Long term rental Pocket WiFi

This rental agreement ("Rental Agreement") defines the terms and conditions of the rental service of WiFis, smartphones and/or other data transmission and communication equipments including, but not limited to AC Adapter and USB cord ("Rental Devices") provided by Let's Internet Japan ("COMPANY") between COMPANY and the customer ("USER") who submits the rental order ("Rental Order") to COMPANY. The contract will be effective on the date ("Effective Date") when USER makes payment of the rental fee after the Rental Order is submitted by USER and confirmed by COMPANY.

 

1         Acceptance of the terms and conditions

By checking the "Agree with Rental Terms and Conditions" checkbox on the order form of COMPANY's web site and submitting a Rental Order, USER acknowledges having thoroughly read and understood the terms and conditions of the present Rental Contract and fully agreeing with its wording.

 

2        Term

This Rental Agreement shall commence on the Effective Date and remain effective until Rental Devices are received by COMPANY.

 

3         Rental Period

    3.1   Rental Start Date

The rental start date ("Rental Start Date") shall commerce from the date that USER specified in the Rental Order or the date that the rental devices are delivered to the location specified by USER, whichever comes later. Rental Start Date shall be the first day of rental fee calculation.

 

    3.2   Rental Period

The first rental period shall be one hundred twenty (120) days and any subsequent rental period shall be thirty (30) days. If USER doesn't give COMPANY a prior notice to terminate this Rental Agreement by email or phone before the end of a rental period, another 30-day rental shall be automatically renewed.

 

    3.3   Rental End Date

The rental end date ("Rental End Date") shall be the last date of the rental period when USER gives COMPANY a prior notice with an email or a phone call to terminate the Rental Agreement before the end of a rental period.

 

    3.4   Return Date

"Return Date" shall be the next date of Rental End Date and USER shall return Rental Devices based on section "10. Return."

 

4        Cancellation

USER shall be responsible for verifying beforehand the availability of service connectivity in a given area, and COMPANY shall not to be held responsible if such availability of service connectivity does not exist.

USER shall retain the right to examine Rental Devices for the first three (3) days after Rental Devices are delivered. If USER is not satisfied with the Rental Devices, USER may cancel the Rental Agreement free of charge. In this case, USER shall give COMPANY a notice of the cancellation by email or phone within the first three (3) days and return the Rental Devices in the same condition as USER received them within three (3) days after making the notice of the cancellation. If the Rental Devices are not returned to COMPANY three (3) days after USER gave COMPANY the notice of the cancellation, no refunds shall be made.

 

5        Ownership

Ownership and title to Rental Devices shall be retained at all times by COMPANY. USER shall immediately give COMPANY the notice if Rental Devices are lost or get damage. As a result of such event, USER shall compensate and hold harmless COMPANY against all losses and damages.

 

6        Use of Rental Devices

    6.1   Right to Use

USER may retain the right to use the Rental Devices as an end user only in Japan. Sale or rental of Rental Devices to a third party is strictly prohibited. Rental Devices shall not be operated or used in violation of the law or for any unlawful act.

 

    6.2   Good Care

USER shall be solely responsible for the good care and proper use of Rental Devices. USER shall not use Rental Devices in a manner that is inconsistent with the manufacturer's specification and/or user's guide and troubleshooting guides provided by COMPANY.

 

    6.3   Pocket WiFi with Advanced Mode

USER shall use a Pocket WiFi only with Advanced Mode. If USER uses the Pocket WiFi with Standard Mode and additional fees incurs by adding additional data access volume, the fees shall be charged to USER.

 

    6.4   Fair Use Policy of Pocket WiFi

There is a fair use policy to make sure that all WiFi customers receive a fast and reliable service. In case USER's data usage exceeds ten (10) GB within three (3) days, the carrier may throttle its WiFi speed based on the fair use policy. When the total data usage within the next three (3) days becomes less than ten (10) GB, the WiFi will automatically regain its normal speed at 6 am of the following day.

 

7        Fees

All fees below include taxes.

    7.1   Rental Fees

Rental Device	Fee / 30 days	Requirements
Pocket WiFi	5,650 JPY	The minimum rental period is 120 days.
iPhone 5s	8,500 JPY
Nexus 5	7,250 JPY
Extra battery	540 JPY

 

    7.2   Delivery Fee

580 JPY as delivery fee.

 

    7.3   Compensation Fee for Loss, Damage or Theft

Items	Compensation Fee
Pocket WiFi	20,000 JPY
iPhone 5s	80,000 JPY
Nexus 5	70,000 JPY
Extra battery	1,500 JPY
AC adapter	1,000 JPY
Micro USB cord	500 JPY
Carrying pouch	500 JPY

 

    7.4   Late Return Fee

2,000 JPY per day as late return fee.

 

8        Charges

USER shall pay all fees required under this Rental Agreement. By submitting a Rental Order to COMPANY, it shall be deemed that USER has granted authorization to COMPANY to charge an amount equal to all fees under the Rental Agreement to USER's credit card or with other way of payment previously agreed upon by both parties. Moreover, USER shall pay other fees covered under the Rental Contract, to the fullest extent permitted by existing laws, including but not limited to:

    a)    fees for optional services, such as calling fees;

    b)    applicable taxes, as required;

    c)    repair, damage or loss of Rental Devices, reduction or loss of usability of Rental Devices induced by damage or repair to them, and costs to implement such fees, including those covering claim and legal expenses.

    d)    re-delivery fees in the event that replacement for Rental Devices are requested by USER after USER damaged, lost, or had stolen Rental Devices.

    e)    fees caused by adding additional data volume in case unauthorized Standard Mode of Pocket WiFi is used.

    f)    any other expenses, including legal expense that resulted from the breach of this Rental Agreement.

