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Home | GSA/Basic Service Agreement

GSA/Basic Service Agreement

 Printer Formatted Contract

 

Globalstar Customer Care; +1.905.712.7197
+1.877.GLBLSTAR
800 Fax: + 1.888.604.7517
Direct Fax: +1.905.712.6675
Agent Ph.: 1-406-755-3790
Agent Fax.: 1-406-755-3791
Distributor ID:
 Distributor Name:
   Lead # (if applicable):
  
Sales Professional Name:
   Sales ID #(Optional):
  
Salesperson Phone:
   Fax or E-mail:
  
Existing Globalstar USA Account or Satellite Phone #:
    
           
 
BILLING RESPONSIBILITY GSA Consumer Business/Government (non-GSA)
Consumer\Bil li ng Con ta ct First:
   Middle:
   Last Name:
    
Business Name:
  
 
PHYSICAL ADDRESS
Street Address:
   City:
  
State/Prov./Is:
     ZIP/Postal:
 Country:
  
 
BILLING ADDRESS: Same as above Federal Tax Exempt (must provide documentation)  
Street Address: City:
State/Prov./Is: ZIP/Postal: Country:
Business Phone: Home Phone: Fax:
Date of Birth: Social Security/Tax ID #:
Driver’s License/ID/Passport (circle one) #:
Employer: Industry Segment:
E-mail address: Reason for purchase:
  (Email address is mandatory to use the Quick Locate Service)  
How did you hear about us?  
Web Site		  
Advertisement		  
Direct Mail		  
Trade Show		  
Friend

Other
 
ACTIVATION INFORMATION
SERVICE TERMS: Quick Locate ESN:
Globalstar Phone Number: ESN:
Service Plan Name: Phone User’s Name:
FREE Voice Mail ($7.95/mo USD on Fr eedom 50 /Li be rt y60 VM Time Zone:
Promotion Information Notes:
 
 
There is no monthly access charge for call forwarding services. Usage will be rated at $0.15/min USD plus applicable international long distance charges.
 
 
FAX SERVICE (1600)   One Time/$50 - $39.95/Month  
FAX SERVICE (2900)   One Time/$50 - $39.95/Month
QUICK LOCATE SERVICE (Simplex) One Time/$35 - $34.95/Month Sentinel AXTracker
(Please provide email address in Billing Address above)
TEXT E-MAIL VIA FAX OPTION — FREE    
USING E-MAIL VIA FAX MAY GENERATE SPAM. GLOBALSTAR USA IS NOT RESPONSIBLE FOR SUBSCRIBER’S USE OF THIS OPTION.
 
SERVICE PAYMENT INFORMATION (Billing & Payments in U.S. Dollars)
Automatic Credit Card (Preferred) Standard Billing P.O. Number if applicable:
Card Number: Exp Date: Name on Card:
Direct Debit (US Banks only, except Bank of America) Saving Checking (Voided check required)
Routing Number Account # Bank Name:
 
BY SIGNING THIS FORM, YOU’RE AGREEING TO THE GLOBALSTAR USA / CARIBBEAN TERMS AND CONDITIONS INCLUDED WITH YOUR PHONE. $50 ACTIVATION FEE, $50 SERVICE PLAN CHANGE FEE, AND $250 EARLY TERMINATION FEE MAY APPLY TO NON-GSA SUBSCRIBERS. PLEASE READ THE AGREEMENT AND SERVICE PLAN. This agreement is with Globalstar USA for the provisioning of satellite service(s) only and any additional features or services ordered by you.
Subscriber Signature:
 
 
 
GLOBALSTAR USA, LLC SERVICE
GENERAL TERMS AND CONDITIONS
This Agreement between Globalstar USA, LLC (“GUSA”) and Customer is effective upon Customer’s first use of the Globalstar™ Service. By using the Globalstar Service, Customer confirms that (s)he has read and accepted all of the terms and conditions set forth in this Agreement. Certain of these General Terms and Conditions may be modified in whole or in part by an attached addendum, which is incorporated into this Agreement.

