GENERAL SALES & SERVICE TERMS
BY SIGNING THE ‘ADVANCED TRACKING’ SUBSCRIPTION YOU AGREE TO ACCEPT THE TERMS BELOW. IF YOU DON’T ACCEPT THESE TERMS PLEASE DON’T USE ‘ADVANCED TRACKING’ PRODUCTS. IF YOU HAVE YOUR PROOF OF PURCHASE, YOU ARE ENTITLED TO RETURN THE ‘DEVICE’ TO THE SELLER OR DIRECTLY TO US, AT THE ADDRESS BELOW:
SARL ADVANCED TRACKING
51, RUE DU PORT DE LA PLAGE
1: Company profile
ADVANCED TRACKING offers to its clients services and products designed for professional and non-professional. These services include:
- tracking services via Internet,
- access to a data transfer service through satellite
- alert service,
- selling the associated equipment (tracking devices, cameras),
- selling security equipment.
The Company: means ADVANCED TRACKING company.
Service: means all services delivered by the Company and included in the description below.
User: means any adult natural person having the legal capacity or any legal entity that subscribed to the Service and received a letter or an e-mail from the Company, with personal access information. This notion can also refer to those who are given access to the Service by the consent of the User.
Website: means the Company’s website: www.advanced-tracking.com and/or www.konectis.com
Online subscription form: online form accessible via the website www.konectis.com during the User subscription process.
Tracking device: An electronic device including in particular: GPS, antennas, modem, digital signal processing modules and interfaces allowing to access all services offered by ADVANCED TRACKING.
Username or login: confidential and personal access codes (login and password) allowing the User’s authentication and connection to Services offered by ADVANCED TRACKING.
Positioning unit: data including in particular the latitude and the longitude transmitted in regular intervals by the tracking device through the satellite network.
Konectis platform: web application created for Advanced Tracking services
3 – Scope of application
There terms apply, without restriction or reserve, to all services delivered by the Company and sales of the Company.
These General Terms shall apply to the exclusion of any other conditions, in particular of those applicable for other marketing channels or of any User or Buyer conditions. However, in case of some subscriptions they can be completed by possible special conditions that shall refer to these ones.
These General Terms are accessible on the Website at any time and shall prevail over any other version or any other contradictory document.
Unless proved otherwise, the data recorded by the Company constitutes proof of all transactions.
Subscribing to any of the Services is subject to prior acceptance of these Terms.
These General Terms can change over time, in particular in case of technological, legal or regulation changes or in case of introducing news services. After each amendment the Terms shall be updated on the Website.
For users subscribing to the services after the update, the amendments shall take effect immediately upon their publication.
The already subscribed users will be notified about the new General Terms by e-mail as well as by an information published in the management console, in the ‘my account’ tab. The User may terminate the contract without penalty or compensation if he doesn’t agree with the new provisions of the general terms. In case of lack of response of the User within a month from such a notification, the General Terms will start to apply. No unilateral modification by the company is possible regarding the duration and the prices.
5. Service description
The Service includes access to satellite communication and GSM/GPRS networks as well as to an interactive platform : "Konectis" accessible via Internet thanks to login and password assigned to the User.
The Konectis platform provides the following services:
- tracking on integrated maps,
- monitoring track on integrated maps,
- the possibility of sending alert messages afterwards treated by the server,
- transfer of each SMS or E-mail towards mobile phone equipment,
- tailored services (maritime weather forecast and others...),
- personal and travel blog of the User,
- creating a personal profile,
The access to the Service is subject to purchasing one of the tracking devices offered by the Company under the conditions below.
6. Subscription packages – prices – terms of payment and invoicing
6.1 Packages and prices
The packages and their prices are specified on a fee schedule available upon request through the Website.
6.2 Subscriptions and/or packages are available at prices in force on the registration day. The subscription fee schedule is available at the above-mentioned place.
Subscription fees don’t include the equipment delivery and are related to the contract duration and to the amount of data transferred to the network. The package allows transmitting only tracking data. If you registration takes effect in the ongoing month, the fees will be settled according to the accruals basis. It will be added on the invoice for the first complete month of subscription.
6.3 The subscription fees are payable every month before the first day of every period. The payment can be made by visa card, by transfer/standing order or by check before the 20th of each month.
6.4 Billing: The subscription fees will be subject to regular electronic bills sent to the e-mail account entered by the User during the subscription process.
6.5 The prices for the equipment sent are those force on the ordering day according to the fee schedule. All prices are given in euros – VAT included or excluded, transportation not included. Purchasing accessories or all consumption beyond the subscription will be invoiced and shall be paid immediately. The delivery will take place within the time given in the order confirmation message.
