Terms and Conditions

V2024-02

Definitions

In these General Terms and Conditions, the following terms are defined as:

2BTracked-Systems: 2BTracked-Systems, located at Kling 29, 5432MA Netherlands.

Buyer/User: The natural or legal person who has or enters into a contractual relationship with 2BTracked-Systems.

Consumer Buyer: The natural person not acting in the exercise of their profession or business who has or enters into a contractual relationship with 2BTracked-Systems.

Products: The subject of one or more agreements.

Track and Trace: (software/Data) hardware sold by 2BTracked-Systems under any name.

Supplier: The provider of products or services in or through 2BTracked-Systems.

Counterparty: Any natural or legal person with whom 2BTracked-Systems enters into an Agreement or negotiates the conclusion of an Agreement or to whom/for whom 2BTracked-Systems makes an offer or provides a delivery or other performance.

Services: All work, whether or not through a third party and in any form and nature whatsoever, that 2BTracked-Systems performs for or on behalf of the Counterparty, Buyer, and Consumer Buyer, including services, facilities, and transport of telecommunications traffic provided by 2BTracked-Systems to the Counterparty, Buyer, and/or Consumer Buyer.

Network: The network of the provider with which 2BTracked-Systems cooperates.

Agreement: The agreement for the provision of the Service and/or Product by 2BTracked-Systems to the Customer. The price list and general terms and conditions form part of the agreement.

2BTracked-Systems Customer Service: The customer service of 2BTracked-Systems where the Customer can address all their questions about 2BTracked-Systems, reachable at (+31)485 785 746, via the website https://2btracked-systems.com, email in**@2b*******.com .

Connection: The ability to use Services with Trackers.

Content: Products offered by 2BTracked-Systems or third parties through or in connection with the Services or additional Services that may include text, sound, data, and/or image files as well as software applications.

Content Services: Services whereby 2BTracked-Systems grants the Buyer access to Content.

Subscription: If the agreement pertains to Products acquired against a monthly payment.

General Provisions

These General Terms and Conditions apply to all agreements, applications, offers, correspondence, and deliveries to, and the formation of agreements with, counterparts concerning the provision and acquisition of services, unless explicitly and in writing deviated from by the parties. The General Terms and Conditions also apply to all agreements with 2BTracked-Systems, for the formation and execution of which third parties must be involved, as well as to all (legal) acts that reasonably precede them. Deviations from one or more provisions in these General Terms and Conditions can only be made if expressly agreed upon in writing. The other provisions of these conditions remain in full force in such cases.

Deviations from one or more provisions in these General Terms and Conditions can only be made if expressly agreed upon in writing. The other provisions of these conditions remain in full force in such cases.

General Terms and Conditions used by the Counterparty do not apply unless expressly agreed upon in writing by 2BTracked-Systems.

2BTracked-Systems reserves the right to unilaterally amend and/or supplement the General Terms and Conditions.

If the Counterparty subscribes to the Services or creates an account with 2BTracked-Systems, the Counterparty acknowledges that they have received, understood, and accepted the terms. By using the websites of 2BTracked-Systems and/or placing an order, the Counterparty accepts the General Terms and Conditions of 2BTracked-Systems.

2BTracked-Systems is authorized to use third parties in the execution of an agreement with the Counterparty.

The Counterparty can use additional services offered by 2BTracked-Systems. These General Terms and Conditions apply to these additional services unless otherwise stated in the product description of the relevant additional service. Additional terms may also apply to additional services.

In case of conflict between verbal statements of 2BTracked-Systems and written statements of 2BTracked-Systems, the written statements of 2BTracked-Systems prevail.

The General Terms and Conditions are filed with the Chamber of Commerce in ‘s-Hertogenbosch. The General Terms and Conditions are also listed on the website of 2BTracked-Systems: www.2BTracked-Systems.com.

Offers and Formation of Agreements

Offers or quotations should be regarded as invitations to potential Buyers to place an order. 2BTracked-Systems is in no way bound to them unless this is expressly and unequivocally laid down in writing. Acceptance of the invitation to place an order by the potential Buyer constitutes an order and only leads to the formation of an agreement if the other provisions in this article are met.

