Rental Terms and Conditions
1. Agreement to rent
SPS agrees to rent to Customer, and Customer agrees to rent from SPS, the mobile satellite equipment (hereafter designated "Equipment") described for the term of the Effective Dates of Rental, except as otherwise provided herein. The Customer agrees to use the rental equipment with SPS' services.
The term of this Agreement begins on the Effective Date of excepting equipment, and except as otherwise provided herein, will continue until the equipment is returned to SPS as noted in the terms of the effective date and return grace period.
3. Payments & charges
3.1 Rental Charges - Customer agrees to pay rental charges and any other applicable fees IN ADVANCE prior to shipment to designated shipping address. A security deposit reserve as noted in Section 4.2 will be required as security for the return of the equipment in good condition. This deposit is not a charge and Customer agrees to provide such deposit. The customer will pay additional daily rental fee beyond the rental period is $15 per day on satellite phone units, $25 per day on Bgan/Inmarsat units . There are no refunds for unused bundled minutes or megabytes. Customer's credit card will also be charged the applicable airtime charges plus taxes, surcharge & fees of 8.5% Inside FL and 8.5% Outside of FL. SPS will either present customer with an itemized call detail record for all calls made by the rental phone usually within 30 to 90 days after the end of the rental. Until SPS receives the Equipment, the Customer shall remain bound by the obligations of this Agreement.
3.2 Security Deposit/Reserve - A charge for a security deposit/reserve may be placed against the Customer's credit card, as stated above, on or before the Effective Date. This deposit may be retained by SPS and will be applied against Customer's account for payment of rent or damages to or loss of the Equipment, or any other payment owed to SPS by Customer. Currently SPS charges $100 for any Iridium phone and $200 - $500 BGAN terminal as a security reserve. Once account has been finalized and charges paid, any remaining deposit will be credited back to same credit card within 30-45 business days. This time frame is used to receive call records from Iridium or Inmarsat satellite providers.
3.3 Required Testing, Evaluation, or Repairs. If returned equipment appears broken, or water damaged an evaluation charge of $130 may be charged for inspection. Parts and repairs required to return equipment back to service will be charged separately. Repair costs are $100 per hour plus cost of replacement parts. This charge will apply immediately without notification. If terminal cannot be repaired, then customer will be held responsible for the replacement cost of equipment. If insurance was purchased, then the charge will be for the deductible stated for the damaged equipment.
3.4 Other Costs - In addition to the applicable equipment rental charge and airtime, the Customer also agrees to pay for any additional equipment selected above. Any and all shipping costs to transport Equipment between the Customer and SPS or its designated storage location(s) are the responsibility of the Customer. Specified shipping charges outlined above are rates for the Continental United States only. SPS utilizes FedEx, USPS, and sometimes other curriers for rental shipments.
3.5 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 data call attempts, regardless of ultimate successful transmission and termination, will be paid for. No credit will be given in the event of disputes of this nature. Dropped calls will not be credited. SPS can provide data setup technical support beyond the normally provided setup instructions at an additional charge. Please consult with a sales representative for more details.
3.6 Taxes, etc. - Customer will either pay directly or indirectly for any taxes or governmental fees such as use, property, excise, customs duty or other taxes, license fees, assessments, permits or commissioning and registration fees relating to the shipment, activation and rental of the Equipment.
4. Equipment use, site & inspection
4.1 Within 24 hours of receiving equipment, customer must TEST all services and confirm the rental is in working order, and that customer fully understands proper use of equipment before departure.
4.2 Customer shall be responsible for obtaining any license, permit or permission from any governmental or regulatory agency which may be necessary for or imposed upon the operation of the Equipment. The Customer will exercise due care with and will permit only qualified personnel to use and operate the Equipment. Such use and operation shall be only according to written instructions provided by SPS. Customer will not use or operate the Equipment in any illegal manner or for any illegal purpose nor in violation of any law, ordinance or regulation. The Customer will keep SPS advised of the changes to the specified Equipment's site or usage location. The customer also permits SPS to charge immediately without notification for any damages to equipment. The charges will include the cost of repair or replacement equipment.
