“Activation” occurs when the relevant Service is available for use by the Customer.
“Agreement” means these terms and conditions together with the Order.
“Social Spot WiFi” shall mean Social Spot WiFi, a subsidiary of Mark My Words Media, Inc, a company incorporated in the United States, whose registered office is at 10228 Paradise Blvd, Treasure Island, FL 33706.
“Customer” shall mean any Customer of Social Spot WiFi in respect of the Service.
“Initial Period” shall mean the initial billing period as stated on the Customer’s Order.
“Notice” is the amount of notice you have to provide to terminate the service and is 30 days for all services.
“Order” shall mean any request by the Customer to provide the Service.
“Recurring Charges” means those amounts payable by the Customer to Social Spot WiFi on a recurring basis for the Service as set out in the Order.
“Service” shall mean the services or products offered by Social Spot WiFi and specified in the Order.
“Website” shall mean the website at http://www.socialspotwifi.com
1 Customer Order
1.1 These terms and conditions apply to the Customer’s Order for the service.
1.2 Social Spot WiFi reserves the right not to accept an Order at its discretion.
1.3 Services are provided in accordance with each Order.
1.4 Orders must not be considered as received or accepted by Social Spot WiFi unless the Customer has received acknowledgement by telephone or email from Social Spot WiFi.
2 Service Activation
2.1 Social Spot WiFi will send confirmation by email to the Customer when the Order is accepted.
2.2 If the Service cannot be activated Social Spot WiFi will notify the Customer as soon as possible and the order will be cancelled.
3 Service Provision
3.1 Changes may be made to the technical specification of the Service from time to time; if these changes will detrimentally affect the Service, Social Spot WiFi will inform the Customer in advance.
4 Commencement and Term
4.1 Following Activation, the Service will be provided until the agreement is cancelled, either by the customer or by Social Spot WiFi.
4.2 Cancellation requires thirty days notice.
4.2.1 Any notification of termination by the Customer must given in writing to Social Spot WiFi and be authorized by the contact on the order or a staff member with suitable authority and must specify the Service and the date on which Service is to be terminated.
4.2.2 Termination notification by Social Spot WiFi to the Customer will be made by email to the contact stated on the Order.
4.2.3 The Customer must inform Social Spot WiFi if the contact information needs updating.
4.2.4 The Customer must return the hardware provided to them by Social Spot WiFi within 30 days of cancellation, or will be charged a fee of $250.
5.1 The Customer must use the equipment supplied by Social Spot WiFi to enable the service to function effectively and agrees not to tamper with or dismantle the equipment or related software in any way.
5.2 The Customer agrees not to install or use, or let any third party install or use, any device on your network with the intention of monitoring or intercepting data passing into or out of the Social Spot WiFi hardware.
5.3 If the Customer cancels the service, the Customer agrees to return promptly to Social Spot WiFi all equipment provided by Social Spot WiFi for the Service including but not limited to the router.
5.4 Where appropriate Social Spot WiFi will work with Network Operators to enhance the mobile signal reach with signal boosting equipment
6 Use of Service
6.1 The Customer is responsible for information or material which is transmitted or accessed via the Service. Social Spot WiFi is not responsible for information or material which is transmitted or accessed via the Service with the exception of the data accessible via the Social Spot WiFi management portal.
6.2 The management portal allows Customer to access data collected on the end users of the Service (ie on the end users who access the WiFi Service at the Customer’s venue). This data is only accessible by the Customer and will not be used by Social Spot WiFi in a form which identifies any end user; Social Spot WiFi may use this information to provide general customer (this will not identify individual customers) analytics and trends to selected third parties.
6.3 The Customer agrees to use any customer data provided by Social Spot WiFi in accordance with all quidelines and regulations covering the use of customer data including but not limited to the Data Protection Act and direct marketing guidelines.
6.4 The Customer shall not use the Service or allow others to use the service in connection with the carrying out of any fraudulent, criminal or any other illegal activity, to send, knowingly receive, upload, download or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing or in breach of copyright, confidence, privacy or any other rights, to cause annoyance or needless anxiety, to send or provide or, knowingly receive responses to, any spam or unsolicited advertising or promotional material, to knowingly or recklessly transmit any electronic material (including viruses) which shall cause or is likely to cause detriment or harm in any degree to computer systems owned by Social Spot WiFi or other Internet users in a manner which restricts or inhibits any other user from using or enjoying Social Spot WiFi’s products or services.
6.5 Social Spot WiFi does not monitor or control any of the material that is transmitted or accessed via the Service (apart from the data appearing in the Social Spot WiFi customer portal). The Customer should ensure that any person using the service is familiar with and accepts the content of these terms.
7 Service Suspension and Alteration
7.1 Social Spot WiFi may suspend the provision of the Services or any part thereof, with no liability to the Customer for any loss or damages the Customer suffers as a consequence of such suspension, if and to the extent that Social Spot WiFi has reasonable grounds to believe that the Services are being used in breach of Clause 6, or temporarily, for operational or technical reasons or the Customer does not pay Social Spot WiFi’s invoices when due. Social Spot WiFi shall give the Customer as much notice of a suspension as is reasonably practicable in these circumstances.
7.2 Social Spot WiFi shall be entitled to terminate or modify the Service, without any liability whatsoever, if any licence or authorization which Social Spot WiFi requires in order to provide the Service is not obtained, withdrawn or otherwise cancelled; in the event of a modification that is detrimental to the Service the Customer shall have the right to terminate this Agreement by giving Notice in writing in accordance with Clause 4.
