Terms and Conditions

1. Definitions

For the purposes of these Terms and Conditions:

• “Customer,” “Subscriber,” “You,” or “Your” refers to the individual or corporate entity purchasing and using iTracker Services
• “Vehicle” means the car, motorcycle, bus, truck, or other motorized vehicle in which the iTracker GPS device is installed
• “iTracker Unit” or “Device” means the GPS tracking hardware provided by IITL, including all components, SIM card, and accessories
• “Services” means the GPS vehicle tracking, monitoring, reporting, and related services provided by IITL through the Device, web portal, and mobile application
• “Order Form” means the purchase order, work order, or subscription agreement signed by the Customer
• “Subscription” means the monthly or annual service plan selected by the Customer
• “Authorized User” means any person designated by the Customer to access tracking data and use the Services
• “Commencement Date” means the date when the Device is successfully installed and activated
• “Web Portal” means the online platform accessible at itracker.com.bd
• “Mobile App” means the iTracker mobile application for Android and iOS devices
• “Installation Engineer” means an IITL-authorized technician who installs the Device

2. Acceptance of Terms

2.1 Binding Agreement

These Terms and Conditions constitute a legally binding agreement between you (the Customer) and IFAD Information & Technology Limited. Acceptance occurs when you:

• Sign an Order Form or purchase agreement
• Make payment for the Device or Subscription
• Allow installation of the iTracker Unit in your Vehicle
• Activate or use any of our Services
• Access the Web Portal or Mobile App

2.2 Installation Date Acknowledgment

By signing an Order Form, you acknowledge and accept the installation date provided at the time of purchase. If you need to change the installation date or address:

• You must notify us at least 24 hours in advance
• Failure to provide notice may result in a rescheduling fee of BDT 500-1,000
• Repeated no-shows may result in cancellation of service with applicable charges

2.3 Opportunity to Review

You acknowledge that you have been provided with adequate opportunity to read, understand, and seek independent legal advice regarding these Terms and Conditions before accepting them.

3. Eligibility and Account Registration

3.1 Age and Capacity

You must be:

• At least 18 years of age
• Legally capable of entering into binding contracts
• The registered owner of the Vehicle or authorized representative with proper documentation

3.2 Account Information

When registering, you must provide:

• Accurate and complete personal or company information
• Valid contact details (phone, email, address)
• Vehicle registration documents
• National ID or Trade License (for corporate clients)
• Payment information

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access
• Using strong passwords and enabling two-factor authentication when available

3.4 Corporate Accounts

Corporate customers must:

• Provide a complete work order/purchase order on company letterhead
• Include all required terms, conditions, and authorized signatory details
• Ensure proper authorization for vehicle tracking of company-owned or employee vehicles

4. Services Provided

4.1 Core Services

iTracker provides the following GPS vehicle tracking services:

Real-Time Tracking:

• Live vehicle location tracking 24/7
• Location updates every 10-30 seconds (depending on device model)
• Display on Google Maps with live traffic integration

Historical Data:

• Route playback and trip history (last 6 months)
• Animated route visualization
• Time-stamped location records

Alerts and Notifications:

• Over-speed alerts (customizable thresholds)
• Geo-fence entry/exit alerts (unlimited geo-fences)
• SOS/emergency button alerts
• Engine on/off notifications
• Unauthorized movement alerts
• Low battery warnings

Reporting:

• Distance traveled reports (daily, weekly, monthly)
• Trip management and analysis
• Halt/stoppage reports
• Engine status reports
• Fuel consumption reports (for compatible devices)
• Consolidated fleet reports

Vehicle Control:

• Remote engine immobilization via SMS (emergency feature)
• Engine re-mobilization commands

Fleet Management (VMS):

• Multi-vehicle dashboard
• Driver profile management
• Expense tracking
• Maintenance scheduling and reminders
• Document renewal notifications (license, insurance, fitness)

Access:

• Web portal access (desktop and mobile browsers)
• Mobile applications (Android and iOS)
• Multiple simultaneous user access

4.2 Optional Services

Subject to device compatibility and additional charges:

• Advanced fuel monitoring
• Temperature monitoring
• Driver behavior analytics
• Custom integrations and API access
• Extended data retention beyond 6 months

4.3 Service Modifications

IITL reserves the right to:

• Add, modify, or discontinue features at any time
• Upgrade software and firmware for improved performance
• Change service specifications with 30 days’ notice to Customers

Note: Older iTracker Units may not support all future services and features. IITL has no obligation to upgrade legacy devices to support new functionalities.

