HomeMy WebLinkAbout2008-413 9057426675 GLOBALSTAR CANADA 14:48: 18 11 -19-2008 217
11 / 62
Date:
Globalstar , GLOBALSTAR USA
Satellite Service Agreement
Globalstar Customer Care
+ 1 .905 .712.7197 Distributor ID: Distributor Name: Lead # (if applicable):
+1 ,877 .GLBLSTAR
800 Fax + 1 .888.604.7517 Sales Professional Name: Sales ID 0
Direct Fax: + 1 .905.712.6675 #( pti onal) :
Agent Ph .: Salesperson Phone: Fax or E-mail:
Agent Fax.: Existing Globalstar USA Account or Satellite Phone #:
BILLING RESPONSIBILITY r-. Business r" Personal XAGovl ( non-GSA, GSA must use GSA form)
Consumer Billing Contact: First: Rachel Last Name: Ivey
Business Name: Indian River County Dept . of Emergency Services
PHYSICAL ADDRESS
Street Address: 4225 43rd Ave . City: Vero Beach
State/Prov./is: ZIP/Postal: 32967 - 1671 Country: United States
BILLING ADDRESS : I7%Same as above IX Federal Tax Exempt (must provide documentation)
Street Address: City:
State/Prov./Is: ZIP/Postal: Country:
Business Phone : Home Phone: Fax:
Date of Birth : Social Security/Tax ID #:
Driver's License/ID/Passport (circle one) M
Employer. Industry Segment:
E-mail address: ^ rivey@ircgov . com Reason for purchase:
(Small address is mandatory to use the Quick Locate Service)
How did you hear about us? IT. Web Site r.: Advertisement r' Direct Mail t` Trade Show r Friend r~ Other
ACTIVATION INFORMATION
ESN : 11600400627
Satellite Phone Number. 863 - 203 -- 2487 or SIM :
Service Plan Name: Unlimited Loyalty Plan Phone User's Name:
f` FREE Voice Mail ($7 .95/mo on Freedom50/Liberty 600) r VM Time Zone:
Promotion Information Notes:
There is no monthly access charge for call forwarding services, Usage will be rated at $0. 1510in USD plus applicable international long distance charges.
F, FAX SERVICE (1600) One Time/$50 - $399-95/Month
F-� FAX SERVICE (2900) One Time/$50 - $39.95/Month
F QUICK LOCATE SERVICE (Simplex) One Time/$35 - $34.95/Month r- Sentinel I"' AXTracker
(Please provide email address m &Ilinlg Address above)
C TEXT E-MAIL VIA FAX OPTION — FREE
USING E-MAIL VIA FAX MAY GENERATE SPAM. GLOaALSTAR USA IS NOT RESPONSIBLE FOR SUSSCRISER'a USE OF THIS OPTION,
NERE
SERVICE PAYMENT INFORMATION (Billing & Payments In U. S. Dollars)
7 Automatic Credit Card (Preferred) t'X Standard Billing P.O. Number if applicable :
Card Number: Exp Date: Name on Card:
7 Direct Debit ( US Banks only, except Bank of America) r-` Saving r Checking (Voided check required)
Routing Number Account # Bank Name:
BY SIGNING THIS FORM, YOU'RE AGREEING TO THE GLOBALSTAR USA, LLC TERMS AND CONDITIONS FOR GUSA SERVICE, INCLUDING ANY SERVICE PURCHASED
WITH A RENTAL UNIT, THAT IS USING THE GLOBALSTAR SYSTEM (GLOBALSTAR USA SATEL TE SERVICE AGREEMENT) ANDIOR ANY THIRD PARTY SYSTEM
t'
(RESALE SATELLITE SERVIC EEMENT). A $50 ACTIVATI4 FEE, S50 VICE PLAN CH GE FEE , AND AN EARLY TERMINATION FEE MAY APPLY.
