General Terms and Conditions:
These general terms and conditions describe the
rights and obligations of SKYNET TELECOM LLC and its Customers concerning the
delivery, performance and use of the Products and Services.
1. DEFINITIONS
1.1 Acceptable Use Policy:
SkyNet Telecom LLC is an American
cellular phone operator with national coverage and interconnection with the
major networks within the United States of America.
Our mission is to provide easy
solutions for communications bringing people together across the United States
and Brazil.
Based in Miami - Florida, the company offers simple solutions to
Brazilians who
are in
the United States, such
as making
and receiving calls
in the United
States with
quality, low
cost and
the access to the latest features for internet connection.
1.2 Agreement:
There is no formal contract. There is a
license for the use of the SIM card. In other words, a registration for the use
will be done according to the Law of the Telecom Services in the United States.
a. In addition to these general terms and
conditions, there are other features which may include but is not limited to i) the User Guide accompanying the SIM Card or available at
www.skynettelecom.co
; ii) the Charges for Services published by SkyNet
from time to time, including any special offers; iii) the transaction materials
that you sign or accept (via electronic acceptance online or through a SkyNet retail location or that of an authorized retailer)
during the sales transaction (if your service plan is not specifically set
forth in any printed materials, the requirements and terms set forth in the
current written services and transaction materials apply, excluding the plan
charges and numbers of minutes included in your service plan); and (iv) any
confirmation materials that we may provide to you. It is important that you
carefully read all of the terms of the Agreement.
b. The license to use starts when a Customer
purchases a SIM Card.
c. You represent that you are at least 18 years old
and you are legally authorized to enter into this Agreement. You accept your
Agreement by doing any of the following: (a) giving us a written or electronic
signature, or telling us orally that you accept; (b) activating Service; (c)
using your Service; (d) paying for the Service or a SIM (purchased from SkyNet, a SkyNet dealer, or other
SkyNet Telecom authorized retailer).
1.3 Charges: The only
payments are when buying the SIM card or when buying it or reloading. The
current prices for plans are; $100 per month
which includes Unlimited Talk, Text, and 1GB Data. Unlimited Brazil Fixed
Voice, 500 Minutes Brazil Mobile and $200 per month which
includes Unlimited Talk, Text, 2.5 GB Data and Unlimited Brazil Fixed and
Mobile Voice, additional information will be available at http://www.skynettelecom.co.
1.4 Customer: Any individual,
company or other entity that purchases a SIM Card. In these general terms and
conditions, the Customer is sometimes referred to as "you" or
"your".
1.5
Customer Services Department: The department of SkyNet
that you may contact for any enquiries about the Products or Services. You may
contact the Customer Services Department in several ways:
a.
Dial 1 855 -840 -2031 from any telephone (at no cost);
b.
Dial +1-305-793-2562 from any other telephone while abroad (international roaming
charges apply);
c. Visit the website of SkyNet at http://www.skynettelecom.co/ (and click on
the "Contact Us" tab);
d.
Send e-mail to the Customer Services Department at noc@skynettelecom.co , or
e.
Write to Customer Services Department at the address listed in Section 1.8
below;
1.6 Device: A Unlocked GSM
mobile telephone, handset, or other device used to access the Services.
1.7 SkyNet:
SkyNet Telecom LLC or subsidiaries, affiliates,
parent companies, vendors, suppliers, or licensors. In these general terms and
conditions, SkyNet Telecom is sometimes referred to
as "we", "us" or "our". SkyNet
Telecom LLC contact mailing address: 8333 NW 53RD ST SUITE 450 DORAL, FL 33166.
1.8 Network: The
communications networks used by SkyNet Telecom to
provide the services to you.
1.9 Personal Data: The personal
information that you provide to SkyNet Telecom or
that SkyNet Telecom generates, collects, uses,
processes and stores about you while providing the Services, including but not
limited to your name, address, date of birth, mobile telephone number, call
data records including Traffic Data and Location Data, top-up records, credit
card or debit card details, billing records, voice mail recordings, copies of
e-mails including your e-mail address, and records of Customer Services
Department enquiries made by you.
1.10 Privacy Policy: The policy that
describes how SkyNet Telecom generates, collects,
uses, processes and stores your Personal Data.
