Telecom Square USA Inc – Rental Agreement
The following are the Terms and Conditions for purchases of products and services from Telecom Square USA Inc. In order to place an order to our company, you must read and agree to the terms and conditions below. It is your responsibility to read and understand the terms and conditions completely and thoroughly, so please do not hesitate to contact Telecom Square USA Inc. if you have any questions.
Telecom Square USA Inc. ("TSU") and you (the "Customer") hereby agree to the following terms and conditions ("Terms and Conditions") with respect to the products and services offered by TSU to the Customer of the wireless communication device and peripheral equipment (the "Equipment"), including, but not limited to, wireless devices, SIM cards, data cards, USB modems, mobile hotspots, user guides, chargers, adapters, and related or additional services (the "Services") which are described herein or included in any agreement between the Customer and TSU for products and/or services ("Agreement").
1. Acceptance of Terms and Conditions
1.If the Customer places an order via TSU's web site (http://www.telecomsquare.co.jp/us/), this will constitute the Customer's acceptance of the Terms and Conditions. If the Customer places an order via telephone, FAX, or any other method, acceptance of the Equipment shall constitute the Customer's acceptance of these Terms and Conditions.
1.If the Customer is an entity other than an individual, the person signing the Agreement represents and warrants that he or she has been properly authorized and empowered to enter into the Agreement on behalf of such entity.
2.The Customer authorizes TSU to verify the Customer's creditworthiness with a credit reporting agency.
3. Equipment Delivery
1.An order for Equipment must be placed by the Customer before two (2) PM CST (Central Standard Time) Monday to Friday (no orders are processed on weekends) in order to be prepared for standard or overnight delivery options. If the Customer's order for the Equipment arrives after two (2) PM CST, then the Equipment order will be considered to be placed on the next business day.
2.TSU will take responsibility for the Equipment during transportation to the Customer's address as designated by the Customer.
3.Standard delivery dates are business days (non-holidays) Monday through Friday. Saturday delivery is available at additional cost.
4.TSU will make reasonable efforts to deliver the Equipment prior to the requested departure date (the date the Customer is schedule to leave the country), but it shall not incur any liability in the event of any delay caused by force majeure or other circumstances beyond its control.
5.If for any reason the Customer fails to accept the Equipment when the Equipment is delivered on or before such date, the Customer shall nevertheless be liable for the stated rental charge and any applicable cancellation charge per the Terms and Conditions in which the Equipment was ordered.
6.If the Customer is not present when the Equipment is delivered to the Customer's address, the Customer is considered to have authorized TSU and its agent or delivery company to drop off the Equipment at the Customer's shipping address. From the time the Equipment is delivered to the Customer's address, the Customer is responsible for the care of the Equipment.
7.The Customer shall examine the Equipment upon receipt and immediately notify TSU if the Equipment is not in good working order at the time of receipt or is not the Equipment ordered.
4. Return of Equipment
1.Unless otherwise agreed with TSU, the Customer shall return the Equipment to TSU at the end of the rental period at the designated return address in good working order and in the same condition as when it was delivered to the Customer. The Customer shall return the Equipment in return packaging provided by TSU to an agent of TSU's designated common carrier and in accordance with shipping instructions provided by TSU at the time of delivery of the Equipment. Should the Customer return the Equipment using means other than those specified herein or other written instructions provided by TSU at the time of delivery of the Equipment, all charges will continue to accrue, and the Customer will remain liable for any charges and any damage to the Equipment while the Equipment is in transit. Equipment returned with any components or pieces missing will be deemed missing and the Customer will be charged in an amount equal to the damage charge of the Equipment in accordance with Article 5 below unless the Customer has purchased Insurance coverage, in which case the Customer will be charged in accordance with Article 5 below.
2.From the end of the rental period, the Customer has three (3) business days to return the Equipment to TSU. Late fees begin to accrue on the fourth (4th) business day after the rental period ends.
1.Rental period means the number of days between one (1) day prior to departure date and one (1) day after return date.
2.The Customer will pay daily charges from one (1) day prior to the departure date (the date in which the Customer departs US) until one (1) day after the return date (the date in which the customer returns to US) for all of the Equipment specified in the Terms and Conditions until the Equipment is returned to and accepted in writing by TSU. The rental charges apply to full days only (not fractional days).
3.TSU is entitled to bill the Customer, on a delayed basis, at any time after the Equipment has been returned for any and all charges for which the Customer shall be responsible pursuant hereto, whether or not TSU 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 rental period, or if not computed at the end of the rental period, then upon demand given by TSU to the Customer.
