Lease Agreement

This Agreement is entered into between MEO Technologies Pty Ltd trading as BlackOwl GPS (ABN 53 650 206 438), hereinafter referred to as the “Provider,” and the lessee of said services, hereinafter referred to as the “Lessee.”

This Agreement shall be effective as of the date of electronic signature below, the “Effective Date.”

The Provider agrees to lease to the Lessee, and the Lessee agrees to lease from the Provider, GPS tracking hardware, hereinafter referred to as “Units,” for the purpose of tracking vehicles owned or operated by the Lessee.

All Units supplied under this Agreement remain the property of the Provider at all times. This Agreement is a lease agreement only and does not transfer ownership of the Units to the Lessee at any stage. This Agreement is not a lease-to-own arrangement.

The minimum term of this Agreement shall be for a period of 36 months from the Effective Date, hereinafter referred to as the “Minimum Term.”

After the Minimum Term ends, this Agreement will continue on an ongoing monthly basis at the same monthly rate unless cancelled in accordance with this Agreement.

The minimum total cost per Unit is $900.00 inc. GST.

After the Minimum Term, monthly lease charges will continue to apply for each active Unit unless the relevant Unit is cancelled and returned in accordance with this Agreement.

The above price includes but is not limited to the following:

• Provision of all vehicle GPS tracking hardware, excluding any installation costs.
• Software access for tracking, with 1 account included with concurrent user access.
• Additional accounts may incur a monthly fee.
• SIM cards and all associated data charges.
• System alerts.
• Future hardware upgrades where required by the Provider, for example 4G to 5G.

Any adjustments to the number of GPS Units in this lease agreement may incur a pro rata charge.

If any Units are returned before the end of the Minimum Term, an early termination charge will be incurred. The early termination charge for returned Units will be the remaining minimum balance for each Unit returned.

If Units are added after the Effective Date, each additional Unit may be subject to its own 36-month Minimum Term from the date that Unit is supplied, unless otherwise agreed in writing.

If any leased tracking device, accessory, cable or harness is lost, stolen, damaged, not returned, or returned in an unusable condition, the Lessee will be responsible for the applicable replacement fee.

Replacement fees are as follows:

• Hardwired tracker: $250 inc. GST
• Hardwired OBD2 harness: $50 inc. GST
• Hardwired cigarette lighter harness: $50 inc. GST
• OBD2 tracker: $250 inc. GST
• OBD2 extension cable: $25 inc. GST
• Portable tracker, small: $250 inc. GST
• Portable tracker, large: $300 inc. GST

Where a replacement device is required during the lease term, the Lessee will be responsible for either:

• Paying the applicable replacement fee and continuing the existing lease term.
• Paying the remaining minimum contract value for that device, at which point the lease for that device will be considered terminated.

Any replacement device, accessory, cable or harness issued will remain the property of the Provider and will remain subject to the original lease term and conditions. The minimum contract value and billing cycle will continue unchanged unless otherwise agreed in writing.

In the event that the Provider issues upgraded hardware to the Lessee, for example from 4G to 5G units, the upgraded Units will remain the property of the Provider.

Unless otherwise agreed in writing, the issue of upgraded hardware may restart the 36-month Minimum Term for the upgraded Unit from the date the upgraded hardware is supplied.

The Lessee agrees to pay the Provider the total amount specified in Section 5 in accordance with the payment terms outlined in this Agreement.

The Lessee agrees to make payments for the lease of GPS tracking Units in accordance with the following terms:

• All payments are due on the same day each month, being the day this Agreement was signed, unless otherwise agreed in writing.
• Any overdue payments must be received within 7 calendar days.
• A late payment fee of $25 inc. GST applies to each overdue lease payment.
• Payments shall be made via credit card or direct debit using the Provider’s online billing system.
• In the event of any overdue payment, the Provider reserves the right to limit account access or suspend all GPS tracking services until the outstanding payment has been received.
• If any payment remains outstanding for 14 days after the due date, the Provider has the right to cancel this Agreement and pursue any outstanding amount using a debt collection agency and/or other legal avenues.
• Additional costs incurred in the collection process shall be borne by the Lessee.
• The Lessee agrees to adhere to the Minimum Term of 36 months for all Units, unless otherwise agreed in writing.
• After the Minimum Term, monthly billing will continue on an ongoing basis until cancelled in accordance with this Agreement.

These payment terms are an integral part of this Agreement and are binding upon both Parties.

All pricing includes 10% GST, unless otherwise stated.

The Provider shall be responsible for the maintenance and support of the Units during the term of this Agreement, including any necessary repairs or replacements, excluding loss, theft, damage, misuse, unauthorised removal, or damage caused by incorrect installation or third-party interference.

The Provider shall take reasonable steps to ensure all tracking services remain online and operational. If scheduled downtime is required, the Lessee will be informed via email no earlier than 48 hours prior to said downtime where reasonably practicable.

The Provider agrees to undertake scheduled system maintenance between the hours of 12:00am and 1:00am where reasonably practicable, unless urgent or necessary maintenance is required.

After the Minimum Term has ended, the Lessee may cancel the ongoing monthly lease by providing written notice to the Provider in accordance with the Provider’s cancellation requirements.

All leased Units, accessories, cables and harnesses must be returned to the Provider upon cancellation, unless otherwise agreed in writing. Ownership of the Units does not transfer to the Lessee after the Minimum Term or at any other stage.

If Units, accessories, cables or harnesses are not returned, or are returned damaged, the Lessee may be liable for the applicable replacement fees listed in Section 8.

This Agreement may be terminated:

• By mutual agreement of the Parties.
• By either Party in the event of a material breach of this Agreement by the other Party.
• By either Party upon written notice if the other Party becomes insolvent or bankrupt.
• By the Lessee after the Minimum Term, provided cancellation is completed in accordance with this Agreement.

Termination of this Agreement does not transfer ownership of any leased Units to the Lessee.

This Agreement shall be governed by and construed in accordance with the laws of Australia.

This Agreement constitutes the entire understanding and agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, negotiations, and understandings, whether written or oral, between the Parties.

By submitting the following information electronically, the Parties acknowledge and agree to be bound by the terms of this Agreement.

The Provider
MEO Technologies Pty Ltd trading as BlackOwl GPS
ABN 53 650 206 438
PO Box 308, Sunbury VIC 3429
info@blackowlgps.com.au