Globalstar Europe Terms and Conditions

AA-00281

Please note that by  using the Globalstar Service these terms and conditions shall be deemed to have  been accepted by Customer.
 
    1 GENERAL

 
    1.1 Definitions:

  • "Agreement" means the completed Service Application Form and any Customer  details provided therein, these terms and conditions, and the current GESS  Pricing Plan;
  •  
  • "Apparatus" means any hardware or software supplied by GESS to Customer  pursuant to this Agreement;
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  • "Consumer" means any natural person who is acting for purposes which are  outside their business and to whom the Consumer Protection (Distance Selling)  Regulations 2000 apply;
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  • "Customer" means the customer of GESS whose details appear in the Service  Application Form;
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  • "Customer Personal Information" means any personal information relating to  individuals submitted by Customer in the Service Application Form, the  processing of which is governed by the Data Protection Act 1998;
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  • "Euros" means the lawful currency of the European Monetary Union;
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  • "GESS" means Globalstar Europe Satellite Services Ltd;
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  • "GESS Pricing Plan" means a list of the charges associated with the  Globalstar Service, as varied from time to time by GESS, a copy of which can be  found on the GESS website at www.globalstar.com/europe;
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  • "Globalstar Phone" means personal communications equipment which  have been certified and type-approved by GESS for use with the Globalstar  Service, including without limitation mobile handsets, SIM cards, fixed units,  car kits, phone booths or other third-party vendor-modified units;
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  • "Globalstar Service" means transmission and/or reception services  using the Globalstar System, which include voice transmission and reception  services and, as may become available, data, messaging, facsimile and paging  transmission and reception services, and position location services;
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  • "Globalstar System" means the low-earth orbit satellite-based  telecommunications system operated by GESS and its affiliates,
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  • "Home Territory" means the territory in which the Customer shall  be billed according to the Home Territory charging rates set out in the GESS  Pricing Plan;
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  • "Initial Term" means a period of twelve months (or any other  period agreed in writing between Customer and GESS) from the day on which the  Globalstar Service is first made available to Customer;
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  • "Service Application Form" means the service application form signed by  Customer;
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  • "System Access Fee" has the meaning given to it in paragraph 4.2  below.


  1.2 This Agreement:
This Agreement comprises the completed Service Application Form  and any Customer details provided therein, these terms and conditions, and the  current GESS Pricing Plan and the terms, conditions and recommendations of any  other material distributed by GESS in connection with the provision of the  Globalstar Service to the Customer contemplated hereby. The GESS Pricing Plan  contains explanations, definitions, notes and conditions that form part of this  Agreement, and copies can be obtained by calling the Globalstar customer  services number which appears on your monthly invoice. GESS shall not be bound  by Customer's terms and conditions in Customer's purchase order or elsewhere.
 
    1.3 Amendment:

  (a) GESS reserves the right to modify the terms and conditions of this  Agreement, including but not limited to the GESS Pricing Plan, at any time.
  (b) GESS reserves the right to vary the technical specification of the  Globalstar Service or Globalstar System from time to time.
  (c) If GESS changes this Agreement to Customer's material disadvantage (in the  reasonable opinion of GESS) GESS will give Customer 30 days notice in writing  before the changes take place, or as much notice as is practically possible if  the changes are required to be made sooner by circumstances outside the control  of GESS. This paragraph 1.3(a) shall not apply to changes to the GESS Pricing  Plan which shall be deemed to be notified to Customer by GESS making it  available on the GESS website at www.globalstar.com/europe.
 
 
    2 GLOBALSTAR SERVICE

 
    2.1 Commencement:
This Agreement is entered into between GESS and Customer,  subject to the acceptance by GESS of the order contained in the Customer's  Service Application Form and the connection of the Customer to the Globalstar  System. Upon connection of the Customer to the Globalstar System and/or  activation of the Customer's account, and subject to the terms and conditions  of this Agreement, GESS shall provide to Customer the Globalstar Service.
 
 
    3 CONDITIONS ON USE OF THE GLOBALSTAR SERVICE:

 
    3.1 Customer Representations:
The individual entering into this Agreement  with GESS represents and warrants that, to the extent they are acting as an  agent or representative of a third party, that they have the express authority  to enter into this Agreement on behalf of Customer. In the event of a breach of  this representation, the person entering into this Agreement will be  responsible for all obligations of Customer hereunder.
 
