GENERAL TERMS AND CONDITIONS OF COMPANY ALFA LOGISTIKA Ltd. FOR PROVIDING COMPUTER SYSTEM SERVICES GPS MARINE

INTRODUCTORY PROVISIONS

1. Article

These General Terms and Conditions governing the relations between the company ALFA LOGISTIKA Ltd. Andrije Hebranga 16, 47 000 Karlovac,Croatia,  VAT ID: 02706843298, as an authorized provider of computer system services Gps Marine (hereinafter: ALFA LOGISTIKA, system supplier or supplier, company) and the customer of computer system services (hereinafter: the client, customer or user).

ESTABLISHMENT OF A CONTRACTUAL RELATIONSHIP

2. Article

The establishment of a contractual relationship is possible in the following ways:

• By the lease agreement,
• Through the web store,
• Through the subscription model.

If a System Lease Agreement is based, then the agreement is based on a form in which the following information will be entered:

• Indication of the type of contract,
• information about the client, including personal identification number (VAT ID or Personal ID), address for delivery of invoices for services provided, address for delivery of notifications, e-mail address, e-mail address for receiving invoices in electronic form.
• Number of leased user and data packages,
• The date of entry into force of the contract from which the client is obliged to pay a monthly rent for leased user and data packages,
• The duration of the contractual relationship in months, i.e. an indication that the contract is concluded for an indefinite time or for a definite time,
• Statement of the client confirming that he is familiar with the General Terms and Conditions and that he accepts the General Terms and Conditions.

If the contract is based on a web store, then the supplier sends the customer a confirmation of the contracted service to the email address of the customer, which contains information:

• information about the client,
• number of leased user and data packages,
• service activation day,
• the duration of the contractual relationship in months,
• Link to the general terms and conditions of the supplier.

If the contract is based on the subscription model, then the supplier sends the customer a confirmation of the contracted service to the email address of the customer, which contains information:

• information about the client,
• number of leased user and data packages,
• the date of entry into force of the contract (subscription start date),
• the duration of the contractual relationship in months,
• Link to the general terms of the supplier.

TYPES OF LEASE CONTRACTS-CONTRACT MODELS

3. Article

Computer systems services can be contracted through the following contract models:

• lease agreement,
• via the web store,
• via the subscription model.

4. Article

The subject of the System Lease Agreement is the lease of a computer system. According to the System Lease Agreement, the Supplier leases the user and data packages specified in the System Lease Agreement.

The equipment is not the subject of this system lease agreement because, in the case of concluding this agreement, the customer is considered to have purchased the equipment from the supplier.

5. Article

The subject of the contract if the service is contracted through the web store is the rental of a computer system for a predetermined time that the customer pays to the supplier before activating the service or delivery of equipment. The equipment is not the subject of this system lease agreement because, in the case of concluding this agreement, the customer is considered to have purchased the equipment from the supplier.

6. Article

The subject of the contract if the service is contracted according to the subscription model is the rental of a computer system for a predetermined time, which the client pays to the supplier before activating the service or delivery of equipment. The difference between this type of contract/model is that when concluding this contract model, it is considered that the sale of the service was not concluded or realized on the web-store.

The equipment is not the subject of this system lease agreement because, in the case of concluding this agreement, the customer is considered to have purchased the equipment from the supplier or already owns it.

CONTRACT CHANGES

7. Article

All amendments to the lease agreement of the contracting party will be regulated by the new lease agreement.

CONTRACT DURATION

8. Article

The system lease agreement can be concluded for a definite time or for an indefinite time.

The contract, concluded for a web store can be concluded for a definite period, and after the expiry of the contractual period of service will be turned off automatically, unless the client does not extend the service before its expiration.

A contract concluded according to the subscription model can be concluded for a definite period, and after the expiration of the contract period, the service will be automatically excluded, unless the client renews the service before its expiration.

The contractual period begins to run depending on the type of contract concluded:

• for the lease of systems and equipment – from the time specified in the lease as the date of commencement of the contract,
• for a contract concluded through a web store – from the time when the customer confirmed the purchase on the web store and made the payment,
• for a contract concluded according to the subscription model – from the time stated on the subscription form as the date of the beginning of the subscription.