The Company agrees to send to the User the latest version of an initialized device within 21 days after the payment.
6.6 Putting into service costs are mentioned in the fee schedule, the payments are to be settled at the Service activation and will be included in the first invoice.
These fees won’t be recovered in the following cases:
• the User, who is also a consumer, exercises his right of withdrawal (article XV)
• the User proves ADVANCED TRACKING’s non-performance of services.
6.7 Update of User’s banking information
In case of payment by standing orders, the User is obliged to update his banking information before the 20th of the ongoing month by a post service. The message should include all necessary supporting documentation (the User should provide the bank RIB details in case of change of bank) and inform in advance about his newly chosen bank where the standing order for the Service Subscription is to be settled.
information relating to your order paid with the 3xCB remote solution
is the subject of an automated data processing whose responsible is
FIA-NET SA This automated data processing has for finality the
determination of a level of insurance for a transaction and to fight against the fraud with the
means of payment and in particular against the fraud with the credit
FIA-NET S.A. and the merchant from whom you make your purchase are the recipients of the data relating to your order. The non-transmission of data related to your order prevents the realization and analysis of your transaction.
occurrence of an unpaid due to fraudulent use of a credit card or other
means of payment will result in the registration of the order data
associated with the unpaid within a payment incident file set implemented by FIA-NET SA An irregular declaration or an anomaly may also be the subject of a specific treatment.
accordance with the Data Protection Act of 6 January 1978, you have the
right to access, rectify and delete all your personal data registered
by FIA-NET by writing, by post and by post. by
justifying your identity, to FIA-NET - IT Service and Freedoms -
Treatments n ° 773061 and n ° 1080905 - 3/5 Rue Saint Georges, 75009
7. Subscription terms – right of withdrawal
7.1 The Registration takes place online, through the Website.
The User enters his personal data, agrees with the General Sales and Service Terms and provides an e-mail address used by the Company while sending identifying codes allowing to access a member account.
The User will be asked to confirm his registration within 14 days. In order to confirm his registration the User will receive a confirmation message, equal to the offer acceptation.
7.2 Right of withdrawal
According to the Consumer Code provisions, the User-Consumer has a right to withdraw his subscription within 14 days after its confirmation. The withdrawal shall be notified by sending a registered letter with acknowledgement of receipt addressed to ADVANCED TRACKING – 51, rue du Port de la Plage - 83400 Hyères - FRANCE, including User’s name and surname.
According to the Consumer Code provisions, if the execution of the ADVANCED TRACKING package started under 14 days by the User-Consumer’s agreement, the latter loses his right of withdrawal, unless the early execution of the service is related to the need of an urgent and immediate assistance of the User-Consumer, according to the article L.121-20.
If the deadline falls on a holiday or a bank holiday, on Saturday or on Sunday, the delay is extended until the next business day.
The exercise of the withdrawal right implies the reimbursement by ADVANCED TRACKING of all the sums already paid by the User has, if the Service was not used in the above-mentioned conditions and if the already delivered tracking device is returned within 14 days from the withdrawal day in its original packaging, in a perfect state, with all the accessories, user instructions and documents attached, at the User’s expense and at the above-mentioned address.
7.3 The commissioning
The commissioning takes place the earliest the day after the expiry of the withdrawal period and not later than two days after it, except for the beginning of execution before the expiration of 14 days at the User’s request. The access to the Service by the User is maintained throughout the duration of the subscription.
Each formula has its price displayed in a fee schedule available upon request. All tariffs are in euros and do not include national tax nor VAT. The VAT that may be claimed in France will be borne by the user in addition to the subscription fee.
8 – Your Member Account – identification data
8.1 As a user you will receive a personal account on the platform Konectis, allowing you to receive information, and access the Services by entering your Log In and password.
The User agrees to provide accurate and currently complete data and agrees to update their registration data to keep it accurate and complete. The User agrees that Advanced TRACKING stores and uses the Registration Data provided to the holding of "Member Account" and billing.
8.2 The User is solely responsible for confidentiality and security of their account and all transactions done through and on this account. The User shall immediately notify the Company of any breach of security of their account. The Company cannot be held liable for any damages resulting from an unauthorized use of this account.
9 – Terms of Service
9.1 In order to calculate your position, the Service uses coordinates from the GPS satellite constellation. To transmit data, the Service uses satellite communication link.
9.2 You can use the service anywhere in the areas covered by the satellite network. We invite you to ask for the satellite coverage maps.
9.3 When registering, the User must provide coordinates of at least two persons to contact in case of emergency – these are called "primary contact" and "secondary contact".
9.4 The Company collects information about your transmissions for billing purposes and to monitor the service quality. The geo-location data are stored to User’s own benefit and for their use only.
