Terms and Conditions
Your order for a Starlink internet service (“Service Plan”) and a Starlink antenna, WiFi router, power supply and mount (“Starlink Kit”) is subject to the terms (“Terms”) of this Starlink agreement for Canada. These General Terms & Conditions, the Starlink Specific Terms and Conditions, the Personal Data Processing Policy and those terms incorporated by reference, and the details you agree to in your online order (“Service Order”) form the entire agreement (“Agreement”) between you or the Company you represent (“Customer”) and Castor Marine. BV (known as “Castor” in these Terms).
1. By submitting a Service Order you agree to purchase the Starlink Kit and subscribe to a Starlink Service Plan. Given the innovative newness of the provided services, Starlink services are provided only on “a best effort basis”, which means that Starlink (Space Exploration Technologies Corp) does not provide any service level guarantees to Castor or any other Customer and therefore Castor cannot provide these to its Customers. Starlink tries to achieve performance goals which are published on Starlink.com and will be amended by Starlink from time to time based on experience and innovation.
2. You authorize Castor to charge an approved Payment Method, including bank-to-bank payments, credit or debit cards (where available) for all charges made under the Agreement, including applicable taxes. Use of a credit or debit card is subject to the terms and conditions in your card member agreement, including fees that may be charged by the issuer. If there is a change to your bank or card account information, including the expiration date, you must update your payment information in the Castor Customer Portal to avoid suspension or termination of Services and to enable Castor to process refunds. Castor may also update your payment method data with information provided by the payment service providers. You authorize us to continue to charge your payment method following any update to your information.
3. You authorize Castor to charge your approved Payment Method for
a. One-time purchase price on the balance of your Starlink Kit and any accessories, including applicable shipping, handling and taxes, as is described in the online Service Order. Castor shall deliver the Starlink Ex-Works (per INCO terms) at the Ex-Works Site from which moment the risk shall pass to the Customer.
b. Monthly Starlink Service Fee and Castor Support Fee for the Starlink Service Plan selected in your Order, starting on the earlier of (i) the date you activate the Starlink Kit or (ii) 60 days after Castor ships your Starlink Kit (the “Payment Due Date”). Castor will automatically charge your approved payment method for the first month’s service fee on the Payment Due Date. The service fee for the second month and all subsequent months thereafter will be due on the monthly anniversary of the Payment Due Date;
c. Additional Priority or Mobile Priority Data. If applicable, additional automatic charges per GB of data use, if you opt-in to purchasing additional Priority or Mobile Priority data after hitting your data limit under certain Service Plans. You can track your excess monthly data usage and purchase additional Priority or Mobile Priority data at any time via the Castor Online portal. Your excess data usage per month will also be displayed on your next monthly invoice. Once you opt-in, you will be automatically billed for (1) a deposit and (2) additional Priority or Mobile Priority data used until you opt-out, including in following billing cycles. You may opt-out of purchasing additional Priority or Mobile Priority at any time by submitting an e-mail request or via your account in the Castor Customer Portal.
4. The monthly recurring charges are billed pro rata for the month of activation and based on a full calendar month at deactivation. The assigned data allowance is also pro rata for the month of activation.
5. Shipping & Handling. Shipping and handling charges will apply and are non-refundable. Deliveries may require signature. Castor will use the carrier of its choice for a submitted online Service Order.
6. Taxes, Fees, Surcharges. In addition to charges for the Services, the Starlink Kit, and any accessories you buy, we may collect or request reimbursement for taxes and other fees and surcharges, as required by law, including, without limitation, Goods and Services Tax (“GST”), Harmonized Sales Tax (“HST”), Provincial Sales Tax (“PST”), Retail Sales Tax (“RST”), Quebec Sales Tax (“QST”), value added, consumption, sales, use, gross receipts, excise, access, and bypass. You are also responsible for any additional government fees, rights of way fees or charges, license or permit fees, and any other duties, fees, charges or surcharges imposed on, incident to, or based upon the provision, sale, or use of the Services or Starlink Kit. PST of 7% and GST of 5% will be applied on shipments and Services to customers in British Columbia; RST of 7% and GST of 5% will be applied on shipments and Services to customers in Manitoba; QST of 9.975% and GST of 5% will be applied on shipments and Services to customers in Quebec; and PST of 6% and GST of 5% will be applied on shipments and Services to customers in Saskatchewan. Shipments and Services to customers in all other provinces will be subject to the relevant GST/HST. Our Federal Registration Number is 769 335 019.
7. Bills, Payment Disputes & Suspended Services. Bills are provided to customers on a monthly basis via e-mail. Disputes on your invoice bill should be handled by sending an e-mail to ar@castornetworks.com. In the event of a billing dispute, you must timely pay all undisputed amounts. If the payment dispute is resolved against you, or if you simply fail to pay for Services on time, you must pay the amounts due or Castor will, where permitted under the Canadian Radio-television Telecommunications Commission’s (“CRTC”) Internet Code, suspend your Services until the overdue amounts are paid. A Service Order commences on the date you submit your online order shall continue in effect until the date of termination thereof in accordance with this Article.