CUSTOMER

9. Article

The Supplier shall enter into a lease agreement for the use of computer system services with any interested person or company.

10. Article

The supplier may refuse to enter into a lease if:

• The contracting authority does not meet the conditions referred to in Article 9,
• there is a suspicion that the data on the identity, the ie legal personality of the client, his solvency and authority or right to representation are incorrect or untrue,
• Bankruptcy or similar proceedings have been instituted against the client or if he becomes insolvent or over-indebted, or if, at the reasonable discretion of the supplier, the client has some other difficulties concerning its business or fulfillment of obligations to creditors,
• Determines that the client has acted in contravention of the provisions of these General Terms and Conditions or applicable legal regulations.

DESCRIPTION OF SERVICE

11. Article

Description of Gps Marine services

The Gps Marine computer system is a service that allows you to determine the geographical position of an object on a digital map at any time, track distances, sensor data, stop, movement history, all on a graphical and analytical user interface in the form of tables, charts, and text and graphical reports. The service is available on all mobile and desktop platforms that have access to the Internet via Internet browsers.

The user of the service independently manages:

• user interface,
• your data,
• third party user access,
• User rights.

By accessing third-party software. The user of the service can at any time export all data collected using the Gps tracking device from the computer system Gps Marine.

The Supplier undertakes to keep the data received from the monitoring device and stored on the Supplier’s servers for no more than one (1) year.

DATA TRAFFIC

12. Article

Proper operation of computer system services requires access to a mobile network that enables the transfer of data traffic between the equipment in the facility and the central database of the system and vice versa. The transfer of data traffic is enabled by an active SIM card that is properly connected to the equipment in or at the facility.

In addition to the provisions of these General Terms and Conditions, the general terms and conditions of the mobile network concessionaire that takes care of the connection of the facility with the central database shall apply to the use of mobile network services if these General Terms and Conditions do not exclude them.

13. Article

Leased data traffic differs in the area of data traffic and the amount of data traffic. The area of data traffic and the amount of data traffic dictate the price of the data packet. Data traffic cannot be bought but only rented.

14. Article

Data traffic is leased through a data traffic packet where one (1) leased data packet represents the possibility of connecting one (1) client’s facility to the mobile network of the concessionaire to transfer and receive data to the central computer system database and from the central computer system database.

When purchasing a computer system through a web store, in addition to these general conditions, additional general conditions of the web store also apply.

USER PACKAGES

15. Article

The rental of computer system services is divided into user packages. User packages define the level of possible functionalities of the computer system, the contracted possibilities should not correspond to the possible ones. The user package cannot be purchased, but only rented for the agreed time for the agreed number of facilities.

The number of leased user packages is equal to the number of objects included in the system. One (1) leased user package is valid for one (1) facility that is included in the system.

In addition to the user package, the customer is obliged to rent a data package for all system functionalities to work properly.

DATA PACKAGES

16. Article

Data traffic lease is divided into data packets. Data packets define the areas of data traffic depending on the individual data packet. The data package cannot be purchased, but only rented for the agreed period for the agreed number of facilities.

The data package is valid exclusively for data transfer in the contracted area of data traffic.

The change of data packages is possible, and it is charged according to the valid pricelist of the supplier and according to the provisions of these General Terms and Conditions.

The number of leased data packets is equal to the number of objects included in the system. One (1) leased data packet is valid for one (1) object that is included in the system.

SERVICE ACTIVATION

17. Article

The inclusion in the system and the activation of the service will be carried out no later than within 48 hours from the moment of receipt of payment or the moment specified in the contract as the start date of the contract.

Connection to the computer system is only possible for customers of the computer system who have a contract with the supplier or have concluded the service through a web store or a subscription model.

By joining the system, the supplier allows the customer to access the computer system Gps Marine using the assigned user data.

The user data (username and password) will be delivered to the customer to the e-mail address specified by the customer in the lease agreement or on the web-store or when concluding the purchase with the subscription model.

The supplier is not responsible for the accuracy of the customer’s e-mail address, nor errors and security settings of the customer’s e-mail address.

The client uses the assigned username and password to access the services of the computer system via network applications.

User data can be used by the customer and his authorized persons.

The objects of the client for which the inclusion and use of the system have been contracted are included in the computer system.