Subscriber Signature: n
905 '12 6675 GLOBALSTAR CANADA 14:48: 18 11 - 19-2008 2 /7
Globalstar GLOBALSTARUSA Date`
Time:
Satellite Service Agreement
Globalstar Customer Care
+ 1 '905'712 '7197 Distributor ID: Distributor Name: Lead # (if applicable):
+1 .877 . GLBLSTAR
800 Fax + 1 .888.604.7517 Sales Professional Name: Sales ID #
Direct Fax. + 1 .905.712.6675 (Optional):
Agent Ph . : Salesperson Phone: Fax or E-mail:
Agent Fax. : Existing Globalstar USA Account or Satellite Phone M
BILLING RESPONSIBILITY r- Business r ' Persona! XAGovl (non-GSA, GSA must use GSA form)
Consumer Billing Contact: First: Rachel Last Name: Ivey
4 .
Business Name: Indian River County Dept of Emergency Services
PHYSICAL ADDRESS
Street Address: 4225 43rd Ave . City: Vero Beach
State/Prov./Is: ZIP/Postal: 32967 - 1671 Country: United States
BILLING ADDRESS : rXSame as above 9 Federal Tax Exempt (must provide documentation)
Street Address: City,
State/Prov./Is: ZIP/Postal: Country:
Business Phone : Home Phone: Fax:
Date of Birth : Social Security/Tax ID #:
Driver's License/ID/Passport (circle one) M
Employer. Industry Segment:
E-mail address: riyey@ ircgov .. Com Reason for purchase:
(Email address /s mandatory to use the Quick Locate Service)
How did you hear about us? r Web Site r Advertisement r Direct Mail r Trade Show rt Friend r Other
ACTIVATION INFORMATION
ESN : 11600403719
Satellite Phone Number: 863 - 203 - 2486 or SIM:
Service Plan Name: Unlimited Loyalty Plan Phone User's Name:
F7 FREE Voice Mail ($7.95/mo on Freedom50/Liberty 600) 177 VM Time Zone:
Promotion Information Notes:
Them is no monthly access charge For call forwarding services. Usage will be rated at 0. 15/6n USD plus applicable intemational long distance charges.
r FAX SERVICE (1600) One Time/$50 - $39.95/Month
r FAX SERVICE (2900) One Timel$50 • $39.95/Month
F QUICK LOCATE SERVICE (Simplex) One Time435 - $34.95/Month r Sentinel r'- AXTracker
(Please provide email address in Wling Address above)
17, TEXT E-MAIL VIA FAX OPTION — FREE
USING E-MAIL VIA FAX MAY GENERATE SPAM. GLOBALSTAR USA IS NOT RESPONSIBLE FOR SUBSCRIBERrS USE OF THIS OPTION,
SERVICE PAYMENT INFORMATION (Billing d Payments In U. S. Dollars)
F7 Automatic Credit Card ( Preferred) fX Standard Billing P. O. Number if applicable :
Card Number: Exp Date: Name on Card :
t— Direct Debit (US Banks only, except Bank of America ) r— Saving r Checking (Voided check required)
Routing Number Account # Bank Name:
BY SIGNING THIS FORM, YOU'RE AGREEING TO THE GLOBALSTAR USA, LLC TERMS AND CONDITIONS FOR GUSA SERVICE, INCLUDING ANY SERVICE PURCHASED
WITH A RENTAL UNIT, THAT IS USING THE GLOBALSTAR SYSTEM (GLOSALSTAR USA SATELLITE SERVICE AGREEMENT) AND/OR ANY THIRD PARTY SYSTEM
(RESALE SATELLITE SERVICE AGREEMENT). A $50 ACTIVATION FEE, $50 SERVI PLAN CHANGE FEE, AND AN EARLY TERMINATION FEE MAY APPLY.
Subscriber Signature : (( i
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With the Globalstar Unlimited Loyalty plan, get unlimited home airtime voice usage for
only $39. 99 per month. Talk as much as you want. Nights, weekends, weekdays -
anytime!
