SECTION 1
Agreement to RentSatelliePhoneRental.com  agrees to rent to Customer, and Customer agrees to rent from SatelliePhoneRental.com , the mobile satellite equipment, hereafter designated Equipment, described above, and except as otherwise provided herein, will continue until the end of the Effective Dates of Rental. The Customer agrees to use the rental equipment with SatelliePhoneRental.com ’s Iridium services.
SECTION 2
Term - The term of this Agreement begins on the Effective Date, as selected by renter, and except as otherwise provided herein, will continue until the equipment is returned to SatelliePhoneRental.com as noted in the terms of the effective date and return grace period.
SECTION 3 - PAYMENTS
3.1 Rental Charges - Customer agrees to pay applicable rental charges and any other applicable fees IN ADVANCE prior to shipment to customer designated shipping address. The Customer will return the Equipment at the end of the Rental Effective Date and will pay an equivalent daily rental rate based on the applicable rental rates for any time after the Effective Date. Until SatelliePhoneRental.com receives the Equipment, the Customer shall remain bound by the obligations of this Agreement.
3.2 Security Deposit/Reserve – SatelliePhoneRental.com shall use the supplied credit card information as a reserve to be used in the event that additional charges are incurred.
33 Test and (or) Repair Charge – If returned equipment appears broken due to misuse, a test and repair charge of $50.00 may be charged for inspection, testing and minor repairs required to return the Equipment to service. This charge will be payable at the end of this Agreement. If the terminal can not be repaired, the customer will be notified and will be responsible for the designated replacement cost of the terminal.
3.4 Other Costs – In addition to the applicable equipment rental charge and airtime, the customer also agrees to be charged for any additional equipment selected above and for shipping. The Customer agrees to pay SatelliePhoneRental.com any shipping costs for delivery of the Equipment to the Customer (as indicated above), and the Customer will pay for shipping costs for return of the Equipment to SatelliePhoneRental.com ’s designated storage location. The Shipping charges noted above are for shipment to any location in the Continental United States. Additional charges apply for shipping to other locations. SatelliePhoneRental.com utilizes FEDEX or UPS for all rental shipments.
3.5 Taxes, etc. - Customer will either pay directly for any taxes or governmental fees such as, use, property, excise, customs duty or other taxes, license fees, assessments, permits or commissioning and registration fees relating to the shipment, activation and rental of the Equipment.
SECTION 4 - Equipment Use, Site and Inspection
Customer shall be responsible for obtaining any license, permit or permission from any governmental or regulatory agency which may be necessary for or imposed upon the operation of the equipment. Operation is legally allowed in many countries outlined in the SatelliePhoneRental.com website www.SatelliePhoneRental.com satphone.com (About Globalstar Section). The Customer will exercise due care in and will permit only qualified personnel to use and operate the Equipment and such use and operation shall be only according to written instructions provided by SatelliePhoneRental.com . Customer will not use or operate the Equipment in any illegal manner or for any illegal purpose nor in violation of any law ordinance or regulation. The Customer will keep SatelliePhoneRental.com advised of the changes to the Specified Equipment’s site or usage location.
SECTION 5 - Warranty
SatelliePhoneRental.com warrants that each item of equipment will be suitable for normal operation and use at the time of delivery. SatelliePhoneRental.com MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, AS TO ANY MATTERS WHATSOEVER AND DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
SECTION 6 - OWNERSHIP AND SECURITY INTEREST
6.1 Ownership - Customer acknowledges that SatelliePhoneRental.com is and shall remain the owner of the Equipment until title is conveyed to the Customer by an attached separate lease/sale or sale agreement. Customer will protect SatelliePhoneRental.com ’s ownership rights against claims, liens and other encumbrances by Customer’s creditors or other claimants against Customer. Customer will not remove, obliterate or obscure markings which identify SatelliePhoneRental.com as owner of the Equipment.
6.2 Security Interest - Customer will execute and deliver to SatelliePhoneRental.com documents and forms which are reasonably necessary or desirable to protect SatelliePhoneRental.com ’s ownership and interest in the Equipment, including finance statements under the Uniform Commercial Code.
SECTION 7- INSURANCE AND RISK OF LOSS
7.1 Insurance - SatelliePhoneRental.com does not insure the equipment during the period it is rented to the customer. The customer may elect to obtain, at his/her expense, insurance covering the Equipment during the term of the rental. Optional Insurance coverage excludes loss or theft, loss due to shipping error or loss due to confiscation of phone by foreign government officials. SatelliePhoneRental.com reserves the right to refuse insurance coverage in the event the phone would be transported to a high risk area. An example of a high risk area would be transporting a phone to Cuba.
