Definitions

Company: [Cellhire] Mobile solutions rental company.

Equipment: any equipment, SIM cards, accessories or other equipment included in the rental.

Customer: the party renting the equipment.

SIM: ISO size (SIM) or reduced size (micro SIM) smart card, which allows identification of the Customer by the relevant network.

ARTICLE 1 - SUBJECT MATTER OF THE CONTRACT

The present contract lays down the terms and conditions for renting Equipment to a Customer.
The contract consists of the present general terms and conditions of rental, the specific terms and conditions of rental and the tariffs applicable, of which the Customer has been notified and has received a copy. The Company reserves the right to conduct a credit check before agreement of the rental.

Failing notification of termination of the contract, issued by registered letter with acknowledgement of receipt within 24 hours of receipt of the present document, the Rental Conditions stipulated shall apply ex officio and automatically to any rental of Equipment by the Company.

ARTICLE 2 - TERM

The present contract shall come into force on the date of its signature and/or signature of the delivery note for the Equipment by the Customer.

The term of the present contract shall be determined under the specific terms and conditions. In any case, the contract shall terminate either on the date of receipt of the Equipment at the Company’s offices, or on the date of dispatch of the Equipment using the prepaid voucher included in the rental pack (carrier to be selected by the Company), or upon request by the Customer (for a collection demand)

ARTICLE 3 - DELIVERY OF THE EQUIPMENT

The Company shall deliver the Equipment to the Customer at the address specified by the Customer.

The Customer accepts full responsibility for the safe receipt of the Equipment.
The Customer undertakes only to refuse the Equipment where it manifestly does not conform to the Equipment specifications. The delivery date shall purely serve as a guideline.
Consequently, the Company may not be held responsible towards the Customer where deadlines are not met in the event of any delays caused by reasons beyond the Company’s control and/or attributable to the Customer, and/or also in the event of force majeure, accidents or events brought about by a third party.
Furthermore, if the Customer does not accept the Equipment upon delivery thereof, for whatever reason this well be, other than in the event that the Equipment manifestly does not conform to the Equipment specifications, the Customer shall remain liable for all the agreed rental costs.

ARTICLE 4 - PACKING AND TRANSPORTATION

The packing of the Equipment shall be performed by the Company. The transportation of the Equipment shall be performed, up to the point of delivery, by the Company or by another carrier of the Company’s choice. In any case, it shall be the Customer’s responsibility to verify that the packing is in good condition at the time of delivery and, if necessary, to record any reservations, specifying reasons, on the delivery note returned to the carrier. The said reservations must also be confirmed to the Company within 48 of the date of delivery. Failing this, any complaint by the Customer shall be inadmissible.

ARTICLE 5 - UTILISATION OF THE EQUIPMENT AND MAINTENANCE WARRANTY

5.1 The Company undertakes to provide the Customer with Equipment in good working order, with no damage apparent.

5.2 The Customer undertakes to use the Equipment in accordance with the technical instructions with which they are to be provided, namely the equipment installation and system specifications and to abide by the directions for use (user manual)

5.3 The Equipment rented shall be covered by a standard exchange maintenance warranty in the event of failure of the equipment rented, in particular technical or electronic malfunction, causing prevention of use and requiring repair at a technical service centre.
The Customer undertakes to inform the Company without delay of any technical failure which comes to light, and to have the Equipment collected by the Company at the address to be indicated by the Customer, under the terms set forth below.

5.4 The Company undertakes to have the Equipment repaired or replaced as soon as possible following written notification of the problem, with the same Equipment or with Equipment having similar characteristics, provided the Customer is not in breach of the present conditions.

5.5 Should the Company discover that the Equipment indicated as defective is actually in good working order, the Customer shall bear the costs of collection and delivery of the replacement Equipment.

5.6 The contracting parties hereby exclude damages from the obligations under the terms of the maintenance warranty contract, caused to the Equipment rented in the following cases: damage caused to the Equipment by the Customer, his/her employees or a third party, loss or theft of the rented Equipment, misuse of the Equipment.

With regard to the said cases excluded, the Customer shall remain solely responsible for damages caused to the rented Equipment. The Customer undertakes to notify the Company within 48 hours by registered letter with acknowledgement of receipt of damage incurred, over and above cases of theft or loss, and to have the rented Equipment collected. The Company then shall be entitled to carry out either repair of the damage caused to the Equipment, at the Customer’s expense, or to replace this Equipment requiring payment of an indemnity by the Customer, the total of which is available on request.

