These terms govern the purchase or rental of equipment and/or services.
AGREEMENT: Usage of equipment and/or services signifies acceptance of these 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 BlueCosmo’s service provider's territory (the "Supplier"). Refer to BlueCosmo for details on territories where Services are available under the Customer's selected service plan (the "Service Plan").
LIABILITY REGARDING SERVICE: CUSTOMER ACKNOWLEDGES THAT USE OF THE SERVICE FOR EMERGENCY, MEDICAL OR OTHER USES INVOLVING THE POTENTIAL FOR PERSONAL INJURY, LOSS OF LIFE OR DAMAGE TO PROPERTY, IS AT CUSTOMER’S OWN RISK, AND THAT THE SERVICES AND/OR EQUIPMENT MAY NOT PERFORM AT THE MOMENT OR AS CUSTOMER DESIRES. BLUECOSMO SHALL HAVE NO LIABILITY 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/OR EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, USE OR ATTEMPTED USE OF 911 EMERGENCY SERVICES. THIS LIMITATION APPLIES TO ACTS OR OMISSIONS OF BLUECOSMO, ITS 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 ITS SUPPLIERS 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 NOT LIMITED TO, BLUECOSMO'S OWN FAULT OR NEGLIGENCE. BlueCosmo shall not be liable to Customer, nor shall Customer make any claim against BlueCosmo or its Suppliers, for injury, loss or damage sustained by reason of any unavailability, delay, faultiness or failure of the facilities, equipment and/or services to be provided by BlueCosmo pursuant to this Agreement.
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 in BlueCosmo’s sole discretion.
TERMINATION: BlueCosmo may terminate this Agreement at any time without notice if it suspects any violation of any term or condition of this Agreement, and/or if payment has not been made when required by BlueCosmo. The Customer shall be responsible for all charges outstanding at the time of termination. BlueCosmo may also terminate Services in the event that an Other Contract expires or is terminated, provided that termination of the Services shall only be with respect to the Service provided pursuant to that Other Contract.
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 minimum term commitments, 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, prorated charges (if applicable), any hardware charges and applicable taxes. BlueCosmo bills monthly subscription fees in advance. The pre-payment charged at the time of shipping will be deducted from the first invoice.
All applicable governmental taxes and surcharges 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.
BlueCosmo will provide Customer with monthly invoices (which may be delivered to Customer’s email address or posted online for Customer’s review) reflecting monthly recurring charges billed in advance and usage charges billed in arrears. Calls may be billed several months after they were made due to delays in receiving call records from partner networks.
All amounts on invoices not otherwise automatically and successfully paid by credit card, as provided herein, are due 30 days after the date of the invoice, after which time the invoice shall be considered past due.
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 customer’s service for non-payment of an 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. In addition, the Customer agrees to assume personal responsibility for all payments due in consideration of this Agreement.
Should Customer have concerns about 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.
HIGH USAGE: BlueCosmo reserves the right to monitor services for patterns of high usage. High usage is determined solely by BlueCosmo and its network partners. Accounts generating high service usage will be flagged in the system and BlueCosmo will contact the account holder to confirm that the usage is legitimate. In the event that BlueCosmo is unable to reach the account holder, BlueCosmo reserves the right to suspend the service until the usage can be confirmed. In addition to suspending services, BlueCosmo reserves the right to collect an interim payment for unbilled usage prior to invoicing. The interim payment will be used as a deposit for the unbilled usage and will be applied to the next invoice. The size of the interim payment will be determined by BlueCosmo, and the account holder will be notified by BlueCosmo prior to the charge being placed. If BlueCosmo is unable to bill the interim payment, BlueCosmo will suspend the service until payment can be made.
LOSS/THEFT/DAMAGE/FRAUD: The Customer must notify BlueCosmo immediately regarding lost, stolen, or damaged Equipment / SIM Card / IMEI if the Customer suspects or should reasonably suspect that the Equipment / SIM Card / IMEI 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.
ABANDONED PROPERTY: Any device or item sent to BlueCosmo Satellite Communication is considered abandoned and may be disposed of by BlueCosmo if the Customer does not respond to a repair estimate, buyback offer, return request or payment invoice within 180 days. This applies to items sent in for repair or returned with a rental phone.
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. All subscription cancellation requests must be sent in writing to customercare@BlueCosmo.com. Month-to-month subscriptions that are cancelled are charged until the end of the bill cycle. Subscriptions with a minimum term that are cancelled are charged until the end of the minimum term.
WARRANTIES: Duration and scope of included warranties on Equipment are limited to the manufacturer's warranty unless additional coverage plans are purchased. Please refer to the Manufacturer's warranty documents for details. BlueCosmo provides no warranties with respect to Services.
If and to the extent that Customer requires the use of licensed software in order to use the Services or Equipment (“Licensed Software”), Customer is hereby granted a non-exclusive license to use such Licensed Software on the terms of this Subsection 17, solely to the extent required to use the Services and/or Equipment.
