Please read these Terms and Conditions of Service carefully. These Terms and Conditions of Service are a legally binding agreement between you and Yachtphone, LLC and its third-party service and equipment suppliers. They contain important information about your legal rights, and require that certain disputes be resolved through Arbitration instead of a court trial. Yachtphone, LLC reserves the right to change or modify any of these Terms and Conditions of Service at any time and at its sole discretion. Any changes or modifications to these Terms and Conditions of Service will be binding upon you once posted on the Yachtphone, LLC website found at www.yachtphone.net.
By purchasing or activating your YachtPhone or using any YachtPhone service (“Service”), customer (“You”) acknowledges and agrees to the following terms and conditions:
1. PURCHASING YachtPhone
Prices for any of our Yacht Phone items or services are subject to change. Prices are effective at the time of posting and supersede the prices of previous postings.
Sales tax. Only Florida residents will be subject to a 7% sales tax, as we are located in Miami, Florida. All other orders will ship tax FREE.
Backorders. Backorders will occur occasionally. If your merchandise is not in stock, we will keep you informed on the status of your backordered item(s). Your credit card will not be charged until your merchandise has shipped.
Purchase orders. YachtPhone, LLC will accept a purchase order, however, no credit terms are available for purchase order customers at this time. Pre-payment is required for all orders before delivery. Purchase orders may be faxed to 305.663.5551 or mailed to our mailing address. For payment, you may list your credit card number (with expiration date) on your faxed purchase order, or mail your company check to the mailing address listed below. Please may all checks payable to: Yacht Phone LLC, 4942 S. LeJeune Rd.,Coral Gables, Fl 33146.
Returns. If you are not completely satisfied with your order, you may return any merchandise in a new and unused condition within 14 days of receipt, for a full credit, refund, or exchange, but first you MUST send an e-mail to
with your intent, before you return the merchandise. We will then e-mail you back with a Return Authorization Number that you must apply to the outside of the package before you return the shipment. Products not in a new and unused condition are not eligible for return. Product returned without prior return authorizations or without noted return authorization numbers are subject to a 15% re-stocking fee. Original freight charges, and your return freight costs, are not refundable unless required due to a product manufacturing defect.
2. ACTIVATING AND USING YOUR YachtPhone SERVICE
Before you can use your YachtPhone Service, you must activate it by visiting the YachtPhone website at www.yachtphone.net. You must accept the YachtPhone telephone number assigned to your YachtPhone at the time of purchase, however, you will acquire no proprietary interest in any number assigned to you. The wireless telecommunications networks used to transmit calls for the Service are owned and operated by various licensed commercial mobile radio service providers ("Carriers"), not Yachtphone, LLC. Your YachtPhone Service can only be used through Yachtphone, LLC, and cannot be activated with any other wireless or cellular service. Yachtphone, LLC Services are provided at Yachtphone’s discretion. Some functions and features referenced in the Manufacturer’s manual provided with your YachtPhone handset may not be available with your YachtPhone Service. Yachtphone, LLC may modify or cancel any service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of this agreement.
3. AIRTIME RATES AND TEXT MESSAGING
Yachtphone, LLC Airtime is issued in minutes for voice and text message increments. Minutes and text messages are deducted from the YachtPhone Service as you consume them.
The rates for voice and to send or receive a text message to another person’s phone using your YachtPhone are disclosed on the Yachtphone, LLC website found at www.yachtphone.net.
YachtPhone service does not allow international calls or text messages. Attempting international calls or to send international messages could result in service deactivation.
Please note that Yachtphone, LLC does not generally participate in Premium SMS services or campaigns. Premium SMS refers to activities that usually involve sending a text message to a designated "short code" or buying or attempting to buy SMS services from anyone other than Yachtphone, LLC. Premium SMS campaigns include activities such as casting a vote, expressing your opinion, playing a game, subscribing to a service, or interactive television programs. You should not attempt to participate in Premium SMS campaigns, unless it is a Yachtphone, LLC authorized campaign. Any text message you send to a "short code" will in all likelihood not go through. Any charges you may incur as a result of any attempts to participate in Premium PSMS services or campaigns (not authorized by Yachtphone, LLC), whether you incur charges as deductions from your YachtPhone handset or from your credit card, are not refundable.
4. ADDING AIRTIME
Your YachtPhone Service will only operate when you have airtime minutes/units available on the YachtPhone handset. Add airtime at the YachtPhone website at www.yachtphone.net. Minutes are not transferable to another YachtPhone Service however minutes can be transferred to a new YachtPhone purchased by or for the same user with the same telephone number. Once purchased, airtime minutes do not have any cash value and are not refundable.
5. AIRTIME PLANS
From time to time, Yachtphone, LLC may offer various plans. All Airtime Plans are governed by these Terms and Conditions.
