Model Subscriber Agreement
BINDING SUBSCRIBER AGREEMENT BETWEEN YOU (USER) AND STARLINK SATELLITE SYSTEMS MÉXICO, S. DE R.L. DE C.V. (STARLINK) FOR THE PROVISION OF TWO-WAY SATELLITE-BASED INTERNET SERVICE.
GENERAL INFORMATION, Starlink represents the following:
a) Starlink is an entity legally incorporated under Mexican law, with legal and economic capacity to enter into and be bound by the terms of this Agreement.
b) Starlink’s Taxpayer Identification Number is EME200630JP1.
c) Starlink registered office for service under this Agreement is at Bosque de Ciruelos 180 PP, Col. Bosques de las Lomas, CP 11700, CDMX, Mexico.
d) Starlink Service plans and applicable rates are registered in the Public Registry of Telecommunications of the Federal Telecommunications Institute. In addition, total fees, prices, service description, characteristics, and content may be consulted by the User through the website of the IFT and Starlink in the following links: http://ucsweb.ift.org.mx/ift_visor/; www.starlink.com; y www.starlink.com/legal?regionCode=MX (hereinafter, the “Website”).
e) The User accepts to abide by the terms and conditions established in this Agreement by ordering Starlink Services. The terms and conditions are detailed below.
PURPOSE OF THE AGREEMENT
Starlink will provide two-way satellite-based internet service ("Service") in a continuous, uniform, consistent and efficient manner for the payment of the rate, plan, or package the User selects at the time of order. The User agrees to receive this Agreement electronically, the means described on the cover letter. The Agreement will also be available on the Website.
Starlink Service meet the performance goals described in the Starlink Specifications, which may be amended from time to time by Starlink based on experience and innovation, and in compliance with the quality indices and guidelines established by the Federal Telecommunications Institute ("IFT").
The User must use the Service according to the terms of the Agreement and only at the service address indicated in the order.
The Agreement will be governed by a fixed ADVANCE monthly payment plan. In other words, the Service will be paid before being used; such plan will operate under the terms and conditions of the post-paid service, except at the time of payment of the service.
Starlink is solely responsible to the User for the provision of Services and the Starlink Kit.
TERM.
There is no minimum contracting period for the Service. The Agreement term is indefinite and the User may terminate it at any time, without any penalty, by notifying Starlink in the Customer Support Portal on the Website. The User is responsible for any outstanding invoices for the Services used prior to canceling the Agreement.
EQUIPMENT.
By purchasing the Starlink Kit on the Website, you are accepting the terms and conditions in this Agreement (“Terms and Conditions”). The Starlink Kit is the only equipment capable of receiving the Service. The Starlink Kit includes the Starlink antenna, Wi-Fi router, power supply, cables, and mounting tripod. You acknowledge and accept that the Starlink Kit is the only equipment that can be used for the Services given the characteristics of the satellite Internet service. Starlink will not be responsible for failures in the Services or the operation of the Starlink Kit if you use equipment not compatible with the Service.
The Starlink Kit has a twelve (12) month warranty from its purchase. If Starlink Kit has any damage or fault not attributable to the User and Starlink receives a valid and detailed warranty claim from the User within the twelve (12) months following the delivery of the Starlink Kit, Starlink may:
a) Replace or repair the Starlink Kit with a new, different or refurbished device or part, which will be covered by the warranty referred to in the preceding paragraph for the remainder of the original warranty period of 12 months.
b) Offer the User the option to cancel Service and return the Starlink Kit for a pro-rated reimbursement with respect to the cost of the equipment, depending on the Service month. The User may consult the Return Policy in the Starlink Customer Portal, which may be consulted in: www.starlink.com/legal?regionCode=MX.
The User may return the undamaged Starlink Kit, including any accessories, within 30 days of activation for a full refund, for whatever the reason, including the inability to receive the Services at their address due field of view issues.
At the end of the 12-month warranty period for the Starlink Kit, the User shall cover the costs incurred in the event that the replacement of any components or the entire Starlink Kit is required.
