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Terms and Conditions for Starlink Satellite Internet Services
NBS Maritime OOD, acting as Starlink Indirect Reseller of ELCOME
Version 1.0 — Effective Date: May 2025

PREAMBLE AND PARTIES


These Terms and Conditions ("Terms") govern the sale and provision of Starlink satellite internet
services and equipment by NBS Maritime OOD ("NBS Maritime", "we", "us", or "our"), a
company incorporated under the laws of Bulgaria and the European Union, with its registered
office at 1 Primorski Blvd, Varna 9000, Bulgaria, EIC 127595228, to its customers ("Customer","you", or "your").
NBS Maritime acts as an approved Indirect Reseller of Starlink Services under a reseller
agreement with Elcome International LLC ("ELCOME"), a direct Starlink Authorised Reseller.
NBS Maritime is authorised to market and sell Starlink Services and Equipment within the Global
Maritime territory. NBS Maritime shall be identified as: "NBS Maritime, a Starlink Indirect Reseller of ELCOME."
By placing an order, activating Services, or using Starlink Equipment provided by NBS Maritime,
the Customer agrees to be bound by these Terms. If you do not accept these Terms, you must not
place an order or use the Services.
These Terms incorporate by reference all applicable Starlink legal policies available at
https://www.starlink.com/legal, including the Starlink Terms of Service, Acceptable Use Policy,
Privacy Policy, Fair Use Policy, and Software License Terms.


1. DEFINITIONS
In these Terms, the following capitalised terms have the meanings set out below:
• "Agreement" means these Terms together with any applicable Service Order, subscription form, or other document agreed in writing between NBS Maritime and the
Customer.
• "Elcome" means Elcome International LLC, the Direct Starlink Authorised Reseller through which NBS Maritime procures Starlink Services and Equipment.
• "Eligible Service Territory" means the territories in which the Customer is authorised to use the Services as set out in the applicable Service Order. NBS Maritime is authorised to serve the Global Maritime territory.
• "Equipment" or "Starlink Kit" means the hardware provided by or through NBS Maritime for use with the Services, including but not limited to the Starlink user terminal (dish/antenna), mounting hardware, router, power supply, and any accessories.
• "NBS Maritime" means NBS Maritime OOD, a company registered in Bulgaria, EIC127595228, acting as Indirect Reseller of Starlink Services.
• "Order" means the Service Order or subscription form specifying the Services, Equipment, pricing, and territory applicable to a particular Customer.

• "Permitted Use" means use of the Services strictly as an end user, within the Eligible Service Territory, and in compliance with these Terms and all Starlink Policies.

• "Priority Access" means elevated network priority data allocated under certain Service
Plans, as described in the Starlink Fair Use Policy.
• "Service Plan" means the specific Starlink subscription tier selected by the Customer as
set out in the Order.
• "Services" means the two-way satellite-based internet services provided by Starlink and
made available to Customers through NBS Maritime.
• "Starlink" means Starlink Internet Services Ltd. and its affiliated entities, the provider of
the underlying satellite internet network and Services.
• "Starlink Policies" means all legal policies, guidelines, and terms published by Starlink at
https://www.starlink.com/legal, as amended from time to time.

2. SCOPE OF SERVICES AND PROHIBITIONS

2.1 Scope of Supply
NBS Maritime agrees to provide, and the Customer agrees to accept, the Services and Equipment
described in the applicable Order, for the duration of the Agreement Term, subject to these Terms.
2.2 Permitted Use
The Services and Equipment are provided solely for the Customer's own end-use, as authorised
under the applicable Order and within the Eligible Service Territory. The Customer may access
Services as an end user only.
2.3 Strict Prohibitions
The Customer is strictly prohibited from the following, and any breach of this clause shall entitle
NBS Maritime to immediately terminate the Agreement without notice:
• Reselling, sublicensing, or otherwise making the Services available to any third party,
whether for commercial gain or otherwise;
• Using the Services for any residential purpose (Services are provided exclusively for
maritime and commercial end-use);
• Selling or transferring Equipment or Services to any agency of the United States Federal
Government without prior written approval;
• Using the Services for any military, paramilitary, or intelligence community purpose in
any country, without prior written approval;
• Using the Services outside the Eligible Service Territory specified in the Order, except as
expressly permitted in writing by NBS Maritime;
• Assigning, transferring, or subletting access to the Services or Equipment without NBS
Maritime's prior written consent;
• Modifying, disassembling, or tampering with the Equipment except as expressly
permitted under these Terms or applicable installation guides;
• Using the Services in a manner that violates any applicable law, regulation, or Starlink
Policy.
2.4 Non-Exclusivity
Nothing in these Terms grants the Customer any exclusive right to receive Services from NBS
Maritime. NBS Maritime may supply similar services to other customers.