2. Conditions on Use of the Globalstar Service.

(a) Customer Representations: The individual entering into this Agreement represents and warrants that either: (i) (s)he is entering into this Agreement as principal and is the Customer; or (ii) if (s)he is not the Customer, that (s)he has the express authority to enter into this Agreement on behalf of and to bind the Customer to its terms. If the Customer breaches this latter representation, the individual entering into this Agreement acknowledges and agrees that (s)he will be responsible for all obligations of the Customer.

(b) Credit Verification and Deposit:

Customer authorizes GUSA to obtain credit information concerning Customer from trade references and credit reporting agencies and such other sources as GUSA deems necessary to augment credit information supplied by Customer. Based on such credit information, and other factors GUSA deems relevant to
Customer’s creditworthiness including, without limitation, Customer’s payment history and/or usage patterns, GUSA may require Customer to make a deposit as a payment guarantee. Such deposit shall be subject to increase or reduction as GUSA deems necessary in its sole discretionto ensure timely payment of invoices. Such  deposit shall not accrue interest unless required  by law. GUSA will refund Customer’s deposit  upon termination of the Globalstar Service or  after 12 months from the date the deposit was  made if (1) Customer requests a refund, and (2)  GUSA in its sole discretion has determined  Customer to be creditworthy. If GUSA refunds  the deposit to Customer, the refund will be sent  to Customer by first class U.S. mail to  Customer’s last address according to GUSA’s  records. GUSA may, in its sole discretion,  provide the Globalstar Service to Customer prior  to a credit review without waiving its right to  require a deposit from Customer, and GUSA  may discontinue the Globalstar Service if  Customer does not remit a deposit.

(c) Home Territory:
Customer’s Home Territory means the 48 contiguous States of the United States of America, portions of Alaska, and portions of the Caribbean as described on GUSA’s Internet site, “globalstarusa.com,” as may be revised or updated from time to time.

(d) Transmission and Capacity Limitations:
Customer understands and acknowledges that the Globalstar Service is provided subject to the availability of capacity on the Globalstar System which is limited by the space technology involved and availability of assigned radio spectrum. The Globalstar Service may become unavailable or limited because of capacity limitations or emergency preemption by governmental authorities who have jurisdiction over the Globalstar System, and may be interrupted or curtailed by modifications, upgrades, repairs, and similar activities of GUSA, GUSA’s parent company, Globalstar LLC, or other Globalstar service providers. Globalstar LLC has reserved the right to allocate satellite capacity among all service providers using the Globalstar System, including GUSA. The Globalstar Service is subject to transmission and reception limitations caused by: (1) the user’s location, including topographical conditions, whether man-made or natural, that obstruct the line of transmission between the user and the Globalstar System satellites; (2) the condition of the Globalstar System’s equipment; (3) the condition of Customer’s Globalstar Terminal; (4) acts of God, (5) weather conditions, atmospheric conditions (i.e., space debris, solar flares, and other atmospheric anomalies or disturbances), magnetic interference, environmental and other like conditions.

(e) Globalstar Service Only:
Customer understands and acknowledges that GUSA does not provide terrestrial cellular or PCS service or any service other than the Globalstar Service. In the event that Customer elects to utilize any service in conjunction with the Globalstar Service and the Globalstar Terminal, Customer understands and acknowledges that GUSA is not responsible for, and neither warrants nor represents the quality or availability of, such service and expressly disclaims any warranty regarding the interoperability of such service with the Globalstar Service. Provisioning, billing and use of cellular or PCS service or any other service available to Customer are Customer’s responsibility.

