TERMS & CONDITIONS
TERMS AND CONDITIONS (Version TC201602)
The Client is a participant in the Ignition Interlock Program (the “Program”). The Program involves the installation of an ignition interlock system in the
Vehicle. The ignition interlock system consists of a sample head, relay module, siren and associated wiring, and such other components as may from
time to time be installed or substituted as additional or replacement components (collectively, the “System”). The Program also involves monitoring the
use and function of the System by means of a built-in events logger, having monitor checks performed and events log information retrieved at regular
intervals, and providing the appropriate authorities responsible for administration of the Program (the “Administering Authorities”) with periodic reports as
to the Client’s compliance or non-compliance with the requirements of the Program. Maximum monitoring periods are established by the Administering
Authorities.
The function of the System is to prevent the Client from operating the Vehicle after consuming alcohol. The System requires a breath test prior to starting
the Vehicle, followed by a series of retests at random intervals. If the driver fails the initial test, the System will enter a lock out state that prevents the
Vehicle from being started for a period of time. If the driver fails a retest or does not take a retest when required, an alarm will sound until the retest is
taken and passed or, alternatively, the driver stops the Vehicle and the engine is shut off. Attempts to tamper with or circumvent the System are recorded
in the events log and are strictly prohibited. The Client is required to have the Vehicle inspected and monitored as scheduled, but if a Program violation
occurs then the monitor date is advanced automatically. If the Vehicle is not returned for inspection and servicing in accordance with the Program, the
System will prevent the Vehicle from being started and the Vehicle will have to be towed to the designated service center at the Client’s expense.
1. IGNITION INTERLOCK SYSTEM: The System is owned by the Service Provider and not by the Client. The Client shall not acquire any ownership
interest in or title to the System. The Client shall not, directly or indirectly, encumber or otherwise impair title to the System. The Client agrees to keep
the System free and clear of all liens and encumbrances and will refrain from removing insignia or lettering on the System which indicates the Service
Provider’s ownership.
The Client shall return to the designated service center to have the System removed from the Vehicle when the Term ends. If the Client does not do so
within ve (5) days after the end of the Term, then the Service Provider and its employees, agents, and representatives shall have the right to recover
possession of the System from the Vehicle wherever it is located without such entry being deemed to be a trespass or other unlawful act. The Client
appoints the Service Provider as the Client’s lawful agent for such purpose, with full power of substitution and with full authority to gain access and
entry to the Vehicle and to remove the System from the Vehicle by whatever means required. Neither the Service Provider nor its employees, agents, or
representatives shall be liable for any loss or damage occasioned thereby, and the Client agrees to indemnify and hold harmless the Service Provider, its
afliates, and their respective employees, agents, and representatives from and against any liability arising therefrom.
2. PAYMENTS: The Client agrees to pay the Service Provider for all fees, charges, and other amounts arising under this Agreement, including those fees
and charges detailed in the Fee Schedule. Except as limited by law, regulation, the Program terms or Administering Authorities, the Fee Schedule is
subject to change at any time, with or without advance notice, and in the sole discretion of the Service Provider.
Fees and charges payable include but are not limited to:
Installation Charge: This charge covers installation and training to familiarize the Client with the use and function of the System. Any changes to or
additions of vehicles during the Term shall result in additional charges.
Monitor Fee: This charge is for the use of the System and scheduled monitoring based on the minimum number of monitoring days detailed on the Fee
Schedule. Monitoring more frequently than specied in the Fee Schedule will result in an Early Service Fee.
Security Deposit: This deposit, if required by the Service Provider, is due and payable upon installation of the System and will be returned, without
interest, to the Client at the end of the Term provided that the System is returned in accordance with this Agreement.
Miscellaneous Service Charges: These charges cover servicing of the System at times and/or places other than regularly scheduled monitoring,
de-installation of the System for a vehicle change or at the end of the Program, as well as other charges not specied in this Section. No charge for
service will be assessed where service is required due to a defect in the System; however the Client shall be responsible for delivering the Vehicle to the
designated service center for repair or replacement of the defect.
Loss Protection Plan: This charge limits the Client’s responsibility, subject to the conditions of the plan as identied in Section 7 herein, for damage to
or loss of the System.
Early Contract Termination Fee: If this Agreement is terminated for any reason prior to the end of the Term, then the Early Contract Termination Fee
listed on the Fee Schedule will be assessed as liquidated damages and not as a penalty. The Early Contract Termination Fee represents a genuine and
reasonable estimate of the damages likely to be suffered by the Service Provider as a result of early termination. Minnesota Clients: your liability for
monitoring and services charges in the event of your voluntary early termination are limited to those costs incurred during the time the System is installed
in the Vehicle.