SPS warrants that each item of equipment will be suitable for normal operation and use at the time of delivery. SPS MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, AS TO ANY MATTER WHATSOEVER. SPS DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
6. Ownership & security interest
6.1 Ownership - Customer acknowledges that SPS is and shall remain the owner of the Equipment until title is conveyed to the Customer by an attached separate lease/sale or sale agreement. Customer will protect SPS' ownership rights against claims, liens and other encumbrances by Customer's creditors or other claimants against Customer. Customer will not remove, obliterate or obscure markings which identify SPS as owner of the Equipment.
6.2 Security Interest - Customer will execute and deliver to SPS documents and forms which are reasonably necessary or desirable to protect SPS' ownership and interest in the Equipment, including financial statements as specified under the Uniform Commercial Code.
7. Insurance & risk of loss
7.1 Insurance - SPS offers insurance against equipment damage if selected on equipment accessories section, SPS Insurance will not cover loss or theft. Customers may seek their own insurance against loss from their Home/Business or other insurance providers.
7.2 Risk of Loss - Customer will bear responsibility for all malfunctions, failures, damage to or loss of equipment, except in the case of manufacturing defects and normal wear and tear covered under Section 9. In the event of any such damage or loss, Customer will promptly give SPS notice thereof. Customer will then select one of the following options:
(I) Pay to SPS an amount equal to the Standard Equipment Value or a fraction thereof for the damaged or lost equipment. In such case, the rental charges and other obligations of the Customer shall continue until the payment is made. After payment is made this Agreement will terminate as to the Equipment involved; or
(II) Request that SPS repair or replace the damaged or lost equipment, and pay to SPS the cost of such repair or replacement. In such case, the rental charges and other obligations of the Customer shall continue during the period of repair or until replacement. If SPS is unable to repair or replace the equipment then option (i) shall apply. In any case, the amount to be paid to SPS shall be reduced by any applicable insurance proceeds paid to SPS.
8.1 Normal Maintenance - SPS or its authorized agent will be the exclusive source to maintain the Equipment and will maintain the Equipment in operational condition. Customer will deliver the Equipment to SPS or its agent for maintenance and Customer will pay all costs for shipment to SPS or its agent and shall be liable for any loss or damage during transportation. SPS or its agent will return the Equipment to the Customer and shall be liable for any loss or damage during transportation. When available, and as requested by the Customer, maintenance may be affected at the Customer's location; in which case Customer will pay for the transportation and labor costs of SPS or its authorized agents in accordance with the standard rates in effect. Such maintenance will be provided without charge to Customer for malfunctions and failures due to manufacturing defects and normal wear and tear. Maintenance required for other malfunctions and failure or damage caused by improper power source, abuse, accident, improper operation, abnormal conditions of operation, or other Customer misuse is covered under Section 8.2.
NOTE: USE OF ERRATIC POWER WILL DAMAGE EQUIPMENT. THIS IS OF PRIMARY IMPORTANCE IN COUNTRIES WHERE CONSISTENT POWER SUPPLY IS NOT AVAILABLE. CUSTOMER-PROVIDED AUXILIARY POWER GENERATOR SHOULD BE CONSIDERED & MAY BE REQUIRED.
Malfunction or failure of operation covered by this section will entitle the Customer to a reduction in rental charges on a pro-rated basis for a period commencing on the day the malfunction or failure is reported to SPS in sufficient detail to enable SPS or its agent to commence necessary repairs, and ending on serviceable condition. In no event will SPS be liable for any loss of profits, indirect, consequential or other damages resulting from any failure of the Equipment. The customer will not open the Equipment's housing, alter or repair or permit the alteration or repair of the Equipment, or make any attachments thereto, without the prior written approval of SPS Whenever Communications LLC.
9. Limitation of liability & indemnity
9.1 Limitation of Liability - In no event will SPS be liable to the Customer for any incidental, indirect or consequential damages, regardless of cause.
