DATA SERVICE PLANS TERMS AND CONDITIONS

Transcription

1 DATA SERVICE PLANS TERMS AND CONDITIONS Service Plans, Prices and Terms of Payment A. Service Plans. Customer may select any of the Data Service Plans referred to in the attached Schedule B-1. Company pricing to Customer is based on the monthly Service Charges. Customer shall be liable for payment of monthly Service Charges for each data Service Plan and any and all charges and fees. B. Prices and Terms of Payment. The Service Plans available to Customer are referred to in the attached Schedule B and subject to the terms and conditions of such Plan(s) chosen. Company s billing records which shall be based on the billing system provided by the Mobile Operator and shall be the sole records used to determine what Service was rendered. Customer agrees to pay Company in full for all charges set forth in this Agreement and attached Exhibits B and within Schedule B each month, subject to all terms and conditions set forth therein. Customer agrees to provide Company a valid credit card information and authorizes the Company to place charges on such credit card in full payment for all due charges. C. Charges for Service. Customer is solely responsible for all charges with respect to any Service Plans assigned to Customer from the date of activation of Service through the last day of calendar month in which a written notice from Customer to discontinue or suspend Service. Termination and Suspension of Services A. Forbidden Activities. Service to a Number may be restricted or cancelled if there is a reasonable suspicion of abuse or fraudulent use. B. Termination of Services. Customer shall provide a written notice to the Company to discontinue or suspect Service for each or any Number(s) purchased. C. Default Disconnection. Failure by Customer to pay any sum due to Company hereunder when due within allotted term. Limitations of Warranties and Liability A. Disclaimer of Warranties. EXCEPT AS TO ANY WRITTEN LIMITED WARRANTY THAT MAY BE PROVIDED, ALL SERVICE AND EQUIPMENT IS PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER ASSUMES ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE OR EQUIPMENT. COMPANY DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND CUSTOMER ACKNOWLEDGES IT IS NOT RELYING ON ANY SUCH STATEMENT. ANY STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS

2 WARRANTIES BY COMPANY OF ANY KIND. NEITHER COMPANY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DEALERS, SUPPLIERS, PARENTS WARRANT THAT THE INFORMATION, PRODUCTS, PROCESSES, AND/OR SERVICES AVAILABLE THROUGH THE SERVICE OR EQUIPMENT WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE. CUSTOMER HAS NOT RELIED ON AND WILL NOT CLAIM THAT IT IS ENTITLED TO THE BENEFITS OF ANY REPRESENTATIONS, PROMISES, DESCRIPTION OF THE SERVICE OR OTHER STATEMENT NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT. B. Limitation of Liability. Company shall not be liable for any deficiency in performance caused in whole or in part by act or omission of Carrier or service Customer, dealer, equipment or facility failure, Equipment failure, Facilities problems, lack of coverage or network capacity, equipment or facility upgrade or modification, acts of God, strikes, fire, terrorism, war, riot, emergency, government actions, equipment or facility shortage or relocation, or causes beyond Company s reasonable control, including without limitation the failure of an incoming or outgoing call, including a emergency call, to be connected or completed or for the functionality of location services, including location services. EVEN IF COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, THEY WILL NOT BE LIABLE TO CUSTOMER OR ANY OF CUSTOMER S EMPLOYEES, AGENTS, END USERS, CUSTOMERS OR ANY THIRD PARTIES FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE OR ANY EQUIPMENT, INCLUDING WITHOUT LIMITATION: DISCLAIMED DAMAGES OR LOSS OF PRIVACY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, COST OF REPLACEMENT PRODUCTS AND SERVICES, SUSPENSION, TERMINATION, OR THE INABILITY TO USE THE SERVICE, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY ANY EQUIPMENT, OR LOSSES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. THE SERVICE IS NOT GUARANTEED AGAINST EAVESDROPPERS, HACKERS, ATTACKS, VIRUSES, OR INTERCEPTORS, AND CUSTOMER AGREES THAT COMPANY SHALL NOT BE LIABLE TO CUSTOMER OR END USERS FOR ANY LACK OF PRIVACY OR SECURITY. THE MAXIMUM AGGREGATE LIABILITY OF COMPANY TO CUSTOMER, AND THE EXCLUSIVE REMEDY AVAILABLE IN CONNECTION WITH THE AGREEMENT FOR ANY AND ALL DAMAGES, INJURY, LOSSES ARISING FROM ANY AND ALL CLAIMS AND/OR CAUSES OF ACTION RELATED TO THE SERVICE OR EQUIPMENT, SHALL BE TO RECOVER NO MORE THAN $50,000. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. CUSTOMER AGREES THAT INCLUSION OF THIS PARAGRAPH WAS A MATERIAL CONSIDERATION FOR COMPANY TO ENTER THE AGREEMENT. THE LIMITATIONS SET FORTH IN THE PRECEDINGPARAGRAPH ARE INDEPENDENT OF EACH OTHER AND BOTH THE