Appearance Fee: The Client will pay all charges, costs, and expenses incurred by or on behalf of the Service Provider if the Service Provider is
requested to appear or provide information for a hearing, investigation, deposition, or attorney consultation. The Service Provider will charge the Client
for time spent (including preparation and travel time), materials used, and costs incurred at the rates set forth in Document Production and Witness Fee
Schedule version AF201411. The Service Provider must receive payment from the Client of the estimated total amount due in advance of any work by
the Service Provider, regardless of who requests the Service Provider to appear or provide information. Any amounts due from the Client in excess of the
estimate shall be due and payable upon on the date of invoice for the excess.
Taxes: The Client is responsible for all taxes assessable on charges payable by the Client.
Enforcement Costs: The Client will pay all charges, costs, and expenses incurred by or on behalf of the Service Provider in collecting or attempting
to collect amounts due under this Agreement or otherwise taking steps to enforce this Agreement, including steps to recover the System, including
collection fees, attorney’s fees, and court costs.
CLIENT’S INITIALS: _______________
Payment Terms: All payments are to be made by the Client in the form of cash, credit card, personal check, certied check, or bank or postal money
order. At its sole discretion, the Service Provider may require the Client to make all payments by credit card only. Except as limited by law or the terms
of the Program, the Monitor Fee through to the next scheduled monitor date, together with applicable taxes, is due and payable in full at each scheduled
monitor date. Additionally, except as limited by law or the terms of the Program, payment for any other charges, including applicable taxes thereon,
is due in full in advance at the time the costs are incurred. The Client acknowledges that the Service Provider is under no obligation to perform any
services until payment for such services, together with payment of any outstanding balance due, is made. The Client further acknowledges that if the
System is not serviced as required, it will enter a permanent lock out state and the Vehicle will not start.
Monitor Fees and all other applicable charges under this Agreement shall continue to accrue until the System has been returned to the Service Provider
in accordance with this Agreement, even if the System is not returned until after the end of the Term.
If this Agreement expires or if it terminates early for any reason, the Client shall not be entitled to a refund of any prepaid fees, charges, or other amounts
payable under this Agreement.
3. MONITOR APPOINTMENTS: The Client shall return the Vehicle to the designated service center, which the Service Provider may reasonably change
from time to time, for regularly scheduled monitoring as conrmed with the Client when the System is monitored. If an early recall is announced via
the lights and tones of the System, the Client is obligated to return the Vehicle to the designated service center for unscheduled monitoring within the
number of days prescribed by the System.
Upon payment by the Client, the Service Provider will do the following in accordance with Program requirements:
• inspect and service the System;
• retrieve stored information from the System’s events log;
• prepare a report for the Administering Authorities as to the Client’s compliance or non-compliance with the Program; and
• establish the next monitor date.
Service is by appointment only and subject to availability. A 48-Hour Appointment Rescheduling Fee, as set out in the Fee Schedule, will apply if the
Client reschedules an existing appointment, at his/her option and for any reason, within forty-eight (48) hours of his/her scheduled appointment date/
time. A 48-Hour Appointment Rescheduling Fee will not be charged to Client if the Service Provider must reschedule the Client’s appointment at any time
and for any reason. If unscheduled service is required, the Client shall notify the Service Provider at least 24 hours in advance. Any missed appointment
must be re-booked and will result in the payment of a Missed Appointment Fee as set out in the Fee Schedule.
4. SERVICE PROVIDER’S RESPONSIBILITY: Neither the Service Provider nor any of its employees, agents, or representatives shall be responsible
for any loss or damage to the Vehicle or its contents during any installation, servicing, monitoring or removal of the System. The Service Provider will
repair or replace, at the Service Provider’s option and expense, any defect in the System. Such repair or replacement shall be the sole remedy of the
Client with respect to the defect, and the Client waives all other remedies that the Client might otherwise have as a result of such defect. All repairs or
replacements shall be done during normal business hours at the designated service center. In no event shall the Service Provider, its afliates, or any of
their respective employees, agents, or representatives be liable for any indirect, special, or consequential damages or lost prots of the Client or anyone
else arising out of or relating to this Agreement, even if they have been advised of the possibility of such damages or lost prots.
THE FOREGOING IS IN LIEU OF ANY WARRANTY BY THE SERVICE PROVIDER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, THERE
ARE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICE PROVIDER, THE SYSTEM, OR THE PROGRAM.
Without limiting the generality of the foregoing, the Client understands that the Service Provider does not warrant the ability of the Client or other users of
the Vehicle to operate the Vehicle safely with the System and the use of the System does not in any way guarantee the safety of the Client or other users
of the Vehicle, or of any passenger in the Vehicle. Operation of the Vehicle is the sole responsibility of the Client.
