HomeMy WebLinkAboutSkyTerra LP - Agreement for Satelite Telephone Service10802 Parkridge Blvd.
SkyTerra LP Reston, VA 20191
Tel 800.216.6728
Satellite Telephone Service Contract Fax 800.455 -6543
Dealer Name
Remote Satellite Systems csrhelp @skyterra.com
Dealer Code 345A
Dealer Salesperson Name Robert Rosen
BILLING INFORMATION
�— City of Gilroy
Customer Name (Last, First, M. I.) or Formal Business Name
X AM: IT Division
Attention / Billing Contract Name (if different from above)
Dealer Phone 707- 545 -8199
Dealer Email or Fax support @remotesatellite.com
SERVICE RATES AND ACTIVATION FEES
Rate Plan Code IF a g
Service Activation Fee
Call Management Activation Fee ($101option)
X 7351 Rosanna St
Monthly Access Charge
Billing Address
Minutes Included
X Gilroy
Santa Clara
Airtime Rate I Minute
City
County
MSAT -G2 Tracking I Month:
X CA
95020
❑Standard [] Enhanced
State
Zip or Postal Code + 4 (required)
X (408) 846 -0237
mart in. quiroz@c i. gilroy.
ca. t&r Poll Rate
Daytime Phone
Email
Data Access / Month
Is this an existing Satellite If yes, existing master account number
Service account? ❑ Yes
%S ® No
Is customer adding new lines to If yes, type of line:
existing account? ❑ Yes
X Ki No ❑ Voice ❑ Dispatch ❑ GIPS ❑ Data
Account Type: Government ❑ Commercial
❑ Dealer ❑ Other —
❑ Personal
INFORMATION BUSINESS CREDIT X Years in Business: 130 Federal ID# 94- 6000340
Federal PO# (required for government accounts)
Requestor Name Jim Gillio
Is Requestor ❑ an Officer or ;0 an Authorized agent of the company
Is Requestor authorized to Incur Debt? [a Yes ❑ No
If no, list Name, Title, Telephone Number of Authorized Personnel Below
Tom Haglund, City Administrator
Authorized Purchasing Personnel Contact (Name, Title, Telephone Number)
Tax Exempt? ❑ Yes [2 No If yes, please attach certificates
EQUIPMENT
TYPE/ INSTALLATION
❑ Aeronautical Transportable
❑ Fixed ❑ Marine
❑ Other
Equipment Manufacturer: / u L, Fi £ S
Model Number: Z 12 0
By checking the following box, you do not wish SkyTerra to contact you
regarding new services, products, other promotional or marketing
related matters. ❑
X.
Fax Access/Month
Suspension Fee
Suspended Terminal Monthly Access
Call Management Options:
$ 50.00
s
$
$ /,(S
s
S
s
s
$ 16.00
$ 10.00
❑ Conference Calling ❑ International Calling
❑ Call Forwarding ❑ Outbound Barred Numbers
❑ voicemail
SATELLITE PHONE INFORMATION
Electronic Serial Number (ESN)
(if more than 2 serial numbers, list on separate sheet, noting antenna type for each)
/6VO17d7
City of Gilroy
User Name
)C 7301 Hanna St
Address
�c Gilroy CA 95020
City State Zip ( +4)
X.(408) 846 -0323 jim.gillio.ci.gilroy.ca.us
Phone Email
Electronic Serial Number (ESN)
(if more than 2 serial numbers, list on separate sheet, noting antenna type for each)
User Name
Address
City State Zip ( +4)
Phone Email
x Q Version 10.2 - 01/21/09
Customer Signatur Date
By signing contract, customer ag to all to and conditions, including but not limited to credit worthiness provisions.
Dealer Sig re t L J L 5 o L7 5 3 0
1 / have venfied the identify or the Customer /Authohzed signatory with photo identification. (Circle Dave /s Ltcense Number, or Passpon number ).
SkyTerra LP
Satellite Dispatch Service Request
K Customer Name City of Gilroy
X Account Number
Assigned Talkgroup ID J 0 0 7 8 8 $-
Talkgroup Name 5 G T A L 1L
Is this Talkgroup existing? or new?