1.11 Products: The SkyNet SIM Card or any other branded products offered by SkyNet Telecom.
1.12 SIM Card:
The prepaid, pre-activated card that allows you to access and use the Services
by inserting the SIM Card into a compatible Device. Like any
other prepaid model, when inserting the
SIM card
in
your phone,
it needs to be enabled
through our
portal
(site),
our call center
(0800)
or
by any
authorized dealer.
After the
enabling on, the
SIM card will
be ready to
receive and make
calls. You can use a cell phone number of any American city under
the coverage of SkyNet Mobile. When enabling your SIM
Card on the portal you need to inform the Zip Code of the city in the US and
the system will assign a local number, based on the informed Zip Code of the
city. The high-speed internet service will
be available through 3G and 4G in all American territory automatically,
according to the specifications of each device.
1.13 Roaming Services: The mobile telephone
services that you use does not imply extra charges for roaming within The
United States.
1.14 Services:
The SkyNet Mobile SIM card has two different numbers: a
Brazilian conventional landline phone number and an American cell phone number.
Through its Brazilian conventional landline number, you will be able to receive
calls from all over Brazil with no extra charging rates of international
displacement (roaming).
In Summary, your SkyNet SIM Card will give you:
1) Two phone numbers in one single SIM
card: A conventional landline with a Brazilian fixed number and an American
cellular one.
2) Unlimited calls from Brazil to your
landline phone number with no additional charges of roaming.
3) Calls to landline numbers in Brazil
without paying pricey international rates.
4) Right to make and receive calls
throughout the American territory using your mobile phone.
5) Internet Access through 3G and 4G
networks.
6) Support in Portuguese
.
1.15 Reloads:
If necessary, you can add more credits to make calls to a cell phone number in
Brazil or any other country at any moment with a recharge card (purchase).
It can be done in our distribution
network (where to buy link) or through “MY American portal” (link to the
portal).
Just keep at hand the ESN number of
the SkyNet Mobile SIM Card (located on the back) and
reload as you wish.
1.16 Refund
return policy:
Once you agree to purchase services, no refunds will be issued for non-use,
partial use, or fraudulent use of the system. All services are approved for the
person who initiated the purchase. Refunds will not be given for time, minutes,
or data not used once you elect to discontinue services.
1.17 Shipping
policy:
Once you purchase from Skynet Telecom, we will mail you any applicable
documents, activation material, and SIM cards within 3 days of purchase.
Domestic items can expect to arrive within 3 business days of purchase and
internationally shipped items can be expected to arrive within 10 days of
purchase. Items may be expedited at the cost of the purchaser.
1.18 User Guide: The guide or
documentation supplied with your SIM Card is listed at www.skynettelecom.co,
which explains how you may access and use the Services.
2.
THE SERVICES
SkyNet Telecom offers simple solutions to Brazilians who are
in the United
States, such
as making
and receiving calls
in the United
States with
quality, low
cost and
the access to the latest features for internet connection.
The SkyNet
SIM card has two different numbers: a Brazilian conventional landline phone
number and an American cell phone number. Through its Brazilian conventional
landline number, you will be able to receive calls from all over Brazil with no
extra charging rates of international displacement (roaming).
You can use the SkyNet SIM Card on any unlocked GSM cell phone.
It takes only three steps:
1) When arriving in the
United States, you need to remove your current SIM card from the device and
insert the new SkyNet Mobile SIM Card.
2) Enable the numbers using
our support through the phone 1 855 840 2030 (in the USA). You can also do that
on our website www.skynettelecom.co
3 – You are ready! Start
making and receiving calls using your new SIM Card.
This product has no annual
contract and is valid only in American territory. The use of credit and / or
refills is on the user's responsibility.
COVERAGE
The product was developed
in order to help Brazilians in transit in the United States and even the ones
who live there.
SkyNet Mobile covers the cities
with the highest concentration of Brazilian people, for example: Miami/FL
·
Orlando/FL
·
New York/NY
·
Boston/MA
·
Los Angeles/CA
·
San Francisco/CA
·
Washington DC/WA
·
Chicago/IL
·
And many others!
2.1 SkyNet
Telecom will immediately connect you to the Services as soon as you buy and
activate your SIM card. As long as you have sufficient credit you will be able
to continue to use the Services until either SkyNet Telecom
or you decide to end the use in the ways allowed in this License to use.
2.2 SkyNet
Telecom will provide the services to you using its own Network.