3 LIMITATION OF DAMAGES AND LIMITATION OF REMEDY SET FORTH ABOVE WILL SURVIVE ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY OR ALL PARTS OF THE LIMITED REMEDY SET FORTH IN THE PARAGRAPH IMMEDIATELY ABOVE. By using and purchasing the M2M Data Service from Baltic Networks, you indicate that you have read and understand these Terms and Conditions and agree to be bound by them. COMPANY: Vargyas Networks Inc. dba Baltic Networks USA By: Name: Brian Vargyas Title: Managing Director Date: CUSTOMER: By: Name: Title: Date: FOR OFFICE USE ONLY Plan Order Number Activation Date Termination Date Number of Devices

4 EXHIBIT A Credit Card Authorization Form I hereby authorize Baltic Networks USA (the Company) to charge the credit card listed below for all due service charges and balances. I understand and agree that any rejection or chargeback under these circumstances is in violation of these agreements and agree to pay any and all legal fees associated with collecting money s owed the Company. Company: Main Contact Name: Title: Telephone #: Credit Card #: Expiration: CVC #: Type (check one) Visa MasterCard Discover Issuing Bank: Phone # of Issuing Bank: Full Name as Appears on Card: Credit Card Statement Address: Card Holder Signature:

5 EXHIBIT B Service Charges 1. Data Usage. Data usage charges will apply for data transmissions, text messages, downloadable content, program, instruction or file, alerts and any other information sent through the Carrier s Facilities and associated with the Device. Those charges are set forth in the applicable Service Plans. Unless stated otherwise, all data will be calculated and billed in kilobytes. Any fraction of a megabyte used on the Carrier s Facilities will be rounded up and charged as one (1) kilobyte. Any fraction of a megabyte used on the non-carrier Facilities during domestic roaming off of the Carrier s Facilities will be rounded up and charged as one (1) kilobyte. 2. Dropped Transmissions. Data transmissions may be involuntarily interrupted ( dropped ) for a variety of reasons beyond the control of Carrier. Dropped transmissions will be billed as any other transmission. In addition, Carrier may try to resend a dropped transmission, which will result in additional charges. 3. Roaming. Roaming charges apply when Equipment is used outside of the Carrier s Facilities. Billing of roaming charges and minutes of use or Services may be delayed or applied against included minutes or Services in a subsequent billing cycle, which may cause Customer to exceed your allocated minutes or Services in a particular billing cycle. Roaming rates are set forth on the Company s Service Plans (Schedule B-1). 4. Limitations of Watchdog services. Customer acknowledges that Watchdog services offered under this agreement may be subject to latency and reporting delays of wireless carrier systems beyond the control of the Company. Due to potential system limitations, including customer applications and devices, the Company does not guarantee that scheduled Watchdog reports or actions will be executed in real or near real time. Customer acknowledges that a device in session may incur significant overage charges before the Watchdog function can be successfully executed, and that failure of the Watchdog system to immediately suspend or report on a device for overuse conditions will not be grounds to dispute overage charges incurred by a device that exceeds a Watchdog parameter