TAG Number (1 -15) 121— (00 for Private)
Talkgroup Type
Normal Private ❑
Dial -In Phone # (SkyTerra Use)
800 Access (SkyTerra Use)
703 Access (SkyTerra Use)
Dial -In -4 -digit PIN (SkyTerra Use)
Dial -Out - (Customer provides touch -tone phone #)
(Dial -out is not available for Private mode)
Specify coverage required for talkgroup based upon travel
patterns (see coverage worksheet):
East Region
❑
Pacific Region
Assigned DN
West Region
F-1
Gulf /Inland
$
CONUS
❑
Southeast Region
a
10802 Parkridge Blvd
Reston, VA 20191 -5416
Tel 800.216.6728
Fax 800.455.6543
csrhelp @skyterra.com
Dealer Name Remote Satellite Systems
345A
Dealer Code
contact Phone 707- 545 -8199
Contact Fax 707- 546 -8198
Dial -In Dispatch Access Charge per Month $
Private Mode Access Charge per Month $
Talkgroups are established and paid for by a Talkgroup owner.
As a member of a Shared TG, there may be occasions where the
TG owner will request from SkyTerra, a list of the users on his TG
for verification purposes. We need your authorization to share
the following information with the TG owner, which authorization
will be in effect as long as you are part of the TG and may be
revoked at any time by contacting customer service.
• MT ID /ESN
• DN
• Contact of record name
• Contact or record company I agency name
• Contact phone number
Please check the following box if you do not agree to share your
information. ❑
If you do not agree, please include a separate letter from the TG
owner stating they are aware you are not sharing your
information.
All requests to join a Shared TG must be accompanied by a
permission letter from the TG owner.
Tag Location
Rate Plan Code:
Assigned DN
Monthly Access Charge per Satellite Phone
oa
$ �0
Additional Talkgroup Setup Charge
$
Additional Talkgroup Charge per Month
$
Dial -Out Dispatch Access Charge per Month
a
Dial -In Dispatch Access Charge per Month $
Private Mode Access Charge per Month $
Talkgroups are established and paid for by a Talkgroup owner.
As a member of a Shared TG, there may be occasions where the
TG owner will request from SkyTerra, a list of the users on his TG
for verification purposes. We need your authorization to share
the following information with the TG owner, which authorization
will be in effect as long as you are part of the TG and may be
revoked at any time by contacting customer service.
• MT ID /ESN
• DN
• Contact of record name
• Contact or record company I agency name
• Contact phone number
Please check the following box if you do not agree to share your
information. ❑
If you do not agree, please include a separate letter from the TG
owner stating they are aware you are not sharing your
information.
All requests to join a Shared TG must be accompanied by a
permission letter from the TG owner.
Customer Signature Date "lli CA
(Signature confl s acceptance of all terms, conditions, and applicable charges)
Identification Provided C -DL
Version 3.2 - 01/21109
Fax or email to SkyTerra Customer Service to number or address indicated at top right
Tag Location
TALKGROUP SATELLITE PHONE •- •
Transceiver Unit Serial # (ESN)
Assigned DN
Location /User
2
3
4
5
6
7
8
9
10
Customer Signature Date "lli CA
(Signature confl s acceptance of all terms, conditions, and applicable charges)
Identification Provided C -DL
Version 3.2 - 01/21109
Fax or email to SkyTerra Customer Service to number or address indicated at top right
TERMS AND CONDITIONS- SATELLITE TELEPHONE SERVICE AND SATELLITE DISPATCH SERVICE
This Agreement ("Agreement") is entered into by and between SkyTerra LP ('Skylrerra'y and the individual or entity ("Cuslomee') identified on the reverse of this Agreement and/or on the order form associated with this
Agreement (the "Order Forml This Agreement is effective as of the date the Order Form is signed by Customer and accepted by SkyTerra.
1. SkyTena's responsibility: SkyTem shag provide SkyTem Satellite Telephone Service anxllor Satellite Dispatch Service (the "Service") to Customer in accordance with this Agreement and at the rates and charges shown
on the Order Form.
2. Customers responsibilities: (a) Customer shall:
(1) pay for the Service in accordance with the rates and charges shown on the Order and applicable rate sheet; and
(2) use the Service only for lawhrl purposes and in accordance with these Terms and Conditions and with the rules, policies, and regulations specified by SkyTem andfor the FCC and provided to Customer, 8
(3) use only certified satellite telephones approved by SkyTerra for use with the Service.
(b) Customer represents that (1) the individual whose signature appears on the Order is authorized to sign on behalf Customer and (2)Customer will be responsible for all charges assessed for use of the Service.
3. Term, rates, charges, and payment for the Service: (a) Term, Rates and Charges: This Agreement will remain in effect for an initial term of 12 months and thereafter will continue on a month-toamonth basis until
terminated by either SkyTem or Customer upon 30 days' advance written notice. Customer agrees to pay a 5300 early termination fee per mobile terminal if Customer terminates this Agreement prior to the end of the initial
12 month term. After the end of the initial 12 month term the rates and charges for the Service are subject to change by SkyTem upon thirty (30) days' wrklen notice to Customer.
