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InTouch USA™ Rental Agreement's Terms and Conditions
- Terms - "Client" refers to person signing agreement and any
other party(s) involved. InTouch USA (ITU) rents client equipment identified
within agreement and in consideration thereof client agrees to the following
Terms and Conditions: All clients are completely liable for all charges.
Faxed signature on agreement serves as an original signature with all
rights thereof enforced. Presentation of false, fictitious or misleading
identification or information is an intention to commit larceny and/or
fraud. By signing this contract, client agrees to all charges and all
terms and conditions as stated. Agreement is not assignable and it constitutes
entire agreement between ITU and client. There are no other representations,
conditions, warranties, guarantees or collateral agreements, expressed
or implied, statutory or otherwise, concerning rental equipment, its
use, or this agreement, other than set forth herein. Agreement between
client and ITU is governed and interpreted by the laws of the Commonwealth
of Virginia. Client will redeem and hold ITU harmless from and against
all claims, loss, liability for any direct, special or consequential
damages as a result of client's use, custody, control, possession, operation
of equipment. Rental equipment will remain property of ITU. Client acquires
no rights other than temporary use. During rental period no change in
service, repair service or replacement part is authorized without written
approval from ITU. Operation of any radio transmitting equipment, including
cellular telephones, may interfere with the functionality of inadequately-protected
medical devices. Consult a physician or the manufacturer of the medical
device if you have any questions. Other electronic equipment may also
be subject to interference. Do not drive vehicles while operating a
wireless phone.
- Cancellation - If the order is canceled after agreement is
signed, but before equipment is shipped, a $25 or 20%, whichever is
greater, cancellation fee may be imposed. If rental is canceled after
equipment is shipped, contracted rates may apply until equipment is
received at ITU. Client is responsible for equipment, including any
usage charges or other charges incurred, until equipment is received
complete at ITU. ITU is not liable for direct, special or consequential
damages as a result of equipment, performance or use of equipment including
claims based on failure to honor a telephone reservation requested by
client. ITU may terminate agreement without notice to client at anytime.
- Billing - Rental charges can be due and payable anytime during
or after the rental period. Interim billing arranged on rentals more
than 30 days. If not, usage can be billed weekly at estimated rate of
seventy-five minutes per week. Clients' miscellaneous charges: return
check charge $50.00, credit card reversal charge $25.00, all bank wire
fees and equipment cleaning fee, up to $10 per unit, if required. Client
will be billed on a delayed basis for any charges ITU becomes aware
of after our final billing. Prepaid long distance and cellular cards
are nonrefundable. Use of credit, prepaid/debit or any type calling
cards to make international or domestic LD calls will also incur cellular
airtime charges at the contracted per minute rate indicated on page
two. All clients subject to final credit card billing. Client agrees
to pay all costs incurred in recovering equipment or collecting moneys
owed ITU including reasonable attorney's fees, collection fees, court
costs, interest and other equitable relief a court deems appropriate.
Refunds for deposits may be held up to 90 days minimum after the rental
end date to insure complete billing. Clients must notify ITU if credit
card is lost or stolen and provide replacement credit card number for
billing. House account terms are net 15 days. Any delayed payments may
incur finance charges of 2% monthly (24% per annum) until full payment
is received by ITU.
- Wireless Usage - is determined by reading all non-reset meters
on equipment. The meter reading determines final cumulative usage. Client
agrees with "meter out" stated on rental agreement and agrees to have
ITU agent record cumulative "meter in" upon return. Usage meter will
advance a minimum of one minute each time the SEND button is pushed
for all inbound and outbound calls. No credit given for dropped, static,
incomplete or busy calls. By written request, a call detail listing
of all numbers called is available 90 days after client's rental end
date ($25 minimum). Call detail does not influence usage meter reading.
No usage credit issued based on call detail. Client agrees payment of
usage charges will not be withheld pending receipt of call detail. Roamer
surcharges ($15.00 minimum), international long distance ($25.00 minimum),
message unit, user service (900, 976, 411, etc.), daily start up fees,
call delivery and operator assisted toll calls incurred in some cities
billed to client at 150% of actual charges. International long distance
calls billed to client on a delayed basis up to 120 days after rental
end date. Direct dialed one-plus continental US long distance, where
available, is included in the usage rate. 4B. GSM/SATELLITE USAGE -
most are billed based on carrier's billing records and may take up to
120 days after rental end date to confirm final billing.
- Service - Wireless service is not continuous. ITU uses wireless
service providers throughout the world and makes no warranty, express
or implied, as to merchantability, fitness of equipment for a particular
purpose, call quality or usefulness of wireless phone service. Quality
of wireless signal, especially inside buildings, will vary. Client expected
to have prior basic operational knowledge of equipment being rented.
Contact ITU immediately if there is an equipment problem. If ITU does
not hear from client at beginning of problem period, ITU assumes all
equipment is working and all charges remain.
- Equipment Loss/Damage - Client must notify ITU immediately
if equipment is lost or stolen. Lost or stolen equipment during client's
rental period, regardless of circumstances, client must reimburse ITU
the full amount as listed on info sheet. Client has 24 hours from date
of theft to provide ITU with a copy of written police report and full
replacement cost due for each unit not returned. If client signs for
"Theft Protection" (optional), half of value listed on enclosed info-sheet
per stolen unit is payable to ITU, however, full value is payable if
claims are due to unexplained loss or mysterious disappearance, war,
revolution, rebellion, illegal or dishonest acts, fraud, or confiscation
by any government or public authority. In all instances, client agrees
to pay rental charges until replacement cost and police report are received
by ITU. Theft protection is not available for satellite phones, two-way
radios or Nextel phones. In all cases, client is responsible for all
usage charges billed to phone up to and including date ITU receives
written notice from client of equipment loss and serial number is deactivated
by carrier. Missing equipment returned after seven days of claim of
loss will incur the greater of 20% restocking charge, equipment rental
rate or $20.00 minimum. Client charged replacement cost, or a percentage
thereof, for damaged equipment.
- Equipment Return - Using enclosed airbill "as is" will end
client's rental as of date equipment is given to ITU's designated delivery
service. Client responsible for all equipment packaged properly and
returned timely. Should client return equipment using means other than
enclosed pre-assigned airbill, client liable for any equipment damage
and daily rental charges while in transit. Changes in service level
at client's expense.
- Higher Usage Rate - Client usage on any wireless service provider
whose rate per minute/packet/page exceeds ITU's rate is billed at two
times ITU's cost. Equipment used outside "areas where used" on page
one of this agreement charged at a roaming or higher "usage rate per
minute".
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