TERMS & CONDITIONS

IMPORTANT

If you request Product and/or Service from OIFNET by completing an Order Form and you are acting other than in the course of a business, you have 3 days from completion of order to change your mind. If you wish to change your mind, you must confirm this in writing to OIFNET.

OIFNET will make its best effort to deliver all products in a timely manner. Due to customs inspections and shipping requirements outside the US, OIFNET, Inc cannot guarantee delivery of any product within a specific time frame.

Once the product is received by you and in operation no refund will be issued. Products that have not been opened or used may be returned to OIFNET at customer's expense for a refund less any shipping charges. OIFNET must receive the equipment in it's new and unused condition with all original factory packaging before refund is issued. All returns must receive an RMA number before being returned to OIFNET.

All prices on the OIFNET website are in USD (US Dollars). OIFNET reserves the right to change the monthly service fee pricing upon a 30 day written notice posted here on the OIFNET website and/or notice sent via email to the email address of record for the service account. You should frequently check the OIFNET news and current price pages for any changes that may affect your billing and/or cost of service. 

It has become OIFNET company policy to require all VSAT service accounts to have a credit card on file for automatic billing. All service accounts will be automatically billed to the credit card on file on the 23rd of each month for the upcoming month of service. Any invoices not paid in full by the 1st of the month will result in the NOC placing a block on your service. A $250 reconnection fee will be charged by the NOC before service will be restored. The reconnection fee cannot be waived by any OIFNET personnel.

By signing up for service with OIFNET you are agreeing to have OIFNET automatically bill your credit card of record each month in the amount equal to your monthly service fee plus any and all late fees and reconnection fees due on the account.

All listed service plans offered by OIFNET are on Contended Ratio Service bases and are offered through various Satellite Service Providers. The advertised service speeds and daily limits offered are those as published by the Satellite Service Provider. OIFNET is a VAR (Value Added Reseller) for multiple Satellite Service Providers and has no control over actual service speeds and daily limits and as such cannot guarantee any of the listed speeds and daily limits provided from the Satellite Service Providers. 

 

1. Definitions
1.1 In this Agreement: "Agreement" means your application form when accepted, these terms and conditions and the OIFNET current Price List; "Charges" means all the charges associated with the Service described in the Price List; "Content" means textual, visual or other information, software, photos, video, graphics, music, sound and other material accessed through the Service ,including, but not limited to all information supplied by content providers from time to time; "Minimum Period" means a period of 12 months (or any other period agreed in writing) from the date on which Service is first provided to you; "Order Form" means the form which you sign requesting connection to the Service; "Price List" means a list of Charges which we publish and update from time to time on our website at www.OIFNET.net; "Product" means the satellite dish and control unit and any other equipment provided by OIFNET to enable access to the Service; "Rights" means copyright, trademark and other relevant proprietary and intellectual property rights relating to Content; "Service" means broadband connection to the Internet and any additional services we agree to provide to you; "We" and "Us" means OIFNET, Inc. at 200 Marshall Hill Rd., trading as OIFNET; and "You" means the customer we make this Agreement with and it includes a person who we believe is acting with your authority.

1.2 The Price List contains explanations, definitions, notes and conditions which form part of this Agreement. Copies can be obtained by calling the number which appears on your statement or by referring to our website at www.OIFNET.com.

 

2. Provision of and Use of the Service
2.1 Even though the Service is generally available throughout the EU, there are occasionally site specific factors (e.g. proximity of buildings or mountains) which do not allow a satisfactory line of sight.

2.2 We may use our discretion to refuse to provide any part of the Service to you. Service is not fault free and it may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control and you will be entitled to the quality of Service generally provided by a competent broadband service provider exercising reasonable skill and care.

2.3 We will use reasonable endeavor to provide Service to you by any date we have agreed with you but we do not guarantee to do so.

2.4 We may vary the technical specification of Service from time to time.

2.5 You are solely responsible for evaluating the accuracy and completeness of any Content and the value and integrity of goods and services offered by third parties which may be communicated to you as a result of using the Service. We will not be a party to or in any way responsible for any transaction concerning third party goods and services.

 

3. Length of Agreement
3.1 This Agreement commences on the date on which you sign the Order Form, provided we approve your request for service.

