SERVICE DESCRIPTION

You are being provided an Internet access service (“Service”). You are not being provided with any applications (such as Internet telephone or cable TV) that might be provided with INTERNET service by other vendors. We are not involved in the creation or the provisioning of the Service. The Provider provides the Service over its wireless network, using cell sites and frequencies licensed by the FCC. The Service is not available in all locations and you will only be able to access the Service when within the operating range of the Provider’s network, which may change from time to time is the sole discretion of the Provider. The Service may be disrupted or unavailable from time to time due to maintenance, emergencies, inclement weather or other factors outside of our control, or any of our partner’s control. The Service and the related equipment needed to use the Service (“Equipment”) may not function in the event of a power failure or disruption, and you may be required to reset or reconfigure your modem or other hardware in order to use the Service thereafter. We and our partner’s assume no liability with regard to any failure or lack of performance of the Service.

Use of the Service is subject to the Provider’s then-current(i) acceptable use policy (the “Provider AUP”) and incorporated herein by reference; and (ii) end user terms and conditions (the “Provider T&C”). The Provider reserves the right to change its AUP or T&C at any time.

THE SERVICE MAY BE SUBJECT TO USAGE LIMITS ESTABLISHED BY THE PROVIDER, WHICH ARE NOT CONTROLLED BY US OR ANY PARTNER AND ARE SUBJECT TO CHANGE. WE MAY NOT RECEIVE ADVANCE NOTICE OF ANY SUCH CHANGES FROM THE PROVIDER AND IN SUCH CASES WILL NOT BE ABLE TO GIVE YOU ADVANCE NOTICE THEREOF.

ACTIVATION / SERVICE FEE

Upon enrollment, you are responsible for paying a one-time Activation Fee for service to each new plan you subscribe to. Service constitutes access to products and services and does not constitute ownership of any provided equipment.

The fee for an activation/service covers the cost of the setup, administration, and support for each subscription, as there can be multiple subscriptions under one service on a customer’s account. 

If equipment is provided at no cost or leased, OSAT retains ownership of equipment. Upon cancellation of service, you must return equipment in its original packaging within 10 business days.  If equipment is not returned within 10 business days, a one-time charge of $400 will be assessed.  If equipment is returned and not in its original packaging, a one-time fee of $200 will be assessed.  OSAT reserves all rights to collect these fees by any means at its discretion.

MONTHLY INVOICES

Upon becoming a member, you are responsible for paying your first month of service in advance. Your first monthly service invoice is separate from your Service Fee outlined in section two. 

Your first monthly service invoice will be charged to the credit card used at checkout upon the shipment of the item to the address specified at checkout. A product is considered shipped when the associated tracking is generated and the package is picked up by the shipping carrier. Monthly invoices are collected on a recurring 30 day basis and are billed in advance to the credit card on file every month. Credit cards may be updated at the member’s request. 

All subscriptions must have a valid credit card on file for autopay subscription renewal. Autopay enrollment is a condition of service and is authorized by the customer at the time the service is purchased. 

Billing is subject to continue until items belonging to OSAT have been returned and verified (where applicable). Complete details are outlined in section four, "Subscription Cancellation and Refund Policy." 

SUBSCRIPTION CANCELLATIONAND REFUND POLICY

Cancellation requests must be submitted by phone through our Customer Support Helpline at 870-451-0373. A Customer Service Agent will then assist in providing an RMA and information related to our cancellation policy.

Email or chat requests to cancel service will not be processed as a formal request to terminate service or cancel a pending order.

While a member may request cancellation of their service with OSAT at any time, cancellation of any subscription can only take place when the Device(s) has been returned to OSAT and associated tracking information states that the unit has been received by OSAT. 

Devices returned within the money back guarantee period which are eligible to be returned are required to be returned in the manner that they were shipped. Please note that no modifications should be made to the device, to include the addition of any adhesive or tape.

If equipment is provided at no cost or leased, OSAT retains ownership of equipment. Upon cancellation of service, you must return equipment in its original packaging within 10 business days.  If equipment is not returned within 10 business days, a one-time charge of $400 will be assessed.  If equipment is returned and not in its original packaging, a one-time fee of $200 will be assessed.  OSAT reserves all rights to collect these fees by any means at its discretion.

