Terms of sale

BY TAKING OUT A SUBSCRIPTION OR MAKING A PURCHASE FROM ‘ADVANCED TRACKING’, YOU UNRESERVEDLY ACCEPT ALL THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE ‘ADVANCED TRACKING’. YOU MAY, PROVIDED YOU HAVE A PROOF OF PURCHASE, RETURN THE “TRACKER” TO THE ESTABLISHMENT WHERE YOU PURCHASED IT OR RETURN IT TO US AT:

SARL ADVANCED TRACKING
51, rue du Port de la Plage
83400 Hyères

Article 1: Company Overview

ADVANCED TRACKING offers its customers services and sales intended for all individuals, whether professional or not. These services include the provision of:
- an internet-based tracking service,
- access to a satellite data transfer service,
- an alert service,
- the sale of associated equipment (trackers, cameras).
- a satellite communication service (voice, data, SMS)
- an IoT/M2M data communication service (data SIM card)
- a data SIM card management service via a web platform.

Article 2: Definitions

The Company: refers to the company ADVANCED TRACKING.
Service: refers to all the services provided by the Company, included in the service described below.
User: refers to any natural person of legal age, with legal capacity, or legal entity, who has taken out a subscription to the Service and has received a letter or email from the Company containing their login details to access it. This also includes persons who, with the User’s consent, have access to the Service.
The Website: The Company’s website, the address of which is: www.advanced-tracking.com and/or www.konectis.com and/or portal.bigdatasim.io and/or www.whatusea.com and/or www.hotspotwifi.eu
Online registration form: online form available on the website www.advanced-tracking.com when the User registers for the Service.
Tracker: Electronic tracker incorporating, in particular, a GPS, antennas, a modem, digital signal processing modules and interfaces, enabling access to all the Services offered by ADVANCED TRACKING.
Username or Login: refers to the confidential and personal access codes (username and password) enabling the User to authenticate themselves and log in to ADVANCED TRACKING’s Services.
Positioning data: data comprising, in particular, latitude and longitude transmitted at regular intervals by the Beacon via the satellite network.
Konectis geolocation interface: web application for Advanced Tracking services

Article 3 – Scope of application

These General Terms and Conditions apply without restriction or reservation to all services provided and sales made by the Company.
These General Terms and Conditions apply to the exclusion of all other terms and conditions, and in particular those applicable to other distribution channels for these services or any terms and conditions of the purchaser or the User. However, for certain subscriptions, they may be supplemented by specific terms and conditions which shall refer to these.
These General Terms and Conditions are accessible at all times on the Website and shall, where applicable, prevail over any other version or any other conflicting document.
Unless proven otherwise, the data recorded by the Company constitutes proof of all transactions.

Subscription to any of the Services is subject to prior acceptance of these General Terms and Conditions.

Article 4. Amendments

The General Terms and Conditions may change over time, particularly in the event of technical, legislative or regulatory developments or when new services are introduced, and will be updated on the Website.
Amendments will take effect upon their publication on the Website for users taking out a subscription after their publication.
For users who are already subscribed, the new version of the Terms and Conditions will be notified to the User by email and via the account management console under the ‘My Account’ section. The User may terminate the contract without penalty or compensation if they do not agree with the new provisions of the Terms and Conditions. If the User does not respond within one month of this notification, the new Terms and Conditions shall apply to them upon the expiry of this period. Neither the duration nor the prices and rates may be unilaterally amended by the Company.

Article 5. Description of the service

The Service includes access to satellite or GSM/GPRS communications networks and access to an interactive platform called “Konectis”, accessible via the internet using the login credentials and password assigned to the User.

The Konectis and/or Whatusea platform provides the User with the following services:
- geolocation of a beacon on an integrated map,
- tracking of the beacon’s path within the aforementioned environment,
- the ability to send alert messages which will be processed by the server,
- forwarding of each alert via SMS or email to a mobile device,
- tailored and scalable services (marine weather, etc.),
- the ability to create a personal profile,

Access to the Service is subject to the purchase of one of the Trackers offered by the Company and sold under the terms set out below.
The portal.bigdatasim.io platform provides the User with the following services:
- management of IoT/M2M SIM cards,
- monitoring of SIM card data usage,

Article 6. Subscription packages – rates – payment and billing terms

6.1 Packages and rates
The packages and their rates are described in a price list available on request.

6.2 Subscriptions and/or packages are taken out at the rates in force on the day of registration. The list of subscription rates is set out in the price list referred to above.
The subscription price, which does not include the supply of equipment, is linked to the duration of the contract on the one hand and the volume of data transmitted to the network on the other. The package does not include the transmission of any data other than geolocation data. In the event of registration during the course of a month, the price will be determined on a pro rata basis. It will be carried forward to the invoice for the first full month following registration and added to that invoice.

