Terms & Conditions
Returns PolicyAll Hot Spot Linksys replacement within 7 working days if DOA. If the Hot Spots do not perform to spec a full refund will be given within 7-14 Working days, this does not effect your Statutory rights. All Products have a 3 Year Warranty and are supported byCisco/Linksys. Support number in the UK is 0800 026 1418 Email http://support.linksys.com
1. Conditions
for Wizard Wi-Fi Solutions Ltd Service
1.1. Interpretation
In this Contract:
"Acceptable Use
Policy" means Wizard Wi-Fi Solutions Ltd's policy for the use of the
Service, a copy of which will be provided on request.
"Broadband
Service" means a minimum of 512 Kbps broadband Internet connection.
"Wizard Wi-Fi
Solutions Ltd" means Wizard Wi-Fi Solutions Ltd of 8, Styles Croft,
"Wizard Wi-Fi
Solutions Ltd Employees" includes anyone acting on Wizard Wi-Fi
Solutions Ltd's behalf.
"Wizard Wi-Fi Solutions
Ltd Group Company" means a Wizard Wi-Fi Solutions Ltd subsidiary or
holding company including without limitation a holding company of Wizard Wi-Fi
Solutions Ltd, or a subsidiary of any such holding company, all as defined by
Section 736 of the Companies Act 1985, as amended by the Companies Act 1989.
"Wizard Wi-Fi
Solutions Ltd Network" means Wizard Wi-Fi Solutions Ltd's
communications network used to provide the Service from the Site to the
Internet or, if applicable, the Customer Network.
"Wizard Wi-Fi
Solutions Ltd Web Page" means www.wizardwifisolutions.co.uk or such
other URL as Wizard Wi-Fi Solutions Ltd may from time to time advise.
"Conditions for
Wizard Wi-Fi Solutions Ltd Service" means the conditions for the use
of the Wi-Fi Service to be displayed on each Site.
"Contract"
means in order of precedence these Conditions, the Wizard Wi-Fi Solutions Ltd
Customer Order Form and any other document that the parties agree in writing
will form part of the contract.
"Credit Card"
means a credit or debit card registered in the
"Customer"
means the person named on the Order Form. Wizard Wi-Fi Solutions Ltd may accept
instructions from another person who Wizard Wi-Fi Solutions Ltd reasonably
believes is acting with the Customer's authority or knowledge.
"Customer
Network" means the Customer's communications network including its LAN
and any intranet services.
"Equipment"
means the Wi-Fi Service compatible equipment (including any software and
documentation) supplied by a third party to the Customer and installed by the
Customer at a Site in order for Wizard Wi-Fi Solutions Ltd to provide the Wi-Fi
Service.
"Helpdesk"
means Wizard Wi-Fi Solutions Ltd's customer service helpdesk as notified to the
Customer and Users from time to time.
"Internet"
means the global data network comprising interconnected networks using the
TCP/IP protocol suite.
"IP"
means Internet Protocol.
"LAN"
means local area network.
"Minimum Period"
means the first 12 months of the Service beginning on the Operational Service
Date or any other minimum period specified on the Order Form.
"Operation
Service Date" means the date when the Service is first made available
to the Customer or the date when the Customer first starts to use the Service,
whichever is the earlier.
"Order Form"
means the registration process completed by the Customer on line at www.wizardwifisolutions.co.uk
for the provision of the Wi-Fi Service.
"Rights"
means the rights granted to Wizard Wi-Fi Solutions Ltd by the Customer to
enable Wizard Wi-Fi Solutions Ltd to:
enter a Site to undertake any reasonable market research,
assessment or review of the Wi-Fi Service;
test, if necessary, the Wi-Fi Service from the Customer
premises or a Site; and include the Customer's Site address in any on line and
paper publications detailing sites where the Wi-Fi Service is made available to
Users.
"Roaming"
means minutes use of the Service where access is provided via an alternative
wireless data service and where Wizard Wi-Fi Solutions Ltd has an agreement
with the alternative wireless data service provider for such access. Charges
for Roaming will be charged separately at the prevailing rates.
"Service"
means the service described in the Service Schedule.
"Site"
means each physical location of the radio access points offering the Service,
and means the property owned, leased or occupied by the Customer where the
Customer has installed the Equipment.
"URL"
means a uniform resource locator.
"Users"
means a person who uses or attempts to use the Wi-Fi Service from a Site.
"Vouchers"
means a voucher valid until the expiry date shown on the card (if any) or such
date as Wizard Wi-Fi Solutions Ltd advises to you, providing a login name and
password to use the Service.
"Wi-Fi Service"
means Wizard Wi-Fi Solutions Ltd's public wireless LAN service known as Wizard
Wi-Fi Solutions Ltd which Wizard Wi-Fi Solutions Ltd provides to Users.
"Wi-Fi Service
Commencement Date" means the date when the Order Form is completed by
the Customer.
2. Commencement of this
contract
2.1. The Contract begins on the date the
Customer completes the Order Form. The Contract is for the Minimum Period and
will continue thereafter until terminated by either party in writing to the
other.
3. The WI-FI Service
3.1. Provision of the
Service
3.1.1. Wizard Wi-Fi Solutions Ltd will
provide the Service to the Customer on the terms of this Contract and complete
the Order Form.
3.1.2. Acceptance of the Equipment by the
Customer will take place when the Customer takes delivery or possession of the
Equipment.