Please be aware that you must contact OSAT  BEFORE you return any item. DO NOT SHIP anything ahead of a formal cancellation request and a Nomad employee providing you with an RMA number and other instructions. Failure to formally request a cancellation of your service, or shipping an item independently, may result in delays with closing your service and in continued Monthly Invoice collections.  Returns not containing an RMA number will not be accepted.

Refunds on monthly service fees will be considered using the date we are able to verify an item was left with the return shipper. If applicable, refunds related to cancellations outside of the Money Back Guarantee policy period will be issued using the date the return shipper is in possession of the returned item. Refunds may take up to 30 days to reflect on your original payment method once the refund is initiated. 

As each Device that is sent out has its own corresponding billing subscription, there can be multiple subscriptions under one service. As such, to avoid being billed for a Device you are no longer using, it is your responsibility to ship any Device, working or not working, back to Nomad. 

In the event that a customer receives replacement equipment due to a service or equipment failure, OSAT will cover the costs associated with shipping the non-working unit back to our facilities. 

MONEY-BACK GUARANTEE

Each set of Imcon Edge-issued equipment is subject to a risk-free, money-back guarantee period of 14 days. The money-back guarantee period begins on the date the equipment is marked as delivered by the shipping carrier.

The money-back guarantee period is not a free trial period, and Monthly Invoices are due in accordance with the terms laid out in the aforementioned section.

Modems / Hardware

If the Device (modem) does not meet the member’s expectations, a refund for the Equipment Fee will be issued when the Device has been shipped back within 14 days from the date at which the member received it. Items returned outside of the Money Back Guarantee period are not eligible for refund.

Within 14 days, the member may return the equipment for a full refund of the one-time service fee. The customer is responsible for all return shipping charges including shipping insurance.

Monthly Service

Within the first 14 days, if you would like to cancel your OSAT service, you are eligible for a full refund of the monthly service fee.

After 14 days, if you would like to cancel your OSAT service, you will be responsible for the full month.

Cancellation requests must be submitted through our self-service return portal at info@osat.com. Emailed or verbal requests to cancel service will not be processed as a formal request to terminate service. 

The date that the return carrier is in possession of the returned item, per the tracking history, will be considered as the final day you will be considered to have access to the service and will be used as the date to confirm a customer is within their Money Back Guarantee period. Returns that are delayed or presented to the return shipping carrier outside the Money Back Guarantee period, regardless of the date of the initial request to cancel or the date a return label is generated, will not be considered as returned within the Money Back Guarantee period.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. You should consider using a trackable shipping service and purchase shipping insurance, as we cannot guarantee that we will receive your returned item. Please keep any return shipment receipts from the shipping carrier as we are not responsible for loss or damage of your return shipments. 

Cancellations under this policy are still subject to the same return requirements listed in the Subscription Cancellation and Refund Policy.

Please be aware that you must contact OSAT BEFORE you return any item. DO NOT SHIP anything ahead of a formal cancellation request and an OSAT employee providing you with an RMA number and other instructions. Failure to formally request a cancellation of your service, or shipping an item independently, may result in delays with closing your service and in continued Monthly Invoice collections.  Returns shipped without an RMA will not be accepted.

Please keep any return shipment receipts from the shipping carrier as we are not responsible for the loss or damage of your return shipments. Once the tracking information states the hardware has been received by OSAT, please allow 12-14 business days to process, inspect and test the unit. Refunds may take up to 30 days to reflect on your original payment method once the refund is initiated.

RATE CHANGES

OSAT reserves the right to change its rates and otherwise modify the terms and conditions of this Agreement at any time by notifying you 30 days in advance of the effective date of such changes.

In the event that you wish to terminate your account as a result of the rate change, you, the member, may do so by contacting us at info@osat.com. Otherwise, the existing service will be billed at the new rate. This Agreement hereby supersedes all previous representations, understanding, or agreements, written or oral, by or between you and OSAT, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.

NON PAYMENT

If your subscription payment is not collected on its due date, your subscription will be automatically deactivated and suspended. If you wish to start your service again, a reactivation request will be completed as soon as the outstanding balance is paid in full. The member is responsible for the accuracy of the financial institution information provided and to ensure that there are sufficient funds to cover the amount charged by OSAT. Under no circumstances will OSAT be held liable for fees incurred by the member’s financial institution.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

REDRESS OPTION

If you have a complaint about the Service, please contact us to resolve the complaint. This notice will govern dispute resolution generally.

