I. Subject and general provisions.

1. The present General Terms for provision of GPS services by GPS Bulgaria AD (hereinafter referred to as “General Terms”) regulate the relations between GPS Bulgaria AD (hereinafter referred to as “Provider”) and the respective User, as they arise with relation to the provision and use of GPS services through the public mobile cellular network of Mobiltel EAD (hereinafter referred to as “Mobiltel”).

2. The provision of GPS services is implemented via connection of the respective User to Mobiltel’s public mobile cellular network (hereinafter referred to as “the Network”), on the grounds of a Service Contract signed between Mobiltel and the User, according to the General Provisions on the relations between Mobiltel EAD and the subscribers and users of Mobiltel EAD’s public mobile cellular network under GSM standard (hereinafter referred to as “Mobiltel’s General Provisions”).

3. User, within the meaning of these General Terms, shall be each legally capable physical person, legal person, sole proprietor or any other person which is a subscriber of Mobiltel within the meaning of Mobiltel’s General Provisions and which uses GPS services, on the grounds of a contract for provision of GPS services between the User and the Provider.

4. The contract for provision of GPS services between the User and the Provider shall take effect as of the effective date of the Service Contract between the User and Mobiltel. The contract for provision of GPS services between the User and the Provider shall not take effect and shall not give rise to any legal consequences for the parties in the event that no Service Contract between the User and Mobiltel has been signed and vice versa.

II. GPS Services.

5. The Provider shall provide to the User GPS services, according to the GSM standard, the Network’s technological capacities and the technological capacities of the indicated object.

6. The provision of GPS services shall be performed after active indication of a particular object of the User (a motor vehicle, apparatus, machine or other plant). The active indication is a service provided by the Provider which comprises installation of a GPS device into the User’s object and installation of the relevant SIM card therein, for the purpose of using the GPS services. The performance of active indication is certified by an Active Indication Certificate constituting an integral part of the contract for provision of GPS services between the User and the Provider.

7. The basic GPS services provided by the Provider through Mobiltel’s Network are:

7.1. Security of a Mobile Object – it constitutes provision of security of the User’s indicated objects 24 hours a day and 7 days a week: a) in the territory of the Republic of Bulgaria and counteraction in case of encroachment on the guarded objects by the units of the Directorate National Service Police and the National Service Border Police in all regions of the country, and b) in the territory of the countries in which Mobiltel has concluded roaming agreements and notification of National Service Police at the Ministry of the Interior of any occurring events with the indicated objects in the territories of these countries.

7.2. Control and Management of a Motor Fleet – it constitutes access to information on the location of the indicated motor vehicle, on any stops, stays, direction of movement and the route, the run and the speed of movement, for the purpose of analyzing, increasing the efficiency of the User’s operations and reduction of the costs related thereto.

7.3. Telemetry – it constitutes an automated system for connection between devices of the User for the purpose of wireless transfer of analogue, digital and impulse information.

8. The Provider together with Mobiltel may also provide other special GPS based services and solutions depending on the specific requirements of the User.

9. The service „Control and Management of a Motor Fleet” may be provided by the Provider and respectively used by the User solely under the condition that the relevant User’s object has operational sensors.

10. The particular GPS services used by the User shall be specified in an order which shall be signed by the User upon signature of the contract for provision of GPS services between the User and the Provider and the Service Contract between the User and Mobiltel.

11. The orders pursuant to Par. 10 which have been approved by a signature of the Provider shall constitute an integral part of the Contract for provision of GPS services between the User and the Provider.

12. The contracts for provision of GPS services between the User and the Provider, the annexes and orders thereto shall be signed by the persons representing the Provider or persons duly authorized by them. The contracts for provision of the GPS service „Security of a Mobile Object”, the annexes and orders thereto may be signed by such employees of Mobiltel that are entitled to sign the service contracts between the User and Mobiltel.

III. Prices and Payments

13. The prices of the various types of services are formed on the basis of the orders to the Contract for provision of GPS services between the User and the Provider, Mobiltel’s effective pricelist for traffic realized for the purpose of using GPS-based services via the Network and the Provider’s effective GPS services pricelist.

14. The network services shall be paid in accordance with Mobiltel’s effective Pricelist and in accordance with the procedure envisaged in the Service Contract between the User and Mobiltel and Mobiltel’s General Provisions, considering their type, specifics and parameters.

15. The price of the services provided by the Provider shall be paid according to the Provider’s effective Pricelist and subject to the terms agreed between the Provider and the User depending on the specifics and volume of the services.

