Terms and Conditions Hardware Purchase
These terms and conditions of sale ("Terms and Conditions") apply to all sales of products and services ("Products") by Wireless Hotspot Zone Ltd, its subsidiaries and affiliates (the “Company”) to you (the "Customer"). The parties agree to the following:
1. Acceptance.
Customer will be deemed to have accepted the Terms and Conditions by sending a purchase order to the Company. The Company's acceptance of Customer's purchase order is conditioned upon Customer's acceptance of the Terms and Conditions. In the event that Customer’s purchase order is deemed to be an offer, the Company’s acknowledgment or performance of the purchase order is conditioned upon Customer's acceptance of the Terms and Conditions and the Customer's acceptance of delivery without objection to the Terms and Conditions constitutes acceptance of the Terms and Conditions.
2. Order and Shipment.
Customer will order Products by sending the Company a complete purchase order, in a form acceptable to the Company. The Company may reject the purchase order for any reason. The Company will not be bound by any terms or conditions set forth in Customer's purchase orders, unless previously agreed to in writing. Unless otherwise agreed in writing, delivery will be made in accordance with the Company’s shipping policy on the date of shipment. All shipments of Products by the Company to Customer will be FOB point of shipment. Insurance coverage, transportation costs and all other expenses applicable to shipment from the Company to Customer's identified delivery place will be the responsibility of Customer. Customer must notify the Company, by calling the Company’s Customer Service Department within seven (5) days after delivery, of any claimed shortages or rejections and the Company must receive a notice in writing from Customer via mail or facsimile within fifteen (10) days of the claim. Failure to give such notice of a claim will be deemed an acceptance in full of any such delivery. Approval of any short shipment claim is in the Company’s sole power and discretion. In the event that the Company grants the short shipment claim, the Company will replace the lost or damaged Product or issue a credit memo, in its sole discretion. In the event that the Company does not approve the claim, Customer will pay the total invoice.
3. Price and Payment.
Prices for Products will be as set forth in the Company's then applicable price list or agreed pricing arrangements, which includes applicable taxes, as defined herein. Shipping costs will be added during the purchase. Payment must be done in full before delivery and all products remains property of Wireless Hotspot Zone Ltd and until full payment is made. All payments will be made in GBP currency.
4. Returns and Warranty Assistance Service.
Customer may return Products purchased from the Company and receive a credit up to the amount invoiced for the Product, subject to the following:
(a) The Product is returned to the Company within (20) days of the invoice date;
(b) The list price of the Product has not decreased since its shipment;
(c) The Product is new and unused;
(d) The Product is in its original package, which has not been damaged or altered; and
(e) The Company determines, in its sole judgement that Customer is not in default of the Terms and Conditions or any other agreement between the parties. Products purchased from the Company that are determined to be defective within twenty (20) days of the invoice date, may be returned to the Company for assistance in processing a manufacturer's warranty, provided that the Product is covered by a manufacturer's warranty and the Company determines, in its sole judgment, that Customer is not in default of the Terms and Conditions or any other agreement between the parties. Upon satisfaction of the foregoing, the Company will issue a return material authorization (“RMA”). All returned Products must be shipped by Customer FOB destination and received by the Company within seven (7) days of the date of issuance of the RMA. Notwithstanding the foregoing, the Company makes no warranty or representations regarding the Products. All other returns of Products are subject to the Company's prior approval and applicable fees.
5. Restocking Fee.
Product returns vary by vendor and may require return directly to the manufacturer under their individual guidelines. A restocking fee of up to 25% will apply.
6. Credit Memos and Refunds.
Credit memos may be available to Customer pursuant to the Company's then applicable policies and programs, which may include, without limitation, Product returns, co-op advertising, rebates and allowances ("Credit Memos"). Customer may apply Credit Memos to their Company account balance. Refunds will be issued, upon request of Customer, only in the event of an overpayment. The Company reserves the right to apply any unused credits, which are 60 days or older to the oldest outstanding invoice on the Customer’s account.