3.2 At the end of any Minimum Period, this Agreement will continue until you cancel it in the way described in paragraph 8.2.

4. Rights of OIFNET
4.1 The Customer acknowledges and agrees that from time to time, we may be required to temporarily suspend Space Segment Services to verify compliance of one or more Sites with applicable licenses, authorizations, and compliance with the technical and operating parameters of the Satellite. Under such circumstances, we will use reasonable efforts to minimize disruption to the Space Segment Services, including making reasonable efforts that any such suspension take place out of normal business hours, and providing as much advance notice as is reasonably practicable under such circumstances (with a target minimum of 48 hours notice). The Customer shall fully cooperate with us in such circumstances and will provide Site access to any relevant governmental authority, the Satellite Operator, OIFNET or its subcontractors.

4.2 The Customer acknowledges and agrees that we shall have the right to move the Customer's service to a satellite other than the Satellite, provided, however, that we shall give the Customer thirty (30) days' advance written notice of any planned move, and, provided further, that we will not exercise this relocation right without good cause, such cause to be determined at our sole discretion, and that we will take all reasonable efforts to avoid that the Customer be required to take any related adjustment actions to maintain Services. In any event, we shall have the right, by providing 24 hours written notice to the Customer, to change the Satellite transponder frequency on any day, provided that such change in frequency would not require more than minimal Customer action and, provided further, that such change would cause less than thirty (30) minutes of outage to the network. The Parties agree to meet to discuss what additional costs to the Customer, if any, may result from such changes.

4.3 The Customer acknowledges and agrees that we shall have the right to replace Customer's existing CPEs with upgraded CPEs provided that our commitments under this Agreement will continue to apply with respect to such replaced CPEs. The Parties agree to meet to discuss what additional costs to the Customer, if any, may result from such replacements.

 

5. Charges for Service
5.1 Charges for using the Service will be as shown in the Price List and will commence from the date the Service is first made available to you.

5.2 You will receive an itemized invoice showing all charges. This will be sent to your specified e-mail address.

5.3 You must pay your monthly invoice by the date stated on the invoice. For any overdue payments we may charge interest at 2% above the base lending rate of Barclays Bank Plc. We reserve the right to make a charge for administration costs which we incur in the case of late payment or non-payment of Charges.

5.4 The charge for installation, if applicable, and the first monthly payment shall be a single payment to be made in the manner shown on the Order Form.

5.5 All monthly payments are to be made in the manner shown on the Order Form. Before any Product is installed or Service provided, your signed mandate must have been accepted by OIFNET.

5.6 You must pay the Charges to us or in any other method that OIFNET indicates.

5.7 Deliveries must be prepaid, otherwise the equipment remains the property of OIFNET .

5.8 Shipping charges are not included in the product prices. Payment for shipping shall be due and payable in full by the Customer prior to shipment

5.9 Prices are based on the prevailing euro/US$ exchange rate. In the case of extreme and demonstrable fluctuation in this exchange rate either the Customer or OIFNET has the right to request a new quote.

 

6. Customer Responsibilities
6.1 You must use the Product and the Service in the manner described in any instructions issued by us.

6.2 You agree: (a) and warrant that all factual information you provide to us is correct; (b) to take adequate precautions to prevent damage to or unauthorized use or theft of the Product and Service; (c) that the Product shall at all times remain our property; and (d) to inform OIFNET immediately by telephone and in writing if the Product is lost, stolen, damaged or destroyed or likely to be used in an unauthorized manner and to co-operate with us in our reasonable security and other checks.

6.3 If the Product is lost, stolen, damaged or destroyed you will be responsible for any Charges incurred until you have informed us by the manner specified in 6.2 of this agreement.

6.4 You must not use or permit any other person to use the Service (a) fraudulently or in connection with a criminal offence; (b) to send, receive, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax, in breach of any Rights or privacy or otherwise unlawful; (c) to cause annoyance, inconvenience or needless anxiety; or (d) other than in accordance with the acceptable use policies of any connected networks and (if appropriate) any relevant Internet standards.

6.5 You must tell us immediately by advising us at Suite 2B , Centre Plaza , Main Street , Gibraltar If anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Service and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.

6.6 You will be required at all times to provide adequate insurance against loss, theft and damage for the Product located at your site.

6.7 You agree to provide access to the site at all reasonable times for the purposes of installing and maintaining the Product.

