In this Agreement, “we,” “us,” “our,” refer to Nuguy Nominees Pty Ltd t/as Sky Nanny.net, Inc. and its affiliates. “You,” “your,” “customer,” or “user” refer to an account holder or user of record with us.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. IT ALSO LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE. NOTE THAT A DIFFERENT DISPUTE RESOLUTION PROCESS MAY APPLY FOR SERVICES PROVIDED BY ANOTHER COMPANY, SUCH AS YOUR NETWORK CARRIER, BUT THE DISPUTE RESOLUTION PROVISIONS OF THIS AGREEMENT STILL APPLY TO OUR SERVICES.
When Your Agreement Begins
This Agreement becomes effective when you do any of the following:
- You accept the Agreement through an oral or electronic statement;
- You attempt to or in any way use a Service;
- You pay for a Service; or
- You open any package or start any program that says you are accepting the Agreement by doing so.
If you do not want the Agreement to begin, do not do any of these things.
Some of the lines of Services we offer (for example, relating to rate plans or Device discounts) require you to continue such Services with us for a minimum term, usually 1, 2, or 3 years (“Term Commitment”). After your Term Commitment expires, your Service will continue month-to-month unless you agree to either extend your Term Commitment or agree to a new Term Commitment – for example, by accepting a new rate plan or upgrading your Device.
Early Termination Fee
You will be charged an Early Termination Fee for each subscription that you terminate before the end of the Term Commitment or for each line of Service that we terminate early for good cause (for example, if you violate the payment or other terms of the Agreement). If the Early Termination Fee applies, you will be charged the lesser of $199.00 or the aggregate sum of the payments that remained on your plan prior to termination. As explained directly below, there are instances when you will not be responsible for an Early Termination Fee.
Refunds will not be issued for Devices that have been damaged or altered in any way, including by affixing adhesive or other items to the Device. For all returns, including returns within the Return Period, you will be responsible for the shipping costs back to our office. Refunds will be issued for the purchase price of the Device only; refunds will not be issued for activation fees, subscription payments, original shipping fees, or any other fees or costs whatsoever.
Our Right to Interrupt or Terminate Your Service
We may interrupt or terminate a Service without notice:
- for any conduct that we believe violates this Agreement;
- if you exceed an Account Usage Limit (“AUL”);
- if you behave in an abusive, derogatory, or similarly unreasonable manner with any of our representatives;
- if we discover that you are underage;
- if you fail to make all required payments when due;
- if we have reasonable cause to believe that your Device is being used for an unlawful purpose or in a way that (i) is harmful to, interferes with, or may adversely affect our provision of the Service, (ii) interferes with the use or enjoyment of Services received by others, (iii) infringes intellectual property rights, (iv) results in the publication of threatening or offensive material, or (v) constitutes a security risk or a violation of privacy;
- if you provided inaccurate credit information;
- if we believe your credit has deteriorated and you refuse to pay any requested advance payment or deposit;
- if you modify a Device from its manufacturer specifications or alter it in any way that mechanically is not intended by this Agreement, such as unauthorized removal of the SIM card; or
- if we believe the action protects our interests or any customer’s interests. If we terminate a Service for any of the above reasons, and you are then subject to a Term Commitment, you must pay us an Early Termination Fee and a Device Fee (if applicable).
Your Right to Terminate a Service
You can terminate a Service at any time by calling us and requesting that we deactivate your Service. You are responsible for all charges billed or incurred prior to deactivation. If a Service is terminated before the end of your invoicing cycle, we will not prorate charges to the date of termination and you will not receive a credit or refund for any unused Service. Except as provided above, you may be required to pay us an Early Termination Fee for each applicable line of Service that you terminate, and a Device Fee, if applicable.
Our Right to Change the Agreement and Your Associated Rights
We may change any terms, conditions, rates, fees, expenses, charges or method of calculating charges regarding a Service at any time. We will provide you with notice of material changes (other than changes to governmental fees, proportional charges for governmental mandates or administrative charges) either in your monthly bill or separately. If we increase the price of any of the Services to which you subscribe, beyond the limits set forth in your Agreement, we will disclose the change at least one billing cycle in advance (either through a notice with your bill, through an e-mail to the e-mail address that you have identified to us at the time of purchase, as amended by you from time to time, or otherwise).
In response to our changes to the Agreement as described above, you may terminate this Agreement as it applies to a Service without paying an Early Termination Fee only if you: (a) call us within 14 days after the date you are notified of the change; and (b) specifically advise us that you wish to cancel a Service because of a material change to the Agreement. If you do not cancel Service within the 14-day period, an Early Termination Fee will apply if you later terminate such Service before the end of any applicable Term Commitment.
