1. VALIDITY OF THE GENERAL TERMS AND CONDITIONS
The following terms and conditions apply to all of the services provided by IT-OPTICS SA, hereinafter referred as "BePocketWIFI", as part of the mobile HOTSPOT rental service. Only the "BePocketWIFI" general terms and conditions that appear in the online version and valid at the time of the (http://www.BePocketWIFI.com) order are applicable to the provision of the service. BePocketWIFI cannot accept variations to the terms contained in the general terms and conditions except in the case of express written consent.
2. DESCRIPTION OF THE SERVICES
2.1 HotSpot Mobile Location
« BePocketWIFI » rents MOBILE HOTSPOT WIFI which can be used simultaneously by ten people (or ten devices) without the payment of data roaming charges. The first stage consists of a reservation at http://www.BePocketWIFI.com. During the reservation, we entrust INGENICO (http://payment-services.ingenico.com/be/fr) to ensure the financial transaction based on an alias of your credit card. On the basis of the reservation, "BePocketWIFI" receives an authorisation for a deposit of EUR 150 in addition to the amount of the reserved rental. In the event of additional costs (excessive consumption, loss or damage), the customer will be charged 7 days after the end of the rental contract. The price calculation of "damage or lost device" is explained in Section 5 of this document. The price calculation of "additional consumption" is explained in Section 8.3 of this document.
2.2 REGISTRATION to use the BEPOCKETWIFI services
The customer must fill out a BePocketWIFI form directly from the Web browser at http://www.BePocketWIFI.com. To register for our services, the customer must provide the following information: - First and last name/ - an address (billing address) / - An e-mail address/ - A mobile telephone number / - A copie of an official document like a passport, a driver’s licence, ID, etc.
The latter is a legal requirement and allows us to guarantee your identity concerning the responsibility for the leased equipment. Note that this can be a scanned copy of your document, or an image of the photo page (e.g., done with your Smartphone camera).
2.3 DUTIES OF BEPOCKETWIFI
BePocketWIFI is committed to providing reasonable efforts to provide the customer with data connectivity services and to ensure the security of the communications at all times. However, due to the nature of mobile technology, it is impossible to provide uninterrupted and flawless service.
BePocketWIFI cannot be held responsible for the interruption of a network access point or the occasional suspension of such access or for the stoppage time of telecommunications or power public facilities or specific local conditions, particularly with use in trains or metro transport. The BePocketWIFI Network Partner may suspend its services:
- in order to perform maintenance or testing of the network;
- during any technical failure of the network,
- where necessary to protect the security and integrity of the network or to reduce the incidence of fraud;
- where it identifies artificially inflated traffic; or
- because of contingency planning measures. BePocketWIFI will endeavour to keep all of these suspensions to a minimum and will give notice to its customers of suspensions in a reasonably practicable manner.
3.COMMITMENTS OF THE CUSTOMER
3.1 The customer must not:
The customer agrees not to use the equipment or the services provided by BePocketWIFI for illegal or fraudulent purposes and to not perform any action likely to cause damage to the network.
3.2 The customer accepts
the rental conditions as stated in the agreement. Unless otherwise provided, the following provisions apply:
The equipment will be delivered in accordance with Sec.6. Upon delivery, the customer must promptly inspect and test the equipment. The customer shall advise technical support by e-mail or telephone within 24 hours of the determination date of all of the non-compliances detected during the delivery inspection or during subsequent use. The customer in its capacity as consumer will, in the absence of such notice, be deemed to have accepted the delivery. The customer must prove these nonconformities at the customer’s own expense.
3.3 The customer must
assume all of the responsibilities as the holder and/or user of the equipment. The customer assumes, instead of BePocketWIFI, liability arising from the use made of the equipment for:
- any public or private damage, levies and/or taxes, created by the possession and/or use of the equipment,
- claims by third parties, including public authorities, in connection with its use, operation or possession of the equipment, except to the extent that such claims are attributable to BePocketWIFI;
- keeping the equipment free of any security interest, encumbrance, or other interference by a third party,
- the protection of the equipment against the risk of destruction, degradation and/or loss by fire, theft, burglary, electricity and/or water;
- the maintenance of the technical environment for the operation of the equipment in accordance with the accompanying documentation;
- maintaining the equipment in an orderly and functional state, and repairing any damage caused to equipment attributable to the customer.
The risks related to normal usage and/or damage or loss caused by Force Majeure or acts of third parties that do not attach to the customer will be borne by BePocketWIFI. BePocketWIFI will promptly repair any damage that impairs the operation of the equipment and/or replace the lost equipment due to these circumstances.
