These general conditions ("General Terms and Conditions") shall apply to the purchase of Services from NorthTracker AB (org.nr 666826-4674) ("The supplier"The contracting parties are the Supplier and the customer ("Customers") who signed a customer contract with the Supplier ("Customer contract"The contractual relationship between the Supplier and the Customer is governed by the Customer Agreement, where applicable, the Consultancy Agreement and these General Terms and Conditions. To the extent that any of the provisions in the documents conflict with each other, they shall take precedence in the order stated, unless the circumstances clearly indicate otherwise.

1. Definitions

"The Agreement" means the Customer Agreement, the Agency Agreement and these General Terms and Conditions, including all appendices, amendments, supplements thereto and extensions and renewals thereof;

"Agreement day" means the date on which the Customer Agreement is signed by the Supplier and the Customer;

"contract period" refers to the Initial Term and each subsequent twelve (12) month extension as detailed in Section 8 (Contract period and cancellation);

"Counselling agreement" refers to the contract concluded between the Supplier and the Customer in accordance with the General Data Protection Regulation (EU 2016/679) (GDPR);

"Unit" means the Supplier's hardware including, where applicable, GPS transmitters and/or alcolock hardware;

"Initial Contract Period" refers to the initial commitment period under the Customer Agreement as specified in clause 8 (Contract period and cancellation); and

"Service" refers to one or more of the Supplier's services that are subscribed to via registration of a subscription, including, among other things, a driving log approved by the Swedish Tax Agency that includes map positioning and any registration of journeys for the object in which the Unit is placed, anti-theft protection, tool tracking and alcolock.

2. Product description

2.1 Service is the Service defined in the Customer Agreement. Service is only compatible with Device and may only be used together with Device.

2.2 During the Agreement Period, the Customer has a non-exclusive right to use the Service and the data generated or created by the Service in accordance with the purpose of the Service. Any other use is unauthorised.

2.3 The Supplier has the right, but no obligation, to update the Service at any time with new and/or changed functionality, as long as this does not entail a significantly negative change in the function of the Service.

2.4 The Supplier reserves the right to downtime in the system to perform service, maintenance and software updates. The Customer is not entitled to any compensation for the time that such measures are carried out.

2.5 The Customer undertakes to use the Device and the Service in accordance with the manuals and/or other instructions provided by the Supplier or a partner authorised by the Supplier.

2.6 The Customer must not use the Device or Service in breach of this Agreement and applicable law including applicable data protection rules. Violation of this section is considered a material breach of contract under section 8.4 (Breach of contract).

3. Unit (delivery, installation, etc.)

3.1 Unless otherwise stated in the Customer Agreement, the Unit belongs to the Supplier and is made available to the Customer during the Contract Period.

3.2 The Supplier reserves the right, at its sole discretion, to replace the Unit at any time. It is the Customer's responsibility to receive and install the new Unit at its own expense and to return the replaced Unit immediately.

3.3 Unit is delivered according to DAP (Incoterms®2020), where applicable pre-configured with SIM card for data traffic.

3.4 The Customer is responsible for ensuring that the Device is installed correctly in accordance with the applicable manual and instructions from the Supplier. Incorrect installation of the Device may result in incomplete registered data and deficiencies in the functionality of the Service.

3.5 After installation, the Customer shall functionally test the Unit in accordance with the applicable manual and immediately inform the Supplier if the Unit does not function.

3.6 The Customer has the right to move the Unit between different vehicles and objects on its own. The Customer is then responsible for ensuring that each new installation is carried out correctly and in accordance with the provisions of this clause 3.

4. Device (maintenance and warranty)

4.1 The Device may only be used for the Supplier's Services. It is the Customer's responsibility to treat the Device with care and in accordance with the manual and/or other instructions provided by the Supplier or a partner designated by the Supplier.

4.2 Maintenance and/or repair of the Unit may only be carried out by the Supplier or a partner authorised by the Supplier. The Customer is obliged to contact the Supplier immediately by e-mail if the Device is in need of maintenance or repair due to a defect or damage. The Customer shall, at the Supplier's request, send the Unit to the Supplier or the party designated by the Supplier.

4.3 The Supplier is responsible for the functioning of the Unit during the entire Agreement Period (Lifetime Warranty). The warranty applies provided that the Unit is used in accordance with this Agreement and that maintenance, repair or other action on the Unit has been carried out in accordance with this Agreement. The Supplier's liability does not apply to defects in the Unit that are due to circumstances beyond the Supplier's control. Thus, the Supplier is not liable for faults that have arisen as a result of, for example, inadequate or incorrect installation of the Unit, changes to the Unit contrary to instructions, normal wear and tear or incorrect use by the Customer. In these cases, the Customer shall bear the costs incurred in connection with measures on the Unit.

