Starlink Service Terms
The use of the Starlink Service is subject to terms and conditions set forth below (“Terms”). These Terms, those terms incorporated by reference, and the details you agree to in your Service Agreement form the entire agreement between you and Starlink (“Agreement”).
1. CUSTOMER PURCHASE OF STARLINK KITS AND SERVICES.
1.1. Services and Equipment. Starlink provides a two-way satellite-based internet service (“Services”) and equipment (“Starlink Kit” or “Kit”) to Customer solely for the Permitted Use and exclusively within the territory (“Eligible Service Territory”) agreed to by the parties in Customer Service Agreement or as otherwise approved by Starlink and notified by SatPhoneStore to Customer.
1.2. Service Activation. Services may not be available in all locations and are contingent upon network availability and SatPhoneStore’s approval.
1.3. Title to Starlink Kits. SatPhoneStore transfers title to the Starlink Kit and any optional accessories to Customer at the time of receipt of full payment. Risk in the Starlink Kits shall transfer to Customer at the time of delivery pursuant to specified delivery terms.
1.4. Agreement Duration. There is no Minimum Term to obtain Services, unless agreed to by the parties in the Service Agreement. Customer may cancel the Service Agreement and Services at any time according to Section 4.2. SatPhoneStore and/or Starlink may terminate the Agreement according to Section 10.1.
1.5. Software Updates and License Terms. Software copies and updates installed on the Starlink Kit are not sold, only licensed to Customer and the End-Users (on a non[1]exclusive, non-transferable, limited and revocable basis), for use as installed on the Starlink Kit and subject to Starlink’s Software License and Usage Terms. All intellectual property rights and other rights and interests in the Starlink Kit, the Services, and the software shall be owned by Starlink, and except as expressly granted in this Agreement no license is granted to a Customer.
1.6. Payments and Subscription Fees. Unless otherwise stated in the Service Agreement, Customer agrees to pay for (a) the one-time, immediate purchase price for the Starlink Kits and any accessories, including shipping & handling and applicable taxes, for the quantities provided per delivery, as described in the Service Agreement; and (b) monthly recurring charges, including applicable taxes, for the Services selected in Customer Service Agreement. Unless otherwise stated in the Service Agreement (i) Starlink Kits will not be shipped until the equipment payment is received; and (ii) SatPhoneStore will start billing for Services on the first day of the month following each Starlink Kit Activation. Consolidated recurring Service Fees will be billed each month thereafter for all activated Starlink Kits, with payment due prior to each month of Service. Alternatively, Customer can pay for Services upfront in bulk and SatPhoneStore will apply Service credits to Customer account, as agreed to by the parties and described in the Service Agreement. All additional payment terms will be defined in the Service Agreement.
1.7. Shipping and Handling. Shipping and handling charges will apply and are non-refundable. Delivery location to Customer will be determined in the Service Agreement. The shipping and handling charges are calculated when the Service Agreement is submitted. SatPhoneStore will use the carrier of its choice.
1.8. Taxes, Fees, Surcharges. In addition to the Starlink Kit purchase price and recurring charges for Services, SatPhoneStore may collect or request reimbursement for taxes and other fees and surcharges required by law, including, without limitation, value added, consumption, sales, use, gross receipts, excise, access, and bypass for which SatPhoneStore does not collect and remit on Customer behalf. Customer is also responsible for any additional government fees, rights of way fees or charges, license or permit fees, and any other duties, fees, charges or surcharges imposed on, incident to, or based upon the provision, sale, or use of the Services or Starlink Kit.
1.9. Payment Disputes & Suspended Services. In the event of a billing dispute, Customer must timely pay all undisputed amounts. If the payment dispute is resolved against Customer, or if Customer simply fail to pay for Services on time, Customer must pay the amounts due or the Services will be suspended until the overdue amounts are paid in addition to a 2 percent late interest fee, per month, on the total amount due
2. SUPPORT AND INSTALLATION.
2.1 Customer Support for End-Users.
2.1.1 End-User Customer Support. Customer support includes, but is not limited to, supporting all End-User issues concerning billing, collections, service plans, installation, performance, data usage, technical troubleshooting, and any other related issues.
2.1.2 Network Management Policies. SatPhoneStore may adopt reasonable network management policies to support Customers’ and End-Users’ use of Services, for example, in cases of shared network use for community Wi-Fi products.
