LEGAL CONDITIONS OF USE AND SUPPLY OF EQUIPMENT IN RENT
The acceptance of the current legal conditions, it means that it has been read, understood, recognized and accepted the same ones, and that are of obligatory compliance on the contracting parties.
THE CONTRACTORS PARTS:
On a part, – the entity Javas Wireless Indonesia (from now on, JAVAMIFI), with office in Jakarta, Indonesia, in its condition of supplier.
On another part. – The client and / or user, whose identity details remain registered in the record of the website, previously to the acceptance of these legal conditions, in its condition of final consumer and / or renter (from now on THE CLIENT).
Any contributor company of JAVAMIFI that participate in the promotion of the supply of the equipments object of this contract, and / or of its delivery and collection of the product, they are not a part of this contract, for what concern of the same ones, THE CLIENT does not establish a contractual relation due to the subscription of the present conditions of use and supply in rent of the commercialized products by JAVAMIFI, the only contractor opposite to the same one and liable party by the present document.
The implied parts, are recognized sufficient and necessary legal capacity to sign the present contractual document, and undertake for the same one, and to that end.
1. – THE CLIENT is interested in the use and supply in rent on behalf of JAVAMIFI of a wireless router with data package included, its accessories and guide of user (from now on THE EQUIPMENT), in order to having access to Internet in the conditions that are showed on JAVAMIFI’s web (www.javamifi.com), and this last one in the transfer of use and supply of THE EQUIPMENT to THE CLIENT, therefore accept the present conditions of use and supply in rent.
2. – CONTRACT OBJECT. – THE CLIENT receives in JAVAMIFI’s rent, the product named THE EQUIPMENT, whose description is listed in the booking details and in JAVAMIFI’s WEB (www.javamifi.com), in the agreed period and conditions of use, in perfect condition of functioning, compromising himself to its conservation and to use it with the proper diligence, fulfilling the legislation applied and the general conditions of use that are showed in the current document.
3. – FORMALIZATION AND EFFECTS OF THE CONTRACT. – The formalization of the current contract is effected under the fulfillment of the booking of THE EQUIPMENT, through JAVAMIFI’s website(www.JAVAMIFI.com), and the data transmission acceptance of the current legal conditions.
Once made the same one, JAVAMIFI will provide to THE CLIENT an order number with the booking details with a telematic sending to the e-mail address provided by THE CLIENT, being a responsibility of this one to provide correctly the sending address, and recovering the same one. Equally, and to the same e-mail address, JAVAMIFI will send in digital format a receipt of THE EQUIPMENT rented where it will be showed the order number , the receipt mentioned above will be transformed in legal invoice by request of THE CLIENT, that it will be sent in digital format to the same e-mail.
The collection of THE JAVAMIFI EQUIPMENT by the CLIENT by an establishment or an authorized Partner by JAVAMIFI means the complete acceptance, spoiled and informed of the current legal conditions of use and supply, included the support in which itself is formalized, not being precise the physical or digital signature of THE CLIENT to give validity or binding efficiency to the contract, in case the booking has been made previously in JAVAMIFI’s WEB (www.javamifi.com). In case of the rent of THE EQUIPMENT through a collaborator company of JAVAMIFI, THE CLIENT will be undertaked in the moment of the collection of THE EQUIPMENT to sign a document to that effect, that will contain a summary of the essential clauses of this document as a sign of acceptance of the same ones.
4. – IDENTIFICATION OF THE SUPPLIED PRODUCTS BY JAVAMIFI AND DELIVERY WAY TO THE CLIENT. – JAVAMIFI’s products will be offered to THE CLIENT as much in the website (www.javamifi.com), as in the offices of contributors companies; hotels, rent a car agencies, travel agencies, etc., as well as in authorized desks of JAVAMIFI.
The way of delivery and / or collection of THE EQUIPMENT will be detailed at the same moment the booking is done, being registered in the website (www.javamifi.com).
