Terms & Conditions
Last revised & effective as of November 4, 2014
“GP” or “we,” “us,” or “our” refers to GPLink, LLC, a North Carolina limited liability company.
“You” and “your” refers to the customer who is purchasing these services.
2. Tracking, Monitoring, and Communications Services
Upon activation your GPLink System will provide GSM and/or satellite-based tracking, monitoring, and communications services more fully described in the Installation Guide User Manual. The tracking, monitoring, and communications services depend upon one or more communications networks that engage in two way communication of data, reports, and tracking information generated by the Equipment. Communications service on the GPLink System may be interrupted or delayed due to a variety of possible conditions and circumstances beyond our control. Such delays and interruptions could result in the failure of transmission of e-mail messages, text messages, or alerts to or from the GPLink System. We are not responsible for providing error free or interruption free services.
3. Concierge Services
When your GPLink System generates a message or alarm signal concerning engine problems or maintenance needs, we will endeavor to have a GPLink technician contact you to assist in interpreting the data that has been generated. Should you experience an engine problem or maintenance need, you can phone our call center at (252) 504-5113 or send an e-mail to firstname.lastname@example.org to communicate with a technician. The information provided by our technicians is intended only as a convenience and is provided AS IS. We do not warrant that the information provided will be accurate or error free or will lead to the successful repair of your equipment.
Our Privacy Notice is incorporated into this agreement by reference. You agree to its terms and agree that we may use and share information about you or your equipment as described therein. You further agree that we may: (a) process information about you and your equipment for any purpose identified in the Privacy Notice or reasonably related to provision of the GPLink System and related services; (b) transfer information about you and your equipment to any country where we or our affiliates, service providers or business partners do business, as further described in the Privacy Notice; (c) share information about you and your equipment as described in the Privacy Notice, including with any recipient reasonably necessary to provide the GPLink System and related services, respond to actual or perceived emergencies, cooperate with law enforcement and government agencies, comply with law or legal process, upon your consent, provide you with enhanced insurance coverage or a discount and protect the vital interests of individuals and/or GPLink, its affiliates, business partners and service providers. If you share your user name, password or other log-in credentials to access GPLink services and information with anyone you do so at your own risk; sharing your user name, password or other log-in credentials may constitute a violation of this Agreement. Any use or disclosure you make of information made available to you thorough the GPLink System and www.GPLink.com is done solely at your own risk.
5. Limited Warranty
We warrant that for a period of twenty four (24) months from the date of installation of the GPLink System, the equipment provided shall be free from defects in material and workmanship. Any claim for defect in material or workmanship shall be submitted promptly in writing by e-mail to: email@example.com. The e-mail shall include an explanation of the circumstances leading to the claim. Upon receipt and verification of the claim and upon our taking possession of the defective equipment, we shall cause action to be taken to correct such defect by repair or replacement with a turnaround time for such corrective action taking no more than twenty one days from the date we take possession of the equipment. Our liability under this warranty is limited to repair or replacement of defective parts, and that liability shall in no case exceed the initial purchase price of the applicable equipment.
6. Disclaimer of Warranties
EXCEPT AS STATED IN THE LIMITED WARRANTY ABOVE, THE EQUIPMENT AND SERVICES OFFERED HEREUNDER ARE PROVIDED “AS IS” AND WE OFFER NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY OR GUARANTY (1) THAT THE GPLINK SYSTEM OR OUR SERVICES WILL PROTECT YOU OR YOUR EQUIPMENT FROM DAMAGE, PERSONAL INJURY, OR HARM; (2) THAT THE DATA AND INFORMATION COMMUNICATED PURSUANT TO THE EQUIPMENT AND THESE SERVICES WILL REMAIN PRIVATE AND SECURE; (3) THAT WE WILL REPAIR ANY DEFECT OR PROBLEM WITH YOUR EQUIPMENT; (4) THAT YOU WILL RECEIVE NOTIFICATION OF ALL ENGINE DEFECTS OR OTHER PROBLEMS WITH YOUR EQUIPMENT; OR (5) THAT THE GPLINK SYSTEM OR THESE SERVICES WILL PREVENT ANY LOSSES DUE TO EQUIPMENT ENGINE PROBLEMS, NATURAL DISASTERS, CRIMINAL OR WRONGFUL ACTS OF THIRD PARTIES, WEATHER CONDITIONS, INTERRUPTIONS OF SERVICE, OR OTHER CONDITIONS OR CIRCUMSTANCES.
7. Limitation of Liability
Our liability to you for any failure arising out of this Agreement, the services provided hereunder, and the GPLink System is limited to, and shall not exceed, six (6) times your monthly service fee. WE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) RELATING TO THIS AGREEMENT OR RESULTING FROM YOUR USE OR INABILITY TO USE THE GPLINK SYSTEM, FROM THE TECHNICAL AND CONCIERGE SERVICES PROVIDED HEREUNDER, OR FROM OUR PERFORMANCE OF, OR FAILURE TO PERFORM, ANY SERVICES CONTEMPLATED BY THIS AGREEMENT, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, INCLUDING CONTRACT, WARRANTY, STRICT LIABILITY, OR NEGLIGENCE, EVEN IF WE HAD BEEN NOTIFIED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
All claims and disputes between us arising out of this Agreement, the services provided hereunder, or the GPLink System shall be decided by arbitration in accordance with the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association unless the parties agree otherwise. Venue in any arbitration matter shall be appropriate in the State of North Carolina. This provision shall be specifically enforceable in any court of competent jurisdiction. By entering into this Agreement, you and we are waiving the right to a trial by jury or to participate in a Class Action suit.
a. Notice of Demand. Notice of demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when the applicable statute of limitations would bar institution of a legal or equitable proceeding based on such a claim, dispute or other matter in question.
b. Binding Decision. The award rendered by arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction.
