Terms

Terms and Agreement of Sale of Ping GPS GPS products, and Ping GPS software hosting and provision of mobile GPRS, SMS and/or 3G Data Services (ASP Fees).

All prices quoted are subject to GST which will be added to all prices quoted in this application.

1. You agree to use the products strictly in accordance with all applicable laws including any privacy and disclosure laws.
2. You agree to use the products and software in accordance with the Ping GPS user manuals which are available online.
3. You will ensure all other persons using your online account will abide strictly in accordance with all applicable laws and use the software in accordance with the Ping GPS user manuals.
4. You will keep safe your online username and password and will not disclose it to others.
5. You will not tamper with or allow others to tamper with the Ping GPS products, GPS device installation or data Sim cards.
6. You will not remove or allow others to remove the Ping GPS data Sim card from the GPS device or use it for any purpose other than for GPS tracking through Ping GPS.
7. In return for a monthly fee, Ping GPS will provide 5MB of Data Services and internet based online software to allow you to track the GPS devices. You acknowledge that Ping GPS may charge you for any excessive surplus data usage over and above the 5MB allocation per month. The Sim card provided is the property of Ping GPS and is solely for the purpose of GPS Tracking/Fleet Management via a Tracking System provided by Ping GPS. If the Sim security sticker present on the tracking unit is found to have been tampered with or removed the customer agrees to reimburse Ping GPS for all data usage over and above the 5MB cap.
8. You must pay the Ping GPS Monthly fee regardless of whether you use the software.
9. You must pay the Ping GPS Monthly fee regardless of whether the device is tracking.
10. You must give Ping GPS 30 days or one billing period notice, whichever is greater if you wish to terminate your service (in full or in part).
11. If the device fails to track or send data, you must notify Ping GPS as soon as possible.
12. You cannot claim a refund or credit of any ASP Fees if the device has failed to track or send data, unless you notify Ping GPS in writing and Ping GPS does not rectify the problem within 5 working days.
13. You will be charged two monthly in advance for all ASP charges. Payment will start the day of sign-up via our website. It is up to you to ensure your vehicles are available for installation as soon as possible at the Approved Installer you specified during the sign-up process.
14. Upon termination, you are still liable for any outstanding amounts to Ping GPS.
15. All software and data remains the property of Ping GPS and you have rights to use the software and data when your ASP fees are paid in full.
16. You must maintain all software including antivirus and spyware on all computers using the Ping GPS Online Software system and provide a suitable internet connection of 1.5MBPS or greater.
17. You expressly acknowledge that due to circumstances often beyond the control of Ping GPS, including (but not limited to) software viruses, power failure, electrical or topological interference, equipment malfunction, tampering by unauthorised persons and the actions and omissions by suppliers of telephone services, the Ping GPS Products and ASP Software & Telecommunications Services may not operate as designed.
18. You also acknowledge that Ping GPS is not responsible for damages to the Ping GPS Products and ASP Services or their failure to perform, as a result of any defect in the vehicle or asset being tracked, or by accident, vandalism, tampering or other consequence.
19. You therefore understand and agree that Ping GPS will not be responsible for any performance, or failure, of the ASP Services and/or Ping GPS Products, and any resulting loss of business or profits or other loss or damage whether due to the circumstances envisaged above or otherwise.
20. This order is binding once issued on this Ping GPS Electronic Online Order Form. Ping GPS has the right to accept or refuse the order. If you change your mind prior to installation of the Ping GPS device/s you will be liable for a setup and configuration fee of $100 per device.
21. The prices payable for the Ping GPS Products and ASP Services are quoted on the sign-up form.
22. Where you pay for Ping GPS Products, ASP Services and or installation thereof by continuing credit card installment, you acknowledge that Ping GPS is authorised to deduct all due payments on the dates on which they are required to be made. Any dishonoured payments may incur a dishonour fee.
23. Where you make payments to Ping GPS by way of credit card installments, you must immediately notify Ping GPS of the loss or theft or expiry of the particular credit card. You must notify in writing of replacement credit card details as soon as practically possible so that continuing credit card payments are not terminated.
24. Where you wish to stop any credit card installment payments to Ping GPS (after the applicable termination notice period), you must notify Ping GPS in writing of such a decision.
25. Ping GPS warrants that the products supplied in this agreement are free from defects and defaults and fit for the purpose for which they are intended as of the date of installation.
26. This warranty continues in force for a period of 12) Twelve months from the date of installation of the products in the vehicle or asset. If an authorised installer removes and refits the products during the warranty period in a new vehicle or asset then the warranty period will continue to run and the date of installation will be the date of installation in the first Asset nominated by the customer.
27. Ping GPS will repair or replace, at its absolute discretion, any defective Ping GPS products or component parts during the warranty period at its own expense less removal, reinstallation and shipping costs back to the Ping GPS in Havelock North.
28. Ping GPS Warranty immediately becomes void if the you fail to comply with the User Manual operating instructions and information or you or any person not authorised by Ping GPS attempts to service, repair, assemble, disassemble, tamper with or remove the Ping GPS products (or components thereof) or; your vehicle or asset has been involved in an accident or materially damaged and/or the Ping GPS products have not subsequently been tested or approved by a Ping GPS authorised person.
29. The warranty offered by Ping GPS is a back to base warranty and you are liable to pay any device removal, shipping and re-installation costs.
30. Ping GPS will provide GPS Data for every 30 seconds of travel when the vehicle ignition is on. It will provide position data for whenever the ignition is switched on or off.
31. Position Data may not be real time due to factors including but not limited to mobile phone network coverage and/or GPRS coverage and latency within the Internet or Information Technology Infrastructures.
32. Ping GPS does not guarantee to report OBDII and/or DTC data where the vehicle is not compliant.
33. All accounts are due seven days from the date of invoicing. Accounts which are two months or more overdue will be suspended and a reactivation fee per device will be payable as well as the regular monthly service fee. You agree that you will be responsible for all costs and expenses for collection of seriously outstanding accounts.
34. Ping GPS utilises an online invoicing system and all invoices are sent via email. You agree that you will provide a working email address for the delivery of these invoices. You also agree to notify Ping GPS if your email address changes. It is your responsibility to ensure invoices are received and to notify Ping GPS if you believe there is a problem with the receipt of these.
35. The law of New Zealand shall apply to this agreement.
36. All prices are in New Zealand dollars.

By acknowledging this agreement with by ticking the tick box the Customer acknowledges that he or she is an authorised representative for their company and agrees with and will abide by these terms and conditions.