The number of objects that the client can include in the system is determined by the number of leased user packages and data traffic packages, where (1) one user or data package of the system corresponds to the inclusion (1) of one object in the system.

18. Article

The inclusion of the customer in the system, i.e. the activation of the service starts from the date specified as the start date of the contract or from the date of receipt of payment when contracting the service on the web-store or subscription model.

EXCLUSION FROM SERVICE

19. Article

Exclusion of the client from the computer system can occur as a consequence:

• termination of the lease agreement,
• termination of the time for which the service was leased in advance (web store or subscription model),
• force majeure,
• If the client has an open invoice that has not been paid even 30 (thirty) days after the invoice due date.

20. Article

After disconnecting the customer from the computer system, the customer will no longer be able to access the services of the computer system via user data, and he will be disabled from logging into the system.

If the Client acts contrary to the provisions of these General Terms and Conditions, the lease agreement, or the applicable legal regulations, the Supplier may exclude the Client from the system.

The costs of disconnection from the system and possible re-connecting in the system shall be borne by the client. The costs of disconnection and reconnection are calculated according to the valid pricelist of the computer system Gps Marine, which is published on the website www.gps-marine.com.

PROTECTION AGAINST ABUSE

21. Article

During the term of the lease agreement, the client is obliged to comply with the General Terms and Conditions of Use of the System and to use the system and equipment following them.

The client is obliged to take care of the security of their user data and change the username and password as soon as he suspects their unauthorized use. The Client is fully responsible for all damage caused by unauthorized use of user data, as well as for all content published under his user data. The supplier is not responsible for cases of password abuse.

In case of missing, damaged, lost, or stolen SIM card and suspicion of unauthorized use of username and password, the customer must immediately notify the system service provider to the contacts listed on the website www.gps-marine.com. Passwords or its unauthorized use, the supplier will disable access to the services, no later than 24 hours after receiving notification from the customer.

CONFIDENTIALITY AND PROTECTION OF INTELLECTUAL PROPERTY

22. Article

All intellectual property rights for the provision of services and equipment are the property of the supplier. The Client does not acquire any rights to these intellectual property rights by contract, except for the rights of use which are explicitly stated in these General Terms and Conditions.

Both parties undertake to keep all business and technical information available to them for the implementation of this contract as a business secret for at least three (3) years after the expiration of the contract. It will do the same if the contract is terminated.

MINIMUM TECHNICAL REQUIREMENTS NECESSARY FOR THE PROPER OPERATION OF THE SYSTEM

23. Article

The client must meet the minimum technical requirements to allow him unhindered access to the system.

• INTERNET CONNECTION

Minimum download speed 2 Mb / s.

The minimum upload speed of 0.5 MB / s.

A smooth and stable internet connection is required for the smooth operation of the application.

Internet browser (Internet Explorer, Microsoft Edge, Mozilla Firefox, Google Chrome, Opera).

• MOBILE OR DESKTOP COMPUTER

QUALITY OF SERVICE

24. Article

The level of possible functionalities and quality of service of the system, which is specified in the individual user package, should not correspond to the level of actual functionalities.

The supplier reserves the right to periodically turn off the services of the computer system due to the performance of emergency service work on the central database. During these shutdowns, the supplier will ensure that they last for the shortest possible period.

The monthly rent is not reduced due to the impossibility of using the services due to the works from the previous paragraphs of this Article.

SUBMISSION OF THE CONTRACTING AUTHORITY’S COMPLAINT

25. Article

The Client may file a complaint regarding the provision of system services, the quality of the service provided, the amount in charge of the service provided, and a complaint due to a violation of the provisions of these general terms and conditions. The objection must contain the facts and evidence on which it is based.

The complaint is submitted in writing to the valid e-mail address of the supplier listed on the website www.gps-marine.com.

The complaint must be filed within 8 (eight) days of learning of the action or omission of the supplier for which the complaint is filed.

An objection to the invoice amount is submitted within 8 (eight) days from the due date of the invoice to the valid e-mail address of the supplier listed on the website www.gps-marine.com or by registered mail.

The supplier undertakes to respond to the complaint descriptively within 8 (eight) days from the date of receipt of the customer’s complaint.