    3.2 Credit References; Deposit:
GESS may use information supplied by  Customer to obtain trade references and/or search the files of credit reference  agencies, as GESS deems necessary in its sole discretion. Based on this  information, and other information GESS deems relevant to Customer's  creditworthiness, including without limitation payment history and/or usage  patterns, GESS may require Customer to make a deposit as a payment guarantee.  Such deposit shall be subject to any such increase as GESS may deem necessary  from time to time and shall not accrue interest unless required by law. GESS  will refund Customer's deposit minus any outstanding charges owed by Customer  to GESS upon termination of service or, after 12 months from the date the  deposit was made, if Customer requests a refund and a credit review  satisfactory to GESS (in its sole discretion) is achieved. If GESS refunds the  deposit to Customer, said refund will be sent in the form of a cheque to  Customer by first class mail to Customer's last known address. At GESS's sole  discretion, Customer may receive Globalstar Service prior to a credit review  without waiving GESS's right to demand a security deposit from Customer.
 
    3.3 Home Territory:
For purposes of providing the Globalstar Service  contemplated in this Agreement, Customer's Home Territory is Globalstar Europe  Home Zone, as defined from time to time on the GESS website at  www.globalstar.com/europe.
 
    3.4 Transmission and Capacity Limitations:
GESS shall perform its  obligations in this Agreement with the reasonable skill and care of a competent  satellite telecommunications services provider. Customer acknowledges that: the  Globalstar Service is provided subject to the availability of capacity on the  Globalstar System which is limited due to the space technology involved and  scarcity of assigned radio spectrum; and that the Globalstar Service may become  unavailable or limited because of capacity limitations or emergency pre-emption  as required by governmental authorities who have jurisdiction over the  Globalstar System, and may be interrupted or curtailed due to modifications, upgrades,  repairs, and similar activities of GESS, Globalstar, L.P., or other Globalstar  System providers. Globalstar, L.P. has reserved the right to allocate satellite  capacity among all users of the Globalstar System, including but not limited to  GESS, the Customer and the Globalstar Service, respectively.
  3.5 Customer further acknowledges that the Globalstar Service is also subject  to transmission and reception limitations caused by:
  (a) service area limitations, including without limitation topographical  conditions, whether man made or natural that obstruct the line of transmission  between the user and the Globalstar System satellites;
  (b) the condition of the Globalstar System equipment operated by Customer;
  (c) the condition of Customer's Globalstar phone;
  (d) Acts of God, including without limitation weather conditions, atmospheric  conditions (i.e., space debris, solar flares, and other atmospheric anomalies  or disturbances), magnetic interference, environmental and topographic  conditions and other like conditions.
 
    3.6 Globalstar Service Only:
Customer understands and acknowledges that  GESS does not provide any service other than the Globalstar Service (subject to  the terms of this Agreement), including without limitation, any terrestrial  cellular or PCS service. In the event that Customer elects to utilize any  service other than the Globalstar Service including (where available) Quick  Locate Internet service, in connection with its use of the Globalstar Phone,  Customer understands and acknowledges that GESS 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  and the Globalstar Service. Cellular service, provisioning, billing and any  issues relating to the use and operation of the Globalstar Phone on any  terrestrial cellular, personal communications service (PCS) or similar network  is the responsibility of Customer.
 