Customer will not have the right, without the prior written consent of BlueCosmo, which consent may be withheld for any reason and which may be subject to terms and conditions to be negotiated between the parties, to assign and/or transfer any license granted under this subsection.
Each item of Licensed Software, including its component parts and user interface and associated documentation contains copyrighted material, trade secrets and other proprietary material of BlueCosmo or BlueCosmo’s subcontractors or licensors and may be protected by one or more patents or copyrights. Title to any Licensed Software, including its component parts and user interface and all associated documentation and patents, copyrights and all other property rights thereto will at all times remain solely and exclusively with BlueCosmo or its licensors, and Customer will not take any action inconsistent with such title.
All rights in any Licensed Software not expressly granted to Customer in this Agreement are reserved by BlueCosmo. Customer is granted no title or ownership rights to such Software or to any copyright associated therewith, and Customer will not sell, transfer, rent, copy (other than for archival or backup purposes), reverse engineer, reverse compile, or grant any rights in such Licensed Software without BlueCosmo's prior written consent. Customer will protect any Licensed Software licensed hereunder in a manner consistent with the maintenance of BlueCosmo's ownership and proprietary rights therein, including displaying of any copyright marks incorporated by BlueCosmo.
Customer may make a copy of any Licensed Software solely for use as permitted herein or for backup or archival purposes. Customer will include on each copy that it makes all notices and legends in the Licensed Software and affixed to its medium, documentation and container as received from BlueCosmo. All copies of any Licensed Software, whether provided by BlueCosmo or made by Customer, will remain the property of BlueCosmo or its licensors. Customer will maintain a record of the number and location of all copies of Licensed Software that it makes, including Licensed Software that it has merged with other software, and will make those records available to BlueCosmo upon request.
CHANGES / MODIFICATIONS: A current copy of these terms and conditions can be obtained online at the BlueCosmo website or by contacting BlueCosmo Customer Care at 1.888.622.7368. BlueCosmo reserves the right to modify the BlueCosmo Terms and Conditions at any time. Notice of modifications to these BlueCosmo Terms and Conditions may be given to Customer by posting such changes to the BlueCosmo website, by electronic mail or by conventional mail. Continued use of the Equipment and/or Services shall be deemed acceptance of modifications to these BlueCosmo Terms and Conditions by Customer.
NOTICES: Any notice which either party may desire to give the other party must be in writing and may be given by (i) personal delivery to an officer of the party, (ii) by mailing the same by registered or certified mail, postage prepaid, return receipt requested, at the address of such party as set forth in the main body of the Agreement, or such other address as the parties may hereinafter designate, or (iii) by internationally recognized courier service to the address of such party as set forth in the main body of this Agreement.
EXPORT REGULATIONS: Customer agrees to conform with, and abide by, the export laws and regulations of the United States, including but not limited to, the Export Administration Act of 1979 as amended and its implementing regulations.
COUNTERPARTS: This Agreement and any amendment hereto or any other document delivered pursuant hereto may be executed and delivered by facsimile, in one or more counterparts, and by different parties in separate counterparts. All of such counterparts shall constitute one and the same agreement (or other document) and shall become effective (unless otherwise provided therein) when one or more counterparts have been signed by each party and delivered to the other party.
ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective representatives, successors and permitted assigns. This Agreement shall not be assignable by Customer without the express written consent of BlueCosmo, which consent shall not be unreasonably withheld. Any attempted assignment in violation of this provision will be void.
FORCE MAJEURE. Neither party will be liable for delays or any failure to perform under this Agreement due to causes that are not within the reasonable control of such party.
ENTIRETY: This Agreement, together with the main body of this Agreement, if any, in which these terms are referenced and incorporated, constitutes the entire agreement between the parties and supersedes any and all previous proposals, representations or statements, oral or written. In the event of conflict between the terms and provisions of any exhibit or ancillary document, and the main body of this Agreement, the terms and conditions of the main body of this Agreement will prevail.
SEVERABILITY: If any provision of this Agreement or the application thereof, is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this Agreement shall remain in full force and effect.
WAIVER: The waiver by either party of any right under this Agreement or of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other right under this Agreement or of any other breach or failure whether of a similar nature or otherwise.
HEADINGS: The captions and headings appearing in this Agreement are for reference only and shall not be considered in construing this Agreement.
DRAFTING: This Agreement and its provisions shall not be construed or interpreted for or against any party hereto because that party drafted or caused its legal representative to draft any of its provisions.
THIRD PARTIES: Nothing in this Agreement, express or implied, is intended to confer or shall confer upon any persons other than the parties hereto any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.
SURVIVAL: The rights and obligations of the parties under the provisions of this Agreement which by their context, intent and meaning would reasonably be expected to survive the termination or expiration of this Agreement, or any part thereof, shall so survive.
ENGLISH LANGUAGE: The parties agree that this Agreement and all related documents be drafted and construed in English; les parties ont exigé que cet acte, ainsi que tous les documents s'y rapportant, soient rédigés en anglais.