10 – User obligations
10.1 The User agrees to be up do date regarding their financial obligations towards the Company during the Contract’s the duration.
10.2 User data providing and updating:
The User agrees to visit regularly their "Member Account" to check for new messages and personal information as well as to access the Service.
The User shall provide and update in the "Member Account" on the website all data enabling the Company to continue providing its services, especially the phone number towards which SMS messages are directed, and more generally all the information sought by ADVANCED TRACKING when opening the User account.
The Company will in no way be held responsible for inaccurate information provided by the user and consequences that these inaccuracies could bring about to the quality and efficiency of service.
10.3 The User agrees to use the Service in accordance with its purposes and in accordance with laws and regulations. The User undertakes to use the Device always in accordance with guidelines for using the Service described in the "Installation Guide" provided with the Device. The User undertakes not to misuse the device placed at his disposal.
The User is responsible for using the Device and the Service against their destination, applicable standards, and the operating instructions contained in the device’s installation guide.
10.4 All equipment, connecting devices, telecommunications or other necessary access to the User Service are the sole responsibility of the latter. The User acknowledges being informed that his equipment (computer, wiring and software) must be compatible with the Service.
11 - ADVANCED TRACKING obligations
11.1 Guarantee of proper operation of the tracking device
The Company guarantees a proper functioning of the Device during a period specified in the order confirmation. As such, during this period, the Company undertakes to replace the device it is malfunctioning.
It is understood that the guarantee of ADVANCED TRACKING can only be exercised for the device but not for its parts.
11.2 Service continuity – Satellite operation limits
The Company will do all to ensure the permanence, continuity and quality of service and as such is held to an obligation of means. The Company will endeavor to maintain access to the service 24 hours every 24 days of the year, except disruption to networks beyond its control.
The Company may exceptionally suspend access to its services for a consecutive period of 24 hours for reasons of maintenance or upgrade. The Company will notify the User of the Site at least 8 days in advance.
11.2.1 The availability of satellite systems is limited by space technology and environmental conditions that influence the radio transmissions. The service may be limited or temporarily unavailable without notice.
The Company does not own the companies providing services that provide links between ground stations and satellites, including satellite dishes and their support equipment and satellites, nor the control. In addition, ADVANCED TRACKING does not own the GPS satellite constellation, nor the control, and therefore cannot be responsible for any interruption of service due to these satellite systems and ground stations.
11.2.2 The satellite service is a wireless service and requires an unobstructed line of sight to the satellite. Thus, the service is subject to the limits of transmission and reception caused by:
• the location of the tag whose implementation environment can mask the line of sight with the satellite systems;
• the operation of satellite systems and ground stations;
• weather conditions, atmospheric conditions, magnetic interference, interference and other environmental factors beyond the control of ADVANCED TRACKING or satellite systems;
• other electronic hardware in the same frequency band as defined above (radar, AIS, satellite phone ...)
11.3 Emergency service limits
11.3.1 The User declares to be informed that the Service is not an approved service for the transmission of distress signals at sea and cannot be a substitute, therefore, to distress beacons using the global satellite network on the Cospas-Sarsat 406 MHz. The Service is therefore able to provide only the additional support.
11.3.2 The User may use the Service to initiate an emergency call by implementing the system integrated in the distress beacon.
The Company continuously monitors distress calls and is validated by GEOS ALLIANCE to introduce ways to search and rescue;
11.3.3 The Company will transmit the emergency call, the data provided during registration and racking coordinates to emergency services as follows:
1. ADVANCED TRACKING will contact numbers provided for "primary contact" and "secondary contact" that the User has provided in its registration information, if they are available in order to validate the emergency signal.
2. In case of an assumption that the emergency conditions do not exist, ADVANCED TRACKING is entitled to communicate only with the numbers of primary and secondary
The User is informed that he will be charged for all intervention costs in case of a search and rescue action resulting from the transmission of a false emergency signal. Moreover, in case of a willful or negligent misuse of the emergency department, the Company is entitled to charge the User with the amount of € 300 to recover costs that incurred while responding to this misuse.
11.4 – Support
ADVANCED TRACKING provides its Users a help desk (hotline) for any technical questions: +33 (0) 4 94 23 15 51.
The opening hours of services are specified on the Site. Tariffs for use of this service are listed in the fee schedule.
11.4.2 On line support
The online support is available also online at the address :
Access to online support service is free, except for eventual costs of Internet communication.
12 – Personal data protection – Data Protection Law
12.1 The Company undertakes to take all reasonable steps and useful techniques to preserve the data of users and ensure that they are not accessible to third parties without prior authorization from the User concerned.