(f) Equipment: Customer shall use only satellite communications equipment that Globalstar has approved for use in the Globalstar System and that bears an FCC certification number or other indication of type certification from the regulatory authority of the country where the equipment was purchased. FCC regulations do not permit use of a Globalstar handset in an aircraft unless that handset has a hardwired connection into the cockpit communications system. EXCEPT AS OTHERWISE PROVIDED FOR IN THIS AGREEMENT, GUSA MAKES NO WARRANTIES WITH RESPECT TO THE GLOBALSTAR TERMINAL OR OTHER EQUIPMENT USED BY CUSTOMER IN CONNECTION WITH THE GLOBALSTAR SERVICE AND EXPRESSLY DISCLAIMS ANY AND ALL EXPRESSED AND IMPLIED WARRANTIES WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER’S REMEDIES FOR ANY AND ALL WARRANTY CLAIMS WITH RESPECT TO THE GLOBALSTAR TERMINAL OR OTHER EQUIPMENT USED BY CUSTOMER IN CONNECTION WITH THE GLOBALSTAR SERVICE SHALL BE THOSE PROVIDED IN THE WARRANTY, IF ANY, WHICH ACCOMPANIES THE GLOBALSTAR TERMINAL OR OTHER EQUIPMENT PROVIDED BY THE MANUFACTURER OR SUPPLIER OF THE TERMINAL.

(g) Privacy Limitations:
Customer understands that because the Globalstar Service involves radio technology, voice and data communications transmitted over the Globalstar System may not be completely private. Customer understands that calls to emergency referral services, such as "911," are typically recorded and consents to the recording of such calls. Also, Customer consents to GUSA’s monitoring and recording Customer’s calls to GUSA in order to ensure the quality of the Globalstar Service.

(h) Abuse and Fraudulent Use:
Neither the Globalstar Service nor any other means of communication may be used (1) to make foul or profane expressions, to impersonate another person with fraudulent or malicious intent, or to call another person so frequently or at such times of the day or in any manner so as to annoy, abuse, threaten or harass, or (2) for any purpose in violation of law, or (3) in any manner which interferes unreasonably with the use of the Globalstar Service by any other customer or with GUSA’s reasonable ability to provide service to others. If Customer fails to adhere to these rules of the Globalstar Service, GUSA may terminate this Agreement in accordance with Section 4.

(i) Regulatory Authority Affecting this Agreement:
Customer agrees that GUSA may amend this Agreement upon written notice to Customer to comply with FCC or other U.S. or foreign governmental regulatory requirements, and such amendment(s) does not constitute a repudiation or breach of this Agreement. Customer agrees to abide by such amended terms and requirements as they may affect his/her performance under this Agreement.

(j) Telephone Numbers/Fax Numbers/Fax Email:
A telephone number may not be used in more than one Globalstar Terminal. Customer has no property right or other continuing right in any assigned telephone/fax number or email address, and none can be acquired by usage or otherwise. GUSA reserves the right to assign, designate, or change any such telephone/fax numbers or email address when reasonably necessary in the conduct of its business. GUSA may reassign the telephone/fax numbers or email address formerly held by Customer immediately upon the deactivation of Customer’s Globalstar Terminal or Fax Services.

(k) Designation of Authorized User(s):
Customer may notify GUSA at any time of Customer’s designation of authorized user(s) on Customer’s account. By so doing, Customer gives GUSA permission (1) to provide account information and services directly to such user(s) to the extent such information and services would otherwise be available to Customer, and (2) to make changes to Customer's account as such user(s) may request from time to time. Customer agrees to accept financial responsibility for all decisions and changes made by such user(s) relating to Customer’s account. Customer may remove an authorized user(s) from the account at any time by notifying GUSA in writing.

(l) Service Orders:
GUSA will accept orders including those which involve the start, achange, or the discontinuance of the Globalstar Service only from Customer or a representative
of Customer whose authority is confirmed by GUSA.

(m) Customer Contact:
Customer expressly grants GUSA the right to contact Customer by calling Customer’s telephone number or by leaving a recorded message on Customer’s voice mail. Customer grants GUSA the right to examine detailed records of calls made and received by Customer in order to locate Customer or to otherwise exercise GUSA’s rights under this Agreement, provided that GUSA will not reveal the content of such records to any other person without proper legal process.

(n) Toll-Free Calls, and 900 or 976 Calls:
The Globalstar Service is unable to route calls to regional toll-free numbers or to 900 and 976 prefix numbers or the like, but may be able to route calls to nationwide toll free numbers with prefixes such as 800, 877 or 888.

