Hiretel
Terms and Conditions of portable phone rental
equipment
Hiretel–6289681
Canada Inc. (Hiretel)
and Customer (the Customer) hereby agree to
the following terms and conditions with respect
to the provision by Hiretel
to the Customer of the wireless telephone
and peripherical equipment (the Equipment)
and related services (the Services) which
are described in the Rental Agreement attached
hereto and incorporated herein by reference.
NATURE
OF THIS AGREEMENT
This agreement is solely
for the purpose of creating a bailment that
allows the Customer to use the Equipment as
permited by this agreement. Customer acknowledges
that Equipment is owned by Hiretel.
No one other than Hiretel
may transfere the Equipment, or any rights
or obligations under this Agreement.
AUTHORIZATION
Customer’s use of his or her Company
credit card (a card which contains employer’s
name) for payment of rental charges constitutes
Customer’s warranty and acknowledgement
that he/she is authorized to enter into this
Agreement on behalf of Customer’s company.
In addition, Customer agrees to be personally
responsible for costs, expenses, and charges
incurred by this rental transaction, regardless
of the form of payment.
DELIVERY
AND PICK-UP / RETURN OF EQUIPMENT
Hiretel
will deliver the Equipment to the Customer’s
specified address in working conditions.
Hiretel
will use reasonable efforts to deliver the
Equipment by the requested delivery time but
it shall not incur any liability to Customer
in the event of any delay caused by force
majeure or other circumstances beyond its
control. The Customer will accept the Equipment
when delivered on or before the delivery time
and if for any reason the Customer fails to
accept the Equipment when delivered on or
before such date the Customer shall nevertheless
be liable for the stated charge in full. Customer
agrees to return the Equipment to Hiretel
at the conclusion of the rental period in
the same conditions as when received.
This rental is for the period specified in
this agreement. Equipment is expected to be
returned to Hiretel
on the day agreement ends. Should the Agreement
end date change to a date later than specified
in the agreement, the Customer should notify
Hiretel
of that change. For every day that the Equipment
is not returned to Hiretel,
past the promised day of return, a penalty
charge of C$15 a day will be applied on top
of normal rental charges.
Hiretel
will furnish a container properly designed
for shipment of the Equipment, along with
the items necessary to return the Equipment
to Hiretel
at the conclusion of the rental period. Return
shipment will be via the same, or similar,
delivery service as used to deliver Equipment
to Customer. Shipment to and from Customer
will be charged to Customer at the plan rate
chosen for the delivery. Customer shall return
the equipment by DHL Express, Federal Express
or comparable overnight courier and in accordance
with shipping instructions provided by Hiretel
at the time of delivery of the equipment.
Should the Customer return the Equipment using
means others than specified in the instruction
provided by Hiretel
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 Equipment will continue to be charged
full rental until such missing component or
pieces are returned or replacement value of
Equipment paid. Customer assumes responsibility
if the method of return of Equipment is by
other means.
Should Customer leave or deposit Equipment
at a location not agreed to by Hiretel
in advance, Customer is liable for full costs
to return the Equipment to Hiretel,
plus any additional rental charge for Equipment
caused by delay.
COMPUTATION
AND PAYMENT OF CHARGES
Customer agrees to be responsible to Hiretel
for payments of all rental charges, airtime
charges, applicable taxes and costs associated
with all calls during the term of the rental.
Customer will pay the Rental Charges and services
from the Delivery Time until the end of the
rental period or the date all of the Equipment
specified in the rental agreement is returned
to and accepted by Hiretel,
whichever is later. Equipment rental charges
apply to full days and fraction thereof. Rental
days begin on the day Customer specifies Equipment
is needed for Customer’s Depature, and
are counted until Equipment is shipped back
to Hiretel.
Customer will pay the Call Charges plus applicable
taxes for all calls made on the Equipment
after delivery until it is returned to and
accepted by Hiretel
or received by one of its representatives.
Hiretel
may increase the Call Charges as and when
it deems appropiate. However, Hiretel
will at all times seek to provide the Customer
with reasonable notice of any impending change
as soon as it becomes practically possible.
Hiretel
is entitled to bill the Customer, on a delayed
basis, at any time after the Equipment has
been returned for any and all charges for
which the customer shall be responsible pursuant
hereto, whether or not Hiretel
is aware of such charges at the time of the
return of the Equipment. All charges are subject
to final audit. If upon final audit, an error
is found in an earlier calculation or if additional
call charges are discovered, Customer shall
pay the corrected charges or additional call
charges, in which case, Customer authorizes
Hiretel
to correct any charge card receipt or invoice
signed by Customer to reflect the correct
charges, and Customer agrees to pay such additional
charges upon request of Hiretel.
All charges and other amounts billed pursuant
to this agreement are payable in cash or credit
card by customer at conclusion of rental,
or if not computed at the conclusion of rental
then upon demand of Hiretel.
