PLANETFONE, Inc. ("PLANETFONE") and the customer ("Customer") hereby agree to the following terms and conditions with respect to the provisions by PLANETFONE to Customer of the cellular phone and peripheral equipment which are identified and/or described in the Phone Rental Agreement attached to these terms and conditions.
1. If the Customer is an entity other than an individual, then the person
signing the Agreement represents and warrants that the individual has been
properly authorized and empowered to enter into the agreement on behalf of
the entity.
DELIVERY OF CELLULAR PHONE AND EQUIPMENT
2. PLANETFONE will deliver the cellular phone and equipment, at its own risk,
to the address designated by the customer.
3. PLANETFONE will use reasonable efforts to deliver the cellular phone and
equipment by the requested delivery date but it shall not incur any liability
to the Customer in the event of any delay caused by forces and/or other circumstances
beyond its control.
4. The Customer will accept the cellular phone and equipment when delivered
on or before the delivery date and if for any reason the Customer fails to
accept the package when delivered on or before such date the Customer shall
nevertheless be liable for the stated Rental Charge (Rental charges will apply
only if equipment is returned after the Free Rental Offer period has passed,
or if the equipment is returned later than the rental agreement states) in
full and for the proper and timely return of the cellular phone and equipment
to PLANETFONE.
5. PLANETFONE will provide Customers a rental agreement with all applicable
rental charges listed. Rental charges will apply only if equipment is returned
after the Free Rental Offer period has passed, or if the equipment is returned
later than the rental agreement states. Rental fees will apply and be charged
on a pro-rated daily rate based on the rental rate shown on the rental agreement.
The Customer will pay the rental charge from the date when the benefit offer
passed until the end of the rental period or the date all of the equipment
specified in the rental agreement are returned to and accepted by the courier,
whichever is later. Cellular phone and equipment rental charges apply to full
days and fractions thereof.
6. The Customer will pay the charges for all calls made on the cellular phone
after delivery and until it is returned to and accepted by the courier or
by one of its representatives. PLANETFONE may increase the call charges as
and when it deems appropriate. However, PLANETFONE will attempt to provide
the Customer with reasonable notice of any impending change as soon as it
becomes practically possible.
7. The Customer shall be billed at least one (1) minute of airtime for each
incoming, outgoing, completed, incomplete or attempted call, in accordance
with cellular billing practices or by written agreement.
8. The Customer is responsible for phone equipment, airtime charges, and such
charges including rental charges (if the Free Rental Offer period was exceeded),
shipping charges, and bill itemization. Airtime charges for calls that processed
and connected would be charged based on the rates shown on the rental agreement.
Also any toll free 800 call charges for calls that are processed and connected
would also be applied. Such calls would include incoming, local or international
calls during the entire period that the cellular phone and equipment are rented
whether or not Customer personally makes the calls for which the charges are
imposed.
9. PLANETFONE is entitled to bill the Customer, on a delayed basis, at any
time after the cellular phone and equipment have been returned for any and
all charges for which the Customer shall be responsible pursuant hereto, whether
or not PLANETFONE is aware of such charges at the time of the return of the
equipment. All charges and other amounts billed pursuant to this agreement
are payable by the Customer at the end of the agreed upon rental period as
set forth in these terms and conditions, or if not computed at the end of
rental period, then upon demand e-mailed, mailed or faxed by PLANETFONE to
the Customer.
10. The rental charge, (if equipment is returned after the Free Rental Offer
period has passed, or if the equipment is returned later than the rental agreement
states) the call charges and any other amounts due to PLANETFONE under this
agreement are payable at the end of the rental period and PlanetFone shall
be entitled to charge interest at the rate of 2% per month (or part of a month)
on any overdue amounts.
11. The Free Rental Offer will not be available in Japan and or Korea. In
addition a 5% tax will apply to the rental fee and the airtime charges on
Japan and Korea phone orders
12. PLANETFONE will not charge a cancellation fee if an order is cancelled prior to shipping the equipment to the Customer. If the order is cancelled after PLANETFONE ships the equipment a $20.00 shipping fee will be applied. (Rush shipping charges and shipping charges outside the continental U.S. including Canada are additional and will vary in cost.) The Customer is responsible for the $20 return delivery fee.
