Cellhire USA LLC - Rental Conditions
Cellhire USA LLC ("Cellhire") and you, as the person placing an order with Cellhire ("Subscriber"), hereby agree to the following terms and conditions (" Terms and Conditions") with respect to the provision of telecommunications equipment, including, but not limited to, wireless devices, satellite phones, SIM cards, data cards, mobile routers and peripheral equipment (collectively, the "Equipment") and related services (the "Service"). These Terms and Conditions are accepted by Subscriber upon placement of an order for Equipment, whether via Cellhire.com (the "Website") or otherwise and constitute a binding and enforceable legal agreement between the parties.
1.1 If Subscriber is an entity and not an individual, then the person accepting these Terms and Conditions represents and warrants that he/she has been properly authorized and empowered to do so on behalf of such entity.
1.2 Subscriber authorizes Cellhire to verify Subscriber's creditworthiness with a credit reporting agency at any time.
1.3 Subscriber may be eligible for special rates or benefits through a business agreement with Cellhire. If such business customer pays or is responsible for Subscriber's Usage Charges (as defined herein), Subscriber authorizes Cellhire to disclose information regarding its account to such business or its agents.
2. Delivery of Equipment
2.1 Cellhire shall deliver the Equipment at its own risk to Subscriber at the address designated by Subscriber.
2.2 Cellhire shall use reasonable efforts to deliver the Equipment by the requested delivery time but it shall not incur any liability in the event of any delay. In the event the Equipment is delivered after the requested delivery date, Subscriber's only recourse is to not accept, and/or immediately return, the Equipment.
2.3 Subscriber shall accept the Equipment when delivered on or before the requested delivery time. If, for any reason, Subscriber fails or refuses to accept the Equipment when delivered on or before such date Subscriber shall be liable for the stated Rental Charge (as defined herein) and any applicable shipping and cancellation charge.
2.4 Placement of Subscriber's order via the Website constitutes acceptance of these Terms and Conditions. If Subscriber's order is placed via telephone or any other
method, acceptance and use of the Equipment constitutes Subscriber's acceptance of these Terms and Conditions.
2.5 Subscriber shall examine the Equipment upon receipt and immediately notify Cellhire if the Equipment is not in good working order at the time of receipt or is not the Equipment ordered.
3. Return of Equipment
3.1 Unless otherwise agreed with Cellhire, Subscriber shall return the Equipment to Cellhire at the end of the Rental Period at the designated return address in good working order and in the same condition as when it was delivered to Subscriber. Subscriber shall return the Equipment in return packaging provided by Cellhire to an agent of Cellhire's designated common carrier and in accordance with shipping instructions provided by Cellhire at time of delivery of the Equipment. Should Subscriber return the Equipment using means other than those specified herein or other written instructions provided by Cellhire at the time of delivery of the Equipment, all Charges will continue to accrue, and Subscriber will remain liable for any Charges and any damage to the Equipment while the Equipment is in transit. Equipment returned with any components or pieces missing will be deemed missing and Subscriber will be charged in an amount equal to the Equipment value in accordance with Section 7 below unless Subscriber has purchased Theft & Loss Protection coverage, in which case Subscriber will be charged in accordance with Section 9 below.
4.1 Subscriber will pay the rental charges for the Equipment reflected on the Website and as invoiced by Cellhire (the "Rental Charges") from the date of delivery through the end of the rental period (the " Rental Period ") or the date that all of the Equipment ordered is returned to and accepted by Cellhire (or one of its representatives or authorized couriers), whichever is later.
4.2 Subscriber will pay the charges for all usage of the Equipment, including, but not limited to, charges for data, airtime and calls made and received on the Equipment after delivery and any other charges for Service (" Usage Charges") until the Equipment is returned to and accepted by Cellhire (or received by one of its representatives or authorized couriers), at the usage rates set out on the Website at the time the call is placed. Contact Cellhire at firstname.lastname@example.org if usage rates are not available on the Website. Cellhire may increase the usage rates at any time, as and when it deems appropriate. Posting of such increases on the Website, shall constitute sufficient notice thereof to Subscriber.