2.2 Kit Installation. Customer and/or the End-Users are responsible for installation of the Starlink Kit in a location that has a clear field of view per the Install Guide available in the Starlink Portal. Do not install under a radome; doing so may adversely affect terminal performance. Customer and/or the End-Users are also responsible for installing the Starlink Kit securely so that equipment will not become dislodged due to weather or other external factors. It is Customer’s and/or the End-User’s responsibility to ensure compliance with all applicable building codes, zoning, ordinances, business district rules, conditions, restrictions, lease obligations and landlord/owner approvals and requirements that are applicable to the Services and the installation of the Starlink Kit. Customer and/or the End-Users are responsible for paying any associated fees or other charges, and to obtain any permits and other authorizations necessary for the Services and the installation of the Starlink Kit. Should use of the Services require any construction or alteration to property, SatPhoneStore is not obliged to reimburse any expenses or restore property to the same physical state as prior to delivery of Services. If Customer and/or the End-User requires a permanent roof mount installation, Customer acknowledges the potential risks associated with this type of installation, including, without limitation, with respect to any warranty that applies to penetration of Customer vehicle/vessel roof, building roof or roof membrane.
2.3 Kit Modifications During Integration or Installation. Modifications or alternations (including changes that are cosmetics in nature) to the Starlink Kit are subject to Limited Warranty Exclusions (Section 5.2) and may affect Service performance. To maintain the Limited Warranty, all modifications made by Customers to the Starlink Kit must be approved by SatPhoneStore in writing and may be subject to additional evaluation fees in order to assess operability.
2.4 Kit Installation for Use on Moving Vehicles. Customer and/or the End-Users, agree to take proper precautions if installing a Starlink Kit to be used on a moving vehicle or vessel. Customer is responsible for ensuring that the antenna mount is installed on a structurally sound, horizontal surface. Customer acknowledges that equipment falling into the road or off a vessel due to poor installation practices can cause serious accidents resulting in bodily injury. Customer shall not mount a Starlink Kit on any vehicle or vessel if it is not stable, or if it cannot be properly secured as described in the Install Guide and used with the proper mount.
2.5 No Unauthorized Modification of Starlink Kit. Customer shall not modify any Starlink Kit in a manner that contradicts the Install Guide or would otherwise alter the transmission characteristics of the equipment, including installation under a radome. At SatPhoneStore’ssole discretion, if SatPhoneStore determine that Customer’s installation or modification of a Starlink Kit has resulted in a material degradation of the Service or equipment, the equipment warranty may be voided.
3. TRADEMARK USE, LIMITATIONS AND OWNERSHIP.
3.1. Rights.
Nothing in this Agreement shall be construed to grant Customer any rights, ownership, or interest in the Trademarks, the Starlink Logo (“Logo”), the Products, or in the underlying intellectual property.
3.2. Limitations & Rules.
3.2.1. Customers and End-User(s) will not alter, add to, subtract from, or otherwise modify the Trademarks, Logo or Photos as originally prepared by Starlink. Customer will not add non[1]Starlink trademarks, logos or decals to the Starlink Kits that are used by Customers and End-Users.
3.2.2. Customer will not use the Logo in a manner that will diminish or otherwise damage Starlink’s goodwill in the Trademarks, Logo or Photos. Customer will not adopt, use, or register any corporate name, trade name, trademark, domain name, service mark or certification mark, or other designation that violates Starlink’s rights in the Logo or Trademarks.
4. CHANGES AND CANCELLATION TO SERVICES.
4.1. Changes. Starlink may change or discontinue Services plans, prices, Kit versions, this Agreement, and Starlink Specifications from time-to-time. SatPhoneStore will provide Customer with at least a 20-day notice prior to making any material changes to this Agreement. Subject to Customer’s options under Section 4.2 (Service and Agreement Cancellation) by continuing to use the Services after the notice period Customer agrees to any changes.
4.2. Service and Agreement Cancellation. Subject to terms, conditions and commitments described in the Customer Service Agreement, Customer can stop the recurring monthly payment and cancel Services, and this Agreement, at any time with at least 30 days’ notice. Customer is not entitled to any refunds except those described in Section 10.2 of this Agreement.