3. ORDERS, EQUIPMENT, AND ACTIVATION
3.1 Orders
All orders for Services and Equipment must be submitted to NBS Maritime in writing and are
subject to acceptance by NBS Maritime. NBS Maritime reserves the right to refuse any order at its
sole discretion, including where Starlink approval for the applicable territory is not obtained or
where the Customer does not satisfy applicable compliance requirements.
3.2 Service Activation
Services may not be available in all locations and are contingent upon network availability and
Starlink’s approval. Activation of each Starlink Kit is carried out through Elcome’s Reseller
Management Tool. NBS Maritime makes no warranty that Services will be available at any
particular location.
3.3 Title to Equipment
Title to the Starlink Kit and any optional accessories transfers to the Customer at the time of
delivery. Risk of loss passes to the Customer upon delivery.
3.4 Agreement Duration
There is no minimum contract term unless expressly agreed in the Order. The Customer may
cancel the Agreement at any time subject to Section 8 (Cancellation and Termination). NBS
Maritime may terminate the Agreement in accordance with Section 8.
3.5 Software Licence
Software installed on the Starlink Kit is licensed, not sold. The Customer receives a non-exclusive,
non-transferable, limited, and revocable licence to use the software solely as installed on the
Starlink Kit, subject to the Starlink Software License and Usage Terms
(https://www.starlink.com/legal/documents/DOC-1003-77580-67?regionCode=US). Starlink
retains all intellectual property rights in the Equipment, Services, and software.


4. PRICING, PAYMENTS, AND INVOICING
4.1 Pricing
Pricing for Equipment and Services shall be as set out in the applicable Order. NBS Maritime shall
issue itemised invoices showing the Starlink Service fee and Service Plan separately. NBS
Maritime reserves the right to amend pricing upon thirty (30) days’ written notice to the Customer.
4.2 Payment Terms
Unless otherwise stated in the Order, payment for Equipment is due immediately upon invoice.
Monthly recurring Service fees are due in advance of each month of Service, on the date specified
in the Order. NBS Maritime will begin billing for Services from the first day of the month following
Kit Activation.
4.3 Late Payment
If the Customer fails to pay any amounts due by the payment date, NBS Maritime may: (a)
suspend the Services until all overdue amounts are paid; and (b) charge interest at a rate of one
percent (1%) per month on all overdue amounts, compounded monthly, from the due date until the
date of actual payment.
NBS Maritime OOD — Starlink Services: Terms & Conditions
NBS Maritime

4.4 Disputed Invoices
In the event of a billing dispute, the Customer must notify NBS Maritime in writing within fourteen
(14) days of receipt of the invoice, setting out the nature and amount of the dispute. The Customer
must pay all undisputed amounts by the payment due date. Failure to dispute an invoice within this
period shall constitute acceptance of the invoice.
4.5 Taxes and Surcharges
All prices are exclusive of applicable taxes, duties, and surcharges unless otherwise stated in the
Order. The Customer is responsible for payment of all applicable VAT, customs duties,
government fees, and any other charges imposed in connection with the provision, sale, or use of
the Services and Equipment.
4.6 Shipping and Handling
Shipping and handling charges apply to all Equipment deliveries and are non-refundable. Shipping
costs are calculated at the time the Order is submitted.
4.7 Unlock Fees
Equipment purchased from NBS Maritime at a subsidised price is subject to a lock to Elcome
subscriptions. If the Customer wishes to unlock the Equipment for use with a different provider,
unlock fees apply as follows: USD 495 for Performance Gen 2 and Gen 3 Kits; USD 245 for V4
Standard Kits. Equipment not purchased through Elcome or NBS Maritime may be unlocked at no
additional cost.


5. FAIR USE POLICY AND DATA ALLOCATION


5.1 Fair Use Policy
The Customer’s use of the Services is subject to Starlink’s Fair Use Policy
(https://www.starlink.com/legal/documents/DOC-1134-82708-70), which governs how network
traffic is managed and how data is allocated based on the Customer’s Service Plan. The Customer
acknowledges and accepts the terms of the Fair Use Policy.
5.2 Priority Access Data
Business and Mobility Service Plans are allocated Priority Access data, which is given network
priority over standard-tier traffic. After Priority Access data is exhausted in a given month, Starlink
will throttle upload and download speeds unless additional Priority Access is purchased. Throttled
speeds may result in degradation or unavailability of bandwidth-intensive applications including
video streaming.
5.3 Additional Data Purchase
The Customer may purchase additional Priority Access data at any time via the Starlink Customer
Portal or Starlink App. If the Customer opts in to automatic data top-ups, the Customer will be
automatically billed for additional data consumed beyond the plan limit each billing cycle until the
Customer opts out.