2.9 We do not guarantee or endorse
any third party content that you may access or use. Your use of any third party
content is entirely at your own risk. We do not guarantee access to third party
content where you access or download the content from the internet or upload or
transmit content using the Services.
2.10 The record of your use of the
Services, including calls and messages made and received you may access on our
website.
2.11 Our Customer Services
Department can supply details of the other mobile operators we have porting
arrangements with and how you may port your number. We don’t guarantee that
number transfers to or from us will be successful. If you authorize another
carrier to transfer a number away from us, then that is considered a request by
you to us to terminate all of the Services associated with that number.
2.12 Terminate any Service at any time for any
reason. Since there is no formal contract but in fact a
license for the use, the customers can stop using at any time they want. No
charges will be implied.
2.13 Use of Information: SkyNet Telecom may
retain, use, and share information collected when you download, use, or install
some Content or Apps, may update your Content or App remotely, or may disable
or remove any Content or App at any time. Refer to SkyNet
Telecom's Privacy Policy as well as the Content or App creator/owner's privacy
policy for information regarding the use of information collected when you
download, install, or use any Content or App. We are not responsible for any
transmission failure, interruption, or delay related to Content & Apps, or
any content or website you may be able to access through the Content or App.
3.THE
SIM CARD; DEACTIVATION.
3.1 The SIM Card is used by
inserting it into a compatible GSM Device. When the SIM Card has been inserted
and you activate it, you will be able to use, the Services.
3.2 Associated with your SIM Card
is the PIN code (personal identification number) and the PUK code (personal
unlocking key). The PIN and PUK codes must never be kept together. You will
take every necessary precaution to preserve the secrecy of your PIN and PUK
codes. You will be liable for any fraudulent or improper use of your SIM Card
or Account that results from the intentional or accidental disclosure of your
PIN or PUK code or the transfer of your SIM Card to another person.
3.3 SkyNet
Telecom will only replace a SIM Card where it is found to be defective by
reason of faulty workmanship or design. SkyNet may
charge you for a replacement SIM Card where SkyNet Telecom
reasonably believes that you are responsible for the loss or damage of your
original SIM Card or where someone has stolen your original SIM Card. It is
your responsibility to promptly inform SkyNet Telecom
of any loss, damage or theft to your SIM Card, or any fraudulent or improper
use of your SIM Card.
3.4 You are not entitled to
receive any cash refund for any credit balance remaining in your SIM card
credits at any time, including where you fail to use the Services and your SIM
Card has been deactivated.
3.5 Interest is not payable on any
credit balance in your Account. Each time you use the Services (or someone else
uses your Device) the credit balance in your Account will be reduced for the
voice call, message or data you are making or sending according to the
destination and the current charges.
4.
USE
4.1 You agree to use the SIM Card
in a compatible GSM Device for the purpose of using the Services. SkyNet Telecom does not supply all GSM Devices. You are
solely responsible for any fault with the GSM Device you provide which may
cause interference or problems with your use of the Services.
4.2 You agree not to use the SIM
Card or the Services and not to permit another person to use your SIM Card or
the Services:
a. fraudulently or in connection with a criminal offense;
b. for the purpose of making an unsolicited Telecom
or storing and/ or communicating any material which is offensive, abusive,
indecent, defamatory, obscene or menacing, a nuisance or a hoax, or which is a
breach of privacy, an infringement of copyright, or is otherwise unlawful,
c. to knowingly and deliberately cause annoyance,
inconvenience or needless anxiety to another person,
d. to make any offensive, abusive, indecent,
defamatory, obscene or menacing call to any Customer Services Department
representative,
e. to transmit a virus or other malicious software,
use the Services in a manner that impairs the operation or security of the
Network or may cause death, personal injury or damage to property,
f. with equipment that is not approved for use with
the Network, including, but not limited to, SIM-boxes and SIM-gateways,
g. accessing, or attempting to access without
authority, the information, accounts or devices of others, or to penetrate, or attempt
to penetrate, SkyNet Telecom’s or another entity’s
network or systems;
h. assisting or facilitating anyone else in any of
the above activities, and
i.
otherwise than in line with the conditions of this Agreement.
4.3 If SkyNet
Telecom reasonably suspects that you have failed to comply with any of the
provisions of Section 5.2, SkyNet Telecom shall have
the right to suspend, partially or fully, your access to the Services and/ or
terminate the License without prior notice and with immediate effect
5.
