Conditions of Use
SatellitePhoneRentals.org (SatellitePhoneRentals.org, Inc) and the customer ("Customer") hereby agree to the following terms and conditions with respect to the provisions by SatellitePhoneRentals.org to Customer of the satellite phone and peripheral equipment, which are identified and/or described in the Phone Rental Agreement, attached to these terms and conditions.
AUTHORIZED SIGNATURE
1. If the Customer is an entity other than an individual, then the person signing the Agreement represents and warrants that the individual has been properly authorized and empowered to enter into the agreement on behalf of the entity.
DELIVERY OF SATELLITE PHONE AND EQUIPMENT
2. SatellitePhoneRentals.org will deliver the satellite phone and equipment, at its own risk, to the address designated by the customer.
3. SatellitePhoneRentals.org will use reasonable efforts to deliver the satellite phone and equipment by the requested delivery date but it shall not incur any liability to the Customer in the event of any delay caused by forces and/or other circumstances beyond its control.
4. The Customer will accept the satellite phone and equipment when delivered on or before the delivery date, and if for any reason the Customer fails to accept the package when delivered on or before such date the Customer shall nevertheless be liable for the stated Rental Charge in full, and for the proper and timely return of the satellite phone and equipment to SatellitePhoneRentals.org.
CHARGES
5. The Customer will pay the rental charge from the delivery date until the end of the rental period or the date all of the equipment specified in the rental agreement are returned to and accepted by SatellitePhoneRentals.org, whichever is later. Satellite phone and equipment rental charges apply to full days and fractions thereof.
6. The Customer will pay the charges for all calls made on the satellite phone after delivery and until it is returned to and accepted by SatellitePhoneRentals.org or by one of its representatives. SatellitePhoneRentals.org may increase the call charges as and when it deems appropriate. However, SatellitePhoneRentals.org will attempt to provide the Customer with reasonable notice of any impending change as soon as it becomes practically possible.
7. The Customer shall be billed at least one (1) minute of airtime for each incoming, outgoing, completed, incomplete or attempted call, in accordance with satellite billing practices or by written agreement.
8. The Customer is responsible for phone service and airtime charges during the entire period that the satellite phone and equipment are rented whether or not Customer personally makes the calls for which the charges are imposed.
9. SatellitePhoneRentals.org is entitled to bill the Customer, on a delayed basis, at any time after the satellite phone and equipment have been returned for any and all charges for which the Customer shall be responsible pursuant hereto, whether or not SatellitePhoneRentals.org is aware of such charges at the time of the return of the equipment. All charges and other amounts billed pursuant to this agreement are payable by the Customer at the end of the agreed upon rental period as set forth in these terms and conditions, or if not computed at the end of rental period, then upon demand mailed or faxed by SatellitePhoneRentals.org to the Customer.
10. The rental charge, the call charges and any other amounts due to SatellitePhoneRentals.org under this agreement are payable at the end of the rental period and ATI, Inc. shall be entitled to charge interest at the rate of 2% per month (or part of a month) on any overdue amounts.
LOSS AND DAMAGES
13. In the event of any loss, damage, theft or disappearance of the equipment while on rental, regardless of circumstances, the Customer shall pay to SatellitePhoneRentals.org on demand, an amount equivalent to the value of the satellite phone and equipment.
USE OF EQUIPMENT
14. Upon delivery to the Customer SatellitePhoneRentals.org will provide instructions and guidelines on the use of the satellite phone and equipment.
15. The Customer will use the satellite phone and equipment in a careful and proper manner, in accordance with the instructions, and in no other manner.
16. The customer agrees that he/she will not:
(a) Effect any repairs or modifications to the satellite phone or other rental equipment.
(b) Remove or interfere with any certification markers affixed to the satellite phone or equipment;
(c) Deface or add to the equipment in any way;
(d) Sublet or allow the use of the equipment by any third party; or
(e) Attempt to dispose of the equipment or to grant any interest in the equipment to any third party.
REPAIRS OF EQUIPMENT
17. If the equipment is not in working order when delivered or subsequently malfunctions, the Customer will notify SatellitePhoneRentals.org or its designated representative immediately.
18. SatellitePhoneRentals.org will repair or replace the telephone or equipment as soon as possible after it has been notified of the problem by the Customer and, provided the Customer is not in breach of the rental agreement, SatellitePhoneRentals.org will provide the Customer with the same or similar satellite phone or equipment as soon as possible for a period equivalent to the part of the rental period un-expired when the malfunction occurred.