Globalstar is the only mobile satellite operator launching spare satellites for our existing
network, and building a new generation satellite constellation, scheduled to begin
deployment in 2009 . With the launch of eight spare satellites scheduled for this year,
along with our existing satellite network, Globalstar will continue to provide and support
two-way voice and data satellite services to our customers through the launch of the
second-generation constellation. Until we launch our second generation, you may
experience difficulty connecting or sustaining longer calls at certain times in certain
locations . Because our service is not optimal at this time, we are offering our customers
special incentives. Sign up now and get a bonus year of unlimited service for only
$ 19. 99/month for one full year after Second Generation network launch.
rl 4i� Ex'pn3e9 Optinni
UrdlmitBd a Ifonrte E Service i Minute Void Data Internet Fax
Loyalty Pian Minutes Fee Rate Mail Compression Service
2007 Unlimited $49. 99 Free Free Free $39. 95
2008 Unlimited $39. 99 Free Free Free $39. 95
2009 Unlimited $ 19. 99 Free Free Free $39. 95
2010 Unlimited $ 19. 99 Free Free Free $39 . 95
Credit approval required. No cancellation fee applies . The plan is not designed for
always-on data communications . Globalstar reserves the right to terminate service of a
customer, or amend the plan to prevent abuse of data connectivity .
nup : //www. globalstarusa. com/en/airtime/voicepricing/ 9/30/2008
905 712 6675 GLOBALSTAR CANADA 14 :48:34 11 -19-2008 317
GLOBALSTAR USA SATELLITE SERVICE AGREEMENT
GENERAL TERMS AND CONDITIONS
1 . SI_obalstar Service Agreement. District of Columbia , Canada , and portions of the
Caribbean as described from time to time on
(a ) You subscribe to Globalstar Service httpPllwww. alobalstarusa . com ,
provided by Globalstar USA, LLC ("GUSA") under one
or more GUSH rate and service plans ( each a (b) Satellite telephone service Is inherently
" Service Plan ") . " Globalstar Service" is the subject to transmission and reception limitations
transmission of voice and/or data to or from You caused by : ( 1 ) Your location, Including conditions
through the Globalstar, Inc . ("Giobalstar") low- that obstruct the line of sight between You and the
earth -orbit satellite constellation and ground-station satellites; ( ii ) the condition of the Service Provider's
system (the "Globalstar System ") and onward equipment; ( iii ) the condition of Your Terminal ; and
through the terrestrial telecommunications network. (iv) weather conditions, atmospheric conditions,
A "Terminal " Is any instrument that You use to send magnetic interference, environmental, and other
or receive voice or data transmissions through conditions beyond GUSA's or Globalstar's control .
Globalstar Service. GUSA is an authorized Globalstar
"Service Provider. " The legal agreement for service (c) Because Globalstar Service involves radio
("Agreement") between You and GUSA consists of technology, voice and data communications
the Service Plan (s) that You subscribe to at any given transmitted over the Globalstar System may not be
time, these General Terms and Conditions ("General completely private . GUSA collects information about
Terms"), and any other writings or documents that Your calls for billing purposes and to monitor service
the applicable Service Plans or the General Terms quality but does not monitor or record the content of
state Is part of the Agreement. If You have more Your voice or data transmissions.
than one type of Globalstar Service you may have a
separate Agreement in effect for each . (d ) Unlike certain other telephone numbers,
satellite telephone service numbers are not
( b ) GUSA may change the General Terms "portable" and cannot be transferred . A Globalstar
whenever GUSA believes it is beneficial for Service telephone number may not be used with
conducting its business. When GUSA makes more than one Globalstar terminal . You have no
changes, GUSA will give notice to You by posting the property right or other continuing right In any
changed General Terms on the GUSA website : assigned telephone/fax number or email address .
