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The Terms and Conditions stated herein are part of the Wireless Rental Agreement (the "Agreement") and shall govern the relationship between the Customer ("Customer") and Cellular Fantasy ("Company") with respect to the subject matter hereof. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE RETURN YOUR DEVICE(S) TO CELLULAR FANTASY WITHIN 3 DAYS OF YOUR RECEIPT THEREOF. UPON THE EARLIER OF YOUR USE OF THE SERVICE (AS DEFINED BELOW) OR THE EXPIRATION OF THE THREE-DAY PERIOD, CUSTOMER AGREES TO BE BOUND BY HEREBY.
Subject to the Terms and Conditions stated herein, Company shall provide services consistent with the normal and reasonable standards of the wireless industry (the "Services"). Services may include telecommunications services or facilities supplied by other carriers or other third parties and selected by Company at its sole option and discretion. Notwithstanding the foregoing, Company shall be responsible for billing, customer service and Service related issues. In the event that Service is interrupted, Customer's sole remedy shall be the prorate adjustment to the fixed charges for the Service of the affected device (an "Adjustment"). Notwithstanding the foregoing, an Adjustment shall only be made (i) for interruptions of more than 24 consecutive hours in duration and (ii) from the time Company receives written notice of such interruption until the termination of such interruption. No Adjustments shall be made if the interruption is caused by (i) Customer or any person using Customer's Device, including among other things, (a) failure to comply with the Device's operating instructions or (b) any breach hereunder, (ii) any act or event beyond the reasonable control of Company (a force major event), (iii) activities reasonably necessary or appropriate for the proper or improved operations of Company or (iv) signal or coverage limitations. Customer shall not use Services for any unlawful purpose (including, without limitation, violation of any applicable law, regulation or ordinance) or in a manner that reasonably could adversely affect Company's service to others.
1. Company does not guarantee voicemail delivery while roaming overseas, nor does Company issue credit for lost airtime incurred while trying to use this service.
2. Wireless and Satellite services are subject to limitations, particularly near boundaries and in remote areas. Equipment, cell site and/or satellite availability, topography and other environmental considerations also affect service which may vary significantly inside buildings. Because of the many factors that contribute to the connection of a wireless phone to a wireless or satellite network, Company does not guarantee service in all areas and does not issue credit for dropped calls.
3. Customer shall be billed for each incoming, outgoing, completed, incomplete or attempted call in full minute increments, with partial minutes rounded to the next full minute, in accordance with wireless billing practices. Calls and/or emails sent from any country are not guaranteed. Credit will not be issued for calls that were not completed. Customer is responsible for phone service and airtime charges and applicable taxes and surcharges during the entire period the Equipment is rented whether or not Customer personally makes the calls for which the charges are imposed. Calls placed to 411 Directory Assistance are $2.99 per call plus airtime.
4. Customers choosing itemized billing will receive, via facsimile or email, a copy of the bill detailing calls placed and received. Customer understands that the majority of numbers dialed while roaming in other countries use a routing number and may not be recognized. Customers who do not choose itemized billing will receive a copy of the rental receipt itemizing all charges and copies of any credit card charge or refund.
5. Customer will pay the Rental Charge from the Check Out Date until all of the Equipment specified in the Wireless Rental Agreement is returned to and accepted by Company. Equipment rental charges apply to full days and fractions thereof.
6. If the Equipment is not in working order when received by Customer or subsequently malfunctions then Customer will notify Company immediately. If Company finds that Equipment reported as faulty is in working order then Customer will pay the cost of collection and delivery of the replacement Equipment.
7. CELLULAR FANTASY MAKES NO OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR THE WIRELESS PHONE SERVICES FURNISHED UNDER THIS AGREEMENT.
Customer shall be solely responsible for and shall indemnify and hold harmless Company against all claims, demands and liability arising as a result of lease, possession use, condition, operation or misuse of the Equipment or the wireless phone services provided hereunder or otherwise arising howsoever.
COMPANY WILL IN NO EVENT BE RESPONSIBLE NOR SHALL THE CUSTOMER MAKE ANY CLAIM AGAINST COMPANY FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL CAUSED BY THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL OR DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICE) OR FAILURE OF THE SERVICES.
8. Customer shall be liable to Company for all expenses, including reasonable attorneys' fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce Company's rights under this Agreement. Company reserves the right to deactivate the Equipment at any time and without notice to Customer, in the event that Company detects unusually high usage or possible fraud in accordance with general operating practices and procedures in the wireless industry, and Company shall have no liability whatsoever to Customer for such deactivation.
9. The Equipment, including the handset and all accessories will at all times remain the property of Company. Customer acquires no rights other than temporary use. During the rental period no service or part replacements are authorized without written approval from Company. Customer agrees that he/she has examined the Equipment and that the Equipment is in good working order at the time of receipt.
10. A waiver of any part of this
agreement in one instance isn't a waiver of any other part or any other
instance. You can't assign this agreement or any of your rights or duties
under it. Company may assign all or part of this agreement or your debts
to us without notice, and you agree to make all subsequent payments as
instructed. NOTICES ARE CONSIDERED
DELIVERED WHEN WE SEND THEM BY EMAIL OR FAX TO ANY EMAIL OR FAX NUMBER
YOU'VE PROVIDED TO US, OR 3 DAYS AFTER MAILING TO THE BILLING ADDRESS WE
HAVE ON FILE FOR YOU AS LISTED ON THE WIRELESS RENTAL AGREEMENT.
If any part of this agreement, including any part of its arbitration
provisions, is held invalid, that part may be severed from this
agreement. This agreement and the documents to which it refers form the
entire agreement between us on their subjects. You can't rely on any
other documents or statements on those subjects by any sales or service
representatives, and you have no other rights with respect to service or
this agreement, except as specifically provided by law. This agreement
isn't for the benefit of any third party except our parents, affiliates,
subsidiaries, agents, and predecessors and successors in interest.