5. Device Purchase and Installation

5.1 Device Purchase

• The iTracker Unit must be purchased from IITL or authorized dealers
• Device pricing is as specified in the Order Form or itracker.com.bd
• All prices include VAT as per Government of Bangladesh tax regulations

5.2 Installation by Authorized Engineers

• Installation must be performed by IITL-authorized Installation Engineers
• Installation is included free of charge for the lifetime of the subscription (anywhere in Bangladesh)
• IITL will arrange installation at your designated location within 1 working day after order confirmation

5.3 Installation Requirements

Customers must:

• Provide the Vehicle at the scheduled installation time and location
• Ensure the Vehicle is accessible and in working condition
• Provide at least 24 hours’ notice for installation scheduling
• Be present or designate a representative during installation

5.4 Installation Process

• Standard installation takes 30-60 minutes
• The Device is installed in a concealed location to prevent tampering
• Installation does not interfere with Vehicle electronics or warranty
• A test run is conducted to ensure proper functionality

5.5 Unauthorized Installation

CRITICAL: Installation by any person other than an IITL-authorized engineer will:

• Void the Device warranty completely
• Absolve IITL of all liability if the Service is adversely affected
• Result in denial of technical support and replacement claims

5.6 Installation Liability

IITL shall use reasonable efforts to ensure Installation Engineers are properly trained. However, IITL is not liable for:

• Indirect losses or damages during installation
• Pre-existing Vehicle defects discovered during installation
• Damage to the Vehicle except direct damage caused by proven negligence of the Installation Engineer

5.7 Service Center Authorization

Customers must obtain installation and servicing from IITL-designated service centers as assigned by authorized IITL personnel.

6. Title, Ownership, and Risk

6.1 Transfer of Ownership

Legal and beneficial ownership of the iTracker Unit transfers to the Customer upon:

• Payment in full of the Device price (for outright purchase)
• Completion of installment payments (if applicable)

6.2 Installment or Subsidized Devices

If the Device is provided at a subsidized rate or installment plan:

• IITL retains ownership until full payment is received
• Early termination of subscription may require payment of outstanding Device balance
• The Device remains non-refundable after installation

6.3 Risk Transfer

Risk in the iTracker Unit passes to the Customer:

• Upon installation of the Device in the Vehicle
• Customers must insure the Device from this point forward
• IITL is not responsible for loss, theft, or damage to the Device after installation

6.4 SIM Card Ownership

The SIM card inside the iTracker Unit remains the property of IITL at all times. Customers must not:

• Remove or attempt to remove the SIM card
• Use the SIM card for purposes other than GPS tracking
• Tamper with or replace the SIM card

Violation: IITL reserves the right to charge the Customer for costs incurred due to SIM card tampering or removal.

7. Subscription Plans and Pricing

7.1 Subscription Types

iTracker offers the following subscription plans:

• Monthly Subscription: Prepaid monthly service charge
• Annual Subscription: Prepaid yearly service charge (with discount)
• Custom Corporate Plans: Negotiated rates for fleet customers

7.2 Service Charge Inclusions

The Subscription fee includes:

• Activated SIM card with GPRS data
• Web hosting and server maintenance
• Google Maps Enterprise integration
• Data backup and storage (last 6 months)
• Standard alerts and notifications
• Mobile app access
• Customer support (phone, email, WhatsApp)

7.3 Pricing

Current pricing is available:

• On the Order Form at time of purchase
• At itracker.com.bd
• In our published Price Guide
• By contacting our sales team

7.4 Price Changes

IITL reserves the right to:

• Modify subscription prices and tariffs from time to time
• Adjust prices due to changes in third-party costs (Google Maps, cellular data, regulatory fees)
• Provide 30 days’ written notice before price changes take effect (or as soon as reasonably practicable)
• Publish updated pricing on itracker.com.bd

7.5 VAT and Taxes

All prices are inclusive of VAT and applicable taxes as per Bangladesh Government regulations. Any future tax increases will be passed to Customers with advance notice.

8. Payment Terms

8.1 Device Payment

For New Customers:

• 50% advance payment required at the time of order confirmation
• 50% balance payment due upon successful Device installation and activation

For Corporate Clients:

• Payment terms as specified in the work order/purchase agreement
• Credit terms may be negotiated for large fleet orders

8.2 Subscription Payment

• Prepaid Service: Subscription fees must be paid in advance
• First Month: Due upon Device installation and activation
• Subsequent Months: Due on or before the monthly anniversary date
• Annual Subscriptions: Full payment due at the start of the subscription year

8.3 Payment Methods

Accepted payment methods:

• bKash, Nagad, Rocket (mobile financial services)
• Bank transfer (local Bangladesh banks)
• Cash at IITL office (Dhaka location)
• Cheque or pay order (for corporate clients)
• Credit/Debit cards (online payment gateway)

8.4 Late Payment

• Grace Period: 7 days after the due date
• Service Suspension: Services may be suspended if payment is not received within 7 days
• Late Fee: BDT 200 late payment charge may apply
• Reconnection Fee: BDT 500 may be charged for reactivation after suspension

8.5 Failed Payments

If a payment fails or is declined:

• You will receive notification via SMS, email, and app notification
• You have 7 days to resolve the payment issue
• Repeated failed payments may result in account termination

8.6 Fractional Monthly Charges

If installation occurs mid-month, the first month’s charge will be prorated based on the actual number of days of service.