http :llw mclobplstarusa. com . GUSA may also GUSA may assign, designate, or change any such
notify You directly of a change, but GUSA is not telephone/fax numbers or email address when
obligated to do so . You accept ongoing responsibility reasonably necessary in the conduct of its business,
for being fully informed of the changing content of and may reassign the numbers or email address
the GUSA website, including , without limitatlon, formerly held by You immediately upon the
changes in the General Terms, If GUSA changes the deactivation of Your Globalstar Services . GUSA will
General Terms in a way that is not acceptable to You, give You adequate notice if it must change Your
You may terminate the Agreement by giving written number or email address .
notice of termination to GUSA within 30 days after
the date the unacceptable change was posted . If You (e) Globaistar Service may be unable to route
do not given written notice within 30 days, You calls to regional toll-free numbers or to 900 and 976
accept the change effective on the date of Its posting prefix numbers or the like, but is generally able to
on the GUSA website. route calls to nationwide toll free numbers with
prefixes such as 800, 877 or 888 .
2 . Conditions and Limitations of Globalstar Service .
You understand and agree that : (f) 911 Emergency Services. GUSA has
established an Emergency Call Center, or "Referral
(a) Globaistar Service is dependent on , among Service, " available to You and to subscribers of
other things, availability of the Globalstar System . other Service Providers roaming in GUSA's territory.
System availability Is in turn limited by the space The Referral Service Is provided under 47 C. F. R.
technology and environmental conditions that affect § 25 . 284 (a), one of the rules of the Federal
radio transmissions . Globalstar Service may become Communications Commission . Under the FCC's rules,
limited or temporarily unavailable without notice from the "Caller" (that Is, You or any other person using
time to time. If You are using the Globalstar Service Your Globalstar phone, with or without Your
outside Your Home Territory, Your service is authorization ) must provide his or her telephone
dependent upon Service Providers other than GUSA, number and physical location . GUSA does not have
Your "Home Territory" means the 48 contiguous the ability to Identify the Caller's location
States of the United States of America , Alaska, the automatically as is the case with wireline telephones
GUSA REV. DEC 2007
905 712 6675 GLOBALSTAR CANADA 14: 48:59 11 -19-2008 4 f7
and certain cellular or PCS wireless telephones . and shall pay or reimburse GUSA for any and
all
Accordingly, the effectiveness of Referral Service costs, fees , and expenses that GUSA incurs to collect
depends largely on the accuracy of the information any charges from You .
provided verbally by the Caller. Upon receiving a call
that the Caller identifies as an "emergency, " the (d ) GUSA may reduce, suspend or terminate
Referral Service will redirect the call to an Globalstar Service to You in accordance with Section
appropriate Public Safety Answering Point, Unlike 5 of this Agreement,
the case with wireline telephones and certain cellular
or PCS wireless telephones, the Referral Service is (e) GUSA may change its credit, billing, and
not able to Identify automatically the location of a collection procedures by giving reasonable advance
Caller who Is using Globalstar Service. Referral notice of the changes. Notice may be given by
Service may not be available at all times, or at any posting on htto://olobalstarusa. com .
time from some locations, including Canada and
outside Your Home Territory . Service may not be (f) Applicable rates and charges for the Home
available in parts of the Caribbean within the Home Territory only are indicated in the GUSA Service
territory or outside the Home Territory. Calls placed Plan (s) and service options selected by You . If the
using Referral Service will typically be recorded . Use Service Plan has a fixed term, these will not
be
of the Referral Service is subject to the service changed before the term expires unless You consent.
limitations in this Section 2 and the limitations of Roaming charges for service in other territories
liability in Section 6, below , served by Service Providers other than GUSA may
vary . All other charges , features, services, and
(g) You agree not to use Globalstar Service for billing practices of other Service Providers are subject
any purpose In violation of law, or In any manner to change or discontinuation without written notice to
which interferes unreasonably with the use of the You .