7.2 Risk of Loss - Customer will bear responsibility for all malfunctions, failures, damage to or loss of equipment, except to manufacturing defects and normal wear and tear covered under Section 9. In the event of any such damage or loss, Customer will promptly give SatelliePhoneRental.com notice thereof and, Customer will elect one of the following options:
(I)        Pay to SatelliePhoneRental.com an amount equal to the Stipulated Equipment Value or fraction thereof for the damaged or lost equipment. In such case, the rental charges and other obligations of the Customer shall continue until the payment is made. After payment is made this Agreement will terminate as to the Equipment involved; or
(ii)        Request that SatelliePhoneRental.com repair or replace the damaged or lost equipment, and pay to SatelliePhoneRental.com the cost of such repair or replacement. In such case the rental charges and other obligations of the Customer shall continue during the period of repair or until replacement. If SatelliePhoneRental.com is unable to repair or replace the equipment then option (i) shall apply.
In any case the amount to be paid to SatelliePhoneRental.com shall be reduced by any applicable insurance proceeds paid to SatelliePhoneRental.com pursuant to Section 9.1 of this Agreement.
SECTION 8 - MAINTENANCE
8.1 Normal Maintenance - SatelliePhoneRental.com or its authorized agent will be the exclusive source to maintain the Equipment and will maintain the Equipment in operational condition. Customer will deliver the Equipment to SatelliePhoneRental.com or its agent for maintenance and Customer will pay all costs for shipment to SatelliePhoneRental.com or its agent and shall be liable for any loss or damage during transportation. SatelliePhoneRental.com or its agent will return the Equipment to the Customer and shall be liable for any loss or damage during transportation. When available, and requested by the Customer, maintenance may be effected at the customers location, in which case Customer will pay for the transportation and labor costs of SatelliePhoneRental.com or its authorized agent’s in accordance with the standard rates in effect. Such maintenance will be provided without charge to Customer to malfunctions and failures due to manufacturing defects and normal wear and tear. Maintenance required for other malfunctions and failure or damage such as caused by improper power source, abuse, accident, improper operation or abnormal conditions of operation is covered under Section 8.2.


NOTE: USE OF ERRATIC POWER WILL DAMAGE EQUIPMENT. THIS IS OF PRIMARY IMPORTANCE IN COUNTRIES WHERE CONSISTENT POWER SUPPLY IS NOT AVAILABLE.

Malfunction or failure of operation covered by this section will entitle the Customer to a reduction in rental charges on a pro-rated basis for a period commencing on the day the malfunction or failure is reported to SatelliePhoneRental.com in sufficient detail to enable SatelliePhoneRental.com or its agent to commence necessary repairs and ending on the day the Equipment is returned to the Customer in serviceable condition. In no event will SatelliePhoneRental.com be liable for any loss of profits, indirect, consequential or other damages resulting from any failure of the Equipment.
The customer will not open the Equipment electronics enclosure housing, alter or repair or permit the alteration or repair of the Equipment, or make any attachments thereto, without the prior written approval of SatelliePhoneRental.com .
SECTION 9 - LIMITATION OF LIABILITY AND INDEMNITY
9.1 Limitation of Liability - SatelliePhoneRental.com shall not be liable for acts or omissions of other carriers, equipment failures or modifications, acts of God, strikes, government actions, or causes beyond our reasonable control. SatelliePhoneRental.com   shall not be liable to its distributor or customer or any third party for any special, incidental, or consequential damages and SatelliePhoneRental.com is specifically released from any such damages by Customer. Any liability of SatelliePhoneRental.com for damages arising directly or indirectly from the performance of the agreement shall be expressly limited to the purchase price of the goods or services with respect to which damages are claimed.
9.2 Indemnity - The Customer agrees to protect, indemnify and hold harmless SatelliePhoneRental.com from and against all claims, damages and costs including legal expenses arising out of the Customer’s use of this Equipment.
SECTION 10 - DEFAULT
If Customer fails to perform any obligation when due under this Agreement, or otherwise defaults, SatelliePhoneRental.com has the right to terminate this Agreement forthwith by notice to the Customer. Upon such termination, (i) the balance of the Gross Rental Amount will be due and payable immediately and, (ii) SatelliePhoneRental.com has the right, at its option, to take possession of and remove the Equipment from service immediately. Any other damages or amount chargeable to the Customer shall be immediately due upon such termination. In addition to failure to perform its obligation elsewhere stated in this Agreement, the following shall be defaults by the Customer:

  1. Issuance of writ, attachment, execution, or similar court process against the Customer or its property.
  2. Bankruptcy, or any application for reorganization protection from creditors, insolvency, appointment of a receiver or trustee whether voluntary or involuntary.
