KeepGo Terms & Conditions
Special offers through various business partners may incorporate additional or varied terms and conditions. In such circumstances, those special terms and conditions will prevail. © KeepGo™ is a trademark of Focus Mobile Inc. 2011 - All rights reserved
KeepGo™ TERMS AND CONDITIONS
KeepGo™ and Customer (the Customer) hereby agree to the following terms and conditions with respect to the provision by KeepGo™ to Customer of the wireless telephone and peripheral equipment (the Equipment) and related services (the Services) which are described in the Rental Agreement attached hereto and incorporated herein by reference.
1.1 If the Customer is an entity other than an individual, then the person signing the Agreement represents and warrants that he/she has been properly authorized and empowered to enter into the Agreement on behalf of such entity. A cancellation fee due to KeepGo refund policy will be charged for any reservations canceled after order is processed.
Delivery and Return of Equipment
2.1 KeepGo™ will deliver the Equipment at its own risk to the Customer at the address designated by the Customer.
2.2 KeepGo™ will use reasonable efforts to deliver the Equipment by the requested Delivery Time but it shall not incur any liability to the Customer in the event of any delay caused by force majeure or other circumstances beyond its control.
2.3 The Customer will accept the Equipment when delivered and if for any reason the Customer fails to accept the Equipment when delivered on such date the Customer shall nevertheless be liable for the stated shipping and service charge in full.
2.4 The customer must return the rental equipment within 24 hours of the end of the rental period. All of the equipment must be returned using the included pre-paid return label and the original packaging.
2.5 The customer will pay a $50 per-day delay fee if the rental equipment is not returned on time.
3.1 The Customer will pay the Rental Charge from the Activation Time until the end of the Rental Period (Deactivation Time). Equipment and service rental charges apply to full days and fractions thereof.
3.2 The Customer will pay the Call and Text Charges for all calls and texts made on the Equipment after activation until it is deactivated or returned to and accepted by KeepGo™ or received by one of its representatives. KeepGo™ may increase the Call and Text Charges as and when it deems appropriate. However, KeepGo™ will at all times seek to provide the Customer with reasonable notice of any impending change as soon as it becomes practically possible.
3.3 The Customer shall be billed for each incoming, outgoing, completed, uncompleted or attempted call in full minute increments, with partial minutes rounded to the next full minute, in accordance with cellular billing practices. The Customer shall be billed for each incoming, outgoing, completed, uncompleted or attempted text in full SMS increments, in accordance with cellular billing practices.
3.4 The Customer is responsible for phone service, software applications and airtime charges and applicable taxes during the entire period the Equipment is rented whether or not the Customer personally makes the calls for which the charges are imposed.
3.5 KeepGo™ is entitled to bill the Customer, on a delayed basis, at any time after the Equipment has been deactivated and /or returned for any and all charges for which the Customer shall be responsible pursuant hereto, whether or not KeepGo™ is aware of such charges at the time of the deactivation and / or return of the Equipment. All charges and other amounts billed pursuant to this Agreement are payable by the Customer at the end of Rental Period as set forth in Section 3.6, or if not computed at the end of Rental Period, then upon demand given by KeepGo™ to the Customer.
3.6 The Rental Charge, the Call and Text Charges, the Software Charges and any other amounts due to KeepGo™ under this Agreement are payable at the end of the Rental Period and KeepGo™ shall be entitled to charge late fees on any overdue amounts. In no event will any late payment charges exceed the highest lawful rate.
4.1 In the event of any loss, damage, theft or disappearance of the Equipment while on rental, regardless of circumstances, the Customer shall pay to KeepGo™ on demand, an amount equivalent to the value of the Equipment, less any deposit retained by KeepGo™.
4.2 The Customer authorizes KeepGo™ to ask credit reporting agencies or trade references to furnish employment and credit information, and the Customer consents to KeepGo™’s disclosure of credit information to credit reporting agencies.
Use of Equipment
5.1 Upon delivery to the Customer KeepGo™ will provide an instruction leaflet on the use of the Equipment.
5.2 The Customer will use the Equipment in a careful and proper manner and in accordance with the instructions and in no other manner.
5.3 The Customer agrees that he/she will not:
5.3.1 Effect any repairs or modifications to the Equipment;
5.3.2 Remove or interfere with any certification markers affixed to the Equipment;
5.3.3 Deface or add to the Equipment;
5.3.4 Sublet or allow the use of the Equipment by any third party; or
5.3.5 Attempt to dispose of the Equipment or to grant any interest in the Equipment to any third party.
6.1 If the Equipment is not in working order when delivered or subsequently malfunctions then the Customer will notify KeepGo™ immediately.
6.2 KeepGo™ will repair or replace the Equipment as soon as possible after it has been notified of the problem by the Customer and, provided the Customer is not in breach of the Rental Agreement, KeepGo™ will provide the Customer with the same or similar equipment (which shall constitute Equipment for purposes of this Agreement) as soon as possible for a period equivalent to the part of the Rental Period unexpired when the malfunction occurred.
7.1 KeepGo™ warrants that the Equipment will be in working order when it is delivered to the Customer but cannot be responsible for the performance of the Equipment or the software applications or the operation of the telephone network to which it is connected, it being acknowledged by the Customer that Services may be temporarily interrupted (including dropped calls), delayed or otherwise limited due to a variety of causes, including without limitation transmission limitations and by atmospheric and other conditions, system capacity limitations and system and equipment failure.
7.2 KeepGo™ MAKES NO OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR THE SOFTWARE APPLICATIONS OR THE CELLULAR PHONE SERVICES FURNISHED UNDER THIS AGREEMENT.
