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Home > Amerizon NWF Service Agreement
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Terms and Conditions
1. Service and Charges. Amerizon GPS will provide to Customer the Services chosen on the first page of the Agreement,
and Customer agrees to pay the Service Charges on page one of the Agreement, plus applicable taxes. Amerizon GPS
may increase the Service Charges at any time after the expiration of the Initial Service Term, defined below, upon thirty (30)
days advance written notice to Customer.
2. Service Term. Unless otherwise terminated by Amerizon GPS, the Services shall be provided for a period of twelve (12)
months, beginning on the start date indicated on the front of the Agreement, the Initial Service Term (“Service Begins”).
Upon termination in the first twelve months, Customer shall pay any accrued charges up to and through the end of the
calendar month of the twelve month anniversary of the Agreement or $100.00 per unit, whichever is the lesser of the two
early termination fees. This Agreement shall automatically renew for additional thirty (30) day periods (‘Service Terms”) until
one party provides the other with thirty (30) days advance written notice to terminate the Agreement. Upon termination,
Customer shall pay any accrued charges up to and through the end of the calendar month of termination.
3. Subscriber Equipment. Customer agrees to provide any and all Subscriber Equipment at its own cost to be used under the
terms of this Agreement.
4. Description of Services. (a) NETWORK FLEET Services shall include access to Amerizon GPS’ Network Fleet internet
portal and software designated by Amerizon GPS for use by Customer for Network Fleet Access, (b) Activation Services:
Activation Service shall be performed and billed by Amerizon GPS.
5. Time and Materials Maintenance Service. Customer agrees that Amerizon GPS or its authorized representative shall
provide services at its then current, per visit maintenance and installation rate and Customer agrees to pay for same.
6. Billing and Payment. (a) Service Charges are billed in advance in accordance with the terms on page one of the
Agreement. Customer payment of bills submitted by Amerizon GPS constitutes receipt of designated equipment,
services and related charges. Payments are delinquent thirty (30) days after the due date stated in the invoice. A late
payment charge of the lessor of 1.5% per month, or the maximum interest rate permitted by law, may be applied to
Customer’s account if invoices are not paid by the due date and attorney fees incurred in collecting the account. Customer
understands that in the event of nonpayment of Service Charges, in addition to any other remedies Amerizon GPS may
have Amerizon GPS, Amerizon GPS may disconnect the NETWORK FLEET Services or discontinue Services to
Customer until payment in full is made. If Amerizon GPS disconnects the NETWORK FLEET Services, Customer shall be
liable to pay for a reconnect charge of twenty-five dollars ($25.00) per Subscriber Equipment unit. Checks returned for non sufficient
funds are subject to a twenty-five ($25.00) processing fee. If Customer shall default in any payment hereunder
when due, or otherwise shall default in the performance of any of the terms herein, and such default shall continue uncured
for ten (10) days, Amerizon GPS may, at its option, terminate this Agreement and/or the Services hereunder, to which
case all Service Charges then accrued and any other charges incurred through the end of the Initial or additional Service
Terms shall immediately be due and payable in full.
7. Limitation and Condition of Liability; Indemnity. Service may be temporarily interrupted, delayed or otherwise limited
due to: 1) transmission limitations caused by atmospheric and other conditions, 2) the availability of internet and/or satellite
coverage/access, 3) system capacity limitations, 4) equipment modifications, upgrades, relocations, failures, interference,
repairs and/or similar activities, 5) negligence of Amerizon GPS, 6) Customer’s negligence or willful acts, and 7) acts of
God, fire riots, government authorities or other causes beyond the control of Amerizon GPS. Amerizon GPS
therefore assumes no duty to provide uninterrupted service to Customer. Mobile radios are intended to be permanently
affixed inside Customer’s vehicles. Customers using demonstration mobile radios that are not installed in their vehicles
should take proper precautions to ensure that such loose equipment is safely secured within their vehicles. Amerizon
GPS therefore assumes no liability for injuries, losses or damages resulting from the use or misuse of mobile radios and
all other equipment provided hereunder. Customer hereby agrees that the liability of Amerizon GPS, if any, for
interruptions, delays, and failures in transmission of service (“Service Problems”) and any losses, injuries or damages,
whether causes by the negligence of Amerizon Wireless or otherwise, is hereby limited to the allowance of a credit which
shall be limited to the time the NETWORK FLEET Services are not provided, except that no credit shall be given for a Service
Problem of less that Seven (7) days duration. No credit shall exceed the Service Charges billed for the period during which
the Service Problem occurred.
8. Deposits. Amerizon GPS may require Customer to make suitable deposit to be held by Amerizon GPS. Upon
termination of the Services, Amerizon GPS may apply the deposit against any outstanding Service Charges of
Customer. At the end of the Initial Service Term, at Customer’s request, Amerizon GPS will return the security deposit,
without interest, if Customer’s account is current and all prior Service Charges have been paid when due.
9. Warranty. Amerizon GPS makes no warranties, express or implied, including, without limitation, any implied warranty of
merchantability or fitness for a particular purpose, to Customer in connection with its use of the Services. In no event shall
Amerizon GPS be liable for incidental or consequential damages to the full extent the same may be disclaimed by law.
10. Termination of Services. Services may be denied or discontinued without notice in the event that; 1) Services are used in
such a manner that will adversely affect other customers or are otherwise in violation of any FCC rules or regulations, 2)
Services are not available from Amerizon GPS or its successor, 3) Customer violates any covenant of this Agreement, or
4) Customer does not pay its Service Charges when due. Upon termination in the event Customer fails to pay all the
amounts due, Amerizon GPS is authorized to take any legal action to recover the outstanding Service Charges. Such
action may include, but shall not be limited to, debiting Customer’s credit card account, as specified on the Agreement, for
the outstanding Service Charges without further notice or approval of Customer.
11. Customers Representations. Customer hereby warrants and represents to Amerizon GPS that it is authorized and has
the power to enter into this Agreement. Customer shall comply with all laws, ordinances, statutes, rules, regulations, and
lawful orders of any local, federal or state public authority or agency.
12. Complete Agreements/Severability/Waiver. This Agreement sets forth all of the agreements between the parties
concerning the Services, and there are no oral or written agreements between them other than as set forth in this
Agreement. Should any provision of this Agreement be illegal or in contravention of law, such provision shall be considered
null and void, but the remainder of this Agreement will not be affected. The failure of Amerizon GPS to require the
performance by Customer of provision of this Agreement shall not constitute a waiver and shall not affect the right to require
such performance at any later time.
13. Assignment/Survival of Rights. This Agreement may be freely assigned by Amerizon GPS to any successor of it or
any other firm or entity capable of performing its obligations hereunder. This Agreement may not be assigned by Customer.
14. Notice. Any notice or demand required or permitted to be given or made hereunder by Amerizon GPS or Customer shall
be made in writing by facsimile transmission or mail at the addresses on page one of this Agreement. Either party may
designate any other facsimile number or address for this purpose by written notice to the other party.
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