4.The rental charge is charged to Customer’s credit card upon placement of customer order. Any other amounts due to TSU under this Agreement are payable at the end of the rental period. TSU shall be entitled to charge interest at the rate of 5% per month (or part month) on any overdue amounts. However, in no event will any late payment fees exceed the highest lawful rate.
5. Late payment fees occurred when customer or third parties (such as hotel staff, friends, relatives, travel agent, etc.) fail to drop off the devices at Fedex facility or visit our drop off office within the next business day after the rental ending date. Late payment fees are charged at the standard daily rate, per day/per unit.
6.Pricing. The following are the prices charged for TSU's Equipment and Services. All prices are in U.S. Dollars.
|Equipment and Services||Price||Description|
|WiFi Mobile Hotspot & Accessories|
|Unlimited Single country WiFi||$12.95 / day / unit||Wireless Mobile Hotspot charged per day.|
|EU Multi WiFI (1.0GB limit per month)||$9.95 / day / unit||EU Multi WiFi coming with 1.0GB monthly data limit.|
|Unlimited World Universal WiFi||$24.95 / day / unit|
|Extra WiFi – Battery (Regular)||$3 / day / unit|
|Extra WiFi – Battery (Max)||$6 / day / unit|
|WiFi - Late Fee||$12.95 / day||Charged per day/unit as stated in the Terms and Conditions|
|Shipping (both ways)||$29.99 / order||FedEx Ground Delivery Service (USA Domestic)|
|Overnight Shipping||$40.00 (est.)||Overnight shipping, Varies per destination and delivery time|
|International Shipping||Custom Pricing||Maybe available based on TSU's sole discretion and pricing|
|Insurance||$2.95 / day /unit||Refer to Coverage description? below for more detail.|
|Insurance Coverage Description|
|Item||Without Insurance||With Insurance||Fee Details|
|Compensation fee||100%||30% deductible||
Wifi Hotspot device & SIM:
$200 (lost, completely broken)
battery - $50
Single USB charger head - $20
Dual USB charger head - $50.00
USB Cable - $20.00
case - $30
Universal Plug - $50.00
Car Charger - $20.00
Regular - $50.00
Charger for regular battery - $30.00
Max - $80.00
Charger for Max battery - $30.00
Damages – Varies/Depends on the damage.
|Cancellation Fee||$60||After three (3) days prior rental start date|
7. If the Customer is having any difficulty with using the Services while at the destination, the Customer must notify TSU or our support center within the rental period in order to qualify for any possible refund or discount to a charge. Any refund or discount to a charge is provided solely at TSU's discretion.
8. The Customer must notify TSU in writing of any final disputes regarding charges within thirty (30) days of the receipt of the invoice, or final payment notification, containing the disputed charge, otherwise the right to dispute the Charge will be waived.
9. TSU reserves the right at all times to charge for excessive data usage and or to restrict the bandwidth of any data connection in the event that in its sole discretion the usage is high. Furthermore TSU may also disconnect a user either temporarily or permanently for excessive use, and in addition TSU may charge the Customer for any such excessive usage. Examples of excessive usage may include prolonged video streaming, multiple users connecting to a wireless router and downloading large files over an extended period, and where TSU has incurred additional charges or been subject to a warning about exceeding a fair usage policy from the network.
10. The Customer is responsible for rental charges, usage charges, all applicable taxes, cancellation fees, late payment fees, charges for damaged Equipment, charges for insurance coverage (if selected), shipping charges and other charges and fees through the end of the rental period or until the Equipment is returned to TSU as provided herein, whichever is later, whether or not the Customer personally uses the Equipment or makes the calls for which the usage charges are imposed. If the Customer orders an Equipment and cancels the order after it is shipped but before it is received, the Customer will be charged for shipping. Cancellation after the Equipment is received by the Customer is prohibited.
11. The Customer shall pay all charges invoiced by TSU at the end of the rental period or, in the case that rental period exceeds 30 days, immediately upon generation of a monthly invoice from TSU. Invoices that remain unpaid after the date of the invoice are delinquent, and the Services are subject to immediate suspension or termination. TSU shall be entitled to charge interest at the rate of 5% per month on delinquent accounts. In no event will any late payment fees exceed the highest lawful rate.
6. Payment and Forms of Payment
1.TSU may, in its sole discretion, accept a non-US credit card from the Customer, in which case TSU will take a deposit in lieu of authorization. TSU will not accept responsibility for any fluctuation in exchange rates during the period in which a deposit is held.
2.By providing TSU with a credit card, the Customer represents that he or she is authorized to make charges on such account.
3.Debit cards are not accepted form of payment.
4.TSU accepts Visa, MasterCard, Discover, and American Express.
5.At TSU's sole discretion, we may establish invoicing for corporate or other Customers.
