FoneRent

FoneRent Ltd - Terms & Conditions

FoneRent and the Customer hereby agree to the following terms and conditions with respect to the provision by Fonerent to the customer of the wireless device and peripheral equipment ( the equipment) and related services ( the Services) which are described in the Contract Agreement. Anyone ordering via email, the Internet or telephone will be bound the terms and conditions shown here and the details of the quote as sent by sent FoneRent. This will also include the contract term minimum. In addition, anyone receiving a FoneRent service and using the equipment will be deemed to have accepted the terms & conditions.

1. Agreement for Contract

1.1 Terms used in these Conditions which are defined in the Contract Agreement shall be construed accordingly.

1.2 The terms set out in these Conditions and in the Contract Agreement shall apply to the rental of the Equipment by FoneRent to the Customer to the exclusion of any other terms and conditions.

1.3 Reference to any statute includes any modification consolidation or re-enactment.

1.4 Any reference in the Contract Agreement or these Conditions to “month” means a period of a calendar month.

2. Commencement of Contract

2.1 FoneRent will deliver the Equipment at FoneRent's risk to the Customer at the address shown on the Contract Agreement. The Commencement Date shall be as set out on the Contact Agreement.

2.2 The Contract Period is the period from the Commencement Date until the date on which the Customer returns the Equipment in accordance with Condition 10.1 and the Contract Period will be at least the Minimum Period set out on the Quotation, (if applicable).

2.3 Risk of damage to or loss of the Equipment, how so ever caused, will pass to the Customer upon delivery.

2.4 FoneRent will use all reasonable endeavours to deliver the Equipment on the Commencement Date but will have no liability to the Customer for any delay caused by circumstances beyond FoneRent's reasonable control.

2.5 The Customer will accept the Equipment on the Commencement Date and if for any reason the Customer fails to accept the Equipment on that date the Customer shall nevertheless be liable for FoneRent’s costs associated with the loss of rental, delivery and return costs unless the Customer's failure is due to the negligent act or omission of FoneRent.

3. Charges

3.1 The Daily/Monthly Charges, the Call Charges and any other sums due to FoneRent (the "Charges") are payable;

3.1.1 In the case of Customers who pay by credit card, every month from commencement date or sooner if equipment returned before I month has lapsed or otherwise stated in FoneRent Quotation.

3.1.2 At the end of the Rental/ Contract Period if before 1 month has passed; or

3.1.3 in the case of Customers who pay by credit card, when the value of unpaid accumulated Call Charges (excluding VAT) exceeds £300 Sterling or equivalent.

3.2 The Customer will pay the Charges from the time Contract commences until:
(a) the Equipment is returned in accordance with these Conditions; or
(b) FoneRent receives notification from the Customer that the Equipment is lost or stolen.

3.3 If FoneRent does not receive all the details of Charges from third party networks before the end of the Contract Period, FoneRent may either deduct the Charges from the Deposit, or (if the Customer's Deposit has been returned), FoneRent may deduct the Charges from the Customer's credit card.

3.4 If Call Charges are increased the Customer may terminate the Agreement upon giving FoneRent 48 hours notice but termination will not take effect until FoneRent has received the Equipment from the Customer.

3.5 FoneRent shall be entitled to charge interest on any overdue amounts at the rate set out from time to time in the Late Payments of Commercial Debts (Interest) Act 1998, interest to accrue on a daily basis.

3.6 On any service used, if a client or user makes a call or uses a service that has not been quoted for, FoneRent will charge the carrier or netowrk retail rates plus 50% handling charges, unless otherwise stated in the clients quote documentation or contract.

3.7 All Charges will be subject to VAT and any other government taxes or duties as applicable.

3.8 Other rates and charges are available on request from FoneRent. However, any rates or network charges not quoted but used by a customer will be billed at the network rate plus 33% handling charges.

4. Deposit

4.1 When payment is to be made by credit card the Customer will pay the Deposit to FoneRent and no Equipment will be dispatched until the Deposit is received. FoneRent will hold the Deposit as security for the Equipment and Charges.

4.2 FoneRent may at any time during the Contract Period require an increase to the Deposit if the Customer's usage is such that FoneRent reasonably believes the Deposit is likely to be exceeded by the Charges.

4.3 FoneRent will repay the Deposit to the Customer provided all the Equipment is returned to FoneRent in the same state as when delivered, fair wear and tear accepted and defined by FoneRent, and any outstanding Charges are paid subject to Condition 4.4. FoneRent will continue to hold the Deposit or a part of the Deposit until FoneRent is reasonably satisfied that all billing information has been received and all Charges have been paid.