LIABILITY FOR DAMAGES

26. Article

The supplier is not liable for disturbances in the system and possible damages that would occur to the customer as a result of:

• errors, disturbances, or malfunctions in the mobile network of the concessionaire,
• errors, interference or failure of the Internet connection between the service provider and the customer,
• errors, malfunctions or malfunctions of the GPS system, as well as if the GPS signal is not of satisfactory quality, for reasons beyond the supplier’s control,
• the fact that the client does not comply with the general conditions of the mobile network concessionaire,
• map errors,
• loss or alienation of username and password (user data),
• equipment failure resulting from improper handling by the customer or a third party,
• non-compliance with the provisions of the lease agreement, these General Terms and Conditions, recommendations or explicit instructions of the supplier,
• Mains failure.

27. Article

The supplier is not responsible for the loss of data from GPS / GSM terminals or other installed equipment.

The supplier is not liable for damage to the equipment or any damage to the customer or a third party if the damage was caused by the customer or a third party by careless and unprofessional handling, improper or improper installation, and improper maintenance. The supplier is not liable for damage caused by mechanical, chemical, electrochemical, and/or electrical effects.

28. Article

The costs of eliminating errors and repairing damage caused by the customer or a third party shall be borne by the customer.

29. Article

The supplier is not liable for damage that may occur due to the publication or unauthorized use of data in the event of burglary of the computer system, loss or disclosure of the user password, negligent storage of the user password.

30. Article

The supplier is not responsible for and does not guarantee for damages and errors that would result from the system software or errors in the operation of the mobile network. In no event shall the supplier be liable for any damages, including but not limited to damages due to loss of profits, business interruptions, loss of business information, or other material or non-material damages arising from the use or inability to use the services.

31. Article

In other cases of liability for damage, which is not covered by the provisions of Articles 26-30, the supplier is liable only for ordinary damage (reduction of property). The supplier’s liability for damages is limited to the average monthly amount of rent paid by the injured party during the last six months before the harmful event, or to the average monthly rent calculated for the period from the client’s inclusion in the system until the occurrence of adverse events in cases where the contractual relationship lasts less than six months.

When detecting errors and irregularities, ie the occurrence of damage, the client must do everything in its reasonable capacity to reduce the damage and/or harmful consequences.

EQUIPMENT WARRANTY

32. Article

The duration of the warranty for the purchased equipment is 12 (twelve) months from the moment of issuing the invoice unless otherwise stated on the issued invoice. The warranty for the purchased equipment is not valid without presenting an invoice.

The manufacturer guarantees that the GPS device will function properly with proper use and maintenance according to the manufacturer’s instructions. The Supplier warrants that during the warranty period, within 60 (sixty) days from the date of receipt of the device for service, it will repair irregularities in materials, design, and construction free of charge or replace the equipment with new ones following these General Terms and Conditions.

33. Article

The warranty does not apply in the following cases:

• Overvoltage phenomena (lightning, induction, etc.) and other weather and atmospheric disturbances or in case of force majeure,
• damage to the equipment caused by mechanical damage or by handling the equipment in a manner contrary to the instructions,
• damage or alleged damage caused by the use or connection to any other equipment, software, and/or service not manufactured by the manufacturer or supplied by the supplier,
• damage caused by viruses, access to the services of unreliable third parties or unauthorized access to computer systems and networks,
• damage caused by short circuit of the battery, damage to the protective labels on the battery housing, breakage of the battery cells, improper handling or use of the battery in unspecified equipment,
• if the supplier or authorized service center determines that there has been any interference with the equipment in terms of opening, changing, or repairing the equipment by anyone other than the supplier or his authorized service center,
• if the equipment has been repaired using unauthorized parts or if the equipment serial number, GPS / GSM terminal date code, or IMEI number has been removed, deleted, worn out, altered, or illegible, which will be determined at the discretion of the supplier,
• If the GPS / GSM terminal has been exposed to moisture, extreme thermal conditions, or rapid changes in these conditions, corrosion, oxidation, food spillage or liquid spillage, or chemicals.

The equipment warranty does not cover consumables (batteries, external antennas, 12 V car plugs, fuses, etc.) and does not cover normal wear and tear of the equipment due to regular use.

