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This Rental Agreement sets forth the conditions on which we will provide the services offered through the tepwireless.com website ("the Website"). This Rental Agreement is a contract between you and Fonmigo Ltd ("Company"), and covers all rentals made pursuant to this Website.
BEFORE YOU CLICK ON THE "ACCEPT" BUTTON, PLEASE CAREFULLY READ THE TERMS AND CONDITIONS SET FORTH HEREUNDER. BY CLICKING ON THE "I ACCEPT" BUTTON, YOU ARE BOUND BY AND HAVE BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT CLICK "I ACCEPT" OR CONTINUE TO USE THIS WEBSITE. WE RESERVE THE RIGHT TO AMEND THIS RENTAL AGREEMENT AT ANY TIME. ANY SUCH CHANGES WILL APPLY TO FUTURE RENTALS AFTER THE DATE ON WHICH SUCH AMENDMENT GOES INTO EFFECT. |
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| nature of services |
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Company provides a smartphone (the "Smartphone") and a wireless modem rental service (the "Mobile Wi-Fi"), along with user guides and accessories (collectively the "Equipment") to travelers who plan to visit the United Kingdom or Europe. We do not offer Equipment for sale on this Website. |
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| eligibility to rent equipment |
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While our Equipment may be used by travelers of any age, we can only rent to adults who are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Rental Agreement, and to abide by and comply with the terms set forth herein. |
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| delivery |
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When you place an order to rent either the Smartphone or the Mobile Wi-Fi, we will ask you to designate an address to which such Equipment will be delivered, and will also ask for your Rental Start Date and Rental End Dates. The Equipment, along with an accompanying user guide, will then be delivered to your designated address before your arrive at your UK destination. It is your responsibility to inspect all Equipment upon receipt and to verify that it is in good working order and condition. In the event that we deliver the Equipment before your Designated Departure Date and you are not available to accept or fail to accept the delivery for any reason, then such Equipment shall still be deemed accepted and you will still be responsible for the return of the Equipment and for all charges. It is your responsibility to ensure that you are available to receive and that you accept the delivery of our Equipment. We will assume all risk of loss and damage from the delivery of the Equipment to your designated address, and will be responsible for all shipping charges. |
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| use of equipment |
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You agree to exercise reasonable care in the use of all Equipment, and to handle all Equipment in accordance with the user guide. You further agree that you will not do any of the following: (a) make repairs or modifications, or alter in any way, the Equipment; (b) remove or alter any certification markers affixed to the Equipment; (c) share the Equipment with any third party, or allow any such third party to use the Equipment, with the sole exception of a family member, companion, or friend accompanying you on your trip; (d) dispose of the Equipment; (e) grant any interest in the Equipment to any third party; or (f) use the Equipment for any illegal purpose. |
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| returns |
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All returns should be returned by the local mail service or other generally recognized courier service in accordance with our shipping instructions, and postmarked no later than two (2) days following your Rental End Date. The Equipment shall be returned in good working order and condition. You assume all risk of loss and damage from the return of all Equipment to our designated address. We therefore recommend that you choose "recorded deliveries" when possible. You agree to pay for all return shipping charges at the time of the renta. You agree to take responsibility and pay for all return shipping charges upon the return of the Equipment for any country not mentioned above. |
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| fees and charges |
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(a) Rental Charges. Rental fees for the use of our Equipment are assessed commencing as of the Rental Start Date and ending as of the postmarked date on which the Equipment is returned. Our current rental fee schedule is posted on our Website and may be amended from time to time upon prior notice. Please note that we do not apply any credit for a partial billing date; all partial days will be treated as full days for our billing purposes.
To place any reservation, we require either an advance deposit on the Equipment or a credit card to authorize the anticipated charges. Deposits will be returned upon our receipt of your Equipment following your Scheduled Rental End Date, deducting any service or damage charges or late fees, which are applied to the balance.
(b) Service Charges. Usage charges must be pre-paid according to the current airtime and data rate schedule posted to our Website. Please note that we are unable to offer the same rates in Europe that we are able to offer in the United Kingdom. All charges incurred in Europe will be subject to a higher fee schedule, as posted on our Website.