Deposits and Returning Deposits
We may at any time require a deposit, as a guarantee for goods delivered. We may mix Deposits with our other funds. Deposits will not earn interest. Deposits will not be returned to purchaser.
Your Device Number
Your Device is designed exclusively for use on our network and in other coverage areas that we make available to you. Except for any legal right you may have to port/transfer your Device number to another carrier, you have no and cannot gain any (for example, through publication, use, etc.) proprietary, ownership or other rights to any Device Number we assign to you, your Device, or your account. We will notify you if we decide to change or reassign your Device Number.
Subject to the exclusions contained below, Sky Nanny.net warrants its Devices and accessories (“Products”) to be free from defects in materials and workmanship under normal consumer usage for the term of coverage outlined below. This limited warranty is a consumer’s exclusive remedy, and applies as follows only to new devices.
- Term. The Products shall be covered under this warranty for a period of three hundred sixty-five (365) days from the date of your purchase regardless of when the products are actually received by you.
- Exclusions. The following are excluded from coverage under this warranty: a. Normal Wear and Tear. Periodic maintenance, repair and replacement of parts due to normal wear and tear are excluded from coverage; b. Batteries. Only batteries that leak are covered by this limited warranty; d. Abuse & Misuse. Defects or damage that result from: (i) improper operation, storage, misuse or abuse, accident or neglect, such as physical damage (cracks, scratches, etc.) to the surface of the product resulting from misuse; (ii) contact with extreme humidity or heavy perspiration, sand, dirt or the like, extreme heat, or food; (iii) use of the device or accessories for commercial purposes or subjecting the device or accessory to abnormal usage or conditions; or (iv) other acts which are not the fault of Sky Nanny.net, are excluded from coverage; e. Unauthorized Service or Modification. Defects or damages resulting from service, testing, adjustment, installation, maintenance, alteration, including without limitation, software changes, or modification in any way by someone other than Sky Nanny.net, or its authorized service centres, are excluded from coverage; f. Altered Products. Devices or accessories with (i) serial numbers or date tags that have been removed, altered or obliterated; (ii) broken seals or that show evidence of tampering; (iii) mismatched board serial numbers; or (iv) nonconforming or non – Sky Nanny.net housings, antennas, or parts, are excluded from coverage; g. Communication Services. Defects, damages, or the failure of products and Services due to any communication service or signal you may subscribe to or use with the products and Services is excluded from coverage.
- Transferability. This warranty extends only to the first consumer purchaser, and is not transferable.
- Actions. Sky Nanny.net, at its option, will at no charge repair, replace or refund the purchase price of any Product that does not conform to this warranty. We may use functionally equivalent reconditioned/ refurbished/pre-owned or new products, accessories or parts. No data, software or applications added to the device or accessories, including but not limited to personal contacts, games and ringer tones, will be reinstalled. To avoid losing such data, software and applications please create a back- up prior to requesting service.
- How to obtain warranty service. To obtain warranty service, please contact Sky Nanny.net at the address or customer service telephone number found on our website (www.skynanny.net)
- Limited Products Warranty. THE REPAIR, REPLACEMENT, OR REFUND AS PROVIDED UNDER THIS EXPRESS LIMITED WARRANTY IS THE EXCLUSIVE REMEDY OF THE PURCHASER AND IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OF IMPLIED. IN NO EVENT SHALL SKYNANNY.NET BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE RELEVANT PRODUCTS, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, SOFTWARE OR APPLICATIONS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW. Note: Some countries, states, and jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, or limitation on the length of an implied warranty, so the above limitations or exclusions may not apply. This warranty gives you specific legal rights, and you may also have other rights that vary from one legal jurisdiction to another.
SKY NANNY.NET EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE. SKY NANNY.NET DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SERVICES ASSOCIATED WITH THE PRODUCTS. SKY NANNY.NET DOES NOT WARRANT THAT THE SERVICES ARE ERROR-FREE OR THAT OPERATION OF THE SERVICES WILL BE SECURE OR UNINTERRUPTED. PURCHASER WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF SKY NANNY.NET TO ANY END-USER OR OTHER THIRD PARTY. (SEE ALSO GENERAL LIMITATION OF LIABILITY BELOW)
Coverage; Where Your Device Will Work; Technical Limitations
Sky Nanny.net does not guarantee wireless network availability. Services may be subject to certain Device and compatibility limitations, including memory, storage, network availability, coverage, accessibility and data conversion limitations. Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice.
Actual network speeds depend upon device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints. In addition, Services that rely on location information, such as GPS, GSM and Bluetooth, depend on your Device’s ability to acquire satellite signals (typically not available indoors) and network coverage. Network coverage and satellite signals are dependent on a number of factors not within our control including weather, topographical changes, the presence of obstructions such as tall buildings, the functionality of various satellites, cell towers, clouds, and other factors. The Device performs inconsistently in dense urban areas such as New York City. In addition, some areas, such as schools, are equipped with cell phone inhibitors that interfere with all phone communications. The Device will not work, and Services will not work, under such circumstances.