3.1.3. If the Customer delays or prevents
the delivery of the Equipment, Wizard Wi-Fi Solutions Ltd may apply reasonable
additional charges for any costs that it incurs. Wizard Wi-Fi Solutions Ltd may
also claim a reasonable extension to any delivery date. If any additional
charges are payable, Wizard Wi-Fi Solutions Ltd will inform the Customer in
writing.
3.1.4. Wizard Wi-Fi Solutions Ltd will use
reasonable endeavours to provide the Service by the date agreed with the
Customer, but all dates are estimates and Wizard Wi-Fi Solutions Ltd has no
liability for any failure to meet any date.
3.1.5. To enable the use of the Wi-Fi
Service, the Customer must provide, without limitation, the following
facilities:
§
a
Broadband Service;
§
cabling
and power supplies;
§
a
standard Ethernet port; and
§
operation
and maintenance of the Equipment.
3.1.6. Wizard Wi-Fi Solutions Ltd will
provide the Service with the reasonable skill and care of a competent
telecommunications service provider. On completion of the Order Form, Wizard
Wi-Fi Solutions Ltd will make available the Wi-Fi Service to the Site to enable
Users to access the Wi-Fi Service. The Customer will provide all reasonable
assistance to Wizard Wi-Fi Solutions Ltd to enable the Wi-Fi Service to operate
using the Equipment and the Customer's facilities.
3.1.7. Wizard Wi-Fi Solutions Ltd will use
reasonable efforts to provide uninterrupted Service but from time to time
faults may occur, which Wizard Wi-Fi Solutions Ltd will repair as soon as
reasonably practicable. The Customer accepts that the Wi-Fi Service is not
fault free. The Customer will report any faults by telephone or email to the
Help Desk. Wizard Wi-Fi Solutions Ltd will have no liability if the Wi-Fi Service
is unavailable for any reason but will correct faults as soon as it reasonably
can. Faults on the Equipment, any hardware and Broadband Service are the
responsibility of the Customer's supplier(s).
3.1.8. Occasionally Wizard Wi-Fi Solutions
Ltd may:
§
for
operational reasons, change the codes or the numbers used by Wizard Wi-Fi
Solutions Ltd for the provision of the Service or the technical specification
of the Service, provided that any change to the technical specification does
not materially affect the performance of the Service;
§
give
the Customer instructions which it believes are necessary for reasons of
health, safety, security or the quality of any telecommunications service
provided by Wizard Wi-Fi Solutions Ltd to the Customer or any other customer;
or
§
temporarily
suspend the Service because of an emergency or for operational maintenance or
improvements. Service will be restored as soon as reasonably practicable.
3.1.9. Before doing any of these things
Wizard Wi-Fi Solutions Ltd will give the Customer as much notice as possible.
3.2. Risk and Ownership
3.2.1. Risk passes to the Customer when the
Customer takes possession of the Equipment.
3.2.2. Ownership of the Equipment,
excluding the software, will pass to the Customer on payment of the Contract
price in full.
3.2.3. Until payment in full:
§
the
Equipment will appear in the Customer's books in the name of Wizard Wi-Fi
Solutions Ltd; and
§
in
the event of threatened seizure of the Equipment, or if any of the things
listed in this document apply to the Customer, the Customer will immediately
notify Wizard Wi-Fi Solutions Ltd and Wizard Wi-Fi Solutions Ltd may take
action to repossess the Equipment. The Customer will also notify interested
third parties of Wizard Wi-Fi Solutions Ltd's ownership of the Equipment.
3.3. Guarantee
3.3.1. Wizard Wi-Fi Solutions Ltd
guarantees the Equipment for 12 months (or any other period confirmed in
writing by Wizard Wi-Fi Solutions Ltd) from the date of delivery to the
Customer.
3.3.2. If the Customer reports a fault
during the guarantee period and the fault is due to faulty design, manufacture,
materials or Wizard Wi-Fi Solutions Ltd's negligence, Wizard Wi-Fi
Solutions Ltd will replace or (at its option) repair the Equipment provided
that:
§
the
Equipment has been properly kept and maintained, used in accordance with the
manufacturer's or Wizard Wi-Fi Solutions Ltd's instructions and has not been
modified except with Wizard Wi-Fi Solutions Ltd's written agreement; and
§
the
fault is not due to damage (including lightning and electrical damage) or the
actions of anyone other than Wizard Wi-Fi Solutions Ltd.
3.3.3. This guarantee does not cover fair
wear and tear.
3.3.4. Equipment that can be installed by
the Customer must be returned to Wizard Wi-Fi Solutions Ltd if it needs repair
or replacement under the guarantee.
3.3.5. If software is supplied under the
Contract, Wizard Wi-Fi Solutions Ltd does not guarantee that it will be error
free, but Wizard Wi-Fi Solutions Ltd will correct errors within a reasonable
time if they impair performance of the Equipment.
3.4. Duration
3.4.1. Upon expiry of the Minimum Period
the Service will continue to be provided to the Customer on the terms of this
Contract unless terminated in accordance with the Conditions.
3.5. Charges and
Payment
3.5.1. Wizard Wi-Fi Solutions Ltd will
submit an invoice after the Equipment has been accepted by the Customer.
Payment is due within 1 month of invoice date. Wizard Wi-Fi Solutions Ltd may
charge daily interest on late payments at a rate equal to 4% per annum above
the base lending rate of Nat West plc.
3.5.2. Wizard Wi-Fi Solutions Ltd may, at
any time, require the Customer to pay a deposit or provide a guarantee as
security for payment.