3.4 Upon termination of the Agreement
the customer will promptly, at its own expense and risk, return the equipment to a delivery address in Belgium specified by BePocketWIFI. Before the return of the equipment, the customer must, at its expense, restore the equipment to its original technical state from damage and repair attributable to the customer. If the customer fails to do so, BePocketWIFI may, at the option of BePocketWIFI, repair such damage and charge the cost to the customer. The claim expires unless BePocketWIFI so informs the customer with a written demand within four (4) weeks of the return of the equipment.
3.5 When the customer is
in violation of its obligations under this Sec. 3, BePocketWIFI will have the right to suspend the use by the customer of the Services related to the contract. Before exercising this right, BePocketWIFI will provide prior notice to the customer of its intention to do so. When reasonably possible, in order to allow the customer to remedy the alleged violation (where it is capable of being remedied); otherwise BePocketWIFI client will notify the customer as soon as reasonably possible after the suspension. During any period of suspension, the customer must continue to pay all of the fees payable under this Agreement with respect of the suspended services.
4. START, DURATION AND TERMINATION OF THE CONTRACT
The service contract between BePocketWIFI and the customer begins with the placing of the order made on the BePocketWIFI site (http://www.BePocketWIFI.com) and with the following assumptions by BePocketWIFI:
- Our mobile hotspots can be rented by the customer for a specified number of days and require that the customer pay rent every day from the date of commencement of the rental to the return date.
- The contract ends when the customer returns the rented mobile hotspot and, at the earliest, at the end of the rental period. It is strictly prohibited for the customer to make changes to the device or to modify or remove any part of the device pertaining to the ownership of the device by BePocketWIFI.
5. FEES AND PAYMENT
5.1 USAGE CHARGES
- Unless otherwise indicated, BePocketWIFI fees are VAT inclusive.
- BePocketWIFI retains the right to charge the customer for the amount due for the late return of the equipment in accordance with Sec. 5.2.
- any possible dispute of an invoice by the customer must be lodged within 14 days of receipt of the invoice (by regular or registered mail). This is done by providing details concerning why the invoiced amount is incorrect and, if possible, how much the customer believes is due.
- BePocketWIFI may require reasonable security, such as a credit card guarantee, by the customer upon the conclusion of the claims agreement in claims pursuant to Sec. 4.2. To this end, BePocketWIFI will ask the acting authority of the issuing card company for an amount equivalent to the replacement costs. In the circumstances described in Sec. 4.2, BePocketWIFI can use the information from the credit card to charge the customer for the complementary use, replacement or repair of the equipment.
- The customer is not entitled in any way to offset its claims against the claims of BePocketWIFI unless the customer's claims are undisputed or have been confirmed by a final court judgement. Even if the customer is a consumer, the above also applies to any right of retention under civil or commercial law, particularly any deductions from recurrent payments to BePocketWIFI based on the alleged non-compliance of the equipment or services. The foregoing shall not limit the customer's request for repayment of all amounts paid to BepocketWIFI that are not actually due.
5.2 LOSS AND DAMAGE COSTS
The customer is solely responsible for any loss or damage to the equipment during the rental period.
To this end, the customer will deliver to BePocketWIFI, upon the conclusion of the contract, a deposit of EUR 150 in the form that will be specified by BePocketWIFI. In case of a complaint, the following amounts will be used:
- Total loss: 150 EUR / - Device only: EUR 135 / - Charger: 10 EUR / - Cable: 10 EUR / - Case: 5 EUR
5.3 LATE FEE
The failure to return the equipment (including all accessories and manuals) within 24 hours of the end of the BePocketWIFI rental period will incur additional charges.
- Return in Belgium : All returns must be postmarked from Belgium no later than the working day following the end of the rental period. All returns must be made using the provided postage-paid return envelope. If this envelope has been lost, the equipment must be returned using a shipping method with a 3 day maximum. This method of dispatch must be paid by the customer.
- Return outside of Belgium : Return the equipment is the customer's responsibility, and for this the customer must choose an "express" delivery option. The address for the shipment: IT-OPTICS SA (BePocketWIFI) - BLD INITIALIS 28 - PARC INITIALIS- 7000 MONS - BELGIUM If we fail to receive the equipment or any part of the equipment within three business days after the rental end date specified, the customer will incur a daily penalty of EUR 10 until the day that the equipment is received. If for any reason the customer is unable to return the equipment including equipment and/or accessories that are lost or stolen during the rental period, the customer must contact BePocketWIFI immediately by email to support@BePocketWIFI.com, so that any subsequent costs are not incurred. For any claim concerning late fees, the customer must provide confirmation of the return of the equipment to BePocketWIFI to ensure that the equipment has been returned as specified in the customer's claim.