4.4 If the Equipment is not returned in accordance with these Conditions or any outstanding Charges remain unpaid then FoneRent may retain some or all of the Deposit (without prejudice to any other right or remedy it may have against the Customer).

5. Use of Equipment

5.1 On delivery FoneRent will provide an instruction leaflet on the use of the Equipment to the Customer. The Customer will only use the Equipment in a careful and proper manner in accordance with the instructions provided.

5.2 The Customer is not authorised to act as FoneRent's agent and the Customer will, at all times, remain liable for any use of the Equipment by any third parties.

6. Notification

6.1 If the Equipment is not in working order when delivered or subsequently breaks down the Customer will notify FoneRent immediately.

6.2 FoneRent will repair or replace the Equipment as soon as possible after the Customer notifies FoneRent and will credit the Customer with the full cost of contract for the period in which the Customer is unable to use the Equipment as the result of the fault (provided the breakdown is not due to misuse by the Customer).

6.3 If FoneRent finds that Equipment reported as faulty is in working order then the Customer will pay the cost of collection and delivery of the replacement Equipment.

6.4 The Customer must notify FoneRent immediately if the Equipment is damaged, lost or stolen.

7. Liability

7.1 FoneRent warrants that the Equipment will be in working order when it is delivered to the Customer but FoneRent has no control over the operation of the telephone network to which it is connected or the security of information transmitted on the Equipment and accordingly cannot be responsible for any failures of the telephone network or security breaches.

7.2 In the case of handset only rentals;

(a) The Customer must check coverage with their Service Provider; and
(b) FoneRent will not refund monies paid by the Customer due to lack of coverage.

7.3 FoneRent’s entire liability to the Customer, whether in contract, tort or otherwise, shall be limited to the total of the Contract Charges actually paid to FoneRent at the date the claim arose.

7.4 Nothing in this Condition 7 shall apply so as to limit or exclude FoneRent’s liability for:
(a) death or personal injury resulting from FoneRent’s negligence;
(b) breach of the terms as to title, freedom from encumbrance or quiet possession implied by the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982;
(c) any claim arising under the Consumer Protection Act 1987;
(d) fraudulent misrepresentation; or
(e) where the customer is a “Consumer” within the terms of the Unfair Contract Terms Act 1977, breach of any terms implied by the Supply of Goods and Services Act 1982

7.5 FoneRent shall not be liable to the Customer for any breach of its obligations under this Agreement, in tort or otherwise if such breach is caused by circumstances beyond its reasonable control.

8. Ownership

8.1 The Equipment shall at all times remain the property of FoneRent and the Customer shall have no rights to the Equipment except to use it in accordance with this Agreement.

8.2 Where a mobile telephone number is provided for the supply of airtime, the Customer acknowledges and agrees that it is not entitled to continued use of the telephone number associated with the Equipment after the termination of the Contract and that the wireless telephone number will be recovered by FoneRent at the end of the Contract and subsequently provided to another Customer.

9. Termination

9.1 Unless otherwise agreed with FoneRent the Customer shall return the Equipment to FoneRent at the Return Address to be arranged at the end of the Rental Period in good working order and in the same condition as when it was delivered to the Customer.

9.2 If the Customer commits a material breach of these Conditions, such as, but not limited to, using the Equipment in an improper manner and in contravention of the instructions, then FoneRent may require the return of the Equipment without being obliged to repay any portion of the Contract Charges.

9.3 Under no circumstances shall the Customer retain the Equipment under this Agreement for longer than the Contract Period without agreeing an extension of that period with FoneRent.

9.4 Insurance is subject to a deductable as per the Customer Quotation.

10. Law and Jurisdiction

10.1 This Agreement shall be governed by the Laws of England and Wales.

10.2 The courts of England and Wales shall have the non-exclusive jurisdiction to settle any disputes, which may arise out of or in connection with this Agreement.

11. General

11.1 No waiver by FoneRent of any breach of this Agreement between FoneRent and the Customer shall be considered as a waiver of any subsequent breach of the same or of any other provision.

11.2 FoneRent may disclose details of this Agreement to any person and for any purpose connected with its business. FoneRent may also disclose the contents of this Agreement to any credit reference agency.

11.3 The Customer acknowledges that in performance of this Agreement FoneRent may have to transfer data outside the EU and the Customer hereby consents to such transfer.

11.4 A person who is not a party to this Agreement is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where this Agreement expressly provides that such a person is entitled to enforce any of its terms under that Act.