Customer may be billed or Customer’s
credit card account may be charged daily for
all estimated charges. Charges and other amounts
billed under other credit cards acceptable
to Hiretel
are payable in accordance with the terms of
the card issuer’s or Hiretel’s
statement or invoice. If payment is made with
a credit card, Hiretel
shall have the right to submit an unsigned
credit card charge form for the purpose of
transacting debits or credits to Customer’s
account, specifying that Customer’s
signature is on file. Hiretel
shall have the right to determined the method
of payment of any refund due, whether by cash,
check or issuance of a credit to credit card
account, regardless of the method by which
Customer paid for the rental charges.
Customer shall pay to Hiretel
on demand the sum of:
a)Equipment rental charges, total airtime
or meter usage charges, long distance charges,
international calls, roaming charges, pick-up
and delivery charges, administrative charges,
airtime adjustment charges (difference between
actual usage and required minimum usage),
call details, taxes and other charges computed
at the rate specified herein from the Customer
requested receive date until all Equipment
is return to Hiretel’s
rental location. Total airtime charges are
determined by the number of minutes during
which the Equipment is in use for outgoing
and incoming calls. On outgoing calls, charges
commence when the “send” button
is pressed. In the case of cellular phones,
the total number of minutes of airtime usage
is determined by reading the factory-installed,
electronic cumulative timer of the Portable
Cellular Telephone at the time Customer takes
physical possession of the Equipment and,
again, at the time the Equipment is returned
to Hiretel.
Customer shall verify initial and final meter
readings on some Motorola Cellular phones
by pressing “recall####” on the
Telephone. Each outgoing and incoming minute
is rounded to the next whole minute. Metered
minutes may vary from actual completed call
minutes. Customer understands and acknowledges
that charges may include required minimum
usage of the telephone during the rental period.
Credit will not be due or given for incompleted
or dropped calls due to battery life, atmospheric
conditions, terrain or the cellular telephone
system. By written request, a listing of numbers
called may be available or may be delayed
for phone usage in some countries. Call details
do not necessarily match the usage meter reading.
Customer’s invoice is based on the actual
calls as outlined in the Customer’s
billing statement, or the phones meter reading,
whichever is greater. Customer agrees that
payment of usage charges will not be withheld
by client pending receipt of call detail.
b)Applicable sales, use, transaction and/or
excise taxes, and any amounts charged by Hiretel
as reimbursement for taxes paid are the Customer’s
responsibility.
c)Hiretel’s
cost and expenses, including without limitation,
reasonable attorney’s fees, the fees
of any collection agency, and court cost incurred
in exercising any of its right or remedies
hereunder when enforcing any of the Terms,
conditions, or provisions hereof.
All charges are due upon receipt of invoice.
A late payment charge of 1.5% interest per
month, or 18% per year, is applicable against
all unpaid balances. All payments received
will first be applied against service charges.
Hiretel
reserves the right to collect an interim payment
for unbilled usage. Hiretel
reserves the right to suspend or terminate
the service for non-payment of the Customer’s
account, including unbilled usage. If the
Customer’s account is suspended, all
outstanding amounts must be paid in full prior
to reconnection.The Customer shall inform
Hiretel
of any disputes or disagreements with invoiced
charges within 30 days of the date of invoice.
Thereafter, the Customer will be deemed to
have waived his/her right to dispute charges.
All charges related to this agreement shall
be charged to the furnished credit card upon
shipment and invoice generation. A copy of
the invoice outlining all charges shall be
mailed to the Customer. In addition, Customer
agrees to assume personal responsibility for
all payments due to consideration of this
agreement.
ROAMING
Equipment may be used in countries covered
by our Suppliers’s roaming agreements.
The Customer is responsible for all roaming
charges, if applicable. While roaming, the
customer will be using the network of Hiretel’s
Suppliers and their partners and will therefore
be subject to the provisions for liability.
The Customer should contact customer service
at Hiretel
for clarification of roaming availability.
DEPOSIT
As condition of furnishing Equipment to Customer
for the period of time specified in this agreement
under a credit card arrangement, Customer
authorizes Hiretel
to reserve credit or process a deposit with
card issuer, or bill any rental, airtime,
other applicable charges estimated to be due
to Hiretel
prior to Equipment shipping to Customer, or
at any time during or following the rental
term.
The deposit shall be repaid to the Customer
provided all the Equipment is returned to
Hiretel
and any outstanding charges are paid at the
end of the rental Period in accordance with
these terms and conditions.
Hiretel
reserves the right to apply any deposits or
credit card pre-authorizations againts accounts
arrears. Customer authorizes Hiretel
to ask credit reporting agencies or trade
references to furnish employment and credit
information, and Customer consents to Hiretel’s
disclosure of credit information to credit
reporting agencies.
OPERATION
OF EQUIPMENT
Services are available within the current
operating range of our service provider’s
(the Suppliers) territory. Customer acknowledges
that Equipment should not be operated in a
country not specified at the time of rental.
