Customers who have entered a service agreement from One Stop VoIP for a minim initial term of at least thirty-six (36) months have the option to enter One Stop VoIP’s Phone Lease Program and Rental Agreement (“Rental Agreement”).
The Rental Agreement must be sharing the same terms and conditions with the One Stop VoIP Services Purchase Agreement for an Initial Term of at least thirty-six (36) months. Both One Stop VoIP Services Purchase Agreement and Rental Agreement must be entered into at the same time.
One Stop VoIP general Terms and Conditions available at http://www.onestopvoip.com/terms-and-conditions/ are governing this Rental Agreement. In case there is any conflict between One Stop VoIP general Terms and Conditions and this Rental Agreement, the applicable terms of this Rental Agreement shall govern.
PHONE RENTAL/LEASE SERVICES
This Rental Agreement is for the rental of certain telephone hardware (each a “Rental Device”) from One Stop VoIP. Customer shall be charged a recurring monthly fee (“Rental Fee”) for each rented device. As a part of your recurring bill from One Stop VoIP, you agree to pay the Rental Fees for all rented devices by using the same payment method and payment period as your payments for One Stop VoIP Services, as defined in your One Stop VoIP Services Purchase Agreement. One Stop VoIP will pro-rate the Rental Fees for any equipment that is rented, for the initial period from the start of the rental period until the end of then-current billing period for the Office Services, and the start of the rental will begin on the date a Rental Device is delivered to your location.
The rental device services shall commence on the Rental Start Date and terminate upon whichever of the two conditions comes first:
(a) either Party delivers written notice of termination of this Agreement to the other Party at least thirty (30) days prior to the applicable termination date;
or (b) the termination of the One Stop VoIP Office Plan Purchase Agreement.
Upon any termination of the Rental Agreement or Rental Services, you agree to return or purchase a Rental Device (including all accessories and supplies that were provided by One Stop VoIP with the Rental Device) according to One Stop VoIP’s written instructions and in accordance with the Purchase or Return Rights section of this Rental Agreement. Rental Device will no longer be considered a Rental Device upon the completion of a return or purchase. In case you do not return a Rental Device (subject to One Stop VoIP’s inspection and acceptance of the returned Rental Device in its reasonable discretion) within five (5) business days following the termination of the Rental Services for such Rental Device, it will be considered that you have purchased that device at a purchase price equal to (a) during the first 12 months of having received the Rental Device, 100% of the Rental Device’s then-current One Stop VoIP list price shown on One Stop VoIP’s web site, or (b) after such 12 month period, 80% of such list price, and you agree to pay the applicable purchase price.
In occasion of upgrading the current Rental Device, the replacement of the current Rental Device shall be deemed a termination of the Rental Services with respect to the current Rental Device and be subject to the termination provisions hereof, including the return or purchase provisions for the Rental Device set forth in the Return or Purchase Rights section of this Rental Agreement; provided that the Rental Services for the current Rental Device shall be deemed to terminate, and the Rental Services of the replacement Rental Device shall commence, on the date the replacement Rental Device is recorded as delivered to your location.
The Rental Fees for the Rental Services do not include Taxes, Fees or any other additional services. Sales tax varies by jurisdiction of purchase or rental and may be calculated based on full retail price or One Stop VoIP cost price, as determined by the tax law in the jurisdiction of purchase or rental.
DAMAGE, LOSS AND OWNERSHIP OF THE RENTAL DEVICE
One Stop VoIP is and will remain the owner of each Rental Device unless One Stop VoIP’s confirms to you in writing that payment for Rental Device has been received in full. Renter of the One Stop VoIP Rental device is by no means permitted to grant any third party the rights to use, control, modify or change in any way grant any interest or right in a Rental Device to any third party, or otherwise do anything that undermines One Stop VoIP’s ownership of each Rental Device. One Stop VoIP may, without notifying you, assign One Stop VoIP’s interest in any Rental Device, and in that event, One Stop VoIP’s assignee will have all of One Stop VoIP’s rights in the Rental Device under this Agreement, but none of One Stop VoIP’s obligations. You agree not to assert against One Stop VoIP’s assignee any claims, offsets, or defenses you may have against One Stop VoIP. Upon One Stop VoIP’s request, you will execute and deliver to One Stop VoIP any documents or forms for protecting One Stop VoIP’s ownership and interest in each Rental Device, including finance statements under the Uniform Commercial Code.