6. INSTALLATION, EQUIPMENT USE, AND IN-MOTION RESTRICTIONS


6.1 Installation Responsibility
The Customer and/or NBS Maritime are responsible for installing the Starlink Kit in a location with
a clear, unobstructed field of view in accordance with the Starlink Installation Guide. The Customer must maintain a minimum separation distance of 4 metres (14 feet) between the Starlink antennaand any other co-located antennas.

6.2 Customer’s Regulatory Obligations
The Customer is solely responsible for ensuring compliance with all applicable building codes,
maritime regulations, zoning ordinances, lease obligations, and any permits, licences, and
authorisations required for the installation and use of the Equipment and Services at the
Customer’s location.
6.3 Prohibited Modifications
The Customer must not: (a) install the Starlink Kit under a radome without prior written approval
from NBS Maritime or Elcome; (b) repair, modify, or disassemble the Equipment except as
expressly permitted in the Starlink Installation Guide or with Starlink’s prior written approval; (c)
alter the transmission characteristics of the Equipment. Unauthorised modifications void the
Equipment warranty and may result in termination of Services.
6.4 Moving Vessel Installations
The Customer acknowledges that installing a Starlink Kit on a moving vessel involves inherent
risks. The Customer is solely responsible for ensuring the antenna mount is installed on a
structurally sound, stable surface, properly secured against sea conditions. Equipment that
becomes dislodged due to improper installation is the Customer’s liability.

7. CUSTOMER SUPPORT


7.1 NBS Maritime Support Obligations
NBS Maritime is solely responsible for providing Level 1 customer support to Customers. Starlink
and Elcome will not directly provide customer support to Customers of NBS Maritime. Customer
support covers billing queries, service plan questions, installation issues, technical
troubleshooting, and general performance issues.
7.2 Scope of Level 1 Support
NBS Maritime’s customer support includes, at a minimum:
• Responding to customer enquiries by telephone and email;
• Basic connectivity troubleshooting, including power cycling Equipment and verifying
network connections;
• Checking hardware status via the Elcome/Starlink management portal;
• Advising on Service Plans, data usage, and billing;
• Escalating unresolved technical issues to Elcome Level 2 support.
7.3 24/7 Availability
NBS Maritime maintains support availability appropriate for maritime operations. Critical service
outages may be escalated at any time.

7.4 Network Management

NBS Maritime may adopt reasonable network management policies where Services are used on
shared networks. NBS Maritime is prohibited from artificially throttling or degrading Customer
Service performance for any reason other than lawful network management.


8. CHANGES, CANCELLATION, AND TERMINATION


8.1 Changes to Services
Starlink reserves the right to change or discontinue Service Plans, pricing, Kit versions, and
specifications at any time. NBS Maritime will provide the Customer with reasonable notice of
material changes. The Customer’s continued use of Services after the notice period constitutes
acceptance of any changes. NBS Maritime assumes no liability for changes made by Starlink to its Services or pricing.
8.2 Customer Cancellation
The Customer may cancel the Agreement and Services at any time by providing written notice to
NBS Maritime. Cancellation is subject to the payment terms in the applicable Order. The Customer
is not entitled to any refund of payments already made, including any advance payment for
Services, unless NBS Maritime expressly agrees otherwise in writing.
8.3 Termination by NBS Maritime
NBS Maritime may immediately terminate or suspend all or part of the Customer’s access to
Services and the Agreement, without prior notice, in the following circumstances:
• Material breach of any provision of these Terms by the Customer, including nonpayment;
• Violation of any Starlink Policy or Acceptable Use Policy;
• Failure to pay any overdue amounts within thirty (30) days of a written payment request;
• The Customer’s involvement in fraudulent, abusive, illegal, or immoral activities;
• A lawful direction from Starlink, Elcome, or any competent regulatory, judicial, or
governmental authority;
• Unexpected technical or security issues affecting the Starlink network;
• Failure to obtain or maintain required governmental authorisations for the Services;
• Termination of NBS Maritime’s reseller agreement with Elcome or Starlink’s approval of
NBS Maritime;
• For convenience, upon thirty (30) days’ written notice to the Customer.
8.4 Consequences of Termination
Upon termination or expiry of the Agreement: (a) access to Services will cease; (b) all outstanding
amounts become immediately due and payable; (c) the Customer must return or retain the
Equipment as agreed in the Order; (d) any licences granted to the Customer in respect of Starlink
software shall immediately terminate.
8.5 No Expectation of Continuation
The Customer acknowledges that it has no expectation that this Agreement will continue for any
minimum period, and NBS Maritime shall not be liable for compensation or damages arising from
termination of the Agreement in accordance with these Terms.

9. WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY


9.1 Limited Equipment Warranty
The Starlink Kit is covered by a limited warranty from Starlink. The limited warranty applies to
defects in materials and workmanship and substantially meets the performance goals set out in
the Starlink Specifications (https://www.starlink.com/legal/documents/DOC-1002-69942-69).
Warranty claims must be submitted in writing to NBS Maritime within: (a) twenty-four (24) months
from the original purchase date; or (b) twelve (12) months from initial Activation of the Kit,
whichever is later. All warranties expire within thirty-six (36) months of purchase.
9.2 Warranty Exclusions
The warranty does NOT apply to damage or Service malfunction arising from:
• Manual re-pointing or unauthorised adjustment of the antenna;
• Unauthorised repair, modification, or disassembly of the Kit;
• Failure to follow installation or operational instructions;
• Fire, flood, lightning, extreme weather, or other acts of nature;
• Liquid damage, misuse, neglect, vandalism, or accident;
• Planned or emergency network maintenance;
• Defects in the Customer’s electrical supply or network infrastructure;
• Normal wear and tear or superficial defects not affecting performance;
• Use with third-party devices or software not approved by Starlink;
• Inability to obtain required permits or regulatory authorisations;
• Installation under a radome without express Starlink or Elcome approval.

9.3 Disclaimer of Warranties
EXCEPT AS SET FORTH IN SECTION 9.1, NBS MARITIME PROVIDES THE STARLINK KIT AND
SERVICES "AS IS," WITHOUT ANY EXPRESS WARRANTY OR REPRESENTATION. NBS MARITIME
DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NBS
MARITIME DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERRORFREE,
OR FREE FROM LATENCY OR PACKET LOSS.
9.4 Assumption of Risk
THE CUSTOMER AGREES THAT USE OF THE SERVICES AND STARLINK KIT, INCLUDING BY ANY
PERSON USING THE CUSTOMER'S ACCOUNT, IS AT THE CUSTOMER'S SOLE RISK. THE
SERVICES ARE NOT DESIGNED OR INTENDED FOR MISSION-CRITICAL OR SAFETY-OF-LIFE
APPLICATIONS. THE CUSTOMER MUST NOT RELY ON THE SERVICES AS A SOLE OR PRIMARY
MEANS OF DISTRESS COMMUNICATION OR NAVIGATION.
9.5 Limitation of Liability
NEITHER NBS MARITIME NOR ELCOME NOR STARLINK SHALL BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING LOSS OF PROFITS,
REVENUE, BUSINESS OPPORTUNITY, DATA, OR WORK STOPPAGE, ARISING OUT OF OR
RELATED TO THIS AGREEMENT, THE SERVICES, OR THE EQUIPMENT, WHETHER BASED ON
CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NBS MARITIME'S TOTAL AGGREGATE LIABILITY TO THE CUSTOMER FOR ALL CLAIMS ARISING
UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL
AMOUNTS PAID BY THE CUSTOMER TO NBS MARITIME IN THE SIX (6) MONTHS IMMEDIATELY
PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms shall limit or exclude liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be excluded under applicable mandatory law.


10. COMPLIANCE, ACCEPTABLE USE, AND EXPORT CONTROLS


10.1 General Compliance
The Customer must comply with all applicable laws and regulations in connection with the use of the Services and Equipment, including telecommunications, privacy, data protection, copyright, internet use, and any lawful interception requirements applicable in the relevant jurisdiction.
10.2 Acceptable Use Policy
The Customer agrees not to use, or permit others to use, the Services in any manner that:

(a)violates any applicable law or regulation;

(b) violates Starlink’s Acceptable Use Policy (https://www.starlink.com/legal/documents/DOC-1001-59234-61);

(c) infringes the intellectual property or other rights of any third party;

(d) interferes with the Services or equipment of other Starlink network users;

or (e) falls outside the Permitted Use defined in these Terms.

Violation of this clause may result in immediate suspension or termination of Services.

10.3 In-Motion Compliance
Use of the Services in motion (on a moving vessel or vehicle) may require additional regulatory
authorisations. The Customer is solely responsible for: (a) understanding and complying with all
applicable laws governing in-motion use in the relevant territorial waters and jurisdictions; (b)
obtaining any required authorisations prior to in-motion use; and (c) ceasing use of the Services in
motion where required by applicable law or regulation.
10.4 International Trade Controls and Sanctions
The Customer must comply with all applicable international trade control laws, including export
control, economic sanctions, anti-money laundering, and anti-corruption regulations. The
Customer represents and warrants that neither the Customer nor any of its principals, directors, or
officers is listed on any Specially Designated Nationals List, Denied Persons List, Entity List, or
any similar government sanction list. The Customer must not use or permit the Services or
Equipment to be used by or for the benefit of any sanctioned person or entity. Any breach of this
clause shall entitle NBS Maritime to immediately terminate the Agreement.
10.5 Military and Government Use
The Services are commercial communications products. They are not designed for offensive or
defensive military use. Custom modifications of the Equipment for military end-use may subject
the Equipment to US ITAR or EAR export controls and require US government authorisation. The
Customer acknowledges that Starlink’s technical support does not extend to modified products.