(b) Payment (1) SkyTem wit invoice Customer monthly in advance for fared, recurring charges and any other non-usage-based fees for Service, and in am ars for usage -based charges.
(2) Invoices shall be payable they (30) days after the date of invoice. All references in this Agreement to "days" mean calendar days. For purposes of computing partial month charges, each day is considered to be 1M
(one - thirtieth) of a month. Payments IN be applied to the earliest outstanding amounts due under this Agreement. Customer shall make payments in accordance with the instructions speed on the invoice. Customers
first invoice may contain charges from a previous billing period for service provided from the date of installation through the current Invoice period.
(3) SkyTem reserves the right to charge Customer, and Customer agrees to pay, a late charge equal to one and one-half percent (1 -12 %) per month on any past due balances.
(4) Customer shall notify SkyTem in writing of any dispute or disagreement with invoiced charges within 30 days after the due dale of the invoice. Thereafter. Customer shall be deemed to have waived its right to dispute
charges. All disputed amounts resolved In Customers favor wit be Credited against amounts owing on subsequent Invoices. (5) SkyTem, as a telecommunicalions carrier, is bound by The Communications Act to protect
the confidentiality of Customer Proprietary Network Information (CPNI) and as such to ensure that m is not knowingly or unknowingly providing CPNI to unauthorized 3i0 parties. Customer understands and agrees that
Customers identity will be authenticated with a password by Sky'rerra before requested call, account or invoice detail wis be provided to them.
(c) Creditworthiness: Provision of the Service is Contingent upon Customers initial and continued creditworthiness, as determined by SkyTem, and Customer authorizes SkyTem to obtain, and agrees to provide to
SkyTerra upon request, such information as SkyTerra may reasonably request from time to time in this regard. Customers whose financial condition has not been established to SkyTem's satisfaction may be required, as a
Condition of receiving the Service, to make and maintain, for as long as Customer is using the Service, a deposit equaling up to six (6) months of actual or estimated charges for services to be provided. Sky'renra may
require a new deposit where previously waived or returned, or an additional deposit, in order to secure payment of current bilings. Security deposits will be applied 'lt necessary to any unpaid balances, and, if unused.
returned to Customer after Customers use of the Service is terminated. Unless otherwise required by law, deposits will not accrue interest while held by SkyTem.
(d) Taxes and Fees: All charges payable under this Agreement are exclusively for the Service provided by SkyTerra and DO NOT include any applicable taxes, fees, surcharges or levies chargeable by any appropriate
governmental entity. Unless Customer has provided SkyTem with an appropriate exemption certificate, Customer is liable for and shall indemnify SkyTem from and against, as taxes, fees, surcharges and levies assessed
by any governmental body and property chargeable to Customer which may be passed directly through to Customer, and for all taxes, lees, surcharges or levies required to be collected by SkyTem on behalf of any
governmental body, and taxable to Customer on behalf of any governmental body, with respect to Sky'rerra's provision of the Service to Customer or relating to Customers use of the Service.
4. Conditions on use of the Service: (a) The Service is provided subject to the availability of capacity on SlkyTerras mobile salelite system. The Service may be temporarily unavailable or limited because of capacity
limitations or emergency pre-emption as required by SkyTerra's FCC authorization and may be temporariy interrupted or curtailed due to modifications, upgrades, repairs, and similar activities of SkyTem as necessary for
the proper or unproved operation of the Service. SkyTerra reserves the right to allocate satellite capacity among all of its users and product lines, including but not limited to Customer and the Service, respectively.
(b) The Service may not be used for unlawful or fraudulent purposes, to make abusive or obscene calls, or to interfere unreasonably with the use by others of the Service or of any of SkyTerra's other mobile satellite
services. In addition to its rights under section 6, SkyTerra reserves the right to suspend Customers use of the Service immediately upon reasonably suspecting that Customer is engaging in unlawful or fraudulent use of the
Service, including but not limited to accessing, sharing, or making connection to SkyTerra facilities by any trick, scheme, false representation, or other fraudulent means or devices.