GPS location readings are inherently subject to “bounce” which can affect accuracy in varying increments, on occasion in excess of 200 metres.
You understand and agree to such technical limitations and expressly agree to indemnify and hold us harmless from any and all injuries that result from the Device or Services not working, malfunctioning, or failing except as specifically provided herein.
Payment Policy; Late Fees
You agree to make payments on the day of the purchase of each month in the amount set forth in the online service contract selected by you for the purchase of a Service (“Service Contract”), plus additional taxes, fees, or surcharges as provided for in this Agreement. You hereby authorize us or our assigns or agents to charge your credit card a monthly recurring fee during the pendency of your contract in the full amount owing, including overages where applicable. For some Services, you will receive a monthly statement detailing your charges as provided above. This statement will typically be sent electronically, but we reserve the right to send a statement in a hard copy via mail. If we do not receive payment in full by the date specified in your Service Contract, a late payment charge (equal to $10 per month per late payment) may be applied to the total unpaid balance. You may be charged additional fees for certain methods of payment. We may charge you, up to the highest amount permitted by law, for returned checks or other payments paid by you and denied for any reason by a financial institution. Acceptance of payments (even if marked by you as “paid in full”) does not waive our right to collect all amounts that you owe us. We may restrict your payment methods to cashier’s check, money order, or any other reasonable method at any time at our sole discretion.
In addition to late fees, interest and other applicable charges, you agree to pay all costs of collection, including attorney’s fees and including charges that we incur with a collection agency. If your account is assigned to a collection agency, you will be charged a fee of $25 for each such assignment in addition to other applicable charges. We reserve the right to report delinquent account to credit agencies, which might impact your credit score.
Account & Service Charges; Pro-rating; Unused Minutes
You are responsible for all charges associated with your account and the Services on your account, no matter who uses the Services or whether the Services were used. Charges include, but are not limited to, the monthly recurring charges, usage charges (including without limitation text and voice), taxes, surcharges and fees associated with your Services
Your Statement of Charges
For certain Services involving variable charges, we will provide you with a monthly statement, which will provide you notice of any usage/transaction specific charges (usually billed in the bill cycle in which they’re incurred). This statement also may include other important notices (for example, changes to this Agreement, to your Service, legal notices, etc.). You are responsible for providing a valid email address for communication. You agree to assume all responsibility, including payment of any additional fees or limitations incurred as a result of your email malfunctioning or not receiving our communication.
Taxes & Government Fees
You agree to pay all federal, state and local taxes, fees and other assessments that we are required by law to collect on the Services we provide you and remit to the government. These charges may change from time to time without advance notice. If you are claiming any tax exemption, you must provide us with a valid exemption certificate. Tax exemptions generally won’t be applied retroactively.
Disputing Charges – You Must Still Pay Undisputed Charges
Any dispute to a charge on your bill must be made within 60 days of the date of the bill that initially contained the charge. Disputes can only be made by calling or writing us as directed on your invoice or elsewhere. You accept all charges not properly disputed within the above time period – undisputed charges must still be paid as stated on your bill.
If Your Device Is Lost or Stolen
Call us immediately if your Device is lost or stolen because you may be responsible for usage charges incurred before you notify us of the alleged loss or theft. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.). You further agree that the loss or theft of your Device will not result in the waiver of any Early Termination Fees if you elect to terminate Services (rather than purchase a replacement Device) due to such loss or theft.
Compliance with Law
The Devices and Services are intended to be used in a lawful manner. You are responsible for using your Device and the Services in a manner that complies with applicable local, state, regional, federal or international laws. Certain jurisdictions have laws regarding the use of monitoring devices. Sky Nanny.net will not render advice on the legality of a particular use. If you are unsure of the legality of a particular use, please consult your legal counsel. You agree to indemnify and hold Sky Nanny.net harmless from your unlawful use of a Device or Service.
General Limitation of Liability
Unless prohibited by law, the following limitations of liability apply. A Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers.
WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE CANNOT ASSURE A USER OF A DEVICE WILL BE LOCATED, OR THAT IF YOU PLACE A CALL YOU WILL BE FOUND. AIRTIME AND OTHER SERVICE CHARGES APPLY TO ALL CALLS, INCLUDING INVOLUNTARILY TERMINATED CALLS. SKY NANNY.NET MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING ANY SERVICES, SOFTWARE OR GOODS, AND IN NO EVENT SHALL SKY NANNY.NET BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:
- act or omission of a third party;
- mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services or related software provided by or through us;
- damage or injury caused by the use of Services or Device, including use in a vehicle;
- claims against you by third parties;
- damage or injury caused by a suspension or termination of Services by Sky Nanny.net; or
- damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service.
