Terms and Conditions
Parties:1. UNO4 Phone Rental and Customer (the customer) undersigned hereby agree to the following terms and conditions.
2. The distributor shall provide to the customer and customer shall acquire (via rental unless otherwise agreed upon) from the distributor wireless equipment and telecommunication service (such as airtime and text messaging) as written in the rental agreement.
3. This customer contract is with the distributor only and not with the provider of the wireless telecommunications (Provider). The distributor has obtained the rights to provide telecommunications service to its customers from the provider. The customer herby acknowledges that the wireless services being provided is part of a contract between the distributor and provider and that the distributor does not control nor warrant the provider's services.
4. The relationship between the distributor and its customers are contractual relations to whom the Provider is not a party, and it shall not be liable for the acts or omissions of distributor towards its customers. Warranties and indemnification
5. Customer shall indemnify and hold harmless both distributor and provider from any liability for any but not limited to claims, losses, expense, or injury arising out of the lease, possession, and operation of equipment or of the telecommunication service. Not with standing, it is agreed by customer that distributor and provider do not warrant nor will be held liable or responsible for:
5.1 Damage caused to the customer when government ministries take action to shut down the network or part of due to emergency reasons.
5.2 Information that might be communicated to the Customer during its use in the telecommunications services.
5.3 Damage resulting from the services' non-availability nor do they warrant the Customer for the product and the services fitness for a particular purpose.
5.4 Temporary interruptions or outages, dropped calls for example but not limited to a third party carrier, such as calling cards and access numbers other than those specifically offered through the distributor.
5.5. Interruptions in service due to the providers inability to provide said services regardless of cause, including but no limited to bankruptcy or dissolvent of provider, stoppage due to legal proceedings, or voluntary discontinuation of service.
6. The customer assumes full risk regarding the security of the information sent by him/ her while using Data services. Term of Contract
7. Customer is deemed under contract and is bound by this agreement from the time customer order is placed with distributor or any of its agents until the final bill is satisfied to UNO4. Return of the phone does not end the terms of this agreement. Delivery, Return and Late Fees
8. The distributor shall make every reasonable attempt to deliver the equipment to the requested delivery point, by the requested time. Notwithstanding distributor shall not be liable to the customer in the event of delay caused by circumstances beyond its control.
9. Distributor retains rights of ownership of the equipment, except if distributor explicitly sells the equipment and the customer's rights are for the rental period only as per the rental agreement.
10. Upon delivery of equipment the customer shall use the equipment in a proper manner in accordance with the instructions provided and agrees not to:
10.1. Allow any third person to use the equipment.
10.2. Sell or Sublet the equipment to any other party
10.3. Repair or modify the equipment which is the sole property of the distributor
10.4. Remove, add or deface any markings or parts to the equipment
10.5. Knowingly damage or dispose the equipment
10.6. Attempt to unlock any authorization codes or reprogram any portion of the equipment which may result in the damaging of the SIM card.
10.7. Changing, removing or adjusting SIM card or replacing SIM card in any phone other than the one provided may result in roaming fees, additional charges, higher airtime rates or penalties. Using other SIM cards in the provided phone will result in similar fees and charges.
11. The customer must return phone to UNO4 office or the agent location where phone was picked up from within 48 hours of customer return from travel. Customer may send the phone using any courier service however package must be postmarked within 48 hours of customer return. A tracking number and insurance of no less than $100 must be obtained for phones returned by mail or courier.
12. A minimum of $4.00 per day late fee shall apply for all phones not returned or postmarked within the 48 hours of return from origin. A minimum $350.00 charge will apply for phones not returned within or postmarked within 30 days of return from origin and customer may not choose to exercise the insurance option after 30 days. Rates, Deposits and Billing Practices
13. Customer shall provide a valid credit card as part of the rental process or by other means and herby authorizes distributor to use that credit card or any subsequent credit cards obtained in accordance with this rental agreement.
14. Customer shall deposit with the distributor the amount and through the means indicated in the rental agreement. This deposit shall be released to customer at the end of the rental period provided that all charges to the customer have been satisfied and the equipment has been returned to the distributor undamaged. During the rental period distributor at its own discretion retains the right to employ the deposit.
15. Distributor shall be authorized to charge the provided credit card as follows:
15.1. All fixed fees including but not limited to full rental fees, shipping, setup fees for services, pre paid international airtime (where applicable), accessories, at the fulfillment of the order.
15.2. Usage charges for world phones shall be billed using a revolving credit line concept. The customer's credit card shall be charged each time the usage balance reaches the max of the revolving line. The default revolving line shall be $100 per rental unless otherwise stated in writing. Thus it is agreed upon by customer that credit card on file may be billed multiple times per rental.
15.3. Usages for US Phone rental shall be billed in accordance with the rental agreement, such that, domestic calls shall be included in the rental price unless otherwise stated, in which case the billing practice shall follow the practice of world phone usages. International calls shall be billed at the time of order fulfillment on a pre paid basis and subsequent purchases of air time added to the credit card on file.