13.This clause will only apply if the Customer has paid for the
Theft & Loss Protection option and if any or all of the cellular phone or
other rental equipment are not returned to PLANETFONE in accordance with the
provisions of these terms and conditions due to theft or accidental loss or
damage.
14. Customer shall immediately notify PLANETFONE of any theft, loss of or damage
to the cellular phone or other rental equipment and shall, if applicable, provide
evidence of theft by submitting a copy of a written police report to PLANETFONE
within 24 hours of the loss or theft.
15. If this clause applies then the Customer will not be liable to pay for the
value of the cellular phone or other rental equipment set forth in the rental
agreement even if the retail price of the cellular phone which would otherwise
have been payable by the Customer under this agreement. 16. The following clause
will apply if the Customer has not paid for the Theft & Loss Protection
option and if any or all of the cellular phone or other rental equipment are
not returned to PLANETFONE in accordance with the provisions.
17. If customer chooses the non premium insurance, a $75.00 deductible will
apply.
18. If the cellular phone and equipment are not returned as stated below, then
PLANETFONE at its discretion may charge the full replacement costs of the phone
and accessories, without prejudice to any other right or remedy it may have
against the Customer.
19. In the event of any loss, damage, theft or disappearance of the equipment
while on rental, regardless of circumstances, the Customer shall pay to PLANETFONE
on demand, an amount equivalent to the value of the cellular phone and equipment
as identified in the rental agreement.
20. PLANETFONE will place an authorization on the designated credit card of $300.00. If applicable, the designated credit card will be used to process cellular phone fees or charges related to the rental of the international cellular phone. This may take more than one transaction. (Charges will apply if equipment is returned after the Free Rental Offer period has passed, or if the equipment is returned later than the rental agreement states
21. Upon delivery to the Customer PLANETFONE will provide instructions
and guidelines on the use of the cellular phone and equipment.
22. The Customer will use the cellular phone and equipment in a careful and
proper manner, in accordance with the instructions, and in no other manner.
23. The customer agrees that he/she will not:
a. Effect any repairs or modifications to the cellular phone or other rental
equipment;
b. Remove or interfere with any certification markers affixed to the cellular
phone or equipment;
c. Deface or add to the equipment in any way;
d. Sublet or allow the use of the equipment by any third party; or
e. Attempt to dispose of the equipment or to grant any interest in the equipment
to any third party.
24. If the equipment is not in working order when delivered or
subsequently malfunctions, the Customer will notify PLANETFONE or its designated
representative immediately.
25. PLANETFONE will repair or replace the telephone or equipment as soon as
possible after it has been notified of the problem by the Customer and, provided
the Customer is not in breach of the rental agreement, PLANETFONE will provide
the Customer with the same or similar cellular phone or equipment as soon as
possible for a period equivalent to the part of the rental period un-expired
when the malfunction occurred.
26. If PLANETFONE finds that equipment reported as faulty is actually in working
order then the Customer will pay the cost of collection and delivery of the
replacement cellular phone and/or equipment.
27. PLANETFONE will attempt to resolve all issues with the Customer overseas
by having a technician contact the Customer to isolate the problem.
28. If PLANETFONE cannot resolve the issue with the Customer, PLANETFONE will
provide authorization via telephone and the Customer can take the mobile phone
to a repair center. If the unit can be repaired, PLANETFONE will reimburse the
charges.
29. PLANETFONE warrants that the cellular phone and equipment
will be in working order when delivered to the Customer but cannot be responsible
for the performance of the equipment or the operation of the telephone network
to which it is connected.