9. Service Activation and Commencement

9.1 Activation Timeline

• Device is activated immediately upon installation
• Real-time tracking becomes available within 1-2 hours
• Web portal and mobile app access is granted within 24 hours

9.2 No Obligation Before Payment

IITL has no obligation to commence Services until:

• The Device has been paid for (at least 50% advance payment)
• The first Subscription payment has been received
• The Device has been successfully installed and tested

9.3 Testing Period

Customers are encouraged to test the Service during the first 48 hours and report any issues immediately.

10. Device Warranty

10.1 Warranty Period

Standard Warranty: 12 months from the date of installation

The warranty applies only if:

• Installation was performed by an IITL-authorized Installation Engineer
• The Device has been used normally and properly maintained
• No tampering, modification, or unauthorized repair has occurred

10.2 Warranty Coverage

IITL warrants that the iTracker Unit will be:

• Free from defects in materials and workmanship
• Functional for its intended purpose under normal usage

10.3 Warranty Service

If a manufacturing defect occurs during the warranty period:

• IITL will repair or replace the Device (at IITL’s sole discretion)
• Service is provided free of charge (excluding transportation to service center)
• Turnaround time: 5-10 business days from receipt of defective Device

10.4 Warranty Exclusions

The warranty does NOT cover:

Consumable Parts:

• Battery degradation or battery failure
• Relay components
• Connecting cables or wires

Damage Caused By:

• Physical damage, impact, or accidents
• Water damage or liquid ingress
• Tampering, modification, or disassembly
• Unauthorized repairs or servicing
• Misuse, abuse, or negligence
• Electrical surges or power fluctuations
• Improper installation (if not done by IITL engineer)

Vehicle-Related:

• Loss of Vehicle manufacturer warranty (IITL is not liable for this)
• Damage to Vehicle electronics
• Interference with Vehicle systems

10.5 Warranty Claims

To make a warranty claim:

1. Contact IITL customer support at info@itracker.com.bd or +880 1755-629205
2. Provide Device serial number, installation date, and description of defect
3. Bring the Vehicle to an IITL service center or authorized dealer
4. IITL will diagnose the issue and determine warranty eligibility

Note: Written notice of defect must be received before the warranty expires.

10.6 Carry-In Warranty

The warranty is a carry-in warranty, meaning:

• Customer is responsible for bringing the Vehicle to the service center
• IITL does not cover transportation or towing costs
• On-site warranty service is not available

10.7 Limitation of Warranty Liability

IITL’s sole obligation under warranty is to repair or replace defective Devices. If IITL fails to remedy a defect, liability is limited to a refund equal to the Device purchase price.

10.8 Standard-Fit Devices (Pre-Installed in New Vehicles)

For Devices pre-installed by Vehicle manufacturers:

• Warranty period aligns with the Vehicle’s manufacturer warranty
• Warranty ends if the Vehicle is sold, regardless of remaining manufacturer warranty
• Claims must be made to the Vehicle dealership, not directly to IITL

10.9 No Other Warranties

All other warranties, conditions, and terms (express or implied by statute, common law, or custom) are excluded to the fullest extent permitted by law. This includes:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement

Consumer Protection: Nothing in this section affects your statutory rights as a consumer under Bangladesh law.

11. Service Level and Availability

11.1 Uptime Target

IITL aims to provide:

• 99% server uptime on an annual basis
• 24/7 availability of tracking services

11.2 Planned Maintenance

• Scheduled maintenance is performed during off-peak hours (typically 2:00 AM – 5:00 AM Bangladesh Time)
• Advance notice of at least 48 hours will be provided for major maintenance
• Maintenance windows are excluded from uptime calculations

11.3 No Uptime Guarantee

IITL does not guarantee 100% uninterrupted service. Service may be affected by:

• Technical issues, server failures, or software bugs
• Third-party service outages (Google Maps, cellular networks)
• Natural disasters, acts of God, or force majeure events
• Cyber attacks, hacking attempts, or security incidents
• Government orders, regulatory actions, or license suspension

11.4 Service Interruptions

In case of service interruptions:

• IITL will use reasonable efforts to restore service promptly
• No compensation or refund is provided for temporary outages unless they exceed 7 consecutive days
• Customers will be notified of extended outages via email and SMS

12. Stolen Vehicle Tracking and Recovery

12.1 Customer Responsibilities

If your Vehicle is stolen, you must:

1. Notify the Police immediately and obtain a crime reference number
2. File a General Diary (GD) or First Information Report (FIR) at the nearest police station
3. Inform IITL as soon as possible by calling our 24/7 hotline at +880 1755-629205
4. Provide the crime reference number to IITL’s support team

12.2 IITL’s Role in Recovery

Upon receiving notification and the crime reference number, IITL will:

• Use reasonable efforts to locate the Vehicle using GPS tracking
• Share live location data with the Police and Vehicle owner
• Assist in coordinating recovery efforts with law enforcement

12.3 No Guarantee of Recovery

CRITICAL DISCLAIMER:

• IITL does not guarantee successful Vehicle recovery
• IITL is not responsible for police response or investigation
• IITL cannot be held liable if the Police do not act on the information provided
• GPS tracking may be ineffective if the Device is damaged, removed, or jammed

12.4 Recovery Costs

If the Vehicle is successfully recovered:

• The Customer is fully responsible for all recovery and delivery costs (towing, transportation, storage fees)
• IITL may arrange recovery logistics at Customer’s expense
• The Vehicle will be delivered to a location nominated by the Customer

12.5 False Alarm Charges

IITL reserves the right to charge the Customer for:

• Costs incurred in locating a Vehicle after a false alarm
• False alarms include situations where the Customer mistakenly believed the Vehicle was stolen
• Charges will be in addition to the regular Subscription fee

12.6 Insurance Requirement

IMPORTANT: Purchase of the iTracker Unit does not reduce or eliminate the need for comprehensive Vehicle insurance. Customers are strongly advised to maintain adequate theft and damage insurance.

13. Customer Responsibilities

13.1 Vehicle and Device Maintenance

Customers must:

• Maintain the Vehicle in roadworthy condition
• Ensure the Vehicle battery is charged regularly
• Notify IITL immediately if the Device is malfunctioning
• Allow IITL technicians access to the Vehicle for troubleshooting or replacement

13.2 No Tampering

Customers must NOT:

• Tamper with, modify, dismantle, or interfere with the iTracker Unit
• Remove or attempt to remove the SIM card
• Relocate the Device without authorization
• Repair or service the Device without IITL’s written consent

Violation: Tampering voids the warranty and IITL may charge for repair or replacement costs.

13.3 Accurate Information

Customers must:

• Provide true, complete, and accurate registration information
• Notify IITL of changes to contact details, Vehicle ownership, or billing information within 7 days
• Update account information promptly if Authorized Users change

13.4 Authorized Use Only

• Only the registered Vehicle owner or authorized representative may use the tracking Services
• Tracking must comply with all applicable laws and regulations
• Customers must obtain consent from drivers or Vehicle users as required by law

13.5 Compliance with Laws

Customers must:

• Use the Service in compliance with Bangladesh laws and regulations
• Not use the Service for illegal purposes or to facilitate crimes
• Respect privacy rights of drivers and passengers

14. Prohibited Uses and Acceptable Use Policy

14.1 Unlawful Tracking

You must NOT use iTracker Services to:

• Track individuals without their knowledge or consent (stalking)
• Track Vehicles you do not own or have authorization to monitor
• Violate privacy laws or engage in unauthorized surveillance
• Harass, intimidate, or threaten any person

14.2 Prohibited Activities

The following are strictly prohibited:

• Hacking, reverse engineering, or attempting to access IITL’s systems without authorization
• Disrupting or interfering with the Services or servers
• Transmitting viruses, malware, or harmful code
• Using the Service for spamming or unsolicited communications
• Impersonating IITL or other users
• Reselling or redistributing the Services without authorization

14.3 Abuse of Service

You must not:

• Repeatedly raise false alarms or make fraudulent theft reports
• Abuse IITL customer support or harass staff members
• Violate the Fair Use Policy (e.g., excessive API calls, data scraping)

14.4 Consequences of Violations

IITL may, at its sole discretion:

• Suspend or terminate your account immediately
• Report violations to law enforcement authorities
• Take legal action to recover damages
• Refuse to provide future services

15. Data Usage, Privacy, and Recording

15.1 Privacy Policy

Your use of iTracker Services is subject to our Privacy Policy, available at www.itracker.com.bd/privacy-policy. By accepting these Terms, you also accept the Privacy Policy.

15.2 Call Recording

For quality assurance, training, and security purposes:

• All telephone calls between IITL and Customers may be recorded
• Recordings are stored securely and used only for internal purposes
• By calling IITL, you consent to call recording

15.3 Location Data Access

Authorized IITL personnel may access Vehicle location data for:

• Technical support and troubleshooting
• Service quality monitoring
• Compliance with law enforcement requests
• Stolen Vehicle recovery assistance

15.4 Data Usage Rights

IITL reserves the right to use location, time, and speed information for:

• Traffic information and congestion analysis
• Journey data analytics and route optimization
• Mapping and research purposes
• Service improvement and development

Note: All usage is anonymized and aggregated to protect Customer privacy.

