Terms and Conditions of FINDER Service

This is the Agreement between Monico Technologies Limited (hereafter referred to as “FINDER”) and the subscriber named overleaf (hereafter referred as “Subscriber”) for:

a.Tracking and related services (hereafter referred to as “Services”)

b. The Purchase and/or use of device and/or any other equipment purchased or obtained from FINDER/FINDER’s Dealer/Retailer, including replacement of equipment, for use with the service.

1. FINDER right

1.01 Verify the required documents for every subscriber.

1.02 Suspend/disable or permanently deactivate the services for providing wrong information for being registered under “FINDER” services, and/or for any change in the given information which “FINDER” has not been informed of.

1.03 Scrutinize or procure any document(s) processed by the applied/existing subscribers, which is/are required as per law

1.04 Suspend/disable the service in whole or in parts of its network for repair, maintenance or circumstances beyond FINDER’s control.

1.05 Refuse to provide or refuse to continue providing the service to any person or entity without citing any reason whatsoever.

1.06 Choose the Service No. (Vehicle Number) of the subscribers and to publish or otherwise the numbers/addresses of the subscribers, and/or can change the service No. whenever necessary.

1.07 Refuse to provide the service(s) or terminate the service to the subscriber for not using approved devices.

1.08 Change any provision of this agreement, the tariff and the prices of the service as long as the changes are published two weeks prior in any two of the national dailies with a view to giving the effect to the made changes

1.09 Suspend/disable, delete/permanently deactivate/retire the service if the subscriber resells any account/service number without the consent of “FINDER”.

1.10 “FINDER” reserves the right to change, very, add or withdraw the service and also to change /very/ increase/ decrease the tariff, charges, prices, plans and others related to “FINDER” Service at any time in its sole discretion without showing any reason.

2 Deactivation

2.01 The connection will be deactivated if the customer exceeds his/her credit limit and/or if the customer fails to pay the monthly service charge within the mentioned date in the monthly service charge whichever is earlier.

3. Termination

3.01 “FINDER” will terminate the service(s) if any valid compliant is received/made against the subscriber for any unlawful or abusive purposes, or for sending obscene, in decent, threatening, harassing, unsolicited message or message adversely affecting/infringing upon national, social, or economic interest nor create any damage or risk to “FINDER” or its network and/or other subscribers.

3.02 “FINDER” also reserves the right to terminate the service the service(s) if the subscriber fails to pay the monthly service charge within 60 days of issuance of the unpaid monthly service charge.

4. Service availability and Limits

4.01 The quality, reliability and availability of service, is not guaranteed and the same is dependent on various technical, physical, topological, atmospheric, environmental, regulatory, and legal and such other factors and “FINDER” shall not be liable or responsible for any defect/deficiency in the same

5. Monthly service charging, charges, taxes and fees

5.01 The subscriber is responsible for any usage on his his/her VTS as well as payment of all monthly service charges braised for services provided by subscriber’s usages

5.02 Monthly service charges shall be sent/ (informed online) to the subscribers monthly. The subscriber agrees to pay all charges for the service within 15 days of issuance the monthly service charge.

5.03 If the subscriber does not get the monthly service charge or does not get informed via online mediums like app or web notifications, SMS or emails, within first 7 days of the monthly service charging cycle, it is the responsibility of the subscriber to inform the nearest FINDER regional office/ dealer office/ through helpline.

5.04 “FINDER” invoices the subscribers for taxes, fees and other charges imposed on the subscriber or “FINDER” as a result of providing the Service, as applicable. “FINDER” will not determine as its reasonable discretion, the taxes and fees the subscriber is responsible to pay and the amount of those taxes and fees with, which may change or increase at any time without notice based on government notification and/ or direction.

5.05 Upon termination of this agreement the subscriber must pay all the payments.

6. Penalty

6.01 Penalty will be charged if the monthly service charge remains unpaid within the due date mentioned in the monthly service charge. BDT. 200 or 5% of the outstanding monthly service charge amount whichever is higher will be charged as penalty.

7. Equipment Policy

7.01 The main device and other necessary accessories are the property of the subscribers, FINDER is not responsible for them in case they are lost/stolen/damaged. FINDER is not responsible for fixing any service problem caused by any defects in the devices which are caused intentionally. FINDER is not responsible for repairing or maintaining the same.

7.02 FINDER reserves all rights to provide Value Added Services to the subscribers at its discretion at a price to be fixed by it and to withdraw such services at its sole discretion and without any prior notice at any time.

7.03 The SIM/Internet connection provided with the device is not Finder’s responsibility in case of any loss/ damage/ misuse.

7.04 If the device is lost then FINDER is not liable to track the vehicle and also not responsible for any loss/damage/misuse done by the device.

8. Severability

8.01 All Terms and Conditions herein contained are independent of each other. If any provision of these Terms and Conditions is held to be inapplicable or unenforceable the balance of the Terms and Conditions shall remain unaffected and in full force and effect, unless our obligations are materially impaired, in which event we have the right to terminate the Agreement.

9. Liability of Services

9.01 The subscribers shall not be permitted to assign or transfer any part or parts of his/her rights or obligations under the agreement to anyone without the prior written consent of FINDER.

10. Government Law

10.01 The agreement, its validity, construction and performance is governed by applicable laws of Bangladesh.

11. Service Provider’s Responsibility

11.01 Responsibilities of FINDER are explicitly stated in this agreement, and FINDER takes no other responsibility.

12. In case of any conflict between the English and its Bengali version of the terms and conditions, the English version will prevail.