3.5.3. Unless otherwise stated, prices:
§
include
delivery within the
§
do
not include value added tax for which the Customer is liable.
4. Service Description
4.1.1. Wizard Wi-Fi Solutions Ltd is a
wireless data service using radio frequency to access a Site. Fixed line
connections from the Site connect the Customer to the Wizard Wi-Fi Solutions
Ltd Network and subsequently on to the Internet or, if applicable, the Customer
Network.
4.1.2. The Service includes connection to
the Wizard Wi-Fi Solutions Ltd Network and if required the Internet but does
not include a connection from the Wizard Wi-Fi Solutions Ltd Network to any
Customer Network or any services once the Customer is connected to the
Internet.
4.1.3. When a Customer is located within
the radio frequency coverage area of a Site it may connect to the Service using
its computing equipment and login name and password.
4.1.4. The Service is dependent on the
suitability of the Customer's computing equipment and, if applicable, the
Customer Network. The Customer's computing equipment or the Customer Network is
not provided as part of this Service.
4.1.5. Due to the nature of the Service the
Customer acknowledges and accepts that Wizard Wi-Fi Solutions Ltd does not
guarantee the security of the Service against unlawful access or use. The
Customer should also ensure adequate internal security policies are implemented
to stop unlawful access to or use of the Service.
4.2. Delivery of the
service
4.2.1. Provisioning
§
Wizard
Wi-Fi Solutions Ltd will provide the Customer with login names and passwords to
use the Service.
§
Wizard
Wi-Fi Solutions Ltd provides a list of Sites offering availability of the
Service published at the Wizard Wi-Fi Solutions Ltd Web Page.
4.2.2. Fault Reporting
§
Wizard
Wi-Fi Solutions Ltd will provide a Helpdesk for the reporting of faults in the
Service. The hours of availability of the Helpdesk will be as published at the
Wizard Wi-Fi Solutions Ltd Web Page. Upon initial fault diagnosis by Wizard
Wi-Fi Solutions Ltd, those faults that in Wizard Wi-Fi Solutions Ltd's opinion
are not attributable to the Service will be referred back to the person who
reported the fault.
§
Wizard
Wi-Fi Solutions Ltd will take all reasonable steps to ensure that the Service
meets an acceptable service standard but no specific guarantees of service
standards are offered in respect of the Service. In particular Wizard Wi-Fi
Solutions Ltd offers no guarantee or warranty for the performance of the
Internet or the Customer Network.
4.3. Customer
Responsibilities
4.3.1. The Customer is responsible at its
own expense for having suitable computing equipment such as laptop or pocket
personal computers with wireless LAN and associated software and configurations
for use with the Service.
4.3.2. The Customer is responsible for the
security and proper use of all login names and passwords used in connection
with the Service (including changing passwords on a regular basis) and must
take all necessary steps to ensure that they are kept confidential, secure,
used properly and not disclosed to unauthorised people.
4.3.3. The Customer must immediately inform
Wizard Wi-Fi Solutions Ltd if there is any reason to believe that a login name
or password has or is likely to become known to someone not authorised to use
it or is being or is likely to be used in a manner not authorised by Wizard
Wi-Fi Solutions Ltd.
4.3.4. The Customer must not change or
attempt to change a login name. If a Customer forgets or loses a password or
login name the Customer must contact Wizard Wi-Fi Solutions Ltd and satisfy
such security checks as Wizard Wi-Fi Solutions Ltd may operate.
4.3.5. Wizard Wi-Fi Solutions Ltd reserves
the right to suspend login names and password access to the Service if at any
time Wizard Wi-Fi Solutions Ltd considers that there is or is likely to be a
breach of security.
4.3.6. Wizard Wi-Fi Solutions Ltd reserves
the right (at its sole discretion) to require the Customer to change any or all
of the passwords used by the Customer in connection with the Service.
4.3.7. The Customer must immediately inform
Wizard Wi-Fi Solutions Ltd of any changes to the information the Customer
supplied when registering for the Service.
4.3.8. The Service does not prevent the
Customer implementing additional security e.g. firewalls on the Customer's
equipment or networks.
4.4. Use of the service
4.4.1. The Service must not be used:
§
to
send, receive, upload, download, use or re-use any information or material
which is offensive, abusive, indecent, defamatory, obscene or menacing, or in
breach of confidence, copyright, privacy or any other rights;
§
to
cause annoyance, inconvenience or needless anxiety;
§
to
send or provide or receive unsolicited advertising or promotional material;
§
other
than in accordance with the Acceptable Use Policy, the acceptable use policies
of any connected networks and the Internet standards.
4.4.2. If the Customer or anyone else, with
or without the Customer's knowledge or approval, uses the Service:
§
in
contravention of this Service Schedule; or
§
in
any way which, in Wizard Wi-Fi Solutions Ltd's opinion, is, or is likely to be,
detrimental to the provision of the Service to the Customer or any other
customer and fails to take corrective action within a reasonable period of
receiving notice from Wizard Wi-Fi
Solutions Ltd.
4.4.3. Wizard Wi-Fi Solutions Ltd may treat
this as a material breach of the Contract that cannot be remedied for the
purposes of the Conditions.
4.4.4. The Customer acknowledges that
Wizard Wi-Fi Solutions Ltd has no control over the information transmitted via
the Service and that Wizard Wi-Fi Solutions Ltd does not examine the use to
which customers put the Service or the nature of the information they are
sending or receiving. Wizard Wi-Fi Solutions Ltd excludes all liability of any
kind in relation to such information and use.