6 SCHEDULE B-1 Order Number Sprint Service Plan Name Bucket Plan USSDL100 Sprint 100KB (Private Fixed IP) $2.40 $1.80 $0.08 USSDL500 Sprint 500KB (Private Fixed IP) $3.00 $1.80 $0.08 USSDL1024 Sprint 1 (Private Fixed IP) $3.60 $1.80 $0.08 USSDL2048 Sprint 2 (Private Fixed IP) $4.80 $1.80 $0.08 USSDL3072 Sprint 3 (Private Fixed IP) $5.40 $1.80 $0.08 USSDL5120 Sprint 5 (Private Fixed IP) $6.00 $1.80 $0.08 USSDL10240 Sprint 10 (Private Fixed IP) $9.60 $0.90 $0.08 USSDL25600 Sprint 25 (Private Fixed IP) $12.00 $0.90 $0.08 USSDL51200 Sprint 50 (Private Fixed IP) $14.40 $0.90 $0.08 USSDL Sprint 100 (Private Fixed IP) $15.00 $0.90 $0.08 USSDL Sprint 500 (Private Fixed IP) $20.00 $0.05 $0.08 USSDL1GB Sprint 1GB (Private Fixed IP) $40.00 $0.05 $0.08 USSDL2GB Sprint 2GB (Private Fixed IP) $50.00 $0.05 $0.08 USSACT ESN/MEID Activation (1 time charge) $15.00 Limited Voice Capability $0.10 Order Number Sprint Service Plan Name Bucket Plan USSv Sprint 100KB (Dynamic IP) $2.00 $1.50 $0.08 USSv Sprint 500KB (Dynamic IP) $2.50 $1.50 $0.08 USSv Sprint 1 (Dynamic IP) $3.00 $1.50 $0.08 USSv Sprint 2 (Dynamic IP) $4.00 $1.50 $0.08 USSv Sprint 3 (Dynamic IP) $4.50 $1.50 $0.08 USSv Sprint 5 (Dynamic IP) $5.00 $1.50 $0.08 USSv Sprint 10 (Dynamic IP) $8.00 $0.75 $0.08 USSv Sprint 25 (Dynamic IP) $10.00 $0.75 $0.08 USSv Sprint 50 (Dynamic IP) $12.00 $0.75 $0.08 USSv Sprint 100 (Dynamic IP) $15.00 $0.75 $0.08 USSv Sprint 500 (Dynamic IP) $20.00 $0.05 $0.08 USSv1GB Sprint 1GB (Dynamic IP) $40.00 $0.05 $0.08

7 USSv2GB Sprint 2GB (Dynamic IP) $50.00 $0.05 $0.08 USSACT ESN/MEID Activation (1 time charge) $15.00 Limited Voice Capability $0.10 Order Number T-Mobile USA Service Plan Name Bucket Plan UST GSM 0KB $2.20 $3.00 $0.08 UST GSM 50KB $2.25 $3.00 $0.08 UST GSM 100KB $2.50 $3.00 $0.08 UST GSM 500KB $3.00 $3.00 $0.08 UST GSM 1 $4.00 $3.00 $0.08 UST GSM 2 $5.00 $3.00 $0.08 UST GSM 3 $6.00 $2.25 $0.08 UST GSM 5 $7.50 $2.25 $0.08 UST GSM 10 $12.00 $2.25 $0.08 UST GSM 20 $20.00 $2.25 $0.08 UST GSM 50 $30.00 $1.50 $0.08 UST GSM 500 $36.00 $0.10 $0.08 USTSIM ESN/MEID Activation (1 time charge) $15.00 Limited Voice Capability (per minute) $0.10 UST1YRRpp0 1-yr Pre-Paid Service (0KB) $18.00 $3.00 $ yr Pre-Paid Service (1 per $24.00 $0.10 US1YRRpp1 Month) $3.00 Order Number T-Mobile USA Service Plan Name Pooled Plan USTP GSM 0KB $2.64 $3.00 $0.08 USTP GSM 50KB $2.70 $3.00 $0.08 USTP GSM 100KB $3.00 $3.00 $0.08 USTP GSM 500KB $3.60 $3.00 $0.08 USTP GSM 1 $4.80 $3.00 $0.08 USTP GSM 2 $6.00 $3.00 $0.08 USTP GSM 3 $7.20 $2.25 $0.08

8 USTP GSM 5 $9.00 $2.25 $0.08 USTP GSM 10 $14.40 $2.25 $0.08 USTP GSM 20 $24.00 $2.25 $0.08 USTSIM ESN/MEID Activation (1 time charge) $15.00 Limited Voice Capability (per minute) $0.10 Order Number Verizon USA Service Plan Name Pooled Plan USWyGN Preferred Roamer GSM 0KB $3.50 $3.75 $0.11 USWyGN Preferred Roamer GSM 50KB $3.75 $3.75 $0.11 USWyGN Preferred Roamer GSM 100KB $4.00 $3.75 $0.11 USWyGN Preferred Roamer GSM 500KB $5.00 $3.75 $0.11 USWyGN Preferred Roamer GSM 1 $6.50 $3.75 $0.11 USWyGN Preferred Roamer GSM 2 $9.50 $3.75 $0.11 USWyGN Preferred Roamer GSM 3 $12.50 $3.75 $0.11 USWyGN Preferred Roamer GSM 5 $18.00 $3.75 $0.11 USWyGNSIM ESN/MEID Activation (1 time charge) $15.00 Limited Voice Capability (per minute) $0.15