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Following are the Terms & Conditions covering rental or lease
of PlanetFone.
TERMS AND CONDITIONS
PLANETFONE (PF) 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.
AUTHORIZED SIGNATURE
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 in full, and for the proper and timely
return of the cellular phone and equipment to
PLANETFONE.
CHARGES
5. The Customer is entitled to three weeks (21 days)
free of rental fees however Customer will pay standard
rental fees if the duration of three weeks (21 days) is
exceeded. The rental fees will start on the first day
after the free benefit of three weeks (21 days) and
continue 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 currier, whichever
is later. Cellular phone and equipment rental charges
apply to full days and fractions thereof.
6.
The Customer will receive $5.00 towards the airtime
charges; this will apply to both incoming and outgoing
calls. (Airtime charges vary). Customer will pay the
charges for all
calls (After the $5.00 credit is
applied) made on the cellular phone after delivery and
until it is returned to and accepted by the currier
PLANETFONE 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 service and
airtime charges 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 mailed e-mailed or faxed by
PLANETFONE to the Customer. The rental charge, the call
charges and any other amounts due to PLANETFONE under
this agreement are payable at the end of the rental
period and PF, Inc. shall be entitled to charge interest
at the rate of 2% per month (or part of a month) on any
overdue amounts.
AUTHORIZATION
10. PlanetFone will take an authorization on your
credit card. This is not a deposit, but only a hold on
the funds, lasting between 24-72 hours depending on the
issuing bank. PlanetFone maintains the right to charge
and reauthorize your credit card each time your account
balance reaches the authorization amount of $300.00.
USE OF EQUIPMENT
11. Upon delivery to the Customer PLANETFONE will
provide instructions and guidelines on the use of the
cellular phone and equipment.
12. Customer will use the cellular phone and equipment
in a careful and proper manner, in accordance with the
instructions, and in no other manner.
13. 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.
REPAIRS
OF EQUIPMENT
14. If the equipment is not in working order when
delivered or subsequently malfunctions,
15. The Customer will notify PLANETFONE or its
designated representative immediately.
16. 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.
17. 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.
LIABILITY
18. 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.
19. 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
20. (see Theft & Loss Protection) THE CUSTOMER SHALL
BE SOLELY RESPONSIBLE FOR AND SHALL INDENIFY 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.
21. 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 right to deactivate
the cellular telephone or equipment at any time and
without notice to the Customer, in the event that
PLANETFONE 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.
THEFT & LOSS PROTECTION
22.
Premium insurance (A value of $0.99 per day) which
provides full coverage theft or accidental loss or
damage has been provided for the benefit period of three
weeks (21 days) if this period of three weeks (21 days)
is exceeded, a charge of $0.99 per day will be applied
to the charges. In the event the cellular phone is lost
or stolen, the supplementary equipment will be returned
to PLANETFONE in accordance with the provisions of these
terms and conditions.
23. Customer shall immediately notify PLANETFONE 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.
OWNERSHIP
24. 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 will examine the equipment and that
the equipment is in good working order at the time of
receipt.
TERMINATION
25. 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 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.
26. 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.
APPLICABLE LAW
27. This agreement shall be governed by the laws of the
State of Nevada.
GENERAL
28. 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.
29. 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.
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.
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