Terms and conditions
COMMERCIAL SERVICE AGREEMENT
TERMS & CONDITIONS
Anonymous Holdings Limited will provide the customer with Services under the following terms and conditions.
1. PARTIES Who are the parties to this Commercial Service Agreement?
This Commercial Service Agreement is between the Customer and Anonymous Holdings Limited
The Customer is any company or individual that accepts these terms and conditions and received Services from Anonymous Holdings Limited.
The Customer acknowledges that Anonymous Holdings Limited may transfer all the rights and obligations under this Commercial Services Agreement to a third party without the Customer’s consent.
2. AGREEMENT TERM What is the term of this commercial Service Agreement?
This Commercial Services Agreement will continue for the period of time that Services are provided by Anonymous Holdings Limited to the Customer.
The Agreement Term for a trial Anonymous Holdings service is 30 days.
3. TERMINATION SERVCES AND AGREEMENT How can the Commercial Service Agreement end?
The Customer may terminate this Commercial Service Agreement at any time subject to the provision of any other agreement by providing Anonymous Holdings Limited 30 days written notice of cancellation.
At any time during the provision of Services to the Customer, Anonymous Holdings Limited can terminate this commercial Services Agreement immediately if:
The Customer breached any term of this Commercial Services Agreement and fails to remedy that breach within 14 days of receiving notice to do so.
Anonymous Holdings reserves the right to interrupt access to Services (partially or wholly) from the time of a Customer breach until this breach has been resolved to Anonymous Holdings’ satisfaction.
The Customer, in Anonymous Holdings’ opinion, is bankrupt or insolvent including the Customer going into liquidation or provisional liquidation, receivership, or administration.
Without limitation, the Customer will be in breach of this Commercial Service Agreement if the Customer:
Does not pay any amount owing within 7 days of the date which the amount becomes payable;
Damages or misuses purchased or trial Equipment and/or SIM cards leading to the inability of Anonymous Holdings Limited to perform its service.
Does the Customer have to pay anything if it terminates this Commercial Services Agreement?
The Customer must pay any outstanding fees for Services and Equipment provided including one calendar month after written notice is given to terminate services. If an account is closed all owing debts still require payment. If an account is closed within the first 12 months of account activation, then the amount owing shall be the first 12 months minus that already paid in full.
The Customer must return the SIM card undamaged to Anonymous Holdings Limited or pay a SIM termination fee of $87 + GST.
If the Customer has trialed devices and does not want to continue with Anonymous Holdings services, they must remove devices with SIM cards intact from their vehicles and deliver to Anonymous Holdings undamaged, at their own cost within one calendar month of notice. Failure to return devices and SIM cards undamaged to Anonymous Holdings will incur full 12 month price plus $87 + GST termination fee for SIM card.
4. OBLIGATIONS What are the Customers obligations?
The customer agrees throughout the Agreement Term to pay the Fees to Anonymous Holdings Limited for the Services in accordance with this commercial Service Agreement.
The Customer agrees throughout the Agreement Term to immediately contact Anonymous Holdings Limited:
when any of the Customer’s information (contact information, sale of business) changes;
prior to the selling the vehicle/machine/asset the Equipment is attached to;
prior to moving/installing equipment into a different vehicle/machine/asset
prior to changing its bank; or financial institution where that affects the Customer’s selected payment option.
The SIM Card installed in GPS units supplied to the Customer is the property of Anonymous Holdings’ telco provider and Anonymous Holdings has the license to operate and manage the SIM card to provide Services.
The Customer must ensure that the SIM Card is not removed from the GPS unit or damaged in any way (other than manufacture fault or force Marjorie) whilst in their possession.
At the termination of service with Anonymous Holdings Limited the Customer must ensure that the SIM Card is returned to Anonymous Holdings Limited in the same working condition it was at the time of termination.
If the SIM Card supplied is damaged (other than manufacture fault or force Marjorie), or not promptly returned to Anonymous Holdings Limited at the termination of service, Clause 3 will apply.