6.8 FAP (Fair Access Policy) to ensure optimal performance of the Customer network for all Hughes HN Sites, you must adhere to the FAP. For details on FAP you can download the FAP details.pdf file.

 

7. Our Rights to Disconnect access to the Service
7.1 We can at our discretion disconnect your access to the Service: (a) if any of the circumstances in paragraphs 8.1 or 5.4 Terms and Conditions apply to you; or (b) in the event of loss or theft or if we have reasonable cause to suspect fraudulent use of the Product.

7.2 You must pay a reconnection charge if your access to the Service is temporarily disconnected for the reasons stated in paragraph 7.1. As a condition of reconnecting your access we will require you to authorize a Direct Debit authority for the payment of Charges.

7.3 If we disconnect your access to the Service because you break this Agreement, the Agreement will still continue. You must pay all Charges until the Agreement is ended by notice under paragraph 8.2.

 

8. Ending the Agreement
8.1 In addition to anything else we can do, we can end the Agreement at any time if: (a) you fail to pay Charges when they are due, including any deposit we have asked for or if you break this Agreement in any other material way; (b) we have reasonable cause to believe that Service is being used in a way forbidden by paragraph 6.4 of this agreement, even if you do not know that the Service is being used in such a way; and you do not correct the situation within 7 days of our request, (c) if you fail to provide a suitable environment for the Product or fail to exercise reasonable care regarding the Product or if (d) you are the subject of a bankruptcy order, become insolvent, make any arrangement with or for the benefit of creditors and/or if being a company you go into either voluntary or compulsory liquidation or if a receiver is appointed over your assets.

8.2 This Agreement may be ended either by you or us giving at least 30 days' notice. You must pay all Charges incurred during the Agreement and all reasonable costs we may incur in removing the Product from your premises. To terminate your agreement, you must give proper notice to OIFNET in the manner specified in this agreement.

8.3 You may terminate this Agreement after 12 months.

8.4 If this Agreement is ended during the Minimum Period, you must pay the monthly subscription charges up to the end of the Minimum Period.

8.5 You may end this Agreement at any time by giving us written notice if; (a) we break this Agreement in any way and we do not correct the situation within 30 days of your request; or (b) we go into liquidation or a Receiver is appointed over our assets.

8.6 Upon the ending of this Agreement for whatever reason, you will allow us all reasonable access to the site for the purposes of removing the Product.

 

9. Limitation of Liability
9.1 We have no liability other than the duty to exercise the reasonable skill and care of a competent broadband service provider. We do not accept liability for indirect or consequential loss, such as loss of profits, business, or any other form of economic loss.

9.2 We accept liability for death or personal injury resulting from our own negligence.

9.3 If we are found liable to you, our liability will not exceed £3,000 except under paragraph 9.2.

9.4 Each provision of this paragraph 9 operates separately. If any part is found by a Court to be unreasonable or inapplicable the other parts will continue to apply.

10. Matters beyond our reasonable control
Except for the obligations under paragraphs 5, 6, 7 and 8, if either of us cannot do what we have promised in this Agreement because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible (including other telecommunication providers), or acts of local or central Government or other competent authorities, we will not be liable for this.

11. Changes to the Agreement
We may change this Agreement and the Charges at any time. If we increase the Charges for the elements of the Service you are using or change this Agreement to your disadvantage, we will give you 30 days' notice before the changes take place.

12. Assignment
12.1 You cannot transfer the Service to anyone else unless we agree in writing.
12.2 We shall be entitled to assign or transfer our rights and obligations under this Agreement or any part of it to any third party.

13. General
13.1 Any notice under this Agreement must be in writing and delivered by hand or sent by pre-paid post to us at the address given on your statement or to you at the address stated in your application as your address or any other United Kingdom address you supply to us for this purpose.

13.2 You must tell us promptly in writing if you change your name and address or there are any changes to your bank account arrangements, which may affect your payment of the Charges.

13.3 if you fail to comply with this agreement, and we elect to overlook/waive such failure, we reserve the right to terminate this agreement in the event of future non-compliance.

14. Third-Party Rights
Third parties cannot benefit from this Agreement under The Contracts (Rights of Third Parties) Act 1999 ( United Kingdom ).

