Terms and Conditions
BLUECOSMO TERMS AND CONDITIONS GOVERN THE PURCHASE OR RENTAL OF EQUIPMENT AND/OR SERVICES.
- AGREEMENT: Usage of equipment and/or services signifies acceptance of BlueCosmo Terms and Conditions.
- SERVICE: BlueCosmo shall provide Equipment and/or Services to the Customer upon acceptance of a Customer's subscription or rental order. All orders are subject to BlueCosmo's approval.
- SERVICE RULES: Service and Equipment may not be used for any unlawful, fraudulent or abusive purpose and must be used as required by all applicable laws. The Customer is prohibited from storing, distributing or transmitting any unlawful material through BlueCosmo's services.
- SERVICE AVAILABILITY: Services are available exclusively within the current operating range of our service provider's (the "Supplier") territory. Refer to www.BlueCosmo.com for details on territories where Services are available under the Customer's selected service plan (the "Service Plan").
- LIABILITY REGARDING SERVICE: BlueCosmo assumes no responsibility for any damage, loss of property, opportunity or earnings, personal injury, death or any other loss whatsoever resulting from the Customer's use of Services and Equipment, including, but not limited to, use of 911. This limitation applies to acts or omissions of BlueCosmo, it's Suppliers, Agents, Employees and all persons for whom it may be responsible. BlueCosmo does not guarantee the provision, quality and consistency of the Services as provided by our Carriers and is furthermore not responsible for any interruptions, delays, inconsistencies or failures of the network or security breaches regardless of the source of any such problem including, but notwithstanding, BlueCosmo's own fault or negligence.
- OPERATING PROCEDURES: Customers shall follow the procedures outlined in the instruction manual(s) supplied by BlueCosmo, as well as those instructions provided by the Suppliers of Services and Equipment to BlueCosmo. BlueCosmo shall bear no responsibility for failure of Customers to use the Services/ Equipment in accordance with the said instructions.
- SUPPORT: BlueCosmo will only provide technical support for our own products and services. BlueCosmo will not provide technical support for Third Party products or services that work in conjunction with our products and services.
- DELIVERY: BlueCosmo will use reasonable efforts to deliver the Equipment by the requested delivery time but it shall not incur any liability to the Customer in the event of any delay caused by Force Majeure or other circumstances beyond its control. The Customer will accept the Equipment when delivered on or before the delivery time and if for any reason the Customer fails to accept the Equipment when delivered on or before such date the Customer shall nevertheless be liable for the stated charge in full.
- CONDITIONS OF OTHER CONTRACTS: The obligations of BlueCosmo and the terms of services and sales under these Terms & Conditions are subject to the terms of the agreements under which BlueCosmo purchases the Services and Equipment from Suppliers (each an "Other Contract"). To the extent fulfillment of any obligations under these Terms & Conditions is not possible or permissible under an Other Contract, the Other Contract shall prevail and such obligation shall be suspended or modified to the extent required by the Other Contract.
- TERMINATION: BlueCosmo may terminate this Agreement at any time without notice if it suspects any violation of any term or condition of this Agreement, if payment has not been made. The Customer shall be responsible for all charges outstanding at the time of termination. BlueCosmo may also terminate Services in the event that another Contract for purchase of Service and/or Equipment expires or is terminated, provided that termination of the Services shall only be with respect to the Service provided pursuant to that Other Contract.
- CONFIDENTIALITY: Information provided by the Customer herein will not be publicized by BlueCosmo without the Customer's prior permission unless it is: 1) used in assessing credit performance or regarding collection of overdue payment; 2) supplied to the commissioning entity or Supplier provided that the information is to be used for the provision of Services and disclosure is made on a confidential basis, or; 3) provided to a law enforcement or investigative agency in connection with suspected unlawful activities or in the case that the Customer has provided false or misleading information to BlueCosmo. By placing an order with BlueCosmo you agree that BlueCosmo has permission to provide order information to other companies to fulfill your request for a product or service, such as a shipping company, credit card processing company, or service partner. (Without your consent, these companies do not have the right to use the personally identifiable information we provide to them beyond what is necessary to assist us.) For more details on how your personal information may be used, please refer to our privacy policy.
- RATES & PAYMENT:
- All charges will be in accordance with BlueCosmo's current rate schedule for the selected rate plan at the time of use. BlueCosmo reserves the right to modify and/or add rates and charges from time to time, including loyalty rewards, without prior notice to the Customer.