(c) IMPORTANT: SKYTERRA PROVIDES EMERGENCY REFERRAL SERVICE, ACCESSIBLE BY DIALING "911" ON YOUR SATELLITE TELEPHONE. UNLIKE CELLULAR OR STANDARD TELEPHONE "911"
SERVICE, EMERGENCY REFERRAL SERVICE CALLS ARE ROUTED TO A REPUTABLE AND EXPERIENCED THIRD PARTY REFERRAL SERVICE, WHICH WILL MAKE BEST REASONABLE EFFORTS TO
DETERMINE THE NEAREST PUBLIC SAFETY OR LAW ENFORCEMENT AUTHORITIES AND THEN ROUTE YOUR CALL TO THOSE AUTHORITIES. YOU UNDERSTAND AND ACKNOWLEDGE, BY SIGNING
THE ORDER ON THE REVERSE, THAT SKYTERRA'S RESPONSIBILITY FOR EMERGENCY REFERRAL SERVICE IS LIMITED TO THE ABOVE ACTIONS, AND THAT SKYTERRA WILL IN NO EVENT BE
LIABLE FOR RESPONDING TO EMERGENCY REFERRAL SERVICE CALLS,
(d) Use of the Service is limited to SkyTerra's licensed territories, which are the United States. Puerto Rico, the U.S. Virgin Islands, and 200 miles of U.S. coastal waters, and in other areas whin the coverage of SkyTerra 's
satellite, subject to the approval of local authorities.
(e) Customer acknowledges and agrees that Service will not be initiated by SkyTerra until Customer has provided photo identification, the substance of which has been recorded on this contact face.
(f) Customer acknowledges and agrees that helshe has no proprietary right or ownership of the numbers assigned to Customer for use with the Service or satellite telephones used by Customer.
(g)The Enhanced MSAT -G2 Tracking Service a a partnership between SkyTerra and 3rd Party Application Developers. If a 3rd Party Application Developer defaults in making their application available to SkyTerra and
Customer. SkyTerra will use its best efforts to continue to provide the Enhanced MSAT -G2 Tradung Service Including efforts to transition Customer over to a new 3rd Party Application Provider. The Enhanced MSAT-G2
Tratlting Service is subject to the availability of 3rd Parry Applications and may be terminated without notice.
6. WARRANTY AND LIMIT OF LIABILITY: (a) SkyTerre warrants that the Service will operate In accordance with Its service description when utilized In accordance with SkyTerra's Instructions and
operational procedures. EXCEPT AS STATED N THESE TERMS AND CONDITIONS, SKYTERRA MAKES NO WARRANTY REGARDING THE SERVICE INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE The limitations and disclaimers in this section 5 shall extend to SkyTerra's agents.
(b) SKYTERRA'S LIABILITY IN CONNECTION WITH THE SERVICE SHALL BE LIMITED TO SERVICE CREDITS, IF ANY, GRANTED BY SKY-TERRA. IN NO EVENT WILL SKYTERRA BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, OR FOR ANY LOST PROFITS ARISING OUT OF THE PROVISION, NONPROVISION, OR THE USE OF SERVICE, EVEN IF ADVISED OF
THE POSSIBILITY OF THE SAME.
(c) Without limiting the foregoing, SkyTerra shalt in no event be liable for
(1) Service interruptions or delays, errors, defects or curtailments in Service transmission, or failure to provide Service, when caused by acts of God, fire, war, riots, government authorities, emergency pre- emption. or other
causes beyond Sky'rem's control, including but not limited to the causes described in section 4(a) above; or
(2) the failure of third parties to perform their responsibilities associated with the provision of the Service, for example (but without limitation) emergency services or delivery or quality of calls via the public switched telephone
network, or
(3) any claims arising as a result of unlawful or unauthorized use of SkyTerra's facilities and services or interception of a rail placed over the Service; or
(4) for the provision andfor performance of satellite telephones, or for any defacement or damage to customers vehicle resulting from the installation, existence, or use of satellite telephones in customers vehicle.
(d) SkyTerra will grant service credits as described In subparagraphs (1), (2), and (3) of this paragraph (d) upon Customers request, provided that Customer must request a service credit within 24 hours of the unavaiiability,
impairment, or restriction of the Service.
(1) Where the Service is completely unavailable for a period of four (4) or more consecutive hours in a day. SkyTerra will credit Customer an amount equal to 1/30 of the monthly access fee.
(2) Where the Service remains available but is impaired, or restricted so as to affect adversely Customers use, a credit allowance will be given at the discretion of SkyTem, based on the extent and duration of such
xnpairmenl or restriction.
(3) No service credit will be granted when the Service is unavailable, unpaired, or restricted due to any Condition described in paragraph (c) of this section 5, or f Customer requests a service credit more than 24 hours after
the unavailability, impairment, or restriction of the Service.