11. PRIVACY AND DATA PROTECTION

11.1 Data Controller
NBS Maritime acts as the data controller in respect of personal data collected from Customers.
The Customer’s personal data is processed in accordance with NBS Maritime’s Privacy Policy and
applicable data protection laws, including the EU General Data Protection Regulation (GDPR).

11.2 Starlink Privacy Policy
Starlink’s collection and processing of data in connection with the Services is governed by the
Starlink Services Privacy Policy (https://www.starlink.com/legal/documents/DOC-1000-41799-67), as updated from time to time.
11.3 Customer Data Obligations
The Customer is responsible for obtaining any required consents from its own personnel or authorised users prior to providing their personal data to NBS Maritime, and for ensuring compliance with applicable data protection law in respect of any personal data processed by the Customer in connection with use of the Services.
11.4 Security
The Customer acknowledges that Starlink administers and enforces cybersecurity policies to
identify and respond to security incidents involving Starlink data. The Customer is responsible for
maintaining appropriate security measures in respect of its own network and devices connected to
the Starlink network.


12. TRADEMARKS AND INTELLECTUAL PROPERTY

12.1 Starlink Trademarks
The Customer acknowledges that "Starlink" and all related marks, logos, and designs are trademarks of Starlink Internet Services Ltd. The Customer has no right to use any Starlink trademark, logo, or branding for any purpose. End Users are not authorised to use Starlink Trademarks.
12.2 NBS Maritime Branding
Any reference to Starlink Services on the Customer’s own materials must be approved in advance by NBS Maritime and comply with Starlink’s Trademark Guidelines. The Customer must not represent itself as an authorised Starlink reseller or create any impression of a direct relationship with Starlink.
12.3 SpaceX Exclusion
The "SpaceX" name, logo, and related trademarks (including Falcon, Dragon, and Starship) are
excluded from any licence and may not be used by the Customer under any circumstances.


13. INDEMNIFICATION


The Customer agrees to defend, indemnify, and hold harmless NBS Maritime, Elcome, and
Starlink, and each of their respective directors, officers, employees, and agents, from and against
any and all claims, liabilities, damages, penalties, fines, costs, and expenses (including
reasonable legal fees) arising out of or related to:
• The Customer’s use or misuse of the Services or Equipment;
• Any breach by the Customer of these Terms or any Starlink Policy;
• The Customer’s violation of any applicable law or regulation;
• The installation, modification, repair, or use of the Equipment by the Customer or any
person authorised by the Customer;
• Any claim by a third party arising from the Customer’s use of the Services;
• The Customer’s negligence, fraud, or wilful misconduct.

This indemnification obligation survives the termination or expiry of this Agreement.


14. GENERAL PROVISIONS


14.1 No Assignment by Customer
The Customer may not assign, transfer, or sublicense this Agreement or any rights or obligations
hereunder without NBS Maritime’s prior written consent. Any purported assignment without such
consent is void and constitutes a material breach. NBS Maritime may assign this Agreement to any
affiliate or successor entity.
14.2 Notices
All legal notices under this Agreement must be in writing and delivered to NBS Maritime at: NBS
Maritime OOD, 1 Primorski Blvd, Varna 9000, Bulgaria. NBS Maritime may deliver notices to the
Customer by email, post, or electronic display on the customer portal. The Customer consents to
receiving all communications electronically.
14.3 Amendments
NBS Maritime reserves the right to amend these Terms at any time. Amended Terms will be
notified to the Customer and will take effect thirty (30) days after notification. The Customer’s
continued use of the Services after that period constitutes acceptance of the amended Terms. If
the Customer does not accept the amended Terms, the Customer may cancel the Agreement
without penalty within the notice period.
14.4 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a competent
court, that provision shall be deemed modified to the minimum extent necessary to make it
enforceable, and the remaining provisions shall continue in full force and effect.
14.5 Waiver
No failure or delay by NBS Maritime in exercising any right or remedy under these Terms shall
constitute a waiver of that right or remedy. A waiver is only effective if made in writing by an
authorised representative of NBS Maritime.
14.6 Entire Agreement
These Terms, together with the applicable Order and all documents incorporated by reference
(including Starlink Policies), constitute the entire agreement between NBS Maritime and the
Customer with respect to the Services and supersede all prior agreements, representations, and
understandings relating to the same subject matter.
14.7 Relationship of Parties
Nothing in these Terms creates a partnership, joint venture, agency, employment, or trust
relationship between NBS Maritime and the Customer. Each party is an independent contractor.
14.8 Force Majeure
NBS Maritime shall not be liable for any delay or failure to perform its obligations under these
Terms to the extent caused by circumstances beyond its reasonable control, including acts of
God, severe weather, war, civil unrest, government action, satellite network failure, or failure of
third-party infrastructure providers including Starlink.

