Terms & Conditions relating to Certus (Land) Service(s)

The following Terms & Conditions apply to any Customer using Airtime Services (as defined below) provided by SatPhoneStore. Capitalised terms used in these Airtime Service Terms that are not defined herein shall have the respective meaning ascribed to them in the General Terms.

Airtime Service(s) means a Service that allows you to access SatPhoneStore’s or its suppliers’ networks’ Service offerings which include without limitation voice, mobile data, SMS, MMS etc. Airtime minutes are the talk time used and may be a part of the overall Airtime charges a Customer can incur.

 

1. Service

1. This Service Agreement shall commence only upon approval and acceptance by SatPhoneStore of the Activation Order Form and shall continue for the Minimum Term specified in the Service Agreement. After the expiry of this initial Minimum Term, the Service Agreement will automatically renew for the same term (each such renewal, a “Renewal Term”) unless the Customer provides at least 30 days’ notice prior to the expiry of the Minimum Term (or Renewal Term, as applicable). Any pre-mature termination of a Service prior to the expiry of the Minimum Term or Renewal Term (as applicable) will subject the Customer to Termination Fees. Notice of termination should be in writing to: SatPhoneStore Customer Service Department, at supportdesk@satphonestore.com.

2. Approval and acceptance of the completed Activation Order Form is subject to the sole discretion of SatPhoneStore.

3. The formation of a Service Agreement, and provision of Services to the Customer is subject to the accurate completion of the Activation Order Form and compliance with the payment terms by the Customer.

4. SatPhoneStore reserves the right to suspend the Airtime Services provided, should the Customer not adhere to the payment terms agreed.

5. SatPhoneStore has multiple office locations / entities globally capable of serving as the contracting entity on record. This Service Agreement will be initially assigned to the SatPhoneStore entity accepting the Activation Order Form. Customer will receive invoices from this specified entity. The Service Agreement may be re-assigned to any SatPhoneStore Company considered more appropriate at the sole discretion of SatPhoneStore. If SatPhoneStore re-assigns the Service Agreement to another SatPhoneStore Company, a minimum of 30-days’ notice will be provided.

6. If the Customer changes the selected Service Plan(s) specified in an Activation Order Form, this may be regarded as an upgrade or a downgrade. Any changes to the Service Plan(s) will restart a Minimum Term. During the initial Minimum Term, unless otherwise indicated, all upgrades and downgrades will trigger full Termination Fees. After the initial Minimum Term has ended, upgrades and downgrades may trigger a Service Plan change penalty to be quoted at the time of request for change of Service Plan(s). Please contact a Sales Representative or Customer Service Representative for details. Requests for changes should be in writing to: SatPhoneStore Customer Service Department, at supportdesk@satphonestore.com. Swapping a SIM card to transfer active Services to a new inactive SIM card may be considered a change to a Service Plan and result in a fee.

7. SatPhoneStore does not guarantee any authority or right to use the Products or Services in any territory. Customer shall be required to obtain any and all licences or approvals that may be required to operate and use the Products or Services within that territory.

8. Where available, registration with GEOS to enable emergency messaging capabilities and all emergency search and rescue and medical evacuation services require a separate subscription from a third-party issuer. All costs related to those services are the responsibility of the Customer.

 

2. Service Fees

1. All Service Fees pertaining to the Customer will be raised by SatPhoneStore on a monthly, quarterly or annual basis (as applicable). Airtime Services which attract a monthly subscription fee or annual subscription fee will be billed in advance on the first calendar day the Service month, quarter or year as applicable, whereas usage charges will be billed in arrears and cover the preceding month. Any usage traffic that is not available for invoicing at the time of invoice generation will appear on subsequent invoices. In certain circumstances, SatPhoneStore reserves the right to raise interim invoices.

2. Where applicable, a One Time Charge including an initial activation fee, line deposit, line configuration fee, Security Deposit shall be charged to establish the Service, and Service Fee will apply thereafter for access to the Service, immediately following the initial activation.

3. Customer will pay all invoices by the due date specified in the invoice.

4. Customers who opt for automatic deduction via Credit Cards will only be connected upon completion of the Credit Card authority section of the form. Customers paying by Credit Card will have their account debited 14 days from the date of the invoice. Customers are required to notify SatPhoneStore immediately of any change to their Credit Card details which could prevent SatPhoneStore from collecting outstanding amounts. When a payment is rejected, SatPhoneStore will make appropriate efforts to contact the Customer. However, in the event that contact is not established, the Service will be suspended.

