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Terms and Conditions

GIT SATELLITE TERMS AND CONDITIONS

This agreement is subject to the following terms and conditions

1. DEFINITIONS. As used throughout this document, the following terms have the meaning set forth herein: GIT Satellite LLC. shall mean "GIT" as Seller, and GIT shall mean GIT Satellite LLC. as Reseller of wireless service (“Service). “Customer” shall mean the person or company purchasing GIT Product(s) using this order form, which will become a contract [the “Agreement”] when GIT accepts Customer’s offer by activating Service.  “Product(s)” or “Equipment” collectively shall mean wireless products including, but not limited to, phones, pagers, satellite transceivers and accessories.

2. ACCEPTANCE: NO SALES TO MINORS; RESALE OF SERVICE PROHIBITED. a) GIT will not accept any offer from a person under legal age. b) Service is available for Customer’s own use; resale of Service purchased hereunder is prohibited. c) The parties agree that Customer’s order is an offer to purchase Service or Product(s) identified on page 1 hereof, at the price(s) listed in the current GIT Products portfolio and subject to the terms and conditions stated herein, which shall become a binding contract when accepted by GIT. Customer agrees that these terms and conditions may not be altered, supplemented, or amended by the use of any other document(s), and any such attempt will be null and void. GIT will indicate acceptance of Customer’s order by shipping the selected Product(s). Customer’s purchase order may indicate a PO number for billing reference selected rate plan and selected additional features. The banking negotiation or other use of any payment shall not constitute an acceptance by GIT. d) GIT makes no representations, certifications, or warranties whatsoever with respect to the ability of its Service, Product(s) or prices to satisfy any statutes or regulations. e) No GIT Service value-added benefits apply if Product is purchased without associated GIT line of Service.

3. USE OF SERVICE & PRIVACY. Service shall not be used for any purpose that violates the law, or in any ABUSIVE or fraudulent manner. Complete privacy of conversations while using Service is not guaranteed. Except as required by demand of lawful authority, or as authorized in writing by the Customer on record, GIT will not release any Customer confidential information, including call detail, to anyone other than such Customer. Due to privacy laws, call detail records may be sent to Customer via overnight courier, email, or mailed only, and may not be faxed.

4. UNDERTAKING OF GIT. GIT, as a reseller of the Service of an underlying carrier, undertakes to provide Customer with the use of the telephone access number on the terms and conditions set forth herein and any applicable GIT tariff filed with a State Public Utility Commission (PUC) and other regulatory authorities. The underlying carrier solely and exclusively provides Service. Provision of Service may be affected by the terms and conditions set forth in GIT’s agreement with the underlying carrier (“Carrier Agreement”), the tariff of the underlying carrier, and the laws, rules and regulations of the Federal Communications Commission (‘FCC”), PUC’s and other authorities having jurisdiction. Such Carrier Agreement, tariffs, laws, rules and regulations may supersede the terms of this Agreement or preclude performance by GIT of these terms.

5. TELEPHONE ACCESS NUMBERS. Customer has no property rights in the telephone access number, which may be reassigned or changed by GIT as reasonably necessary in the conduct of its business. Only one phone may be operated in conjunction with Customers access number.

6. AVAILABILITY OF SERVICE. Service is available to subscriber units equipped for Service when within the range of satellites. Such Service is subject to limitations and interruptions as set forth in the Carrier Agreement and carrier tariff if any, including, but not limited to, relocation of equipment by the underlying carrier end capacity or transmission limitations caused by atmospheric and like conditions.

