Terms and Conditions

Basically, we need to cover ourselves for the replacement cost of the unit if it doesn’t come back. I am sure you understand the need to do that for us to remain in business. Most of the below is lawyer-speak for that. We exist because of our excellent reputation for great service and would prefer that, in the unlikely event of a problem, to resolve any issue as amicably as possible to both of us. We want you to tell your friends about how good we are…

Phone Hire Australia (“Phone Hire“) and you, as the person placing an order with Phone Hire (“Subscriber“), hereby agree to the following terms and conditions (“Terms and Conditions“) with respect to the provision of telecommunications equipment, including, but not limited to, wireless devices, SIM cards and peripheral equipment (collectively, the “Equipment“) and related services (the “Service“). These Terms and Conditions are accepted by Subscriber upon placement of an order for Equipment, whether via Phone HireAustralia.com (the “Website“) or otherwise and constitute a binding and enforceable legal agreement between the parties.

These terms and conditions do not excuse the Subscriber of complying with the cellular phone service provider terms and conditions.

1. Authorization

1.1 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.

2. Delivery of Equipment

2.1 Phone Hire shall deliver the Equipment at its own risk to Subscriber at the address designated by Subscriber.

2.2 Phone Hire shall use reasonable efforts to deliver the Equipment by the requested delivery time but it shall not incur any liability in the event of any delay. In the event the Equipment is delivered after the requested delivery date, Subscriber’s only recourse is to not accept, and/or immediately return, the Equipment.

2.3 Subscriber shall accept the Equipment when delivered on or before the requested delivery time. If, for any reason, Subscriber fails or refuses to accept the Equipment when delivered on or before such date Subscriber shall be liable for the stated Rental Charge (as defined herein) and any applicable cancellation charge.

2.4 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 Equipment constitutes Subscriber’s acceptance of these Terms and Conditions.

2.5 Subscriber shall examine the Equipment upon receipt and immediately notify Phone Hire if the Equipment is not in good working order at the time of receipt or is not the Equipment ordered.

3. Return of Equipment

3.1 Unless otherwise agreed with Phone Hire, Subscriber shall return the Equipment to Phone Hire at the end of the Rental Period at the designated return address in good working order and in the same condition as when it was delivered to Subscriber. Subscriber shall return the Equipment in return packaging provided by Phone Hire to an agent or drop box of Phone Hire’s designated common carrier and in accordance with shipping instructions provided by Phone Hire at time of delivery of the Equipment. Should Subscriber return the Equipment using means other than those specified herein or other written instructions provided by Phone Hire at the time of delivery of the equipment. Equipment returned with any components or pieces missing will be deemed missing will be debited from the Subscriber bond in an amount equal to the Equipment value in accordance with Section 8 below.

4. Charges

4.1 Subscriber will pay the rental charges for the Equipment reflected on the Website and as invoiced by Phone Hire (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 Equipment ordered is returned to and accepted by Phone Hire (or one of its representatives), whichever is later.

4.2 Subscriber will pay for the usage of the telephone network directly to telephone company by purchase top-up credit for the phone. Phone Hire is not responsible for any change in the telephone company rates or service.

4.3 Subscriber is responsible for Rental Charges, Usage Charges, all applicable taxes, cancellation fees, late payment fees, charges for damaged Equipment, shipping charges and other charges and fees (collectively, the “Charges“) through the end of the Rental Period or until the Equipment is returned to Phone Hire as provided herein, whichever is later, whether or not Subscriber personally uses the Equipment or makes the calls for which the Usage Charges are imposed. If Subscriber orders the Equipment and cancels the order after it is shipped but before it is received, Subscriber will be charged for shipping. Cancellation after the order is received by Subscriber is prohibited.

4.4 Subscriber shall pay the rental charges, initial prepay account balance and bond upon ordering the service.

4.5 Phone Hire will refund subscriber the bond shortly after the mobile phone is returned and inspected. Sorry, but unlike PhoneHireNZ due to the expiry of unused credit here in Australia, we are unable to refund any remaining call credit remaining on the phone.

4.6 Subscriber shall be liable to Phone Hire 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 Phone Hire’s rights hereunder.

4.7 Subscriber must notify Phone Hire 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.

5. Form of Payment; Credit Card Charges and Authorization

5.1 By making the initial payment Subscriber authorizes Phone Hire to deduct all charges incurred hereunder from the bond.