6. The grand total of rental charges shall be charged on customers’ credit card within 24 to 48 hours after reservation is submitted unless otherwise advised by TSU. Reservation will not be fully confirmed until TSU secures the payment.
7. Use of the Equipment
1.Upon delivery to the Customer, TSU will provide instructions on the use of the Equipment by way of user guide which will be provided via a printed, electronic PDF File, or email version.
2.The Customer shall use the Equipment in a careful and proper manner and in accordance with the instructions of the user guide and in no other manner.
3.The Customer agrees that he or she will not:
1.use the rented Equipment within the United States or any country not listed in the original order for purposes other than the setup and configuration. In the event the Customer uses the Equipment within the United States or any other country not listed on the order form, TSU will charge $0.01/KB for data used. TSU reserves the right as stated in Article 5, Section 3 to charge the customer’s credit card on a delayed basis.
2.effect any repairs or modifications to the Equipment, or attempt to reverse engineer the Equipment;
3.remove or interfere with any certification markers affixed to the Equipment;
4.deface or add to the Equipment;
5.sublet or allow the use of the Equipment by any third party;
6.attempt to dispose of the Equipment, or encumber or grant any interest in the Equipment to any third party.
4.If the option for insurance has been waived, in the event of any loss, damage, theft of the Equipment during rental period, regardless of circumstances, the Customer shall pay to TSU on demand, an amount equivalent to the value of the Equipment in accordance with the damage charges in Article 5, Section 6. In the event the Equipment is stolen or lost, the Customer is liable for all call charges on such Equipment until it is deactivated by the cellular carrier.
5.During the rental period of the Equipment, the Customer should contact TSU with any trouble or customer support issues in order to provide TSU with the opportunity to resolve any difficulties.
6.TSU does not guarantee the use of voice over IP (VoIP) applications such as Skype, Google Voice, etc.
8. Loss or Damaged Equipment
1.In the event that the Equipment has been lost, damaged, stolen, or disappeared, the Customer should notify TSU (1-281-412-4515) or customer support (1-877-827-3884) immediately by phone or email (firstname.lastname@example.org).
9. Repair or Damaged Equipment
1.If the Equipment is not in working order when received by the Customer or subsequently malfunctions then the Customer shall notify TSU immediately.
2.TSU will repair or replace the Equipment as soon as possible after TSU has been notified of the problem by the Customer, and provided that the Customer is not in breach of this Agreement, TSU will provide the Customer with the same or similar equipment (which shall constitute the Equipment for purposes of this Agreement) as soon as possible for a period equivalent to the part of the rental period unexpired when the malfunction occurred.
3.If TSU finds that the Equipment reported as faulty is in working order, then the Customer shall pay the cost of collection and delivery of the replaced Equipment in addition to any handling charges occurred.
10. Theft, Loss, and Damage Protection
1.If the Customer has requested and paid for insurance, then the Customer will not be liable to pay for the full damage charge of the Equipment as otherwise required in the Article 5, Section 6.
2.This Section will only apply if (a) the Customer has requested and paid for Insurance, and (b) the Equipment is not returned to TSU in accordance with the provisions of these Terms and Conditions due to theft, accidental loss, or inoperable due to accidental damage.
3.In order to exercise this coverage under insurance, the Customer shall immediately notify TSU upon the theft or accidental loss or damage to the Equipment. This initial notice should be via phone (1-281-412-4515 or 1-877-827-3884), and also must be followed by written notice (email@example.com) within forty-eight (48) hours. The written notice shall (a) describe in detail the facts surrounding the theft, loss or damage, including the date of same, and (b) identify the name of the TSU representative contacted immediately upon loss, as well as the date and time of such contact. Upon request, the Customer must provide the evidence of theft by submitting a copy of a written police report to TSU.
1.The Equipment will at all times remain the property of TSU. The Customer has no rights other than temporary use. During the rental period, no service or part replacements are authorized without the written approval of TSU.
1.The use of the Equipment and all Services may be terminated or deactivated without notice by TSU upon any of the following events: (a) TSU has any reason to believe that the Equipment was obtained by any misrepresentation or fraudulent means; (b) TSU has any reason to believe that any meter on the Equipment has been tampered with; (c) TSU has any reason to believe that the Equipment is or may be used for any illegal or improper purpose, or in violation of applicable laws; (d) TSU detects a breach of any of these Terms and Conditions including the payment terms; or (e) TSU detects unusually high usage, or possible theft or fraud. TSU may also, at its discretion and in addition to other remedies available hereunder at law or in equity, take immediate possession of the Equipment without being obliged to repay any portion of the rental charges. TSU may also terminate these Terms and Conditions without any liability whatsoever in the event that Services are not available to TSU or becomes unavailable for any reason. No remedy of TSU shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.
