TRACKINGBD's key conditions

1. Subscriber has to provide necessary documents and information to establish subscriber’s identification, legal status and business capacity. TRACKINGBD shall have the right to examine the same.

2. TRACKINGBD shall have the right to temporary disconnect, suspend or terminate the services for giving any false information by the subscriber in any document or otherwise including on the subscription form. If there is any change in the information given earlier, Subscriber shall notify TRACKINGBD of such change, failure of which shall entitle TRACKINGBD to suspend or terminate the services

3. TRACKINGBD shall not be liable for disruption and discontinuation of its whole or in parts service due to any network for repair, maintenance or circumstances beyond its control.

4. TRACKINGBD have the right to refuse to provide or refuse to continue providing the service to any person or entity without citing any reason whatsoever.

5. TRACKINGBD can Choose the Service No. (Vehicle Number) of the subscribers and to publish or can change the service No. whenever necessary.

6. TRACKINGBD have the right to suspend or terminate the services without further notice in case of subscriber not using approved devices.

7. TRACKINGBD should have exclusive right to change/ increase/ reduce the traffic charges, validity period, package plans and any other agreed terms etc. at any time subject to official notification of such changes. No notification will require if such changes take place due to any regulatory or government imposition.

8. Subscribers shall have to pay “Shifting Charge” for shifting the connection.

9. Suspend/disable, delete/permanently deactivate/retire the service if the subscriber resells any account/service number without the consent of TRACKINGBD.

10. TRACKINGBD reserves the right to change, very, add or withdraw the service and also to change /very/ increase/ decrease the tariff, charges, prices, plans and others related to TRACKINGBD Service at any time in its sole discretion without showing any reason.

Deactivation

Subscriber shall pay agreed monthly charges to TRACKINGBD in its prescribed bill format strictly within due date. TRACKINGBD have right to deactivate the connection to the subscriber if the bill is not paid in full within due date.

Suspension and Termination of the Services

The subscriber undertakes not to use TRACKINGBD services to commit any unlawful act which might endanger national, social or economic interest or damage TRACKINGBD reputation to other subscriber. Under such circumstances, TRACKINGBD shall have the exclusive right to terminate the services of the subscriber and take appropriate legal measures. Subscriber shall indemnify TRACKINGBD if it suffers any losses, damages or has to pay any penalty due to unlawful usage of the subscriber.

Service availability and Limits

The quality, reliability and availability of service, is not guaranteed and the same is dependent on various technical, physical, topological, atmospheric, environmental, regulatory, and legal and such other factors and TRACKINGBD shall not be liable or responsible for any defect/deficiency in the same.

Payment

You pay for the services by a valid credit or debit card or cheques or mobile banking or such other method as we expressly approve. If you give us a credit or debit card number, you are authorizing us to charge it for the services and all amounts due under this agreement without further notice to you. If your credit or debit card provider refuses a charge, the services can be terminated or suspended without notice. You assume exclusive liability for any and all taxes, tariffs, fees, duties, withholding or like charges, whether domestic or foreign now imposed or hereafter becoming effective related to the services or your VTS device or its components, (other than those based on our net income) including, without limitation, all federal, provincial, state and local taxes, as well as all value-added, goods and services, stamp documentary, excise and property taxes and duties. Payments not received within 10 days of any applicable due date are past due and we, in our sole discretion. Services will be disrupted without notice after the day of non-payment. Re-activation fees may apply!

No Transfer of the Services

The services are not transferable by you, even if you are a commercial user. If you intend to transfer ownership of a vehicle in which a device is installed, you agree that you will have the device uninstalled from it or have the device and associated services deactivated/terminated by us and inform the intended transferee—prior to the transfer—of the fact your vehicle has your device and advise the transferee to contact us with any questions.