(o) 911 Emergency Services Terms & Conditions applicable to GUSA subscribers and to subscribers of other Globalstar service providers roaming in GUSA’s territory:
GUSA has voluntarily established an Emergency  Call Center, or “Referral Service.” After  February 11, 2005, the Emergency Call Center is  a federal legal requirement under Section  25.284(a) of the rules of the Federal  Communications Commission (“FCC”), 47  C.F.R. § 25.284(a). Under the FCC’s rules, the  Caller (defined as the GUSA subscriber or any  other person using the subscriber’s Globalstar  phone with or without authorization) must  provide his or her telephone number and  physical location. GUSA does not have the  ability to identify the Caller’s location  automatically as is the case with wireline  telephones and certain cellular or PCS wireless  telephones. Accordingly, the effectiveness of  Referral Service depends largely on the accuracy  of the information provided verbally by the  Caller. Upon receiving a call identified as an  “emergency,” GUSA’s Emergency Call Center  personnel will redirect the call to an appropriate  Public Safety Answering Point (“PSAP”). The  Caller acknowledges and agrees, as a condition  of its use of Referral Service that: (1) Referral  Service is subject to the same limitations of  coverage and network capacity as other uses of  the Globalstar Service; (2) there can be no  assurance that such service will be available at  other times or in the same or other locations, nor  can there be any assurance that such service will  be available outside the customer’s home  territory; (3) the provision of Referral Service is  subject to the limitations on liability and otherlimitations and provisions contained in the  service subscription or telephone purchase  agreement; (4) no action or claim whatsoever,  whether seeking damages or any other remedy,  will be brought against any of GUSA, its  affiliates and their respective shareholders,  directors, officers, employees and agents  (collectively, “GUSA”) or any third-party  providers assisting GUSA to provide Referral  Service, in respect of any death, injury, or loss to  persons or property incurred by any person in  connection with establishing, developing,  implementing, maintaining, operating, and  otherwise providing Referral Service, except for  claims against any such party relating to the  intentional or willful misconduct of such party;  (5) no action or claim whatsoever, whether  seeking damages or any other remedy, will be  brought against GUSA or the third party  providers in respect of any delay, in action, act  or omission of police, fire or other emergency  personnel contacted through Referral Service;  and (6) calls placed using Referral Service will  typically be recorded.

(p) Globalstar Terminal Theft:
In the  event Customer’s Globalstar Terminal is lost,  stolen, or otherwise absent from the Customer's  possession or control, Customer shall be liable  for all usage and toll, long distance and roaming  charges originating from Customer’s telephone  number until the loss, theft or other occurrence is  reported to GUSA and for 2 hours thereafter.  Customer shall provide a police report of such  loss or theft upon GUSA’s request. Thereafter,  Customer shall not use the telephone number  assigned to Customer’s Globalstar Terminal  until Customer gives GUSA notice that such  Globalstar Terminal is in the Customer’s  possession and requests restoration of the ability  to use such telephone number. Such restoration  may be subject to a charge. Monthly charges  shall continue until the Globalstar Service is  terminated.

3. Rates, Billing and Payment.

(a) Rates:

(1) Activation Fee. An account activation fee may be charged as provided in the Customer’s Globalstar Service Plan or an addendum here to.
(2) Applicable rates and charges for the Home Territory are indicated in the GUSA pricing plans and service options selected by Customer. Such rates and charges apply only to the Globalstar Service provided by GUSA within the Home Territory, and charges may vary forroaming in other territories served by the
Globalstar System. All other charges, features (even if one or more features was offered at the time of activation with no recurring monthly feature charge) and services including, but not limited to, coverage areas, and rounding practices, are subject to change or discontinuation upon written notice to Customer. Customer understands and acknowledges that the rates being charged under this Agreement may include discounts in consideration of the number of Globalstar Terminals in active use by Customer. Customer agrees that GUSA may discontinue such discounts should the number of Terminals in active use fall below the number applicable to such discounts. Additionally, GUSA reserves the right to modify all other terms and conditions and any pricing plan at any time by written notice to Customer. Upon such notice, any changes shall automatically and without written amendment become part of this Agreement.