7. PAYMENT OF CHARGES. SERVICE. a) Customer is responsible for payment of all charges for Service rendered, including but not limited to, calls originated from or received by Customer’s access number, activation, access, airtime, message units, tolls, landline, interconnects, optional features, early termination fees, and applicable taxes and surcharges of any kind due to any governmental agency having jurisdiction, foreign or domestic (including Foreign, Federal, State, County, or Municipal). b) Access and fixed monthly charges will be billed in advance. Usage sensitive charges will be billed in arrears. c) Payment is due 14 days after invoice date. Late payment may result in temporary or permanent disconnection of Service and a late payment charge equal to the lesser of 1.5% per month or the maximum rate permitted under applicable law. d) In the event the phone or pager is lost or stolen, Customer is liable for all usage and or messages unit charges originating from and received by Customer’s access number until such time as the loss or theft is reported to GIT and Service is terminated. Customer is responsible to provide GIT with a police report in the event of theft. Monthly charges continue until Service is terminated. e) When payment for Service is made by check, draft or similar negotiable instrument, a charge of $40.00 will be made for each item returned unpaid for any reason. f) Monthly recurring charges for partial months will be prorated based on the actual number of days Service is provided (with every month being considered to have 30 days for this purpose). g) A schedule of charges is available from GIT at 888-GIT-8815. Charges, as referenced in Section 4, are subject to change by GIT effective upon 30 days written notice to Customer. Customer may request, by telephone, email or in writing, changes in rate plan or features under the Agreement. Conversion to or between contract rate plans requires a signed Addendum modifying the Agreement. h) A pro rata credit adjustment of the fixed monthly charges will be made, at Customer’s request, for any continuous Service interruption in excess of 24 hours. EQUIPMENT. i) Customer may make payment in full by wire transfer at time of order, or provide a valid credit card number on American Express, MasterCard, or Visa. Customer’s credit card will be billed when Product(s) ship. Payment will be deemed made when received by GIT. j) Payment of all applicable local, city, or state taxes are the Customer’s responsibility and such taxes will be included on the invoice for Customer’s order. k) GIT retains a security interest in the Product(s) until Customer makes payment in full and Product is shipped.

8. EQUIPMENT. a) GIT and any supplier of Service are not responsible under this Agreement for the installation, operation, quality of transmission, or maintenance of Customer’s equipment. b) Customer must provide and maintain the equipment, ensure that it is technically and operationally compatible, shall not interfere with the Service of others, and be in compliance with applicable FCC, State or any other governmental authority laws, rules and regulations.

9. PACKAGING; SHIPPING. GIT will pack and ship all Product(s) in accordance with good commercial practices.  Customer shall pay shipping and handling charges at the amount invoiced.

10. TITLE; DELIVERY: RISK OF LOSS. a) Title to Product(s) and risk of loss passes to Customer upon delivery. B) Delivery dates are best estimates only. GIT reserves the right to make partial shipments. C) Claims for lost or damaged shipment shall be deemed waived unless presented to GIT in writing within thirty (30) days of shipment/delivery.

11. FINANCIAL INFORMATION, DEPOSITS, PERSONAL GUARANTY & DEFAULT. a) Customer understands and agrees that any and all of the information requested on the front of this Agreement may be used to establish Customer’s account for Service, and Customer shall furnish GIT such accurate financial information as GIT may reasonably request from time to time for the purpose of assessing Customer’s continuing creditworthiness. Customer authorizes any consumer-reporting agency to compile and furnish GIT with credit information requested by GIT. In the event GIT does not deem any Company credit information sufficient to establish service with GIT, the credit information of individual will be reviewed. If in such an event, GIT provides Service based on individual’s credit information, GIT will notify both parties. Individual will be responsible for payment regardless of the address to which bills are sent. b) GIT may require Customer to make a suitable deposit as security for payment. The amount and form of deposit and any adjustments hereto, will be determined by GIT, and may include: cash payment; letter of credit; guaranty agreement by an entity, person or persons other than Customer and acceptable to GIT; or other such instrument or security as deemed necessary. Payment of a deposit does not relieve Customer from its obligation for prompt payment of bills on presentation and does not constitute waiver or modification of GIT’s right to discontinue service for nonpayment. Upon termination of Service, any cash deposit, will be credited to Customer’s final bill and any credit balance refunded. c) Customer authorizes GIT to charge all applicable Service charges, as listed in Section 4 above, to Customer’s credit card account indicated on the front of this Agreement, including any and all unpaid sums accrued to the date of termination in the event of Customer default for non-payment.  In the event the credit card company for any reason does not accept the charge, the Customer remains fully responsible for the payment of all amounts owed.

12. A DISCONNECTION FOR CAUSE. If payment by Customer of any sum due to GIT is not made on time, or if Customer is in anyway in violation of or in default under this Agreement, the Carrier Agreement, applicable tariff filed with a PUC or any governing laws, rules and regulations of any governmental authorities, GIT, per Section 13 or in the case of suspected fraud, and without incurring any liability to Customer, has the right to immediately request the carrier to either temporarily disconnect or terminate any or all service to Customer and terminate this Agreement, as well as Service provided under any other agreement between Customer and GIT. In certain circumstances including, but not limited to suspected fraud, GIT and Carrier may suspend or terminate any Service without notice to Customer. GIT also has the right to exercise any other remedy existing at law or in equity. Customer will be charged for any Service reactivation.