Notwithstanding the return, theft or loss of the Equipment rented, the rental contract shall remain valid until termination.

5.7 Upon delivery, the Company shall provide the Customer with directions for use of the Equipment.
5.8 The Customer undertakes not to:
5.8.1 repair and/or modify the Equipment,
5.8.2 remove and/or obstruct identification marks affixed to the Equipment,
5.8.3 damage to the Equipment,
5.8.4 rent out or allow utilisation of the Equipment to any third parties.

5.9 The Company (Cellhire) expressly forbids the use of any if its sim cards supplied to clients to have any form of technical solutions applied to it enabling the use of communications forwarding, or any other improper use. In such a situation, The Company reserves the right to suspend the line and cancel the contract. The beneficiary of the contract will be retrospectively billed for all such communications: The Company reserves the right to set the unit cost of all such communications.

ARTICLE 6 - UNTRANSFERABILITY OF THE EQUIPMENT

The Equipment shall at all times remain the property of the Company and the Customer shall only use the equipment under the terms and conditions stated in the present contract.
The Customer must notify the Company immediately of any attempt to confiscate the Equipment and must make clear the existence of the present contract to point out that the Equipment is rented.
In the event of assignment or pledging of the business by the Customer, the Equipment may not be incorporated into the assignment or the pledge.
The Customer shall not be entitled to rent out, transfer or allow use of all or any part of the equipment (constituting the subject matter of the present contract) to third parties without prior written permission from the Company.

ARTICLE 7 - DEPOSIT CHARGE AND TERMS AND CONDITIONS OF PAYMENT

7.1 A deposit, the total of which is laid down under the specific terms and conditions, shall be required and/or charged before the service and the Equipment constituting the subject matter of the present contract are made available. The deposit charged shall be reimbursed to the Customer, provided the Equipment is returned and declared to be in working order and in conformity by the Company, and the Customer has paid all sums due under the terms of the present agreement, as well as call charges.

7.2 The Customer shall be liable for rental charges due, from the date of delivery to the date of collection of the Equipment.

The invoices issued by the Company following the signature of the present contract shall include, in particular, the rental due over the set rental period, the pro rata rental from when the service was made available, and a fee for the packing and transport charges. To these shall be added, in particular, charges for bringing the line into service, invoicing for any options selected and charges for calls using the Equipment. For all Equipment returned, the Company reserves the right, at any stage in the future, to invoice for any call made or received using the said Equipment during the rental period that has not already been invoiced for. The Company shall be entitled to increase the call charges at any stage during the rental period. However, the Company shall make every effort to notify the Customer of any imminent change, with a reasonable period of notice. The rental charges, call charges and all sums due to the Company under the terms of the present Contract shall be payable within a fortnight (date of invoice) of the end of the rental period. The Company reserves the right to charge interest at the rate of 2% per month (or any part of a month) for any sum not paid on its due date, despite a reminder having been issued.

The taxes and charges shall be those applicable at the time of invoicing. The Customer shall be responsible for paying them.

In addition to the rental charges agreed for the planned rental period, the Company shall be entitled to invoice the Customer, at its own convenience, for any administrative charges to cover all expenses incurred during the preparation of an order, completed by the Company in good faith, but which the Customer chooses to cancel or refuses to accept for any reason other than if the Equipment manifestly does not conform to the Equipment specifications.

ARTICLE 8 - RETURN OF THE EQUIPMENT

The terms and conditions for acceptance of responsibility for Equipment returned shall be set by the Company.

In the event of a demand for collection of the Equipment following a request from the Customer, the latter must indicate the address to which the Company is to collect the said Equipment on normal working days and during normal working hours.

In the event of the said Equipment being sent back by the Customer, the Customer shall be responsible for any damage caused during transportation and the safe receipt of the said Equipment.

The Equipment returned must be in good working order and well maintained, and in the same condition as when delivered.

The Customer shall be responsible for the cost of any repairs to the Equipment performed by the Company, as well as the replacement of missing and/or damaged accessories.
The Customer shall be responsible for the Equipment until it is received back at our offices.

ARTICLE 9 - WARRANTY LIMITATION FOR THEFT AND LOSS

The present clause shall only apply where the Theft & Loss Protection option has been signed and paid for by the Customer, if a part of the Equipment is not returned to the Company, as laid down under the present conditions, as a result of theft or loss. In such a case, the Customer may not be held liable for a sum higher than the excess due for the Equipment in question. All the information relating to the Equipment and/or communications excesses are available on request.

