JAPAN CELL
PHONE RENTALS and the customer ("Customer") whose name and
signature appear on this agreement agree as follows:
The customer signing below authorizes JCR Corporation d.b.a. Japan Cell
Phone Rentals (JCR) to process a credit card voucher in customer’s name for all
charges and fees incurred from the rental of cellular equipment. The Customer agrees that
all information submitted is true and complete. 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. A deposit may be
required for renters residing outside the US or Japan. 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 costs from equipment loss, theft or damage per phone rented.
All equipment and items included with rental must be returned and in original condition.
Japan Cell Phone Rentals may add and Customer agrees to pay a Late Charge
equal to 1.5% per month (18% per annum) on past due account balances.
CANCELLATION, NO SHOW, LATE ARRIVAL and REFUND
POLICIES: Customer
agrees there will be no cancellation charge if cellular equipment rental order is
cancelled with Japan Cell Phone Rentals prior to the shipment of the
cellular equipment. Customer agrees that if cancellation notice with Japan Cell
Phone Rentals is not received prior to the shipment of the equipment, the Customer was
not at the delivery address, or has been determined to be a "No Show": a three
days' rental cancellation charge, shipping charges, and applicable taxes 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 upon return date will
automatically renewed from day to day until receipt of cancellation notice or return of
equipment.
Credit
Verification, Deposit Requirement, Temporary Service:
Based upon information supplied by Customer, JCR will obtain
credit information regarding Customer from trade references and credit
reporting agencies. Based
on this information, and other information obtained by JCR, JCR may
require Customer to make deposit with JCR.
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.
At JCR’s sole discretion, Customer may receive Service prior to
credit review without waiving JCR’s right to demand security deposit
from Customer.
Customer shall notify JCR if submitted credit card details change or the
credit card has been lost or stolen. Customer agrees to to notify
JCR and the appropriate credit card company immediately.
Access
and Telephone Number:
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 to said telephone number.
Limitations of Liability:
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
indemnity:
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.
CAUTION:
Tampering with the cellular phone may render the equipment
inoperable. Additional charges may be incurred for
replacement of or resetting equipment.
The Customer represents he has read, understands, and agree with all
conditions set forth herein. This agreement shall be in effect when signed by Customer and
accepted by Japan Cell Phone Rentals. Customer shall pay to Japan Cell Phone Rentals
all costs and expenses including attorney's fees, court costs and collection agency fees
incurred by Japan Cell Phone Rentals in exercising any of its rights or remedies hereunder
or enforcing any of the terms, condition or provisions hereof. Call
data may be used at any time to contact or locate client in cases when
credit card is declined or has expired. All information provided
here will be kept in strict confidence and shall not be
distributed to any other source. Rates as of 10/15/01: Prices subject to
change without prior notice.
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