PRIVACY POLICY & AUTHENTICATION
5.1 SkyNet
Telecom will only generate, collect, use, process and store your Personal Data
in accordance with all applicable laws and regulations, as amended from time to
time. As we provide telecommuncations Products and
Services to you (the SIM card holder), we develop information about the
quantity, technical configuration, type, location, and destination of telecommunications
products and services you use. Under federal law, you have the right, and we
have a duty, to protect the confidentiality of your CPNI. For example, we
implement safeguards that are designed to protect your use, including
authentication procedures when you contact us.
5.2 Our Privacy Policy is
available at privacy policy. This policy may
change from time to time, so review it with regularity and care.
6.
DISPUTE RESOLUTION
6.1 The parties each agree to
first contact each other with any Disputes (defined below) and provide a
written description of the problem, relevant documents and supporting
information, and the proposed resolution.
6.2 The parties each agree to
arbitrate all Disputes between us, on an individual basis, not on a class-wide
or consolidated basis. This agreement to arbitrate is intended to be broadly
interpreted. In arbitration, there’s no judge or jury. However, just as a court
would, the arbitrator must honor the terms and limitations in the Agreement and
can award damages and relief, including any attorneys’ fees authorized by law.
The arbitrator’s decision and award is final and binding, with some exceptions
under the Federal Arbitration Act (“FAA”), and judgment on the award may be
entered in any court with jurisdiction. The parties each also agree as follows:
a. “Disputes” are any claims or controversies
against each other related in any way to or arising out of in any way our
Services or the Agreement, including, but not limited to, coverage, billing
services and practices, policies, contract practices (including
enforceability), service claims, privacy, or advertising, even if it arises
after Services have terminated. Disputes include claims that you bring against
our employees, agents, affiliates, or other representatives or that we bring
against you. It also includes but is not limited to claims related in any way
to or arising out of in any way any aspect of the relationship between us,
whether based in contract, tort, statute, fraud, misrepresentation, or any
other legal theory.
b. If either party wants to initiate a claim to
arbitrate a Dispute, each agrees to send written notice to the other providing
a description of the dispute, a description of previous efforts to resolve the
dispute, relevant documents and supporting information, and the proposed
resolution. Notice to Customer will be sent to the mailing address of record in
the Account, or if none, by text message or email, and notice to us will be
sent to: 8333 NW 53RD ST SUITE 450 DORAL, FL 33166. . We each agree to make
attempts to resolve the dispute prior to filing a claim for arbitration. If we
each cannot resolve the dispute within forty-five (45) days of receipt of the
notice to arbitrate, then we each may submit the dispute to formal arbitration.
c. The FAA applies to this Agreement and
arbitration provision. We each agree that the FAA’s provisions–not state
law–govern all questions of whether a dispute is subject to arbitration.
d. Unless we each agree otherwise, the Arbitration
will be conducted by a single neutral arbitrator and will take place in Miami,
Florida.
e. The arbitration will be governed and conducted
by (i) a neutral third party arbitrator selected by
each of us and based upon rules mutually agreed to by each of us or (ii) JAMS.
The JAMS rules, including rules about the selection of an arbitrator, filing,
administration, discovery, and arbitrator fees, will be conducted under JAMS
Comprehensive Arbitration Rules & Procedures. The JAMS rules are available
on its website at www.jamsadr.com. To the extent
that this “Dispute Resolution” section conflicts with JAMS’s minimum standards
for procedural fairness, the JAMS’s rules or minimum standards for arbitration
procedures in that regard will apply. However, nothing in this paragraph will
require or allow us or you to arbitrate on a class-wide or consolidated basis.
f. WE EACH AGREE THAT WE WILL ONLY PURSUE
ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION ON A
CLASS-WIDE OR CONSOLIDATED BASIS. If for any reason any court or arbitrator
holds that this restriction is unconscionable or unenforceable, then our
agreement to arbitrate doesn’t apply and the dispute must be brought in court.
g. We each are responsible for our respective costs
relating to counsel, experts, and witnesses, as well as any other costs
relating to the arbitration. However, we will pay for the arbitration
administrative or filing fees, including the arbitrator fees. Otherwise the
JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Policy on
Consumer Arbitrations Pursuant to Pre-Dispute Clauses, Minimum Standards of
Procedural Fairness regarding costs and payment apply.
h. Exceptions to Our Agreement to Arbitrate
Disputes:
Either of us may bring qualifying claims in small claims court. In addition,
this arbitration provision does not prevent you from bringing your dispute to
the attention of any federal, state, or local government agency that can, if
the law allows, seek relief against us on your behalf.
