This Rental Agreement sets forth the conditions on which we will provide the services offered through the DaDos Website(the “Website”). This Rental Agreement is a contract between you(the “Customer”) and DaDos(the “Company”). This agreement covers all rentals made pursuant to the Website(the “Service”)
BEFORE YOU ACCEPT OR SIGN, PLEASE READ CAREFULLY THE TERMS AND CONDITIONS SET FORTH HEREUNDER. BY CLICKING ON THE “I ACCEPT” BUTTON OR SIGNING THIS DOCUMENT, YOU AGREE TO BE LEGALLY BOUND BY THIS TERMS AND CONDITIONS.
WE RESERVE THE RIGHT TO AMEND THIS RENTAL AGREEMENT AT ANY TIME. ANY SUCH CHANGES WILL APPLY TO FUTURE RENTALS AFTER THE DATE ON WHICH SUCH AMENDMENT GOES INTO EFFECT.
TERMS & CONDITIONS
1. DEFINITIONS AND INTERPRETATION
In these Terms and Conditions:
“Agreement” means these terms and conditions, the Rental Form and any other supplemental or similar agreement entered into by you and DaDos relating to the provision of the Services.
“The Website” means DaDos official website http://www.dadostech.com
“The Customer” means the person or company contracting DaDos services. It is the person identified by Name on the Rental Form.
“The Company” or “DaDos” stands for the company providing the services.
“Charges” means all charges relating to the provision of the Device and / or Services by DaDos to you, including amounts billed by DaDos for and on behalf of a third party, as may be specified by DaDos on the Rental Form and from time to time on DaDos website or via any other communication on the daily basis.
“Equipment” or “Device” means the Mobile Hotspot Modem (including the SIM card, battery, wall charger, USB Cable, portable case and any other accessories included) rented from DaDos.
“Deposit” means the damage deposit of 2,500THB that the Customer is required to put up for each rented Device.
“Network” means the telecommunications Network(s) provided or procured by DaDos and/or its Network provider(s).
“Rental Form” means the Device Rental Form which will be sent to your email upon confirmation of your order.
“Rental Period” means the period beginning on the Commencement Date and expiring on your designated Return Date, as stated in the Rental Form or any other formal documentation.
“Services” means the Device rental services and other mobile services which are supplied to the customer.
The Rental Period commences on your Commencementental start date (“Rental Start Date”) and expires upon your designated rental end date (“Rental End Date”).
2. AUTHORIZATION AND ELIGIBILITY
If you are renting this Equipment on behalf of an entity rather than for your own personal use, then you represent and warrant that you are fully authorized to enter into this Agreement on behalf of such entity, and to bind such entity to the terms and conditions set forth in this Rental Agreement. You further represent and warrant that you are not committing any fraud or misrepresentation in entering this Rental Agreement.
While our Equipment may be used by travelers of any age, we can only rent to adults who are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Rental Agreement, and to abide by and comply with the terms set forth herein.
3. DELIVERY AND RETURN
3.1 When you place an order through the Website to rent the Mobile Wi-Fi, we will ask you to designate an existing Thailand address to which such Equipment will be delivered. You may also select to pick up the device in the Shop.
In case of Equipment delivery, the device will then be delivered to your designated address (one day) before the Commencement date or during the morning of the Commencement date. From the time the Device is delivered to the Customer’s designated address, the Customer is responsible for the care of the Device.
3.2 It is your responsibility to ensure that you are available to receive and that you accept the delivery of our Equipment. If the Customer is not present when the Device is delivered to the Customer’s designated address (if by any case was not the address of a hotel), the Customer is authorizing DaDos or its agent to drop off the Device at the Customer’s designated address / reception counter.
If the Device is not working when the Customer retrieves it, the Customer must notify DaDos immediately for a change of device. It is the customer’s responsibility to inspect all Equipment upon receipt and to verify that it is in good working order and condition and including all ordered parts and accessories. If otherwise, the Device is deemed to be in perfect condition.
In the event you are not available to accept or fail to accept the delivery for any reason whatsoever, such Equipment shall still be deemed accepted and you will still be responsible for the return of the Equipment and for all charges.
3.3 In the event that the Equipment is delivered after the Commencement Date due to shipping problems, DaDos will not assume any responsibility and will not pay any fee.
3.4 There are five different options to return the device. (1) The customer may come to the Store and physically drop off the device. Physically drop-off can only be made during business hours. Please check our website under ‘contact us’ section for the time tables, address and map. (2) Only if the Customer has selected to drop off the device in the hotel, it can then be dropped off at the hotel’s reception desk always within an envelope provided by DaDos. Please inform the concierge to post the Device the day after in the morning. (3) If the Customer has selected to drop off the device at a nearby post office they will need to place the device inside an envelope provided by Dados and hand the package to the drop-off point. (4) If the Customer has selected to drop off the device at the Airport, you will need to place the device inside a pre-paid envelope provided by DaDos and hand the package in a drop-off point designated by DaDos.