(c) Charges for Damage to the Equipment. You are solely responsible for all loss or damage to the Equipment during the Rental Period. We will bill any charges for damage at our discretion and apply them toward any deposit, or in the alternative, bill them directly to your credit card. Charges for the loss of the Equipment will be applied toward the deposit or billed to a credit card as set forth in Section 7 (d) below.
(d) Late Fees. Failure to return the Equipment (including all accessories and user guides) promptly to us will result in the incurrence of additional late charges. All returns must be postmarked on or before the first (1st) day following your Rental End Date. In the event that we fail to receive the Equipment, or any portion of the Equipment, seven (7) days after the rental end date, you will be incur a daily penalty fee until the date the Equipment is received. The daily penalty fee will be based on the average daily rental price incurred during your trip. If for any reason you are unable to return the Equipment to us, including but not limited to the Equipment being lost or stolen during the Rental Period, then you should contact us immediately, so that you do not incur additional late charges. Charges for any loss of equipment will be attributed as follows; repurchasing the device and SIM card, as well as the consequent restocking/setup fee. To this extent, a fee of £200.00 will be levied upon the customer in the event of loss of each smartphone and £100.00 pocket wifi rented. Lost car chargers will incur a charge of £5.00, lost battery chargers £15.00 and lost extra batteries £10.00. Tep will not accept replacement devices as a substitute for any of these fees. In the event of a lost smartphone or pocket wifi, any remaining balance on the account cannot be refunded, as it is linked with the SIM card.
Please note that we reserve the right to institute collection procedures against you in the event that you fail to return our Equipment to us as required by this Rental Agreement or fail to pay any service or damage charges or late fees that you incur. If it becomes necessary for us to institute collection procedures against you, you agree to pay our costs of collection, including without limitation reasonable attorneys’ fees. Any late fees that we collect will not waive any other right or remedy that may otherwise be available to you under this Agreement. |
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| insurance |
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We will make available insurance to you, which may be purchased at an additional charge and which will cover any risk of damage to our Equipment. This insurance will provide coverage for cosmetic damages to the Equipment but will exclude coverage for theft and loss, as well as for any damage which affects the performance of the Equipment. |
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| cancellation |
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You may cancel any reservation at any time at no charge on or before seven (7) days prior to your Designated Departure Date. If reservations are cancelled within six (6) days prior to the Designated Departure Date or during the Rental Period, the customer will be charged a £12.00 cancelation fee, the data and airtime consumed, the full delivery costs, and the rental fees for the period the consumer had the device. |
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| fair usage policy |
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Pocket wifi rentals
The following fair usage limits are all independent one from another and are specific to the particular pocket wifi country service.
Europe*: 50 MB per day rented or 150MB per day rented. This depends on the plan selected.
Germany: 350 MB x the total days rented. The total allowance can be consumed evenly throughout the rental period or in one sitting.
Italy:
The basic plan includes 100 MB per day. The fair usage for unlimited internet plans is 350 MB x the total days rented. The total allowance can be consumed evenly throughout the rental period or in one sitting.
Spain: Basic plans include 1GB. The fair usage for unlimited internet plans is 350 MB x the total days rented. The total allowance can be consumed evenly throughout the rental period or in one sitting.
United Kingdom: The basic plan includes 150 MB per day. The fair usage for unlimited internet plans is 400 MB x the total days rented. The total allowance can be consumed evenly throughout the rental period or in one sitting.
United States: 250MB x total rental days
* Please note Europe includes Austria, Belgium, the Czech Republic, France, Greece, Hungary, Ireland, Malta, the Netherlands, Portugal, Romania, Switzerland and Europe Multiple Country related products.
** Please note the fair usage within a 30 day rental period is capped at 5,000 MBs for all pocket wifi country services with the exception of Multi-Europe. For rental periods exceeding 30 days, fair usage limits are calculated based on 5,000 MB for 30 days, plus the aformentioned formula (specific country MB allocation x total rental days) for each additional day, up to another 5,000MB.
E.g. 10 day trip to the United Kingdom; 250 (MB) x 10 (days) = 2,500 MB available during the rental period.
Smartphone rentals
The following fair usage limits are all independent one from another and are specific to the particular smartphone country service.
