
Refund and Cancellation Policy
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CDL PROTECT “HORUS GPS”
SERVICE PROGRAM AND EUL AGREEMENT
Refund and Cancellation Policy
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Introduction
This Refund and Cancellation Policy ("Policy") sets forth the terms and conditions governing refunds, cancellations, equipment returns, and related matters concerning the products and services provided by CDL Protect ("we," "us," or "our"), including but not limited to devices, equipment, sensors, and subscriptions offered through our website horusgps.io and any associated applications or platforms (collectively, the "Services").
By making a payment for any of our products or Services, you ("Customer" or "Client") acknowledge that you have read, understood, and agree to be bound by this Policy in its entirety.
1. Non-Refundable Payments
1.1 Subscriptions and Services
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Non-Refundable Fees: All subscription fees, service charges, and any recurring payments are strictly non-refundable upon payment, irrespective of any circumstances, scenarios, or usage.
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Binding Commitment: Upon payment, you agree that no refunds or chargebacks will be issued for any payments made for subscriptions or services.
1.2 Equipment and Device Payments
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Non-Refundable Charges: Payments made for devices, equipment, sensor rentals, or any other one-time charges are non-refundable upon completion of the transaction.
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Acceptance of Terms: By completing the payment, you acknowledge and accept that no refunds will be provided for these items under any circumstances.
2. Cancellation Policy
2.1 Contract Termination
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Early Termination Liability: In the event of cancellation before the end of the agreed plan cycle (which may be 24, 36, 48 months, or any other agreed term), all remaining payments for the entirety of the contract term become immediately due and payable within fifteen (15) days of cancellation.
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Payment Obligation: Failure to remit the full remaining balance within the specified timeframe constitutes a breach of contract.
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2.2 Auto-Renewal Terms
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Automatic Renewal: The contract will automatically renew for an additional term equal in length to the original term without any further notice to you.
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Non-Renewal Notification: It is solely your responsibility to notify us in writing of your intention not to renew the contract at least ninety (90) days prior to the end of the current contract term.
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Method of Notification: Non-renewal notices must be sent via certified mail or recognized courier service to our official business address and must include your account details and signature.
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Failure to Notify: Failure to provide timely notice will result in the contract renewing automatically under the same terms and conditions.
2.3 Failure to Pay
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Default and Remedies: If you fail to pay any amounts due under this Policy within the specified fifteen (15) day period:
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Continued Liability: You remain liable for all outstanding amounts, and we reserve the right to pursue all legal remedies available, including engaging collection agencies or legal action to recover debts owed.
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Interest and Fees: Unpaid amounts may accrue interest at the maximum rate permitted by law, and you agree to pay all costs of collection, including attorney fees and expenses.
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3. Equipment Rental and Return Policy
3.1 Equipment Rental Terms
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Rental Agreement: All devices, equipment, GPS trackers, sensors, and any other deliverables provided by us are rented to you and remain our sole property at all times.
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No Sale of Equipment: Notwithstanding any other information found elsewhere, we do not sell any equipment to clients.
3.2 Return of Equipment
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Obligation to Return: Upon termination, cancellation, or non-renewal of the contract, you are required to return all rented equipment to us within thirty (30) days.
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Condition of Equipment: All equipment must be returned in good working condition, normal wear and tear excepted.
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Return Process: You must use a traceable shipping method and provide us with the tracking information upon shipment.
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3.3 Failure to Return Equipment
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Liquidated Damages: Failure to return the equipment within the stipulated thirty (30) day period will result in a charge equal to three (3) times the original ordering fees for each unreturned device, sensor, or equipment.
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Acknowledgment of Reasonableness: You acknowledge that this charge is a reasonable estimate of the damages we will incur due to the loss of the equipment and is not a penalty.
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Immediate Payment: These charges will be invoiced to you and are due immediately upon receipt.
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Collection and Legal Action: We reserve the right to pursue all available legal remedies, including initiating legal proceedings or employing collection agencies, to recover the amounts owed.
4. Chargebacks and Payment Disputes
4.1 No Chargebacks Allowed
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Agreement Not to Dispute Charges: By making a payment, you agree not to initiate any chargebacks or payment disputes with your bank, credit card company, or payment processor.
