Version 2011:1. Effective as of 15 July 2011. The Service Provider reserves the right to changes these terms and conditions at any time. Updates will be posted at www.c-pod.com. (the “General Terms & Conditions”)
1. Definitions “C-pod Servers” means the servers and other hardware and infrastructure needed in order to provide the Service. “C-pod Unit” means the unit that enables the Service. “C-Pod Web” means www.c-pod.com.
“Agreement Period” means the Minimum Agreement Period and any consecutive contractual terms in accordance with Clause 5.1. “Early Termination Fee” is payable in order to terminate the agreement before end of the Minimum Agreement Period “User” means to the owner of a C-pod Unit. “Minimum Agreement Period” means the period during which the User has agreed to use, and pay for the Service. “‘Monthly Service Fee” means the monthly payments the User pays for the Service during the Agreement Period. “Network” means the public telecommunications system by which the Service is made available. “Pricing” means the price for the Services specified in the Service Agreement.
“Service” means the communication and access to infrastructure and telecommunication systems needed to alert the User of an occurrence onboard detected by the installed C-pod Unit. “Service Agreement” means the contract between the Service Provider and the User. “Service Provider’ means C Security Systems AB.
2.1 The Service is conditional upon that the User and the Service Provider has entered into a Service Agreement between the User and the Service Provider on the C-pod Web. The Service Contract sets out the Minimum Agreement Period and the Monthly Service Fee and is entered into online on the C-pod Web by payment of the first Monthly Service Fee.
2.2 The Service Agreement and the General Terms and Conditions (including any addendums hereto) govern the Service. The Service Provider may change the General Terms and Conditions. When the Service Provider makes changes, the Service Provider will give notice to the User by posting the Changed General Terms & Conditions to www.c-pod.com. The User approves such changes by paying its next Monthly Service Fee.
2.3 No change statement or warranty of any sales agent, distributor, representative or employee of the Service Provider may change the Service Agreement or the General Terms and Conditions.
3. Scope of Service
3.1 The Service includes (i) GSM communication between the C- pod Unit and the C-pod Servers, (ii) SMS message communication between the C-pod Servers and the User’s mobile phone, (ii) E- mail communication between the C-pod Servers and the User, and (iv) access to the C-pod Web through the Internet. The Service Provider also provides access to Support during the Agreement Period and free software upgrades as well as the right to use any software included in the Service. Furthermore it is the responsibility of the User to act on notifications sent by the C-pod System and for maintaining an up-to-date information on the C-pod Web.
4. Service Availability
The GSM service is available both domestically in the User´s jurisdiction and internationally. All GSM communication between the C-pod Unit and C-pod Servers is included in the Monthly Service Fee. There are no extra roaming charges for international usages.
5.1 The Service Agreement has an initial term of 12 months starting on the date the first Monthly Service Fee was paid and will thereafter be automatically extended by 12 months at the time.
5.2 The User may cancel the Service Agreement by giving written notice to the Service Provider at least 60 days prior to the expiry of a contractual term.
5.3 The Service Provider may terminate the Service Agreement and the Services to the User at any time without notice or liability to you if you are in breach of this Agreement.
6. Use of built-in SIM card
6.1 The C-pod Unit has a built-in SIM card, the title to which belongs to the Service Provider and not the User. The Service Provider reserves the right to cancel the service and permanently terminate the SIM card if:
(i) the customer repeatedly fails to pay the Monthly Service Fee agreed during the Agreement Period.
(ii) the SIM card is abused in any way or is removed from the C-pod.
6.2 If the service is cancelled, the C-pod Unit may be sent to Service Provider for a replacement SIM card. A minimum service fee of five times the Monthly Service Fee will be charged for this.
6.3 In case the C-pod Unit and/or its internal SIM card are lost or stolen the User is required to immediately notify the Service Provider. Until such notification has been received by the Service Provider the User is liable for any and all charges incurred by the use of the C-pod Unit and/or the SIM card.
7. Monthly Service Fee
7.1 The User agree to pay, on time, the Monthly Service Fee and maintain and enter valid credit card information on the C-pod Web.
