1. Installation and use
1.1. The Customer will use Linxio hardware and software in accordance with the User Manual and Installation Manual and will ensure that all other persons operating the Linxio devices and Tracking Services are familiar with the operation, Installation of hard-wired Linxio devices need to be installed by a qualified auto-electrician to avoid voiding any warranty.
1.2. Price quoted for installation is within 25kms of major capital cities (Sydney, Melbourne, Brisbane, Adelaide, Perth, Darwin, Hobart, ACT). Outside this radius will incur an additional travel, or call out fee.
1.3. In the event where an installation date and time is booked in and the installer needs to wait for the vehicle/s to become ready, there will be a waiting charge of $50 per 30 minutes of waiting, if the installer arrives on site and the vehicles are unavailable and needs to reschedule, a $150 call out fee will be charged to the customer. (Metro only, non-inclusive of GST)
2. Live Tracking Service
2.1. In return for a Software Plan, also known as tracking fee, Linxio will provide the Tracking Services as requested by the Customer, commencing on the date agreed upon by the Customer and Linxio. The customer acknowledges that this software platform may change in look and feel as we regularly perform free software upgrades.
2.2. The Customer acknowledges that all Software, Mapping Data and Reports remain the property of Linxio and the Customer has rights to the use of Tracking Services when Software Plans are paid in full and up to date.
2.3. Where the Customer has not prepaid for Management Services, the Customer may be unable to access its asset tracking data and Linxio may not be obliged to provide the Management Service whilst the Software Plan remains unpaid.
3. Prices and Payments
3.1. Title of hardware remains the property of Linxio and does not pass onto the Customer until the devices have been paid in full for both hardware and installation.
3.2. Customer agrees to pay for goods and services by direct debit, the Customer agrees that Linxio is authorized to deduct all due payments on the due dates.
3.3. Where the Customer makes payments to Linxio by way of credit card, the Customer must immediately notify Linxio of the loss, theft or expiry of the particular credit card.
3.4 Linxio offers the first month of service free of charge starting on the date of signing the service agreement form
4. Risk
4.1. The Customer expressly acknowledges that due to circumstances beyond the control of Linxio, including (but not limited to) software viruses, power failure, electrical or topological interference, equipment malfunction, tampering by unauthorised persons and the actions and omissions by suppliers of telephone services, Police or Emergency Services or security patrol services, the Linxio Devices and Tracking Services may not operate as designed on a continual basis. The Customer also acknowledges that Linxio is not responsible for damages to the Devices and Tracking Services or their failure to perform, as a result of any location, accident, vandalism or other consequence.
4.2. The Customer therefore understands and agrees that Linxio will not be responsible for the failure of the Linxio Devices and Tracking Services, and any resulting loss or damage to the vehicle or asset the device has been installed into, customer also acknowledges that installing the Linxio device into a vehicle could potentially cause damage to vehicle.
4.3. The Customer acknowledges that Linxio is not responsible for malfunction of or failure to function by the Third Party Equipment or any damages caused as a result of such failure or malfunction or damage to the vehicle the device has been installed in. Customer acknowledges that installing any Third Party Equipment into a vehicle could potentially cause damage to vehicle.
4.4. The Customer acknowledges that regardless of the quality of data obtained by the Linxio Devices and Tracking Services or GPRS Service provider, the Customer is liable to pay any agreed charges, until a written Termination of Services is received from the Customer.
4.5. The Customer acknowledges that the laws vary between states and is advised to check the Surveillance Act for their local area.
5. Termination
5.1. The Customer may terminate this agreement by giving at least 30 days written notice to Linxio. Where the Customer is in default or the Customer terminates this Agreement, no refund of prepaid Tracking Services fee will be payable. The Customer must pay any outstanding bills as detailed in the Agreement up to the date of termination.
5.2. Linxio may terminate this Agreement by written notice. Where Linxio terminates this agreement, a pro-rata portion of the software fee for the period not yet expired will be refunded to the Customer.
5.3. If under contract, upon Termination, the Customer is responsible for paying out the remainder of their contracts total monthly Ongoing plan cost, multiplied by the number of months remaining, plus the cost of the devices. Standard contract term is 36 months starting from the Contract Start Date unless changed in writing and approved by a Linxio Representative.
5.4 The Customer acknowledges that all hardware purchased has been either specially ordered or customised for each and every client differently and therefore no refund is offered after hardware has been purchased.
6. Warranty
6.1. Linxio warrants that the hardware supplied will be free from defects in materials for a period of 36 months from installation date, any such defects will be remedied by repair or replacement at the discretion of Linxio. This warranty shall only apply when the goods are used for their intended purpose and does not apply to any Third Party Equipment forming part of the Order but Linxio will endeavour to preserve and pass onto the Customer and any third party warranty applicable to Third Party Equipment.
6.2. Where hardware installation has been completed by a Linxio representative, warranty on labour is covered for a period of 7 days after the installation completion form has been signed which is considered the install date.
6.3. Linxio provides back-to-base warranty for hardware, and will not cover any labour for a technician to remove hardware and/or reinstall hardware, if a Linxio technician is required for any such labour, this will be charged at $75 for a removal and $75 for a re-installation (Metro only, non-inclusive of GST).
6.4. Where operation of Linxio is dependent on third party telecommunications infrastructure, landline, or radio communications service, Linxio shall not be responsible for system or product performance due to the unavailability of these services.
6.5. This warranty shall become null or void if:
6.5.1. Installation of hard-wired devices have been completed by an unqualified auto-electrician or any person who is not authorised by Linxio to install, modify, service, repair, assemble, disassemble, tamper with or remove the Linxio devices (or components thereof), does so and causes damage
6.5.2. Linxio devices are affected by fire, water, flood, frost, ice, wind, fusion, immersion in any liquid, lightning, power surges, induced electrical surges including but not limited to Radio Frequency or Electromagnetic Interference, earthquake, elements of nature or an act of God, vandalism, strikes or industrial strife, theft, accident, war, lockouts, road closure, or any similar cause beyond the reasonable control of Linxio;
6.5.3. Linxio devices are physically or operationally abused or damaged whether deliberately or by misuse.
6.5.4. Linxio devices are affected by any system or asset malfunctions caused by abnormal operation or by unspecified, undocumented or unexpected operation of any third party computer hardware or system.
7. Coverage / Internet & Wireless Telecommunications
All signal coverage indicated on maps provided by telecommunications providers are intended as a “guide only” at the time of publication. As with any network based on satellite and wireless technology, local conditions may impact on the reception within the coverage areas, this may include such things as mountains, hills, bridges, power lines, road cuttings, tunnels, concrete buildings etc.
The Supplier is not in control of the wireless networks and internet connections used and cannot accept responsibility for any shortcomings or failures of any satellite, wireless, telecommunication networks or internet connections utilised in the delivery of the products and services. Nor can the Supplier be held responsible for any inability to deliver due to any failures or downtime of any satellite, wireless network or internet connections used, even if such downtime causes the Customer to be financially prejudiced or prejudiced in any other manner.
8. Locations and positions
The GPS unit will periodically report locations and positions back to the Supplier’s server’s for listing in the Customers secured area of our web site. The Global Positioning System (GPS) is a satellite-based system that provides location and timing information around the globe.
GPS is operated and controlled under the sole responsibility of the Government of the United States of America, who are responsible for its availability and accuracy. Any changes in GPS availability and accuracy, or in environmental conditions, may impact the operations of the device. The Supplier cannot accept any liability for the availability and accuracy of GPS.
