Inmarsat IsatPhone Pro Service Agreement Please print legibly. Complete ALL information fields and return entire Agreement to SatellitePhoneStore.com via: FAX: 1.877.971.2255 MAIL: 2100 19th Street SCAN & EMAIL: fax@satellitephonestore.com Sarasota, FL 34234 Call 1.941.955.1020 or 1.877.WHENEVER (943.6383) with questions or concerns. SECTION 1 CUSTOMER INFORMATION Residential Commercial Government Customer Name Company Name (if any) Date of Application Applicant s Address City State Zip Country Daytime Phone Number Cell / Mobile Number Fax Number Primary email Secondary email (Used to send shipping confirmation and billing records) Alternate contact person information: Name Phone Number Email Delivery address is different from above Residential Commercial Government Attention to: Street Address City State Zip Country This Inmarsat Service AGREEMENT ( Agreement ) is made and entered into as of the date indicated below between Whenever Communications LLC. DBA: SatellitePhoneStore.com and the Customer. Page 1 of 6
SECTION 2 ISATPHONE PRO SERVICE PLAN SELECTION Single SIM Plans IsatPhone Pro Entry Mid High IsatPhone Link Service Contract Term 1 Month 12 Month 12 Month Subscription Fee $34.50 $54.50 $65.00 Free Mins Per Month 10 30 60 Airtime Mobile to Fixed $0.94 $0.94 $0.85 Airtime to Cell $1.05 $1.05 $0.95 Voicemail $0.94 $0.94 $0.85 SMS $0.47 $0.47 $0.45 Data Mobile to Fixed $0.94 $0.94 $0.85 BGAN/FBB/SBB Voice $0.85 $0.85 $0.85 GSPS Voice $1.10 $1.10 $1.10 Inmarsat B Voice/Fax/Data $2.95 $2.95 $2.64 Inmarsat M Voice/Fax/Data $2.50 $2.50 $2.25 Inmarsat Mini-M Voice/Fax/Data $2.15 $2.15 $1.93 Inmarsat GAN/Fleet/Swift64 $2.15 $2.15 $1.93 Inmarsat Aero Voice $4.20 $4.20 $3.75 Iridium Voice $9.32 $9.32 $9.32 Globalstar Voice $6.78 $6.78 $6.78 Thuraya Voice $4.24 $4.24 $4.24 Other MSS Carriers $5.90 $5.90 $5.25 Notes for MEDIUM (30) minute plan: In bundle minutes are calls to PSTN, to cellular and voicemail - all other call types charged for on usage basis Also available as quarterly and yearly plan - to be paid in advance Out of bundle traffic charges are regular charges The minimum duration for the Medium Plan is 12 months. Deactivation before the minimum duration period is complete will result in an Early Termination Fee Notes for HIGH (60) minute plan: Allowance for MO traffic to fixed, cellular, Voicemail, GSPS, SPS, BGAN, FBB and SBB - all other call types charged for on usage basis Also available as quarterly or yearly plan - to be paid in advance Out of bundle traffic charges are regular charges The minimum duration for the High Plan is 12 months. Deactivation before the minimum duration period is complete will result in an Early Termination Fee Annual Plan Cost Per Year Minutes Per Year Additional Minute Cost Emergency Plan $379.95 120 $1.58 Shared Corporate Access Plans (SCAP): SCAP: ALLOWANCE Page 2 of 6 5 SIMs 10 SIMs 25 SIMs 50 SIMs 100 SIMs Price/Month $325.00 $649.00 $1,625.00 $3,245.00 $6,485.00 Price/Quarter $975.00 $1,947.00 $4,875.00 $9,735.00 $19,455.00 Price/Year $3,900.00 $7,788.00 $19,500.00 $38,940.00 $77,820.00 Implied Mins/Month 382 764 1,912 3,818 7,629 Implied Mins/Quarter 1,147 2,291 5,735 11,453 22,888 Implied Mins/Year 4,588 9,162 22,941 45,812 91,553 200 SIMs 300 SIMs 400SIMs 500 SIMs Price/Month $12,965.00 $19,455.00 $25,930.00 $32,410.00 Price/Quarter $38,895.00 $58,335.00 $77,790.00 $97,230.00 Price/Year $155,580.00 $233,340.00 $311,160.00 $388,920.00 Implied Mins/Month 15,253 22,876 30,506 38,129 Implied Mins/Quarter 45,759 68,629 91,518 114,388 Implied Mins/Year 183,035 274,518 366,071 457,553