Duration, Termination, Suspension, and Change of a Service Order
8. A Service Order Form shall remain in force for a minimum 12 months after the Starlink Service Plan is activated and will thereafter automatically be extended with subsequent 12 months (Extension Period) until terminated by either Party giving to the other at least one (1) month prior notice in writing to terminate the Service Order at the end of the Initial Term or any subsequent Extension Period thereafter.
9. In case of termination, the Service Order ends on the last day of the monthly billing cycle. The billing cycle is equal to a calendar month.
10. Customer may request a service suspension of Starlink service under the condition that the Customer gives at least five (5) calendar days prior notice in writing before the start of the next monthly billing cycle. A suspension starts on the first day of the following monthly billing cycle. During a service suspension, the Castor will not charge the Starlink Service Fee and the Castor Support Fee.
11. Customer may request a different Starlink Service Plan under the condition that the Customer gives at least five (5) calendar days prior notice in writing before the start of the next monthly billing cycle. The new Starlink Service Plan suspension starts on the first day of the following monthly billing cycle.
Starlink Service Plans
12. Fixed Priority Service Plan. The Priority Service Plans are designed for businesses, governments and institutions at fixed land-based locations. The Priority Service Plans assign a set amount of “Priority” data to customers each month, as described in the Fair Use Policy on Starlink.com. Priority data is given network precedence over Standard and Mobile data, meaning users will experience faster and more consistent download and upload speeds. Unused Priority data does not rollover to the next month. If you have exhausted your Priority data in a given month, you are able to purchase additional Priority data or upgrade your Service Plan. Customers who exhaust and have not purchased additional Priority data will be allocated an unlimited amount of Standard data for the remainder of the month, which may result in slower speeds and reduced performance compared to customers with Priority data.
13. Mobile Priority Service Plans are designed for high bandwidth or in-motion Customers such as Emergency Vehicles. A Mobile Priority Service Plans assign a set amount of “Mobile Priority” data to customers each month. Mobile Priority data is given network precedence over consumer Starlink plans, meaning Enterprise users will experience faster and more consistent download and upload speeds, as described in the Fair Use Policy on Starlink.com. Unused Mobile Priority data does not rollover to the next month. After a user’s Mobile Priority data is exhausted, users will receive unlimited Mobile data, which will result in slower speeds and degradation of bandwidth intensive applications during times of network congestion. Additional Mobile Priority data is available by opting into paying for additional data per GB.
Castor Support for Starlink
14. Castor will provide an online portal to the customer for the Starlink services. Starlink will not provide any (direct) support to the Customer.
15. Castor provide an e-mail alert service in its online portal on a “best effort” basis because Castor is reliant on Starlink to provide usage statistics and/or CDR’s in a timely manner. Should there be any delay in receiving these usage statistics/ CDR’s, Castor cannot be held responsible for any delays in these alerts being generated. The delivery of e-mail alerts is depending on the Customer filling out the correct e-mail address in the online Portal and Customer acknowledges e-mail delivery is not 100% reliable.
16. If the Customer experiences an issue with Starlink Services, the Customer shall report such occurrence to Castor by phone, e-mail or by opening a trouble ticket. Urgent issues need to reported via phone with a follow-up in writing by e-mail or via the online trouble ticketing system.
17. If Castor is requested by the Customer to address a problem with a Service, which proves to be caused by a problem in the Customer’s network or Customer’s Equipment or its personnel or by a problem attributable to Customer, Castor reserves the right to charge all reasonable expenses incurred by Castor in resolving the reported problem without the Customer’s prior approval.
18. Repair and/or replacement of Customer equipment will be for the account of the Customer.
19. Castor’s warranty towards the Customer-on-Customer Equipment provided by Castor equals the warranty that Castor receives from the supplier of the equipment itself. That means that – if Customer Equipment acquired from Castor is faulty within the warranty period (which warranty period equals the warranty period provided by the supplier to Castor) – and the defect has occurred during normal use due to no fault of the Customer (to be judged by the supplier), the Customer shall return such faulty equipment at its own cost to Castor (or on the instruction of Castor directly to the supplier) for repair or replacement of the Equipment (the last at the supplier’s option). The warranty does not cover any labour and travel cost by engineers / installers to repair/ replace the equipment. The standard warranty period for the Starlink Kit is 12 months.