(3) Early-Disconnection Fee. If during the initial term, the Customer’s agreement is (i) terminated by Customer for any reason, or (ii) terminated by GUSA for cause under  Section 4, or (iii) Customer switches from a  Qualified Service Plan to a Non-Qualified  Service Plan, then Customer will be required  to make a lump sum payment of $250.00 due  at the time Globalstar Service is terminated.  “Qualified Service Plans” are Service Plans that  exist within a family of promotional plans as  determined by GUSA.  NOTE: For government agencies who agree  to the terms of the Globalstar/GSA BOA#  GS09K00BHA0029 only, no Early-  Disconnection Fee, Service Plan Change fee or  Activation Fee applies on any plan. An  additional $2.00 per month per line GSA  Administration fee (subject to change) will be  charged and passed through to the General  Services Administration by GUSA.  (4) Service Plan Changes. Customer may  change to any qualifying plan with more  included minutes at no charge and with no  extension of the contract period. Customers  changing to any qualifying plan with fewer  included minutes will incur a $50 administrative  fee and a one-year contract renewal from date of  change.

(b) Billing:

(1) Chargeable time for calls originated  by Customer’s Globalstar Terminal begins when  a connection is established to a GlobalstarSystem facility and ends when the Globalstar  Terminal disconnects from a Globalstar System  facility (i.e., a few seconds after Customer sends  an END command to the Globalstar System). In  the Home Territory, Customer will not be  charged for unanswered calls unless Customer  places a call to a number that rings unanswered  or signals busy for 60 seconds or more, after  which Customer will be billed for all airtime,  including the first 60 seconds, regardless of  whether a connection is made. Customer may be  charged for busy or unanswered calls when  roaming outside of the Home Territory.

(2) Chargeable time for calls received by  Customer’s Globalstar Terminal begins when a  connection is established between a Globalstar  System facility and the Globalstar Terminal,  provided that the call is answered, and ends  when the Globalstar Terminal disconnects (i.e.,  a few seconds after Customer sends an END  command to the Globalstar System).

(3) Unless GUSA specifies otherwise in  the Addendum hereto or by separate notice to  Customer, Customer will be billed a minimum of  one full minute for each call upon connection.  Thereafter, the Customer will be billed in  fractions of a minute rounded up in 30-second  intervals. For example, if a call lasts only 25  seconds, Customer will be billed for the  minimum one minute; if a call lasts one minute  and 20 seconds, Customer will be billed for one  minute and 30 seconds. If Customer has  selected a rate plan with Bundled Minutes, as  defined in the applicable GUSA rate plan, those  Bundled Minutes will be applied to the Home  Territory airtime used in the earliest part of each  monthly billing cycle. Any unused Bundled  Minutes remaining at the end of any monthly  billing period will not be carried forward or  credited against the next month’s billing period.

(4) Fax service will require an outgoing call  from the Globalstar Terminal for both outgoing  and incoming fax messages. Fax airtime will be  charged according to the same rates and  increments adopted for voice.

(5) GUSA generally produce monthly  bills. Monthly billing periods do not necessarily  correspond to calendar months, and they may  vary in length from approximately 28 to  approximately 32 days. GUSA may change its  billing procedures from time to time, and GUSA  may bill Customer more often than monthly if  GUSA determines that there is a risk of nonpayment  which may be indicated by, among  other things, above-normal Customer usage of  the Globalstar Service or non-payment of a prior  bill when such bill was due and payable. Customer agrees to review his/her GUSA invoice to verify accuracy within 90 days of receipt and notify GUSA promptly of any discrepancies, failing which the Customer is deemed to have agreed to the accuracy of that GUSA invoice.

(6) Applicable federal, state, local and  foreign taxes, fees and surcharges will be added  to Customer’s monthly bill.