Globalstar Service by any other subscriber or with
GUSA's ability to provide service to other subscribers. (g ) You may change to any qualifying Service
Plan with more included minutes at no charge and
3 . Billing. Payment and Account Administration , with no extension of the Service Plan term . You may
change to any qualifying Service Plan to include
(a) You authorize GUSA to obtain Your credit fewer included minutes by paying GUSA's then-
information from trade references, credit reporting standard administrative fee and renewing the
agencies, and other sources . Based on factors GUSA Agreement for one year from the date of the change.
deems relevant to Your creditworthiness, GUSA may, You agree not to contest the accuracy of any GUSA
at time of signing or in the future, require You to bill if You have not reported discrepancies on that bili
make a deposit as a payment guarantee . Your within 90 days of receipt.
deposit shall be subject to increase or reduction as
GUSA deems necessary. No deposit shall accrue ( h ) Chargeable time for calls received by Your
Interest unless required by law . GUSA will refund Globalstar Terminal begins when a connection is
Your deposit upon termination of Your Globalstar established between a Globalstar System facility and
Service. GUSA will also refund the deposit after 12 the Globalstar Terminal , provided that the call is
months from the date the deposit was made if You answered , and ends when the Globalstar Terminal
request a refund and GUSA determines that a deposit disconnects ,
is no longer required .
(i) Chargeable time for calls originated by
( b) GUSA generally sends monthly bills. Billing Your Globalstar Terminal begins when a connection is
periods do not necessarily correspond to calendar established to a Globalstar System facility and ends
months, and may vary in length from approximately when the Globalstar Terminal disconnects from a
28 to 32 days. GUSA may bill You more often than Globalstar System facility . In the Home Territory,
monthly if GUSA determines that there is a You will not be charged for calls placed but
heightened risk of non-payment , unanswered unless You place a call to a number that
rings unanswered or signals busy for 60 seconds or
(c) You may pay bills by direct debit, credit more, after which You will be billed for all airtime,
card or by mailing a check or money order to the including the first 60 seconds, regardless of whether
remittance address in the bill . Payments received a connection is made. You may be charged for busy
after the due date on the bill will incur a late or unanswered calls when roaming outside
of the
payment charge on the past due amount of 1 . 5% per Home Territory. Fax service requires an outgoing call
month ( 18% per annum ) or the maximum rate from the Globalstar Terminal for both outgoing and
allowed by law , whichever is lower. If payment is incoming fax messages. Fax airtime will be charged
returned for any reason not the fault of GUSA, then according to the same rates and increments adopted
GUSA may assess Its then-current standard return for voice.
charge . GUSA may refer delinquent accounts to
attorneys and/or collection agencies . To the full (j ) Unless the Your Service Plan provides
extent allowed by law, You shall be responsible for otherwise , You will be billed a minimum of one
full
GUSA REV. DEC 2007 - 2 -
905 712 6675 GLOBALSTAR CANADA 14:49:25 11 -19-2008 5 /7
minute for each call upon connection . Thereafter, Terminal and all other equipment used by You
the You will be billed in fractions of a minute rounded in connection with the Globalstar Service are
up in 30 -second intervals . If You have selected a limited to those provided in the separate
Service Plan with bundled minutes, You may not be equipment warranty, if any, provided by the
able to carry over any minutes remaining at the end manufacturer or supplier ( which may Include
of any monthly billing period . Check the terms and GUSA) of the equipment.
conditions of Your particulr Service Plan carefully .
(b) FCC regulations prohibit Your using a
( k) Early Termination Fee. Your Service Globalstar Terminal in a civil aircraft unless that
Plan may be subject to an early termination fee Terminal has a direct physical connection to the
of $250.00 or more. Make sure that You aircraft cabin or cockpit communications system .
understand Your liability before terminating
Your Service Plan prematurely. (c) If You intend to use Your Globalstar Service
with a static IP address and/or a Virtual Private
(1 ) Renewal of Annual Plans, GUSXs Network (WPN ") , You must first ensure that Your
annual Service Plans automatically renew on network can support the Globalstar VPN as specified
their anniversary date. Your renewal will be In Globalstar's Static IP/VPN Configuration document,
billed on the bill cycle following the anniversary which is available from GUSA or an authorized GUSA
date. To cancel the automatic renewal, You distributor,
must give GUSA a cancellation notice within 30
days after the anniversary date. (i) You are solely responsible for Your own
network at Your site, Including connectivity to the
(m ) You may notify GUSA in writing of Your Internet and Your Local Area Network. GUSA is not
designation and/or removal of authorized users, such responsible for the performance of Your network, and
as family members or business associates, on Your cannot assist In troubleshooting problems that are
account. You accept financial responsibility for all not directly related to the VPN router provided by
decisions and changes relating to Your account made GUSA .
by authorized users .
