Isatphone Satellite Phone Global Rental Agreement
This agreement is made between 1369834 Alberta Ltd o/a Canada Satellite of 215 4th Street NE, Calgary, Alberta, Canada, T2E 3S2
and
________________________________ (hereafter known as the renter) of
_____________________________City___________________Prov_____
Rental Includes:
| Serial # | SIM # | |
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Isatphone Pro Satellite Phone
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Isatphone Pro Satellite Phone
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Isatphone Pro Satellite Phone
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Rental Duration:
Pricing based on 6 month rental from Monday, April 18th, 2011 to October 18th, 2011.
Included Accessories:
- Carry Case
- Quick Start Guide
Rental Details:
- FREE Incoming Calls*
- FREE Incoming Text
- 100 Monthly Airtime Minutes
- Extra airtime @ $1.25/min
- Outgoing Text @ $0.59/ message
*Incoming calls are billed to the caller at standard satellite long distance rates.
Rental Terms & Conditions
1) Introduction - These terms and conditions govern the relationship between Canada Satellite and the Renter and are the basis of the provision of Services by Canada Satellite.
2) Definitions - In these conditions of contract the following expressions will have the following meaning:
(a) "Canada Satellite" shall mean 1369834 Alberta Ltd. o/a Canada Satellite, an Alberta corporation, whose principal office is located at 215 4th Street NE, Calgary, Alberta, Canada, T2E 3S2.
(b) "Renter" will be any company, partnership, practice or person purchasing services directly or indirectly through Canada Satellite as identified on the front of this document.
(c) "Contract" shall mean this Contract.
(d) "Services" shall mean the Service identified in Section 1 of this Contract.
(e) "Invoice" shall mean the sales invoice as issued by Canada Satellite.
(f) "Default" shall mean the failure of the Renter to materially perform or observe any term hereunder, which failure has not been cured within (30) days of receipt of notice from Canada Satellite.
(g) "Network" means the satellite and terrestrial system that provides the service.
(h) "SIM" means a Subscriber Identity Module.
(i) "Initial Contract duration shall mean the first period of a Contract with the Renter prior to any renewals.
(j) "Minimum Period" shall mean the initial Contract duration and / or any period, as detailed in Section 1.
3) Payment / Non Payment
3.1) In consideration for the provision of the Services, the Renter shall pay to Canada Satellite the sum outlined in the invoice, which will be billed on a monthly basis, plus any applicable taxes at the prevailing rate. All payments are in Canadian dollars.
3.2) Data records provided by the network operator are deemed conclusive evidence of calls made and invoicing will be based upon this data.
3.3) For customers paying by credit card, it is the customer's responsibility to ensure that Canada Satellite is advised of any changes so payments are processed and the account is maintained. Credit card payments are processed within 5 days of the invoice date.
3.4) Without prejudice to any other rights available to Canada Satellite, if any invoice remains unpaid thirty (30) days following the due date, then the outstanding balance shall attract interest (before and after judgement) at the rate of 3.5% per calendar month and the Renter's right to credit facilities are revoked and a full payment of all outstanding balances will be made. Renter will indemnify Canada Satellite against all costs incurred in collection and this shall constitute a default of this Contract by the Renter.
3.5) All payments made by the Renter to Canada Satellite shall be applied in the following priority:
(I) Late fees
(II) Overdue amounts
(III) Remaining Balance
3.6) Canada Satellite also reserves the right to immediately suspend the services if payment is not received in accordance with clause 3 of these Terms and Conditions.
3.7) Renter shall notify Canada Satellite of any disputed items within 30 (thirty) days of the invoice due date. Canada Satellite shall review and respond to the dispute within ten (10) working days of receipt if the dispute. Any dispute that is upheld by Canada Satellite will be immediately credited to the Renter if such has already been paid. Thereafter the Renter shall be subject to the Disputes / Arbitration process as outlined in Clause 11 of these Terms And Conditions.
4) Monthly Subscription and Prices
4.1) Subscriptions will be charged as indicated in Section 1 of the Contract irrespective of the use of the Terminal.
