1. INTERPRETATION

 

In this Agreement:

 

1.1 Clause headings are for convenience and shall not be used in this interpretation.

 

1.2 Unless the context indicates a contrary intention, an expression which denotes any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa and the following expressions bear the meanings assigned to them below and cognate expressions bear corresponding meanings:

 

1.2.1 “Agreement” means this agreement, including the front page, as well as any other annexure from time to time incorporated by reference to this agreement.

 

1.2.2 “Authorized users” means those who may be authorized by the Customer to request position updates in respect of the vehicle from the STAR TECH or to request immobilization of the vehicle.

 

1.2.3 “Commencement date” means the date of the installation certificate.

 

1.2.4 “Vehicle” means the vehicle in which the product will be installed.

 

1.2.5 "Customer" means the subscriber who is the person and/or company whose full details are set out on the face of the document, paragraph 1 and/or 2 hereof.

 

1.2.6 "STAR TECH MC" means Star Tech Monitoring Centre.

 

1.2.7 “GSM Service” is the service rendered by a cellular service provider for transmitting location and speed data from the product to an authorized user’s cell phone and the STAR TECH MC.

 

1.2.8 “Installation Certificate” means the certificate issued by a STAR TECH installer certifying that the product has been successfully installed in the vehicle.

 

1.2.9 "Occurrence" means the happening of an event which initiates the recovery process or some other action for which the product is designed.

 

1.2.10 "Product" means the STAR TECH Secure range of products to be installed in the Customer’s vehicle.

 

1.2.11 “Service” means the package of services detailed in the price list and GSM Services contract, regarding each version of the product.

 

1.2.12 "SMS" means Short Message Service.

 

1.2.13 “Subscription charge” means the monthly amount (exclusive of VAT) payable by the Customer for the service as set out on the face hereof.

 

1.2.14 “Territory” means Bangladesh.

 

1.2.15 "User manual" means the user manual in respect of the product to be installed for the Customer on the installation of the product.

 

1.2.16 “VAT” means Value Added Tax payable in terms of the Value Added

 

 

 

2. DURATION

 

This agreement shall commence on the commencement date and shall endure for a fixed period of 36 (THIRTY-SIX) months from the commencement date where after it shall continue indefinitely unless and until it is terminated by either party on the giving of 3 (THREE) months written notice to the other party.

 

 

3. SUBSCRIPTIONS

 

3.1 The Customer shall pay the monthly subscriptions in advance by way of direct bank debit order to STAR TECH/Mobile Banking/Cash from time to time. STAR TECH shall be entitled to increase the subscription by the giving of not less than 30 (THIRTY) days written notice to the Customer.

 

3.2 If a third party is paying the Customer’s subscription, this shall in no way limit the Customer’s obligation to pay such subscription in the event of the third party failing to do so.

 

3.3 The Customer agrees that the amounts contained in a Tax Invoice issued by STAR TECH shall be due and payable unconditionally in cash on installation or, if the Customer is a Credit Approved Customer, within 30 (THIRTY) days from the end of the month in which the Tax Invoice has been issued by STAR TECH.

 

3.4 The Customer may not withhold payment of any amount due in terms of this contract for any reason whatsoever and no extension of time for payment of any amount shall be binding unless agreed to in writing by STAR TECH.

 

3.5 The Customer is not entitled to set off any amount due to the Customer by STAR TECH against this debt.

 

3.6 Any printout of computer evidence tendered by any party shall be admissible evidence and no party shall object to the admissibility of such evidence purely on grounds that such evidence is computer evidence or that the requirements of the ICT Act 2006 have not been met.

 

3.7 The Customer expressly agrees that no debt owed to STAR TECH by the Customer shall become prescribed before the passing of a period of 6 (SIX) years from the date the debt falls due.

 

 

4. LIMITATION OF LIABILITY

 

Whilst STAR TECH shall take every care to ensure that all reasonable efforts are made regarding the product and the service, such product and service can be affected by factors outside STAR TECH’s control. STAR TECH does not, accordingly, provide any warranty nor accept any liability arising in respect of any failure in the provision of the service arising from any negligence or gross negligence on the part of STAR TECH or any damage, including any loss of profits, business or revenue, or any consequential loss suffered by the Customer as a result of any failure of the product. The Customer remains responsible for ensuring that the product is comprehensively insured at all times, whether on a rental option or otherwise.

 

 

5. CUSTOMER'S RESPONSIBILITY

 

5.1 The Customer should, weekly, upon prior notification to STAR TECH, test the alarm statuses where applicable with the STAR TECH MC to ensure that the product is always in good working order.

 

5.2 The Customer shall inform the vehicle manufacturer of the fitment of the product where the vehicle manufacturer requires such notification.

