This is an Agreement between you (the User) and PhoneRentalChina.com (PRC) for Services, and will become effective upon completion of the Order Form.
DEFINITIONS
Agreement means these terms and conditions and any schedules attached hereto, and the Order Form, all of which are part of this Agreement and are incorporated by reference herein.
Order Form means the both the Order Form and the Agent Order Form found on the PRC Website.
Basic Charge means the charge for Services that includes the usage of the handset for the designated period and the amount of Included Airtime, but does not include any other charges.
Designated Service Area means the areas that you intend to use the phone in as designated on the Order Form.
Equipment means the mobile telephone(s) and accompanying accessories which includes the battery, sim card, and charger.
PRC Website means the website found at www.phonerentalchina.com
Included Airtime means calls made or received on the Equipment that are included in the Basic Charge. The types of calls that may be Included Airtime for each Designated Service Area shall be published on the PRC Website.
Rental Period means from the 'Start Date' until the 'End Date' as entered by User on the Order Form.
Service means Equipment and wireless communications services provided by PRC.
Start Date means the 'Start Date' entered on the Order Form.
1. Right to Use
Upon successful completion of the Order Form, PRC shall grant User the right to use the Service for the Rental Period based on the terms and conditions described in this Agreement.
2. Domestic Calling Rates
PRC rates may vary depending on the Designated Service Area and service plan and may change from time to time. A complete list of country rates is published on the PRC Website. Calls are billed in full minute increments with partial minutes rounded to the next full minute. Local calls are measured from approximately the time the called party answers until approximately the time User presses "End" or "No" or the other party disconnects from the line.
3. International Calling Rates
International calls are charged in accordance with the rates published on the PRC Website.
4. Roaming
Higher charges shall apply to services used outside of the User's Designated Service Area.
5. Email and Internet Charges
PRC phones may be Email and Internet capable. Email, Internet and SMS are charged on a pay per use basis. If User accesses any of these services User shall be charged in accordance with the rates published on the PRC website.
6. Service Availability
Service is subject to approval at our sole discretion. PRC may prevent use of service for any reason, including fraudulent calling patterns, excessive usage, billing irregularities and unlawful use. If User's credit card is invalid or payment is declined by the issuer at the time a charge is attempted, User will not be able to use the Service until the account is paid in full.
7. Charges
User is responsible for paying all charges to their account including but not limited to: basic charges, international, domestic, roaming, email, internet, sms, data, directory assistance or other fees. If User activates Service on behalf of an entity but was unauthorized to do so, User shall be personally responsible for all charges to the account and will be fully bound by this Agreement as though User had activated Service on User's own behalf.
8. Basic Charge
The Basic Charge includes free rental for the designated period and the stipulated amount of Included Airtime. If the Equipment is not received by PRC by the end of the period included in the Basic Charge, User shall be charged an additional Basic Charge and will be credited the respective amount of additional Included Airtime.
9. Billing and Payment
All charges will automatically be posted to the credit card account entered on the Order Form. User agrees that PRC is hereby authorized to deduct from the preauthorization all monies due and payable under this agreement if the credit card is declined during or after the usage period. In the event that PRC accepts from User a credit card number for the purposes of charging all monies payable hereunder to that credit card, PRC is hereby irrevocably authorized to lodge same with the credit provider for payment at the time when monies are due and payable.
10. User's Acknowledgements
User acknowledges that;
a) the Equipment is the property of PRC and this agreement does not give User any interest whatsoever in the Equipment other than the limited right to use the Equipment for the Rental Period.
b) User shall be strictly liable to PRC for any damage or loss caused to or by the Equipment for any reason whatsoever.
c) the Equipment can only operate in the areas or to the extent of the mobile telephone network to which it is linked or has access.
d) User is responsible for the payment for all charges, even though any other person used the Equipment.
11. Equipment Failure
If the Equipment malfunctions and becomes inoperable during the Rental Period, User shall return the Equipment to PRC who shall repair or replace the Equipment for the remainder of the Rental Period at the cost of PRC provided that no such malfunction or damage to the Equipment was caused by User. User shall not attempt to repair or tamper with the Equipment in any way whatsoever.
12. Loss/Replacement
If User loses or damages the Equipment, the User's liability for the Equipment loss or damage shall be limited to the amount specified in table 12.1 and is dependant upon the phone model.
Table 12.1
13. Insurance
If User purchases insurance, User shall be charged the daily insurance rate as set out on in the Order Form from the Start Date until the Equipment is received by PRC. If User has purchased insurance, then User's liability for the Equipment loss or damages shall be reduced to the amount specified in table 12.1. User must immediately report any loss or damage to PRC in order to activate call barring on the sim card/handset, and shall be responsible for all charges until such loss or damage is reported to PRC.