The Client also understands that the Service Provider does not warrant the ability of the System to prevent the Client or any other user of the Vehicle from
starting and/or operating the Vehicle in violation of the Program or any federal, state, or local laws. THE CLIENT OR OTHER USERS OF THE VEHICLE
SHALL NOT ATTEMPT TO START OR OPERATE THE VEHICLE AFTER CONSUMING ALCOHOL. THE MANUFACTURER OF THE SYSTEM DISCLAIMS
ALL WARRANTIES EXPRESSED OR IMPLIED AS TO THE SAFETY OF THE CLIENT OR OTHER USERS OF THE VEHICLE OPERATING THE VEHICLE
AFTER DRINKING ANY AMOUNT OF ALCOHOL, OR OF ANY PASSENGER IN THE VEHICLE.
ANY PERSON WHO TAMPERS WITH, MISUSES, OR CIRCUMVENTS THE SYSTEM MAY BE SUBJECT TO CRIMINAL PROSECUTION OR CIVIL
LIABILITY.
5. INDEMNIFICATION: The Client agrees to indemnify and hold harmless the Service Provider, its afliates, and their respective employees, agents,
and representatives from any and all claims, demands, actions, costs, and expenses whatsoever that may arise, directly or indirectly, out of any
act or omission of the Client, other users of the Vehicle, or persons under their care, custody or control, relating to the Client’s participation in the
Program. Such indemnication obligation shall continue after the Term. The Service Provider, its afliates, and their respective employees, agents, and
representatives will not be liable or responsible for any bodily or personal injury or property damage of any nature whatsoever that may be suffered by the
Client, other users of the Vehicle, or any other person, resulting directly or indirectly from the Client’s participation in the Program.
6. PERSONAL DATA COLLECTION AND REPORTING: The Client acknowledges that the System contains various personal data collection, recording,
monitoring, storage, download, inspection, and reporting capabilities, which may include a camera and/or global position satellite (GPS) capabilities.
The Service Provider may collect, review, store, transmit, and report information about the Client, the System, the Vehicle, or the Program to the
Administering Authorities, to other governmental, law enforcement, or judicial authorities, or to other persons or entities whom the Service Provider
reasonably believes are necessary in order for the Service Provider to perform its services, carry out its obligations with respect to the Program or the
System, or fulll its obligations under applicable law.
The Client expressly and irrevocably waives any right to privacy in such information and irrevocably grants the Service Provider permission to so collect,
review, store, transmit, and report such information.
Nothing in this Agreement shall obligate the Service Provider to provide such information to the Client or the Client’s attorney;
CLIENT’S INITIALS: _______________
provided, however, that the Service Provider may elect to provide such information to the Client or an attorney that the Client designates in writing as
representing the Client if the Service Provider determines in its sole discretion that it is permitted to do so by the Administering Authorities. The Client
will warn anyone using the System or whose personal information may be captured by the System that such person has no right of privacy whatsoever
in such information.
Client consents to communications by the Service Provider or the Service Provider’s agents using any of the contact information provided herein,
including contacting Client or nearest relative via e-mail or mobile telephone. Any information obtained by Service Provider or Service Provider’s agents
may be used by Service Provider or Service Provider’s agents in the collection process upon the occurrence of a Default.
Service Provider may send the Client special offers, promotions, surveys, and other marketing information by email using the contact information
provided to Service Provider by Client. If the Client prefers not to receive email marketing materials from Service Provider, the Client may opt-out at any
time by following the instructions to unsubscribe as provided in the Service Provider’s email. Service Provider will not sell, trade, or otherwise transfer the
Client’s personal information to outside parties for marketing or advertising purposes.
7. LOSS PROTECTION PLAN: The Loss Protection Plan (the “Plan”) provides that the Client’s nancial responsibility for damage to or loss of the System
shall be limited to the Plan loss liability amounts indicated on the Fee Schedule. The Client shall be automatically included in the Service Provider’s
Loss Protection Plan and responsible for payment of the Plan’s fees as indicated on the Fee Schedule unless the terms of the Program do not permit the
Client’s participation in the Plan or the Client elects to opt out of the Plan by signing below. The Service Provider reserves the right to terminate the Plan
if the Client has two (2) or more claims under the Plan during the Term or the Client does not pay the Plan’s fees. However, in no event shall the Plan limit
the Client’s nancial responsibility for damage to or loss of the System caused by a willful act or omission on the part of the Client or any other permitted
user of the Vehicle. If the System is lost or damaged while covered by the Plan, then the Client must present a copy of the applicable police report along
with any other evidence of the loss and pay the Service Provider the applicable liability limit fee within seventy-two (72) hours of the loss. If the Client
elects to opt out of the Plan by signing below, and as permitted by the Program, or if the Plan is not available to the Client, then the Client is responsible
for any loss or damage to the System (up to the amount indicated on the Fee Schedule for a complete loss of the System).
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