Cobra P1703-141 C-pod Terms & Conditions

C-pod Service Terms & Conditions

1. Definitions

‘End User’

refers to the owner of a C-pod System

‘Service Provider’

is Seakey AB with address Pumphuset, Beckholmen, SE-115 21 Stockholm, Sweden

‘Distributor’

The Service Provider’s representative in the U.S.A. is Cobra Electronics Corporation, 6500 West Cortland Street, Chicago Illinois

60707 U.S.A.

‘Service’

means the communication and access to infrastructure and telecommunication systems needed to alert the End User of an occur-

rence onboard detected by the installed C-pod System.

‘Network’

means the public telecommunications system by which the C-pod Service is made available.

‘Service Contract Agreement’

means the contract between the Service Provider, Seakey, and the End User.

‘Minimum Contract Period’

means the period during which the End User has agreed to use, and pay for the service.

‘Monthly Service Charge’

means the monthly payments the End User pays for the Service during the Contract Period.

‘Early Termination Fee’

is payable in order to terminate the agreement before end of Minimum Contract Period

‘C-pod System Servers’

means the servers and other hardware and infrastructure needed in order to provide the Service.

In order to use the C-pod System there must be a current Service Contract Agreement between the End User and the Service Provider. The

Service Contract has a minimum Contract Period during which the End User is obligated to pay the monthly Service Charge. The Service

Contract Agreement is normally entered into online during the installation of the C-pod System. The Service Contract incorporates and

includes by reference the current Terms & Conditions for the C-pod Service.

2. Scope of Service

The service includes cellular (GSM) communication between the C-pod and the C-pod System Servers, text (SMS) message communication

between the C-pod Server and the end user’s mobile phone, E-mail communication between the C-pod Server and the End User as well as

access to the C-pod Web Portal through the Internet. The server also includes access to Support during the Contract Period and free soft-

ware upgrades as well as the right to use any software included in the Service.

3. Service Availability

The cellular (GSM) service is available both domestically within the U.S.A. and Internationally. All cellular (GSM) communication between

C-pod and C-pod System Servers is included in the monthly Service Charge. There are no extra roaming charges for systems 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 to which the Network is connected.

In connection with any such adverse effect on the quality and availability of the C-pod Service, the Service Provider shall incur no 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 Monthly Service Charge.

4. Contract Period

Each Service Contract Agreement has a defined Contract Period which commences on the date the first Billing Cycle starts. The Contract

Period is defined in the Service Contract Agreement.

5. Use of built-in SIM card

The C-pod Security System has a built-in SIM card, the title to which belongs to the Service Provider and not the End User. The Service Pro-

vider reserves the right to cancel the service and permanently terminate the SIM card if:

The customer repeatedly fails to pay the monthly service charge agreed during the contract period.

•

If the system remains unused and the service agreement is not renewed or terminated after a period of six (6) months after the initial

•

contract period has expired.

If the SIM card is abused in any way or is removed from the C-pod.

•

If the service is cancelled the C-pod 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 this. In case the C-pod unit and/or its internal SIM card are lost or stolen the End User is required to

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 C-pod System and/or the SIM card.

6. Monthly Service Charge

The End User is required to pay the monthly Service Charge in time during the Contract Period or as long as the Service Contract Agreement

is valid. The monthly Service Charged is automatically billed to End User’s credit card on the 8th of each month (Billing cycle). The End User

is required to maintain and enter valid credit card information into the system through the C-pod Web Portal, so that the Service Charged

can be billed each month. Upon failure to pay the Service Charge the Service Provider reserves the right to limit the use of the system and/or

terminate the Agreement. If terminated in such a way the End User shall remain liable to pay the Early Termination Fee. The Service Provider

reserves the right to adjust price, terms and conditions when forced by factors outside its control. A minimum three (3) months notice ap-

plies before any such changes can take effect.

© Seakey AB

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