Service Term and Conditions

  1. General Information. This Customer Agreement (“Agreement”) establishes the terms and conditions (“Terms”) under which you, any person on your account, an Authorized User, and any person you allow to use the Products and Services (individually and/or collectively, “you,” “your,” or the “Customer”) agree use the Products and Services identified in the Purchase Order provided by Connecta Satellite Solutions, LLC d/b/a Connecta Mobile (“Connecta Mobile, we, or us”). It is the Customer’s sole responsibility to ensure that others do not gain unauthorized access to the Products and Services. The Customer shall take all reasonable precautions to prevent such unauthorized access to the Products and Services, including by protecting the security of any usernames or passwords relating to the Products or Services.
    • This Agreement incorporates by reference the accompanying Purchase Order (the “Purchase Order”). In the event of any conflict between this Agreement and the Purchase Order, this Agreement shall govern.
    • These Terms prevail over any of the Customer’s general terms and conditions regardless whether or when the Customer has submitted its request for proposal, order, or such terms. Provision of Products and Services to Customer does not constitute acceptance of any of Customer’s terms and conditions and does not serve to modify or amend these Terms or this Agreement.
  2. Acceptance of Agreement. By accepting this Agreement, the Customer is bound by these Terms. Acceptance of this Agreement can be made by (a) written, digital, or verbal indication that the Customer accepts this Agreement during the submission of your order; or (b) you commence the use of the Services.
  3. Term Length. The term of this Agreement is specified in the Purchase Order. This Agreement will end at the end of such term or when either you or Connecta Mobile terminate this Agreement in accordance with the terms hereof.
  4. Termination. In addition to any remedies that may be provided under this Agreement, Connecta Mobile may terminate this Agreement with immediate effect without notice to Customer, if Customer:
    • fails to pay any amount when due under this Agreement;
    • has not otherwise performed or complied with any of the terms of this Agreement, in whole or in part; or
    • becomes insolvent, files a petition for bankruptcy or commences or has commenced against its proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.

In the event of Termination, the Customer shall immediately cease using the Products or Services. The Customer shall be liable for any costs incurred by Connecta Mobile in connection with Termination, including costs incurred to enforce your compliance and reasonable attorneys’ fees.

  1. Definitions.
    • “Accessories” means those items that Connecta Mobile sells that are not integral to the functioning of the Products and Services, including but not limited to mobile phone cases, charging cords, wireless chargers, and other miscellaneous accessories.
    • “Authorized Use Policy” means the provisions set forth in section 9.
    • “Authorized User” means any user authorized to use the Products and Services by the Customer.
    • “Billing Cycle” means the monthly cycle for Product and Service usage as established and billed by Connecta.
    • “Data Service” means the data service provided by Underlying Carrier.
    • “eSIM Card” means electronic Subscriber Identity Module card.
    • “FCC” means the Federal Communications Commission or its successors.
    • “ICCID” or “Integrated Circuit Card Identifier” means the 19-20 digit identification number for a SIM Card or eSIM that is used for activation.
    • “IMEI” means International Mobile Product Identity, the unique permanently assigned identification number installed in each device when it is manufactured.
    • “MOU” or “Minutes of Use” means a minute of use of Voice Service. All MOUs under this Agreement will be rounded up to the nearest whole MOU.
    • “MRC” means monthly recurring charge.
    • “MSISDN” means the Mobile Subscriber Integrated Services Digital Network Number uniquely identifying a SIM card.
    • “Person” means any individual, subsidiary, corporation, limited liability company, partnership, co-partnership, firm, joint venture, association, joint stock company, trust, estate, unincorporated organization, governmental or regulatory body or other entity.
    • “Product” means a single unit of Product having a unique IMEI (including the associated SIM Card) for use in connection with its own number when applicable, when operating utilizing such Product, which includes an operating system and other software, which is technically and operationally compatible with the Connecta Mobile network. All new activations will be on compatible approved devices with their specific banding requirements provided by Connecta.
    • “Product Return Policy” means the provisions set forth in section 8.
