SATPHONE RENTALS Ltd TERMS AND CONDITIONS

 

SATPHONE RENTALS , . ("SATPHONE RENTALS Ltd") and the customer ("Customer") hereby agree to the following terms and conditions with respect to the provisions by SATPHONE RENTALS Ltd to Customer of the satellite phone and peripheral equipment which are identified and/or described in the Phone Rental Agreement attached to these terms and conditions.

AUTHORIZED SIGNATURE

1. If the Customer is an entity other than an individual, then the person signing the Agreement represents and warrants that the individual has been properly authorized and empowered to enter into the agreement on behalf of the entity.
DELIVERY OF SATELLITE PHONE AND EQUIPMENT

2. SATPHONE RENTALS Ltd will deliver the satellite phone and equipment, at its own risk, to the address designated by the customer.

3. SATPHONE RENTALS Ltd will use reasonable efforts to deliver the satellite phone and equipment by the requested delivery date but it shall not incur any liability to the Customer in the event of any delay caused by forces and/or other circumstances beyond its control.

4. The Customer will accept the satellite phone and equipment when delivered on or before the delivery date and if for any reason the Customer fails to accept the package when delivered on or before such date the Customer shall nevertheless be liable for the stated Rental Charge (Rental charges will apply only if equipment is returned after the Free Rental Offer period has passed, or if the equipment is returned later than the rental agreement states) in full and for the proper and timely return of the satellite phone and equipment to SATPHONE RENTALS Ltd.

CHARGES

5. SATPHONE RENTALS Ltd will provide Customers a rental agreement with all applicable rental charges listed. Rental charges will apply only if equipment is returned after the Free Rental Offer period has passed, or if the equipment is returned later than the rental agreement states. Rental fees will apply and be charged on a pro-rated daily rate based on the rental rate shown on the rental agreement. The Customer will pay the rental charge from the date when the benefit offer passed until the end of the rental period or the date all of the equipment specified in the rental agreement are returned to and accepted by the courier, whichever is later. Satellite phone and equipment rental charges apply to full days and fractions thereof.

6. The Customer will pay the charges for all calls made on the satellite phone after delivery and until it is returned to and accepted by the courier or by one of its representatives. SATPHONE RENTALS Ltd may increase the call charges as and when it deems appropriate. However, SATPHONE RENTALS Ltd will attempt to provide the Customer with reasonable notice of any impending change as soon as it becomes practically possible.

7. The Customer shall be billed at least one (1) minute of airtime for each incoming, outgoing, completed, incomplete or attempted call, in accordance with satellite billing practices or by written agreement.

8. The Customer is responsible for phone equipment, airtime charges, and such charges including rental charges (if the Free Rental Offer period was exceeded), shipping charges, and bill itemization. Airtime charges for calls that processed and connected would be charged based on the rates shown on the rental agreement. Also any toll free 800 call charges for calls that are processed and connected would also be applied. Such calls would include incoming, local or international calls during the entire period that the satellite phone and equipment are rented whether or not Customer personally makes the calls for which the charges are imposed.

9. SATPHONE RENTALS Ltd is entitled to bill the Customer, on a delayed basis, at any time after the satellite phone and equipment have been returned for any and all charges for which the Customer shall be responsible pursuant hereto, whether or not SATPHONE RENTALS Ltd is aware of such charges at the time of the return of the equipment. All charges and other amounts billed pursuant to this agreement are payable by the Customer at the end of the agreed upon rental period as set forth in these terms and conditions, or if not computed at the end of rental period, then upon demand e-mailed, mailed or faxed by SATPHONE RENTALS Ltd to the Customer.

10. The rental charge, (if equipment is returned after the Free Rental Offer period has passed, or if the equipment is returned later than the rental agreement states) the call charges and any other amounts due to SATPHONE RENTALS Ltd under this agreement are payable at the end of the rental period and SATPHONE RENTALS Ltd shall be entitled to charge interest at the rate of 2% per month (or part of a month) on any overdue amounts.