 

6. STAR TECH'S RESPONSIBILITY

 

6.1 Whilst every care will be taken by STAR TECH in the installation of the product, no liability shall be assumed of any nature whatsoever by STAR TECH in respect of there being any damage to the vehicle as a result of such installation of the product in the vehicle, before or after installation, unless noted on the installation certificate.

 

6.2 STAR TECH shall be responsible for the repair and/or replacement, in its sole discretion, of the product, or any parts thereof at no charge to the Customer during the first 36 (Thirty-Six) months from the date of installation where the product is found to be defective due to faulty components, workmanship or design, but excluding any tampering, modification, collision and/or other damage sustained by the product outside the control of STAR TECH.

 

 

7. SUSPENSION AND TERMINATION OF SERVICE

 

7.1 STAR TECH may, at any time, without notice and without incurring any liability whatsoever, suspend the service either in whole or in part in the event of any one or more or all of the following occurring:

 

7.1.1 Technical failure of the GSM network and/or its reporting structures, modifications/maintenance to the GSM network by the GSM service provider.

 

7.1.2 Due to any Government and/or regulatory authority requirement.

 

7.1.3 The GSM provider ceasing to make the network available to STAR TECH or if it stops trading for any reason whatsoever.

 

7.1.4 The Customer defaults in terms of the operating instructions in the user manual or fails to make any payment of any instalment on the due date thereof.

 

7.1.5 STAR TECH is prevented from rendering the service due to force majeure.

 

7.1.6 Any cancellation by either party after the initial period of contact.

 

7.1.7 Automatically and without prior notice and without liability on the part of STAR TECH, in the event of the Customer utilizing the service in any manner deemed by STAR TECH in its sole and absolute discretion to be inappropriate (and the Customer hereby indemnifies and holds STAR TECH harmless against any claim that may arise against STAR TECH as a result of such improper use of the service). Automatically, further, if the Customer or authorized user misuses the system.

 

 

8. CESSION AND DELEGATION

 

The Customer may not delegate, cede and/or in any other way deal with the product and/or this contract without STAR TECH’s prior written approval.

 

 

9. OPERATION IN TERRITORY

 

The Customer acknowledges that the product will only operate in the territory in the event that a GSM network of the GSM service provider is available and obtaining a signal in the area where the vehicle is being operated.

 

 

10. OWNERSHIP

 

Ownership in the Sim card and connected GSM subscription shall always vest in STAR TECH.

 

 

11. GENERAL

 

11.1 This document contains the entire agreement between the parties and neither of them shall be bound by any undertakings, representations, warranties, promises and the like not provided herein and no alteration or addition to this agreement shall be valid unless agreed to by both parties, reduced to writing and signed by the Customer and duly authorized a representative of STAR TECH.

 

11.2 If STAR TECH institutes any legal proceedings of any nature whatsoever against the Customer arising out of this agreement, the Customer shall be liable to pay all the legal expenses of STAR TECH on the attorney and own client scale, including but not limited to any tracing fees, collection charges, valuation fees, stamp duties or any other costs STAR TECH may incur in respect of such an action.

 

11.3 Any document shall be deemed duly presented to and accepted by the Customer (i) within 5 days of prepaid registered mail to any of the Customer's business or postal addresses or to the personal address of any director, member or owner of the Customer; or (ii) within 24 hours of being faxed to any of the Customer's fax numbers or any director, member's or owner's fax numbers; or (iii) on being delivered by hand to the Customer or any director, member or owner of the Customer; or (iv) within 48 hours if sent by overnight courier or (v) within 7 days of being sent by surface mail; or (vi) within 24 hours of being e-mailed to any e-mail address provided by the Customer.

 

11.4 The Customer chooses its address for any notification or service of legal documents or processes as the business address or the physical addresses of any Director (in the case of a company), Member (in the case of a close corporation) or of the Owner(s) or Partner(s).

12.6 The Customer undertakes to inform STAR TECH in writing within 7 days of any change of Director, Member, Shareholder, Owner or Partner or address or 14 days before selling or alienating the Customer’s business and failure to do so will constitute a material breach of this Agreement. Upon receipt of such written notification, STAR TECH reserves the right, at its sole discretion, to withdraw any credit facility advanced to the Customer.

 

11.5 The Customer hereby consents to the storage and use by STAR TECH of the personal information that it has provided to STAR TECH for establishing its credit rating and to STAR TECH disclosing such information to credit control companies, banks and other institutions involved in rating credit. The Customer agrees that STAR TECH will not be held liable for the good faith disclosure of any of this information to such third parties and that no further specific consent needs to be obtained for the transfer of such information to a specific third party

 

11.6 Each provision of this Agreement is severable from the other provisions. Should any provision be found to be invalid or unenforceable for any reasons, the remaining provisions of this Agreement shall nevertheless remain binding and continue with full force and effect.

