PLANETFONE, Inc., and Planet Cell Rentals, LLP are Nevada based corporation; ("PLANETFONE/Planet Cell Rentals") and the customer ("Customer") hereby agree to the following terms and conditions with respect to the provisions by PLANETFONE/Planet Cell Rentals to Customer of the cellular phone and peripheral equipment which are identified and/or described in the Phone Rental Agreement attached to these terms and conditions.
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 CELLULAR PHONE AND EQUIPMENT
2. PLANETFONE/Planet Cell Rentals will deliver the cellular phone and equipment, at its own risk, to the address designated by the customer.
3. PLANETFONE/Planet Cell Rentals will use reasonable efforts to deliver the cellular 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 cellular 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 cellular phone and equipment to PLANETFONE/Planet Cell Rentals.
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 PLANETFONE/PLANET CELL RENTALS, whichever is later. Cellular 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 cellular phone after delivery and until it is returned to and accepted by the courier or by one of its representatives. PLANETFONE/Planet Cell Rentals may increase the call charges as and when it deems appropriate. However, PLANETFONE/Planet Cell Rentals 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 cellular billing practices or by written agreement.
8. The Customer is responsible for phone equipment, airtime charges, and such charges including rental charges, shipping charges, and bill itemization, credit card processing fees, any and all appropriate taxes; PLANETFONE/Planet Cell Rentals, at its sole discretion, may change any of these charges as and when it deems appropriate. However, PLANETFONE/Planet Cell Rentals will attempt to provide the Customer with reasonable notice of any impending change as soon as it becomes practically possible. Airtime charges for calls that processed and connected would be charged based on the rates shown on the rental agreement. Such calls would include incoming, local or international calls during the entire period that the cellular phone and equipment are rented whether or not Customer personally makes the calls for which the charges are imposed.
9. PLANETFONE/Planet Cell Rentals is entitled to bill the Customer, on a delayed basis, at any time after the cellular phone and equipment have been returned for any and all charges for which the Customer shall be responsible pursuant hereto, whether or not PLANETFONE/Planet Cell Rentals 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 e-mailed, mailed or faxed by PLANETFONE/Planet Cell Rentals to the Customer. If PlanetFone is purchased or merges with another company any and all current customer charges will be transfered to the new company and remain billable to the customer.
10. The rental charge the call charges and any other amounts due to PLANETFONE/Planet Cell Rentals under this agreement are payable at the end of the rental period and PlanetFone shall be entitled to charge interest at the rate of 2% per month (or part of a month) on any overdue amounts.
12. PLANETFONE/Planet Cell Rentals will not charge a cancellation fee if an order is cancelled prior to shipping the equipment to the Customer. If the order is cancelled a $150.00 cancellation fee will be applied.
LOSS OR DAMAGE OF EQUIPMENT
13. This clause will only apply if the Customer has paid for the Theft & Loss Protection option and if any or all of the cellular phone or other rental equipment are not returned to PLANETFONE/Planet Cell Rentals in accordance with the provisions of these terms and conditions due to theft or accidental loss or damage.
14. Customer shall immediately notify PLANETFONE/Planet Cell Rentals of any theft, loss of or damage to the cellular phone or other rental equipment and shall, if applicable, provide evidence of theft by submitting a copy of a written police report to PLANETFONE/Planet Cell Rentals immediately of the loss or theft.
15. If this clause applies then the Customer will not be liable to pay for the value of the cellular phone or other rental equipment set forth in the rental agreement even if the retail price of the cellular phone which would otherwise have been payable by the Customer under this agreement.
16. The following clause will apply if the Customer has not paid for the Theft & Loss Protection option and if any or all of the cellular phone or other rental equipment are not returned to PLANETFONE/Planet Cell Rentals in accordance with the provisions.
17. If the cellular phone and equipment are not returned as stated below, then PLANETFONE/Planet Cell Rentals at its discretion may charge the full replacement costs of the phone and accessories, without prejudice to any other right or remedy it may have against the Customer.
18. In the event of any loss, damage, theft or disappearance of the equipment while on rental, regardless of circumstances, the Customer shall pay to PLANETFONE/Planet Cell Rentals on demand, an amount equivalent to the value of the cellular phone and equipment as identified in the rental agreement.
19. PLANETFONE/Planet Cell Rentals is hereby authorized to charge a $300.00 DEPOSIT on the designated credit card. If applicable, the designated credit card will be used to process any additional cellular phone fees or charges related to the rental of the international cellular phone. This may take more than one transaction.
USE OF EQUIPMENT
20. Upon delivery to the Customer PLANETFONE/Planet Cell Rentals will provide instructions and guidelines on the use of the cellular phone and equipment.
21. The Customer will use the cellular phone and equipment in a careful and proper manner, in accordance with the instructions, and in no other manner.