4.4.5. The Service and any associated
software Wizard Wi-Fi Solutions Ltd provides are intended for the Customer's
own use only. The Customer must not re-sell, transfer, assign or sub-licence
the Service (or any part of it) or the associated software to any one else.
§
Subject
to the Conditions, Wizard Wi-Fi Solutions Ltd is not liable to the Customer
either in contract, tort (including negligence) or otherwise for the acts or
omissions of other providers of telecommunications or Internet services
(including internet registration authorities) or for faults in or failures.
5. Charges Schedule
5.1. Wizard
Wi-Fi Solutions Ltd Subscriptions
5.1.1. The charges for the Service will be
as specified on the Order Form and are:
a)
on
a per User basis;
b)
either
for unlimited access or for time based Service charges per calendar month; and
c)
invoiced
monthly in advance.
5.1.2. Any additional time based Service
charges (including Roaming) will be invoiced in arrears.
5.1.3. Unless the Operational Service Date
occurs on the 1st day of the calendar month, the charges described in 2.1 and
any inclusive usage per month described in 2.1(b) will be pro rated.
5.1.4. If the Customer terminates the
Contract (or User accounts) under of the Conditions, or if Wizard Wi-Fi
Solutions Ltd terminates for the Customer’s breach, before the end of the
Minimum Period, the Customer agrees to pay termination charges calculated as
follows:
a)
an
amount equal to the charges due to the end of the first 12 months of the
Minimum Period (where the Service is terminated within
the first 12 months);
b)
an
amount equal to 15% of the charges due for the each subsequent year, or part
thereof, of the Minimum Period; and
c)
any
discount that has been applied as a result of the Minimum Period selected, including
any term discount.
5.2. Wizard Wi-Fi
Solutions Ltd Plan
5.2.1. The charges for the Service will be
as specified on www.wizardwifisolutions.co.uk
. The Customer must register a minimum of 20 Users for the
Service. The charges are based on the total number of minutes used by the Users
during a month. The charges are invoiced monthly in arrears.
5.2.2. If the Customer terminates the
Contract (or User accounts), or if Wizard Wi-Fi Solutions Ltd terminates for
the Customer, before the end of the Minimum Period, the Customer agrees to pay
£5 for each User account terminated.
6. Software and
Documents
6.1.1. Where software is supplied to enable
the Customer to operate the Equipment, Wizard Wi-Fi Solutions Ltd grants the
Customer a non-exclusive, non-transferable licence to use the software for that
purpose.
6.1.2. The Customer will keep the software
and any operating manuals and other documentation supplied under the Contract
confidential, and will not disclose them other than to its employees, agents or
contractors who need to use them to operate the Equipment. The Customer will
ensure that such employees, agents and contractors abide by the provisions of
this agreement.
6.1.3. The Customer will not, without
Wizard Wi-Fi Solutions Ltd's prior written consent, copy, or (except as
permitted by law) decompile or modify the software in any way, nor copy the
operating manuals or documentation.
6.1.4. The Customer will sign any agreement
reasonably required by the owner of the copyright in the software to protect
the owner's interest in that software.
6.2. Intellectual
Property Rights
6.2.1. Where software is provided to enable
the Customer to use the Service, Wizard Wi-Fi Solutions Ltd grants the Customer
a nonexclusive, non-transferable licence to use the software for that purpose.
6.2.2. The Customer will not, without
Wizard Wi-Fi Solutions Ltd's prior written consent, copy, decompile or modify
the software, nor copy the manuals or documentation (except as permitted by
law).
6.2.3. The Customer will sign any agreement
reasonably required by the owner of the copyright in the software to protect
the owner's interest in that software.
6.2.4. Wizard Wi-Fi Solutions Ltd will
indemnify the Customer against any claims and proceedings arising from
infringement of any intellectual property rights through Wizard Wi-Fi Solutions
Ltd's provision of the Service to the Customer. As a condition of this
indemnity the Customer must:
§
notify
Wizard Wi-Fi Solutions Ltd promptly in writing of any allegation of infringement;
§
make
no admission relating to the infringement;
§
allow
Wizard Wi-Fi Solutions Ltd to conduct all negotiations and proceedings in
respect of any such claims and give Wizard Wi-Fi Solutions Ltd all reasonable
assistance in doing so (Wizard Wi-Fi Solutions Ltd will pay the Customer's
reasonable expenses for such assistance); and
§
allow
Wizard Wi-Fi Solutions Ltd to modify the Service, or any item provided as part
of the Service, so as to avoid the infringement, provided that the modification
does not materially affect the performance of the Service.
6.2.5. The indemnity in does not apply to
infringements caused by the use of the Service in conjunction with other
equipment, software or services not supplied by Wizard Wi-Fi Solutions Ltd or
to infringements caused by designs or specifications made by, or on behalf of,
the Customer. The Customer will indemnify Wizard Wi-Fi Solutions Ltd against
all claims, proceedings and expenses arising from such infringements.
7. Infringements
7.1.1. Wizard Wi-Fi Solutions Ltd will
indemnify the Customer against all claims and proceedings arising from
infringement of any intellectual property rights by reason of the Customer's
use of the Equipment. As a condition of this indemnity the Customer must:
§
notify
Wizard Wi-Fi Solutions Ltd promptly in writing of any allegation of
infringement;
§
make
no admission relating to the infringement;
§
allow
Wizard Wi-Fi Solutions Ltd to conduct all negotiations and proceedings and give
Wizard Wi-Fi Solutions Ltd all reasonable assistance in doing so (Wizard Wi-Fi
Solutions Ltd will pay the Customer's reasonable expenses for such assistance);
and
§
allow
Wizard Wi-Fi Solutions Ltd to modify or replace the Equipment, or any part of
it, so as to avoid the infringement, provided that the modification does not
materially affect the performance of the Equipment.
