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Votacall’s Hardware Rental Program and Agreement (“Rental Agreement”) is available to those customers who have entered into a written contract for the purchase of Votacall Cloud Voice Services. For clarification, the Rental Agreement must be coterminous with all applicable Agreements and cannot be executed after the start of the Initial Term.
This Rental Agreement, when entered into, along with the Votacall VoIP Service Agreement, the Terms of Service (MSA and/or Online) and any applicable and mutually agreed upon Addendums define the terms and obligations of the relationship between Customer and Votacall.
This Rental Agreement is for the rental of certain hardware (each a “Rental Device”) from Votacall (collectively, the “Rental Services”). Votacall charges a recurring monthly fee for each Rental Device (collectively, the “Rental Fees”). As a part of your recurring bill from Votacall, you agree to pay the Rental Fees for all Rental Devices, using the same payment method and payment period as your payments for all Votacall Services, as defined in the Terms of Service.
Termination is governed by the Terms of Service. 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) in accordance with the Return section of this Rental Agreement, that Rental Device will no longer be considered a Rental Device upon the completion of a return. If you do not return a Rental Device (subject to Votacall’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 return a damaged Rental Device, or you do not appropriately package a Rental Device and therefore it is damaged in shipping, you will be deemed to have purchased that Rental Device at a purchase price set forth in the Purchases section of this Agreement.
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 Purchases section of this 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.
Votacall supplies a Warranty on all hardware provided under the Rental Agreement. Votacall provides a Life of the Relationship Warranty on Rental Devices under the Rental Agreement for normal wear and tear only. Any loss, abuse, misuse, damage due to environmental conditions or damage due to natural disaster of a Rental Device is not covered under the Warranty. The Warranty only covers the hardware, applicable software and remote assistance in setup of the replacement product. If Customer requires and/or would prefer onsite assistance, Customer will be billed hourly (2 hour minimum and visit charge) for an onsite technical visit.
Votacall is and will remain the owner of each Rental Device unless title is conveyed to you in writing following Votacall’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 Votacall’s ownership of each Rental Device.
Upon receipt of each Rental Device, you will examine each Rental Device, and unless you notify Votacall within five 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, transferred to any third party, damaged due to misuse, abuse, natural disaster or any other event or action outside of the terms set forth in the Terms of Service, regardless of the circumstances or cause, you will immediately notify Votacall in writing and pay Votacall a purchase price as set forth in the Purchases section of this Agreement.
You will ensure that: (a) 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; (b) 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; (c) any regulatory or certification markers affixed to a Rental Device may not be removed, defaced, or otherwise obstructed.
Rental Device Condition and Substitution
Customer acknowledges and agrees that any telephony or network equipment (“Rental Devices”) provided by Votacall under this Agreement—including but not limited to IP phones, routers, switches, power adapters, and related peripherals—may be either new or refurbished, at Votacall’s sole discretion. Refurbished Rental Devices shall be professionally restored to full operational condition, tested, and verified to meet all manufacturer and Votacall performance standards.
Votacall reserves the right to supply either new or refurbished Rental Devices for (a) any new implementation or system deployment, and (b) any replacement of Rental Devices for normal "wear and tear" as described in the Damage and Loss section of this Agreement.
In the event Votacall replaces a Rental Device under the Warranty, the replacement may be of the same or functionally equivalent make and model as the original unit. Functional equivalency shall be determined by Votacall based on compatibility, performance, and support requirements.
When you return a Rental Device, you agree to follow the return instructions provided by Votacall, return a fully functional and non-damaged Rental Device to Votacall, packaged appropriately so as to not be damaged during shipping, at your risk and cost, and you agree that, to the extent that you do not do so, you will be subject to the penalties described in the Rental Services section and laid out in the Purchases section of this Agreement relating to the payment schedule. 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.
You may purchase a Rental Device(s) at any time. Below is the Purchase schedule.
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, Votacall 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.
