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 “Trackers,” for the purpose of tracking vehicles owned or operated by the Lessee.

All Trackers 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 Trackers 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 Tracker is $900.00 inc. GST.

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

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

• Provision of all GPS trackers, 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.
• Ongoing warranty.
• Future hardware upgrades where required by the Provider, for example 4G to 5G.

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

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

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

If any leased Tracker, 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 Tracker 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 Tracker, at which point the lease for that Tracker will be considered terminated.

Any replacement Tracker, 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 Trackers to the Lessee, for example from 4G to 5G hardware, the upgraded Trackers will remain the property of the Provider.

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

If the Lessee requests to change from one type of GPS tracker to another, this will be treated as a client-requested hardware changeover and not as a standard hardware upgrade.

Client-requested hardware changeovers are subject to approval by the Provider, and the following changeover fees will be incurred:

• $75.00 inc. GST per Tracker for a standard hardware changeover where no additional accessories, cables, harnesses or adapters are required.
• $125.00 inc. GST per Tracker where the changeover requires additional accessories, cables, harnesses, adapters, configuration or additional handling.

If the replacement Tracker, accessory, cable or harness has a higher replacement value than the original Tracker, accessory, cable or harness being replaced, the Lessee will also be responsible for paying the difference in replacement value as listed in Section 8, unless otherwise agreed in writing by the Provider.

If the replacement Tracker, accessory, cable or harness has a lower replacement value than the original Tracker, accessory, cable or harness being replaced, no refund, credit or reduction to the monthly lease charge will apply.

The Lessee is responsible for all removal, fitting, technician, freight, travel or other third-party costs associated with a client-requested hardware changeover, unless otherwise agreed in writing.

The original Trackers, accessories, cables and harnesses must be returned to the Provider in good working condition within 14 days of the replacement Trackers being supplied, unless otherwise agreed in writing.

If any original Tracker, accessory, cable or harness is not returned, is damaged, has been tampered with, or is not in reasonable working condition, the replacement fees listed in Section 8 may apply.

For large fleet changeovers or changeovers requiring significant configuration, freight, labour, fitting coordination or stock allocation, the Provider reserves the right to provide a custom changeover quote instead of the standard per-Tracker changeover fee.

A client-requested hardware changeover does not reduce, waive, cancel or reset any outstanding lease payments or Minimum Term obligations unless otherwise agreed in writing by the Provider.

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 authorises the Provider or the Provider’s payment processor to charge the payment method associated with the Lessee’s account for monthly lease payments, late fees, replacement fees, approved changeover fees, additional Trackers, accessories, and any other amounts payable under this Agreement.

This authorisation includes further payment attempts for overdue amounts in accordance with Section 12 and continues while amounts remain payable under this Agreement, including while Services are suspended or restricted.

The Lessee agrees to make payments for the lease of GPS trackers 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.
• Payments shall be made via credit card or direct debit using the Provider’s online billing system.
• Any overdue payments must be received within 7 calendar days.
• Unless Restricted Payment Status applies or the Provider has agreed otherwise in writing, the standard payment recovery process allows up to three unsuccessful payment attempts for an overdue lease payment.
• If the payment remains unpaid after the third unsuccessful payment attempt under the standard payment recovery process, the Provider may suspend or restrict GPS tracking Services until all outstanding amounts are paid, and the applicable late fee will apply.
• For overdue balances under $100.00, a $10.00 inc. GST late fee will apply.
• For overdue balances of $100.00 or more, a $25.00 inc. GST late fee will apply.
• Any applicable late fee will be added to the outstanding account balance and may be charged to the payment method associated with the Lessee’s account in the same manner as the monthly lease payment.

Restricted Payment Status: Where the Lessee develops a recurring pattern of failed, declined, dishonoured, reversed, charged-back or overdue payments, the Provider may place the Lessee’s account on Restricted Payment Status. This may include repeated unsuccessful payment attempts, payment failures across multiple billing periods, repeated overdue balances or other repeated payment recovery issues.

While Restricted Payment Status applies, the Provider may reduce the number of unsuccessful payment attempts permitted before GPS tracking Services are suspended or restricted. Depending on the Lessee’s payment history and the payment conditions applied to the account, Services may be suspended or restricted after the second unsuccessful payment attempt or immediately following the first unsuccessful scheduled payment attempt.

Where reasonably practicable, the Provider will notify the Lessee when Restricted Payment Status is applied or materially changed and advise the Lessee of the payment recovery and suspension conditions applying to the account.

For a Lessee on Restricted Payment Status, suspension or restriction of Services does not prevent the Provider or the Provider’s payment processor from making further attempts to recover the outstanding payment. If the payment remains unpaid after the second unsuccessful payment attempt, the applicable late fee will apply regardless of whether Services have already been suspended or restricted.

If Services are suspended or restricted because of an overdue payment, the outstanding payment and any applicable late fee must be paid before Services are restored. Restoration of Services after payment does not automatically remove Restricted Payment Status.

Restricted Payment Status may remain in place until the Lessee has demonstrated a consistent history of successful and timely payments. The Provider may progressively reduce or remove payment restrictions as the Lessee’s payment history improves and may return the account to the standard payment recovery process once a satisfactory payment history has been established. If a recurring pattern of payment failures resumes, Restricted Payment Status may be applied again or more restrictive payment conditions may be imposed within the limits described above.

Restricted Payment Status does not change the amount of lease payments or other recurring fees payable unless separately agreed or otherwise permitted under this Agreement.

• If any payment remains outstanding for 14 days after the due date, the Provider has the right to terminate this Agreement and pursue any outstanding amount using a debt collection agency and/or other legal avenues.
• Additional reasonable costs incurred in the collection process may be borne by the Lessee to the extent permitted by law.
• The Lessee remains liable for all unpaid amounts regardless of whether Services have been suspended, restricted or terminated.
• The Lessee agrees to adhere to the Minimum Term of 36 months for all Trackers, unless otherwise agreed in writing.
• After the Minimum Term, monthly billing will continue on an ongoing basis until cancelled in accordance with this Agreement.

Timely payment is an important part of maintaining uninterrupted GPS tracking services, as lease payments cover ongoing SIM/data usage, platform access, alerts, hosting, account management and support.

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

If Trackers, 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 Provider where a payment remains outstanding for 14 days after the due date, in accordance with Section 12.
• 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 Trackers to the Lessee.

Termination of this Agreement does not affect any accrued rights, outstanding amounts, Minimum Term obligations, replacement fees, late fees, indemnities, limitations of liability or clauses that are intended to continue after termination.

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

This Agreement, together with the Provider’s Terms of Use and any applicable quote, order, invoice, activation terms, Privacy Policy or other written agreement expressly accepted by the Parties, forms the agreement between the Parties for the leased Trackers and related Services.

If there is any inconsistency between this Agreement and the Provider’s Terms of Use, this Agreement applies to the extent of the inconsistency for lease-specific matters.

Subject to the documents referred to above, this Agreement supersedes prior agreements, negotiations and understandings, whether written or oral, concerning the same lease arrangement.

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