This Rental Agreement - T&Cs sets forth the conditions on which we will provide the services offered through the tepwireless.com website ("the Website"). This Rental Agreement - T&C's is a contract between you and Fonmigo Ltd., registered no. 07267408, having its registered office at 326 Kensal Road, London, W10 5BZ, United Kingdom, branded as Tep Wireless ("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.
Nature of services
Company provides a wireless modem rental service (the "pocket wifi"), along with user guides and accessories (collectively the "Equipment") to travelers who plan to visit the United Kingdom, Europe, or other international destinations covered by Company.
Eligibility to rent equipment
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.
When you place an order to rent the pocket wifi, 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 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 ship
Use of equipment
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.
All returns should be returned by a 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 rental. You agree to take responsibility and pay for all return shipping charges upon the return of the Equipment for any country not mentioned above.
Fees and charges
(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 fees are posted on our Website and may be amended without 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 order, we require a credit card to pre-pay all charges. The credit card details will be kept on file until the end of the Rental Period, in the event that other charges need to be placed.
(b) Service Charges. Usage charges must be pre-paid according to the current airtime and data rate schedule posted to our Website. You are liable for any charges relating to usage outside of areas covered by Tep's specified network, and for charges related to usage outside regions for which the purchased service was intended for.
(c) Late Return. All returns must be postmarked on or before the second (2nd) day following your Rental End Date. In the event that the Equipment is received postmarked more than 2 days after the Rental End Date, you will be incur a daily penalty fee of $9.95 per day the return is late. If Tep does not receive the Equipment within 15 working days of your rental end date you will incur a final penalty fee for the loss of the equipment. 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. If the equipment is returned to us after we have charged the loss penalty, we will immediately offset the charge with the fee corresponding to the number of days your device is considered overdue.
(d) Duty / Tax Charges. Deliveries or returns from non-EU countries (e.g. Switzerland, Norway) might be subject to Duty / Tax Charges. You are responsible for these charges.
(e) Loss, theft or damage. Subject to Section 7 below, you are solely responsible for all loss or damage to the Equipment during the Rental Period. Any charges for damaged or lost Equipment will be billed directly to the credit card used at the time of purchase. Charges break down as follows: $120 per Tep device, $30 per Tep battery, $15 per travel adapter, $10 per pouch, $20 per power bank and $5 per car charger. In the event that all Equipment is lost or damaged, the total charge payable is $200. Without extra equipment (power bank and car charger), the total charge is $175. Damaged equipment is defined as equipment that is no longer fit for re-use, including cosmetic damage that significantly deteriorates the user experience (e.g. cracked screen).
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.
You can cancel your rental anytime you want, there is no cancellation fee. Please contact us to confirm your cancellation. If your device has already been dispatched, then we will not be able to refund relevant shipping charges. We also cannot refund days with usage on the device. If you already have the device, you will need to return it to us immediately.
Ownership of equipment
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.
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.
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.
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.
Disclaimer of warranties
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.
Consequential damages; limitation of liability
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.
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.
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 in the form of usage (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 service offered by Company, you agree to receive promotional messages relating to similar products and services we offer.
Discount vouchers must be used at time of purchase and cannot be exchanged for credit on previous purchases. The discount is applied to rental fees only, not extras such as insurance or car chargers. To use, put the voucher in the indicated text field in the third page of the checkout process ("Got a coupon?"), and hit "Apply discount". The discount will be visible immediately in the order summary box.
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.
Governing Law - Dispute Resolution
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.
The Rental Period commences on your rental start date ("Rental Start Date") and expires upon your designated rental end date ("Rental End Date").