SATPHONECITY
TERMS AND CONDITIONS GOVERN THE PURCHASE OR RENTAL OF EQUIPMENT AND/OR
SERVICES.
AGREEMENT:
Usage of equipment and/or services signifies acceptance of SatPhoneCity
Terms and Conditions.
SERVICE:
SatPhoneCity shall provide Equipment and/or Services to the Customer upon
acceptance of a Customer's subscription or rental order. All orders are
subject to SatPhoneCity's approval.
SERVICE RULES:
Service and Equipment may not be used for any unlawful, fraudulent or
abusive purpose and must be used as required by all applicable laws. The
Customer is prohibited from storing, distributing or transmitting any
unlawful material through SatPhoneCity's services.
SERVICE AVAILABILITY:
Services are available exclusively within the current operating range of
our service provider's (the "Supplier") territory. Refer to www.SatPhoneCity.com for details on territories where Services are
available under the Customer's selected service plan (the "Service
Plan").
LIABILITY REGARDING SERVICE: SatPhoneCity assumes no responsibility for any damage,
loss of property, opportunity or earnings, personal injury, death or any
other loss whatsoever resulting from the Customer's use of Services and
Equipment, including, but not limited to, use of 911. This limitation
applies to acts or omissions of SatPhoneCity, its Suppliers, Agents,
Employees and all persons for whom it may be responsible. SatPhoneCity
does not guarantee the provision, quality and consistency of the Services
as provided by our Carriers and is furthermore not responsible for any
interruptions, delays, inconsistencies or failures of the network or
security breaches regardless of the source of any such problem including,
but notwithstanding, SatPhoneCity's own fault or negligence.
OPERATING PROCEDURES:
Customers shall follow the procedures outlined in the instruction
manual(s) supplied by SatPhoneCity, as well as those instructions provided
by the Suppliers of Services and Equipment to SatPhoneCity. SatPhoneCity
shall bear no responsibility for failure of Customers to use the Services/
Equipment in accordance with the said instructions.
SUPPORT:
SatPhoneCity will only provide technical support for our own products and
services. SatPhoneCity will not provide technical support for Third Party
products or services that work in conjunction with our products and
services.
DELIVERY:
SatPhoneCity will use reasonable efforts to deliver the Equipment by the
requested delivery time but it shall not incur any liability to the
Customer in the event of any delay caused by Force Majeure or other
circumstances beyond its control. The Customer will accept the Equipment
when delivered on or before the delivery time and if for any reason the
Customer fails to accept the Equipment when delivered on or before such
date the Customer shall nevertheless be liable for the stated charge in
full.
CONDITIONS OF OTHER CONTRACTS: The obligations of SatPhoneCity and the terms of
services and sales under these Terms & Conditions are subject to the
terms of the agreements under which SatPhoneCity purchases the Services
and Equipment from Suppliers (each an "Other Contract"). To the
extent fulfillment of any obligations under these Terms & Conditions
is not possible or permissible under an Other Contract, the Other Contract
shall prevail and such obligation shall be suspended or modified to the
extent required by the Other Contract.
TERMINATION:
SatPhoneCity may terminate this Agreement at any time without notice if it
suspects any violation of any term or condition of this Agreement, if
payment has not been made. The Customer shall be responsible for all
charges outstanding at the time of termination. SatPhoneCity may also
terminate Services in the event that another Contract for purchase of
Service and/or Equipment expires or is terminated, provided that
termination of the Services shall only be with respect to the Service
provided pursuant to that Other Contract.
CONFIDENTIALITY:
Information provided by the Customer herein will not be publicized by
SatPhoneCity without the Customer's prior permission unless it is: 1) used
in assessing credit performance or regarding collection of overdue
payment; 2) supplied to the commissioning entity or Supplier provided that
the information is to be used for the provision of Services and disclosure
is made on a confidential basis, or; 3) provided to a law enforcement or
investigative agency in connection with suspected unlawful activities or
in the case that the Customer has provided false or misleading information
to SatPhoneCity. By placing an order with SatPhoneCity you agree that
SatPhoneCity has permission to provide order information to other
companies to fulfill your request for a product or service, such as a
shipping company, credit card processing company, or service partner.
(Without your consent, these companies do not have the right to use the
personally identifiable information we provide to them beyond what is
necessary to assist us.) For more details on how your personal information
may be used, please refer to our privacy policy.
RATES & PAYMENT:
All charges will be in accordance with SatPhoneCity's
current rate schedule for the selected rate plan at the time of use.
SatPhoneCity reserves the right to modify and/or add rates and charges
from time to time, including loyalty rewards, without prior notice to the
Customer.
The Customer is charged a pre-payment at the time
their order is shipped which includes the first month's subscription
charge, any hardware charges and applicable taxes. SatPhoneCity bills
monthly subscription fees in advance, therefore the Customer's first
invoice will reflect charges for two months of service - the current
month's subscription, plus the advance charge for the next month's
subscription, as well as any hardware charges and applicable taxes. The
pre-payment charged at the time of shipping will be deducted from the
first invoice, reflecting a balance due of one month's service.
