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 are subject to a C$75.00 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.

 


 

 
Copyright © 2004 6289681 Canada Inc. All rights reserved.