5. THE EQUIPMENT AND SERVICES What Services will Anonymous Holdings Limited supply?
Anonymous Holdings limited will provide the Customer with secure access to a web-based GPS Tracking platform to:
Monitor their assets to the best ability of the device and telco coverage.
Receive alerts as selected by the Customer via SMS.
Receive report based information as selected by the customer via the web-based GPS Tracking platform in accordance with your selected subscription plan
Who supplies and installs the Equipment?
Anonymous Holdings Limited will supply the Equipment and can provide details for the preferred installers for our vehicle tracking equipment who will carry out installations in accordance with New Zealand Standards, all relevant regulatory requirements and the manufacturer’s instructions. For Fleet Tracking customers this will be advised.
Who owns the Equipment?
Upon payment of the first 12 months of service fees, the Customer has title to and risk in the Equipment. Prior to payment of the first 12 months of service fees, title to the Equipment remains with Anonymous Holdings Limited. Risk in the Equipment passes from Anonymous Holdings Limited to the Customer upon installation of the Equipment into a Customer’s asset.
Anonymous Holdings Limited’s telco provider/s owns and has sole rights over the Sim Card installed into the Customer’s GPS device. The telco provider reserves the right to send updates or upgrades to the SIMs by any means (such updates or upgrades may be required for functionality, for intellectual property issues or to comply with national regulations). This is not intended to cover physical updates or upgrades. Notwithstanding any transfer of title to the physical SIMs, the Customer consents to the update or upgrade by our telco providers of the SIMs from time to time.
The Customer is responsible for ensuring the Equipment is not damaged or removed.
When do the Services commence?
Once the device is received by the Customer and capable of providing Services – that is the Effective Date and the billing cycle will commence, regardless of the completion of the installation, unless by prior arrangement with Anonymous Holdings Limited.
What happens if the Customer sells the equipment with a vehicle/machine/asset?
If the Customer owns the Equipment, they may sell the Equipment to the new owner and provide them with details about Anonymous Holdings’ Services. The new owner will need to contact Anonymous Holdings to arrange continued Service, payment of fees for Services and agree to these Terms and Conditions. If the new owner does not continue the Service, the original Customer is liable to pay Anonymous Holdings the SIM termination fee.
What happens if the Customer wishes to transfer the Equipment to another vehicle/machine/asset and continue using the Service?
If the Customer wishes to transfer the Equipment to another vehicle/machine/asset and continue using the Services;
a suitably qualified installer will remove the Equipment from the original vehicle/machine/asset and re-install and re commission it in the new one nominated by the Customer, in accordance with industry standards;
the Customer must pay the installer the cost of removing and re-installing the Equipment in accordance with the current rates as at the transfer date; and
this Commercial Service Agreement will remain in force with the necessary amendments (including in respect of Fees) to take into account the requirements of the new vehicle/machine/asset.
Anonymous Holdings Limited will not be liable for the cost of any make good to the original vehicle/machine/asset occasioned by the removal of the Equipment and the Customer indemnifies Anonymous Holdings Limited in respect of same.
Does the GPS device have a warranty?
The GPS device is covered by a warranty for 12 months from the Effective Date
The warranty does not cover cosmetic damage, or any other damage or defect caused by abuse, misuse, neglect, used in violation of instructions, repaired by an unauthorized third party, or an act of God; also including altered, defaced, or removed product label. Further, consequential and incidental damages are not coverable under this warranty.
6. FEES FOR THE EQUIPMENT AND SERVICES What does the Customer pay for the supply and installation of the Equipment?
The Customer must pay the Equipment Fee prior to installation of the vehicle and fleet tracking Equipment.
The Customer must pay the Equipment Fee prior to Equipment shipping to them
When Customers are trialing Equipment for an agreed period, they must return the Equipment undamaged to Anonymous Holdings or pay the Equipment fee at the conclusion of the agreed period as per Clause 3.
What does the Customer pay for the Services?
The Customer must pay to Anonymous Holdings Limited for the Services as follows without any off-set or reduction:
The selected Service Fees (Tier 1, 2, 3, add-ons) from the Effective Date;
All goods and services tax or other similar taxes that may be payable on any category of Fees must be paid at the same time as the Fees to which the tax relates.
