Search

More results...

Generic filters
Exact matches only
Search in title
Search in content
Search in excerpt

Legal

Rental Agreements

Ooma Equipment Rental Agreement
(“Rental Agreement”)

Last Updated: April 22, 2020

Capitalized terms not defined herein will have the same meaning as in the Terms and Conditions.

Rental of Equipment is available to customers of Ooma’s Services. This Rental Agreement is subject to Ooma’s Terms and Conditions, which are incorporated herein by reference. To the extent there is any conflict between the terms of the Terms and Conditions and this Rental Agreement, the applicable terms of this Rental Agreement shall govern.

  1. Terms of Rental. The rental by you of any Equipment (“Rental Equipment”) from Ooma (the “Rental”) is governed by this Rental Agreement. Ooma charges a recurring monthly fee for each item of Rental Equipment. As part of your recurring bill from Ooma, you agree to pay for the Rental Equipment using the same payment method and payment period as your payments for the Services. The Rental will start on the date the Rental Equipment is delivered to you and will terminate upon the earlier to occur of (i) termination by you, after the completion of a minimum term, if any, plus five (5) working days’ from your termination request; or (ii) termination by Ooma of the Services in accordance with the Terms and Conditions. If you terminate your Rental for any reason within 12 months from the date you commenced the Rental, you will be charged a return charge per item of rented Equipment at the rates published on our website at https://www.ooma.com/office/rental/.
  2. Rental Returns. Within 14 days of termination, you agree to return at your own expense all Rental Equipment to Ooma or you will be charged $50 per item of Rental Equipment, in addition to any applicable return charge. The returned Rental Equipment must be fully functional, and include all components, manuals, and other accessories that were originally shipped with the Rental Equipment. At Ooma’s discretion and without prejudice to any other right or remedy we may have under this Rental Agreement, we may decline your return or charge you an additional fee of $20 for each item that we determine is damaged or not in good working order, which sum the parties acknowledge and agree represents a fair pre-estimate of Ooma’s loss. Ooma has the right, but not the obligation, to delete or destroy any and all data in the memory of returned Rental Equipment.
  3. Purchases. You may purchase an item of Rental Equipment at any time following 12 months from the date you received the Rental Equipment, at a purchase price equal to 80% of the item’s then-current Ooma list price shown on Ooma’s website.
  4. Ownership and Risk of Loss for Leased Equipment. Ooma has title to Rental Equipment at all times, and you acquire no ownership, title, property, right, equity or interest in the Rental Equipment other than your leasehold interest solely as lessee subject to all the terms and conditions of this Rental Agreement and any rent obligations set forth in an order form. You will not grant any third party any right to use, possess, or control any Rental Equipment, sublease any Rental Equipment, attempt to dispose of any Rental Equipment, grant any interest or right in any Rental Equipment to any third party, or otherwise do anything that undermines Ooma’s ownership of the Rental Equipment. Upon Ooma’s request, you will execute and deliver to Ooma any documents or forms for protecting Ooma’s ownership and interest in the Rental Equipment.
  5. Rental Equipment Usage. You will ensure that: (a) each item of Rental Equipment will only be used in a careful and proper manner and in accordance with the written instructions provided with it by Ooma, as may be updated by Ooma or the manufacturer of the Rental Equipment from time to time; (b) each item of Rental Equipment will not be defaced or modified, or used or operated in any manner or for any purpose in violation of its intended purpose or any applicable law or regulation; (c) each item of Rental Equipment must remain within the United States or Canada and may not be exported or re-exported to any country in violation of U.S. or Canadian export laws, as applicable; (d) any regulatory or certification markers affixed to an item of Rental Equipment may not be removed, defaced, modified or otherwise obstructed; and (e) each item of Rental Equipment will only be repaired subject to Ooma’s express written authorization and in accordance with Ooma’s instructions and requirements.
  6. Damage and Loss. Upon receipt of each item of Rental Equipment, you will examine it, and unless you notify Ooma within five (5) business days of your receipt of an item of Rental Equipment of any issue, each item of Rental Equipment shall be deemed to be in good working order at the time of receipt. In the event that any Rental Equipment delivered to you is stolen, lost, damaged, or transferred to any third party, regardless of the circumstances or cause, you will immediately notify Ooma in writing and pay Ooma a purchase price equal to: (1) during the first 12 months after you received the Rental Equipment, 100% of the item of Rental Equipment’s then-current Ooma list price shown on Ooma’s website, or (2) after such 12 month period, 80% of such list price. This obligation does not apply to any damage to any item of Rental Equipment that is covered by the manufacturer’s warranty.
  7. Remedies. If you are obligated to return or purchase Rental Equipment, and you have not returned the Rental Equipment or have defaulted in any obligation to pay the purchase price for Rental Equipment, Ooma may, in addition to those remedies available at law, in equity, or as otherwise set forth in this Rental Agreement, take possession of all or any of the Rental Equipment without demand, or legal process, wherever each piece of Rental Equipment may be located, and you hereby waive any and all damages occasioned by that taking of possession.
  8. UCC and Tax Leases; Fixtures. You and Ooma intend that the rental of Equipment constitutes a true lease under the UCC and not a sale of equipment subject to a security interest under Article 9 of the UCC to secure the purchase price of the Rental Equipment. For all Rental Equipment, you agree that Ooma is entitled to all deductions, credits, and other tax benefits that are provided in the Internal Revenue Code of 1986, as amended, to the owner of property. You agree to not take or omit to take any action that results in the disqualification of the Rental Equipment for all or any portion of tax benefits. You agree to not affix or attach any Rental Equipment to real property or any improvements. You intend that each item of Rental Equipment remain at all times personal property and not a fixture under applicable law, even if the item of Rental Equipment may be or becomes attached to real property or any improvements.

  9. General Terms You authorize us to collect any payment owed by you hereunder from your payment method, as provided in the Terms and Conditions. This Rental Agreement, which is subject to and incorporates by reference the Terms and Conditions, constitutes the complete, final, and exclusive embodiment of the entire agreement between you and Ooma regarding the Rental Equipment.

    Ooma may, in its discretion, update or change the terms and conditions of this Rental Agreement, including the Terms and Conditions which are incorporated herein by reference. Rental of Ooma Equipment is offered and available to United States and Canadian residents only.

We use cookies and similar technologies to analyze traffic, enhance your experience and allow our partners to serve tailored advertisements. For more information or to opt out, visit our Privacy Policy.
I agree  Learn more