15.5 Marketing Communications

IITL and its business partners may use your contact information to:

• Send product updates, promotions, and special offers
• Conduct customer satisfaction surveys
• Provide information about services that may interest you

Opt-Out: You can opt out of marketing communications at any time by:

• Clicking “unsubscribe” in emails
• Contacting info@itracker.com.bd
• Updating preferences in your account settings

15.6 Third-Party Data Sharing

By providing information about other persons (e.g., drivers, Authorized Users):

• You confirm they have given permission for their data to be shared with IITL
• You confirm you have informed them of IITL’s data processing practices as outlined in the Privacy Policy

16. Limitation of Liability

16.1 Exclusion of Certain Liabilities

IITL does NOT seek to exclude liability for:

• Fraud or fraudulent misrepresentation
• Death or personal injury caused by IITL’s negligence
• Any liability that cannot be excluded under Bangladesh law

16.2 GPS/GPRS Technology Limitations

IITL is not liable for:

• Data errors, inaccuracies, or delays caused by GPS or GPRS technology
• Signal loss due to physical obstructions, weather, or technical limitations
• Location inaccuracies (±2-3% mileage variation is normal)

16.3 Cap on Liability

For all other claims, IITL’s total liability is limited to:

• The total amount of Subscription fees paid by the Customer in the 12 months immediately preceding the claim
• Or BDT 50,000, whichever is lower

16.4 Indirect and Consequential Losses

IITL shall NOT be liable for:

• Loss of profits, revenue, or business opportunities
• Loss of data (beyond the 6-month retention period)
• Indirect, incidental, consequential, or punitive damages
• Loss or damage arising from Vehicle theft despite the tracking Service
• Damage to Vehicle caused by battery drain from the Device

16.5 Battery Drain

The iTracker Unit consumes electrical current from the Vehicle battery. While designed to minimize drain:

• Vehicles not in regular use may experience battery depletion
• IITL accepts no liability for battery-related issues
• Customers should recharge Vehicle batteries periodically

16.6 Driver Safety

The iTracker Services must NOT be used in a manner that:

• Distracts the driver or affects safe driving
• Violates traffic laws or highway codes

IITL is not liable for accidents, injuries, or damages caused by driver distraction or misuse of the Service while driving.

16.7 Service Reliability

IITL gives no guarantee that:

• The Vehicle will be successfully located in all circumstances
• The Service will work in adverse conditions (poor signal areas, tunnels, underpasses, dense urban areas)
• Navigation or route guidance will always be accurate

16.8 Third-Party Dependencies

IITL’s Services depend on:

• Digital cellular networks (not available in all parts of Bangladesh)
• Google Maps and third-party mapping services
• GPRS/mobile data connectivity

IITL is not responsible for failures or limitations of these third-party services.

17. Disclaimers and Service Limitations

17.1 “As-Is” Service

The Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, except as expressly stated in these Terms.

17.2 No Theft Prevention Guarantee

CRITICAL DISCLAIMER:

• iTracker is a tracking and monitoring system, not a theft prevention system
• IITL does NOT guarantee that Vehicles will not be stolen
• The Device does not physically prevent theft or unauthorized use
• Insurance is required and strongly recommended

17.3 Technology Limitations

GPS and cellular technology have inherent limitations:

• GPS Signal: Blocked by tunnels, underground parking, dense buildings, heavy foliage
• Cellular Coverage: Limited or unavailable in remote areas
• Accuracy: ±5-50 meters depending on conditions
• Latency: Location updates may be delayed by 10-60 seconds

17.4 Force Majeure Events

IITL is not liable for Service failures caused by events beyond reasonable control, including:

• Natural disasters (floods, earthquakes, cyclones)
• War, terrorism, civil unrest
• Government actions, regulatory changes, license suspension
• Power outages, internet blackouts
• Strikes, labor disputes
• Pandemics or public health emergencies

18. Intellectual Property Rights

18.1 Ownership

All intellectual property rights in the Services belong to IITL, including:

• iTracker brand name, logo, and trademarks
• Software, mobile applications, and web portal
• Algorithms, code, and proprietary technology
• User manuals, documentation, and training materials

18.2 Limited License

IITL grants you a non-exclusive, non-transferable, revocable license to:

• Use the Web Portal and Mobile App for personal or internal business purposes
• Access tracking data for your authorized Vehicles only
• Download and print reports for your own use

18.3 Restrictions

You may NOT:

• Copy, modify, reverse engineer, or create derivative works of the software
• Sell, rent, lease, or sublicense the Services
• Remove or alter copyright notices or branding
• Use iTracker’s trademarks without written permission

18.4 Feedback and Suggestions

If you provide feedback, suggestions, or ideas to IITL:

• IITL may use them freely without obligation or compensation
• You waive any intellectual property claims to such feedback

19. Assignment and Transfer

19.1 Non-Transferable Service

This Agreement is personal to the Customer and relates exclusively to the Vehicle specified in the Order Form. You may NOT:

• Assign or transfer your account to another person
• Transfer the subscription to a different Vehicle without IITL’s written consent
• Share login credentials with unauthorized persons

19.2 Vehicle Ownership Transfer

If the Vehicle is sold or ownership changes:

• Subscriptions are NON-TRANSFERABLE to the new owner
• The subscription terminates automatically unless the new owner enters a new agreement with IITL
• You must notify IITL within 7 days of Vehicle sale
• No refund is provided for unused subscription periods

19.3 IITL’s Right to Assign

IITL may assign, transfer, or novate this Agreement to:

• Any affiliated company within the IFAD Group
• A successor entity in case of merger, acquisition, or business sale
• A third-party service provider for operational purposes

Customers will be informed in writing within a reasonable time after such assignment.