5. The Customer will be liable to reimburse SatPhoneStore for any dishonour fees or ancillary bank charges relating to the rejection of a payment on the account.

6. An administration fee of $20 per month may be charged on all outstanding accounts, unless formal payment arrangements have been agreed with SatPhoneStore. Further, should Customer’s Service be suspended for non-payment, SatPhoneStore may charge at least $50.00 per mobile terminal for re-activation of same. SatPhoneStore may charge a fee of $35.00 for returned cheques.

7. The Customer must notify SatPhoneStore of any disputes pertaining to an invoice within 14 days of the date of that invoice, otherwise the Customer is deemed to have accepted the invoice.

8. Should the Service be suspended or terminated by SatPhoneStore due to Default, the Customer is liable for all traffic and Service Fees up to the time of the termination of the Service and any Termination Fees.

9. Service Plans and prices for Services may be subject to change at any time. Any Service Plan or price changes will take effect on the 1st day of the month following a change notification.

10. The Customer hereby acknowledges and agrees that invoicing for any and all satellite communication Service(s) utilised by the Customer during the Service term shall be determined using the information contained solely in the Call Detail Record (“the CDR”) issued by the relevant satellite network operator or their authorised distributor and calculated at the call or data rate particularised in those published or supplied by SatPhoneStore or their nominated dealer, in accordance with the standards prescribed by the International Telecommunications Union (ITU).

11. Allowances are not provided on a rolling basis and therefore any unused amount will expire at the end of each stipulated Service period. For clarity, unused allowances do not carry over period to period.

12. On termination of a Service, there will be no pro-ration of subscriptions or allowances and a full month’s subscription will be charged and a full month’s allowance will be available. In the event of a pre-mature termination, in addition to the foregoing, Termination Fees are payable.

 

3. Certus (Land) Pricing Structure

1. Certus (Land) Services are generally billed on a volumetric basis. The more Airtime that is transmitted (in both the “send” and “receive” directions), the greater the monthly invoice will be. There are mechanisms to ameliorate this, such as Airtime bundles/ allowances, in which a quantity of Airtime is included in the monthly Service Plan. But the principle remains that Airtime Service Fees will be directly proportional to Airtime usage. Certus (Land) Plans have been developed for use with and, are only available for use by Satellite Terminals located in a Land Fixed or Land Mobile installation. They are not available for use by a Satellite Terminal for use on a Maritime vessel or for shore to ship (carrier bypass) traffic.

2. Data and Voice - Certus (Land) Services consist of Standard IP Data Service. Streaming (Quality of Service) IP Data and Short Burst Data services are currently not available and will be made available when provided by Iridium.
Standard IP Data is charged identically whether it is passed in the “send” or “received” directions, on the basis of separate charge lines with a global charge irrespective of destination.
Circuit switched voice services will be charged at varying rates depending on the destination of such calls with such destinations differentiated between fixed, cellular and satellite terminations.

3. Consumption units – Certus (Land) Services are charged in units/increments as below:

Service
Unit of Consumption Minimum Usage  Increments
Standard IP Data (Certus 350/700) Megabyte 1 kilobyte 0.1 kilobyte
Standard IP Data 
(Certus 100/200)
Megabyte 5 kilobyte 0.1 kilobyte
Streaming Data Minute 6 seconds 6 seconds
SBD Per 1000 bytes 10 bytes 1 byte
Voice Minute 20 Seconds 20 Seconds
SMS Per Message 1 1
Activation Per SIM - -
Subscription Per month, quarter or annum per SIM, where Dual SIM is not available 12 months (or as per the service agreement) As specified

4. Streaming Data – When Streaming Data is made available, Streaming Data will be billed by time duration irrespective of the volume of data that is sent or received. Streaming Data is a premium Service and is charged accordingly. If a Streaming Data connection is left open for a long period of time, the Customer will incur a significant cost, which can rapidly run into thousands of dollars.

5. Voice Calls – SatPhoneStore’s voice call costs are differentiated by destination. The most common destinations are landlines and cell phones. Classification of what constitutes a landline and cell phone will be based on each jurisdiction’s treatment of same.

6. Voice Call Forwarding – If the SIM has an alternative call forward number set-up, then any additional costs associated with such call forwarding will be passed on to the SIM that has initiated the call forward.