6. SERVICE END DATE, DUE DATE OR SERVICE DAYS REMAINING
If you do not purchase and add airtime prior to the Service End Date or Due Date or before your Service Days run out your YachtPhone Service will be deactivated on the Service End Date or Due Date and you may lose your YachtPhone phone number, even if you have minutes remaining. To prevent this from occurring, please keep your YachtPhone Service active by subscribing to an automatically renewing airtime plan or by purchasing and adding more airtime cards before the Service End Date, Due Date or when no Service Days are left. Notwithstanding the Service End Date, Due Date or Service Days left, as may be displayed on your YachtPhone, Yachtphone, LLC reserves the right to discontinue service and deactivate any YachtPhone handset for which there is no voice, text or Data Services usage for a period of twelve (12) consecutive months. If your Service is deactivated, your YachtPhone can be reactivated by purchasing airtime and text messages. However, once reactivated, your YachtPhone may be assigned a new phone number.
7. AIRTIME USAGE
Airtime minutes will be deducted for all time during which your YachtPhone is connected to, or using, the wireless system of any Carrier. Use of a wireless system typically begins when you press the "send", "call" or other button to initiate or answer a call and does not end until you press the "end" button or the call is otherwise terminated. Airtime minutes are deducted for all incoming and outgoing calls, including calls to toll free
numbers, simultaneous calls (airtime minutes will be deducted for each call separately) and calls to access your voice mail. Airtime minutes are not deducted for calls to 911. For outbound calls, you may be charged airtime for incomplete and/or busy no answer calls. Airtime minutes are deducted in full unit increments; partial minutes are rounded up to the next minute. Airtime minutes are deducted for all text messages which are sent from your YachtPhone. No credit is given for dropped calls.
All online transactions at Yachtphone.net are handled with industry-standard 128-bit SSL encryption. When you enter your credit card number into the order form, it is transmitted across the Internet in an encrypted (scrambled) form, then decoded when it gets to us. When your charge appears on your credit card statement, it will appear as a charge from YachtPhone, LLC.
9. EMERGENCY CALLS
Emergency E911 services are provided by wireless telecommunications networks owned and operated by various licensed commercial mobile radio service providers ("Carriers"), not Yachtphone, LLC. If you are in an area where your YachtPhone is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely on your YachtPhone in an emergency situation. In an emergency, locate the nearest landline phone and call for help.
10. UNAUTHORIZED USAGE; TAMPERING
The YachtPhone Service is sold exclusively for use by you, the end consumer, with the YachtPhone wireless Service available solely in the United States. You may use your YachtPhone handset with other wireless services, through SIM cards provided by service providers other than Yachtphone, LLC which you obtain on your own and separately from Yachtphone, LLC. You agree not resell, attempt to export, either the YachtPhone handset or Service, engage in any other unauthorized or illegal use of your YachtPhone or the Service, or assist others in such acts. These acts violate YachtPhone’s rights and state and federal laws. Improper, illegal or unauthorized use of your YachtPhone is a violation of this agreement and may result in immediate discontinuation of Service and legal action. Yachtphone, LLC will prosecute violators to the full extent of the law. You agree that any violation of this agreement through your improper, illegal or unauthorized use or sale of your YachtPhone shall entitle Yachtphone, LLC to recover liquidated damages from you in an amount not less than $5,000 per YachtPhone handset purchased, sold, acquired or used in violation of this agreement.
Your YachtPhone has a SIM card. You agree to safeguard your SIM card and not to allow any unauthorized person to use your SIM card. You agree not to, and not to allow any other person to, directly or indirectly extract, alter, bypass, copy, deactivate, remove, reverse engineer or otherwise circumvent, clone or reproduce the encoded information stored on, or the encryption mechanisms, of your SIM card or YachtPhone handset via any software and/or hardware methods. Customers may not use YachtPhone SIM Cards in any other phone. Doing so could subject You to immediate termination of service without any right to a refund for the phone or airtime purchased. The Carriers, Yachtphone, LLC, or its service providers, may, from time to time, remotely update or change the encoded information on your SIM card. Your YachtPhone is restricted from operating when you are located anywhere outside of the United States and its near shore waterways. Any such usage is considered unauthorized usage by Yachtphone for which your Service will be immediately suspended. In the event of suspension for this or any other unauthorized usage, you will not be entitled to receive any refunds for your handset or unused airtime.
11. COVERAGE AREA
Our Coverage is defined on our website at www.yachtphone.net. However, Yachtphone does not guarantee coverage, service availability or the rate charged for any particular call. Even within a coverage area, factors such as terrain, weather, structures, foliage, signal strength, traffic volumes, service outages, network changes, technical limitations, and your equipment may interfere with actual service, quality and availability. Thus, it is possible your phone will roam even in the area depicted as your home calling area. Actual coverage and service areas may vary from the coverage area and may change without notice.