An order by the potential Buyer is deemed to have been placed when the potential Buyer has indicated which product and/or service they wish to receive or when they have placed the order via email in**@2b*******.com and this order has been received by 2BTracked-Systems.

The Agreement is concluded when an order confirmation has been sent to the Buyer at the email address provided by the Buyer, and payment has been made electronically.

The Buyer and 2BTracked-Systems explicitly agree that a valid Agreement is formed by using electronic communication forms. The absence of signatures does not affect the binding nature of the offer and its acceptance.

If an agreement is concluded as mentioned in the previous articles with a Buyer in the exercise of their profession, it is irrevocable. This means that the Buyer is obliged to pay the full purchase price.

If the Buyer in the exercise of their profession wishes to cancel a placed order that has not yet been delivered, the Buyer owes a termination fee of 25% of the invoice amount. In the case of partial cancellation, the termination fee will be due over 25% of the reduced invoice amount.

If the agreement pertains to Products acquired against a monthly payment, the subscription is automatically concluded when the Counterparty creates a 2BTracked-Systems account via the 2BTracked-Systems website. Subscriptions must be paid in advance and are valid for a duration of 1 year. After this year, it will be automatically renewed. It can then be canceled monthly with a one-month notice period.

2BTracked-Systems is entitled to adjust its service rates.

Offers or quotations do not automatically apply to repeat orders.

The Counterparty is required to provide all requested information and cooperation that 2BTracked-Systems needs and can reasonably expect from the Counterparty. This includes timely reporting of address and billing changes in writing and promptly reporting (possible) bankruptcy, seizure, suspension of payments, or debt restructuring in writing.

2BTracked-Systems is entitled at any time to check the identity and creditworthiness of the Counterparty and may decide to withdraw the offer.

2BTracked-Systems is entitled to suspend its obligations (including suspending services) if and as long as there is justified doubt about the creditworthiness of the Counterparty, a requested direct debit authorization is not given, payment is reversed without valid reasons, or otherwise not paid. Also, 2BTracked-Systems may suspend its services if it is established or likely that the Counterparty will not be able to meet the agreement’s conditions. In that case, 2BTracked-Systems may choose not to enter into or terminate the Agreement. In this last case, the Counterparty is liable for the costs of using the Service until the termination date.

Address or Name Changes

The Counterparty must inform 2BTracked-Systems in writing 14 days before an address or contact details change such as email addresses. The Counterparty is liable for any consequences of not timely reporting such a change.

If the Counterparty is a legal entity, the Counterparty must also inform 2BTracked-Systems in writing of any relevant business changes (such as name or legal form).

SIM Card and Hardware

The SIM card provided by 2BTracked-Systems to the Counterparty remains the exclusive property of 2BTracked-Systems. 2BTracked-Systems has the right to replace the SIM card at any time. If the Buyer no longer wishes to use the services of 2BTracked-Systems, the Buyer must return the SIM card to 2BTracked-Systems.

If the Buyer no longer uses the services of 2BTracked-Systems and the SIM card has not been returned to 2BTracked-Systems, the Buyer owes a fee of €0.10 per day from the moment the services of 2BTracked-Systems are no longer used until the SIM card is returned to 2BTracked-Systems.

If the agreement pertains to Products acquired against a monthly payment, the Hardware remains the property of the customer after payment of the agreed price.

It is prohibited to copy the technical information on the SIM card or manipulate the card or the information on it in any way. The same applies to the technical information, software, and security of the hardware with which the Counterparty accesses the Network.

In case of theft or loss of the hardware and/or SIM card, the Counterparty must report this immediately to 2BTracked-Systems and remains liable for the costs and any other usage-dependent fees until the blocking occurs.

System Codes

The system code of the Customer is determined by 2BTracked-Systems.

The Counterparty cannot claim the retention of a specific system code, considering the applicable regulations and 2BTracked-Systems’ implementation thereof.

2BTracked-Systems has the right to change this system code if deemed necessary, for example, in the interest of the proper functioning of the Service or Network or based on regulations. 2BTracked-Systems will reasonably consider the interests of the Counterparty in doing so.

Prices

All prices are expressed in Euros.