(ii ) You must use Your VPN service in a
( n ) In the event that Your Terminal is lost or secure and lawful way . You must not attempt to gain
stolen , You are liable for all usage and toll , long any unauthorized access to GUSA's the system, and
distance and roaming charges originating from Your You must protect the Globalstar VPN router from
Globalstar Service telephone number. GUSA agrees unauthorized access on Your premises or through
to waive all charges except fixed monthly recurring Your network.
charges made during the period that begins 2 hours
after You report the loss, theft, or disappearance of (iii) GUSA will monitor the VPN service on
Your Terminal and ends when the Terminal is a 24/7 basis. If the VPN link falls, GUSA will attempt
restored to You or Your service Is terminated , to resolve the problem promptly. GUSA will attempt
whichever occurs first. If GUSA requests, You shall to notify You if an alarm is detected on a Your VPN
provide a written police report of the incident. If circuit that will result in downtime . GUSA may notify
Your Globalstar Service is terminated following the You of any planned maintenance downtime . You
incident, reinstatement of service may be subject to must notify GUSA Customer Care if You plan to take
GUSA's then-standard charge . down the VPN for any period of time.
4 . Eouioment. ( iv) GUSA reserves static IP addresses for
You based on Your estimate of how many modems
( a) You agree to use only satellite will be provisioned . GUSA reserves the right to
communications equipment that Globalstar has reassign any IP address that a You do not use,
approved for use in the Globalstar System , The 5. Suspension and Termination of Service .
equipment must bear an FCC certification number or
other indication of type certification from the
regulatory authority of the country where You (a } GUSA may suspend your service without
obtained the equipment. Nothing in the Agreement notice and without terminating this Agreement if
shall be interpreted as a warranty, express or GUSA deems Your usage unusual or excessive in
implied , with respect to any Globalstar Terminal or relation to Your security deposit, credit limit, and/or
other equipment used by You in connection with the normal usage patterns, or if Your payment is
Globalstar service . GUSA expressly disclaims any returned or rejected . GUSA may also discontinue
and all such warranties, including without discounts based on number of Terminals should the
limitation any and all implied warranties of number of Terminals fall below the number applicable
merchantability or fitness for a particular to such discounts.
purpose. Your remedies for any and all b
warranty claims with respect to the Globalstar ( ) If You fail to pay any sum due for any
service or equipment purchased or rented from
GUSA REV. DEC 2007 . 3 -
905 712 6675 GLOBALSTAR CANADA 14:49:50 11 -19-2008 617
GUSA, or violate the terms, conditions, laws, rules or to function . In certain locations and at certain times
regulations governing the use of service, GUSA may of the day , You will experience difficulty establishing
reduce, suspend, or permanently terminate the a two-way call or maintaining a lengthy call . GUSA
Globalstar Service . Reduction or suspension may be expects the constellation as a whole to remain
made without notice. If GUSA terminates Your functional because two-way service will be available.
