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Terms and Conditions Data Services

These terms and conditions of sale ("Terms and Conditions") apply to all sales of products and services ("Products") by Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd, its subsidiaries and affiliates (the “Company”) to you (the "Customer").   The parties agree to the following: 

1. INSTALLATION AND SERVICE.


Provision of Services: Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd. shall provide services on its computing and network systems and also provide the installation of necessary equipment (radio, antennas and standard mounting equipment) to Subscriber in exchange for payment of fees and compliance with the terms and conditions of the Agreement. Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd services are defined as the use, by the Subscriber, of computing, telecommunications, and information services provided by Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd. and access to computing, telecommunications, software, and information services provided by other via the Global Internet. (a) You hereby authorize Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd. and/or its authorized contractors to install a transceiver, modem, software, wiring and other equipment (the "Equipment") at your home or business (the "Premises") necessary to provide Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd. service. (b) Any custom installation work that you request, including placing cable under carpet, through cabinets, through interior walls or inside moulding, may require an additional charge (c) Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd. will not be liable for any alterations to the Premises that result from the installation or removal of the Equipment, including, but not limited to, holes in walls, cable wiring or antenna mounting brackets. (d) You warrant that you are at least 18 years of age and that you own the Premises, or have received permission from the owner of the Premises to make any changes to the Premises needed to install the Equipment and receive the Services. Additionally, it is your obligation to confirm that the placement of the transceiver on the Premises is not in violation of any restrictive covenants, conditions or home owner's restrictions. (e) You agree to allow Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd. or its subcontractor's access to the Premises to perform installation, repair or maintenance services in support of the Services. (f) Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd. may revise, modify or discontinue any or all aspects of the Services, including but not limited to service and Equipment prices, any applicable tariffs, and any terms of this Agreement. (g) Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd assumes no responsibility or liability for interruption of the Services. 

2. PAYMENT TERMS.


Payment Policies & Terms: Subscriber shall be billed on the first of each month, one month in advance. Payment by Subscriber shall be due to CSD Internet Point Ltd. at the above address within fifteen (15) days from the date of the invoice. Accounts unpaid at the due date shall be deemed delinquent. Delinquent accounts shall be placed on “accounting hold” and services to the subscriber shall be suspended until the account is paid in full. For any Subscriber account that has been placed on suspended service there shall be due a Five Pounds (£5.) reconnection charge to reactivate Subscriber's services. (a) Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd will provide the Services to you subject to this Agreement, and you agree to pay for the Services when due by Paypal using a valid credit card or automatic direct debit from a valid bank account. (b) You authorize Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd. to perform a credit check prior to providing the Equipment or the Services. (c) If you fail to pay all valid charges for the Services when due, Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd may charge you interest on those charges. (d) If you fail to pay any amounts owing to Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd within 2 days, Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd will have the absolute right to disconnect the Services without notice. Upon disconnect, you agree to immediately pay all amounts owing to Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd.

3. TERM AND TERMINATION; TERMINATION FEE.


Account Termination: Subscriber may terminate this Agreement by submitting a written request for termination (email, fax or UK Mail) to Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd at the address listed above. Any request received by Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd less than 5 days from the end of the month shall have a termination date of the first day of the second month following the date of receipt. Termination requests received more than five days prior to the end of the month shall be terminated on the first day of the next month following the request. Any Agreement terminated under this provision shall not be subject to a termination fee. Account not paid within two (2) days of termination shall be deemed delinquent. (a) This Agreement will have a Term as designated on the Work Order, not to be less than a (90) day period. (b) At the end of the initial Term, this Agreement will automatically renew for successive three-month periods unless you advise Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd in writing via fax, Royal Mail or electronic email that you wish to terminate the Services. (c) If you terminate this Agreement before the end of the Term, you agree to pay Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd a termination fee of £90 (the "Termination Fee") divided by the number of months in the Term multiplied by the number of months remaining in the Term at the time of termination. (d) Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd has no obligation to remove the Equipment if you terminate the Services. However, you agree to allow Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd to remove any and all equipment owned by Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd within five (5) days of termination date. Subscriber agrees to pay full replacement costs of any equipment that Provider is unable to remove from premises within (5) days of termination date. If Subscriber fails to pay the Termination Fee, Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd may, but is not required to, remove and resell or reuse the Equipment sold to Subscriber for services. (e) If you move out of the Premises, Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd may terminate this Agreement and disconnect the Services and you will be liable for the Termination Fee.

