Parties:
Known as "Owner" WONDERSTRUCK HIRE LLC
and
Known as "Renter” You (defined as customer/Renter to contract)
Collectively, all of the above people or businesses entering this Equipment Rental Agreement will be referred to as the "Parties." This Equipment Rental ("Agreement") is made effective by purchasing services between WONDERSTRUCK HIRE LLC, ("Owner"), and current user ("Renter"). By signing the contract (or electronically signing) or purchasing services, Renter agrees to be bound by these terms and conditions, whether or not Renter has read them. Owner may at its sole discretion modify these terms and conditions at any time and any modifications shall become effective immediately as posted on this site. By signing or electronically signing the contract, or purchasing services, Renter indicates acceptance of the modified terms and conditions.
Now, therefore, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows:
Renter wishes to hire Owner to provide services relating to Renter’s as detailed in this Equipment Rental Agreement. Owner has agreed to provide such services according to the terms of this Equipment Rental Agreement. Any physical pieces of product Owner is providing for Renter will be referred to as "Equipment."
Services. The services provided by Owner are those as specified in the proposal/quote/purchase order/invoice to which these Terms and Conditions pertain.
Agreement. Owner hereby Agreements to Renter, and Renter hereby Agreements from Owner, the equipment shown in the order preview on the respective invoice (“Equipment”). Owner reserves the right to refuse or decline renting Equipment to any potential Renter at Owner’s sole discretion. Owner may, at its sole discretion, gather information from third parties regarding potential Renter’s past rental history and creditworthiness.
Term. The term of this Agreement shall commence on the day of the first attempt by the delivery company used by Owner to deliver the items, and expires once all equipment has been returned by Renter to Owner. Owner will ensure the Equipment will be delivered to Renter by the event date, but typically 3-21 days prior to the event date, unless otherwise discussed via email and in writing. The Equipment must be return-shipped to The Telephone Guestbook before the shipping cut‐off time with the postage company on the last day of the Rental Period via the postal company used by Owner, unless prior arrangements were made between Renter and Owner. Should Renter return the Equipment using a shipping label that is not provided by Owner, and the Equipment is not returned on or before the expected return date, Owner reserves the right to charge the Renter additional fees for the extra time the Equipment was in transit or if lost. See section below regarding damage and losses. You hereby give Owner permission to contact you via the post, email, telephone, or text message regarding information on or status of your rental.
Rent and Deposit. All rent will be paid in advance, in full before the order is posted to the Renter.
Use. Renter shall use the Equipment in a careful, safe and appropriate manner and shall comply with and conform to all local laws, and regulations in any way relating to the possession, use or maintenance of the Equipment including any manufacturer’s recommendations, warnings and instructions as to the safe use of the Equipment.
Representations, Warranties and Agreements. Renter has selected the Equipment without relying upon any suggestion or recommendations of Owner or its employees and Renter understands and agrees that Owner assumes no responsibility for the Equipment as being fit for any particular purpose.
Owner represents and warrants as follows: (1) the Equipment is free from known defects and is in good working order to the best of its knowledge at the inception of the rental; (2) Owner is responsible for routine repair and maintenance of the Equipment prior to rental; (3) Owner has the right to enter into the rental of the Equipment. Renter agrees as follows: (a) except as set forth in Owner’s representations and warranties above, the Equipment is rented to Renter without any warranty or guaranty of any kind, express or implied, and specifically, there is no warranty of merchantability or fitness for a particular purpose; (b) Owner shall not be held responsible with respect to production downtime, loss of profits, extra expense, indirect, consequential, or punitive damages, production delays; and (c) except as set forth in Owner’s representations and warranties above, Renter is responsible for all costs associated with any repair or replacement of the Equipment necessitated as a result of Renter’s usage, possession, transportation or failure to return the Equipment for any reason, including, without limitation, as a result of the negligence or willful misconduct of Renter, its employees, agents, contractors or anyone that is allowed to use the equipment. At all times Owner’s maximum liability in connection with the Equipment is limited to the rent paid to Owner by Renter.
Delivery of Services/Equipment. Owner will ensure the equipment is delivered to Renter at least by the event date, unless otherwise agreed upon with Renter, or if there is a delay in shipment outside of the Owner's control. Renter understands that Owner typically will deliver equipment to Renter within 3-21 days prior to the event date. Owner will ship the equipment to the address provided by Renter above unless Renter provides Owner with an alternate address in an adequate amount of time for Owner to update the current address. As soon as you renter receives the phone they must check the phone on the same day and let Owner know if there are any issues. This includes not receiving the equipment and/or faulty equipment. No refunds will be given if we are not notified on the day the equipment is delivered.
