Peplink Policies

Last Updated: 1 September 2022

 

IMPORTANT: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.

 

1. Sales.
The following terms and conditions of sales (“Sales Terms and Conditions”) set forth below shall apply generally to the sales of the products of Peplink/Pepwave including hardware, software, licenses and services (hereinafter together referred to as “Products”) specified in the written confirmation and/or any related document issued by Peplink, and/or through the official online store and/or in relation to Purchase Order Form received by Peplink from you and/or in any purchase of the Product(s). By proceeding with the purchase of the Product(s), you acknowledge and confirm your agreement to these Sales Terms and Conditions.

 

2. Order Acceptance.
Any acceptance of a quotation or any placement of an Order from you relating to the sales and purchases of the Products is subject to these Sales Terms and Conditions. For avoidance of doubt, any terms and conditions provided by you that included in or referred to in any of your Purchase Order Form and/or other document, are expressly rejected by Peplink, and those terms and conditions will not be adopted, or will not bind Peplink, even if Peplink acknowledges receipt or processes such Order, or thereafter provides the Product(s) to you.

 

3. Sales Terms and Conditions.
These Sales Terms and Conditions together with the terms and conditions, agreements and policies contained at https://www.peplink.com/support/policies/, which Peplink may amend, add or remove new sections at its sole discretion anytime (hereinafter referred to as “Online T&Cs”) shall prevail at all times over any terms and conditions proposed by you through your Purchase Order Form, other document or email. Except in the event that we have entered into a value added distributor agreement, a value added reseller agreement or a separate agreement with you regarding the distribution and/or the sales of the Products, if there is any conflict or inconsistency between these Sales Terms and Conditions and those terms or conditions, the terms and conditions set forth in such agreement shall prevail unless stated otherwise.

 

4. Ordering and Payment.

 

4.1 Orders.
All Orders are subject to Peplink’s acceptance and shall be in writing, and sent through channels designated by Peplink or submitted through the official online store. Each Order must specify the type and quantity of the Products requested and state the requested delivery date. All Orders will not bind Peplink until Peplink accepts the Order in writing. Partial shipment of an Order will not constitute acceptance of the entire Order in the absence of a written confirmation of the entire Order by Peplink.

 

For the official online store, order without confirmation (i.e. payment or purchase order) within 30 days from when the order is created will be cancelled without prior notice.

 

4.2 Payment, Importation and Shipping.
All payments to Peplink should be made before the shipment via wire transfer with an additional USD/ EUR/AUD/GBP/SGD 25 or JPY2,500 bank charge included in the invoice for each wire transfer If the amount of the wire transfer is less than USD/EUR/AUD/GBP/SGD 3,000 or JPY300,000. Each party should bear the bank charge payable to its own bank.

 

For payments by credit card and Paypal, an additional charge of 4.5% will be applied if applicable.

 

All prices are exclusive of charges for freight, insurance, value-added, withholding, and other taxes and duties.

 

Import duties and local taxes are NOT included in the quoted price of goods being delivered to any locations. You will be responsible for the paying of any and all import duties and local taxes including any administration charges upon receipt.

 

You agree to indemnify and hold Peplink harmless from all taxes, assessments or other governmental impositions of any nature whatsoever which may be levied upon the sales or use of the Products.

 

In addition, Peplink does not offer drop-shipping.

 

4.3 Payment Security.
We work to protect the security of your credit card information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input and all other private information so that it would not be read as the information travels over the Internet.

 

We worked with Third-Party Service Provider(s) for processing credit card payments. We transmit the entire credit card number to the appropriate credit card company during order processing. The Third-Party Service Provider may store your credit card information. We do not store credit information other than the last four digits of your credit card number, which is only used for confirming an order. As a result, you may be required to submit credit card information with a new payment.

 

It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

 

4.4 No Cancellation or return.
As the software products, warranties and InControl services are fulfilled immediately, all sales are final with no right of cancellation or return. For sales of hardware products, we do not accept cancellation or return.

 

4.5 Rescheduling.
An Order may be rescheduled without charge provided (i) notice of the requested reschedule is received by Peplink more than thirty (30) days from the originally scheduled delivery date, and (ii) the requested delay in delivery is no more than thirty (30) days from the originally scheduled date. An Order may only be rescheduled one time unless both parties, in writing, agree for additional rescheduling.

 

Peplink reserves the right to reschedule shipment according to stock availability.

 

If you have any concerns regarding the schedule, please contact [email protected].

 

5. Delivery.

 

5.1 Delivery.
Peplink will use commercially reasonable efforts to deliver the Products at the dates specified in its written confirmation of an Order. Peplink will not be liable to you or to any other party for any delay in the delivery of the Products.

 

5.2 Product Availability.
Peplink cannot guarantee product availability and products, nonetheless, these items may not be available for immediate delivery. Peplink reserves the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, Peplink may, in its discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.

 

5.3 Risk of loss or damage.
Any software Products shall be deemed shipped and delivered upon our issuance of an email notification to you providing access details (if any) and/or confirming successful subscription(s)/ renewal(s). Any hardware Products shall be shipped EXW (Incoterm 2020) from Peplink’s warehouse and/or any other location(s) designated by Peplink. Risk of loss and damage for all Products from the point of shipment shall fall upon you, whose responsibility shall be to file any appropriate claims with the carrier regardless of the party listed as consignee.

 

All transportation charges, including insurance, shall be your sole responsibility. Peplink may prepay such charges in advance for your account, provided such charges shall be invoiced to you, unless otherwise agreed in writing between you and Peplink.

 

6. Indemnity Obligations.
You will defend, indemnify and hold Peplink, its affiliates, officers, directors, shareholders, employees and agents, harmless against any claims, actions or demands arising out of or relating to any acts or omissions of you or your agents, affiliates, or employees in connection with the sales or the use or performance of the Products, including, but not limited to (i) willful misconduct or negligence of you, (ii) violation by you of any applicable laws, (iii) any breach of Clause 10 regarding Compliance with Law and Sanction, and (iv) material breach by you of any of the terms hereof. Your obligations under this clause are contingent upon: (a) Peplink giving prompt written notice to you of any such claim, action or demand; (b) Peplink allowing you to control the defense and any related settlement of any such claim, action or demand; and (c) Peplink furnishing you with reasonable assistance in the defense of any such claim, action or demand, so long as you pay Peplink’s reasonable out-of-pocket expenses.

 

7. Limitation of Liability.
IN NO EVENT WILL PEPLINK OR ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION, LOSS OF USE, PROFITS OR GOODWILL, OR LOSS OF DATA, DATA FILES OR PROGRAMS, ARISING OUT OF OR IN CONNECTION WITH THE SALES OR THE USE OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), WILLFUL MISCONDUCT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

 

8. Force Majeure.
Except for payment obligations, neither party will be responsible to the other for any failure or delay in its performance due to acts of God or other unforeseen circumstances beyond the reasonable control of either party, provided that such party gives prompt written notice thereof to the other party and uses its diligent efforts to resume performance.

 

9. Intellectual Property Rights.

 

9.1 All intellectual property rights of Peplink including but not limited to the trademarks, service mark and logos etc. used in relation to the Products shall belong to Peplink absolutely. Nothing in these Sales Terms and Conditions shall be construed as granting, by implication or otherwise, any licence or right to you to use any intellectual property rights of Peplink without the prior written approval of Peplink or stated otherwise.

 

9.2 Peplink hereby reserves the right to vary, delete, amend or add to these Sales Terms and Conditions from time to time and such revision and/or addition shall become effective when published under the Online T&Cs, or displayed or notified you in any manner as Peplink thinks fit, irrespective of whether you has actual notice or knowledge thereof.

 

10. Compliance with Law and Sanction.

 

10.1 You warrant that you are not now and have never been listed or named as, nor has it ever acted directly or indirectly for or on behalf of any person, group or entity or nation named in any sanction list maintained by the United States, the European Union, the United Nations and Australia as a terrorist, a sanctioned, banned or blocked person, entity, nation, or transaction.

 

10.2 You shall not transfer the Products to sanctioned countries, sanctioned persons and anyone on a list of prohibited persons. No person or entity may transfer Peplink/Pepwave products to sanctioned countries, sanctioned persons and anyone on a list of prohibited persons, including but not limited to:

 

http://www.tid.gov.hk/english/import_export/uns/uns_countrylist.html
https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/consolidated.aspx
https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx
https://www.treasury.gov/ofac/downloads/ctrylst.txt
http://eeas.europa.eu/cfsp/sanctions/consol-list/index_en.htm
http://ec.europa.eu/external_relations/cfsp/sanctions/list/version4/global/global.xml
http://dfat.gov.au/international-relations/security/sanctions/pages/consolidated-list.aspx#list

 

10.3 The Products are not used for any military applications, chemical or biological weapons, and sensitive nuclear end-uses, or missiles to deliver them.

 

11. Cookie Policy.
For the official online store, cookies are unique identifiers that we transfer to your device to enable our systems to recognize your login and preferred settings such as user profile for repeat orders and storage of items in your Shopping Cart between visits. Our purpose of collecting the data is to identify people flows around our store to maximize the efficiency of our store design.

 

The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you choose to block these cookies, our website may not work as it should and any preferences you have may be lost.

 

12. Typographical Errors and other.

 

12.1 Typographical Errors.

Peplink strives to make every piece of information as accurate as we could. In the event a product is listed or written at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price whether or not the order has been confirmed and your payment has been submitted or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge. If you have submitted payment and your order is canceled, Peplink will return such payment to you.