Globalstar Service, GUSA will notify You . You can use a Web-based tool provided by
Notwithstanding the requirement to give notice, Globalstar at httos://srt. Weconnect. com :2044losat/
GUSA may terminate Your Globaistar Service without to determine optimum times to place or receive calls,
notice If: Globalstar Is taking steps to mitigate the effects of
constellation aging , including launching spare
(i) GUSA has not received Your first payment by satellites in 2007 and upgrading ground
the due date on Your first bill ; infrastructure. Nevertheless, GUSA expects that the
( ii ) GUSA determines that You are using the service gaps that currently affect voice and two-way
Globalstar Service in a manner which might data service will increase until the time that
adversely affect GUSA's service to others; Globalstar's second generation satellite constellation
goes into service. GUSA does not expect its one-way
(iii ) You or another Service Provider notifies "simplex" data service to be adversely affected by
GUSA that Your Globalstar Terminal has been aging of the first generation constellation ,
lost or stolen or has disappeared from Your
possession or control ; (b) You agree that GUSA does not warrant
that the Globalstar service will be provided
( iv) a law enforcement agency notifies GUSA uninterrupted or error-free and that GUSA does
that probable cause exists to believe that You not warrant the availability, reliability or any
have used or will use the Globalstar Service in other aspect of the Globalstar Service. You
violation of or to violate the law, and requests subscribe for Globalstar service on an " as is,
action to protect the public's health , safety or where is" basis and agrees that GUSA's liability
welfare ; and Your sole recourse in respect of any failure
of GUSA to provide the Globalstar Service shall
(v) Your Terminal' serial number/mobile number be limited as provided In this Section 6 .
combination has been duplicated or is otherwise
associated or potentially associated with illegal (c) You agree that under no circumstances
or fraudulent use of service; shall any of GUSA, GUSA's members, officers,
directors, and the officers and directors of
(vi ) another Service Provider notifies GUSA that GUSA's members (collectively, the "GUSA
Your Globalstar Terminal was determined to be Parties") be liable for any deficiencies or
associated or potentially associated with illegal Interruptions In the Globalstar Service that
or fraudulent use of service or disconnected arise out of any of the conditions described in
from service for non- payment of, or owing Section 2, above, or in Section 6(a ), or for
unpaid, service charges; punitive, spacial, indirect, incidental, or
consequential damages in any amount
(vii) GUSA determines that Your application for whatsoever. In the event of any other failure of
the Globalstar Service included information that or deficiency in the Globalstar Service, Your
was fraudulent, false or materially incomplete; right to recover damages shall be limited to the
or lesser of the actual direct damages incurred by
You as a result of failure or deficiency of the
(vill) You use or attempt to use Globalstar Globalstar Service or the total amount paid
Service with equipment not authorized for use and/or owed by You to GUSA during the 12
on the Globalstar System , months preceding the latest occurrence giving
rise to Your damages.
( c) If GUSA suspends Your Globalstar Service
for non "payment, GUSA may, at its sole option , (d) Except to the extent of the limited
reactivate the Globalstar Service upon payment by damages, if any, that You may recover
You in full of the past due amount, any penalties according to Section G(c), You release and
associated with the late payment, and upon payment discharge the GUSA Parties from all claims and
by You of a deposit based on Your payment history. causes of action for breach of contract, personal
injury, death, and/ or property damage, and
6 . Warranty and Limitation of Liability, from all damages, costs, and expenses, that
arise directly or indirectly out of any failure or
( a ) in addition to the conditions and limitations deficiency of the Globalstar Service.
stated in Section 2, You understand that the
Globalstar satellite constellation in service at the date (e) You agree not to bring any judicial or
of this Agreement is aging and that some of the non-judicial action, claim, or demand arising
satellites operate with reduced power or have ceased out of any failure or deficiency of the Globalstar
GUSA REV , DEC 2007 . 4 -
905 712 6675 GLOBALSTAR CANADA 14:50: 14 11 -19-2008 7 /7
Service against any of the GUSA Parties the failure of either of the parties to enforce or
requesting either award of damages in excess exercise any of the provisions of the Agreement, shall
of those allowed by Section 6( c) or specific operate to waive any rights or remedies for any
performance of any nature, regardless of subsequent breach or default,
whether the action, claim, or demand Is stated
in or based on tort, breach of contract, or (g ) If any term or condition or other provision
breach of statute that creates or otherwise of the Agreement is held by any court or
provides for civil liability, administrative body to be invalid or unenforceable in
any respect, the invalidity or unenforceability of the
7 . Indemnity . You agree to indemnify , hold term or condition or other provision shall not
harmless, and defend the GUSA Parties against any invalidate or otherwise affect any other term,
claims resulting from or relating to Your breach of the condition, or provision of the Agreement .