INSTALLATION.
The Starlink Kit includes instructions to allow the User to self-install the equipment. Through the Starlink Customer Portal (www.starlink.com), if required by the user, Starlink will provide support for the self-installation of the equipment.
Prior to installing the Starlink Kit, the User must consult the website www.starlink.com/faq to resolve frequent questions regarding the characteristics and installation procedures, as well as to consult common issues that may occur during installation, including details on the line of sight or field of view requirements.
To request the relocation of the Starlink Kit, the User must submit the new service address via the Starlink Customer Portal and if there is availability, Starlink will approve the transfer.
RATES.
The fees of the Service are established in the cover letter and registered in the Public Registry of Telecommunications of the IFT and may be consulted in the hyperlink corresponding to the rate search tool of IFT: http://ucsweb.ift.org.mx/ift_visor/ y en www.starlink.com/legal?regionCode=MX.
WEBSITE.
Starlink will maintain its Website at www.starlink.com and www.starlink.com/legal?regionCode=MX. The Website includes the commercial conditions; the areas or geographic regions where Starlink operates; the Service plans; the Agreement; the Service description, characteristics, and content of the current; the equipment warranty; the customer service hours; the contact means; the date, form, and place to make the payment of the Service; and other proceedings for addressing concerns, clarifications, complaints, or claims posed by the User, and Starlink Service Usage Policies.
Starlink will make available to Users through the Starlink Customer Portal, the data, acceptances and notices referred to in the cover letter. The User agrees to receive the Letter of Minimum Rights of Users electronically. The User must access the Customer Portal to consult any information related to its Services.
ADDITIONAL SERVICES.
Starlink does not offer additional services under this Agreement.
ACCOUNT STATEMENT.
At least ten days prior to the payment date, Starlink will make available to the User through the Starlink Customer Portal, the account statements, invoices or any other details about the Services. Such information will differentiate the cost of the Services from the cost of any equipment. Any dispute over your billing must be handled through your account on the Starlink Customer Portal.
You authorize recurring charges to continue to be deducted from your account until you cancel this Agreement or revoke such authorization through the Starlink Customer Portal.
SERVICE USE.
You agree that your use of the Starlink Services and Kit is at your sole risk. The Services are not suitable or intended for emergency services or those where human life depends on the Service. You may not resell access to the Services to others as a stand-alone or value-added service.
Starlink is not responsible for:
a) Any special, incidental, consequential or punitive, indirect damages; including but not limited to: loss of profits or any benefits; loss of revenue, work stoppage; loss or corruption of data; computer failure; breach of data security; malfunction; any loss or damage resulting from the Service provision.
b) The malfunctioning of the Starlink Kit or Services resulting from:
- the manual antenna redirection;
- the repair, modification, or tampering of any Starlink Kit component by anyone not unauthorized by Starlink;
- the failure to comply with instructions, including obstructing the Starlink Kit line of sight;
- fire, flood, wind, lightning, earthquake, weather, or other acts of God or events of force majeure;
- the spillage of any substance on the Starlink Kit;
- the planned or emergency maintenance of the network;
- problems with your electrical power or third-party network equipment;
- misuse, accident, vandalism, alteration, or negligence;
- normal wear or deterioration, surface defects, dents, or marks that do not affect the performance of the Starlink Kit;
- use in combination with devices not provided or approved by Starlink; or
- events that are not reasonably under the Starlink control.
Starlink's liability under the Agreement for any individual claim or all claims together will not exceed the total amount paid by you to Starlink under these terms during the six (6) months prior to the claim giving rise to liability. The limitations set forth in this section will apply to any claim or damage arising out of or related to the Services.
TEMPORARY RELOCATION SERVICE.
If the Temporary Relocation feature is available in your region, you will be able to move your Starlink Kit and access the Services at locations other than the Service address registered to your account ("Secondary Location(s)"). Service at Secondary Locations will be provided by Starlink on a best-effort basis and you may experience slower speeds during times of network congestion. Starlink does not guarantee when or where Temporary Relocation functionality will be available. Please visit https://support.starlink.com/ to verify if Temporary Relocation is available in your location.
