Company Check, certified funds or credit card payment must be presented prior to delivery of hardware. All new accounts subject to credit approval. Customer may be billed for services rendered on a monthly basis. All service invoices are due net 30 days. Invoices past due 30 days on payment terms as stated on invoice may be charged 1.5% interest per month and will be subject to service interruption and/or reactivation fees. If Customer fails to pay any amounts due to account, Customer agrees to pay any expenses and reasonable attorney fees incurred by ProTrackGPS in the collection or attempted collection of those unpaid balances. If any payment by check is returned to ProTrackGPS unpaid by Customer’s financial institution for any reason, a $25.00 handling fee will be accessed to Customer and certified payments will only be accepted thereafter.

ProTrackGPS offers Customers the option to purchase products and service with the availability of selective leasing. ProTrackGPS has recruited financial institutions nationwide to offer their services to our customers, providing alternative payment methods that best reflect those customers purchasing requirements. All lease agreements shall be followed in accordance with terms and conditions set forth by the leasing agency. ProTrackGPS will provide Customer with hardware and/or service at time of signed and approved lease agreement. Customer acknowledges that some services provided by ProTrackGPS are not eligible for lease options and will be billed separately to Customer at time of such service.

The hardware is defined as the logistics device that will perform the necessary operations to allow vehicle tracking. ProTrackGPS will provide Customer with hardware at agreed pricing schedule and terms. All hardware requires a service agreement. Each unit purchased by Customer will be accompanied by a signed purchase order unless ordered through our web site. By ordering through our web site, you agree that purchases are accurate and acceptable to these terms. The hardware purchased will include a serial number or assigned ESN. This serial number or ESN is the property of ProTrackGPS and is subject to termination or cancelation at anytime without notice. Serial numbers and ESN's will not be sold or transfered to another party or service provider without the written approval of ProTrackGPS. This agreement will represent each individual product purchased at the time purchase order is submitted, for the term stated above, to begin on the date purchase order is received or product received.

The service is defined as the physical hardware device and communications sources used to transmit data to and from hardware. ProTrackGPS will provide Customer with service at agreed pricing schedule and terms.

Unless installation services are provided and performed by ProTrackGPS, Customer will be responsible for installation and its installers. ProTrackGPS will provide detailed instructions on proper installation procedures and will assist personnel in the installation of product through our technical department. Customer agrees to perform routine inspections of installers work performance. ProTrackGPS may maintain records of product installed, including vehicle information. It is Customers responsibility to maintain the accuracy of these and all records. ProTrackGPS or Customer will test each product after completion of installation. All products must be tested before release of vehicle. This is to ensure proper functionality of the hardware. In order to assist you in a timely manner, activations and product testing should be performed during normal business hours. Installations performed by ProTrackGPS may be billed accordingly to the agreed pricing terms of this Agreement. Customer agrees to hold ProTrackGPS harmless for the installation of the starter disable feature.

ProTrackGPS will provide maintenance and support to the Customer for the duration of this agreement on a per unit basis. Customer support is available on a 24 hour, 7days basis. ProTrackGPS will provide web site maintenance and updates regularly. ProTrackGPS will coordinate with Customers recovery agents and/or local law enforcement with the location and/or recovery of vehicle. Location requests may be billed per incident so timely recovery is essential. Location is considered complete once recovery agent and/or law enforcement has located said vehicle. ProTrackGPS may offer Customer the option of Vehicle Recovery Services. This does require a separate agreement.

ProTrackGPS will offer assistance to Customer for asset recovery services (repossession) on vehicles sold to clientel, provided Customer is a lawful lien holder of said vehicle. Customer agrees to the terms and conditions set-forth in any and all writing regarding vehicle repossessions. Customer also agrees to release ProTrackGPS from any and all liabilities during the recovery of said asset. Client also agrees to pay all fees associated with the recovery of said asset.

ProTrackGPS offers access to its web sites so customers may conduct business more effectively and efficiently. Customer understands and agrees that by using our web site, they abide by the terms and conditions of use for the web site. These terms and conditions are available for display on our web site.

Hardware, Service, Installation and Location Request pricing is billed accordingly to pricing schedule and terms within this agreement. Pricing, Terms and Conditions may change without prior notice.

All products are shipped through UPS unless Customer has made other prior arrangements. Customer is responsible for all shipping costs that appear on invoices at time of collection for hardware costs. ProTrackGPS will ship product regular ground unless specified for earlier delivery by Customer. Carrier is responsible for all lost or damaged hardware. Claims must be submitted with carrier. ProTrackGPS will assist in any claims reasonable to Customer.

Hardware is covered by a limited lifetime warranty against defects in parts and workmanship. Defective units will be repaired or replaced at our sole discretion. Warranties will be voided if product is subject to misuse, abuse, or damage due to collision, faulty installation or any natural act of god. The Customer must return defective units to ProTrackGPS for failure evaluation.

Customer acknowledges that ProTrackGPS services are subject to network coverage and availability. Service access is also subject to transmission limitations caused by factors such as atmospheric conditions, topographical obstructions and other natural or manmade conditions.

ProTrackGPS will not guarantee the recovery or return of Customer assets with the use of our products. Any loss of asset due to hardware or service malfunction is the sole responsibility of Customer. Customer agrees that any loss of hardware due to malfunction is the sole responsibility of Customer and further agrees to hold ProTrackGPS harmless from any liability of such failure.

In no event ProTrackGPS, its agents or employees, are liable to Customer or any third party for indirect, incidental, consequential, special or punitive damages arising from the use of our product. The client shall indemnify and hold ProTrackGPS, its agents or employees, harmless for any loss, damage or liability from any act or failure to act by Customer, its agents or employees.

Customer represents and warrants that all corporate and other authorizations required to enter into and fully perform the obligations of this agreement have been obtained. General: This agreement constitutes the entire agreement between ProTrackGPS and Customer, and supercedes any and all prior agreements, negotiations and correspondence. No change, modification or waiver of these terms and conditions shall be binding on ProTrackGPS unless made in writing and agreed to by ProTrackGPS. Customer will not resell or use hardware in any manner not acceptable to ProTrackGPS unless authorized by ProTrackGPS in writing.

This service agreement is to be enforced by the laws of the State of Arizona and the undersigned applicant agrees to submit to Arizona’s jurisdiction with regard to product and services obtained by ProTrackGPS. The information in this application and any other information provided in financial statements that may be submitted herewith, is submitted for the purpose of obtaining credit and is represented by the applicant to be true and complete. The applicant authorizes ProTrackGPS to investigate all credit references and any other matters pertaining to applicant’s financial responsibility. ProTrackGPS reserves the right to decline, restrict, suspend or revoke credit privileges at any time without notice.