3.5 The Customer has to return the Device on the Return Date. Late fees will be charged, of 250THB/day, beginning the 2nd business day after the Rental Contract or “Usage Term” expires.
3.6 If the Customer leaves the Device at the hotel concierge to return to DaDos, the Customer will accept any defects on the Device detected by DaDos.
3.7 Failure to return the Equipment (including all accessories and user guides) promptly to us will result in the incurrence of additional late charges. In the event that we fail to receive the Equipment, or any portion of the Equipment, you will incur on a daily penalty fee until the date the Equipment is received. The daily penalty fee will be based on the late fee of 250THB/day. If for any reason you are unable to return the Equipment to us, including but not limited to the Equipment being lost or stolen during the Rental Period, then you should contact us immediately, so that you do not incur additional late charges.
4. CHARGES AND DEPOSIT
4.1 The Customer will pay, always in advance, a Rental Charge for all the Device(s) specified in the Rental Period. Rental fees for the use of the Equipment are assessed commencing as of the Starting Date and ending at the designated Returning Date or the day the customer actually returns the device, whichever occurs latter. Our current rental fee schedule is posted on our Website and may be amended from time to time upon prior notice.
4.2 Rental Charge apply to full days only (not fractional days).
4.3 DaDos will only take a prepaid 2,500THB Deposit when booking through our website. The Deposit will be partially or totally refunded when the Device is returned by the Customer and examined by DaDos. Customers will need to accept their responsibility in the booking form accepting future charges into their credit or debit card if they don’t return the device.
4.4 The Rental Charge and/or Deposit, as well as optional delivery costs, are charged to the Customer’s credit card upon confirmation of the Customer’s order. By providing DaDos with a Credit Card, the Customer is authorizing to make such charges on the account.
4.5 Any extra day in which the customer uses the Internet service will be billed after returning the equipment. Dados will be deducting any service charges or late fees from the Deposit or charging this extra cost, and the exceeding fees, if any, on the Customer´s credit card.
4.6 Without limiting any of the provisions of this clause, you will incur additional costs and charges for any part of the Equipment which is lost or damaged beyond economic repair, up to and including the replacement cost of new Equipment at current market rates. DaDos will bill any of these charges and apply them toward any Deposit, or in the alternative, bill them directly to your credit card.
Charges for any loss of equipment will be attributed as follows; repurchasing the device and SIM card, as well as the consequent restocking/setup fee. To this extent, a fee of 2500THB will be levied upon the customer in the event of loss of the Device. For partial losses the following price will apply: Lost Pocket Wifi Device: 2500THB, lost wall charger: 300THB, lost USB cable: 300THB and lost case 300THB. DaDos will not accept replacement devices as a substitute for any of these fees. In the event of a lost pocket Wi-Fi, any remaining balance on the account cannot be refunded, as it is linked with the SIM card.
4.7 The Deposit will be refunded in full and without interest (subject to deductions specified under clause 4.8) within a maximum of three (3) business days, from Device reception at DaDos. DaDos will not accept responsibility for any fluctuation in exchange rates during the period in which the Deposit is held.
4.8 All prices charged for DaDos’s Device(s) and Services are in Thai Baht. Rental charges are VAT inclusive.
5. REFUND POLICY
5.1 If the Customer is having any difficulty with using the device, the Customer must notify DaDos immediately within the Rental Period in order to qualify for any possible refund or discount. The right to dispute the Rental Charge will be waived if otherwise. Any refund or discount is provided solely at DaDos’s discretion.
5.2 The Customer must notify DaDos in writing of any final disputes regarding any price charged within 30 days after the end of Rental Period or else the right to dispute the price charged will be waived.
5.3 Cancellation before 7 days from the Start Rental Date will imply a refund. 200THB will be deduced from the total charges for banking costs.
5.4 A Cancellation between 7 days and 2 days prior to Start Rental date will imply a penalty fee of 200THB to be deduced from the total charges. DaDos also reserves the right to exceptionally deduce any potential shipping costs(400THB), if any.
5.5 In the event that the Customer returns the Device to DaDos or requests a cancellation after the Starting Date and before the expiry of the Rental Period or any extended Rental Period(s), any Rental Charge paid will not be refundable.
6. USE OF DEVICE
6.1 From the time the Device is delivered to the Customer’s address, the Customer is responsible for the care of the Device. The Customer will use the Device in a careful and proper manner and in accordance with the instructions within the User Guide and in no other manner.
