Terms and Conditions
Terms and Conditions
Siren Marine Service Terms & Conditions
- Definitions 'End User' refers to the owner of a Siren Marine Device. 'Service Provider' is Siren Marine LLC. 'Communications Provider' is any provider of satellite or cellular communications capability to a Siren Marine Device. 'Distributor' is any representative of Service Provider authorized by Service Provider to distribute Siren Marine Devices. 'Service' means the communication and access to infrastructure and telecommunication systems needed to alert the End User of an occurrence onboard detected by the installed Siren Marine Device. 'Network' means the public telecommunications system by which the Siren Marine Service is made available. 'Service Agreement' means the contract between the Service Provider, Siren Marine, and the End User. 'Minimum Contract Period' means the period during which the End User has agreed to use, and pay for the service. 'Service Charge' means the payments the End User pays for the Service during the Contract Period. 'Siren Marine System Server' means the servers and other hardware and infrastructure needed in order to provide the Service. ‘Siren Marine Device’ is any and all hardware that is sold by or distributed through Siren Marine LLC, including the Siren Marine MT, MTC, MTC II, MTC-Pro, SirenSat Offhsore and all accessory sensors and antennae that are paired or otherwise used with the Siren Marine base unit. ‘Early Termination Fee’ is the fee of $50.00 that will be charged to the End User via the Service Provider if or when the End User terminates their Service Agreement with the Service Provider prior to the assigned date. ‘Action Plan’ is a pre-determined plan of events to be acted on when or if any major event occurs onboard triggering a notice via the Siren Marine Device. In order to use the Siren Marine System there must be a current Service Agreement between the End User and the Service Provider. The Service Agreement has a minimum Contract Period during which the End User is obligated to pay the Service Charge. The Service Agreement may be entered into online during the purchase of the Siren Marine Device, online during the installation of the Siren Marine Device or online or in person using any method approved by the Service Provider or a Distributor. The Service Agreement incorporates and includes by reference the current Terms & Conditions for the Siren Marine Device.
- Scope of Service: The service includes satellite and/or cellular communication between the Siren Marine Device and the Siren Marine System Server, text (SMS) message communication between the Siren Marine Server and the end user's mobile phone, E-mail communication between the Siren Marine Server and the End User, as well as access to the Siren Marine Web Portal through the Internet. The Service also includes access to Support during the Contract Period, free software upgrades, as well as the right to use any software included in the Service.
- Service Availability: The satellite and cellular service are available both domestically within the U.S.A. and Internationally. All satellite and/or cellular communication between Siren Marine Device and the Siren Marine System Server is included in the Service Charge, although extra roaming charges may apply to Service used outside the U.S.A. The End User hereby acknowledges that the availability of the Service may be affected by factors outside the Service Provider's control such as, but not limited to, physical obstructions, availability of Internet connections, routing of data over the Internet, atmospheric conditions and other causes of radio interference and by faults in other telecommunication networks and systems to which the Network is connected. The End User further acknowledges that the provision of Service to End User relies on the proper functioning of Service Provider’s own equipment, as well as the proper functioning of telecommunications equipment not under Service Provider’s control. Specifically, End User acknowledges that:
- The Siren Marine System Server and the satellite and other telecommunications systems operated by the Communications Providers are inherently capacity constrained;
- Service may be refused or limited, without liability to Service Provider or any Communications Provider, due to capacity limitations, including capacity limitations due to any repair, testing, upgrade or modification work on the Siren Marine System Server or the satellite and other telecommunications systems operated by the Communications Providers;
- Emergency access on the satellite or other telecommunications systems operated by the Communications Providers by public safety organizations may preempt End User’s use on such systems; and
- Service is subject to disruptions and/or deficiencies caused by atmospheric or terrain conditions or in-building conditions.
Accordingly, End User agrees that Service Provider’s obligations to provide Service to End User is subject to each of the following:
- The proper functioning of the satellite and other telecommunications systems owned by the Communications Providers;
- The proper functioning of any third party Gateway operator or carrier system relied upon to complete a transmission or call (such as long-distance, roaming, exchange or interconnection providers); and
- The availability of capacity on the satellite and other telecommunication systems operated by the Communications Providers.
In connection with any adverse effect on the quality and availability of the Siren Marine Service described above, neither the Service Provider nor any Communications Provider shall incur any liability to the End User whatsoever. Notwithstanding such effects to the Services during the Contract Period, the End User shall remain liable for the payment of the Service Charge.
5. Contract Period: Each Service Agreement has a defined Contract Period, which commences on the date the first Billing Cycle starts. The End User agrees that in no event may the Service be suspended or cancelled by the End User during the Contract Period and that the End User will continue to pay the Service Charge throughout the Contract Period.