(c) Payment:

Customer is responsible for the payment of  charges for all services furnished to Customer,  including but not limited to Globalstar Service  access to the Globalstar System, toll, long  distance and roaming. Customer may pay  his/her bill by direct debit, credit card or by  mailing a check or money order to the remittance  address set forth in the invoice sent to Customer.  Payments received after the due date on the bill  may incur a 1.5% per month (18% per annum) or  the maximum rate allowed by law, whichever is  lower, late payment charge on the past due  amount. If payment is returned or rejected by a  bank or other financial institution for any reason  (e.g., non-sufficient funds, overdrawn account  for direct debit, over the credit limit, expired  date on credit card), then Customer shall pay a  $25 return or rejection charge (or such other fee  then being charged by GUSA). GUSA may refer  his/her account, if past due, to attorneys and/or  collection agencies for further action. Customer  shall pay any and all costs, fees and expenses  that GUSA incurs to collect any charges from  Customer, including without limitation all court  costs, attorneys’ fees and collection agency fees  and commissions to the extent allowed by law.  GUSA reserves the right to interrupt the  provision of the Globalstar Service to Customer  at any time without notice and to require  accelerated interim payments in the event that  (1) GUSA deems Customer’s usage unusual or  excessive in relation to Customer’s security  deposit, credit limit and/or normal usage  patterns, or (2) Customer’s payment is returned  or rejected as described above.

4. Term and Termination.

(a) This Agreement shall begin on the date that the Customer's account is activated and continue on a month-to-month basis following the end of its initial agreed term, if any, until terminated pursuant to this Agreement. Notwithstanding any other provision, either GUSA or Customer may terminate this Agreement upon 30 days’ written notice to the other. If Customer fails to pay any sum due for any service or equipment purchased or leasedfrom GUSA, or violates the terms, conditions,  laws, rules or regulations governing the use of  service, GUSA may refuse, reduce or  temporarily or permanently terminate the  Globalstar Service (including associated  roaming, long distance and international direct  dialing services). GUSA shall provide Customer  notice of termination of this Agreement in  writing, which notice shall be deemed to have  been given five (5) days after it is placed in the  U.S. mail addressed to Customer’s last known  address, or earlier if by hand delivery. In  addition, GUSA may, without notice and without  incurring any liability, terminate Customer’s  Globalstar Service if (i) GUSA has not received  Customer's first payment by the due date on  Customer's first bill; or (ii) Customer is using the  Globalstar Service in a manner which might  adversely affect GUSA's service to others; or  (iii) a law enforcement agency notifies GUSA  that probable cause exists to believe (1) that  Customer has used or will use the Globalstar  Service in violation of or to violate the law, and  (2) immediate action is required to protect the  public's health, safety or welfare; or (iv) the  Customer’s ESN/mobile number combination  has been duplicated or is otherwise associated or  potentially associated with the fraudulent use of  service; or (v) a customer or another Globalstar  service provider notifies GUSA that Customer’s  Globalstar Terminal was reported to be lost or  stolen, or another Globalstar service provider  notifies GUSA that Customer’s Globalstar  Terminal was determined to be associated or  potentially associated with the fraudulent use of  service or disconnected from service for nonpayment  of, or owing unpaid, service charges; or  (vi) GUSA determines that Customer’s  application for the Globalstar Service included  information that was fraudulent, false or  materially incomplete; or (vii) Customer uses  equipment not authorized for use on the  Globalstar System; or (viii) the occurrence of  any event of default under this Agreement. If  GUSA interrupts Globalstar Service for nonpayment,  GUSA may, at its sole option,  reactivate the Globalstar Service upon payment  by Customer in full of the past due amount, any  penalties associated with the late payment, and  upon payment by Customer of a deposit based  on Customer’s payment history.

(b) In addition to its rights stated in this Agreement, GUSA reserves the right to pursue any other remedy at law or in equity. All rights and remedies granted to GUSA are cumulative and not alternative, and GUSA's failure to exercise any right or remedy shall not constitute a waiver of such right or remedy with respect to any continuing or future default by Customer.

(c) Extension of Agreement Period.

Unless sooner terminated in accordance with the terms of Customer’s service plan or this Agreement, or unless extended by Customer to obtain new, additional or different benefits, Customer’s Agreement automatically extends on a month-to-month basis following its initial term until Customer gives GUSA 30 days’ prior
notice of termination.

