OCENS, Inc. Iridium Satellite Services Terms & Agreements
1. Availability of limited service: Service is generally available to satellite terminals equipped for this service when within the satellite footprint. Service is furnished to Customer or Customers authorized user. A telephone number may not appear in more than one terminal. Customer has no property right in such number. OCENS reserves the right to assign, designate, or change such number, when, in its sole discretion, such action is reasonably necessary in the conduct of business;
2. OCENS Service: Customer has contracted with OCENS to have OCENS provide the service under the terms detailed in this agreement. Customer will pay a $50 one-time charge per account activation ($75 for Northern Lights activation). All postpaid contracts are annual contracts except for Voice-Only and Basic (early termination of an annual contract is subject to a $500 early termination fee). Iridium service is provided by Iridium Satellite, LLC. Customer agrees to pay any applicable activation, monthly service, service usage fees, and any applicable taxes thereon. OCENS reserves to change rates at any time;
3. Data Transmission Use and Dropped Calls: Due to the technical nature of data setups and the inherent sophistication of data transmission through a variety of satellites, systems and networks, OCENS makes no representation as to the success of data calls through the 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 disputes of this nature. Along with potential incorrect use (i.e., next to a building/obstruction), the Iridium system (a low earth orbiting satellite constellation) has inherent flaws and anomalies that can create dropped calls of either voice or data nature. Dropped calls will not be credited. OCENS can provide data setup technical support beyond the normal provided setup instructions at an additional charge. Please consult with OCENS sales representative for further details;
4. This service agreement cannot be assigned without the written consent of OCENS. OCENS reserves the right to terminate this agreement at any time during the contract period;
5. Postpaid data fees: To obtain postpaid per minute data fees quoted by OCENS, customer must access the OCENS Data Portal. Portal access instructions are attached as page 4 of this agreement. Page 4 must be initialed prior to activation of postpaid accounts. Data calls not made through the OCENS Data Portal will be billed at $1.49 per minute. Customer is responsible for contacting OCENS with questions or for assistance regarding access to the Data Portal.
6. Invoicing and Guarantee of Payment of Services: OCENS will invoice customer monthly for pending services if pre-paid accounts or recurring charges and for services/minutes used if post-paid accounts. Invoices shall be paid by credit cards. Customer understands that they are responsible for all air time charges, including but not limited to direct airtime, long distance and roaming charges (if applicable) and charges for any customer elected, value-added services (when available). Payment must be made in US dollars. Customer requests for direct billing are subject to credit approval and may be subject to required deposits and/or direct payment by credit card or a guarantee authorized against a valid accepted credit card;
7. Taxes: The price of the service does not include sales, usage, excise, ad valorem, property or any other taxes now or hereafter imposed, directly or indirectly, by any governmental authority or agency with respect to the service. Customer shall pay such taxes directly or reimburse OCENS for any such taxes;
8. Deposits: Mobile satellite services are granted subject to credit approval by OCENS. OCENS requires the establishment of credit or the ability to pay invoices according to the established terms. Deposits may be required for non-US citizens or customers who do not have established credit. Customers will be advised prior to service activation if a deposit is required. Deposits will be refunded at service or contract termination;
9. Foreign Credit Cards: Foreign credit cards will be accepted only after a complete verification has been done with the issuing bank. Verification of foreign credit cards may delay authorization by 72 hours. All deposits for terminals will still apply. OCENS reserves the right to decline any credit card application;
10. Non-Payment/Breach: A late charge of 1-1/2% per month will be applied to each of customer’s service bills not paid by due date. This late charge is applicable to the unpaid balance as of the due date. Customer shall pay OCENS all costs including, without limitation, reasonable attorney fees, the fees of any collection agency, and any other costs incurred by OCENS in the exercising any of it’s rights under the agreement. Should customers service be suspended by non-payment OCENS will charge a decommissioning fee of $50 per mobile terminal for re-activation of the suspended terminal;
11. Contractual Limitations: During the contract period, customer may change their pricing plan to a higher bundle free of charge. Moving to a lower pricing
plan with fewer included minutes will incur a fee of $100 and will renew the twelve month contract period
12. Limitation of Liability: The satellite service provided by OCENS may be temporarily interrupted, delayed or otherwise limited and is not available everywhere in the world. OCENS makes no representation that it can provide uninterrupted service. Further, OCENS shall have no liabilities or credit due for interrupted service unless cased by the gross negligence of OCENS. OCENS shall not be liable for acts or omissions of other carriers, equipment failures, or modifications, acts of God, strikes, government actions, or other causes beyond our reasonable control. OCENS MAKES NO WARRANTIES WITH RESPECT TO THE SERVICE OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT. THE IMPLIED WARRANTIES OF MERCHANTABLILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE HERBY DISCLAIMED AND EXCLUDED. OCENS SHALL NOT BE LIABLE TO ITS DISTRIBUTOR OR CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES;
13. Subscriber Terminals and Equipment: Unless provided otherwise, OCENS is not responsible for the installation, operation, quality of transmission, or maintenance of customer equipment. If customer’s equipment is stolen, customer is responsible for all charges as agreed upon in this agreement;
14.Licensing: Customers wishing to operate satellite phones while in foreign territories shall be required to obtain any and all licensing or approvals that may be required to operate within that territory. OCENS does not guarantee any authority to radiate from territories other than those allowing trans-border operation of equipment;
15. Governing Law: This contract is governed by the laws of Washington State and applicable tariffs;
16. CUSTOMER AGREES THAT ANY LEGAL PROCEEDING COMMENCED BY ONE PARTY AGAINST THE OTHER, SHALL BE BROUGHT IN ANY STATE OR FEDERAL COURT HAVING PROPER JURISDICTION WITHIN THE STATE OF WASHINGTON. BOTH PARTIES SUBMIT TO SUCH JURISDICTION AND WAIVE ANY OBJECTION TO VENUE AND/OR CLAIM OF INCONVENIENT FORUM.