Subject to Section 8 the Customer shall be solely responsible for and shall indemnify and hold harmless KeepGo™ against all claims, demands and liability arising as a result of lease, possession use, condition, operation or misuse of the Equipment or software applications or the cellular phone services provided hereunder whether in breach of Section 5 or otherwise arising howsoever.
KeepGo™ WILL IN NO EVENT BE RESPONSIBLE NOR SHALL THE CUSTOMER MAKE ANY CLAIM AGAINST KeepGo™ FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL CAUSED BY THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL OR DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICE) OR FAILURE OF THE SERVICES.
7.3 The Customer shall be liable to KeepGo™ for all expenses, including reasonable attorneys’ fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce KeepGo™’s rights under this Agreement.
7.4 KeepGo™ reserves the right to deactivate the Equipment at any time and without notice to the Customer, in the event that KeepGo™ detects unusually high usage or possible fraud in accordance with general operating practices and procedures in the cellular industry, and KeepGo™ shall have no liability whatsoever to the Customer for such deactivation.
Theft & Loss Protection
8.1 This clause will only apply if any of the Equipment is not returned by Customer to KeepGo™ in accordance with the provisions of these terms and conditions due to theft or accidental loss or damage.
8.2 Customer shall immediately notify KeepGo™ of any theft, loss of or damage to the Equipment and shall, if applicable, provide evidence of theft by submitting a copy of a written police report to KeepGo™ within 24 hours of the theft.
8.3 If this clause applies then the Customer will not be liable to pay for the value of the Equipment set forth in the Rental Agreement even if the retail price of the Equipment which would otherwise have been payable by the Customer under Section 3 exceeds such amount. The foregoing notwithstanding, the Customer will be liable for payment of any applicable Theft & Loss Protection deductible.
9.1 The Equipment, including the transceiver and all accessories will at all times remain the property of KeepGo™. Apple, the Apple logo, iPod, and iTunes are trademarks of Apple Inc., registered in the U.S. and other countries. AT&T is a trademark of AT&T Inc. registered in the U.S. iPhone is a trademark of Apple Inc. iTunes is for legal or right holder - authorized copying only. KeepGo.com is not affiliated with or representing Apple, iPhone, the "Apple" logo and any other product names, service names or logos of iPhone used, quoted and/or referenced herein are trademarks or registered trademarks of Apple. The Customer acquires no rights other than temporary use. During the Rental Period no service or part replacements are authorized without written approval from KeepGo™.
9.2 The Customer agrees that he/she has examined the Equipment and that the Equipment is in good working order at the time of receipt.
10.1 Unless otherwise agreed with KeepGo™ the Customer shall return the Equipment to KeepGo™ at the designated return address at the end of the Rental Period in good working order and in the same condition as when it was delivered to the Customer. The Customer shall return the Equipment by comparable overnight courier and in accordance with shipping instructions provided by KeepGo™ at time of delivery of the Equipment. Should the Customer return the Equipment using means other than those specified in the instructions provided by KeepGo™ at the start of the rental, rental and other charges will continue, and the Customer will remain liable for any damage to the Equipment, while the Equipment is in transit. Packages returned with any components or pieces missing from the Equipment will continue to be charged full rental until all such missing components or pieces are returned or replacement value of the Equipment paid.
10.2 All SIM cards are disposable and do not require return shipping. All SIM cards should be physically destroyed (cut it etc.) after the Deactivation Time. Customer will be responsible for all the usage made on the Equipment while in Customer's possession, including calls and texts made after the Deactivation Time.
10.3 Should the Customer (a) obtain use of the Equipment or Software Applications by any misrepresentation or fraudulent mean, or (b) tamper with the cellular telephone meter, or (c) use the Equipment or Software Applications for any illegal or improper purpose, or in violation of applicable laws, or (d) otherwise commit a breach of these terms and conditions then KeepGo™ may, at its option and in addition to other remedies available hereunder at law or in equity, (i) terminate this Agreement; (ii) immediately terminate all services to the Customer, and (iii) take immediate possession of the Equipment without being obliged to repay any portion of the Rental Charges. KeepGo™ may also terminate this Agreement without any liability whatsoever to the Customer in the event that service is not available to KeepGo™ by a systems operator. No remedy of KeepGo™ shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.
10.4 The Customer shall pay the manufacturer’s full retail price to KeepGo™ for any Equipment which is damaged or not returned at the end of the Rental Period.
10.5 KeepGo has a right to terminate this agreement and require all the Equipment to be returned back to its offices. The Equipment should be returned by the Customer no later than 1 week after he received this request from KeepGo. KeepGo will compensate the Customer for any unused time period according to its tariffs.
11.1 This Agreement shall be governed by the laws of the United States of America. In addition, this Agreement is subject to applicable foreign laws and tariffs.
Fair Usage Policy
12.1 Unlimited SIM card plans are subject to a fair use terms of 500MB per day or 7000MB per month. If a customer exceeds the 500MB per day or 7000MB per month data quota, KeepGo™ reserves the right to suspend, terminate, or restrict customer's data connection. KeepGo™ reserves the right to refuse any compensation in customer's favor due the actions described in clause 12.1.
13.1 The headings in this Agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.
13.2 No waiver by KeepGo™ of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
13.3 This Agreement cannot be assigned or transferred by the Customer, nor can this Agreement be modified (or any provision waived or modified) except by written instrument signed by KeepGo™ or its authorized agent. This Agreement constitutes the entire agreement between KeepGo™ and the Customer; there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the Equipment, other than as set forth herein.
13.4 KeepGo™ is not liable for any lack of privacy which may be experienced with regard to the Services. The Customer authorizes KeepGo™’s monitoring and recording of calls concerning the Customer’s account or the Services and consents to KeepGo™’s use of automatic dialing equipment to contact the Customer. KeepGo™ has the right to intercept and disclose transmissions in order to protect its rights or property.