Europe*: 50 megabytes ("MB") per day rented
Germany: 50 MB x total rental days
Italy: 100 MB x total rental days
Spain: 50 MB x total rental days
United Kingdom: 50MB x total rental days
United States: 250MB x total rental days
** Please note the fair usage within a 30 day rental period is capped at 2,500 MBs for all smartphone country services with the exception of Multi-Europe. For rental periods exceeding 30 days, fair usage limits are calculated based on 5,000 MB for 30 days, plus the aformentioned formula (specific country MB allocation x total rental days) for each additional day, up to another 2,500MB.
E.g. 10 day trip to the United Kingdom; 50 (MB) x 10 (days) = 500 MB available during the rental period.
The fair usage limits are thus variable depending on the duration of the rental contract, and can be consumed at the discretion of the Customer (i.e. can be used evenly throughout the rental period, or in one sitting). The aforementioned MB specifications can therefore be used as a benchmark for daily consumption to ensure enough data for the entirety of the rental period. With the exception of the European 50 MB per day pocket wifi, unused data does not expire until the end of the rental period, and is thus rolled over to the next day.
Once the limit is reached, tep reserves the right to charge further consumption as follows:
Europe - Multiple Countries: EUR 1.25 per MB
Germany: EUR 0.27 per MB
Italy: EUR 0.04 per MB
Spain: EUR 0.07 per MB
United Kingdom: £ 0.03 per MB
In the event of over-consumption, tep will make an effort to remind the Customer of their allowance, and bill the Customer at the end of the rental period accordingly. It is up to the Customer to monitor that consumption does not surpass said limits, and tep takes no responsibility for over-usage which result in surcharges. Pocket wifi devices display the exact data usage since being turned on, and is thus transparent for the Customer.
This policy will automatically apply based on the confirmed travel destination stipulated by the Customer upon entering a rental agreement with tep.
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| ownership of equipment |
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By using this service, you agree and acknowledge you are renting Equipment for travel purposes only, and that you will acquire no rights in the Equipment. You agree that we will retain all ownership of the Equipment, including but not limited to user guides and accessories. |
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| customer warranty |
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If you are renting this Equipment on behalf of an entity rather than for your own personal use, then you represent and warrant that you are fully authorized to enter into this Agreement on behalf of such entity, and to bind such entity to the terms and conditions set forth in this Rental Agreement. You further represent and warrant that you are not committing any fraud or misrepresentation in entering this Rental Agreement. |
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| company warranty |
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Company warrants that the Equipment will be delivered in good working order and condition, and that it will continue to operate properly during the term of the Rental Period. |
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| remedies |
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In the event of any failure to meet the Company Warranty set forth in Section 12 above, our sole liability and your sole and exclusive remedy will be to repair or replace the Equipment at our expense. If we replace the Equipment, you will receive the same or reasonably similar Equipment to use for the remainder of the Rental Period. It is your obligation to notify us immediately in the event that you experience any problem with your Equipment. |
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| disclaimer of warranties |
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| EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 12 ABOVE, COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ORAL OR WRITTEN, REGARDING THE EQUIPMENT OR THIS RENTAL AGREEMENT. WE MAKE NO ENDORSEMENTS REGARDING ANY THIRD PARTY LISTED IN OUR USER GUIDE, AND CANNOT WARRANT OR MAKE ANY REPRESENTATION ABOUT THE QUALITY OF THEIR SERVICES. WE CANNOT WARRANT OUR EQUIPMENT WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT IT WILL OPERATE PROPERLY ON ALL WIRELESS NETWORKS, THAT IT WILL MEET ALL OF YOUR NEEDS, OR THAT ANY THIRD PARTY SERVICES THAT YOU ACCESS THROUGH THE USER GUIDE WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR NEEDS. WE CANNOT BE RESPONSIBLE FOR THE LEGALITY, ADEQUACY, ACCURACY, QUALITY, OR OPERATION OF ANY THIRD PARTY SERVICES. COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE EQUIPMENT, OUR RENTAL SERVICES, AND ANY THIRD PARTY SERVICES ACCESSED THROUGH OUR USER GUIDE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY FOR THE USE OF THE EQUIPMENT AND FOR ANY RELIANCE ON ANY THIRD PARTY SERVICES. While we will make every effort to erase all personal information left on returned Equipment, we cannot be responsible for ensuring the protection of personal information left on returned Equipment. YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR ERASING PERSONAL INFORMATION PRIOR TO RETURNING EQUIPMENT RENTED PURSUANT TO THIS RENTAL AGREEMENT. |
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| consequential damages; limitation of liability |