7.2 The Monthly Service Fee will be charged by the Service Provider monthly in advance on the User’s credit card on the last day of each month. The applicable currency for your region is specified in the Service Agreement.
7.3 If the User prepays the Monthly Service Fee for a part or a whole contractual term, then the Service Provider will start charging the Monthly Service Fee on the User’s credit card on the last day of the prepayment period and the Service Provider will thereafter charge the User’s credit card in accordance with Clause 6.2 if the Monthly Service Charge is not prepaid again.
7.4 The User agree to pay a late charge fee of 5 percent per month on the unpaid balance as of the due date each month and will be charged on subsequent due dates. The Service Provider may suspend the Service in the event of late payment. If it does so, the Service Provider may charge a reactivation fee (currently US$ 50 and EURO 30) for each suspension of the Service.
7.5 Irrespective if the Service Provider fails to provide the Service to the User during the Agreement Period, the User shall remain liable for the payment of the Monthly Service Fee.
8. Credit Card Information
8.1 No credit card data that can be misused is stored on the C-pod Servers.
8.2 The User hereby authorize the Service Provider to (i) charge the credit card that the User has provided at the C-Pod Web for the Monthly Service Fee or any other fees that follows from the Service Contract or the General Terms & Conditions and the Service Provider, (ii) automatically continue charging such credit card (or any replacement card if the original card is renewed, lost, stolen or changed for any reason by the card issuer and the card issues informs the Service Provider of the new replacement card), (iii) continue to attempt to charge all sums described herein to your credit card until such amounts are paid in full.
9. Early Termination Fee The Service Agreement may be terminated before the expiration date of the Agreement Period by the User, upon payment, to Service Provider, of an early termination fee of (currently EURO 20 and US$ 30) for each full month remaining of the term pursuant to completed toward the end of the Agreement Period.
10. Warranty for the Product and C-Pod Unit
10.1 The limited warranty accompanying the C-pod unit is the only warranty provided in relation to the C-Pod Unit.
10.2 You expressly acknowledge and agree that that use of the C- pod Unit and the use is at your sole risk. Other than as previously provided and to the maximum extent permitted by applicable law, the C-pod Unit and the Service is provided “as is” and “as available”.
10.3 The Service Provider gives no warranty in relation to the availability, suitability or maintenance of the Service and the User recognizes that factors outside the Service Providers control may affect the quality and the availability of the Service.
11. Limitation of Liability
11.1 To the fullest extent permitted by law, the Service Provider hereby expressly exclude liability for any damages or claim which may arise out of or in connection with the provision of the Services or its use by the User.
11.2 The Service Provider exclude all liability, whether resulting from contract, tort (including liability for any negligence or breach of specific duties) or otherwise in respect of any loss, damage, cost, expenses or other claims resulting from fault, failures or inadequacies of the Service or the C-pod Unit.
12.1 The Service Provider agrees not to make available to anyone, not directly affiliated with the Service Provider, any data stored on its C-pod Service Servers, unless the User has agreed so in writing or the Service Provider is required to do so by applicable law or pursuant to any order of court or other competent authority or tribunal. This includes, but is not limited to, positions or movements of the boat, information regarding the User’s address, status of alarms and warnings, telephone numbers, e-mail addresses as well as user name and password.
12.2 The User hereby agrees to the Service Provider’s right to access data stored on the C-pod Servers in order to help the User in case of support and for trouble shooting as well as for system maintenance and software upgrades.
12.3 The Service Provider and Distributor reserves the right to contact the User, using the contact information stored on the C- pod System Servers, in order to notify the User of any potential problems, improvements or other things that affect the quality and security of the Service.
13. Notice shall be made in writing in the English language, and shall be sent to C Security Systems AB, Att. Customer Support, Vretenvägen 13B, SE-171 54 Solna, Sweden. 13.1 A notice shall be considered received when the Service Provider has confirmed receipt. Should the Service Provider not have confirmed receipt, a notice or other communication shall nevertheless be deemed received seven days, after having been sent by mail.
14. Governing Law The Service Contract and the General Terms and Conditions are governed by the laws of Sweden without giving effect to conflicts of law principles.