9.2 Indemnity -The Customer agrees to protect, indemnify and hold harmless SPS from and against all claims, damages and costs including legal expenses arising out of the Customer's use of this Equipment.
If Customer fails to perform any obligation specified under this Agreement or otherwise defaults, SPS has the right to terminate this Agreement forthwith by notice to the Customer. Upon such termination, (i) the balance of the Gross Rental Amount will be due and payable immediately, and (ii) SPS has the right, at its discretion, to take possession of and remove the Equipment from service immediately.
Any other damages or amount chargeable to the Customer shall be immediately due upon such termination. In addition to failure to perform any obligations as elsewhere stated in this Agreement, the following shall be defaults by the Customer:
1. Issuance of writ, attachment, execution, or similar court process against the Customer or its property.
2. Bankruptcy or any application for reorganization, protection from creditors, insolvency, appointment of a receiver or trustee whether voluntary or involuntary.
3. Termination of the Customer's business.
4. Any false or misleading representation prior to or during the term of this Agreement.
5. Failure to use the SPS network or to pay communications service invoices on time.
6. Change in management or ownership of the Customer.
7. Any action which jeopardizes SPS' ownership or agent / partner's ownership rights or ability to take possession of the Equipment.
This agreement and the rights and obligations created hereunder shall not be reassigned by the Customer without the prior written consent of SPS Whenever Communications LLC.
All notices and other communications required or permitted to be given under this Agreement will be in writing and will be effective when delivered personally, when sent by confirmed fax, U.S Mail, or by certified courier addressed to the parties at their respective addresses set forth below, unless by such notice a different person or address shall have been designated.
If Customer, to:
Address given in Section 1 and to Customer's fax number
If to (SPS) Whenever Communications LLC. 2100 19th Street, Sarasota, FL 34234 USA
13.1 Early Returns - Under no circumstance will Customer be granted credit for unused time or early return of equipment as it pertains to the effective date of rental.
13.2 Export Regulations - The Customer will not engage in exporting, diverting or re-exporting Equipment in a way inconsistent with U. S. export laws.
13.3 Excusable Delays - If SPS' performance of any obligation hereunder is delayed due to reasons beyond SPS' reasonable control, the time for performance of such obligation will be postponed for a period equal to the number of days of such delay. In no event will SPS be liable for any damages resulting from any delay in the delivery of Equipment or any delay in the performance of maintenance.
13.4 Previous Agreements - This Agreement supersedes all prior and contemporaneous agreements and representations made with respect to the same subject matter, and is the entire Agreement between the parties.
13.5 Severability - In the event that any one or more provisions contained in this Agreement should for any reason be held to be unenforceable in any respect under the laws of the state of Florida or of the United States, unenforceability shall not affect any other provisions of this Agreement and this Agreement shall be construed as if such unenforceable provision had not been contained herein.
13.6 Controlling Law - All questions concerning the validity, operation, interpretation and construction of this Agreement will be governed by and determined in accordance with the laws of the Florida.
13.7 Headings - The headings and titles to the section and paragraphs of this Agreement are inserted for convenience only and will not be deemed a part hereof or affecting the construction or interpretation of any provisions hereof.
13.8 Counterparts - This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy hereof.
13.9 Further Assurances - The parties agree to perform all acts and execute all supplementary instruments or documents which may be necessary or desirable to carry out the provisions of this Agreement.
14. Customer also agrees that additional charges will be made after the rental period for airtime, extra rental days, damages, and (or) loss of equipment. Any changes or additional service selections after the rental has been sent out will incur a $15.00 processing fee. There are no refunds or credits for early returns. Cancellations of order prior to shipment will incur a $50 cancellation fee. Cancellations after orders are shipped are nonrefundable including airtime, bundles, and accessories. International customers are required to submit front and back copies of credit card, and government issued ID/passport, and are required a credit card or wire deposit of $1500 per unit. Finalization on rental bills and airtime summaries are normally provided within 90 days from time rental was returned.
By 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.