4.4 In the event of replacement of a Unit under this section, the Customer is responsible for receiving and installing a new Unit at its own expense and returning the replaced Unit immediately.

4.5 The Supplier's liability for hardware manufactured by a third party or software provided by a third party is limited to the warranty period provided by such third party, but never more than twelve (12) months after delivery. 

4.6 New batteries for the Unit are ordered directly from the Supplier. The cost of new batteries and shipping is not included in the agreed price under the Customer Agreement.

5. Support

The supplier offers support for the logbook system website and application as well as for technical issues such as software, device and telematics errors. Support is offered via e-mail info@northtracker.com on weekdays from 09.00 to 16.00.

6. Price and payment terms

6.1 The price of the Service is set out in the Customer Agreement.

6.2 In the event of an extension of the Agreement, the Supplier is entitled to unilaterally adjust the price in accordance with the Supplier's price list applicable from time to time. Written notice of such price adjustment shall be provided (may be electronically) to the Customer no later than one (1) month before the new price takes effect.

6.3 The Supplier has the right to unilaterally, without prior notification, adjust the price in relation to Statistics Sweden's consumer price index (CPI) or another comparable index of the Supplier's choice, taking into account the change that has occurred over the past twelve (12) months. The price change of the monthly fee shall not exceed the percentage change in the index over the relevant period.

6.4 The Supplier is furthermore entitled, irrespective of the above points, to unilaterally adjust the price if it is caused by cost increases that are not reflected in the index, for example the Supplier's increased purchase costs of mobile data and/or map services, compared to the conditions on the Contract Date.

6.5 Unless otherwise stated in the Customer Agreement, invoices are issued annually in advance. The first invoice is issued after the Agreement Date and the Service has been made available to the Customer. Payment terms are 30 days.

6.6 In the event of late payment, penalty interest shall be charged in accordance with the Interest Act (1975:635). In the event of a payment reminder, the Supplier is entitled to charge a reminder fee in accordance with the Act (1981:739) on compensation for collection costs etc.

6.7 The Customer is not entitled to set off any claim that the Customer considers to have against the Supplier against a claim that has fallen due, unless the claim has been recognised in writing by the Supplier or established in a judgment.

6.8 If the Contract has been financed, the finance company's price regulations apply.

7. Limitation of liability

7.1 The recording of location data requires that the Device has a functioning mobile network with GSM and GPS coverage and satellite reception, that the Device can actually receive and send recordable data, and that the Device is correctly installed and used in a primarily appropriate manner. The Supplier is not liable in any case for errors or damage caused by a lack of any of the aforementioned conditions. Local and geographical conditions may limit the coverage necessary for the functionality of the Device and the Service.

7.2 The Supplier is in no case liable for indirect damage or financial loss attributable to errors in the Device or Service, incorrect or non-delivery of data, computer viruses, bugs or circumstances of a similar nature, or for errors that may arise from the use of the Device or Service, as long as gross negligence cannot be attributed to the Supplier or the Supplier's employees.

7.3 The Supplier's liability for damage during the contractual relationship, including damage attributable to product liability, is in all circumstances limited to the price paid by the Customer for the Service in the 36 months preceding the event, but never more than SEK 50,000 per incident.

8. Contract period and cancellation

8.1 The Contract shall run from the Contract Date and shall be valid for the binding period specified in the Customer Agreement ("Initial Contract Period"). At the end of the Initial Term, the Agreement will be automatically extended for twelve (12) months at a time, unless terminated in accordance with this Clause 8.

8.2 The Contract shall be terminated in writing at least two (2) months before the end of the current Contract Period.

8.3 If the Supplier decides to no longer offer a Service or part of a Service, the Supplier is entitled, without liability for compensation, to terminate the Agreement in whole or in part with thirty (30) days' notice. The same applies if, due to circumstances beyond the Supplier's control, the Service is cancelled or ceases to apply.

8.4 Both parties are also entitled to terminate the Agreement with immediate effect in the event of a material breach of contract by the other party. A material breach of contract includes, among other things, a payment from the Customer that has not been received no later than 14 days after the Supplier has sent a written payment reminder. The Supplier's liability is limited in accordance with clause 7 (Limitation of liability).

8.5 If the Contract is terminated before the end of the Contract Period, the Supplier is entitled to invoice the final amount for the remaining part of the Contract Period, if applicable.

8.6 Upon termination of the Agreement or of the Service (registered subscription), the Customer is obliged to return all Units in accordance with the Supplier's instructions immediately, but no later than within one month of the termination of the Agreement or the Service. The Customer will be charged a special fee for Units that are not returned or that are returned in damaged condition.

9. Intellectual property rights

All intellectual property rights and know-how related to or derived from the Service or Device belong to the Supplier, including but not limited to names, trademarks, logos, domain names, designs, graphics, technology, algorithms, source codes, object codes and related documentation. Customer does not acquire any rights thereto under this Agreement except as provided in Section 2.2 (Product description).