- The Customer is charged a pre-payment at the time their order is shipped which includes the first month's subscription charge, any hardware charges and applicable taxes. BlueCosmo bills monthly subscription fees in advance, therefore the Customer's first invoice will reflect charges for two months of service - the current month's subscription, plus the advance charge for the next month's subscription, as well as any hardware charges and applicable taxes. The pre-payment charged at the time of shipping will be deducted from the first invoice, reflecting a balance due of one month's service.
- All applicable taxes shall be added to the usage and rental/purchase price, unless the Customer provides an executed resale exemption certificate to establish exempt status as a reseller of Equipment and/or Services which meets and satisfies the requirements of the levying tax authority in question.
- Calls may be billed several months after they were made due to delays in receiving call records from partner networks.
- All credit card payments will be processed on or after the 5th day of every month. If the Customer has furnished a credit card number for the payment of charges under this Agreement, then the Customer represents that he or she is an authorized signer on the account of such credit card.
- For Customers with payment terms other than credit cards, a late payment charge of 1.5% interest per month, or 18% per year, is applicable against all overdue balances. BlueCosmo reserves the right to suspend or terminate your service for non-payment of your invoice, including unbilled usage.
- The Customer shall inform BlueCosmo of any disputes or disagreements with invoiced charges within 30 days of the date of invoice. Thereafter, the Customer shall be deemed to have waived its right to dispute charges. A copy of the invoice outlining all charges shall be mailed or made available online to the Customer. In addition, the Customer agrees to assume personal responsibility for all payments due in consideration of this Agreement.
- Should customers have concerns about their service performance, the customer must formally contact BlueCosmo Technical Support or Customer Care regarding the issue during their travels. In situations where the service is deemed not to have worked during travels, BlueCosmo will be unable to provide compensation, if BlueCosmo was not given the opportunity to troubleshoot and resolve issues during the service period.
- LOSS/THEFT/DAMAGE/FRAUD: The Customer must notify BlueCosmo immediately regarding lost, stolen, or damaged Equipment / SIM Card if the Customer suspects or should reasonably suspect that the Equipment / SIM Card is being used in an unlawful or fraudulent manner. The Customer is responsible for all charges incurred up until the time of said notification. BlueCosmo requires evidence of alleged loss or theft in the form of a police report. Upon said notification, or if BlueCosmo suspects any wrongdoing, BlueCosmo will terminate or suspend the Services. The Customer is prohibited from utilizing BlueCosmo's services to compromise the security of or tamper with BlueCosmo's system of resources or accounts on any of BlueCosmo's computers, routers, terminal servers, modems, or any other equipment at BlueCosmo or any other site. Use or distribution of tools designed for compromising security is prohibited. The Customer agrees to provide reasonable co-operation in any investigation of unlawful use of Services or Equipment. If Loss/Theft/Damage Protection is not purchased, the customer will be charged the full replacement value for any missing or damaged equipment.
- SIM CARDS: Information contained in any SIM card(s) (the "Card") furnished to the Customer in a rental order is the property of BlueCosmo. The Customer agrees not to interfere with the information contained in the Card and shall promptly return the Card to BlueCosmo upon termination of this Agreement. BlueCosmo permits the use of multiple Cards per phone in pooled corporate environments.
- CANCELLATION OF ORDERS: An administration fee may apply if an order is cancelled; any shipping charges incurred will be charged to the customer. There is no refund for prepaid cards. BlueCosmo is not responsible for recipient not being available to receive delivery, incorrect addresses, phone numbers, or insufficient delivery information placed on the initial order.
- WARRANTIES: Duration and scope of warranties on Equipment are limited to the manufacturer's warranty. Please refer to the Manufacturer's website or product manuals/packing for more information. BlueCosmo provides a warranty of 90 days on all refurbished satellite equipment. BlueCosmo provides a warranty of 30 days on equipment repairs performed by BlueCosmo. Equipment repairs performed by the original manufacturer are subject to the warranty terms of the manufacturer.
- ADDITIONAL POLICIES: A full copy of these terms and conditions can be obtained online at www.BlueCosmo.com or by contacting BlueCosmo Customer Care at 1.877.258.3496. BlueCosmo reserves the right to modify the BlueCosmo Terms and Conditions at any time. Notice of modifications to these Terms and Conditions may be given to Customer by posting such changes to the BlueCosmo website located at www.BlueCosmo.com, by electronic mail or by conventional mail.
