Terms and Conditions for customer portal 'my e3s'

GENERAL TERMS AND CONDITIONS

  1. Definition: e3 Systems is E Cubed Systems SL (ES B07758220).
  2. The provision of services to you through my.e3s.com Client Portal is subject to your acceptance of this Agreement. By completing the account registration and/or by using my.e3s Client Portal, you expressly agree to be bound by the Terms and Conditions below, and any other Service Specific Terms and Conditions particular to each of our services.

YOUR ACCOUNT

  1. By creating this account, you confirm that you are authorised to sign binding contracts on behalf of the owner of the vessel and that the obligations created under the agreement are binding on future ship’s officers, managers or other owner’s representatives under maritime law.

  2. When creating and or editing your account on the my.e3s.com Client Portal, you must provide us with accurate, complete and up-to-date information as requested. You agree that the information supplied will be truthful, accurate and complete. It is your responsibility to edit or inform us of any changes to that information.

  3. When you create an account with my.e3s.com Client Portal, you will provide a registration email address and create a password. Your email address will be validated. You are entirely responsible for all activities which occur under your email address and Password, including unauthorised use of your or any other credit card. You must notify us immediately if you become aware of any unauthorised use of your email and password. If you forget or lose your password, you should request a new password.

  4. You hereby confirm that your credit card, the account name and expiry date provided in your account on our secure credit card payment gateway may be used for all of the charges incurred by you in connection with the services provided by e3 Systems or its subsidiaries in accordance with the Agreement between you and e3 Systems and that you will update such details as applicable. If this is a corporate credit card, you also confirm that you are authorised to use this credit card on behalf of the nominated corporation. You hereby confirm that all the information provided in this Agreement is true and correct.

CONTRACTS

  1. The initial contract term of all services is specified in the Service Description and Notes of each service. Once the initial term is completed, contracts roll over automatically on a monthly basis unless cancellation instructions are received within the notice period stipulated in the Service Description and Notes of each service, or to the end of the contracted term, whichever is latest.

  2. Request for cancellation of contracts must be received, in writing, within the notice period stipulated in the Service Description and Notes of each service, or to the end of the contracted term, whichever is the latest. If cancelled within the contract term, the balance of the unpaid months to the completion of the term must be paid in full.

  3. e3 Systems reserves the right to revise prices and payment terms, with 20 days’ notice.

  4. e3 Systems reserves the right to revise the payment terms of the contract should the monthly fees or unpaid debts exceed USD 5,000 over 30 days.

  5. Service Specific conditions are provided for each service. When contradiction exists, the Service Specific conditions will override these general terms.

DEPOSITS

  1. A security deposit of an amount indicated in the Service Description and Notes of each service will be collected prior to service activation. An additional deposit may be required dependent on monthly usage volume. The security deposit will be held until the contract is terminated and all accounts have been cleared. The service provider will be entitled to offset that security deposit against any amount owed by the customer upon termination of the contract. The outstanding balance of the security deposit will be made available to the customer at the termination of the contract. After 12 months, if the customer did not collect or claim the security deposit, the service provider will be entitled to keep any uncollected balance.

  2. Deposits will be accepted by bank transfer or major credit card. Monthly invoices must be paid by direct debit or by credit card. Only customers with a proven payment record will be permitted to pay invoices by bank transfer. The customer shall enter valid and complete credit card details into the e3 Systems Credit Card Payment Gateway, even if paying by bank transfer or direct debit, and update such details as applicable. The credit card will be held as a guarantee and, in the event that payment is not settled within its due date, e3 Systems shall automatically debit the customer's designated credit card account for payment of amounts invoiced and due under this agreement. Failure to meet the payment criteria will result in non-activation, suspension or cancellation of the service as appropriate.

INVOICES AND PAYMENT

  1. Annual and Monthly fees will be billed in advance or arrears, as indicated in the Service Description and Notes. Variable charges will be billed in arrears. Payment is due within 7 days of invoice issue date, and e3 Systems reserves the right to suspend all contracted services if timely payment is not received for any of the services. There will be no compensation for such suspension, and the obligations of the customer as stated in this contract are not affected.

