GENERAL TERMS AND CONDITIONS OF HIPPOCKETWIFI
1. VALIDITY OF GENERAL TERMS AND CONDITIONS The following terms and conditions shall apply to all services rendered by HippoDev SARL, hereafter referred to as HippocketWifi, in connection with the mobile hotspot rental service. Only HippocketWifi general terms and conditions shall apply in the valid online version at the time of the order (https://www.hippocketwifi.com). HippocketWifi may accept variant clauses only in the case of explicit written agreement.
2. DESCRIPTION OF SERVICES
2.1 MOBILE HOTSPOT RENTAL HippocketWifi rents out mobile wifi hotspots can be used simultaneously by ten people (or ten devices), without paying data roaming charges. First step is to book on https://www.hippocketwifi.com. Upon booking, we are trusting Ogone (http://www.Ogone.com) with an alias of your credit card. We are also getting an authorization for a deposit fee of EUR 150. In case of extra fees (loss or damage), Customer will be charged 7 days after the end of the rental agreement. Calculation of the price of “damaged or lost devices” is explained under Sec. 4
2.2 REGISTRATION FOR USING HIPPOCKETWIFI SERVICES The customer must fill a form to use HippocketWifi directly from the web browser under https://www.hippocketwifi.com. To register for our services, the customer has to provide the following information: – First and Last Name – An address (billing address) – An email address – A mobile phone number – A copy of an official document like passport, driving licence, ID The last point is a French legal requirement. Note that this copy can be either a scan of your document, or a picture of its photo page (for example done with your Smartphone’s camera)
2.3 HIPPOCKETWIFI ENGAGEMENTS HippocketWifi shall use reasonable endeavours to provide Customer with the Services and to ensure the security of Customer’s communications at all times. However, due to the nature of mobile technology, it is impossible to provide an uninterrupted, fault-free service. HippocketWifi shall in particular not be liable, or otherwise legally responsible, where access to the Network is interrupted or limited due to a suspension (provided that this is temporary only); or downtimes of public telecommunication or power facilities; or special local conditions (e.g. use in trains or underground). HippocketWifi’s Network Partner may suspend Services: (i) in order to carry out maintenance or testing of the Network; (ii) during any technical failure of the Network, (iii) when it is necessary to safeguard the security and integrity of the Network or to reduce the incidence of fraud; (iv) where it identifies Artificially Inflated Traffic; or (iv) due to Emergency Planning Measures. HippocketWifi shall endeavour to keep all such suspensions to a minimum and shall give Customer notice of such suspensions where reasonably practicable.
2.4 CUSTOMER ENGAGEMENTS Customer shall not: a) use any Equipment or Services for any purpose that is abusive, illegal or fraudulent; or b) do anything that causes the Network to be impaired or damaged. 3.4. Customer agrees to the rental terms as stated in the Agreement. Except as otherwise provided therein, the following shall apply: Equipment will be delivered in accordance with Sec.4. Upon delivery, the Customer shall promptly inspect and test the Equipment. The Customer shall promptly notify HippocketWifi of any non-conformities detected upon such inspection or during later use. Unless Customer is a Consumer, it shall, in the absence of such notice, be deemed to have approved of such non-conformities. The Customer shall at its own cost: a) assume all responsibilities as the possessor and user of the Equipment; b) hold HippocketWifi harmless of (a) any public or private cost, fees, levies and/or taxes, arising from holding and/or using the Equipment, and (b) any claims asserted by third parties, including public authorities, in connection with its use, operation or holding of the Equipment, except to the extent that such claims are Imputable to HippocketWifi; c) maintain the Equipment free of any security interest, encumbrance, or any other third party interference, d) reasonably protect the Equipment against the risk of destruction, damage, and/or loss through fire, theft, burglary, electricity and/or water; e) maintain the technical environment for operation of the Equipment in accordance with the accompanying documentation; f) maintain the Equipment in an orderly and functional state, and arrange for repair of any damage to the Equipment which is Imputable to the Customer. Risks with respect to regular wear and tear, and/or damage or loss caused by Force Majeure or acts of third parties which are not Imputable to the Customer, will be borne by HippocketWifi, and HippocketWifi will promptly repair any such damage which materially impairs the function of the Equipment and/or replace Equipment lost due to such circumstances. 3.5. Upon termination of the Agreement, the Customer shall promptly, at its own cost and risk, return the Equipment to a delivery address within France specified by HippocketWifi. Prior to return of the Equipment, the Customer shall at its own cost, restore the original technical state of the Equipment and repair damage which is Imputable to the Customer. If Customer fails to do so, HippocketWifi may, at HippocketWifi’s option itself repair such damage and invoice the cost to the Customer. The foregoing claim shall expire unless HippocketWifi notifies the Customer of the claim in writing within four (4) weeks from return of the Equipment. 3.6. Where Customer is in breach of its obligations under this Sec. 3, HippocketWifi shall be entitled to suspend the Customer’s use of the Services. Before exercising this right, HippocketWifi shall notify the Customer of its intention to do so where this is reasonably practicable, allowing an opportunity to remedy the alleged breach (where it is capable of remedy); otherwise HippocketWifi shall notify Customer as soon as reasonably practicable after the suspension. During any period of suspension, Customer shall continue to pay all Charges due under this Agreement in respect of the suspended Services.
