Router Hotspot Wifi – General Rental Terms

Any order implies the tenant’s acceptance of these conditions which govern its relations with SIM USA and take precedence over any other document. The rental of the device is governed hereby. Certain provisions indicated as such herein only concern professionals and are not applicable to consumers and/or non-professionals.


ART. 1  CONDITIONS REQUIRED TO RENT

Minimum age to rent is eighteen years old and place of residence must be within European Union. As a guarantee of the execution of the contract, SIM USA reserves the right to make the rental subject to the presentation of certain documents (identity document, proof of address) of which a copy may be kept and to require a financial guarantee, including the delivery is made by any means accepted by SIM USA, which may collect it at any time, without prior notice, provided that it is returned after payment of the amounts due and return of the rented property in good condition. The amount of the financial guarantee does not limit the financial liability of the tenant who may be liable beyond that.


ART. 2 RENTAL DURATION

The rental takes effect the day after the device was delivered to the point of delivery. The rental period is set according to the travel dates provided when placing the order and cannot exceed 37 days. This date is fixed on the contract or delivery note. When the device is handed over, the burden of risk is transferred to the tenant who assumes physical and legal custody under his responsibility. The rental and legal custody end the day the entire device is received by SIM USA on site.


ART. 3 PROVISION

SIM USA cannot be held responsible for any delays in availability or delivery due to any reason beyond its control, in particular changes in regulations, force majeure, strike, or their consequences and is not liable for any compensation to this title.

As regards the Professional Tenant, it is up to him to choose the device according to his needs which he himself has previously determined and to check that it is adequate. SIM USA has no knowledge of its projects nor the obligation to verify its choice on the feasibility and compatibility of the device for its project so that it cannot be held responsible in this regard.

SIM USA undertakes to provide the tenant with a device that complies with current regulations, particularly regarding safety, in good condition of use and maintenance, with the included accessories.

When taking possession of the device, the tenant checks the delivery of these elements and the apparent condition of the device, with a view to making any reservations he deems useful. In the absence of reservation, the device is deemed to have been returned to the tenant in apparently good condition. A non-apparent defect or a technical complaint can be reported at any time during the rental.

In the absence of reservations about the apparent condition of the device made within 24 hours of delivery, the tenant is deemed to have received the device, in accordance with his order, in apparently good condition and with all the necessary accessories. For the reservations to be admissible, the leased asset must not have been used except for operational tests. Any other use constitutes receipt without reservation.

SIM USA reserves the right to provide a different device model with similar performance than the reference indicated on the product description page.


ART. 4 USE

The tenant undertakes to use the device reasonably, in accordance with its destination and the regulations in force, with caution, to respect the instructions and notices for use and safety set by the regulations, by the manufacturer and/or the lessor . Any modification or transformation of the device is prohibited. Unless approved in writing by SIM USA, the user is only authorized to use the device in United States.


ART. 5 TROUBLESHOOTING REPAIRS

The tenant benefits from assistance by e-mail and chat for the duration of their rental. In the event of a breakdown, malfunction or deterioration during the rental, the user must immediately stop using the device, notify SIM USA and send written confirmation describing the circumstances within 24 hours. Any repair is only carried out at the initiative of SIM USA, its financial burden being distributed according to the provisions of article 7.

SIM USA alone decides whether or not to repair the Property. Compensation for device downtime during repairs may be invoiced as long as this downtime is not attributable to SIM USA. With regard to the professional tenant, SIM USA cannot be held responsible for the direct or indirect, material or immaterial consequences of a shutdown or malfunction of the rented property which is not due to a defect. proven to exist at the time of provision, and is not liable for any compensation. 

The liability of SIM USA is in any event limited towards the professional tenant to the amount of the rental of the device in question.


ART. 6 LIABILITY / INSURANCE

The tenant may not use the device for any purpose other than that for which it is intended. He assumes physical and legal custody of the device and is responsible for damage caused by and to the rented device. However, it cannot be held responsible for the harmful consequences of hidden defects in the device making it unfit for its intended purpose, as long as it provides proof of this. Operating losses are never covered by SIM USA.