6.2 The Customer agrees that he/she shall not:
6.2.1 use the Device outside Thailand;
6.2.2 effect any repairs or modifications to the Device, or attempt to reverse engineer the Device;
6.2.3 remove or interfere with any certification markers affixed to the Device;
6.2.4 deface or add to the Device;
6.2.5 attempt to sell, hire, assign, charge, pledge, or otherwise lend or dispose of the Equipment or any interest therein, sublet or allow the use of the Device by any third party;
6.2.6 attempt to dispose of the Device, or encumber or grant any interest in the Device to any third party.
6.2.7 Use the Equipment for any illegal purpose.
6.3 The Customer agrees that he/she shall:
(a) take reasonable care of the Equipment and use it only for its intended purpose; and
(b) comply with all directions given by us or in any accompanying instructions as to the use, storage and maintenance of the Equipment and you shall be liable for any damage or deterioration resulting from any failure so to comply;
(c) permit us upon reasonable notice to inspect the Equipment; and
(d) notify us immediately, following any loss of, damage or deterioration to, and/or breakdown of, the Equipment; and
(e) be responsible for and shall fully reimburse us for any and all expenses, costs, losses (including loss of Rental Charges) and/or damage incurred by or against us arising from any loss of, damage or deterioration to, and/or breakdown of the Equipment attributable to any act or omission by you; and
(f) indemnify and keep us indemnified against any and all losses, lost profits, damages, claims, costs, actions and any other losses and/or liabilities suffered by us and arising from or due to any breach of contract, tortious act and/or omission and/or any breach of statutory duty by you.
6.4 In the event the Device is stolen or lost, please also email DaDos immediately at firstname.lastname@example.org.
7. REPAIRS OR DAMAGED DEVICE
7.1 If the Device malfunctions, the Customer will notify DaDos immediately.
7.2 DaDos will repair or replace the Device as soon as possible after DaDos has been notified of the problem by the Customer, and provided the Customer is not in breach of its agreement with DaDos, DaDos will provide the Customer with a replacement Device as soon as possible for a period equivalent to the part of the Rental Period unexpired when the malfunction occurred.
8.1 By using this service, you agree and acknowledge you are renting Equipment for travel purposes only, and that you will acquire no rights in the Equipment. You agree that we will retain all ownership of the Equipment, including but not limited to user guides and accessories. The Device will at all times remain property of DaDos. Customers have no rights other than temporary use.
9.1 The use of the Device and all Services may be terminated or deactivated without notice by DaDos upon any of the following events: (a) DaDos has any reason to believe the Device was obtained by any misrepresentation or fraudulent means; b) DaDos has any reason to believe the Device is or may be used for any illegal or improper purpose, or in violation of applicable laws; (c) DaDos has any reason to believe there is a breach of any of the clauses hereunder.
9.2 In these events, DaDos will take immediate possession of the Device without being obliged to repay any portion of the Rental Charge and DaDos will not have any liability to the Customer for such termination.
10. LIABILITY & REPRESENTATIONS
10.1 DaDos warrants that the Equipment will be delivered in good working order and condition when it is delivered to the Customer, but DaDos cannot be responsible for the performance of the Device or the operation of the Network to which the Device is connected.
10.2 The Customer acknowledges that Services may be temporarily interrupted, delayed, or otherwise limited due to a variety of causes, including but not without limitation to transmission limitations or interruptions, atmospheric conditions, system capacity limitations, Network coverage, location / placement, wireless signal strength, Network system, or Device failure.
10.3 DaDos does not guarantee the correct functioning of Voice over IP (VoIP) applications such as Skype, Google Voice, Viber, etc. as it fully depends on the network infrastructure state, which is out of DaDos’s control.
10.4 Subject to the clauses hereunder, the Customer shall be solely responsible for and shall indemnify and hold harmless DaDos against all claims, demands and liability arising as a result of the lease, possession, use, condition, operation or misuse of the Device by Customer or third parties, or of the services provided hereunder, whether in breach of the clauses hereunder or otherwise arising howsoever. This indemnity provision shall survive the termination of this Agreement.
10.5 DaDos will in no event be liable for nor shall the Customer make any claim against DaDos for any liability, claim, loss, injury, damage or expense of any kind (including lost profits) whether direct, indirect, incidental or consequential caused by the Device or the failure of the Device to operate correctly or at all, or for any delay, faultiness (such a degradation of service) or failure of the services.
11.1 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.
11.2 This Agreement is personal to you and may not be assigned nor transferred by the Customer to any other person, nor can this Agreement be modified (or any provision waived or modified) except by written instrument signed by DaDos or its authorized agent.
11.3 This Agreement constitutes the entire agreement between DaDos and the Customer with regard to the subject matter hereof, and there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the Device or the Services, other than as set forth herein.
11.4 DaDos is not liable for any lack of privacy or security which may be experienced with regard to the Services.
11.5 The clauses hereunder may be amended or modified by DaDos at its discretion at any time by providing notice to Customer of such changes either as a note on the website screen presented immediately after completion of the log in by a Customer, or by email address of the Customer, or by any other reasonable means.