Terms and Conditions
0860-iTrack (487225)
support@itracklive.co.za

iTrack Live Terms and Conditions

Our Products

We offer multiple products, ranging from a recovery only product to a comprehensive fleet management tool. All our products include stolen vehicle recovery, unless otherwise quoted or arranged.

1. Recovery Product
This is a basic vehicle tracking product suitable for private individuals.

2. Fleet Management Lite Product
This is a fleet management product suitable for businesses and organisations. It includes basic features for managing a fleet or vehicles.

3. Fleet Management (Full) Product
This is a comprehensive fleet management product suitable for businesses and organisations. It supports advanced features such as driver ID (remotes), driving behaviour reporting and immobilisation.

The iTrack Live product has the following basic components:

- Physical tracking device
- Fleet management or vehicle tracking service (see details below)
- Stolen vehicle recovery service (see details below)
- Optional driver ID with RF remote
- Optional vehicle starter immobiliser
- Optional cross border service (see details below)

The iTrack Live Fleet Management products are SAIAS approved, but are not intended to be ised as pure recovery products. Our Recovery Product is most suited for stolen vehicle recovery. We recommend that high value vehicles with Fleet Management products, also be fitted with our Recovery product for extra security.

Fleet Management / Vehicle Tracking Service

iTrack Live will provide the services that you have agreed to from the time that the tracking unit is installed in the vehicle, provided you have completed all the necessary paperwork.

You will have online access to a user interface by entering a username and password. The user interface can be accessed via the internet from anywhere in the world. There is no limit to the number of times you can login or how many simultaneous logins can be done by one user. Multiple usernames can be issued upon request at no charge.

The following features are available through the user interface:

- Report generation
- Real-time view of vehicles on a map
- Historic view of data on a map
- Set up rules to trigger SMS or email alerts (the more comprehensive products have a wider range of rules)
- Labelling of known locations and areas as reference points or for use in rules
- Tax log book support (not available Recovery product)
- Driver / remote assignment (purchase of driver identification remote is required for this) (available with Fleet Management Full product only)
- Vehicle immobilisation (installation of starter immobiliser is required for this) (available with Fleet Management Full product only)
- Vehicle service reminders (available with Fleet Management Full product only)
- Vehicle licence expiry reminders (available with Fleet Management Full product only)
- Driver licence expiry reminders (available with Fleet Management Full product only)

Recovery Service

iTrack Live offers a recovery service which is included in our standard prices plans on our products. On special arrangement or on older price plans our recovery service is optional. Should this be the case for your vehicle(s) and the recovery service is not enabled, none of the services attached to the Recovery Service will be provided.

This is a phone-in service. This means that if your vehicle has been stolen or hi-jacked, you have to phone a 24-hour call centre to initiate a recovery.

iTrack Live does not offer an early warning recovery product, although rules can be set up to alert you of unauthorised or suspicious use.

iTrack Live will to the best of its ability and available technology detect accidents and alert you of such. Our algorithms may not detect all accidents and we may occasionally falsely detect accidents.

iTrack Live will to the best of its ability and available technology detect device tampering. If we can not get hold of you or your emergency contacts we will assume that there is a possible theft in action and respond with our recovery team. For this reason, if you or a third party tamper with the tracking unit and you are not contactable, you will be liable for costs as per "Possible Additional Costs" below. If it is unavoidable and the tracking unit will be handled or unplugged, you are required to inform us in advance.

iTrack Live reserves the right to charge you an hourly rate based on its costs for recoveries that are classified as false alerts (that is to say no vehicle theft has taken place), or where incorrect information is given to us by you. These charges will have an upper limit. (See "Possible Additional Costs" for details.)

Recoveries will only be performed on your request where vehicle theft has been or will be reported to the South African police.

Civil matters or disputes between parties known to each other are not considered to be vehicle theft or hijacking. Should this situation arise, you need to inform us of such so that we can refuse to get involved, or to inform you of possible additional costs, and so that we can adjust our strategy if/when recovering the vehicle.

Our focus is to prevent or stop vehicle theft while it is in progress. If you inform us of a vehicle theft so long after the fact that there is no longer an imminent threat of the loss of the vehicle, we reserve the right request assistance from the police service if they are available and not send out a recovery team.

Recoveries can not be initiated outside of South Africa.

