OCENS, Inc. Iridium Satellite Services Rental Terms & Agreements
It is Client’s responsibility to understand how to use the phone and its accessories and to verify that it is operable. Should Client not return the phone or any accessories to OCENS within 2 days of receiving the equipment, the phone and its accessories shall be deemed operable, and Client agrees to be responsible for all charges set forth in the rental agreement. Client agrees to pay all rental and shipping charges regardless of Iridium coverage or equipment performance in the area of attempted use.
To return by or within 3 days of the “End Date” shown above, all materials described above via registered common carrier, insured for the amount shown in “Equipment Value” section below to:
OCENS, Inc.
22608 marine View Dr S
Suite 300
Des Moines WA 98198
To return equipment in the same condition as received, less reasonable wear and tear and agree to pay the “Equipment Value” amount if the materials are not so returned. OCENS can put a hold on Client’s credit card to cover the retail value of the equipment and make an immediate charge for the rental period reserved herein. On termination of the rental agreement, or periodically during the rental period, all amounts including rental, shipping, and airtime charges can be charged to the named account(s). A late charge of the lesser of 1- 1/2% per month or the maximum rate permitted by law may be applied to any amount not paid when due. Client shall pay all costs including, without limitation, court costs, attorney fees, the fees of any collection agency and any other costs incurred by OCENS in exercising or defending any term of, or right under, this Agreement. Client agrees that this contract shall be governed by the laws of the State of Washington, without regard to its conflicts or choice of laws, and that sole venue shall be in Seattle, King County, WA, USA.
To recognize that others are waiting to use the rented equipment and late returns will result in additional rental charges to you and inconvenience to other OCENS’ customers. Rental units not returned to OCENS within the 3 day end of rental grace period shall be charged a late fee of $25/day per additional day beyond the 3 day grace period.
It is understood and agreed upon by and between OCENS and you, our customer, that rental equipment sent to you under this agreement shall be the responsibility of the customer him/herself, unless otherwise agreed upon and authorized by OCENS.
Per minute voice airtime charges are rounded up to the whole minute and billed in accordance with the Iridium billing cycle. Please note that if your rental period includes time covered in at least two separate billing periods, you may see at least two separate airtime usage billings from OCENS. Airtime used will be billed to the credit card number you have provided. It is the Client’s responsibility to know the rate for any call. Airtime usage detail is provided by OCENS upon request.
Portions of the equipment, including all documentation, manuals and packaging are copyrighted and contain proprietary information of Iridium. These materials may not be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine readable form or otherwise duplicated or altered; in whole or in part, without the prior written consent of OCENS and Iridium.
OCENS makes no warranties with respect to the Iridium handset or other equipment used by you in connection with the Iridium service and expressly disclaims any and all expressed and implied warranties with respect thereto, including without limitation, any and all implied warranties of merchantability or fitness for a particular purpose. You accept the services on an “as is”, “where is” basis. You acknowledge that Iridium does not warrant the availability, reliability, or any other aspect of the Iridium service. You hereby waive all warranties and conditions, express, implied or statutory, including any warranty of merchantable quality, fitness for a particular purpose, or availability or reliability, negligence, tort, statute, equity, contract, common law, or any other cause of action or legal or equitable theory. Under no circumstances will OCENS be liable for any 1) interruptions or defects in the Iridium service which affect you, or 2) indirect, aggravated, exemplary, punitive, special, incidental, or consequential damages (including damages for lost profits, lost revenues, lost information, business interruption, failure to realize anticipated savings or any other commercial or economic loss), or third party claims, expenses, costs, liability, loss or damage whatsoever, whether arising in negligence, tort, statute, equity, contract, common law, or any other cause of action or legal theory, even if OCENS has been advised of the possibility of such damages. You agree, acknowledge and confirm that the limitations of liability set out in this Agreement are fair and reasonable in the commercial circumstances of this Agreement and that OCENS would not have entered into this Agreement but for your agreement to limit OCENS’ liability in the manner, and to the extent provided herein.
Broadband service call-out:
- Satellite broadband terminals such as the GO! exec are capable of making high speed (broadband) Internet connections that can result in significant bills for satellite airtime if usage is not monitored and controlled. Use extreme caution when connecting a satellite broadband terminal to a computer network that may request or search for Internet access. This could result in the network utilizing the terminal to access the Internet. If you have ANY questions about connecting your GO Exec to a network, contact a computer network specialist.
- Satellite broadband terminals such as the GO Exec are NOT recognized as maritime distress devices, and customer understands that they should not be used for “SAFETY AT SEA” purposes.
- To enhance your experience with your GO Exec, use it with bandwidth conservation apps and services from OCENS and/or turn off or uninstall from your computer bandwidth hungry applications and programs, cloud-based services (eg iCloud, DropBox, Google Drive and others), software and operating system updates, VOIP clients (eg Skype and others), mobile device apps, malware and/or adware. All of these applications will run in the background and could make use of the Internet Connection established with your GO Exec. In doing so, they will consume bandwidth at unpredictable levels and INCREASE YOUR BILL for your GO Exec usage. Remember, sending or receiving email requires an Internet Connection.
Voice and Data Transmission Use and Dropped Calls: Due to the technical nature of data setups and the inherent sophistication of voice and data transmission through a variety of satellites, systems and networks, OCENS makes no representation as to the success of voice and data calls through the system. Customer agrees that all voice and 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), satellite systems have 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.
Governing Law: This contract is governed by the laws of Washington State and applicable tariffs;
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.