6. In the Event of Loss of the Equipment

6.1 In the event the equipment is lost, Subscriber must notify Phone Hire as soon as possible.

6.2 Phone Hire will replace the Equipment as soon as possible after it has been notified of the loss by Subscriber and additional bond is paid. Phone Hire will provide Subscriber with the same or similar equipment (which shall constitute Equipment 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.

6.3 Phone Hire will charge the Subscriber for the lost equipment an amount that will be defined by Phone Hire according to the price of new equipment, similar to the lost one. The charge will be deducted from the Subscriber bond.

6.4 In any case Phone Hire will not be responsible for the lost credit on the lost phone account.

7. In the Event of theft of the Equipment

7.1 In the event the equipment was stolen, Subscriber must notify the police as soon as possible.

7.2 Phone Hire will replace the Equipment as soon as possible after it has been notified of the theft by Subscriber and Phone Hire will provide Subscriber with the same or similar equipment (which shall constitute Equipment 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 theft occurred.

7.3 In any case Phone Hire will not be responsible for the lost credit on the stolen phone account.

8. Use of and Damage to Equipment

8.1 Upon delivery to Subscriber, Phone Hire will provide an instruction leaflet on the use of the Equipment.

8.2 Subscriber will use the Equipment in a careful and proper manner and in accordance with the instructions and manufacturer’s specifications and in no other manner.

8.3 Subscriber agrees that he/she will not:

a) effect any repairs or modifications to the Equipment;

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

c) deface or add to the Equipment;

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

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

8.4 In the event of any loss, damage, destruction or disappearance of the Equipment subsequent to delivery to Subscriber, Subscriber bond shall pay deduct an amount equivalent to the value of the Equipment in accordance with Phone Hire then-current listed equipment purchase prices.

9. Repairs

9.1 If the Equipment is not in working order when received by Subscriber or subsequently malfunctions, Subscriber shall notify Phone Hire immediately.

9.2 So long as Subscriber is in compliance with these Terms and Conditions, Phone Hire will repair or replace the Equipment as soon as possible after it has been notified of the problem by Subscriber and Phone Hire will provide Subscriber with the same or similar equipment (which shall constitute Equipment 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.

9.3 If Phone Hire finds that Equipment 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 Equipment, in addition to any other Charges due hereunder.

10. Ownership

10.1 The Equipment, including the handset and all accessories will at all times remain the property of Phone Hire. Subscriber acquires no rights other than the right of temporary use. During the Rental Period, no service or part replacements are authorized without written approval from Phone Hire.

11. Warranty, Disclaimer of Warranty, Limitation of Liability, Indemnity

11.1 Phone Hire warrants that the Equipment will be in working order when it is delivered to Subscriber but is not liable for the performance of the Equipment (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 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.

11.2 EXCEPT AS PROVIDED IN SECTION 11.1, PHONE HIRE DISCLAIMS ALL WARRANTIES AND CONDITIONS WHETHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE IN TRADE, NONINFRINGEMENT AND THAT THE EQUIPMENT AND SERVICE WILL BE ERROR FREE.

11.3 Subscriber shall be solely responsible for and shall indemnify and hold harmless Phone Hire 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 Equipment or the Service provided hereunder.

11.4 PHONE HIRE WILL IN NO EVENT BE RESPONSIBLE, NOR SHALL SUBSCRIBER MAKE ANY CLAIM AGAINST PHONE HIRE, 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), 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.

12. Law

12.1 This agreement shall be governed by and construed in accordance with the laws in force in Australia and the Owner and the Customer hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the courts of Australia.

13. General

13.1 These Terms and Conditions can only be modified by a writing signed by an officer of Phone Hire. Specifically, they cannot be modified by any Phone Hire representative over the phone or by email.

13.2 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.

13.3 No waiver by Phone Hire of any breach of these Terms and Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.

13.4 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 Phone Hire or its authorized agent. These Terms and Conditions constitute the entire agreement between Phone Hire 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 Equipment or the Service, other than as set forth herein.

13.5 If the performance of any part of these Terms and Conditions by Phone Hire 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 Phone Hire, Phone Hire shall be excused from performance to the extent that it is prevented, hindered or delayed by such causes.

13.6 Phone Hire 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 Phone Hire from all liability. Subscriber may not assign these Terms and Conditions without Phone Hire’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.