THE EQUIPMENT delivered will be always identified, the number of reference will be externally indicated in the router , also it will appear the name and the password of the WIFI network, as well as an e-mail (firstname.lastname@example.org) and the telephone of technical support of JAVAMIFI’s. This equipment is only valid in the national territory where it has been rented.
Every router, will be given to THE CLIENT in a case or box, which, it will contain besides this one, its accessories (chargers and wires). After the delivery the THE CLIENT will be responsible of verifying that the content of the case or box corresponds with THE EQUIPMENT that has been rented according to the current legal conditions, corresponding with the technical characteristics of the same one that are published at every moment in the WEB (www.javamifi.com), In case don´t agree with the content of THE EQUIPMENT to its delivery, THE CLIENT will have to inform about these circumstances to JAVAMIFI, through the Call Center or the e-mail email@example.com, and in case of supply through a collaborator company, at the moment of its delivery and before leaving the establishment.
5. – DURATION OF THE CONTRACT AND MODIFICATIONS OF THE CLIENT. – The duration of the contract will be showed at the booking details of THE EQUIPMENT, and they will remain registered at the moment of doing this in the web, and with the sending of confirmation e-mail to THE CLIENT by JAVAMIFI, where it will be specified, the days of rent, included the day of delivery and the day of return of THE EQUIPMENT. The days of rent will be calculated by calendar days, with independence of the hour of collection and / or delivery of THE EQUIPMENT, so the charge of the rent will be done from 00:00 hours of the day of the delivery independently of the hour in which really it is made or delivered, until 23:59 of the day in which THE EQUIPMENT is returned in an office of a collaborator company of JAVAMIFI or the previous day when it will be collected by a messenger company in the place and day indicated in the booking.
The obligations of the current contract are born and come into force from the moment in which the payment is done by THE CLIENT of the rent of THE EQUIPMENT. If THE CLIENT decides to cancel the same one, or reduce the initially expected duration, JAVAMIFI will return the agreed initially total amount, or will reduce this one proportionally to the new duration, without prejudice to the application of the cancellation fees if any.
6. – RETURN OF THE JAVAMIFI EQUIPMENTS. – THE CLIENT will return THE EQUIPMENT in the same conditions of use that it was delivered to him, as much related to the case or box ,as well as complementary elements (chargers and wires), and as well as the guide of use, in such a way that THE CLIENT won´t be able to modify any technical characteristic of THE EQUIPMENT and won´t be able to do any modification of its exterior and / or interior look.
THE CLIENT will assume the necessary expenses of repair or adjustment to return THE EQUIPMENT with its original condition, without prejudice of the hurts and prejudices caused to JAVAMIFI derivative from the reconditioning of the product for the time that the same one had to be immobilized, as well as any other one caused to JAVAMIFI.
THE CLIENT will have to return THE EQUIPMENT in the place designated in the booking, which remains registered in the record of the WEB platform, and in the confirmation e-mail of sending and booking sent to THE CLIENT by JAVAMIFI. The return of the product in a different place from the designated one, the neglect, loss or theft of the same one, authorizes JAVAMIFI to demand to THE CLIENT the amount of the rent corresponding to the extra days necessary for the recovery of the product and the implementation for its rent in the point of delivery foreseen in the booking, to the economic limit of the deposit paid with the booking.
Without prejudice of the previous thing, JAVAMIFI reserves itself the right to lodge the pertinent legal actions due to the disappearance or not returning of THE EQUIPMENT, opposite to THE CLIENT, being of his responsibility any juridical or legal consequence that could originates from the mentioned disappearance or bad use of the same one.
JAVAMIFI will proceed to take security deposit with the amount depend on THE EQUIPMENT type at the moment of the booking, once is made the return of THE EQUIPMENT and the checking of the use and conservation conditions of the same one.
7. – PRICE AND PAYMENT WAY – THE CLIENT is forced to pay for the rent of THE EQUIPMENT to JAVAMIFI, delivery and return of the same ones, in acceptance with the current rate that JAVAMIFI publishes at every moment in its WEB (www.javamifi.com), and whose final price is showed in the booking, and that is previously informed to THE CLIENT .
