TERMS AND CONDITIONS
Service Agreement is for a minimum of one (1) year. All airtime is
billed from the United States in U.S. Dollars (USD).
(1) Availability of
generally available to satellite 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. SPS 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.
(2) SPS Service:
contracted to have SPS provide the service and pricing under the terms detailed
within this Agreement. Customer agrees to remain as a subscriber of the
service for a period of ONE year from the date of service activation,
and furthermore, agrees to pay any applicable activation, monthly service,
service usage fees and any applicable taxes thereon. SPS reserves the right to
change rates at any time. Unlimited plans do not cover calls between different satellite service providers. Example: Inmarsat phone calling an Iridium phone. Calls between different satellite service providers ((ie: Thuraya, Inmarsat, Iridium and Globalstar) will be billed $12 per minute. Unlimited service plans are available to US based customers only and 90% of the call time must be to a US based phone number.
(3) Data Transmission
Use & Dropped Calls:
Due to the technical
nature of data setups and the inherent sophistication of data
transmission through a variety of operating systems, SPS makes no
representation as to the success of data calls through the system. Customer
agrees that all voice or 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 (i.e.:
next to a building/obstruction), customer is also responsible for any voice or
data transmission at optimum speed, whether intended or not. Customer has been
made aware of potential for significant airtime bills and accepts this
responsibility. All satellite systems have some inherent flaws and anomalies
that can create dropped calls of either voice or data nature. Dropped calls
will not be credited. SPS can provide data setup and technical support beyond
the normal provided setup instructions.
During the contract
period, customer may upgrade their plan to a higher plan, the price of the new
plan will be invoiced at the time of the next bill cycle and any voice minutes
or data bandwidth will be applied at that time. Changing any service plan will
renew the contract period for 12 months as of the effective the date
of the new billing.
All service plans
automatically renew at the end of their term unless SPS receives notification
in writing prior to the end of contract term.
This Service Agreement
cannot be assigned without the written consent of SPS.
Notice of change or
termination must be made in writing to the SPS Customer Service Department no
less than thirty (30) days prior to the expiration of any term of this
Agreement. SPS reserves the right to terminate this Contract at any time during
the contract period.
Email to: [email protected]
Fax to: 1-941-894-6682
Mail: 4802 Lena Rd, Unit 103 Bradenton FL 34211 USA
(8) Invoicing and Guarantee of Payment of Services:
SPS will invoice
customer monthly or annually depending on the plan. This bill is due and
payable upon receipt unless Net terms have been established and approved for
the account. Monthly recurring charges are billed monthly in advance.
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 U.S. 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.
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 SPS for any such taxes.
services are granted subject to credit approval by SPS. SPS 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 and all airtime has been paid.
(11) Foreign Credit
Foreign credit cards
will be accepted only after a complete verification has been done with the
issuing bank. The issuing bank must contact the credit card holder and
confirm the authorization for the charge to be approved. Verification of
foreign credit cards may delay order processing for up to 72 hours. All
deposits for terminals will still apply. SPS reserves the right to decline any
credit card transaction.
A late charge of the
lesser of 1-1/2% per month will be applied to each of Customer’s service
bills not paid by the due date. This late charge is applicable to the unpaid
balance as of the due date. Customer shall pay SPS all costs including, without
limitation, reasonable attorney fees, the fees of any collection agency, and
any other costs incurred by SPS in exercising any of its rights under the
Agreement. Should Customers service be suspended for non-payment SPS will charge
a decommissioning or re-activation fee of $250.00 per mobile terminal for
re-activation of the suspended terminal. Additional
deposits may be required after such an event. SPS charges a fee of $35.00 for
Limitation of Liability:
The satellite services
provided by SPS may be temporarily interrupted, delayed or otherwise limited
and is not available everywhere in the world. SPS makes no representation
that it can provide uninterrupted service. Furthermore, SPS shall have no liabilities
or credit due for interrupted service unless caused by the gross negligence of
SPS. SPS 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.
SPS 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 MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE HEREBY
DISCLAIMED AND EXCLUDED. SPS SHALL NOT BE LIABLE TO ITS DISTRIBUTOR OR CUSTOMER
OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
Terminals and Equipment:
otherwise, SPS 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 until proper written documentation is received and confirmed by SPS.
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. SPS does not guarantee any authority to radiate from
territories other than those allowing trans-border operations of Inmarsat
equipment. For more information on this, please consult with your SPS Account
This contract is
governed by the laws of the State of Florida and applicable tariffs.
(17) 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 FLORIDA. BOTH PARTIES SUBMIT TO SUCH JURISDICTION AND WAIVE ANY
OBJECTION TO VENUE AND/OR CLAIM OF INCONVENIENT FORUM.
(18) Return/Refund policy
30-day return policy. Returnable product will be subject to a 20% restocking fee, and shipping costs are deducted from any refund. Product must be in the same condition as sold to customer with the product manuals and packaging included in the return. Customer should also ship product back at their own expense in a verifiable manner (ie. Priority mail confirmed delivery), and packed in a reasonable way to avoid product damage. If product was defective, then SPS or the product manufacturer will cover the shipping costs. In most cases, we ship the replacement equipment to the customer, and the customer returns defective equipment back in a pre-paid shipment box.
NON-RETURNABLE and NON-REFUNDABLE items include: Prepaid Airtime Cards | Monthly Service Plan Charges | Docking Stations | Cable | Marine Internet Systems from Cobham, Intellian and KVH | Satellite Television systems from Intellian | VSAT satellite systems from Viasat, Hughes, Cobham or Paradigm | Any online order less than $100 | Special order or made to order products or accessories | GPS tracking units.
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below, typing your name and clicking confirm you agree to these terms and
conditions. By completing and submitting the electronic order form or
proceeding through the checkout process, you are making an offer to purchase
goods which, if accepted by us will result in a binding contract. Neither submitting an electronic order form or completing
the checkout process constitutes our acceptance of your order.