Example

A SIM has set-up a call forward to its company’s head office. Someone calls the SIM and is automatically diverted to the call forward number. The caller will be charged for the call to the SIM. The SIM will be charged for the call leg from the Iridium network to the call forward destination number.

7. Premium Rate Numbers – Iridium does not currently support any form of Premium Mobile Originated voice calls. Should Iridium or SatPhoneStore incur such a premium charge, then it will be the responsibility of the Customer to settle any such premium charge with the provider of SatPhoneStore.

8. Airtime Allowances – Once the user allowances within any Service Plan have been fully used, any additional usage will be charged at the run-on charge rate. There is no rebate or refund for any allowance. Allowances may be volume based (MB and/or minutes) or Dollar Value based (US$). Additionally, all destinations may not be eligible to be included as part of an allowance.

Example

A SIM has been activated on a Certus Land 150MB Plan, in which a 150MB monthly allowance is included in the monthly subscription fee of $500.00.
Data can be used up to the amount of 150MB. After this amount has been reached, all traffic passed (whether voice, data or SMS) will be charged at the Run-on Charge per Minute / Megabyte /SMS. (Note – Prices shown are examples only and do not necessarily reflect the actual Service fees).

9. SMS – An SMS is up to 160 characters in size as defined by the GSM Association. For messages that contain more than 160 characters, an additional SMS will have to be generated manually for the excess characters and sent separately. 

9.1) If an SMS is sent to more than one recipient, then there will be a separate CDR and charge for each recipient that this SMS is sent to.

9.2) SMS charging will be on the basis of submission of each message to the Iridium SMS Centre and not on successful delivery to the recipient.

9.3) There will be no charge to receive an SMS on a Certus terminal.

9.4) Iridium does not support or allow any form of Premium SMS, either Mobile originated or Mobile terminated. Should Iridium or SatPhoneStore incur such a premium charge, then SatPhoneStore shall have the right to charge the Customer and the Customer shall pay any such premium charge to SatPhoneStore.

9.5) SMS is currently not available on Certus.

 

4. Use of Services

1. The Airtime Services are subject to the availability and capacity of the applicable satellite network. These networks may be limited or temporarily unavailable for reasons beyond the control of SatPhoneStore and as such, SatPhoneStore bears no liability for the quality or level of Service provided by the applicable satellite network.

2. Regardless of whether the use of Services is authorised or intended by the Customer, all charges incurred on the account are the liability of the Customer.

3. SatPhoneStore relies on the quality of Service provided to it by the network owner/ operator. You may refer to the network owner’s/ operator’s statement of reliability for further information. Occasionally, Services may be subject to disruption due to the effects of terrain, atmospheric conditions and other types of interference. Further, due to the technical nature of data setups and the inherent sophistication of data transmission through a variety of satellite and other operating systems, SatPhoneStore makes no representation as to the success of voice or data calls through any system. Customer agrees that all data call attempts, regardless of ultimate successful transmission and termination, will be paid for and no credits will be given in the event of dispute of this nature. Along with potential incorrect use, all satellite systems have inherent limitations and anomalies that can create dropped calls of either voice or data nature. Dropped calls will not be credited. SatPhoneStore can provide data setup technical support beyond the normally provided setup instructions at an additional charge.

4. Service is generally available to terminals equipped for this Service when within the satellite footprint. Service is furnished to Customer or Customer’s authorized user. A telephone number may not appear in more than one terminal. Customer has no property right in such number. SatPhoneStore reserves the right to assign, designate, or change such number, when, in its sole discretion, such action is reasonably necessary in the conduct of its business.

5. It is the responsibility of the Customer to inform SatPhoneStore immediately of any changes in name, company, address, payment arrangement or any other matter that may affect this Service Agreement in a material manner.

6. A terminal shall not be assigned or transferred without the prior written consent of SatPhoneStore. Such transfer may result in Termination Fees. Customer is liable for all charges up to the date of termination. Any new Customer must set up their account before any transfer is affected.

7. Customer is obligated to inform SatPhoneStore immediately of any loss or theft of a SIM card or terminal, in order for SatPhoneStore to block the network link to the terminal and thus prevent third party usage. Customer’s obligation for charges relating to the Airtime Services provided in the Service Agreement are not diminished by the loss or theft.

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