15.4. At close of rental, a final charge shall be computed for but not limited to all unbilled usage charges, rental charges, late fees, damage, return shipping, accessories and any other charges as part of this rental agreement and billed to the credit card on file.
16. Distributor shall make every effort to deliver to customer the invoice at close of rental; however can not be held responsible for undeliverable mail, returned emails, illegible applications or any other reason for a failure of delivery of the invoice. Customer is responsible to pay the bill and holds no claim for non payment on account of not receiving the invoice.
17. Customer shall be billed by and shall pay to distributor said bill in accordance with this agreement and it is herby agreed to by the parties that:
17.1. Customer will follow the directions available at the time phone is received or by calling the distributor and is available online at www.uno4.com.
17.2. Telephony charges are in full minute increments, with partial minute rounded to the next full minute. SMS/ text messaging billed per message.
17.3. All taxes and fees relating to the telecommunication, rental, and service shall be added to the customer invoice and charged to the authorized credit card.
17.4. The distributor may increase its charges at any time without prior notice, but will seek to provide the customer with reasonable notice of such changes.
18. The customer is obligated to pay to the distributor
18.1. whether or not the customer is the user of the service or whether the phone is actually used; for all rental fees, shipping, call charges and for all call types including but not limited to land line, long distance, international, cellular, voice mail and SMS and related service charges from the delivery of equipment until the return and acceptance of said equipment to and by the distributor.
18.2. For all service and it is assumed that all services are accepted unless customer specifies otherwise in writing either on the application/ rental agreement or separate correspondence.
19. Notwithstanding the requirement of credit cards or other payment terms herein, distributor reserves the right to collect from customer all monies owed by any means available by law. Default, Breach, Right to Cancel
20. The customer shall be deemed in breach of this contract from the moment it violates any part of this agreement. Breach of contract shall never remove customer's obligations under this contract. Customer shall remain in full obligation even if deemed in breach until such obligations have been satisfied to the distributor in full.
21. At its own discretion the distributor reserves the right without notice to the customer to cancel the service and disconnect service for any reason, including possible fraud. If the customer fails to make payment, violates or is in breach of any part of this agreement, service can be terminated without notice. After any disconnect, applicable reconnect fees will apply.
22. At the distributors discretion it may choose to settle accounts or issue courtesy credits or allow for payment plans. Distributor reserves the right to rescind these offers or credits if and when the customer does not meet the agreed terms of the credits, payment plans or settlements. Loss, Damage and Repair
23. If service or repair is required for the equipment provided in this agreement, the customer shall immediately notify only the authorized UNO4 call center and/ or repair center for service. If the call center refers customer to the authorized service center, customer shall deliver said equipment for repair. Repair or replacement of equipment will be determined by the authorized service center as soon as possible, as long as customer is not in breach of contract. The repair and warranty shall be in effect only for normal malfunctions and not for damage caused by customer due to neglect, or misuse, in which case customer shall be responsible for repair cost.
24. In case of loss or theft of equipment, customer shall immediately notify distributor. Customer shall be liable for all charges to the telephone until the distributor disconnects the phone after receiving customer's notice of loss or theft. Replacement of phone will require a deductible which shall be determined by the distributor and shall be no less than $100.00. Neither while waiting for service, repair or replacement the distributor nor shall the provider have any obligation to the customer. The insurance and deductible payment covers the phone itself and does not cover any calls or services used before the phone is returned or disconnected.
25. Customer shall be responsible for damage or loss of the equipment or accessories and shall pay the retail price for such loss. Privacy 26. The customer waives all privacy rights regarding all information retained by the company and distributor concerning the use of the phone, including but not limited to the calls, Internet, other telecommunications services and payments by the customer. The distributor or company may use this information in any database it chooses and for the purposes of, but not limited to, locating a customer, collections and locating missing phones. Please see our privacy for web site privacy policies.
Governing Laws and Statement of Jurisdiction
27. Customer agrees to be bound by and to the jurisdiction of the courts of Kings County in New York and herby agrees to have said court preside over all matters of collection and dispute in connection with this agreement. UNO4 reserves the right at it's discretion to seek the jurisdiction of other courts if and when it sees it fit to do so. Customer relinquishes any rights to other jurisdiction regardless of customer role in the dispute.
28. In the even in which any legal action is deemed required at the sole discretion of the distributor, customer shall pay to the distributor for all expenses including but not limited to attorney's fees, court costs, and collection costs incurred by the distributor for any action to enforce any of its rights under this agreement.
29. When it should be found that any part of this agreement shall be in conflict with any laws this agreement is herby adjusted to fit with the law with as little change to the terms as deemed appropriate by the courts.
30. No challenges to the legality any one part of this agreement shall in anyway alter the remainder of this agreement or its enforceability.
31. The headers of this agreement are in now way definitions or interpretations and are in place for the sole purpose of organization.
Subject to change. Please read carefully.