11. The Free Rental Offer will not be available in Japan and or Korea. In addition a 5% tax will apply to the rental fee and the airtime charges on Japan and Korea phone orders

CANCELLATION

12. SATPHONE RENTALS Ltd will not charge a cancellation fee if an order is cancelled prior to shipping the equipment to the Customer. If the order is cancelled after SATPHONE RENTALS Ltd ships the equipment a $20.00 shipping fee will be applied. (Rush shipping charges and shipping charges outside the continental U.S. including Canada are additional and will vary in cost.) The Customer is responsible for the $20 return delivery fee.

LOSS OR DAMAGE OF EQUIPMENT

13.This clause will only apply if the Customer has paid for the Theft & Loss Protection option and if any or all of the satellite phone or other rental equipment are not returned to SATPHONE RENTALS Ltd in accordance with the provisions of these terms and conditions due to theft or accidental loss or damage.

14. Customer shall immediately notify SATPHONE RENTALS Ltd of any theft, loss of or damage to the satellite phone or other rental equipment and shall, if applicable, provide evidence of theft by submitting a copy of a written police report to SATPHONE RENTALS Ltd within 24 hours of the loss or theft.

15. If this clause applies then the Customer will not be liable to pay for the value of the satellite phone or other rental equipment set forth in the rental agreement even if the retail price of the satellite phone which would otherwise have been payable by the Customer under this agreement. 16. The following clause will apply if the Customer has not paid for the Theft & Loss Protection option and if any or all of the satellite phone or other rental equipment are not returned to SATPHONE RENTALS Ltd in accordance with the provisions.

17. If customer chooses the non premium insurance, a $75.00 deductible will apply.

18. If the satellite phone and equipment are not returned as stated below, then SATPHONE RENTALS Ltd at its discretion may charge the full replacement costs of the phone and accessories, without prejudice to any other right or remedy it may have against the Customer.

19. In the event of any loss, damage, theft or disappearance of the equipment while on rental, regardless of circumstances, the Customer shall pay to SATPHONE RENTALS Ltd on demand, an amount equivalent to the value of the satellite phone and equipment as identified in the rental agreement.

AUTHORIZATION

20. SATPHONE RENTALS Ltd will place an authorization on the designated credit card of $300.00. If applicable, the designated credit card will be used to process satellite phone fees or charges related to the rental of the international satellite phone. This may take more than one transaction. (Charges will apply if equipment is returned after the Free Rental Offer period has passed, or if the equipment is returned later than the rental agreement states

USE OF EQUIPMENT

21. Upon delivery to the Customer SATPHONE RENTALS Ltd will provide instructions and guidelines on the use of the satellite phone and equipment.

22. The Customer will use the satellite phone and equipment in a careful and proper manner, in accordance with the instructions, and in no other manner.

23. The customer agrees that he/she will not:
a. Effect any repairs or modifications to the satellite phone or other rental equipment;
b. Remove or interfere with any certification markers affixed to the satellite phone or equipment;
c. Deface or add to the equipment in any way;
d. Sublet or allow the use of the equipment by any third party; or
e. Attempt to dispose of the equipment or to grant any interest in the equipment to any third party.

REPAIRS OF EQUIPMENT

24. If the equipment is not in working order when delivered or subsequently malfunctions, the Customer will notify SATPHONE RENTALS Ltd or its designated representative immediately.

25. SATPHONE RENTALS Ltd will repair or replace the telephone or equipment as soon as possible after it has been notified of the problem by the Customer and, provided the Customer is not in breach of the rental agreement, SATPHONE RENTALS Ltd will provide the Customer with the same or similar satellite phone or equipment as soon as possible for a period equivalent to the part of the rental period un-expired when the malfunction occurred.

26. If SATPHONE RENTALS Ltd finds that equipment reported as faulty is actually in working order then the Customer will pay the cost of collection and delivery of the replacement satellite phone and/or equipment.

27. SATPHONE RENTALS Ltd will attempt to resolve all issues with the Customer overseas by having a technician contact the Customer to isolate the problem.

28. If SATPHONE RENTALS Ltd cannot resolve the issue with the Customer, SATPHONE RENTALS Ltd will provide authorization via telephone and the Customer can take the mobile phone to a repair center. If the unit can be repaired, SATPHONE RENTALS Ltd will reimburse the charges.

LIABILITY

29. SATPHONE RENTALS Ltd warrants that the satellite phone and equipment will be in working order when delivered to the Customer but cannot be responsible for the performance of the equipment or the operation of the telephone network to which it is connected.