6.3 The subscription fee is payable on a monthly basis and is due on the first day of each period. Payment may be made by credit card (Visa), bank transfer/direct debit or by cheque before the 20th of the month.

6.4 Invoicing: Amounts due for the subscription will be invoiced regularly and sent electronically to the User at the address provided when the subscription was taken out.

6.5 Equipment is sold at the prices in force on the day the order is placed, based on the applicable rates set out in the Price List. Prices are quoted in euros, inclusive or exclusive of VAT, and exclude delivery charges. Any purchases of ancillary products or usage outside the subscription will be invoiced and payable immediately. Delivery will take place within the timeframe stated in the order confirmation.
The Company undertakes to send the User a Tag initialised in the version in force at the time of registration, within a maximum of 21 days from payment.

6.6 The Activation Fees are listed in the Price List; they are due upon activation of the Service and will be included in the first invoice.
These fees will not be charged in the following cases:
• where a User waives their right of withdrawal in connection with a subscription to one of our services under the conditions set out in Article 8.
• proof by the User of a failure to perform the Services attributable to ADVANCED TRACKING.

6.7 Updating of banking details by the User
In the event of payment by direct debit, the User undertakes to update their bank details before the 20th of the current month by post, including any necessary supporting documents (providing the new bank account details (RIB) in the event of a change of bank) and also to notify their new bank of the monthly direct debit that will be taken from their account in respect of their Subscription to the Service.

6.8 “Information relating to your order paid for using the 3xCB remote payment solution is subject to automated data processing, for which FIA-NET S.A. is the data controller. The purpose of this automated data processing is to determine a level of assurance for a transaction and to combat payment fraud, in particular credit card fraud.
FIA-NET S.A. and the merchant from whom you are making your purchase are the recipients of the data relating to your order. Failure to provide the data relating to your order will prevent the completion and analysis of your transaction.
Should an unpaid transaction occur due to the fraudulent use of a credit card or other payment method, the order details associated with the unpaid transaction will be recorded in a payment incident file maintained by FIA-NET S.A. An irregular declaration or anomaly may also be subject to specific processing.
In accordance with the French Data Protection Act of 6 January 1978, you have the right, at any time, to access, rectify and delete all your personal data recorded by FIA-NET by writing, by post and providing proof of your identity, to FIA-NET – Data Protection Department – Processing Nos. 773061 and 1080905 – 3/5 Rue Saint Georges, 75009 PARIS. »

Article 7. Terms and Conditions of Subscription

7.1 Registration takes place online via the Website.
The User then enters their personal data, accepts these General Terms and Conditions of Use and provides an email address to which the Company will send login details enabling them to log in to a member account.
They will be asked to confirm their registration within 14 days. To do so, the User will receive a confirmation message at the email address they have provided, which constitutes acceptance of the offer.

7.2 The service will be activated at the earliest on the day following the expiry of the withdrawal period and at the latest 3 days thereafter, unless performance begins before the expiry of the 14-day period at the User’s request. The User’s access to the Service is maintained for the entire duration of the subscription.

7.3 Prices
Each package corresponds to a price listed in a price list available on request. Prices are quoted in euros and are either exclusive of tax or inclusive of tax, depending on the country of order. Any VAT payable in France shall be borne by the User in addition to the subscription price.

Article 8 - Right of withdrawal

8.1- Description
Withdrawal relating to goods (e.g. beacons)
You have the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last item.

Withdrawal relating to a service (e.g. subscriptions)
The withdrawal period expires fourteen days after the day on which the contract is concluded.

8.2- Exercising the right of withdrawal:
To exercise your right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. a letter sent by post, fax or email) by post to the address Advanced Tracking - 51, rue du Port de la Plage - 83400 Hyères - France, by telephone on +33 4 94 23 15 51 or by email to commercial@advanced-tracking.com.
You may use the model withdrawal form, but this is not mandatory.
To ensure the withdrawal period is met, you simply need to send your notification regarding the exercise of the right of withdrawal before the withdrawal period expires.
You will be responsible for the direct costs of returning the goods.

