Accent’s Device Rental Agreement (“Rental Agreement”) is available to those customers who have entered into a written contract for the purchase of Accent’s cloud Services (hereafter, the Agreement) with a defined Initial Term and a Renewal Term and shall apply to those Customer’s submitting an Order for Service which includes the rental of telecommunications hardware and devices. The Rental Agreement must be coterminous with the Agreement and the customer must enter into the Rental Agreement at the same time as the Agreement. This Device Rental Program is offered and available to United States Residents only.
This Rental Agreement, when entered into, will form part of the Accent Office Plan Purchase Agreement, the terms of which are incorporated herein by reference, including, without limitation, all defined terms. Any capitalized terms not defined herein will have the same meaning as in the Accent Office Plan Purchase Agreement, as applicable.
RENTAL SERVICES
This Rental Agreement is for the rental of certain telephone and telecommunication hardware (each a “Rental Device”) from Accent (collectively, the “Rental Services”). Accent may charge a recurring monthly fee for each Rental Device (collectively, the “Rental Fees”) or the Rental Fees may be included as part of the Customer’s pricing tier. As a part of your recurring bill from Accent, you agree to pay the Rental Fees for all Rental Devices, using the same payment method and payment period as your payments for Accent’s Services, as defined in your Agreement. Accent will pro-rate the Rental Fees for any equipment that is rented, for the initial period from the start of the rental period until the end of then-current billing period for the Services, and the start of the rental will begin on the date a Rental Device is recorded as delivered by a designated courier (the “Rental Start Date”).
The Rental Services with respect to a Rental Device shall commence on the Rental Start Date and terminate upon the earliest to occur of (a) either Party delivers written notice of termination of this Rental Agreement to the other Party in accordance with the terms set forth in the Agreement, (b) the termination of the Agreement.
Upon any termination of the Rental Agreement or Rental Services, you agree to return or purchase a Rental Device (including all accessories and materials that were provided with the primary hardware device) consistent with Accent’s written instructions and in accordance with the Return or Purchase Rights section of this Rental Agreement, and that Rental Device will no longer be considered a Rental Device upon the completion of a return or purchase. If you do not return a Rental Device (subject to Accent’s inspection and acceptance of the returned Rental Device in its reasonable discretion) within thirty (30) days following the termination of the Rental Services for such Rental Device, you will be deemed to have purchased that device at a purchase price equal to (1) during the first 12 months after you received the Rental Device, 100% of the Rental Device’s then-current Accent list price shown on Accent’s web site, or (2) after such 12 month period, 80% of such list price, and you agree to pay the applicable purchase price.
If you wish to upgrade a Rental Device, the replacement of the current Rental Device shall be deemed a termination of the Rental Services with respect to the current Rental Device and be subject to the termination provisions hereof, including the return or purchase provisions for the Rental Device set forth in the Return or Purchase Rights section of this Rental Agreement; provided that the Rental Services for the current Rental Device shall be deemed to terminate, and the Rental Services of the replacement Rental Device shall commence, on the date the replacement Rental Device is recorded as delivered by a designated courier.
The Rental Fees for the Rental Services do not include additional services you may select, taxes, fees, international usage, and other additional services. Sales tax varies by jurisdiction of purchase or rental and may be calculated based on full retail price or Accent cost price, as determined by the tax law in the jurisdiction of purchase or rental.
RENTAL DEVICES OWNERSHIP; DAMAGE AND LOSS
Accent is and will remain the owner of each Rental Device unless title is conveyed to you in writing following Accent’s confirmation to you of its receipt of your payment in full of the purchase price for the Rental Device. You will not grant any third party any right to use, possess, or control any Rental Device, sublease any Rental Device, attempt to dispose of any Rental Device, grant any interest or right in a Rental Device to any third party, or otherwise do anything that undermines Accent’s ownership of each Rental Device. Accent may, without notifying you, assign Accent’s interest in any Rental Device, and in that event, Accent’s assignee will have all of Accent’s rights in the Rental Device under this Agreement, but none of Accent’s obligations. You agree not to assert against Accent’s assignee any claims, offsets, or defenses you may have against Accent. Upon Accent’s request, you will execute and deliver to Accent any documents or forms for protecting Accent’s ownership and interest in each Rental Device, including finance statements under the Uniform Commercial Code.