19. If SatellitePhoneRentals.org finds that equipment reported as faulty is actually in working order then the Customer will pay the cost of collection and delivery of the replacement satellite phone and/or equipment.
LIABILITY
20. SatellitePhoneRentals.org warrants that the satellite phone and equipment will be in working order when delivered to the Customer but cannot be responsible for the performance of the equipment or the operation of the telephone network to which it is connected.
21. SatellitePhoneRentals.org MAKES NO OTHER WARRANTIES, GUARANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR THE SATELLITE PHONE SERVICES FURNISHED UNDER THIS AGREEMENT. SUBJECT TO THIS AGREEMENT ( see Theft & Loss Protection) THE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR AND SHALL INDENIFY AND HOLD SatellitePhoneRentals.org HARMLESS AGAINST ALL CLAIMS, DEMANDS AND LIABILITY ARISING AS A RESULT OF LEASE, POSSESSION, USE, CONDITION, OPERATION OR MISUSE OF THE EQUIPMENT OR THE SATELLITE PHONE SERVICES PROVIDED HEREUNDER WHETHER IN BREACH OF THIS AGREEMENT OR HOWEVER IT ARISES. SatellitePhoneRentals.org WILLIN NO EVENT BE RESPONSIBLE FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL CAUSED BY THE SATELLITE PHONE OR OTHER EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL.
22. The Customer shall be liable to SatellitePhoneRentals.org for all expenses, including reasonable attorney's fees, incurred in connection with any collection, repossession or other action brought to enforce SatellitePhoneRentals.org right to deactivate the satellite telephone or equipment at any time and without notice to the Customer, in the event that SatellitePhoneRentals.org rights under this agreement. SatellitePhoneRentals.org reserves the right to deactivate the satellite phone or equipment at any time and without notice to the customer, in the event that SatellitePhoneRentals.org detects unusually high usage or possible fraud in accordance with general operating practices and procedures in the satellite industry, and SatellitePhoneRentals.org shall have no liability whatsoever to the Customer for such deactivation.
OWNERSHIP
23. The rental equipment, including the transceiver and all accessories will at all times remain the property of SatellitePhoneRentals.org. The Customer acquires no rights other than temporary use. During the rental period, no service or part replacements are authorized without written approval from SatellitePhoneRentals.org. The Customer agrees that he/she has examined the equipment and that the equipment is in good working order at the time of receipt.
TERMINATION
24. Unless otherwise agreed with SatellitePhoneRentals.org the Customer shall return the satellite phone and any other rental equipment to SatellitePhoneRentals.org at the end of the rental period in good working order and in the same condition as when it was delivered to the Customer. The Customer shall return the equipment by Federal Express or comparable overnight courier to the designated SatellitePhoneRentals.org address and in accordance with shipping instructions provided by SatellitePhoneRentals.org at time of delivery of the equipment. Should the Customer return the equipment using means other than those specified in the instructions provided by SatellitePhoneRentals.org 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 package (kit) provided will continue to be charged full rental until all such missing components or pieces are returned or replacement value of the equipment is paid.
25. Should the Customer:
(a) Obtain use of the equipment by any misrepresentation or fraudulent means, or
(b) Tamper with the satellite phone meter, or
(c) Use the equipment for any illegal or improper purpose, or
(d) Otherwise commit a breach of these terms and conditions then SatellitePhoneRentals.org may, at its option and in addition to other remedies available hereunder at law or in equity, (i) terminate this agreement; (ii) immediately terminate all services to the Customer, and (iii) take immediate possession of the equipment without being obliged to repay any portion of the rental charges. No remedy of SatellitePhoneRentals.org shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.
26. The Customer shall pay the manufacturer's full retail price to SatellitePhoneRentals.org for any satellite phone or other rental equipment that is damaged or not returned at the end of the rental period.
APPLICABLE LAW
27. The laws of the State of California shall govern this agreement.
GENERAL
28. The headings in this agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.
29. No waiver by SatellitePhoneRentals.org 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 assigned or transferred by the Customer, nor can this agreement be modified (or any provision waived or modified) except by written instrument igned by SatellitePhoneRentals.org or its authorized agent. This agreement constitutes the entire agreement between SatellitePhoneRentals.org and the Customer; there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the satellite telephone, accessories or other rental equipment, other than as set forth herein.
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