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Customer Service Agreement Table of Contents 3. Form of Payment; Credit Card Charges and Authorization 6. In the event of loss of the Data Card 7. Use of and Damage to Data Card 10. Software - Technical Support Services 12. Warranty, Disclaimer of Warranty, Limitation of Liability; Indemnity Terms and Conditions of Rental RovAir, Inc. ("RovAir") and you, as the person placing an order with RovAir ("Subscriber"), hereby agree to the following terms and conditions ("Terms and Conditions") with respect to the provision of Data Card day pass or rental, (the "Service"). These Terms and Conditions are accepted by Subscriber upon placement of an order for Data Card, whether via RovAir.com (the "Website") or otherwise and constitute a binding and enforceable legal agreement between the parties.
(a) If Subscriber is an entity and not an individual, then the person accepting these Terms and Conditions represents and warrants that he/she has been properly authorized and empowered to do so on behalf of such entity. Back to top
2. Charges
(a) Subscriber will pay the rental charges for the Data Card reflected on the Website at the time of the reservation and as invoiced by RovAir (the "Rental Charges") from the date of delivery through the end of the rental period (the "Rental Period") or the date that all of the Data Card ordered is returned to and accepted by RovAir's common carrier (or one of its representatives), whichever is later. Subscriber will be responsible for a minimum of a 3 day rental period, plus all applicable shipping charges and sales tax (if applicable).
(b) Subscriber will be allocated an average of 1 gigabyte of combined data upload and download for each week of rental. Data limits for subscribers using the service for greater than or less than a week will be charged a prorated amount based on 1 gigabyte for each week of service. Subscribers using data in excess of the allocated amount will be charged .10 (cents) for each megabyte of data upload and download over the allocation. Data card usage is limited to the U.S. only, please visit our website for coverage maps within the U.S.
(c) Subscriber will be invoiced for one day of rental charges for each 24 hour period that the data card is in their possession. If subscriber initially intends to hold the Data Card for a longer period of time, and then decides to return it to RovAir early, the daily charge will be adjusted to reflect the daily rate for the lesser time period. i.e. if it is ordered for 7 days, but then returned after 3 days, the discount for 7 days will not be realized. (d) Subscriber is responsible for Rental Charges, shipping charges, all applicable taxes, cancellation fees, late payment fees, charges for damaged Data Card (unless Theft & Loss Protection Coverage is selected), charges for Theft & Loss Protection Coverage (if selected), and other charges and fees (collectively, the "Charges") through the end of the Rental Period or until the Data Card is returned to RovAir's common carrier as provided herein, whichever is later, whether or not Subscriber personally uses the Data Card or downloads the data for which the Usage Charges are imposed. If Subscriber orders the Data Card and cancels the order after it is shipped, Subscriber will be charged for shipping and a $50 cancellation fee.
(e) RovAir will authorize the credit card provided by the Subscriber 7 days prior to the time of reservation, or upon placing the order if within 7 days of the reservation. The provided credit card will be "authorized" for the cost of the estimated charges (as listed in section 2(d) detailed at the time of the reservation, plus an additional $250 as a deposit for the data card. We, will capture all charges at the time the data card is returned to RovAir from its common carrier. If data card is not returned at all, RovAir will capture the entire authorized amount and the data card service will be turned off. If the rental period is in excess of 7 days, we will capture amount owed for each 7 days of service. (f) If subscriber does not return data card at the expected time identified in their reservation, RovAir will capture the amount owed to date and reauthorize for an additional 3 days of service at the most current daily rate. Upon receipt of the data card from RovAir's common carrier, we will capture any additional daily rate owed. If at anytime the credit card provided is declined, we will invoice for the amount owed and require immediate return of all data cards in the subscribers possession.
(g) Subscriber shall be liable to RovAir for all expenses, including reasonable attorneys' fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce RovAir's rights hereunder.