 

12.2 Clause headings.
Clause headings are inserted for convenience only and shall not affect the construction of these Sales Terms and Conditions.

To better serve Peplink users, customer support responsibilities are divided into tiers (tiers1&2). The table below describes the technical support responsibilities of Peplink Partners (VAD/VAR), which is intended for use in support of Peplink customer support services.

 

Support Service provided by Peplink is only valid for customers who have purchased our software or hardware directly from Peplink Pepwave Limited (“Peplink”). If you did not purchase from Peplink, please contact your authorized reseller for assistance.

 

Peplink’s Support Service includes providing technical assistance to diagnose and identify software and hardware not performing to documented specifications, and general assistance regarding use and implementation on a limited basis. Peplink’s Support Service only provides assistance to inquiries of network setting or configuration related to our software and hardware, and it does not include step-by-step installation or configuration of software and hardware.

 

Support Services are available with unlimited Support Ticket / Email Support (8×5).

 

Below are Support Service policies that you may need to know before contacting Peplink Support Team:

 

• Valid service period is twelve (12) months, starting from the time of shipment of hardware or software.
• Peplink’s Support Service would only be provided for customers purchased directly from Peplink.

 

You should provide valid information to our support team, including: inquiry details or issues experienced, current firmware version, contact details, model number and serial number of the hardware or software. Please remember to include a diagnostic report, exported by following these instructions, along with your inquiry to save time for troubleshooting.

Last Updated: 29th March 2023

 

Peplink warrants solely to the original end-user purchaser (“Purchaser”) that hardware (“Hardware”) purchased from Peplink or our Authorized Partners will be free from defects in materials and workmanship when used within the limits set forth in Peplink’s published guidelines for a period of twelve (12) months, starting from the time of shipment of the Hardware to the Purchaser, or the date when the Hardware was purchased according to sales registration, whichever is later (“Warranty Period”). Peplink’s published guidelines include but are not limited to information contained in technical specifications, data sheets, and user manuals.This warranty is hereafter referred to as “Peplink’s Limited Warranty”.

 

ALL SOFTWARE PROVIDED BY PEPLINK (“SOFTWARE”) WITH OR WITHOUT THE HARDWARE, WHETHER FACTORY LOADED ON THE HARDWARE, CONTAINED ON MEDIA ACCOMPANYING THE HARDWARE OR DOWNLOADED FROM OUR WEBSITE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

 

Peplink’s Limited Warranty is non-transferable and extends only to the original end-user purchaser who acquired the Hardware from an Authorized Partner who has the right to sell in the end-user’s territory. Peplink explicitly disclaims any warranty obligations for Hardware that is sold outside of the assigned territory of an Authorized Partner. 

 

Your exclusive remedy and Peplink’ entire liability under Peplink’s Limited Warranty will be for Peplink, at its option, to replace the Hardware with a reasonably available equivalent new or refurbished Peplink Hardware. Any replacement Hardware will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever is longer. All Hardware and parts that are replaced become the property of Peplink.

 

Exclusion and Limitations

 

Peplink’s Limited Warranty does not apply if: (a) the Hardware assembly seal has been removed or damaged, (b) the Hardware has been altered or modified, except by Peplink, (c) the Hardware damage was caused by use with non Peplink Hardware, (d) the Hardware has not been installed, operated, or maintained in accordance with instructions supplied by Peplink, (e) the Hardware has been subjected to abnormal physical or electrical stress, abuse, misuse, negligence, or accident, (f) the serial number on the Hardware has been altered, defaced, or removed, (g) the Hardware damage was caused by lightning, power surges or wrong voltage usage, or (h) the Hardware is supplied or licensed for beta, evaluation, promotional, testing or demonstration purposes for which Peplink does not charge a purchase price or fee.

 

Without limiting the foregoing, Peplink does not warrant that the operation of the Hardware or Software will be uninterrupted or error free. Also, due to the continual development of new techniques for intruding upon and attacking networks, Peplink does not warrant that the Hardware, Software or any equipment, system or network on which the Hardware or Software is used will be free of vulnerability to intrusion or attack. The Hardware and Software may include or be bundled with third party software or service offerings. This limited warranty shall not apply to such third party software or service offerings. This limited warranty does not guarantee any continued availability of a third party’s service for which the Hardware or Software may require.

Disclaimer

 

TO THE EXTENT NOT PROHIBITED BY LAW, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE WARRANTY PERIOD. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED.

 

The above disclaimer may not apply to you as some jurisdictions do not allow limitations on how long an implied warranty lasts. Peplink’s Limited Warranty gives you specific legal rights, and you may also have other legal rights that vary by jurisdiction.

 

Extended Warranty

 

Peplink offers warranty plans (known as “Care Plans”) that extend beyond the standard Peplink’s Limited Warranty: https://www.peplink.com/care-plans/.

 

These Care Plans are the only extended warranty offered by Peplink. No third-party, including any Authorized Partners, is permitted to make any modification, extension, or addition to Peplink’s Limited Warranty, or to provide any other form of extended warranty over the Hardware or Software on Peplink’s behalf. PEPLINK ASSUMES NO RESPONSIBILITY FOR ANY SUCH THIRD-PARTY WARRANTY. Such warranty may not provide sufficient coverage for the Hardware or Software purchased and may not be equipped with the support service, knowledge and tools needed to troubleshoot and/or remediate. Purchasers therefore are advised strongly not to purchase any purported extended warranty over the Hardware or Software other than the Care Plans.

 

Intellectual Property Indemnity

 

(a) Subject to the section of Limitation of Liability contained hereunder, Peplink will defend, indemnify and hold Purchaser harmless against any third party claims, actions or demands arising out of or relating to any alleged infringement of any United States’, European Union’s,  other countries’ or regions’ patent, copyright, trademark or other intellectual property right, or misappropriated trade secrets  incorporated in the Hardware or Software. Subject to the section of Limitation of Liability contained hereunder, Peplink will pay any reasonable costs, damages and attorneys’ fees incurred and attributable to such claims that are awarded against Purchaser in such action. Peplink’s obligations under this subsection (a) are contingent upon: (i) Purchaser giving prompt written notice to Peplink of any such claim; (ii) Purchaser allowing Peplink to control the defense and any related settlement of any such claim; and (iii) Purchaser furnishing Peplink with all reasonable assistance in the defense of any such claim, so long as Peplink pays Purchaser’s reasonable out-of-pocket expenses.

 

(b) If Purchaser’s use of any of the Hardware or Software is, or in Peplink’s opinion is likely to be, enjoined due to the type of claim specified in subsection (a) above, then Peplink will, subject to the section of Limitation of Liability contained hereunder, at its sole option and expenses: (i) procure for Purchaser the right to continue using such Hardware or Software under the terms of this Agreement; (ii) replace or modify such Hardware and Software so that they are non-infringing and substantially equivalent in function to the enjoined Hardware or Software; or (iii) if options (i) and (ii) above cannot be accomplished despite Peplink’s reasonable efforts, then Peplink may terminate Purchaser’s rights and Peplink’s obligations hereunder with respect to such Hardware and Software on written notice and refund to Purchaser the unamortized portion of the amounts paid by Purchaser hereunder, with depreciation on a time-apportionment basis commencing as of the date of receipt by Purchaser of such Hardware and Software.      

 

(c) Peplink and its affiliates will have no obligation under subsection (a) or (b) for any claim of infringement or misappropriation resulting from: (i) combination or use of the Hardware or Software with equipment, products, or processes not furnished by Peplink (except to the extent that such combination or use is inherent or required in order to use the Hardware or Software for their intended purpose, such as use of the Hardware or Software in conjunction with a power supply or antenna); (ii) modifications to the Hardware and Software not made by Peplink; (iii) failure of Purchaser to use updated or modified Products provided by Peplink to avoid a claim of infringement or misappropriation; (iv) any suit or allegation initiated by Purchaser (by way of example, a counterclaim), or (v) compliance with either essential or optional portions of ITU, IEEE, ETSI, 3GPP,  or any other published standards relating to 3G, 4G, LTE, 5G, WiFi (802.11[x]), Bluetooth (802.15.1), LPWA (LTE-M, NBIoT and EC-GSM-IoT), GNSS or GPS.

 

(d) THE PROVISIONS OF THIS SECTION SET FORTH PEPLINK’S SOLE AND EXCLUSIVE OBLIGATIONS, AND SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF ANY KIND.

 

LIMITATION OF LIABILITY

 

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL PEPLINK BE LIABLE FOR ANY LOST DATA, REVENUE OR PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE HARDWARE AND/OR SOFTWARE, EVEN IF PEPLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PEPLINK’ LIABILITY EXCEED THE LESSER OF (1) ONE MILLION US DOLLAR OR THE AMOUNT PAID BY YOU FOR THE HARDWARE AND/OR SOFTWARE DURING THE IMMEDIATE PRECEDING TWELVE (12) MONTHS GIVING RISE TO THE LIABILITY.

 

The foregoing limitations will apply even if any warranty or remedy provided under this limited warranty fails of its essential purpose. The above limitation or exclusion may not apply to you as some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages.

Peplink’s RMA service is only valid for customers who have purchased hardware directly from Peplink. If you did not purchase from Peplink, please contact your hardware provider for assistance and they will be able to arrange a replacement unit for you.