Shipping. Owner will not post on bank holidays or non-posting days. Owner cannot guarantee the arrival date of the order as that is outside the control of Owner. Any shipping or transit time estimates provided by Owner are estimates only. Renter is encouraged to order in a timely fashion to avoid delays caused by product unavailability or shipping. Renter agrees to obtain and retain the shipping receipt for all return shipping until Owner notifies Renter of Owner’s receipt of such returned product. If the USB Keepsake is selected as delivery method it will be sent to Renter after Owner has received all equipment back. Owner will also be allowed to provide the Audio files as a digital file if the Keepsake USB is not able to be sent within the specified time period.
Age. Due to the value of the Equipment Owner will not rent Equipment to persons under the age of 18. Renter agrees not to allow any person to pick up, or return the Equipment who is under the age of 18.
Surrender. The expiration of this Agreement is when all equipment has been returned. Upon the expiration or earlier termination of this Agreement, Renter shall return the Equipment to Owner in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof excepted, by delivering the Equipment at Owner's cost and expense via the shipping method specified by Owner. Renter shall be responsible for proper packaging of the returned Equipment using shipping and packaging materials provided by Owner in the original shipment. Owner’s acceptance of the Equipment upon return by Renter shall not represent Owner’s determination as to the condition of the returned Equipment. Owner reserves the right to inspect the Equipment within a reasonable time after the return of the Equipment and make a determination as to whether such returned Equipment was damaged during the period the Equipment was in Renter's possession.
Used Equipment. Renter acknowledges that the Equipment may have be used before and may be cosmetically flawed. However, Owner warrants that the Equipment, whether new or used, will be in proper working condition when Agreement is made to Renter. Should Renter discover that the Equipment, as received, is not working properly, Renter agrees to notify Owner pursuant to the "Non-Working Equipment" Section of this Equipment Agreement.
Typographical Errors. In the event a product rental rate is listed incorrectly due to errors in pricing information received from Owner’s suppliers, Owner has the right to refuse or cancel any orders placed for products listed at the incorrect rate whether or not Renter’s credit card has been charged. Should Owner cancel Renter’s order, Owner will immediately credit Renter’s original payment method for the incorrect amount paid. The funds may take longer to reach the Renters account depending on factors outside of Owners control. Typically up to 14 days.
Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify Owner’s acceptance of Renter’s order, nor does it constitute confirmation of Owner’s offer to rent. WONDERSTRUCK HIRE LLC reserves the right at any time after receipt of Renter’s order to accept or decline Renter’s order for any reason.
Out‐of‐Stock Products and Multiple Product Orders. Owner will ship the Equipment before the Rental date. Owner makes no guarantees as to availability of Equipment. Owner relies of the timely manner of all customers and all customers abiding my the terms of their order. Any estimate of availability provided by Owner is based on the assumption that each of Owner’s customer returns Equipment within the prescribed Rental Period. Owner will keep Renter informed of any Equipment that Renter has ordered that are out‐of‐stock and unavailable to be shipped on the required date. If Equipment is out‐of‐stock or unavailable the Renter will be contacted via email, text or by phone. Renter may cancel the order at any time prior to shipping if the product rented is unavailable. For a multiple product order, Owner will make every attempt to ship all products contained in the order at the same time. Equipment that are unavailable at the time of shipment of other Equipment will be shipped as they become available unless Renter notifies Owner of their alternate wishes to this end. Renter will only be charged for Equipment contained in a given shipment.
Cost. The price and products are those as specified in the proposal/quote/purchase order/invoice to which these Terms and Conditions pertain. The payment is made is full for the service at the time of ordering.
Taxes. Renter shall indemnify and hold Owner harmless from any taxes, fees, and penalties arising out of Renter’s Agreement, use and possession of the Equipment except for those taxes, fees and penalties based upon Owner’s income.
Default. If Renter fails to observe, keep or perform any other provision of this Agreement required to be observed, kept or performed by Renter, Owner shall have the right to exercise any one or more of the following remedies:
a. To charge Renter’s credit card on file for all amounts due (including any late fees) and owing.
b. To sue for and recover all rents, and other payments, then accrued or thereafter accruing.
c. To take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. Renter hereby waives any and all damages occasioned by such taking of possession.
d. To terminate this Agreement.
e. To pursue any other remedy at law or in equity.