15. GOVERNING LAW AND DISPUTE RESOLUTION


15.1 Governing Law
These Terms and any dispute or claim arising out of or in connection with them, whether
contractual or non-contractual, shall be governed by and construed in accordance with the laws of
the Republic of Bulgaria and, where applicable, the law of the European Union.
15.2 Jurisdiction
The parties submit to the exclusive jurisdiction of the competent courts of Varna, Bulgaria, for the
resolution of any disputes arising out of or in connection with these Terms. Notwithstanding the
foregoing, NBS Maritime reserves the right to seek injunctive or other equitable relief in any
competent court.
15.3 Amicable Resolution
Prior to initiating formal legal proceedings, the parties agree to attempt to resolve any dispute by
good faith negotiation for a period of thirty (30) days from the date one party notifies the other of the
dispute in writing.
16. INCORPORATED STARLINK POLICIES
The following Starlink policies are incorporated into these Terms by reference and are binding
on the Customer:
• Starlink Terms of Service: https://www.starlink.com/legal/documents/DOC-1123-77823-70?regionCode=MT
• Starlink Acceptable Use Policy: https://www.starlink.com/legal/documents/DOC-1001-59234-61?regionCode=MT
• Starlink Privacy Policy: https://www.starlink.com/legal/documents/DOC-1000-41799-67?regionCode=MT
• Starlink Fair Use Policy: https://www.starlink.com/legal/documents/DOC-1134-82708-70
• Starlink Software License and Usage Terms:
https://www.starlink.com/legal/documents/DOC-1003-77580-67?regionCode=US
• Starlink Specifications: https://www.starlink.com/legal/documents/DOC-1002-69942-69
• General Starlink Legal Policies: https://www.starlink.com/legal
In the event of any conflict between these Terms and any Starlink Policy, the Starlink Policy shall
prevail to the extent of the conflict.


CUSTOMER ACKNOWLEDGEMENT AND ACCEPTANCE
By signing below, placing an Order, activating Services, or using the Equipment, the Customer
confirms that it has read, understood, and agrees to be bound by these Terms and Conditions in
their entirety, including all Starlink Policies incorporated herein by reference.

General terms and conditions of sale, delivery and performance of services

1. General


These General Terms & Conditions (the “Terms”) apply to sale and delivery of all goods (the “Products”) and performance of all services (the “Services”) from NBS Maritime Ltd. (the “Company”) to a customer (the “Customer”). The Terms shall be deemed to be expressly agreed between the Company and the Customer and shall together with the Company’s order confirmation, or accepted fixed price quotation (if no order confirmation has been issued), constitute the entire agreement between the parties regarding the Products and/or Services (the “Contract”). No other terms or conditions shall be of any effect unless otherwise specifically agreed to by the Company in a separate written agreement duly signed by the representative of the Company. Customer will be deemed to have assented to all Terms if аn order is placed by Customer with Company or if the Company’s fixed price quotation is accepted by Customer or any part of Products delivered or Services performed is accepted by the Customer. Any additional or different terms or conditions contained in Customer's order or response hereto shall be deemed objected to by Company and shall be of no effect unless otherwise expressly stated by the Company in writing. No general terms and conditions of a Customer shall at any time form a part of the content of any contract between the Customer and the Company, even if they are not further expressly rejected by the Company.

Should the Contract be entered into by any agent/trader/broker/owner/manager/operator/charterer or other person acting as an agent for an end customer (“Principal Customer”), and acting for and on behalf of the Principal Customer, whether such action is disclosed or undisclosed then such agent shall be jointly and severally liable with the Principal Customer towards Company as primary obligor for the proper performance of all obligations of the Principal Customer under the Contract. An order placed by an agent acting for and on behalf of Principal Customer with Company, resp. acceptance by the agent of the Company’s fixed price quotation shall be deemed to constitute unconditional acceptance of this clause and of the Terms by the agent and it shall be considered “Customer” for the purposes of the Terms and the Contract.