The Buyer owes the price communicated by 2BTracked-Systems according to the provisions in Article 3 of these conditions. Apparent (manipulation) errors in the price quotation, such as obvious inaccuracies, can also be corrected by 2BTracked-Systems after the agreement has been concluded.

2BTracked-Systems specifies the delivery costs, which are the Buyer’s responsibility, at the conclusion of the Agreement. Specific payment methods may be subject to additional conditions regarding the delivery method and associated costs. This is clearly communicated to the Buyer.

If the prices for the offered products and services increase between the order and its execution, the Buyer will be informed of the price increase. The Buyer can cancel the order or dissolve the Agreement within seven (7) days after notification of the price increase by 2BTracked-Systems. For price increases implemented after the purchase agreement is concluded, the ordered product will be delivered at the agreed price.

For the Service, 2BTracked-Systems is entitled to change its rates. Changes will be communicated by 2BTracked-Systems to the customer. The Counterparty can also request the current rates from 2BTracked-Systems’ Customer Service ( in**@2b*******.com ).

Payments, Orders, and Subscriptions

An account with 2BTracked-Systems is required to use the Service. The Service starts upon activation of the Hardware and the first data transmission from the Hardware.

If the purchase of Products involves a one-time payment and acquisition of service levels against an annual payment, no subscription period applies to the use of the services. The Agreement regarding the Service is entered into for a fixed period. The duration is 1 year for the chosen service level. The Service must be prepaid.

A subscription has an initial (and fixed) term of one year from the start date and can be terminated by the Counterparty during this period, but the termination only becomes effective after the period of 1 year has elapsed. After the original contract period, the agreement is automatically renewed, unless one of the parties terminates the agreement with one month’s notice as stated in these conditions. The notice period after the first year is 1 month. Subscription renewal does not imply that the Counterparty will receive new hardware and/or SIM card.

If a subscription is involved, the Counterparty will be asked to accept the bank payment method for the subscription fee for the first year when placing the order through direct sales. The User pays the subscription fee for the first year by bank at the time of order placement. The Counterparty confirms that 2BTracked-Systems receives the Counterparty’s bank details as long as the subscription runs. The Counterparty acknowledges and agrees that, until the subscription is terminated in accordance with these conditions, the Counterparty is obliged to pay the associated costs and/or prices, even if the Counterparty does not use (a part of) the Services.

If a subscription is involved, the subscription payments will always be collected in advance annually.

The user can effectuate a termination via email.

Termination of Subscription and/or Services by 2BTracked-Systems

2BTracked-Systems has the right to terminate the subscription or Service (in whole or in part) with immediate effect, without prior written notice to the Counterparty if: (i) 2BTracked-Systems is required to do so by law or court order; (ii) 2BTracked-Systems suspects that the Counterparty is unlawfully using or abusing the service, the hardware, or other services; (iii) The Counterparty does not (timely) pay the applicable subscription fees. Upon termination of the subscription, the Counterparty’s right to use the Services ceases on the end date, and the User acknowledges and agrees that 2BTracked-Systems has the right to deactivate or delete their 2BTracked-Systems account, including all related information and data belonging to the account, and/or block further access to this data.

If the Counterparty’s bill payment cannot be successfully processed by 2BTracked-Systems for any reason, or if the Counterparty disputes the amount collected by 2BTracked-Systems, the Counterparty is automatically in default without the need for a formal notice of default. 2BTracked-Systems then has the right to make (a part of) the Services unavailable to the Counterparty and/or immediately terminate the 2BTracked-Systems account and/or block access to the platform and the account without reducing the Counterparty’s payment obligation.

In case of disputes about costs charged by 2BTracked-Systems to the Counterparty by means of an invoice or through automatic debit, the Counterparty must respond with reasons within seven (7) days from the invoice date or from the moment of debit from the bank account.

2BTracked-Systems reserves the right to change the subscription costs and the prices and rates (annually), even in the case of a periodic payment obligation of the Counterparty. For ongoing subscriptions, price changes can only be implemented at the beginning of a new contract period. The Counterparty is deemed to agree with the changes unless they have notified 2BTracked-Systems in writing within 30 days of notification of the contrary.