    • “Services” are the Voice Service, SMS service, Data Service, and other services which Connecta Mobile has agreed to provide to Customer as more fully set forth in the Purchase Order.
    • “SIM Card” means Subscriber Identity Module card.
    • “Retired Product” means any product that is no longer supported by its manufacturer or which no longer receives software or firmware updates.
    • “Underlying Carrier” or “Carrier” means the wireless and satellite service provider carrier from whom Connecta Mobile purchases satellite and wireless communications services.
    • “USAC” means the Universal Service Administrative Company or its successors.
    • “Voice Service” means the wireless voice services provided by Underlying Carrier as further described in the Purchase Order.
  2. Services. During the Term, Connecta Mobile shall provide to Customer the Products and Services as described in the accompanying Purchase Order in accordance with these Terms.
    • Security Services. Provided that Customer has purchased Connecta Mobile’s device management application, and uses such device management application in accordance with this Agreement, Connecta Mobile’s device management application enables Customer to communicate through a secured and encrypted channel so that confidential information communicated to another device that supports receipt of secured and encrypted data is transferred (whether it be messages, files, photos, recordings) in an encrypted channel that is protected from any malicious attacks or espionage.
    • Additional Services. During the Term, if Customer seeks any additional services not included in the Purchase Order, Connecta Mobile may agree or disagree to provide such additional services in its sole discretion. Any additional services and the terms thereof agreed to by Connecta Mobile must be set forth in a written document signed by Connecta Mobile.
    • Connecta Mobile Services. The Customer has contracted to have Connecta Mobile provide the Products and Services under the Terms detailed within this Agreement. The Customer agrees to remain as a subscriber of the Services for a period stated on the Purchase Order from the date of service activation, and furthermore, agrees to pay any applicable activation, monthly service, service usage fees, and any applicable taxes.
  3. Products and Accessories.
    • Use of Other Product and Devices. Unless provided otherwise in the Purchase Order, Connecta Mobile is not responsible for the installation, operation, quality of transmission, or maintenance of Customer’s Product. Connecta Mobile does not represent that the Products and Services will work correctly, or that all features will be available, if you access the Services using Products not provided by Connecta Mobile. Connecta Mobile has no responsibility for the installation, operation, support, maintenance, or repair of any other devices, retired Products, software, or services that you choose to use in connection with the Connecta Mobile Services. In addition, you are prohibited from reselling Products in accordance with section 9(e).
    • Connecta Mobile Ownership. Unless you have purchased your Products or Connecta Mobile has designated the Product as Retired, you acknowledge and agree that at all times ownership of Product shall remain with Connecta Mobile and that this Agreement allows you to use Product only in connection with your lawful receipt and use of the Services. You are responsible for any Product owned by Connecta Mobile which is lost, damaged by fire, water, theft or events of Force Majeure. Unless provided otherwise in the Purchase Order, Connecta Mobile is not responsible for the installation, operation, quality of transmission, or maintenance of Products that are not owned by Connecta Mobile.
    • Reconditioned Product. Connecta Mobile may, at its option, supply new or reconditioned Product. You also agree that Product will not be serviced by anyone other than Connecta Mobile’s employees or designated agents or representatives. You further agree not to tamper with or otherwise harm the Product, and that you will not copy, modify, reverse compile or reverse engineer, decompile, disassemble, create nor attempt to create any Products or other devices, or software or firmware provided by Connecta Mobile in connection with the Services.
    • Software Updates. Connecta Mobile will from time to time push Software updates to Product. Software updates may include mobile applications.
    • Retired Product. Connecta Mobile may provide limited or no support for Retired Product. If you continue to use the Product after Connecta, its partners, affiliates, licensors, or suppliers designates it as Retired, you may not receive software-based Product feature and security updates, which may impair the delivery of services.
    • No Right to License Product. This agreement does not provide for or include any right for the Customer to use the Product in any manner that would cause the Product to become subject to any license terms for software that, as a condition of use, copying, modification or distribution, require such software and/or derivative works thereof to be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be distributed free of charge, including, without limitation, software distributed under the GPL (GNU General Public License) or LGPL (GNU Lesser General Public License).