20. Term, Renewal, and Termination

20.1 Initial Term

This Agreement commences on the Commencement Date (date of installation and activation) and continues for:

• Minimum Initial Period: 12 months (one year)
• The initial term cannot be terminated early without penalty (see Section 20.8)

20.2 Automatic Renewal

Upon completion of the initial 12-month period:

• The Agreement automatically renews for successive 12-month periods
• The same terms, conditions, and pricing apply (subject to price adjustments per Section 7.4)
• No action is required for renewal to occur

20.3 Renewal Pricing

• Renewal subscription fees will be at the then-current published rates
• IITL will provide at least 30 days’ notice of any price increases
• Failure to pay the renewed subscription results in service suspension

20.4 Notice of Non-Renewal

To prevent automatic renewal, either party must provide:

• Written notice of intent to cancel
• At least 30 days before the next annual anniversary of the Commencement Date
• Notice must be sent to: info@itracker.com.bd or by registered mail to IITL’s office

20.5 Cancellation Procedure

For Customers Who Paid Full Device Price:

To cancel, send written notice to:

• Email: info@itracker.com.bd
• Subject: Subscription Cancellation – [Your Account Number]
• Include: Full name, phone number, Vehicle registration, reason for cancellation

For Customers with Subsidized Devices:

• If the Device was provided at a subsidized rate or installment plan, you must pay the outstanding Device balance before cancellation
• IITL will calculate the remaining amount and provide an invoice

20.6 Early Termination by Customer

If you wish to terminate before the initial 12-month period expires:

• Early termination is generally NOT permitted without IITL’s consent
• If allowed, an early termination fee may apply (up to 50% of remaining subscription value)
• The Device remains non-refundable

20.7 Termination for Breach

Either party may terminate this Agreement immediately by written notice if:

Material Breach:

• The other party commits a material breach and fails to remedy it within 14 days of written notice
• Examples: Non-payment, unauthorized Device tampering, prohibited use violations

Persistent Breach:

• Repeated violations of the terms despite warnings

Insolvency:

• The other party becomes insolvent, bankrupt, or enters liquidation
• A receiver or administrator is appointed over assets
• A composition or arrangement with creditors is made

20.8 Termination by IITL

IITL may terminate this Agreement immediately without prior notice if:

Regulatory Reasons:

• Government or BTRC approval for the Service is withdrawn, suspended, or amended
• Continued provision of Service would violate laws or regulations

False Alarms:

• The Customer or Authorized Users persistently raise false alarms
• IITL determines there were no reasonable grounds to believe Vehicle theft or emergency occurred

Abuse of Service:

• Customer violates the Acceptable Use Policy (Section 14)
• Customer abuses IITL personnel or customer support
• Fraudulent activity or misrepresentation is detected

Non-Payment:

• Subscription payment is overdue by more than 14 days
• Multiple payment failures occur

20.9 Termination for Force Majeure

If a force majeure event continues for more than 60 days, either party may terminate the Agreement without penalty.

21. Consequences of Termination

21.1 Service Cessation

Upon termination:

• Real-time tracking stops immediately
• Access to Web Portal and Mobile App is revoked
• No further alerts or notifications are sent
• Historical data is retained for 30 days, then permanently deleted

21.2 Data Backup and Retrieval

CRITICAL:

• If you terminate the contract, data backup is NOT provided
• You must export all required reports and data before termination
• If you reconnect after termination, IITL is NOT liable for old data retrieval

21.3 Payments Non-Refundable

• All payments made prior to termination are NON-REFUNDABLE unless IITL agrees in writing
• Prepaid subscription fees for unused periods are forfeited
• Exception: Pro-rated refunds may be provided if termination is due to IITL’s material breach

21.4 Device Ownership After Termination

If Customer Paid Full Device Price:

• The Device remains the Customer’s property
• The Device will no longer function for tracking purposes (SIM deactivated)
• Customer may request Device removal (at Customer’s expense)

If Device Was Subsidized or on Installment:

• IITL retains ownership until all Device payments are complete
• Customer must either: (a) pay the outstanding balance to keep the Device, or (b) return the Device
• Failure to return the Device may result in legal action

21.5 Device Removal

• IITL is not obligated to remove the Device after termination
• If removal is requested, a service fee may apply (BDT 500-1,000)
• Customer may arrange removal at their own expense through third parties