  2. Annual fees and data allowance plans must be paid monthly or annually in advance.

  3. Pay as you go monthly fees will be billed according to the usage tier.

  4. Monthly fees, Service fees, Keep Alive fees and Bundle fees, as applicable, are not prorated and will be invoiced in complete monthly units starting with the fee corresponding to the full month at the time of activation.

  5. In the event of a suspension due to non-payment, the service will continue to be billed and a re-activation fee may apply.

  6. Allowance plan services are subject to early termination fees equal to the unpaid balance of the contract.

  7. e3 Systems may request part payment at any point during the billing period of any high usage invoices upon notification from airtime suppliers or network operators and may suspend the service unilaterally if there is no undertaking from the customer to settle the invoice for the interim amount.

  8. Invoices will be raised in Euros or USD. This is specified in the Service Description and Notes of the service. Payments must be made in the currency used in the invoice.

  9. Service charges are exclusive of any labour, travel or subsistence costs, which will be billed separately, if relevant.

  10. Service charges are exclusive of any labour, cabling, shipping or any other items not expressly mentioned. Installation will be billed on a time and materials basis as quoted.

  11. The delivery charges for data, decoder and SIM cards, if applicable, are for the account of the customer.

  12. No charge will apply if the service is suspended, however the service may be cancelled after 6 consecutive suspension months.

  13. It is the client’s responsibility to inform e3 Systems via e3’s Credit Card Payment Gateway, if the credit card details change. e3 Systems will not accept any liability for loss of service if payments cannot be debited from the credit card.

  14. If payment is by credit card, e3 Systems reserves the right to apply standard credit card charges.

  15. An admin fee will be charged of either 20 EUR or 25 US$, or as indicated in the Service Description and Notes, to all monthly service invoices.

  16. IVA/VAT will be added where applicable.

RESPONSIBILITIES

  1. The service contracts and payment for any charges derived from their use are the sole responsibility of the customer as per the conditions of this agreement and particular conditions to the specific service until the contracted term is completed and the contract is terminated with the appropriate notice.

  2. You understand that data communications via satellite and 3G/4G/5G roaming can be very expensive and, when using these channels, you will be making connections and incurring charges which are approved by the owners and managers of the vessel.

  3. It is the customer’s responsibility to ensure that the appropriate equipment is used for each specific service.

  4. You understand that e3 Systems has no liability to cover the costs of operating any communications service which may be in use as a backup or standby for the failure of another.

  5. Some services incur variable costs, and it is the customer’s responsibility to monitor and control access to the communications equipment the service is connected to. We strongly recommend the use of a data management system to monitor the data usage and to prioritise bandwidth throughout the network on board.

  6. The service may not be used for the transmission of illegal or offensive material, or material with virus or other damaging software. They may not be used in a fraudulent or illegal way or in a way that can damage the network.

  7. The vessel owner agrees that it shall comply with all applicable laws, rules and regulations and shall ensure that the service is not used in a manner that violates any applicable law or regulation. As part of this requirement, the vessel owner agrees to obtain and validly maintain any government or other regulatory body licenses and approvals (as the case may be) to access and/or receive and use the service in every relevant jurisdiction.

SALE OR DISPOSAL OF VESSEL

  1. In the event of disposal or sale of vessel, the customer shall notify e3 Systems immediately in writing upon disposal of the vessel, included but not limited to any sale, loss, constructive total loss and provide relevant proof. The customer shall provide e3 Systems with 30 days written termination notice for each service termination for sale or scrapping of the vessel. The customer shall remain liable for payment of all charges until the effective date of termination, which shall be the later of (i) the date of disposal or sale of the vessel, or (ii) the 30th day from e3 Systems’s receipt of the termination notice.
  2. Allowance plan services are subject to early termination fees equal to the unpaid balance of the contract. This will become due on the sale of the vessel if the contract is not reassigned to the new owners.