In case the Products/Services shall be delivered to a vessel (including off shore units) and the Contract has been entered into by an agent/trader/broker/manager/operator/charterer or any other person who is not the registered owner of the vessel, and such person is acting on its own behalf, then the owner and the vessel shall be jointly and severally liable for all payment obligations arising out of and in connection with the Contract. The signature of the master of the vessel or other crew memberon the delivery note shall be deemed to constitute unconditional acceptance of this clause and of the Terms by the owner of the vessel.


2. Delivery. Passing of risk


Unless a specific other INCOTERM and destination is agreed in writing between Company and Customer deliveries are ex works Company’s premises in Varna.
Notwithstanding the respective INCOTERM used in the particular order confirmation or quotation, and superseding any other contrary statement/agreement in the order confirmation or quotation all deliveries shall be effected at the risk of the Customer even if the carriage has to be performed by the Company. The risk shall pass to the Customer as soon as the shipment is ready for pick-up at Company’s premises, or has been handed over to the person carrying out the transport of the Products. Transport documents/delivery protocols certifying submission of Products from Company to the carrier are conclusive evidence of delivery irrespective of whether the person signing such documents has the authority from Customer to do so.


If the dispatch is delayed for reasons falling within the Customer’s responsibility, the risk of accidental deterioration, loss and destruction is transferred to the Company upon announcement that the Products are ready for dispatch. Without prejudice to any other rights or remedies that the Company may have under the applicable law all storage costs after passing of risk shall be borne by the Customer.


Тargeted delivery dates mentioned in any quotation or order confirmation are approximations only and do not represent any binding obligation of Company towards Customer. Company shall use its reasonable efforts to provide the Products for Customer by the agreed upon date. However, time shall not be of the essence, and except in cases of Company’s willful misconduct or gross negligence, Company shall not be liable to Customer for delays in delivery.


The Customer shall examine the Products immediately at the time of delivery. The Customer should notify the Company immediately in writing upon discovering any visual defects and/or shortcomings in the Products specifying the nature and extent of the defect or shortcomings in reasonable detail. Any observation in relation to the non-conformities and or/shortcomings should be noted by the Customer in the Products’ accompanying transport documents and/or delivery protocols. In relation to latent defects of Products existing at the time of delivery the Customer should notify the Company in writing immediately upon discovery but in any event not later than fifteen (15) days following delivery. In any event the Customer must specify the nature and extent of the defect or shortcomings in reasonable detail and must provide Company with the opportunity to verify the complaint; damaged Products and their packaging in particular must be made available to Company for inspection.


If the Company is not notified immediately as provided hereinabove after a lack of conformity/shortcomings is or should have been discovered the delivered Products are deemed approved and the Customer loses its rights to any remedy. Any claim against the Company in relation to delivery of defective Products shall be time barred if not filed with the competent court of arbitration within one (1) month after delivery.
In the event that there is a defect or shortcomings in Products for which Company is responsible and Customer have complained promptly, Company shall choose to either remedy the defect (e.g. by repair or reprocessing) or, after the return of the defective Product to Company, to deliver new, conforming Product (replacement). No further damages could be claimed by the Customer unless the Company has acted intentionally or with gross negligence.


In any event the Company shall not be held responsible for defects caused by negligence or mistreatment of the Products on Customer’s part, normal wear and tear, or failure to observe Company's maintenance, servicing or other specific instructions.


3. Prices and Payment


The prices for the Products stated in the order confirmation or fixed price quotation shall solely apply. Unless otherwise agreed upon in writing Services provided shall be invoiced separately. All prices for the Products and Services are quoted as net prices and do not include VAT and other taxes (including withholding tax if applicable), duties and/or charges unless explicitly otherwise agreed upon in writing. Said taxes, duties and/or charges shall be for the account of the Customer.


The Customer shall bear all additional transportation costs, customs clearance and other associated costs and fees, packing costs and other costs that may incur for the Company including but not limited for obtaining export licenses.


Payment shall be made in full without any set-off, deductions, counterclaims etc. Payment shall be made in the invoiced currency, net of all bank charges etc. to the Company’s bank account as stated in the invoice via bank transfer (wire transfer). Payment shall be made within fifteen (15) days from the issuance of the invoice. Payment shall be considered to have been made on the day the payable sum is received by the Company. For late payment interest will be charged at a rate of 0.1% per day over the outstanding amount. The right of the Company to claim higher actual damage remain unaffected. In case of late payment and without further demand the Company shall be entitled to receive from the Customer, and the Customer accepts to reimburse the Company, all collection costs and expenses on a full indemnity basis but with the minimum of Euro 100 for each occasion.