  3. Termination of the Customer’s business.
  4. Change in management or ownership of the Customer.
  5. If any representation prior to or during the term of this Agreement proves to be false or misleading in any material respect.
  6. Any action which jeopardizes SatelliePhoneRental.com ’s ownership or agent/partner’s ownership rights or ability to take possession of the Equipment.
  7. Failure to use the SatelliePhoneRental.com ’s network or to pay communications service invoices on time.

SECTION 11 - ASSIGNMENT
This agreement and the rights and obligations created hereunder shall not be reassigned by the Customer without the prior written consent of SatelliePhoneRental.com .
SECTION 12 - NOTICES
All notices and other communications required or permitted to be given under this Agreement will be in writing and will be effective when delivered personally, when sent by confirmed fax, U.S Mail or certified courier addressed to the parties at their respective addresses set forth below, unless by such notice a different person or address shall have been designated.
If to Customer, to:      The address given in Section 1 “Rental Data” and to Customer’s listed fax number
&
If to SatelliePhoneRental.com Satellite Communications.
SatelliePhoneRental.com
17000 Preston Rd., Ste 320
Dallas, Texas 75248 USA
SECTION 13 - GENERAL
13.1 Early Returns – No credit will be granted for unused airtime or early return of equipment.
13.2 Export Regulations - The Customer will not divert export or re-export the Equipment to any country contrary to U. S. export laws.
13.3 Excusable Delays - If SatelliePhoneRental.com ’s performance of any obligation hereunder is delayed due to reasons beyond SatelliePhoneRental.com ’s reasonable control including acts of God, the time for performance of such obligation will be postponed for a period equal to the number of days of such delay. In no event will SatelliePhoneRental.com be liable for any damages resulting from any delay in the delivery of any Equipment or any delay in the performance of any maintenance.
13.4 Previous Agreements - This Agreement supersedes all prior and contemporaneous agreements and representations made with respect to the same subject matter, and is the entire Agreement between the parties.
13.5 Severability - In the event that any one or more provisions contained in this Agreement should, for any reason, be held to be unenforceable in any respect under the laws of the state of Alabama, or the United States, unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such unenforceable provision had not been contained herein.
13.6 Controlling Law - All questions concerning the validity, operation, interpretation and construction of this Agreement will be governed by and determined in accordance with the laws of the Texas.
13.7 Headings - The headings and titles to the section and paragraphs of this Agreement are inserted for convenience only and will not be deemed a part hereof or affecting the construction or interpretation of any provisions hereof.
13.8 Counterparts - This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy hereof.
13.10 Coverage – Customer understands under certain conditions they may experience sporadic signal strength and dropped calls. In these cases the customer understands they will not be issued a credit.
13.11 Agreement to Arbitrate - In mutual consideration of the sale and purchase of goods or services, you for yourself, your heirs, successors and assigns (the “Buyer”) and we (the “Seller” and all of its directors, officers, employees, agents, parent corporations, subsidiary corporations, corporations affiliated with Seller by direct or indirect common ownership, and assigns) agree with limited exception as set forth herein, that any and all disputes, claims, or controversies of any kind and nature between us arising out of or relating to the relationship between us will be resolved through mandatory, binding arbitration. This agreement to arbitrate covers claims that (a) arise out of or relate to this Agreement and any Sales, Service, or Rental Agreement; (b) arise out of or relate to any past transactions or dealings between us; (c) arise out of or relate to any future transactions or dealings between us; and (d) disputes about whether any claims, controversies, or disputes between us are subject to arbitration to the extent permitted by federal law. Because you and we have agreed to arbitration, both of us are waiving our rights to have disputes resolved in court by a judge or jury except as set forth below. Exceptions to Arbitration Notwithstanding any language in this Agreement to the contrary, in the event of a Default in payment by you the Buyer under any Sales, Service, or Rental Agreement, the Seller may seek its remedies in an action at law; and, its decision to do so shall not be deemed to be a waiver of its right thereafter to insist upon and seek specific enforcement of its rights under this Agreement, in the event that the Buyer shall assert a counterclaim or right of setoff in such judicial or non-judicial action.
Customer understands for the phone to function you must be outdoors away from large structures and trees with an 80% view of the sky. On a cruse ship the phone will not function properly on a balcony. You must be on the upper deck away from the ships radar domes and antennas.