Effective January 2016
Interpreting This Document
1.1. The Service Agreement between Orbit Satellite and You is made on the date shown on the Service document You have verbally agreed to in respect of the Satellite Equipment and is made up of that Service document, which is defined as (Part A), and these Terms and Conditions.
In these Terms and Conditions:
“Damage Liability Fee” or “DLF”
means Your contribution to Orbit Satellite in the event of an accident or incident involving the Satellite Equipment, subject to clause 3 below.
means the time taken for restoring or repairing any damage to the Satellite Equipment.
means the person or entity detailed above the words “The Owner” on Part A or where applicable, an independent Orbit Satellite System licensee.
“LDW” (Loss Damage Waiver/Reduction)
means the fee to reduce the Damage Liability Fee and, if You accept LDW on Part A, You agree to pay the LDW fee.
means the period commencing at the time and on the date shown on Part A & ending at the time and on the date that You return (or are regarded as returning under clause 2.3) the Satellite Equipment to Orbit Satellite
“Substitute Satellite Equipment Insurance”
means a policy of Satellite Equipment insurance held by You or an Authorized User which covers You or the Authorized User while You or they use the Satellite Equipment as a substitute for the Satellite Equipment insured under that policy.
means the Satellite Equipment described on Part A (or any substitute Satellite Equipment), and includes its parts, components and accessories.
“You” or “Your”
• The person(s) with whom the Hire Agreement is made and whose details are stated under the words (The Hirer) on Part A;
• Any Authorized User.
• The corporate account whose name appears as CD Name on Part A.
2. SATELLITE EQUIPMENT RETURN AND REPLACEMENT
2.1. You must return the Satellite Equipment to Orbit Satellite:
2.1.1. to the place, on the date & by the time shown on Part A;
2.1.2. in the same condition as it was at the time you received it.
2.2. If You return the Satellite Equipment to a location other than that shown on Part A, a Drop Fee may apply. If a Drop Fee applies, You must pay it at the end of the Rental Period. (If a Drop Fee is applicable it will be indicated in Part A of the rental agreement.) You can determine if a Drop Fee is applicable by contacting the Manager of the location from where the Equipment was sent.
2.3. If You return the Satellite Equipment to any place other than a Orbit Satellite location, or the Orbit Satellite location is not open on that day, or if the equipment is returned outside the hours of operation, You will be deemed to have returned the Equipment to Orbit Satellite only when Orbit Satellite takes possession of the Equipment. (Please obtain the hours of operation from our website or ask our staff). The hire charges will continue and You will be responsible for the Equipment until such time as the Equipment is deemed to have been returned. You must pay all additional hire charges details of which are available upon request.
2.4. Orbit Satellite may request the immediate return of the Satellite Equipment if you have materially breached or Orbit Satellite reasonably suspects you have materially breached the terms of this agreement. Orbit Satellite may repossess the Satellite Equipment without any notice to you. You must also pay Orbit Satellite any cost it incurs in the repossession of the Satellite Equipment as well as all reasonable costs and charges under the Hire Agreement.
3.DAMAGE & LOSS OF PROPERTY
3.1. Except to the extent Orbit Satellite is liable at law and subject to this clause, You are liable:
3.1.1. for the loss of, and all damage to, the Satellite Equipment; and
3.1.2. for all damage to Your property or the property of any person:
3.1.3. which is caused or contributed to by You; or
3.1.4. which arises from the use of the Satellite Equipment by You.
3.1.5. appraisal or assessment fees;
3.1.6. reasonable administrative fees and legal costs of recovery;
3.1.7. a per day loss of use based on 75% of the daily Hire rate as displayed in Part A of this Service Agreement on the downtime of the Satellite Equipment calculated after the Satellite Equipment is returned. Remember that references to the “Satellite Equipment” (as defined) include all of its parts, components and accessories.
4.1. Except as provided at law Orbit Satellite is not liable to any person, and You indemnify Orbit Satellite, for any loss of, or damage to, any property:
4.2. You have rights conferred under consumer legislation and neither clause 3.1 nor any other provision of the Hire Agreement is intended to exclude, restrict or modify any non-excludable terms implied by or rights which You may have under the Trade Practices Act in Australia or any other Federal, State or Territory legislation in Australia to the same effect.