We may, at our option, terminate this Agreement without liability to you if you fail to make any payment when due and such failure continues for ten (10) days after we give written notice to you or if you otherwise fail to comply with any of your obligations under this Agreement. You agree to reimburse us for the reasonable attorneys fees and costs we incur in collecting any amounts owed hereunder. Owner may terminate the agreement at any time after the initial three (3) year period. Termination prior to completion of the service contract will be accepted with five hundred dollar ($500) early termination fee and successful return of the GPLink equipment to GPLink, LLC.
You may not assign this Agreement, or any of your rights and duties hereunder, without our written consent. Any such attempted assignment will be void. We reserve the right to assign this Agreement or to subcontract any of our obligations hereunder without prior notice to you.
11. Governing Law
This Agreement shall be governed by the laws of North Carolina without regard to any conflicts of law rules.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
14. Entire Agreement
This Agreement and the purchase order contain the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements or representations between the parties.
15. Power Generation/Industrial Customers Only:
a. Commencement of Services. We will provide the services you requested when the GPLink system is installed and Service Agreement signed. The initial term of this Agreement shall be three (3) years. The initial term will start on the date the GPLink System has been installed and the requested communications connections have been activated. THE TERM OF THIS CONTRACT SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE ONE YEAR RENEWAL TERMS UNLESS EITHER PARTY GIVES WRITTEN NOTICE OF TERMINATION AT LEAST THIRTY (30) DAYS PRIOR TO THE END OF THE THEN-CURRENT TERM.
b. Payment Terms. You are responsible for paying all charges resulting from the services provided under this Agreement. MASTERCARD, VISA, AMERICAN EXPRESS AND PURCHASE ORDER ARE ACCEPTED FORMS OF PAYMENT. SUBSCRIPTION PLANS REQUIRE A VALID CREDIT CARD OR P.O. ON FILE WITH AUTHORIZATION TO CHARGE FOR SERVICES PROVIDED. SUBSCRIPTION PLANS ARE AUTOMATICALLY RENEWED FOR THE PREVIOUS TERMS. IF YOU HAVE A SUBSCRIPTION. YOUR CREDIT/DEBIT CARD WILLBE CHARGED FOR EACH SUBSCRIPTION AT THEIR CURRENT RATE UNLESS YOU CALL TO CANCEL, WHICH CAN BE DONE BY CALLING GPLINK CONCIERGE AT 252.504.5113.The charges will be based upon the services you have selected, any activation fee, and any applicable tax. We may impose a one-time late charge on each payment that is more than ten days past due, which shall be the lesser of $5.00 or the highest amount permitted by law. We may increase our charges after the end of the initial term (but not more than once during any renewal term) by giving you thirty (30) days prior written notice.
16. Vessel Monitoring Customers Only:
a. Parties. “GP” or “we,” “us,” or “our” refers to GPLink, LLC, a North Carolina limited liability company. “You” and “your” refers to the customer who is purchasing these services.
b. Installation of GPLink System. We will install the GPLink System on your vessel provided you agree to the following conditions: (a) you will provide access to our employees without interruption for the period of time necessary to complete the installation during normal working hours; (b) you will allow our employees to take necessary and appropriate actions, including drilling, to mount the GPLink System and all components, wiring, sensors, and other accessories thereof in locations suitable for its intended use; (c) you confirm that you own the vessel or have authority on behalf of the owner or other person in legal possession to authorize us to install the GPLinkSystem on the vessel; and (d) you confirm that you will operate the GPLink System in compliance with all laws, codes, and regulations pertaining to the use of the GPLink System and our services. You must inspect your GPLink System within two (2) days after installation is complete and give us notice in writing of any problems with the installation.
c. Commencement of Services. We will provide the services you requested when you purchased the GPLink System . The initial term of this Agreement shall be one (1) year. The initial term will start on the date the GPLink System has been installed and the requested communications connections have been activated. THE TERM OF THIS CONTRACT SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE ONE YEAR RENEWAL TERMS UNLESS EITHER PARTY GIVES WRITTEN NOTICE OF TERMINATION AT LEAST THIRTY (30) DAYS PRIOR TO THE END OF THE THEN-CURRENT TERM. will start on the date the GPLink System has been installed and the requested communications connections havebeen activated. THE TERM OF THIS CONTRACT SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE ONE YEAR RENEWAL TERMS UNLESS EITHER PARTY GIVES WRITTEN NOTICE OF TERMINATION AT LEAST THIRTY (30) DAYS PRIOR TO THE END OF THE THEN-CURRENT TERM.