Cellhire PLC - Rental Conditions
1. Agreement for Rental
1.1 The terms set out in these Conditions, the Quote and any Confirmation of Order (together the "Agreement") shall apply to the rental of the Equipment by Cellhire to the Customer to the exclusion of any other terms and conditions.
1.2 Reference to any statute includes any modification, consolidation or re-enactment.
2. Commencement of Rental
2.1 Cellhire will deliver the Equipment at Cellhire's risk to the Customer at the address shown on the Confirmation of Order. The Commencement Date shall be as set out on the Confirmation of Order.
2.2 The Rental 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 Rental Period will be at least the Minimum Period set out on the Rental Quote, (if applicable).
2.3 Risk of damage to or loss of the Equipment, howsoever caused, will pass to the Customer upon delivery.
2.4 Cellhire 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 Cellhire'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 Cellhire’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 Cellhire.
3.1 The Rental Charges, the Call Charges and any other sums due to Cellhire (the "Charges") are payable immediately the invoice is produced for credit card customers and within 14 days of the invoice date for all others unless expressly agreed with Cellhire.
3.1.1 Invoices are produced either at the beginning of the rental, every 14 days for credit card customers and every 28 days or calendar monthly for other customers, dependant on tariff or:
3.1.2 at the end of the rental period if this is sooner.
3.1.3 In the case of Customers who pay by credit card, an invoice will be produced when the value of unpaid accumulated Call Charges (excluding VAT) exceeds £150 Sterling or equivalent.
3.2 The Customer will pay the Charges from the time rental commences until:
- the Equipment is returned in accordance with these Conditions; or
- Cellhire receives notification from the Customer that the Equipment is lost or stolen. After the Equipment is reported lost/stolen, the Customer will remain responsible for all Charges incurred on the Equipment up to the time that the provider/carrier contracted by Cellhire to provide the Service disables the Equipment.
3.3 If the Customer has agreed to a Minimum Period they shall be liable for all rental charges from Commencement Date to the end of the Minimum Period.
3.4 If Cellhire does not receive all the details of Charges from third party networks before the end of the Rental Period, Cellhire may either deduct the Charges from the Deposit, or (if the Customer’s Deposit has been returned), Cellhire may deduct the Charges from the Customer's credit card. The Customer acknowledges that Charges may sometimes be received by Cellhire from the network several months in arrears in which case the Customer will be charged by Cellhire on the same delayed basis.
3.5 SIMS may be roam enabled and customers are responsible for charges incurred when using outside the country of origin of the SIM
3.6 If Call Charges are increased the Customer may terminate the Agreement upon giving Cellhire 48 hours notice but termination will not take effect until Cellhire has received the Equipment from the Customer.
3.7 Cellhire 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.
3.8 All Charges will be subject to VAT and any other government taxes or duties as applicable. Queries on charges must be raised 30 days of the date of the invoice, otherwise it will be deemed correct.
3.9 Cellhire reserves the right at all times to charge for excessive domestic or roamed usage and or to restrict the bandwidth of any data connection in the event that in its sole opinion the usage is high. Furthermore Cellhire may also disconnect a user either temporarily or permanently for excessive use, and in addition Cellhire 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 Cellhire has incurred additional charges or been subject to a warning about exceeding a fair usage policy from the network.
3.10 Examples of excessive usage may include domestic or roamed usage, prolonged video streaming, multiple users connecting to a wireless router and downloading large files over an extended period, high volumes of SMS messaging, use of virtual SIM banks and where Cellhire has incurred additional charges or been subject to a warning about exceeding a Fair Usage Policy from a Mobile Network Operator.
3.11 If you browse the internet using an APN other than that provided, you may incur additional usage charges outside of the data bundle for which you will be liable.
3.12 By accepting this Rental Agreement, you are automatically choosing to opt out of the €50.00 EU roamed data cap (effective 1st July 2010) and your roamed data may be uncapped.
4.1 When payment is to be made by credit card the Customer will pay the Deposit to Cellhire and no Equipment will be dispatched until the Deposit is received. Cellhire will hold the Deposit as security for the Equipment and Charges.
4.2 Cellhire may at any time during the Rental Period require an increase to the Deposit if the Customer's usage is such that Cellhire reasonably believes the Deposit is likely to be exceeded by the Charges.
4.3 Cellhire will repay the Deposit to the Customer provided all the Equipment is returned to Cellhire in the same state as when delivered, fair wear and tear excepted, and any outstanding Charges are paid subject to Condition 4.4. Cellhire will continue to hold the Deposit or a part of the Deposit until Cellhire 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 Cellhire 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 Cellhire will provide an instruction leaflet on the use of the Equipment to the Customer.