    3.7 Equipment:
Customer shall use only a Globalstar Phone in connection  with its use of the Globalstar Service.
 
    3.8 Privacy:

  (a) Customer acknowledges and agrees that because the Globalstar Service  involves radio technology, voice and data communications transmitted over the  Globalstar System may not be completely private.
  (b) Customer consents to GESS monitoring and recording Customer's calls to GESS  in order for quality control, training and the lawful business purposes of  GESS.
  (c) GESS respects the personal privacy of individuals and takes steps to ensure  it meets privacy principles and requirements with respect to personal  information under applicable European Community and national privacy  legislation. By entering into this Agreement Customer acknowledges and agrees  that where the Customer is an individual:
  (i) Customer Personal Information may be passed to other companies in the  Globalstar group of companies, insurers, credit reference agencies  ("CRAs") and fraud prevention agencies;
  (ii) Customer Personal Information may be used to carry out "know your  client" procedures, help make credit decisions about Customer, for fraud  prevention, and to administer the agreement and the services provided;
  (iii) GESS may use Customer Personal Information to search Customer records at  one or more CRAs, who may add to their record details of GESS's search;
  (iv) details of this Agreement and Customer's payment history may be added to  Customer's records at the CRAs, and can then be used by GESS and other  organizations to make credit assessments in the future;
  (v) a joint application, and any reference in Customers application to a  business or financial partner, may result in the CRAs associating Customer with  the other party when future applications by either of them are considered;
  (vi) GESS may use a credit scoring or other automated decision-making system  when assessing Customer's application;
  (vii) any person whose information is disclosed by Customer in the Service  Application Form has consented to its use as set out above, and Customer will  indemnify GESS against any loss suffered by GESS due to a failure by Customer  to obtain such consents.
  (d) Where the Customer is an individual, if Customer wishes to know which  credit reference agencies have been supplied with Customer Personal Information  or further information about how that Customer Personal Information are used,  or Customer would like a copy of the Customer Personal Information GESS holds  (a small fee may apply), write to: The Data Protection Controller, Globalstar  Europe Satellite Services Limited, Unit 7, Ballinteer Business Centre,  Ballinteer Avenue, Dublin 16, Ireland.
  (e) Further details of GESS privacy policy can be found at  www.globalstar.com/europe.
 
    3.9 Abuse and Fraudulent Use:
Neither the Globalstar Service nor any other  means of communication may be used
  (a) 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
  (b) for any purpose in violation of law, or
  (c) in any manner which interferes unreasonably with the use of the Globalstar  Service by any other customer or with GESS's reasonable ability to provide  service to others. Failure to adhere to these regulations may result in  termination of the Globalstar Service by GESS.
 
    3.10 Effect of Regulatory Authority Affecting this Agreement:
Customer  agrees that, to the extent the terms of this Agreement are changed to give  effect to rules adopted by governmental entities, such change(s) does not  constitute a repudiation or breach of this Agreement by GESS, and Customer  agrees to act in conformity with such rules as they may affect his/her  performance under this Agreement.
 
    3.11 Telephone Numbers:
A telephone number may not appear in more than one  Globalstar Phone. Customer has no property right in any assigned telephone  number, and none can be acquired by usage or otherwise. GESS reserves the right  to assign, designate, or change any such telephone number when reasonably necessary  in the conduct of its business. Any telephone number used by a Customer whose  service is deactivated may be reassigned immediately upon the discontinuance of  service.
 
    3.12 Designation of Authorized User(s):
A customer may notify GESS at  anytime of Customer's choice to designate an authorized user(s) on the account.  Customer gives GESS permission to
  (a) provide account information and services directly to such user(s) to the  extent such information and services would otherwise be available to Customer,  and
  (b) make changes to Customer's account as may be requested by such user 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 GESS.
 
    3.13 Service Orders:
Orders including those which involve the start, a  change, or the discontinuance of the Globalstar Service will be accepted by  GESS only from Customer or a representative of Customer whose authority is  confirmed in accordance with GESS's procedures prior to the action desired.
 
    3.14 Customer Contact:
Customer expressly grants GESS the right to contact  Customer by calling Customer's telephone number or by leaving a recorded  message on Customer's voice mail. Customer grants GESS the right to examine  detailed records of calls made and received by Customer in order to locate  Customer or to otherwise exercise GESS's rights under this Agreement.
 
    3.15 Toll-Free Calls:
Customer understands and acknowledges that the  Globalstar Service is unlikely to be able to route calls to toll-free numbers.
 
    3.16 Loss of Globalstar Phone or SIM card:
In the event Customer's  Globalstar Phone or SIM card is lost, stolen, or otherwise absent from the  Customer's possession or control, Customer shall be liable for any or 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 GESS  and for 2 hours thereafter. Customer shall provide a police report of such loss  or theft upon GESS's request. Thereafter, Customer shall not use the telephone  number assigned to Customer's Globalstar Phone until Customer gives GESS notice  that such Globalstar Phone 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. Customer shall be liable for any airtime from lost or  stolen SIM cards purchased by the customer.
 