21.6 Outstanding Payments

• All outstanding amounts (subscription fees, penalties, Device balance) become immediately due
• IITL may pursue legal collection remedies

21.7 Accrued Rights and Obligations

Termination does not affect:

• Rights and obligations that accrued before termination
• Warranty claims for defects that occurred during the term
• Provisions that expressly or by implication survive termination (Sections 16, 17, 18, 23, 24)

21.8 Termination Effective Date

• Customer-initiated: Effective at the end of the current paid subscription period (unless early termination is agreed)
• IITL-initiated for breach: Effective immediately upon notice
• Mutual agreement: As specified in the termination agreement

22. Force Majeure

22.1 Definition

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including but not limited to:

• Natural disasters (floods, earthquakes, cyclones, storms)
• War, terrorism, riots, civil unrest
• Government actions, laws, regulations, or orders
• Strikes, labor disputes, or work stoppages
• Power outages, internet service disruptions
• Pandemics, epidemics, or public health emergencies
• Telecommunications network failures
• Acts of God

22.2 Obligations During Force Majeure

The affected party must:

• Notify the other party as soon as reasonably practicable
• Provide evidence of the force majeure event if requested
• Use reasonable efforts to mitigate the impact and resume performance
• Resume obligations promptly once the event ends

22.3 Suspension of Obligations

During a force majeure event:

• Performance obligations are suspended for the duration of the event
• The time for performance is extended by the period of delay
• No liability arises for non-performance

22.4 Right to Terminate

If force majeure continues for more than 60 consecutive days, either party may terminate the Agreement by written notice without penalty or liability.

23. Dispute Resolution and Governing Law

23.1 Governing Law

This Agreement is governed by and construed in accordance with the laws of Bangladesh, including but not limited to:

• Contract Act 1872
• ICT Act 2006 (Amended 2013)
• Digital Security Act 2018
• BTRC Act 2001
• Consumer Rights Protection Act 2009

23.2 Jurisdiction

Any disputes, claims, or legal proceedings arising from this Agreement shall be subject to the exclusive jurisdiction of the courts in Dhaka, Bangladesh.

23.3 Amicable Resolution

Before initiating legal proceedings, parties agree to:

1. Attempt to resolve disputes through good-faith negotiations
2. Escalate to senior management for resolution
3. Allow 30 days for amicable settlement efforts

23.4 Arbitration (Optional)

If both parties agree, disputes may be referred to arbitration:

• Conducted in Dhaka, Bangladesh
• Governed by the Arbitration Act 2001 of Bangladesh
• Single arbitrator mutually agreed upon or appointed by the Bangladesh International Arbitration Centre (BIAC)
• Arbitration language: English or Bengali
• Arbitrator’s decision is final and binding

23.5 No Class Actions

You agree that disputes will be resolved on an individual basis only. Class actions, class arbitrations, or representative actions are not permitted.

23.6 Legal Fees

In any legal proceeding:

• Each party bears its own legal costs unless a court orders otherwise
• The prevailing party may recover costs as determined by the court

24. Indemnification

24.1 Customer Indemnification

You agree to indemnify, defend, and hold harmless IITL, its affiliates, directors, officers, employees, and agents from and against:

• All claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees)
• Arising from or related to:
  • Your breach of these Terms and Conditions
  • Your violation of any law or third-party rights
  • Unauthorized tracking or privacy violations
  • Misuse of the Services
  • Claims by drivers, passengers, or third parties related to tracking
  • Vehicle accidents or incidents involving tracked Vehicles

24.2 IITL Indemnification

IITL agrees to indemnify Customers from claims:

• Arising from IITL’s gross negligence or willful misconduct
• Related to third-party intellectual property infringement by IITL’s software or Services

24.3 Indemnification Procedure

The indemnified party must:

• Promptly notify the indemnifying party of any claim
• Cooperate in the defense of the claim
• Allow the indemnifying party to control the defense and settlement

25. Modifications to Terms

25.1 Right to Modify

IITL reserves the right to modify, amend, or update these Terms and Conditions at any time to:

• Comply with changes in laws or regulations
• Reflect changes in Services, features, or pricing
• Address security, fraud, or operational concerns
• Improve clarity or correct errors

25.2 Notice of Changes

For Material Changes:

• IITL will provide at least 30 days’ advance notice via:
  • Email to your registered address
  • Notification on the Web Portal and Mobile App
  • Posting on itracker.com.bd
• Material changes include: price increases, service reductions, limitation of liability changes

For Minor Changes:

• Notice will be posted on the website
• Changes take effect immediately upon posting

25.3 Acceptance of Changes

• Continued use of the Services after the effective date constitutes acceptance of the modified Terms
• If you do not agree to the changes, you may terminate the Agreement (per Section 20) before the effective date

25.4 Version Control

• The current version and last updated date are displayed at the top of these Terms
• Previous versions are archived and available upon request

26. Severability

If any provision of these Terms and Conditions is found to be:

• Invalid, illegal, or unenforceable by a court or regulatory authority
• The invalid provision will be modified to the minimum extent necessary to make it valid
• If modification is not possible, the provision will be severed
• All other provisions remain in full force and effect

27. Entire Agreement

27.1 Complete Agreement

These Terms and Conditions, together with:

• The Order Form or purchase agreement
• The Privacy Policy
• Any written amendments signed by both parties

Constitute the entire agreement between you and IITL regarding the Services.