4.3 Cellhire reserves the right at all times to charge for excessive data usage and or to restrict the bandwidth of any data connection in the event that in its sole opinion the usage is high. Furthermore Cellhire may also disconnect a user either temporarily or permanently for excessive use, and in addition Cellhire may charge the customer for any such excessive usage. Examples of excessive usage may include prolonged video streaming, multiple users connecting to a wireless router and downloading large files over an extended period, and where Cellhire has incurred additional charges or been subject to a warning about exceeding a fair usage policy from the network.
4.4 Subscriber will pay for each incoming, outgoing, completed, incomplete or attempted call in full minute increments, with partial minutes rounded to the next full minute, in accordance with standard cellular billing practices.
4.5 Subscriber is responsible for Rental Charges, Usage Charges, all applicable taxes, cancellation fees, late payment fees, charges for damaged Equipment, charges for Theft & Loss Protection Coverage (if selected), shipping charges and other charges and fees (collectively, the " Charges") through the end of the Rental Period or until the Equipment is returned to Cellhire as provided herein, whichever is later, whether or not Subscriber personally uses the Equipment or makes the calls for which the Usage Charges are imposed. If Subscriber orders the Equipment and cancels the order after it is shipped but before it is received, Subscriber will be charged for shipping and cancellation fee. Cancellation after the order is received by Subscriber is prohibited.
4.6 Subscriber shall pay all Charges invoiced immediately upon generation of an invoice from Cellhire. Invoices that remain unpaid after the date of the invoice are delinquent, and Service is subject to immediate suspension or termination. Cellhire shall be entitled to charge interest at the rate of 1.5% per month on delinquent accounts. In no event will any late payment fees exceed the highest lawful rate.
4.7 Subscriber shall be liable to Cellhire for all expenses, including reasonable attorneys’ fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce Cellhire’s rights hereunder.
4.8 Subscriber must notify Cellhire in writing of any disputes regarding Charges within 30 days of receipt of the invoice containing the disputed Charge or the right to dispute the Charge will be waived.
4.9 Cellhire is entitled to invoice Subscriber, on a delayed basis, at any time after the Equipment has been returned for any and all Usage Charges incurred prior to Cellhire's receipt of the returned Equipment, whether or not Cellhire is aware of such charges at the time of the return of the Equipment. All Charges and other amounts invoiced pursuant to these Terms and Conditions are payable by Subscriber at the end of the Rental Period as set forth in Section 4.5, or if not computed or provided at the end of the Rental Period, then upon invoice or demand from Cellhire to Subscriber.
5. Form of Payment; Credit Card Charges and Authorization
5.1 Unless otherwise agreed, Subscriber shall submit information from a U.S. based credit card (the "Credit Card") when ordering the Equipment and Service. Debit cards are not acceptable. The Credit Card will be charged the amount invoiced by Cellhire automatically upon generation of an invoice. Subscriber authorizes Cellhire to charge the Credit Card for all charges incurred hereunder. Additionally, Cellhire may charge the Credit Card for Charges incurred prior to an invoice date if Charges exceed $250.00 during a billing period.
5.2 Upon placement of the order and prior to incurring any Rental or Usage Charges, Subscriber authorizes Cellhire to immediately submit a charge on the Credit Card in an amount to be determined by Cellhire (the " Authorization Amount "). Determination of the Authorization Amount is in Cellhire's sole discretion, but is anticipated to range from $250.00 to $2,250.00. The Authorization Amount is considered temporary and is used to confirm validity of and availability of credit on the Credit Card in the estimated amount of future Charges.
5.3 Cellhire may, in its sole discretion, accept non-U.S. credit card information from Subscriber, in which case Cellhire will take a cash deposit via bank account debit or check in lieu of a credit card (the " Deposit"). The Deposit will be refunded after payment in full for all Charges incurred by Subscriber is received by Cellhire. Cellhire will not be liable for any fluctuation in exchange rates during the period in which a Deposit is held.
5.4 By providing Cellhire with the Credit Card account for payment, Subscriber represents that he or she is authorized to make charges on such account.
5.5 Debit cards are not an acceptable form of payment. Cellhire disclaims any and all liability for any damages incurred by Subscriber as a result of using a debit card, including, but not limited to, NSF charges.
