Terms and Conditions
Please read the following Terms and Conditions carefully before using the Internet Connectivity Services (the ‘Services’)provided by Wifinity Limited as it is legally binding on any user of theServices.
By purchasing a subscription or using the Wifinity Service you agree to be bound by these Terms and Conditions. Please feel free to contact us by telephone on UK + 44 208 090 1290 or by email at firstname.lastname@example.org
Terms and Conditions
These Terms and Conditions apply to the supply of Services by Wifinity Limited (‘Wifinity’) to the user of Services (‘Customer’). Customer agrees to abide by these Terms and Conditions and any variation posted on the Wifinity website.
- Our Acceptable Use Policy [Page 5], which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
- Our Fair Use Policy [Page5], which sets out the conditions for use of upload and download data volumes shared with other customers.
Wifinity undertakes to provide the Services to Customer during the period of a valid subscription or free access period. Wifinity accepts no liability for the non-availability of individual Internet websites or other services provided by third parties.
Our recurring subscriptions renew every 28 days / 4 weeks, (Not to be mistaken with a fixed term subscription), therefore, payments won’t be taken out on the exact same date of each month, hence we use Continuous Payment Authority (CPA).
A Continuous Payment Authority (CPA) is an authorisation given by a Customer to take payments for recurring subscriptions by credit or debit card. By entering the card details of your choice, you authorise us to charge you at the end of every period until we receive instructions to cancel the subscription. (Other names for CPA include “recurring transactions”, “continuous card payments”,” recurring payments”, “continuous authority transactions” or “guaranteed payments”.)
Our non-recurring subscriptions will not renew automatically. Non-recurring subscriptions will expire at the end of the period.
Fixed Term (minimum term) Subscriptions
Where Customer has chosen a fixed term subscription for a predefined period number of months, Wifinity will take payment from the Customer each month on the same date or every 4 weeks from when the subscription was started until the end of the fixed term. At the end of the minimum term, the contract will automatically switch to a 4 weekly recurring package on the same product and rate as the fixed term was on. If a Customer decides to terminate after the minimum contract period, the Customer will need to contact us to cancel the subscription.
Customers on a fixed Term (minimum term) subscription may have the ability to pause their subscription during “off-season” periods only. “Offseason” periods are dates where a customer is unable to use the service because the site is closed or the customer is posted abroad in the case of MOD subscribers. Where a subscription has been paused by Wifinity, the subscription will automatically resume if the Customer visits the site and connects to the network. If not, the subscription will automatically resume on the location’s official season open date. This does not apply to Customers on locations that are open all year or for non-fixed minimum term recurring subscriptions.
Wifinity’s obligations will commence when Wifinity receives payment for a subscription or a free access period starts and Customer is given access to the Services. It will terminate when the subscription purchased by Customer lapses or earlier if termination occurs or when the free access period ends.
The contact methods for Customers to contact Wifinity are by telephone on UK + 44 208 090 1290or Germany +49 69 2222 8918or by email email@example.com.
Access to theServices
Upon registration, the Customer will receive a username and password which will provide access to theServices. Usernames and passwords are Wifinity’s property and may be changed by Wifinity at any time without notice. The Customer will be informed of any changes as appropriate.
Under no circumstances will Wifinity use any personal data identifying the Customer outside of its own business operation in order to provide the Internet Connectivity Services.
In order to receive paid Services, Customer will:
- Pay for Service in advance by purchasing and registering a pre-pay voucher or by completed payment online using a debit or credit card. No access to the Service will be provided if a payment is not completed.
- Undertake not to resell or share Services with others.
- Provide Wifinity with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information
- Communicate to Wifinity by email any change to the information in (iii) within 30 days of the change.
In the case of the paid service, as part of the registration process Customer will select a username and password for access to the Service and to the Customer Portal. Customer agrees to hold these details securely and not to share them with any other person. Wifinity accepts no liability for any loss occurring resulting from the sharing of login details.
Coverage and Pricing
Wifinity reserves the right to change prices and availability of Service at any time.
All charges made by Wifinity are considered valid unless disputed by Customer in writing within 30 days of the billing date. For daily and 28 Day/4 weekly Services, the applicable charge is billed once. In the case of 28 Day/4 weekly services a renewal charge is automatically made at the end of each subscription period until cancelled by the subscriber. Wifinity is not responsible for any charges or expenses levied by third parties (e.g., for, exceeding credit card limits, unplanned overdraft charges, etc.) resulting from charges billed by Wifinity.
Unpaid Wifinity accounts may be suspended or cancelled at Wifinity’s sole discretion. Charges will continue to accrue until the Wifinity account is cancelled and collection of all outstanding amounts has been completed. Late payment and administration fees may be added.
Quality of Service
Wifinity will provide you with the quality of service generally provided by a competent telecommunications service provider exercising reasonable care and skill. Wifinity will endeavour to make the service available at all times and fault free, but this cannot be guaranteed.
Speed of Connection
The actual throughput speed that a Customer receives using a Wifinity subscription may be lower than the estimated speed given to them before the purchase and the headline “up to” speeds featured in our advertising. This is because it’s impossible to accurately predict the actual speed before the Service is actually connected.
Customer’s actual speeds will be influenced by a large number of factors including, for example, the proximity to wireless equipment, the construction materials of the building they are in, and wireless interference and network congestion, so we cannot guarantee that a Customer’s connection will reach any specific speeds.
