Our Standard Life Tracker without a magnetic case.
Our Standard Life Tracker has been a workhorse of the tracking industry for many years. It’s relatively small, and has an estimated battery life of 8-20 days of continuous operation depending on reporting frequency, activity, and environmental factors.
Standard Life Tracker (Unit Only) Includes One Year of Tracking Service
SALES & SERVICES AGREEMENT
Each of BCT and CUSTOMER may be referred to in this Agreement individually as a “Party” and collectively as the “Parties”.
WHEREAS, BCT operates a private investigations service, sells tracking devices, and provides computer software to facilitate the use of the tracking systems;
WHEREAS, CUSTOMER wishes to utilize BCT’s tracking devices and services;
IN CONSIDERATION OF the mutual representations, warranties, and promises contained herein, the Parties agree asfollows:
1. Contract Type. CUSTOMER shall be locked into a one-year prepaid contract, which shall convert into a month-to-month plan upon expiration of the one year plan. All details of each plan are laid out below and all choices are subject to the provisions of this Agreement, unless otherwise noted throughout.
A. Initial One-Year Plan. CUSTOMER shall pay for one (1) year of service with BCT, beginning on the date services are purchased and ending at midnight 364 days later (“Termination Date”), unless terminated early per the terms of this Agreement.
i) CUSTOMER shall pay BCT the total amount agreed upon between the Parties at the time of execution of this Agreement, for services from BCT;
ii) CUSTOMER shall purchase a tracking device from BCT prior to services beginning;
a) The cost of the tracking device shall be determined by BCT at the time of execution of this Agreement based on tracking device selected and
device market value at the time;
iii) BCT shall provide CUSTOMER with a tracking device at the time of execution of this Agreement; and
iv) BCT shall provide a total of twelve (12) months of tracking services utilizing the computer software.
B. Continuing Month-to-Month Plan. CUSTOMER shall prepay for service from BCT on a month-to-month basis at the time in which the Initial One-Year Plan expires, if CUSTOMER wishes to continue services after the initial contract term.
i) CUSTOMER shall prepay BCT for services each month at BCT’s rate at the time the month-to-month contract begins;
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ii) CUSTOMER shall retain usage of the tracking device provided by BCT at the execution of this Agreement, unless CUSTOMER purchases a new device or the device is defective, as per this Agreement;
iii) BCT shall provide tracking services utilizing the computer software for months in which CUSTOMER prepays for such service.
2. Payments.
A. Due Dates. CUSTOMER shall pay unto BCT any amounts owed by the first (1st) day of each month prior of service. All payments shall be prepayments.
B. Late Payments. Any payments received after the fifth (5th) day of a month shall be considered late payments and subject to a late payment fee of ($5). If payment, including any accrued late payment fees, are not paid by the tenth (10th) day of the month, BCT shall have the ability to cease tracking services until payment is received.
3. Services. BCT agrees to provide professional tracking services utilizing the computer software throughout the duration of this Agreement or on a month-to-month basis according to the selection by the Parties above.
4. Licensure. BCT represents and warrants that BCT possesses all necessary licensures, certifications, and permits required by law to sell, distribute, install, and track the tracking devices. BCT possesses the necessary skill to utilize the computer software necessary for the purposes of this Agreement.
5. Representations of CUSTOMER. CUSTOMER represents and warrants that, except as previously disclosed in writing to BCT, the following are true with respect to each CUSTOMER (if applicable):
A. CUSTOMER has the means to purchase the tracking device and maintain monthly payments, if applicable, pursuant to the selection made by both Parties above;
B. CUSTOMER will utilize the tracking device, and accompanying services from BCT, in a legal manner and shall not use the device to facilitate any criminal activity; and
C. CUSTOMER shall follow all rules, laws, regulations, ordinances, and statutes regulating the use of tracking devices.
6. Confidentiality. Neither Party shall disclose matters related to this Agreement without the expressed written consent of the other Party, unless required to disclose such information by statute, regulation, or court order.
A. Proprietary Information. During the term of this Agreement, each Party
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may receive intentionally or unintentionally certain proprietary and confidential information not otherwise a part of public domain through no fault of that Party, the disclosure of which would be extremely detrimental to the business affairs of the other (“Proprietary Information”).
i) Each Party, and its employees, agents, or representatives, shall keep the Proprietary Information of the other in the strictest confidence;
ii) Neither Party, nor its employees, agents, or representatives, shall duplicate the Proprietary Information of the other, in whole or in part;
iii) Neither Party, nor its employees, agents, or representatives, shall directly or indirectly divulge, disclose, reveal, report or transfer such Proprietary
Information without the prior written consent of the other.
B. Disclosure from BCT. BCT maintains the right to disclose confidential information, identifying information, or any other information BCT see fits if, within its discretion, BCT believes CUSTOMER is utilizing the tracking device to violate the law, to prepare to violate the law, or to infringe on the rights of any third party.