The parties will specify the date or dates on which 2BTracked-Systems charges the Counterparty the fee for the agreed performances in the agreement. Invoices are paid by the Counterparty according to the payment terms stated on the invoice. In the absence of a specific arrangement, the Counterparty will pay within fourteen days after the invoice date. The Counterparty is never entitled to set-off or to suspend a payment.

If the Counterparty does not or not timely pay the due amounts, the Counterparty is in default by operation of law without any notice or warning being required, and statutory interest is due on the outstanding amount. The interest on the due amount will be calculated from the moment the Counterparty is in default until the moment of full payment of the due amount.

If the Counterparty remains negligent in fulfilling the claim after a second reminder or notice of default, 2BTracked-Systems can hand over the claim, in which case the Counterparty is obliged to reimburse all judicial and extrajudicial (collection) costs, including costs calculated by external experts in addition to the legally established costs. Insofar as the Counterparty acted in the exercise of a profession or business, the Supplier is entitled to compensation for extrajudicial (collection) costs, which in that case, contrary to Article 6:96 paragraph 4 of the Civil Code and deviating from the Decree on compensation for extrajudicial collection costs, are now fixed at an amount equal to at least 15% of the total outstanding principal amount with a minimum of €40.00 for each partially or completely unpaid invoice. However, if the Supplier has incurred higher collection costs that were reasonably necessary, the actual costs incurred are eligible for reimbursement. Any judicial and execution costs incurred will also be recovered from the Counterparty. The Counterparty is also liable for statutory interest on the due collection costs.

Payments always apply first to the satisfaction of due interest and costs and secondly to enforceable invoices that have been outstanding the longest.

Any appeal by the Counterparty to set-off against a claim on 2BTracked-Systems is excluded.

Use of the Service

The Counterparty must comply with the requirements that can (reasonably) be imposed on reasonable use of the Service and additional services.

For questions about the functioning of end equipment, the Customer can contact 2BTracked-Systems, Customer Service +31 (0) 485 785 746.

For certain services, 2BTracked-Systems may provide system codes. The Counterparty must protect the system codes against unauthorized access. The Counterparty is responsible for any use made of the system codes. In the event of (suspected) unauthorized use, 2BTracked-Systems is entitled to block system codes immediately.

The Network operates through the distribution of signals. Since these signals can be disturbed by an external source, by atmospheric conditions, or other reasons and depend on the Network’s coverage, the quality of a connection cannot be guaranteed everywhere and at all times. 2BTracked-Systems does not provide any guarantee in this regard and excludes any liability.

Older Hardware from 2BTracked-Systems may use the 2G network. That network will cease to exist, causing the system to no longer work. The 2G network was introduced in the 1990s, making it increasingly challenging to offer this network in a secure and (energy) efficient way. With newer technologies such as 4G, LTE-M, all applications for which 2G is used are also possible. The 2G network is expected to remain operational until January 1, 2025, and whether it will remain operational thereafter is unclear. 2BTracked-Systems has no influence over this. The decision is up to the Network provider. Newer hardware from 2BTracked-Systems operates based on 4G. 2BTracked-Systems will make an exchange proposal if it turns out that the Counterparty has hardware that no longer works for this reason.

2BTracked-Systems may make changes regarding the countries and/or networks from which the use of 2BTracked-Systems is possible. The Counterparty can use a network indicated for a specific country, taking into account the usage possibilities, quality characteristics, and regulations that apply to the respective country or network. 2BTracked-Systems does not guarantee the quality of the respective network.

In the event of excessive data usage, 2BTracked-Systems is entitled to suspend the service and may, in extreme cases, decide to deactivate the SIM card. The data cards work throughout the EEA, outside of which a surcharge is charged equal to the surcharge the respective country charges 2BTracked-Systems plus administration costs.

Delivery and Delivery Time

Orders are delivered as quickly as possible. In principle, 2BTracked-Systems aims to ship the product within 2 business days once payment has been received. The maximum delivery time is 30 days unless otherwise agreed.

For a product that is temporarily out of stock, it will be indicated when the product will be available again. 2BTracked-Systems aims to notify the Buyer of delays within two business days after the order.

Deliveries are made to the address provided by the Counterparty during the conclusion of the Agreement.