4. LIMITED WARRANTY, SERVICE AND REPAIRS.


Equipment & Scope of Work: All equipment (radios, antennas, cables & mounting equipment) will at all times remain the property of Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd. Subscriber may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. Subscriber shall pay for the full retail cost of or the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, or assigned equipment together with any costs (a) Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd will provide a limited parts and labour warranty for the Equipment and the installation thereof during the initial Term or for 12 months from the date of installation, whichever is longer. (b) This warranty excludes any damage resulting from abuse or negligence, or Acts of God, as determined solely by Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd. (c) This warranty is in lieu of all other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. (d) If you sell the Equipment, any warranties will automatically and immediately terminate. (e) Any repair or replacement of the Equipment and/or correction of an installation problem following the expiration of this Agreement will be your responsibility. (f) If Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd damage the Premises during the Services' installation or maintenance, Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd will compensate the owner of the Premises for reasonable, actual and documented costs of necessary repair, not to exceed £200.

5. INTERNET ACCESS.

Use of Material: All content downloaded or uploaded using Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd's system shall remain the sole responsibility of the Subscriber. The Subscriber assumes all risks associated with material, including but not limited to, copyright restrictions, trademark restrictions, service mark restrictions, confidentiality limitations, trade secrets, patent restrictions or any other intellectual property tangible or intangible rights associated with the material. Abuse of Services: Any use of the Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd system that disrupts the normal use of the system for other Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd Subscribers is considered to be abuse of services. The propagation of computer worms or viruses or the use of the network to make unauthorized entry to other computational, information, or communication devices or resources of others is a violation of this agreement. The use of Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd's services by Subscriber to modify, alter, reverse engineer, decompose disk, or disassemble any proprietary work in whatever form is a violation of this Agreement. Any Subscriber modifying the original installed equipment configuration (cables, device configurations, antenna mounts, etc.) will be in violation of this Agreement. Any Subscriber deemed by Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd to be in violation of this section is subject to immediate termination by Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd. Termination under this section shall have no liability whatsoever including direct, indirect, incidental or consequential damages. Subscriber will not receive a refund for any unearned prepaid service fees if terminated under this section (a) you access the materials on the Internet at your own risk. (b) Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd may deny you access to all or part of the Services without notice if you breach this Agreement, including but not limited to, Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd's Acceptable Use Policy. (c) You agree to comply with any bandwidth usage or other limitations on the Services set by Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd in its sole discretion. If Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd determines that you are exceeding bandwidth limits; you will be notified by mail and given 15 days to bring your usage within appropriate limits. If excessive use continues after the 15-day period, Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd. may take any action it deems necessary, including, but not limited to, terminating the Services, to ensure that your usage does not adversely affect Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd's ability to provide the Services to other customers. Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd will notify you of any such action via mail or email. (d) Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd will assign to you a Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd-owned Internet Protocol address ("IP Address") which is the exclusive property of Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd and is not portable. Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd may change the IP Address at any time without liability and without prior notice to you. Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd will use reasonable efforts to avoid any disruption to you by notifying you via email before changing your IP Address. (e) Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd's network gathers information about Internet usage such as session lengths, bit rates, and number bytes passed. Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd use this information in the aggregate. Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd never share this aggregated information with other parties. Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd collects and uses personally identifiable information obtained from you and from other sources for billing purposes, to provide and change service, to anticipate and resolve problems with your service, or to identify, create and inform you of products and services that better meet your needs. Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd will not use or disclose any personally identifiable information regarding Internet usage unless compelled by a court order or subpoena; you consent to the use or disclosure, or to protect Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd's broadband services and facilities.