SCAP: ENHANCED 5 SIMs 10 SIMs 25 SIMs 50 SIMs 100 SIMs Price/Month $520.00 $1,1040.00 $2,595.00 $5,190.00 $10,375.00 Price/Quarter $1,560.00 $3,120.00 $7,785.00 $15,570.00 $31,125.00 Price/Year $6,240.00 $12,480.00 $31,140.00 $62,280.00 $124,500.00 Implied Mins/Month 612 1,224 3,053 6,106 12,206 Implied Mins/Quarter 1,835 3,671 9,159 18,318 36,618 Implied Mins/Year 7,341 14,682 36,635 73,271 146,471 200 SIMs 300 SIMs 400SIMs 500 SIMs Price/Month $20,745.00 $31,115.00 $41,485.00 $51,855.00 Price/Quarter $62,235.00 $93,345.00 $124,455.00 $155,565.00 Price/Year $248,940.00 $373,380.00 $497,820.00 $622,260.00 Implied Mins/Month 24,406 36,606 48,806 61,006 Implied Mins/Quarter 73,218 109,818 146,418 183,018 Implied Mins/Year 292,871 439,271 585,671 732,071 SCAP Plan Call Rates: Airtime MtF $0.85 Inmarsat M V/F/D $2.25 Airtime to Cell $1.02 Inmarsat Mini-M V/F/D $1.93 Voicemail $0.85 Inmarsat GAN/Fleet/Swift64 $1.93 SMS $0.45 Inmarsat Aero Voice $3.75 Data MtF $0.85 Iridium Voice $7.63 BGAN/FBB/SBB Voice $0.93 Globalstar Voice $6.78 GSPS Voice $1.21 Thuraya Voice $4.24 Inmarsat B V/F/D $2.64 Other MSS Carriers $5.25 SCAP Plan Information The Allowance SCAP Plan is available for both the Inmarsat IsatPhone Pro and Inmarsat IsatPhone Link devices. The Enhanced SCAP Plan is only available for the Inmarsat IsatPhone Pro Call rates are the same throughout all SCAP Plans A SCAP allows the sharing of a full money bundle amongst a group of SIMs with any SIM using as much of the allowance as required during the month SCAP allowance for MO traffic includes calls to all destinations Out of bundle charges apply when in bundle credit is exceeded In bundle charges are implied charges Allowance is shared between all SIM cards in a SCAP group with any single SIM being able to access the entire available allowance Every SCAP plan has a defined maximum number of SIM cards The minimum duration period is 12 months for the Allowance SCAP and 24 months for the Enchanced Allowance SCAP An Early Termination fee will apply when the last SIM card in a SCAP is cancelled within the minimum duration period SCAP allowances are also available on a quarterly or yearly basis Page 3 of 6
SECTION 6 SERVICE TERMS & CONDITIONS Notice: This Service Agreement is for a minimum of one (1) year. All airtime is billed from the United States in U.S. Dollars (USD). 1) Availability Of Limited Service: Service is generally available to satellite terminals equipped for this service when within the satellite footprint. Service is furnished to Customer or Customer s authorized user. A telephone number may not appear in more than one terminal. Customer has no property right in such number. WHENEVER COMMUNICATIONS LLC reserves the right to assign, designate, or change such number, when, in its sole discretion, such action is reasonably necessary in the conduct of its business. (2) WHENEVER COMMUNICATIONS LLC Service: Customer has contracted to have WHENEVER COMMUNICATIONS LLC provide the service and pricing under the terms detailed within this Agreement at Part 3. Inmarsat BGAN Service is provided via Inmarsat land earth stations and network connectivity through Inmarsat Satellite Services and/or Evolution Communications. Customer agrees to remain as a subscriber of the service for a period of ONE year from the date of service activation, and furthermore, agrees to pay any applicable activation, monthly service, service usage fees and any applicable taxes thereon. WHENEVER COMMUNICATIONS LLC reserves the right to change rates at any time. (3) Voice and Data Transmission Use & Dropped Calls: Due to the technical nature of voice and data satellite phone calls and the inherent sophistication of transmission through a variety of operating systems, WHENEVER COMMUNICATIONS LLC makes no representation as to the success of voice or data calls through the Inmarsat satellite system. Customer agrees that all voice and data call attempts regardless of ultimate successful transmission and termination will be paid for and no credits will be given in the event of dispute of this nature. Along with potential incorrect use (i.e.: next to a building/obstruction), customer is also responsible for any voice or data transmission at optimum speed, whether intended or not. Customer has been made aware of potential for significant airtime bills and accepts this responsibility. All satellite systems have some inherent flaws and anomalies that can create dropped calls of either voice or data nature. Dropped calls will not be credited. WHENEVER