The purchase or usage of any equipment and/or services implies that you have read and accepted these NorthernAxcess Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site. NorthernAxcess reserves the right to modify the NorthernAxcess Terms and Conditions at any time. Notice of modifications to these Terms and Conditions may be given to Customer by posting such changes to the NorthernAxcess website located at www.northernaxcess.com.
I. PERSONAL DATA AND PRIVACY.
II. CONDITIONS OF OTHER CONTRACTS.
The obligations of NorthernAxcess and the terms of services and sales under these Terms & Conditions are subject to the terms of the agreements under which NorthernAxcess purchases the Services and Equipment from Suppliers (each an "Other Contract"). To the extent fulfillment of any obligations under these Terms & Conditions is not possible or permissible under an Other Contract, the Other Contract shall prevail and such obligation shall be suspended or modified to the extent required by the Other Contract in NorthernAxcess’ sole discretion.
III. OPERATING PROCEDURES.
Customers shall follow the procedures outlined in the instruction manual(s) provided by NorthernAxcess, as well as those instructions provided by the Suppliers of Services and Equipment to NorthernAxcess. NorthernAxcess shall bear no responsibility for failure of Customers to use the Services/ Equipment in accordance with the said instructions.
IV. TECHNICAL ASSISTANCE.
Any technical assistance offered by NorthernAxcess in regard to the use of any Product or Service provided in connection with Buyer’s purchases is given free of charge and only as an accommodation to Customer and NorthernAxcess will have no responsibilities or liabilities whatsoever for the content or use of such technical assistance. NorthernAxcess will only provide technical support for its own products and services. NorthernAxcess will not provide technical support for Third Party products or services that work in conjunction with its products and services.
V. PREORDER POLICY AND CANCELLATION OF ORDERS.
An administration fee of 10% of the total amount paid for any orders or pre-orders will apply if an order or pre-order is cancelled after 24 hours of placing order or preorder, and 20% restocking fee for any returned purchases. NorthernAxcess is not responsible for the delay of any preorders due to the delayed release of preorder equipment by the manufacturer, and the following terms apply for all pre-orders if the manufacturer delays the release and/or shipment of the equipment. All preorders after the period of 24 hours are subject to these terms and any cancellations will also follow same terms.
Any and all shipping charges are not refunded. There is no refund for prepaid cards or airtime activation fees and deposits. Deposits are only refunded upon the customer fulfilling the monthly term.
VI. CANCELLATION OF SERVICE.
The customer will submit a written request no less than 30 (thirty) days prior to the requested cancellation date and send it via email to email@example.com. Any unpaid airtime and/or monthly service fees will be charged prior to the cancellation of the contract.
VII. INTERNATIONAL ORDERS.
All orders of international origin are exported from the U.S. in accordance with Export Administration Regulations. All taxes, duties, insurance, shipping charges, and other international charges and fees are the responsibility of the Customer. Information including price quotations, handling, documentation and shipping can be obtained by contacting the NorthernAxcess Sales Team. If the customer or purchaser refuses or denies to pay taxes or customs duties fees after package has already been shipped and is transit to the buyer,at that point any refund is fully at the discretion of NorthernAxcess. Some of the extra charges that will be deducted out of any possible refund given,will be; shipping cost back to NorthernAxcess, the payment of all duties and customs fees in which NorthernAxcess will have to pay to retrieve the package back, and the loss of any time and wages in which NorthernAxcess incrues to retrieve the package back. If the customer or buyer would like to seek a refund, then all above noted, tax duties, custom fees, shipping costs, and time and wages that NorthernAxcess incrues in the retrieval of the package will then be deducted from the refund amount in which NorthernAxcess seems fit to give in going along with our term and conditions, and return and refund policies. *Note: Any customer or purchaser seeking refund will always go according to our return and refund policy first and then added expenses such tax duties, customs fees, and shipping will be added to starndard restocking, administration, and cancellations fees. NorthernAxces is not responsible and will not issue a refund or accept returns of the equipment, if any equipment sold is held by customs of any country due to a requirement of special certificates, licenses, permits or any type of document required by the customs regulation laws to release any equipment to the recipient in that country. Any certificates, licenses, permits or documents of any kind needed to own the satellite equipment device in the country that is being ship to, is the buyers responsability.