 

Under Standard Hardware/Software Warranty Policy, Peplink will replace your defective hardware. Below are RMA policies that you may need to know before contacting our support team:

 

• All exclusions and limitations of warranty service apply. Please read the “Standard Hardware/Software Warranty Policy” section for information.
• Valid service period is twelve (12) months, starting from the time of shipment of hardware, or the date the Hardware was purchased according to sales registration, whichever is later.
• You should be the original owner of the defective hardware.
• Peplink RMA service would only be provided for customers purchased directly from Peplink.
• You should provide valid information to our support team, including: issues experienced, current firmware version, contact details, model number and serial number of the defective hardware. Please remember to include a Diagnostic Report, exported by following the instructions, along with your request to save time for troubleshooting.

 

Standard RMA

 

The RMA process is as follows. Failure to follow this procedure may result in additional charges and delays:

 

• Contact Peplink support team by writing to and describe experienced issues. Please provide enough details for investigation.
• You should request a RMA number issued by the Peplink support team with a RMA center address. Peplink will not accept RMA request without a confirmed RMA number.
• Customers should ship the hardware back within fourteen (14) calendar days after the RMA request confirmation. RMA authorization is revoked after such grace period.
• Customer should bear all costs of shipping the defective hardware to Peplink RMA Center, while Peplink will be responsible for the costs of sending the replacement hardware back to customer.
• The authorized RMA number should be written clearly on the returning package.
• Customers should ship the whole package, including all accessories that came with the hardware, back to Peplink RMA center.
• Customer is responsible for proper packaging. Any parts or items damaged by insufficient or inaccurate packaging will void the warranty.
• All personal configurations may be restored to factory default during the refurbishment process, and Peplink disclaims all responsibility and liability for the configurations of the hardware.
• If the hardware contains defective accessories, please notify Peplink support team about the problems experienced. It may help to save the shipping cost if it is the case of accessories issues.

 

Defective On Arrival (DOA) or Advance Hardware Replacement

 

In the case of DOA or with Advance Hardware Replacement service, a replacement unit may be sent out by Peplink before the customer returns the defective hardware. All the policies of warranty, exclusions, and limitations apply in this case.

Advance Hardware Replacement for a defective hardware will be provided in the event that:

• Peplink hardware is found to be DOA.
• A customer has purchased EssentialCare+/PrimeCare+ for that hardware.

Defective On Arrival, DOA, means a hardware is found to be defective that it cannot function properly within the first fourteen (14) calendar days of receipt. In this case, it is Peplink’s responsibility to replace a functional hardware to the customer.

Advance Hardware Replacement is a service included in EssentialCare+/PrimeCare+.

Below is information which customer may need to know before requesting DOA or Advance Hardware Replacement service:

• Customers should inform Peplink Customer Support about issues experienced when request replacement service, with their contact information and serial numbers of the defective hardware.
• Peplink Support Team will provide a DOA/RMA number and RMA center address for customer to ship back the defective hardware.
• In the case of DOA, Peplink will be responsible for the shipping costs both ways. Shipping method will be provided for customer to send in the defective hardware. Return shipping will be also handled by Peplink.
• In the event of Advance Hardware Replacement, customer should bear all costs of shipping the defective hardware to Peplink RMA Center. Peplink will be responsible for the return shipping only.
• Customers should ship the whole package, including all accessories which are originally packed with the hardware, back to Peplink’s RMA center.
• Customers should send back the defective hardware within fourteen (14) calendar days of receipt of the replacement hardware, or Peplink reserves the right to invoice customers at list price of that replacement hardware.

 

Please contact Customer Service of your Peplink hardware provider for assistance on RMA / DOA / Advance Hardware Replacement arrangements.

Two options of EssentialCare are available:

 

• EssentialCare 1-Year
• EssentialCare 2-Year

All policies listed on this page under Support Service, Limited Warranty, Firmware Upgrade, and RMA apply to Peplink hardware with EssentialCare purchased.

 

EssentialCare 1-Year/2-Year

 

EssentialCare 1-Year/2-Year option is based on the standard policies as listed above with the following amendments. Its valid service period is 12/24 months, starting from the date after the original warranty or EssentialCare expiry date.

 

• Technical Support via Support Ticket (8×5)
• Firmware Upgrades
• InControl 2 Cloud Management
• Hardware Warranty (if applicable)
• SpeedFusion Connect & InTouch (Each model comes with a different SpeedFusion Connect package)
• Valid for 1/2 Years

 

A Diagnostic Report is required to validate warranty if the Peplink hardware is already out of warranty at the time of purchasing EssentialCare. More information on how to export a Diagnostic Report can be found at this link (instructions).

 

Three options of EssentialCare+ are available:

 

• EssentialCare+ 1-Year
• EssentialCare+ 2-Year
• EssentialCare+ 4-Year

All policies listed on this page under Support Service, Limited Warranty, Firmware Upgrade, and AHR RMA apply to Peplink hardware with EssentialCare+ purchased.

 

EssentialCare+ 1-Year/2-Year/4-Year

 

EssentialCare+ 1-Year/2-Year/4-Year option is based on the standard policies as listed above with the following amendments. Its valid service period is 12/24/48 months, starting from the date after the original warranty or EssentialCare+ expiry date.

 

• Technical Support via Support Ticket (24×7)
• Firmware Upgrades
• InControl 2 Cloud Management
• Hardware Warranty (if applicable)
• SpeedFusion Connect & InTouch (Each model comes with a different SpeedFusion Connect package)
• Valid for 1/2/4 Years

A Diagnostic Report is required to validate warranty if the Peplink hardware is already out of warranty at the time of purchasing EssentialCare+. More information on how to export a Diagnostic Report can be found at this link (instructions).

PrimeCare is a subscription service that is available for selected devices. These devices will have specific models with SKU numbers ending with -PRM to indicate compatibility with PrimeCare.

 

• PrimeCare will include IC2, warranty with standard RMA, FusionHub license, SpeedFusion license, and SpeedFusion Connect Usage. These features are not available as a separate purchase for PrimeCare devices.
• PrimeCare is included in the first year, with the ability to continue afterwards via paid subscription.
• If PrimeCare is not subscribed, the PrimeCare device will continue to work, minus the InControl 2 access, FusionHub functionality, standard RMA, and PrimeCare software licenses.

 

Please refer to this link for PrimeCare Terms and Conditions.

PrimeCare+ is a subscription service that is available for selected devices. These devices will have specific models with SKU numbers ending with -PRM to indicate compatibility with PrimeCare+.

 

• PrimeCare+ will include IC2, Advance Hardware Replacement RMA, FusionHub license, SpeedFusion license, and SpeedFusion Connect Usage. These features are not available as a separate purchase for PrimeCare+ devices.
• PrimeCare+ is included in the first year, with the ability to continue afterwards via paid subscription.
• If PrimeCare+ is not subscribed, the PrimeCare+ device will continue to work, minus the InControl 2 access, FusionHub functionality, Advance Hardware Replacement RMA, and PrimeCare+ software licenses.

 

Please refer to this link for PrimeCare+ Terms and Conditions.

Last Updated: 9th January 2023

 

Beyond the one-year standard warranty, Peplink provides a 30-day grace period (“Grace Period”) for Peplink’s Care Plan renewal. During the “Grace Period”, you are eligible to purchase a new Care Plan for the expired device from the Peplink eStore or via a Peplink Certified Partner.

 

Within Warranty:

• • During the warranty coverage period, you can purchase the new Care Plan for the hardware from the Peplink eStore or via a Peplink Certified Partner. The new Care Plan will begin from the end date of the original coverage.
  • No diagnostic report is needed for verification.

Within 30-day Grace Period:

• • Upon warranty expiration, a “Grace Period” of 30 days will be granted. During the “Grace Period”, you can purchase the new Care Plan from the Peplink eStore or via a Peplink Certified Partner. The new Care Plan will begin from the end date of the original coverage. 
  • No diagnostic report is needed for verification.

Over 30-day Grace Period:

• • After the 31st day from the Care Plan expiry date, a diagnostic report is required to be submitted (to the Ticket System) and verified by Peplink.
  • Subject to the result of the diagnostic report being verified by Peplink, you will be entitled to purchase the new Care Plan from the Peplink eStore or via a Peplink Certified Partner.
  • The new Care Plan coverage begins on the date of the new Care Plan purchase.

Please refer to this link for more information about the renewal policy.

Peplink provides an optional shipping insurance for hardware purchased over Peplink Online Store. The optional insurance will insure the shipping of the purchase from our office to the final destination. The shipping insurance will cover 100% of the value of the goods in case of loss by the delivery company.

• The insured amount is the total value of the hardware of the order excluding the shipping and insurance fees.
• The insurance rate is charged at 2% of the total value of the goods.
• For items under RMA, the insurance does not cover damages.
• The insurance does not cover: missing accessories, mishandling nor proper functioning of the items. Read more on our RMA policy.
• To get protected under this insurance plan, it is required to inform us within 15 days after the goods are unloaded from the vessel or the aircraft with details of the damage or loss.

If it is suspected that the package has been lost during the shipment and the shipping insurance has been purchased, please contact us at https://www.peplink.com/contact/ and provide us with the order information.

 

This insurance does not cover:
1. loss, damage or expense attributable to your wilful misconduct
2. ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
3. loss, damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (‘packing’ here shall be
deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by you
or their servants)
4. loss, damage or expense caused by inherent vice or nature of the subject-matter insured
5. loss, damage or expense proximately caused by delay, even though the delay be caused by a risk insured against
6. loss, damage or expense arising from insolvency or financial default of the owners, managers, charters or operators of the craft or land
conveyance
7. deliberate damage to or deliberate destruction of the subject-matter insured or any part thereof by the wrongful act of any person or persons
8. loss, damage or expense arising from
a. unseaworthiness of craft or land conveyance
b. unfitness of craft, land conveyance, container or liftvan where the assured or their servants are privy to such unseaworthiness or unfitness
at the time the subject-matter insured is loaded therein.
9. loss, damage or expense caused by war, civil war, revolution, rebellion, insurrection, capture, seizure, arrest, restraint, detainment or derelict
weapons of war
10. loss, damage or expense resulting from strikes, lock-outs, labour disturbances, riots or civil commotions

Peplink | Pepwave | Pepxim

Legal Notices:
©2009-2020 Peplink Pepwave Limited. PEPLINK, PEPWAVE, PEPXIM, Peplink logo, Pepwave logo and Pepxim logo are trademarks or registered trademarks of Peplink Pepwave Limited. All other brands or products mentioned may be trademarks or registered trademarks of their respective owners.