    3.17 Provision of Information by Customer:
Customer shall inform GESS  immediately of any change to the details provided by Customer in the Service  Application Form, including without limitation the Customer address details,  contact details and credit card details.
 
 
  4 RATES, BILLING AND PAYMENT:
 
    4.1 Rates:
Applicable rates and charges for the Home Territory are  indicated in GESS's Pricing Plan as varied from time to time by GESS, and  service options selected by Customer. Such rates and charges apply only to  service provided by GESS within the Home Territory, and charges may vary for  roaming in other territories served by the Globalstar System. All other  charges, features (even if one or more features were 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 reasonable notice. Customer understands and  acknowledges that the rates being charged under this Agreement may include  discounts in consideration of the number of Customer Globalstar Phones in  active use by the Customer. Customer agrees that GESS may discontinue such  discounts should the number of lines in active use by the Customer fall below  the number required for the granting of such discounts.
 
    4.2 System Access Fee:
The System Access Fee is a monthly or annual charge  of a set amount that applies to all service plans offered by GESS. The System  Access Fee is intended to compensate GESS for general costs incurred by it in  providing access to the Globalstar Service by customers, including without  limitation network management costs, network maintenance costs, replacement  network equipment, technology licensing costs, licensing fees payable to  regulatory agencies and telecommunications contribution charges. GESS advises  Customer, and Customer acknowledges and agrees, that any representation to  Customer by any person, including a sales agent or customer service  representative of GESS, that the System Access Fee is applied only to licensing  fees payable to regulatory agencies, or to fees payable to government  authorities generally, would be incorrect.
 
    4.3 Billing:

  (a) For both Pre-Paid and Post paid voice calls, chargeable time for calls  originated by Customer's Globalstar Phone begins when a connection is established  to a Globalstar System facility and ends when the Globalstar Phone 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.   For both Pre-Paid and Post paid data calls, chargeable  time for calls originated by Customer's Globalstar Phone begins as soon as the  data number is dialed (i.e. the “handshake” process is chargeable time).  Chargeable time ends for both Pre-Paid and  Post paid data calls when the Globalstar Phone disconnects from a Globalstar  System facility (i.e., a few seconds after Customer sends an END command to the  Globalstar System).
  (b) Applicable Chargeable time for calls received by Customer's Globalstar  Phone begins when a connection is established between a Globalstar System  facility and the Globalstar Phone, provided the call is answered, and ends when  the Globalstar Phone disconnects (i.e. a few seconds after Customer sends an  END command to the Globalstar System).
  (c)  Post Paid calls are billed in fractions of  minutes (e.g. a one minute and fifteen second call would be billed as 1.25  minutes).  Pre-Paid calls are billed in  minute increments only (e.g. a sixty-one second call would be billed as 2.00  minutes).
  (d) For post paid customers, if the Customer has selected a rate plan with  "Bundled Minutes":
  (i) if the Customer has selected a rate plan other than a Liberty Plan those  Bundled Minutes will be applied to the Home Territory airtime used in the  earliest part of each monthly billing cycle and 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; and
  (ii) if the Customer has selected a Liberty Plan then the "Bundled  Minutes" included in that plan may be used at any time in the twelve month  period subsequent to the date of commencement of this Agreement; and
  (iii) charges additional to those already paid for "Bundled Minutes"  will be payable by Customer in respect of (a) additional local airtime if  "Bundled Minutes" exceeded (b) roaming calls (c) long distance calls  (d) call forwarding services.
  (e) Bills for post paid charges payable by Customer will generally be produced  monthly. Monthly billing periods do not necessarily correspond to calendar  months, and they may vary in length from approximately 28 to approximately 32  days. GESS may change its billing procedures from time to time, and GESS may  bill Customer more often than monthly if Customer files for (or is otherwise  compelled to seek) bankruptcy protection or if GESS determines that there is a  risk of Customer non-payment which may be indicated by, among other things,  above-normal Customer usage of the Globalstar Service or non-payment of a prior  bills when such bill was due and payable.
  (f) Globalstar shall send Customer a invoice shortly after the expiry of the  relevant billing period. Customer agrees to review his/her GESS invoice to  verify accuracy as soon as reasonably possible after receipt (and in any event  no later than 30 days after receipt) and notify GESS promptly of any  discrepancies.
  (g) Applicable local and foreign taxes, fees and surcharges, including (where  applicable) VAT, will be added to post paid Customer's monthly bill.
  (h) Customers paying by credit card hereby authorise GESS to charge their  credit card with the amounts invoiced to them by GESS thirty days after the  date of each invoice, using the credit card details provided by Customer in the  Service Application Form.
  (i)  Pre-Paid customers with a Personal Pre-Paid Card  may purchase additional minutes for their account by dialing into the GESS  Interactive Voice Response (IVR) system from their Globalstar handset or a  landline phone and paying by credit card.
  (j)  Pre-Paid customers using scratch-off cards  must purchase a new scratch-off card from their GESS reseller in order to  acquire additional minutes of use.
 
