GEOTRACE® Telematiksysteme

Terms of Service:

General terms and conditions of SISpro-connect GmbH & Co. KG, Waldleite 21, 97295 Waldbrunn, herinafter referred to as GEOTRACE

1. Validity, legal bases, written from

1.1. The following conditions govern the use of GEOTRACE between the customer and SISpro-connect GmbH & Co. KG, Waldleite 21, 97295 Waldbrunn as operator of the service GEOTRACE

1.2. The contract is concluded on the basis of a written conctract use between the customer and GEOTRACE. The following conditions are part of this usage contract.

1..3. Insofar as hardware is handed over to the customer, the provisions of the BGB on the rental agreement (§§ 535ff.) apply insofar as other services are concerned, the provisions of the BGB on the service contract (§§ 611ff Terms and conditions do not regulate otherwise.

1.4 . All ancillary agreements and other agreements must be in writing in order to be binding.

2. Definition

2.1. The service of GEOTRACE is the construction of a strucutre that allows to visualize and evaluate position data of objects equipped with GEOTRACE hardware via the Internet with a computer.

2.2. Objects are moving things that are equipped with the Geotrace hardware. The equipment with GEOTRACE hardware is absolutely necessary for the function of the GEOTRACE service.

2.3. GEOTRACE hardware refers to technical devices that automatically transmit GPS position information and other status information over the GSM cellular network to the GEOTRACE server.

2.4. The GEOTRACE server is a technical platform that ensures communication with the GEOTRACE hardware, processes processed data, stores it and processes it for display over the Internet for display by the customer.

2.5. Position data is collected by the GEOTRACE hardware via satellite positioning. The accuracy of this data depends on the GPS system itself and the environmental conditions of the GEOTRACE hardware.

3. Scope of services, warranty, liability

3.1. GEOTRACE provides only those services that are defined in the license agreement (service package). The service package does not include the installation and removal of the GEOTRACE hardware in vehicles or other property of the customer.

3.2. GEOTRACE reserves the right to completely delete all cached data transfer data after a period of 90 days from the date of invoicing, unless a separate storage period has been agreed by the user agreement.

3.3. GEOTRACE is therefore not responsible for the regional, temporal and qualitative availability of the GSM network of the respective network operator. In particular, GEOTRACE is therefore not liable for the fact that position data can be transferred to the mobile network within a specified time, and that data transferred to the network can be delivered to the GEOTRACE server.

3.4. GEOTRACE is also not liable for the regional, temporal and qualitative availability of the signal supply by the GPS satellite system. In particular, no liability is assumed for the accuracy of the signals transmitted by satellites and the position data calculated thereby.

3.5. GEOTRACE is not liable for the fact that the GSM mobile network and GPS satellite positioning will in future support the functions contained in the service package. Should these services or their partial functionality not be usable, this constitutes a case of force majeure which neither GEOTRACE nor the customer is responsible for and which exempts GEOTRACE and the customer from its obligation to perform.

3.6. GEOTRACE shall not be liable for any damage caused to the customer by the use of GEOTRACE, unless they are based on intent or gross negligence on the part of GEOTRACE. This disclaimer of liability does not apply if the life, body or health of the customer, who is a consumer within the meaning of § 13 BGB, are affected.

3.7. The GEOTRACE hardware provided to the customer is intended for normal use in accordance with the operating instructions and is not intended for use in critical safety systems, nuclear power plants, military facilities or medical devices with life support or weapons guidance. Therefore, no liability is accepted for use in these areas. Similarly, liability for improper installation and removal of the hardware in vehicles or other property of the customer or the consequences of such improper installation and removal is assumed. In the event of a defect in the GEOTRACE hardware, GEOTRACE is only obliged to exchange the defective hardware; For installation and removal, the customer has to take care of himself, as these are not part of GEOTRACE ´s services.

4. Use, access data, use by third parties

4.1. For the use of GEOTRACE the customer needs and uses any Internet access and suitable display software (browser). It is not part of the GEOTRACE service package to ensure the provision and functionality of the customer´s Internet access and browser.

4.2. At the beginning of the contract, the customer names an administrative contact person. This receives for the objects of the customer confidential access data such as username and password with administration rights. These access data are known only to the contact person. The announced password must be changed by the administrative contact immediately after initial access for security reasons.

4.3. The customer has the option to allow other users to use the GEOTRACE portal as part of the user agreement by creating additional access data. There is no contractual relationship between GEOTRACE and the third party entitled to use the services of GEOTRACE. In particular, the contract of use between GEOTRACE and the customer is not a contract in favor of third parties or with a protective effect in favor of third parties.

4.4. The customer must oblige all users authorized by him to handle the access data carefully and to ensure that unauthorized third parties can not gain knowledge of this data.

4.5. The access data entitle the customer (and its authorized users) to access and use GEOTRACE.

4.6. If unauthorized third parties gain access to GEOTRACE through improper or unauthorized handling of the customer´s access data and if damage is caused by unauthorized access, the customer is liable for such damage in accordance with the general regulations.

4.7. If the customer establishes unauthorized access to GEOTRACE using his or his authorized users´ access data, he must inform GEOTRACE immediately. GEOTRACE will stop access to GEOTRACE as soon as possible after receipt of the customer´s notification with the previous access data and provide the administrative contact with new access data. GEOTRACE is entitled to charge the customer for the costs incurred.

5. Use, transfer and return of the hardware

5.1. The required GEOTRACE hardware will only be made available to the customer during the contract period. Installation and removal of the hardware are, as mentioned, not included in the service package of GEOTRACE.

