1. Definitions 'End User' refers to the owner of a Boatrax Device. 'Service Provider' is Boatrax Inc. 'Communications Provider' is any provider of satellite or cellular communications capability to a Boatrax Device. 'Distributor' is any representative of Service Provider authorized by Service Provider to distribute Boatrax Devices. 'Service' means the communication and access to infrastructure and telecommunication systems needed to alert the End User of an occurrence onboard detected by the installed Boatrax Device. 'Network' means the public telecommunications system by which the Boatrax Service is made available. 'Service Agreement' means the contract between the Service Provider, Boatrax, and the End User. 'Minimum Contract Period' means the period during which the End User has agreed to use, and pay for the service. 'Service Charge' means the payments the End User pays for the Service during the Contract Period. 'Boatrax System Server' means the servers and other hardware and infrastructure needed in order to provide the Service. ‘Boatrax Device’ is any and all hardware that is sold by or distributed through Boatrax Inc, including the Boatrax Box and all accessory sensors and antennae that are paired or otherwise used with the Boatrax base unit. ‘Early Termination Fee’ is the fee of $150.00 that will be charged to the End User via the Service Provider if or when the End User terminates their Service Agreement with the Service Provider prior to the assigned date. ‘Action Plan’ is a pre-determined plan of events to be acted on when or if any major event occurs onboard triggering a notice via the Boatrax Device. In order to use the Boatrax System there must be a current Service Agreement between the End User and the Service Provider. The Service Agreement has a minimum Contract Period during which the End User is obligated to pay the Service Charge. The Service Agreement may be entered into online during the purchase of any Boatrax Plan, online during the installation of the Boatrax Device or online or in person using any method approved by the Service Provider or a Distributor. The Service Agreement incorporates and includes by reference the current Terms & Conditions for the Boatrax Device.
2. Scope of Service: The service includes cellular communication between the Boatrax Device and the Boatrax System Server, 100 text messages (SMS) communication between Boatrax Server and the end user's mobile phone, E-mail communication and push notifications between the Boatrax Server and the End User, as well as access to the Boatrax Web Portal through the Internet, and mobile apps. The Service also includes access to Support during the Contract Period, free software upgrades, as well as the right to use any software included in the Service.
3. Service Availability: The cellular service is available domestically within the U.S.A. All messages captured outside of coverage area will be synchronized with Boatrax Server when communications are reestablished. All cellular communication between Boatrax Device and the Boatrax System Server is included in the Service Charge. The End User hereby acknowledges that the availability of the Service may be affected by factors outside the Service Provider's control such as, but not limited to, physical obstructions, availability of Internet connections, routing of data over the Internet, atmospheric conditions and other causes of radio interference and by faults in other telecommunication networks and systems to which the Network is connected. The End User further acknowledges that the provision of Service to End User relies on the proper functioning of Service Provider’s own equipment, as well as the proper functioning of telecommunications equipment not under Service Provider’s control. Specifically, End User acknowledges that:
Accordingly, End User agrees that Service Provider’s obligations to provide Service to End User is subject to each of the following:
4. Contract Period: Each Service Agreement has a defined Contract Period, which commences on the date the first Billing Cycle starts.
5. Use of the Built-in SIM Card: The Boatrax Device has a built-in SIM card, the title to which belongs to the Service Provider and not the End User. The Service Provider reserves the right to cancel the Service and permanently terminate the SIM card if:
If the service is cancelled the Boatrax System may be sent to Service Provider or Distributor for a replacement SIM card. A minimum service fee of US$ 100.00 will be charged for each SIM replacement. In the event the Boatrax Device and/or its internal SIM card are lost or stolen, the End User shall immediately notify the Service Provider. Until such notification has been received by the Service Provider the End User is liable for any and all charges incurred by the use of the Boatrax Device and/or the SIM card.