27.2 Supersedes Prior Agreements

This Agreement supersedes all prior:

• Negotiations, discussions, or understandings
• Oral or written agreements
• Proposals or quotations

27.3 No Reliance

You acknowledge that you have not relied on any:

• Representations or warranties not expressly stated in these Terms
• Oral statements or promises made by sales representatives
• Marketing materials or advertisements

Exception: Nothing in this clause excludes liability for fraudulent misrepresentation.

27.4 Amendments

No amendment or modification of these Terms is valid unless:

• Made in writing
• Signed by authorized representatives of both parties
• Exception: IITL’s unilateral right to modify per Section 25

28. Contact and Notices

28.1 Customer Support

For general inquiries, technical support, or service requests:

Email: info@itracker.com.bd
Support Email: support@itracker.com.bd
Phone/WhatsApp: +880 1755-629205
Hours: Saturday – Thursday, 9:00 AM – 8:00 PM (Bangladesh Time)
Friday: Closed
Emergency Hotline (Theft): +880 1755-629205 (24/7)

28.2 Legal Notices

For legal notices, termination, or formal complaints:

Email: legal@itracker.com.bd
Registered Mail:
IFAD Information & Technology Limited (iTracker)
Attn: Legal Department
Sonartori Tower, 13th Floor
80/14-A Mymensingh Road (12 C/A)
Dhaka 1000, Bangladesh

28.3 Subscription Cancellations

Send cancellation requests to:

Email: info@itracker.com.bd
Subject Line: Subscription Cancellation – [Account Number]

28.4 Notice Delivery

Notices are deemed delivered:

• Email: 24 hours after sending (if no delivery failure)
• Registered Mail: 5 business days after posting
• Hand Delivery: Upon receipt with signed acknowledgment

28.5 Customer Contact Information

You must:

• Keep your contact information (email, phone, address) up to date
• Notify IITL of any changes within 7 days
• IITL is not responsible for notices sent to outdated contact information

Additional Important Information

Acknowledgment and Representations

By accepting these Terms and Conditions, you acknowledge and represent that:

1. Authority: You have full legal authority to enter into this Agreement
2. Vehicle Ownership: You are the registered owner of the Vehicle or have proper authorization to install tracking devices
3. Consent: You have obtained all necessary consents from drivers, employees, or Vehicle users for tracking as required by law
4. Understanding: You have read, understood, and agree to be bound by these Terms and the Privacy Policy
5. Age: You are at least 18 years of age
6. Accuracy: All information provided to IITL is true, complete, and accurate
7. Insurance: You understand that GPS tracking does not replace Vehicle insurance
8. Technology Limitations: You understand the inherent limitations of GPS and cellular technology
9. No Guarantees: You acknowledge that IITL does not guarantee theft prevention or 100% service availability
10. Legal Compliance: You will use the Services in compliance with all applicable laws

Corporate Customers – Additional Terms

For corporate, fleet, or business accounts:

• Work Order Required: A complete work order/purchase order on company letterhead must be provided
• Authorized Signatory: Orders must be signed by a person with authority to bind the company
• Employee Consent: You confirm compliance with labor laws regarding employee vehicle monitoring
• Data Protection: You are responsible for protecting driver privacy and complying with data protection laws
• Payment Terms: Corporate payment terms as specified in the work order apply

Fair Use Policy

To ensure quality service for all customers:

• API Calls: Limited to 10,000 requests per day per account (unless otherwise agreed)
• Data Export: Reasonable limits on bulk data downloads apply
• Support Requests: Excessive support requests may be subject to additional charges
• False Alarms: Repeated false theft alarms may result in penalties or service termination

Service Credits (Optional)

For extended outages exceeding 7 consecutive days:

• Customers may be eligible for service credits
• Credits are calculated as a pro-rata portion of the monthly subscription fee
• Credits are applied to future invoices, not refunded in cash
• Claims must be submitted within 30 days of the outage

Beta Features and Testing

From time to time, IITL may offer:

• Beta or experimental features
• These are provided “as-is” without warranties
• Beta features may be discontinued without notice
• Feedback on beta features is appreciated

This document constitutes a legal agreement. By using iTracker Services, you are bound by these Terms and Conditions. If you do not agree, you must immediately discontinue use of the Services and contact IITL for account cancellation.