1. Authorization

1.1 If the Customer is an entity other than an individual, then the person signing the Agreement represents and warrants that he/she has been properly authorized and empowered to enter into the Agreement on behalf of such entity.

 2. Charges

2.1 The Customer will pay the Rental Charge from the Delivery Time until all of the Equipment specified in the Rental Agreement is returned to and accepted by iNet. Equipment rental charges apply to full days and fractions thereof.

2.2 The Customer will pay the Call Charges for all calls made and received on the Equipment after delivery until it is returned to and accepted by iNet or received by one of its representatives.

2.3 The Customer shall be billed for each incoming, outgoing, completed, incomplete or attempted call in full minute increments, with partial minutes rounded to the next full minute, in accordance with cellular billing practices.

2.4 iNet is entitled to bill the Customer, on a delayed basis, at any time after the Equipment has been returned for any and all charges for which the Customer shall be responsible pursuant hereto, whether or not iNet is aware of such charges at the time of the return of the Equipment. All charges and other amounts billed pursuant to this Agreement are payable by the Customer at the end of Rental Period as set forth in Section 3.6, or if not computed at the end of Rental Period, then upon demand given by iNet  to the Customer. 

2.5 The Rental Charge, the Call Charges and any other amounts due to iNet under this Agreement are payable at the end of the Rental Period or, in the case of long term rentals, at the end of every billing period, whichever is shorter. iNet shall be entitled to charge interest at the rate of 2% per month (or part month) on any overdue amounts. In no event will any late payment charges exceed the highest lawful rate.

3. Credit Card Authorization

3.1 The Customer will submit a credit card to iNet  for authorization in an amount of HK$ 2,000  (the “Authorization Amount”). iNet shall have the right to charge and reauthorize Customer’s credit card each time Customer’s account balance reaches the Authorization Amount. iNet reserves the right to increase the Authorization Amount depending on the quantity of the Customer’s order.

 4. Use of Equipment

4.1 Upon delivery to the Customer,  iNet will provide an instruction on the use of the Equipment.

4.2 The Customer will use the Equipment in a careful and proper manner and in accordance with the instructions and in no other manner.

4.3 The Customer agrees that he/she will not:

4.3.1 effect any repairs or modifications to the Equipment;

4.3.2 remove or interfere with any certification markers affixed to the Equipment;

4.3.3 deface or add to the Equipment;

4.3.4 sublet or allow the use of the Equipment by any third party; or

4.3.5 attempt to dispose of the Equipment or to grant any interest in the Equipment to any third party.

4.4 In the event of any loss, damage, theft or disappearance of the Equipment while on rental, regardless of circumstances, the Customer shall pay to iNet on demand, an amount equivalent to the value of the Equipment in accordance with iNet’s then-current listed Equipment sales prices. In the event the Equipment is stolen or lost, the Customer is liable for all Call Charges on such Equipment until it is deactivated by the cellular carrier. 

5. Repairs

5.1 If the Equipment is not in working order when received by the Customer or subsequently malfunctions then the Customer will notify iNet immediately.

5.2 iNet will repair or replace the Equipment as soon as possible after it has been notified of the problem by the Customer and, provided the Customer is not in breach of the Rental Agreement, iNet will provide the Customer with the same or similar equipment (which shall constitute Equipment for purposes of this Agreement) as soon as possible for a period equivalent to the part of the Rental Period unexpired when the malfunction occurred.

6. Liability 

6.1 iNet warrants that the Equipment will be in working order when it is delivered to the Customer but cannot be responsible for the performance of the Equipment or the operation of the telephone network to which it is connected, it being acknowledged by the Customer that Services may be temporarily interrupted (including dropped calls), 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 equipment failure.

6.2 iNet MAKES NO OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR THE CELLULAR PHONE SERVICES FURNISHED UNDER THIS AGREEMENT.

Subject to Section 8 the Customer shall be solely responsible for and shall indemnify and hold harmless iNet against all claims, demands and liability arising as a result of lease, possession use, condition, operation or misuse of the Equipment or the cellular phone services provided hereunder whether in breach of Section 5 or otherwise arising howsoever.

iNet  WILL IN NO EVENT BE RESPONSIBLE NOR SHALL THE CUSTOMER MAKE ANY CLAIM AGAINST CELLHIRE FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL CAUSED BY THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL OR DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICE) OR FAILURE OF THE SERVICES.

 6.3 iNet  reserves the right to deactivate the Equipment at any time and without notice to the Customer, in the event that iNet detects unusually high usage or possible fraud in accordance with general operating practices and procedures in the cellular industry, and iNet  shall have no liability whatsoever to the Customer for such deactivation.

 7. Ownership

7.1 The Equipment, including the handset and all accessories will at all times remain the property of iNet. The Customer acquires no rights other than temporary use. During the Rental Period no service or part replacements are authorized without written approval from iNet. The Customer agrees that he/she has examined the Equipment and that the Equipment is in good working order at the time of receipt. 

8. Termination

8.1 Should the Customer (a) obtain use of the Equipment by any misrepresentation or fraudulent means, or (b) tamper with the cellular telephone meter, or (c) use the Equipment for any illegal or improper purpose, or in violation of applicable laws, or (d) otherwise commit a breach of these terms and conditions then iNet may, at its option and in addition to other remedies available hereunder at law or in equity, (i) terminate this Agreement, (ii) immediately terminate all services to the Customer, and (iii) take immediate possession of the Equipment without being obliged to repay any portion of the Rental Charges. iNet  may also terminate this Agreement without any liability whatsoever to the Customer in the event that service is not available to iNet  by a systems operator. No remedy of iNet shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.

9. General

9.1 The headings in this Agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.

9.2 No waiver by iNet of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.

9.3 This Agreement cannot be assigned or transferred by the Customer, nor can this Agreement be modified (or any provision waived or modified) except by written instrument signed by iNet  or its authorized agent. This Agreement constitutes the entire agreement between iNet  and the Customer; there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the Equipment or the Services, other than as set forth herein.

9.4 iNet  is not liable for any lack of privacy which may be experienced with regard to the Services. The Customer authorizes iNet ’s monitoring and recording of calls concerning the Customer’s account or the Services and consents to iNet ’s use of automatic dialing equipment to contact the Customer. iNet  has the right to intercept and disclose transmissions in order to protect its rights or property.