(h) Subscriber must notify RovAir in writing of any disputes regarding Charges within 60 days of receipt of the invoice containing the disputed Charge or the right to dispute the Charge will be waived.
(i) RovAir is entitled to charge the Subscriber's credit card, on a delayed basis, at any time after the Data Card has been returned for any data Usage Charges incurred in excess of the limits set forth above. Data usage is limited to the United States only, if traveling outside the United States, a $0.04 per kilobyte charge will be incurred for any and all data uploads or downloads whether or not RovAir is aware of such charges at the time of the return of the Data Card. (j) All Charges and other amounts invoiced pursuant to these Terms and Conditions are payable by Subscriber at the end of the Rental Period as set forth in Section 4(e), or if not computed or provided at the end of the Rental Period, then upon invoice or demand from RovAir to Subscriber. Back to top
3. Form of Payment; Credit Card Charges and Authorization
(a) Unless otherwise agreed, Subscriber shall submit information from a U.S. based credit card (the "Credit Card") when ordering the Data Card and Service. Debit Visa and Mastercard are not accepted, however a hold will be placed on the card prior to the reservation for the estimated charges. The Credit Card will be charged the amount invoiced by RovAir automatically upon generation of an invoice. Subscriber authorizes RovAir to charge the Credit Card for all charges incurred hereunder. Additionally, RovAir may charge the Credit Card for Charges incurred prior to an invoice date if Charges exceed $500.00 during a billing period.
(b) Upon placement of the order and prior to incurring any Rental or Usage Charges, Subscriber authorizes RovAir to immediately submit a charge on the Credit Card in an amount to be determined by RovAir (the "Authorization Amount"). Determination of the Authorization Amount is in RovAir's sole discretion, but is anticipated to be equal to the estimated charges invoiced, plus $250.00. The Authorization Amount is considered temporary and is used to confirm validity of and availability of credit on the Credit or Debit Card in the estimated amount of future Charges.
(c) RovAir may, in its sole discretion, accept non-U.S. credit card information from Subscriber assuming it is a Visa, Mastercard, Discover, or American Express.
(d) By providing RovAir with the Credit Card account for payment, Subscriber represents that he or she is at least 18 years of age and authorized to make charges on such account.
(e) Non Visa or Mastercard Debit cards are not an acceptable form of payment. RovAir disclaims any and all liability for any damages incurred by Subscriber as a result of using a debit card, including, but not limited to, NSF charges. Back to top4. Delivery of Data Card
(a) RovAir shall deliver the Data Card at its own risk to Subscriber at the address designated by Subscriber. The data card cannot be delivered to a Post Office Box.
(b) RovAir shall use reasonable efforts to deliver the Data Card by the requested delivery time but it shall not incur any liability in the event of any delay. In the event the Data Card is delivered after the requested delivery date, Subscriber's only recourse is to not accept, and/or immediately return, the Data Card.
(c) Subscriber shall accept the Data Card when delivered on or before the requested delivery time. There will be no charge to the Subscriber for additional day(s), if they receive it early. If, for any reason, Subscriber fails or refuses to accept the Data Card when delivered on or before such date Subscriber shall be liable for the stated Rental Charge (as defined herein) and any applicable cancellation charge.
(d) Placement of Subscriber's order via the Website constitutes acceptance of these Terms and Conditions. If Subscriber's order is placed via telephone or any other method, acceptance and use of the Data Card constitutes Subscriber's acceptance of these Terms and Conditions.