20. Castor is not responsible or liable for any non-performance of Services, or for any degradation or deviation of the Services from the descriptions of service levels or for any delay in the delivery of service thereof which:
_______________ _______________ (Castor) (Customer) 3
(i) Are the result of events beyond the control of Castor including, but not limited to
o Customer Equipment faults;
o Excessive traffic (requests) coming from vessel on-board LAN
o Degradation of throughput due to use of VPN tunnels by the Customer
o Heavy rainfall at vessel location;
o Radio or electromagnetic interference (including radar, satellite links, radio links, WIMAX, Radius)
(ii) Can be reasonably attributed to the actions or omissions of the Customer, Customer’s personnel or third parties contracted by the Customer;
(iii) Cannot be addressed by Castor because the Customer, Customer’s personnel or third parties related to the Customer unreasonably refuse to release or allow access to its network or equipment for installation, testing or repair;
(iv) Occurs during any period of planned maintenance or rearrangement purposes in accordance with the procedures set out in this Framework Agreement;
No Reselling or Unauthorized Agency
21. No Resale or Unauthorized Agency. You may not resell access to the Services to others as a stand-alone, integrated or value-added service under this Agreement (whether acting as an agent, introducer or in any other capacity), unless authorized by Castor. A violation of this Section may result in Service termination without the possibility to recover and payments made.
Assignment
22. The Customer may not assign this Agreement or any of its rights or obligations hereunder without the prior written approval of Castor.
23. Castor may at any time without consent of the Customer assign, transfer or novate the Agreement or any of its rights and obligations to:
a. Its main shareholder, or any legal entity controlling, controlled by or under the same control as Castor.
b. Any successor in interest due to the purchase of its assets.
Liability
24. To the extent lawfully permitted, the liability of Castor for any unavailability, delay, interruption, suspension, disruption or degradation of Services because of reasons attributable to Castor is limited, at the sole discretion of Castor, to:
a. Re-supply the Services without additional charges for the Customer, or;
b. Compensate the Customer with an amount equal to Castor’s costs for re-supplying the Services.
25. Neither Party will be liable for any default or delay in the performance of its obligations under an Agreement, if and to the extent that the default or delay is caused by an event beyond the reasonable control of that Party as set out in article 31 (Force Majeure).
26. Castor or any of its affiliates, suppliers or agents, are not liable (whether based on contract, tort or otherwise) for any indirect, special, punitive, incidental or consequential loss or damage (including loss of profits, loss of revenue, loss of savings or any damage incurred by third parties) in connection with or arising out of this Agreement or the provision of Services.
27. In no event shall Castor’s liability towards the Customer for damages (including damage that arose through property damage or through death or physical injury) exceed the amount of 50,000 USD per event or series of events involved and the total amount of 100,000 USD per year. Nothing in this article shall exclude or limit the Parties’ liability for death or personal injury resulting from its own negligence in any jurisdictions where, as a matter of law, such liability cannot be excluded or limited.
28. The Customer agrees with Castor that neither Starlink nor any of its respective affiliates shall be liable on any basis whatsoever, except in cases of willful misconduct or negligence, (including in contract and/or in tort) to the Customer for any direct, indirect or consequential loss, damage or expense, including, without limitation, loss of profits or revenues, loss of distribution rights, abortive expenditure or damage to property or injury or death to persons arising from or in connection with any unavailability, delay, interruption, suspension, disruption or degradation in or of the Services provided under the Agreement, regardless of cause including, but without limitation, equipment failure or malfunction.
29. The Customer shall indemnify Castor and its suppliers at all times against any action, claim, demand or expense, loss, damages and/or costs (including legal costs on a solicitor and own client basis) arising from, or incurred by reason of the unlawful use of the Services by the Customer. This includes, but is not limited to, if anyone using Starlink Service in ways that are illegal or violate this Agreement or Starlink’s Acceptable Use Policy (for example illegally downloading movies or music without paying for them); or (b) negligent, reckless or intentionally wrongful.
30. In any event, the Customer’s right to claim any damage under this Agreement, based on tort or otherwise, shall lapse twelve (12) months after the occurrence giving rise to the claim or action.
Force Majeure
31. The Parties shall be entitled to invoke force majeure if the execution and/or the performance of the Agreement is, in whole or in part, temporarily or not, prevented or impeded by circumstances reasonably beyond its control, including but not limited to:
(i) Acts of terrorism, strikes, riots, civil disruption, war, inclemency, epidemic, specific work interruptions, delay in transportation, earthquake, fire, storm, flood, water damage;
(ii) Delay in and/or cancellation of the Starlink service to Castor;
(iii) Governmental, legal or regulatory restrictions and / or acts of God.
32. Any Party whose ability to perform is affected by a force majeure event shall take all reasonable steps to mitigate the impact of such event.
33. The Party affected by the force majeure shall give notice within (5) five working days since the event has occurred. Failure to give notice shall not affect the right to invoke this article.
Property
34. This Agreement shall not result in the transfer of title to any asset, including without limitation any intellectual property rights, rights to know-how and other rights, currently or at any future date held by either Party.
Governing Law; Disputes
35. This and any disputes between us arising out of or related to this Agreement, including disputes regarding arbitrability (“Disputes”) will be governed by and construed in accordance with the laws of the Province of British Columbia.