Lost or Stolen Vehicles

If your vehicle is lost or stolen, we can try to help you locate it, although we have no responsibility to do so, do not guarantee that it can or will be found, and do not guarantee the condition of your vehicle or the items that were in it should the vehicle be recovered. You may be asked to provide satisfactory identification and/or a police report. In any event, our obligation to assist you in providing commercially reasonable assistance to your efforts to locate your vehicle will end after 48 hours have elapsed from the time it was first reported to the authorities as missing or stolen. Should we provide assistance after such 48-hour period, you agree that we may do so if and when we see fit and that we will not be held liable for any acts or omissions that may arise with regard to such assistance. Regardless of the circumstance, we will be under no obligation to help you locate your vehicle for the purpose of tracking or locating a person or recovering any valuables contained in your vehicle.

Lifetime Guarantee

Any attempt to open or take apart the device or the service is closed for 6 consecutive months will void the guarantee period. The guarantee does not cover lost, damaged or stolen devices. In other cases, you can receive a replacement device through TRACKINGBD.

Equipment Policy

The main device and other necessary accessories are the property of the subscribers, TRACKINGBD is not responsible for them in case they are lost/stolen/damaged. TRACKINGBD is not responsible for fixing any service problem caused by any defects in the devices which are caused intentionally. TRACKINGBD is not responsible for repairing or maintaining the same. TRACKINGBD reserves all rights to provide Value Added Services to the subscribers at its discretion at a price to be fixed by it and to withdraw such services at its sole discretion and without any prior notice at any time. The SIM/Internet connection provided with the device is not TRACKINGBD’s responsibility in case of any loss/ damage/ misuse.

Government Law

The agreement, its validity, construction and performance is governed by applicable laws of Bangladesh.

Service Provider’s Responsibility

Responsibilities of TRACKINGBD are explicitly stated in this agreement, and TRACKINGBD takes no other responsibility.

Server Limitations

• Services are available only if you have activated your account.
• Services are available only if your vehicle ignition is on and your vehicle battery is charged and connected.
• Services are available only if you are within operating range of the designated wireless network.
• Services may be impaired by any wireless communication problems caused by atmospheric or topographical conditions, busy cells, capacity limitations, equipment problems, equipment, maintenance and other factors and conditions.
• Services may be affected by inherent limitations of your vehicle’s electrical problems and architecture or if any of the components of your vehicle’s service limitations.
• Services are not available if the GPS system is not working properly or the signals are obstructed.
• Services may be affected by the natural calamity e.g. earthquake, hurricane, floods, labor strikes, civil commotion, riots, war: or any other act or event that is beyond reasonable control of TRACKINGBD GPS.
• Services may be limited in certain situations to some geographic areas, which are otherwise generally available under GPS.
• Services are not available if analog and/or digital cellular telephone signals are used or if the wireless carrier demonstrates or restricts analog and/or digital service.
• Services will not be available if Grameenphone, Robi, Teletalk, Banglalink or Airtel network is suspended or terminated due to any unavoidable circumstances.
• If the Subscriber is unable to pay the monthly subscription bill within due date, the service will be suspended immediately and TRACKINGBD GPS will not be liable for any kind of accident/theft of the vehicle during the suspended period of service.
• Mileage report may defer from +- 10 to 15 %
• GPS Accuracy cannot be ensured 100%, this may vary based on location and environment
• TRACKINGBD cannot ensure 100% Server uptime, but we will try to ensure 99% server up time
• There might be server issues time to time while we upgrade our server or platform features
• TRACKINGBD recommend remote support for any software related after sales service
• TRACKINGBD cannot ensure 100% device online due to Mobile operator network availability
• TRACKINGBD do not recommend voice feature for your organization as there might be privacy concerns, we will not be liable for any legal obligations
• Heavy commercial vehicles do not support remote engine shutdown feature
• Remote engine shutdown feature is available for most common vehicles like Toyota Allion, Premio, Axio etc
• Mobile Application Push alert might not be 100% real time in some cases based on handset models and in most cases will be delayed upto 2-3 minutes.
• TRACKINGBD GPS do not offer sms alerts, we only offer email / push notifications alerts. But these alerts are not guaranteed 100% due to network congestion and other factors. In some cases it might be delayed up to some minutes.