This document does not create any express or implied warranty about Peplink or about its products or services. Peplink’s sole warranty is contained in its product warranty. Peplink has made reasonable efforts to verify that the information contained herein is accurate, but Peplink assumes no responsibility for its use or any infringement of patents or other rights of third parties that may result. The customer is solely responsible for verifying the suitability of Peplink’s products for its use.

Specifications are subject to change without prior notice. Please visit our website for accurate and update specifications.

 

Peplink End User License Agreement

 

READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE DOWNLOADING, INSTALLING, OR USING THE SOFTWARE. BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE OR OTHERWISE EXPRESSING YOUR AGREEMENT TO THE TERMS CONTAINED HEREIN, YOU (AS CUSTOMER OR IF YOU ARE NOT THE CUSTOMER, AS A REPRESENTATIVE/AGENT AUTHORIZED TO BIND THE CUSTOMER) CONSENT TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT OR CANNOT AGREE TO THE TERMS CONTAINED HEREIN, THEN (A) DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE, AND (B) YOU MAY CONTACT PEPLINK PEPWAVE LIMITED. REGARDING LICENSE TERMS.

 

1. DEFINITIONS – The parties to this Agreement are Peplink Pepwave Limited and its affiliates (collectively “Peplink”), and the person or organization that originally purchased from Peplink or an authorized Peplink reseller the applicable license(s) for use of the Software (“Customer”) (collectively, the “Parties”). In this Agreement, “Software” means the program modules and features of the Peplink or Peplink-supplied software, and updates and releases of such software, for which Customer has paid the applicable license or support fees to Peplink or an authorized Peplink reseller. “Embedded Software” means Software which Peplink has embedded in the Peplink device.
2. GRANT OF LICENSE – Subject to payment of the applicable fees and the limitations and restrictions set forth herein, Peplink grants to Customer a non-exclusive and non-transferable license, without right to sublicense, to use the Software, in executable form only, subject to the following use restrictions:
   • a) Customer shall use the Embedded Software solely as embedded in, and for execution on, Peplink equipment originally purchased by Customer from Peplink or an authorized Peplink reseller.
   • b) Customer shall use the Software on a single hardware chassis having a single processing unit.
   • c) Product purchase documents, paper or electronic user documentation, and/or the particular licenses purchased by Customer may specify limits to Customer’s use of the Software. Such limits may restrict use to a maximum number of concurrent users, sessions, calls, connections, subscribers, clusters, nodes, realms, devices, links, ports or transactions, or require the purchase of separate licenses to use particular features, functionalities, services, applications, operations, or capabilities, or provide throughput, performance, configuration, bandwidth, interface, processing, temporal, or geographical limits. In addition, such limits may restrict the use of the Software to managing certain kinds of networks or require the Software to be used only in conjunction with other specific Software. Customer’s use of the Software shall be subject to all such limitations and purchase of all applicable licenses.
3. RESTRICTIONS & LIMITATIONS – Notwithstanding the foregoing, the license provided herein does not permit the Customer to, and Customer agrees not to and shall not: (a) modify, unbundle, reverse engineer, or create derivative works based on the Software; (b) make unauthorized copies of the Software (except as necessary for backup purposes); (c) rent, sell, assign, transfer, or grant any rights in and to any copy of the Software, in any form, to any third party; (d) remove any proprietary notices, labels, or marks on or in any copy of the Software or any product in which the Software is embedded; (e) distribute any copy of the Software to any third party, including as may be embedded in Peplink equipment sold in the secondhand market; (f) use any ‘locked’ or key-restricted feature, function, service, application, operation, or capability without first purchasing the applicable license(s) and obtaining a valid key from Peplink, even if such feature, function, service, application, operation, or capability is enabled without a key; (g) distribute any key for the Software provided by Peplink to any third party; (h) use the Software in any manner that extends or is broader than the uses purchased by Customer from Peplink or an authorized Peplink reseller; (i) use the Embedded Software on non-Peplink equipment; (j) use the Software (or make it available for use) on Peplink equipment that the Customer did not originally purchase from Peplink or an authorized Peplink reseller; (k) disclose the results of testing or benchmarking of the Software to any third party without the prior written consent of Peplink; or (l) use the Software in any manner other than as expressly provided herein.
4. AUDIT – Customer shall maintain accurate records as necessary to verify compliance with this Agreement. Upon request by Peplink, Customer shall furnish such records to Peplink and certify its compliance with this Agreement.
5. CONFIDENTIALITY – The Parties agree that aspects of the Software and associated documentation are the confidential property of Peplink. As such, Customer shall exercise all reasonable commercial efforts to maintain the Software and associated documentation in confidence, which at a minimum includes restricting access to the Software to Customer employees and contractors having a need to use the Software for Customer’s internal business purposes.
6. OWNERSHIP – Peplink and Peplink’s licensors, respectively, retain ownership of all right, title, and interest (including copyright) in and to the Software, associated documentation, and all copies of the Software. Nothing in this Agreement constitutes a transfer or conveyance of any right, title, or interest in the Software or associated documentation, or a sale of the Software, associated documentation, or copies of the Software.
7. LIMITED WARRANTY – The warranty applicable to the Software shall be as set forth in the warranty statement that accompanies the Software (the “Warranty Statement”). Nothing in this Agreement shall give rise to any obligation to support the Software. Support services may be purchased separately. Any such support shall be governed by a separate, written support services agreement.
8. NO OTHER WARRANTIES – PEPLINK HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU, IN WHICH CASE THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO THIRTY (30) DAYS FROM YOUR DATE OF PURCHASE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER LEGAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
9. LIMITATION OF LIABILITY – TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEPLINK SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, OR COSTS OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, OR ANY PEPLINK OR PEPLINK-SUPPLIED SOFTWARE. IN NO EVENT SHALL PEPLINK BE LIABLE FOR DAMAGES ARISING FROM UNAUTHORIZED OR IMPROPER USE OF ANY PEPLINK OR PEPLINK-SUPPLIED SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED IN THE WARRANTY STATEMENT TO THE EXTENT PERMITTED BY LAW, PEPLINK DISCLAIMS ANY AND ALL WARRANTIES IN AND TO THE SOFTWARE (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN NO EVENT DOES PEPLINK WARRANT THAT THE SOFTWARE, OR ANY EQUIPMENT OR NETWORK RUNNING THE SOFTWARE, WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK. In no event shall Peplink’s or its suppliers’ or licensors’ liability to Customer, whether in contract, tort (including negligence), breach of warranty, or otherwise, exceed the price paid by Customer for the Software that gave rise to the claim, or if the Software is embedded in another Peplink product, the price paid by Customer for such other product. Customer acknowledges and agrees that Peplink has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the Parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the Parties.
10. TERMINATION – Any breach of this Agreement or failure by Customer to pay any applicable fees due shall result in automatic termination of the license granted herein. Upon such termination, Customer shall destroy or return to Peplink all copies of the Software and related documentation in Customer’s possession or control.
11. TAXES – All license fees for the Software are exclusive of taxes, withholdings, duties, or levies (collectively “Taxes”). Customer shall be responsible for paying Taxes arising from the purchase of the license, or importation or use of the Software.
12. CRITICAL APPLICATIONS – The Software is not designed for, and shall not be used in, life support systems, critical care applications, human implantations, commercial aviation, nuclear facilities, on-line control equipment in hazardous environments requiring fail-safe performance, or systems or any other applications where product failure could directly lead to physical injury to persons or loss of life or catastrophic property damage (“Critical Applications”). Peplink disclaims any and all liability for use of the Software in Critical Applications, and you agree to fully indemnify, defend and hold harmless Peplink and its suppliers from and against (i) any and all claims, demands, actions, litigation, proceedings and the like arising out of or related to use or sale of such Critical Applications (“Use Claims”), and (ii) any and all liens, liabilities, damages, costs, expenses (including reasonable attorney’s fees) and the like arising out of or related to any Use Claims.
13. EXPORT CONTROL – Customer agrees to comply with all applicable export laws and restrictions and regulations of any United States and any applicable foreign agency or authority, and not to export or re-export the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. Customer shall be liable for any such violations. The version of the Software supplied to Customer may contain encryption or other capabilities restricting Customer’s ability to export the Software without an export license.
14. GOVERNMENT END USERS – GOVERNMENT END USERS – The Software is “commercial computer software” and is provided with restricted rights. Use, duplication, or disclosure by the United States government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7201 through 227.7202-4, FAR 12.212, FAR 27.405(b)(2), FAR 52.227-19, or FAR 52.227-14(ALT III) as applicable. Peplink reserves all rights not expressly granted herein.
15. THIRD PARTY SOFTWARE – Any licensor of Peplink whose software is embedded in the Software and any supplier of Peplink whose products or technology are embedded in (or services are accessed by) the Software shall be a third party beneficiary with respect to this Agreement, and such licensor or vendor shall have the right to enforce this Agreement in its own name as if it were Peplink. In addition, certain third party software may be provided with the Software and is subject to the accompanying license(s), if any, of its respective owner(s). To the extent portions of the Software are distributed under and subject to open source licenses obligating Peplink to make the source code for such portions publicly available (such as the GNU General Public License (“GPL”) or the GNU Library General Public License (“LGPL”)), Peplink will make such source code portions (including Peplink modifications, as appropriate) available upon request for a period of up to three years from the date of distribution. Such request can be made in writing to Peplink Pepwave Limited. You may obtain a copy of the GPL at: http://www.gnu.org/licenses/gpl.html, and a copy of the LGPL at http://www.gnu.org/licenses/lgpl.html.
16. GOVERNING LAW – This License shall be governed by and construed in accordance with the laws of the laws of Singapore without reference to its choice of law provisions. The provisions of the U.N. Convention for the International Sale of Goods shall not apply to this Agreement. For any disputes arising under this Agreement, the Parties hereby consent to the personal and exclusive jurisdiction of, and venue in, the courts within Singapore. This Agreement constitutes the entire and sole agreement between Peplink and the Customer with respect to the Software, and supersedes all prior and contemporaneous agreements relating to the Software, whether oral or written (including any inconsistent terms contained in a purchase order), except that the terms of a separate written agreement executed by an authorized Peplink representative and Customer shall govern to the extent such terms are inconsistent or conflict with terms contained herein. No modification to this Agreement nor any waiver of any rights hereunder shall be effective unless expressly assented to in writing by the party to be charged. If any portion of this Agreement is held invalid, the Parties agree that such invalidity shall not affect the validity of the remainder of this Agreement. This Agreement and associated documentation has been written in the English language, and the Parties agree that the English version will govern.

