By using PredictWind’s services, you agree to comply with this website policy and with any supplementary policies which PredictWind may post on the web site from time to time. PredictWind may change its policies at any time by changing or removing existing terms or adding new ones. We will tell you about any changes by posting an updated version of the particular policy on the web site, and any changes will take effect immediately once they are posted on our website. It is your responsibility to check this and any other policy regularly for any modifications or updates. Your continued use of our services after any changes have been posted on our web site confirms your acceptance of those changes.
1.1 PredictWind Ltd will provide the Services and you the customer must pay the current monthly access fees, call and message/data charges and all associated fees and charges (“Fees”) to PredictWind Ltd in accordance with PredictWind’s payment terms. These fees may include sales tax fees due to international taxation laws which we are required to collect based on your shipping address, billing address, IP address, and country of your credit card. For the most part fees will be charged in advance of device usage via an online payment. Should Any services or products provided by Predictwind be charged any sales, usage, excise, ad valorem, property or any other taxes now or hereafter imposed, directly or indirectly, by any governmental authority or agency with respect to the Service. The customer shall pay such taxes directly or reimburse Predictwind for any such taxes.
1.2 PredictWind will use its reasonable endeavours to provide the Services subject to the following:
1.3 It is technically impractical to provide the Services free of fault or error. You acknowledge that the Services have technical and coverage limitations, including (without limitation), reception problems, possible faults in transmission networks, human errors including errors of any carrier and third parties and the physical location of Equipment in relation to the transmission network.
1.4 PredictWind may, without liability to you, suspend the Services immediately for repairs, for maintenance of any part of a network or where PredictWind is obliged to comply with the requirements of any relevant authority.
1.5 You acknowledge that you do not own any website address, IMEI issued by PredictWind and that PredictWind may need to alter any such number without any liability to you for the alteration.
1.7 PredictWind may upgrade your monthly service fee in response to a supplier increasing their pricing. This change will be notified to you in writing prior to the increase coming into effect.
2.1 PredictWind agrees to sell and you agree to purchase the Equipment and pay the Purchase Price.
2.2 Risk in the Equipment passes to you on delivery. Title to the Equipment is retained by PredictWind until you have paid the full Purchase Price.
3.1 The billing of your YB3i plan is pro-rated in the first month if activating part way through the month. Subsequent months are billed on a full calendar month basis. The billing is done on the 1st of the month, and will automatically renew unless cancelled by you on the PredictWind Satellite Portal, in the month prior. 3.1.1 Cancel plan:
Plans can be cancelled at any stage during the month, the cancellation will happen immediately. No refunds will be applied to the existing plan.
You cannot cancel the plan in the same month that you activate.
3.2 The Customer shall inform Predictwind of any disputes or disagreements with invoiced charges within 30 days of the date of invoice. Thereafter, the Customer shall be deemed to have waived its right to dispute charges. A copy of the invoice outlining all charges shall be emailed or made available online to the Customer.
3.4 PredictWind may terminate this Agreement with immediate effect by giving notice to you at any time if, in PredictWind’s reasonably held opinion:
4.1 You must not, either by act or omission, interfere with or threaten the operation, stability, viability or integrity, or do anything likely to interfere with or threaten the operation, stability, viability or integrity of the Iridium network.
4.2 You must comply with any written notice which PredictWind may give in relation to modifications required to any apparatus, or action necessary to be taken, to eliminate any actual or likely interference or threat to the operation, stability, viability or integrity of the PredictWind network or the Services.
4.3 PredictWind reserves the right to suspend provision of the Services to you or to terminate this Agreement if your operation of the Equipment or use of the Services (whether by high usage levels or otherwise) in PredictWind opinion threatens the operation, stability, viability or integrity of the PredictWind network or causes an unreasonable delay in that network.
5.1 You must not use, or permit another person to use the Services or the Equipment provided by PredictWind in respect of: (a) the breach of the laws of any jurisdiction;
(b) the transmission of any obscene, mischievous or blasphemous message where such transmission in the opinion of PredictWind infringes the provisions of any law of any jurisdiction; or
(c) The conduct of a business or other operation that is illegal or perceived as unethical or may compromise PredictWind or its staff, in any other way.
6.1 PredictWind is not liable to you in any circumstances for:
6.2 To the extent permitted by law, PredictWind excludes all liability for breach of any express or implied term or warranty and also excludes all liability for negligence in connection with the performance of PredictWind obligations under this Agreement.
6.3 Where liability for any term implied by law cannot be excluded, and to the extent permitted by law, PredictWind’s liability for any breach of such an implied term is limited to (at PredictWind’s election)
7.1 PredictWind is committed to selling high-quality products however we acknowledge that, for one reason or another, there may be a time when you need to exchange or return items.
7.2 You will need to keep your receipt or order number, which can be found on your order confirmation, as you will need this as proof of purchase in the event of any after-sales queries
7.3 Please ensure you check your items carefully before they are used or installed. Items cannot be returned after usage if there is physical damage to the unit.
7.4 All items are covered by a 30-day money-back guarantee. Items must be returned in their original undamaged packaging, in a saleable condition, with proof of purchase.
7.5 Items returned without defect are subject to a US$50 restocking fee to cover administrative overhead and processing fees. The original shipping fees will not be refunded.
If there is a diagnosed fault with the product that cannot be fixed remotely with assistance from our support staff (ie firmware upgrade, system reset) the following will apply:
8.1 If you have had the product for less than 12 months (and purchased from PredictWind), the unit is covered by the 12 month warranty. You can ship the unit back (at your expense) to our repair centre in the UK and the unit will be repaired free of charge. We will ship the unit back to you at no extra cost. This process can take up to 8 weeks. Please note the YB3i Airtime charges still apply in this period.
8.2 Physical damage of the unit is not covered by a 12 month warranty.
8.3 For customers who have purchased the PredictWind Advanced Warranty (PAW), in the event of a diagnosed fault as determined after troubleshooting from the PredictWind support staff, a replacement unit will be shipped immediately. To qualify for the PAW, your YB3i Unit must be still within the 12 month warranty period. The PAW warranty expires when the YB3i warranty expires.
8.4 Before shipping the replacement unit we require confirmation that the faulty unit has been shipped to our repair centre in the UK. A courier tracking number will suffice. You must ship the unit back to our repair centre in the UK at your expense using a reputable courier with a full track and trace service.
10.1 You authorise PredictWind to obtain from or give to any carrier, any other supplier of telecommunications services or any collection agency any customer information about you in circumstances where there are grounds to suspect that you are seeking to avoid making any payment under this or any other agreement for telecommunications services.
10.2 You authorise PredictWind to:
– exchange information with the owner of any Equipment purchased or used by you in connection with the Services and authorise the owner to use the information in the ordinary course of business; and
– obtain from or give to any credit providers or credit reporting agency information about your credit arrangements, such as information about your creditworthiness and history.
– Use any information collected for mandatory reporting required by any Government Authority.
12.1 You authorise PredictWind to provide additional Equipment and Services and vary the Services and Fees if PredictWind is requested to do so by any person quoting your password. PredictWind will confirm this on your next invoice (if any). Any additional Equipment and Services and any variations are provided subject to this Agreement.
12.2 All other variations to this Agreement must be in writing signed by both parties.
12.3 Where you comprise more than one person, this Agreement binds each of those persons jointly and severally.
12.4 This Agreement constitutes the entire agreement between PredictWind and you in relation to its subject matter. All previous negotiations and representations are excluded.
12.5 PredictWind may at any time assign or deal with the whole or any part of this Agreement. You must not assign or deal with its rights or obligations under this Agreement without PredictWind’s prior written consent.