6. IMITATION OF LIABILITY.


Indemnification/Release: Subscriber, its agents, successors and or assignees expressly agrees to indemnify and release Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd, its affiliates, subcontractors, employees, agents, assignees, or successors from any liability or for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to Subscriber's installation of, use of, or termination of Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd's services hereunder including but not limited to Subscriber's access to content uploaded or downloaded using Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd's services from any source or to any recipient. Subscriber further releases Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd from any responsibility for liability related to the accuracy, quality, or confidentiality any information available by or through Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd's information systems or network. Subscriber's release of Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd includes any action or inaction by Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd which amount to negligence. Subscriber further agrees to indemnify and hold harmless Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd from and against any and all claims, actions causes of action, losses or damages including lawyer's fees which in any way arise from Subscriber's installation of, use of, or termination of Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Lid's services herein. (a) NEITHER WIRELESS HOTSPOT ZONE, CSD WIRELESS HOTSPOT AND CSD INTERNET POINT LTD NOR ITS SUBCONTRACTORS WILL BE LIABLE FOR ANY LOSS OF DATA OR DAMAGE TO HARDWARE THAT OCCURS DURING INSTALLATION OF OR ANY SERVICE PERFORMED ON YOUR COMPUTER IN SUPPORT OF Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO COMPLETELY BACKUP YOUR COMPUTER PRIOR TO INSTALLATION. YOU FURTHER AGREE THAT WIRELESS HOTSPOT ZONE, CSD WIRELESS HOTSPOT AND CSD INTERNET POINT LTD AND/OR ITS SUBCONTRACTORS ARE NOT RESPONSIBLE FOR ANY PROBLEMS WITH YOUR COMPUTER FOLLOWING THE INSTALLATION OF OR ANY SUBSEQUENT SERVICE PERFORMED ON YOUR COMPUTER IN SUPPORT OF WIRELESS HOTSPOT ZONE, CSD WIRELESS HOTSPOT AND CSD INTERNET POINT LTD . (b) YOUR EXCLUSIVE REMEDY FOR ANY AND ALL LOSSES RESULTING FROM THE INSTALLATION OF EQUIPMENT AND YOUR USE OF THE SERVICES, INCLUDING WIRELESS HOTSPOT ZONE, CSD WIRELESS HOTSPOT AND CSD INTERNET POINT LTD'S OR ITS SUBCONTRACTOR'S NEGLIGENCE, WILL BE LIMITED TO FEES PAID TO WIRELESS HOTSPOT ZONE, CSD WIRELESS HOTSPOT AND CSD INTERNET POINT LTD UP TO THE TIME THE DAMAGE IS DISCOVERED. (c) THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER WIRELESS HOTSPOT ZONE, CSD WIRELESS HOTSPOT AND CSD INTERNET POINT LTD NOR ITS AFFILIATES WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. (d) WIRELESS HOTSPOT ZONE, CSD WIRELESS HOTSPOT AND CSD INTERNET POINT LTD, ITS AFFILIATES AND ITS SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING PERSONAL INJURIES, PROPERTY DAMAGE OR LOSS OF BUSINESS, THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF OFFERS, CLAIMS, REPRESENTATIONS, PROMOTIONS AND TRANSACTIONS, INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE INTERNET OR THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSION OR ANY FAILURE OF PERFORMANCE. (e) You agree to indemnify, defend and hold Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd, its affiliates and subcontractors harmless from any claims made by third parties arising out of the use of the Equipment and/or the Services by you or an authorized user of your account, including the placement or transmission of any message, information, software or other materials on the Internet. (f) These limitations on liability and indemnification provisions inure to the benefit of and apply to: (g) Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd's parent, subsidiary and affiliated companies; (2) any successor to Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd's business by way of merger, purchase of assets, or operation of law; and (3) any subcontractor performing work on behalf of Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd. Disclaimer: Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd assumes no responsibility for the content contained on the Internet or otherwise available through the Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd network or from any source accessible via Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd services. Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd which may be offensive to some individuals, which may not be in compliance with local UK laws, rules or regulations, including but not limited to pornographic, or otherwise inappropriate or sexually explicit or offensive content. Subscriber acknowledges to Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd that its use of Wireless Hotspot Zone, CSD Wireless Hotspot and CSD Internet Point Ltd's services to access information, content or other services is at its own risk. Governing Law and Venue: the laws of the United Kingdom shall govern the terms of the Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be London Courts.

 

Copyright 2002 - 2008 CSD Internet Point Ltd. All rights reserved.

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