Last updated: 21 November 2023

 

1. 1. Preliminaries. In addition to our General Terms and Conditions of Sales, all subscriptions to or renewal of our SpeedFusion Connect (“SFC”) Usage Plan¹ and Peplink eSIM Data Plans (each a “Plan”),² and access to related services (through Peplink Care Plan or otherwise) are also subject to this Terms and Conditions. 

1.1 This Terms and Conditions takes effect as an agreement between us, Peplink Pepwave Limited and its affiliates (also referred to as “Peplink”, “we”, “us” or “our”) and you or the entity you represent (“user”, “you” or “your”) when you purchase, subscribe or renew any of the SFC Usage Plan or Peplink eSIM Data Plans.

1.2 By entering into this agreement, you represent to us that you are lawfully able to enter into contracts. If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.

1.3 If there is any conflict or inconsistency between these terms and conditions and those in the General Terms and Conditions of Sales, the terms and conditions set forth herein shall prevail unless stated otherwise.

 

1. 2. Data Traffic and Validity Period. Subject to the terms and conditions set out herein, we shall provide you with such usage or data traffic allowance during a validity period in accordance with your selected Plan. Any usage or data traffic allowance under the Plan or a Care Plan is hereinafter referred to as “Allowance”. 

2.1 Subject to Section 2.2, all SFC Usage Plan or eSIM Data Plans take effect immediately upon your purchase and our issuance of an email notification to you confirming successful subscription/renewal or providing access details (if any). The validity period starts from the date of our email notification.³ 

2.2 Where any Allowance is included in your purchase of Peplink Care Plan, this Allowance will automatically begin and end in accordance with your Care Plan coverage.²

2.3 If the user fails to use any Allowance within the validity period of  a Plan or a Care Plan, or if the Plan or Care Plan is terminated for any reason, any remaining Allowance from an expired/terminated plan shall terminate with immediate effect and will not be carried forward or otherwise transferred. The user shall not be entitled to any form of refund.

 

_{1 Previously, “SpeedFusion Connect Protect” or “SpeedFusion Cloud”.}

_{2 Previously, “SpeedFusion Connect 5G/LTE”.}

_{3 You may also check the validity period (or the end date of the validity period) of your Plan or Care Plan by logging in to our SpeedFusion Connect Portal at sfc.peplink.com or our SpeedFusion Connect App. Alternatively, please contact our support staff at https://ticket.peplink.com for information.}

 

1. 3. Specified (Number of) Devices and Settings. The Allowance and related services you subscribed to may only be available on devices (and on such number of device(s)) specified by us and may require specific settings (e.g. APN setting). You may check with us for the latest information. If you fail to follow such specifications, this may result in adverse experience when you utilize the Plan or related services. 

1. 4. Actual Speed. Peplink cannot guarantee the actual data access speed (upload and download) experienced by the user. The actual data access speed is subject to the influence of various factors which are outside our control. These factors include (but are not limited to) the features or functionality of your devices, transmission technology, network performance, websites servers speed, interruptions to services from other providers and content providers, faults in other communications networks, the weather or radio interference caused by landscapes such as hills, tunnels or other physical obstructions.

1. 5. Fair Usage Policy. This Fair Usage Policy aims to ensure that both the operators and ourselves will not be affected by extreme dosage so that we can provide you and every other user a reliable access to our services at all times in a fair and reasonable environment. 

5.1 When your Allowance is used up, either (i) the data access speed may automatically be adjusted to a low-speed one during the remaining validity period of your SFC Usage Plan  or Care Plan (if any)⁴; or (ii) the data service may be suspended until you top up your account with more Allowance.⁵ 

5.2 No user shall use, or permit anyone else to use, their Allowance or the related services in any manner which (i) adversely affects our ability to provide, complete or maintain the level or quality of our network or other services to any other users; and (ii) is designed to cause loss or damage to us such as reselling the Allowance or access to related services without our prior consent or authorisation. 

5.3 We may monitor your usage of the Allowance and the related services. If, in our reasonable opinion, your use of the Allowance and/or related services is abusive, excessive or unreasonable, we may take such action as is reasonable in the circumstances, with or without prior notice, in an attempt to keep your usage at a reasonable level. These actions may include (but are not limited to) lowering your priority to access the related services or our network resources, restricting the throughput or amount of data transferred, or suspending or terminating your existing Plan(s) and/or access to our related services. 

5.4. As far as practicable, we will endeavor to contact you and invite you to review your data usage and refrain from any abuse or misuse of the Allowance or network resources before we do take action to suspend or terminate your existing Plan(s) and/or your access to any related services. 

5.5 Depending on the Plan or Care Plan you subscribed to, the speed of data services may, apart from our Fair Usage Policy, also be subject to the applicable operators’ fair usage policy. Please contact us if you require more information. 

 

_{4 Applicable to SFC Allowance under a SFC Usage Plan or Care Plan. Currently, users with valid SFC Allowance may achieve data access speed at the maximum of 200 Mbps. Once the SFC Allowance is used up, users may still access the data service, but at a reduced data access speed at the maximum of 10 Mbps during the remaining validity period of the SFC Usage Plan or Care Plan.}

_{5 Applicable to Data Allowance under a Peplink eSIM Data Plan.}

 

1. 6. Compliance with Laws and Regulations. You are solely responsible for any and all activities, uploads and downloads via the Plan and related services accessed through your SFC account(s), regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party. You will ensure that your use of our Plan and related services will not violate any of the terms herein or any applicable law or any applicable regulations. 

 

1. 7. Adjustments, Suspension, and Termination. In addition to Section 5, we reserve the right to, at our sole discretion, make reasonable adjustments to or forthwith suspend or terminate any and all your Plans and/or access to our related services if:- 

7.1 you, or any user permitted by you, commits a breach of any of the terms and conditions contained herein; 

7.2 you fail to perform or in breach of your payment obligations (whether in full or in part) to us; or

7.3 you, or any user permitted by you, abuses or misuses the Allowance or our related services; 

7.4 we reasonably believe that you, or any user permitted by you, are using the the Allowance or our related services for any illegal, fraudulent or prohibitive purposes or behaviors;

7.5  it is necessary for us to comply with an order, instruction, determination or direction of an applicable judicial body, government or regulatory authority.

 

1. 8. No Cancellation, Return, or Refund. All sales of subscriptions/renewals of the Plans are final with no right of cancellation, return, transfer or refund in whole or in part for whatever reason. 

1. 9. EXCLUSION OF DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY LOST DATA, REVENUE OR PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO PROVIDE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.    

 

1. 10. LIMITATION OF LIABILITY. IN NO EVENT WILL OUR OR OUR SUPPLIER’S OR OUR DISTRIBUTOR’S OR OUR AFFILIATE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, FROM ALL CAUSES OF ACTION AND THEORIES OF LIABILITY, EXCEED THE LESSER OF ONE (1) MILLION US DOLLAR OR THE AMOUNT PAID BY YOU DURING THE IMMEDIATE PRECEDING TWELVE (12) MONTHS OF SERVICE GIVING RISE TO THE LIABILITY. THE LIMITATION ON LIABILITY FOR DAMAGES SET FORTH HERE WILL NOT BE AFFECTED BY ANY FAILURE OF THE SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES HEREIN.

 

1. 11. Non-wavier. No failure or delay by us to exercise any right, power or remedy under this Terms and Conditions shall operate as a waiver thereof. 

1. 12. Interpretation. We reserve the right of final interpretation of this Terms and Conditions. Headings and footnotes in this agreement are for convenience only and shall not be deemed to be a part of this agreement or to affect the interpretation of any provision of this agreement.

1. 13. Revision. We reserve the right to change, add to, and delete the terms and conditions of this Policy or any part hereof from time to time. Please refer to our website for the latest version. 

 

The InControl 2 subscription is a standalone service that enables selected Peplink devices to connect to InControl 2. While InControl 2 is included as a part of warranty and PrimeCare, the InControl 2 subscription enables you to connect devices to InControl 2 without any additional subscription services.