7. DISCLAIMER AND LIMITATION OF LIABILITY.
THE COMPANY MAKES NO WARRANTIES OF ANY KIND WITH REGARD TO THE PRODUCTS. THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY LOSS, DAMAGE OR COST FOR BREACH OF WARRANTY. THE COMPANY WILL NOT, IN ANY EVENT, BE LIABLE FOR ANY LOSS OF REVENUE, PROFIT, USE OF DATA, INTERRUPTION OF BUSINESS OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, OR IN ANY WAY CONNECTED TO THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, OR OTHERWISE. IN NO EVENT WILL THE COMPANY'S LIABILITY TO CUSTOMER EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT THAT IS THE BASIS FOR THE CLAIM.
8. Export Restrictions.
Customer will obtain all licenses, permits and approvals required by any government and will comply with all applicable laws, rules, policies and procedures of the United Kingdom government. Customer will indemnify and hold harmless the Company for any violation or alleged violation by Customer of such laws, rules, policies or procedures.
9. General.
These Terms and Conditions will be construed in accordance with the laws of the United Kingdom other than conflicts of law. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions. The failure of either party to insist upon strict performance of any of the provisions of the Terms and Conditions will not be deemed a waiver of any breach or default. Each of the parties represents that it has the authority to enter into and sign these Terms and Conditions. Any notice given to either party will be in writing and effective by transmission via facsimile and regular mail to the addresses indicated in the Credit Application or as advised in writing by the party. The Company will be entitled to receive all costs, including lawyers fees and costs, incurred as a result of enforcement of any provision hereof or collection of any sum due from Customer. If any provision of these Terms and Conditions are unenforceable as a matter of law, all other provisions will remain in effect. The Company may assign these Terms and Conditions. Customer may not assign these Terms and Conditions without the prior written approval of the Company. The Company will not be liable for any delay or failure in performance whatsoever due to acts of God, earthquakes, shortage of supplies, transportation difficulties, labour disputes, riots, war, fire, epidemics and similar occurrences. These Terms and Conditions constitute the entire agreement between the parties as to the Sale of Products and supersede all prior or current written or oral statements, representations, negotiations, agreements and understandings regarding the Sale of Products. The Terms and Conditions may be amended or modified only in writing, signed by both parties. Acceptance Customer warrants and represents that the information provided as part of this Credit Application is true and correct and acknowledges that the Company will rely on this information in determining financing terms for Customer, if any.
10. Freight & Insurance.
All Shipments are FOB Origin. Please acknowledge your understanding of this policy in the designated area. You may elect to insure the product or you can contact your own insurance company to obtain an umbrella policy to cover you in the event product is damaged in shipment. I understand that we will bear the responsibility and costs associated with all damages and losses.
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 Ltd, and, 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 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 Ltd services are defined as the use, by the Subscriber, of computing, telecommunications, and information services provided by Wireless Hotspot Zone and access to computing, telecommunications, software, and information services provided by Wireless Hotspot Zone.
(a) You hereby authorize Wireless Hotspot Zone 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 service (monthly recurring subscriber only).
(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 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 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 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 Ltd assumes no responsibility or liability for interruption of the Services.
2. PAYMENT TERMS.
Payment Policies & Terms:
Monthly Subscriber shall be billed on the first of each month, one month in advance. Payment by Subscriber shall be due to Wireless Hotspot Zone Ltd at the above address within (2) 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’s 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 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 Standing Order from a valid bank account.
(b) You authorize Wireless Hotspot Zone 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 Ltd may charge you interest on those charges.
(d) If you fail to pay any amounts owing to Wireless Hotspot Zone Ltd within 2 days, Wireless Hotspot Zone 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 Ltd.
(e) Hotspot users will not be billed on monthly basis, as it is a pay and go service.
3. TERM AND TERMINATION; TERMINATION FEE.
Account Termination: Monthly Subscriber may terminate this Agreement by submitting a written request for termination (email, fax or UK Mail) to Wireless Hotspot Zone Ltd at the address listed above. Any request received by Wireless Hotspot Zone 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 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 Ltd a termination fee of £50 (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 Ltd has no obligation to remove the Equipment if you terminate the Services. However, you agree to allow Wireless Hotspot Zone Ltd to remove any and all equipment owned by Wireless Hotspot Zone 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 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 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. 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 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 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 Ltd damages the Premises during the Services' installation or maintenance, Wireless Hotspot Zone, and 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 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 Ltd system that disrupts the normal use of the system for other Wireless Hotspot Zone 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 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 Ltd to be in violation of this section is subject to immediate termination by Wireless Hotspot Zone 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 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 Ltd it's Acceptable Use Policy.
