Terms of Service

These “Terms of Service” as well as any schedules attached to these Terms of Service (“Schedules”) represent the entire Agreement (“Agreement”) between you (the “Customer”, “I,”, “me,” “your” and “you”) and Digital Products Limited (“DPL Wireless”, “DPL”, “DPL Group”, “we”, “us” and “our”). You should review the entire Agreement. All of the parts are important and together create a legal agreement that applies to you once signed by the Customer. DPL relies upon your word that you have reached the legal age of majority and that the person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. Your account information may, from time to time, be disclosed to employees of Digital Products Limited in order to service your account and/or respond to your questions.

Definitions:

“Device” or “Devices” - any type of DPL wired and/or wireless telecommunications device or hardware.
“Services” – Connection to DPL portal, backend and any DPL SaaS (Software as a Service) that Customer or Third Party uses, regardless of if connection is made through DPL or Non-DPL connections into its data centers and regardless of if the connection is wireless or IP based. Services are “Cloud Services” provided by DPL. Services include any type of Electronic communications with DPL and Non-DPL Devices, communications to/from DPL data centers and communications to/from the Customer and/or third-parties.
“End Equipment” – In the case of ATM, DPL Hercules, DPL Shield, DPL Duo or wired or other third party wireless connectivity this shall mean the Physical ATM machine, Kiosk, BTM (Bitcoin teller machine), ITM (Interactive teller machine) or similar from which the data to/from Services is originating from and terminated to. In the case of DPL AMS, DPL TrackAll, DPL MultiTrack this shall mean the Physical heavy equipment, car, truck, pump, generator or similar equipment on which the DPL product is mounted.
“Plan Charge” or “Plan Charges” - the monthly subscription fee(s) for your Services.
“Hardware Charge” or “Hardware Charges” - the purchase fee(s) for Devices and/or Hardware.
“Month to Month Agreement” or “Month to Month Agreements” – the default agreement for Devices purchased at MSRP.
“Wireless Service Agreement” or “Wireless Service Agreements” – a term based agreement for a reduced Device purchase price in exchange for a commitment to a preset Plan Charge for the term of the Wireless Service Agreement.
“Extended Service Agreement” or “Extended Service Agreements” – a month to month service agreement that includes both a Plan Charge and an Extended Warranty Charge.
“Extended Warranty Charge” or “Extended Warranty Charges” - a monthly Device add-on charge that extends the warranty for the Device. The warranty will remain valid as long as the monthly Extended Warranty Charge is paid.

By entering into these Terms of Service, you:

Authorize DPL to obtain information about your credit history and agree that DPL may provide information to others about your credit experience with DPL;
Accept all provisions of these Terms of Service;
Agree to cause all persons who use your account or with your authorization to comply with these Terms of Service;
Acknowledge that the acts or omissions of all persons who use your account or with your authorization will be treated for all purposes as your acts or omissions;
Acknowledge that you have received and/or had the opportunity to review a copy of the DPL Terms of Service;
Confirm that the information you have provided to us is up-to-date and accurate; and agree to notify us of any change in your information.

General Terms and Conditions:

This Agreement becomes effective only when DPL has received and approved the Customer’s request for Services.
This agreement supersedes any previous service agreements including those indicated on previous purchase orders and order forms and applies to all Customer purchased Services.
All Device ownership is transferred to the customer at the time of purchase.
You understand and agree that you are bound by these Terms of Service. If you do not agree you must pay any remaining fees as set forth in this Agreement and cease usage of DPL Devices and Services.
DPL reserves the right to change the Agreement by giving you at least 30 days’ prior notice in writing of the change. Notice may be provided by including it on your invoice, by sending it to you via email, or by any other reasonable method including hyperlinks to the updated documentation on the Internet. Subject to DPL’s right to make changes, no other statements (written or verbal) will change this Agreement. If you elect to refuse a change to this Agreement then you may terminate your Services with DPL following the guidelines set forth in this Agreement.
If any part of this Agreement becomes outdated, prohibited or unenforceable, then the remaining Terms of Service will continue to be applicable. If DPL elects to not enforce any part of this Agreement, the Terms of Service remain valid and DPL can elect to enforce it in the future.
DPL agrees not to disclose, sell or share Customer’s specific data with any third party without expressed Customer consent. Customer agrees that aggregate data which DPL transforms from specific data is the property of DPL.
If Customer is no longer the owner of the Device (because the device has been resold, for instance) and/or is not the owner of the End Equipment then Customer agrees to maintain a contract with its downstream customer(s) and all third parties down the line and including the End Equipment owner. This contract must detail the specifics in this Terms of Service including the Warranty and Limitation of liability section and all parties must agree. Any of (1) Usage of Services, (2) payment for Services to either DPL or Customer, (3) programming of equipment for ATM RMS and (4) accessing of DPL portal are agreed by Customer to be acceptance of this clause. If Customer considers the maintenance of contracts with its downstream customers to be too much of a burden then Customer shall not request DPL to enable the portion of the Service which makes sensitive information about End Equipment available to Customer.
Services are available to Customers within range of participating wireless service providers and to Customers able to facilitate their own IP connection to DPL’s infrastructure.
Scheduled Maintenance Window: DPL’s planned outages occur during monthly scheduled maintenance windows set for first or second Tuesday of the month from 05:00AM to 07:00AM Eastern standard Time (EST/EDT). Emergency/exception planned outages may occur outside of these existing maintenance windows to mitigate or avert any pending or uncontrolled failures.
Customer has 30 days from receipt of product to return product for a full refund on the Hardware Charges, providing that Device is still in good working condition. Customer also agrees to pay the prorated Plan Charges of the trial period from time of activation until Customer requests deactivation and returns the units. Customer is responsible for return shipping costs.
Customer accepts and acknowledges that DPL collects information from our customers through applications, websites (via cookies), emails and support calls for the purposes of conducting business with our customers, as well as to analyze and improve DPL's products and services.

Rates and Charges:

The Customer is responsible for payment to DPL of the charges related to the Services and purchasing of Devices/Hardware.
3G/4G Devices: Wireless Service Agreements begin on the date of Device purchase, after the initial term has expired, the Device will revert to an Extended Service Agreement on a month to month renewal. Customers may call in after the initial term has expired to request that Devices be placed on a Month to Month Agreement at the expense of canceling extended warranty coverage.
LTE Devices: Wireless Service Agreements begin on the date of Device purchase, after the initial term has expired, the Device will automatically revert to a Month to Month Agreement. Please note that the Warranty for LTE devices purchased on Wireless Service Agreements is the same as devices purchased outright on Month to Month plans. Refer to your product documentation for warranty details.
Wireless Service Agreements begin on the date of Device purchase, after the initial term has expired, the Device will revert to an Extended Service Agreement on a month to month renewal. Customers may call in after the initial term has expired to request that Devices be placed on a Month to Month Agreement at the expense of canceling extended warranty coverage.
The Customer is responsible for all applicable taxes and fees (including those not collected by DPL).
The Customer may authorize payment by cheque, credit card or ACH/EFT. Customers with any Wireless Service Agreements must use ACH/EFT for all of their monthly Plan Charges.
Monthly Plan Charges will be applied on the 15th of every month.
Credit Card Data: As a PCI DSS (Payment Card Industry Data Security Standard) compliant Service Provider and Merchant, DPL acknowledges that it is responsible for the security of cardholder data (CHD) that DPL possesses or otherwise stores, processes or transmits as part of the Services.
For Visa Customers, this charge will show up as “Digital Products Limited” on your statement.
For MasterCard Customers, this charge will show up as “DPL Digital Products” on your statement.
Billing and invoices will come from ‘DPL’ in Canada: 53 Clark Road, Rothesay, NB E2E 2K9
To deactivate or suspend Services for eligible Devices you must do one of the following:
- Email your request in writing to support@dplwireless.com
- Mail your request to the address on this Agreement
- Fax your request to the fax number on this Agreement
Refer to Schedule A: Fees for more information on Discretionary Account and Device Fees.