All applicable taxes shall be added to the usage and
rental/purchase price, unless the Customer provides an executed resale
exemption certificate to establish exempt status as a reseller of
Equipment and/or Services which meets and satisfies the requirements of
the levying tax authority in question.
Calls may be billed several months after they were
made due to delays in receiving call records from partner networks.
All credit card payments will be processed on or after
the 1st day of every month. If the Customer has furnished a credit card
number for the payment of charges under this Agreement, then the Customer
represents that he or she is an authorized signer on the account of such
credit card.
For Customers with payment terms other than credit
cards, a late payment charge of 1.5% interest per month, or 18% per year,
is applicable against all overdue balances. SatPhoneCity reserves the
right to suspend or terminate your service for non-payment of your
invoice, including unbilled usage.
The Customer shall inform SatPhoneCity of any disputes
or disagreements with invoiced charges within 30 days of the date of
invoice. Thereafter, the Customer shall be deemed to have waived its
right to dispute charges. A copy of the invoice outlining all charges
shall be mailed or made available online to the Customer. In addition,
the Customer agrees to assume personal responsibility for all payments
due in consideration of this Agreement.
Should customers have concerns about their service performance,
the customer must formally contact SatPhoneCity Technical Support or
Customer Care regarding the issue during their travels. In situations
where the service is deemed not to have worked during travels,
SatPhoneCity will be unable to provide compensation, if SatPhoneCity was
not given the opportunity to troubleshoot and resolve issues during the
service period.
LOSS/THEFT/DAMAGE/FRAUD: The Customer must notify SatPhoneCity immediately
regarding lost, stolen, or damaged Equipment / SIM Card if the Customer
suspects or should reasonably suspect that the Equipment / SIM Card is
being used in an unlawful or fraudulent manner. The Customer is
responsible for all charges incurred up until the time of said
notification. SatPhoneCity requires evidence of alleged loss or theft in
the form of a police report. Upon said notification, or if SatPhoneCity
suspects any wrongdoing, SatPhoneCity will terminate or suspend the
Services. The Customer is prohibited from utilizing SatPhoneCity's
services to compromise the security of or tamper with SatPhoneCity's
system of resources or accounts on any of SatPhoneCity's computers,
routers, terminal servers, modems, or any other equipment at SatPhoneCity
or any other site. Use or distribution of tools designed for compromising
security is prohibited. The Customer agrees to provide reasonable
co-operation in any investigation of unlawful use of Services or
Equipment. If Loss/Theft/Damage Protection is not purchased, the customer
will be charged the full replacement value for any missing or damaged
equipment.
SIM CARDS:
The Customer agrees not to interfere with the information contained in the
Card and shall promptly return the Card to SatPhoneCity upon termination
of this Agreement. SatPhoneCity permits the use of multiple Cards per
phone in pooled corporate environments.
CANCELLATION OF ORDERS: An administration fee may apply if an order is
cancelled; any shipping charges incurred will be charged to the customer.
There is no refund for prepaid cards. SatPhoneCity is not responsible for
recipient not being available to receive delivery, incorrect addresses,
phone numbers, or insufficient delivery information placed on the initial
order.
RETURN POLICY:
SatPhoneCity wants to
insure its customer satisfaction with our satellite products so we offer a 30-day
return policy on most products and handheld satellite phones. Returnable
product will be subject to a 15% restocking fee and shipping costs are
the responsibility of the customer. Product must be in the same condition as
sold to customer with the product manuals and packaging included in the return.
Customer should also ship product back at their own expense in a verifiable
manner (UPS, FedEx, etc.), and packed in a reasonable way to avoid product
damage.
NON-RETURNABLE and
NON-REFUNDABLE items are:
Any
Airtime Cards
Car
Kits
Portable
docking kits
Cables
Satellite
Fixed Phones
Special
order or made to order products or accessories
WARRANTIES:
Duration and scope of warranties on Equipment are limited to the
manufacturer's warranty. Please refer to the Manufacturer's website or
product manuals/packing for more information. SatPhoneCity provides a
warranty of 90 days on all refurbished satellite equipment. SatPhoneCity
provides a warranty of 30 days on equipment repairs performed by
SatPhoneCity. Equipment repairs performed by the original manufacturer are
subject to the warranty terms of the manufacturer.
ADDITIONAL POLICIES:
A full copy of these terms and conditions can be obtained online at www.SatPhoneCity.com or by contacting SatPhoneCity Customer Care at 1.866.473.6044.
SatPhoneCity reserves the right to modify the SatPhoneCity Terms and
Conditions at any time. Notice of modifications to these Terms and
Conditions may be given to Customer by posting such changes to the
SatPhoneCity website located at www.SatPhoneCity.com, by electronic mail
or by conventional mail.