5. Warranty, Remedy and Limitation of Liability.

(a) WARRANTY: CUSTOMER  ACCEPTS THE GLOBALSTAR SERVICE ON  AN "AS IS, WHERE IS" BASIS AND  ACKNOWLEDGES THAT GUSA'S  LIABILITY AND CUSTOMER'S SOLE  RECOURSE IN RESPECT OF ANY FAILURE  OF GUSA TO PROVIDE THE GLOBALSTAR  SERVICES SHALL BE LIMITED AS  PROVIDED IN SUBSECTIONS 5(B) AND (C).  CUSTOMER ACKNOWLEDGES THAT  GUSA DOES NOT WARRANT THAT THE  GLOBALSTAR SERVICE WILL BE  PROVIDED UNINTERRUPTED OR ERRORFREE  AND THAT GUSA DOES NOT  WARRANT THE AVAILABILITY,  RELIABILITY OR ANY OTHER ASPECT OF  THE GLOBALSTAR SERVICE. THE  WARRANTIES AND CONDITION  PROVIDED IN THIS AGREEMENT ARE IN  LIEU OF ALL OTHER WARRANTIES AND  CONDITIONS. THE CUSTOMER HEREBY  WAIVES ALL OTHER WARRANTIES AND  CONDITIONS, EXPRESS, IMPLIED OR  STATUTORY, INCLUDING ANY  WARRANTY OF MERCHANTABLE  QUALITY, FITNESS FOR A PARTICULAR  PURPOSE, OR AVAILABILITY OR  RELIABILITY OF THE GLOBALSTAR  SERVICE. 

(b) Remedy: Customer agrees that  GUSA’s aggregate liability in connection with  this Agreement and the provision of the  Globalstar Service hereunder, and Customer's  sole and exclusive remedy therefor, shall be  subject to the limits provided in subsection 5(c)  and shall be further limited to the repayment  and/or a credit for the direct damages suffered by  Customer as a result of any unavailability of or  material defects in the Globalstar Service up to  the total amount paid and/or owed by Customer  for the aspects of the Globalstar Service which  were unavailable or materially defective. 

(c) Limitation of Liability: GUSA shall  not be liable for any harm, loss, liability,  damage, expense, cost, suit, claim or demand  whatsoever except to the extent attributable  to GUSA’s personnel or ground equipment,and only to the extent provided for in this  agreement, whether arising in negligence,  tort, statute, equity, contract, common law, or  any other cause of action or legal or equitable  theory. Under no circumstances will GUSA be  liable for any (1) interruptions or defects in  the Globalstar Service which affect Customer  for less than 72 continuous hours, or (2) any  of the limitations of the Globalstar Service  referred to in Section 2 “Conditions on Use of  the Globalstar Service,” or (3) indirect,  aggravated, exemplary, punitive, special,  incidental, or consequential damages  (including damages for lost profits, lost  revenues, lost information, business  interruption, failure to realize anticipated  savings or any other commercial or economic  loss), or third party claims, expenses, costs,  liability, loss, or damage whatsoever, whether  arising in negligence, tort, statute, equity,  contract, common law, or any other cause of  action or legal theory, even if Customer  advises GUSA of the possibility of such  damages. Customer agrees, acknowledges  and confirms that the limitations of liability  set out in this Agreement are fair and  reasonable in the commercial circumstances  of this agreement and that GUSA would not  have entered into this Agreement but for  Customer's agreement to limit the GUSA  Parties' and the third party providers’  liability in the manner, and to the extent,  provided for herein. The limitations  contained in subsections 2(o), 5(b) and 5(c)  shall apply even in the event of a breach of  condition, a breach of an essential or  fundamental term or a fundamental breach of  this Agreement, except that the limitations on  direct damages stated in subsection 5(b) shall  not apply in the event of wilful or intentional  misconduct. GUSA assumes no liability for  any harm, loss, liability, damages, expenses,  costs, suit, claim or demand whatsoever  arising from the use of the Globalstar Service  in combination with services, products or  equipment provided by Customer or any  third parties.

