Cell Phone Tracking Authorization Form

Cell Phone Tracking Authorization Form

THIS AUTHORIZATION AGREEMENT is entered into by and between Client Name: and Service Provider: (collectively, the "Parties") as of Effective Date: .

WHEREAS

WHEREAS, Client engages Service Provider to perform electronic location tracking and associated data services for cellular telephones and similar mobile devices as described herein; and

WHEREAS, Client represents that it has the legal authority to authorize tracking of the device(s) identified below and agrees to comply with all applicable laws governing notice, consent and privacy; and

WHEREAS, Service Provider agrees to collect, store and use location and device data only as expressly authorized in this Agreement and in accordance with the terms set forth below.

Scope of Work

Purpose and Limitations

Authorized Purpose(s):

Tracking methods authorized shall be limited to GPS, Wi‑Fi positioning and cell‑tower triangulation unless additional methods are authorized in writing by Client. Service Provider shall not use tracking capabilities for any purpose outside the Authorized Purpose(s).

Payment Terms

Fee Amount:    Payment Schedule:

Late Fee: A late fee of will apply to overdue balances. Client shall be responsible for all reasonable collection costs and attorneys' fees incurred to enforce payment obligations.

Term and Termination

Term Start Date:    Term End Date:

Either Party may terminate this Agreement for convenience upon written notice to the other Party at least days prior to the intended termination date. Termination for material breach may be immediate if the non‑breaching Party provides written notice and the breach is not cured within ten (10) days of receipt of such notice, unless otherwise specified herein.

Confidentiality and Data Handling

Service Provider acknowledges that location data, device identifiers and related records collected under this Agreement constitute Confidential Information. Service Provider shall:

• Collect and retain Confidential Information only to the extent necessary to perform the Scope of Work;
• Implement industry‑standard technical and organizational safeguards to protect Confidential Information against unauthorized access, disclosure, alteration or destruction;
• Not disclose Confidential Information to any third party except (a) with prior written consent from Client, (b) to subcontractors bound by equivalent confidentiality obligations, or (c) as required by law with prompt notice to Client where permitted.

Data Retention Period (days): . Upon expiration of the retention period or termination of this Agreement, Service Provider shall securely delete or destroy location data in accordance with its data destruction policies and applicable law.

Compliance, Representations and Warranties

Client represents and warrants that it has the legal authority to grant the tracking authorizations set forth in this Agreement with respect to the devices listed above. Service Provider represents and warrants that it will perform tracking services in compliance with all applicable federal, state and local laws governing electronic surveillance, privacy and notice.

Limitation of Liability and Indemnification

Except for willful misconduct or gross negligence, neither Party shall be liable to the other for incidental, consequential or punitive damages arising from performance or nonperformance under this Agreement. Client shall indemnify and hold Service Provider harmless from claims, liabilities and expenses arising from Client's breach of representation or unauthorized use of the tracking services, except where caused by Service Provider's gross negligence or willful misconduct.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflicts of law principles.

Entire Agreement

This document, together with any written attachments or addenda signed by both Parties, constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior oral or written agreements, representations and understandings. Any amendment must be in writing and signed by both Parties.

Acknowledgment and Consent

By signing below, Client acknowledges that they have read and understand the terms of this Authorization, have had the opportunity to ask questions, and knowingly and voluntarily consent to the collection and use of location data for the Authorized Purpose(s) described herein. Client further acknowledges that they may revoke this authorization in writing in accordance with the Term and Termination provisions, except to the extent actions have already been taken in reliance on this authorization.

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