CREDIT CARD CHARGEBACKS & DISPUTES

If we have charged your registered payment method for a charge that we deem is authorized and valid under these Terms, and your credit card company or other payment provider subsequently withholds or revokes such payment to us because the charge has been disputed by you (a “Chargeback”), we reserve the right to suspend your access to the affected Services until the Chargeback is reversed or in the case of a billing dispute, the billing dispute is resolved as set forth in these Terms. All billing disputes should be directed to the Billing Department at info@osat.com. Any billing disputes done through a financial institution can result in the immediate cancellation of the service for which the funds have been withdrawn.

CONGESTION MANAGEMENT

We do not own, operate, maintain, or control the Service, and do not engage in network congestion management practices. The Provider uses network congestion management practices that may interfere with the speed or the availability of your Service. You should review the Provider’s disclosures for the network congestion management practices that may affect your use of the Service, including descriptions of congestion management practices; types of traffic subject to practices; purposes served by practices; practices’ effects on end-users’ experience; criteria used in practices, such as indicators of congestion that trigger a practice, and the typical frequency of congestion; usage limits and the consequences of exceeding them; and references to engineering standards, where appropriate.

SPEED OF SERVICE

Speed rates, which describes the rate at which data is transmitted on the network, depend upon the cellular service coverage and equipment capabilities. The maximum speed for the service is stated under optimal conditions and may vary significantly. Plans may also have speed limits imposed by the network provider. OSAT does not offer, disclose, or guarantee minimum speeds. All services are provided on an AS IS basis and throughput speeds are not guaranteed.

Availability of service may vary and the speed of data may be reduced by things such as: data usage; proximity to and availability of service from your local tower; the number of users using the network; and overall traffic or congestion in the area. Speeds and service could be disrupted or become unavailable from time to time due to maintenance, modifications, or repairs of the Provider's infrastructure; emergencies; inclement weather or environmental changes; power outages; and other factors outside of our control or any of our Partner’s control.

DATA LIMITATIONS

Service includes up to unlimited data on Imcon Edge issued Modems. Service on Imcon Edge  “Bring Your Own Device” plans includes 300GB of 4G data for normal internet usage. Data limitations may vary based at the discretion of the providing network, and service may be subject to usage limits established by the Provider.

Nomad is not responsible for changes to the network made by the providing carrier, and has no control over possible network optimization changes enforced by the Provider. All offers, content, promotions & prices listed today are subject to change without prior notice.

APPLICATION-SPECIFIC BEHAVIOR

We do not own, operate, maintain, or control the Service, and do not engage in the blocking or rate-control of specific protocols or protocol ports, nor do we modify any protocol fields or inhibit or favor any applications or classes of applications. The Provider may engage in one or more of those activities. You should review the Provider’s disclosures for application-specific practices by the Provider that may affect your use of the Service.

TECHNICAL SUPPORT

Technical Support is offered on all Imcon Edge devices and subscriptions. Support may include shipping a replacement device. All Shipped Replacement devices will include a pre-prepaid shipping label for the return of the non-working unit, if applicable.

Our technical support staff is not trained to, has no obligation to and will not assist you in installing and/or troubleshooting third-party modems, network cards, routers, complex network configurations or telephone lines, nor will they provide any technical assistance or support for any third-party Software. OSAT is not responsible for connection problems due to a computer that is infected with viruses, spyware or malware. It is the member’s responsibility to initiate and be available for technical support during OSAT’s hours of operation. If a member wishes to utilize OSAT’s technical support, the member must be available to help troubleshoot the connection or computer setup. OSAT does not provide on-site technical support. Members should understand and agree that any technician or other person dispatched to troubleshoot equipment that is not an employee or agent of OSAT and OSAT is not liable for any damages, costs or expenses relating to or arising from any acts, errors or omissions by any such technician or other person.

DOWNTIME CREDIT PRACTICE

Although rare, all cellular networks occasionally have localized tower outages which result in service disruptions. In the event this happens, downtime credit will be issued for all downtime experienced, if applicable. Credit will be issued from the first point of contact about a technical issue affecting the account. During this time, service dues are still owed, and credits will be applied once the issue is resolved.