 

Supported Devices

 

The full list of products that have InControl 2 subscription is available on the InControl 2 product page under “Product Availability”. The devices listed on this page is subject to change, please check periodically to ensure you have the latest version.

 

Use of Subscription Services

 

Any Peplink device will function on InControl 2 as long as it is subscribed to InControl 2 subscription, Warranty, or PrimeCare. Customers are able to change between InControl 2 subscription and warranty without any interruption in InControl 2 service. However, PrimeCare devices are unable to use InControl 2 Subscriptions. Please refer to the PrimeCare Terms and Conditions for full details.

 

If a device is no longer subscribed to any service, they will no longer be able to access InControl 2. However, all records from the device’s time under subscription will be retained and will remain accessible on InControl 2. If the device re-enters warranty or InControl 2 subscription, it will once again become visible and manageable on InControl 2. InControl 2 subscriptions are non-transferrable, each subscription is specific to the device that it is assigned to.

Last Updated: 08th February 2024

 

1. This Peplink InControl 2, SpeedFusion Connect (previously known as SpeedFusion Connect Protect), FusionSIM Agreement (this “Agreement”) contains the terms and conditions between your use of Service (as defined below) and is an agreement between Peplink Pepwave Limited (also referred to as “Peplink”, “Pepwave”, affiliates of Peplink, “we”, “us” or “our”) and you or the entity you represent (“you” or “your”), collectively the “Parties” and each individually a “Party”.  This Agreement takes effect when you click an “I Accept” button or check box presented with these terms or, if earlier, when you use or agree to use any of the Service (the “Effective Date”). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.
2. TERM. The Term of this Agreement shall commence on the Effective Date and shall remain in full force and effect as long as any Service entered into pursuant to this Agreement remains in effect.
3.  USE OF SERVICES. The “Service” refers to the applications, software, products, and services provided by us, including any beta versions, InControl 2, SpeedFusion Connect, and FusionSIM. We retain any and all rights, title and interest in and to the Service. The Service provided may be used only by you as expressly authorized.  Except as permitted in any separate written agreement, you shall not use the Service for the benefit of any third party nor make the Service available to any third party through any resale, sublicense, re-marketing or re-packaging, except to your end users or as otherwise permitted by us. You shall not and you will procure that your users shall not reverse engineer or disassemble or decompile or create any derivative works of any software or hardware in relation to the Services.  You shall not and you will procure that your users shall not use any Service in a manner that unreasonably interferes with the use of Service by our other customers or authorized users.
4. YOUR SERVICE ACCOUNT. You are solely responsible for any and all activities that occur on your Service account regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, agents or end users). We and our affiliates are not responsible for unauthorized access to your account.  In the event that a device is returned to us pursuant to our RMA policy or our authorized partners pursuant to their return policy, or in the event that we reasonably determined (in our sole discretion) that the true legal and physical ownership of the device belongs/have been transferred to another person/entity, we reserve the right to remove such device from your Service account. 
5. REGULATORY COMPLIANCE. You will ensure that your use of Service and your end users’ use of Service will not violate any of the terms herein or any applicable law or any applicable regulations. You will be deemed to have taken any action that you permit, assist or facilitate any person or entity to take related to this Agreement, your content or use of the Service.  You are solely responsible for the upload and download via Service. If you become aware of any violation of any of the terms herein or any applicable law or any applicable regulations caused by an end user of yours, you will immediately suspend access to Service by such end user.   
6. SUSPENSION. We may suspend your or your end user’s right to access or use any portion or all of the Service immediately upon notice to you if we determine:
   • a. your or an end user’s use of the Service (i) poses a security risk, (ii) could adversely impact our Service or our suppliers or our distributors or our affiliates or our customers, (iii) could subject us or our suppliers or our distributors or our affiliates or our customers to liability, or (iv) could be fraudulent;
   • b. you are, or your end user is, in breach of this Agreement;
   • c. you are in breach of your payment obligations to us; or
   • d. you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
7. EFFECT OF SUSPENSION.If we suspend your right to access or use any portion or all of the Service:
   • a. you remain responsible for all fees and charges you incur during the period of suspension; and
   • b. you will not be entitled to any service credits for any period of suspension.
8. YOU AND YOUR END USERS. 
   • a. You will be deemed to have taken any action that you permit, assist or facilitate any person or entity to take related to this Agreement or use of Service. You are responsible for your end users’ use of Service.  
   • b. You authorize us to transmit all necessary data, including transaction and billing data, and if applicable, personal and sensitive personal data, on your behalf to any affiliate or to third parties in order to perform Service, including if applicable, the processing of personal data and/or sensitive personal data.  You agree and undertake to obtain the consent of all end users and third parties to the transmission of their personal data and sensitive personal data to any relevant third parties regardless of where they may reside.  You agree to procure that we shall be permitted to use, hold and process information and data (including personal data and sensitive personal data) in respect of you and your end users and other third parties that it obtains pursuant to this Agreement.  You agree to defend, indemnify and hold harmless us, our suppliers, our distributors, our affiliates and our licensors, and each of our and their respective employees, officers, directors, and representatives from and against any losses, claims, damages, liabilities or other costs and expenses (including legal costs) as a result of any breach by you or any of your end users’ use of the Service, or any breach of any legislation by either Party to the Agreement caused by you, or otherwise arising in respect of data protection related issues as a result of the fulfillment of the obligations of either Party to this Agreement.
   • c. You agree to and you will procure that your end users agree to grant to us the royalty-free, nonexclusive, worldwide right, but not the obligation, to use, reproduce, publish, distribute, or otherwise use statistical data and equipment data we received or generated from your use or your end user’s use of the Service (including, without limitation, to aggregate it with other data to create new products and services, to copy it, to cache it and to incorporate it into other works in any form, media or technology now known or later developed), and to sublicense such rights to third parties for purposes of creating, improving and supporting network products and services.
   • d. The Parties hereby acknowledge and agree that by entering into this Agreement you have determined what personal data, as such is defined in Directive the EU General Data Protection Regulation 2016, are collected and how they are processed pursuant to this Agreement and we shall act as a data processor, as defined in the EU General Data Protection Regulation 2016, in carrying out its obligations to collect and process personal data for your pursuant to this Agreement. We shall take all reasonable technical and organizational measures against unauthorized or unlawful processing of personal data and/or sensitive personal data and against accidental loss or destruction of, or damage to personal data and/or sensitive personal data. We shall from time to time comply with any reasonable request made by you to ensure compliance with the measures mentioned in this provision.  We shall take the measures mentioned in this provision having regard to the state of the technological development and the cost of implementing the measures, so as to ensure a level of security appropriate to (a) the harm that may result from breach of such measures and (b) the nature of the personal data and/or sensitive personal data to be protected. We shall take reasonable steps to ensure the reliability of any employees of ours who have access to relevant personal data or sensitive personal data.
9. OUR INDEMNITY.
   • a. We will defend any action brought against you to the extent that it is based upon a claim that Service provided by us to you under this Agreement, infringe any U.S., EU, other countries or regions patent, copyright, trademark or other intellectual property right, or that the Products incorporate any misappropriated trade secrets. Subject to the limitation of our liability in Section 11, we will pay any costs, damages and reasonable attorneys’ fees attributable to such claims that are awarded against you in such action. Our obligations under this subsection (a) are contingent upon: (i) You giving prompt written notice to us of any such claim; (ii) You allowing us to control the defense and any related settlement of any such claim; and (iii) You furnishing us with reasonable assistance in the defense of any such claim, so long as we pay you reasonable out-of-pocket expenses.
   • b. If you use of any of Service hereunder is, or in our opinion is likely to be, enjoined due to the type of claim specified in subsection (a) above, then we will, subject to the our limitation of liability in Section 11, at its sole option and expense: (i) procure for you the right to continue using such Service under the terms of this Agreement; (ii) replace or modify such Service so that they are non-infringing and substantially equivalent in function to the enjoined Service; or (iii) if options (i) and (ii) above cannot be accomplished despite our reasonable efforts, then we may terminate your rights and our  obligations hereunder with respect to such Service and refund to you the unused portion of service and licence of the amounts paid by you.
   • c. We and its affiliates will have no obligation under subsection (a) or (b) for any claim of infringement or misappropriation resulting from: (i) combination or use of Service with equipment, products, or processes not furnished by us; (ii) modifications to Service not prepared by us; or (iii) failure of you to use updated or modified Service provided by us to avoid a claim of infringement or misappropriation.
   • d. THE PROVISIONS OF THIS SECTION SET FORTH OUR SOLE AND EXCLUSIVE OBLIGATIONS, AND YOUR SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF ANY KIND
10. EXCLUSION OF DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY LOST DATA, REVENUE OR PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO PROVIDE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.    
11. LIMITATION OF LIABILITY. IN NO EVENT WILL OUR OR OUR SUPPLIER’S OR OUR DISTRIBUTOR’S OR OUR AFFILIATE’S OR OUR LICENSOR’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, FROM ALL CAUSES OF ACTION AND THEORIES OF LIABILITY, EXCEED THE LESSER OF ONE (1) MILLION US DOLLAR OR THE AMOUNT PAID BY YOU DURING THE IMMEDIATE PRECEDING TWELVE (12) MONTHS OF SERVICE GIVING RISE TO THE LIABILITY. THE LIMITATION ON LIABILITY FOR DAMAGES SET FORTH HERE WILL NOT BE AFFECTED BY ANY FAILURE OF THE SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES HEREIN.

