Terms of Service
Please readthe Digicom Global, Inc.Terms of Service below. Terms of Service are subject to change.
PLEASE READ THESE TERMS AND CONDITIONS OF SALES CAREFULLY BEFORE MAKING ANY PURCHASE ON THIS SITE. By making a purchase on this site using your electronic signature (as more fully described below), you signify your assent to these Terms & Conditions of Sale. If you do not agree to these Terms and Conditions of Sale, please do not purchase any products electronically from this site.
Please check these Terms and Conditions of Sale periodically for changes prior to any purchase. Your continued use of this Digicom Global, Inc. website or any of its subsidiaries following the posting of changes to these terms will mean you accept those changes.
The following Terms and Conditions of Sale apply to all sales by Digicom Global, Inc :
1. Account Password and Security
- You will create and/or receive an account username and password for access in completing the Web store ordering process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Digicom Global, Inc.of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
- Digicom Global, Inc cannot and will not be liable for any loss or damage arising from your failure to comply with this section of this Term and Condition of Sale.
2. Payment and Sales Tax
- All sales are final and all sales must be prepaid or processed with approved credit prior to shipping. Digicom Global, Inc accepts USA VISA, Master Card, and American Express credit cards for all purchases. DIGICOM GLOBAL, INC. will accept foreign credit cards subject to address and account verification. DIGICOM GLOBAL, INC. validates all foreign credit cards through the originating bank who in turn may contact the card holder for security purposes. This security procedure may take up to 48 hours.
- Digicom Global, Inc charges sales tax on all shipments to Michigan destinations. Digicom Global, Inc. accepts Michigan reseller certificates only if they are submitted prior to purchasing the product. To submit your Reseller Certificate to Digicom Global, Inc. please contact us for further details. Purchase Orders from corporations, city, state and federal government agencies will be processed subject to credit approval and verification of the payment process.
- Digicom Global, Inc.honors all manufacturers’ warranties, and will assist you in processing warranty claims, however all sales of equipment by Digicom Global, Inc are FINAL.
- Digicom Global, Inc. generally ships all orders within 24 hours of being placed, unless product is on back order, limited availability or special order status. Orders placed on weekends or holidays are shipped the following business day.
- Products are normally shipped using standard UPS or FedEx Ground. Upon customer’s request Digicom Global, Inc will expedite shipping via UPS, FEDEX P-1 or other means. Digicom Global, Inc charges actual shipping fees plus a $5.00 per shipment handling fee.
- For orders over 150 pounds Digicom Global, Inc will ship via common carrier truck.
- Digicom Global, Inc does not ship to APO addresses.
4. Refused or undeliverable shipments
Will be subject to a restocking fee of 20%. In addition to applicable shipping, transaction and insurance fees.
5. Back Orders At Digicom Global, Inc
Digicom Global, Inc continuously updates its product listings to ensure the accuracy of inventory availability. When a product is listed as out of stock, your order will be automatically placed on back order. Digicom Global, Inc S charges your credit card for the entire order amount. Items placed on back order are shipped as soon as they become available from the manufacturer.
6. Special Orders :
Certain special orders, including custom products, special configurations, and build to order requests, require 3 to 5 day order lead time, and may require payment in advance. Please see the individual product description for more details.
Digicom Global, Inc reserves the right to cancel a sale or to issue a Return Merchandise Authorization (RMA) for merchandise that is advertised in error, is unexpectedly out of stock, does not conform to specifications, or was shipped in error.
Digicom Global, Inc is not responsible for product prices advertised in error. Advertised prices and available quantities are subject to change without notice. Prices advertised in the Special Deals email are valid for 5 days from date of issue.
It is a violation of the law to place orders under a false name or with an invalid credit card. We have a sophisticated Fraud Control system that screens for suspicious orders, which are subject to investigation and possible cancellation by our Fraud Control team. Fraudulent ordering will be prosecuted to the fullest extent of the law. Please be aware that even if you do not give Digicom Global, Inc your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. Both the FBI and the US Secret Service are responsible for investigating Internet fraud cases.
Digicom Global, Inc makes every effort to maintain 100% system availability, except during scheduled maintenance periods. Should we experience technical difficulties, Digicom Global, Inc is not responsible for orders that are not processed or accepted.
11. PREPAID AIRTIME
You have the option of purchasing prepaid airtime at the same time you purchase a Globalstar, Iridium or Spot device. Prepaid airtime purchased through Digicom Global, Inc ’s on-line store will be added to the device prior to shipping. You will receive a confirmation e-mail regarding their prepaid airtime, how to check the amount of remaining airtime, the expiration date of the airtime and how to add additional airtime. It is important to note that while Iridium prepaid airtime is traditional prepaid airtime and the terminal will not be able to make additional calls once the prepaid airtime expires or runs out, Globalstar airtime represents the pre-purchase of a block of airtime to be used in the home calling area. If you exceed your pre-purchased airtime, make long-distance calls from the home area to international locations, or roam with Globalstar phone outside the home area you will be charged for this extraordinary usage. These extraordinary charges will be charged against your credit card of record on a monthly basis.
12. DIGITAL SIGNATURE PROVISIONS
- You acknowledge and agree that by clicking on the ACCEPT – I HAVE READ THE TERMS AND CONDITIONS OF THIS PURCHASE AND AGREE button, or similar buttons or links as may be designated by Digicom Global, Inc to show your approval of any foregoing text, you are entering into a legally binding contract with Digicom Global, Inc . You hereby agree to the use of electronic communication in order to enter into contracts, place orders and to the electronic delivery of notices, policies and records of transactions initiated or completed through Digicom Global, Inc . Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction, to the extent permitted under applicable mandatory law, which require an original (non-electronic) signature or delivery or retention of non-electronic records.
