5.1 Timely Payments
You agree to pay all applicable activation, usage, cancellation, and disconnection fees, plus any applicable taxes, surcharges, and fees on time as provided in your Data Plan. Since your Data Plan will renew automatically at the end of each term if you don’t cancel in accordance with Section 3.6 above, Somewear will bill your credit card at the time of renewal, or within thirty (30) days prior to the renewal, of each subsequent service term in accordance with the terms of your Data Plan. This bill is due and payable in the currency specified in your Data Plan. If your plan specifies monthly billing, then the monthly recurring charges are billed monthly in advance.
5.2 Late Payments
You agree to pay a late charge of the lesser of (i) 1.5% per month or (ii) the maximum legal rate if your bill is not paid within ten (10) days after the due date. This late charge is applicable to the unpaid balance as of the due date and will be billed on subsequent invoices and statements. Somewear may suspend the Somewear Services in the event of late payment in accordance with any applicable standards or codes. If it does so, Somewear may charge a reactivation fee for each suspended Data Plan.
5.3 Event of Credit Card Failure
You will be notified by Somewear via an email message sent to your last known email address the first time your credit card fails. A second notice will be sent 7 days later, followed by a final notice 14 days after the first notice, if the credit card continues to fail. If Somewear does not hear from you that you have rectified the problem, any Somewear Device associated with the credit card will be deactivated 30 days from the first notice. Cancellation of a Data Plan due to a credit card failure will not relieve you of any otherwise applicable fees that may be due and will result in late payment fees and a reactivation fee. Additionally, until all applicable payments and fees have been paid in full, (i) you will not be able to activate any Somewear Device or use the Somewear Services and (ii) no Somewear Device currently linked to your account may be activated on any other account.
5.5 Promotions
If you use a promotion code for your purchase, you certify that you qualify for the applicable promotion. You agree to the terms of the promotion, including any time limitations, and you agree to provide your credit card information for any additional services and to extend the Somewear Services beyond the promotional period.
5.6 Data Transmission/No Credits
Somewear will exercise a commercially reasonable level of care but makes no representation as to the success of any data transmission. Regardless of whether a data transmission is successful, no refunds will be given. In addition to limitations resulting from incorrect use (e.g., next to or under an obstruction), satellite communications systems have inherent characteristics that can create dropped data transmissions. Dropped data transmissions, regardless of type, will not be credited regardless of cause. Somewear shall not be liable for any damages that may result from such dropped data transmission.
5.7 Taxes and Fees
Your Data Plan price for the Somewear Services does not include all sales, usage, excise, ad valorem, goods and services, harmonized sales, property or any other taxes now or hereafter imposed, directly or indirectly, by any governmental authority or agency with respect to the Somewear Services. You are required to pay these taxes not already collected for you by Somewear and these taxes may be added to the final price charged to you in your bill. Your Data Plan price for the Somewear Services may not include certain applicable surcharges and/or fees associated with the Somewear Services, including fees associated with the Federal Universal Service Fund. Such surcharges and/or fees may be added to your bill by Somewear in accordance with all applicable laws, standards and codes.
5.8 Credit Approval / Credit Card Trial Authorization
Initiation or continuation of the Somewear Services is subject to credit approval by Somewear. If you elect to pay via credit card, Somewear requires direct payment by credit card or an authorized guarantee of payment by a valid accepted credit card. Somewear may seek authorization of your credit card account prior to your first activation/purchase to validate that you can charge the applicable fees to access the Somewear Services. By authorizing Somewear to charge a credit card trial authorization for the fees associated with your subscription, you are authorizing Somewear to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs Somewear of the new replacement card account) for all fees or charges associated with your subscription including any renewal fees as described below. You authorize the card issuer to pay any amounts described herein and authorize Somewear, or any other company that acts as a billing agent for Somewear, to continue to attempt to charge all sums described herein to your credit card account until such amounts are paid in full.
5.9 Credit Card Authorization
BY AUTHORIZING SOMEWEAR TO DEBIT YOUR CREDIT CARD, YOU REPRESENT THAT YOU ARE THE AUTHORIZED OWNER OR USER OF YOUR CREDIT CARD AND THAT YOU ARE A RESPONSIBLE PARTY FOR THAT CARD. YOU GRANT SOMEWEAR ACCESS TO AND THE RIGHT TO REVIEW THE INFORMATION IN, AND YOUR REFERENCES SUBMITTED WITH, THE DATA PLAN, OBTAIN YOUR CREDIT REPORTS AND CREDIT HISTORY (IF THIS IS PERMITTED BY THE LAW OF YOUR LOCAL JURISDICTION), AND/OR ALL OTHER RELEVANT INFORMATION AND MATERIALS THAT SOMEWEAR REASONABLY BELIEVES IS DESIRABLE FOR THE PURPOSE OF IDENTIFYING YOUR FINANCIAL STATUS AND CREDITWORTHINESS. FURTHER, YOU AUTHORIZE SOMEWEAR TO DEBIT YOUR CREDIT CARD IN ORDER TO RENEW YOUR SERVICE PRIOR TO THE START OF EVERY SERVICE TERM, UP UNTIL SUCH TIME THAT YOU CANCEL THE SERVICE IN ACCORDANCE WITH SECTION 3.8.
5.10 Cost of Collection
You agree to pay Somewear for all collection costs, including without limitation the standard fees of any collection agency, reasonable attorney and legal fees, and any other costs incurred by Somewear in exercising any of its rights under this Agreement.