How and when does the Customer pay for the Service?
Customers pay for the Service through electronic ‘shopping cart’ check-out process.
SMS text messages in excess of monthly allowance will automatically be charged to the customer’s Credit Card in the next billing cycle following the month in which the Services were provided.
Are there Additional Fees?
The Customer will incur the following additional fees:
Fees for any additional services purchased by the Customer during the Agreement Term, which will be charged at Anonymous Holdings Limited’s, then current rates;
Any fees for decommissioning/moving/transferring or re-programming the Equipment for any reason.
When are the additional fees payable by the Customer?
Fees referred to in clause 6. will be payable by the Customer in the next billing cycle following the month in which the Services were provided.
What if the Customer disagrees with a fee?
If the Customer considers there is a mistake in the calculation of any Fee, it should notify Anonymous Holdings Limited as soon as possible after receiving notification of the Fee and within ten business days. Anonymous Holdings Limited will promptly investigate the matter and report to the Customer. The Customer must pay the Fee including any disputed part by the due date for payment regardless of any mistake. If there is a mistake, Anonymous Holdings Limited will adjust a later invoice or reverse the electronic transaction as the case may be.
Are the Fees fixed throughout the Agreement Term?
All Fees are subject to change at Anonymous Holdings Limited’s discretion on 30 days written notice to the Customer.
7. LIABILITY OF ANONYMOUS HOLDINGS LIMITED What are the Customers rights to compensation?
This Commercial Services agreement is subject to any provisions of statute which apply to this Commercial Services Agreement and which cannot be excluded.
To the maximum extent permitted by law, and other than as expressly set out in this Commercial Services Agreement. Anonymous Holdings Limited;
excludes all express or implied terms, conditions, warranties, representations, undertakings and inducements by statute or otherwise relating to the provision of Services to the Customer; and
excludes its liability (and that of its related Corporations) to the Customer for any loss, damage, liability, expense, cost, charge, injury or death sustained or incurred by the Customer or any other party resulting directly or indirectly out of:
the supply, performance or use of any Equipment or Services; or
any breach by Anonymous Holdings Limited under this Commercial Services Agreement including as a result of any act of God, governmental or other administration act or omission, industrial disputes, or any other matter beyond Anonymous Holdings Limited control;
Anonymous Holdings Limited’s negligence or that of its employees or contractors;
any failure or delay in any services or Emergency Services; and
subject to the proviso set out below, limits its liability, and that of its related Corporations (including liability for negligence) at Anonymous Holdings Limited’s option to:
In the case of the supply of goods;
the repair of goods;
the payment of the cost of replacing the goods or acquiring equivalent goods; or
the payment of the cost of having the goods repaired or the repair of the goods;
in the case of services
the supply of the services again: or
the payment of the cost of having the services performed again.
In no circumstances will Anonymous Holdings Limited be liable under this Commercial Service Agreement in contract, tort (Including negligence or breach of statutory duty), by statute or otherwise for loss or damage (whether direct or indirect) of profits, revenues, use, production, contracts, corruption or destruction of data or for any indirect, special or consequential loss
or damage whatsoever.
The Customer also hereby acknowledges that Connected Networks do not have guaranteed uninterrupted service availability. The Customer agrees to indemnify and hold harmless Anonymous Holdings Limited and our Telco suppliers, their subsidiaries, affiliates, directors, officers and employees, from and against any and all claims, suits, damages or expenses asserted against
or incurred directly resulting from use of the Services provided under this Agreement in a way that requires uninterrupted availability of the Connected Networks and where interruption of a Connected Network causes death, personal injury, physical injury or property damages.
8. CUSTOMER ACKNOWLEDGEMENTS
Are there any other matters the Customer should be aware of?