6.3 To the extent allowed by law,
we each waive any right to pursue disputes on a class-wide basis; that is, to
either join a claim with the claim of any other person or entity or assert a
claim in a representative capacity on behalf of anyone else in any lawsuit,
arbitration, or other proceeding.
6.4 To the extent allowed by law,
we each waive any right to trial by jury in any lawsuit, arbitration, or other
proceeding.
7.
LIABILITY OF SKYNET TELECOM;
7.1 SkyNet
Telecom does not accept any liability for the delivery, performance and use of
the Products and Services other than as stated in this Term.
7.2 SkyNet
Telecom is not responsible for damage or loss or inconvenience incurred by you
and that results from the content of any voice call, message or data sent or
received by you.
7.3 SkyNet
Telecom is not responsible for damage or loss or inconvenience incurred by you and
that results from the involvement of a third party, including governmental,
judicial or administrative bodies.
7.4 SkyNet
Telecom is not responsible for any damage or loss incurred by you where such
damage or loss is indirect or not a reasonably foreseeable result of a breach
by us, or where we are not at fault or to the extent you have contributed to
the damage or loss. Under no circumstances is SkyNet Telecom
liable for any incidental, consequential, punitive, or special damages of any
nature whatsoever arising out of or related to providing or failing to provide
Services, including, but not limited to, lost profits, loss of business, or
cost of replacement products and services.
7.5 In the event your SIM Card is
lost or stolen, or you believe your SIM Card is being used in a fraudulent or
improper manner by another person, you must promptly contact the Customer
Services Department. SkyNet Telecom will then be able
to block the use of your SIM Card. If you fail to promptly contact the Customer
Services Department, you will be liable for all Charges relating to the use of
the SIM Card until you do notify us, regardless of whether the Charges were
incurred by you or someone else.
7.6 :
SkyNet Telecom is not responsible for the failure of
any payment enabler, distributor or retail outlet to properly activate your SIM
Card or Top-Up Voucher or process any payment you made. In these cases, you
should contact the retail outlet where you obtained your SIM Card and request a
refund.
7.7 You acknowledge the inherent
risk in the use of a mobile telephone while driving a motor vehicle. SkyNet Telecom is not responsible for damage or loss or
inconvenience incurred by you and that results from any accident caused by the
use of a mobile telephone while driving a motor vehicle.
7.8 TO THE EXTENT ALLOWED BY LAW, SKYNET
TELECOM LIABILITY FOR MONETARY DAMAGES
FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS LIMITED TO A REFUND OR REBATE OF THE
PRORATED MONTHLY OR OTHER CHARGES YOU PAID US FOR THE APPLICABLE SERVICES. YOU
AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY. EXCEPT TO
THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN 2 YEARS OF THE
DATE THE CLAIM ARISES.
8.
CHANGES:
8.1 Please check our
website regularly for any changes. We may also notify you of
changes by way of advertisement in the national media, by email, by
correspondence to your last known address in our records, or by text message or
by other reasonable means. We may also place a recorded message on the phone number
for our Customer Services Department.
8.2 UNLESS EXPRESSLY PROVIDED IN
WRITING OTHERWISE, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF
MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE
CONCERNING YOUR SERVICES. WE DON’T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES
AND DON’T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.
9.
COMPLAINTS
9.1 If you have a complaint about
the Products or Services you should contact our Customer Service Department as
set forth in Section 1.6.
10.
DEVICES
10.1 Device and Compatibility. A
Device may not be compatible with the network and services provided by another
service provider. You may buy a Device from others, but it must be compatible
with and not potentially harm our network or that of our telecom partners. Your
Device is designed to be activated on our networks and in other coverage areas
that we may make available to you
10.2 Lost or Stolen Devices. You
agree to notify SkyNet Telecom if your Device is lost
or stolen. Once you notify us, we will suspend your Service. You agree to
cooperate if we choose to investigate the matter (provide facts, sworn
statements, etc.). After your Service is suspended, SkyNet
Telecom will credit you for any then current account balance as of the
notification. SkyNet Telecom will allow any balance
to be transferred to a replacement SIM or Device. SkyNet
Telecom will not be responsible for usage charges that deplete your account
balance prior to your report, nor for the cost of any replacement Device. SkyNet Telecom will supply one replacement SIM at no cost
to you by regular mail as soon as reasonably practical. If you request that we
not suspend your Service, you will remain responsible for all usage.