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Breach of Contract: Initiating a chargeback or dispute constitutes a material breach of this Policy and the underlying contract, entitling us to pursue all remedies available under law.
4.2 Resolution of Payment Issues
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Direct Communication Required: You must contact us directly to resolve any payment discrepancies or disputes.
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Good Faith Effort: We will make commercially reasonable efforts to address and resolve any legitimate concerns.
5. Double Charges
5.1 Application of Funds
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Credit Toward Future Payments: In the event of a verified double charge for the same transaction, the excess funds will be applied toward your next billing cycle or payment period.
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No Refunds Issued: No refunds will be provided for double charges; the funds will solely be applied as a credit.
5.2 Notification Requirements
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Timely Reporting: You must notify us of any double charges within thirty (30) days of the transaction date.
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Failure to Notify: Claims made after this period will not be honored, and no credit will be applied.
6. Modifications to the Policy
6.1 Right to Modify
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Amendments: We reserve the right to modify, amend, or update this Policy at any time, at our sole discretion.
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Effective Immediately: Any changes will become effective immediately upon posting the revised Policy on our website.
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Responsibility to Review: It is your responsibility to review the Policy periodically for any updates.
6.2 Continued Use Constitutes Acceptance
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Binding Agreement: Your continued use of the Services after any modifications to this Policy signifies your acceptance of the updated terms.
7. Limitation of Liability
7.1 No Liability for Denied Refunds
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Waiver of Claims: We shall not be liable for any claims, losses, or damages arising from the denial of any refund or credit request made outside the terms of this Policy.
7.2 Indirect Damages
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Exclusion of Certain Damages: Under no circumstances shall we be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or related to this Policy or the Services, even if advised of the possibility of such damages.
8. Governing Law and Dispute Resolution
8.1 Governing Law
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Applicable Law: This Policy shall be governed by and construed in accordance with the laws of [Insert Governing Jurisdiction], without regard to conflict of law principles.
8.2 Arbitration Clause
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Mandatory Arbitration: Any disputes, controversies, or claims arising out of or relating to this Policy or the breach thereof shall be settled by binding arbitration administered by the [Insert Arbitration Association] in accordance with its rules.
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Location and Language: The arbitration shall be conducted in [Insert Location], and the proceedings shall be in English.
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Final and Binding Decision: The arbitrator's decision shall be final and binding, and judgment upon the award rendered may be entered in any court having jurisdiction thereof.
9. Entire Agreement
This Policy constitutes the entire agreement between you and us regarding refunds, cancellations, equipment returns, and related matters, superseding any prior agreements, understandings, or representations.
10. Severability
If any provision of this Policy is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
11. Waiver
Our failure to enforce any right or provision of this Policy shall not constitute a waiver of such right or provision.
12. Assignment
We may assign our rights and obligations under this Policy to any affiliate or in connection with a merger, acquisition, or sale of assets, without notice to you.
13. Contact Information
If you have any questions, concerns, or need to provide notices under this Policy, please contact us at:
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Email: philip@cdl.club
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Postal Address: [Insert Postal Address]
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Phone Number: 509-508-4241
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Acknowledgment and Acceptance
By making a payment for any of our products or Services, you expressly acknowledge and agree to the following:
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Binding Agreement: You have read, understood, and agree to be bound by this Refund and Cancellation Policy.
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No Refunds or Chargebacks: You understand that all payments are final, non-refundable, and that you will not initiate any chargebacks or payment disputes.
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Payment of Remaining Balances: In the event of cancellation, you agree to pay all remaining amounts due for the entire contract term within fifteen (15) days.
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Automatic Renewal: You acknowledge that the contract will automatically renew unless you provide timely written notice of non-renewal at least ninety (90) days before the end of the current term.
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Equipment Return Obligations: You agree to return all rented equipment within thirty (30) days upon termination or non-renewal of the contract and understand that failure to do so will result in additional charges.
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Final Provisions
Your adherence to this Policy is essential for the provision of our Services. We are committed to delivering high-quality products and services, and this Policy ensures clarity and fairness in our business relationship.
If you do not agree with any of the terms and conditions outlined in this Policy, you should not proceed with any payments or use of our Services.