3. START, DURATION AND TERMINATION OF THE CONTRACT The service contract between HippocketWifi and the customer takes place with the order at HippocketWifi website https://www.hippocketwifi.com and with the following assumptions by HippocketWifi: our mobile hotspots may be rented by the customer for a specified number of days and requires the customer to pay a daily rental fee from the date of the rental start, to the date of return. The contract ends as soon as the customer returns the rented mobile hotspot after the end of the rental period. The customer is strictly forbidden to make changes to the device or to change or remove any part of the device related to the ownership of the device by HippocketWifi.
4. CHARGES AND PAYMENT
4.1 CHARGES FOR USE a) HippocketWifi states all Charges inclusive of VAT, unless specified otherwise. b) HippocketWifi maintains the right to debit the Customer the amount due for a late return of the Equipment in accordance with Sec. 4.2. c) If Customer reasonably and in good faith disputes an invoice or part of it, Customer shall notify HippocketWifi of such dispute within 14 days of receipt of the invoice, providing details of why the invoiced amount is incorrect and, if possible, how much Customer considers is due. d) HippocketWifi may require a reasonable security, such as a credit card guarantee, from the Customer upon conclusion of the Agreement for claims under Sec. 4.2. For this purpose, HippocketWifi will ask for authority from the card issuing company for an amount equivalent to the Replacement Fee. In the events described in Sec. 4.2, HippocketWifi may use the credit card information to charge the Customer for the Equipment’s use, replacement or repair. e) The Customer shall not be entitled to set off any of its claims against claims of HippocketWifi, except where the Customer’s claims are undisputed or have been confirmed by final court judgment. Unless the Customer is a Consumer, the foregoing shall also apply to any right of retention under civil or commercial law, and in particular to any deductions from recurrent payments to HippocketWifi based on alleged non-conformities of Equipment or Services. The foregoing shall not limit the Customer’s claim for repayment of any amounts paid but not actually owed to HippocketWifi after such payment to HippocketWifi.
4.2 CHARGES FOR LOSS AND DAMAGE The customer is solely responsible for all loss or damage to the equipment during the rental period. For the case of loss or damage of each device a deposit of EUR 150 must be secured and is retained in the event of a claim. In case of a claim, the following amounts will be used: – Full loss: EUR 150 – Device only: EUR 135 – Charger: EUR 10 – Cable: EUR 10 – Case: EUR 5 4.3 LATE FEES Failure to return the equipment (including all accessories and user guides) promptly to HippocketWifi will incur additional late charges. – Return from France All returns must be postmarked from France at latest the business day following the rental’s end date. All returns must be made using the supplied prepaid return envelope. If this envelope has been lost, the equipment must be returned using a 3 days max shipping method. This shipment method must be paid for by the customer. -Return from outside France Sending back the equipment is the customer’s responsibility, and for this the customer should choose an “express” delivery option. The address for the shipment is: HippoDev SARL 3 rue des Pres – 69008 Lyon – France In the event that we fail to receive the equipment, or any portion of the equipment, three business days after the specified rental end date, the customer will incur a daily penalty fee of EUR 10 until the date the equipment is received. If for any reason the customer is unable to return the equipment to us, including but not limited to the equipment being lost or stolen during the rental period, the customer should contact HippocketWifi immediately via email to [email protected], so that additional late charges are not incurred. For any complaints regarding the late fees the customer must provide the confirmation of the return of equipment to HippocketWifi to ensure that the equipment was sent back as the customer claims.