7.1.2. Infringements caused by the use of
the Equipment, in conjunction with other equipment, software or services not
supplied by Wizard Wi-Fi Solutions Ltd, or to infringements occasioned by
designs or specifications made by, or on behalf of, the Customer. The Customer
will indemnify Wizard Wi-Fi Solutions Ltd against all claims, proceedings and
expenses arising from such infringements.
7.2. Contract Review
7.2.1. The Customer agrees to Wizard Wi-Fi
Solutions Ltd's reasonable requests to:
1.
complete all questionnaires or other documents Wizard Wi-Fi Solutions
Ltd may send to the Customer concerning the Wi-Fi Service;
2.
participate in such interviews and discussion groups as Wizard Wi-Fi
Solutions Ltd may arrange from time to time; and
7.2.2.
provide Wizard Wi-Fi Solutions Ltd with such information about the use of Wi-Fi
Service by Users as Wizard Wi-Fi Solutions Ltd may reasonably require. The
Customer acknowledges that such information is necessary to enable Wizard Wi-Fi
Solutions Ltd to promote and evaluate the development of the Wi-Fi Service.
7.3. Customer's
Responsibilities
7.3.1. The Customer grants Wizard Wi-Fi
Solutions Ltd the Rights for the duration of this Contract.
7.3.2. The Customer will display in a
prominent place at the Site(s) such reasonable advertising, marketing and other
material as Wizard Wi-Fi Solutions Ltd may provide in relation to the Wi-Fi
Service including without limitation the Conditions for Wizard Wi-Fi Solutions
Ltd Service.
7.3.3. The Customer will:
1.
not do anything likely to damage or adversely affect Wizard Wi-Fi
Solutions Ltd's brand or reputation, obliterate or deface any words or signs
for the Wi-Fi Service, or authorise any other person to do so;
2.
be responsible at its own cost for installation of the Equipment and the
Customer's facilities; unless installed by a Wizard Wi-Fi Solutions Ltd
engineer and
3.
pay all electricity charges in respect of the use of electrical power
for the purpose of operating the Equipment.
7.3.4. Wizard Wi-Fi Solutions Ltd may, at
its discretion, disconnect the Wi-Fi Service at any time on giving notice where
the Customer broadband bandwidth connection is below the required level.
7.3.5. The Customer is responsible for obtaining
the consent of its broadband supplier before connecting the Equipment to enable
the use of Wi-Fi Service.
7.3.6. The Customer will indemnify Wizard
Wi-Fi Solutions Ltd against all claims, costs, proceedings and damages arising
under this Contract or which may be brought or threatened against Wizard Wi-Fi
Solutions Ltd by any third party resulting from any act or omission of the
Customer in relation to this Contract, except to the extent that such claims,
proceedings or damages are caused or contributed to by the negligence of Wizard
Wi-Fi Solutions Ltd its employees, agents or sub-contractors.
8. Vouchers
8.1. Commencement of
Voucher contract
8.1.1. The Contract commences when the
Voucher is purchased from a retailer. The Customer may then access the Service
through the Wizard Wi-Fi Solutions Ltd captive portal using the details on the
Voucher.
8.1.2. The Customer will be eligible to
receive a discount on the purchase of pre-pay vouchers.
1.
Vouchers are distributed by Wizard Wi-Fi Solutions Ltd. The Customer may
purchase the vouchers by completing a paper voucher request form and faxing this
to +44(0)1482 633471. Paper voucher request forms may be obtained from
2.
www.wizardwifisolutions.co.uk or by e-mail at roy.allen@wizardwifisolutions.co.uk
3.
or by telephone 01481 633471.
4.
Wizard Wi-Fi Solutions Ltd will arrange for the Customer to receive 50%
discount (excluding VAT) off the recommended retail price on all vouchers
purchased.
5.
Wizard Wi-Fi Solutions Ltd may change the method of distribution and
percentage of discount from time to time. Any such change will be published on
www.wizardwifisolutions.co.uk.
8.1.3. The Customer will not attempt to
resell or profit from the Wi-Fi Service in any way.
8.2. Voucher Service
Description
8.2.1. Wizard Wi-Fi Solutions Ltd is a
wireless data service using radio frequency to a Site, and fixed line
connections from the Site to connect to the Wizard Wi-Fi Solutions Ltd Network
and subsequently on to the Internet.
8.2.2. When a Customer is located within
the radio frequency coverage area of a Site it may connect to the Service using
its computing equipment and login name and password.
8.2.3. When a Customer is located within
the radio frequency coverage area of a Site it may connect to the Service using
its computing equipment and login name and password.
8.2.4. The Service is dependent on the
suitability of the Customer's computing equipment and, if applicable, the
Customer Network. The Customer's computing equipment or the Customer Network
not provided as part of this Service.
8.2.5. Due to the nature of the Service the
Customer acknowledges and accepts that Wizard Wi-Fi Solutions Ltd does not
guarantee the security of the Service against unlawful access or use. The
Customer should also ensure adequate internal security policies are implemented
to stop unlawful access to or use of the Service.
8.3. Voucher Service
Provisioning
8.3.1. Wizard Wi-Fi Solutions Ltd will
provide the Service to the Customer on the terms of this Contract and with the
reasonable skill and care of a competent telecommunications service provider.