Last Updated: 27th September 2021

 

YOU MUST READ CAREFULLY AND ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS PEPLINK Forum ACCEPTABLE USE AGREEMENT (“AGREEMENT”) BEFORE YOU MAY ACCESS THE FORUM. BY BROWSING THE FORUM, YOU AGREE TO THE TERMS AND CONDITIONS BELOW, AND ARE BINDING YOURSELF AND THE BUSINESS ENTITY THAT YOU REPRESENT (COLLECTIVELY, “YOU” OR “USER”) TO THIS AGREEMENT WITH PEPLINK PEPWAVE LIMITED (“WE” or “Peplink”).

 

1. Background. The Peplink Forum is a website (“Forum”) developed by Peplink to enable social networking opportunities, support discussion forums, chat, electronic messaging, survey tools, blogs, wikis and other collaborative tools that Peplink elects to make available in its discretion (collectively, the “Services”) for users of the Forum. These Services allow users to create personal profiles (each, a “Profile”) that can be searched and viewed by other users. Peplink may modify, enhance, restrict or terminate the Services at its discretion at any time and without notice; and following any termination, you may be unable to access any material you may have previously provided.

 

You are solely responsible for your content or other information you distribute, post, include, link to or otherwise upload to the Forum. You agree that Peplink is only providing an online platform or forum and that Peplink has no liability related to the content of any forum or wiki posting or any other user-created content on its Forum, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. By its very nature, the information available in the Forum and related forums and wikis is changed frequently, may be offensive, harmful or inaccurate and in some cases may be mislabeled or deceptively labelled. We do not make any representation or warranty, express or implied, as to the accuracy, timeliness or completeness of such information nor do we undertake to update or correct such information. Use of such information is at your own risk. No reliance should be made by you on such information, and no warranty claim may be made against Peplink based upon the information contained on the Forum. We recommend that you independently confirm all information you obtain from the Forum.

 

2. Rules and Regulations. This Agreement sets forth the legally binding terms for the Forum and the Services. This Agreement covers all of your visits to the Forum and any use of the Services. If you stop visiting the Forum or stop using the Services, this Agreement remains in effect.

 

(a) Amendments and Additional Terms. Peplink may elect to change or supplement the terms of this Agreement from time to time at its sole discretion. If you do not agree with the changes, you should discontinue using the Forum or any Services. If you continue using the Forum or Services after the change or supplement is released, you will have accepted the changes to the terms of this Agreement. In order to participate in certain Services, you may be notified that you are required to download software and/or agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement.

 

(b) Posting Content. Much of the information on the Forum is posted by third party users. Please choose carefully the information you post, either in a Profile or elsewhere on the Forum. The following is a partial list of what you are prohibited from posting:

 

Customer information including but not limited to content such as other users’ personally identifiable information, installed applications, login credentials and/or passwords, network inventory, network diagram from networks in production environments, configuration dump, virtual images of network, network reports, and field notices and/or security vulnerabilities which may impact a customer;

 

Anything unlawful, libelous, threatening, obscene, discriminatory or otherwise objectionable in Peplink’s sole discretion;

 

Content or images containing nudity, or materials that may be considered obscene, lewd, excessively violent, harassing, explicit or otherwise objectionable;

 

Information prohibited from disclosure under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

 

Content that infringes the copyright, trademark, patent, trade secret or other intellectual property rights of anyone, or other information or content that you do not have the right to disclose;

 

Any information or data that misrepresents the identity, characteristics or qualifications of you or any other person, including but not limited to the use of a pseudonym, or misrepresenting current or previous positions, qualifications or affiliations with a person or entity, past or present;

 

Any unsolicited or unauthorized advertising, promotional materials, “spam,” ”chain letters,” “pyramid schemes” or any similar form of solicitation. This prohibition includes but is not limited to using invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (ii) using the Services to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (iii) sending messages to distribution lists, newsgroup aliases, or group aliases for purposes of spamming;

 

Any virus, malware or other harmful code;

 

Anything that disrupts or interferes with the Services;

 

Any other content that, in Peplink’s sole discretion, undermines the purpose of the Forum or otherwise reflects unfavourably upon Peplink, its partners, affiliates or customers.

 

Be advised that other users of the Forum may violate one or more of the above prohibitions; but Peplink assumes no responsibility or liability. If you become aware of misuse of the Forum or Services by any person, please contact [email protected]. Peplink may investigate any complaints and violations that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or Profiles. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will Peplink be liable in any way for any data or other content on the Forum, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content on the Forum. If at any time you are not happy with the Forum or the Services or object to any material on the Forum, your sole remedy is to cease using the Forum or the Services.

 

(c) Monitoring. Nothing in this Agreement shall require Peplink to monitor or edit the Forum for objectionable or infringing materials. If at any time, at Peplink’s sole discretion, to monitor or edit the Forum, Peplink nonetheless assumes no responsibility for anything submitted by users, no obligation to modify or remove any inappropriate materials or information and no responsibility for the conduct of any user. Peplink does not endorse and has no control over what users post or submit to the Forum. Peplink reserves the right, in its sole discretion, to reject, refuse to post or remove any Profile, posting or other data, or to restrict, suspend, or terminate any user’s access to all or any part of the Forum or Services at any time, for any or no reason, with or without prior notice, and without liability. You agree that Peplink has no liability whatsoever if Peplink refuses to post your submissions or edits, restricts or removes your submissions.

 

(d) Laws and Reporting. You may not use the Forum or Services in any manner inconsistent with applicable law or for any illegal purpose, including but not limited to conspiring to violate laws or regulations. Recognizing the global nature of the Internet, you also agree to comply with applicable local rules or codes of conduct (including codes imposed by your employer) regarding online behavior and acceptable content. Additionally, you agree to comply with applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Peplink reserves the right to investigate and take appropriate action against anyone who, in Peplink’s sole discretion, is suspected of violating this provision, including without limitation, reporting you to law enforcement authorities. Use of the Services is void where prohibited.

 

3. Eligibility. Use of the Forum and the Services by anyone under 18 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to these Terms of Service and affirm that they accept this Agreement on your behalf and bear responsibility for your use. Your Profile may be deleted and your access may be terminated without warning if we believe that you are underage.If you are accepting these Terms of Service on behalf of someone else or an entity, you confirm that you have the legal authority to bind that person or entity to this Agreement.

 

4. Password(s). You are entirely responsible for maintaining the confidentiality of your password(s). You agree not to use the username or password of another user at any time or to disclose your password to any third party. You agree to notify Peplink immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your login information (username and/or password).

 

5. Transfers/Competitive Use. You may not trade, sell or otherwise transfer your account to any other person without Peplink’s written consent. You may not use the Forum or the Services to advertise, promote, endorse or market, directly or indirectly, any products, services, solutions or other technologies that, in Peplink’s sole and absolute discretion, compete with the products, services, solutions or technologies of Peplink.

 

6. Ownership and License.

(a) Peplink does not claim any ownership rights in any text, files, images, photos, video, sounds, works of authorship or other materials that you upload to the Forum or transmit via the Services (“User Content” or “Content”). However, by uploading Content to the Forum, transmitting Content using the Services, editing content on wikis or posting messages to message boards, forums, and chat rooms, or otherwise providing Content to Peplink, you grant to Peplink a worldwide, royalty-free, fully paid up, sublicensable, fully transferable, perpetual, irrevocable right and license to use, exploit, exercise, perform, display, reproduce, enhance, distribute, develop, have developed, make, have made, disclose, modify and create derivative works of, such Content, for any purpose, by any means now known or developed in the future. Peplink will treat any User Content as non-confidential and public, including any User feedback or suggestions. Please do not submit confidential or private information. You also agree that any other third party user of this Forum may access, view, store or reproduce your Content for such user’s personal use or otherwise in connection with use of the Forum and/or Services.

 

(b) The Forum and the Services also contain content owned by or licensed to Peplink (“Peplink Content”). Peplink owns and retains all rights in the Peplink Content and the Services, including all intellectual property rights. Peplink hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Peplink Content (excluding any software code) solely for your personal use to view the Forum and otherwise as necessary to use the Services. Except as set forth above, nothing contained in this Agreement shall be construed as conferring by implication, estoppel or otherwise any license or right under any trade secret, patent, trademark, copyright or other intellectual property right of Peplink or any third party. All licenses not expressly granted by Peplink are reserved.

 

(c) The Forum and the Services may also contain Peplink-provided software, code, commands, bug- fixes, work-arounds or patches (“Peplink Software”) that you can download. Peplink owns and retains all rights in the Peplink Software, including all intellectual property rights therein. Peplink hereby grants you a limited, revocable, non-sublicensable, non-transferable license to use the Peplink Software for your internal use only. Except as set forth in this Section 6(c) , nothing contained in this Agreement shall be construed as conferring by implication, estoppel or otherwise any license or right under any trade secret, patent, trademark, copyright or other intellectual property right of Peplink. All licenses not expressly granted by Peplink are reserved. THE PEPLINK SOFTWARE IS LICENSED TO YOU HEREUNDER ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND Peplink EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, PEPLINK SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE PEPLINK SOFTWARE AND USE IS AT YOUR OWN RISK. ALL PEPLINK SOFTWARE IS LICENSED HEREUNDER WITHOUT TECHNICAL SUPPORT OR MAINTENANCE SERVICES.

 

(d) If any software, code, commands, bug-fixes, work-arounds or patches belonging to third parties are posted on the Forum and made available for your use, such use is at your own risk and is made available to you on an “as is” and “as available” basis, with all faults, and Peplink expressly disclaims any warranty of merchantability, fitness for a particular purpose or non-infringement relating to any such third party software, code, commands, bug-fixes, work-arounds or patches.