Except for the service credits described in this paragraph (d), SkyTerra shall not be liable to Customer for any loss or damage incurred by reason of or Incidental to any delay or interruption of the Service. SkyTerra's liability
for any other damages asserted by Customer shall be imbed to Customers actual, direct damages due to SkyTerra's gross negligence or vrillful acts and shall in no event exceed for any incident the lesser of Charges
actually paid forthe preceding six (6) months of the Service or Ten Thousand Dollars (S10,D00.00), with an aggregate over any twelve (12) month period not exceeding Filly Thousand Dollars ($50,000.00).
(e) Customer recognizes final SkyTem may from time to time obtain satellite Capacity for Customer from SkyTerra (Canada) Inc. ("SkyTem Canada"), the authorized provider of mobile satellite service in Canada. Customer
agrees that, in such event, SkyTerra Canada and its officers. directors, employees, shareholders, partners, investors and agents shall not be liable, for any reason whatsoever, whether in Contract or tort or under any other
theory of law, for damages related in any way to the provision of the Service hereunder arising out of an act or omission of SkyTerra Canada or resulting from the use of services under this Agreement, including but not
limited to any fault in SkyTerra Canada's mobile satellite which results in failure to establish service, delays, in-service interruption, degradation or loss or distortion of services.
6. Suspension and/or termination of Service* (a) SkyTerra may suspend Customers use of the Service and/or terminate this agreement upon notice to Customer if Customer is in default of this Agreement, or if SkyTerra
reasonably suspects Customers usage of the Service is illegal or may cause damage to its Network. A "default' means:
(1) Customer has failed to pay any sum due to Sky-rem under this or any agreement between SkyTem and Customer within 10 days of notice from SkyTem that the sum is unpaid: or
(2) Customer has vioiated any of the provisions of this Agreement, including any rule, policy, or regulation provided to Customer by SkyTerra pursuant to this Agreement and tailed to coma such violation within 10 days
after notice from SkyTem, or such other period as SkyTerra may specify; or
(3) SkyTerra has reason to believe that Customer is about to go out of business or that bankruptcy is imminent.
(b) It SkyTerra takes any action to collect any unpaid balance due from Customer, and SkyTerra is awarded any amount or portion of the amount alleged to be due under such action, SkyTem shall be enthed to recover
from Customer all reasonable costs of Collection incurred by SkyTerra, including reasonable attorney's fees and litigation expenses.
(c) It SkyTerra suspends or terminates the Service pursuant to this section 6. Customer shall pay to SkyTerra all applicable charges under this Agreement due up to and including the date of termination.
7. General: (a) Assignment: Customer may not assign this Agreement, nor any of its rights and obligations hereunder, to any other person, firm, agency. Corporation or other legal entity without the prior written approval of
SkyTerra.
(b) Successors and assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their permitted assigns. This Agreement is entered into solely for the benefit of such parties.
Nothing herein contained will be deemed to create any third party beneficiaries or corder any benefit or rights on or to any person not a party hereto, and no person not a party hereto shall be enticed to enforce any
provisions hereof or exercise any rights hereunder.
(e) Applicable Law. To the extent not GOVERNED by Federal law, this agreement shall be governed by and enforced in accordance with the laws of the Commonwealth of Virginia, without giving effect to principles of
conflicts of law thereof, and customer consents to the jurisdiction of the Circuit Court of Fairfax County, Virginia, or of the U.S. District Court for the Eastern District of Virginia.
(d) Waiver and severability'
(1) Neither the waiver by either of the parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure of either of the parties, on one or more occasions, to enforce any of the provisions
of tus Agreement or to exercise any fight or privilege hereunder shall thereafter be construed as a waiver of any subsequent breach of defaut of a similar nature, or as a waiver of any provisions, rights, or privileges
hereunder.
(2) In the event that any one or more of the provisions of this Agreement shall be held by a Court of Competent jurisdiction to be invalid or unenforceable in any respect, such invalidity and unenformabiity, shall not affect any
other provision of this Agreement.
(e) Notices: All notices from either party to the other shall be sent by cendiied mail, postage prepaid, to the other party at the addresses staled on the reverse of this Agreement. SkyTem may also include notices in any
invoice rendered pursuant to this Agreement.
(f) Entire agreement. This Agreement, and the Order shown on the reverse hereof, represent the entire agreement of Sky-rem and Customer regarding the provision, use and payment for the Service, and they supersede
all other proposals, negotiations, or agreements, whether written or oral, regarding the Service. This agreement may not be amended except in a written amendment signed by the authorized representatives of the parries.
Customer may issue purchase orders using its own purchase order forms and Customer agrees that its purchase order or other acceptance is expressly limited to the terms of this Agreement and SkyTerra objects to any
additional or different terms in customers purchase order or acceptance; and any additional or different terms in the purchase older or acceptance shall be of no effect
Version 10.2 — 0121x09