8.3.2. Wizard Wi-Fi Solutions Ltd provides
a list of Sites offering availability of the Service published at: www.wizardwifisolutions.co.uk
or such other URL as Wizard Wi-Fi Solutions Ltd may from time to time advise.
8.3.3. Wizard Wi-Fi Solutions Ltd will use
reasonable efforts to provide uninterrupted Service but from time to time
faults may occur, which Wizard Wi-Fi Solutions Ltd will repair as soon as
reasonably practicable.
8.3.4. Occasionally Wizard Wi-Fi Solutions
Ltd may:
§
for
operational reasons, change the codes or the numbers used by Wizard Wi-Fi
Solutions Ltd for the provision of the Service or the technical specification
of the Service, provided that any change to the technical specification does
not materially affect the performance of the Service;
§
give
the Customer instructions which it believes are necessary for reasons of
health, safety, security or the quality of any telecommunications service provided by Wizard
Wi-Fi Solutions Ltd to the Customer or any other customer; or
§
temporarily
suspend the Service because of an emergency or for operational maintenance or
improvements. Service will be restored as
§
soon
as reasonably practicable.
8.3.5. Before doing any of these things
Wizard Wi-Fi Solutions Ltd will give the Customer as much notice as possible.
8.3.6. Wizard Wi-Fi Solutions Ltd will
provide a Helpdesk for the Customer available weekdays 9.00am - 5.00pm
excluding public and bank holidays. Upon initial fault diagnosis by Wizard
Wi-Fi Solutions Ltd, those faults that in Wizard Wi-Fi Solutions Ltd's opinion
are not attributable to the Service shall be referred back to the Customer who
reported the fault.
8.3.7. Wizard Wi-Fi Solutions Ltd will take
all reasonable steps to ensure that the Service meets an acceptable service
standard but no specific guarantees of service standards are offered in respect
of the Service. In particular Wizard Wi-Fi Solutions Ltd offers no guarantee or
warranty for the performance of the Internet.
9. Connection of
equipment to the service
9.1.1. The customer must ensure that any
equipment:
§
connected
to or used with the Service must be connected and used in accordance with any
applicable instructions, safety and security procedures; and
§
attached
(directly or indirectly) to the Service is compliant with any relevant
legislation.
9.2. Access to sites
9.2.1. Wizard Wi-Fi Solutions Ltd does not
authorise or guarantee access to any of the Sites for the Customer to use the
Service or guarantee that Service will continue to be available from a specific
Site.
9.2.2. The Customer will provide Wizard
Wi-Fi Solutions Ltd employees and anyone acting on Wizard Wi-Fi Solutions Ltd's
behalf, who produces a valid identity card, with access at all reasonable times
to the Site.
9.2.3. Wizard Wi-Fi Solutions Ltd employees
and anyone acting on Wizard Wi-Fi Solutions Ltd's behalf will observe any
reasonable Site regulations, as previously advised in writing to Wizard Wi-Fi
Solutions Ltd by the Customer.
9.3. Use of the Service
9.3.1. It is the Customer's responsibility
to obtain and keep in force any licence necessary for the Customer to use the
Service in any country in which it is provided.
9.3.2. The Customer will take all
reasonable steps to ensure that the Wi-Fi Service is not used in any way that:
§
does
not comply with the terms of any legislation or any licence applicable to the
Customer or that is in any way unlawful;
§
does
not comply with any instructions given in this agreement and or any other
public telecommunications operator or other competent authority, in any country
where the Service is provided.
§
would
put Wizard Wi-Fi Solutions Ltd in breach of the terms of any agreement Wizard
Wi-Fi Solutions Ltd has with any public telecommunications operator, notified
in writing by Wizard Wi-Fi Solutions Ltd to the Customer.
9.3.3. The Customer will give Wizard Wi-Fi
Solutions Ltd 30 calendar day’s prior written notice of the introduction of any
additional provider of services similar to the Wi-Fi Service at the Site.
9.3.4. The Customer must indemnify Wizard
Wi-Fi Solutions Ltd against any claims or legal proceedings which are brought
or threatened against Wizard Wi-Fi Solutions Ltd by a third party because the
Service is used in breach of this agreement.
9.3.5. Wizard Wi-Fi Solutions Ltd will
notify the Customer of any such claims or proceedings and keep the Customer
informed as to the progress of such claims or proceedings and have due regard
to the Customer's representations.
10. Confidentiality
10.1.1. The parties will keep in confidence
any information (whether written or oral) of a confidential nature (including
software and manuals) obtained under this Contract and will not, without the
written consent of the other party, disclose that information to any person
(other than their employees or professional advisers, or in the case of Wizard
Wi-Fi Solutions Ltd the employees of a Wizard Wi-Fi Solutions Ltd Group Company
or their suppliers, who need to know the information).
10.1.2. This paragraph will not apply to:
§
any
information which has been published other than through a breach of this
Contract;
§
information
lawfully in the possession of the recipient before the disclosure under this
Contract took place;
§
information
obtained from a third party who is free to disclose it; and
§
information
which a party is requested to disclose and, if it did not, could be required by
to do so by law.
10.1.3. This paragraph will remain in effect
for 2 years after the termination of this Contract.
11. Charges and
Deposits
11.1.1. The charges for the Service will be
calculated in accordance with the Charges Schedule. Charging will begin on the
Operational Service Date. Charges for use of the Service will be calculated in
accordance with the details recorded by, or on behalf of Wizard Wi-Fi Solutions
Ltd.