Under the terms of this Commercial Service Agreement, the Customer acknowledges that:
Anonymous Holdings Limited gives no guarantee against asset theft, of asset recovery or incidents occurring.
the provision of the Services and Equipment is an aid to security and vehicle fleet management and risk management.
the Commercial Service Agreement is not intended as a policy of insurance nor a substitute for an insurance policy. Nothing in this Commercial Service Agreement shall constitute Anonymous Holdings Limited as an Insurer;
the Services are provided in accordance with the expressed wishes of the Customer;
Anonymous Holdings Limited may vary these terms and conditions (including Fees) from time to time after providing 1 month’s written notice to the customer of any such change;
Anonymous Holdings Limited may engage subcontractors to provide the Services;
Anonymous Holdings Limited may record telephone conversations with the Customer, any Contact nominated by the Customer. The Customer consents to the disclosure by Anonymous Holdings Ltd of those recordings to any Emergency Service or other law enforcement body or any other Government investigatory body and the use by Anonymous Holdings Limited of those records in legal proceedings; and, if the Equipment is not decommissioned on termination of this Commercial Service Agreement, any use of the telephone services by the equipment for outgoing data, SMS texting or telephone calls will be the responsibility of the Customer, and Anonymous Holdings Limited is not responsible for any failure to provide the Services or breach of this Agreement if that failure or breach arises as a result of interference to the operation of the Equipment.
Customers must monitor their Equipment and Services received, and notify Anonymous Holdings of any faults immediately
9. GENERAL Any waiver by Anonymous Holdings Limited of any default or breach, or the non-acceptance by Anonymous Holdings Limited of any repudiation of this Commercial Service Agreement by the Customer, will not affect Anonymous Holdings Limited’s rights in respect of further or continuing default or breach or any subsequent repudiation by the Customer.
If any provision (or part of it) contained in this Commercial Service Agreement is rendered void, invalid or unenforceable in any jurisdiction, then such provision (or part of it) will be severed from this Commercial Service Agreement without affecting the validity of the provision in other jurisdictions.
This Commercial Service Agreement will be binding on the successors, substitutes, permitted assigns, executors and administrators of the parties to this Commercial Service Agreement. Where there is more than one Customer, the liability of each shall be joint and several.
The Customer may not transfer any of its rights or obligations under this Commercial Service Agreement without prior written consent of Anonymous Holdings Limited.
This Commercial Service Agreement will be governed by and construed in accordance with the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of New Zealand.
Any notice or other communication under this Commercial Service Agreement will be in writing sent or delivered to the address of the parties shown in this Commercial Service Agreement or to such other address as any party may notify in writing to the other and will
be deemed to be duly received by or served on the addressee or delivered;
in person, when delivered;
by post, seven days from the date of postage; or
by facsimile transmission, on the dispatch of the transmission.
10. PRIVACY AND COLLECTION STATEMENT Anonymous Holdings Limited respects your privacy and is committed to protecting your personal information. The Privacy Act (1993) requires us to tell you when we collect personal information and how we will use it.
We collect and use personal information (Name and Contact details) to complete business transactions with you and provide you with ongoing customer support in regard to our Services. Therefore, we have recorded your details so that we can contact you. If at any time your details change, please contact Anonymous Holdings Limited at firstname.lastname@example.org
We may also use your contact information to send you publications
(newsletters/updates). These publications will include an unsubscribe option should you wish to discontinue receiving Anonymous Holdings’ publications.
Anonymous Holdings Limited may disclose information (including GPS tracking information) include the following;
service providers (e.g. businesses to which we contract GPS equipment service, maintenance work, debt collection agencies, process servers, lawyers, telco suppliers, etc.);
government authorities under statutory obligation
What are the Customers Privacy rights?
The Customer has the right to access most personal information that Anonymous Holdings Limited holds about you. Sometimes that will not be possible but if that is the case you will be told why.
BY CREATING An Anonymous Holdings Limited; ACCOUNT, YOU AGREE TO THE TERMS AND CONDITION SET OUT IN THE COMMERCIAL SERVICES AGREEMENT; IF YOU DO NOT AGREE, YOU MUST NOT CREATE AN ACCOUNT
Updated by Anonymous Holdings Limited. November 7, 2018