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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.

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