11.1.2. Wizard Wi-Fi Solutions Ltd may
revise the charges on 28 days notice to the Customer or such other period
stated in the Charges Schedule.
11.1.3. The Customer will pay the charges
within 14 days of the date of Wizard Wi-Fi Solutions Ltd's invoice. Wizard
Wi-Fi Solutions Ltd may charge daily interest on late payments at a rate equal
to 4% per annum above the base lending rate of RBS Bank plc.
11.1.4. All charges will be invoiced and
paid in pounds sterling unless otherwise stated in the Charges Schedule. Value
Added Tax or any other applicable in country sales, use tax or like charge in a
country where the Service is provided, which is payable by the Customer will be
added to Wizard Wi-Fi Solutions Ltd's invoices as appropriate.
11.1.5. Wizard Wi-Fi Solutions Ltd may, at
any time, require the Customer to pay a deposit or provide a guarantee as
security for payment of future bills.
12. Limitation of
liability
12.1.1. Wizard Wi-Fi Solutions Ltd accepts
unlimited liability for death or personal injury resulting from its negligence.
12.1.2. Wizard Wi-Fi Solutions Ltd is not
liable to the Customer, either in contract, tort (including negligence) or
otherwise for any direct or indirect loss of profits, business or anticipated
savings, nor for any indirect loss or damage or for any destruction of data.
12.1.3. Wizard Wi-Fi Solutions Ltd's
liability to the Customer in contract, tort (including negligence) or otherwise
in relation to this Contract is limited to £250,000 for any one incident or
series of related incidents and to £500,000 for all incidents in any period of
12 months.
12.1.4. Each provision of this Contract,
excluding or limiting liability, operates separately. If any part is held by a
court to be unreasonable or
inapplicable, the other parts will continue to apply.
12.2. Matters
beyond the reasonable control of either party
12.2.1. If either party is unable to perform
any obligation under this Contract because of a matter beyond that party's
reasonable control such as lightning, flood, exceptionally severe weather,
fire, explosion, war, civil disorder, industrial disputes, or acts of local or
central Government or other competent authorities, or events beyond the
reasonable control of that party's suppliers, or legal and regulatory
constraints on Wizard Wi-Fi Solutions Ltd offering the Wi-Fi Service, that
party will have no liability to the other for that failure to perform.
12.2.2. In the event of:
§
a
refusal or delay by a third party to supply a telecommunications service to
Wizard Wi-Fi Solutions Ltd and where there is no alternative service available
at reasonable cost; or
§
the
imposition of restrictions of a legal or regulatory nature which prevent Wizard
Wi-Fi Solutions Ltd from supplying the Service then Wizard Wi-Fi Solutions Ltd
will have no liability to the Customer for failure to supply the Service.
12.2.3. If any of the events detailed
continue for more than 3 months either party may serve notice on the other
terminating this Contract.
12.3. Escalation and
dispute resolution
12.3.1. If a dispute arises between the
parties' to this Contract, the parties will use their reasonable endeavours to
settle the dispute in accordance with the following procedures:
§
a
dispute which has not been settled by the Customer's representative and the
Wizard Wi-Fi Solutions Ltd representative within 7 days of the matter being
raised, may be escalated by either party to the first level by written notice
to the other party;
§
if
the dispute is not resolved at the first level within 7 days of escalation
either party may refer the dispute to the second level.
12.3.2. The parties representatives and the
people to whom a dispute must be escalated at the first and second levels are
as notified by either party to the other, from time to time.
12.3.3. If a dispute is not resolved after
the procedures set out have been followed then, if the parties agree, the
dispute will be referred to a
mediator:
§
the
mediator will be appointed by agreement of the parties. In the event of a
failure to agree within 3 days of a proposal by one party, the mediator will be
appointed by the Centre for Dispute Resolution (CEDR);
§
within
14 days of the appointment of the mediator the parties will meet with the
mediator in order to agree the procedure to be adopted for the negotiations;
§
all
negotiations connected with the dispute will be conducted in confidence and
without prejudice to the rights of the parties in any further proceedings;
§
if
the parties reach agreement on the resolution of the dispute the agreement will
be put in writing and once signed by the parties will be binding on them;
§
if
the parties are not prepared to agree to the dispute being referred to a
mediator, or fail to reach agreement within 2 months of the mediator being
appointed then either party may exercise any remedy that it has under this
Contract.
12.4. Termination of
this contract by notice
12.4.1. Either party may terminate this
Contract on 28 days notice to the other such notice to expire after the end of
the Minimum Period.
12.4.2. If the Customer terminates this
Contract or the Service either before the Operational Service Date or during
the Minimum Period, other than because Wizard Wi-Fi Solutions Ltd has increased
the charges or has materially changed the Conditions of this Contract to the
Customer's detriment, the Customer must pay Wizard Wi-Fi Solutions Ltd the
termination charges specified in the Charges Schedule.
12.5. Breaches of this
Contract
12.5.1. Either party may terminate this
Contract
§
immediately
on notice if the other party commits a material breach of this Contract, which
is capable of remedy, and fails to remedy the breach within a reasonable time
of a written notice to do so; or
§
immediately
on notice if the other party commits a material breach of this Contract which
cannot be remedied; or
§
on
reasonable notice if the other party is repeatedly in breach of this Contract
and fails to remedy the breach within a reasonable time of a written notice to
do so; or
§
immediately
on notice if the other party is the subject of a bankruptcy order, or becomes
insolvent, or makes any arrangement or
§
composition
with or assignment for the benefit of their creditors, or goes into voluntary
(otherwise than for reconstruction or
§
amalgamation)
or compulsory liquidation, or a receiver or administrator is appointed over
their assets, or if the equivalent of any such events under the laws of any of
the relevant jurisdictions occurs to the other party.