    4.4 Responsibility for Payment:
Term and Post paid Customer is responsible  for the payment of charges for all services furnished to Customer under this  Agreement, including, but not limited to, all calls originated by or completed  to Customer's Globalstar Phone, and for the payment of all charges billed to  Customer's access number, including toll, land, long distance and roaming  charges, if applicable.
  4.5 Payment methods: Customer may pay their bill by credit card. Other payment  methods may be introduced by GESS in due course.
 
    4.6 Interest:
Payments received after the due date on the bill may incur a  2.0% per month (or if less the maximum rate allowed by law) late payment charge  on the past due amount.
 
    4.7 Rejection of payment:
If payment is returned or rejected by a bank or  other financial institution for any reason (e.g. over the credit limit or  expired date on credit card), then Customer shall pay a 25 euro return or  rejection charge (or GESS's most recent fee then in effect).
 
    4.8 Overdue accounts:
Customer authorizes GESS to refer its account, if  past due, to lawyers and/or collection agencies for further action. Customer  shall also pay any and all costs, fees and expenses that GESS incurs to collect  any overdue charges from Customer, including without limitation all court  costs, lawyers fees and collection agency fees and commissions as allowed by  law. GESS reserves the right to interrupt service at any time without notice  and require accelerated interim payments in the event that:
  (a) payment is not received by the invoice due date, or
  (b) GESS deems Customer's usage unusual or excessive in relation to Customer's  security deposit, credit limit and/or normal usage patterns, as GESS may  determine in its sole discretion from time to time, or
  (c) Customer's payment is returned or rejected as described above. In the event  of service interruption, monthly services will continue to be billed and  customer shall be responsible for all charges accrued while the use of the  phone is restricted by GESS.
 
 
    5 TERM AND TERMINATION

 
    5.1 Term:
This Agreement shall continue for the Initial Term, unless sooner  terminated pursuant hereto, or unless extended by Customer to obtain new,  additional or different benefits. On expiry of the Initial Term this Agreement  shall automatically extend thereafter on a month to month basis until Customer  gives GESS 30 days' prior written notice of termination or the Agreement is  otherwise terminated pursuant to its terms.
 
    5.2 Termination:

  (a) Subject to paragraph 9 below, if during the Initial Term this Agreement is  terminated by Customer for any reason, or terminated by GESS for cause then  Customer will pay an early termination fee of 250 euros or GESS's most recent  deactivation fee (whichever is greater). After the Initial Term (i.e. during a  month to month basis of service) if this Agreement is terminated by GESS for  cause an administration fee of 75 euros or GESS's most recent administration  fee will be charged (whichever is greater). If a Customer activates on any  Liberty Plan, the customer will not be penalized for terminating their contract  before the end of their contract, however they will not be reimbursed for the  remaining months on their contract.
  (b) Upon non-payment of any sum due to GESS, or upon any violation of the  terms, conditions, laws, rules or regulations governing the use of service,  GESS may, by a notice in writing (which notice shall be deemed given 5 days  after it is placed in first class mail addressed to Customer's last known address,  or immediately if Customer files for, or is compelled to seek, bankruptcy  protection) and without incurring any liability, either refuse, reduce or  temporarily or permanently terminate service (including associated roaming,  long distance and international direct dialing services) to Customer. In  addition, the Globalstar Service may be refused, reduced or temporarily or  permanently terminated by GESS without notice and without incurring any  liability if
  (c) GESS has not received Customer's first payment by the due date on  Customer's first bill; or
  (d) GESS is informed that the Globalstar Service is being used by Customer in a  manner which might adversely affect GESS's service to others; or
  (e) GESS receives from a law enforcement agency a written finding, signed by a  person of appropriate seniority, that probable cause exists to believe
  (i) that Customer has used or will use the Globalstar Service in violation of  or to violate the law, and
  (ii) that the character of Customer's use of the Globalstar Service is such  that immediate action is required to protect the public's health, safety or  welfare; or
  (f) the ESN/mobile number combination utilized by Customer is determined by  GESS to have been duplicated or otherwise to be associated or potentially associated  with the fraudulent use of service; or
  (g) GESS is requested by a customer or by another service provider to deny  service to a Globalstar Phone which was reported to be lost or stolen, or GESS  is requested by another service provider to deny service to a Globalstar Phone  determined to be associated or potentially associated with the fraudulent use  of service or disconnected from service for non-payment of, or owing unpaid,  service charges; or
  (h) GESS determines that Customer's application for the Globalstar Service  included information that was fraudulent, false or incomplete; or
  (i) Customer uses equipment either not authorized by or on record with GESS; or
  (j) occurrence of any other event of default.
 