6. Use of the Built-in SIM Card: The Siren Marine Device has a built-in SIM card, the title to which belongs to the Service Provider and not the End User. The Service Provider reserves the right to cancel the Service and permanently terminate the SIM card if:
- the End User fails to pay any Monthly or Annual Service Charge during the Contract Period;
- the system remains unused and the service agreement is not renewed or terminated after a period of three (3) months after the initial contract period has expired;
- the SIM card is abused in any way or is removed from the Siren Marine Device.
If the service is cancelled the Siren Marine System may be sent to Service Provider or Distributor for a replacement SIM card. A minimum service fee of US$ 100.00 will be charged for each SIM replacement. In the event the Siren Marine Device and/or its internal SIM card are lost or stolen, the End User shall immediately notify the Service Provider. Until such notification has been received by the Service Provider the End User is liable for any and all charges incurred by the use of the Siren Marine Device and/or the SIM card.
Service Provider will not deactivate any Irridium satellite communication services provided by Service Provider without giving the End User thirty (30) days’ prior written notice.
9. Automatic Continuation of Service Contract: After the initial Contract Period has ended, the End User may continue to use the Service until the End User terminates the Service Agreement in the manner described below or until the End User ceases to pay the Monthly or Annual Service Charge. After the expiration of the initial Contract Period, the End User has the right to terminate the Service Agreement by giving notice, in writing, to the Service Provider, in the manner set forth below. The Monthly Service Charge (or a pro rata portion of the Annual Service Charge) will continue to be due from the End User for one (1) full month following date that the termination notice is given to the Service Provider.
10. Termination of Contract: After the Contract Period has expired, the Service Agreement may be terminated by the End User by giving notice, in writing, to the Service Provider, by U.S. mail, email or fax as follows:
Such termination of the Service Contract will become effective one (1) month after the first day of the month immediately following the date that such written notice has been received by the Service Provider. A confirmation of Termination will be sent by the Service Provider to the End User.
12. Liabilities: Neither the Service Provider nor any Communications Provider is liable for any goods stolen or damages incurred as a result of the Service not being available. The End User recognizes that factors outside the Service Provider’s and the Communication Provider’s control may affect the quality of the Service. Furthermore it is the responsibility of the End User to act on notifications sent by the Siren Marine Device and for maintaining an up-to-date Action Plan online so that alarms and warnings can be sent to the right person(s). It is also the End User's full responsibility to inform any person(s) entered in the Action Plan of the desired action, should an alarm or warning be received. The Service Provider takes no responsibility for any data stored on the Siren Marine System Servers by the End User that may be offensive, incorrect or fraudulent. The End User acknowledges and agrees that its sole remedy for damages due to any failure, disruption or degradation in Service shall be limited to the charges imposed for the affected Service for the period such failure, disruption or degradation occurred. The End User hereby waives any right to make a claim against Service Provider or any Communications Provider for losses, damages, liabilities, judgments, fines, amounts paid in settlement, expenses and costs of defense sustained by reason of any unavailability, delay, faultiness or failure of the Service or the Siren Marine Device (including any satellite or cellular capabilities of the Siren Device or any antennae or other accessories provided by a Communications Provider that are paired, or otherwise used with the Siren Marine base unit) that result from any claim, demand, suit, action or proceeding brought or initiated by a third party, including, without limitation, actions by any federal or state governmental authority. IN NO EVENT SHALL THE SERVICE PROVIDER OR ANY COMMUNICATIONS PROVIDER BE LIABLE TO THE END USER OR ANY THIRD PARTY, WHETHER, FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO THE END USER’S USE OF (OR INABILITY TO USE) THE SERVICE OR THE SIREN MARINE DEVICE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT THE SERVICE PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
13. Additional Provisions Applicable to Globalstar: By accepting these Terms and Conditions, an End User who elects to receive satellite communications capability provided by Globalstar, Inc. (“Globalstar”) affirms that such End User has read and agrees to the following provisions: Equipment used on the Globalstar system is either Globalstar Registered or Globalstar Certified. Globalstar Certified products have been tested to ensure that their performance meets Globlstar's certification performance specifications. Certified Products, when used with a clear view of the sky and no local interference, will provide the message success rates advertised on the online Simplex Coverage map at www.globalstar.com. Globalstar Registered products are approved for operation on the Globalstar System, but have no associated performance requirements. The effective coverage area for Globalstar Registered Products may differ from the coverage advertised for Globalstar Certified Products, and displayed on the online Simplex Coverage map at www.globalstar.com.