10. Force Majeure

The Supplier is exempt from penalties for failure to fulfil certain obligations under this Contract if the failure is due to circumstances beyond the Supplier's control which prevent the fulfilment thereof ("Liberating Circumstance"). An Exonerating Circumstance shall be deemed to be war, natural disaster, lightning, fire, flood, strike, lockout, failure of the telecommunications network and failure, damage, maintenance and repair of communication centres, and comparable circumstances. The Supplier shall notify the Customer of the Exempting Circumstance as soon as practicable. The Customer's obligations under the contractual relationship are suspended for the corresponding period during which the Supplier's obligations are suspended. Should the hindrance due to force majeure persist for more than three (3) months, the Customer shall be entitled to terminate this Agreement with immediate effect.

11. Data processing

11.1 The Customer is the data controller for all personal data processed by the Supplier via the Service and is responsible for complying with the rules of applicable data protection legislation including but not limited to the General Data Protection Regulation (EU 2016/679) (GDPR).

11.2 The Supplier routinely stores and deletes data for the purpose of providing the Service under this Agreement and in accordance with applicable legislation. If the Customer has specific requirements regarding storage time and deletion of data, this must be agreed separately with the Supplier.

11.3 When the Agreement is terminated, the Supplier's responsibility for and rights to store data generated or created via the Service cease. The Customer is responsible for exporting and storing any data from the Supplier before the termination of the Agreement.

11.4 The rights and obligations of the parties in connection with data processing are further regulated in the Data Processing Agreement.  

11.5 To the extent that the Supplier is the data controller for personal data collected from the Customer, these are processed in accordance with the Supplier's privacy policy, which is available at www.northtracker.com.

11.6 When using the Supplier's Services, it will be possible to generate data and other data that is anonymised. These anonymised data and information are the property of the Supplier. The Supplier has the right to transfer anonymised data to third parties.

11.7 When the Customer interacts with the Supplier's website or Services, the Supplier may automatically collect technical data about the Customer's equipment, browsing behaviour and patterns. The data is collected using cookies and similar technologies. The Supplier may also collect technical data about the Customer if the Customer visits other websites or social media using cookies. The Supplier will only use cookies - with the exception of strictly necessary cookies - if the Customer has given his consent.

11.8 The Supplier may share information with external suppliers for customer care, marketing and measures in the event of an alarm on the Service/Unit. For more information see privacy policy. If you do not want the Supplier to share your information, please contact dataskydd@northtracker.com.

11.9 When the Customer has been in contact with the Supplier, the Supplier may, through a customer survey, ask the Customer about how the Customer's experience was. By participating in the customer survey, the Customer helps the Supplier to improve its products and services. If the Customer does not want to share this type of information with the Supplier, the Customer does not have to participate in the customer survey.

12. Consumer

If the Customer is a consumer, the applicable consumer legislation will supplement and, if applicable, apply before these General Terms and Conditions. In certain cases, the Customer has a right of cancellation under the Distance and Off-Premises Contracts Act (2005:59). Read more at www.northtracker.com.

13. Duty of confidentiality

13.1 A party undertakes not to, without the prior written consent of the other party, directly or indirectly, utilise or disclose to third parties any confidential information to which the party has gained access through the contractual relationship. For the purposes of this provision, confidential information means any information, whether technical, commercial or otherwise, whether documented or not, which the other party wishes to remain undisclosed, except for information which is or becomes publicly known or which becomes publicly known otherwise than through a breach of this provision.

13.2 However, nothing in this Agreement shall prevent a party from disclosing confidential information or other data generated through the Service if the party is under an obligation to do so by law or by order of a public authority or court.

14. Other

14.1 Amendments and supplements to the Contract shall be made in writing.

14.2 All notices under this Agreement shall be sent either by registered mail or e-mail to the address specified in the Customer Agreement or to the address subsequently notified in writing by either party to the other party, subject to the provisions of this clause. The notice shall be deemed to have been received by the recipient (i) if sent by registered mail: ten (10) days after the date of delivery for posting; or (ii) if sent by e-mail: the day after the sending e-mail account generates a confirmation showing that the e-mail was sent in full to the recipient's e-mail address. The Customer is responsible for notifying the Supplier by e-mail info@northtracker.com of any changes in the contact details of the Customer.

14.3 The Customer is not entitled to assign, transfer or otherwise transfer its rights or obligations under this Agreement without the Supplier's written consent. If the Contract has been financed, the finance company must also approve the assignment of the Contract.

14.4 Swedish law shall apply to this Agreement and all non-contractual obligations arising out of or in connection with this Agreement. Any dispute arising out of or in connection with this Agreement or any non-contractual obligations arising out of or in connection with this Agreement shall be settled by a general court with the Stockholm District Court as the court of first instance.

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