Terms of service

1. The parties

1.1. The Contractor is the company that provides the gpsX service, with the details given below.

1.2. The Subscriber is a taxi park (a legal entity or a sole trader) that has signed a contract with the Contractor or accepted this offer.

Company

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Tax ID (VÖEN)

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Address

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Phone

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E-mail

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Bank

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Bank code

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SWIFT

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Correspondent account

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Account (IBAN)

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2. Accepting the offer

2.1. The Subscriber accepts the offer by signing a contract with the Contractor, by paying the Contractor’s invoice, or by ticking the box that accepts the offer before paying by card on the site.

2.2. To accept the offer is to agree to all of its terms.

3. The service

3.1. The Contractor provides the Subscriber with the GPS tracking service as a subscription: a monthly subscription for each tracker, to the extent agreed in the contract.

3.2. The Subscriber’s cabinet (web and mobile app) has:

• the cars’ live position and speed on the map;
• the history of trips and stops;
• reports;
• zones: when a car enters and leaves a zone;
• commands to stop the engine remotely and to restore it, where the tracker supports them;
• invoices and payment.

4. Trackers

4.1. The Contractor installs the tracker in the car. Under the contract the tracker is either handed over to the Subscriber as their property or rented to them.

4.2. A tracker’s subscription is charged from the day it is installed in the Subscriber’s car until the Subscriber gives it up, even if the tracker is later taken out of the car.

4.3. Returning a rented tracker to the Contractor counts as giving it up: from the next month that tracker is no longer on the invoice.

5. Price

5.1. The price of the service is set by the contract and shown each month on the invoice the Contractor issues.

5.2. The invoice is issued at the start of each month for the Subscriber’s trackers. The due date is shown on the invoice.

6. Payment

6.1. The Subscriber pays the invoice by the due date shown on it, in one of two ways:

• a transfer to the Contractor’s bank account above, with the subscriber number in the payment reference;
• by Visa or Mastercard card on the site’s “Pay your subscription” page, by subscriber number, through Kapital Bank’s payment page.

7. When a payment counts

7.1. A transfer counts as received on the day it reaches the Contractor’s account; a card payment, at the moment the bank confirms it.

7.2. The amount paid goes to the Subscriber’s unpaid invoices. Anything paid beyond them goes to the invoices to come.

7.3. When paying by card, the card details are typed only on Kapital Bank’s page. The Contractor never sees or stores them (see the “Payment security” page).

8. When access is restricted and restored

8.1. If an invoice is not paid by its due date, access to the cabinet is restricted in stages:

• 3 days after the due date the cabinet is open for viewing only: the map, history and reports can be seen, while changes and commands are closed; only the command to restore the engine stays open, so that no car is left stranded over a debt;
• 7 days after the due date the map, history and reports are empty; only the invoices, payment and your own profile stay open;
• signing in to the cabinet is never closed: the Subscriber can always sign in and pay;
• no data is lost: the trackers keep sending data in the meantime, and all of it is kept;
• once the debt is paid, full access is restored at once.

9. Liability

9.1. Where a party fails to perform its obligations, or performs them improperly, it is liable under the law of the Republic of Azerbaijan and the contract.

9.2. The Contractor is not liable for interruptions caused by a lack of mobile network or GPS signal, by a tracker being damaged or switched off, or by any other cause beyond the Contractor’s control.

9.3. The Subscriber does not share the cabinet’s sign-in details with third parties and is responsible for whatever is done with them.

9.4. The Subscriber gives the command to stop the engine remotely by their own decision and at their own responsibility.

9.5. Neither party is liable for failing to perform its obligations because of force majeure (natural disaster, fire, war, decisions of public authorities, and other events beyond the parties’ control).

10. Disputes

10.1. Disputes are first settled by negotiation. The Subscriber sends a complaint in writing to the Contractor’s e-mail address.

10.2. If no agreement is reached, the dispute is settled by the courts of the Republic of Azerbaijan under the law of the Republic of Azerbaijan.

10.3. This offer is governed by the law of the Republic of Azerbaijan.

11. Final provisions

11.1. The Contractor may change the offer. A new text takes effect on the day it is published on this page; its date is shown at the top of the page. Invoices already issued are paid on the terms under which they were issued.

11.2. How to give up the service and how money is returned is on the “Cancellation and refunds” page; how data is protected, on the “Privacy policy” page.

11.3. Where the Azerbaijani and English texts differ, the Azerbaijani text prevails.