5. DELIVERY The customer is responsible for checking that the delivery mode he chose is compatible with the date of order and the first day of rental. It is the customer responsibility to make sure that the mobile hotspot’s delivery will be accepted. If the delivery address entered by the customer during the booking phase is not his own address, it is the customer’s responsibility to warn the hotel (or office, third party…) so that they accept the delivery on his behalf. Mobile hotspots lost because of a wrong and/or incomplete address provided by the customer will be charged to the customer following the amounts defined in paragraph 4.2 (Charges for loss and damage). The shipping costs include the delivery to the designated address. The shipping costs are calculated individually and are shown separately during the online-registration and order process.
6. RETURN All returns should be returned by “LaPoste”, the French local mail service, using the enclosed prepaid envelope. It should be postmarked no later than one business day following the specified rental end date. The HippocketWifi equipment shall be returned in working order and good physical condition. The customer assumes all risk of loss and damage from the return of all equipment to our designated address. If the customer leaves France without posting the device, it is his responsibility to ship it as soon as possible. It is then his responsibility to pay for the international return shipping charges. Device should be shipped to: HippoDev SARL 3 rue des Pres – 69009 Lyon – France For any complaints related to the HippocketWifi return policies the customer must be able to proof the shipment.
7. RESERVATION OF TITLE AND USAGE The HippocketWifi mobile hotspot device shall always remain the property of HippocketWifi. Any notes on the devices may not be changed or removed or be disguised. The customer is only entitled to use the device for purpose stated in this contract. Any use of the HippocketWifi mobile hotspot contrary to the purposes described herein is prohibited. It’s strictly forbidden to customer to remove or change any parts of the device. The device could not be used with any other SIM card than the provided one. On the consignment of the mobile hotspot an instruction sheet is allocated to the customer. The customer must use the device carefully. The customer must pay for damages on the devices.
8. REFUND / CANCELLATION
8.1 REFUND / CANCELLATION / MODIFICATION POLICY The customer may cancel any reservation at any time at no charge until the device is shipped. This means 3 business days before start date for “Standard” delivery. It’s not possible to modify, shorten or extend his rental.
8.2 DAILY QUOTA AND REDUCED SPEED Our daily quotas are pooled, and can be used whenever the client wishes during his rental period. For example, if a customer rents a device for 5 days, with a quota of 300 megabytes per day, he has an available quota of 1 500 megabytes, which he uses the way he wants during these five days. If the customer uses more than his quota, the speed could be drastically reduced and Customer may have very limited access to the Service.
8.3 CONSUMPTION MONITORING It is your responsibility to track your consumption using tools on your equipment (smartphone, tablet or laptop) as the consumption reports we have can sometimes come a couple of days after the consumption.
9. PRIVACY All data provided by customers during the rental and usage of the HippocketWifi equipment will be protected corresponding to the relevant terms of privacy regarding customer data. All customer provided data saved byHippocketWifi, will be explicitly used for purposes of contractual fulfillment and to inform the customer about products related to their contractual agreement. In this regard the customer agrees explicitly, that they approve and agree to the mailing of such information, also for marketing purposes and in electronic form, e.g. via email. A revocation of consent may be served at any time, but must be made in writing to HippocketWifi, stating the affected email addresses. Any such data is is protected by French law “Loi N° 78-17 Informatique et libertés du 6 Janvier 1978” that states that the customer can access, modify or delete any personal data, and that he could use this right by writing to: HippoDev SARL, 3 rue des Pres, 69009 Lyon – France
10. LIABILITY AND WARRANTY HippocketWifi is not responsible for detriments arising as a result, that the proposed service is not or not constantly available, unless HippocketWifi must take responsibility for damages as a result of serious negligence. HippocketWifi provides no guarantee for the constant availability of the relevant services of HippocketWifi. HippocketWifi will use its best efforts to ensure that the availability of the respective services provided reach the greatest possible level of service; particularly HippocketWifi will exchange defective WIFI devices immediately, and will not settle for days or periods of non-usability.
11. FINAL PROVISIONS In the case of disputes, the competent courts are the ones of the jurisdiction of the “Cour d’appel de Lyon” For any requests please write an e-mail to [email protected] Our business address is: HippoDev SARL 3 rue des Pres, 69009 Lyon – France.