6. In the Event of Loss of the Equipment
6.1 In the event the equipment is lost, Subscriber must notify Cellhire immediately. Subscriber is responsible for all Usage Charges incurred on the Equipment up to the time that the provider/carrier contracted by Cellhire to provide the Service disables the Equipment.
7. Use of and Damage to Equipment
7.1 Upon delivery to Subscriber, Cellhire will provide an instruction leaflet on the use of the Equipment.
7.2 Subscriber will use the Equipment in a careful and proper manner and in accordance with the instructions and manufacturer's specifications and in no other manner. The Equipment shall be used only with SIM card included with Equipment when delivered. Subscriber shall not remove or replace any SIM card contained in the Equipment, unless specifically authorized to do so in writing by Cellhire.
7.3 Subscriber agrees that he/she will not:
7.3.1 effect any repairs or modifications to the Equipment;
7.3.2 remove or interfere with any certification markers affixed to the Equipment;
7.3.3 deface or add to the Equipment;
7.3.4 sublet or allow the use of the Equipment by any third party; or
7.3.5 attempt to dispose of the Equipment or to grant any interest in the Equipment to any third party.
7.4 In the event of any loss, damage, destruction, theft or disappearance of the Equipment subsequent to delivery to Subscriber, regardless of circumstances, Subscriber shall pay to Cellhire on demand, an amount equivalent to the value of the Equipment in accordance with Cellhire’s then-current listed equipment purchase prices. In the event the Equipment is stolen or lost, Subscriber is liable for all Call and Rental Charges on such Equipment until it is deactivated by the cellular carrier.
7.5 Subscriber shall remove all personal accounts from the Equipment prior to returning to Cellhire. These include, but are not limited to, Google Play and iTunes accounts. Equipment received with Subscriber accounts still in place is not able to be rented by Cellhire and will be returned to the Subscriber at Subscriber’s expense; Subscriber will be charged the replacement value of the Equipment.
8.1 If the Equipment is not in working order when received by Subscriber or subsequently malfunctions, Subscriber shall notify Cellhire immediately. Subscriber is responsible for and will be invoiced for all Charges incurred through the date Subscriber notifies Cellhire that the Equipment is not working.
8.2 So long as Subscriber is in compliance with these Terms and Conditions, Cellhire will repair or replace the Equipment as soon as possible after it has been notified of the problem by Subscriber and Cellhire will provide Subscriber with the same or similar equipment (which shall constitute Equipment for purposes of these Terms and Conditions) as soon as possible for a period equivalent to the unexpired portion of the Rental Period when the malfunction occurred.
8.3 If Cellhire finds that Equipment reported as faulty is in working order or is faulty as a result of violation of these Terms and Conditions, then Subscriber will pay the cost of collection and delivery of the replacement Equipment, in addition to any other Charges due hereunder.
9. Theft & Loss Protection
9.1 If Subscriber has requested and paid for Theft and Loss Protection and complied with this Section, then Subscriber will not be liable to pay for the full value of the Equipment as otherwise required in these Terms and Conditions.
9.2 This Section will only apply if (a) Subscriber requests and has paid for Theft & Loss Protection coverage and (b) the Equipment is not returned to Cellhire in accordance with the provisions of these Terms and Conditions due to theft, accidental loss or is inoperable due to accidental damage.
9.3 In order to exercise coverage under Theft and Loss Protection Subscriber shall (a) immediately notify Cellhire upon theft of or accidental loss or damage to the Equipment. and (b) pay the applicable deductible The initial notice to Cellhire should be by phone, but must be followed by written notice within 48 hours. The written notice must (a) describe in detail the facts surrounding the theft, accidental loss or accidental damage, including the date of same, and (b) identify the name of the Cellhire representative contacted immediately upon loss, as well as the date and time of such contact. Upon request, Subscriber must provide evidence of theft by submitting a copy of a written police report to Cellhire.
10.1 The Equipment, including the handset and all accessories will at all times remain the property of Cellhire. Subscriber acquires no rights other than the right of temporary use. During the Rental Period, no service or part replacements are authorized without written approval from Cellhire.