Upon receipt of each Rental Device, you will examine each Rental Device, and unless you notify Accent within five (5) business days of your receipt of a Rental Device to any issue with a Rental Device, each Rental Device is deemed to be in good working order at the time of receipt. In the event that any Rental Device delivered to you is stolen, lost, damaged, or transferred to any third party, regardless of the circumstances or cause, you will immediately notify Accent in writing and pay Accent a purchase price equal to (1) during the first 12 months after you received the Rental Device, 100% of the Rental Device’s then-current Accent list price shown on Accent’s web site, or (2) after such 12-month period, 80% of such list price. This obligation does not apply to any damage to a Rental Device that is covered by the manufacturer’s warranty.
RENTAL DEVICE USAGE
You will ensure that: (a) each Rental Device will only be used in a careful and proper manner and in accordance with the written instructions provided with it by Accent, as may be updated by Accent or the manufacturer of the Rental Device from time to time; (b) each Rental Device will be used with due care and will not be defaced, modified, or used or operated in any manner or for any purpose in violation of any federal, state, or local law or regulation; (c) each Rental Device must remain within the United States and may not be exported or re-exported to any country contrary to U.S. export laws; (d) any regulatory or certification markers affixed to a Rental Device may not be removed, defaced, or otherwise obstructed; and (e) each Rental Device will only be repaired subject to Accent’s express written authorization and in accordance with Accent’s instructions and requirements.
RETURN OR PURCHASE RIGHTS
Returns
When you return a Rental Device, you agree to return a fully functional and non-damaged Rental Device to Accent, at your risk and cost, and you agree that, to the extent that you do not do so, you will be obligated to pay Accent a re-stocking fee in the amount of thirty-five dollars ($35.00). You agree to pay all shipping and handling charges related to any Rental Device and related hardware returns.
All Rental Devices and related hardware must be fully functional, include all components, manuals, peripheral devices, and all other accessories that were originally shipped with the Rental Device. At our discretion, we may decline your return or charge you an additional fee of thirty dollars ($30) for each missing item or for each item that we determine is damaged or not in good working condition.
Before returning any Rental Device or hardware that has data in its memory, please transfer all files you wish to retain to another file source. Once the hardware is returned, your files cannot be recovered and you release us of any liability for any lost, damaged, or destroyed files, data, or other information.
Purchases
You may purchase a Rental Device at any time following 12 months from the date you received the Rental Device. You agree to purchase the Rental Device for 80% of the Rental Device’s then-current Accent list price shown on Accent’s website or via an Accent provided price quote.
Other Remedies
If you are obligated to return or purchase a Rental Device subject to this Return or Purchase Rights section of this Rental Agreement, and you have not returned a Rental Device or you have defaulted in any obligation to pay the purchase price due for a Rental Device to be purchased, Accent may, in addition to those remedies available at law, in equity, or as otherwise set forth in this Agreement, take possession of any or all Rental Devices without demand, notice, or legal process, wherever each Rental Device may be located, and you hereby waive any and all damages occasioned by that taking of possession.
WARRANTY DISCLAIMER
EACH RENTAL DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND ACCENT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. ACCENT MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). THE ENTIRE RISK ASSOCIATED WITH THE USE OF ANY RENTAL DEVICE SHALL BE BORNE SOLELY BY YOU.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ACCENT CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
GENERAL TERMS
You authorize us to collect any payment owed by you hereunder from your payment method, as provided in your Agreement. This Rental Agreement, which is subject to and incorporates by reference the Agreement constitutes the complete, final, and exclusive embodiment of the entire agreement between you and the Company regarding the Rental Services. In signing the Agreement, the undersigned represents to Accent that the undersigned has full power and authority to perform all of its obligations hereunder. This Rental Agreement is the binding obligation of the undersigned, enforceable against the undersigned in accordance with its terms.