For deliveries abroad, different conditions may apply, including bank handling fees.

The Counterparty is obliged to take delivery of the purchased items within the agreed period. If the Counterparty fails to do so, 2BTracked-Systems is entitled, based on Article 6:60 of the Civil Code, to demand that 2BTracked-Systems be released from the obligation to deliver the agreed products or to demand payment of the purchase price for the undelivered portion without prior notice of default, notwithstanding the provision in Article 3 paragraphs 5-7 of these general conditions.

Stated delivery times and periods can never be considered as strict deadlines unless explicitly agreed otherwise in writing.

Defects and Complaints Period

The Buyer is obliged to inspect the products immediately upon receipt. Complaints from the Buyer regarding defects in the product or delivery, which are visibly observable, must be reported in writing to 2BTracked-Systems within four (4) days of delivery.

The Buyer, not being a Consumer Buyer, is not entitled to return the products for which there is no justified complaint. If this is done without valid reasons, all costs associated with the return are borne by the Buyer. In that case, 2BTracked-Systems is free to store the products at the Buyer’s expense and risk with third parties.

Hardware and Replacement

The Counterparty obtains ownership of the Hardware at the time of payment of the relevant invoice. The Counterparty will obtain ownership of the Hardware after full payment.

All delivery times stated or agreed upon by 2BTracked-Systems or its official resellers are established to the best of their knowledge based on the information known at the time the agreement was entered into. 2BTracked-Systems makes reasonable efforts to observe the agreed (delivery) times as much as possible. The mere exceeding of a stated or agreed (delivery) period does not put 2BTracked-Systems in default and cannot lead to liability for damages on the part of 2BTracked-Systems. The Agreement cannot be dissolved for this reason. In all cases, even if the parties have explicitly agreed upon a final period in writing, 2BTracked-Systems is only in default for exceeding time after the Counterparty has given 2BTracked-Systems written notice of default. 2BTracked-Systems is not bound by final (delivery) times that cannot be met due to circumstances beyond its control that occurred after the agreement was entered into. Nor is 2BTracked-Systems bound by final delivery times if the parties have agreed to change the content or scope of the Agreement. If any period is exceeded, 2BTracked-Systems and the Counterparty will consult as soon as possible.

2BTracked-Systems determines the delivery method unless otherwise agreed explicitly. The delivery method is stated in the Agreement and/or otherwise.

2BTracked-Systems is entitled to deliver an order in parts at any time.

2BTracked-Systems reserves the right to modify or discontinue the delivery of Hardware, Applications, other software, and/or Services at any time. 2BTracked-Systems will not be liable for damages or otherwise accept liability as a result of exercising this right.

The delivery of the Hardware, including all necessary materials, is at the risk of 2BTracked-Systems until the Hardware is delivered to the address specified by the Counterparty.

The right of return is explicitly excluded for all business purchases.

When extending a subscription of the Counterparty, the Counterparty does not automatically receive new or additional Hardware. If the subscription is terminated, the right to use the Hardware ends, and the Hardware automatically stops transmitting and uploading new data.

If the Hardware does not function properly, the Counterparty must inform 2BTracked-Systems as soon as possible about the defect in the Hardware in accordance with the hardware warranty conditions.

Retention of ownership and rights: All items and products delivered to the Counterparty remain the property of 2BTracked-Systems until all amounts owed by the Counterparty for the delivered or to be delivered items or Services under the agreement, as well as all other amounts owed by the Counterparty due to default in payment obligations, have been fully paid to 2BTracked-Systems. In that case, 2BTracked-Systems retains all rights as the owner. If the Hardware does not function properly, the Counterparty must inform 2BTracked-Systems as soon as possible about the defect in the Hardware in accordance with the hardware warranty conditions.

In the event of non-timely payment, 2BTracked-Systems is entitled, independently and at the risk of the Counterparty, to reclaim the delivered items and products wherever they are located. The Counterparty must cooperate in this regard.

The Counterparty may not encumber, sell, deliver, transfer, or otherwise burden the products before ownership has passed. 2BTracked-Systems grants the Counterparty only a non-exclusive right to use the software. The ownership of the software remains at all times with 2BTracked-Systems. The right to use is not transferable to third parties without prior written permission from 2BTracked-Systems. The Counterparty is not allowed to sell, rent, transfer, or secure the software. The Counterparty will not modify the software, lend it to third parties, or use it for third parties.