IV. Rights and obligations of the User

16. The User undertakes:

16.1. to comply to the provisions of the present General Terms and the contract for provision of GPS services between the User and the Provider.

16.2. to use the SIM cards provided under the Service Contract with Mobiltel only for receiving of the GPS services specified in the orders under the contract for provision of GPS services between the User and the Provider. The User shall not be entitled to install and/or use these SIM cards in Gateway devices or other types of end devices that are not GPS devices actively indicated according to these General Terms.

16.3. not later than 5 (five) days after signature of a contract for provision of GPS services with the Provider, to submit the respective object to the Provider and/or to grant the latter access to it, with the place and time being settled in advance, for the purpose of inspection and/or active indication of this object through the installation of a GPS device;

16.4. to notify the Provider at telephone 02/923 8620, 088/ 848 00 47 or fax 02/ 485 8717 in the following cases:

a) change in the ownership of the indicated object, change in the insurance policy and the insurance company, change of the registration certificate (when the object is a motor vehicle), change in the number of drivers authorized to drive the indicated motor vehicle, their contact addresses and phones, change of the persons authorized by the User to operate with the provided services. The notification shall be given not later than 24 hours after the change has taken place with respect to the relevant GPS service used by the User;

b) in the event of loss or unlawful taking of the alarm system’s remote control or the keys of the indicated motor vehicle motor vehicle, when the service „Security of Mobile Objects” is used. The notification shall be given immediately after finding out about the event;

c) in case of repair of the indicated object The notification shall be given before commencement of the repair;

d) in case of theft, robbery, loss, destruction or upon the occurrence of another insurance event with respect to the indicated object. The notification shall be given immediately after finding out about the event;

e) in the event of a road accident with the indicated object The notification shall be given immediately after finding out about the event;

f) upon finding a technical fault of the GPS device. The notification shall be given immediately after finding out about the event;

g) in case of finding a technical problem in the indicated object.

16.5. to comply with the rules for operation of the GPS device as described in the User’s Instruction, not to damage the integrity of the warranty sticker of the GPS device;

16.6. to pay the sums due with relation to the used GPS services according to the conditions and terms agreed with the Provider, as well as according to the Service Contract with Mobiltel and Mobiltel’s General Provisions, otherwise its access to the Network and the use of GPS services via this Network respectively may be suspended or terminated;

16.7. not to provide to third persons the personal code number received from the Provider. The use of and indicated object by a third person may take place only after receipt of another code number by the said person. The User shall be personally responsible of the consequences resulting from the provision of the personal code number to third persons;

16.8. to submit to the Provider an indicated object and/or to provide access to it, with the place and time being agreed in advance, for the purpose of repairing an installed GPS device, not later than 3 (three) days after finding out a failure.

17. The User shall be entitled:

17.1. upon parking an indicated motor vehicle, to require placing it under guard through making a connection to the Provider’s control centre, for the purpose of ensuring efficiency in the use of the service „Security of Mobile Objects” and avoiding any insurance events;

17.2. to provide to the Provider an indicated object and/or to provide access to it, with the place and time being agreed in advance, for the purpose of dismantling a GPS device subject to the User’s requisition;

17.3. to receive GPS services as specified in the orders under the contract for provision of GPS services with the Provider, in the scope and quality depending on the technical capacity of the Network and the indicated object.

V. Rights and obligations of the Provider.

18. The Provider undertakes:

18.1. to provide GPS services as specified in the orders under the contract for provision of GPS services with the Provider, in the scope and quality depending on the technical capacity of the Network and the indicated object;

18.2. to perform active indication of the respective object of the User and to provide it with User’s Instructions, after being given access to the object by the User, subject to a schedule agreed with the Provider in advance;

18.3. to issue a Certificate of Active Indication after performing active indication of the relevant object;

18.4. to provide warranty service (according to the terms specified in the warranty card) and after-sales service of the GPS device provided by Mobiltel and installed by the Provider;

18.5. to notify the User in due time upon finding a technical failure or in case of occurrence of another event due to which it is unable to ensure the provision of the relevant GPS service;

18.6. upon performance of the active indication, to provide the User with a personal code number that shall be its unique identifier within the system and/or a chip car for access;

18.7. to provide to the User remote access for the purpose of monitoring and provision of data for parameters controlled by the installed GPS device as a part of the GPS services „Control and Management of a Motor Fleet” and “Telemetry”, in accordance with the parameters of the activated services as specified in the orders under the contract for provision of GPS services between the User and the Provider;

18.8. to notify the User via telephone in the event that it finds a failure in the GPS device which should be eliminated pursuant to the procedure of Par. 16.8, not later than 3 (three) days after finding the failure.

