Customer Terms and Conditions for Service from Beam Communications

The following Terms and Conditions apply to individuals and Company / Government entities (‘Customers) using the MyBuddy communication and tracking services, including but not exclusively Iridium satellite communications services and Beam tracking services, and associated equipment provided by Beam Communications a company incorporated in Victoria, Australi

Definitions

'Service' means the access and use of telecommunication network and or tracking network and services through terrestrial or satellite services supplied by or through Beam Communications. 'Equipment' means any communication device or accessory sold, leased, or rented by Beam that is used to access the service. 'Black List' where by Beam can notify Iridium the IMEI number of any unit to stop that unit from ever being used on the Iridium network and only Beam can remove this once initiated.

Minimum Term

This agreement is effective when signed by both the Customer and Beam Communications or its representatives and will remain in force for the period selected by the plan chosen. If no Term of Service is selected, the minimum Term of Service shall be one month. If the customer cancels the contract before the minimum term expires, then the customer will be liable to pay the remaining months left access fee’s multiplied by 0.5, being 50% of the total months left by monthly access fee.

1. Provision of Services by Beam Communications

1.1 Beam Communications will provide communication and or tracking services and sell associated equipment to the Customer provided:

  • Beam Communication’s records indicate that the Customer has requested those services and/or associated equipment;
  • The Customer has correctly completed an account application form physically or online for Beam Communications:
  • The Customer has passed Beams minimum credit worthiness score as determined by Beam
  • The Customer complies with Beam Communication’s payment terms and conditions
  • The communications services are available to the Customer

1.2 Beam Communications will endeavour to provide the requested services but does not guarantee the provision of continuous or fault free communication services.

2. Ordering Services

2.1 Orders for My Buddy Tracking services can be placed on the My Buddy website. www.MyBuddy.com.au ,For additional support please contact:

3. Sale of Equipment

3.1 All equipment shall be shipped from Beam Communications or its representatives.

3.2 The Customer shall be liable for all freight, courier and insurance costs associated with the shipment from that office.

3.3 Title to the equipment will pass from Beam Communications to the Customer upon cleared receipt by Beam Communications of all charges relating to the equipment, including the sale price, taxes and delivery charges.

3.4 Beam Communications will use commercially reasonable best efforts to comply with the delivery terms requested by the Customer.

Billing and Payment for Services and Equipment

4.1 The customer agrees to pay Beam Communications for the service (which may include access charges as well as airtime / hardware or usage charges) Equipment rental charges, additional charges (as detailed below), shipping, installation, set up and maintenance charges and any other charges applicable under this agreement during the Term of service and any renewal term until this agreement has been properly terminated. Where calls are charged on a usage basis, the Customer is responsible for all calls originating from, or accepted at the Equipment regardless of who made or accepted the calls. Termination of the Agreement or suspension of the Service does not affect the Customers obligation to pay and amounts owing to Beam Communications.

'Additional Charges' include (but not limited to) charges for optional features, data usage charges, long distance charges, other toll charges, charges for calls made to other satellite networks and any other interconnection and usage charges for telephone or other network calls originating or terminating on the equipment, including charges incurred by Beam Communications on the customers behalf, plus any administration charges and taxes, Licence fee’s contribution charges and levies imposed by governments or regulatory authorities.

4.2 Beam Communications will issue invoices for communications services on a regular monthly basis but may issue interim bills at any time. Invoices will be emailed only to the nominated account email address.

4.3 Beam will automatically deduct from the customers nominated credit card each month any monies owed.

4.4 Where customers have been given an account by Beam, they shall pay all invoices within 7 days of the date of the invoice, unless otherwise mutually agreed to in writing by Beam Communications.

4.5 Beam Communications reserves the right to charge the Customer an account fee equivalent to 8% above the Reserve Bank of Australia 90 day Bank Bill Rate on all accounts outstanding more than 14 days. Beam also reserves the right to charge an additional $10 late payment fee for all accounts not paid within the agreed 7 day period from invoice date.

4.6 If a service is cancelled, suspended or disconnected then the Customer remains liable for service fees up to the time of cancellation, suspension or disconnection.

4.7 When the Customer’s invoice is paid via a direct debit authority on a nominated bank account or credit card and that payment is dishonoured in any way, then the Customer is liable to Beam Communications for a fee not exceeding $30.00 (GST inclusive).

