END USER LICENSE AGREEMENT
1. This End User License Agreement (EULA) sets out the terms and conditions under which "Locator BG" Ltd offers its services to end users as long as there is no other additional written agreement.
2. "Locator BG" Ltd (The Supplier) is registered according to the laws of the Republic of Bulgaria with its main headquarters located at 1421 Sofia, 4 "Gorotzvet" str, under the registration number 201448898 and VAT ID number BG201448898 and with registered area of business: Sales, installation and distribution of GPS devices, security systems and additional electrical components in vehicles, tracking and localization of vehicles, fleet management, as well as all other services, that are not explicitly prohibited by law.
1. The main business area of "Locator BG" Ltd includes, but is not limited to, installation and distribution of GPS devices, security systems and additional electrical components in vehicles. This EULA applies in conjunction with the use of all other services in the portfolio of "Locator BG" Ltd, as long as the latter does not include an additional EULA that applies to specific range of products and services.
1.1. A GPS device according to this EULA is an electrical device that uses the Global Positioning System (GPS), in order to determine its position (coordinates).
1.2. Security systems according to this EULA are electronic devices that can help spotting and reporting unwanted theft attempts on motor vehicles.
1.3 Additional electrical components in transportation vehicles according to this EULA are comprised of all kinds of electrical conductors, safety switches, fuses and connectors, required for the proper installation of the components described in points 1.1. and 1.2. in chapter II.
2. All services offered by "Locator BG" Ltd require signing a written agreement between the end user and The Supplier.
2.1. In this EULA "Locator BG" Ltd will be called "The Supplier", the end user will be called "The User" and both together - "The Parties".
2.2. "The User" can be: a private party, a company or other legal entity, that has a signed contract for a service, offered by "Locator BG" Ltd.
3. Placing a GPS device at the customer's disposal means the selling of the device to The User.
4. Installation of a GPS device means the hidden placement of the device in the vehicle and its connection to the existing electrical system of the vehicle.
4.1. The offering of GPS services means granting access to all the collected information from all the installed GPS devices, which The User has bought. Access to the data is granted over the Internet, through the web-based platform of The Supplier, which resides at www.locatorbg.com. The individual access to the information and its confidentiality is guaranteed by a user name and password, which The Supplier provides to The User.
4.2.The offering of GPS services is carried out in accordance with the technical capabilities of the tracked vehicle of The User and requires an active indication of the vehicle. "Active indication" means the constant information flow from the installed GPS device, containing GPS coordinates of its current position, to the data center of The Supplier.
4.3. GPS services, the The Supplier offers, include:
Active indication of a vehicle - installation of a GPS tracking device in the vehicle, apparatus, machine or other device as well as installation of a SIM card for data transfer of GPS coordinates; the indication carried out is accompanied by a Certificate of active indication, that is part of the signed contract between The Parties;
Fleet management - access to the information collected from the installed GPS devices, marking the position of the indicated vehicle, as well as its speed, halts, course of movement, trips, mileage and movement speed, in order to aid analysis, increase the effectiveness of the business operations of The User, as well as decrease the expenses connected to these business operations; the placement of working GPS trackers within the vehicles of The User is a requirement.
4.4. The Supplier can offer additional services, according to the specific requirements of The User, which are to be included in the signed contract between The Parties.
5. The Supplier can offer additional services, that require the installation of additional electrical components in transportation vehicles, according to the specific requirements of The User, which are to be included in the signed contract between The Parties.
1. The use of the services offered by The Supplier is done according to the agreement between The Parties and the signed contract between them. The duration of the contract between The Parties, as well as the minimum starting duration depends on the current technical capacities of The Supplier.
2. The contract between The Parties enters into power on the date of its signing or on the date the services are first used, whichever occurs first.
1. The prices of different kinds of services are calculated according to the price list of The Supplier that is current on the date of entering into power of the contract between The Parties. The Prices are part of the signed contract between the Parties and are valid throughout the whole duration of The Contract.
2. The terms of payment are part of the signed contract between The Parties, and if there is no such clause in the contract, the prices of the services offered are to be paid within 15 days after an invoice is issued for the current subscription month.
3. The Supplier has the right and in accordance to his own judgement, to define credit limits for the service usage, which if reached can lead to the suspension of the service provided to The User, until the latter pays his debts in full together with all penalties for late payment involved.
4. With the signing of the contract or during its course of action The Supplier can place the further execution of the contract under the condition, that the User pays in advance a deposit of at least 3 full months of service subscription fees. The deposit is returned to The User upon the contract end and if The User has no outstanding payments to The Supplier. Otherwise The Supplier can compensate all outstanding payments in full or in part using the previously paid deposit.