8.3- Consequences of the right of withdrawal

Withdrawal relating to goods
You must return or hand over the goods to Advanced Tracking - 51, rue du Port de la Plage - 83400 Hyères - France, without undue delay and, in any event, no later than fourteen days after you have notified us of your decision to withdraw from this contract.
This deadline is deemed to have been met if you return the goods before the expiry of the fourteen-day period.
If you withdraw from this contract, we will refund all payments received from you, including delivery costs (with the exception of any additional costs arising from your choice, where applicable, of a delivery method other than the least expensive standard delivery method offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract.
We may withhold the refund until we have received the goods or until you have provided proof of dispatch of the goods, whichever is earlier.
You are liable only for any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.

Withdrawal relating to a service
If you have requested that the provision of services commence during the withdrawal period, you must pay us an amount proportionate to what has been provided to you up to the point at which you informed us of your withdrawal from this contract, in relation to the total services provided for in the contract.

8.4- Exceptions to the right of withdrawal
The right of withdrawal does not apply to the following contracts:

Withdrawal relating to goods
- contracts for the supply of audio or video recordings or computer software where the consumer has unsealed them after delivery;

Withdrawal relating to a service
- contracts for the provision of services fully performed before the end of the withdrawal period and where performance began after the consumer’s prior express consent and express waiver of their right of withdrawal;

Article 9 – Your Member Account – Identification Details

9.1 As a User, a personal account will be created for you on the Konectis platform, enabling you to receive information and access the Services using login credentials – username and password.
The User agrees to provide accurate and complete information at the time of registration and whenever using the Service, and undertakes to update their Registration details so that they remain accurate and complete. The User agrees that ADVANCED TRACKING may retain and use the Registration details provided for the purposes of maintaining the “Member Account” and for billing.

9.2 The User is solely responsible for the confidentiality and security of their account and for all operations carried out on or via their account. The User must immediately notify the Company of any breach of their account’s security. The Company shall not be held liable for any damage arising from unauthorised use of this account.

Article 10 – Service Operating Procedures

10.1 To determine your position, the Service uses coordinates from the GPS satellite constellation. To transmit your data, the Service uses a satellite communication link.

10.2 You may use the Service anywhere within the areas covered by the satellite network. We invite you to request a map of the satellite coverage areas.

10.3 Upon registration, the User must provide the contact details of at least two people to be contacted in an emergency, referred to as “contact 1” and “contact 2”.

10.4 The Company collects data regarding your transmissions for billing purposes and to monitor service quality. Geolocation data is retained solely for your benefit and for your use only.

Article 11 – User’s Obligations

11.1 The User undertakes to remain up to date with their financial obligations to the Company throughout the term of the Contract.

11.2 Provision and updating of data by the User:
The User undertakes to check their ‘Member Account’ regularly to view any new messages and information concerning them or concerning access to the Service.
The User is required to provide and update in their " Member Account" on the Website all the data which they must make available to the Company at all times for the proper functioning of the Services, in particular the telephone numbers to which SMS messages are sent, and all the information requested by ADVANCED TRACKING when the User’s account was opened.
The Company shall in no circumstances be held liable for any inaccuracies in the information provided by the User or for any consequences such inaccuracies may have on the quality and effectiveness of the Service.

11.3 The User undertakes to use the Service solely for its intended purpose and in accordance with the laws and regulations in force. They undertake to use the Tag only in accordance with the Service usage guidelines set out in the “installation guide” supplied with the Tag. The User undertakes not to misuse the Tag made available to them.
The User is liable for any use of the Tag and the Service that does not comply with their intended purpose, applicable standards, or the instructions for use contained in the Tag’s manual.

11.4 All equipment, connection methods, telecommunications facilities or other resources necessary for the User to access the Service shall be the sole responsibility of the User. The User acknowledges that they have been informed that their IT equipment (computer, cabling and software) must be compatible with the Service.

Article 12 - Obligations of ADVANCED TRACKING

12.1 Guarantee of proper functioning of the Tracker
The Company guarantees the proper functioning of the Tracker for a period specified in the order confirmation. Accordingly, during this period, the Company undertakes to replace the Tracker should it prove to be defective.
It is understood that ADVANCED TRACKING’s warranty applies only to the Tracker and not to consumables.

12.2 Service Continuity – Limitations Related to Satellite Operation
The Company undertakes to deploy the necessary resources to ensure the permanence, continuity and quality of the Service and is, in this respect, bound by an obligation of means. The Company shall endeavour to maintain access to the Service 24 hours a day, every day of the year, except in the event of network disruptions beyond its control.
In exceptional circumstances, the Company may suspend access to its Services for a consecutive period of 24 hours for maintenance or update purposes. The Company shall notify the User on the Website at least 8 days in advance.