5.2. The provided GEOTRACE hardware remains the property of GEOTRACE. The customer only acquires a right of use for the contract period. The customer is not entitled to pass on the hardware to third parties without the permission of GEOTRACE, as long as the customer does not remain the owner of the hardware. In particular, the customer is prohibited from selling a vehicle equipped with GEOTRACE hardware without prior removal.

5.3. The use of the GEOTRACE hardware (in particular the SIM card) for purposes other than the usual and defined in the license agreement use, the customer is prohibited. GEOTRACE is entitled in the case of the infringement to terminate the contract of use for an important reason without notice and to charge any costs incurred to the customer.

5.4. After the end of the contract, the customer must return the GEOTRACE hardware provided to GEOTRACE. If the customer returns the hardware to GEOTRACE only after expiry of the contract period, he is obliged until the time of return to repay the contractually agreed payments; However, GEOTRACE is only required to provide its services until the end of the contract period.

6. Remuneration and payment

6.1. The amount of the fee to be claimed by GEOTRACE results from the price list valid at the time of conclusion of the user contract.

6.2. Changes to the usage rates are expressly reserved. These will be communicated to the customer by GEOTRACE in writing with a notice period of four weeks and are valid at the earliest from the first day of the following month. If fees increase, the affected customer is entitled to a special right of termination on the first day of the following month with a notice period of 14 days.

6.3. Objections to the invoices submitted by GEOTRACE must be lodged with GEOTRACE immediately, but no later than 14 days after the date of invoice, insofar as GEOTRACE points to this and the consequences of the omitted objections in its invoice. The waiving of timely objections is considered as approval.

6.4. GEOTRACE reserves the right to exercise its right of retention by blocking the GEOTRACE account of the customer, as long as the customer is in default of payment with his usage fee or the direct debit for fees due is not redeemed or reloaded for reasons for which the customer is responsible. The blocking of access does not release the obligation to pay the fees due and the full basic fee for the month in which the suspension takes place. The costs for blocking and unblocking will be charged to the customer in the amount of 25.00 EUR; the customer is permitted to prove that these costs are lower in individual cases or have not arisen.

6.5. For customers with headquarters in Germany, all payments are made by direct debit through GEOTRACE. The customer agrees to this procedure by separate authorization at the conclusion of the contract.

6.6. For customers with headquarters outside Germany as well as for customers who expressly do not request direct debit or revoke the consent to direct debit after conclusion of the contract, the invoiced fees must be transferred within 10 days of the invoice date to an account specified by GEOTRACE. Decisive for the observance of this period is the receipt of the money at GEOTRACE.

7. Privacy and SCHUFA

7.1. Personal data are individual details about personal or factual circumstances of a specific or identifiable natural person. By registering, the customer discloses such data stored by the web server of GEOTRACE. GEOTRACE uses the personal data provided by the customer exclusively for the purpose of technical administration and for passing on to cooperation partners for the performance of the services agreed in the user agreement. The customer agrees. This applies only if the customer has previously given his consent to this by concluding the user contract or as long as he has not filed the legal provisions of the BDSG objection against the use and disclosure of his personal data.

7.2. The customer declares that he has all the necessary consents for the use of the GEOTRACE service of his employees or of all persons equipped with GEOTRACE hardware to transfer the personal data, in particular the location-related data. The customer is liable for his obligations under the Federal Data Protection Act against third parties themselves.

7.3. The customer agrees that GEOTRACE may obtain information from the SCHUFA company responsible for it (protective association for general credit protection) and report this to the SCHUFA company in the event of non-contractual behavior of the customer. This only applies insofar as this is necessary for the protection of legitimate interests of GEOTRACE, another contractual partner of SCHUFA or the general public, and thereby detrimental interests of the customer are not impaired.

8. Contract period, termination

8.1. The contract is closed for a period of one month. The contractual relationship is extended by one more month, as long as the customer does not terminate the contract in writing with a notice period of 4 weeks to the end of the month.

8.2. GEOTRACE is entitled to terminate the contractual relationship without giving reasons in the same time and in the form as the customer.

8.3. GEOTRACE is entitled to prematurely terminate the contract for good cause without observing a notice period. Important reasons include, in particular, the application and opening of insolvency proceedings, the initiation of an out-of-court or judicial debt settlement procedure regarding the customer´s assets and the misuse of the GEOTRACE service.

9. Other

9.1. All legal relationships between GEOTRACE and the customer are governed by the laws of the Federal Republic of Germany, regardless of where the customer retrieves the data provided or where the GEOTRACE hardware of the customer for whom the data is retrieved is located. As far as legally possible, the place of jurisdiction and place of fulfillment is Schweinfurt.

9.2. Changes and additions to these terms and conditions apply from their transmission to the customer, in the case of companies within the meaning of §14 BGB and legal persons under public law with the implementation or supplement.

9.3. Should any of the provisions above be invalid or void, the validity of the other provisions and of the concluded contract shall not be affected. The invalid provision shall be replaced by the valid provision which comes closest to the economic purpose of the ineffective provision.

Your Advantages

Global
GSM, Iridium, Inmarsat

Flexible
Monthly Cancellable

Safe
BSI/WEB & penetration tests

Simple
in operation

Complex
in Functionality

Statistical Evaluations

Object Protection

Tracking and displaying by digital maps

Customer-Relationship-Management (CRM)

Theft Protection

Safety for lonely workers

OTHER SOLUTION FROM

We are always available for any questions regarding GEOTRACE® services and systems.
Our staff will be please to receive your call or message and answer your queries .

Privacy Statement