(e) Subscriber shall examine the Data Card upon receipt and immediately notify RovAir if the Data Card is not in good working order at the time of receipt or is not the Data Card ordered. (f) RovAir reserves the right to choose the common carrier best suited for the delivery of the data card. (g) Subscriber will be charged a flat fee for the shipping charges, which will include delivery and return shipping Back to top
5. Return of Data Card
(a) Unless otherwise arranged with RovAir, Subscriber shall return the Data Card to RovAir at the end of the Rental Period to the designated return address in good working order and in the same condition as when it was delivered to Subscriber. (b) Subscriber must return the Data Card in return packaging provided by RovAir to an agent or drop box of RovAir's designated common carrier and in accordance with shipping instructions provided by RovAir at time of delivery of the Data Card. (c) Should Subscriber return the Data Card using means other than those specified herein or other written instructions provided by RovAir at the time of delivery of the Data Card, all Charges will continue to accrue, and Subscriber will remain liable for any Charges and any damage to the Data Card while the Data Card is in transit. (d) Data Card returned with any components or pieces missing will be deemed missing and Subscriber will be charged in an amount equal to the Data Card value in accordance with Section 7 below unless Subscriber has purchased Theft & Loss Protection coverage, in which case Subscriber will be charged in accordance with Section 9 below. Back to top
6. In the event of loss of the Data Card
(a) In the event the Data Card is lost, Subscriber must notify RovAir immediately. Subscriber is responsible for all Charges incurred on the Data Card up to the time that the subscriber contacts RovAir. (b) Subscriber is responsible for up to $250 for the replacement of a lost data card unless the Theft and Loss Protection coverage is accepted; however, a $25 deductible is still applicable if the Protection Coverage is selected. Back to top
7. Use of and Damage to Data Card
(a) Upon delivery to Subscriber, RovAir will provide PDF instructions on the use of the Data Card; instructions are also available on our website.
(b) Subscriber will use the Data Card in a careful and proper manner and in accordance with the instructions and manufacturer's specifications and in no other manner.
(c) Subscriber agrees that he/she will not: effect any repairs or modifications to the Data Card; remove or interfere with any certification markers affixed to the Data Card; deface or add to the Data Card; sublet or allow the use of the Data Card by any third party; or attempt to dispose of the Data Card or to grant any interest in the Data Card to any third party.
(d) In the event of any loss, damage, destruction, theft or disappearance of the Data Card subsequent to delivery to Subscriber, regardless of circumstances, Subscriber shall pay to RovAir on demand, an amount equivalent to the value of the Data Card in accordance with RovAir's then-current listed Data Card purchase prices. In the event the Data Card is stolen or lost, Subscriber is liable for all Charges on such Data Card until they have contacted RovAir. Back to top
8.Repairs
(a) If the Data Card is not in working order when received by Subscriber or subsequently malfunctions, Subscriber shall notify RovAir immediately. Subscriber is responsible for and will be invoiced for all Charges incurred through the date Subscriber notifies RovAir that the Data Card is not working.
(b) So long as Subscriber is in compliance with these Terms and Conditions, RovAir will repair or replace the Data Card as soon as possible after it has been notified of the problem by Subscriber and RovAir will provide Subscriber with the same or similar Data Card (which shall constitute Data Card for purposes of these Terms and Conditions) as soon as possible for a period equivalent to the unexpired portion of the Rental Period when the malfunction occurred.
(c) If RovAir finds that Data Card reported as faulty is in working order or is faulty as a result of violation of these Terms and Conditions, then Subscriber will pay the cost of collection and delivery of the replacement Data Card, in addition to any other Charges due hereunder. Back to top
9. Theft & Loss Protection
(a) If Subscriber has requested and paid for Theft and Loss Protection and complied with this Section, then Subscriber will not be liable to pay for the full value of the Data Card as otherwise required in these Terms and Conditions.
(b) This Section will only apply if (a) Subscriber requests and has paid for Theft & Loss Protection coverage and (b) the Data Card is not returned to RovAir in accordance with the provisions of these Terms and Conditions due to theft, accidental loss or is inoperable due to accidental damage.