12.2.1 The availability of satellite and GSM systems is limited by space technology and environmental conditions that affect radio transmissions. The service may become limited or temporarily unavailable without prior notice.
The Company does not own or control the service providers that operate the links between satellite and/or GSM ground stations, including satellite and/or GSM antennas and their supporting equipment, as well as the satellites themselves. Furthermore, ADVANCED TRACKING does not own or control the GPS satellite constellation and therefore cannot be held responsible for any service interruptions related to these satellite systems or ground stations.

12.2.2 The satellite and/or GSM service is a wireless service and requires an unobstructed line of sight to the satellite. Consequently, the service is subject to transmission and reception limitations caused by:
• the location of the Beacon, where the surrounding environment may obstruct the line of sight to the satellite systems;
• the operation of satellite systems and ground stations;
• weather conditions, atmospheric conditions, magnetic interference, environmental interference and other factors beyond the control of ADVANCED TRACKING or the satellite systems;
• other electronic equipment operating in the same frequency band as that defined above (radar, AIS, satellite telephone, etc.)

12.3 Limitations of the Emergency Service

12.3.1 The User acknowledges that the Service is not an approved maritime distress transmission service and therefore does not under any circumstances replace distress beacons using the global Cospas-Sarsat satellite network on the 406 MHz frequencies.
The Service can therefore only serve as a supplementary aid.

12.3.2 The User may, however, use the Service to trigger an emergency call by activating the distress system fitted to certain beacons. The emergency call will be handled directly by the FocusPoint rescue coordination centre 24 hours a day, 7 days a week.
11.3.3 Upon activation of the service, the Company shall transmit to FocusPoint the data provided during registration for the services and the geolocation coordinates under the following conditions:
1. ADVANCED TRACKING may contact the “contact 1” and “contact 2” numbers provided by the User in their registration details, if available, in order to attempt to verify the emergency signal.
2. If FocusPoint has reasonable grounds to believe that an emergency situation does not exist, it reserves the right to contact only the “contact 1” and “contact 2” numbers you have provided.
The User is informed that they may be charged for any costs incurred in the event of a search and rescue operation resulting from the transmission of a false emergency signal. Furthermore, in the event of deliberate or negligent misuse of the emergency service, the Company reserves the right to charge the User a fee of €300 to recover the costs incurred in responding to such misuse.

12.4 – Support

12.4.1 Telephone support
ADVANCED TRACKING provides Users with a telephone support service (Hotline) for technical queries via the number: +33 (0)4 94 23 15 51.
The service’s opening hours are specified on the Website. The charges for using this service are set out in the price list.

12.4.2 Online Support
The support service is also available online at:
commercial@advanced-tracking.com
Access to the online support service is free of charge, except for any internet connection costs.

Article 13 – Protection of personal data – Data Protection Act

13.1 The Company undertakes to take all necessary and reasonable technical measures to safeguard Users’ data and to ensure that such data is not accessible to third parties without the prior authorisation of the User concerned.
The Company shall not be liable for any intrusion by third parties into the User’s system, nor for any fault, negligence or act whatsoever on the part of the User or third parties outside the IT systems and beyond its control.

13.2 The Company undertakes to comply with the reporting obligations and other obligations imposed by the French Data Protection Act No. 78-17 of 6 January 1978 in all matters relating to the processing of personal data concerning the User and internet users from whom it may collect personal information. By signing these General Terms and Conditions, the User and the Internet User consent to such personal data being processed to the extent strictly necessary for the provision of the services offered by the Company as described in these General Terms and Conditions and for the management of customer relations.
The User has the right at any time to object to, access, obtain information about, modify, rectify and delete data concerning them via the account management console accessible at the following address http://www.konectis.com/users/login or portal.bigdatasim.io, or by sending a letter by post to the Company’s registered office.