    • Open Source Software. Some portions of the Product may include open source software. Such portions are typically marked in the source code, in the documentation and/or as part of the installation. The said portions are delivered and licensed solely in accordance with and ruled by the relevant terms and conditions of the open source licenses and nothing in this agreement will be deemed to be a variation or amendment or waiver to the terms and conditions of those licenses. In case of a conflict between such terms and conditions and this agreement, the terms and conditions of the open source licenses shall prevail.
    • The Products are licensed only with “restricted rights” and as “commercial items” consisting of “commercial software” and “commercial software documentation” and with only those rights as are granted to all other Customers pursuant to the terms and conditions herein. Nothing in this Agreement requires Connecta Mobile or its licensors and suppliers to produce or furnish technical data for or to any Customer.
  4. Product Return Policy. Product may be returned to Connecta Mobile as set forth in this section 8. This Product Return Policy does not limit or supersede existing manufacturers’ warranties.
    • Return of Defective Product. Within 30 days of Product purchase or activation, whichever is earlier, you must contact us to return any defective Product. If you return a Product, Connecta Mobile may replace it with a new or refurbished item, or may refund payment for the purchased Product. Connecta’s sole obligation to you under this Return Policy shall be to replace or repair any qualifying Product. Subject to the limitations set forth in this Return Policy and otherwise set forth herein, the returning of defective Product or requests for repair or replacement Product will not apply in the following circumstances:
      • The Product is sent or used outside of the Connecta Mobile network.
      • The Product is not connected to the Connecta Mobile network, so that remote diagnostics can be attempted.
      • Except for reconditioned products provided directly from Connecta Mobile, if you are not the original owner of the Product and the Product has either not yet been paid for in full or has been reported as stolen to Connecta Mobile by the original owner or a subsequent owner.
      • You are more than sixty (60) days past due on any of your payment obligations in connection with any Connecta Mobile service.
      • Where you alter, repair, or improperly handle the Product.
      • There is damage or other Product failure where you do not maintain the Product according to the owner’s manual; or you improperly store, ventilate, connect, or reconfigure, or place the Product. (Product must be placed in an area that complies with the manufacturers published space, electrical grounding, or environmental requirements).
      • Product is abused, vandalized, stolen, damaged by fire, water, wind, freezing, power failure, inadequate power supply, unusual atmospheric conditions, acts of war, acts of God or other Force Majeure events.
      • You use the Product in a manner inconsistent with its design, the owner’s manual, if any, or the way the manufacturer intended the Product to be used.
      • The Product has cosmetic damage such as, but not limited to, scratches, dents, rust, or stains.
      • The Product is Retired subject to Section 8(d).
      • The Product runs any software not provided by Connecta Mobile or its immediate partners, including but not limited to, application programs, network programs, upgrades, formatting of any kind, databases, files, drivers, source code, object code or proprietary data, or any support, configuration, installation or reinstallation of any software or data.
  1. Authorized Use Policy.
    • Permissible and Prohibited Uses. Your data plan as specified in the Purchase Order (“Data Plan”) is intended for Web browsing, messaging, and similar activities on your device and not on any other equipment. Unless explicitly permitted by your Data Plan, other uses, including for example, tethering your device to a personal computer or other hardware, are not permitted. Examples of prohibited uses include but are not limited to: (a) server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients, “bots” or similar routines that could disrupt net user groups or email use by others or other applications that denigrate network capacity or functionality; (b) as a substitute or backup for private lines or dedicated data connections; (c) any activity that adversely affects the ability of other users or systems to use either Underlying Carrier’s services or the network-based resources of others, including the generation or dissemination of viruses, malware or “denial of service” attacks; (d) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Underlying Carrier’s or another entity’s network or systems; or (e) running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions. For example, you cannot use a Data Plan for Web broadcasting, or for the operation of servers, telemetry devices or supervisory control and data acquisition devices; or (f) results in unusually or unreasonably high usage in any period consistent with abuse and/or fraud.