6. Service Charges: The End User is required to pay the Service Charge promptly during the Contract Period or for as long as the Service Agreement is in effect. The Service Charge is automatically billed to the End User’s credit card on the monthly or yearly anniversary of the Service Agreement throughout the Contract Period (the “Billing Cycle”). The End User is required to maintain and enter valid credit card information through the Service Provider’s web portal, a Distributor’s web portal approved by the Service Provider, or such other method approved by the Service Provider, and the Service Charge will be billed and charged to such credit card each month or year. Upon the End User’s failure to pay the Service Charge when due, the Service Provider reserves the right to limit or terminate the End User’s use of the Service and/or to terminate the Service Agreement, and the End User shall remain liable to pay the Early Termination Fee. The Service Provider further reserves the right to adjust prices, terms, and conditions when factors outside Service Provider’s control require such adjustment, as determined by the Service Provider in its sole discretion, including adjustments to the prices, terms and conditions required by a Communications Provider. The Service Provider shall provide to the End User a minimum of one (1) months’ notice before any such adjustments take effect.
7. Early Termination: The Boatrax Service Agreement may be terminated before the expiration date of the Contract Period, upon payment to Service Provider of an early termination fee of US$150.00 (the “Early Termination Fee”). The End User agrees that in case of termination of service after the 60-day money back guarantee, The End User will return the Boatrax Device in working condition according to the warranty terms, pay the Early Termination Fee and shipping. In the event of not returning the device The End User agrees to pay $700 for the Boatrax Device. For more detailed information check our Cancellation Policy page.
8. Automatic Continuation of Service Contract: After the initial Contract Period has ended, the End User may continue to use the Service until the End User terminates the Service Agreement in the manner described below or until the End User ceases to pay the Monthly or Annual Service Charge. After the expiration of the initial Contract Period, the End User has the right to terminate the Service Agreement by giving notice, in writing, to the Service Provider, in the manner set forth below. The Monthly Service Charge (or a pro rata portion of the Annual Service Charge) will continue to be due from the End User for one (1) full month following date that the termination notice is given to the Service Provider.
9. Termination of Contract: After the Contract Period has expired, the Service Agreement may be terminated by the End User by giving notice, in writing, to the Service Provider, by U.S. mail, or email as follows:
1901 Brickell Ave,B201
Miami, FL 33129 U.S.A.
Such termination of the Service Contract will become effective one (1) month after the first day of the month immediately following the date that such written notice has been received by the Service Provider. A confirmation of Termination will be sent by the Service Provider to the End User.
11. Liabilities: Neither the Service Provider nor any Communications Provider is liable for any goods stolen or damages incurred as a result of the Service not being available. The End User recognizes that factors outside the Service Provider’s and the Communication Provider’s control may affect the quality of the Service. Furthermore it is the responsibility of the End User to act on notifications sent by the Boatrax Device and for maintaining an up-to-date Action Plan online so that alarms and warnings can be sent to the right person(s). It is also the End User's full responsibility to inform any person(s) entered in the Action Plan of the desired action, should an alarm or warning be received. The Service Provider takes no responsibility for any data stored on the Boatrax System Servers by the End User that may be offensive, incorrect or fraudulent. The End User acknowledges and agrees that its sole remedy for damages due to any failure, disruption or degradation in Service shall be limited to the charges imposed for the affected Service for the period such failure, disruption or degradation occurred. The End User hereby waives any right to make a claim against Service Provider or any Communications Provider for losses, damages, liabilities, judgments, fines, amounts paid in settlement, expenses and costs of defense sustained by reason of any unavailability, delay, faultiness or failure of the Service or the Boatrax Device (including any cellular capabilities of the Boatrax or any antennae or other accessories provided by a Communications Provider that are paired, or otherwise used with the Boatrax base unit) that result from any claim, demand, suit, action or proceeding brought or initiated by a third party, including, without limitation, actions by any federal or state governmental authority. IN NO EVENT SHALL THE SERVICE PROVIDER OR ANY COMMUNICATIONS PROVIDER BE LIABLE TO THE END USER OR ANY THIRD PARTY, WHETHER, FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO THE END USER’S USE OF (OR INABILITY TO USE) THE SERVICE OR THE BOATRAX DEVICE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT THE SERVICE PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.