| JCR
Corporation Rental & Service Agreement |
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Access
and Telephone Number:
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- Network
access is provided by JCR means of an eleven (11)
digit telephone number.
The telephone number is at all times the property of JCR, and the Customer has no interest in, or claim of right to,
the telephone number.
JCR reserves the right to change the telephone number upon
two (2) days prior notice, except that in the event of suspected
fraud, no notice is required.
A cellular telephone number issued by JCR to Customer under
this agreement may not be assigned to, or associate with, another
cellular telephone except with the consent of JCR.
If Customer assigns or associates the cellular telephone
number to another cellular telephone without JCR’s consent,
Customer shall be responsible for all calls to and from said
telephone number. Title
and ownership cellular phone equipment and accessories shall remain
at all times in JCR Corporation and you agree that you will not
attempt to give away, sell, mortgage, assign, dispose of or encumber
said equipment nor will you in any manner impair or permit to be
impaired our title to and ownership of said equipment.
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CANCELLATION, NO
SHOW, LATE ARRIVAL / RETURN, and REFUND POLICIES:
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- Customer agrees there
will be no cancellation charge if cellular equipment rental order is
cancelled with Japan Cell Phone Rentals 72 hours prior to rental
date and Customer and you will not incur any charges. Customer
agrees that if cancellation notice with Japan Cell Phone Rentals is
not received 72 hours prior to the rental date, the Customer
was not at the delivery address, or has been determined to be a
"No Show": a three days' rental cancellation charge plus
applicable tax will be billed to the Customer's credit card.
Cellular equipment rental orders received within 72 hours of the
date of rental will not be charged for cancellation if the notice is
received prior to the shipment of ordered cellular equipment. The
cancellation charge will be waived in cases of equipment not
delivered on promised date upon verification and documentation to
Japan Cell Phone Rentals. Phones not returned by Customer on
agreed on return date will automatically renewed from day to day
until receipt of cancellation notice or return of equipment. NOTE: JCR does not pre-schedule pickup of the
cellular equipment. It shall be your responsible to ensure the
equipment is returned without delay. Return procedures are provided
along with the cellular equipment. Additional rental days may
be charged if these procedures are not followed.
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Limitations
of Liability:
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- JCR
shall not be liable to Customer for interruptions of service, loss
of data, interceptions of cellular transmission, omissions or errors
of third parties, equipment failures, acts of god, strikes,
government actions, or causes beyond JCR’s reasonable control.
JCR shall not be liable if changes in operations, procedures,
or services require modification or alteration of customer’s
equipment or render customer’s equipment obsolete.
there shall be no reductions, setoffs, or credits against the
charges for service for downtime or interruption of service unless
such period exceeds twenty-four (24) consecutive hours from the time
of notice of interruption until service restoration is provided to
customer.
if service interruption exceeds twenty-four (24) consecutive
hours, JCR shall provide customer with a credit allowance equal to
the amount payable by customer during the service interruption
period, provided customer promptly notified JCR of the service
interruption.
JCR shall give no credit for circumstances caused by the
negligence or intentional acts or willful misconduct of the
customer.
in no event shall JCR be liable to customer for
incidental,
consequential or punitive damages, including, but not limited to,
lost profits, loss of use, or loss of business opportunity.
JCR shall not be liable for injury to customer, other
persons, or property damage through the use of any equipment or
service provided under this agreement. CUSTOMER
AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND JCR AGAINST ANY
CLAIMS RELATED TO CUSTOMER’S MISUSE OF SERVICE OR EQUIPMENT UNDER
THIS AGREEMENT.
CUSTOMER AGREES TO REIMBURSE JCR FOR ANY AND ALL COSTS AND
REASONABLE ATTORNEYS’ FEES INCURRED BY JCR IN DEFENDING ANY CLAIMS
RELATING TO CUSTOMER’S MISUSE OF SERVICE OR EQUIPMENT.
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DAMAGE or LOSS OF
CELLULAR EQUIPMENT:
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Customer agrees to
purchase the loss/damage waiver protection which covers equipment
from loss, theft or damage. Customer agrees that he is responsible
for the first $100.00 (deductible) of replacement or repair costs for
equipment loss, theft or damage per phone rented. All
equipment and items included with rental must be returned and in
original condition.
| Equipment
Replacement Cost (with LDW Coverage) |
- Cellular Phone $100
- AC Charger $65
- Manual $25
- Equipment Case $75
- Phone Case $5
- Information Folder $25
Note: Repair of equipment
determined by charges received from NTT DoCoMo. |
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PAYMENTS,
Credit Verification, Deposit Requirement, Temporary Service: |
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- Customer's
initial rental charges will be paid to JCR prior to the delivery of
cellular equipment. Upon return of all cellular equipment from
Customer, a Rental Statement will be prepared and sent via e-mail,
fax or U.S. Mail within 4 - 6 weeks of the return date. JCR shall
charge the remaining balance due on the credit card provided at time
of order.
JCR normally does not require a deposit for rentals. There may
be situations which require Customer to make deposit with JCR for
rentals for more than 30 consecutive days. Based upon information supplied by Customer, JCR may obtain
credit information regarding Customer from trade references and
credit reporting agencies. JCR
reserves the right to either refund the deposit if Customer has
maintained the account in good standing, or apply the deposit to any
balance owed by Customer to JCR. If
JCR refunds the deposit to Customer, said deposit will be sent to
Customer by United States first class mail to Customer’s last
known address. JCR may
require that any such deposit be increased based on Customer’s
usage or changes in Customer’s credit status, or any other valid
reason.
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MISUSE OF
SERVICES |
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Cellular Phone:
Option A airtime minutes are calculated using the phones internal
timer. Tampering with or resetting the timer will can be
easily determined by our office upon return of the cellular
equipment. Customers using Option A who misuse the equipment
in this manner will be contacted and automatically billed with the
Option B rates (detailed billing). In addition, there will be a RESET
CHARGE of $100.00.
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JCR-i Temporary Internet Access:
Misuse of this service in any way will result in immediate
termination of internet and cellular service.
All equipment must be returned immediately. Further rentals
and service will not be authorized. Misuse of Service
includes:
1. Providing username and/or password information to non-account
holder.
2. Publishing or posting any information related to this service.
3. Tampering with username and/or password codes.
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Misuse of any of
JCR's or NTT DoCoMo's services will result in Customer no longer being
eligible to rent from JCR. JCR reserves the right to refuse
services at any time. |
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Revised
January 1, 2004 © 1999 - 2004 JCR CORPORATION
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