(hereinafter referred to as the "Customer or Subscriber"). NAVIGATE TELEMATICS and the Customer are hereinafter referred to as "the Parties".
After the Parties have taken into account that the Customer wishes to use the subscription telematics fleet management software services of NAVIGATE TELEMATICS TELENOISIS FLEET (hereinafter the Services), they agree, agree and agree as follows:
Article 1: OBJECT OF THE CONTRACT
This sets out the terms under which the Customer acquires the right to access and use the Services for the agreed period of time indicated in the respective invoice to be issued by NAVIGATE TELEMATICS.
Article 2: CONTRACT DURATION AND SUBSCRIPTION DURATION
2.1 This Agreement shall enter into force upon signature and shall be valid indefinitely. 2.2 The duration of the subscription for the respective subscription period is mentioned in detail in the respective invoice issued.
Article 3: PRICE AND PAYMENT TERMS
3.1 The price of the present is what is mentioned in the financial offer or in the respective invoice of NAVIGATE TELEMATICS to the Customer and for the period of time referred to therein. The Services are prepaid by the customer either quarterly or for the period mentioned in the invoice. 3.2 The Customer acknowledges that his / her last account or invoice or the extract of his / her account from the NAVIGATE TELEMATICS computer center or its accounting books will be a complete proof of his / her debt to NAVIGATE TELEMATICS.
3.3 In the event that for any reason the Customer does not repay his debt within thirty (30) days from the issuance of the invoice NAVIGATE TELEMATICS is entitled: (i) to suspend the Customer's right to use its Services and (ii) to terminate the present through the fault of the Customer and (iii) in case of concession of the transceivers with a loan to terminate the loan agreement and to request the return of the transceivers (GPS) that he has used to the Customer. In all cases the Customer remains liable for all his debts to NAVIGATE TELEMATICS.
3.4 In the case of article 3.3 (ii) for the reopening of the Services the Customer will have to pay to NAVIGATE TELEMATICS the amount of fifty euros (50 Euros) per vehicle plus VAT. and go to the authorized installer to restart the Services. 3.5 It is expressly agreed that in case of increase of mobile telephony fees or imposition of any additional tax, this amount will be borne exclusively by the Customer. 3.6 In case of increase of the VAT rate. this increase will be included in the price and will be included in the corresponding invoice.
Article 4: PROCEDURE FOR CERTIFICATION OF GOOD FUNCTIONING OF SERVICES
4.1 The Customer has examined the technical specifications of the Services and the Equipment, and finds them to his perfect liking and suitable for the purpose and use intended. 4.2 The passwords in the Software are delivered by NAVIGATE TELEMATICS to the Customer before the process of Delivery, Receipt and Installation of the Equipment and the Customer is solely responsible for their proper storage. 4.3 The correct installation and operation of the Services and Equipment in the vehicle is certified by the signing of the Minutes of Delivery, Quantitative and Quality Receipt, Installation and Certification of Good Operation of Telenoisis Satellite Tracking System (hereinafter "the Minutes") signed by the Authorized its direct representative and the authorized electrician / installer of NAVIGATE TELEMATICS. 4.4. NAVIGATE TELEMATICS does not bear any responsibility for installation that has not been carried out by an authorized electrician / installer and does not guarantee the proper operation of the Services.
Article 5: LIMITATION OF LIABILITY OF NAVIGATE TELEMATICS
5.1 NAVIGATE TELEMATICS bears no responsibility in case of: 5.1.1 ascertainment, by the technical department of NAVIGATE TELEMATICS, or intervention of any third party, intentionally or negligently, in the Equipment, (eg in the GPS device, in the door sensors and temperature, SIM cards, relays, etc.), or damage, removal, breakage or total destruction of the Equipment 5.1.2 inadequate technical support, maintenance or repair or attempted technical support, maintenance or repair of the Equipment by a third party and generally by non authorized by NAVIGATE TELEMATICS technician
5.1.3 use or attempt to use the Equipment with services not provided by NAVIGATE TELEMATICS 5.1.4 change or replace the Equipment with another that does not
NAVIGATE TELEMATICS to supply the Customer 5.1.5 improper operation of the Customer's vehicle in which the Services have been installed and operate due to accident or collision with another vehicle, or occurrence of mechanical or electrical or other problem in it5.1.6 insufficient technical problem of the mobile telephony and / or data network, offered by the respective mobile telephony provider 5.2 The use of the Software is granted to the Customer "as is" 5.3 NAVIGATE TELEMATICS is not responsible for any accidental, positive or negative damage of the Customer.