Upon receipt of each Rental Device from One Stop VoIP, you will examine each Rental Device, and notify One Stop VoIP of any issue with Rental Device within five (5) business days of rental device receipt. If One Stop VoIP is not notified of any issues with the Rental Device within five (5) business days of the rental device receipt, each device is considered to be in good working condition at the time of receipt. In the event that any Rental Device delivered to you is damaged, stolen, or lost, regardless of the circumstances or cause, you will immediately notify One Stop VoIP in writing and pay One Stop VoIP a purchase price equal to (a) during the first 12 months after you received the Rental Device, 100% of the Rental Device’s then-current One Stop VoIP list price shown on One Stop VoIP’s web site, or (b) after such 12 month period, 80% of such list price. This obligation does not apply to any damage to a Rental Device that is covered by the manufacturer’s warranty.
USAGE OF RENTAL DEVICE
You agree to ensure that: (a) each Rental Device will only be used in a careful and proper manner and in accordance with User Guide instructions available on the website of the manufacturer; (b) each Rental Device will be used with due care and will not be defaced, modified, or used or operated in any manner or for any purpose in violation of any federal, state, or local law or regulation; (c) each Rental Device must remain within the United States and may not be exported or re-exported to any country contrary to U.S. export laws; (d) any regulatory or certification markers affixed to a Rental Device may not be removed, defaced, or otherwise obstructed; and (e) each Rental Device will only be repaired subject to One Stop VoIP’s express written authorization and in accordance with One Stop VoIP’s instructions and requirements.
PURCHASE AND RETURN RIGHTS
You may purchase a Rental Device at any time following 12 months from the date you received the Rental Device. You agree to purchase the Rental Device for 80% of the Rental Device’s then-current One Stop VoIP list price shown on One Stop VoIP’s website.
When you return a Rental Device, you agree to return a fully functional and non-damaged Rental Device to One Stop VoIP, at your risk and cost, and you agree that, to the extent that you do not do so, you will be obligated to pay One Stop VoIP a thirty-five dollar ($35.00) re-stocking fee. You agree to pay all shipping and handling charges related to any Rental Device and related hardware returns.
All Rental Devices and related hardware must be fully functional, include all components, manuals, peripheral devices, and all other accessories that were originally shipped with the Rental Device. At our discretion, we may decline your return or charge you an additional fee of thirty dollars ($30) for each missing item or for each item that we determine is damaged or not in good working condition.
Before returning any Rental Device or hardware that has data in its memory, please transfer all files you wish to retain to another file source. Once the hardware is returned, your files cannot be recovered and you release us of any liability for any lost, damaged, or destroyed files, data, or other information.
If you are obligated to return or purchase a Rental Device subject to this Return or Purchase Rights section of this Rental Agreement, and you have not returned a Rental Device or you have defaulted in any obligation to pay the purchase price due for a Rental Device to be purchased, One Stop VoIP may, in addition to those remedies available at law, in equity, or as otherwise set forth in this Agreement, take possession of any or all Rental Devices without demand, notice, or legal process, wherever each Rental Device may be located, and you hereby waive any and all damages occasioned by that taking of possession.
EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND ONE STOP VOIP MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. ONE STOP VOIP MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). THE ENTIRE RISK ASSOCIATED WITH THE USE OF ANY RENTAL DEVICE SHALL BE BORNE SOLELY BY YOU.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ONE STOP VOIP CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
You authorize us to collect any payment owed by you hereunder from your payment method, as provided in your One Stop VoIP Office Plan Purchase Agreement or the Terms and Conditions, as applicable. This Rental Agreement, which is subject to and incorporates by reference the One Stop VoIP Office Plan Purchase Agreement, and the Terms and Conditions, constitutes the complete, final, and exclusive embodiment of the entire agreement between you and the Company regarding the Rental Services. In signing the Agreement, the undersigned represents to One Stop VoIP that the undersigned has full power and authority to perform all of its obligations hereunder. This Rental Agreement is the binding obligation of the undersigned, enforceable against the undersigned in accordance with its terms.
One Stop VoIP may, in its discretion, update or change the terms and conditions of this Rental Agreement, and the version of this Rental Agreement applicable to each Rental Device, is the version of this Rental Agreement then in effect at the start of the rental for that Rental Device, including the start of the rental for an upgrade Rental Device. This Phone Rental/Lease Program is offered and available to United States residents only. Customer must agree to a Service Commitment Period for One Stop VoIP Office Services with an Initial Term of at least 36 months to be eligible to participate in the Phone Rental/Lease Program.