(c) You agree to comply with any bandwidth usage or other limitations on the Services set by Wireless Hotspot Zone Ltd and in its sole discretion. If Wireless Hotspot Zone Ltd determines that you are exceeding bandwidth limits; you will be notified by mail and given 5 days to bring your usage within appropriate limits. If excessive use continues after the 5-day period, Wireless Hotspot Zone 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 Ltd, ability to provide the Services to other customers. Wireless Hotspot Zone and will notify you of any such action via mail or email.
(d) Wireless Hotspot Zone Ltd will assign to you a Wireless Hotspot Zone Ltd - owned dynamic Internet Protocol address ("IP Address") which is the exclusive property of Wireless Hotspot Zone Ltd, and is not portable. Wireless Hotspot Zone Ltd may change the IP Address at any time without liability and without prior notice to you. Wireless Hotspot Zone 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 Ltd network gathers information about Internet usage such as session lengths, bit rates, and number bytes passed. Wireless Hotspot Zone Ltd keeps this information in the aggregate. Wireless Hotspot Zone Ltd never share this aggregated information with other parties. Wireless Hotspot Zone 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 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, and its broadband services and facilities.
6. LIMITATION OF LIABILITY.
Indemnification/Release:
Subscriber, its agents, successors and or assignees expressly agrees to indemnify and release Wireless Hotspot Zone Ltd, and , 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 Ltd, and it’s services hereunder including but not limited to Subscriber’s access to content uploaded or downloaded using Wireless Hotspot Zone Ltd, and it’s services from any source or to any recipient. Subscriber further releases Wireless Hotspot Zone Ltd, and from any responsibility for liability related to the accuracy, quality, or confidentiality any information available by or through Wireless Hotspot Zone Ltd, and its information systems or network. Subscriber’s release of Wireless Hotspot Zone Ltd, and includes any action or inaction by Wireless Hotspot Zone Ltd, and which amount to negligence. Subscriber further agrees to indemnify and hold harmless Wireless Hotspot Zone Ltd, and 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 Ltd, and ’s services herein. (a) NEITHER WIRELESS HOTSPOT ZONE LTD, AND 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 Ltd, and . YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO COMPLETELY BACKUP YOUR COMPUTER PRIOR TO INSTALLATION. YOU FURTHER AGREE THAT WIRELESS HOTSPOT ZONE LTD, AND 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 LTD, AND . (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 LTD, AND 'S OR ITS SUBCONTRACTOR'S NEGLIGENCE, WILL BE LIMITED TO FEES PAID TO WIRELESS HOTSPOT ZONE LTD, AND 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 LTD, AND 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 LTD, AND , 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 Ltd, and, 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 Ltd, and’s parent, subsidiary and affiliated companies; (2) any successor to Wireless Hotspot Zone Ltd, and’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 Ltd.
Disclaimer: Wireless Hotspot Zone Ltd assumes no responsibility for the content contained on the Internet or otherwise available through the Wireless Hotspot Zone Ltd and network or from any source accessible via Wireless Hotspot Zone Ltd, and services. Wireless Hotspot Zone Ltd, and discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by Wireless Hotspot Zone Ltd, and 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 Ltd, and that its use of Wireless Hotspot Zone Ltd, and’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.
Terms and Conditions IT Services
These terms and conditions of sale ("Terms and Conditions") apply to all sales of products and services ("Products") by Wireless Hotspot Zone Ltd, and, its subsidiaries and affiliates (the “Company”) to you (the "Customer"). The parties agree to the following:
1. Acceptance.
Customer will be deemed to have accepted the Terms and Conditions by sending a purchase order to the Company. The Company's acceptance of Customer's purchase order is conditioned upon Customer's acceptance of the Terms and Conditions. In the event that Customer’s purchase order is deemed to be an offer, the Company’s acknowledgement or performance of the purchase order is conditioned upon Customer's acceptance of the Terms and Conditions and the Customer's acceptance of delivery without objection to the Terms and Conditions constitutes acceptance of the Terms and Conditions.
