- End User refers to the owner of a Barnacle Systems Device (BRNKL).
- Service Provider is Barnacle Systems Inc.
- Distributor: The Service Provider’s representative in Canada and the U.S.A. is Barnacle Systems, 2624 Victor St, Victoria, BC, V8R 4E2.
- Service means the communication and access to infrastructure and telecommunication systems needed to alert the End User of an occurrence on board detected by the installed Barnacle Systems Device.
- Network means the public telecommunications system by which the Barnacle Systems Service is made available.
- Service Contract Agreement means the contract between the Service Provider, Barnacle Systems, and the End User.
- Minimum Contract Period means the period during which the End User has agreed to use, and pay for the Service.
- Service Charge means the monthly payments the End User pays for the Service during the Contract Period.
- Barnacle Systems Server means the servers and other hardware and infrastructure needed in order to provide the Service.
- Barnacle Systems Device is any and all hardware that is sold by or distributed through Barnacle Systems Inc. Includes the BRNKL and all accessory sensors that are paired with the BRNKL base unit.
- Early Termination Fee is a fee of $9.00 will be charged to the End User via the Service Provider if or when the End User terminates their Service Agreement with the Service Provider prior to the assigned date.
- Action Plan is a pre-determined plan of events to be acted on when or if any major event occurs onboard that you are notified via the Barnacle Systems Device.
In order to use the Barnacle Systems equipment, 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 online during the installation of the Barnacle Systems Device. The Service Contract incorporates and includes by reference the current Terms & Conditions for the Barnacle Systems Device.
Scope of Service
The service includes cellular (GSM) communication between the Barnacle Systems Device and the Barnacle Systems Servers, text (SMS) message communication between the Barnacle Systems Server and the end user’s mobile phone, E-mail communication between the Barnacle Systems Server and the End User as well as access to the Barnacle Systems Web Portal through the Internet. The server also includes access to Support during the Contract Period and free software upgrades as well as the right to use any software included in the Service.
The cellular (GSM) service is available both domestically within the U.S.A. and Internationally. All cellular (GSM) communication between Barnacle Systems Device and Barnacle Systems 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 Barnacle Systems 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.
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. The End User agrees not to suspend service more than once in a 12-month period.
Use of the Built-in SIM Card
The Barnacle Systems Device has a built-in SIM card, the title to which belongs to the Service Provider and not the End User. The Service Provider reserves the right to cancel the service and permanently terminate the SIM card if:
- The End User 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 Barnacle Systems Device.
- If the Service is canceled the Barnacle Systems 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 Barnacle Systems Device 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 Barnacle Systems Device and/or the SIM card.
Monthly Service Charge
The End User is required to pay the monthly Service Charge on 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 Barnacle Systems Web Portal, so that the Service Charged 4; 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 applies before any such changes can take effect.
The Reinstatement Fee
The Barnacle Systems Service Agreement may be terminated before the expiration date of the Contract Period, upon payment, to Service Provider, a Reinstatement Fee of CAD $10.00.
Automatic Continuation of Service Contract
After the initial Contract Period has ended the service will be automatically extended until terminated by the End User. After the initial Contract 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.
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., Barnacle Systems. For address information see Contact details above under Definitions.
The Service Provider agrees not to make available to anyone not directly affiliated with the Service Provider, any data stored on its Barnacle Systems 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, the status of alarms and warnings, telephone numbers, e-mail addresses as well as username and password. The End User hereby agrees to the Service Provider’s and its Distributor’s right to access data stored on the Barnacle Systems Servers in order to help the End User in case of support and for troubleshooting as well as for system maintenance and software upgrades. The Service Provider and Distributor reserve the right to contact the End User, using the contact information stored on the Barnacle Systems 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. The Service Provider will not knowingly make data stored on the servers available to persons not affiliated with Barnacle Systems except as agreed to by the End User and except as required by applicable law.
The Service Provider is not liable for any goods stolen or damages incurred as a result of the Service not being available. Barnacle Systems is not liable for defects in the Barnacle Systems Device or in the Service. 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 Barnacle Systems Device 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 Barnacle Systems Servers by the End User that may be offensive, incorrect or fraudulent.