Our services are offered based on this contract. (your own contract will be available for download from Client Area, after your purchase)
1. OBJECT OF THE CONTRACT
1.1. Parties: SC COMPUTER FORCE SRL from TIMISOARA, Romania, City Business Center, Corp B, Ground floor, Timișoara, Romania, RC nr. J35/1824/1994, EU VAT: RO 5833419, named hereafter: SUPPLIER, and you, the client, named hereafter BENEFICIARY.
1.2. The object of the contract is the delivery of GPS devices, and give access to the software platform that allows tracking on the map and reporting of events for the boats equiped with the GPS devices purchased, based on a prepaid monthly fee.
2. VALUE AND DURATION OF THE CONTRACT
2.1. GPS location service subscription with SIM costs and all reports included: ___ euro monthly (+ VAT if you are a private individual or your company does not have a valid EU VAT number)
2.2. Subscription services include: location on map, access to all available system reports, SIM card. Coverage: entire Europe+ Turkey.
2.3. The subscription includes receiving, storing and displaying on a map the data transmitted by the GPS equipment installed on the boat. Positions are transmitted at preset intervals..
2.4. Detailed reports are available for each individual boat where it is possible to determine, at any time, the routes traveled.
2.5. The service coverage: entire Europe + Turkey.
2.6. Duration of contract: One billing cycle. When you order our devices, you have to select a biling cycle for the service.
3. PAYMENT METHODS
3.1. Subscriptions are paid in euros, in advance, for a minimum of one month, based on the proforma invoice issued by the supplier at the time of purchase.
3.2. The supplier will issue the tax invoice after receiving full payment of the proforma invoice.
4. BENEFICIARY OBLIGATIONS
4.1. To pay the equipment and subscriptions at the payment deadline established under this contract and any additional documents.
4.2. To not disclose any access data of system or GPS equipment to any third party.
4.4. The Beneficiary has no claims of a financial nature on any possible consequences of the inappropriate or malicious use of the above services by a person who has received from the Beneficiary their login information and which may attract claims for damages from third parties or the Beneficiary.
4.5. Installation of the GPS trackers falls under the responsibility of the Beneficiary, and will be done in accordance with the installation instructions provided by the supplier.
4.6. The Beneficiary will not change the operating parameters of the GPS devices, will not remove or use the communication card from the device for any other purpose.
5. SUPPLIER’S OBLIGATIONS
5.1. The supplier undertakes to keep the value of the subscription valid at the date of purchase for a minimum period of 2 years.
5.2. The supplier undertakes to keep confidential all data provided by the Beneficiary.
5.3 Access through the software platform to the data obtained as a result of installing the GPS systems on the Beneficiary’s boats is done via internet through SSL encrypted connection, access is protected by username/password, and the data is stored encrypted.
5.4. The supplier will keep the database of the information on the routes traveled by boats for a period of 5 years.
5.5. Supplier will remove the recipient’s information from the database upon a written request sent to the supplier in original, in accordance with our Confidentiality terms
5.6. The Supplier undertakes to provide technical support to the Beneficiary within maximum 2 working days of any request made through the Support system available from the customer account.
6.1. Any delay in the terms of the contract, both to the Beneficiary and to the Supplier, and not due to force majeure cases, shall be subject to penalties of 0.2% per day of delay applied to the outstanding amount. If payment is delayed for more than 30 days then the Supplier has the right to cease the provision of the service without prior notice or obtaining a court order.
6.2. If the Beneficiary removes the SIM card from the device and uses it for other purposes, the account will be deactivated and the Beneficiary will pay a penalty of 50 euros/SIM/month plus any additional costs incurred.
7.1. GPS tracking devices carry a 24 months warranty from the date of purchase.
7.2. In order to repair/replace defective GPS units under warranty, the beneficiary will send the defective equipment to the supplier, only after Supplier have concluded that the device have to be returned and have provided a RMA number and instructions.
8. FORCE MAJEURE
8.1. Force majeure as defined by the Romanian law system exonerates the party that invokes it under the law.
8.2. The party invoking force majeure will notify the other party in writing within 15 days of the occurrence of force majeure.
9.1. Any disputes or disputes of any kind which may arise in connection with this Agreement and which can not be settled amicably between the Contracting Parties shall be settled by the competent court of the Supplier’s premises. The Parties reserve the right to request the issuance of the Payment Ordinance in accordance with the provisions of GEO no. 119/2007.
10. FINAL PROVISIONS
10.1. Any amendments to this Agreement are valid and enforceable between the Contracting Parties only if they are contained in a written document dated and signed by both parties.
10.2. The Beneficiary shall not seek compensation from the Supplier for any damages caused by actions beyond the control limits and responsibilities assumed by the Supplier under this Agreement.
10.3. The supplier can not be held responsible for the failure of the tracking system due to inappropriate use of the equipment or due to the decisions of the legislative or governmental authorities regarding the subject matter of the contract.
10.4. In the event of interruptions of terrestrial or satellite communications lines, interruptions of GSM radio signals, lack of GPS or GSM signal, etc., regardless of the cause, the tracking system may not work. In these cases, the Supplier can not be held responsible and undertakes to make all necessary efforts with the service providers to remove the unexpected situations mentioned above.
10.5. The contract shall terminate if the parties so agree or one of the parties so requests in writing 30 days in advance and subject to all other clauses in the contract.
10.6. The Beneficiary agrees to receive the invoices by e-mail. The confirmation of receipt will also be made by e-mail. The Beneficiary declares and accepts that the proforma invoice issued by the Supplier and any copies or extracts preserved by the Suplier in electronic format for which a receipt was received, including electronically, constitutes the total and immediate proof of the Beneficiary’s unpaid invoice / debt to the Supplier.
10.7. The invoices circulate without signature and stamp according to Article 155 (6) Law 571/2003 on the Romanian Fiscal Code, with subsequent amendments and completions.
10.8. Use of the service is via the WEB platform available on TrackMyYacht.com website.
Privacy terms are detailed here: https://eufleet.com/privacy/ and are part of these terms.