Article 14 – Exclusion of Warranties – Limitations of Liability

14.1 Liability of ADVANCED TRACKING
The Company shall only be held liable for damages resulting directly from its own negligence.
The Company shall not be held liable in the event of non-performance or improper performance of the contract attributable either to the User, in particular due to the incompatibility of their personal equipment with the Service, or to a third party to the contract (in particular in the event of malfunction or unavailability of satellite networks), or to a case of force majeure or unforeseeable circumstances as generally recognised by case law. A case of force majeure or unforeseeable circumstances shall suspend the obligations arising from the Contract for the entire duration of such event.
Consequently, the Company shall under no circumstances be held liable to the User in the event of an inability to provide the Service or in the event of delays caused by any event occurring beyond the control of the Company or its suppliers, including:

- Outbreaks of hostilities, war, riots, civil unrest, acts of terrorism, fires, explosions, floods, snow, fog or other adverse weather conditions, faults in communication or satellite systems, power cuts or fluctuations, power surges, damage caused by electromagnetic interference, theft, wilful damage, strikes, lock-outs or industrial action of any kind;
- Failure, delay or inaccuracy of GPS satellites in providing geolocation coordinates;
- Delay or inaccuracy, not attributable to the Company, by the messaging device in processing and/or transmitting data, including emergency signals and/or geolocation coordinates;
- Failure or delay by the satellite system and/or ground stations in data transmissions, including, but not limited to, emergency signals, geolocation coordinates, pre-programmed messages and/or the display of Google Maps and/or OpenStreetMap and/or OpenSeaMap;
- Failure or delay by an email or mobile phone service provider to transmit the message, or failure or delay by third parties to respond to emergency signals.

Furthermore, the Company shall not be held liable for any loss or damage where:
- The loss or damage does not constitute a reasonably foreseeable consequence of such a failure
- Any aggravation of such loss or damage results from a breach on your part, of whatever nature, of any provision of this Agreement;
- Such loss or damage results from a decision taken by the Company, during an investigation into an alleged breach of this Agreement or following the Company’s determination that a breach of this Agreement has occurred, to remove or refuse to process information or content, to notify you, to suspend or terminate your access to the Service, or to take any other action;

In any event, if the User is not a consumer and is a professional, the Company shall under no circumstances be held liable for an amount exceeding the total of the flat-rate payments made for the last two months.

14.2 Exclusion of warranty
Given its reliance on the satellite systems used by the Advanced Tracking messaging device for the transmission of data, including emergency signals, the Company cannot guarantee the availability or accuracy of the Service.
In the event of a distress signal, the Company is therefore only obliged to transmit the signal to the FocusPoint emergency coordination centre, within the limits set out herein; under no circumstances shall it be bound by an obligation of result regarding the transmission of the message or the rescue operation.

Article 15 - Conclusion of the contract

In accordance with the provisions of the Civil Code regarding the conclusion of online contracts, the contract shall be concluded when you click on the button confirming your order after having viewed the details thereof, in particular the total price, and having had the opportunity to correct any errors. You thereby acknowledge your obligation to pay.

Article 16 - Term of the contract

This contract is concluded with the User for the minimum period specified in the package chosen by the User. Any renewal shall be for an indefinite period.
At any time and regardless of the subscription package chosen, the User may request early termination.
Termination must be made by registered letter with acknowledgement of receipt addressed to ADVANCED TRACKING - 51, rue du Port de la Plage - 83 400 Hyères or by email to admin@advanced-tracking.com
In order to identify and authenticate requests, any request for termination must include at least the User’s surname, first name, login details and email address. If the request for termination is incomplete, it will not be processed and the User will continue to be charged the price of the chosen package.

Article 17 – Archiving and accessibility of contracts concluded online

Contracts concluded on our website (data relating to your order and the Terms and Conditions in force on the date of your order) are archived for a period of 10 years. You may access archived contracts by submitting a request via email to commercial@advanced-tracking.com or by post.

Article 18 – Early termination

This contract may be terminated automatically by the Company eight days after formal notice has been sent to the address provided at the time of subscription, provided no change of address has been notified since then, by registered post with acknowledgement of receipt which has remained without effect, in the event of non-payment by the the User of all or part of the sums owed by the latter in respect of the subscription, or in the event of the User’s failure to fulfil any of their contractual obligations.
Such termination shall be without prejudice to the application of the other specific provisions of these General Terms and Conditions and to any damages that may be claimed from the User as compensation for the loss suffered.
Termination of the contract shall result, without a second formal notice, in all sums owed by the User becoming immediately payable.

Article 19 – Governing Law – Disputes – Language

The Contract is governed by French law. Any disputes that may arise between the parties in connection with the interpretation and/or performance of this Contract shall be submitted, failing an amicable settlement, to the exclusive jurisdiction of the competent court in Toulon, with the exception of disputes concerning non-commercial persons, to which the statutory rules on jurisdiction apply.

In the event that the T&Cs are translated into one or more languages, only the French version of the contractual documents shall be binding on the parties and shall prevail in the event of a dispute.