ARTICLE 10 - LIABILITY

The Company undertakes to ensure that the Equipment is in working order upon delivery but shall not be held responsible for the performance of the said Equipment or the operation of the telephone network to which it is connected. Unless expressly undertaken under the specific conditions, under no circumstances shall the Company be held directly or indirectly, implicitly or expressly responsible for lack of coverage.

Subject to Article 9 of the present contract, the Customer shall be solely responsible for and shall indemnify the Company against all costs, claims and responsibilities resulting from any loss, theft or misuse of the Equipment or any accidental or voluntary damage.

Subject to public order regulations, the Company may not be held responsible for any claims, losses or any direct, indirect or consecutive damages (such as loss of use, lost sales, loss of clientele…) caused by the Equipment, or by the Equipment malfunctioning or not functioning.

In the event of a single device being rented, the Customer shall be responsible for the SIM Card, for use and retention thereof, irrespective of the final user. On the other hand, the Company shall not be held responsible for any problems encountered which are connected with the network used.

In the event of a line being rented, the Customer is obliged to inform the Company immediately and to confirm in writing to the Company, with regard to the loss or theft of the Customer’s SIM card, so that the line can be put out of service. The Company undertakes only to put the line out of service upon request from the Customer. In the event of theft of the card, the Customer must also declare this to the police or the consular authorities and the acknowledgement of receipt of the declaration must be returned to the Company. The Customer shall confirm its declaration by sending a registered letter with acknowledgement of receipt to the Company within 48 hours of the theft or loss. Subject to the provisions of Article 9 above, the Customer shall be responsible for the usage of its card and for payment of all the calls made before the line is put out of service, and this shall apply without exception, even if the calls are invoiced at a later stage. In the event of dispute with regard to the line being put out of service, this shall be considered to have been carried out on the date of receipt of the letter by the Company. During the period when the line has been put out of service, the present rental contract shall continue to apply, as shall the rental charges invoiced. The Company shall not be held responsible for any consequences the Customer brings upon himself by modification of the number initially allocated.

The restoration of services after the Company issues a new card following theft, loss or impairment, shall be invoiced for costs for service restoration.

ARTICLE 11 - GENERAL PROVISIONS

The present contract constitutes the entire agreement concluded between the contracting parties and takes the place of all written and/or oral proposals and all other communications between the contracting parties, connected with the contents of the present general terms and conditions of rental.

Should one or other of the contracting parties waive a failure by the other contracting party to fulfil any of the obligations under the present contract, this shall not be interpreted as a waiver of the enforcement of the obligation in question in the future.

For the purposes of implementation of the present contract, the contracting parties have elected domicile at the address of their registered business headquarters or at their main place of residence.

ARTICLE 12 - APPLICABLE LAW

The present contract shall be governed by French law.

ARTICLE 13 - PLACE OF JURIDICTION

Any disputes arising from the interpretation, execution and/or breach of the present contract shall fall within the jurisdiction of the Paris Court of Appeal.

The Customer shall be entitled to oppose communication of their details for market research purposes to the Company’s partners, by contacting the Company’s customer services department.

N.B.:

The Customer undertakes to notify Cellhire of any delay or default in delivery within 48 hrs. from the set delivery date.

In the event that the Equipment is delivered to the address indicated and is accepted by a third party (receptionist, PA…), the Customer shall be liable for the rental costs and any calls made on the Equipment by a third party, unless the Customer notifies Cellhire that they have not received the Equipment within 48 hours of the date set for delivery.

It shall be the customer ‘s responsibility to check the condition of the Equipment and to notify Cellhire of any impaired merchandise within 24 hours of delivery, failing which the Customer shall be held responsible for impairment to the Equipment, and invoiced accordingly.

Collection shall be performed according to the procedure described in the rental pack. This document is also available upon request. Should the Customer choose to send back the device by their own means, they shall be liable for the rental costs until the date the Equipment is received by Cellhire.

The Customer shall be responsible for the utilisation of the Equipment rented and for all damages caused to the Equipment. They may choose to cover themselves against liability for loss or theft by taking out Theft & Loss Protection, as laid down in the General Terms and Conditions.

If an order is cancelled less than 48 hours before delivery or after receipt of the Equipment, a penalty charge of 50 % of the order price shall be charged.