Unless prohibited by law, Sky Nanny.net is not liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, Services, or Devices provided by or through Sky Nanny.net, including loss of business or goodwill, revenue or profits, or claims of personal injuries.
TO THE FULL EXTENT ALLOWED BY LAW YOU HEREBY RELEASE, INDEMNIFY, AND HOLD SKY NANNY.NET AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF ANY PERSON OR ENTITY FOR DAMAGES OF ANY NATURE ARISING IN ANY WAY FROM OR RELATING TO, DIRECTLY OR INDIRECTLY, THE SERVICES PROVIDED BY SKY NANNY.NET OR ANY PERSON’S USE THEREOF OR OF THE DEVICE (INCLUDING, BUT NOT LIMITED TO, VEHICULAR DAMAGE AND PERSONAL INJURY), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF SKY NANNY.NET, OR ANY VIOLATION BY YOU OF THIS AGREEMENT. THIS OBLIGATION SHALL SURVIVE TERMINATION OF YOUR SERVICE WITH SKY NANNY.NET. SKY NANNY.NET IS NOT LIABLE TO YOU FOR CHANGES IN OPERATION, EQUIPMENT, OR TECHNOLOGY THAT CAUSE YOUR DEVICE OR SOFTWARE TO BE RENDERED OBSOLETE OR REQUIRE MODIFICATION.
Our Services and Devices are Not Substitutes for Child Care
OUR DEVICES ARE NOT SUBSTITUTES FOR CHILD CARE AND SHOULD NOT BE USED AS SUCH. OUR DEVICE IS TO BE USED AS A SECONDARY PARENTING TOOL.
Disclaimer Concerning Data
We cannot guarantee the accuracy, completeness or timeliness of the data upon which our Services are based. By entering into the Agreement you indicate your understanding as to this limitation, you expressly consent to it, and you accept and understand that the limitations of liability set forth herein include any claim with respect to the accuracy of the referenced database.
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by calling or writing us as instructed on your invoice. We will contact you by mail at your billing address, at your email address, or by telephone. Instead of suing in court, we each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there is no judge or jury and review is limited. However, just as with a judicial proceeding, the arbitrator must honor the terms and limitations in the Agreement and can award the same damages and relief, including any attorney’s fees authorized by law. The arbitrator’s decision and award is final and binding. We each also agree as follow
- “Disputes” are any claims or controversies against each other related in any way to our Services or the Agreement including, but not limited to, coverage, Devices, privacy, or advertising, even if it arises after Services have terminated. This includes claims you bring against our employees, agents, affiliates or other representatives, or that we bring against you.
- If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to you will be sent to your address provided us when you sign up for our Services, and notice to us will be sent to the Sky Nanny.net’s mailing address set forth on the Sky Nanny.net website. Each of us agrees to make attempts to resolve the dispute. If the parties cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then either of us may submit the dispute to formal arbitration.
- Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place Melbourne, Victoria, Australia. The Australian federal or Victorian state law that applies to the Agreement will also apply during the arbitration.
- We each agree not to pursue arbitration on a classwide basis. Unless both you and we agree otherwise, any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim), and the arbitrator may not consolidate more than one person’s claims nor otherwise preside over any form of a representative or class proceeding. If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
- We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.
- Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this Dispute Resolution provision during the provision of a Service to you, you may reject any such change by sending us written notice within 30.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, EACH OF US WAIVES ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
No Trial by Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Other Important Terms
Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of Australia, without regard to the conflicts of law rules of each state. If either of us waives or does not enforce a requirement under this Agreement, we do not waive our right to later enforce that requirement. Except as the Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. You may not assign the Agreement or any of your rights or duties under it. We may assign the Agreement. The Agreement as defined herein makes up the entire agreement between us and supersedes any prior written or spoken agreements. You cannot rely on any contradictory statements by sales or service representatives. The rights, obligations and commitments in the Agreement that, by their nature, would logically continue beyond the termination of Services (including, but not limited to, those relating to billing, payment, dispute resolution, no class action, no jury trial), survive termination of Services.
SKY NANNY.NET may assign the rights to this contract to third parties at our sole discretion without input or consent from you.
If you have any questions concerning this Customer Agreement, please contact us by telephone 1300SKYNANNY or firstname.lastname@example.org
Revised: 20 July, 2014
STATEMENT OF OWNERSHIP
This website is owned and run by NUGUY NOMINEES PTY LTD ABN: 64167687970 t/as SKY NANNY.NET
Sky Nanny.net was Registered from 18 October, 2013
CONTACT SKY NANNY.NET
199 Moore St
VIC 3280 Australia