TERMS & CONDITIONSWelcomeWelcome to GotSpot. We provide services (the "Services") available at our Web site (the "Site") http://www.gotspot.co.uk to you ("you" or "the Client"). By subscribing to our service, you are agreeing to the terms and conditions laid out below.AppointmentWith immediate affect the Client appoints GotSpot to supply and install wireless Internet access ("hotspot") at the premises listed in the application form located at http://www.gotspot.co.uk/the_company.htm (hereinafter referred to as a "specified location") for use by the Client's customers free of charge and also to provide related services, all on the terms and conditions set out in this agreement.GotSpot's servicesGotSpot agrees to provide the following services ("Services") in relation to each specified location:
1. One wireless router with all the relevant software for the provision of the wireless internet access.
2. 8am – 6pm telephone support (excluding weekends and public holidays) 3. Starter Pack of Marketing material comprising:
a. 50 "How to get connected" leaflets
4. In the event the router proves faulty through no fault of the Client, GotSpot will repair or replace it within 48 hours
b. 320 Authentication tokens c. 1 Window sticker d. 1 A3 Poster Note: Additional marketing material can be obtained at an additional cost – for details request a current price list. Client's obligationsThe Client agrees:
1. To install and maintain, at their own cost, an Internet connection to the specified location for use by the GotSpot hotspot router.
2. To obtain any consents and licences required for the installation and use of any goods or services which GotSpot is obliged to supply or make available to the Client under this agreement. 3. To provide reasonable access to the specified locations and any other facilities GotSpot may reasonably require to fulfil its obligations under this agreement. 4. To notify GotSpot by telephone and in writing in the event the Internet connection goes down or is disconnected for more than 24 hours. 5. To maintain the router and any other hardware and software provided by GotSpot and to do everything that can reasonably be expected to keep them in the same condition as they are provided. 6. To return at its expense all hardware and software to GotSpot upon the expiry or termination of this agreement for whatever reason. PaymentThe Client agrees to pay the Charges and any other sums payable under this agreement by credit card or standing order IN ADVANCE of any services provided.Ownership of hardware and softwareAll hardware and software supplied to the Client by GotSpot pursuant to this agreement is provided on a rental basis and will at all times remain the property of GotSpot.Damage to propertyShould the Client be responsible for any damage to any of the hardware supplied by GotSpot, the Client will be liable to pay for the cost of any replacement hardware and all other costs involved with restoring Internet connection.TerminationEither party may immediately terminate this agreement without payment of compensation or other damages caused to the other party solely by such termination, by giving notice in writing to the other party if any one or more of the following events happens:
1. the other party commits a material breach of any of its obligations under this agreement which is incapable of remedy;
2. the other party fails to remedy, where it is capable of remedy (save as to payment) after having been required in writing to remedy or desist from such breach within a period of 30 days; 3. any sum payable under this agreement is not paid within fourteen days of its due date for payment in accordance with this agreement; or 4. the other party has a liquidator, administrator, administrative receiver or receiver appointed over all or any part of its business, undertaking, property or assets. The termination or expiry of this agreement shall be without prejudice to the rights and remedies of either party which may have accrued up to the date of termination. PriceIn consideration of the provision of the Services, the Client will pay GotSpot charges of £29.95 (twenty nine pounds and ninety five pence) per specified location (the "Charges") monthly in advance. Any other sums will be invoiced on or after delivery of the goods or services concerned and shall be paid by the Client within [14 days] of the invoice. All sums payable under this agreement are inclusive of VAT.Exclusion and limitation of liabilityGotSpot does not exclude or limit its liability for death or personal injury caused by its negligence, or for fraudulent misrepresentation.GotSpot shall have no liability in relation to any information accessed through use of any hotspot. GotSpot's aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to £500. GotSpot shall not be liable to the Client for any delay in or failure of the Services due to any occurrence beyond GotSpot's control or for any loss of profit or other economic loss (direct or indirect) or for any indirect, special or consequential loss, damages or costs. Subcontracting, Assignment and Third Party RightsThe Client shall not be entitled to assign, charge, subcontract or transfer this agreement or any part of it without the prior written consent of GotSpot. GotSpot may assign, charge, subcontract or transfer this agreement or any part of it to any person. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement and no person who is not a person to this agreement shall have any right (whether under that Act or otherwise) to enforce any term of this agreement which expressly or by implication confers a benefit on that person.GeneralAny intellectual property rights of whatever nature created by GotSpot during the course of performing the Services shall vest in GotSpot upon their creation. Except as necessary in connection with the use of any hotspot, nothing in this agreement shall be deemed to have given the Client a licence or other right to use any of the intellectual property rights of GotSpot. This contract sets out the entire agreement and understanding between GotSpot and the Client in connection with the provision of the Services and supercedes any previous documentation or understandings. No purported alteration or variation of this agreement shall be effective unless it is in writing and signed by both parties to this agreement. This agreement shall be governed and construed in accordance with English law and any disputes or claims arising out of or in connection with it shall be subject to the exclusive jurisdiction of the English Courts. |
