Phone Lease Program and Rental Agreement

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VOIPx3’s Phone Lease Program and Rental Agreement (“Rental Agreement”) is available to those customers who have entered into a written contract for the purchase of VOIPx3 Office Services (hereafter, the VOIPx3 Office Plan Purchase Agreement) with a minimum Initial Term of at least twenty-four (24) months and a Renewal Term of at least eighteen (18) months. For clarification, the Rental Agreement must be conterminous with the VOIPx3 Office Plan Purchase Agreement and for an Initial Term of at least twenty-four (24) months, and the customer must enter into the Rental Agreement at the same time as the Start Date of the VOIPx3 Office Plan Purchase Agreement. This Phone Rental/Lease Program is available to United States Residents only.

This Rental Agreement, when entered into, will form part of the VOIPx3 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 VOIPx3 Office Plan Purchase Agreement, as applicable.

This Rental Agreement is for the rental of certain telephone hardware (each a “Rental Device”) from VOIPx3 (collectively, the “Rental Services”). VOIPx3 charges a recurring monthly fee for each Rental Device (collectively, the “Rental Fees”). As a part of your recurring bill from VOIPx3, you agree to pay the Rental Fees for all Rental Devices, using the same payment method and payment period as your payments for VOIPx3 Office Services, as defined in your VOIPx3 Office Plan Purchase Agreement. VOIPx3 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 Office 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 Agreement to the other Party at least thirty (30) days prior to the applicable termination date (with such termination date being at the end of the Office Services billing period in which the end of such 30 day period occurs, (b) the termination of the VOIPx3 Office Plan Purchase Agreement. Notwithstanding the above, at any time within thirty (30) days after the Rental Start Date, you may terminate the Rental Services with respect to a Rental Device immediately upon written notice from you to VOIPx3, without paying any Rental Fees for such Rental Device.

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 VOIPx3’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 VOIPx3’s inspection and acceptance of the returned Rental Device in its reasonable discretion) within thirty (30) 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 18 months after you received the Rental Device, 100% of the Rental Device’s then-current VOIPx3 list price shown on VOIPx3’s web site, or (2) after such 18 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 VOIPx3 cost price, as determined by the tax law in the jurisdiction of purchase or rental.

Rental Devices Ownership; Damage and Loss

VOIPx3 is and will remain the owner of each Rental Device unless title is conveyed to you in writing following VOIPx3’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 VOIPx3’s ownership of each Rental Device. VOIPx3 may, without notifying you, assign VOIPx3’s interest in any Rental Device, and in that event, VOIPx3’s assignee will have all of VOIPx3’s rights in the Rental Device under this Agreement, but none of VOIPx3’s obligations. You agree not to assert against VOIPx3’s assignee any claims, offsets, or defenses you may have against VOIPx3. Upon VOIPx3’s request, you will execute and deliver to VOIPx3 any documents or forms for protecting VOIPx3’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 VOIPx3 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, damaged, or transferred to any third party, regardless of the circumstances or cause, you will immediately notify VOIPx3 in writing and pay VOIPx3 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 VOIPx3 list price shown on VOIPx3’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  

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 VOIPx3, as may be updated by VOIPx3 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 VOIPx3’s express written authorization and in accordance with VOIPx3’s instructions and requirements.