Terms of Service & Rental Contract

OVERVIEW

This website is operated by The Audio Guestbook Co. Throughout the site, the terms “we”, “us” and “our” refer to The Audio Guestbook Co. The Audio Guestbook Co offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service & Rental carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

RENTAL CONTRACT TERMS (PLEASE READ)

The following contract and its terms will set forth a legally binding agreement between
The Audio Guestbook Co (Provider) Email: [email protected] and the Name(s) of the individual(s) listed on the order (Client).

This written contract sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties.

RENTAL PERIOD

The Rental Period will be the start and end date as selected and shown in your cart.

During the rental period, live phone support will be available to Client. During this time, it is the Client’s responsibility to monitor and inform Provider of any problems encountered immediately through phone contact. Provider will be responsible for delivery via UPS or other carrier at is discretion, and Client is responsible for return, using Provider’s prepaid shipping label. Return can be completed by drop-off at an approved carrier location, or a delivery pickup request when available.

PAYMENT

Upon payment of the rental, Client assumes full responsibility for package/options selected, and any requests to change service or add-on options will require full payment be made in the case of a balance difference. Any payment is considered non-refundable and is used to secure the Rental Period. 

DATE CHANGE AND CANCELLATIONS

Any request for a date change must be made in writing (via mail or email) at least thirty days in advance of the original event date. Change is subject to future availability and receipt of a new Service Contract. Any cancellation occurring within sixty days prior to the event date shall forfeit all payments received. If there is no availability for the alternate date, the deposit and any payments received will be forfeited.

DAMAGED OR LOST EQUIPMENT

Client acknowledges that it shall be held completely responsible for any damage or loss to Provider’s equipment caused by: a) Any misuse, or unintentional damage of Provider’s equipment by Client or its guest, b) Any theft or disaster (including but not limited to power surge, fire, drinks spilled on equipment, flood or earthquake), or c) Any accidental loss resulting in missing items that were included with original shipment. Upon receiving equipment back, we will conduct an inspection to ensure all returned items are accounted for, and that they are returned in similar condition, less expected wear and tear from use. Any damage or missing items will result in charges equal to the exact replacement cost of missing or damaged items, plus a 20% fee. Item replacement costs with fee are detailed below:

Audio Guestbook Phone – $1950
USB-C Charger – $30

Battery Pack – $60
Packing Materials – $5 to $20

EQUIPMENT GUARANTEE

We fully test and carefully pack every item before shipping your rental. We guarantee full working condition of the Audio Guestbook phone, including its ability to be powered through at least one of the power supply options included (wall charger, or battery pack when added), as well as the ability for guests to record messages up to two and half minutes in length throughout the duration of time booked (or to the estimated capacity of the battery charger). Proper operation of the Audio Guestbook phone includes picking up the handset, listening to the voicemail recording, waiting for the beep, speaking clearly into the phone, and then hanging up the phone to save the message.  We make no guarantees for any items outside of the aforementioned normal operations of the Audio Guestbook, and under no circumstances will be responsible for any of the following: Unsaved or unrecorded messages due to guests not properly hanging up the phone; Poor placement of phone in a low-trafficked area resulting in only a few guest messages; Any specific number of final recorded messages; Loud background noise from placement of the phone near speakers or in a loud environment; A non-functioning phone or lost files where the startup & shutdown instructions (included with rental) were not properly followed; Non-use of the phone by choice or otherwise; or any other scenarios that would be outside of us fulfilling this service rental agreement of sending a working Audio Guestbook phone.

SHIPPING & DELIVERY

Client is responsible for being available to receive delivery based on tracking numbers provided when order is shipped. Client acknowledges that Provider may elect to send equipment with signature required or without signature required at its discretion. If Client is not present to receive a signature required delivery, and as a result, does not receive their equipment in time for their event, Provider cannot be held responsible. If a shipment is sent without signature required, Client understands that the package will be left at the delivery address unattended. Unattended packages are susceptible to theft and inclement weather, and any damages or theft after equipment has been delivered will be the full responsibility of the Client. It is highly recommended Client use the tracking number provided to daily check estimated delivery status from the shipping carrier, beginning 2 – 3 days within the expected Rental Period Start date.

RENTAL EQUIPMENT RETURN

Client will receive shipment with a packing list which will include one or more of the following items: Audio Guestbook Telephone (in plastic bag), USB-C wall outlet, battery pack (in plastic bag), laminated instructions/return guide, return shipping label, and packing material. Client is responsible for safely repacking all equipment into the original case or box provided in the same manner it was shipped (for image reference, see: https://bit.ly/3HMKWQI). This includes packing the battery into the original plastic bag, placing all items in the box with proper padding, and placing the return shipping label completely covering the original shipping label, and a blank label to secure the box closed. All equipment rentals must be shipped back within 2-business days following the Rental Period end date with the proper shipping carrier as referenced on the included return label. Your return date will be confirmed by receipt of shipment confirmation from the shipping carrier when it’s scanned and will be used to determine any late return fees that may apply. Late return fees will count as additional rental days and charges will apply at a rate of no less than 20% of the total rental cost per day late, unless an exception is made, in writing, by Provider in advance. If Client wishes to dispute a late return fee, Client must provide timestamped proof of return shipping validation, through a receipt provided by shipping carrier at time of drop-off/pick-up.

If Client fails to fulfill any of these requirements, Client will be fully liable for any missing or damaged equipment/supplies, late return fees, and any other costs Provider may incur associated with the Client failure to follow these directions. Provider may charge the card on file to cover these costs or may invoice Client for the equivalent fees. Audio messages will not be made available to Client until after all fees have been paid in full.

INDEMNIFICATION

Client agrees to, and understands the following:
a) Client will indemnify Provider against any and all liability related to Client’s Event during or after Client’s Event. Client will indemnify Provider from the time of service and on into the future, against any liability associated with Client.
b) Client will indemnify Provider against any and all liability associated with the use of audio recorded from the Audio Guestbook at Client’s Event.

MISC TERMS

If any provision of these terms shall be unlawful, void, or for any reason unenforceable under Contract Law, then that provision, or portion thereof, shall be deemed severable from the rest of this contact and shall not affect the validity and enforceability of any remaining provisions, or portions thereof. 

This is the entire agreement between Provider and Client relating to the subject matter herein and shall not be modified except in writing, signed by both parties. In the event of a conflict between parties, Client agrees to solve any arguments via arbitration. In the event Provider is unable to supply a working Audio Guestbook Phone during the Rental Period, and the fault is linked to our equipment malfunctioning, Client shall be refunded a prorated amount based on the amount of service received. If no service is received, Provider’s maximum liability will be the return of all payments received from Client. Provider is not responsible for any consequential damages or lost opportunities upon breach of this agreement.

By submitting an order on our website, Client acknowledges that I have read, understand, and accept the terms of this service contract.