2.Should the Customer (a) obtain the Equipment by any misrepresentation or fraudulent means, or (b) tamper with the Equipment, or (c) use the Equipment for any illegal or improper purpose, or in violation of applicable laws, or (d) otherwise commit a breach of these Terms and Conditions, then TSU may, at its discretion 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. TSU may also terminate this Agreement without any liability whatsoever to the Customer in the event that service is not available to TSU by a systems operator. No remedy of TSU shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.
13. Applicable Law
1.This Agreement shall be governed by the laws of the State of Texas, without giving effect to its choice of laws or provisions. Any legal action or similar proceedings shall be instituted and held in Brazoria County, Texas, and the Customer consents to the exclusive venue and jurisdiction of the courts in Texas. In addition, this Agreement is subject to applicable foreign, federal and state laws and tariffs.
14. Liability, In-Country Service, & Representations
1.Fair Usage Policy (FUP):In some countries, a Fair Usage Policy may be in place in accordance with the business practices of the local internet service provider. If an FUP is in place, it may limit the transfer of a specific amount of data over a period of time. Internet service providers commonly apply a cap on the amount of wireless data when an individual user has exceeded a certain amount of data within a specified time period, which can result in a slowdown of the connection speed. The Customer acknowledges that an FUP may be in place and accepts this possibility, and the Customer will not hold TSU liable for any FUP, slowdown, or related issues which could affect the performance of the Equipment or the Customer's usage experience.
2.TSU warrants that the Equipment will be in working order when it is delivered to the Customer, but TSU cannot be responsible for the performance of the Equipment or the operation of the networks to which the Equipment is connected. The Customer acknowledges that the Services may be temporarily interrupted (including dropped calls or weak signals), delayed, or otherwise limited due to a variety of causes, including, but not limited to, transmission limitations or interruptions, atmospheric conditions, system capacity limitations, network coverage, cell tower location, wireless signal strength, network system, or equipment failure. The Customer's particular geographic location within a country, building, or structure, as well as a variety of other related causes, may also affect the Equipment performance. The Customer is also responsible for checking the local operator’s or carrier's network coverage map (if any) to affirm that network coverage is available in the Customer's desired geographic location.
3.TSU makes no other warranties, guarantees or representations, either express or implied, regarding any matter, including, but not limited to, the merchantability, accuracy, reliability, condition or fitness for a particular purpose of the Equipment or the Services furnished under this Agreement. Except as set forth in Article 3 above, TSU does not represent that the Customer’s use of the Products or Services will be secure, timely, uninterrupted or error free or that the Services will meet the Customer’s requirements or that all errors in the Services will be corrected or that the system that makes the Services available will be free of viruses or other harmful components.
4.Subject to these Terms and Conditions, the Customer shall be solely responsible for and shall indemnify and hold harmless TSU against all claims, demands and liability arising as a result of the lease, possession, use, condition, operation or misuse of the Equipment by the Customer or third parties, or of the Services provided hereunder, whether in breach of these Terms and Conditions or otherwise arising howsoever. This indemnity provision shall survive the termination of this Agreement.
5.TSU will in no event be liable for nor shall the Customer make any claim against TSU for any liability, claim, loss, injury, damage or expense of any kind (including lost profits) whether direct, indirect, incidental or consequential caused by the Equipment or the failure of the Equipment to operate correctly or at all, or for any delay, faultiness such as degradation of the Services, or failure of the Services.
6.The Customer shall be liable to TSU 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 TSU rights under this Agreement.
7.TSU reserves the right to deactivate the Equipment at any time and without notice to the Customer, in the event that TSU detects unusually high usage or possible fraud in accordance with general operating practices and procedures in the cellular industry, and TSU shall have no liability whatsoever to the Customer for such deactivation.
1.The headings in this Agreement are for convenience of reference only and shall not affect the meaning or construction of these Terms and Conditions contained herein.
2.No waiver by TSU of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
3.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 TSU or its authorized agent. This Agreement constitutes the entire agreement between TSU and the Customer with regard to the subject matter hereof, and there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the Equipment or the Services, other than as set forth herein.
4.TSU is not liable for any lack of privacy or security which may be experienced with regard to the Services. The Customer authorizes TSU's monitoring and recording of calls or data concerning the Customer's account or the Services and consents to TSU's use of automatic dialing equipment to contact the Customer. TSU has the right to intercept and disclose transmissions in order to protect its rights or property.
These Terms and Conditions may be amended or modified by TSU in its discretion at any time by notifying the Customer of such changes either by a note on the website presented immediately after completion of the log in by the Customer, or by email to the Customer, or by any other reasonable means.