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Terms and Conditions of Service
This section explains the relationship between the user of this equipment and SkyBitz Inc. It explains
our respective legal rights concerning all aspects of our relationship, including:
Billing and extra charges
Starting and ending service
Privacy and confidentiality
Early Termination fees ( if applicable )
Limitations of liability and warranty
If you use the service or the equipment, or if you pay any amount billed to your account, you consent
to the terms and conditions set forth in this agreement. If you do not agree with these terms and
conditions, do not use the service and equipment and notify us immediately to cancel service.
1. Service
This is an agreement for Remote Data Delivery and associated Services between you and SkyBitz.
The term "Unit" is the device which is used to communicate the data to the SMARTank Data
Center.
The term of this agreement depends on the rate plan which was defined in a separate document
which is also a part of this agreement. The term of this agreement begins on the date that we
activate Service for the Unit. There may be an activation fee associated with the rate plan that
you select. In addition, if you select a rate plan which requires a fixed term of more than one
month (such as a one-year plan), you agree to purchase service for the full term. After the term
expires, or if there is not a fixed term associated with the service, then this agreement will
continue in force until terminated by either party with a 30-day notice. If you select a rate plan
with a fixed term of more than one month, you may terminate service within the first 30 days
without a penalty. If you terminate service after the initial 30 days but prior to the end of the
term, or we terminate following your default, you will be in material breach of this agreement
and agree to pay a cancellation fee as set forth in the rate plan document.
2. Rates
Your Service rates are described in your rate plan document. Your service rate may be based on
fees for data communication from your Unit and on fees for remote access to your data via the
Internet or other electronic means. Additional fees may be added to your monthly fee for services
above your base rate. These additional fees and how they are calculated are described in your
rate plan document.
3. Data Availability and Service Interruptions
Wireless Data Transmission Service to the SMARTank
®
Data Center is normally available to your
unit when it is within the coverage area of a GSM Cellular Service provider who is under contract
to provide
GSM SMS Data Service. Service is subject to transmission limitation or interruption
caused by weather, terrain, obstructions such as trees or buildings, and other conditions. Service
may be limited in areas where
GSM SMS coverage is not available or may be temporarily limited
due to system capacity limits ( such as during peak usage periods ), system repairs, or
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