4.8 The Customer must notify Beam Communications within 7 days from the date of the invoice of any disputes or disagreements with invoiced charges. Thereafter, the Customer is deemed to have waived its right to dispute the charges.

4.9 In the event the Customer does not pay any outstanding accounts for a period of greater than 90 days, then Beam Communications will have the right to list a ‘default’ on the customer’s credit history account which will remain there even once paid for a period of 5 years.

4.10 When a default has been actioned due to non payment, Beam will also have the right to ‘Black List’ any equipment supplied to the customer from Beam restricting the equipment from ever being used again.

4.11 At the end of the initial term or service, the term will automatically renew for a successive one month periods on the same terms and conditions (except for the rates charged for the Service and Equipment rental) unless either the customer or Beam Communications terminates this agreement in accordance with the terms and conditions of this agreement.

4.12 Monthly charges during any renewal term will be in accordance with Beam Communications then current monthly rate plans or as otherwise established by Beam in its absolute discretion. Optional service features may continue to be charged separately or included in the monthly access charge depending on the current rate plan.

4.13 All monthly fees including monthly suspension fees will be charged a month in advance.

4.14 If the customer chooses to cancel an account prior to the end of the next billing month then any ‘in advance’ monies will be forfeited and no credits or refunds will be done.

4.15 Plan changes can be requested at any time, however new plans will not be applied till the start of the next billing cycle for any service. Plan changes cannot be back dated once a new billing cycle has been commenced.

5. Use of Services

5.1 Customer Provided Equipment – If customer provided equipment is used, connected to, or used in conjunction with the Service or the Equipment, the Customer provided equipment must be compatible and must not cause interference with or disrupt the Service or cause the Equipment to operate outside its normal operating parameters. The Customer may not use the Service if interference occurs and Beam Communications may suspend the Service to the customer until the interference is corrected. Ensuring compatibility or providing corrective or protective equipment is the Customers responsibility and at the Customers expense. Any inspection or remedial work done by Beam Communications at the Customers request will be at the Customers expense at Beam’s current technical service rates of $1500 per day AUD.

5.2 The communication services are provided on a ‘on demand’ basis and are subject to the availability and capacity of the applicable satellite network. Communication services may be temporarily unavailable or limited for a number of reasons beyond Beam Communication’s direct control, and as such, Beam Communications has no liability for suppliers’ networks.

5.3 The Customer is liable to Beam Communications for all charges in relation to the communication and Tracking services incurred on their account whether or not the Customer authorised the particular use of that service by another person.

5.4 The Customer may not use, or permit another person to use, the communication and or Tracking services on their account in a fraudulent manner or to commit a criminal offence.

6. Default and Termination of Services

6.1 The occurrence of any one or more of the following shall constitute an event of default by the Customer:

  • The Customer does not make payment as due on invoices raised by Beam Communications;
  • The Customer becomes insolvent or has an Insolvency Practitioner appointed to manage their financial affairs;
  • The Customer breaches any of these terms and conditions;
  • The customer does not notify Beam prior to a direct debit credit card expiring.
  • The Customer dies.

6.2 Beam Communications may suspend, limit or cancel the communication service if:

  • The Customer requests cancellation of the service in writing;
  • Beam Communications reasonably determines that such action is necessary for the purpose of network maintenance or security.

6.3 In the event of termination of services Beam Communications reserves the right to bill the Customer for all outstanding charges accrued up to and outstanding on the date of termination. The Customer shall be liable for all costs and expenses incurred by Beam Communications due to default by the Customer, but not limited to legal costs.

6.4 Beam Communications may terminate the service in the event that another contract for the purchase of that service and/or equipment expires or is terminated.

7. Indemnity and Limitation of Liability

7.1 Beam Communications shall not be liable to the Customer or any other person for:

  • Any indirect, consequential, incidental or special losses or damage, loss of earnings, or personal injury, however arising;
  • Any acts of omission of a telecommunications service provider unaffiliated with Beam Communications whose facilities are used in the provision of the telecommunications service
  • Any defamation or copyright infringement arising from the use of the telecommunications service

7.2 Beam Communications does not undertake to transmit messages and/or data, but offers the use of its facilities to Customers for the transmission of telecommunications services 7.3 The Customer indemnifies Beam Communications against any loss or damage in relation to the use of the telecommunication or Tracking service, or attempted use of the telecommunication or Tracking service, by any person connected to that service.