12. LIMITATIONS OF SERVICE AND USE OF EQUIPMENT
Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical and other conditions. Further, Service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier’s radio telephone system. At any time, Yachtphone, LLC reserves the right to substitute and/or replace any Yachtphone equipment (including handsets) with other Yachtphone equipment including handsets of comparable quality. Some functions and features referenced in the Manufacturer’s manual for a particular YachtPhone handset may not be available on your YachtPhone. Yachtphone, LLC does not warrant or guarantee availability of network or of any Services at any specific time or geographic location or that the Services will be provided without interruption. Neither Yachtphone, LLC, nor any Carrier, shall have any liability for Service failures, outages or limitations of Service. Because of the risk of being struck by lightning, you should not use your YachtPhone outside during a lightning storm. You should also unplug the YachtPhone power cord and charger to avoid electrical shock and/or fire during a lightning storm.
13. PHONE FEATURES, FUNCTIONALITY AND SPECIFICATIONS
Certain mobile phone features may not be available throughout the entire network or their functionality may be limited. All plan rates, features, functionality and other product specifications are subject to change without notice or obligation. All talk and standby times quoted are approximate.
A new YachtPhone handset and accessories is covered by the handset and accessory manufacturer's limited warranty administered by Yachtphone. Your Yachtphone has a 1 year warranty from the date of receipt. If it is determined that the problem is an integral factory defect, the unit will be repaired or replaced at YachtPhone's discretion, without any fee provided customer pays for roundtrip shipping costs. See return policy for instructions on returning products. If it is not determined to be an integral factory defect, the unit will be replaced or repaired at YachtPhone's discretion for a $50 fee plus the roundtrip shipping costs providing the unit was maintained following the instructions for maintaining waterproofing and not subject to other abuse.
How to obtain Warranty Service. To obtain warranty service from Yachtphone, LLC on a new YachtPhone or accessories, please email Technical Support at
Exclusions and Conditions. This limited warranty does not cover damage or failure caused by abuse or misuse of the phone or YachtPhone accessories. Yachtphone, LLC does not provide refunds. All applicable implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, are limited to the duration of this limited warranty, unless otherwise provided by law. Your limited warranty excludes all incidental or consequential damages, unless otherwise provided by law. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to
15. DISCLAIMER OF WARRANTIES
EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A DEVICE YOU PURCHASE FROM US AND THE LIMITED WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE CANNOT PROMISE UNINTERRUPTED OR ERRORFREE SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO
INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR.
16. LIMITATION OF LIABILITY
Yachtphone, LLC will not be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and Services. Yachtphone, LLC will not be liable for any act or omission of any other company furnishing a part of our Services or any equipment or for any damages that result from any Service or equipment provided by or manufactured by third parties.
You agree to indemnify and hold harmless Yachtphone, LLC from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses, and attorneys’ fees on account thereof resulting from your use of a YachtPhone and YachtPhone Services, whether based in contract or tort (including strict liability) and regardless of the form of action.
18. BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION) EXCEPT FOR CLAIMS CONCERNING THE UNAUTHORIZED SALE, EXPORT, ALTERATION AND/OR TAMPERING OF YOUR YachtPhone, ITS SOFTWARE, THE SERVICE AND/OR PIN NUMBERS, THROUGH ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF YachtPhone, LLC’ AGREEMENT WITH YOU. This provision is intended to encompass all disputes or claims arising out of your relationship with Yachtphone, LLC, arising out of Terms and Conditions relating to the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory). Nothing contained in this arbitration provision shall preclude Yachtphone, LLC from bringing claims concerning the unauthorized sale, export, alteration, and/or tampering of your YachtPhone, its software, the Service and/or PIN numbers in state or federal court References to you and Yachtphone, LLC include our respective subsidiaries, affiliates, predecessors in interest, successors, and assigns. All claims will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to Yachtphone, LLC by contacting Customer Care to allow an opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively “AAA Rules”), as modified by this agreement. The AAA Rules are available online at www.adr.org or by calling the AAA a 18007787879. You and Yachtphone, LLC agree that use of the Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this agreement. You and Yachtphone, LLC agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If the preclusion of consolidated, class wide or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void. All fees and expenses of arbitration will be divided between you and Yachtphone, LLC in accordance with the WIA Rules, except that Yachtphone, LLC will reimburse you for the amount of the filing fee in the event you prevail in the arbitration. Each party will bear the expenses of its own counsel, experts, witnesses, and preparation and presentation of evidence. If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, you waive to the fullest extent permitted by law, (i) the right to a trial by jury and (ii) any claims for punitive or exemplary damages. Unless Yachtphone, LLC and you agree otherwise, the location of any arbitration shall be Miami, Florida. Except where prohibited by law, Yachtphone, LLC and you agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages. Neither you nor Yachtphone, LLC shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court having jurisdiction thereof.
19. GOVERNING LAW
This Agreement shall be construed under the laws of Florida, without regard to its choice of law rules, except for the arbitration provision contained in these Terms and Conditions, which will be governed by the Federal Arbitration Act. This governing law provision applies no matter where You reside, or where You use or pay for the Services.
We promise not to rent, sell, or loan any email addresses, mailing addresses, personal or financial information collected from any of our customers to any third parties. At Yachtphone.net, we only collect this personal information so we can communicate with our customers, and provide you with the highest level of service possible.