1. Obligations of The User
1.1. The User is obliged to strictly follow the provisions in the signed agreement with The Supplier, as well as to follow the current EULA.
1.2. The User is required to use only the supplied SIM cards and to use them only for the purposes of the respective GPS services; The User has no right to use and/or re-install the SIM cards into other electronic devices.
1.3. The User is required to provide access to the vehicle for active indication within 14 days of the signing of the contract, and at a previously agreed time and place with The Supplier.
1.4. The User is required to inform The Supplier on this phone number +359 (0) 2 439 07 17 within 24 hours, when:
- there is a change of ownership of the actively indicated object;
- there is a theft, robbery, destruction or other insurance event that is connected to the actively indicated object; in this case The User is required to inform The Supplier right away;
- there is a technical issue with the GPS tracking device; in this case The User is required to inform The Supplier right away;
- there is a technical issue with the actively indicated object; in this case The User is required to inform The Supplier right away;
1.5. The User is required to strictly follow the usage guidelines of the GPS device, as well as not to break its cover and/or its guarantee seal.
1.6. The User is required to pay the subscription fees in the amounts and at the terms agreed in the signed contract between The Parties.
1.7. The User is required to keep in full confidentiality the personal credential information, given to him by The Supplier.
2. The User has the right to receive the services chosen by him in full quality and in the quantities and terms, agreed in the signed contract between The Parties.
3. The Supplier is required to provide the services, chosen by the User in full quality and in the quantities and terms, agreed in the signed contract between The Parties.
3.1. The Supplier is required to actively indicate the vehicles provided by The User, as well as to provide a certificate of active indication.
3.2. The Supplier is required to provide support for the installed GPS device and to inform The User timely for each technical problem and/or inability to provide the agreed service.
3.3. The Supplier is required to provide The User with personal credential information, after carrying out the active indication of the vehicles; The credential information grants access to the collected information from the installed GPS tracking devices.
3.4. The Supplier is required to inform The User if a technical problem with the installed GPS tracking device is present.
4. The Supplier has the right to receive, store and use the data, transferred from the GPS tracking devices installed in The User's vehicles only in accordance and for the purposes of the signed contract between The Parties.
4.1. The Supplier has the right to make amendments in the technology and the services provided in order to increase their quality.
4.2. The Supplier has the right to stop the GPS services in order to conduct scheduled maintenance and to resolve problems that have arised.
1. The signed contract between The Parties is terminated when:
1.1. By the guiltless Party after a 30-day prior notice, because of non-compliance to the signed contract by the other Party;
1.2. By The Supplier in the case of lack of technical possibility to offer the desired service;
1.3. When the actively indicated object switches its owner, or when it is destroyed;
1.4. By a written agreement between both Parties.
2. When the payment of the subscription fees is 15 days overdue according to the signed contract between the Parties, and if there is no such clause, according to chapter IV of this EULA, or by reaching a credit limit.
3. The Supplier has the right and in accordance to his own judgement, to define credit limits for the service usage, which if reached can lead to the suspension of the service provided to The User, until the latter pays his debts in full together with all penalties for late payment involved. If all outstanding payments are not paid by The User within 30 days of their due date, The Supplier has the right to terminate the contract without any prior notice, as well as to request that all outstanding payments are paid together with the respective penalty fees.
1. The certificate for active indication is valid on the territory of the Republic of Bulgaria. It looses its power if the signal to the SIM card is cut, when the vehicle changes its owner and/or its registration documents, if the cover of the GPS device has been opened or the guarantee seal has been broken.
2. The Supplier cannot be held liable, in part or in full, for not providing the agreed services, if the access to the SIM card has been cut because of unpaid monthly subscription fees, exceeded credit limit or whatever else reason, caused by the technical capabilities of the indicated vehicle of The User and/or damage to the GPS device, which was not resolved by The Supplier in the agreed terms attributable to The User.
3. The Supplier has the right to change the current EULA at any time and without prior notice. The User must be notified about the change in the shortest terms possible, after the change comes in power.
4. If not mentioned otherwise the current EULA applies to all other products and services offered by "Locator BG" Ltd as well.
5. All disputes are to be resolved between The Parties in accordance to the current EULA and in the spirit of reaching a mutual agreement, or if the latter is not possible - by the Arbitration Court of The Bulgarian Chamber of Commerce and Industry in the presence of 3 arbitrators.
6. This EULA, the Certificate of active indication, as well as all appendices are an integral part of the agreement between The Parties.
7. For all cases, not covered by this EULA, the current Law in the Republic of Bulgaria applies.