4.3 Your indemnity under this clause is limited to the aggregated value of $20 million. Your indemnity under this clause expires at the completion of the Hire Period.
5.PAYMENT OF CHARGES
5.1. At the end of the Hire Period, You must pay Orbit Satellite on demand:
5.1.1. all charges specified on Part A and all charges payable under the Hire Agreement, less any deposits already paid;
5.1.2. any amount for which You are liable to Orbit Satellite under the Hire Agreement, in respect of a breach of the Hire Agreement or for damage or loss to the Satellite Equipment.
5.1.3. a $50 dishonor/late payment fee will apply to all declined credit card transactions.
5.1.4. $150 recovery fee will apply to all reversed transactions.
5.2. The minimum charge You must pay for the Hire of the Satellite Equipment is an amount equivalent to:
5.2.1. seven day’s Hire at the “daily rate” shown on Part A; plus
5.2.2. all other agreed fees and taxes specified on Part A and Part B.
5.3. You authorize Orbit Satellite to charge all moneys payable to Orbit Satellite under the Hire Agreement to Your credit card for any extension of the original contracted Hire period, or damage detected upon return of the Satellite Equipment. Any existing damage will be noted in Part A of this agreement. If the Satellite Equipment is returned with any additional damage Orbit Satellite will charge your credit card with the Damage Liability Fee shown on Part A of this Hire Agreement. If you dispute these charges please refer to Clause 8 for dispute resolution.
5.4. You must make payments for the Hire when Orbit Satellite so designates including making payments in advance or at any other time during the Hire period.
5.5. Orbit Satellite will pay any refund due to You by such method as Orbit Satellite may reasonably choose.
5.6. If You do not pay all charges at the end of the Hire Period, You must pay interest at the National Australia Bank standard bank bill rate on the outstanding balance from the end of the Hire Period to the date all charges are paid in full.
6.BREACH OF THESE TERMS AND CONDITIONS
6.1. Orbit Satellite shall have the right to terminate the Service Agreement and take immediate possession of the Satellite Equipment at any time if You or an Authorized User breach these terms and conditions.
6.2. Breaches of this Hire Agreement will result in You paying for:
6.2.1. all costs to rectify the Satellite Equipment to its original condition or replacement of the Satellite Equipment; and/or
6.2.2. loss of Hire revenue to Orbit Satellite; and/or
6.3 You will be entitled to terminate this Hire Agreement if Orbit Satellite breaches its terms and conditions.
The laws of Queensland and the Commonwealth of Australia govern these terms and conditions
8.1. If you believe that there has been an error in your account or if the amount charged is unreasonable you must notify Orbit Satellite and submit within thirty (30) working days your complaint in writing providing with exact details of your complaint together with any evidence in support of your complaint.
8.2. If Orbit Satellite concludes as a result of it’s investigation that:
8.2.1. your account has been incorrectly debited Orbit Satellite will respond by arranging to adjust your account by debiting your account and will notify you in writing; or
8.2.2. your account has been correctly debited Orbit Satellite will respond by providing you with reasons and furnish you with any evidence for this finding.
8.3. If you are still dissatisfied and have further queries, you must notify us in writing within seven (7) working days and a meeting will be arranged as soon as practicably possible between the senior executives of Orbit Satellite in an attempt to resolve the dispute.
Effective from December 2008
We at Orbit Satellite are committed to protecting and maintaining the privacy of Your personal information. In Australia the Commonwealth Privacy Act 1988 regulates the handling of personal information (for example, name and address details) by Australian private sector organizations. This policy explains how Orbit Satellite protects Your privacy and summarizes how we collect, use and disclose personal information that You might provide us.
When You make an application to use our service, You consent to us using and disclosing Your personal information consistent with this policy. Please refer to the section in this policy titled What You consent and agree to.
• About Orbit Satellite
• What personal information does Orbit Satellite collect about me and how does it collect it?
• How is my personal information used or disclosed by Orbit Satellite?
• How does Orbit Satellite protect my information?
• How to access Your information?
• Whom can I contact for further information
• What You consent and agree to
• Changes to this Policy
About Orbit Satellite
ABN: 88 741 853 559
25 Civil Road, Garbutt, Townsville, Qld, 4814
Phone: 1300 766 943
What personal information does Orbit Satellite collect about me and how does it collect it?
