Terms and Conditions
All terms and conditions listed below
2. Rental Requirements
3. Rates / Terms of payment
4. omthego Internet Appliance
5. Rental period
6. Loss, damage, replacement
7. Indemnification and Hold Harmless
“End User” is the customer who requested and picked up the omthego and the intended user of the omthego Internet appliance.
“Om Networks” is the owner of the equipment.
“omthego” or “device” is the Internet appliance rented to End User for the period requested on the Om Networks omthego rental reservation and agreement form. This includes the appliance, and all parts and accessories necessary for its operation, including but not limited to its power over Ethernet driver, and its power supply.
“RATT” Rental Agreement Tracking Ticket is an interactive document which contains the agreement, rental duration, and documentation which includes pictures of the End User’s ID, omthego documentation, and support information.
All bookings for reservations of omthego must be done through the reservation form at www.omsoft.com/omthego which requires a valid email address and credit card. All communications documentations and transactions in regards to the rental are done via email through the rental agreement tracking ticket (RATT). Upon pickup, End User must produce a valid California ID or US Passport to show the Om Networks technician when you receive the rental. This ID must match the information provided on the rental request form. A picture of this ID will be taken and added to the RATT.
An equipment deposit is collected by Om Networks staff via the authorized credit card provided, in the amount of $99, at the time of the omthego pickup.
Please note that Om Networks only accepts major credit card payments related to omthego Internet appliance rentals. During the course of booking, Om Networks will collect personal data. The client is obligated to provide the required information. Lack of information will prevent Om Networks from processing the booking correctly and may hinder the commencement of the rental agreement.
The total charges for each rental will be determined according to the current published price at the time of rental, the rental duration, and the omthego security deposit, according to the web page published at www.omsoft.com/omthego. These charges are enumerated to End User, along with these Terms and Conditions in a document residing with Om Networks’ contracted electronic signature processor, notification delivered via contact email address provided by End User on omthego rental reservation form. This agreement is electronically signed and agreed to by the End User. Upon execution of the Terms and Conditions by End User this document is added to and creates the rental agreement tracking ticket (RATT) which provides documentation, communication and coordination of the omthego Internet Appliance rental process between Om Networks and End User.
3.2 Terms of Payment
The payment of agreed to rental fees plus equipment deposit is made by means of a credit card, at the start of the rental upon the day of the pickup of the omthego Internet appliance.
Any additional charges related to changes of initial reservation period or dates, especially change in number of days of rent, damaged omthego or omthego not rightfully returned with all components, will be charged at the end of the rental period when the equipment is returned, or earlier if deemed necessary by Om Networks.
Non-payment of any invoice when due or any other non-payment will render all outstanding invoices due immediately and will authorize Om Networks to require immediate return of any devices still on rent and to terminate the rental agreements relating to such rentals.
3.3 Reservation, Terms and Conditions
All reservations for omthego Internet Appliance rentals are made through the Om Networks web site at www.omsoft.com/omtheogo. Reservation Cancellation, before the lease of the device commences, may also be made through the Om Networks website contact us form or RATT and will take effect at the date and time the cancellation is successfully recorded and acknowledged by Om Networks staff as recorded in the RATT. A cancellation confirmation notification will be sent to the email address provided by End User. Should a cancellation notification not be received by the End User, then End User must contact Om Networks to rectify the issue. If a cancellation confirmation is not received by the End User, the rental agreement is still considered active.
Amendments to the reservation are done in writing via email through RATT. No refunds shall be given for early returns. If End User fails to collect the omthego on the requested rental start date without giving notice or making adjustments to that date, or submits a cancel after the rental period commences, End User will be charged a rental agreement abrogation fee, which is a total of 25% of the contracted rental amount or $19.95 whichever is greater. At its discretion Om Networks could try to contact End User via phone, text or email about the reservation, should End User fail to pick up the requested omthego Internet appliance at the requested time on the requested reservation date. Thereafter, and the next business day, and if no adjustments or contact is made with End User in regards to adjustments to the reservation period, Om Networks will terminate the RATT and charge the abrogation fee.
Omthego rentals are subject to these standard terms and conditions of Om Networks Rental Agreement Terms and Conditions, Om Networks Acceptable Use Policy (www.omsoft.com/acceptable-use-policy) and Om Networks Accounts Receivable Policy (www.omsoft.com/accounts-receivable) in effect at its published website at the time of rental.
