“Agreement” means an Order Confirmation, these Standard Terms and Conditions and Blue C Mobile's Master Service Agreement.
“Blue C Mobile” means Blue C Mobile Pte Ltd, company registered in Singapore with UEN No: 201701544M, and registered address at 80 Robinson Road , #02-00 Singapore 068898.
“Customer” means an individual or a company who has entered into an Agreement with Blue C Mobile for the supply of any goods or services by us.
“Customer Equipment” means such equipment as defined in the Order Confirmation.
"Parts" means such spare parts that are a part of the Customer Equipment
"Services" has the meaning as ascribed to it in Paragraph 1.
"Qualifying order" means the initial order(s) by a partner to fulfill the requirement to qualify for their partner tiering.
1. Blue C Mobile Services: Customer has contracted Blue C Mobile to provide services as stipulated in the Agreement subject to such terms and conditions as detailed in the Agreement (the "Services"). Customer agrees to the terms of service as indicated in the Agreement.
2. Equipment: Unless mutually agreed to in writing, the Customer, at Customer's expense, shall be solely responsible for purchasing the necessary Customer Equipment for use with the Services from Blue C Mobile or a Blue C Mobile authorized source. The Customer shall be responsible for maintaining and operating Customer Equipment, including being responsible for any damage, loss or theft.
3. Warranty : The Customer shall report a fault in Services or Customer Equipment by e-mail or other means of communication as Blue C Mobile may from time-to-time notify to the Customer. The Customer will at the time of report of such fault provide Blue C Mobile with a contact name and e-mail address to enable Blue C Mobile to advise progress being made to clear the fault. If the Customer reports a fault in Services or Equipment, Blue C Mobile will, in its reasonable discretion, respond by carrying out one or more of the following actions:
- (a)Provide assistance by e-mail, including advice, where appropriate, as to test and checks to be carried out by the Customer;
- (b) Provide spare parts for the Customer Equipment if the Customer Equipment is within the warranty period (with the usual warranty period being twelve (12) months), and in such instance, the Customer bears the transportation costs of the faulty Customer Equipment back to Blue C Mobile's premises or such other location as Blue C Mobile may specify, and the transportation costs of delivering replacement Parts for the Customer Equipment to the Customer premises (in general, the new warranty period for such replacement Parts would be twelve (12) months from the time such replacement Parts is shipped out).
Blue C Mobile reserves the right to charge the Customer for service and/or repair work related to faults caused by the Customer's failure to safeguard and maintain equipment according to Blue C Mobile's instructions.
4. Availability of Services: The Services (and in particular, the satellite services) provided by Blue C Mobile may be temporarily interrupted, delayed or otherwise unavailable. Blue C Mobile makes no representation or warranty that Services will not be interrupted.
5. Safety at sea notification: Blue C Mobile equipment (including Customer Equipment) and Services are NOT recognized as maritime distress devices. Customer acknowledges that that Blue C Mobile's system and equipment should not be used for distress or safety at sea purposes.
6. Licensing: Customer is responsible for abiding by all international and jurisdictional laws, rules, licensing requirements and regulations regarding use of the Services and Customer Equipment.
7. Data: Customer is responsible for all charges related to data or other billable use of the Services. All Services provided in this agreement are subject to Blue C Mobile's Acceptable Use Policy as set out in the Master Service Agreement. Customer may change or alter aspects of the Services during the term of the agreement, subject to the terms and conditions of the Agreement. A data package purchased from Blue C Mobile is valid for (12) months after purchase date. Change fees, equipment storage, shipping and labour fees may apply to changes made to existing Service Orders.
8. Invoicing and Billing: Blue C Mobile will invoice customer for data services. Payments will be due, and made in the form and currency, based on terms indicated in your order confirmation. Qualifying orders will need to be paid in full before equipment or data packages are delivered. Validity start date of the initial data package purchased will be recognized at the first data allocation to a user or 60 days after the receipt of the enabling hardware, whichever comes first.
9. Taxes: Prices established in the Agreement are exclusive of taxes and other fees which may be imposed by government and regulatory authorities with jurisdiction over the parties for the provision or use of the Services. Customer will pay such taxes and/or other fees directly to the taxing authority and/or if Blue C Mobile is required to pay any taxes or fees, reimburse Blue C Mobile for such taxes or fees.
10. Non-Payment/Breach: If Customer does not make payment of all or any part of the invoiced charges in accordance with the Agreement, Blue C Mobile may, in its sole discretion, suspend Services. Blue C Mobile shall only initiate the reinstatement of Services to Customer when Customer has to Blue C Mobile's satisfaction, paid in full all charges then due, including any late fees, interest charges, collection costs and any cost of reinstating Services.
11. Limitation of liability: Blue C Mobile makes no other warranties about the services or equipment provided hereunder, whether express or implied, written or oral, including but not limited to, any warranty of merchantability, fitness for a particular purpose or use, title, non-infringement or any warrant arising from course or performance or course of dealing.
12. Governing Law: This Agreement is made pursuant to and shall be construed and enforced in accordance with the laws of the Singapore, without regard to choice of law principles. Any action arising out of or related to this Agreement shall be brought in the courts located in Singapore and Customer consents to the exclusive jurisdiction and venue of such courts.
Effective date: 10.03.2020
Last updated: 10.03.2020