If 2BTracked-Systems invokes the retention of ownership, the agreement is considered dissolved, without prejudice to the right of 2BTracked-Systems to claim compensation for damages, lost profits, and interest.

The Counterparty is obliged to inform 2BTracked-Systems immediately in writing of the fact that third parties assert rights to items on which a retention of ownership rests under this article.

Until the Counterparty has fully fulfilled its related payment obligations to 2BTracked-Systems, the Counterparty is not authorized to pledge the delivered items to third parties and/or establish a non-possessory pledge on them and/or bring the items into the actual control of one or more financiers for storage, as this will be considered attributable non-compliance on its part. In such a case, 2BTracked-Systems may immediately, without any notice of default being required, suspend its obligations under the agreement or dissolve the agreement, without prejudice to the right of 2BTracked-Systems to claim compensation for damages, lost profits, and interest.

Notwithstanding the provisions in the other articles of these terms, the agreement between the Counterparty and 2BTracked-Systems is dissolved without judicial intervention and without any notice of default being required at the time the Counterparty is declared bankrupt, applies for (provisional) suspension of payments, is subjected to executory attachment, is placed under guardianship or administration, or otherwise loses the power of disposal or legal capacity concerning its assets or parts thereof, unless the trustee or administrator acknowledges the obligations arising from the agreement as an estate debt.

Liability

2BTracked-Systems is never obliged to pay any compensation to the Buyer or others unless there is intent or gross negligence on its part. 2BTracked-Systems accepts no liability for consequential or business damage, indirect damage, and loss of profit or turnover.

If 2BTracked-Systems is for any reason obliged to compensate any damage, that compensation will never exceed an amount equal to the invoice value concerning the product or service that caused the damage.

In all cases, the period within which 2BTracked-Systems can be held liable for established damage is limited to twelve months from the moment the damage has been established.

2BTracked-Systems is never liable for damage resulting from any defect, including so-called bugs, in the software and/or hardware used by 2BTracked-Systems or the failure of the Network. The question of whether there is a defect/bug is solely at the discretion of 2BTracked-Systems.

The Buyer is obliged to indemnify 2BTracked-Systems against any claim that third parties might make against 2BTracked-Systems in connection with the execution of the Agreement.

It is possible that 2BTracked-Systems includes links to other internet sites on its website that may be interesting or informative for the visitor. Such links are purely informative. 2BTracked-Systems is not responsible for the content of these links.

The content of the website, as well as the content of all other expressions of 2BTracked-Systems on the internet, has been compiled with the greatest care. However, 2BTracked-Systems cannot guarantee the nature, accuracy, or content of that information. 2BTracked-Systems is not liable for any errors, inaccuracies, misunderstandings, delays, or unclear transmission of orders and messages resulting from the use of the internet or any other (electronic) communication medium in the interaction between the Buyer and 2BTracked-Systems or for the consequences of the use of the relevant information. 2BTracked-Systems excludes any liability concerning the advice given and answers to questions unless there is intent or gross negligence.

The operation of the product is partly dependent on infrastructures such as GPS, GSM connection, and internet connections that are beyond the control of 2BTracked-Systems. 2BTracked-Systems is not liable for the proper and uninterrupted functioning of these infrastructures and Networks and the used peripherals or for any outage or unavailability of or disturbances in its system, nor for the possible consequences thereof.

2BTracked-Systems is also not liable for any damage caused by the temporary unavailability of the ordering option, inaccessibility, or deletion of (data) from the website due to maintenance or otherwise.

2BTracked-Systems is not liable for the consequences of the use that the Buyer makes of the product, and the Buyer indemnifies 2BTracked-Systems against all (legal) claims of third parties both in terms of conducting legal proceedings and in terms of (compensation) claims.

The Buyer will not use the product to commit criminal acts and/or unlawful acts or to cause damage to others/third parties, and the Buyer indemnifies 2BTracked-Systems in this respect.