8 Charges and Credit Terms
8.1 Social Spot WiFi accepts payment by most debit cards and credit cards.
8.2 On acceptance of the order Social Spot WiFi shall invoice the Customer for the set up charges and the Initial Period of the services.
8.2.1 The Customer agrees that thereafter, the Recurring Charges for the Services shall accrue and Social Spot WiFi will charge the Customer monthly in advance.
8.2.2 All amounts due under this Agreement to be paid by the Customer to Social Spot WiFi shall be paid in full (without deduction or withholding except as required by law) and the Customer shall not be entitled to assert any credit, set-off or counterclaim against Social Spot WiFi in order to justify withholding payment of any such amount in whole or in part;
8.3 Where the Customer disputes any amount due under an invoice the Customer shall notify Social Spot WiFi in writing within 7 working days of receiving the invoice. The parties hereby agree to act in good faith and use reasonable endeavours to resolve the disputed sum within 14 days of notification of the dispute by the Customer. Social Spot WiFi reserves the right to suspend the Service if the dispute is not resolved within the 14 day time period. Notwithstanding any other provision of this Agreement, Social Spot WiFi shall have no liability to the Customer for any loss or damages the Customer suffers as a consequence of such suspension.
9.1 Social Spot WiFi may terminate this Agreement by notice; such notice to take effect forthwith if the Customer has not paid following suspension under clause 8, the Customer has committed a material breach of this Agreement, the Customer fails to pay its debts when they become due or any meeting is convened for the purpose of considering a resolution, or any petition is presented or any other steps taken, for the purpose of making an administration order against the Customer, or for the Customer’s winding-up or dissolution, or any similar action or steps are taken in relation to the Customer and such action or steps are not withdrawn within 30 days; or any administrator, administrative or other receiver or trustee or similar officer is appointed over the Customer or any steps are taken to do the same to the Customer.
9.2 The termination or expiry of this Agreement shall be without prejudice to the rights and liabilities of either of Social Spot WiFi or the Customer accruing up to such date.
10 Service Technology
10.1 The Social Spot WiFi service requires an active, working broadband connection at all times. The provision of a working broadband connection at the venue is the sole responsibility of the Customer.
11 Data Protection
11.1 Social Spot WiFi shall be entitled to store and process personal data provided on the Order form for its internal use and for the purposes of providing the Service. The Customer has the right to request a copy of information relating to the Customer that is held by Social Spot WiFi, by written request to Social Spot WiFi and the Customer may change appropriate personal information relevant to them held by Social Spot WiFi at any time, by advising Social Spot WiFi in writing.
11.2 From time to time Social Spot WiFi or other companies within the Social Spot Group may contact the Customer about similar products and services which we believe may be of interest to Customer. If the Customer does not wish Social Spot WiFi to contact them, it is their responsibility to inform Social Spot WiFi.
12.1 Social Spot WiFi gives no warranty and makes no representation in respect of the Services including, without limitation, the availability of such Services save as specified in the Terms and Conditions and hereby excludes, to the fullest extent permitted by law, all conditions, warranties, terms, undertakings and representations, express or implied, whether by statute, common law or otherwise in relation to such Services.
12.2 Social Spot WiFi shall not be liable to the Customer whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the appointment of the Customer and/or the use of the Services for loss of revenue, loss of anticipated savings, loss of business and/or goods, loss of goodwill, loss of use, loss and/or corruption of data and/or other information, downtime and any damage relating to the procurement by the Customer or third party Customer of any substitute services.
12.3 For the avoidance of doubt, neither the types of loss and/or damage specified in clauses 12.1 or 12.2 inclusive nor any similar types of loss and/or damage shall constitute direct loss for the purposes of this Agreement.
12.4 When end users connect to the internet through the Service they will visit a “splash page” which contains access information and may contain information about the Customer. Social Spot Wifi is not responsible for any content contained on the “splash page”. The Customer confirms that it owns or is authorised to use all materials appearing on the “splash page” and that it gives permission for Social Spot WiFi to use such material in the creation of the “splash page” and in any other way necessary to deliver the Service.
12.5 Nothing in this Agreement shall exclude or restrict the liability of either party for fraudulent misrepresentation and/or for death or personal injury arising as a result of the negligence of that party, its officers, employees, agents and/or sub-contractors.
13 Force Majeure
No failure or omission by Social Spot WiFi to carry out or observe any of the terms and conditions of this Agreement shall give rise to any claim against Social Spot WiFi or be deemed a breach of this Agreement if such failure or omission arises from a cause of force majeure or any other cause beyond the reasonable control of Social Spot WiFi.
14.1 No waiver by either party of any provisions of this Agreement shall be binding unless made expressly and confirmed in writing. Any such waiver shall not apply to any subsequent or other matter, non-compliance or breach.
14.2 This Agreement represents the entire understanding between the parties in relation to the matters dealt with herein and supersedes all previous covenants and representations made by either party, whether oral or written. This Agreement may only be modified if such modification is in writing and signed by a duly authorised representative of each party hereto.
This Agreement shall be governed by and construed exclusively in accordance with the laws of the State of Florida, United States, and the parties hereby submit to the exclusive jurisdiction of the Florida State courts.