2. Order and Delivery of Products.
Customer will request Services by sending the Company a complete purchase order, in a form acceptable to the Company. The Company may reject the purchase order for any reason. The Company will not be bound by any terms or conditions set forth in Customer's purchase orders, unless previously agreed to in writing.
(a) You hereby authorize Wireless Hotspot Zone Ltd, and and/or it’s authorized contractors to work on Customer equipment (the "Equipment") at your home or business (the "Premises") necessary to provide ordered Products.
(b) Any custom installation work that you request, including placing cable under carpet, through cabinets, through interior walls, through roofs or other seals or inside moulding, may require an additional charge
(c) Wireless Hotspot Zone Ltd, will not be liable for any alterations to the Premises that result from delivery of Products, including, but not limited to, holes in walls, cable wiring or antenna mounting brackets, loss of data or related Customer Equipment failures.
(d) You warrant that you are at least 18 years of age and that you are authorised to order requested Products and have received permission from the owner of the Premises to make any changes to the Premises needed to complete delivery of Product, install the Equipment and receive the Services. Additionally, it is your obligation to confirm that the Product delivered to the Premises is not in violation of any restrictive covenants, conditions or home owner’s restrictions.
(e) The Company may revise, modify or discontinue any or all aspects of the Services or Products, including but not limited to service and Equipment prices, any applicable tariffs, and any terms of this Agreement.
(f) The Company assumes no responsibility or liability for interruption of the Services for any reason whatsoever. Products provided have no Service Level Agreements regarding the quality of service or products provided unless stated in writing as part of the accepted proposal from Company to Customer in writing.
Customer must notify the Company, by calling the Company’s Customer Service Department within five (5) days after delivery, of any claimed shortages or rejections and the Company must receive a notice in writing from Customer via mail or facsimile within ten (10) days of the claim. Failure to give such notice of a claim will be deemed an acceptance in full of any such delivery. Approval of any short delivery claim is in the Company’s sole power and discretion. In the event that the Company grants the short delivery claim, the Company will complete Product delivery or issue a credit memo, in its sole discretion. In the event that the Company does not approve the claim, Customer will pay the total invoice.
3. Price and Payment.
Prices for Products will be as set forth in the Company's then applicable price list or agreed pricing arrangements, which includes applicable taxes, as defined herein, but not shipping costs. All payments must be done in full before delivery, except that COD accounts are due upon delivery. All payments will be made in GBP currency. Customer will pay a late fee of one and one half percent (1.5%) per month on any outstanding balance owed, or the maximum amount permitted under applicable law. The Company reserves the right to withhold any and all services or Products to Customer if payment for any Product is more than five (5) days past the due date on Customer Invoice. The Company may also immediately, upon written notice (email, fax, letter), terminate any and all services to Customer if Customer refuses payment for delivered Products and/or threatens Company or it's employees legally or otherwise. Customer will pay all applicable taxes, duties, licenses, excises and tariffs ("Taxes") levied upon the sale, purchase or delivery of the Products.
4. Credit Memos and Refunds.
Credit memos may be available to Customer pursuant to the Company's then applicable policies and programs, which may include, without limitation, Product returns, co-op advertising, rebates and allowances ("Credit Memos"). Customer may apply Credit Memos to their Company account balance. Refunds will be issued, upon request of Customer, only in the event of an overpayment. The Company reserves the right to apply any unused credits, which are 60 days or older to the oldest outstanding invoice on the Customer’s account.