19. The Provider shall be entitled:

19.1. to receive, store and use the data received from the User under the contract for provision of GPS services between the User and the Provider for the purposes of providing the services specified in the present General Terms;

19.2. to make changes in the technology and structure of the GPS services and to expand the scope of the provided services. In case that the GPS devices and SIM card used by the User do not allow for a full utilization of the new services, the replacement of the GPS device and the SIM card with new ones shall be at the User’s expense;

19.3. to suspend temporarily, for the briefest time possible, the provision of GPS services for the purpose of prophylactics and elimination of technical failures.

19.4. to notify the relevant insurance company in the event of occurrence of an insurance event.

VI. Validity of the Certificate of Active Indication

20. The Certificate of Active Indication which shall be issued by the Provider is valid in the territory of the Republic of Bulgaria after signature of a Declaration for receipt of the Certificate and activation of the SIM card built into the User’s GPS device on the basis of the Service Contract with Mobiltel.

21. The Certificate of Active Indication is not valid and the Provider shall not be liable to perform its obligations as specified in these General Terms in the following cases:

21.1. within the period of suspension of the relevant SIM card’s access to the Network, including, but not only, due to nonpayment of sums due by the User under the Service Contract with Mobiltel; and/or

21.2. in case of termination of the Service Contract between the User and Mobiltel and termination of the contract for provision of GPS services between the User and the Provider; and/or

21.3. in case of transfer of ownership over the indicated object and/or change of the registration certificate (when the indicated object is a motor vehicle); and/or

21.4. in case that the integrity of the GPS device is damaged and/or there has been intervention in the GPS device, including removal of the SIM card from it or when the warranty sticker of the GPS device is broken.

VII. Disclaimer.

22. The Provider shall not be responsible in case of partial or full non-performance of its obligations:

22.1. if the SIM card’s access to the Network is suspended for unpaid bills, exceeded credit limit or on other grounds as specified in the contract for provision of GPS services between the Provider and the User, in these General Terms, in the Service Contract between Mobiltel and the User or Mobiltel’s General Provisions;

22.2. in case of partial or full inability to use the services subject of the present General Terms, caused by the technical capacity of the User’s indicated object and/or failure in the GPS device that has nor been eliminated by the Provider within the specified terms through the User’s fault.

23. The Provider shall not be responsible in case of any damages caused to the User with relation to the provision of the services under the present General Terms, unless there is intent or gross negligence by the Provider and/or Mobiltel.

24. Mobiltel is not a party to the contract for provision of GPS services and shall not be responsible to the User for their provision.

25. The parties shall not be responsible for nonperformance of any provision of the present General Terms that is caused by force majeure within the meaning of the Commercial Code.

VII. Termination.

 

26. The provision of GPS service and the contract for provision of GPS services between the User and the Provider respectively shall be terminate:

26.1. upon termination of the Service Contract between Mobiltel and the User, whatever the grounds for that;

26.2. unilaterally by the Provider in case of impossibility for the relevant GPS service to be provided in its full scope due to the technical capacity of the object subjected to active indication. In such event the Service Contract between Mobiltel and the User shall also be terminated;

26.3. in case of change of ownership over the indicated object, in the event of loss or destruction of the indicated object.

27. Upon termination of this contract, the Service Contract with Mobiltel (the GPS contract) shall also be terminated with the envisaged consequences thereof.

VIII. Changes in the General Terms.

28. The Provider is entitled to change the present General Terms unilaterally, undertaking to inform the Users thereof through their publication on the web pages www.gps.bg and www.mtel.bg. The changes shall take effect with respect to the status quo Users as of the date of their publication on the web pages specified.

IX. Settling of Disputes.

29. All disputes between the User and the Provider with relation to the application of the present General Terms shall be settled by mutual consent, and in case that no agreement can be reached – by the competent court of law in the city of Sofia.

X. Additional Provisions.

30. These General Terms, The Certificate of Active Indication, as well as all annexes and orders shall constitute integral parts of the contract for provision of GPS services between the User and the Provider.

31. For application and interpretation of the present General Terms, the Bulgarian legislation shall apply.

These General Terms are approved by the Executive Director of GPS Bulgaria AD and shall take effect as of 01.02.2008.