  (d) When roaming outside the Home  Territory, Customer is also subject to the  limitations of liability that the Globalstar service  provider in that territory imposes upon its  Customers. Customer understands that such  Globalstar service provider may bill airtime  differently than GUSA and that the services  available in other territories may vary from the  services available in the Home Territory.  Customer agrees that while Customer roams,  Customer accepts services provided by the  Globalstar service provider in such territory  on an “AS-IS, WHERE-IS” basis, without  warranty of any kind. Customer understandsthat the roaming indicator on Customer’s Globalstar Terminal may not always represent Home/roam territory. When traveling outside the Home Territory, automatic roaming may be limited due to high levels of fraudulent activity in the area, the unavailability of the Globalstar System, or other factors.

6. Customer Indemnity. Customer agrees to indemnify, hold harmless, and defend GUSA against any claims resulting from or relating to Customer’s breach of this Agreement or misuse of the Globalstar Service or Globalstar Terminal or other equipment used in connection with the Globalstar Service. Customer agrees to reimburse GUSA for any and all costs and reasonable attorneys’ fees incurred by GUSA in defending any claims resulting from or relating to Customer’s breach of this agreement or misuse of the Globalstar Service or the Globalstar Terminal or other equipment used in connection with the Globalstar Service.

7. General.

(a) Assignment: Customer may not assign this Agreement, nor any of Customer's rights and obligations, to any other person, firm, agency, corporation or other legal entity without the prior approval of GUSA, provided, however, that if Customer is a corporation, partnership or limited liability company, Customer may assign this Agreement, including Customer's obligations under it, pursuant to a sale of Customer's assets or a transfer of control of Customer's business (a “permitted assignment”).

(b) Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of the parties and their permitted assigns. Except as provided in subsection 7(c), nothing contained herein will be deemed to create any third-party beneficiaries or confer any benefit or rights on or to any person not a party hereto, and no person not a party shall be entitled to enforce any provisions hereof or exercise any rights under this Agreement.

(c) Third Party Beneficiary: Customer acknowledges and agrees that the GUSA Parties and the Third Party Providers shall be third party beneficiaries of the provisions of this Agreement which serve to limit the liability of the GUSA Parties and Third Party Providers.

(d) Governing Law: This Agreement is governed by the laws of the State of California and applicable federal laws.

(e) Survival: The termination of this Agreement or the permitted assignment of a party's interest shall not affect or prejudice any rights or obligations which have accrued or arisen under this Agreement prior to the time of termination or permitted assignment, as the case may be, and such rights and obligations shall survive the termination or permitted assignment of this Agreement. The following provisions of this Agreement shall survive the termination (for whatever cause or reason) or any permitted assignment of this Agreement, in addition to any other provisions which survive by operation of law: subsections 2(o), 3(c), 7(a), 7(b), 7(c), 7(d), 7(e), 7(f) and 7(h); and Sections 5 and 6.

(f) Waiver and Severability:

(1) Neither the waiver by either of the parties of a breach of or a default under any of the terms and conditions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any provisions, rights, or privileges. (2) If any provision of this Agreement is held by any court or administrative body of competent jurisdiction to be invalid or unenforceable in any respect, the invalidity or unenforceability of such provision shall not affect any other provision of this Agreement.

(g) Notice:

In the event Customer desires to provide written notice to GUSA, as required by any of the Terms and Conditions herein or for any other reason, including any communication from Customer regarding disputed invoices, and any instrument tendered as full satisfaction of a debt, must be sent by Customer to GUSA by certified mail to following applicable address: Globalstar USA, LLC, Customer Care Department, 461 South Milpitas Blvd, Milpitas, CA 95035.

(h) Entire Agreement: These terms and conditions contain the entire Agreement between GUSA and Customer superseding all prior agreements whether oral or written (except as provided at the top of this Agreement). Customer acknowledges that (s)he has relied on no oral or written representations made by or on behalf of GUSA or any employee, director, officer or agent of GUSA that are not incorporated into this document.
 
ADDENDUM
Aviation Services Amendments:
Section 3.(a).(1) Customer’s account activation fee is US $99.00.
Section 3. (3) (NOTE): Globalstar/GSA Blanket Order Agreement # GS09K00BHA0029 does not apply to Aviation Services at this time.


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