5.4 The Customer acknowledges that NAVIGATE TELEMATICS bears absolutely no responsibility for damage caused to its property by accident, natural disaster, fire, water, act of war or terrorism. 5.5 Customer acknowledges that NAVIGATE TELEMATICS is not liable for third party claims against Customer arising out of the use of the Hardware and Software.
Article 6: CUSTOMER OBLIGATIONS & LOAN PERFORMANCE
6.1 The Customer is obliged to pay the contract price according to art. 3. 6.2 In the event that NAVIGATE TELEMATICS finds a third party interfering with the Equipment, the Customer loses the guarantee of good operation provided by NAVIGATE TELEMATICS. 6.3 In the event of a loan after the termination or termination of this Agreement in any way, the Customer is obliged to return to NAVIGATE TELEAMATICS the telematics (GPS) transceivers provided by the latter as a loan and which the Customer is obliged to return at his own expense to NAVIGATE TELEMATICS within twenty (20) days from the expiration or termination of this.
Article 7: CONFIDENTIALITY AND CONFIDENTIALITY
The Parties undertake to adhere to professional standards in the management and protection of the confidentiality of all information and data which they become aware of in the course of this performance even if they are not trade secrets or are specifically labeled confidential. The information, know-how, technical specifications, etc. that will be received by the Parties under the Agreement are of a confidential nature and are protected by the intellectual property provisions, and are disclosed by NAVIGATE TELEMATICS to the Customer only for the purposes of this.
Article 8: TECHNICAL SUPPORT
Technical support for software is available from NAVIGATE TELEMATICS on a 24-hour basis daily by sending an email to the technical department of NAVIGATE TELEMATICS at the email address email@example.com
Article 9: APPLICABLE LAW - TRIAL
The Parties shall make every effort to settle amicably any dispute or dispute arising out of the interpretation or performance of this. In the event that this proves impossible, any dispute in relation to this contract will be resolved exclusively by the competent Courts of Piraeus. Any delay or inability to fulfill the obligations of the parties does not constitute a breach of the Contract as long as the delay or inability is due to a case of force majeure. As long as the incident of force majeure continues, the parties are obliged to take any appropriate measures in order to limit the damages arising from this incident.
Article 10: SOLUTION - COMPLAINT
10.1. NAVIGATE TELEMATICS is entitled immediately and unilaterally to terminate this provision temporarily or to terminate it at its sole discretion, without incurring any obligation to the Customer and without being obliged to return amounts already paid in case of outstanding debt of the Customer or refusal to prepay the Services or when the Customer makes use of the used equipment for a purpose other than that intended. 10.2 The Customer may terminate this contract by writing a written notice / notification / letter to NAVIGATE TELEMATICS and the results of which occur after the lapse of three (3) calendar months or one hundred and twenty (120) days from the proven receipt / service / receipt of the notice / complaint by NAVIGATE TELEMATICS. In case of untimely information of NAVIGATE TELEMATICS, the Customer is obliged to prepay the Services and with the terms of the respective invoice of NAVIGATE TELEMATICS.
Article 11: OTHER TERMS
11.1. All terms of this Agreement are substantial and any amendment, modification or revocation thereof shall be valid only if it is drawn up in writing and signed by the Parties and is annexed to this Agreement as an essential and integral part. 11.2 The Contracting Parties have the obligation to perform faithfully and with absolute precision the terms of this contract as required by good faith and transactional manners. To the credit and confirmation of the above the Parties signed this in two (2) originals, and each Party received one.