COMMUNICATIONS LLC can provide voice and data technical support beyond the normal provided setup instructions at an additional charge. Please consult with a sales representative for more details. (4) Changes/Early terminations/contractual Limitations: During the contract period, customer may change their pricing plan to a higher bundle without additional charge. Moving to a lower cost plan or canceling a service plan requires customer to continue to make the minimum payments of their original service plan for the remainder of their original contract period, then new plan rates will apply. Changing any service plan will renew the contract period for 12 months as of the effective date of the change. (5) Renewal: All service plans automatically renew at the end of their term unless WHENEVER COMMUNICATIONS LLC receives notification in writing prior to the end of contract term. Successive renewals will be for one (1) year service periods at the same terms and conditions contained herein. (6) Assignment: This Service Agreement cannot be assigned without the written consent of WHENEVER COMMUNICATIONS LLC. (7) Notice of Change/Termination: Notice of change or termination should be made in writing to the WHENEVER COMMUNICATIONS LLC Customer Service Department at 2100 19th Street. Sarasota Florida, 34243 USA, no less than thirty (30) days prior to the expiration of any term of this Agreement. WHENEVER COMMUNICATIONS LLC reserves the right to terminate this Contract at any time during the contract period. (8) Invoicing and Guarantee of Payment of Services: WHENEVER COMMUNICATIONS LLC will invoice customer monthly. This bill is due and payable upon receipt. Monthly recurring charges are billed monthly in advance. Customer understands that they are responsible for all air time charges, including but not limited to direct airtime, long distance and roaming charges (if applicable), and charges for any Customer-elected, value-added services (when available). Payment must be made in U.S. Dollars. Customer requests for direct billing are subject to credit approval and may be subject to required deposits and/or direct payment by credit card or a guarantee authorized against a valid accepted credit card. Page 4 of 6
SECTION 6 SERVICE TERMS & CONDITIONS (continued) (9) Taxes, Surcharges and Fees: The price of the service does not include sales, usage, excise, ad valorem, property or any other taxes now or hereafter imposed, directly or indirectly, by any governmental authority or agency with respect to the Service. Customer shall pay such taxes directly or reimburse WHENEVER COMMUNICATIONS LLC for any such taxes. (10) Deposits: Mobile Satellite services are granted subject to credit approval by WHENEVER COMMUNICATIONS LLC. WHENEVER COMMUNICATIONS LLC requires the establishment of credit or the ability to pay invoices according to the established terms. Deposits may be required for Non-US citizens or customers who do not have established credit. Customers will be advised prior to service activation if a deposit is required. Deposits will be refunded at service or contract termination and all airtime has been paid. (11) Foreign Credit Cards: Foreign credit cards will be accepted only after a complete verification has been done with the issuing bank. The issuing bank must contact the credit card holder and confirm the authorization for the charge to be approved. Verification of foreign credit cards may delay order processing for up to 72 hours. All deposits for terminals will still apply. WHENEVER COMMUNICATIONS LLC reserves the right to decline any credit card transaction. (12) Non-Payment / Breach: A late charge of the lesser of 1-1/2% per month will be applied to each of Customer s service bills not paid by the due date. This late charge is applicable to the unpaid balance as of the due date. Customer shall pay WHENEVER COMMUNICATIONS LLC all costs including, without limitation, reasonable attorney fees, the fees of any collection agency, and any other costs incurred by WHENEVER COMMUNICATIONS LLC in exercising any of its