Notwithstanding any repossession or any other action which Owner may take, Renter shall be and remain liable for the full performance of all obligations on the part of the Renter to be performed under this Agreement. All of Owner's remedies are cumulative, and may be exercised concurrently or separately.
Assignment. Neither this Agreement nor any interest therein is assignable or transferable by Renter without Owner’s advance written consent, which consent may be withheld in Owner’s unfettered discretion.
Insurance and Deposit. Some orders may require that Renter insure the Equipment for the duration of the Rental Period or provide an authorisation hold to be placed on Renter’s credit card on file in an amount to be determined by Owner until the Equipment has been returned to Owner in good working order. Should Renter choose to insure the Equipment, Renter shall add WONDERSTRUCK HIRE LLC as Additional Insureds on Renter’s insurance policy and provide Owner with a Certificate of Insurance before the Rental goods are delivered.
The fees below represent what may be charged if the equipment is lost or broken once the equipment is returned to Owner. These fees will be due before any audio files are sent to Renter. These values are in USD for USA customers and GBP for UK customers.
Any Telephone - $600/£500
Signage - $40/£30
Stand - $15/£10
Power Cable - $40/£30
Prompt Cards - $40/£30
Exclusivity. Renter understands and agrees that Renter has hired Owner exclusive of any other service provider providing the same type of service. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Owner hires to complete the Services outlined in this Equipment Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Equipment Agreement.
Ownership. The Equipment is, and shall at all times be and remain, the sole and exclusive property of Owner; and the Renter shall have no right, title or interest therein or thereto except as expressly set forth in this Agreement.
Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Owner in accordance with this Equipment Agreement, Owner owns all copyrights in any and all work(s) it creates or produces pursuant to USA, UK and Worldwide copyright law. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Equipment Agreement, are expressly and solely owned by Owner and may be used in the reasonable course of Owner business.
Permitted Uses of Product(s). Owner grants to Renter a non-exclusive license of product(s) produced with and for Renter for personal use only so long as Renter provides Owner with attribution each time.
Renter uses Owner's property. Personal use includes, but is not limited to, use within the following contexts:
Force Majeure. Owner will not be liable to Renter for failure to perform any obligations otherwise required herein in the event of strikes, lockouts, calamities, acts of God, fire, flood, pandemic, including Covid 19, and/or unavailability of supplies or other events over which Owner has no control for so long as such event continues and for a reasonable period of time thereafter.
We rely on our customers returning the phones as per our contract. If however this is not complied with, we may have to offer an alternative phone to the Renter in its place. This may be a more expensive phone or less expensive phone. If the phone is less expensive we will refund the difference in price.
Style. Renter has spent a satisfactory amount of time reviewing Owner's work and has a reasonable expectation that Owner will perform the Services in a similar manner and style unless otherwise specified in this Equipment Agreement.
Consistency. Owner will use reasonable efforts to ensure Renter's desired Services are produced in a style and manner consistent with Owner's current portfolio and Owner will try to incorporate any reasonable suggestion made by Owner.
Indemnity. Renter shall indemnify Owner against, and hold Owner harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable lawyers’ fees and costs, arising out of, connected with, or resulting from Renter's use of the Equipment, including without limitation the selection, possession, use, operation, or return of the Equipment.
Maximum Damages. Renter agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Equipment Agreement or Services provided in this Equipment Agreement are not to exceed the Total Cost of Services provided by Owner.
Non‐Working Equipment. Renter shall notify Owner the same day as Renter is in receipt of Equipment of any malfunction and/or alleged damage of such Equipment. In the event Equipment is not functioning and/or damaged other than as a result of Renter’s negligence or willful acts, Renter must not attempt to repair or modify the equipment himself/herself. Renter must return such non‐working Equipment to Owner and Owner will either replace the non‐working Equipment with a functioning equivalent (“Replacement Equipment”) or issue Renter a credit or full refund of all rental charges paid by Renter at Renter’s option. The rental charges for all such non‐working Equipment so returned will commence upon Renter’s receipt of the replacement Equipment. Once Owner receives notification of suspected damage of Equipment in transit, Owner shall send such damaged Equipment to the manufacturer for inspection and repair. Renter and Owner hereby agree to be bound by the damage report provided by such manufacturer as to the cause and liability of such damage.
It is the Renters responsibility to make sure the phone is set up correctly according to the instructions provided either by email or sent out with the phone. Renter cannot be held liable for any phones returned without any messages due to the phones no being set up correctly. It is the Owners determination if the phones have been used as per the instructions. No refunds will be given if the equipment is not used.