 

11.7 Any order is subject to cancellation by STAR TECH due to acts of God or any circumstance beyond the control of STAR TECH, including (without restricting this clause to these instances): inability to secure labor, power, materials or supplies, war, civil disturbance, riot, state of emergency, strike, lockout, or other labor disputes, fire, flood, drought or legislation.

 

11.8 Any order is subject to cancellation by STAR TECH if the Customer breaches any term of this Agreement or makes any attempt of compromise, liquidation, sequestration, termination or judgment is recorded against the Customer or any of its principals.

 

11.9 Ownership in all goods sold remains the property of STAR TECH until they are paid for in full.

 

 

12. INDEMNITY

 

12.1 The Customer hereby indemnifies STAR TECH against any claims for damage to the vehicle resulting from a refusal on the part of the vehicle manufacturer to honor the vehicle warranty or maintenance plan, which refusal is based on the product has been fitted to the vehicle.

 

12.2 The Customer indemnifies STAR TECH against any claims for damage to the vehicle which are not covered by the vehicle manufacturer's warranty, and which can be linked to the Product installation and/or functioning.

 

12.3 Where the Customer has selected the immobilization option, he acknowledges that neither STAR TECH, its subsidiaries or affiliates accepts or shall have the liability of whatever nature and howsoever arising in respect of any claim, damages, loss, expense, injury or loss of life which may occur directly or indirectly as a result of the immobilization function functioning, not functioning or malfunctioning.

 

 

13. BREACH

 

If the customer fails to pay any amount due in terms of this Agreement, or is in breach of any other term of this Agreement and after having received due notice thereof from STAR TECH and failing to remedy such breach within 7 (SEVEN) days thereof, then and in that event STAR TECH shall be entitled:

13.1 to immediately institute action against the Customer claiming from the Customer the full balance outstanding in respect of any the uncompleted portion of the initial period of 36 (THIRTY-SIX) months, or

 

13.2 to cancel the Agreement and take possession of any goods delivered to the Customer and claim any damages suffered. These remedies are without prejudice to any other right STAR TECH may be entitled to in terms of this Agreement, or Law.

 

13.3 In the event of cancellation by STAR TECH, the Customer shall be liable to pay (a) the difference between the selling price and the value of the goods at the time of repossession and (b) all other costs incurred in the repossession of the goods. The value of repossessed or retained pledged goods shall be deemed to be the value placed on them by any sworn valuator after such repossession and such valuation shall be conclusive proof of the value. If the goods are not recovered for any reason whatsoever, the value shall be deemed to be nil.

 

 

14. INSURANCE

 

If the Subscriber accepts this option, STAR TECH will keep the unit insured against all risks of theft or damage from collision and/ or any other damage sustained by the product for the duration of the contract.

 

 

15. TERMINATION

 

If the Subscriber wishes to terminate this Agreement for any reason whatsoever within the first 30 days, the Subscriber may apply to STAR TECH for such with a cancellation a penalty of 20% of the remaining Agreement term plus De-installation costs and return of the tracking unit to STAR TECH.

 

 

16. SURETY

 

The signatory hereby binds himself/herself in his/her personal capacity as surety and co-principal debtor in solidum for the due performance of all the Clients obligations under this Agreement.

 

 

 

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Return and Refund Policy

Star Tech is pleased to provide a 30-day money-back guarantee. We encourage you to install and test the devices within 30 days of delivery to ensure you are fully satisfied with your purchase.

 

Devices must be fully functional and in good physical condition to qualify for a refund.

 

Please note that this Return and Cancellation Policy does not apply to term contracts such as Client Service Agreements.

 

30-Day Money Back Guarantee

 

If you are not satisfied with your purchase, you may return it within 30 days (from delivery date) and receive a refund for the full cost of the hardware, the activation, and first month's service fee, less the shipping costs to your location.

 

30- to 90-Day Money Back Guarantee

 

If you are not satisfied with your purchase, you may return it between 30 and 90 days (from delivery date) and receive a refund for the full cost of the hardware, less 15% restocking fee, the shipping costs to your location, and relevant activation and monthly service fee(s).

 

After 90 Days

 

No refunds will be given after 90 days.

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Privacy Policy

We take your privacy very seriously and ensure that any personal information you send to us is kept confidential. Any information provided to us will not be sold, shared, rented or in any way distributed to a third party except in cases that are required by law.

 

We may contact you, using information you have provided to us, to explain product offers, service enhancements - we only collect your information in order to provide you with services that meet your needs.

 

Upon your request, we will delete any data we have about you at any time. To do so, please call us at 01778557722 or Contact Us.

 

This privacy statement applies solely to the information collected through this website.

 

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If you have any questions regarding this Privacy Policy, please Contact Us.