10.3 Your Device, Number, & E-mail Address
SkyNet Telecoms does not
manufacture any Device that SkyNet Telecom might sell
to you or that is associated with our Services, and SkyNet
Telecom isn’t responsible for any defects, acts, or omissions of the
manufacturer. The only warranties on your Device are the limited warranties
given to you by the manufacturer directly or that we pass through. Device
performance may vary based on device specifications (for example, a device's
software, memory, and storage), and device performance may impact access to all
of our Services. Device warranty procedures and repairs will be listed with
the Device purchase materials. Except for any legal right you may have to
port/transfer your phone number to another carrier, you have no proprietary,
ownership, or other rights to any phone number, identification number, e-mail
address, or other identifier that we assign to you, your Device, or your
account, and you cannot gain any such right through publication, use, or
similar action. We'll notify you if we decide to change or reassign them.
10.4 Information on Devices: .
Your Device may contain sensitive or personal information (for example,
pictures, videos, passwords, or stored credit card numbers). SkyNet Telecom is not responsible for any information on
your Device, including sensitive or personal information. If possible, you
should remove or otherwise safeguard any sensitive or personal information when
your Device is out of your possession or control, for example when you
relinquish, exchange, return, or recycle your Device. By submitting your Device
to SkyNet Telecom or our authorized dealers or
supporting vendors, you agree that their employees, contractors, or vendors may
access all of the information on your Device
10.5 Disclaimer of Warranties UNLESS
EXPRESSLY PROVIDED IN WRITING OTHERWISE, SKYNET TELECOM MAKES NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT
ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR
FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR DEVICE (AND ANY SOFTWARE OR
APPLICATIONS ON YOUR DEVICE). WE DON'T PROMISE UNINTERRUPTED OR ERROR-FREE
SERVICES AND DON'T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.
11.
GENERAL PROVISIONS
11.1 This Agreement represents the
entire agreement between SkyNet Telecom and you in
relation to the Product and Services. It takes precedence over all prior
agreements (written and oral), and all representations or other Telecoms
between SkyNet Telecom and you. The retail outlets
are not authorized by us to amend this Agreement or to agree any terms which
are inconsistent with these terms and conditions.
11.2 No term or condition of this
Agreement is enforceable by any third party (a person who is not a party to
this Agreement).
11.3 Failure or delay by either SkyNet Telecom or the Customer to enforce any right under
this Agreement shall not prevent SkyNet Telecom or
the Customer (as the case may be) from taking further action.
11.4 If any term or condition of
this Agreement is determined to be partially or wholly void or unenforceable by
any court or body of competent jurisdiction or as a result of any legislation,
it shall be void and unenforceable only to that extent. The validity and
enforceability of the other terms and conditions shall not be affected.
11.5 Subject to federal law or
unless the Agreement specifically provides otherwise, this Agreement is
governed solely by the laws of the state encompassing the area code assigned to
your SIM, without regard to the conflicts of law rules of that state. The courts
of the state of Florida will have exclusive jurisdiction over any dispute under
this Agreement.
11.7 911 Or Other Emergency Calls: Public safety
officials advise that when making 911 or other emergency calls, you should
always be prepared to provide your location information.
Unlike traditional wireline phones, depending on a number of factors (for
example, whether your Device is GPS-enabled, where you are, whether local
emergency service providers have upgraded their equipment, etc.), 911 operators
may not know your phone number, your location, or the location of your Device.
In certain circumstances, an emergency call may be routed to a state patrol
dispatcher or alternative location set by local emergency service providers.
Enhanced 911 service (“E911”)–where enabled by local emergency authorities–uses
GPS technology to provide location information. Even when available, however,
E911 does not always provide accurate location information. If your Device is
indoors or for some other reason cannot acquire a satellite signal, you may not
be located. Some Devices have a safety feature that prevents use of the keypad
after dialing 911–you should follow voice prompts when interacting with emergency
service providers employing interactive voice response