The renter is responsible for the use of the device and any damage to the device. He assumes responsibility for the financial consequences of losses occurring during his rental. . In the event of irreversible damage, total loss or theft, a fixed amount of 150 euros will then be billed to the customer.


ART. 7 RENTAL PRICES

Regardless of the duration of the trip, the rental price is fixed by a fixed amount paid per customer at the time of ordering.


ART. 8 RESTITUTION

The customer has a period of 5 working days from the day after the return date indicated when ordering to return the device. Return is made using a prepaid shipping label provided by SIM USA. The carrier chosen remains at the discretion of SIM USA. The customer must make every effort to leave the device at the location indicated by the carrier. The customer can choose to return the device by another shipping method of their choice. In which case the customer is responsible for the costs incurred. Delivery must be made against signature.

The tenant is required to reset the device settings/data to factory/default state. In the event that SIM USA receives the device in an unreset state and for which a password and/or PIN code would be required. SIM USA reserves the right to ship the device back to the customer so that reset actions can be completed. SIM USA reserves the right to charge the customer for shipping costs and return costs. The customer must make every effort to reset the device within 5 working days of receipt.
If a reset is impossible, the device will be declared Stolen or Lost. SIM USA reserves the right to bill the customer a fixed amount of 150 euros.

The tenant is required to return the device in good condition and in compliance, with all the accessories provided when made available. Failing this, a fixed cost corresponding to the repair of the device or accessories will be invoiced to the customer. Upon return, a return slip specifying the date of return and the apparent condition of the device is established jointly between SIM USA and the tenant, subject to non-apparent damage. SIM USA reserves a period of 10 working days after return to notify any possible damage to the device not apparent upon return.

 In the event of theft or loss, the contract and rental billing only end upon receipt by SIM USA of the tenant’s declaration to the authorities. In the event of non-return of the device whatever the cause, compensation is charged in the amount of 150 euros, in addition to the rental. Equipment and accessories not returned are invoiced at the replacement price.


ART. 9 EVICTION OF THE RENTER

The tenant is prohibited from removing or modifying the ownership plates or inscriptions affixed to the device. The device cannot be transferred or given under warranty. The tenant undertakes not to grant any rights to the rented property for the benefit of anyone, likely to affect its enjoyment or limit its availability or the full ownership of SIM USA.


ART. 10 RESOLUTORY CLAUSE

In the event of non-fulfillment by the tenant of an obligation incumbent on him, in particular non-return of the device or failure to pay the invoice when due, the contract may be terminated automatically by SIM USA at the fault of the tenant 48 hours after formal notice by registered letter with return receipt remained unsuccessful. In this case, SIM USA requires the immediate return of the device without prejudice to the sums due for expired rental periods, under penalty of the sanctions provided for in article 8 and complaint under article 314-1 of the penal code. 

The tenant remains in any case responsible for the device and becomes its depositary within the meaning of Art 1915 C Civ. He has neither the right to use it nor to dispose of it. In the event of early termination of a contract including a fixed price fixed according to an incompressible rental period, SIM USA will receive compensation equal to the entire remaining rent or will revise the price initially indicated in depending on the effective rental period, according to the amount which is the least expensive for the tenant.


ART. 11 MEDIATION

In the event of a dispute, the consumer tenant can send a complaint to SIM USA customer service by e-mail or post to 6 rue d’Armaille 75017 Paris France. If a disagreement persists, he can have free recourse to the mediator Jérôme DUPRE to whom SIM USA reports electronically: http://mediateuronline.com


ART. 12 APPLICABLE LAW-ATTRIBUTION OF JURISDICTION

This contract is governed by French law. Any dispute relating to these conditions involving a consumer will be subject to the legal rules of jurisdiction.

Any dispute relating to these conditions involving a professional will be decided by the commercial court of the head office of SIM USA to which the parties attribute exclusive jurisdiction, even in the event of summary proceedings, warranty claims or multiple defendants.