Barclay International Group/GlobaFone International Mobile Phone Rentals
TERMS AND CONDITIONS
The terms and conditions hereinafter set forth an agreement ("Agreement") for the rental and use of GlobaFone telephone equipment ("Equipment"). This agreement is between the person signing the Agreement ("Renter") and GlobaFone; (GL) located in Greenland, New Hampshire, USA. GlobaFone will, for various administrative tasks engage the employ of various agents. The agent usually will be Tancroft Communications based in London, England who owns the equipment. Both parties acknowledge that this Agreement consists of all Terms & Conditions ("Terms"), as well as those contained in the Rental Agreement.
1. NATURE OF THIS AGREEMENT
This Agreement is solely for the purpose of creating a bailment that allows Renter to use the Equipment as permitted by this agreement. Renter acknowledges that GL or Barclay International Group (BIG) owns the Equipment. No one other than GL or BIG may transfer the Equipment, or any rights and obligations under this Agreement. GL or BIG makes no express or implied warranties concerning the operation of said Equipment or service, nor assume responsibility for any loss or delay caused by Equipment or service malfunction.
2. YOUR RESPONSIBILITIES
Renter agrees to accept responsibility for the equipment as provided by GL or BIG, which will be delivered to the Renter's specified address. Except for ordinary wear and tear, Renter agrees to return the Equipment to GL or BIG at the conclusion of the rental in the same condition as it was delivered. Renter agrees to report any damage to the Equipment immediately to GL or BIG.
Renter is responsible for loss of or damage to the Equipment. Replacement cost for the standard GSM rental handset package is U.S. $350; for other items, the cost of replacement. The satellite phone replacement costs is $3,000.
The Renter agrees to be responsible to GL or BIG for full payment for all rental charges and the costs associated with all calls including any unauthorized calls during the term of the rental.
Renter agrees to pay GL or BIG all costs and expenses, including without limitation, reasonable attorney's fees, the fees of any collection agency, and court costs incurred by GL or BIG in exercising any of its rights or remedies hereunder when enforcing any of the terms, conditions or provisions hereof, and consent to jurisdiction of the courts of New Hampshire and determined by GL or BIG, and waive any rights to object to such jurisdiction.
Renter consents to GL or BIG disclosure of account information to, or from, credit reporting agencies, credit bureaus, or private reporting associations.
3. TERMS OF RENTAL
This rental is for the period of time as specified in the Rental Agreement, which is a separate document from this Agreement. Equipment shall be returned to GL or BIG the next business date following the Renter's return to the U.S. Should the date of the Renter's return to the U.S. change to a date later than the date specified in the Rental Agreement, the Renter must notify GL or BIG of that change. For each day past the agreed upon return date that the Equipment is not returned, a penalty will be assessed. That penalty will be the daily rental fee plus an amount equal to the Renter's average use during that rental period.
GL or BIG will furnish appropriate packaging, so that the Renter can return all Equipment to GL or BIG at the end of the rental period. Return shipment will be via the same or similar delivery service as was used to deliver the Equipment to the Renter. GL or BIG will pay for delivery and collection of Equipment and a fee will be assessed to the Renter. Under normal processing, orders received by 4:30pm Eastern Standard Time will be delivered the following business day, except in the case of new customers. GL or BIG will conduct a credit check for new customers, using one of the methods described earlier in the Agreement. Credit check processing might delay new customer deliveries. The customer shall not hold GL or BIG responsible or liable for any loss or delay due to this processing.
If any Equipment is returned from outside the U.S., the Renter will bear the additional expense over and above the normal charge. The Renter will also be responsible for the Equipment if return delivery to GL or BIG is by any means other than outlined above.
4. OPERATION OF EQUIPMENT
Equipment furnished to Renter by GL or BIG is a digital cellular telephone, engineered to operate on the "Global System for Mobile", or "GSM" standard in the 900MHz bandwidth and is specifically NOT designed to be operated or to function in the United States. Other equipment includes satellite based mobile phone equipment that will operate from nearly anywhere on the planet. All equipment is subject to technical limitations and GL or BIG will not guarantee beyond the normal technical specifications.
The Renter acknowledges that Equipment should not be operated while still in the United States and will only operate or attempt to operate such Equipment while in a country served by the GSM cellular network.
5. PAYMENT OF CHARGES
Equipment will be furnished to Renter for the rental period specified in the rental agreement under a credit card arrangement. Renter authorizes GL or BIG to reserve credit or process a deposit with the card issuer, or bill any rental, airtime, other applicable charges estimated to be due GL or BIG prior to Equipment being shipped to Renter, or at any time during or following the rental term. GL or BIG will process a $400 deposit charged to the credit card provided for each phone rented upon approval of the rental. The deposit shall then be adjusted to reflect actual charges to the Renter. GL at it's discretion, may waive the deposit on a case by case basis.
Renter represents to GL or BIG that Renter is an authorized signer on the account of the credit card furnished as part of the rental agreement. In addition, Renter agrees to be personally responsible for costs and expenses incurred by this rental transaction, regardless of the form of payment. A late payment charge will be assessed by GL or BIG in the amount of the lesser of 2% per month, or the maximum rate permitted by law, which will be applied to amounts due to GL or BIG if not paid by the due date.
GL or BIG will make every effort to process charges for calls made under the rental agreement in a timely manner following the receipt, by GL or BIG or its agent of the detailed information regarding those calls. However, Renter acknowledges and agrees that due to the time required for exchange of billing information among and between various GSM cellular operators, that the processing of call charges will take place approximately four to six weeks following the conclusion of the rental. Under some circumstances, additional call charges made during the rental period might appear in subsequent billing periods. After rental is completed, any adjustments will be made by subsequent billings.
6. COMPUTATIONS OF CHARGES
For purposes of computing rental charges for Equipment, GL or BIG will consider as a whole day, any portion of a day (a day being defined as a twenty-four hour period that begins and ends at midnight) contained in the period of rental specified in the Agreement.
Rental days begin on the day Renter specifies Equipment is needed for Renter's departure, and are counted until Equipment is shipped back to GL or BIG.
Confirmed reservations cancelled within 48 hours of shipping date are subject to a U.S. $30 reservation-processing fee. Rentals cancelled after Equipment has been shipped are subject to forfeiture of the first week's rental fee of $70 plus shipping charges.
7. GL OR BIG'S RIGHT OT REFUSE OR TERMINATE SERVICE
GL or BIG may refuse or terminate service without notice for any of the following reasons:
1.Renter providing inaccurate credit information to GL or BIG
2.The appearance of misrepresentation in relation to Renter's service
3.Refusal of credit card issuer to reserve credit or process charges for payment of any sum due to GL or BIG hereunder
4.Non-payment of any amount due to GL or BIG on other cellular account(s) for which you are responsible
5.Renter's insolvency, receivership, voluntary or involuntary bankruptcy
6.Using service in a manner that will adversely affect GL or BIG or is otherwise in violation of any U.S. Federal Communications Commission Rules or regulations, Federal, State, or local statutes, rules or regulations, or any other country's rules or regulations.
8. WAIVER OF LIABILITY
GL or BIG shall not be liable for any failure on its part to perform any obligations as a result of Acts of God, Government control restrictions or prohibitions or any other Government act or omission local, national, international, act or default of any supplier, agent or sub agent, subcontractor, industrial dispute of any kind or any other cause beyond GL or BIG control.
I ACCEPT THESE TERMS & AGREE TO PAY FOR SERVICES AS OUTLINED IN THE RENTAL AGREEMENT.