EQUIPMENT FAULT REPORT

34. Article

The customer can report a defect in the equipment via the warranty form (RMA), which can be downloaded from the website www.gps-marine.com. The completed form together with the equipment must be delivered to the following address of the supplier: Andrije Hebranga 16, 47 000 Karlovac, Croatia.

Equipment failure must be reported, i.e. a request for repair of the equipment must be submitted within the warranty period within a reasonable time from the time when the damage or malfunction was noticed.

To meet the warranty conditions, when submitting a request for repair of equipment within the warranty period, it is necessary to enclose:

• equipment and
• An invoice for the purchased equipment or a copy of the lease agreement in case the equipment is rented.

For more detailed information on how to apply for the repair of equipment within the warranty period and information on authorized services, the customer can contact the supplier at the contacts listed on the website www.gps-marine.com.

The supplier excludes liability for any direct or indirect damage caused by loss, damage, distribution, unwanted changes to the contents, or data during the repair or replacement of equipment.

If the equipment is not covered by the warranty conditions, the supplier reserves the right to charge for the repair of the equipment.

SERVICING AND MAINTENANCE

35. Article

Under the contract, the supplier provides the customer with appropriate maintenance and servicing of the system software.

36. Article

The client will inform the supplier about the impossibility of using the system and other possible errors in the operation of the system to the contacts listed on the website.

www.gps-marine.com.

PRICES AND PAYMENTS

37. Article

The system services are paid and calculated following the valid Price List published on the website www.gps-marine.com and following the lease agreement.

The rental prices of the supplier’s equipment and the monthly rent of the supplier’s services are defined in the price list which is an integral part of the lease agreement between the supplier and the customer.

The client is obliged to pay the supplier the total amount of the contract, which is specified in the lease agreement.

38. Article

The services charged by the lease agreement are charged by the supplier for all facilities included in the computer system.

The Client pays the rent for the current month following the issued invoice, by the 10th of the month for the current month, to the supplier’s bank account indicated in the issued invoice.

The Client is obliged to pay the rent starting from the day specified in the lease agreement as the day of entry into force of the agreement, regardless of whether the service to individual user and data packages is activated before or after that day.

The supplier reserves the right to change the prices of services.

The method of calculating the service contracted under the lease agreement is fixed. Fixed billing implies that the service starts to be charged in full from the date of entry into force of the contract.

39. Article

The monthly rent for user packages is calculated as follows:

• rent is calculated for the current month,
• the rent for the first and last month of the provided service will be charged in proportion to the number of days for each day until the end of the month in which the service was activated, ie in which the lease agreement was terminated to a specific user package unless in the specification stated otherwise

The monthly rent for data packages is calculated as follows:

• rent is calculated for the current month,
• rent for the first month in which the SIM card is activated, or for the last month of the contractual relationship in which the SIM card is deactivated is calculated for the entire month in which the activation or deactivation of the SIM card is performed

The client is obliged to pay all costs (rent) incurred due to the use of the computer system by a third party.

ASSEMBLY, REMOVAL, AND DISASSEMBLY

40. Article

All interventions such as assembly, reassembly (removal), disassembly, intervention are not subject to these general conditions, and the client either performs the interventions or the interventions are performed by authorized contracting partners of the supplier, provided that the client pays all interventions to the contracting partners directly according to the price list. the procedure is performed.

41. Article

A list of the supplier’s contractual partners is available on request. The request must be made via the contact listed on the supplier’s website www.gps-marine.com.

FORCE MAJEURE

42. Article

Force majeure is considered to be the occurrence of circumstances that prevent the fulfillment of contractual obligations of one or the other contracting party, which arose after the conclusion of the contractual relationship, and the contracting parties could not foresee, prevent or avoid them during the conclusion of the contract sides.

In the event of force majeure, the Contracting Party in which it arose shall notify the other Contracting Party in writing of the occurrence or termination of force majeure, as well as take all reasonable measures to eliminate or reduce the consequences of force majeure.

In case of damage due to force majeure, each contracting party is obliged to bear its damage, i.e. costs incurred due to force majeure.

TRANSFER OF THE CONTRACT

43. Article

The contract can be transferred to another legal or natural person if the new client (successor) continues to use the services of the system that is already installed in the client (ancestor).