30. SATPHONE RENTALS Ltd MAKES NO OTHER WARRANTIES, GUARANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR THE SATELLITE PHONE SERVICES FURNISHED UNDER THIS AGREEMENT. SUBJECT TO THIS AGREEMENT ( see Theft & Loss Protection) THE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR AND SHALL INDEMNIFY AND HOLD SATPHONE RENTALS Ltd HARMLESS AGAINST ALL CLAIMS, DEMANDS AND LIABILITY ARISING AS A RESULT OF LEASE, POSSESSION, USE, CONDITION, OPERATION OR MISUSE OF THE EQUIPMENT OR THE SATELLITE PHONE SERVICES PROVIDED HEREUNDER WHETHER IN BREACH OF THIS AGREEMENT OR HOWEVER IT ARISES. SATPHONE RENTALS Ltd WILL IN NO EVENT BE RESPONSIBLE FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL CAUSED BY THE SATELLITE PHONE OR OTHER EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL.

31. The Customer shall be liable to SATPHONE RENTALS Ltd for all expenses, including reasonable attorney's fees, incurred in connection with any collection, repossession or other action brought to enforce SATPHONE RENTALS Ltd's right to deactivate the satellite telephone or equipment at any time and without notice to the Customer, in the event that SATPHONE RENTALS Ltd's rights under this agreement. SATPHONE RENTALS Ltd reserves the right to deactivate the satellite phone or equipment at any time and without notice to the customer, in the event that SATPHONE RENTALS Ltd detects unusually high usage or possible fraud in accordance with general operating practices and procedures in the satellite industry, and SATPHONE RENTALS Ltd shall have no liability whatsoever to the Customer for such deactivation.

OWNERSHIP

32. The rental equipment, including the transceiver and all accessories will at all times remain the property of SATPHONE RENTALS Ltd. The Customer acquires no rights other than temporary use. During the rental period, no service or part replacements are authorized without written approval from SATPHONE RENTALS Ltd. The Customer agrees that he/she has examined the equipment and that the equipment is in good working order at the time of receipt.

TERMINATION

33. Unless otherwise agreed with SATPHONE RENTALS Ltd the Customer shall return the satellite phone and any other rental equipment to SATPHONE RENTALS Ltd at the end of the rental period in good working order and in the same condition as when it was delivered to the Customer. The Customer shall return the equipment by Federal Express or comparable overnight courier to the designated SATPHONE RENTALS Ltd address and in accordance with shipping instructions provided by SATPHONE RENTALS Ltd at time of delivery of the equipment. Should the Customer return the equipment using means other than those specified in the instructions provided by SATPHONE RENTALS Ltd at the start of the rental, rental and other charges will continue, and the Customer will remain liable for any damage to the equipment, while the equipment is in transit. Packages returned with any components or pieces missing from the package (kit) provided will continue to be charged full rental until all such missing components or pieces are returned or replacement value of the equipment is paid.

34. Should the Customer:
(a) obtain use of the equipment by any misrepresentation or fraudulent means, or
(b) tamper with the satellite phone meter, or
(c) use the equipment for any illegal or improper purpose, or
(d) otherwise commit a breach of these terms and conditions then SATPHONE RENTALS Ltd may, at its option and in addition to other remedies available hereunder at law or in equity, (i) terminate this agreement; (ii) immediately terminate all services to the Customer, and (iii) take immediate possession of the equipment without being obliged to repay any portion of the rental charges. No remedy of SATPHONE RENTALS Ltd shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.

35. The Customer shall pay the manufacturer's full retail price to SATPHONE RENTALS Ltd for any satellite phone or other rental equipment which is damaged or not returned at the end of the rental period.

APPLICABLE LAW

36. This agreement shall be governed by the laws of the United Kingdom.

GENERAL

37. The headings in this agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.

38. No waiver by SATPHONE RENTALS Ltd of any breach of this agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.

39. This agreement cannot be assigned or transferred by the Customer, nor can this agreement be modified (or any provision waived or modified) except by written instrument signed by SATPHONE RENTALS Ltd or its authorized agent. This agreement constitutes the entire agreement between SATPHONE RENTALS Ltd and the Customer; there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the satellite telephone, accessories or other rental equipment, other than as set forth herein.