Terms & Conditions

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InTouch USA™ Rental Agreement's Terms and Conditions
  1. Terms - "Client" refers to person signing agreement and any other party(s) involved. InTouch USA (ITU) rents client equipment identified within agreement and in consideration thereof client agrees to the following Terms and Conditions: All clients are completely liable for all charges. Faxed signature on agreement serves as an original signature with all rights thereof enforced. Presentation of false, fictitious or misleading identification or information is an intention to commit larceny and/or fraud. By signing this contract, client agrees to all charges and all terms and conditions as stated. Agreement is not assignable and it constitutes entire agreement between ITU and client. There are no other representations, conditions, warranties, guarantees or collateral agreements, expressed or implied, statutory or otherwise, concerning rental equipment, its use, or this agreement, other than set forth herein. Agreement between client and ITU is governed and interpreted by the laws of the Commonwealth of Virginia. Client will redeem and hold ITU harmless from and against all claims, loss, liability for any direct, special or consequential damages as a result of client's use, custody, control, possession, operation of equipment. Rental equipment will remain property of ITU. Client acquires no rights other than temporary use. During rental period no change in service, repair service or replacement part is authorized without written approval from ITU. Operation of any radio transmitting equipment, including cellular telephones, may interfere with the functionality of inadequately-protected medical devices. Consult a physician or the manufacturer of the medical device if you have any questions. Other electronic equipment may also be subject to interference. Do not drive vehicles while operating a wireless phone.

  2. Cancellation - If the order is canceled after agreement is signed, but before equipment is shipped, a $25 or 20%, whichever is greater, cancellation fee may be imposed. If rental is canceled after equipment is shipped, contracted rates may apply until equipment is received at ITU. Client is responsible for equipment, including any usage charges or other charges incurred, until equipment is received complete at ITU. ITU is not liable for direct, special or consequential damages as a result of equipment, performance or use of equipment including claims based on failure to honor a telephone reservation requested by client. ITU may terminate agreement without notice to client at anytime.

  3. Billing - Rental charges can be due and payable anytime during or after the rental period. Interim billing arranged on rentals more than 30 days. If not, usage can be billed weekly at estimated rate of seventy-five minutes per week. Clients' miscellaneous charges: return check charge $50.00, credit card reversal charge $25.00, all bank wire fees and equipment cleaning fee, up to $10 per unit, if required. Client will be billed on a delayed basis for any charges ITU becomes aware of after our final billing. Prepaid long distance and cellular cards are nonrefundable. Use of credit, prepaid/debit or any type calling cards to make international or domestic LD calls will also incur cellular airtime charges at the contracted per minute rate indicated on page two. All clients subject to final credit card billing. Client agrees to pay all costs incurred in recovering equipment or collecting moneys owed ITU including reasonable attorney's fees, collection fees, court costs, interest and other equitable relief a court deems appropriate. Refunds for deposits may be held up to 90 days minimum after the rental end date to insure complete billing. Clients must notify ITU if credit card is lost or stolen and provide replacement credit card number for billing. House account terms are net 15 days. Any delayed payments may incur finance charges of 2% monthly (24% per annum) until full payment is received by ITU.

  4. Wireless Usage - is determined by reading all non-reset meters on equipment. The meter reading determines final cumulative usage. Client agrees with "meter out" stated on rental agreement and agrees to have ITU agent record cumulative "meter in" upon return. Usage meter will advance a minimum of one minute each time the SEND button is pushed for all inbound and outbound calls. No credit given for dropped, static, incomplete or busy calls. By written request, a call detail listing of all numbers called is available 90 days after client's rental end date ($25 minimum). Call detail does not influence usage meter reading. No usage credit issued based on call detail. Client agrees payment of usage charges will not be withheld pending receipt of call detail. Roamer surcharges ($15.00 minimum), international long distance ($25.00 minimum), message unit, user service (900, 976, 411, etc.), daily start up fees, call delivery and operator assisted toll calls incurred in some cities billed to client at 150% of actual charges. International long distance calls billed to client on a delayed basis up to 120 days after rental end date. Direct dialed one-plus continental US long distance, where available, is included in the usage rate. 4B. GSM/SATELLITE USAGE - most are billed based on carrier's billing records and may take up to 120 days after rental end date to confirm final billing.

  5. Service - Wireless service is not continuous. ITU uses wireless service providers throughout the world and makes no warranty, express or implied, as to merchantability, fitness of equipment for a particular purpose, call quality or usefulness of wireless phone service. Quality of wireless signal, especially inside buildings, will vary. Client expected to have prior basic operational knowledge of equipment being rented. Contact ITU immediately if there is an equipment problem. If ITU does not hear from client at beginning of problem period, ITU assumes all equipment is working and all charges remain.

  6. Equipment Loss/Damage - Client must notify ITU immediately if equipment is lost or stolen. Lost or stolen equipment during client's rental period, regardless of circumstances, client must reimburse ITU the full amount as listed on info sheet. Client has 24 hours from date of theft to provide ITU with a copy of written police report and full replacement cost due for each unit not returned. If client signs for "Theft Protection" (optional), half of value listed on enclosed info-sheet per stolen unit is payable to ITU, however, full value is payable if claims are due to unexplained loss or mysterious disappearance, war, revolution, rebellion, illegal or dishonest acts, fraud, or confiscation by any government or public authority. In all instances, client agrees to pay rental charges until replacement cost and police report are received by ITU. Theft protection is not available for satellite phones, two-way radios or Nextel phones. In all cases, client is responsible for all usage charges billed to phone up to and including date ITU receives written notice from client of equipment loss and serial number is deactivated by carrier. Missing equipment returned after seven days of claim of loss will incur the greater of 20% restocking charge, equipment rental rate or $20.00 minimum. Client charged replacement cost, or a percentage thereof, for damaged equipment.

  7. Equipment Return - Using enclosed airbill "as is" will end client's rental as of date equipment is given to ITU's designated delivery service. Client responsible for all equipment packaged properly and returned timely. Should client return equipment using means other than enclosed pre-assigned airbill, client liable for any equipment damage and daily rental charges while in transit. Changes in service level at client's expense.

  8. Higher Usage Rate - Client usage on any wireless service provider whose rate per minute/packet/page exceeds ITU's rate is billed at two times ITU's cost. Equipment used outside "areas where used" on page one of this agreement charged at a roaming or higher "usage rate per minute".



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