Optional Cross Border Service

iTrack Live offers a cross border positioning service. This service allows you to view the position of your vehicle when it is outside of South Africa. There are two cross border services: lite and full. The lite service tries to update the position and historical data every 4 hours. The full service tries to provide the same experience as if the vehicle were in South Africa. In reality, outside of South Africa, especially when traveling between borders, connectivity can be intermittent and reception areas are out of our control, so some interruptions in the service should be expected. This service can only be provided with certain products, and certain limitations apply. (See "Limitations" below.) There is a once off fee charged to activate this service (per vehicle). An additional monthly cross border fee is charged. (See "Possible Additional Costs" below for details.) Note that activating this service does not mean recoveries can be done outside of South Africa. Should your tracking unit be transferred between vehicles, we will not bill the cross border once off fee on the new vehicle if the service was already activated on the previous vehicle.

Contract Details

Our standard contract is a 36-month contract with no upfront amount, unless certain optional extras are included.

The installation is done for free either on-site for our Fleet Managemenet products, or in a drive-in centre for our Recovery products. The tracking device remains the property of iTrack Live, and is installed by us in your vehicle in order to provide the necessary services.

There is no annual escalation of any monthly fees during the contract period.

The monthly fee will be billed every month for the duration of the contract, regardless of whether the services are disabled or active.

Once the contract period is complete and all the monthly payments have been billed, the monthly fee will remain the same or revert to our current prevailing price for that product. At this point, you can stop and start the service a month at a time. If you stop the service after the contract period, you will not be billed for the service any more.

Should your vehicle be stolen and the tracking unit is not recoverable or damaged, the contract fee will still be billed for the remaining period of the contract. The option to replace the unit at a reduced cost will be negotiated with you.

Should you wish to transfer your tracking unit from one vehicle to another, the contract fees will still be charged as per the contract. There are no penalties or extension of contract period for transferring a unit between vehicles.

We will need to perform a credit check before we can proceed with the installations. If your credit check is not successful, you will have the option of a full refund if you have paid for any upfront amounts. We may need to perform credit checks on business owners (if applicable) as well as the organisation who is responsible for payment (if applicable). If you take out a contract in your personal capacity, we will need to perform a credit check on you. For large orders our credit check may include viewing company financials, bank statements and/or trade references.

Should you wish to terminate your contract early, the details will be laid out in the signed contract.

Other Pricing

iTrack Live has other price plans that are obsolete. If you are in a contract or price plan that is different to the Contract Details above, then the details in your contract agreement and/or quote still apply.

Monthly Billing

All regular monthly service fees are billed on the 1st of each month for the service in that month, unless otherwise agreed.

The service will be provided from the day of initial installation, unless the installation is done on a public holiday or weekend, in which case we may only be able to start the service from the next business day. The billing is started from the beginning of the next calendar month or if the service is started on the first day of the month, it will be billed from that month.

The billing of monthly service fees for certain optional extras will be pro rated when the billing start date does not fall on the first day of the month.

For service fees after the contract period, or for optional extras and service fees on other price plans where the service can be stopped or started a month at a time, notice must be given before the 20th of the month before the service is to be stopped for the following month. If the service is restarted during the month (after being previously stopped), the whole month will be charged for.

Payment will be made by debit order either at the beginning of the month or middle of the month for all invoices due up to and including the date of the debit order, unless otherwise agreed. Note that debit orders will carry the reference "ITL" and five digits representing your customer number.

iTrack Live issues all invoices and statements electronically in PDF format via email. A PDF statement will be emailed to you (if you have given us a billing email address) before the beginning of the month.

Service Upgrades

Should you wish to upgrade your service to that of a more comprehensive product, a sales consultant will guide you through the process. Depending on the restrictions imposed by the hardware installed for your initial product selection, we may be able to provide all or most of the services of a more comprehensive product without changing the physical hardware. If this is possible you can upgrade and downgrade one in whole calendar months as an optional extra. If the physical tracking unit needs to be upgraded, iTrack Live will quote you for this.

Non-Payment

iTrack Live reserves the right to block access to the online fleet management or vehicle tracking tools if your account is in arrears. Should this happen, iTrack Live will stop billing you for service if the subscription is out of contract. If the subscription is still in contract, the service (without optional extras) will still be billed. Access will only be blocked on calendar month boundaries. Should the account be settled, iTrack Live will resume access, and bill for the full month if applicable.

We reserve the right to refuse to initiate a recovery if your account is in arrears.

If your account is not settled within a reasonable period, we reserve the right to list you (or your organisation, if applicable) with the South African credit bureaus. This listing will be available to other credit granters.