Temporary Relocation is dependent on many factors, including obtaining necessary regulatory approvals. You acknowledge and agree that you are solely responsible for (a) understanding and complying with all applicable laws and regulations associated with your use of the Temporary Relocation Services and the Kit; and (b) discontinuing your use of the Temporary Relocation Services or the Kit if you are in a geographic location that does not support such functionality. At its sole discretion, Starlink may update the primary address registered to your account along with the billing requirements if you use the Services at a Secondary Location for a period longer than two billing cycles.
The Starlink Services do not support and are not designed to provide services on the move or mobile connectivity. Use of the Starlink Kit on the move will void the Limited Warranty on your Kit.
MODIFICATIONS.
Starlink reserves the right to replace, change, cancel, or modify these Terms and Conditions at any time, with prior notice by physical, electronic or digital means, or any other technology that allows notification to occur at least 15 (fifteen) calendar days in advance. The continuation of the use of the Services will constitute the acceptance of the updated Terms.
SERVICE SUSPENSION.
Starlink may suspend the Service without liability, prior written notice to the User, if the User incurs in any of the following events:
a) A material breach of the Agreement, including the Starlink Acceptable Use Policy;
b) A request and/or order from the authority, a judicial body, or other governmental agency;
c) Unexpected circumstances or technical or security problems, including without limitation, a significant failure of the network, software, or hardware of Starlink out of Starlink´s control;
d) The participation of the User in illegal or fraudulent activities;
e) The withdrawal of the consent of the User to allow Starlink to use their personal data to comply with applicable laws, as described in the Starlink Privacy Policy.
Once the cause that originated the suspension of the Service has been solved, Starlink must resume the Service provision within a maximum 48-hour period.
SERVICE INTERRUPTIONS NOT ATTRIBUTABLE TO THE PARTIES.
The service interruptions not attributable to the parties are the following.
a) Events of force majeure and/or acts of God, such as earthquakes, satellite failures which are out of Starlink´s control, floods, and, in general, any meteorological phenomenon affecting the Service availability, fires, epidemics, orders of civil and military authorities, strikes, riots, and other similar causes.
b) Interruptions known as solar interferences.
SERVICE CONTINUITY AND BONUSES DUE TO INTERRUPTION.
Starlink will compensate the User in the following cases.
a) If, due to reasons attributable to Starlink, the Services are not provided in accordance with Starlink Specifications, and Starlink receives a valid, detailed, and written claim by the User on the Starlink Customer Portal, the User will have the right to compensation proportionate to the time in which the Service was not provided plus a bonus of 20%. You also have the right to request that Starlink comply with the specifications offered or to cancel the Services at any time and stop recurring charges for the following month.
b) If the Service interruption is due to acts of God or force majeure and lasts more than 72 consecutive hours after being reported, Starlink will compensate the User proportionate to the time in which the Service was not provided, which will be reflected in the next statement, receipt and or invoice.
BONUS AND COMPENSATION MECHANISMS.
In the event that the bonus and / or compensation is applicable, the following must be done:
a) Performed no later than the following cutoff date, from the occurrence of any of the events described in the preceding clause;
b) Reflected in the next account statement, receipt, or invoice; and
c) Carried out through the means agreed by the parties.
AGREEMENT TERMINATION AND CANCELLATION.
This Agreement may be canceled or terminated by either Party under the following events:
a) At any moment, for any reason, by either of the Parties.
b) If, when performing the Service installation, it is not technically possible to provide the Service due to physical impossibility by reasons of technical coverage.
c) If Starlink is permanently unable to continue providing the Services, whether by an Act of God or Force Majeure.
d) If the User does not repair the causes that originated the Services suspension.
e) If the User assigns, transfers, or sells this Agreement and/or the Starlink Kit without Starlink prior authorization obtained through Starlink Customer Portal.
f) If the Service is used at a different address without making the corresponding change on the Starlink Customer Portal and obtaining approval from Starlink.