5. LIMITED WARRANTY, DISCLAIMERS, REMEDIES AND LIABILITIES.
5.1. Limited Warranty. The Starlink Kit and Services are novel, under development, and subject to change. SatPhoneStore’s supplier will use reasonable efforts to facilitate that the Starlink Kit, at the time of delivery, and the Services, as performed, substantially meet performance goals set forth in the Starlink Specifications. Customer acknowledges and agrees that Starlink performance goals can and will be amended by Starlink from time-to-time based on experience and innovation. All attempts to exercise this Limited Warranty must be addressed directly to SatPhoneStore.
5.2. Exclusions and Force Majeure. Neither SatPhoneStore nor Starlink is responsible for damage to the Starlink Kit after delivery pursuant to the delivery term specified in the Service Agreement, or for Service malfunctions resulting from: (a) manual re-pointing of the antenna; (b) repair, modification, or disassembly of Starlink Kit by anyone other than an authorized agent; (c) failure to follow instructions, including by obstructing the Starlink Kit’s field of view; (d) fire, flood, wind, lightning, earthquake, weather, or other acts of nature or God; (e) spills of food or liquids on Starlink Kit; (f) planned or emergency maintenance on the network; (f) problems with Customer electrical power or network equipment; (g) misuse, abuse, accident, vandalism, alteration, or neglect; (h) normal wear and tear or deterioration, or superficial defects, dents, or marks that do not impact performance of the Starlink Kit; (i) use in combination with devices or software not provided or approved by SatPhoneStore; (j) inability to obtain or maintain necessary permissions, authorizations, or permits; or (k) events not reasonably within SatPhoneStore’s or Starlink’s control.
5.3. Limited Remedies. If the Starlink Kit fails to meet the limited warranty standard set forth in Section 5.1 (Limited Warranty) Customer is entitled to send a detailed, written warranty claim to SatPhoneStore within either (a) 24 months from the date of the original purchase by Customer, or (b) 12 months from initial Activation of the Kit, whichever is later (noting that ALL warranties in this Section expire within 36 months of Kit purchase by Customer) and SatPhoneStore will endeavour to cure the discrepancy within 60 days of receiving Customer’s claim. This includes at Starlink’s choice, by replacing or repairing the Starlink Kit with a new, different or refurbished device or part. This replaced device will be covered by the limited warranty for the greater of 3 months or the remainder of the original warranty period. The remedies set forth in this Section 5.3 (Limited Remedies) are Customer’s sole and exclusive remedies for breaches of warranty, service deficiencies, unavailability and other breaches by SatPhoneStore and/or Starlink.
5.4. DISCLAIMERS. EXCEPT AS SET FORTH IN SECTION 5.1 (LIMITED WARRANTY), THE STARLINK KIT AND SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY EXPRESS WARRANTY OR REPRESENTATION. SATPHONESTORE AND STARLINK DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
5.5. LIMITATIONS OF LIABILITY. NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, LOST REVENUE, WORK STOPPAGE, LOSS OR CORRUPTION OF DATA, COMPUTER FAILURE, DATA SECURITY BREACH, MALFUNCTION OR ANY LOSSES ARISING OUT OF OR RELATED TO THE AGREEMENT, STARLINK SERVICES, OR DAMAGES RESULTING FROM THE KIT INSTALLATION, REPAIR, REMOVAL, OR OTHER ASSOCIATED SERVICES. EITHER PARTY’S LIABILITY UNDER THIS AGREEMENT FOR ANY INDIVIDUAL CLAIM OR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE LESSER AMOUNT OF EITHER (A) 50% OF THE TOTAL AMOUNT PAID BY CUSTOMER TO SATPHONESTORE UNDER THIS AGREEMENT OVER THE SIX MONTHS PERIOD PROCEEDING THE CLAIM GIVING RISE TO THE LIABILITY OR (B) 100,000 U.S. DOLLARS. THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT, SERVICES OR STARLINK KIT, INCLUDING ANY EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS INFORMED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND REGARDLESS OF WHETHER CLAIMS ARE ASSERTED BASED ON CONTRACT, STATUTE, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER LEGAL OR EQUITABLE CLAIM OR THEORY PROVIDED, EXCEPT IF AND TO THE EXTENT THAT ANY LIMITATION VIOLATES APPLICABLE MANDATORY LAW THAT THE PARTIES CANNOT DEROGATE FROM BY WAY OF CONTRACT.
5.6. ASSUMPTION OF RISK. YOU AGREE THAT YOUR USE OF THE SERVICES AND THE STARLINK KIT, AND SUCH USE BY ANYONE USING YOUR ACCOUNT, IS AT YOUR SOLE RISK. SERVICES ARE NOT SUITED OR INTENDED AS A MISSION[1]CRITICAL OR SAFETY-OF-LIFE SERVICE.