- Further, you represent and warrant that you have the legal right, power and authority to agree to these terms on behalf of yourself or buyer on whose behalf you are acting. You further agree that your use of a user name and password constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated this agreement and acknowledged and agreed that this agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and the buyer or supplier on whose behalf you are acting.
13. Export Control
The Customer acknowledges that any Equipment provided under this agreement is subject to U.S. export laws and regulations and any use or transfer of such Equipment must be authorized under those regulations. The Customer agrees it will not use, distribute, transfer or transmit the Equipment, directly or indirectly to any third country, except in compliance with U.S. export regulations.
14. Indemnification of Digicom Global, Inc
Digicom Global, Inc shall not be liable for (i) libel, defamation, slander or infringement of copyrights or patents in connection with the use its products, (ii) infringements of patents arising from the combination, or use of any product with apparatus or systems of yours or other third parties, and (iii) any loss or damage arising out of or in connection with any act or omission by you or any other person or entity in connection with any product being purchased from Digicom Global, Inc . You hereby agree to indemnify and hold Digicom Global, Inc harmless from all such liability and shall protect and defend Digicom Global, Inc from any suits or claims and shall pay all expenses and satisfy all judgments which may be incurred or tendered against Digicom Global, Inc resulting from the use of any product.
15. Warranties/ Repairs
- Digicom Global, Inc guarantees that any product purchased shall be in good working order and conform to the manufacturer’s specifications. Digicom Global, Inc. warranties under the manufactories warranty. Refer to manufacturer’s warranty information provided with the product for all terms and conditions.
- If the product is returned for warranty work but upon inspection it is determined repairs are necessary due to damage unrelated to warranty items including but not limited to your misuse, negligence or deliberate acts you shall be liable for all repairs costs including a $100.00 inspection fee. Digicom Global, Inc will have the final authority in determining whether any liability has arisen as a result of equipment failure.
16. Limitation of Liability:
- EXCEPT FOR ANY WARRANTY SPECIFICALLY SET FORTH IN THIS CONTRACT, IF ANY, DIGICOM GLOBAL, INC. DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE EQUIPMENT AND THE SERVICES
- IN THE EVENT DIGICOM GLOBAL, INC. IS UNABLE TO PROVIDE THE EQUIPMENT OR SERVICES THEN THE PARTIES AGREE CUSTOMER’S SOLE REMEDY SHALL BE LIQUIDATED DAMAGES IN AN AMOUNT EQUAL TO THE AMOUNTS PAID BY CUSTOMER TO DIGICOM GLOBAL, INC FOR THIS EMERGENCY AGREEMENT DURING THE TERM AND FOR THE REASONABLE COST OF OBTAINING EQUIPMENT FROM ANOTHER EQUIPMENT PROVIDER FOR THE PERIOD OF TIME DIGICOM GLOBAL, INC IS UNABLE TO PROVIDE THE EQUIPMENT.
- DIGICOM GLOBAL, INC OR ITS VENDORS SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL DIGICOM GLOBAL, INC BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS CONSEQUENTIAL OR INCIDENTAL) ARISING OUT OF THE USE OR INABILITY TO RECEIVE THE EQUIPMENT OR SERVICES EVEN IF DIGICOM GLOBAL, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DIGICOM GLOBAL, INC WILL NOT BE LIABLE FOR ANY DELAY IN PERFORMANCE DUE TO CAUSES BEYOND THE REASONABLE CONTROL OF DIGICOM GLOBAL, INC..
- You agree to indemnify and hold Digicom Global, Inc. and its subsidiaries, affiliates, officers, agents, employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our online services.
17. Governing Law:
THIS CONTRACT IS GOVERNED BY THE LAWS OF THE STATE OF MICHIGAN AND WILL BE INTERPRETED BY THE LAWS OF THE STATE OF FLORIDA AND APPLICABLE TARIFFS, NOT WITHSTANDING ANY PRINCIPLES OF CONFLICTS OF LAW.
YOU AGREE THAT NO MATTER WHERE ANY OF THE PARTIES ARE LOCATED IT IS AGREED THAT THE CONTRACT WAS EXECUTED IN OAKLAND COUNTY, MICHIGAN. ANY LEGAL PROCEEDING COMMENCED BY ONE PARTY AGAINST THE OTHER, SHALL BE BROUGHT IN THE STATE COURT ONLY IN OAKLAND COUNTY, MICHIGAN HAVING PROPER JURISDICTION. BOTH PARTIES SUBMIT TO SUCH JURISDICTION AND WAIVE ANY OBJECTION TO VENUE AND/OR CLAIM OF INCONVENIENT FORUM.
19. Other Terms and Conditions:
The invalidity or unenforceability of any provision of this Agreement in any jurisdiction shall not effect the validity, legality or enforceability of the remainder of this agreement, it being intended that all rights and obligations of the parties hereunder shall be enforceable to the fullest extent permitted by the laws of the State of Michigan and the United States of America.
20. OTHER PROVIDERS:
DIGICOM GLOBAL,INC.is a fully authorized distributor and Independent Service Provider (ISP) of Globalstar USA, Iridium, Spacenet, Spot, Kenwood Communications and others. DIGICOM GLOBAL, INC. provides satellite airtime from Globalstar USA, Iridium, Spot and Spacenet. Please ensure you review and agree to the Terms and Conditions of any of these ISPs and airtime providers.
E-Commerce Regulations specify that certain information must be given by anyone who markets or supplies goods or services electronically (whether or not paid for), including services provided through websites. The equipment and services provided through this website are provided by DIGICOM GLOBAL, INC.i