4.1 Condition of the device.
A picture of the condition of the device will be given to End User at the same time as the rental is picked up in a shared support ticket.
Before leaving the rental location, End User should check the condition of the device to ensure it matches the picture. Should there be a discrepancy, Om Networks staff will note the condition in written form on the RATT, and take another documentary picture of any apparent defects. All markings or damages must be recorded either in writing or in picture before the rental commences.
End User will return the device in the same condition as it was provided to End User. End User is responsible for any repair or refurbishment costs which will be added to the cost of the rental.
4.2 Use of the device
The device must not be used by anyone other than End User and any parties directed and intended by End User.
End User must take care of the device, keep it in good condition. Om Networks requires refunds for any costs or repairs, Om Networks might incur in case of damage to the omthego Internet appliance, which will be withheld from the End User’s deposit.
The device will be provided to End User with a specific software configuration. This configuration is the sole intellectual property of Om Networks. End User must return the device with the same software configuration, and promises not to access, view or copy the software configuration on the device, nor make any changes to it. Should the configuration be changed, or the device reset to factory default conditions during rental, Om Networks will charge End User for its time to re-establish the software configuration to the omthego Internet Appliance, and deduct this fee from End Users’ deposit.
4.3 Prohibited uses of the device
In particular, End User must not use the omthego in any of the following ways or purposes:
– Used near or with inflammable or other harmful items, including poisonous, corrosive substances,
– Any activity(ies) that are in violation of Om Networks’ Acceptable Use Policy (AUP) as published at www.omsoft.com/policy/acceptable-use-policy
– Carried with or exposed to anything which, has a strong lingering smell, harms the device, which deprives Om Networks from immediately renting out the omthego again,
– In water, exposed to rain or other locations where the device has a likely chance to get wet
– Rental to or use by other commercial entities or end users, where End User would receive money or compensation for said rental
– use with any other AC power cord or powering system other than the one provided with the rental.
– used to intentionally commit any offense, or violate any laws of the State of California, or the United States of America.
End User will be liable for any offense(s) committed during the rental period which relates in any way to use of the device, as if End User were the owner. Upon the request of the authorities or any official body, Om Networks may, at its sole discretion, provide any information it has gathered from the rental reservation form, or its rental tracking ticket, to those authorities.
In addition any use of the omthego which violates it’s acceptable use policy or may be detrimental to Om Networks entitles Om Networks to automatically terminate the rental agreement with immediate effect. Such termination will be conveyed in at least two ways, email via the RATT and either phone call, text, or letter, whatever Om Networks chooses. End User will then return the omthego immediately as soon as Om Networks so requests.
4.4 Maintenance Problems
When the rental starts, the device will be fit for normal use. If it is not, or if it unfit for normal use during the rental because of any problem or accident, End User must inform Om Networks by telephone via the contact number on its website www.omsoft.com or via email through the rental tracking ticket. In such a case, Om Networks will have the following choices:
- Replacing the omthego
- Terminating the rental agreement.
Om Networks is not liable to pay any maintenance or purchase of accessories related to End User’s use associated with the equipment during the rental period. Om Networks only, is authorized to purchase accessories associated with the rented equipment.
Any fees and expenses related to power, use of, or any repair undertaken by End User to Om Networks’ omthego during the rental period will not be reimbursed to End User.
End User must inform Om Networks of all accidents, damage, problems, or malfunctions of the omthego, even those which End User or its Agents may already have repaired, when End User returns the device. End User will remain liable for any damages to Om Networks.
4.5 Technical Support
For the length of the rental, as agreed with Om Networks, End User has the benefit of phone, email and walk-in technical support services. If required, this service can be contacted by calling the Om Networks support number, emailing questions or comments to the RATT, or coming to Om Networks’ business location during business hours.
5.1 Deposit and Fees
The rental duration is calculated on the basis of individual periods of a day (24 hours), a week (7 days), or a month (30 or 31 days), starting from the time the omthego is made available as requested by the End User on the omthego rental reservation form. Payment and deposit for the omthego rental is collected from End User upon checkout of the omthego to the End User from the Om Networks office.