6. COMPLIANCE.
6.1. General. The parties must comply with all laws and regulations applicable or related to the performance of obligations under this Agreement. Customer will comply with and will be responsible for ensuring that Customer and the End Users comply with all applicable laws and regulations, including but not limited to those related to telecommunications, privacy, copyright, website blocking, internet use by minors, data protection, rules on lawful intercept and government access to data related to the Services provided under this Agreement.
6.2. In-Motion Authorization. Use of Starlink Services in[1]motion may require additional authorizations. SatPhoneStore may seek authorizations for Customer to use the Service and Kit in-motion within the territorial waters, airspace or on land for certain jurisdictions. Customer acknowledges and agrees that Customer and/or End-Users are solely responsible for (a) understanding and complying with all applicable laws and regulations associated with the use of the Services and Kit in-motion, (b) obtaining any required authorizations, where necessary, and (c) ceasing use of the Services or Kit where necessary based on the Kit’s geographical location.
6.3. Privacy. The parties agree that either SatPhoneStore or Starlink, as applicable will be the “data controller” (business primarily responsible for any personal information collected and processed as defined by any applicable global privacy law or regulation (e.g, GDPR)) for Customer and Customer’s employees, representatives or agents. The parties also agree that Customer is the “data controller” for any personal information of any End-Users Customer grants access to the Services. SatPhoneStore’s privacy and data protection practices are in its https://www.networkinv.com/privacy-policy/ and Starlink’s privacy and data protection practices are in its Starlink Services Privacy Policy, as amended from time[1]to-time. Any personal information for which Customer are the data controller must comply with applicable laws and be clearly posted for any third-party end users that Customer allows to use the Services.
6.4. Acceptable Use Policy. Customer agrees not to use, or permit others to use including End-Users, the Services in ways that (a) violate any law or applicable regulation, (b) violate this Agreement, including Acceptable Use Policy, or terms specified in the Service Agreement, (c) infringe the rights of others, (d) interfere with the users, Services, or Starlink Kit of the Starlink network or other networks, or (e) are outside the Permitted Use described in Section 1.1 of this Agreement. Customer and its End-Users are responsible for complying with the terms for any third[1]party services that Customer subscribes to using Starlink Services. Customer shall flow down to the End-User and enforce the terms of the Acceptable Use Policy. In the event of any violation of this Section 6.4, SatPhoneStore reserves the right to terminate or suspend Services to Customer or the End-Users.
6.5. International Trade Laws. Customer must comply with all applicable International Trade Controls in the context of this Agreement, including applicable export control, economic sanctions, customs/import, anti-money laundering, and anti-corruption laws and regulations. Customer acknowledges that Customer is only authorized to access Services at the Eligible Service Territor(ies) identified in the Service Agreement, and Customer will not divert the Starlink Kit or Services to any other locations, or to users or for uses that are prohibited under International Trade Controls. Customer agrees to provide SatPhoneStore with a signed Trade Compliance Certification (Exhibit A), and will re-certify compliance upon reasonable request. SatPhoneStore reserves the right to audit Customer’s compliance with such certifications.
6.6. Modifications to Starlink Products & Export Controls. Starlink Services and Kits are a commercial communication product. Starlink Services or Kits are not designed or intended for offensive or defensive military end-uses. Custom modifications of the Starlink Kits or Services for military end-uses may transform the items into products controlled under U. S. export control laws, specifically the International Traffic in Arms Regulations (ITAR) (22 C.F.R. §§ 120-130) or the Export Administration Regulations (EAR) (15 C.F.R. §§ 730-774) requiring authorizations from the United States government for the export, support or use outside the United States. SatPhoneStore’s aftersales support to Customers and End-Users will be limited to its standard commercial service support only. At its sole discretion, SatPhoneStore may refuse to provide technical support to modified Starlink products.
6.7. Security Measures. Customer acknowledges and agrees that both SatPhoneStore and Starlink administer and enforce cybersecurity policies and procedures to identify and respond to incidents involving Starlink data, mitigate the effects of any such incidents, document their outcomes, and notify appropriate stakeholders (including authorities and affected data subjects, as appropriate).
7. REPRESENTATIONS AND WARRANTIES.
Customer represents and warrants that it is a business duly organized, validly existing, having sufficient expertise and capital to execute performance under this Agreement, and is qualified to do business under the laws of, and is in good standing within the Eligible Service Territories.