Possible Additional Costs

iTrack Live charges fees above the standard service or contract fees for:

1. Alerts sent by SMS (the costs for these are clearly explained when you set them up)
2. Transferring a tracking device from one vehicle to another
3. A swop out or repair done on a tracking device under warranty and later found to be not within the conditions of the warranty, or outside of the warranty period
4. Recovery of bank charges for cash deposits and cheque deposits. (We only accept payments by EFT or debit order. If you make a cheque deposit or cash deposit, we will charge you for the bank charges that we incur.)
5. Recoveries that are deemed not to be theft or hijacking, or if you refuse to report the vehicle stolen to the SAPS.
6. Recoveries that are carried out when the recovery option has not been chosen, or has been disabled, tracking unit is not active, or payments are in arrears
7. If someone tampers with the tracking unit, or presses the emergency / panic button, and the tracking unit is active, we will attempt to contact you to determine whether there is a theft or hijacking taking place. However if we can not contact you and the recovery service is active, we will assume that there is a theft or hijacking and send out a team to investigate. If it turns out to be a false alarm, or any situation described by point 5 above, you may be liable for costs (these are detailed under "Additional Cost Rates").
8. Unexpected travel costs incurred by us when doing an installation or repair when the address given to us is incorrect
9. Cross border related fees (these are detailed under "Additional Cost Rates", and are optional)
10. Missed appointments, and waiting for vehicles or keys to be available
11. If the product service is upgraded (provided the physical hardware allows for it)

iTrack Live will inform you in advance (where possible) about any additional costs. Additional costs will be added to the next invoice or invoiced separately if the cost is significant.

Specifically, charges for alerts sent by SMSs will be deferred for up to 12 months from the date of the oldest SMS alert, if all the following conditions are met:

- If the billing for all regular services comes to zero (without the SMS charges)
- If the total unbilled SMS charges are less than R30 excl. VAT (or an amount agreed upon in writing)
- There are any tracking units or services that are active and will be billed going forward

Practically this means that if you are on a prepaid billing arrangement, have been charged for a year of service upfront, or where there is no expectation of invoicing of regular service fees for a long period, we will not be issuing very small invoices which result in extra admin costs for you.

Ownership of Vehicles

You need to either be the owner of or represent the organisation that is the owner of the vehicle(s) in which the tracking units are installed. If this is not the case, we will supply you with forms to be filled out by the owner of the vehicle(s) to give you permission to have the tracking unit installed in their vehicle and track it.

We require proof of ownership of vehicle(s) in the form of scanned registration or licence papers from the traffic department, or otherwise agreed.

Handling and Storage of Tracking Units

The tracking unit remains property of iTrack Live and as such we have the right to keep it in our possession as necessary when transferring a tracking unit from one vehicle to another, or for other reasons. This can happen when we remove a tracking unit from one vehicle, and the new vehicle is only available at a later stage.

We do not allow customers to keep the tracking devices physically in their possession. We do this for three reasons:

1. Security - we do not want our tracking units to be unaccounted for at any time. We need to be able to prove at any time that our tracking units have not been tampered with.
2. We can perform maintenance on the tracking unit. In some cases, when timing is tight, we will install a new tracking unit into your vehicle. We will never downgrade the hardware.
3. There is a SIM card inside each tracking unit. iTrack Live always owns the SIM card and is responsible for the costs incurred on it. It is our responsibility to look after it.

Installations

When installations for our products are being done on-site, the following are requirements for iTrack Live to perform its necessary tests to approve the installation:

- The vehicle needs to be outside in the open
- Our installers need to be able to start the vehicle's engine, or have you start the engine
- The battery in the vehicle should be charged enough to start the vehicle, and should still be connected

Should your vehicle(s) be parked undercover, please ensure that someone is available to move the vehicle when the installation needs to be checked. Should our installer not be allowed or not have access to move the vehicle outside or start the engine, iTrack Live reserves the right (should the installation not work successfully once the vehicle is driving outside) to charge you for the installer to come back and adjust the installation to pass our tests.

Our Recovery product installations are done at drive-in centres unless otherwise arranged.

Limitations

The iTrack Live product relies on GPS and GPRS for its tracking and communications, respectively.

iTrack Live relies on the mobile operators in South Africa. Should the data communication service from an operator stop working temporarily, the fleet management or vehicle tracking service can not be provided according to the product specifications. A backup SMS system can be used by us when GPRS is not working, in urgent situations. The Fleet Management tracking units can store at least 100 hours worth of data with continuous driving for when communications are not possible.

