Appendix
A
26
Installation Guide
CONFIDENTIAL AND PROPRIETARY
Release 1.0
Communicator equipped with a Monitoring Kit are not included in the accounting of usage
charges. Position reports are counted as 20 characters each. Invoicing. Invoicing cycles
follow the calendar month. Except as otherwise provided in your Service Plan, monthly
recurring charges (MRCs) and charges for usage are invoiced at the end of the month.
Payment. If you have authorized payment for Services or equipment by credit card or by
debiting a bank account, no additional notice or consent is required before we invoice the
credit card or debit the bank account for all amounts due to us or billed by us on behalf of a
third party. You must promptly notify us of any change in your invoicing address or of the
credit card or bank account used for payment. We reserve the right to require payment by
money order, cashier's check or other secured form of payment. If we take action to receive
payment beyond invoicing you for charges for Services or equipment, you must pay our
costs and expenses of collection, including attorneys' fees and expenses, the fees of any
collection agency and court costs. If we act as an invoicing agent for a third-party service
provider, payments received are first applied to amounts due and owing to us and any
remaining amounts are applied to sums due and owing to the third-party service provider.
We may charge an additional fee for any check or other negotiable instrument endorsed by
you and returned unpaid by a financial institution for any reason. You may be charged fees
for certain methods of payment.
Late Payment Charges. Payment is past due if we do not receive it by the due date shown
on your invoice. Any payment for Services and equipment not made when due accrues late
charges until paid at the rate of 5% per month or at the highest rate allowed by law.
Acceptance of late or partial payments (even if marked "paid in full") does not waive our
right to collect all amounts that you owe us.
Disputed Charges. You must raise any dispute that you have about any charges invoiced to
you within 15 days of the date of the invoice or you have accepted the invoice. You may
notify us of any dispute by notifying SkyMate Customer Care. Calls to our sales or general
business offices are not notice of a dispute. If disputed invoice procedures are described on
the invoice, you must follow them.
Termination. You may terminate Services at any time by giving us notice. Subject to the
terms of this Agreement, we may terminate Services at any time, with or without notice.
We may deactivate any Username before you receive notice of termination without liability
to you. Termination by either of us may be with or without cause. We may terminate or
suspend Services to you without liability (1) if you breach any provision of this Agreement
(including if you fail to pay any charges for Services), or (2) if you fail to pay any charges
due us for equipment or otherwise. If you promptly cure the breach, we may, but are not
obligated to, reactivate Services to you. You must pay all charges for (a) Services provided
before termination of a Number, and (b) equipment, regardless of who terminates Services.
If Services are terminated before the end of your current invoicing cycle (i) the monthly
recurring charge is not prorated to the date of termination, and (ii) you will not receive a
credit or refund for any unused usage in your Service Plan.
Taxes and Other Regulatory-Related Charges. We invoice you for taxes, fees and other
charges levied by federal, state or local authorities, or foreign government on Services. If
you claim any tax exemption, you must provide us with a valid tax-exempt document. Any
tax exemption applies only from the date we receive a valid tax-exempt document.
Roaming. System usage obtained outside of North America is called "roaming" usage.
Your SkyMate Communicator is provisioned to operate on the US Gateway of the
ORBCOMM satellite system. It works in other ORBCOMM Gateway regions (Europe,
South America, Asia) only when it has been specifically provisioned for roaming in the
designated Gateway region. Certain features are not available when roaming. Roaming
rates may be different from and higher than the rates you pay for usage within the US
Gateway region. When roaming, you are subject to the limitation of liability provisions and
other applicable rules imposed by the roaming service provider. Interruption of Service. We