4.2) Monthly subscription fees will continue to apply during SIM card / Terminal suspension.
4.3) Call costs not listed in section 1 of the Contract will be charged at Canada Satellite standard rates, copies of which are available upon request.
5) Sales Tax
5.1) Sales taxes (GST / HST) are charged at the prevailing rate.
5.2) For GST, the charges may be zero rates if the order is made and shipped to outside of Canada.
5.3) Where a sales tax becomes due at a later date, Canada Satellite shall pass such charges on to the Renter.
6) Unauthorized / Fraudulent Use
6.1) It is the user's responsibility to ensure that they:
(a) Understand and comply with the laws and licensing arrangements of the country in which they are operating.
(b) Safeguard the operation system from any unauthorized, fraudulent or dangerous use.
(c) Notify Canada Satellite immediately if any unit is lost or stolen or they become aware of any fraudulent use, so that the airtime service may be suspended. Please note that notification must be followed up in writing and that any calls made including fraudulent calls and those derived from SIM card cloning will be chargeable howsoever caused, until such notification is received and suspension of the terminal is confirmed by the Network Operator.
6.2) Canada Satellite reserves the right to immediately terminate any Services to the Renter should they believe that the Renter has not observed their responsibilities as outlines in Clause 3.1 of these Terms & Conditions.
7) Re-activation, Unbarring and Deactivation - In the event of re-activation, unbarring or deactivation of a SIM or Terminal, a charge of C$100 may be applied to each process.
8) Duration
8.1) For Contracts where payment is received upfront, the Contract shall run for the prepaid period, as a minimum.
8.2) The initial Contract duration is detailed in Section 1 of the Contract.
9) Cancellation / Renewal / Termination
9.1) New consumer Renters may cancel the Contract up to 7 working days after the date on which the Contract commences. Notice to cancel must be given within this period in writing. Any costs incurred during this period by the Renter connecting to the Network will be charged to the Renter. Please Note: In these circumstances , connecting to the network during this period will void your right to cancel the Contract.
9.2) Any consumer Renters who enter into a contract via distance means, may cancel this contract up to 7 working days after the date on which the contract commences. Notice to cancel must be given within this period in writing. Please Note: In these circumstances , connecting to the network during this period will void your right to cancel the Contract.
9.3) Canada Satellite will automatically renew the Contract for a further term similar in duration to the original contract, unless written notice of requirement termination is given by the Renter, giving at least thirty (30) days prior notice to the commencement of any renewal term.
10) Liability
10.1) Canada Satellite will use all reasonable endeavours in ensuring its employees use reasonable skill and care in the provision of the Services.
10.2) Any liability in respect of claims arising in contract, or otherwise, for losses of a consequential or contingent nature, due to faults of Canada Satellite is expressly excluded. In no event will Canada Satellite be liable for loss of anticipated profit, loss by reason of plant shutdown, non operation or increased expense of operation of either Goods or Services or other costs, expenses or losses, real or nominal.
10.3) No liability or consequential loss will be accepted by Canada Satellite for
(a) Any or all failure or reduction in quality in all aspects of the system hardware or Services provided nor the satellite(s) or terrestrial connections that apply.
(b) Any failure, errors or omissions of the satellite operator, sub distributors, or any other person or organization associated directly or indirectly with the provision of the anticipated service.
(c) Any loss or delay associated with unlicensed or fraudulent usage.
10.4) Any condition or warranty, which might otherwise be implied or incorporated within this Contract by reason of statute or common law or otherwise, is hereby expressly excluded.
10.5) No warranty either expressed or implied as to performance for fitness or purpose is given.
10.6) Any dates specified by Canada Satellite for the delivery of Services are intended to be an estimate and time for delivery shall be made by essence of notice. If no dates are so specified, delivery shall be within a reasonable time.
10.7) Canada Satellite cannot be held responsible for any loss of Services, which are due to the withdrawal of operating licenses by Governmental authorities or their refusal to renew such.
11) General
11.1) Canada Satellite may assign the Contract or any part of it to any person, firm or company.