The data is stored on servers in a highly protected, secure environment. Your tracking data is stored for at least 20 years.

In the unlikely event of the entire GPS service being suspended or degraded, the iTrack Live products will not be able to track to the degree of accuracy specified. A backup cellular positioning system can be used in emergencies only which is less accurate.

GPS and GSM jammers are illegal, but are sometimes used by criminals. iTrack Live will as much as possible alert you when a jamming device is detected by the tracking device. Be aware that a GPS jammer will prevent the tracking device from providing locations. A GSM jammer will prevent information being transmitted to our servers in real-time, however the information is stored until it can be transmitted successfully. Certain badly designed FM transmitters can interfere with GPS reception. It is your responsibility to ensure that there are no FM transmitters in the vehicle should the problem arise. iTrack Live can not be held responsible for GPS or GSM signals being jammed intentionally or unintentionally.

iTrack Live reserves the right to service and/or upgrade the tracking unit every 3 years. For Fleet Management products, an iTrack Live installer will come out to you to do this provided the vehicle is in South Africa and not in too remote an area. For recovery products you may need to bring the vehicle into one of our drive-in centres.

iTrack Live tries as much as possible to alert its customers of faulty hardware or potential problems, but ultimately it is your responsibility to ensure that your tracking unit(s) are working correctly. This can be done by logging into your account online. Automatic daily health checks are done by iTrack Live, and you will automatically be notified via email (unless otherwise arranged) of any faults that we can detect.

Liability

iTrack Live will not accept any liability for any damage to any property caused directly or indirectly by the product or services attached to it. iTrack Live will not accept any liability for any property stolen and not recovered successfully, even due to the product being defective.

Insurance Approval

The iTrack Live products have been SAIAS approved, which is the requirement for most insurance companies with respect to vehicle recovery products. However, if insurance compliance is a requirement for you, it is your responsibility to check that our product meets your insurance company's requirements before making your purchase from iTrack Live.

Warranty

iTrack Live offers a 5-year warranty on the tracking unit on condition that the tracking unit is fitted in a vehicle by an iTrack Live approved installer, the unit has not been damaged in an accident, the unit has not been damaged by any liquid or contaminant caused by a leak or spill in the vehicle, the wiring or tracking unit have not been tampered with by anyone, the unit has not been damaged physically, in a fire or by extreme temperatures. Should a tracking unit not be working, iTrack Live will swop it out at its cost provided the vehicle is in South Africa. In remote locations, it may take longer to make arrangements to have an installer come out (if applicable). Where possible, iTrack Live will warn you in advance of the potential costs to you on any repair work that is not covered by our warranty.

Additional Cost Rates

The following table details our costs of additional services. These costs are subject to escalation in line with inflation on a yearly basis, (with the exception monthly services when in contract period). (All prices are exclusive of VAT.)

Transfer from one vehicle to another
(both vehicles must be in the same location at the same time)
(Add R150 for immobiliser transfer)
R 600
Transfer from one vehicle to another
(separate installation and removal in different locations or different times)
(Add R150 for immobiliser transfer)
R 750
Removal
(Add R50 for immobiliser installations)
R 300
Installation
(other than the initial free installation)
(Add R100 for immobiliser installations)
R 450
Travel cost
(only if agreed upon in advance, or incorrect information is supply to us)
R 3.50 / km
Missed appointment
(if an appointment is cancelled later than 1 hour before the time or not cancelled at all)
R 300
Waiting time
(if a vehicle is not available, and our installer has to wait)
R 100 / h
(max 2h)
Cross border (lite service, no per poll fee) monthly fee per vehicle
(the cross border service can be turned on and off on a monthly basis)
R 70
Cross border (full service - Neighbouring Countries, no per poll fee) monthly fee per vehicle
(the cross border service can be turned on and off on a monthly basis)
R 150
Cross border (all services) once off fee per vehicleR 100
SMS triggered by rule alert
(this will only happen when you set up rules that trigger SMS alerts)
R 1
Recovery rate per hour (for recovery customers only)
(this is only charged to you in certain circumstances. See Optional Recovery Service for details)
R 650
Recovery rate upper limit per incident (for recovery customers only)
(if we have to charge you for recovery services)
R 2600

Removal of Old Tracking Units or Other Equipment

iTrack Live will not remove tracking devices or other equipment already installed into vehicles. If this is needed, please contact the relevant providers of the equipment or have an independent auto electrician do this.