    • Protective Measures. To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, Connecta Mobile may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth; if your total usage exceeds 20 GB (amount is subject to change) during a Billing Cycle, Connecta Mobile may reduce your data speed for the remainder of that Billing Cycle. Connecta Mobile may also suspend, terminate, or restrict your data session, plan, or service if you use your Data Plan in a manner that interferes with other customers’ service, our ability to allocate network capacity among customers, or that otherwise may degrade service quality for other customers.
    • Downloadable Content and Applications. You can purchase content and applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (“Content & Apps”) for and with your compatible device. Third party sellers of Content & Apps, including but not limited to Underlying Carriers, may impose additional charges; and any information you provide to third parties is governed by their policies or terms. Any support questions related to these Content & Apps should be directed to the third-party seller. When you use, download or install Content & Apps sold by a third-party seller, you may be subject to license terms between you and the third party seller and application developer or content owner. When you use, download, or install Content & Apps that you purchase from third parties, the Content & Apps are licensed to you by such third parties and may be subject to additional license terms between you and the creator or owner of the Content & Apps. Whether purchased from Underlying Carrier or a third-party seller, any Content & Apps you purchase are licensed for personal, lawful, non-commercial use on your device only. You may not transfer, copy, or reverse engineer any of the Content & Apps, or alter, disable or circumvent any digital rights management security features embedded in the Content & Apps.
    • CONNECTA MOBILE IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION, APPLICATIONS, SERVICES, OR OTHER CONTENT AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OTHER INFORMATION, SERVICES, OR GOODS PROVIDED BY THIRD PARTIES. You agree that your use of third party information, applications, services, content, or products is at your own risk. Some Services give you the ability to access, view, listen to, interact with, record, and/or store third party audio and visual content (“Third Party Content”). Connecta Mobile does not guarantee the access to or availability of any particular Third Party Content, or the length of time any particular Third Party Content may remain available. You also understand that Third Party Content is the copyrighted material of the third party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcast, rewritten, or redistributed without the written permission of the third party that supplied it, except to the extent allowed under the “fair use” provisions of the U.S. copyright laws or comparable provisions of foreign laws. You agree that Connecta Mobile will have no liability to you, or to anyone else who uses your Products or Services, with regard to any Third Party Content. Connecta Mobile reserves the right in its sole discretion to restrict or deny access to any Third Party Content or other third party information, application, services, or products
    • Misuse of Products or Services. Customer agrees not to misuse the Products or Services or any device, including: (a) reselling or rebilling our Products or Services (except as expressly authorized by Underlying Carrier); (b) using the Products or Services or device to engage in unlawful activity, or engaging in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service; (c) tampering with or modifying your device; (d) “spamming” or engaging in other abusive or unsolicited communications; (e) reselling Underlying Carrier devices for profit, or tampering with, reprogramming or altering a Product for the purpose of reselling the Product; (f) selling, renting, leasing, assigning, distributing, copying, modifying or hosting any part of our Products or Services; (g) adapting, merging, making derivative works of, disassembling, decompiling, reverse compiling, attempting to discover the source code or reverse engineering any part of the Products or Services; or (h) assisting or facilitating anyone else in any of the above activities. You agree that you won’t install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a transmitted Radio Frequency (“RF”) signal.
    • Misconduct. Connecta Mobile reserves the right to modify, suspend, or discontinue any feature or function of the Products or Services or to terminate Services altogether in the event that Customer uses or allows the use of Products or Services for any misconduct, which may include: (i) any conduct that involves the use of abusive, threatening, or unreasonable conduct toward any of our employees or representatives, whether in person, over the phone, or in writing; (ii) any abusive, fraudulent, or unlawful use of any Services; (iii) providing us with false or misleading information about you, including inaccurate information related to your creditworthiness; (iv) any use of Services in a manner that negatively affects Connecta Mobile or its affiliates networks, customers, or operations, and (v) any use of Products or Services in a manner that that infringes anyone’s intellectual property rights, violates others’ privacy, generates spam or abusive messaging or calling, or results in the publication of threatening, offensive, or illegal materials.