 

7. Copyright. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. Peplink may deny access to the Forum or the Services to any User who is alleged to infringe another party’s copyright. Without limiting the foregoing, if you believe that your copyright has been infringed, please provide Peplink with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

 

8. User Disputes. You are solely responsible for your interactions with other users. Peplink reserves the right, but has no obligation, to monitor disputes between you and other users.

 

9. Privacy and General Terms and Conditions. Use of the Forum and Services is also subject to Peplink’s Privacy Statement and general Peplink Policies, located at https://www.peplink.com/company/privacy/ and https://www.peplink.com/support/policies/, which are incorporated into this Agreement by this reference. Additionally, you understand and agree that Peplink may contact you via email or otherwise with information relevant to your use of the Forum or Services. You also agree to have your name and/or email address listed in the header of certain communications you initiate through the Services.

 

10. Additional Disclaimers.

(a) Third Party Content. The Forum may contain links to other websites. Peplink is not responsible for any content, messages or information on such websites. Such websites are in no way investigated, monitored or checked by Peplink. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by Peplink. When you access these third-party sites, you do so at your own risk. Peplink takes no responsibility for third party advertisements which may be posted on the Forum or through the Services, nor does Peplink take any responsibility for the goods or services provided by any advertisers.

(b) Technical Errors. Peplink assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any Content or other communication by you or any other user. Peplink is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from using the Forum or the Services.

(c) TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, Peplink SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM USE OF THE SITE, THE SERVICES, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS, WHETHER ONLINE OR OFFLINE. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND Peplink EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Peplink DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. Peplink CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE SERVICES. USE IS AT YOUR OWN RISK.

 

11. Indemnity. You agree to defend, indemnify and hold Peplink, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by party arising out of or related to: (a) your use of the Services or the Forum; (b) your breach of this Agreement; c) your conduct or interactions with other users of the Quora Platform; or (d) your Content. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow Peplink to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

 

12. Limitation on Liability. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL Peplink BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES, COSTS OF REPLACEMENT GOODS OR LOSS OF OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF Peplink HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PEPLINK’S LIABILITY TO YOU FOR ANY CAUSE(S) WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE THOUSAND DOLLARS (USD $1,000.00). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. 

 

13. Disputes. If there is any dispute about or in any way involving the Forum or the Services, you agree that the dispute shall be governed by the laws of the Hong Kong Special Administrative Region, without regard to conflict of law provisions; and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the Hong Kong Special Administrative Region.

 

14. Costs and Fees. Access to the Forum and Services are provided at no charge to User; and User shall be solely responsible for any costs and expenses it incurs because of the Forum or the Services. You acknowledge and agree that Peplink may later require you and other users to pay a fee to continue to use the Services or the Forum.

 

15. Trademarks. The trademarks, logos and service marks (“Marks”) displayed on the Forum are the property of Peplink or other third parties. You acknowledge and agree that you have no rights, title, or interest in or to the Marks and that you will not adopt, use, or attempt to register the Marks or any confusingly similar mark. Users receive no license to and are not permitted to use these Marks. 

 

16. General. This Agreement constitutes the entire agreement between you and Peplink regarding the use of the Services and the Forum. The failure of Peplink to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

 

Last Updated: 19th November 2021

 

 

 

1. Objective. This Service Level Agreement (“SLA”) is to define the reference parameters for the provision of the Peplink SpeedFusion Connect and Peplink SpeedFusion Connect (“Service”) and for monitoring the level of quality actually provided. The objective of the SLA is also to define the rules of interaction between Peplink and the Customer. This SLA is an integral part of the contract completed between Peplink and the Customer (“Contract”) and applies separately to each Customer and for each Contract.
2. Service. Peplink will make every reasonable effort to maintain network connectivity through SpeedFusion technology to compatible Peplink devices. The network will be deemed available if Peplink’s routers and/or servers are available and responding properly. Interruption means any interruption to the Service that is more than 1% of the monthly uptime percentage. In case an Interruption arises, Peplink may offer corrections, within a reasonable time, to the Customer under the terms and conditions of this SLA (“Correction”).
3. Planned Maintenance. Peplink will notify the Customer by releasing a post on Peplink’s forum about planned maintenance in the provision of the Service at least 24 hours in advance, with the exception of important security updates and patches which Peplink may deploy without prior notice.
4. Error Notifications. In case of an Interruption in the Service, the Customer may notify Peplink by filing a support ticket at https://ticket.peplink.com/ticket/new/public, and provide evidence showing the connection between the Interruption and Service. The Interruption is deemed to begin when the failure starts to affect the Customer’s use of the Service, and to end when the failure has been corrected. Peplink will notify the Customer about the Correction of the failure.
5. Customer Obligation. Customer shall be responsible to respond to Peplink’s reply without undue delay and enable us to perform Correction.
6. Sole Remedy. Corrections of Interruptions will be the sole remedy of the Customer for Interruptions or other failures in the Service. In case of a disagreement over the Correction to the Customer, Peplink’s decision on the issue will be binding and final.
7. Exclusion of Liability. Listed below are the conditions in the presence of which, despite the occurrence of any malfunction, the Customer is not entitled to any Correction, and Peplink shall not be liable for any of the following:

• Due to a Force Majeure, i.e. events that, objectively, would prevent Peplink’s staff from intervening to perform the tasks set out by the SLA which are Peplink’s responsibility (merely by way of example and not exhaustive: strikes and demonstrations which block communication routes; pandemic; road accidents; wars and acts of terrorism, natural disasters such as flooding, storms, hurricanes, etc.);
• Due to Customer’s delay in responding to our replies or Customer’s acts, omissions, negligence disabling Peplink from performing Correction;
• Interruption due to the acts, omissions, negligence, mistakes, misuses, improper or inadequate maintenance, disconnections or anything alike of customer or third party, including but not limited to internet service provider(s);
• Extraordinary interventions to be carried out urgently at the sole discretion of Peplink to avoid hazards to safety and/or stability and/or confidentiality and/or integrity of the virtual infrastructure created and allocated by the Customer and the data and/or information contained therein. Any execution of these measures will be communicated to the Customer via email sent to the email address provided when ordering with less than 24 hours notice, or at the start of the operations in question or in any case, as soon as possible;
• Unavailability or blocks of the virtual infrastructure created and allocated by the Customer due to: incorrect use, incorrect configuration or shut-down commands, voluntarily or involuntarily performed by the customer;
• Faults and malfunctions of application/management software provided or caused by third parties;
• Non-fulfillment or breach of SLA due to the Customer;
• Fault or malfunction of the Service, or their failure or delayed removal or elimination due to i) non-fulfilment or breach of SLA of Peplink or of our services provider(s) by the Customer or ii) to an abuse or illegal use of the Service by the Customer;
• Failure by the virtual infrastructure to connect to the public network voluntarily, or due to the Customer;
• Causes that lead to total or partial inaccessibility of the virtual infrastructure created and allocated by the Customer due to faults in the Internet network beyond Peplink’s perimeter, and therefore beyond its control (merely by way of example, failures or problems);
• Planned Maintenance;
• Failures in products or services which are not included in the Service;
• Failures caused by the Customer’s actions contrary to user instructions or resulting from the Customer’s operating systems or application software used within the Service;
• Interruptions resulting from law and public authority enforced activities.

Introduction

A security vulnerability is a flaw in the design or implementation of features in a product or service (in the cloud) which can be exploited to compromise system security, customer data or any sensitive information.

 

Reporting Security Vulnerabilities to Peplink

If you believe that you have identified a security vulnerability, please use this secured and encrypted form to report to Peplink.

https://contact.peplink.com/secure/create-support-ticket.html

This is the most preferred method of contact. A member of our Peplink Security Team will get in touch with you directly for further analysis of the issue.

In rare situations where using the form is not possible, you may report vulnerabilities by sending email to [email protected]. Please be reminded to include essential information, including but not limited to:

 

• The affected product(s)
• Version of running firmware
• Diagnostic reports
• Description of vulnerability and any steps to reproduce it

 

Peplink’s Response to Security Vulnerability

All vulnerability reports will be analyzed by our Security Team. Peplink will acknowledge vulnerability reports within 24 hours.

 

Security Fixing Policies

Normally, security fixes will follow our regular firmware release cycles and be made available in the next production release.

In the case of zero-day vulnerabilities, critical fixes as special firmware releases will be made available as soon as they are ready.

 

Announcement of Security Fixes

Peplink will release security vulnerability announcements publicly on our forum, only when the fixes are available, at:

https://forum.peplink.com/

Last Updated: 5th January 2022

 

Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your login and preferred settings. This helps us to provide you with a good experience when you browse our websites and also allows us to improve our website design.

 

The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you choose to block these cookies, our website may not work as it should and any preferences you have may be lost.

 

Please note that some cookies on the website are managed by third parties, including, for example, advertising networks, features such as videos and social media API, and providers of external websites like web traffic analysis services. These cookies are likely to be analytical/performance cookies or targeting cookies. You should refer to the third parties’ own cookie and privacy policies for information about how they may use your information.

 

The third-party cookies we use in websites include but are not limited to:

• Google – our websites have embedded Google services/tools, such as ‘Google Maps’ and ‘Google Analytics’ for better user experience and analytics purposes. For details of Google cookies usage, please click here.
• YouTube – the videos in our websites are hosted in the YouTube channel. We embed a unique YouTube hyperlink to show the video on our Website for advertising purposes. For details of YouTube cookies, please click here.