"We", "Us" & "Our" refers to HTL WiFi Ltd of 40 Beaufort Court, London E14 9XL. "You" & "Your" is the company purchasing the Services. Under this Agreement We provide a WiFi Network (the "WiFi Foundation") and the WiFi equipment (the “Hotspots”). The relationship entered into between You and Us is governed by these following terms, which shall apply during, and where necessary after, the period of the commercial relationship between You and Us.
1. Server Hardware
1.1. We provide all server and network infrastructure for WiFi Foundation. You will have no right of access to the WiFi Foundation network or databases.
1.2. We shall have no liability for any loss or damage to any data stored on the Server.
1.3 We will take all reasonable effort to endeavour at all times to keep the WiFi Foundation network operational, but there is no guaranteed uptime whatsoever.
2. Hotspot Hardware
2.1 We sell You at a Hotspot at a fixed fee as advertised on our website. You are the owner of the HotSpot.
2.2 We will deliver to you the HotSpot at the rates advertised on our Website. If you are not available to receive the delivery, no refund is available and you will be charged again for each subsequent delivery attempt.
2.3 Installation Instructions are provided, and delivered with each HotSpot. We are not responsible for Your installation of the HotSpot. We will not send engineers to your premises to help you. We may provide telephone support to assist you but this is solely at our discretion and under no means should such support be relied on. If you require assistance we will at your request recommend a 3rd Party who can provide such services.
2.4 Prior to delivery we install customised Firmware on the HotSpot. Altering or erasing this Firmware will result in the HotSpot ceasing to function. This is not covered by any warranty and in this circumstance You will need to buy a replacement HotSpot from Us at the current advertised pricing.
2.5 If you believe that the HotSpot hardware has failed, we will ask you to send at your cost, the broken HotSpot to us. Upon examination, if we confirm hardware failure we will send you a replacement HotSpot as quickly as is possible. If you are not available to receive the delivery, subsequent delivery charges will be charged to You. We will only replace the hardware for the period of the manufacturer’s warranty which is 1 year from the date of purchase. Beyond that time we will not replace broken hardware and you would need to buy a new HotSpot at the current advertised prices.
2.6 The strength of signal for any HotSpot will vary from location to location. We make no warranty as to the strength of these signals and the distance from which you can connect to the HotSpot. If you can connect to the HotSpot from a distance of 1 metre we will deem the hardware to be functioning as described.
2.7 For each Hotspot You are responsible for providing a suitable and operational Internet Connection with the appropriate router or firewall or modem. The HotSpot requires a DHCP Allocated IP address, default gateway and DNS servers. The Hotspots IP address may be Public or Private and can use NAT if required, but it must have full Internet Access. Failure to provide any of these requirements will result in your HotSpot not functioning.
3. Data Retention
3.1 We retain information critical to the legal operation of the system. This includes Username, Email Address, MAC Address, Time, Source IP, and Destination IP. For data protection reasons the data collected is only available to the Police or other relevant Government Authority with the necessary authorisation. This data is kept securely and We will not divulge this data to yourselves or any 3rd Party. Should you receive a request from such an official body, you should contact us immediately. We will provide full assistance to the authorities at no charge to You.
4. Privacy and Electronic Communications Regulations
4.1 You hereby warrant that the email addresses gathered by the WiFi Foundation system will be used in compliance with the Privacy and Electronic Communications Regulations. Specifically You will ensure that you only use the email addresses for your own marketing purposes, that you will not divulge the email addresses to any third party, and that you will unsubscribe users from your mail address immediately upon their request.
5.1. All payments will be made online via the Google Checkout system on our website: www.wififoundation.org . All payments are made in advance prior to equipment being sent.
6.1. If your hotspot has not been active for a period of 3 months it will be removed from the WiFiFoundation Network.
6.2. We reserve the right to suspend the Services and/or terminate this Agreement at any time.
7. Limitation Of Liability
7.1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under UK law.
7.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
7.3. Our total aggregate liability to You for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by You in respect of the Services which are the subject of any such claim.
7.4. In any event no claim shall be brought unless You have notified Us of the claim within one month of it arising.
7.5. In no event shall We be liable to You for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
8. Force Majeure
8.1. We shall have no liability to You in respect of anything which, apart from this provision, may constitute a breach of this Agreement arising by reason of force majeure which means, circumstances beyond our reasonable control including acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, unauthorised use or access to the IT systems, explosion, flood, epidemic, strikes and other industrial disputes (in each case, whether or not relating to Our workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions.
9.1. Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error-free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
10.1. Any forbearance or failure by Us to enforce a contractual provision to which You are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by Us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.
11.1. This Agreement shall be governed by and construed in accordance with English law and You hereby submit to the exclusive jurisdiction of the English courts.
12.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
13. Entire Agreement
13.1. These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between Us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between Us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, You confirm that You have not relied on any representation other than those expressly stated in these terms and conditions and You agree that You shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.