In case of abuse with the Hardware, 2BTracked-Systems reserves the right to block the associated SIM card/Hardware at any time.

2BTracked-Systems is never liable for the costs of installing and removing the hardware. If the hardware no longer functions properly outside the stated warranty period of 24 months, 2BTracked-Systems will charge for the removal and installation of the hardware. Within the stated warranty period of 24 months, 2BTracked-Systems provides the Hardware for installation and removal.

2BTracked-Systems is not responsible for possible damage and/or malfunctions as a result of installations performed by a third party.

If the Hardware is installed in vehicles that drive little or stand still for a long time, it must be considered that the hardware can cause a faster discharge of the battery to which the hardware is connected. In these cases, the Buyer is responsible for recharging the batteries. 2BTracked-Systems is not liable for any damage resulting from this.

Warranty

The hardware warranty period is 24 months. The period starts from the moment the hardware is delivered. The quotation can deviate from this period. The period stated in the quotation is leading.

If visible errors, imperfections, and/or defects occur in the materials used or in the delivered items during the execution of the work, which must have been present at the time of delivery, 2BTracked-Systems will, within the warranty period, repair or replace these items free of charge at its discretion.

There can be no warranty on the hardware if:

• there is normal wear and tear, solely at the discretion of 2BTracked-Systems;
• changes have been made to or in the product, including repairs that were not carried out with the permission of 2BTracked-Systems;
• the original invoice cannot be presented, is altered, or is illegible;
• defects are the result of use not corresponding to the intended use or improper installation;
• damage has arisen due to intent, gross negligence, or negligent maintenance;
• connectors, wiring, or cables are damaged or altered.

Force Majeure

In the event of force majeure, 2BTracked-Systems is not obliged to fulfill its obligations towards the Buyer. 2BTracked-Systems is entitled to suspend its obligations for the duration of the force majeure.

Force majeure is understood to mean any circumstance beyond its control that prevents the fulfillment of its obligations towards the Buyer. These circumstances include strikes, fire, business disturbances, energy disruptions, disruptions in a (communication) network, outages of a network or connection, or used communication systems and/or the unavailability of the website at any time, non or untimely delivery by suppliers or other engaged third parties, and the absence of any government-required permit.

Services

2BTracked-Systems provides its services through the website www.2BTracked-Systems.com and aims for optimal service delivery but cannot guarantee that the service will function error-free or uninterrupted. Services provided by 2BTracked-Systems can be disrupted by (external) factors over which 2BTracked-Systems has no control. Therefore, 2BTracked-Systems cannot guarantee the quality or use of the services.

2BTracked-Systems may change, suspend, or withdraw parts of the services at any time if this is necessary for the maintenance or protection of the services, solely at the discretion of 2BTracked-Systems. This also includes temporary service interruptions for maintenance, which will be announced in advance, unless these interruptions are so short or limited that prior notification is reasonably impossible.

2BTracked-Systems depends on third parties for its services, such as hardware suppliers, the mobile operator’s network, and the availability and quality of the GPS system, which is sensitive to environmental factors. Although 2BTracked-Systems carefully selects its partners, it is never liable to the Counterparty or a third party for any damage or compensation resulting from (defects in) the products and services of these third parties.

To use 2BTracked-Systems’ services, the Counterparty must access the specifically reserved part of the website by using a unique login name in combination with a personal system code. 2BTracked-Systems will make reasonable efforts and take necessary security measures to ensure that access to the specifically reserved part of the website is only possible using the login name and system code chosen by the Counterparty. The Counterparty is responsible for keeping the system code confidential.

All data generated in the context of the service on the specifically reserved part of the website is owned by the Counterparty and is at its risk. 2BTracked-Systems will only use this data to improve its services for the Counterparty and its services in general.

Insofar as personal data is processed on the specifically reserved part of the website, this is entirely at the risk of the Counterparty. The Counterparty will indemnify 2BTracked-Systems for any claim from third parties in this regard.

Risk of Information Storage

2BTracked-Systems undertakes to carefully store data or information received from the Counterparty. Unless proven otherwise, 2BTracked-Systems is deemed to have complied with this obligation.