  2. Customer’s Acts or Omissions. If Connecta Mobile’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer or its agents, subcontractors, consultants, or employees, Connecta Mobile shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.
  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, Connecta Mobile 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 a dispute of this nature. Along with potential incorrect use (i.e., next to a building/obstruction), the Customer is also responsible for any voice or data transmission at optimum speed, whether intended or not. The Customer has been made aware of potential 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. Connecta Mobile can provide data setup and technical support beyond the normal provided setup instructions.
    • Payment Obligations. Customer is solely responsible for the payment of all fees, charges and other amounts set forth in the Purchase Order.
    • Schedule of Pricing. The prices to be paid for the Products and Services are set forth in the Purchase Order. Monthly billing will begin on the date the Purchase Order is executed. If Customer requests additional services not included within the scope of the Services set forth on the Purchase Order, and Connecta Mobile agrees in writing to provide such additional services, then such additional services will be provided at the rates set forth in ­­­­­­­­­the Purchase Order, or at such other rates as mutually agreed upon in writing between Connecta Mobile and Customer.
  5. Fees and Expenses; Payment Terms; Interest on Late Payments.
    • In consideration of the provision of the Services by Connecta Mobile and the rights granted to Customer under this Agreement, Customer shall pay the fees set forth in the Purchase Order.
    • Customer shall pay all invoiced amounts due to Connecta Mobile on the billing date set forth in the Purchase Order.
    • Connecta Mobile will suspend performance of all Services until payment has been made in full.
    • A late charge of the lesser of 1.5% 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 Connecta Mobile all costs including, without limitation, reasonable attorney fees, the fees of any collection agency, and any other costs incurred by Connecta Mobile in exercising any of its rights under the Agreement. Should Customer’s service be suspended for non-payment, Connecta Mobile may charge a re-activation fee of $250.00 per mobile device. Connecta Mobile charges a fee of $35.00 for returned checks.
  6. Taxes. Customer shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Customer hereunder.
  7. Credit and Deposits. Connecta Mobile Products and Services are provided subject to credit approval by Connecta Mobile. Connecta Mobile requires the establishment of credit or the ability to pay invoices according to the established terms. By requesting or using our Products or Services, you are giving us permission to obtain your credit information from consumer credit reporting agencies at any time and for any reason. We also may share information about your credit with Connecta Mobile affiliates, assignees, successors and service providers at any time and for any reason. We may refuse to provide Services or require an advance payment, a nonrefundable payment, a deposit, or other form of credit requirement if we determine that you may be a credit risk due to (i) your credit rating; (ii) insufficient credit history; or (iii) previous late payments, suspension, disconnection or restoral of service. 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; and deposits will be refunded at Service or contract termination and after all amounts owed to Connecta Mobile have been paid.
  8. Returns and Refunds. A 20% restocking charge plus actual freight charges incurred will be applied to any shipments that are refused or not accepted for any reason, provided, however, that any shipment may be refused where the shipment is faulty or damaged as a result of negligence by Connecta. There will be a 20% restocking charge on all returned Products and Accessories unless such charge is waived in writing in advance of such return or where the shipment is returned as a result of the negligence of Connecta Mobile. If you do not return your Products or Accessories or if you return your Products or Accessories in a damaged or altered condition, Connecta Mobile may take one or more of the following actions: (a) disable your device; (b) elect not to process your service cancellation; (c) charge you the cost to repair a damaged or altered item; or (d) charge you the suggested full retail price of a destroyed or altered item, or a non-returned item (which may be greater than the price you paid), plus any shipping and handling charges.
  9. Intellectual Property. All right, title and interest in the intellectual property rights, including, but not limited to, copyrights, patents, trademarks, trade secrets, whether registered or not, subsisting anywhere in the world in or relating to the Products or Services are retained by Connecta Mobile or its licensors, as applicable. Customer shall not alter, remove, conceal or modify any information indicating the owner of the intellectual property rights relating to the Software.
