Common use of Rental Services Clause in Contracts

Rental Services. This Rental Agreement is for the rental of certain hardware (each a “Rental Device”) from PivaTel (collectively, the “Rental Services”). PivaTel charges a recurring monthly fee for each Rental Device (collectively, the “Rental Fees”). As a part of your recurring bill from PivaTel, you agree to pay the Rental Fees for all Rental Devices, using the same payment method and payment period as your payments for PivaTel Services, as defined in your PivaTel Purchase Agreement. PivaTel 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 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 Services billing period in which the end of such 30 day period occurs, (b) the termination of the PivaTel 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 PivaTel, 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 PivaTel’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 PivaTel’s inspection and acceptance of the returned Rental Device in its reasonable discretion) within five business 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 PivaTel’s list price shown on PivaTel’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 PivaTel cost price, as determined by the tax law in the jurisdiction of purchase or rental.

Appears in 1 contract

Samples: Program and Rental Agreement

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Rental Services. This Rental Agreement is for the rental of certain telephone hardware (each a “Rental Device”) from PivaTel XTRACOM (collectively, the th e “Rental Services”). PivaTel XTRACOM charges a recurring monthly fee for each Rental Device (collectively, the Rental Fees”). As a part of your recurring bill xxxx from PivaTelXTRACOM, you agree to pay the Rental Fees for all Rental Devices, using the same payment method and payment period as your payments for PivaTel fo r XTRACOM Office Services, as defined in your PivaTel Purchase XTRACOM Office Plan Pur chase Agreement. PivaTel XTRACOM 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 t o 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 applicab le 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 PivaTel XTRACOM 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 immediat xxx upon written notice from you to PivaTelXTRACOM, 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 a ll accessories and materials that were provided with the primary hardware device) consistent with PivaTelXTRACOM’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 upo n the completion of a return or purchase. If you do not return a Rental Device (subject to PivaTelXTRACOM’s inspection and acceptance of the returned Rental Device in its reasonable discretion) within five f ive business days following the termination of the Rental Services Se rvices for such Rental Device, you will be deemed to have purchased that device at a purchase price equal to (1) during the first f irst 12 months after you received the Rental Device, 100% of the Rental Device’s then-current PivaTel’s list Market price shown available on PivaTelXTRACOM’s web sitesite by request (access code) , 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 termi nation 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 pr ovisions 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 replac ement 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 PivaTel XTRACOM cost price, as determined by the tax law in the jurisdiction of purchase or rental.

Appears in 1 contract

Samples: Xtracom Phone Lease Program and Rental Agreement

Rental Services. This Rental Agreement is for the rental of certain telephone hardware (each a “Rental Device”) from PivaTel Smart City (collectively, the “Rental Services”). PivaTel Smart City charges a recurring monthly fee for each Rental Device (collectively, the “Rental Fees”). As a part of your monthly recurring bill from PivaTelSmart City under the Smart City Agreement, you agree to pay the Rental Fees for all Rental Devices, using the same payment method and payment period as your payments for PivaTel Smart City Services, as defined in your PivaTel Purchase Smart City Agreement. PivaTel Smart City 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 Smart City 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 the Smart City Agreement to the other Party at least thirty (30) 30 days prior to the applicable termination date (with such termination date being at the end of the Smart City Services billing period in which the end of such 30 30-day period occurs, or (b) the termination of the PivaTel Purchase Smart City Agreement. Notwithstanding the above, at any time within thirty (30) 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 PivaTelSmart City, 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 PivaTelSmart City’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 PivaTelSmart City’s inspection and acceptance of the returned Rental Device in its reasonable discretion) within five business days 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 (1a) during the first 12 months after you received the Rental Device, 100% of the Rental Device’s then-current PivaTel’s Smart City list price shown on PivaTel’s web siteprice, or (2b) 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 PivaTel Smart City cost price, as determined by the tax law in the jurisdiction of purchase or rental.

Appears in 1 contract

Samples: Hosted Voice Services

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Rental Services. This Rental Agreement is for the rental of certain telephone hardware (each a “Rental Device”) from PivaTel XTRACOM (collectively, the th e “Rental Services”). PivaTel XTRACOM charges a recurring monthly fee for each Rental Device (collectively, the Rental Fees”). As a part of your recurring bill from PivaTelXTRACOM, you agree to pay the Rental Fees for all Rental Devices, using the same payment method and payment period as your payments for PivaTel fo r XTRACOM Office Services, as defined in your PivaTel Purchase XTRACOM Office Plan Pur chase Agreement. PivaTel XTRACOM 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 t o 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 applicab le 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 PivaTel XTRACOM 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 immediat xxx upon written notice from you to PivaTelXTRACOM, 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 a ll accessories and materials that were provided with the primary hardware device) consistent with PivaTelXTRACOM’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 upo n the completion of a return or purchase. If you do not return a Rental Device (subject to PivaTelXTRACOM’s inspection and acceptance of the returned Rental Device in its reasonable discretion) within five f ive business days following the termination of the Rental Services Se rvices for such Rental Device, you will be deemed to have purchased that device at a purchase price equal to (1) during the first f irst 12 months after you received the Rental Device, 100% of the Rental Device’s then-current PivaTel’s list Market price shown available on PivaTelXTRACOM’s web sitesite by request (access code) , 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 termi nation 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 pr ovisions 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 replac ement 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 PivaTel XTRACOM cost price, as determined by the tax law in the jurisdiction of purchase or rental.

Appears in 1 contract

Samples: Xtracom Phone Lease Program and Rental Agreement

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