8. INDEMNIFICATION.
Customer agrees to defend and indemnify SatPhoneStore against any third-party claims against SatPhoneStore and/or Starlink based on Customer’s use, or Customer’s EndUsers’ use, of Starlink Services. This includes, but is not limited to, if Customer or Customer’s End[1]Users use Starlink Services in ways that are (a) illegal or violate this Agreement or Starlink’s Acceptable Use Policy (for example illegally downloading movies or music without paying for them); or (b) negligent, reckless or intentionally wrongful. Customer also agrees to defend, indemnify and hold harmless SatPhoneStore against any third-party claims, including End-User’s claims, arising out of or related to the installation, use, repair, removal, or any other works, carried out with respect to Services and/or the Starlink Kit.
9. NO UNAUTHORIZED TRANSFERS, ASSIGNMENTS.
Customer may not assign, sell or transfer this Agreement or software installed on the Starlink Kit, without SatPhoneStore’s consent. Unauthorized transfers or assignment will be null and void and grounds for termination. Customer is liable for any charges or fees incurred by the use of the Services and Starlink Kit by anyone else, including End-Users. SatPhoneStore can assign this Agreement, in whole or in part, without notice to Customer and in its sole discretion, to any entity that controls, is controlled by, or is under common control as the SatPhoneStore’s contracting entity, or any entity that is a successor in a sale, spinoff, acquisition or merger of the SatPhoneStore’s contracting entity, provided that the assignee can lawfully perform the obligations of the assignor. Services may be provided by one or more legally authorized SatPhoneStore affiliates.
10. TERMINATION AND TRANSITION.
10.1. Termination Rights. Customer termination rights are described in Section 4.2. Under this Section 10.1, SatPhoneStore may, at any time, without prior notice, immediately terminate or suspend all or a portion of Customer’s account and/or access to the Services, this Agreement, for (a) a violation of this Agreement, including Starlink’s Acceptable Use Policy or the Trademark Limitations; (b) a request and/or order from law enforcement, a judicial body, or other government agency; (c) unexpected technical or security issues or problems, including but not limited to a material malfunction of the Starlink network, software or hardware; (d) a failure to obtain or maintain the necessary governmental authorizations required to deliver Services; (e) Customer’s participation in fraudulent, abusive, immoral, or illegal activities, including those involving Customer’s End-Users, as solely determined by Starlink; (f) Customer’s failure to pay any fees owed for Services if Customer have not cured such non-payment within 10 day period of receiving a request to cure from Starlink; or (h) its convenience, for any reason, after a 30 day notice period and Transitional Services provided under Section 10.4.
10.2. Equipment Refund. If SatPhoneStore terminates the Agreement for its convenience within 12 months of a delivery of Kits to Customer, then to the extent that Starlink grants a refund, Customer will be entitled to such refund on the fees paid (excluding taxes and shipping) for Kits that are returned to SatPhoneStore and that are unopened, unused, and undamaged, as solely determined by SatPhoneStore, if such Kit returns occur within 45 days of the termination of convenience notice.
10.3. No Continued Affiliation or Profit Expectations. Customer acknowledges and agrees that it has no expectation that its business relationship with SatPhoneStore will continue for any minimum period of years. SatPhoneStore will not be liable for compensation, reimbursement or damages based on loss prospective profits on anticipated orders or for other types of expenditures, investments, or commitments in connection with this Agreement.
10.4. Transitional Services. To the extent that SatPhoneStore is able to secure Starlink’s approval, if this Agreement is terminated by either party, SatPhoneStore may offer to provide, at a charge to be agreed by the parties, transitional services to Customer for 60 days in order to support the transfer of either (a) Customer to Starlink, or (b) all services, responsibilities and operations provided by SatPhoneStore to Customer, to another service provider chosen by SatPhoneStore, as agreed to by Starlink and only if permitted under applicable law.
11. GOVERNING LAW.
For Services provided to, on, or in orbit around the planet Earth or the Moon, these Terms and any disputes between us arising out of or related to this Agreement, including disputes regarding arbitrability ("Disputes") will be governed by and construed in accordance with the laws of the place of incorporation of the SatPhoneStore’s contracting entity. For Services provided on Mars, or in transit to Mars via Starship or other spacecraft, the parties recognize Mars as a free planet and that no Earth[1]based government has authority or sovereignty over Martian activities. Accordingly, Disputes will be settled through self[1]governing principles, established in good faith, at the time of Martian settlement.