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TO THE EXTENT PERMITTED BY LAW, NEITHER COMPANY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES SHALL IN ANY EVENT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OR REPLACEMENT GOODS AND SERVICES, COVER, OR RELIANCE DAMAGES, OR ANY OTHER TANGIBLE LOSS ARISING OUT OFOR IN CONNECTION WITH THIS AGREEMENT,WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WE AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Our total aggregate liability to you from all causes of action and under all theories of liability will be limited to and will not exceed the total amount of all fees paid by you under this Rental Agreement. This limitation will apply notwithstanding the failure of the essential purpose of any remedy hereunder. |
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| indemnification |
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By agreeing to this Rental Agreement, you agree to indemnify, defend, and hold harmless Company, our officers, directors, employees, independent contractors, representatives, agents, and other customers against any and all claims, demands, losses, costs, or expense, including but not limited to reasonable attorney's fees, in any way connected with (a) a breach of the terms and conditions of this Rental Agreement; and (b) any dispute between you and any third party service, which you engaged through our user guide. |
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| miscellaneous |
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We reserve the right to discontinue our rental services or terminate and/or amend this Rental Agreement at any time at our sole discretion. Expiration or termination of this Rental Agreement will not relieve you of any payment obligations hereunder. Sections 6, 7, 9, 10, 16-19 shall survive any such expiration or termination. You may not assign or transfer any of your rights or obligations under this Rental Agreement without our prior written consent. You agree that we may assign this Rental Agreement without prior notice in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the terms of this Rental Agreement, no matter how long continuing or how often repeated, shall be deemed a waiver of any subsequent breach thereof, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any provision of this Rental Agreement is held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining provisions shall not be affected by such holding. The meaning of that provision will be construed to the extent feasible, to render the provision enforceable. If no feasible interpretation will save such provision, it is to be severed from the remainder of the terms of this Rental Agreement, which are to remain in full force and effect. This Agreement contains the entire understanding of the Parties with respect to the subject matter contained herein, and shall supersede all prior agreements and understandings, whether written or oral.
Private Data
Private data in the form of usage (calls made/received, texts sent/received, data consumption) cannot be recovered by tep for a period more than one (1) week, and requests for such must be made at most one (1) week after the rental end date – requests later than this will not be processed. Any requests for a period of longer than one (1) week are up to the sole discretion of tep to accommodate or not, and tep reserves the right to levy a fee to cover the expense of such applications. These restrictions are a result of this form of private data not being held by tep; instead it is logged by the relevant mobile network operator used during the rental period. By purchasing our services, you agree to receive promotional messages relating to similar products and services we offer.
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| force majeure |
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In the event we fail to perform any obligation pursuant to this Agreement due to an "act of God," or an act of any government, terrorism, riot, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond our control, such failure shall not be deemed to be a breach of this Agreement, provided that we notify you of the existence and nature of the reason for our nonperformance and delay, and we resume performance immediately upon the conclusion of the relevant force majeure. |
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| governing law; dispute resolution |
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This Rental Agreement is governed by English Law, without regard to conflicts of law principles. All disputes arising under this Rental Agreement shall be submitted to binding arbitration in London, England, under the Rules of Arbitration for the International Chamber of Commerce by one arbitrator mutually agreed upon by you and Company in accordance with the aforementioned Rules. Costs of the arbitration, including administrative and arbitrators’ fees, shall be shared equally by you and Company. The arbitration award shall be final and each party shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review of the arbitrator’s decision is sought, the prevailing party shall be entitled to costs and reasonable attorneys’ fees. For the avoidance of doubt, all claims you bring against Company must be resolved in accordance with this Section 19. All claims filed or brought against Company contrary to this Section 19 shall be considered improperly filed. Should you file a claim contrary to this Section 19, you agree the Company may recover attorneys’ fees and costs of up to £2,000 provided that Company has notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim. |
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| rental period |
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The Rental Period commences on your rental start date ("Rental Start Date") and expires upon your designated rental end date ("Rental End Date"). |
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