13. TERMINATION BY CUSTOMER OR GIT. SERVICE a) Customer may at any time with or without cause terminate this Agreement and Service by written notice to GIT. b) GIT may, without incurring any liability to Customer, terminate this Agreement and Service if the underlying carrier terminates Service to GIT. c) GIT, in addition to its rights under Sections 11 and 12 may at anytime, with or without cause, by written notice to Customer, without incurring any liability to Customer, terminate this Agreement and Service. Service disconnection for non-payment will not occur for at least ten (10) days after notice to Customer. d) Termination by Customer or GIT will not relieve Customer’s responsibility for payment of all outstanding charges. In the event of termination of the Agreement, subject to any governmental regulation, GIT may request that the underlying carrier not release Customer’s equipment identification number until all outstanding charges have been paid. EQUIPMENT e) Any Product order may be terminated in writing if received by GIT prior to shipment. b) Damaged Product(s) must be returned pursuant to the Limited Warranty Instructions.

14. MINIMUM COMMITMENTS AND TERMINATION FEES. The Initial Required Minimum Commitment Period ["IRMCP"] for month-to-month rate plans is rate plan specific and the GIT termination fee applies to any early termination during the IRMCP. b) The IRMCP and early termination fees for Contract Rate Plans are designated by each Contract Rate Plan available and apply on early termination during the IRMCP. No termination fees apply upon Customer conversion to a new GIT Contract Rate Plan, however. A new IRMCP begins and termination charges applicable to the new Contract Rate Plan will apply if cancelled within the new IRMCP. c) Upon completion of the IRMCP, Customer shall continue on the same rate plan on a month-to-month basis until termination of Service or rate plan change.

15. LIMITATION OF LIABILITY. Because GIT has no control over the Service furnished, Customer expressly understands and agrees that the liability and obligations of GIT to Customer under this Agreement for Service are strictly controlled and limited by the Carrier Agreement and by the underlying carriers tariff, if any, and the laws rules and regulations of the FCC and other governmental authorities which may from time to time have jurisdiction. IN ANY EVENT REGARDLESS OF THE FORM OF ACTION WHETHER FOR BREACH OF CONTRACT, WARRANTY, WILLFUL MISCONDUCT, STRICT LIABILITY IN TORT OR OTHERWISE, CUSTOMER’S EXCLUSIVE REMEDY AND THE TOTAL LIABILITY OF GIT AND/OR ANY SUPPLIER OF SERVICES TO GIT ARISING OUT OF OR IN ANY WAY CONNECTED, DIRECTLY OR INDIRECTLY, WITH THIS AGREEMENT, FOR ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED HEREUNDER SHALL BE LIMITED TO A CREDIT ALLOWANCE FROM GIT IN AN AMOUNT EOUIVALENT TO A PRO RATA ADJUSTMENT OF THE FIXED MONTHLY CHARGES FOR SERVICE PAYABLE BY CUSTOMER UNDER THIS AGREEMENT FOR THE PERIOD DURING WHICH SUCH DAMAGES OCCUR. IN THE EVENT OF LATE DELIVERY, NON-DELIVERY, OR DAMAGE OF PRODUCT(S), STRICT LIABILITY, IN TORT OR OTHERWISE, IS LIMITED TO THE PRICE OF THE PARTICULAR PRODUCT(S) SOLD WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED.  CUSTOMER’S SOLE REMEDY IS TO REQUEST GIT, AT GIT’S OPTION, TO EITHER REFUND THE PURCHASE PRICE, OR  REPAIR OR REPLACE ANY PRODUCT THAT IS NOT AS WARRANTED. IN NO EVENT SHALL GIT AND/OR ANY SUPPLIER OF SERVICES TO GIT BE LIABLE FOR ANY SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES. NO CREDIT ALLOWANCE WILL BE GIVEN FOR DAMAGES CAUSED BY CUSTOMER’S NEGLIGENCE OR WILLFUL ACTS. WHEN ROAMING, CUSTOMER IS SUBJECT TO THE SAME LIMITATIONS ON LIABILITY THAT THE UNDERLYING CARRIER PROVIDING SERVICE IMPOSES ON ITS CUSTOMERS. GIT DISCLAIMS ALL LIABILITY UNDER SUCH CIRCUMSTANCES. No action or claim, regardless of form, arising out of the transactions hereunder may be brought by Customer more than one year after the cause of action has accrued.