5.2 The Customer will only use the Equipment in a careful and proper manner in accordance with the instructions provided and in accordance with the Customer’s intended original use for the product.
5.3 The equipment must not use automated means to make calls, texts or send data (including via a GSM Gateway or SIM bank) or use the Services to send unsolicited bulk SMS or email messages.
5.5 The Customer is not authorised to act as Cellhire's agent and the Customer will, at all times, remain liable for any use of the Equipment by any third parties.
5.6 The Customer is responsible for ensuring that any Equipment not provided by Cellhire is compatible for the intended use.
5.7 Where equipment is provided with a protective cover and this has not been used and subsequent damaged incurred, then the Customer will be liable for any repair or replacement costs subject to clause 7.2.
6.1 If the Equipment is not in working order when delivered or subsequently breaks down the Customer will notify Cellhire immediately.
6.2 Cellhire will repair or replace the Equipment as soon as possible after the Customer notifies Cellhire and will credit the Customer with the full cost of rental 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 Cellhire 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 Cellhire immediately if the Equipment is damaged, lost or stolen.
7. Optional Theft, Loss & Damage Protection
7.1 This Condition will only apply if a Customer has paid for the Theft, Loss & Damage Protection option and any of the Equipment is not returned to Cellhire in accordance with these Conditions due to theft or accidental loss or damage.
7.2 If this Condition applies then the Customer will not be liable to pay Cellhire more than the current excess applicable to the particular item of Equipment in question. Full details of Equipment excesses are set out in the Rental Quote.
8.1 Cellhire warrants that the Equipment will be in working order when it is delivered to the Customer but Cellhire 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.
8.2 For all rentals;
- the Customer must check coverage with their Service Provider; and
- where an international SIM is supplied the Customer must consult the Network coverage maps
- Cellhire will not refund monies paid by the Customer due to lack of coverage.
- The customer must ensure compatibility when using Cellhire equipment or SIMs with their own equipment or SIMS.
8.3 Some countries will ban the use of satellite equipment for designated periods of time, so it is your responsibility to confirm whether or not you will be allowed to take satellite equipment into your destination country(ies) prior to travelling. This list will change as countries either remove or enact the ban, so we advise you to check thoroughly.
8.4 Cellhire also has no control over the rules which govern the carriage of equipment or SIMs through customs and so you must ensure that you have checked regulations with the country you are visiting.
8.5 Cellhire’s entire liability to the Customer, whether in contract, tort or otherwise, shall be limited to the total of the Rental Charges actually paid to Cellhire at the date the claim arose.
8.6 Nothing in this Condition 8 shall apply so as to limit or exclude Cellhire's liability for:
- death or personal injury resulting from Cellhire's negligence;
- 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;
- any claim arising under the Consumer Protection Act 1987;
- fraudulent misrepresentation; or
- 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
8.7 Cellhire 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.
8.8 Subject to Condition 7 the Customer shall pay Cellhire’s replacement price for any Equipment which is damaged or not returned at the end of the Rental Period.
9.1 The Equipment shall at all times remain the property of Cellhire and the Customer shall have no rights to the Equipment except to use it in accordance with this Agreement.
9.2 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 Rental and that the mobile telephone number will be recovered by Cellhire at the end of the Rental and subsequently provided to another Customer.
10.1 Unless otherwise agreed with Cellhire the Customer shall return the Equipment to Cellhire 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.
10.2 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 Cellhire may require the return of the Equipment without being obliged to repay any portion of the Rental Charges.
10.3 Cellhire reserves the right to terminate services in the event, inter alia, Customer Insolvency, non-payment of due liabilities and change of ownership.
11. Law and Jurisdiction
11.1 This Agreement shall be governed by the Laws of England and Wales.
11.2 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.
12.1 No waiver by Cellhire of any breach of this Agreement between Cellhire and the Customer shall be considered as a waiver of any subsequent breach of the same or of any other provision.
12.2 Cellhire may disclose details of this Agreement to any person and for any purpose connected with its business. Cellhire may also disclose the contents of this Agreement to any credit reference agency.
12.3To comply with Data protection laws, information relating to Customers’ use of the Internet and website access (except for timings and volumes of data usage) is not captured by the networks and so Cellhire’s billing information shall constitute proof of data usage without further detail of Customers’ activity.
12.4 The Customer acknowledges that in performance of this Agreement Cellhire may have to transfer data outside the EU and the Customer hereby consents to such transfer.
12.5 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.
12.6 Cellhire may assign, transfer or subcontract the Rental Agreement or any part of it and may dispose of or deal in any manner with any of its rights or beneficial interests under it.
12.7 If Cellhire sells all or part of its business then it may transfer the Contract to the purchaser.