8. Applicable Law

8.1 This agreement shall be governed and construed in accordance with the laws of the State of Victoria, Australia.

9. Privacy of Communications

9.1 Beam Communications does not warrant the privacy or security of any communication relying in whole or in part on the use of the Service or Equipment

10. General Terms of Use

10.1 The customer will not use the Service or Equipment for any purpose contrary to law or in a way that creates a nuisance or interferes with other users.

10.2 The customer agrees to abide by all rules and regulations governing the use of the Service or Equipment that may be issued or adapted by Beam Communications from time to time and furnished to the Customer.

10.3 The Customer covenants that the Service or Equipment is for Customers own use and will not be resold or otherwise transferred to any person or entity.

11. General Terms and Conditions

11.1 Complete Agreement – This Agreement forms this entire agreement between the parties respecting the Service & Equipment. There are no other terms and conditions to this Agreement, except as expressly contained or expressly incorporated by reference.

11.2 Assignment - This Agreement may not be assigned by the Customer without Beam Communications written consent

11.3 Waiver – Any delay or failure by Beam Communications to act on a breach or default of the Customer will not constitute a waiver of any of its rights against the Customer

11.4 Force Majeure – Beam Communications shall not be liable for any non-performance or loss of service caused by acts of God, fire, explosion, war, riots, strikes, lockouts, picketing, boycotts, acts of Governmental authorities or any other causes beyond its control.

12. MyBuddy Service Inclusions and Limitations

The following Service Inclusions and Limitations apply to individuals and Company / Government entities (‘Customers) using the MyBuddy communication and tracking services, including but not exclusively Iridium satellite communications services and Beam tracking services, and associated equipment provided by Beam Communications a company incorporated in Victoria, Australia.

1. MyBuddy is designed to support only the following desktop web browsers

  • Internet Explorer 8,9
  • Firefox 3.x and 4
  • Safari for the Mac
  • Google Chrome

2. While the system may support alert/event notifications and messaging services it is not to be used or relied upon as an emergency communication or reporting service.

3. Asset location and event data is retained for up to 12 months via reports

4. Location and event data viewable on maps is available for up to 3 months

5. Beam Communication reserves the right to log user IP address information for security purposes

6. While Beam Communications has in place a range of systems to reduce service downtime, the system may be unavailable during periods of maintenance scheduled or unscheduled.

7. It is the user’s responsibility to manage and monitor the correct configuration of any equipment or service used in conjunction with MyBuddy.

Software License Agreement

Software. This limited warranty extends only to the End User Customer who is the original licensee. End User Customer's sole and exclusive remedy and the entire liability of Beam and its suppliers under this limited warranty will be, at Beam or its service center's option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to the party supplying the Software to End User Customer, if different than Beam. In no event does Beam warrant that the Software is error free or that End User Customer will be able to operate the Software without problems or interruptions. In addition, due to the continual development of new techniques for intruding upon and attacking networks, Beam does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.

Restrictions. This warranty does not apply if the Product (a) has been altered, except by Beam, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Beam, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is sold or, in the case of Software, licensed, for beta, evaluation, testing, or demonstration purposes for which Beam does not receive a payment of purchase price or license fee.

DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.

Software License to the end user will include the following acceptance.

PLEASE READ THIS SOFTWARE LICENSE CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING BEAM OR BEAM-SUPPLIED SOFTWARE.BY DOWNLOADING or INSTALLING or USING THE SOFTWARE, OR USING THE EQUIPMENT THAT CONTAINS THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, THEN (A) DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE, AND (B) YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND, OR, IF THE SOFTWARE IS SUPPLIED AS PART OF ANOTHER PRODUCT, YOU MAY RETURN THE UNUSED UNOPENED ENTIRE PRODUCT FOR A FULL REFUND. YOUR RIGHT TO RETURN AND REFUND EXPIRES 7 DAYS AFTER PURCHASE FROM BEAM OR AN AUTHORIZED BEAM RESELLER, AND APPLIES ONLY IF YOU ARE THE ORIGINAL PURCHASER.

The following terms govern your use of the Software except to the extent a particular program (a) is the subject of a separate written agreement with Beam or (b) includes a separate "click-on" license agreement as part of the installation and/or download process. To the extent of a conflict between the provisions of the foregoing documents, the order of precedence shall be (1) the written agreement, (2) the click-on agreement, and (3) this Software License.