The reports or data generated based on the items delivered by 2BTracked-Systems may contain imperfections. This can be due to incomplete GPS coverage, incomplete GSM coverage, irregularities in the power supply of the object in which the items are installed, irregularities with the internet/data provider of 2BTracked-Systems or the Counterparty, or local equipment used by the Counterparty to access the internet.

The Counterparty bears the risk of damage or loss of stored data or information at 2BTracked-Systems or third parties or imperfections in the reports or data unless the damage or loss is due to gross negligence, gross negligence, and/or intent on the part of 2BTracked-Systems.

Contract Transfer

The rights and obligations arising from the Agreement cannot be transferred to a third party by the Counterparty without prior written permission from 2BTracked-Systems.

The Counterparty grants permission in advance and cooperates with the full transfer by 2BTracked-Systems of the rights and obligations under the Agreement to a third party, insofar as the transfer is necessary in the context of a business acquisition by or through 2BTracked-Systems, provided that 2BTracked-Systems or the third party guarantees compliance with the agreed terms with the Counterparty.

Confidential Data and Privacy

Each party guarantees that all data received from the other party, known or should be known to be confidential, will remain confidential unless a legal obligation requires the disclosure of that data.

The Buyer indemnifies 2BTracked-Systems against claims from persons whose personal data has been registered or processed in the context of personal registration held by the Buyer or for which the Buyer is otherwise responsible by law.

2BTracked-Systems offers a Platform and Services that collect and analyze real-time information about the use and operation of a vehicle in traffic (Services). These Services are enabled by the use of 2BTracked-Systems hardware, which transmits data via a secure connection to the 2BTracked-Systems platform. By using the 2BTracked-Systems Application on the web browser, mobile phone, tablet, and other portable equipment, the User gains access to the collected data.

2BTracked-Systems uses the data processed by the Hardware, Application, Platform, and Services to provide the Services and for statistical and historical purposes, and to further improve its products and services.

The Buyer agrees to the collection, processing, storage, and use of data.

Processing of personal data of Users to provide the Services will always be done by 2BTracked-Systems in accordance with the law and 2BTracked-Systems’ privacy policy as communicated on the 2BTracked-Systems website.

2BTracked-Systems processes all personal data in accordance with its Privacy Policy. 2BTracked-Systems respects the privacy of each User and handles their personal data with care. 2BTracked-Systems will process all personal data in accordance with European data protection laws, particularly the General Data Protection Regulation (2016/679/EU). 2BTracked-Systems has registered the data processing that takes place in the context of its website and the use of its Services and the 2BTracked-Systems application with the Dutch Data Protection Authority in The Hague.

2BTracked-Systems complies with the requirements set by the tax authorities for trip registration systems. When purchasing this system from 2BTracked-Systems, the Counterparty can be assured of purchasing a reliable system.

Intellectual Property

The Buyer expressly acknowledges that all intellectual property rights to displayed information, communications, or other expressions regarding the products and/or the website are vested in 2BTracked-Systems, its suppliers, or other rights holders.

Intellectual property rights include patent, copyright, trademark, design, and model rights, and/or other (intellectual property) rights, including non-patentable technical and/or commercial know-how, methods, and concepts.

The Buyer is prohibited from using and/or making changes to the intellectual property rights described in this article, such as reproduction without the express prior written consent of 2BTracked-Systems, its suppliers, or other rights holders, unless it is purely for private use of the product itself.

Applicable Law and Competent Court

All offers and Agreements are exclusively subject to Dutch law.

The applicability of the Vienna Sales Convention is explicitly excluded.

All disputes related to or arising from offers from 2BTracked-Systems or Agreements concluded with it will be submitted to the competent court in ‘s-Hertogenbosch.

Final Provisions

Please send all correspondence regarding an agreement or these terms and conditions to in**@2B***************.nl as indicated on the website.

2BTracked-Systems aims to respond to received messages within 2 business days.

2BTracked-Systems is established in the Netherlands and registered with the Chamber of Commerce in ‘s-Hertogenbosch.

These General Terms and Conditions of delivery, service provision, and execution of work by 2BTracked-Systems come into effect on the day of filing with the Chamber of Commerce in ‘s-Hertogenbosch. They should be mentioned as follows: General Terms and Conditions 2BTracked-Systems.