Warranty & Limitation of liability:

DPL does not guarantee uninterrupted Services and shall not be liable to any Customer, user or other person resulting from mistakes, omissions, interruptions, delays, errors in transmission, defects in transmissions, failures or defects in equipment, or for any other reason including the failure to transmit which is caused by acts of God, fire, explosion, war, riots, strikes, lockouts, picketing, boycotts, acts of government authorities and causes originating in the facilities or any parts of the cellular telephone network. Without restricting the foregoing, in no event will DPL be liable for indirect consequential or economic loss or damage, including loss of profits even if advised of the possibility thereof.
No credit allowance shall be given for interruptions caused by the Customer’s negligence or by the Customer’s willful acts or for interruptions caused by the failure of Customer’s equipment.
Installation of DPL Devices is the responsibility of the Customer unless otherwise specified. Customers are accountable for their own safety when installing DPL Devices.
Warranty: Please refer to your product documentation for the duration and details of your product warranty. Warranty does not cover loss or physical damage. DPL is not liable for the loss of Customer equipment, cash or business transactions. DPL’s liability is limited to the price paid for your Device in question.
IN NO EVENT SHALL DPL BE LIABLE TO CUSTOMER FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE SERVICES OR DEVICES OR DOCUMENTATION OR LACK THEREOF, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OF NOT DPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
The foregoing is DPL’s complete and only liability to the Customer.

Responsible Use of DPL Devices and Services:

Abuse or misuse of DPL Devices and Services could result in the termination of your Agreement with DPL and/or lead to criminal or civil charges.
You are prohibited from using, enabling, facilitating, or permitting the use of any DPL Device or Services for an illegal purpose, criminal or civil offence, intellectual property infringement, harassment or in a manner that would breach any law or regulation.
You are prohibited from adapting, reproducing, translating, modifying, decompiling, disassembling, reverse engineering or otherwise interfering with any DPL software, websites/portals and mobile resources or Devices used in connection with DPL for any purpose including “testing” or research purposes; or modifying, altering, or defacing any of the trade-marks, or other intellectual property made available through DPL or using any indemnity or intellectual property except for the express purpose for which such intellectual property is made available to you through DPL.
Customer agrees it will not provide DPL with any information which is Confidential from any third party. Customer shall maintain any DPL Confidential information it holds in strict confidence.
Using harassing or abusive language or actions, whether verbal, written or otherwise, directed at DPL employees, suppliers, agents and representatives could result in the termination of your Agreement with DPL and/or lead to criminal or civil charges.
If Customer is not the owner of the device which resides in the End Equipment then Customer agrees not to disclose any sensitive data it may be aware of by using DPL Services with any other party without express consent from the owner of the End Equipment. This sensitive data includes, but is not limited to: site location, specifics, cash data, usage profile, financial details and/or other specific knowledge.
The Customer is responsible for obtaining the necessary legal consent(s) from those monitored users who are being tracked and/or monitored by your use and your sub-account holders’ uses of the Device(s) and shall authorize the tracking and/or monitoring of such Device(s) by DPL and its subcontractors. If a monitored user is a minor, you acknowledge that you and/or your sub-account holder have lawful guardianship over such minor and you further acknowledge that you and/or your sub-account holder have the legal right to lawfully monitor a user in the location or locations where the Device(s) is used. The services are not intended to track minors nor to collect information about minors to avoid being in violation of COPPA or any other regulation. You agree to indemnify and hold DPL, its agents, licensees, licensors, and subcontractors harmless from any and all costs and expenses regarding any claim(s) arising from the unauthorized tracking and/or monitoring of the Device(s) by you or your sub-account holders.

Termination of DPL Services and/or Agreement:

In the event that you wish to terminate your Services with DPL then please contact DPL Support.
You will be responsible for all Plan Charges up to the date of termination as well as all remaining charges included in Device purchases and/or Wireless Service Agreements.
In the event that this Agreement is terminated before a Wireless Service Agreement term has been completed, by either party, the customer indicated in this agreement agrees to immediately pay DPL an early termination fee equal to the lesser of:
- ATM Hercules - 1) $300 or 2) the amount that is equal to the number of months remaining unpaid in the term multiplied by the Monthly Wireless Cost.
- Titan CANBus (AMS710) - 1) $400 or 2) the amount that is equal to the number of months remaining unpaid in the term multiplied by the Monthly Wireless Cost.
- Titan TrackAll/Multitrack - 1) $300 or 2) the amount that is equal to the number of months remaining unpaid in the term multiplied by the Monthly Wireless Cost.
DPL reserves the right to terminate any DPL Services or this Agreement for any reason upon a minimum of 30 days’ prior written notice to you.