NorthernAxcess shall provide Equipment and/or Services to the Customer upon acceptance of a Customer's subscription or rental order. All orders are subject to credit verification and NorthernAxcess’ approval.
A. SERVICE AVAILABILITY: Services are available exclusively within the current operating range of NorthernAxcess’ service provider's territory (the “Supplier”). Refer to www.northernaxcess.com for details on territories where Services are available under the Customer's selected service plan (the "Service Plan").
B. SERVICE RULES: Service and Equipment may not be used for any unlawful, fraudulent or abusive purpose and must be used as required by all applicable laws. The Customer is prohibited from storing, distributing or transmitting any unlawful material through NorthernAxcess services.
C. LIABILITY REGARDING SERVICE: NorthernAxcess will not be liable for any damage, loss of property, personal injury, death, opportunity of earnings, any other type of loss whatsoever resulting from the customer’s use of service and/or equipment , including but not limited the use of emergency services such as 911. Customer acknowledges that the use of the service for any type of emergency such as medical, potential personal injury, loss of life, property damage, is at customer’s own risk and that services and/or equipment may not perform properly at the event of any type of emergency listed above. This limitation also applies to acts or omission of NorthernAxcess, its supplier, agent, employees and all person for whom it may be responsible. NorthernAxcess does not guarantee the provision, consistency and quality of the service as provided by its supplier. NorthernAxcess is not responsible for any interruptions, delays, inconsistencies, or failure of the network or security breaches regardless the source of any such problem including but not limited NorthernAxcess fault or negligence. NorthernAxcess shall not be liable to Customer, nor shall Customer make any claim against NorthernAxcess or its Suppliers, for injury, loss or damage sustained by reason of any unavailability, delay, faultiness or failure of the facilities, equipment and/or services to be provided by NorthernAxcess pursuant to this Agreement.
IX. ALL SIM CARDS (Also Noted As Airtime Cards).
A. All NorthernAxcess prepaid sim cards are shipped out un-activated so the customers do not lose any service while in transit and for security purposes in case the shipping courier has delays or misplacement issues of the package. Unless otherwise noted via our webiste, were a date can be scheduled for activation for the prepaid sim card, or an email was sent to us with prior arrangements stating that you 'the customer' are requesting the prepaid sim card to be activated on a specific date, then all prepaid sim cards or airtime cards will be activated within 30 days of the order placement.
B. Information contained in any SIM card(s) (the "Card") furnished to the Customer in a rental order is the property of NorthernAxcess. The Customer agrees not to interfere with the information contained in the Card and shall promptly return the Card to NorthernAxcess upon termination of this Agreement
NorthernAxcess will use reasonable efforts to deliver the Equipment by the requested delivery time.Customer acknowledges that shipment and delivery dates provided by NorthernAxcess are estimates only and that NorthernAxcess will not be liable in the event of any delay or for failure to achieve such date. The Customer will accept the Equipment when delivered on or before the delivery time and if for any reason the Customer fails to accept the Equipment when delivered on or before such date the, Customer shall be liable for the stated charge in full. NorthernAxcess is not responsible for recipient not being available to receive delivery, incorrect addresses, phone numbers, or insufficient delivery information placed on the initial order. Subject to NorthernAxcess right of stoppage in transit, delivery of the Products to the carrier shall constitute delivery to Buyer and title and risk of loss shall thereupon pass to Buyer. Selection of the carrier and delivery route shall be made by Seller unless specified by Buyer.
If you received a package that the outside packaging has been damaged or got wet in any way, then for NorthernAxcess to assist you to open a claim for receiving damaged equipment, this package must be rejected inmediately and sent back to NorthernAxcess. If package is not rejected and not reported to NorthernAxcess within the next day of delivery or being signed for, then NorthernAxcess will assume you have accepted delivery and responsability of all equipment ordered and that all items have arrived in acceptable condition. At that point all regular Return Policies apply.
XI. FORCE OF MAJEURE.
NorthernAxcess shall not be liable for its inability to secure sufficient quantities of any Product or failure to deliver due to causes beyond NorthernAxcess reasonable control including, but not limited to, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing NorthernAxcess from performance and barring remedies for non-performance. In an event of force majeure condition, NorthernAxcess’ time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting NorthernAxcess to any liability or penalty. NorthernAxcess may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to Buyer.