    5.3 Change of plan:
If a Customer switches from a higher rate plan to a  lower rate plan there will be a 50 euro change fee or GESS's most recent change  fee and the customer will begin a new 1 year term on the first day of the new  rate plan.
 
    5.4 Reactivation:
If Globalstar Service is interrupted for non-payment GESS  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 a service restoration charge of 25 euros or GESS's most recent restoration  fee then in effect (whichever is the greater). A deposit may be also required  based on the Customer's payment history.
 
    5.5 All rights reserved:
In addition to the rights contained herein, GESS  reserves the right to pursue any other remedy at law or in equity. All rights  and remedies granted to GESS are cumulative and not alternate, and GESS's  failure to exercise any right or remedy shall not constitute a waiver of such  right or remedy or of any future default by Customer.
 
 
    6 LIMITATIONS OF LIABILITY:

 
    6.1
GESS has no liability to Customer in the provision of the Globalstar  Services other than the duty to exercise the reasonable skill and care of a  competent satellite telecommunications services provider.
 
    6.2
Neither GESS nor its employees, directors, officers or agents shall be  liable for any act or omission to the extent not attributable to GESS 's  personnel or ground equipment, and GESS 's liability for any negligent act or  omission resulting in any interruption, delay, defect or error in service shall  in no event exceed the proportional charges to Customer for the period of the  service interruption or defect.
 
    6.3
GESS shall have no liability whatsoever for:
  (a) interruptions or defects in service which affect customer for less than 72  continuous hours; or
  (b) any of the limitations of service referred to in paragraph 3 above  "Conditions on Use of the Globalstar Service"; or
  (c) any indirect, special, incidental or consequential damages, losses or  injuries.
 
 
    6.4 Roaming:

  (a) When roaming outside the Home Territory, Customer is also subject to the  limitations of liability that the Globalstar System provider in that territory  imposes upon its customers. Customer must abide by all regulatory provisions  while operating equipment connected to the Globalstar System in that country.
  (b) Customer understands that a Globalstar System provider outside the Home  Territory may bill airtime differently than GESS and that the services  available in one territory may vary considerably from the services available in  the home territory.
  (c) Customer agrees that while customer roams, Customer accepts services  provided by the Globalstar System provider in such territory on an  "as-is", "where-is" basis, without warranty of any kind.
  (d) Customer understands that the roaming indicator on Customer's Globalstar  Phone may not always represent home/roam territory.
  (e) When travelling 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.
 
    6.5 Matters outside control of GESS:
GESS shall not be liable for any  matter outside the reasonable control of GESS including, without limitation,  acts of God, acts of Government, acts of a relevant regulatory authority, other  providers of telecommunications services, war or national emergency, riots,  civil commotion, fire, explosion, flood, epidemics, floods and industrial  disputes (whether or not relating to GESS's workforce).
 
    6.6 Nothing in this Agreement shall exclude or restrict any liability of GESS:

  (a) for death or personal injury resulting from negligence;
  (b) for fraud or fraudulent misrepresentation;
  (c) which cannot be excluded or restricted by law.
 
    6.7 Severability:
Each provision of this paragraph 6 shall operate  independently, and if any part is found by a Court of competent jurisdiction to  be unreasonable or inapplicable the other parts shall continue to apply to the  maximum extent permitted by law.
 
