Cobra P1703-141 User manual

C-pod Service Terms & Conditions
1. Definitions
‘End User’ refers to the owner of a C-pod System
‘Service Provider’ is Seakey AB with address Pumphuset, Beckholmen, SE-115 21 Stockholm, Sweden
‘Distributor’ The Service Provider’s representative in the U.S.A. is Cobra Electronics Corporation, 6500 West Cortland Street, Chicago Illinois
60707 U.S.A.
‘Service’ means the communication and access to infrastructure and telecommunication systems needed to alert the End User of an occur-
rence onboard detected by the installed C-pod System.
‘Network’ means the public telecommunications system by which the C-pod Service is made available.
‘Service Contract Agreement’ means the contract between the Service Provider, Seakey, and the End User.
‘Minimum Contract Period’ means the period during which the End User has agreed to use, and pay for the service.
‘Monthly Service Charge’ means the monthly payments the End User pays for the Service during the Contract Period.
‘Early Termination Fee’ is payable in order to terminate the agreement before end of Minimum Contract Period
‘C-pod System Servers’ means the servers and other hardware and infrastructure needed in order to provide the Service.
In order to use the C-pod System there must be a current Service Contract Agreement between the End User and the Service Provider. The
Service Contract has a minimum Contract Period during which the End User is obligated to pay the monthly Service Charge. The Service
Contract Agreement is normally entered into online during the installation of the C-pod System. The Service Contract incorporates and
includes by reference the current Terms & Conditions for the C-pod Service.
2. Scope of Service
The service includes cellular (GSM) communication between the C-pod and the C-pod System Servers, text (SMS) message communication
between the C-pod Server and the end user’s mobile phone, E-mail communication between the C-pod Server and the End User as well as
access to the C-pod Web Portal through the Internet. The server also includes access to Support during the Contract Period and free soft-
ware upgrades as well as the right to use any software included in the Service.
3. Service Availability
The cellular (GSM) service is available both domestically within the U.S.A. and Internationally. All cellular (GSM) communication between
C-pod and C-pod System Servers is included in the monthly Service Charge. There are no extra roaming charges for systems used outside
the U.S.A. The End User hereby acknowledges that the availability of the service may be affected by factors outside the Service Provider’s
control such as, but not limited to, physical obstructions, availability of Internet connections, routing of data over the Internet, atmospheric
conditions and other causes of radio interference and by faults in other telecommunication networks to which the Network is connected.
In connection with any such adverse effect on the quality and availability of the C-pod Service, the Service Provider shall incur no liability to
the End User whatsoever. Notwithstanding such effects to the Services during the Contract Period, the End User shall remain liable for the
payment of the Monthly Service Charge.
4. Contract Period
Each Service Contract Agreement has a defined Contract Period which commences on the date the first Billing Cycle starts. The Contract
Period is defined in the Service Contract Agreement.
5. Use of built-in SIM card
The C-pod Security System has a built-in SIM card, the title to which belongs to the Service Provider and not the End User. The Service Pro-
vider reserves the right to cancel the service and permanently terminate the SIM card if:
The customer repeatedly fails to pay the monthly service charge agreed during the contract period.•
If the system remains unused and the service agreement is not renewed or terminated after a period of six (6) months after the initial•
contract period has expired.
If the SIM card is abused in any way or is removed from the C-pod.•
If the service is cancelled the C-pod System may be sent to Service Provider or Distributor for a replacement SIM card. A minimum service
fee of US$ 100.00 will be charged for this. In case the C-pod unit and/or its internal SIM card are lost or stolen the End User is required to
immediately notify the Service Provider. Until such notification has been received by the Service Provider the End User is liable for any and all
charges incurred by the use of the C-pod System and/or the SIM card.
6. Monthly Service Charge
The End User is required to pay the monthly Service Charge in time during the Contract Period or as long as the Service Contract Agreement
is valid. The monthly Service Charged is automatically billed to End User’s credit card on the 8th of each month (Billing cycle). The End User
is required to maintain and enter valid credit card information into the system through the C-pod Web Portal, so that the Service Charged
can be billed each month. Upon failure to pay the Service Charge the Service Provider reserves the right to limit the use of the system and/or
terminate the Agreement. If terminated in such a way the End User shall remain liable to pay the Early Termination Fee. The Service Provider
reserves the right to adjust price, terms and conditions when forced by factors outside its control. A minimum three (3) months notice ap-
plies before any such changes can take effect.
© Seakey AB
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P1703-163

7. Early Termination Fee
The C-pod Service Agreement may be terminated before the expiration date of the Contract Period, upon payment, to Service Provider, of
an Early Termination Fee of US$ 350.00, reducing by US$ 9.00 for each full month completed toward the end of the Contract Period.
8. Automatic Continuation of Service Contract Agreement
After the initial Contract Period has ended the service will be automatically extended until terminated by the End User. After the initial Con-
tract Period the End User has the right to terminate the Service Contract Agreement by giving notice, in writing, to the Service Provider. A
three (3) month termination period shall apply during which the End User is liable to pay the monthly Service Charge.
9. Termination of Contract
After the Contract Period has ended the Agreement may be terminated by the End User by giving notice, in writing, to the Service provider
or its distributor in the U.S.A. either by mail or by fax. The agreement will be terminated after three (3) months, starting from the first date
of the month after the notice has been received by the Service Provider. A confirmation of Termination will be sent by the Service Provider to
the End User. The termination notice shall be addressed to the Service Provider or its distributor in the U.S.A., Cobra Electronics. For address
information see Contact details above under Definitions.
9. Confidentiality
The Service Provider agrees not to make available to anyone not directly affiliated with the Service Provider, any data stored on its C-pod
Service Servers, unless the End User has agreed so. This includes, but is not limited to, positions or movements of the boat, information
regarding the End User’s address, status of alarms and warnings, telephone numbers, e-mail addresses as well as user name and password.
No credit card data that can be misused is stored on the C-pod System Servers. The End User hereby agrees to the Service Provider’s and its
Distributor’s right to access data stored on the C-pod System Servers in order to help the End User in case of support and for trouble shoot-
ing as well as for system maintenance and software upgrades. The Service Provider and Distributor reserves the right to contact the End User,
using the contact information stored on the C-pod System Servers, in order to notify the End User of any potential problems, improvements
or other things that affect the quality and security of the service.
10. Liabilities
The Service Provider is not liable for any goods stolen or damages incurred as a result of the Service not being available. The End User
recognizes that factors outside the Service Providers control may affect the quality of the service. Furthermore it is the responsibility of the
End User to act on notifications sent by the C-pod System and for maintaining an up-to-date action plan online so that alarms and warnings
can be sent to the right person(s). It is also the End User’s full responsibility to inform any person(s) entered in the action plan of the desired
action, should an alarm or warning be received. The Service Provider takes no responsibility for any data stored on the C-pod System Servers
by the End User that may be offensive, incorrect or fraudulent.
© Seakey AB
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