Events of Default:

The Customer fails to make a payment when a payment is due.
The Customer breaches or fails to comply with any part of this Agreement.
In the event a default should occur, DPL will make all reasonable attempts to work with the Customer to ensure that there are no interruptions in Services. If the event of default is unresolved after attempting to resolve the situation, DPL may at its discretion and in no particular order:
- Apply Discretionary Account Fees (Refer to Schedule A: Fees)
- Suspend the Customer’s Services until resolved
- Terminate this Agreement. In the event of a termination, DPL will immediately bill the Customer for all outstanding Plan Charges, Wireless Service Agreements and all costs/expenses, including but not limited to, legal expenses incurred by DPL in exercising its remedies as specified herein. In all cases DPL shall incur no liability whatsoever and the Customer shall remit payment on the bill immediately upon receipt of the bill.

Assignment:

This Agreement cannot be transferred or assigned by the Customer without the express consent of DPL.

Language:

The English language will control with respect to the construction and interpretation of this Agreement. Any version of this Agreement in a language other than English is provided as a convenience. The English language version of this Agreement will govern and control over any such other version of this Agreement in all respects.

Governing Law:

This Agreement shall be governed by and construed in accordance with the laws applicable in the Province of New Brunswick, Canada and shall be subject to the exclusive jurisdiction of the courts in New Brunswick, Canada

Schedule A: Fees

Discretionary Account Fees
- Late Payment Fee: Interest is charged on overdue balances. An overdue balance is one where charges have been billed on a previous statement and have not been paid in full by the due date. On the date when interest is charged (typically 2-3 days following the due date), the overdue balance is then multiplied by 2% monthly (26.82% per annum)
- Reactivation Fee (account suspended for non-payment): $20.00
- NSF/Returned Payment/Pre-Authorized Payment Failure/Credit Card Denial: $35.00

Device Fees
- Deactivation:
  - 3G/4G: All applicable Plan Charges up to the date of Customer notification to deactivate the Device and all remaining Hardware Charges and/or charges from Wireless Service Agreements.
  - LTE: All applicable Plan Charges up to the date of Customer notification to deactivate the Device and all remaining Hardware Charges and/or charges from Wireless Service Agreements. ***If deactivated, Verizon LTE Devices will be unable to be reactivated.***
- Suspension:
  - 3G/4G:

- - - Devices on Wireless Service Agreements may not be suspended until the term of the agreement has expired.
    - ATM Customers: The Customer may suspend a unit indefinitely on a $5.00/month Plan Charge.
    - AMS Customers: The Customer may suspend a unit indefinitely on a $7.00/month Plan Charge.
    - Devices that are powered on while on a suspend plan may incur additional charges up to $100. Please contact DPL Support to ensure that Devices are removed from the Suspend plan prior to usage.3G/4G:
  - LTE:
    - Devices on Wireless Service Agreements may not be suspended until the term of the agreement has expired.
    - ATM Customers: The Customer may suspend a unit indefinitely on a $5.00/month Plan Charge for single SIM devices, and $7.00/month Plan Charge for dual SIM devices.
    - AMS Customers: The Customer may suspend a unit indefinitely on a $7.00/month Plan Charge.
    - Devices that are powered on while on a suspend plan may incur additional charges up to $100. Please contact DPL Support to ensure that Devices are removed from the Suspend plan prior to usage.
- Reactivation:
  - 3G/4G: $25.00 for each deactivated Device. $9.00 for each suspended Device.
  - LTE: $25.00 for each deactivated Device. $9.00 for each suspended Device. Deactivated Verizon Devices are not able to be reactivated.
- Overage Fees:
  - 2-Way/RMS and Unlimited Transactions for 3G/4G/LTE ATM units are subject to reasonable usage for a typical ATM. DPL, at its discretion, reserves the right to cancel this agreement if usage is deemed excessive.
  - Excess Data Use: The monthly Plan Charge is based on data expected to be used across all the Devices on the same data plan pooled together. If such aggregated use exceeds the elected data plan, excess usage fees may apply. If data usage is extreme, DPL reserves the right to temporarily suspend Service until the customer agrees that the overage fees will be paid and/or moves the device(s) to a higher data plan.
  - Certain AMS/GPS billing plans are subject to overage charges, please contact our sales team for details of your plans

Version: 231001

Terms of Service

Company

Products

Support

Blog