12.5.2. If Wizard Wi-Fi Solutions Ltd is
entitled to terminate this Contract, Wizard Wi-Fi Solutions Ltd may, on giving
prior notice where practicable, suspend the Service without prejudice to such
rights. Where the Service is suspended under this paragraph the Customer must
pay the charges for the Service until this Contract is terminated.
12.5.3. If this Contract is terminated by
Wizard Wi-Fi Solutions Ltd during the Minimum Period because of an event
specified the Customer must pay Wizard Wi-Fi Solutions Ltd, without prejudice
to any other rights Wizard Wi-Fi Solutions Ltd may have, the termination
charges specified in the Charges Schedule.
12.5.4. If either party delays in acting
upon a breach of this Contract that delay will not be regarded as a waiver of
that breach. If either party waives a breach of this Contract that waiver is
limited to that particular breach.
12.6. Changes to this
contract
§
Except
in the circumstances described, if either party wishes to vary this Contract it
must notify the other party in writing, detailing the proposed change and the
reason for it.
§
The
parties will discuss the proposed change.
§
Within
a reasonable time of receipt of a proposed change, or the date of the
discussions, the receiving party will notify the other party in writing whether
the proposed change is feasible and the likely financial, contractual,
technical and other effects of the proposed change.
§
Within
a reasonable time of notification of the effects of a proposed change the
receiving party will advise the other party whether it wishes this Contract to
be amended to incorporate the change.
§
Where
the parties agree a change to this Contract it will be recorded in writing and
will form part of this Contract when signed by both parties.
12.6.1. Where this Contract is entered into
in a country where Wizard Wi-Fi Solutions Ltd is obliged by law or by its
agreement with a public telecommunications operator to trade with all its
customers for the Service on the same or particular terms Wizard Wi-Fi
Solutions Ltd may amend this Contract on 28 days notice to the Customer.
12.7. Export control
12.7.1. Provision of the Service to the
Customer may be subject to export control law and regulations. Wizard Wi-Fi
Solutions Ltd does not represent that any necessary approvals and licenses will
be granted. The Customer will provide reasonable assistance to Wizard Wi-Fi
Solutions Ltd to obtain any necessary consents. If, through no fault of Wizard
Wi-Fi Solutions Ltd, any necessary consents are not granted, then Wizard Wi-Fi
Solutions Ltd can terminate this Contract or the provision of the Service under
it (as appropriate) without any liability to the Customer.
12.8. Transfer of
rights and obligations
12.8.1. Neither party may transfer any of
its rights or obligations under this Contract, without the written consent of
the other, except that Wizard Wi-Fi Solutions Ltd may transfer its rights or
obligations (or both) to a Wizard Wi-Fi Solutions Ltd Group Company without
consent.
12.9. General
12.9.1. This Contract contains the whole
agreement between Wizard Wi-Fi Solutions Ltd and the Customer relating to its
subject matter and supersedes all previous written or oral agreements relating
to it.
12.9.2. Wizard Wi-Fi Solutions Ltd and the
Customer acknowledge and agree that they have not been induced to enter into
this Contract by any representation, warranty or other assurance not expressly
incorporated into it; and
12.9.3. in connection with this Contract
their only rights and remedies in relation to any representation, warranty or
other assurance will be for breach of this Contract and that all other rights
and remedies are excluded, except in the case of fraud.
12.9.4. A person who is not a party to this
Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to
enforce any term of this Contract but this does not affect any right or remedy
of a third party which exists or is available apart from that Act.
12.10. Entire agreement
12.10.1. This Contract contains the whole
agreement between the parties and supersedes all previous written or oral
agreements relating to its subject matter.
12.10.2. The parties acknowledge and agree
that:
§
they
have not been induced to enter into this Contract by any representation,
warranty or other assurance not expressly incorporated into it; and
§
in
connection with this Contract their only rights and remedies in relation to any
representation, warranty or other assurance are for breach of this Contract and
that all other rights and remedies are excluded.
12.10.3. The provisions shall not affect the
parties rights or remedies in relation to any fraud or fraudulent
misrepresentation.
12.10.4. A person who is not party to this
Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to
enforce any term of this Contract, but this does not affect any right or remedy
of a third party which exists or is available apart from that Act.
12.11. Notices
12.11.1. Notices given under this Contract
must be in writing and may be delivered by hand or by courier, or sent by first
class post, fax. or e-mail to the following addresses:
§
to
Wizard Wi-Fi Solutions Ltd at the address of the Wizard Wi-Fi Solutions Ltd
office shown on the Order Form or any alternative address which Wizard Wi-Fi
Solutions Ltd notifies to the Customer;
§
to
the Customer at the address to which the Customer asks Wizard Wi-Fi Solutions
Ltd to send invoices, the address of the Site or, if the Customer is a limited
company, its registered office.
12.12. Severability
12.12.1 If any provision of this Contract is
held invalid, illegal or unenforceable for any reason by any court of competent
jurisdiction, such provision shall be severed and the remainder of its
provisions will continue in full force and effect as if this Contract had been
executed with the invalid illegal or unenforceable provision omitted.
12.13 Law and
Jurisdiction
12.13.1. This Contract is governed by the law
of