15. Law
This Agreement is governed by English law.

16. Use and Disclosure of Information
16.1 You agree that we may search the files of credit reference agencies which will keep a record of that search. We may also carry out identity and anti-fraud checks. Details of how you conduct your account may also be disclosed to those agencies. The information may be used by other parties in assessing applications for credit from you and for debt tracing, credit management and crime and fraud detection and prevention.

16.2 You authorize us to use and disclose, in the United Kingdom and abroad, information about you and your use of the Service and how you conduct your account for the purposes of operating your account and providing you with the Service or as required under law to our associated companies or agents, debt collection agency or credit reference agency. You agree to this information being used by us for credit control purposes as well as for fraud and crime detection and prevention.

17. Internet Access
17.1 Access to web sites or resources is your responsibility. We neither accept responsibility for these nor endorse their content.

17.2 For Internet access, you understand that all the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet using the Service ("Information") whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such information originated. This means that you, and not us, are entirely responsible for all information that you upload, email or otherwise transmit via Internet access.

17.3 Your dealings with, and interest in, promotions, services, or merchants found by using the Service, or otherwise, unless explicitly stated by us, are solely between you and the person with whom you are dealing. We will not be responsible for any losses or damages that may arise from any such dealings.

18. Installation and Delivery of the Product
18.1 Where you have asked us, and we agree, we will either ourselves or through a subcontractor, install the Product at the relevant location on the date agreed (in accordance with our standard installation specifications).

18.2 It is your responsibility to obtain all necessary consents from the landlord and relevant planning authority and provide evidence to OIFNET of having done so. If such approvals are not confirmed within six (6) months of commencement of this Agreement, then OIFNET reserves the right to immediately terminate this Agreement and no refunds or compensation will be due to you.

18.3 We will use reasonable endeavors to make the date for installation at one of your preferred times. We will advise you of the date but we reserve the right to change it by notice to you. We do not guarantee the delivery date for any product.

 

19. Export Control

The equipment under this Agreement and associated information of OIFNET may be subject to U.S. export control laws and export or import regulations in other countries. The End User agrees to comply strictly with all such laws and regulations and acknowledges the responsibility to obtain required licenses to export, re-export or import the CPE, Communications Services and information provided hereunder, as may be required.

20. Warranty

20.1 We shall provide a warranty for any products purchased hereunder. We warrant that during the Warranty Period, the Products shall be in compliance in all material respects with the specifications and shall be free from material defects in workmanship and materials. "Warranty Period" means a period of 12 months from the date of delivery to the Customer.

20.2 Under the warranty, we shall, at our sole option and expense, repair or replace any Products found to be defective during the Warranty Period and returned to our premises at the Customer's expense. Return of the repaired or replaced CPE to the Customer's original destination shall be at our expense unless we determine that the Product is not defective within the terms of the warranty, in which event the Customer shall pay OIFNET all costs of handling, transportation and labor at our' then prevailing rates.

20.3 The warranties and Customer's remedies thereunder are solely for the benefit of the Customer and shall not be extended to any other person. The Customer shall be solely responsible for the selection, use, efficiency and suitability of the Product. This warranty shall not apply to any equipment that: (a) has had the serial number, model number or any other identification markings removed or rendered illegible; (b) has been damaged by improper operation, maintenance, misuse, accident, neglect, failure to continually provide a suitable operating environment (including necessary ventilation, electricity, protection from power surges, cooling and/or humidity), or from any other cause beyond our reasonable control, including force majeure, and without our fault or omission or negligence or the fault or negligence or omission of OIFNET employees, agents or other representative;(c) has been used in a manner not in accordance with the instructions supplied by OIFNET; (d) has been subject to the opening of any sealed components without our prior written approval; (e) has had changes made by the Customer or the Customer's agents to the physical, mechanical, electrical, software or interconnection components of the Equipment supplied by OIFNET without written authorization of OIFNET to do so; or (f) has been repaired or otherwise altered by anyone not under the control of, or not having the written authorization of OIFNET to do such repair or alteration.

20.4 Notwithstanding the warranties hereunder, we do not warrant that the Software will be error free or uninterrupted in its use or operation.

