General Conditions of Sale 2025

General Terms and Conditions of Sale (GTCS) – Logitrak Sàrl
Version in force as of January 1, 2025

1. Scope of application

These General Terms and Conditions of Sale (hereinafter "GTCS") govern the contractual relations between LOGITRAK Sàrl (hereinafter "the Company") and any professional or private client (hereinafter "the Client") requesting or using geolocation, asset tracking, fleet management services or any other IoT service provided by the Company. They apply to all sales, deliveries, subscriptions and services performed in Switzerland and in the European Union, unless otherwise agreed in writing.

2. Services of the company

The Company provides geolocation, installation, maintenance, fleet management and related services. LOGITRAK reserves the right to adapt or improve its services according to technical, legal or contractual developments. The Company may use subcontractors who comply with the same confidentiality and security requirements as those imposed by these presents.

3. Conclusion of the contract

The contract is concluded upon the Client's signature, electronic acceptance of the offer or activation of the service. The Client acknowledges having read these GTCS and accepting them without reservation. The Client undertakes to provide accurate data and to report any change in their contact information.

4. Duration and Termination

The minimum duration of the contract is 48 months, unless otherwise specified in the special conditions. The contract is tacitly renewed from year to year, unless written termination is sent by registered mail at least three (3) months before the end of the contractual period. Any early termination before the end of the minimum period results in the billing of the remaining monthly installments. LOGITRAK reserves the right to terminate the contract immediately in the event of fraud, improper use, or serious violation of these conditions.

5. Liability

5.1 LOGITRAK Sàrl undertakes to perform its services with care, professionalism, and diligence, in accordance with the rules of the art and the technical standards in force.
5.2 The Company is liable for proven direct damages caused by gross negligence or intentional misconduct on its part. Liability for ordinary negligence is limited under the conditions provided by law.
5.3 Limitation of indirect damages: LOGITRAK Sàrl disclaims all liability for indirect, immaterial, or consequential damages (such as loss of profit, loss of business, loss of data, or indirect financial losses), unless these damages result from gross negligence or intentional misconduct by LOGITRAK.
5.4 Liability cap: The contractual liability of LOGITRAK, all causes combined, is limited to the amount actually paid by the Client under the contract during the twelve (12) months preceding the damaging event. This limitation applies to the extent permitted by law.
5.5 Specific exclusions: LOGITRAK cannot be held liable for temporary interruptions of service due to maintenance, updates, third-party operations, cyberattacks, network failures, or cases of force majeure, except in the case of gross negligence or intentional misconduct.
5.6 The above limitations and exclusions shall not affect LOGITRAK's liability in the event of fraud, gross negligence, injury to physical integrity, violation of mandatory legal obligations (in particular regarding data protection), or mandatory legal provisions.

6. Client's Obligations and Rights

6.1 The Client undertakes to use LOGITRAK services in accordance with applicable Swiss and international legislation. They must respect criminal law, data protection, telecommunications legislation, and intellectual property.
6.2 The Client is responsible for their equipment, software, and internet connections necessary for the operation of the service. The Company is not responsible for breakdowns caused by a wrong configuration, defective hardware, or a lack of connectivity.
6.3 The Client must preserve the confidentiality of their access credentials and is prohibited from any transmission to third parties without written authorization. Any use made by means of their credentials is deemed to be carried out by themselves.
6.4 The Client must immediately inform LOGITRAK of any unlawful, abusive use, or use contrary to the contract. The Company reserves the right to immediately suspend the concerned services until the problem is resolved.
6.5 The use of LOGITRAK services is subject to compliance with "netiquette". Any abusive, fraudulent behavior, or behavior contrary to the law may result in the suspension or termination of the contract.
6.6 The user must ensure that their use of the internet and the tracker complies with Swiss and international legislation, including compliance with criminal law, data protection, telecommunications, and intellectual property.

7. Troubleshooting (Repair of Breakdowns)

LOGITRAK provides a technical assistance service during business hours. Breakdowns are processed within 24 hours. If the breakdown is attributable to the Client's equipment or to improper handling, the intervention costs shall be at their expense. Necessary interruptions for maintenance or updates do not entitle to any compensation.

8. Invoicing and Payment Conditions

Services are invoiced according to the contractual rates or the prices in force at the time of signing. Invoices are payable within thirty (30) net days. In the event of late payment, a default interest of 5% is applied, as well as a reminder fee of CHF 20.— per reminder. The Company reserves the right to suspend services until full payment of the amounts due.

9. Equipment, SIM Cards, and Licenses

The trackers, SIM cards, and other provided equipment remain the property of LOGITRAK until full payment. The Client may not assign, modify, or damage the equipment. In the event of loss, theft, or damage, they must immediately inform the Company. SIM cards are strictly reserved for the use provided for in the contract. Any improper use may be billed and result in the suspension of the service.

10. Data Protection

10.1 Compliance: LOGITRAK Sàrl processes all personal data in accordance with the Federal Act on Data Protection (FADP, revised in 2023) and, for clients in the European Union, the General Data Protection Regulation (GDPR).
10.2 Purposes and legal basis: Data is collected and processed solely for the execution of the contract, invoicing, technical assistance, service security, and legal obligations. The processing is based on the execution of the contract and, where applicable, on the Client's consent when required.
10.3 Security measures: LOGITRAK implements appropriate technical and organizational measures (access controls, encryption, backups, patch management, authentication and logging procedures) to protect the confidentiality, integrity, and availability of data.
10.4 Notification of breaches: In the event of a security breach resulting in a high risk to the rights and freedoms of the individuals concerned, LOGITRAK will promptly notify the Client and, if necessary, the competent authorities in accordance with legal requirements.
10.5 Rights of individuals: The Client and the data subjects have the rights of access, rectification, erasure, restriction, objection, and portability, to the extent that these rights apply. Requests can be sent to info@logitrak.ch.
10.6 Subcontracting and transfers: LOGITRAK may use subcontractors for data processing. Any transfer of data outside the European Union/EFTA will only take place with appropriate safeguards (standard contractual clauses or other recognized mechanism) and in accordance with applicable legislation.
10.7 Cooperation: LOGITRAK undertakes to cooperate with the Client to allow the exercise of the rights of the individuals concerned and to respond to requests from data protection authorities.

11. Applicable Law and Jurisdiction

These GTC (General Terms and Conditions) are subject to Swiss law. Any dispute falls under the exclusive jurisdiction of the courts of the canton of Vaud, forum of Renens, subject to mandatory forums provided by law. For clients in the European Union, the rules of the GDPR apply additionally for the protection of personal data.

12. Final Provisions

If any provision of these GTC should be deemed null or inapplicable, the other provisions remain valid. LOGITRAK Sàrl reserves the right to modify these GTC at any time. The version in force is the one published on www.logitrak.ch at the time of the conclusion of the contract. The most recent version prevails over any prior version.