12. AGREEMENT TO ARBITRATE.
12.1. The following Section shall not apply if and to the extent the laws of the jurisdiction in which Customer are located prohibit parties from entering into an agreement to exclusively arbitrate their Disputes or to waive their right to bring a claim as part of a class proceeding within the context of a contract such as this Agreement.
12.2. Please carefully read this Section which applies to any Disputes between SatPhoneStore and Customer.
12.3. Under this Agreement, Customer and SatPhoneStore each waive any and all rights to have a court or jury hear or decide any Disputes. Rather, Disputes will be settled by a single arbitrator in a binding arbitration administered by the International Chamber of Commerce (“ICC”) in accordance with ICC Rules of Arbitration. The place of arbitration will be the place in which the office of the SatPhoneStore’s contracting entity is located. The arbitration language will be English. To learn more about the rules and how to begin an arbitration, go to https://iccwbo.org/ . Notice of Dispute. If Customer has a Dispute, before initiating arbitration, Customer must send a written notice to Legal@networkinv.com and the Group President at President@networkinv.com describing Customer’s issue and Customer’s desired resolution. If Customer’s Dispute has not been resolved within 90 days of submitting a notice, Customer may initiate arbitration as described above.
12.4. PROHIBITION ON CLASS ARBITRATION. YOU AND SATPHONESTORE AGREE THAT NO DISPUTE OR CLAIM MAY BE BROUGHT OR MAINTAINED AS PART OF A CLASS ACTION OR CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR ARBITRATION, REGARDLESS OF WHETHER THE APPLICABLE ARBITRATION RULES WOULD OTHERWISE PERMIT CLASS OR REPRESENTATIVE PROCEEDINGS. ACCORDINGLY, YOU AND SATPHONESTORE MAY ONLY PURSUE A CLAIM AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY, AND MAY NOT PURSUE A CLAIM AGAINST THE OTHER ON BEHALF OF ANY OTHER PERSON, AND NO OTHER PERSON MAY PURSUE A CLAIM ON BEHALF OF YOU OR SATPHONESTORE AGAINST THE OTHER. AN ARBITRATOR MAY ENTER AN AWARD ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
13. GENERAL PROVISIONS.
13.1. Relationship Between the Parties. Nothing in this Agreement will be construed as creating a partnership, agency, joint association or trust, it being agreed that each party will be responsible only for its obligations under this Agreement and neither party will be authorized to represent or bind any other party to any other person.
13.2. Severability. If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.
13.3. Records. Customer should keep copies of this Agreement and any billing statements or other materials relevant to Customer’s purchase of the Starlink Kit and Services for Customer’s records. Starlink reserves the right to substitute, change, cancel or add to any part of this Agreement at any time upon notice to Customer, and Customer’s continued use of the Services constitutes agreement to the updated Terms.
13.4. Electronic Delivery Policy, Consent and Notices. Customer consent to receive all agreements, updates, disclosures, policies, notices, and other information (collectively, “Notices”) provided by SatPhoneStore or Starlink via paper and/or electronic delivery at SatPhoneStore’s sole discretion. Such Notices may be delivered or displayed to Customer by email or pop-up window, or by posting a message on the Services. Customer may receive periodic texts, emails, or other communications from SatPhoneStore, such as notices regarding expiration of Customer’s account and changes to this Agreements. All legal notices to SatPhoneStore must be in writing and delivered by prepaid post with recorded delivery to Attn: Legal Department, 4424 Manilla Road SE, Calgary, AB T2G 4B7 Canada and Legal@networkinv.com.
13.5. No Waiver. No waiver by SatPhoneStore of any breach of these Terms will be a waiver of any preceding or succeeding breach. No waiver by SatPhoneStore of any right under these Terms will be construed as a waiver of any other right. SatPhoneStore will not be required to give notice to enforce strict adherence of these Terms. A waiver must be provided in writing by an authorized representative of SatPhoneStore to be effective.
13.6. Additional Contracts. For Services provided outside the local jurisdiction, Customer or Customer’s local affiliate may be required to enter into a separate local country addendum/agreement with the respective SatPhoneStore affiliate that provides the local Service(s). Such SatPhoneStore’s affiliate may bill Customer or Customer’s local affiliate for the respective local Services.