All prices, except express indication in the opposite way are showed in US Dolar / IDR Rupiah, and VAT or other taxes that are legally applicable at every moment are included.
The application of the agreed rate initially is subordinated to the return in the same conditions in which THE EQUIPMENT was delivered in the agreed place, date and hour indicated in the booking by THE CLIENT.
JAVAMIFI is expressly authorized by THE CLIENT to realize with posteriority in finalisation of the rent of THE EQUIPMENT, by an electronic payment system or any other payment system to do the charges for the following concepts:
a. The derivatives of the modification of the duration of the contract, of its cancellation, when the same ones had not been paid previously by THE CLIENT.
b. The derivatives of the repair of the damages suffered by the different elements that constitute THE rented EQUIPMENT, regarding to the indicated in the WEB booking, always that THE CLIENT had not acted accordingly to the stipulated in the applicable underwriting contract.
c. The derivatives of the replacement of the elements that constitute THE rented EQUIPMENT, that had been lost or removed, always that THE CLIENT had not acted accordingly to the stipulated in the applicable underwriting
Regarding to letters b) and c) , the maximum responsibility of THE CLIENT will be:
Payments will be done by a payment platform included in the WEB www.javamifi.com, enabled to the effect for payments with credit or debit cards authorized for electronic commerce, or across Paypal account, without prejudice of request of payment with bank transfer.
8. – RIGHT OF CANCELLATION – JAVAMIFI reserves the right to solve this contract in advance with immediate effect and without any type of indemnification to THE CLIENT, if information will come to its power on the lack of economic and financial solvency of the same one, to assume the costs of the actual contract and the rest of obligations related to this.
9. – COMPUTING TREATMENT OF THE PERSONALS DETAILS – For the purposes of the arranged in the in the valid normative related to the personal details protection of information of personal character and services of the information society and electronic commerce, JAVAMIFI informs that the personal details of THE CLIENT will be incorporated to an automatic file of information of personal character created under the responsibility of this company, in order to be able to manage the services of rent of the contracted products, as well as to keep him punctually informed about all those offers, products and own promotions or third parties that could be of his interest, through e-mail, as well as any other equivalent way, in case of commercial communications through e-mail, or any other equivalent way, the client gives his express agreement for the sending of advertising through the above mentioned way. This agreement could be revoked at any time through an e-mail sent to firstname.lastname@example.org, where equally it will be able to exercise the rights of access, modification, opposition or cancellation of his information.
10. – BAD FUNCTIONING OF THE EQUIPMENTS. – In case the rented products do not work or do it defectively, THE CLIENT has at his disposal a call center service (+6287787137941) (24 hours; languages: english/bahasa) and an emergency mobile number for the rest of schedules. Also he can communicate any incident through e-mail to: email@example.com. It will be given solutions to the mentioned incidents on behalf of JAVAMIFI to THE CLIENT, as quickly as possible.
The obligation to give advise in the use and managing of router, through JAVAMIFI’s staff or across the staff of collaborators companies of JAVAMIFI is not assumed by JAVAMIFI.
11. – LEGISLATION AND APPLICABLE JURISDICTION. – The current contract will be governed and will be interpreted in agreement with the Indonesian laws. JAVAMIFI declares its intention of solving any difference in a friendly way. If this was not possible, any controversy derivative from the interpretation and fulfillment from this one determined or that has any relation with its (included any question relative to its existence, validity or termination), will be solved through arbitration of equity, to which the parts surrender expressly, being the organ of arbitration named by the Chamber of Trade and Industry of Jakarta, who will design the only arbitrator, and that will act in conformity with the regulation of the valid mentioned Chamber at the date of presentation of the application form. The language of the arbitration will be Indonesian language and the headquarter of the arbitration will be Jakarta (Indonesia),being subject to law both parts to the judgement that is dictated.
In witness whereof and for all pertinent purposes the parties with the confirmation of their reservation accept the above legal requirements, mandatory clause, on the date of the confirmation of this reservation.