30. PLANETFONE MAKES NO OTHER WARRANTIES, GUARANTIES OR REPRESENTATIONS, EITHER
EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE
MERCHANTABILITY, ACCURACY, RELIABITY, CONDITION OR FITNESS FOR A PARTICULAR
PURPOSE OF THE EQUIPMENT OR THE CELLULAR PHONE SERVICES FURNISHED UNDER THIS
AGREEMENT. SUBJECT TO THIS AGREEMENT ( see Theft & Loss Protection) THE
CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR AND SHALL INDEMNIFY AND HOLD PLANETFONE
HARMLESS AGAINST ALL CLAIMS, DEMANDS AND LIABILITY ARISING AS A RESULT OF LEASE,
POSSESSION, USE, CONDITION, OPERATION OR MISUSE OF THE EQUIPMENT OR THE CELLULAR
PHONE SERVICES PROVIDED HEREUNDER WHETHER IN BREACH OF THIS AGREEMENT OR HOWEVER
IT ARISES. PLANETFONE WILL IN NO EVENT BE RESPONSIBLE FOR ANY LIABILITY, CLAIM,
LOSS, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT,
INDIRECT OR CONSEQUENTIAL CAUSED BY THE CELLULAR PHONE OR OTHER EQUIPMENT OR
THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL.
31. The Customer shall be liable to PLANETFONE for all expenses, including reasonable
attorney's fees, incurred in connection with any collection, repossession or
other action brought to enforce PLANETFONE's right to deactivate the cellular
telephone or equipment at any time and without notice to the Customer, in the
event that PLANETFONE's rights under this agreement. PLANETFONE reserves the
right to deactivate the cellular phone or equipment at any time and without
notice to the customer, in the event that PLANETFONE detects unusually high
usage or possible fraud in accordance with general operating practices and procedures
in the cellular industry, and PLANETFONE shall have no liability whatsoever
to the Customer for such deactivation.
32. The rental equipment, including the transceiver and all accessories will at all times remain the property of PLANETFONE. The Customer acquires no rights other than temporary use. During the rental period, no service or part replacements are authorized without written approval from PLANETFONE. The Customer agrees that he/she has examined the equipment and that the equipment is in good working order at the time of receipt.
33. Unless otherwise agreed with PLANETFONE the Customer shall
return the cellular phone and any other rental equipment to PLANETFONE at the
end of the rental period in good working order and in the same condition as
when it was delivered to the Customer. The Customer shall return the equipment
by Federal Express or comparable overnight courier to the designated PLANETFONE
address and in accordance with shipping instructions provided by PLANETFONE
at time of delivery of the equipment. Should the Customer return the equipment
using means other than those specified in the instructions provided by PLANETFONE
at the start of the rental, rental and other charges will continue, and the
Customer will remain liable for any damage to the equipment, while the equipment
is in transit. Packages returned with any components or pieces missing from
the package (kit) provided will continue to be charged full rental until all
such missing components or pieces are returned or replacement value of the equipment
is paid.
34. Should the Customer:
(a) obtain use of the equipment by any misrepresentation or fraudulent means,
or
(b) tamper with the cellular phone meter, or
(c) use the equipment for any illegal or improper purpose, or
(d) otherwise commit a breach of these terms and conditions then PLANETFONE
may, at its option and in addition to other remedies available hereunder at
law or in equity, (i) terminate this agreement; (ii) immediately terminate all
services to the Customer, and (iii) take immediate possession of the equipment
without being obliged to repay any portion of the rental charges. No remedy
of PLANETFONE shall be exclusive of any other remedy whether provided herein
or available at law or in equity, but shall be cumulative with other remedies.
35. The Customer shall pay the manufacturer's full retail price to PLANETFONE for any cellular phone or other rental equipment which is damaged or not returned at the end of the rental period.
36. This agreement shall be governed by the laws of the State of Nevada.
37. The headings in this agreement are for convenience of reference
only and shall not affect the meaning or construction of the terms and conditions
contained herein.
38. No waiver by PLANETFONE of any breach of this agreement shall be considered
as a waiver of any subsequent breach of the same or any other provision hereof.
39. This agreement cannot be assigned or transferred by the Customer, nor can
this agreement be modified (or any provision waived or modified) except by written
instrument signed by PLANETFONE or its authorized agent. This agreement constitutes
the entire agreement between PLANETFONE and the Customer; there are no other
representations, conditions, warranties, guarantees, or collateral agreements,
express or implied, statutory or otherwise, concerning the use or rental of
the cellular telephone, accessories or other rental equipment, other than as
set forth herein.