XII. RATES & PAYMENT:
A. All charges will be in accordance with NorthernAxcess' current rate schedule for the selected rate plan at the time of use. NorthernAxcess reserves the right to modify and/or add rates and charges from time to time, without prior notice to the Customer. All prices shown and quoted are in U.S. dollars.
B.The Customer is charged a pre-payment at the time their order is shipped which includes the first month's subscription charge, any hardware charges and applicable taxes.
C. All applicable taxes shall be added to the usage and rental/purchase price, unless the Customer provides an executed resale exemption certificate to establish exempt status as a reseller of Equipment and/or Services which meets and satisfies the requirements of the levying tax authority in question.
D. NorthernAxcess will provide Customer with monthly invoices (which may be delivered to Customer’s email address) reflecting monthly recurring charges billed in advance and usage charges billed in arrears. Calls may be billed several months after they were made due to delays in receiving call records from partner networks.
E. All credit card payments will be processed on or after the 3rd day of every month. If the Customer has furnished a credit card number for the payment of charges under this Agreement, then the Customer represents that he or she is an authorized signer on the account of such credit card.
F. All amounts on invoices not otherwise automatically and successfully paid by credit card, as provided herein, are due 15 days after the date of the invoice, after which time the invoice shall be considered past due.
G. A late payment charge of 1.5% interest per month, or 20% per year, is applicable against all overdue balances. NorthernAxcess reserves the right to suspend or terminate Customer’s service for non-payment of an invoice, including unbilled usage
H. The Customer shall inform NorthernAxcess of any disputes or disagreements with invoiced charges within 15 days of the date of invoice. Thereafter, the Customer shall be deemed to have waived its right to dispute charges. In addition, the Customer agrees to assume personal responsibility for all payments due in consideration of this Agreement.
I. If customer has concerns about its service performance, the Customer must formally contact NorthernAxcess Technical Support regarding the issue during their travels. In situations where the service is deemed not to have worked during travels, NorthernAxcess will be unable to provide compensation, if NorthernAxcess was not given the opportunity to troubleshoot and resolve issues during the service period.
J. Rates are subject to change without notification.
K. NorthernAxcess reserves the right to suspend and/or terminate satellite service of any Customer for the following reasons: non-payment of money owed & refusal to supply a valid credit card for ongoing service and airtime fees. Suspension will only be carried out after NorthernAxcess has made every effort to contact the Customer regarding their account status.
NorthernAxcess may terminate this Agreement at any time without notice if it suspects any violation of any term or condition of this Agreement and/or if payment has not been made when required by NorthernAxcess. The Customer shall be responsible for all charges outstanding at the time of termination. NorthernAxcess may also terminate Services in the event that an Other Contract expires or is terminated, provided that termination of the Services shall only be with respect to the Service provided pursuant to that Other Contract.
The Customer must notify NorthernAxcess immediately regarding lost, stolen, or damaged Equipment / SIM Card / IMEI if the Customer suspects or should reasonably suspect that the Equipment / SIM Card / IMEI is being used in an unlawful or fraudulent manner. The Customer is responsible for all charges incurred up until the time of said notification. NorthernAxcess requires evidence of alleged loss or theft in the form of a police report. Upon said notification, or if NorthernAxcess suspects any wrongdoing, NorthernAxcess will terminate or suspend the Services. The Customer is prohibited from utilizing NorthernAxcess' services to compromise the security of or tamper with NorthernAxcess' system of resources or accounts on any of NorthernAxcess' computers, routers, terminal servers, modems, or any other equipment at NorthernAxcess or any other site. Use or distribution of tools designed for compromising security is prohibited. The Customer agrees to provide reasonable co-operation in any investigation of unlawful use of Services or Equipment. If Loss/Theft/Damage Protection is not purchased, the Customer will be charged the full replacement value for any missing or damaged equipment.
Duration and range of included warranties on Equipment are limited to the manufacturer's warranty. Please refer to the Manufacturer's website or product manuals/packing for more information. NorthernAxcess provides a warranty of 90 days on all refurbished and used satellite equipment. NorthernAxcess provides a warranty of 30 days on equipment repairs performed by NorthernAxcess. Equipment repairs performed by the original manufacturer are subject to the warranty terms of the manufacturer. NorthernAxcess provides no warranties with respect to the Services.