Agreement or misuse of the Globalstar Service or
Globalstar Terminal or other equipment used in (h ) Notices required to be in writing under
connection with the Globalstar Service . You agree to the Agreement shall be given , if by You, to GUSA in
reimburse the GUSA Parties for any and all costs and writing by any means stated at
reasonable attorneys' fees incurred by them in htte://alobalstarusa . com for contacting GUSH
defending any of the indemnified claims. Customer Service in writing . Notices required to be
in writing by GUSA may be given In any manner
So General Provisions . expressly permitted under these General Terms with
respect to such notice or, If none is stated, by first
( a ) Although you may authorize others to use class mall or by private courier service addressed to
Your Terminal, You may not assign this Agreement, Your last known billing address, or by electronic
or any of Your rights and obligations under the means addressed to Your fax number or e-mail
Agreement, to any other person , firm, agency, address. All notices required to be in writing shall be
corporation , or other legal entity without the prior effective when delivered as properly addressed .
approval of GUSH. If You are a corporation ,
partnership , or limited liability company, You may
assign this Agreement, Including Your obligations 5:\Globalstar\2007 GUSA Satellite Service Agreement.doc
under it, pursuant to a sale of Your assets or a
transfer of control of Your business.
(b) The Agreement shall be binding upon and
shall inure to the benefit of the parties and their
permitted assigns. Except as expressly provided In
Sections 6 and 7 with respect to the GUSA Parties,
the Agreement has no third -party beneficiaries and
does not confer any benefits or rights on or to any
third person whatsoever.
( c) In addition to its rights stated In these
General Terms, GUSA may pursue any other remedy
available to it . All rights and remedies of GUSA are
cumulative and not alternative, and GUSA's failure to
exercise any right or remedy does not limits its rights
or remedies with respect to any continuing or future
default by You .
( d) The Agreement shall be governed by and
interpreted under the laws of the State of Delaware
without giving effect to conflicts of laws principles of
Delaware law .
( e) The termination of the Agreement or the
permitted assignment of a party' s Interest shall not
affect or prejudice any Rights or obligations of either
party that have accrued or arisen between them
before termination under the Agreement. All such
rights and obligations shall survive the termination of
the Agreement.
(f) Neither the waiver by either of the parties
of a breach of or a default under the Agreement, nor
GUSA REV . DEC 2007 - 5 -
t
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO : Joseph A. Baird, County Administrator
1
THROUGH : John King, Director
Department of Emer �n y rvices
FROM : Rachel Ivey, Staff Asst . IV (�
Department of Emergency Services
DATE : November 25 , 2008
SUBJECT : Globalstar USA Satellite Service Agreement
It is respectfully requested that the information contained herein be given formal
consideration by the County Administrator.
In 2007, the Department of Emergency Services received two (2) satellite phones from
the Indian River County Sheriff' s Office with the agreement that we provide our own
service for the phones . We currently use Globalstar USA for our service provider under
the Liberty Plan. Globalstar USA provides service to government agencies around the
country and has recently implemented a new usage plan called Globalstar Unlimited
Loyalty plan in which we would receive unlimited minutes and voice mail . The current
plan only allows for 1 , 800 minutes and . 29 cents for each additional minute . The new
plan is for government agencies and would result in an approximate cost savings of $ 800
annually or 47% less than what we are paying under our current plan. It should be noted
that one contract will cover both phones. It is requested that the County Administrator
sign the attached contract in order for the Department to initiate the new service contract .
Funding for the service was approved in the 208 budget under 00120825 -034110 .
APPROVED : L
Date :
Josep A. Baird
County Administrator
Indian F6ver Co. Approved Date
Lege' I L r l Oa
Budget it 2� 01
Dept.
1 •ii• QY
F6sk Mgr.
General Svcs.