Loss and Damage. Except as set forth in Owner’s representations and warranties above, Renter hereby assumes and shall bear the entire risk of loss and damage to the Equipment (and any audio files generated from the Equipment) from any and every cause whatsoever. No loss or damage to the Equipment or any part thereof shall impair any obligation of Renter under this Agreement. In the event of damage of any kind whatever to the Equipment, Owner may: (a) charge Renter’s credit card for the full cost of repair; and (b) repair the Equipment using a vendor at Owner’s sole discretion. In addition to repair or replacement fees, Owner may charge Renter’s credit card for a “Loss of Use Fee” . “Loss of Use Fee” is equal to the a single rental fee Owner would have been entitled to receive for the Equipment had it not been damaged or lost. In the event the Equipment becomes damaged beyond repair, Renter shall pay Owner the full replacement value of the Equipment which is $500 or equivalent currency. Renter must ensure that the Equipment, when returned to Owner, is clean. Should the returned Equipment be deemed dirty in Owner’s sole judgment, Owner reserves the right to charge Renter a “Cleaning Fee”.
Repairs. Renter agrees not to attempt to repair or materially alter the physical or otherwise makeup of the Equipment under any circumstances regardless of fault.
Errors Using Equipment. Owner will aid Renter in instructing how to operate Equipment through instructions delivered either physically, via email, or through photo or video format. Renter agrees to Owner to use the product as directed by the Owner. Renter assumes all risk of operation of the equipment and agrees to not hold Owner responsible for any issues or errors to occur with the Equipment.
If Renter desires to cancel Services, reschedule Services, or if it becomes impossible for Owner to render Services due to the fault of the Renter or parties related to Owner, such as failure of the event to occur or failure of one or more essential parties to the event to show up in a timely manner, Renter shall provide notice to Owner as soon as possible. Owner has no obligation to attempt to re-book further Services to fill the void created by Renter’s cancellation, rescheduling, no-show or if it becomes impossible for Owner to provide the Services due to the fault of Renter (or parties related to Renter), and Owner will not be obligated to refund any monies Renter has previously paid towards the Total Cost. Deposits paid are non refundable due to us having to reserve your phone and we cannot use this phone for other customers. Once the full payment has been made, No refunds will be given. Renter is not relieved of any payment obligations for cancelled Services, rescheduled Services, or should it become impossible for Owner to provide the services due to the fault of Renter (or parties related to Renter) unless the Parties otherwise agree in writing. For instance, if Owner is able to secure another, unrelated client for the agreed-upon event date, then Owner may choose, at its sole discretion, to excuse all (or a portion of) Renter's outstanding balance of the Total Cost.
Failure to Perform Services. In the event Owner cannot or will not perform its obligations in any or all parts of this Equipment Agreement Agreement, it (or a responsible party) will:
Entire Agreement. This Agreement contains the entire understanding and agreement between the Parties with respect to the matters referred to herein, and supersedes any and all other agreements, understandings, negotiations, or discussions, either oral or in writing, express or implied, between the Parties to this Agreement.
Severability. If any portion of this Equipment Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Equipment Agreement remain in full force.
Amendment. The parties may amend this Equipment Agreement only by the parties’ written consent via proper Notice and agreement by both parties.
Legal Fees. In the event any party hereto brings a claim arising from or relating to this Agreement, or to enforce this Agreement, the “prevailing party” shall be entitled to recover all its reasonable legal fees and costs incurred as a result of such a claim as costs of suit or as damages.
Notice. Parties shall provide effective notice (“Notice”) to each other via email of delivery at the date and time which the Notice.
This Agreement shall be governed by and construed in accordance with the laws of the United States. In the event of any legal proceeding compelled by either party to this Agreement, and relating to the terms hereof, jurisdiction and venue shall be deemed proper in the courts of the United States.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
Prohibited Activities. You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. Use any information obtained from the Site in order to harass, abuse, or harm another person. Make improper use of our support services or submit false reports of abuse or misconduct. Use the Site in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Site. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Delete the copyright or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username of another user. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. Use a buying agent or purchasing agent to make purchases on the Site. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in the State of Florida, and each party irrevocably consents to the jurisdiction of such courts for such purposes. The prevailing party in any such action or proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in connection with such action or proceeding.
In order to resolve a complaint regarding the site or our service to receive further information regarding use of the Site, please contact us using the following email. Please provide your email and order number on the booking or we cannot look into your complaint effectively.
Email hello@thetelephoneguestbook.com