16. WARRANTY LIMITATIONS. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES. INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RESPECTING THIS AGREEMENT AND THE SERVICE PROVIDED. FURTHER, AS THE UNDERLYING CARRIER IS NOT CONTROLLED BY GIT, NO WARRANTY IS MADE IN REFERENCE TO COVERAGE AVAILABILITY OR GRADE OF SERVICE PROVISON BY THE UNDERLYING CARRIER. ACCESS TO CERTAIN EMERGENCY SERVICES (IE 911) IS SUBJECT TO CAPABILITY OF CARRIER SYSTEM, CUSTOMER EQUIPMENT AND AVAILABILITY OF PUBLIC EMERGENCY SERVICES. GIT’s limited Warranty shall not be enlarged and no obligation or liability shall arise out of GIT’s rendering of technical advice, facilities or Service in connection with the purchase of Product(s) hereunder.

17. WAIVERS. The failure of GIT to insist in any one or more instances, upon the performance of any of the terms, covenants, or conditions herein or to exercise any right, shall not be construed as a waiver or relinquishment of the further performance of any such term, covenant or condition of the future exercise of such right.

18. INDEMNIFICATON. Customer shall indemnify and hold GIT’s officers, employees, supplier of Service, and agents harmless against any and all claims, demands, suits, judgment, cause of action, losses, expenses, fees (including attorneys’ fees), liability or damages for libel, slander or infringements of copyrights from the material transmitted by customer via the telephone access number, and against any and all other claims, demands, suits, judgments, cause of action, losses expenses, fees (including attorneys’ fees), liability or damages including, without limitation, any personal injury or death arising in any way directly or indirectly in connection with this Agreement or the use or inability to use the telephone access number. This indemnity shall survive the termination of this Agreement.

19. GIT’s EXPENSES. Customer shall pay to GIT all costs and expenses including, without limitation, reasonable attorney’s fees, collection agency fees and court costs, incurred by GIT in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereof.

20. EXCUSABLE DELAY AND FAILURE TO PERFORM. GIT shall not be liable for any delay or failure to perform due to any cause beyond its control.

21. CALIFORNIA. For Service provided in California, any complaints against the underlying carrier, GIT or its agent should be brought to the attention of the management of GIT. Appeals may be submitted to the California Public Utilities Commission by stating your claim in writing to: CPUC -Consumer Affairs. (In Northern California) 505 Van Ness Ave, Room 4300, San Francisco CA 94102. (In Southern California) 107 So Broadway, Room 5109, Los Angeles CA 90012

22. GENERAL. a) This agreement, including the rates and charges expressly incorporated by reference herein is the complete and exclusive statement of the agreement between the parties and supersedes all proposals, oral or written, and all other communications between the parties relating to the provision of service. b) No modification hereof will be binding upon GIT unless the modification is in writing and signed by a duly authorized representative of GIT. c) If any provision of this Agreement is contrary to, prohibited by, or deemed invalid under applicable laws or regulations, such provision will be deemed omitted to the extent so contrary prohibited or invalid, but the remainder of the Agreement will remain in effect. d) Captioned headings have been included in this Agreement merely for convenience of reference and they are not to be considered part of or to be used in interpreting this Agreement. e) No assignment or transfer in whole or in part of this Agreement (except for assignment by GIT to the underlying carrier (or a GIT affiliate) shall be binding upon GIT or Customer without the express written consent of GIT. f) This Agreement with be binding upon and inure to the benefits of the parties hereto and their respective successors, administrators legal representatives, heirs and assign where permitted by this Agreement. g) GIT Satellite, LLC does not grant to Customer any right to use the GIT Satellite, LLC name, trademarks, trade names, or logos.  THIS AGREEMENT WILL BE ENFORCED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF Texas WITHOUT REGARD TO TEXAS CONFLICT OF LAW RULES.

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