11.2) The Renter shall not assign, transfer, subcontract, or in any manner make over to a third party the benefit of this Contract without the prior written consent Canada Satellite.
11.3) Canada Satellite reserves the right to amend the charges during the contract period. Prior notice will be given. If the Renter is not in agreement with these changes then they may terminate this agreement by giving thirty (30) days notice to terminate the Contract. During the thirty (30) day period to termination of the Contract, the original charges will apply. This ability to terminate the Contract in these circumstances is notwithstanding the conditions in Clauses 8 and 9 of these Terms and Conditions.
11.4) Canada Satellite reserves the right to make changes to these Terms & Conditions in line with any changes to the law or amendments to the Network / Service Providers terms and conditions (as applicable).
11.5) Canada Satellite reserves the right to change the ID numbers if required. Prior notice of any changes will be given where possible.
11.6) It is acknowledged and agreed by both parties that neither entry into, nor performance of the Terms of this Contract constitutes a partnership or relationship of agency between the parties.
11.7) Any waiver by either party of its rights under this Contract or of any breach of this Contract shall not be construed as a waiver of any or further rights of breach.
11.8) Canada Satellite reserves the right to suspend the Service at any time upon the discovery of a breach of this Contract.
11.9) Both parties to the contract will comply with their respective obligations under the Data Protection Act, as modified from time to time.
11.10) References to persons shall include bodies corporate and unincorporated associations, partnerships, and individuals and words denoting the singular shall, unless the context otherwise requires, include the plural and vice versa and words denoting any gender shall include all genders.
11.11) Headings are for convenience only and shall not affect the construction of the Contract. No contract shall be deemed to be capable of invalidation owing to printing or clerical errors.
11.12) References to any statute or statutory instrument shall include any re-enactment, modifications, amendments thereto or replacement thereof for the time being in force.
12) Whole Agreement
12.1) Each party acknowledges this Contract contains the whole Contract between the parties and that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigation into all matters relevant to it.
12.2) This Contract supersedes any prior Contract between the parties, either written or oral, for the provision of the Service.
13) Disputes / Arbitration
13.1) In the event of any dispute over the quality of Service received by the Renter will inform the Managing Director in writing. The Managing Director will then undertake a full review of all complaints received and shall offer up a report within 4 weeks of receipt.
13.2) Any dispute arising out o or in connection with the Contract shall be governed be Canadian Law and shall be subject to the exclusive jurisdiction of the Canadian courts.
14) Force Majeure - Neither party shall be in breach of this Contract if there is any total or partial failure of performance by it of its duties and obligations resulting from causes beyond its control including, but not limited to, any act of God, fire, act of Government or State, war, labour disputes of whatever nature, breakdown of plant or machinery or inability to obtain materials or staffing.
15) Notices - Any notice or documentation given under this Contract shall be in writing and shall be deemed to have been duly given, left at, or sent by first class post, registered post, facsimile or other electronic media to a party at its trading address, registered office or last known address for such party or other address as the party may from time to time designate by written notice by the other. Any notice given by post shall be deemed to have been delivered 48 hours after posting. Where notice is given by fax or other electronic media it shall be deemed to have been delivered at the time specified on the senders transmission records if transmitted before 5pm (MST) on a working day but otherwise on the next working day.
16) Severability - If any provision of this Contract is found to be invalid or unenforceable under any applicable law then such provision either shall be inoperative to the extent, or replaced with such wording, necessary to achieve compliance with such law. The remaining provisions of this contract, and such revised wordings as necessary to achieve compliance with the relevant law, shall remain binding on the parties and enforceable as if any such revision was not required.
Section 5: Agreement to Terms & Conditions
I hereby agree to the Terms & Conditions of this Agreement as stated above.
_______________________ _________________________ ______________________
Signature Name Date
Section 6: Payment Info
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VISA
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Mastercard |
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Cardholder Name
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____________________________
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Card Number
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____________________________
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Security Code
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____________________________
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Expiry Date:
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____________________________
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Signature
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____________________________
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