14. Disputes
All amounts due, including disputed amounts, must be paid by the due date regardless of the status of any objection. Disputed amounts can be addressed in the following ways: (1) by contacting PRC customer service by phone, or (2) in writing or email to the address contained on our invoice. All disputes must be received within 60 days after the date of invoice. If these requirements are not met User will waive any objections. If the desired results are not achieved after attempting to resolve disputes by telephone User must state the dispute in writing and mail to the address contained on the invoice within 60 days after the date of invoice.
15. Service Termination/Default
Default will occur where the User (a) Fails to pay any amount owed to PRC within 30 days after the date of invoice; (b) breaches any representations made to PRC; (c) fails to perform any of the promises made in this Agreement; or (d) Is subject to any proceeding under the Bankruptcy Act or similar laws. If PRC determines that a default has occurred, PRC may, without notice to User, suspend Service and/or terminate this Agreement. User agrees to pay all costs, including reasonable attorney fees, collection fees and court costs that PRC incurs in enforcing this Agreement through any legal process.
16. Cancellation of Service
Cancellations that are received more than five days prior to the start date will be subject to a гд1,500 processing fee. Cancellations can not be made less than five days prior to the start date and User will be responsible for all charges.
17. Unauthorized Use/Stolen Phone
If the Equipment is stolen or if User becomes aware of unauthorized use of the Service User must notify PRC immediately to suspend Service. User is responsible for all calls and other charges incurred using the Equipment until Service has been suspended.
18. Change to This Agreement
PRC may amend the terms of this Agreement at any time. If User does not agree to the amendment, User may terminate the Agreement immediately and will not be charged any early cancellation fee. If User uses the Service after being notified of a change, User agrees to that change. User is eligible to participate in any promotions for which User qualifies, provided that User complies with all requirements of the promotion. All billing changes will be in effect by User's next billing cycle.
19. Limitation of Liability
PRC is not liable for
(a) acts or omissions of another service provider, for information provided through the Equipment, Equipment failure or modification, or causes beyond PRC's reasonable control;
(b) service outages nor for service limitations or interruptions;
(c) any accidents or incidents which result from the use of Service by User or any other person.
This paragraph shall survive termination of this Agreement.
PRC's liability and the liability of any underlying carrier for any failure or mistake shall in no event exceed PRC's service charges during the affected period. PRC and any underlying carrier shall not be liable for
(a) any incidental, punitive or consequential damages such as lost profits, whether they be direct or consequential; or
(b) economic loss or injuries to persons or property arising from the use of service.
This paragraph shall survive termination of this Agreement.
20. Indemnification
User agrees to defend, indemnify, and hold PRC, Intiar's affiliates and representatives and any other service provider, harmless from claims or damages directly or indirectly relating to this Agreement or the use of the Equipment and Service. This paragraph shall survive termination of this Agreement.
21. No Warranties
PRC makes no express warranty regarding the Service or Equipment and disclaims any implied warranty, including any warranty of merchantability or fitness for a particular purpose. PRC does not authorize anyone to make any warranty on its behalf and User should not rely on any such statement. The only warranties given by PRC are those expressly provided herein. Nothing in the agreement shall be taken to exclude or limit such warranties or rights which cannot be so excluded or limited by statute. Where such laws permit PRC's liability for a breach of any such implied condition of warranty, such liability shall be limited to replacement repair or re-supply only. In all other respects PRC shall not be liable to User or any other person for any reason whatsoever in respect of the use of the Equipment. Notwithstanding anything set out herein, User acknowledges and agrees that PRC shall not be liable for any consequential loss or damage in respect of any cause whatsoever. In no event shall the liability of PRC, if any, for damages relating to this Agreement exceed the actual amount paid by User to PRC in accordance with this Agreement. This paragraph shall survive termination of this Agreement.
22. Privacy
PRC shall not liable for any lack of privacy User may experience while using the Service. PRC has the right to provide subscriber billing and call records and related information under certain circumstances (for example, in response to lawful process, warrants, subpoenas or to protect our rights or property.)
23. Assignment
PRC may assign all or part of this Agreement without such assignment being considered change to the Agreement, and without notice to you. PRC is then released from all liability. User may not assign this Agreement without PRC's prior written approval.
24. Force Mejeure
Neither party shall be liable to the other for failure or delay in the performance of a required obligation under this Agreement (other than a payment obligation) if such failure or delay is caused by strike, riot, fire, flood, earthquake, natural disaster, acts of terrorism or other similar cause beyond such party's reasonable control, provided that such party gives prompt written notice of such condition and resumes its performance as soon as possible, and provided further that the other party may terminate this Agreement if such condition continues for a period of one hundred eighty (180) days.
25. Governing Laws
This agreement shall be governed by and construed in accordance with the Law of People's Republic of China, and the parties submit to the non-exclusive jurisdiction of the Yichang Court of China
26. Entire Agreement
This Agreement represents the entire agreement between the User and PRC and supersedes all prior offers, contracts, agreements and representations. This Agreement supersedes all promises made to you by our customer service agents, representatives or employees. |
