The Customer agrees to be bound by these terms in addition to the terms and conditions within the contract.
For the purposes of these terms, the term Product shall include vehicle tracking systems and terminals, antennae, cables and any ancillary equipment and accessories, the term Services shall include delivery, installation, customisation, repair and replacement of Products and the provision of data, reports and other information by any medium, the term Customer shall mean any company, partnership, association or individual entering into a contract for the purchase or rent of Products or Services from Quartix Ltd (‘Quartix’). If any part of the Terms should be found to be invalid or unenforceable by a court or other competent authority, then the rest shall not be affected.
Quartix shall take payments on a recurring basis (‘Recurring Payments’) in respect of the Services. Quartix shall, at its sole discretion, choose the method of payment to make available to the Customer. Payment will usually be taken by direct debit, credit card or debit card.
Card payments will usually be implemented through Worldpay (FuturePay), but Quartix reserves the right to decide the payment methods eligible for Recurring Payments. For the avoidance of doubt, the Services are provided on a contracted basis, and a customer is required to make periodic payments to continue to benefit from the Services.
Contracts are normally for one year, paid quarterly in advance, and will roll indefinitely thereafter with a 30 day notice period.
Should any part of these terms be translated into a language other than English, this will be done in good faith and for clarification purposes only. To the extent that the meaning in the translated version differs from that of the English version, the English version shall be the version that shall be relied upon and take priority in all cases. The Customer acknowledges that he has had the opportunity to read and review the English version of the terms.
Enabling Recurring Payments
The Customer will enable Recurring Payments at the start of the contract and continue to make payments throughout the period in which the Services are provided.
Recurring card payments are set up by the Customer entering into a recurring card payment agreement (the ‘Agreement’). This is an online arrangement, similar to standing orders and direct debits, where funds can be debited from the Customer’s debit or credit card.
The Agreement is set up as follows:
- Quartix will send an email to the Customer detailing the amount, date, frequency and end date of the Recurring Payment.
- The Customer will click on the relevant link and enter the relevant payment details to set up the recurring card payment agreement (the ‘Agreement’).
- This creates a unique reference number (‘FuturePay Agreement ID’), as well as a username and password to enable the Customer to log in to the Worldpay Shopper Management System.
The Customer is solely responsible for the accuracy of the information it provides, including without limitation, card (credit / debit) details or bank account details.
If the Customer’s contract begins with a free or promotional period, it must still set up the FuturePay agreement at the start of the contractual period, before the start of the free of promotional period.
Once the agreement is set up, payments will be collected automatically, although payment may be delayed in the case of a free or promotional period. If the payment is not authorised or the card expires, Worldpay will send the Customer an email to inform them of this and the Customer should then contact Quartix to arrange correction of the issue. Quartix reserves the right to charge a failed transaction fee of £30.
Quartix may, at any time, without any notice to the Customer, discontinue offering Recurring Payments for the Services.
Before Recurring Payments is effected, a token amount may be charged by Quartix for verification / authentication purposes.
The Customer agrees, understands and acknowledges that Quartix may engage third party payment processors / gateway service providers to facilitate processing of Recurring Payments. Accordingly, the Customer may be required to follow any terms and conditions of such third party payment processors / gateway service providers, as communicated to you, from time to time.
Data Services Subscription
The Services will be made available by Quartix, upon successful receipt of the initial payment. After this, the Services are invoiced quarterly in advance, with payment terms varying depending on the method of payment, the market and the contract. Once Recurring Payments have been enabled for the Services, the Customer authorises Quartix to charge the fees for the next billable period(s) during the subsistence of the Services, unless it cancels or disables the Recurring Payment with appropriate notice and by means then specified by Quartix, in which case the Services will not renew automatically.
The Customer agrees that the charges for the Services are non-refundable, irrespective of whether the Services has been availed by it or not, or the duration of the Contract availed. The charges shall be governed by the terms of the Contract, as well as the Terms and Conditions of Sale and the Customer acknowledges that the same is subject to change.
If the Customer cancels the Services before the end of the contractual period, it will be charged for the remainder of the contractual period. If the Customer cancels the Services outside of the contractual period, it will not be charged anything further after the end of the notice period. The Customer will not receive any repayment or credit for any period of Services which has already been paid for and which remains unused.
Disabling or Cancelling Recurring Payments
The Customer may cancel or disable Recurring Payments after cancellation of Services, by logging into the FuturePay Shopper Management System. Final charges may apply, for instance if the Services are cancelled within the contractual period.
In the event: (a) the Customer cancels or disables Recurring Payments; or (b) one of the Customer’s Recurring Payments is declined, for any reason whatsoever, including without limitation, expiry of the payment card, Quartix has the right to stop the Services immediately without prejudice to any charges that may accrue, such as for early termination of a Contract. The Customer will be required to settle such charges.
Notification and Communication
The Customer authorises Quartix to communicate with it by email, SMS or telephone in connection with the Services and Recurring Payments.
Disclaimer of Liability
To the fullest extent allowed by law, the Customer agrees that Quartix will not be liable for any losses or damages suffered by it on account of its use of Recurring Payments for the Products or Services, including as a result of any fraud in connection with any payment.