PRODUCT DESCRIPTION AND SIZE

Please be aware that all photos of any products sold on Imcon Edge are for illustrative purposes only. Although we use reasonable efforts to ensure that our products are almost entirely similar to the photos offered on our Website, it is possible that some photos shown on our Website may not be entirely representative of the actual product.

DEVICE ATTACHMENT RULES

The equipment used to access our service must be the original equipment provided by us to be used during the duration of service. We will pass through or otherwise provide the warranties and technical support offered by the manufacturer and/or the Provider (if any).

PRIVACY POLICIES

We do not own, operate, maintain or control the Service and do not have network management practices that entail the inspection of network traffic. We do not store personally-identifiable traffic information, we do not provide personally-identifiable traffic information to third parties, or use that information for non-network management purposes. The Provider uses or may use network management practices that entail the inspection of network traffic; storage of network traffic data; and use of network traffic data for non-network management purposes, including disclosure of such traffic data to third parties. The current Provider discusses these matters generally in its “Open Internet Information”, which refers to the providers generally-applicable privacy policies that may be viewed online at their site.

SECURITY

We do not own, operate, maintain, or control the Service, and do not take any measures to assure the security of your use of the Service or the security of the network. The Provider, may take action to guard your security in the use of the network and to safeguard the network. Please refer to the Provider’s open internet disclosures for additional information.

INSTALLATION

OSAT does not provide professional installation for its products/services. If a member requires a Professional Installation, it is their own responsibility to hire a third-party technician. Alarm systems, special configurations, or special applications may require a professional installation or additional equipment not available through OSAT. OSAT may not provide nor is responsible for any special equipment not purchased through Imcon Edge.

LIMITATIONS OF SERVICE

If you have not purchased a dedicated service service(s), you are not permitted to use your account to continually connect to the Internet for web/ftp/mail or other services. Unlimited accounts are not dedicated accounts and do not provide for fixed connectivity of unlimited duration. Imcon Edge reserves the right to disconnect users for excessive or exorbitant usage. Imcon Edge and the cellular service providers have implemented an abuse prevention and a fair use program and have the discretion to apply network management techniques, de-prioritization, and other management tools to monitor and disconnect any user who abuses the policy and remains connected for excessive periods through implementing improper techniques or otherwise violating Imcon Edge’s policies. These parameters may be changed at any time at Imcon Edge’s discretion. If you require a dedicated connection, you should notify OSAT or Imcon Edge.

CIRCUMSTANCES BEYOND IMCON EDGE’S CONTROL

Imcon Edge will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.

TERMINATION

We may terminate this Agreement with you, and or any services we provide, at our discretion, at any time, or if we determine that you, or any user of your service, (1) have violated any applicable laws while using our Platform; (2) have violated any portion of this Agreement or any of our Platform policies; (3) if we believe that any of your current or future actions may legally harm Imcon Edge, our business interests or a third party, at our discretion. (4) lie or steal from us (5) fail to pay your bill, or have a history of billing issues with Imcon Edge (6) (a) harass, threaten, or use vulgar, or inappropriate language toward our representatives; (b) “spam,” or engage in other abusive messaging or calling; (7) modify or tamper with, in any way, a device that is property of Imcon Edge;; or (8) engage in any detrimental behavior including, but not limited to, data abuse, torrenting or other forms of misuse of any services offered by Imcon Edge. Where we have terminated this Agreement with you at our discretion, where you have any ongoing subscriptions, we may refund you a prorated portion of any unused subscription fees that have been paid for. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.

TERMINATION BY CELLULAR SERVICE PROVIDER

If, in the Cellular service Provider’s sole discretion, (a) a member is in breach of the Acceptable Use Policy; (b) a member’s use of the service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the service, the Wireless Service Provider and/or it’s partners’ servers or other equipment, or the use and enjoyment of other users; (c) a member acts in an abusive or menacing manner when dealing with The Cellular Service Provider’s technical support staff, customer service staff or any other of the Wireless Service Provider’s employees or representatives; (d) the Cellular Service Provider receives an order from a court to terminate a member’s service; or (e) the Cellular Service Provider for any reason ceases to offer the service, then the Cellular Service Provider at its sole election may terminate or suspend such member’s service immediately without notice. For a termination in accordance with this paragraph, the member remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement, any equipment charges set forth herein, if applicable.

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