Customer shall follow the procedures outlined
in the instruction manual(s) supplied by Hiretel,
as well as those instructions provided by
the suppliers of Services and Equipment to
Hiretel.
Hiretel
shall bear no responsibility for failure of
Customer to use the Service / Equipment in
accordance with the said instructions.
LIABILITY
REGARDING THE SERVICE
Hiretel
assumes no responsibility for any damage,
loss of property, opportunity or earnings,
personal injury, death or any other loss whatsoever
resulting from the Customer’s use of
Services and Equipment. Including, but not
limited to, the use of 411 Service. This limitation
applies to acts or omissions of Hiretel,
its Suppliers, agents, employees and all persons
for whom it may be responsible. Hiretel
does not guarantee the provision, quality
and consistency of the Service as provided
by our Carriers and is furthermore not responsible
for any interruptions, delay, inconsistencies
or failures of network or security breaches
regardless of the source of any problem including,
but not withstanding, Hiretel’s
own fault or negligence.
Hiretel
reserves the right to deactivate the Equipment
at any time and without notice to the Customer,
in the event Hiretel
detects unusually high usage or possible fraud
in accordance with general operating practices
and procedures in the cellular industry, and
Hiretel
shall have no liability whatsoever to the
Customer for such deactivation.
LOSS/FRAUD/THEFT
If Equipment / SIM cards / Internet account
is lost or stolen, customer is responsible
for all service charges until the loss or
theft is reported to Hiretel
by calling customer service at (514) 823-0023.
The Customer shall pay the manufacturer’s
full price for any Equipment which is damaged
or not returned at the end of the rental period.
In case customer had hired Theft/Loss/Damage
protection a deductible applies. If Customer
suspects or should reasonably suspect that
Equipment/ SIM cards / Internet account is
being used in unlawful or fraudulent manner,
he/she must notify Hiretel
immediately. Customer agrees to provide reasonable
co-operation in any investigation of unlawful
use of Service or Equipment.
RIGHT
TO REFUSE OR TERMINATE SERVICE
Hiretel
may refuse or terminate service without notice
for:1) providing inaccurate credit card information
to Hiretel;
2) the appeareance of misrepresentation in
relation to your service; 3) refusal of credit
card issuer to reserve credit, or process
charges for payments of any sum due to Hiretel
hereunder; 4) non payment of any amount due
to Hiretel
on other cellular account(s) for which you
are responsible; 5) your insolvency, receivership,
voluntary or involuntary banckruptcy; 6) using
service in a manner that will adversely affect
Hiretel,
or is otherwise in violation of any Federal
Communications Commission Rules or Regulations,
or State, Federal or local laws, or any country’s
law, rules or regulations.
CANCELLATION
Confirmed reservations canceled within 48
hours of shipping date, are subject to a C$30.00
cancellation fee per unit. Rentals canceled
after Equipment has been shipped are subject
to forfeiture of first week’s rental
charge, plus all shipping charges in addition
to the cancellation fee.
CONDITIONS
OF OTHER CONTRACTS
The obligations of Hiretel
and the Terms of services and sales under
these Terms and Conditions are subject to
the terms of the Agreements under which Hiretel
purchases the Services and Equipment from
Suppliers (each an “Other Contract”).
To the extent fulfillment of any obligation
under these Terms and Conditions is not possible
or permissible under an Other Contract , the
Other contract shall prevail and such obligation
shall be suspended or modified to the extent
required by the Other Contract.
ADDITIONAL
POLICIES
Hiretel
reserves the right to modify these Hiretel
Terms and Conditions at any time. Notice of
modifications to these Terms and Conditions
may be given to Customer by posting such changes
to Hiretel
website located at www.hiretel.com,
by electronic mail or by conventional mail.
SIGNATURE
ON FILE
By signing below, the Customer agrees that
for future rentals, signature on file constitutes
continuing acceptance of Hiretel
Terms and Conditions for such future rentals,
unless Hiretel
receives written notification by Customer
otherwise. An additional signature will not
be required.
APPLICABLE
LAW
This Agreement shall be governed by the law
of the Province of Quebec. Customer waives
the rights to object to such jurisdiction.
In addition, this Agreement is subject to
applicable foreign, federal and state laws
and tariffs.
GENERAL
The headings in this Agreement are for convenience
of reference only and shall not affect the
meaning or construction of Terms and Conditions
contained herein. Facsimile versions of executed
copies of this agreement shall be binding
and enforceable against the parties and have
the same force and effect as if they were
original signatures.
No waiver by Hiretel
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 transferred by the
Customer, nor can this Agreement be modified
(or any provision waved or modified) except
by written instrument signed by Hiretel
or its authorized agent. This Agreement constitutes
the entire agreement between Hiretel
and the Customer; there are no representations,
conditions, warranties, guarantees, or collateral
agreements, expressed or implied, statutory
or otherwise, concerning the use or rental
of the Equipment, other than as set forth
herein.