g) The omission or failure to process the recurring charge to your authorized payment method after 60 (sixty) days of the following termination date of the billing cycle.
h) If the User connects additional devices on their own, sub rents, assigns, or in any form transfers the rights established in the Agreement without the prior and written authorization from Starlink.
i) If the User commercializes, resells the hired Service, or obtains any profits from the sale or resale of the Service to any third party without the relevant authorization by Starlink.
j) If Starlink does not provide the Service under the form and terms convened, hired, offered, or implicit in the information disclosed on the Starlink publicity and on the index and quality parameters hired or established by the Federal Telecommunications Institute (IFT).
k) If the User, when using the Service, violates the Service Terms and Conditions or any national or international regulation in forced (law, rule, code, etc.) or commits any actions such as cyber fraud, phishing, spam, hacking, or any other which results in illicit activity, whether in a consistent manner or not.
l) For the validity term or unique concession title revocation for commercial use allowing Starlink to provide the Service for the User.
m) For the participation of the User on fraudulent activities.
n) For judicial or administrative representation or authorization.
o) For any other cause foreseen on the applicable and in forced legislation.
The User may cancel the Agreement at any moment through the Starlink Customer Portal. In the event of this Agreement termination, Starlink will provide the User with a control or registry number, which will be delivered to the User via physical, electronic, or digital means or any other new technology possible.
ACCESSIBILITY.
For the Users with a disability, Starlink will dispose of other communication means to disclose the conditions established in this Agreement, the additional services, and the bundle offered.
NON-DISCRIMINATION.
The Services are provided under equitable conditions to anyone who requests it, without establishing privileges or distinctions in a discriminatory manner, with respect to other consumers in the same coverage area and under the same contracting conditions, subject to technical limitations, including, but not limited to limited to, availability of capacity.
PERSONAL DATA.
Starlink will protect and handle the personal data provided by the User in accordance with the applicable regulations. Moreover, Starlink makes the Privacy Notice available for the User to execute any of their rights, in accordance with the Federal Law on Protection of Personal Data Held by Individuals. Starlink must obtain the User express consent on the Agreement cover letter to use the User information for marketing or publicity purposes and send publicity on goods, products, or services.
QUESTIONS, CLARIFICATIONS, AND COMPLAINTS.
The User may present their complaints about failures and/or deficiencies on the Service and/or the equipment, make questions, clarifications, hirings, cancelations, suggestions, and claims to Starlink for free through the Starlink Customer Portal. (www.starlink.com) which will be available 24 hours a day, 365 days a year.
JURISDICTION.
The Federal Consumer Protection Agency (hereinafter, "PROFECO") is the competent authority in administrative matters to resolve any dispute arising from the construction or compliance with the Agreement.
Starlink must not interrupt the Service in the event any settlement procedure begins before the PROFECO. If the Service is interrupted after presenting the claim and before notifying Starlink, PROFECO must request the Service restoring. If the Service was suspended after the claim was submitted and prior to the notification to Starlink, PROFECO must request the reinstatement of the Service. If the Service is suspended after notification of the claim, PROFECO will require Starlink to reinstate the Service.
In every case, the User is not exempt from their payment obligations for the goods and/or services contracted and used, except when it is declared inadmissible.
REGISTRATION DATA.
The registry number of this Agreement before the PROFECO is 079-2022, dated February 10, 2022. Likewise, the User may consult is registry at https://burocomercial.profeco.gob.mx/ca_spt/Starlink Satellite Systems México, S. de R.L. de C.V.!!Starlink 079-2022.pdf.
The User may also consult such registry with the following:
Any difference between the text of the Agreement registered with PROFECO and the one used to the detriment of the User, will be considered as not posted.
The adhesion contracts registered with PROFECO must be used in all its commercial operations and must faithfully correspond to the contract models registered by it, be permanently published on the Starlink website and available for consultation through electronic or digital means, or any other new technology that allows it, without prejudice to what is established in the General Guidelines on Accessibility to Telecommunications Services for Users with Disabilities issued by the IFT.