Terms & Conditions

Lessor, Hello Anywhere Inc., (herein after called "Hello Anywhere") hereby rents cellular phone/satellite phone/pager/radio and/or equipment (herein after called the "Product") to Lessee (herein after called “Customer”) subject to all the terms and conditions of this agreement, in consideration where of Lessee hereby acknowledges and agrees to the following terms: 

  1. Lessee acknowledges receipt of Product and other equipment in good working order, and agrees to keep this equipment in good operating condition.  It is the responsibility of Lessee to inform Lessor of any damage or malfunction upon receipt of Product.  Lessee agrees to return said product (FOB) rental agency, by date due, in the same condition as received by the Lessee, less normal wear and tear.

  2. The Lessee hereby agrees, that no responsibility will be attached to the Lessor, while this Product is in his (its) possession and further agrees to hold the Lessor free from all liability in the operation indirectly or directly of this Product while in his/her possession.

  3. It is agreed that the Lessor makes no warranty or guarantee whatsoever as to the Product or its performance.  Although Lessor can attempt to find out if there is suitable coverage and/or services for rental Product, in no way, shape or form can or will the Lessor be held liable for non-performance.  It remains the Lessee’s responsibility to determine and establish coverage and/or service issues.  A refund will only be issued when and if upon return that Product can be demonstrated to be performing unsatisfactory.

  4. The Lessee hereby releases the Lessor from any & all claims, demands & liabilities relating to any loss or damage arising out of or in connection with or resulting from defects of any kind in the design,  manufacture or operation of Product and shall defend, indemnify and hold the Lessor harmless against any & all claims, demands, actions, suits or proceedings arising out of, connected with or resulting from any such defect(s) in the design or manufacture or operation of Product.

  5. This agreement is contingent upon strikes, accidents, or delays due to any causes whatsoever.

  6. The Lessee shall not transfer, assign or pledge part or all of the benefits of this rental or sublet, lend or abandon Product without the prior written consent of Lessee.

  7. In the event that any payment of rental or additional rental is not made on which it is due and payable, or if a cheque or credit card is dishonored for lack of funds or otherwise, or if the Lessee fails to observe or perform any other provisions of the Rental required to be observed, kept, or performed by the Lessee, or breaches any other provisions of this Rental, the Lessor shall have the right to take possession of Product, without demand or notice, wherever  the Product may be located, without any court order or process of law.

  8. Time is of the essence of this Rental, and each and all of its provisions.  Rental period starts when Product leaves Lessor's rental agency and ends when returned to Lessor's agency.  Once a reservation has been placed and/or formal Rental Agreement has been signed, a cancellation fee of $10-100 per Product will apply.

  9. The Product is, and will remain the sole and exclusive property of the Lessor and the Lessee shall have no right, title, or interest except as expressly set forth under these terms & conditions.  The Lessee shall protect the Protect against distress, execution, or seizure and if any execution or distress is levied on the property of the Lessee where the Product is kept, Lessee shall give written notice to the Lessor under such circumstances and the Lessor may forthwith without notice repossess Product at any premises where it is believed to be.  Any monies due at that time by the Lessee shall immediately become due and payable.

  10. Lessee acknowledges that although charges might be billed simultaneously with the rental agency, they are separate.

  11. The Lessee understands that the minute usage charge is based on a “Cumulative” or “Lifetimer” on phone.  Each time the [Send] or [Ok] button is pressed for incoming and  outgoing calls, a minute will be added to the timer, regardless of whether the Lessee connects with the network or a busy signal results.

  12. Lessee shall pay lessor on demand the sum of a daily charge as indicated on Rental Contract and a minute usage charge which is based on a cumulative timer on the phone operator assisted calls, voice mail, roamer and long distance charges.  Airtime usage in seconds will be rounded to the nearest minute for calculation purposes.

  13. If Product requires delivery or pick-up, there may be a $10-100 charge each way.  If product requires cleaning upon return, Lessee may be subject to a cleaning charge and if cleaning becomes impossible, there will be a replacement charge.

  14. Should Lessee travel outside the home service area (Ontario & Quebec), roamer usage charges, roamer tax and foreign tax will be charged.  Roamer  usage charges (will be calculated according to our regular minute markup for the home area).  A markup of 25-40 percent will be applied to these charges which will be billed to the Lessee's credit card.  Any collect calls accepted, regardless of whether by Lessee or any other person during the rental period and any outgoing and incoming long distance calls, will be billed to the Lessee's credit card at a markup of 25-40 percent.

  15. Lessee will pay on demand all charges herein, and agrees to be billed for any charges incurred by the Lessee not included in this agreement.  Lessee gives Hello Anywhere the right to submit an unsigned credit card vouchers indicating that the renter's signature is on file, or to amend, alter, complete or execute on behalf of Lessee a credit card voucher in Lessee's name for payment of any outstanding charges.  Hello Anywhere reserves the right to bill Lessee within 365 days.

  16. In co-signing this agreement if the Lessee is a firm, corporation or association the word Lessee shall mean and include both the said firm, corporation or association, and the agent so signing this agreement and everything herein contained shall extend to ensure to the benefit of and being binding upon the parties hereto, their heirs, executors, administrators, successors and assignors. 

  17. Any monies not paid by Lessee when due shall bear interest at a rate of 24% per annum calculated and compounded monthly from the due date thereof to the date of payment.

  18. If unit is lost or damaged, there will be a maximum liability of $100-2,500/Unit depending on type of Product.  Should single pieces of equipment be lost or damaged, the Lessee will be required to pay full replacement value of those items.  Replacement values are as follows: cellular phone, radio and/or other equipment (as indicated on Rental Contract), each battery ($100-200), a cigarette lighter adapter ($50-150), a carrying case ($100), a charger ($100-150), an antenna ($40-100) & a phone case and/or belt clip ($50-100).

  19. Deductible is Void when, the phone receives any form of water or fluid damage which is unrepairable by the supplier.  Full replacement value will be expected based on the type of phone.

  20. Lessee understands that the itemized billing charge of $5/Unit will only provide a complete breakdown for all North American & overseas long distance calls or  roaming usage charges.  Local airtime usage will only be determined by reading  “Cumulative” or “Lifetimer” of phone.

  21. Lessor reserves the right to change the deductible and the daily insurance charges according and depending on the usage situation.

  22. Lessee agrees to report to the Lessor full particulars of any accident, loss or damage to Product by verbally contacting Lessor immediately as well as a full and completed police report.   Lessee will pay the cost of obtaining an occurrence report from the police and for a reconnection charge of $25 of said Product.

  23. General safety information: Do not hold the phone/radio such that the antenna is in contact with exposed parts of the body, while the unit is turned on. Do not operate in an airplane, do not allow children to play with the phone and do not operate this equipment near electrical blasting caps or in an explosive atmosphere.  Should the product require cleaning contact the Lessor or Hello Anywhere Inc. (416) 367-4355 or at 1 (888)   SAY HELLO (729-4355).

Copyright 2008 Hello Anywhere, Inc. All rights reserved. 

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