If, after conclusion of the Contract, any incidents which give rise to doubts about Customer’s creditworthiness shall occur (including but not limited to non-payment in due course of invoices issued by the Company for previous deliveries or non-compliance with Customer’s financial obligation from other agreements concluded between the Company and the Customer) and which endanger Customer’s payments to Company, Company may choose to defer further shipments or Services and demand prepayments or a security deposit prior to resuming Company shipment of Products or performance of Services. If the Customer does not comply with Company's demand for prepayment or for depositing a security within a reasonable period of time which shall be set by Company, Company shall be entitled to rescind the Contract and claim damages for non-performance by Customer. In case of late payment of some of the amounts due to the Company under the Contract and/or under previous Contracts all amounts (even such that would otherwise have been payable at a later date) owed by the Customer to the Company shall accelerate and become immediately due and payable, without any notice being required. Company may always at its sole discretion set-off any amount and/or charge due by Customer with any amount payable by Customer to Company.


4. Retention of Title


Notwithstanding delivery and passing of risk, and superseding the applicable INCOTERM, the ownership of the Products shall be retained by the Company and shall only be transferred to Customer when Customer has fully complied with all of its obligations contained in or arising from Contract. Where the Company has not received payment on time for the Products delivered, it retains its right to take repossession of the Products without a court order wherever they are located, without prejudice to Company’s right to compensation from Customer in connection with Customer’s default. The Customer accepts the Company’s rights to enter its premises, vessels etc. in order to take repossession.


5. Limitation of liability


The Company shall not be liable for any obvious misprints in the order confirmation or quotation. Company shall have no liability to Customer in the event of the Products infringing or being alleged to infringe intellectual property rights of any third party. In case of breach of contractual obligations, defective deliveries or tortuous acts Company shall only be obliged to compensate damages - subject to any other statutory conditions for liability - if it acted intentionally or with gross negligence. To the maximum extent permitted by the applicable law any Product shall be provided “as is” without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. The Company’s liability shall in no circumstance exceed the cost of the defective, non-conforming, damaged or undelivered Product and/or Service not performed which give rise to such liability as determined by net price invoices to Customer in respect of the particular Product or Service and the Customer shall not be entitled to claim damages. The Company shall not be liable for indirect or consequential loss or damage suffered by the Customer and/or any third party such as, but without restriction, production losses, operating losses, loss of profit, of goodwill or reputation, business loss or other costs.


6. Returns


All sales are final and no refund or credit will be offered for returned Product(s) irrespective of whether the Product(s) are the subject of a complaint or not, unless Company has agreed in writing prior to such return and the returns arrive promptly and in good condition in Company’s opinion. The Products should be returned in their original packing.


7. Force Majeure


Company shall not be responsible for delays, failures or omissions under the Contract due to any cause beyond Company's reasonable control, including, but not limited to labor disputes, war, mobilization, political disturbances, governmental intervention of various kinds, including any delay in issuance or denial of any required licenses, in particular export licenses, riots, fires, earthquakes, floods, storms, lightning, epidemics, power cuts, interference with transport, operational breakdowns, shortages or failures or delays of energy, materials, supplies or equipment, transportation embargoes or delays, acts of God, breakdown in machinery or equipment or by deficient or delayed performance on the part of Company’s suppliers, except if such event is due to Company's own misconduct.
If a Force Majeure event has lasted for more than two (2) months both parties shall be entitled to terminate the Contract in writing with immediate effect. The party so terminating the Contract, shall not be liable to the other party for any damages suffered by such party as a result of the termination.


8. Privacy


Unless otherwise expressly stipulated in writing, no information provided to Company in connection with orders shall be regarded as confidential.
Company may save and process any data relating to Customer, to the extent necessary for the purpose of the execution and implementation of the Contract and as long as Company is required to keep such data in accordance with applicable laws.
Company shall have the right to submit personal data relating to Customer to credit agencies, to the extent necessary for a credit check and to associated companies.


9. Applicable law


All Company’s Contracts with Customers, including these Terms shall be construed under and shall be governed by Bulgarian law. International purchase laws do not apply. In particular, the UN Convention on the International Sale of Goods (CISG) does not apply. Disputes arising out of or in connection with a Contract that cannot be solved amicably between the parties shall be brought before the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry. Notwithstanding the foregoing sentence, Company, at its discretion and to the extent permitted by law, may opt to bring any such dispute before or file any claim at the competent courts of the country of Customer's residence under the laws applicable to that country.


10. Miscellaneous


None of the rights or obligations of Customer under the Contract may be assigned or transferred in whole or in part without the prior written consent of Company.
The failure on the part of Company to exercise or enforce any rights conferred by the Contract shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.
Should any of the clauses of these Terms be wholly or partially invalid, the validity of the remaining clauses or parts thereof shall not be affected.