5.2 Extension to Rental
Should End User wish to keep the omthego for a period longer than that originally set out in the rental agreement tracking ticket, End User must first contact Om Networks by phone or through email via RATT in order to extend the duration of the rental agreement (may require End User to come in person to an Om Networks location or confirm this on the web site www.omsoft.com
5.3 omthego Return
End User should return omthego only to Om Networks staff at its business location, and during business hours. The end of the omthego rental is defined by the return of the omthego to Om Networks’ business location. This must be done to an authorized employee who will review the returned device and ensure all the contents originally checked out to the End User are present, and will take a photo thereof to document in the RATT with a time stamp. Om Networks will provide a grace period of up to two hours, within business hours, of the agreed upon time for return before another day’s rental charges will accrue for a late return.
The omthego must be returned with all accessories rented, which is typically the power over Ethernet driver, and AC power supply. Should that not be the case, End User will be invoiced for the replacement of these items. Om Networks strongly recommends that End User be aware of all items and accessories checked out with the appliance, including but not limited to the Power supply and power over Ethernet driver, or any USB battery bank or other items .
Under no circumstances will Om Networks accept any liability for articles that may have been left with the omthego at the end of the rental.
In the event of theft, confiscation, damage, or loss of the omthego, End User must immediately inform Om Networks in writing, through the RATT. Om Networks will be entitled to take all measures which it deems necessary to protect its property rights. End User will be liable for all damage, costs and/or expenses associated with the above measures and for any direct, indirect, consequential damages to the omthego unless it is demonstrated that Om Networks is directly responsible for such confiscation, damage, or loss.
Furthermore, the rental agreement could be terminated as soon as Om Networks is informed of any such occurrences, theft, confiscation, damage, or loss, as a remedy and at its sole discretion.
In the event of theft of the omthego, the rental agreement will be terminated as soon as Om Networks has received a copy of the police report made by End User to the authorities. In this case End User is liable for the full replacement cost amount of the omthego.
In the event of damage from an accident, the rental agreement will be terminated as soon as Om Networks has received a copy of the accident report completed by End User and, where applicable, the third party. Om Networks will charge a final amount due, which includes the rental period, plus fees to restore the omthego Internet appliance to merchantable working service, up to and including device replacement. Equipment deposit fees will be retained, for payment of these fees, the remainder to be collected from the End User provided payment method up to the full replacement cost ($250).
If Om Networks decides to provide a new omthego, the rental agreement tracking ticket (RATT) of the damaged, stolen or lost device will be closed and amended to a new ticket and reservation request accordingly. In this case End User is liable to pay a new deposit at the start of the new omthego rental.
Should there be a loss of any kind, damage and/or loss of omthego, suffered by Om Networks, and then subsequently recovered in any way within 60 days, partial or total collected liability will be reimbursed to End User.
Om Networks does not have insurance to cover the omthego or against Property Damage that End User might inflict on a third party or bodily harm to a third party, as a result of an accident involving the omthego. End User is responsible for 100% of the costs they may incur in these events.
In the event of theft, loss or damage caused to it, End User must fully indemnify Om Networks (the indemnification will include the amounts corresponding to the repair costs, resale value of the omthego, loss of use, administration charges…).
End User will not be exempt from liability towards Om Networks in the case of breach of contract. Therefore, End User will be responsible for any financial loss Om Networks suffers as a result of such breach and for any relevant claims made by other people. End User agree to pay any amounts Om Networks spends in enforcing these terms.
Neither Om Networks, nor its owners, directors, officers, employees, or agents, will be liable to End User for any loss or damages (including but not limited to loss of profit or earnings, missed appointments, examinations, meetings or other failures) from End User’s use of the omthego, the Internet Access or lack of, or any problems with, the omthego Internet appliance.
7.2 Hold Harmless
Notice: Any claims towards Om Networks are denounced, whether towards Om Networks, it’s officers, directors, employees or others. Om Networks is not liable to the contracting party for any amount or any action, law suit, claim or other legal issues that might arise. Om Networks is not liable for direct, indirect, consequential, punitive or other damages, such as loss of business or loss of profit, arising from or out of or in connection with the rental or use of any of the Om Networks devices, where the action is based on contract or in tort. Om Networks will be indemnified and held harmless from all claims, liabilities, damages, losses or expenses arising from the rental or use of the omthego Internet appliance.