License. Subject to the terms and conditions of and except as otherwise provided in this Agreement, Beam and its suppliers grant to End User Customer a nonexclusive and nontransferable license to use the specific Beam program modules, feature set(s) or feature(s) for which the customer has paid the required license fees (the "Software"), in object code form only. In addition, the foregoing license shall also be subject to the following limitations, as applicable:

Unless otherwise expressly provided in the documentation, End User Customer shall use the Software solely as embedded in, for execution on, or (where the applicable documentation permits installation on non-Beam equipment) for communication with Beam approved equipment, Beam equipment owned or leased by End User Customer; End User Customers use of the Software shall be limited to use on a single hardware chassis, or use on such greater number of hardware chassis as Reseller may have paid Beam the required license fee; and End User Customers use of the Product shall also be limited, as applicable and set forth in Reseller’s purchase order or in Beam’s product catalogue, user documentation, or web site. End User Customers use of the Software shall also be limited by any other restrictions set forth in Beam’s product catalog, user documentation, or web site for the Software.

General Limitations. Except as otherwise expressly provided under this Agreement, End User Customer shall have no right, and End User Customer specifically agrees not to:

(i) transfer, assign or sublicense its license rights to any other person, or use the Software on unauthorized or secondhand Beam equipment, and any such attempted transfer, assignment or sublicense shall be void; (ii) make error corrections to or otherwise modify or adapt the Software or create derivative works based upon the Software, or to permit third parties to do the same; or

(iii) decompile, decrypt, reverse engineer, disassemble or otherwise reduce the Software to human-readable form to gain access to trade secrets or confidential information in the Software. To the extent required by law, at Reseller’s request, Beam shall provide Reseller with the interface information needed to achieve interoperability between the Product and another independently created program, on payment of Beam’s applicable fee. Reseller shall observe strict obligations of confidentiality with respect to such information and shall license End User Customer to do the same.

Upgrades and Additional Copies. For purposes of this Agreement, "Software" shall include (and the terms and conditions of this Agreement shall apply to) any upgrades, updates, bug fixes or modified versions (collectively, "Upgrades") or backup copies of the Software licensed or provided to End User Customer by Beam or Reseller for which Reseller / End User Customer has paid the applicable license fees. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) END USER CUSTOMER HAS NO LICENSE OR RIGHT TO USE ANY SUCH ADDITIONAL COPIES OR UPGRADES UNLESS END USER CUSTOMER, AT THE TIME OF ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID LICENSE TO THE ORIGINAL SOFTWARE AND RESELLER HAS PAID THE APPLICABLE FEE FOR THE UPGRADE; (2) USE OF UPGRADES IS LIMITED TO BEAM EQUIPMENT FOR WHICH END USER CUSTOMER IS THE ORIGINAL END USER PURCHASER OR LESSEE OR WHO OTHERWISE HOLDS A VALID LICENSE TO USE THE SOFTWARE WHICH IS BEING UPGRADED; AND (3) USE OF ADDITIONAL COPIES IS LIMITED TO BACKUP PURPOSES ONLY.

Term and Termination. This License is effective until terminated. End User Customers rights under this License will terminate immediately without notice from Beam if End User Customer fails to comply with any provision of this License. Upon termination, End User Customer must destroy all copies of Software in its possession or control.

Export. Software, including technical data, may be subject to U.S. and Australian Government export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Reseller / End User Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software.

General Terms Applicable to the Limited Warranty Statement and Software License Disclaimer of Liabilities. IN NO EVENT WILL BEAM OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE HARDWARE OR SOFTWARE EVEN IF BEAM OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Beam’s or its suppliers' liability to Reseller or End User Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Reseller. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The Warranty and the Software License shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without reference to principles of conflict of laws, provided that for End User Customers located in a member state of the European Union, Norway or Switzerland, English law shall apply. The United Nations Convention on the International Sale of Goods shall not apply. If any portion hereof is found to be void or unenforceable, the remaining provisions of the Warranty and the Software License shall remain in full force and effect. Except as expressly provided herein, the Software License constitutes the entire agreement between the parties with respect to the license of the Software and supersedes any conflicting or additional terms contained between and End User Customer of this Software and any Third Party. If End User Customer has entered into a contract directly with Beam for supply of the Products subject to this warranty, the terms of that contract shall supersede any terms of this Warranty, or the Software License, which are inconsistent with that contract. Reseller acknowledges that: the Internet URL address and the web pages referred to in this document may be updated by Beam from time to time.

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