 

COMPANY shall reserve the right without any exception to charge fees to USER's credit card for loss, damage or theft as compensation.

All payments agreed upon under the Rental Agreement are to be paid by USER by the date specified under the Rental Agreement. If USER does not submit the payment by the specified date, USER shall be liable to pay 15% of the total cost as compensation on top of the original payment, in addition to:

    g)    all fines, legal costs and other fees regarding Rental Devices assessed against COMPANY or the Rental Devices for the duration of the Rental Agreement, except for those when COMPANY is at fault.

    h)    all costs COMPANY incurs when USER fails to return the Rental Devices in finding and recovering Rental Devices

    i)     all costs, including legal expenses, deriving from collecting unpaid fees, in case USER fails to response to requests demanding payment.

 

9        Delivery

COMPANY will ship out a package with Rental Devices, manuals, a carrying pouch and a prepaid return envelope from the COMPANY's office after USER made payment of the rental fees and COMPANY confirmed it.

COMPANY will deliver Rental Devices to the designated hotel or home address, or a post office or a contracted counter at Narita International Airport, Haneda Airport, Kansai International Airport, Chubu Centrair International Airport, New Chitose Airport or Fukuoka Airport.

When USER rents a device, USER shall receive Rental Devices, manual and a prepaid return envelope.

 

10     Return

Upon expiration or termination of this Rental Agreement, USER shall return all Rental Devices to COMPANY in the same condition as USER received them.

USER shall put all Rental Devices in the carrying pouch, enclose the carrying pouch and the manual into the prepaid return envelope, seal it, and drop the return envelope in any mailbox in Japan.

In case COMPANY requests the return of Rental Devices, USER shall return the Rental Devices immediately. If Rental Devices are not returned by the required date, USER will be charged late return fee as a penalty for late return and COMPANY may take any required action to repossess the Rental Devices.

In the event USER is temporarily absent from Japan, USER is required to return all Rental Devices prior to departure and re-submit a new rental order if USER chooses to resume a rental service with COMPANY upon return to Japan.

 

11     Suspension of Service

Service for Rental Devices may be suspended two days after a reminder has been sent to USER informing that a rental fee charge has failed and USER takes no action to pay the outstanding fee.

 

12     Loss, Damage or Theft

In the case of loss, damage or theft of Rental Devices during the duration of the Rental Agreement, USER shall be subject to the following responsibilities:

    a)    In the event that Rental Devices are lost or stolen, file an incident report at the nearest police station and afterward, submit the resulting documentation to COMPANY.

    b)    In the event of damage, contact and return the Rental Devices to COMPANY immediately by using the provided prepaid return envelope.

 

13     Termination

COMPANY shall retain the right to immediately terminate the present Rental Contract without previous notification and request the immediate retrieval of Rental Devices if USER:

    a)    does not return the Rental Devices within the specific period previously agreed upon;

    b)    breaches the contract in any form;

    c)     knowingly submits false or incorrect information.

 

14     Warranty

All Rental Devices are guaranteed to be shipped to USER in good working conditions. If the Rental Device malfunctions, USER shall notify COMPANY immediately. COMPANY will provide customer support to offer the best alternative solution.

 

15     Disclaimer

If COMPANY is unable to meet a rental order for a given rental period submitted by USER, for example due to unavailability of Rental Devices, COMPANY shall not be held responsible for any loss or damage derived from such event.

COMPANY assumes no responsibility for the unusable situation resulted by the communication company who owns the line (including the packet usage limit set by the communication company per Fair Use Policy).

 

16     Force Majeure

COMPANY shall not be held responsible for delay or suspension of service caused by occurrences beyond COMPANY's reasonable control, including, but not limited to natural disasters, war, terrorism acts, coup d'etat, riots, worker strikes, suspension of production, volcano eruptions, or labor, resources, or energy crisis.

 

17     Indemnification

USER agrees to indemnify, defend, and hold harmless COMPANY, our officers, employees, independent contractors and other customers against any and all claims, demands, losses, costs, or expense, including but not limited to reasonable attorney's fees, in any way connected with (a) a breach of this Rental Agreement; and (b) any dispute between USER and any third party service, which you engaged through our information.

 

18     No Waiver

Failure of COMPANY to enforce any rights under the present Rental Agreement shall not be considered as waiver of consequent breaches. Any waiver of any breach of any provision of the present Rental Agreement granted by COMPANY shall not be considered as waiver of any succeeding breach of such provision. Acceptance of payment by COMPANY with awareness of a default by USER shall not be considered a waiver of any breach.

 

19     Governing Law

This agreement will be governed in all respects by the law of Japan.

 

20     Jurisdiction

The parties hereby consent to and confer exclusive jurisdiction upon Tokyo District Court over any disputes arising out of or relating to this Agreement.

 

21     Miscelaneous

COMPANY may change the terms and conditions without the consent of USER. In this case, this Rental Agreement will be replaced by the modified version on COMPANY's web site.