22. The customer agrees that he/she will not:
a. Effect any repairs or modifications to the cellular phone or other rental equipment; remove or tamper with the SIM card and/or any sim card certification markers. If SIM card is removed, damaged; missing and/or tampered with in ANY MANNER, customer will be charged a minimum of $300.00 for sim card replacement; along with any other repair cost associated. IF CUSTOMER REPLACES ORIGINAL SIM WITH ANY OTHER SIM ALL OF THEY WILL BE CHARGED A MINIMUM OF $300.00.
b. Remove or interfere with any certification markers affixed to the cellular 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
23. If the equipment is not in working order when delivered or subsequently malfunctions, the Customer will notify PLANETFONE/Planet Cell Rentals or its designated representative immediately.
24. PLANETFONE/Planet Cell Rentals will repair and/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, PLANETFONE/Planet Cell Rentals will provide the Customer with the same or similar cellular phone or equipment as soon as possible for a period equivalent to the part of the rental period un-expired when the malfunction occurred.
25. If PLANETFONE/Planet Cell Rentals 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 cellular phone and/or equipment.
26. PLANETFONE/Planet Cell Rentals will attempt to resolve all issues with the Customer overseas by having a technician contact the Customer to isolate the problem.
27. If PLANETFONE/Planet Cell Rentals cannot resolve the issue with the Customer, PLANETFONE/Planet Cell Rentals will provide authorization via telephone and the Customer can take the mobile phone to a repair center. If the unit can be repaired, PLANETFONE/Planet Cell Rentals will reimburse the charges.
28. PLANETFONE/Planet Cell Rentals warrants that the cellular 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.
29. PLANETFONE/Planet Cell Rentals 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 CELLULAR PHONE SERVICES FURNISHED UNDER THIS AGREEMENT. SUBJECT TO THIS AGREEMENT ( see Theft & Loss Protection) THE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR AND SHALL INDEMNIFY AND HOLD PLANETFONE HARMLESS AGAINST ALL CLAIMS, DEMANDS AND LIABILITY ARISING AS A RESULT OF LEASE, POSSESSION, USE, CONDITION, OPERATION OR MISUSE OF THE EQUIPMENT OR THE CELLULAR PHONE SERVICES PROVIDED HEREUNDER WHETHER IN BREACH OF THIS AGREEMENT OR HOWEVER IT ARISES. PLANETFONE WILL IN 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 CELLULAR PHONE OR OTHER EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL.
30. The Customer shall be liable to PLANETFONE/Planet Cell Rentals for all expenses, including reasonable attorney's fees, incurred in connection with any collection, repossession or other action brought to enforce PLANETFONE/Planet Cell Rental's right to deactivate the cellular telephone or equipment at any time and without notice to the Customer, in the event that PLANETFONE's rights under this agreement. PLANETFONE/Planet Cell Rentals reserves the right to deactivate the cellular phone or equipment at any time and without notice to the customer, in the event that PLANETFONE detects unusually high usage or possible fraud in accordance with general operating practices and procedures in the cellular industry, and PLANETFONE shall have no liability whatsoever to the Customer for such deactivation.
31. The rental equipment, including the transceiver and all accessories will at all times remain the property of PLANETFONE/Planet Cell Rentals. The Customer acquires no rights other than temporary use. During the rental period, no service or part replacements are authorized without written approval from PLANETFONE/Planet Cell Rentals. The Customer agrees that he/she has examined the equipment and that the equipment is in good working order at the time of receipt.
32. Unless otherwise agreed with PLANETFONE/Planet Cell Rentals the Customer shall return the cellular phone and any other rental equipment to PLANETFONE/Planet Cell Rentals 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 PLANETFONE/Planet Cell Rentals address and in accordance with shipping instructions provided by PLANETFONE/Planet Cell Rentals at time of delivery of the equipment. Should the Customer return the equipment using means other than those specified in the instructions provided by PLANETFONE/Planet Cell Rentals 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.
33. Should the Customer:
(a) obtain use of the equipment by any misrepresentation or fraudulent means, or
(b) tamper with the cellular phone meter, or Sim card. or
(c) use the equipment for any illegal or improper purpose, or
(d) otherwise commit a breach of these terms and conditions then PLANETFONE/Planet Cell Rentals 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 PLANETFONE/Planet Cell Rentals shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.
34. The Customer shall pay the manufacturer's full retail price to PLANETFONE/Planet Cell Rentals for any cellular phone or other rental equipment which is damaged or not returned at the end of the rental period.
35. This agreement shall be governed by the laws of the State of Nevada.
36. 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.
37. No waiver by PLANETFONE/Planet Cell Rentals of any breach of this agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
38. 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 signed by PLANETFONE/Planet Cell Rentals or its authorized agent. This agreement constitutes the entire agreement between PLANETFONE/Planet Cell Rentals 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 cellular telephone, accessories or other rental equipment, other than as set forth herein.