XVI. PRODUCT RETURNS.
If a request is made to return a product, the product must be in its original condition and unopened to be returned. If after opening, testing and using the equipment, then only an exchange for the exact same equipment will be done under the terms of the manufcaturer warranty for defective products (Must be determined by the Maufacture if Product is defective or not). However under the discretion of NorthernAxcess, we may choose to buy back the product at wholesale or used prices.The product must be returned within 14 days of the purchase date. If the product is not returned wthin 14 days of the purchase date, the sale will be considered final and non-refundable. All returned product received within 14 days of the purchase date are subject to a restocking fee of 20% of the total value of the sale; this will be deducted from the refund. NorthernAxcess do not refund the original shipping and handling that was paid on the order. All requests must be made in writing to firstname.lastname@example.org.
NON-RETURNABLE and NON-REFUNDABLE products include:
ALL SALES ARE FINAL
Portable Satellite Voice & Data Terminals (All Brands)
In the case of Portable Satellite Voice & Data Terminals with possible Manufacturer defect ONLY, you may first attempt to contact the manufacturer for warranty exchange or repair. If you wish for NorthernAxcess to assist with the process, then following terms will apply. The customer must pay for the return shipping to NorthernAxcess Repair Center for Evaluation and Bench Testing using our RMA form. If it is determined as non manufacturer defect, then charges of Bench Testing could be charged at NorthernAxcess discretion. If customer want to go forward with the repair of the unit, then all repair cost will be charged to the customer along with all return shipping cost. If it is a manufacturer defect, it will be exchanged with either a new, repaired or refurbished device. The time frame for receiving the exchange from maufacturer is at the discretion of the manufacturer and can take anywhere from 1 to 3 Months. The return shipping of the exchange unit back to the customer will be paid by NorthernAxcess.
Fixed Satellite Voice & Data Terminals (All Brands)
In the case of Fixed Satellite Terminal with possible Manufacturer defect ONLY,you may first attempt to contact the manufacturer for warranty exchange or repair. If you want NorthernAxcess to assist with the process of contacting the manufacturer, then the following terms will apply. The customer must pay for the return shipping to NorthernAxcess Repair Center for Evaluation and Bench Testing using our RMA form to determine if the unit has a manufacturer defect. If the unit is determined to have a manufacturer defect then the unit will be sent in for repair under the Manufacturer Warranty policies. At the point the manufacturer will bench test the unit to determine if it is a manufacturer defect. If it is a manufacturer defect, it will be exchanged with either a new, repaired or refurbished device. The time frame for receiving the exchange from maufacturer is at the discretion of the manufacturer and can take anywhere from 1 to 3 Months. If it is determined as non manufacturer defect, then charges of Bench Testing could be charged at NorthernAxcess discretion and possibly by the manufacrurer if device was sent to the manufacturer for bench testing. If customer wants to go forward with repair of the unit, then all repair cost will be charged to the customer along with all return shipping cost.
Repairs & Parts
If a repair done by NorthernAxcess within the 90 Day Policy is thought to have a faulty replacement part, then customer is responsible to pay the shipping cost to return the item to NorthernAxcess and fill out the RMA Form. If is determined that the replacement part used for the repair is faulty, NorthernAxcess will repair the device and pay for return shipping back to the customer. In the case that is not a faulty replacement repair part and is due to a user error of some form then customer will be responsible for the repair and shipping cost.
FINAL NOTES FOR ALL ORDERS AND PREORDERS RETURNS AND CANCELLATIONS
An administration fee of 10% will apply if an order or pre-order is cancelled after 24 hours of placing order or preorder, and 20% restocking fee for any returned purchases. NorthernAxcess is not responsible for the delay of any preorders due to the delayed release of preorder equipment by the manufacturer, and the following terms apply for all pre-orders if the manufacturer delays the release and/or shipment of the equipment. All preorders after the period of 24 hours applies by these terms and any cancellations will also follow same terms.
Any and all shipping charges are not refunded. There is no refund for prepaid cards or airtime activation fees and deposits. Deposits are only refunded upon the customer fulfilling the monthly term.
All prices are in USD.