  10. Confidential Information.
    • All non-public, confidential or proprietary information of Connecta Mobile, including, but not limited to, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing (collectively, “Confidential Information”), disclosed by Connecta Mobile to Customer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with the provision of the Services and this Agreement is confidential, and shall not be disclosed or copied by Customer without the prior written consent of Connecta Mobile. Confidential Information does not include information that is:
      • in the public domain;
      • known to Customer at the time of disclosure; or
      • rightfully obtained by Customer on a non-confidential basis from a third party.
    • Customer agrees to use Confidential Information only to make use of the Services.
    • Connecta Mobile shall be entitled to injunctive relief for any violation of this Section.
  11. Representation and Warranty.
    • Services are provided on an “as is” and “with all faults” basis and without any warranties. Connecta Mobile makes no representations or warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, including security or authentication purposes, concerning your Services. Connecta Mobile does not guarantee security. Customer accepts responsibility if you use your Services as a means of security or authentication for other accounts. Furthermore, Connecta Mobile makes no representations as to uninterrupted or error-free Services. Connecta Mobile does not guarantee that your communications will be private or secure; it is illegal for unauthorized people to intercept your communications, but such interceptions can occur.
    • Connecta Mobile may, in its sole discretion, either repair or re-perform such Services (or a defective Product); or credit or refund the price of such Products or Services at the pro rata contract rate.
    • THE REMEDIES SET FORTH IN SECTION 20(b) SHALL BE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND CONNECTA MOBILE’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 20(a).
  12. Disclaimer of Warranties. CONNECTA MOBILE MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. CONNECTA MOBILE DOES NOT WARRANT THAT YOUR PRODUCT WILL WORK PERFECTLY, WILL NOT NEED OCCASIONAL UPGRADES OR MODIFICATIONS, OR THAT IT WILL NOT BE NEGATIVELY AFFECTED BY NETWORK-RELATED MODIFICATIONS, UPGRADES, OR SIMILAR ACTIVITY.
  13. Limitation of Liability.
    • IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, REVENUE, BUSINESS OPPORTUNITY, PROFITS, PROSPECTIVE PROFITS, LOSS OF DATA OR VALUE WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, NONPERFORMANCE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE THIS AGREEMENT, THE SERVICES, THE CONDUCT OF BUSINESS OR TRANSACTIONS CONTEMPLATED HEREIN EVEN IF SUCH DAMAGES WERE FORESEEABLE OR RESULTED FROM A BREACH OF THIS AGREEMENT. IN ADDITION, EACH PARTY’S AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES IN AN AMOUNT EQUAL TO TWO (2) TIMES THE AMOUNT PAID BY CUSTOMER TO CONNECTA MOBILE IN THE PREVIOUS THREE (3) MONTHS FOR THE SERVICES GIVING RISE TO THE EVENT OF LIABILITY.  THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS ON LIABILITY SET OUT IN THIS CLAUSE HAVE BEEN NEGOTIATED BETWEEN THE PARTIES AND ARE REGARDED BY THE PARTIES AS BEING REASONABLE IN ALL CIRCUMSTANCES. 
    • IN NO EVENT SHALL CONNECTA MOBILE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED TWO (2) TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE TO CONNECTA MOBILE PURSUANT TO THIS AGREEMENT.
  14. Indemnification. The Customer agrees to defend, indemnify, and hold harmless Connecta Mobile and its partners, affiliates, licensors, or suppliers from and against all liabilities, costs and expenses, including reasonable attorneys’ and experts’ fees, related to or arising from your use of the Product and Services, the Product, and any other devices used in connection with the Services (or the use of the Services or any such Product or other devices by anyone else), (i) in violation of applicable laws, regulations or this Agreement including, without limitation, infringement of copyrights or other proprietary rights; or (ii) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property.