rights under the Agreement. Should Customers service be suspended for non-payment WHENEVER COMMUNICATIONS LLC will charge a decommissioning or re-activation fee of $50.00 per mobile terminal for reactivation of the suspended terminal. Additional deposits may be required after such an event. WHENEVER COMMUNICATIONS LLC charges a fee of $35.00 for returned checks. (13) Limitation of Liability: The satellite services provided by WHENEVER COMMUNICATIONS LLC may be temporarily interrupted, delayed or otherwise limited and is not available everywhere in the world. WHENEVER COMMUNICATIONS LLC makes no representation that it can provide uninterrupted service. Furthermore, WHENEVER COMMUNICATIONS LLC shall have no liabilities or credit due for interrupted service unless caused by the gross negligence of WHENEVER COMMUNICATIONS LLC. WHENEVER COMMUNICATIONS LLC shall not be liable for acts or omissions of other carriers, equipment failures or modifications, acts of God, strikes, government actions, or other causes beyond our reasonable control. WHENEVER COMMUNICATIONS LLC MAKES NO WARRANTIES WITH RESPECT TO THE SERVICE OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXCLUDED. WHENEVER COMMUNICATIONS LLC SHALL NOT BE LIABLE TO ITS DISTRIBUTOR OR CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. (14) Subscriber Terminals and Equipment: Unless provided otherwise, WHENEVER COMMUNICATIONS LLC is not responsible for the installation, operation, quality of transmission, or maintenance of Customer equipment. If Customer s equipment is stolen, Customer is responsible for all charges as agreed upon in this Agreement until proper written documentation is received and confirmed by WHENEVER COMMUNICATIONS LLC. (15) Licensing: Customers wishing to operate satellite phones while in foreign territories shall be required to obtain any and all licensing or approvals that may be required to operate within that territory. WHENEVER COMMUNICATIONS LLC does not guarantee any authority to radiate from territories other than those allowing trans-border operations of Inmarsat equipment. For more information on this, please consult with your WHENEVER COMMUNICATIONS LLC Account Manager. (16) Governing Law: This contract is governed by the laws of the State of Florida and applicable tariffs. (17) CUSTOMER AGREES THAT ANY LEGAL PROCEEDING COMMENCED BY ONE PARTY AGAINST THE OTHER, SHALL BE BROUGHT IN ANY STATE OR FEDERAL COURT HAVING PROPER JURISDICTION WITHIN THE STATE OF FLORIDA. BOTH PARTIES SUBMIT TO SUCH JURISDICTION AND WAIVE ANY OBJECTION TO VENUE AND/OR CLAIM OF INCONVENIENT FORUM. Signature Date Page 5 of 6
SECTION 7 CREDIT AUTHORIZATION FORM A. BILLING (check one box) You will receive ONLINE BILLING NOTIFICATION utilizing the e-mail account from page one. B. PAYMENT (check one box) AUTO BILL PAY via MONTHLY AUTOMATIC CREDIT CARD PAYMENT DIRECT MONTHLY BILLING: Subject to Individual Credit Check. I,, hereby authorize Whenever Communications LLC. via this (Printed Name of Cardholder) Signed Authorization to charge my credit card for payment of airtime and (or) service/service charges for your Inmarsat mobile satellite telephone and data equipment as outlined in the preceding Inmarsat Service Agreement. These are actual charges in addition to the deposit reserve detailed in Section 4. Visa MasterCard Discover Card American Express Credit Card Number Expiration Date (MM/YY) Name of Cardholder Security Code (3-4 Digits) Company Credit Card Name of Company as it appears on Card Contact Phone Number Billing Address City State Zip Country Please add & complete all charges below*: SERVICE PLAN CHARGES (Section 2) TOTAL TO BE CHARGED AT TIME OF SERVICE = $ = $ CARDHOLDER SIGNATURE DATE Please print legibly. Complete ALL information fields and return entire Agreement to SatellitePhoneStore.com via: FAX: 1.877.971.2255 MAIL: 2100 19th Street SCAN & EMAIL: fax@satellitephonestore.com Sarasota, FL 34234 Call 1.941.955.1020 or 1.877.WHENEVER (943.6383) with questions or concerns. Thank You! WHENEVER COMMUNICATIONS LLC Page 6 of 6