(c) In order to exercise coverage under Theft and Loss Protection Subscriber shall (a) pay the applicable $25 deductible, and (b) immediately notify RovAir upon theft of or accidental loss or damage to the Data Card. (d) The initial notice to RovAir should be by phone, but must be followed by written notice within 48 hours. The written notice must (a) describe in detail the facts surrounding the theft, accidental loss or accidental damage, including the date of same, and (b) identify the name of the RovAir representative contacted immediately upon loss, as well as the date and time of such contact. Upon request, Subscriber must provide evidence of theft by submitting a copy of a written police report to RovAir. Back to top
10. Software - Technical Support Services (a) Subscriber will be required to install software from RovAir's data service provider (Sprint). Latest Software downloads are available on Sprint's website. A link to these downloads are available on the support section of our website. RovAir will also provide a copy of the software with the delivery of the Data Card. (b) Software installation is straightforward, however, if problem arises, RovAir will provide technical services support by dialing (1-866-768-2479) and pressing "2"'. Back to top
11. Termination
(a) The use of the Data Card and all Service may be terminated or deactivated without notice by RovAir upon any of the following events:
(b) RovAir may also terminate these Terms and Conditions without any liability whatsoever in the event that Service is not available to RovAir or becomes unavailable for any reason. Back to top
12. Warranty, Disclaimer of Warranty, Limitation of Liability; Indemnity
(a) RovAir warrants that the Data Card will be in working order when it is delivered to Subscriber but is not liable for the performance of the Data Card (except as specifically provided in Section 8) or the operation of the network to which it is connected, it being acknowledged by Subscriber that Service may be temporarily interrupted (including internet interruptions), delayed or otherwise limited due to a variety of causes, including without limitation transmission limitations and by atmospheric and other conditions, system capacity limitations and system and Data Card failure.
(b) Subscriber shall be solely responsible for and shall indemnify and hold harmless RovAir against any and all claims, demands and liability, including reasonable attorneys' fees and expenses, arising as a result of Subscriber's lease, possession, use, or misuse of the Data Card or the Service provided hereunder.
(c) ROVAIR WILL IN NO EVENT BE RESPONSIBLE, NOR SHALL SUBSCRIBER MAKE ANY CLAIM AGAINST ROVAIR, FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL CAUSED BY THE DATA CARD OR THE FAILURE OF THE DATA CARD TO OPERATE CORRECTLY, OR AT ALL, OR DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICE), FAILURE OF SERVICE OR DEACTIVATION OF SERVICE PURSUANT TO THESE TERMS & CONDITIONS. IF APPLICABLE STATE LAW DOES NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, THE RELEVANT PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY. Back to top
13. Applicable Law
(a) These Terms and Conditions shall be deemed entered into in Middlesex County, Massachusetts and shall be governed by the laws of the State of Massachusetts. In addition, these Terms and Conditions are subject to applicable foreign, federal and state laws and tariffs. Back to top
14. General
(a) These Terms and Conditions can only be modified by a writing signed by an officer of RovAir. Specifically, they cannot be modified by any RovAir representative over the phone or by email.
(b) The headings in these Terms and Conditions are for convenience of reference only and shall not affect the meaning or construction of the provisions contained herein.
(c) Subscriber's rights and obligations under these Terms and Conditions cannot be assigned or transferred by Subscriber, nor can they be modified or waived except by written instrument signed by RovAir or its authorized agent. These Terms and Conditions constitute the entire agreement between RovAir and Subscriber; there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the Data Card or the Service, other than as set forth herein.
(d) RovAir is not liable for any lack of privacy which may be experienced with regard to the Service. Subscriber authorizes RovAir's monitoring of upload and downloads concerning Subscriber's usage.
(e) If the performance of any part of these Terms and Conditions by RovAir is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, terrorist attack, or any other causes beyond the control of RovAir, RovAir shall be excused from performance to the extent that it is prevented, hindered or delayed by such causes.
(f) RovAir may assign all or part of its rights or duties under these Terms & Conditions without the notice to Subscriber, except to the extent required by law. Such an assignment releases RovAir from all liability. Subscriber may not assign these Terms and Conditions without RovAir's prior written consent. Subject to these restrictions, these Terms and Conditions will bind the heirs, successors, and assigns of the respective parties who will receive its benefits. Back to top |
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