When You rent a Satellite telephone from Orbit Satellite, we need to collect certain information from You. The service that You use will determine exactly what information we collect from You. The information may include Your:
• Contact telephone number(s);
• Contact facsimile number(s);
• Date of birth;
• Drivers license number and state of origin;
• Satellite telephone preference;
• Credit card number(s) and expiry date(s);
• Email address;
• Company name and employee number; and
• Contact details of individuals who can provide professional references and other information required in the Cash Qualification process;
• Reservations and Rental details including dates, times and places of satellite telephone hire;
• Satellite telephone damage circumstances and details.
In certain circumstances, we may collect sensitive information about You. For example, we may collect information about Your membership of a professional association in order to provide You with the correct discount for our services. Sensitive information under the relevant Privacy Act includes information about an individual’s membership of a professional or trade association. We will only collect sensitive information about You with Your consent or otherwise in accordance with the law.
How we collect the information will depend on how You use our services. We may collect information directly from You by telephone, fax, email, over the counter, Your completion of an application or enrollment form, or through our Internet based service. We may also collect information about You indirectly through a travel agent, a corporate program or through one of our partner programs.
You can choose not to provide some of Your personal details but this may prevent us from providing our services to You or limit our ability to provide You with the level of service that You would normally expect from us.
How is my personal information used or disclosed by Orbit Satellite?
We strive to ensure a stress-free rental experience and we are dedicated to building a rewarding and lasting relationship with every customer. In order to provide the level of service we believe You expect from us, we may use and disclose Your personal information for the following purposes:
We use Your personal information to:
• Provide the services that You request;
• Do all things necessary to administer those services;
• Research, develop, manage, protect and improve our services;
• Conduct customer satisfaction surveys and inform You of any improvements that we have made to our services; and
• Maintain and develop our software and other business systems. We may disclose Your personal information to other related and non-related organizations including:
o Your company or organization if You use our services under a corporate account;
o Our contracted service providers;
o Credit card providers;
o Credit reporting and fraud checking agencies and where necessary to register a default;
o Debt collection agencies, in the event of Your default in payment of monies owed to us;
o Government, regulatory and law enforcement agencies where the disclosure is required or authorized by law.
Use or disclosure for direct marketing purposes
We may use and disclose Your personal information to offer You products and services provided by Orbit Satellite. We may also use (but not disclose) Your personal information to offer You products and services provided by companies participating in Orbit Satellite partner programs.
How does Orbit Satellite protect my information?
We use up to date techniques and processes, which meet current industry standards to ensure that Your personal information is kept secure and confidential. Only employees of Orbit Satellite and those who perform services on our behalf, and are authorized to handle Your information, will have access to Your personal information. We will not retain any of Your personal information for any longer that it is required by us, except to fulfill our legal obligations. With Your help we will take all reasonable steps to make sure that the personal information is kept complete and up to date.
How to access Your information
We are committed to ensuring the personal information held by us is up to date and accurate. If You do find inaccurate information let us know and we will take all reasonable steps to correct the information.
You may ask us to give You access to the personal information that we hold about You at any time. This access is subject to certain exceptions. You may not obtain access to information relating to existing or anticipated legal proceedings between us and You.
You can request access to Your information by email or phone. You will be asked to specify the information that You want access to, and You will need to verify Your identity before we are able to provide the information. This is a free service unless the information You request requires us to access archived material or spend significant time in preparation or research. If this occurs we will advise the likely cost in advance and can help refine Your request if necessary.
If You believe the personal information that we hold on You is inaccurate or incomplete and Orbit Satellite does not agree with You, we will provide a statement expressing Your disagreement with the information where that information is kept.
Whom can I contact for further information?
If You have any questions about how we handle Your personal information or if You believe that we have handled Your personal information inappropriately, You can contact us via any of the following ways:
Mail: Orbit Satellite
25 Civil Road, Garbutt
Townsville Qld 4814
Attention: The Privacy Officer
Phone: The Privacy Officer 1300 766 943
What You consent and agree to
When You provide us with Your personal information You consent and agree to our use and disclosure of Your personal information in accordance with this policy including, in particular to:
1. Our use and disclosure of that information in order to provide the service You have requested and for any other compatible purpose including the management, protection and development of our business;
2. Our use and disclosure of Your personal information for direct marketing purposes.
Changes to this Policy