11.1 The use of the Equipment and all Service may be terminated or deactivated without notice by Cellhire upon any of the following events: (a) Cellhire has any reason to believe the Equipment was obtained by any misrepresentation or fraudulent means; (b) Cellhire has any reason to believe any meter on the Equipment has been tampered with; (c) Cellhire has any reason to believe the Equipment is or may be used for any illegal or improper purpose, or in violation of applicable laws; (d) a breach of any of these Terms and Conditions including the payment terms; or (e) detection of unusually high usage, or possible theft or fraud. Cellhire may also, at its option and in addition to other remedies available hereunder at law or in equity, take immediate possession of the Equipment without being obliged to repay any portion of the Rental Charges. Cellhire may also terminate these Terms and Conditions without any liability whatsoever in the event that Service is not available to Cellhire or becomes unavailable for any reason. No remedy of Cellhire shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.
12. Warranty, Disclaimer of Warranty, Limitation of Liability, Indemnity
12.1 Cellhire warrants that the Equipment will be in working order when it is delivered to Subscriber but is not liable for the performance of the Equipment (except as specifically provided in Section 8) or the operation of the network to which it is connected, it being acknowledged by Subscriber that Service may be temporarily interrupted (including dropped calls), delayed or otherwise limited due to a variety of causes, including without limitation transmission limitations and by atmospheric and other conditions, system capacity limitations and system and equipment failure.
12.2 Cellhire reserve the right to apply cancellation charges if the Customer cancels an order within 28 days of dispatch.
12.3 Except as provided in Section 12.1, Cellhire disclaims all warranties and conditions whether express or implied, regarding any matter, including without limitation the warranties and conditions of merchantability, title, fitness for a particular purpose, course of dealing, course of performance, usage in trade, non-infringement and that the equipment and service will be error free.
12.4 Subscriber shall be solely responsible for and shall indemnify and hold harmless Cellhire against any and all claims, demands and liability, including reasonable attorneys' fees and expenses, arising as a result of Subscriber's lease, possession, use, or misuse of the Equipment or the Service provided hereunder.
12.5 Cellhire will in no event be responsible, nor shall subscriber make any claim against Cellhire, for any liability, claim, loss, injury, damage or expense of any kind (including lost profits) whether direct, indirect or consequential caused by the equipment or the failure of the equipment to operate correctly, or at all, or delay, faultiness (such as degradation of service), failure of service or deactivation of service pursuant to these terms & conditions. If applicable state law does not allow the disclaimer of certain implied warranties the relevant portions of the above exclusions may not apply.
13. Applicable Law
13.1 These Terms and Conditions shall be deemed entered into in Dallas County, Texas and shall be governed by the laws of the State of Texas. In addition, these Terms and Conditions are subject to applicable foreign, federal and state laws and tariffs.
14.1 These Terms and Conditions can only be modified by a writing signed by an officer of Cellhire. Specifically, they cannot be modified by any Cellhire representative over the phone or by email.
14.2 The headings in these Terms and Conditions are for convenience of reference only and shall not affect the meaning or construction of the provisions contained herein.
14.3 No waiver by Cellhire of any breach of these Terms and Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
14.4 Subscriber's rights and obligations under these Terms and Conditions cannot be assigned or transferred by Subscriber, nor can they be modified or waived except by written instrument signed by Cellhire or its authorized agent. These Terms and Conditions constitute the entire agreement between Cellhire and Subscriber; there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the Equipment or the Service, other than as set forth herein.
14.5 Cellhire is not liable for any lack of privacy which may be experienced with regard to the Service. Subscriber authorizes Cellhire’s monitoring and recording of calls concerning Subscriber’s usage and the Service and consents to Cellhire’s use of automatic dialing equipment to contact Subscriber. Cellhire has the right to intercept and disclose transmissions in order to protect its rights or property and as requested by law enforcement authorities.
14.6 If the performance of any part of these Terms and Conditions by Cellhire is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, terrorist attack, or any other causes beyond the control of Cellhire, Cellhire shall be excused from performance to the extent that it is prevented, hindered or delayed by such causes.
14.7 Cellhire may assign all or part of its rights or duties under these Terms & Conditions without the notice to Subscriber, except to the extent required by law. Such an assignment releases Cellhire from all liability. Subscriber may not assign these Terms and Conditions without Cellhire's prior written consent. Subject to these restrictions, these Terms and Conditions will bind the heirs, successors, and assigns of the respective parties who will receive its benefits.