1. Acceptance of Subscription. The Subscriber acknowledges that a STRATRACK or INTERCEPTER tracking system has been installed in the vehicle identified in his/her subscription form (hereafter the Vehicle) and that he/she agrees to all the provisions set forth in this services subscription agreement from the moment that the said system is installed in the Vehicle. The parties agree to an initial one year (1) duration of this subscription agreement. The Civil Code of Québec and other laws applicable in Canada govern this agreement. Exclusive jurisdiction in all areas regarding this subscription agreement shall vest in the competent courts of the province of Québec sitting for and in the judicial district of Montreal. The Subscriber acknowledges that his/her system shall only be operational after he/she has provided the required information to the Activation Centre of Intercepter Tracking Systems (the Company) and when the latter shall have confirmed the activation by a written notice. The Subscriber recognize that it is his/her responsibility to contact the Company to confirm the activation if he/she has not received a written confirmation from the company.
2. Activation. The Subscriber agrees that the Company shall activate the Subscriber’s system only once she has received the full payment for the services and the Subscriber’s activation form that includes all the required information. The Subscriber agrees that the activation of the services shall be performed as soon as possible and that the duration of this period could be two (2) open business days after the date of reception of the required documents by the company.
3. Information and Payment. If the Subscriber does not pay the service fees on time, the Company may terminate such services. The Subscriber agrees to pay to the Company all amounts outstanding under this service agreement. If for any reason the Company is unable to collect the amount due from the Subscriber, the Subscriber recognizes the right of the Company to cancel his/her service, until the Subscriber pays due in full.
4. The Company is not an Insurer. The Subscriber acknowledges that the Company is not an insurer; that the protection afforded to the Subscriber hereunder is limited and is not absolute; that the amounts payable to him/her hereunder have no relationship with the value of the vehicles or their contents and such amounts are set on the basis of stipulations made hereunder in regards to damages and liability. The Subscriber holds the Company harmless for losses or damages issuing directly or indirectly from events (or the aftereffects of the latter) that the system or service are designed to detect or avert. The Subscriber agrees to hold the Company harmless for all claims resulting from such losses or damages that are not the product of a personal act (gross neglect) or of that of its representative. Neither the Company nor the wireless services provider may: i) guarantee that service will not be interrupted; ii) be held liable to the Client for any damages, loss of profits, earnings or commercial opportunities, whether indirect or collateral, indirect or special damages.
5. Due Date. The Company will send an invoice for renewal fees to the Subscriber each month if the Subscriber pays per month and each year if he the Subscriber pays per year. If the Company has not received the payment in time she will have the right to cancel the services without any written notice. If a Subscriber wishes to terminate this subscription agreement prior to the scheduled termination date or after the date of any renewal, he/she acknowledges and agrees that he will get no refund from the Company. If the Subscriber wishes to suspend or cancel the service after the 12 months initial period, the conditions will be the following; the service cannot be cancelled during a month, the cancellation can be only made on the last day of the month, so he/she will have to pay the service until the last day of the month. The service can be cancelled or suspended after the 12 months initial period. If the service has been cancelled and the Subscriber wishes to reactivate it, a technician will have to remove the device from the vehicle to install a new sim card and the fee will be of $70.00 + applicable taxes. If the subscriber wishes to suspend the service without cancelling it, he can do it for a maximum period of 6 months and a fee of $30.00 + taxes will be charged to keep the sim card active.
6. Warranty. The Company warrants that its products are free from manufacturing and workmanship defects under ordinary conditions of use and maintenance for a period of thirty six (36) months from the product date of installation. The obligation issuing from this warranty shall be limited to the factory repair or replacement of any part of the said products, which in the Company’s opinion shall proves to be defective owning to the raw material or workmanship when used under ordinary conditions during the warranty period. The Company excludes the following items from the warranty: - Any reason requiring any action by the technical service owing to an error on the part of the consumer or any other person, Repairs following damage caused by accidents, fortuitous event, improper usage, deteriorations, abuses of the system and acts of God. The warranty does not apply to any of the Company’s products that, in the Company’s opinion, have been modified, repaired, moved, deprogrammed, disconnected or transformed in any manner whatsoever without a formal consent from the Company.
7. The Vehicle’s Battery. The Subscriber acknowledges that his/her system is connected to the battery of his/her Vehicle. The Subscriber acknowledges having been informed that the vehicle battery maximum period of autonomy, without the vehicle engine being started, is ten (10) days. If the Vehicle is stored or not used for a period longer than ten (10) days, the Subscriber understands that the Vehicle’s battery shall lose its charge and that his/her system shall then become inoperative. All expenses relating to the Vehicle’s battery losing its charge shall be the exclusive responsibility of the Subscriber. The Subscriber acknowledges to be informed that if the vehicle is stored he/she has to inform the Company so she can change the programming to avoid backup battery drainage (if equipped with). The Subscriber acknowledges to be informed that if the vehicle is in storage the life of the backup battery will be reduced.