20.5 The warranties provided in this section constitute our sole and exclusive liability for defective or non-conforming equipment, software and services and shall constitute the customer's sole and exclusive remedy for defective or nonconforming equipment, software and services. These warranties are in lieu of all other warranties, express or implied or statutory, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, and are in lieu of all obligations or liabilities on the part of OIFNET for damages.

20.6 In addition, we shall provide the Customer, upon the Customer's request, with our' equipment maintenance services starting after the warranty period has passed. The Customer shall have the option of purchasing such services by payment to OIFNET of a monthly fee in an amount to be agreed by the Parties.

21. Intellectual Property.

The Customer acknowledges and agrees that:

(a) All intellectual property rights subsisting in or related to the performance of the Agreement, including, but not limited, to patents and other know-how, copyright and trademark, both registered and unregistered, owned and/or otherwise used by OIFNET and all goodwill related thereto (collectively the "IP Rights") are and shall remain at all times the exclusive property of OIFNET or, as the case may be, its vendors, licensors and/or subcontractors, and may not be exploited, reproduced or used by the Customer except as expressly permitted in the Agreement: and the Customer shall not have or acquire any right, title or interest in or otherwise become entitled to any IP Rights by taking delivery of, making payment for, distributing and/or selling or otherwise using the Services. The Customer shall take all reasonable measures to ensure that all IP Rights are not misused or misappropriated; and

(b) Should the provision of the services under the Agreement become, or in our opinion be likely to become, the subject of a claim of infringement of any copyright, patent or trade secret, we may terminate the Agreement with no further obligations on the part of either party as of the effective date of termination except for each party's obligation to settle all obligations owed to the other party up to the effective date of termination.

(c) Should we become aware of an intellectual property rights infringement related to the use of this service by the Customer, we reserve the right to disconnect that Site either temporarily or permanently.

(d) We grant to the Customer and the Customer accepts a non-exclusive license to use or have used the Software residing in OIFNET-provided product, but only for the purpose of causing such kit to operate for the provision of transmission services and not otherwise. The Customer shall not permit any third party to gain access to the Software or transfer the Software to any third party, copy or permit to have copied the Software, reverse engineer, disassemble, de-compile, or transmit the Software in any form or by any means. Violation of these restrictions shall entitle us to terminate this Software License without liability, take possession of the product and Software, and terminate this Agreement for breach. Software is and shall remain the exclusive property of OIFNET, our licensors, vendors or subcontractors, as applicable. No license other than that specifically stated herein is granted to the Customer, and the Customer shall have no right under patent, trademark, copyright, trade secret or other intellectual property of Service or our vendors other than those granted herein.

 

22. Indemnity/Limitation of Liability

22.1 Customer shall defend, indemnify and save OIFNET harmless from and against injuries, loss or damage to our employees or property or to the person or property of third parties to the extent they are caused by the willful or negligent acts or omissions of the Customer (and all risk of loss and damage to the property caused by anyone other than OIFNET and its subcontractors while the property is in the Customer's control or custody), and from and against any and all claims, expenses, or losses arising out of or in connection with the application or content of the Customer's transmissions.

22.2 OIFNET shall defend, indemnify and save the Customer harmless from and against injuries, loss or damage to the Customer's employees or property or to the person or property of third parties to the extent they are caused by the willful or negligent acts or omissions of OIFNET or that of its subcontractors, agents, or representatives while performing its duties at the Customer's Sites.

22.3 UNDER NO CIRCUMSTANCES SHALL EITHER OIFNET OR THE CUSTOMER BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING), INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF USE, LOSS OF REVENUES OR DAMAGES TO BUSINESS OR REPUTATION ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF ANY ASPECT OF THE SERVICE WHETHER OR NOT OIFNET OR THE CUSTOMER SHALL HAVE BEEN MADE AWARE OF THE POSSIBILITY OF SUCH LOSS. THIS SECTION SHALL NOT BE APPLICABLE TO ANY DIRECT DAMAGES ARISING FROM SUCH DEATH, PERSONAL INJURY, OR THIRD PARTY PROPERTY DAMAGE. THIS SECTION SHALL APPLY TO ALL OTHER LIABILITY, LOSSES OR CLAIMS UNDER THE SERVICE, HOWEVER ARISING. EXCEPT AS STATED HEREIN, OIFNET PROVIDES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE RESPECTING SERVICES PERFORMED UNDER THE AGREEMENT.