The customer is responsible for checking that the delivery method chosen is compatible with the order date and the first day of rental. It is the customer's responsibility to ensure that the delivery of mobile HOTSPOT will be accepted. If the delivery address given by the customer during the reservation phase is not the customer's own address, it is the responsibility of the customer to contact the hotel (or office, third party, etc.) so the they accept the delivery on the customer's behalf. In the event of mobile Hotspots being lost due to the incorrect and/or incomplete address provided by the customer, the equipment will be charged to the customer according to the quantities defined in paragraph 5.2 (Loss and damage costs). Shipping charges include delivery to the address indicated. Shipping costs are individually calculated and are separately presented during the online registration and ordering process.
All returns must be returned by "BPost", the Belgian local mail service, using the enclosed envelope. It must be postmarked no later than one business day after the planned end date of the rental period. BePocketWIFI equipment must be returned in properly working and satisfactory condition. The customer assumes all risk of loss and damage caused by the return of all equipment to our designated address. If the customer leaves Belgium without having returned the device, it is the customer’s responsibility to ship it as soon as possible. It is, thus, the customer’s responsibility to pay international charges for the return shipping. The device must be sent to: IT-OPTICS SA - BLD INITIALIS 28 - PARC INITIALIS- 7000 MONS - BELGIUM
For any complaints about the BePocketWIFI return policies, the customer must be able to present proof of shipping.
8. PRESERVATION OF OWNERSHIP AND USE
The BePocketWIFI mobile HOTSPOT device will always remain the property of BePocketWIFI. The markings on the devices cannot be edited or deleted. The customer may only use the device for purposes specified in this contract. Any use of the BePocketWIFI mobile HOTSPOT contrary to the purposes described in this document is prohibited. It is strictly forbidden for the customer to remove or change parts of the device. The device cannot be used with any SIM card other than the one provided. An instruction sheet is provided to the customer along with the delivery of the mobile HOTSPOT. The customer must use the device carefully. The customer must pay for the damage to the devices.
9.1 REFUND/CANCELLATION/CHANGE POLICY
The customer can cancel the reservation at any time without fees until the unit is delivered. This means three business days before the start date of the "Standard” delivery. It is not possible for the customer to modify, extend or shorten the rental.
9.2 DAILY QUOTA AND LOW SPEED
Our daily quotas are shared, and can be used whenever the customer wishes during the rental period. For example, if a customer rents a device for five days with a quota of 300 megabytes per day, the customer has an available quota of 1,500 megabytes, which can be used as the customer wishes during those five days. If the customer uses more than the quota, the speed could be significantly reduced and the customer may have very limited operational access. This operation is dependent on the network infrastructure that connects the equipment. From that point, it is not always systematically applied. Consumption performed through the equipment remains under the full responsibility of the customer.
9.3 MONITORING OF THE CONSUMPTION
It is the customer's responsibility to monitor consumption using its tools of the device(s) (Smartphone, tablet or laptop).
The BePocketWIFI consumption reports cannot be guaranteed in real time by the operators (sometimes several days after consumption). If the consumed quota exceeds the quota reserved by the customer, BePocketWIFI reserves the right to charge the additional consumption at a fee of EUR 0.20 per megabyte exchanged, as defined by the European Commission and in force since 1 July 2014 (cfr http://economie.fgov.be/fr/consommateurs/Internet/Telecommunications/Roaming/).
10. PRIVATE LIFE
All data provided by the customers during the rental and use of the BePocketWIFI equipment benefits from all of the protections under legislation for the protection of privacy in Belgium. All of the data provided by the registered customer with BePocketWIFI will be explicitly used for the performance of the contract and to inform the customer about the products related to their contractual agreement. In this regard, the customer explicitly agrees to accept and approve the sending of this information also for marketing purposes and in an electronic form, for example, by e-mail. The revocation of consent may be requested at any time but must be made in writing to BePocketWIFI, indicating the e-mail addresses concerned. All of this data is protected by the Belgian law “Act of 8 December 1992 on the protection of privacy in relation to the processing of personal data (Privacy Act)", which states that the customer can access, modify or delete personal data, and can only exercise use this right by writing to:
IT-OPTICS SA - BLD INITIALIS 28 - PARC INITIALIS- 7000 MONS - BELGIUM
11. LIABILITY AND WARRANTY
Except in cases of gross negligence, BePocketWIFI cannot be held liable for inconveniences arising from the temporary unavailability of services under the contract. BePocketWIFI makes no guarantee as to the constant availability of the qualified services of BePocketWIFI.
BePocketWIFI will use its best efforts to ensure that the availability of the respective services can reach the highest possible level of service. In particular, BePocketWIFI will promptly exchange any defective WIFI devices.
12. FINAL PROVISIONS
Any dispute arising out of the contracts concluded between BePocketWIFI and its customers falls under the jurisdiction of the courts of MONS. Any written complaint must be addressed either to the following e-mail support: support@BePocketWIFI.com or to the business address: IT-OPTICS SA - BLD INITIALIS 28 - PARC INITIALIS- 7000 MONS - BELGIUM