  15. Notices. All other notices or communication under this Agreement (“Notices”) shall be in writing and shall be sent by email and by (i) overnight commercial courier; or (ii) certified mail, return receipt requested, to Connecta Satellite Solutions, LLC, d/b/a Connecta Mobile at 4802 Lena Rd, Unit 103 Bradenton, FL 34211. Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
  16. Waiver. No waiver by Connecta Mobile of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Connecta. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. Connecta Mobile’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such terms in the future.
  17. Force Majeure. Connecta Mobile shall not be liable or responsible to Customer, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond Connecta’s reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other events beyond the reasonable control of Connecta Mobile. Connecta Mobile will not provide notice of a Force Majeure Event.
  18. Assignment. Customer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Connecta Mobile. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of its obligations under this Agreement.
  19. Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
  20. No Third-Party Beneficiaries. This Agreement is for the benefit of the parties hereto, any Authorized Users, any Underlying Carriers, and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
  21. Governing Law. Except as otherwise required by law, Customer and Connecta Mobile agree that the Federal Arbitration Act and the substantive laws of the state and local area in which your Premises is located (the “Service Jurisdiction”), without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or related in any way to the subject matter of this Agreement with the sole exception that the substantive law of Delaware law shall apply to adjudication of disputes related to checks tendered as payment in full for less than the full balance due. UNLESS CUSTOMER AND CONNECTA MOBILE AGREE OTHERWISE, YOU AND CONNECTA MOBILE CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN ARBITRATION OR SMALL CLAIMS COURT LOCATED IN THE SERVICE JURISDICTION FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OFTHIS AGREEMENT. Except as otherwise required by law, including the Service Jurisdiction laws relating to consumer transactions, any cause of action or claim you may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever waived.
  22. Submission to Jurisdiction. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the STATE OF DELAWARE in each case located in the CITY OF WILMINGTON and COUNTY OF KENT, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
  23. Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable in any jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
  24. Survival. Provisions of this Agreement, which by their nature would apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but not limited to, those relating to Confidential Information, Limitation of Liability and Indemnification, Authorized Use of any Products or Services, Dispute Resolution provisions, and Warranties.
  25. Notice of Changes to Agreement. From time to time, Connecta Mobile will make revisions to this Agreement and to the policies relating to the Services, including revisions to the provisions that govern the way that you and Connecta Mobile resolve disputes. Connecta Mobile may provide notice of such revisions in a digital or paper format. Revisions to the terms and conditions shall be effective on the date specified in the notice. You accept the revisions and agree to abide by them by continuing to use the Services. Connecta Mobile will provide you with at least thirty (30) days’ notice prior to the effective date of any increases to the monthly price of the Services.

CONNECTA MOBILE CUSTOMER AUTOMATIC PAYMENT AGREEMENT

This Connecta Mobile Customer Automatic Payment Agreement (“Agreement”) establishes the terms and conditions (“Terms”) under which you agree to make recurring payments to Connecta Satellite Solutions, LLC d/b/a Connecta Mobile (“Connecta Mobile, we, or us”). Connecta Mobile may update these Terms at any time, and changes become binding once posted to the Connecta Mobile website.
If you have elected to set up automatic recurring payments, you authorize Connecta Mobile to automatically debit your bank account/debit card or charge your credit card, on a recurring basis no earlier than 2 days before your statement due date until you terminate your authorization. You authorize Connecta Mobile to store your payment method for future payments by you and any verified users on the account. The amount of each monthly recurring payment will be the full monthly price reflected on your monthly statement for wireless service, plus any additional services, equipment, taxes, fees and other charges applicable. We will attempt to correct any billing errors before the next recurring payment, provided you notify Connecta Mobile at least four days before your monthly statement is due. Any changes made to your automatic recurring payment authorization two days or less before the payment due date will not take effect until the following payment cycle. After terminating your authorization, you will be responsible for scheduling payments for subsequent monthly charges. You also authorize Connecta Mobile to credit your bank account/card in the appropriate amount for any refunds or other billing adjustments.

CONNECTA MOBILE SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF AN ERRONEOUS STATEMENT, ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR FAILURE TO PROVIDE ACCURATE AND/OR VALID PAYMENT INFORMATION.