C. Survival. This Section 6 shall survive the termination of this Agreement.
7. Indemnification. CUSTOMER shall indemnify and defend BCT, its employees, officers, agents and representatives, from and against any claims, actions, demands, judgments or liabilities, fines, penalties, and expenses, including attorneys’ fees and expenses resulting from, or alleged to result from, CUSTOMER’S breach of warranty, breach of the Agreement, misrepresentation or false certification, fraud, or failure to exercise due care in providing services under this Agreement.
8. Lost or Stolen Devices. Due to the nature of the tracking devices, lost devices are rare and stolen devices can be recovered; however, if a device is lost due to Customer’s actions in allowing the battery to drain, BCT is not responsible for replacing said device. If this occurs and Customer is participating in a two-year contract plan, Customer shall pay BCT one hundred seventy-five dollars ($175) as an early termination fee.
9. Damaged Devices. If a device becomes damaged, CUSTOMER is responsible for contacting the manufacturer about any warranty available for the device.
10. CUSTOMER Refunds. CUSTOMER will not be eligible for a refund from BCT unless one of the following circumstances exists:
A. The tracking device’s battery is defective, will not hold a charge, and is ineligible for replacement or repair through the manufacturer’s warranty; or
B. The tracking device will not communicate with the computer software, thus the
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purposes of this Agreement cannot be achieved.
11. Termination.
A. Termination by CUSTOMER. CUSTOMER may terminate this Agreement, for any reason, by providing thirty (30) days’ notice to BCT. Customer shall contact BCT using information on BCT’s website and provide notice using the method chosen by BCT at that time.
i) Early Termination Fee.
a) If CUSTOMER is participating in a two-year contract plan with BCT, CUSTOMER must pay BCT a one hundred seventy-five dollar ($175)
early termination fee.
b) If CUSTOMER is participating in a one-year prepaid plan and CUSTOMER terminates the plan early, CUSTOMER is not entitled to a refund of any
fees paid to BCT at the time this Agreement was executed.
B. Termination by BCT. BCT may terminate this Agreement immediately in any of the following circumstances:
i) CUSTOMER dies;
ii) At the determination of BCT, Customer utilizes the tracking device to violate the law, whether Customer is charged with such violation or not;
iii) CUSTOMER commits an act or behavior that gravely violates the sentiment or accepted standard of the community (a “Crime of Moral Turpitude”), which includes, but is not limited to, murder, voluntary manslaughter, felony hit and run, spousal abuse, child abuse, drug crimes, cruelty to animals, kidnapping, fraud, theft, or robbery;
iv) BCT becomes aware that any representations or warranties made by CUSTOMER in Section 5 above are false;
v) BCT becomes aware that CUSTOMER disclosed Proprietary Information without BCT’S written consent as mandated by Section 6 above; or
vi) BCT must, for reasons beyond its control, must file for bankruptcy, is adjudicated bankrupt, is no longer able to continue operation of its business for any length of time, or closes its doors.
12. Governing Law. The Parties hereby agree that this Agreement shall be governed by, and constructed and enforced, in accordance with the laws of the State of North Carolina, without reference to rules governing choices of law. Any disputes brought in
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a court of law regarding this Agreement shall be brought in Cabarrus County, in the State of North Carolina, if such court is a court of competent jurisdiction. If the Cabarrus County court is inappropriate, such dispute may be brought in any local, state, or federal court of competent jurisdiction.
13. Dispute Resolution. Any dispute arising from this Agreement shall be resolved through mediation, which shall take place in Cabarrus County, in the State of North Carolina. The location shall be at the sole discretion of BCT. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association. In any instance where the intervention of a court is necessary, the dispute shall be decided by the court in Cabarrus County, NC, or any local, state, or federal court of competent jurisdiction.
14. Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the remainder of the Agreement will be valid and enforceable and the Parties will negotiate in good faith a substitute, valid, and enforceable provision which most nearly puts into effect the intent of the Parties.
15. Assignment. The Agreement may not be assigned or otherwise transferred by CUSTOMER without the express, prior, and written consent of BCT.
16. Modification. This Agreement may not be altered, modified, or amended in any way except in writing signed by both Parties.
17. Waiver. The failure of a Party to enforce any provision of the Agreement will not be construed to be a waiver of the right of such party to thereafter enforce that provision or any other provision or right.
18. Entire Agreement. This Agreement represents and constitutes the entire agreement between the Parties, and supersedes and merges all prior negotiations, agreements, and understandings, oral or written, with respect to any and all matters between the Parties. Any outside agreements made by the Parties that are incorporated into this Agreement, as stated by the terms of this Agreement, shall be upheld as being part of this Agreement when executed by the Parties.
19. Force Majeure. Any Party shall not be held liable if the Party is prevented from executing their obligations under this Agreement, in whole or in part, due to a Force Majeure where the Party has given notice, as per this Agreement, of the circumstances to the other Party and taken any and all appropriate action to mitigate that event. A Force Majeure includes, but is not limited to, earthquake, typhoon, flood, fire, war, pandemic, and any other act of God or any other unforeseen and uncontrollable event.
20. Captions and Headings. The headings, titles, and captions in this Agreement are inserted for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement or any provision of it.
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