The Company is not responsible for any third party intrusion into the system of the User, or any fault, negligence, or any act of the User or third party computer systems and outside its control.
12.2 The Company undertakes to comply with reporting requirements and other obligations under the Data Protection Act No. 78-17 of 6th January 1978 for all matters concerning the processing of user personal data and other personal information collected. By signing these Terms the User or the Internet-surfer agree for his personal data to be subject to treatments strictly necessary for the implementation of the services offered by the Company as described in these Terms General and management of customer relations.
The User has at any time an individual right to oppose, to access, to modify, to rectify and delete data concerning him via the console account management accessible at the following address http://www.konectis.com/users/login or by sending an mail to the address of the registered office.
13 – Disclaimer of Warranties- Limitation of Liability
13.1 ADVANCED TRACKING’s liability
The Company can be held liable only for damages resulting directly from its own mistakes.
The Company's liability can’t be incurred for non-performance or improper performance of the contract attributable either to the User, in particular because of the incompatibility of his personal equipment with the Service, either because of reasons related to third party (especially in case of malfunction or unavailability of satellite networks) or in case of force majeure or unforeseeable circumstances usually recognized by the courts. The force majeure or fortuitous event suspend the obligations of the Contract for all of its duration.
Therefore, the Company will in no circumstances be held liable if unable to provide the Service nor for delays caused by any circumstances which occurred independently on the will of the Company or its suppliers, including:
• triggering hostilities, war, riots, civil disturbances, acts of terrorism, fires, explosions, floods, snow, fog or other inclement weather, anomalies of the satellite communication systems, power fluctuations or outages, spikes current, damage caused by electromagnetic interference, theft, malicious damage, strike, lockout or industrial action of any kind;
• failure, delay or inaccuracy of the GPS satellites to provide location-based coordinates;
• o delay or inaccuracy that cannot be attributed to the Company, caused by the messaging device for treating and / or transmitting data including emergency signals and / or geolocation coordinates,
• failure or delay caused by the satellite system and / or ground stations in data transmissions, including, without limitation, emergency signals, the coordinates of location-based, pre-programmed messages and / or displaying Google -maps,
• failure or delay caused by e-mail services or mobile phone service providers, to send the message, failure or delay in the response of others to emergency signals.
The Company will be liable for loss or damage if:
• loss or damage is not a reasonably foreseeable consequence of such breach
• any aggravation of such loss or damage results from breach to any provision of this Agreement;
• such a loss or damage resulted from the decision of the Company, during the investigation of an alleged violation of this Agreement or after a determination by the Company that a breach of this Agreement has occurred, to delete or to refuse to process information or content, to warn, suspend or terminate your access to the Service or take any other action;
In any event, if the User is not a consumer but a professional, the Company's liability shall in no case be retained beyond the amount of the settlements made within the previous two months.
Given the fact that the Advanced Tracking messaging device for transmitting data including emergency signals is associated with satellite systems, the Company cannot guarantee the availability or accuracy of the Service.
In case of a distress signal, the Company is obliged exclusively to transmit the signal to the rescue services, within the limits set forth herein. The Company shall in no event be held to an obligation of the result of the message transmission.
14 - Duration
This contract is concluded with the User for the minimum period according to the package chosen by the user. Any further renewal will be for an indefinite period.
At any time and regardless of the form of subscription, the User may request an early termination.
The cancellation must be notified by a registered letter with acknowledgment of receipt sent to ADVANCED TRACKING - 51, rue du Port de la plage - 83400 Hyères - FRANCE, or by mail to [email protected]
To identify and authenticate the requests, any request for termination must include at least the full name, surname, User IDs and his e-mail address. If the cancellation request is incomplete, it will not be taken into account and the User will continue to be charged the package chosen.
15 – Early termination
This contract will be terminated by the Company by operation of law eight days after a formal notice sent to the address provided at the subscription if no changes have been reported since then by registered mail with return receipt remained without effect, in default of payment by the User of all or part of amounts due by it for the subscription, or for any breach by the User of any of its contractual obligations.
Such termination shall take effect without prejudice to the application of other specific provisions of these Terms and any damages that might eventually be charged to the User for damages suffered.
Termination of the contract will require an immediate payment of all amounts due by the user.
16 – Applicable Law – Disputes – Language
The Agreement is governed by French law. Any disputes that may arise between the Parties in connection with the interpretation and / or execution of this Agreement shall be subject, in the absence of agreement, to the exclusive jurisdiction of competent court of Toulon, except for disputes concerning other than tradesmen and for which the legal rules of such jurisdiction apply.
In case of several linguistic versions of GTC, only the French version of the Contract Documents will be binding and shall prevail in case of dispute.