5. General.
These Terms and Conditions will be construed in accordance with the laws of the United Kingdon other than conflicts of law. CUSTOMER CONSENTS TO THE NON-EXCLUSIVE JURISDICTION OF ANY COURT IN LONDON, REGARDING ANY DISPUTES ARISING OUT OF THESE TERMS AND CONDITIONS. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions. The failure of either party to insist upon strict performance of any of the provisions of the Terms and Conditions will not be deemed a waiver of any breach or default. Each of the parties represents that it has the authority to enter into and sign these Terms and Conditions. Any notice given to either party will be in writing and effective by transmission via facsimile and regular mail to the addresses indicated in the Credit Application or as advised in writing by the party. The Company will be entitled to receive all costs, including lawyers fees and costs, incurred as a result of enforcement of any provision hereof or collection of any sum due from Customer. If any provision of these Terms and Conditions are unenforceable as a matter of law, all other provisions will remain in effect. The Company may assign these Terms and Conditions. Customer may not assign these Terms and Conditions without the prior written approval of the Company. The Company will not be liable for any delay or failure in performance whatsoever due to acts of God, earthquakes, shortage of supplies, transportation difficulties, labour disputes, riots, war, fire, epidemics and similar occurrences. These Terms and Conditions constitute the entire agreement between the parties as to the Sale of Products and supersede all prior or current written or oral statements, representations, negotiations, agreements and understandings regarding the Sale of Products. The Terms and Conditions may be amended or modified only in writing, signed by both parties. Acceptance Customer warrants and represents that the information provided as part of this Credit Application is true and correct and acknowledges that the Company will rely on this information in determining financing terms for Customer, if any.
6. LIMITATION OF LIABILITY.
DISCLAIMER AND LIMITATION OF LIABILITY.
THE COMPANY MAKES NO WARRANTIES OF ANY KIND WITH REGARD TO THE PRODUCTS. THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY LOSS, DAMAGE OR COST FOR BREACH OF WARRANTY. THE COMPANY WILL NOT, IN ANY EVENT, BE LIABLE FOR ANY LOSS OF REVENUE, PROFIT, USE OF DATA, INTERRUPTION OF BUSINESS OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, OR IN ANY WAY CONNECTED TO THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, OR OTHERWISE. IN NO EVENT WILL THE COMPANY'S LIABILITY TO CUSTOMER EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT THAT IS THE BASIS FOR THE CLAIM.
Indemnification/Release: Customer, its agents, successors and or assignees expressly agrees to indemnify and release Wireless Hotspot Zone Ltd, and, 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 Customers purchase of Company's Products or Services. Customer further releases Company from any responsibility for liability related to the accuracy, quality, or confidentiality any information available by or through Wireless Hotspot Zone Ltd, and ’s information systems or network. Customers release of Company includes any action or inaction by Wireless Hotspot Zone Ltd, and which amounts to negligence. Subscriber further agrees to indemnify and hold harmless Company from and against any and all claims, actions causes of action, losses or damages including lawyer's fees which in any way arise from Company's installation of, use of, or termination of Company's services or products herein. (a) NEITHER WIRELESS HOTSPOT ZONE LTD, AND 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 OR NETWORK RELATED TO COMPANY'S DELIVERY OF PRODUCTS OR SERVICES. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO COMPLETELY BACKUP YOUR COMPUTERS PRIOR TO INSTALLATION OR PRODUCT DELIVERY. YOU FURTHER AGREE THAT WIRELESS HOTSPOT ZONE LTD, AND AND/OR ITS SUBCONTRACTORS ARE NOT RESPONSIBLE FOR ANY PROBLEMS WITH YOUR COMPUTERS FOLLOWING THE INSTALLATION OF OR ANY SUBSEQUENT SERVICE PERFORMED ON YOUR COMPUTERS IN SUPPORT OF WIRELESS HOTSPOT ZONE LTD, AND DELIVERED PRODUCTS OR SERVICES. (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 LTD, AND 'S OR ITS SUBCONTRACTOR'S NEGLIGENCE, WILL BE LIMITED TO FEES PAID TO WIRELESS HOTSPOT ZONE LTD, AND 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 LTD, AND 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 LTD, AND , 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 Ltd, and, 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 Ltd, and’s parent, subsidiary and affiliated companies; (2) any successor to Wireless Hotspot Zone Ltd, and’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 Ltd, and. Disclaimer: Wireless Hotspot Zone Ltd, and assumes no responsibility for the content contained on the Internet or otherwise available through the Wireless Hotspot Zone Ltd, and network or from any source accessible via Wireless Hotspot Zone Ltd, and ’s services. Wireless Hotspot Zone Ltd, and discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by Wireless Hotspot Zone Ltd, and which may be offensive to some individuals, which may not be in compliance with local United Kingdom 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 Ltd, and that its use of Wireless Hotspot Zone Ltd, and’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, United Kingdom.
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