PowerTechCS Terms & Conditions
Please read these Terms& Conditions (“Terms”) carefully as they govern your use of the Subscription Service. By accepting these Terms,either by clicking a box indicating your acceptance orotherwise using the Subscription Services, you agree to these Terms.If you are accepting these Terms onbehalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to theseTerms, in which case the term “End User” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with theseTerms, you must not accept these Terms andmay not use theSubscription Services.
By purchasing the Subscription Service online, the End User represents that they are at least 18 years old and are not a person barred from receivingservices under the laws of the United States or other applicable jurisdiction. The End User must: (a) provide true, accurate,current and complete information about themselves as prompted by the Service's registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. The End User may receive or create a password and account designation upon completing the registration process. The End User is responsible for maintaining the confidentiality of the password and accountdesignation, and is fully responsible for all activities that occur under the password or account.
The Service includes satellite and/or cellular communication between theCS Platform 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. The Service also includes access to Support during the Contract Period[, as further described at [https://sirenhelp.zendesk.com/hc/en-us], free software upgrades, as well as the right to use any software included in the Service.
The Service and any necessary softwareand hardwareused in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The Serviceand any related or underlying softwareand hardwareshall remain the sole property of the Service Provideror PowerTechand by registering for the Service and paying the Service Charge the End User acquires a limited right to access and use the Service in accordance with these Terms and any other terms, conditions or policies referred to herein.
Accordingly, the End User agrees that Service Provider’s obligations to provide the Service to End User is subject to each of the following:
In connection with any adverse effect on the quality and availability of the Siren Marine Service described above, neither the ServiceProvider,any Communications Provideror Distributorshall 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.
A minimum service fee of US $100.00 will be charged for each SIM replacement. In the event theCSPlatformDevice and/or its internal SIM card are lost or stolen, the End User shall immediately notify the ServiceProvider. 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 theCSPlatformDevice and/or the SIM card.
Service Provider will not deactivate any Iridium satellite communication services provided by Service Provider without giving the End User thirty (30) days’ prior written notice.
7. Service Charges: The End User is required to pay the Service Charge promptly during the Contract Period or for as long as the Service Subscription is in effect. The Service Charge is automatically billed to the End User’s credit card on the monthly or yearly anniversary of the Service Subscription throughout the Contract Period (the “Billing Cycle”). The End User is required to maintain and enter valid credit card information through the Siren Marine Web Portal, a Distributor’s web portal approved by the Service Provider, or such other method approved by the Service Provider, and the Service Charge will be billed and charged to such credit card each month or year thereafter until the Service Subscription is terminated. Upon the End User’s failure to pay the Service Charge when due, the Service Provider reserves the right to limit or terminate the End User’s use of the Service and/or to terminate the Service Subscription, and the End User shall remain liable to pay the Early Termination Fee. The End User may terminate the Subscription Service at the end of a Contract Period as described below. The Service Provider further reserves the right to adjust prices,terms and conditions as determined by the Service Provider in its sole discretion, including adjustments to the prices, terms and conditions required by a Communications Provider. The Service Provider may not change a Service Charge during the initial Contract Period. The Service Provider shall provide to the End User a minimum of one (1) months’ notice before any changes to any Service Fee go into effect. The Service Provider may change these Terms and Conditions so End Users are encouraged to review these Terms periodically.
Service Provider must be notified of any billing problems or discrepancies within 90 days after they first appear on the End User’s account statement. Failure to notify Service Provider within suchtime period constitutes a waiver of any right dispute such problems or discrepancies. All currency references are in U.S. dollars. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. All payments are non-refundable. The End User, and not the Service Provider, is responsible for any such taxes, levies, or duties related to your transactions, excluding only our United States federal or state income taxes.
8. Early Termination Fee: The Service Subscription may be terminated before the expiration date of the Contract Period, upon payment to Service Provider of the Early Termination Fee.
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:
Siren Marine, LLC
221 Third Street #200
Newport, RI 02840
Attn: Sales Support
Fax: (855) 757-4736
Such termination of the Service 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. Disclaimer of Warranties: USE OF THE SERVICE IS AT THE END USER’S SOLE RISK.THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SERVICE PROVIDERAND DISTRIBUTORSEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICE PROVIDER MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET THE END USER’S REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) ANY ERRORS IN THE UNDERLYING SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE END USER FROM THE SERVICE PROVIDER, DISTRIBUTOROR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
IN NO EVENT SHALL THE SERVICE PROVIDER,ANY COMMUNICATIONS PROVIDER OR DISTRIBUTOR BE LIABLE TO THE END USER OR ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE ORENHANCED 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 THECS PLATFORM 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. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE SERVICE PROVIDER’S OR DISTRIBUTOR’S LIABILITY FOR DAMAGES RELATING TO THE END USER’S USE OF (OR INABILITY TO USE) THE SERVICE EXCEED THE AMOUNT PAID BY THE END USER FOR THE USE OF THE SERVICE DURING THE CONTRACT PERIOD IN WHICH THE DAMAGES ARE INCURRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.