6.3 Equipment and Utilities. You are responsible and shall bear the costs associated
with providing and maintaining Internet access and all necessary telecommunications
equipment, software and other materials necessary for accessing the Tracking Plan
Check-In service.
6.4 Consents. You shall obtain the necessary consent(s) from those Monitored Users who
are being Tracked and/or Monitored by Your use and Your Sub-Account holders’ uses
of the Device(s) and shall authorize the Tracking and/or Monitoring of such Device(s) by
Omnilink and its subcontractors. If a Monitored User is a minor, You acknowledge that
You and/or Your Sub-Account holder have lawful guardianship over such minor and You
further acknowledge that You and/or Your Sub-Account holder may lawfully Monitor
such Monitored User in the location or locations where the Device(s) is used. You agree
to indemnify and hold Omnilink its agents and subcontractors harmless from any and all
costs and expenses regarding any claim(s) arising from the unauthorized Tracking and/or
Monitoring of the Device(s) by you or your Sub-Account holders.
6.5 Credit. You shall cooperate with the timely completion of the credit application
provided by Omnilink for purposes of establishing a credit limit for outstanding invoices.
You agree to notify Omnilink of any changes in credit status during the course of this
Agreement and may request a review of the credit limit at any time. You understand
that a credit limit may be established by Omnilink prior to shipment of Devices and/or
initiation of Services.
7. FEES AND INvOICES
7.1 Fees. You shall pay to Omnilink all of the fees (collectively, the “Fees”) based on your
selection in Omnilink’s e-commerce shopping cart. Omnilink’s Fees are as set forth at
www.aetrex.com/gps (or such other website as may be designated by Omnilink from time
to time). Except as otherwise provided in this Agreement, Fees are non-refundable.
7.2 Invoicing. You must provide Omnilink with a valid credit card number as a condition
to signing up for the Tracking Plan Check-In Service. You agree to pay all Fees and
charges to your account in accordance with the Fees, charges, and billing terms in effect
at the time a Fee or charge is due and payable. Fees will be based on your service plan
and the number of Devices you order. Fees are nonrefundable whether or not Services
are actively used. Transactions that exceed the number of transactions included in your
service plan shall result in overage fees due at the same time the next payment is due.
7.3 Billing Cycle and Billing Dates. Full payment is required before the Tracking Plan
Check-In service is provided, including any payments for activation and renewal of
Services. You must provide current, complete, and accurate information for your billing
account. You must promptly update all information to keep your billing information
current, complete, and accurate (such as a change in billing address, credit card number,
or credit card expiration date), and you must promptly notify Omnilink if your credit card
is canceled (for example, for loss or theft).
7.4 Your billing cycle is a thirty (30) calendar day period beginning with the date you
activate service. Your first Billing Date will be thirty (30) calendar days after your account
is activated, and each subsequent Billing Date will be thirty (30) calendar days after the
last.
7.5 Late Payment Fees. Any payment not received by Omnilink by the due date shall
accrue interest at a rate equal to the lower of (i) 1.5% of the outstanding balance per
month, or (ii) the maximum rate permitted by applicable law, from the date such payment
is due until the date paid. You shall also pay all sums incurred (including reasonable legal
fees) in collecting overdue payments.
7.5 Additional Fees. If any sales tax, use tax, excise tax, import duty, export duty, or
other similar tax or duty is imposed as a result of any transaction contemplated by this
Agreement, You shall either bear such tax or duty by a direct payment to the taxing
authority or shall reimburse Omnilink for such tax or duty paid by Omnilink. If You wish
to claim exemption from any sales taxes being imposed on the fees invoiced hereunder,
it is your obligation to provide Omnilink with the applicable valid sales tax exemption
certificate(s) in a timely manner. You shall provide Omnilink with all applicable tax forms
and certificates necessary to recuperate taxes paid on the fees.
7.6 Suspension of Services. If You have not paid all applicable Fees at the time Services
or Devices are ordered, Omnilink may provide you with written notice of such breach. If
you do not pay all outstanding Fees within 15 days, Omnilink may suspend Your and your
Sub-Account holders’ access to the Services until all Fees are paid in full. The exercise
of such right shall not be deemed to waive Omnilink’s right to terminate this Agreement
based upon such breach. If Omnilink learns: 1) that the Services or Devices are being
used by anyone without authorization; 2) that the Services or Devices are being used for
any unauthorized purpose; or, 3) that use of the Services or Devices violates applicable
law, Omnilink may temporarily suspend or terminate your access to the Services.
7.7 Changes in Fees. Omnilink may, in its sole discretion, change prices, terms and
conditions (i) with not less than 30 days written notice to You if such changes are material
and (ii) immediately, in the event of a change to Omnilink’s cost of delivery of Services as
a result of a change in any applicable law, regulation, or similar governmental action.
8. DEvICES AND SHIPMENT
8.1 Carrier. Omnilink shall select the method of shipment for any Devices and the
carrier for such Devices, consistent with the nature of the Devices and the hazards of
transportation, upon receiving a purchase order.
8.2 Delivery Address. Omnilink, or one of its agents, vendors or subcontractors, shall
ship Devices to the address you specify on the purchase order. If You fail to specify a
destination for delivery, Omnilink shall deliver the Devices to the address listed in this
Agreement.
8.3 Standard Shipping. Unless you otherwise request, Omnilink will ship all Devices
via ground delivery. Omnilink will invoice You the actual cost of shipment, handling and
shipping insurance.
9. WARRANTIES
9.1 Tracking Plan Check-In Services. Omnilink warrants that Tracking Plan Check-
In services will operate in substantial conformity with the applicable documentation
provided by Omnilink. For any breach of this warranty, your sole and exclusive remedy
and Omnilink’s sole and exclusive liability, shall be for Omnilink to correct any reported
failure in the Tracking Plan Check-In services and, if applicable, the Monitoring Center
Services causing a breach of this warranty.
9.2 Manufacturer’s Warranty and Limitations. To the extent Omnilink has the right to do
so, Omnilink shall pass through to You such warranties as are provided to Omnilink for
any Devices You purchase pursuant to this Agreement.
9.3 No Other Warranties. ExCEPT AS ExPRESSLY SET FORTh IN SECTION 9.1 AND
9.2, OMNILINk MAkES NO OThER WARRANTIES AND DISCLAIMS ALL WARRANTIES,
WhEThER ExPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
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SECTION 6
SECTION 6
