Tracklogix Service Terms & Conditions

1. Service Access and Payment

1.1 Invoices are issued on the fourteenth (14th) day of each month in respect of the following month’s service. Payment is due within seven (7) days of issue, being the twenty-first (21st) of the month.
1.2 Where payment is not received by the due date, the following process will apply:
(a) on the twenty-second (22nd) of the month, a reminder notice will be issued advising that user access will be revoked if payment is not received within forty-eight (48) hours;
(b) on the twenty-fourth (24th), if payment remains outstanding, user access will be revoked;
(c) on the twenty-sixth (26th), a further overdue notice will be issued advising that devices will be disabled, resulting in suspension of tracking functionality (historical data will remain stored), if payment is not received within forty-eight (48) hours; and
(d) on the twenty-eighth (28th), if payment is still outstanding, all devices will be disabled until full payment is received.
1.3 Services are billed in advance. Where a customer cancels voluntarily, no further invoices will be issued and access will continue until the end of the billing period already paid.
1.4 Upon termination of the service, customers will no longer have access to historical tracking data. Customers are advised to export any logbooks or reports required prior to cancellation. Should access to historical data be required after termination, the customer must reactivate service for at least one (1) asset for a minimum term of one (1) month.
1.5 If service is reinstated, previously collected data will remain available, subject to Tracklogix’s data retention policy.
1.6 There is no minimum contract term for standard services. Services are available on a monthly subscription basis. Annual subscriptions may also be purchased.
1.7 Annual subscriptions automatically renew at the end of each term. Renewal will occur by way of invoice or automatic payment (where auto-pay has been enabled).

2. Device Usage and Fair Use

2.1 Unless otherwise agreed in writing, devices may record up to two thousand eight hundred and eighty (2,880) location records per day.
2.2 Customers may request higher-frequency reporting, for theft recovery or other urgent requirements. Additional charges may apply.
2.3 Reasonable use of Recovery Mode is included within the standard service. Where Recovery Mode usage exceeds two percent (2%) of the total service period, an additional charge of one dollar ($1.00AUD) per device per day (exclusive of GST) will apply. For example, where a device remains in Recovery Mode for more than seven (7) days in a twelve-month period, charges will apply from the eighth (8th) day onwards.
2.4 Tracklogix applies a fair usage policy whereby devices are limited to two thousand eight hundred and eighty (2,880) records per day, aggregated across all devices in the customer account.
2.5 In the event that fair usage limits are exceeded, Tracklogix may contact the customer to discuss options, including adjustment of update frequency or the application of additional fees. Resolution will be negotiated on a case-by-case basis.

3. Ownership and Hardware

3.1 Ownership of devices is determined as follows:
(a) where purchased outright, ownership rests with the customer;
(b) where leased, ownership remains with Tracklogix; and
(c) under rent-to-buy arrangements, ownership remains with Tracklogix until completion of the term, at which point ownership transfers to the customer.
3.2 Upon termination of a lease, the customer must return the device(s) to Tracklogix. Lease termination is effective on the date the hardware is received at Tracklogix’s premises. Lease charges are payable in monthly increments.
3.3 In the event that a device is lost, stolen, or damaged, responsibility will be as follows:
(a) for purchased devices, the customer is solely responsible and no replacements will be provided; and
(b) for leased devices, the terms of the lease agreement shall apply.
3.4 Warranty and replacement coverage past the 12 months warranty policy, apply only to devices under lease.

4. Cancellation and Refunds

4.1 Fees paid for services are non-refundable. For example, where an annual subscription is cancelled after two (2) months, no refund will be provided for the unused portion of the subscription.
4.2 No cancellation fees apply to standard monthly or annual subscriptions. However, where a customer has entered into a fixed-term lease or contract, early termination fees may apply.
4.3 No statutory or contractual cooling-off period applies to the purchase of services.

5. Warranty and Disclaimer

5.1 Tracklogix shall use reasonable efforts consistent with industry standards to maintain Services and minimise errors or interruptions. Scheduled or emergency maintenance may result in temporary unavailability.
5.2 Tracklogix does not warrant that the Services will be uninterrupted or error free, nor does it guarantee compatibility with third-party software or systems not specified as supported.
5.3 To the extent permitted by law, all implied warranties are excluded, and the Customer accepts the Services “as is.”
5.4 Tracklogix’s sole obligation in the event of a defect shall be to use reasonable endeavours to rectify the non-conformance or, where such is not feasible, refund applicable Fees and terminate the Agreement.

6. Indemnity

6.1 The Customer indemnifies and holds harmless Tracklogix, its officers, employees, and agents against all claims, damages, or expenses arising directly or indirectly from:
(a) any breach of this Agreement by the Customer;
(b) any negligent, unlawful, or wilful act or omission of the Customer.

7. Limitation of Liability

7.1 Except for liability that cannot be excluded by law (including liability for death or personal injury caused by negligence), Tracklogix’s aggregate liability under this Agreement shall not exceed the Fees paid by the Customer in the twelve (12) months preceding the claim.
7.2 Neither party shall be liable for indirect or consequential losses, including lost profits, revenue, goodwill, or business opportunities.

8. Cancellation and Refunds

8.1 Monthly subscriptions shall not be refunded if cancelled partway through a billing cycle.
8.2 Annual subscriptions may only be refunded where required by applicable law.
8.3 No cancellation fees apply unless expressly agreed in writing.

9. Support and Service Levels

9.1 Standard support is available by email and phone during business hours.
9.2 Tracklogix does not guarantee uninterrupted availability of Services but will use reasonable endeavours to maintain high uptime.
9.3 No service credits or compensation shall be provided for outages, except where expressly agreed.

10. General

10.1 Tracklogix may update these Terms & Conditions from time to time. Customers will be notified of material changes by email or platform notice. Continued use of the Services constitutes acceptance of updated terms.
10.2 Pricing may be varied by Tracklogix upon providing reasonable notice.
10.3 These Terms apply equally to Customers and Resellers, except where otherwise agreed in writing.