At the request of the client (ancestor), the supplier will transfer the contract to another person, ie a new client (successor) by concluding a lease agreement with a new client (successor) following these General Terms and Conditions, provided that the ancestor has duly settled all obligations. days of filing the transfer request. The ancestor is obliged to settle the invoice for the use of services in the month in which the contract was transferred by the day of the transfer, and the new client (successor) is obliged to settle the invoice for the use of services after the transfer.

44. Article

In the event of the death of the client of a natural person or the cessation of the existence of a legal person, the heir or legal successor may submit a request for the transfer of the contract.

The contract, together with all rights and obligations, passes to the new customer (successor) only when the supplier accepts the request for transfer of the contract following the provisions of Articles 9 and 10 of these General Terms and Conditions.

45. Article

The new client (successor) agrees that together with the previous client (ancestor) will be jointly and severally liable for all obligations to the supplier relating to the use of services by the previous client (ancestor), due after the transfer of the contract, based on explicit consent on the joint and fewest liability for the debt of the previous client (ancestor) specified in the request for transfer of the contract.

TERMINATION OF THE CONTRACTUAL RELATIONSHIP

46. Article

The lease agreement concluded for an indefinite time may be terminated by either party with a notice period of 3 (three) months.

The three-month notice period shall begin on the first day of the month following the month in which the notice was received by the Contracting Party whose contract is being terminated.

The contract terminates on the last day of the notice period.

Cancellation is given in writing to the email address published on the website www.gps-marine.com.

The notice period does not apply to lease agreements concluded through the online store or the subscription model, contracts concluded in the above ways are valid until the expiration date of the agreement.

47. Article

If the fixed-term lease has expired and has not been extended by the client, the client will be considered to have entered into an indefinite lease, unless the service is contracted through an online store or a subscription model then, upon the expiration of the fixed-term contract, the service that has not been extended will be permanently terminated.

48. Article

A fixed-term contract concluded as a client by a natural person may be terminated by the client before the expiration of the contract period.

Notice of termination is delivered to the supplier in writing to the email address listed on the website www.gps-marine.com.

The contract is terminated by the delivery of the notice of termination to the supplier.

In all cases of termination of the contract referred to in this Article, the client is obliged to pay all monthly fees under the contract until the end of the contracted period.

49. Article

Regardless of whether the contract is concluded for a definite or indefinite time, the supplier has the right to exclude the customer from the use of the computer system if and until he pays the costs of services rendered.

If the customer is late with the payment of the invoice for more than 10 (ten) days after the due date of the invoice, the supplier will deny the customer access to the computer system Gps Marine and turn off data traffic.

If, after notifying the supplier, the customer fails to settle his obligations even after thirty (30) days from the due date of the issued invoice, the supplier will terminate the lease agreement and terminate the lease agreement in writing to the customer.

In any case, the Supplier may, regardless of its settlement of invoices, exclude the Client from the system without delay and terminate the contract when it determines that the Client acts contrary to the provisions of these General Terms and Conditions, the lease agreement or applicable law.

50. Article

Cancellation, termination of the contract, and all written notices from this chapter are sent by e-mail to the email address listed on the website www.gps-marine.com.

51. Article

In the event of termination of the fixed-term lease, regardless of whether the contract is terminated by the client or by the supplier, the client is obliged to pay the supplier the total amount of the contract.

FINAL PROVISIONS

52. Article

These General Terms and Conditions enter into force on the day of their publication on the website www.gps-marine.com.

These General Terms and Conditions apply to service providers with whom the lease agreement has been concluded after the entry into force of these General Terms and Conditions.

The Supplier reserves the right to change the General Terms and Conditions, in which case the Supplier will notify the customers by publishing these changes on the website www.gps-marine.com.

In the event of changes to these General Terms and Conditions, they will begin to apply to existing customers 30 days after their publication. If the changes are solely in favor of the contracting authority, they will apply to existing contracting authorities on the day of publication.

If the changes to the General Terms and Conditions are less favorable for the client than the previously agreed conditions, the client has the right to terminate the contract free of charge within 30 days from the date of publication of these changes.

These General Terms and Conditions enter into force on November 1, 2020. Years.