 
    7 CUSTOMER INDEMNITY

 
  7.1 Customer agrees to indemnify, hold harmless, and defend GESS against  any claims relating to Customer's misuse of the Globalstar Service or  Globalstar Phone or other equipment used in connection with the Globalstar  Service. Customer agrees to reimburse GESS for any and all costs and reasonable  lawyers' fees incurred by GESS in defending any claims relating to Customer's  misuse of the Globalstar Service or the Globalstar Phone or other equipment  used in connection with the Globalstar Service.
 
 
    8 EXPORT CONTROL

  8.1 Delivery of any Apparatus by GESS to Customer is pursuance of this  Agreement may be subject to export control law and regulations. GESS does not  represent that any necessary approvals and licences have been obtained or will  be granted
 
    8.2
Customer agrees to comply with any applicable export or re-export laws,  regulations, prohibitions or embargoes of any country, including obtaining  written authority from any relevant licensing authority where necessary.
 
    8.3
In the event that Customer procures any Apparatus from GESS, Customer  undertakes that:
  (a) Customer (or its employees and/or directors) will be the end-user of the  Apparatus and further certifies that Customer (or, where relevant, its  employees and/or directors) shall use the Apparatus only for the purposes of using  the Globalstar Service in order to perform every day tasks;
  (b) the Apparatus will not be used for any purpose connected with chemical,  biological or nuclear weapons, or missiles capable of delivering such weapons;  that the Apparatus will not be re-exported or otherwise re-sold or transferred  if it is known or suspected that they are intended or likely to be used for  such purposes;
  (c) the Apparatus, or any replica of them, will not be used in any nuclear  explosive activity or nuclear fuel cycle activity; and Customer agrees to sign  a formal "End-User Undertaking" in a format specified by the United  Kingdom Department of Trade and Industry if requested to do so by GESS.
 
 
    9 DISTANCE SELLING - RIGHTS OF CONSUMER TO CANCEL AGREEMENT:


  9.1 Where Customer is a Consumer, and this Agreement is concluded other  than face to face with a representative of GESS, its dealers or agents,  Customer may cancel this Agreement up to the time GESS begins to provide  services under this Agreement by sending written notice to GESS at Globalstar  Europe Satellite Services Limited, Unit 7, Ballinteer Business Centre,  Ballinteer Avenue, Dublin 16, Ireland.
 
    9.2
Customer does not need to give GESS any reason for cancelling this  Agreement pursuant to paragraph 9.1 above nor will Customer have to pay any  penalty in respect of such cancellation.
 
 
    10 GENERAL

 
    10.1 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 approval of GESS.
 
    10.2 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  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 hereto shall be entitled to enforce any provisions hereof or  exercise any rights hereunder.
 
    10.3 Governing Law:
This Agreement is governed by the law of England and  the parties submit to the non-exclusive jurisdiction of the Courts of England.
 
    10.4 Waiver and Severability:

  (a) Neither the waiver by either of the parties hereto of a breach of or a  default under any of the terms and conditions of the 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 hereunder.
  (b) In the event that any one or more of the provisions of the terms and  conditions of this Agreement shall be held by a court of competent jurisdiction  to be invalid or unenforceable in any respect, such invalidity and  unenforceability shall not affect any other provision of this Agreement.
 
    10.5 Notice:
In the event Customer desires to provide written notice to  GESS, as required by any of the terms and conditions herein or for any other  reason, including any communication from Customer regarding disputed debts, and  any instrument tendered as full satisfaction of a debt must be sent by registered  mail to: Globalstar Europe Satellite Services Limited, Unit 10, The Hyde  Building, The Park, Carrickmines, Dublin 16, Ireland.
 
    10.6 Third Party Rights:
Nothing in this Agreement is intended to confer  upon any person any right to enforce any term of this Agreement which that  person would not have had but for the provisions of the Contracts (Rights of  Third Parties) Act 1999.
 
    10.7 Entire Agreement:
The Agreement contains the entire agreement between  GESS and Customer superseding all prior agreements whether oral or written.  Customer acknowledges that they have relied on no oral or written  representations made by or on behalf of GESS or any employee, director, officer  or agent of GESS that are not incorporated into the Agreement.