Unless explicitly specified, speeds described in form of communication from Wifinity will be assigned on a per account basis and not per device.
Fair Use Policy
The Services are provided subject to the Wifinity Fair Use Policy defined below:
If the volume of data downloaded or uploaded by a Customer is considered by Wifinity to unfairly affect other Customers’ use of the service that Customer will be deemed to have breached the Fair Usage Policy. Wifinity may:
- Actively manage the bandwidth available to that Customer.
- Terminate the Customer’s subscription
Acceptable Use Policy
The Services are provided subject to the Wifinity Acceptable Use policy defined below:
Customer agrees not to use the Services to:
- Transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, defamatory, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
- Transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Transmit any material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Resell the Services without Wifinity’s permission given in writing;
- Use the Services for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.
- Not to provide his username and password to any third party and only use it for his/her own benefit.
Under normal circumstance, Wifinity does not actively monitor the use of the Services for compliance with this Acceptable Use Policy. Nor does Wifinity exercise editorial control or review over the content of any website, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services.
Wifinity may take any one or more of the following actions or other actions not listed at Wifinity’s sole discretion in response to a violation of the Acceptable Use Policy:
- Remove, block, filter, or restrict by any other means any materials
- Issue warnings, written or oral;
- Suspend the customer’s Wifinity subscription;
- Terminate the customer’s Wifinity subscription;
- Bill the customer or user for administrative costs;
- Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations;
- Report Customer’s activity to Military, Police or other Authorities.
Services are provided by Wifinity on an “as is” and “as available” basis. Wifinity offers no expressed implied or statutory warranties. Customer agrees that no warranties are given including but not limited to the following:
- That the services will be uninterrupted, error-free, or free of viruses or other harmful components.
- For security, privacy and confidentiality risks inherent in wireless communications and technology.
- For advice given by Wifinity or its representatives or employees.
Limitation of Liability
Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Wifinity’s cumulative liability to any Customer for any and all claims for loss and consequential loss relating to use of the Service and/or licensed programs will not exceed the total amount of service fees paid by that Customer to Wifinity during one year preceding the claim.
The following types of loss are wholly excluded from Wifinity’s liability:
(a) Loss of profits
(b) Loss of sales or business.
(c) Loss of agreements or contracts.
(d) Loss of anticipated savings.
(e) Loss of use or corruption of software, data or information.
(f) Loss of or damage to goodwill.
(g) Indirect or consequential loss.
(h) Negligence by Wifinity or its employees
Events outside of our control
- We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these terms that are caused by an event outside our control.
- An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, lines or other equipment.
- Refunds cannot be issued for loss of service due to events outside our control.
In the event that Customer has experienced a total loss of service due to a network outage not specific to the personal equipment of the Customer, for a period of not less than 20% of the time covered by a payment period (a day, week or 4 weekly), Wifinity will refund the full amount of the subscription for the period covered by the payment, providing the customer has contacted Wifinity to report the problem. In the case of all other matters, refunds are only given at our discretion and depending upon the Customer’s specific circumstances.
Customer on a non-fixed term (minimum term) package may terminate a Wifinity subscription at any time and for any reason. Notice may be provided by email to Wifinity Customer Care – firstname.lastname@example.org. Termination will be complete upon receipt by Customer of emailed confirmation of cancellation from Wifinity.
Wifinity may terminate Services for any reason if Wifinity in its sole discretion believes Customer has violated these Terms and Conditions or any of the policies applicable to Customer or if Customer fails to pay any charges when due. Wifinity may provide notice of Termination to Customer by email to the address Customer provided when subscribing to Service. All notices to Customer will be deemed effective immediately. Refunds are only given at our discretion and depending upon the Customer’s specific circumstances.
Terminating a Fixed Term (minimum term) during the “Cooling Off” Period
When subscribing to a Fixed Term Subscription Customers may terminate their subscription within 14 days of the date of the purchase of the subscription using the approved contact methods. There is no penalty for terminating during the “Cooling Off” period.
Terminating a Fixed Term (minimum term) Subscription after the “Cooling Off” period
Customers may terminate a Fixed Term Subscription after the end of the “Cooling Off” period and before the end of the minimum term:
- If Customer has experienced a loss of service or has not been able to connect to the Internet as a result of a general network failure not specific to the personal equipment of the Customer, for a period of not less than 20% of the time covered by a payment period (a day, week or month), and;
- That Customer has informed Wifinity by telephone on UK + 44 208 090 1290 or Germany +49 69 2222 8918 or by email at email@example.com of the existence of the loss of service, and;
- 14 days have elapsed since the notification of the fault to allow Wifinity a reasonable time to take steps to address the fault.
If Customer wishes to terminate a Fixed Term Subscription and any of the above conditions do not apply, Customer may terminate by informing Wifinity by telephone on UK + 44 208 090 1290 or by email at firstname.lastname@example.org and making a single payment of 50% of the charges that would have been charged during the duration of the Fixed Term Subscription.
Changes to these Terms and Conditions
These Terms and Conditions constitute the entire agreement between Customer and Wifinity with respect to Customer’s use of the Service. Wifinity may revise, amend, or modify these Terms and Conditions and any other Customer policies at any time and in any manner. Alterations will be posted on the Wifinity website.
Governing Law and Jurisdiction