GENERAL TERMS AND CONDITIONS
1. VALIDITY OF GENERAL TERMS AND CONDITIONS
The following terms and conditions shall apply to all services rendered by CG Communications SAS, hereafter referred to as MY WEBSPOT, in connection with the hotspot rental service.
Following terms and conditions are provided in the pack proposed to customers in the distribution points on the website https://my-webspot.com
Only MY WEBSPOT’s last general terms and conditions published on the website https://my-webspot.com at the beginning of the rental period shall apply.
MY WEBSPOT may accept variant clauses only in the case of an explicit written agreement.
2. DESCRIPTION OF SERVICES
2.1 HOTSPOT RENTAL
MY WEBSPOT rents out mobile hotspots with internet connection.
The customer registers and books its rental on https://my-webspot.com. Our payment are operated by PAYPAL (https://paypal.com/) and Stripe (https://stripe.com) with an alias of your credit card (virtual Credit Card Imprint). MY WEB SPOT is also registering an authorization for a security deposit (not debited) of 180 euros.
The security deposit will be taken only in case of loss or damage. Customer will be charged within one month after the end of the rental agreement. Description of the “CHARGES FOR LOSS AND DAMAGE” is explained under Sec. 4.3.
2.2 REGISTRATION FOR USING MY WEBSPOT SERVICES
The customer must fill a form and accept the general terms and conditions to use MY WEBSPOT services. The client gives directly, or by the intermediary of the service provider (Hotel, Travel Agency…), on the web browser under https://my-webspot.com the following information:
- First Name
- Last Name
- Address (billing address)
- Email address
- Mobile phone number
- Copy of an official document like passport, driving licence, ID
The last point is a French legal requirement. 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 MY WEBSPOT ENGAGEMENTS
MY WEBSPOT shall use reasonable endeavours to provide Customer a quality of service. However, MY WEBSPOT does not guarantee that the service won’t be interrupted, furnished on due time, safe or fault-free.
Risks with respect to regular wear and tear, will be assumed by MY WEBSPOT, which will promptly repair the damages which materially impairs the function of the Equipment and/or replace the Equipment.
2.4 CUSTOMER ENGAGEMENTS
In using the Equipment or Services provided by MY WEBSPOT, the Customer must not engage in any action:
- that is abusive, illegal or fraudulent;
- that causes the Network to be impaired or damaged;
- that modify the purpose of the hotspot
The Customer shall:
- reasonably protect the Equipment against the risk of destruction, damage, and/or loss through, theft, etc.;
- maintain the Equipment in an orderly and functional state
- not remove any item from it (change the SIM Card).
Upon termination of the Agreement, the Customer shall promptly, return the Equipment to the place it was picked up or, at its own cost and risk, the delivery address within France specified by MY WEBSPOT.
The Customer shall return the Equipment in its original state. If Customer fails to do so, MY WEBSPOT may, at its option, debit the security deposit or a part of it in order to repair such damage. When claim is employed, MY WEBSPOT notifies the Customer within two (2) weeks from the return of the Equipment.
When Customer is in breach of its obligations under this Sec. 2.4, MY WEBSPOT may suspend the Customer’s use of the Service. MY WEBSPOT will notify Customer as soon as reasonably practicable the suspension. During any period of suspension, Customer shall continue to pay all Charges due under this Agreement in respect of the suspended Services.
2.5 DAILY QUOTA AND FAIR USAGE POLICY
Fair usage policy (FUP) is the broadband industry’s attempt at keeping cyber traffic down. The policies are designed to protect the people who might be affected by your downloading. If the Internet Service Provider (ISP) decides to put FUP in place, the ISP may do all or any of following: Limit usage, Restrict data usage, Restrict speed or temporary shut down. Please refrain from downloading movies/videos, playing game and so on. If you continue to use massive amount of data, MY WEBSPOT will not be responsible for any problems accessing the internet or any other restrictions placed by the ISP. For Europe the fair usage in 4G is 1GB per day. Once the customer reaches this limit, the connection speed will be reduced to a maximum of 256kb/s. Outside Europe the fair usage is 512Mb per day. Once the customer reaches this limit, the connection speed will be reduced to a maximum of 256Kb/s
3. START, DURATION AND TERMINATION OF THE CONTRACT
The service contract between MY WEBSPOT and the customer start upon:
- reception of the hotspot from a distribution point (ex : front desk of its hotel);
- or order at MY WEBSPOT website https://MY WEBSPOT.com.
The customer is required to pay a daily rental fee for the hotspot from the rental start until the date of the return. The contract ends as soon as the customer returns the rented hotspot at the original distribution point, or the address within France specified by MY WEBSPOT.
4. CHARGES AND PAYMENT
4.1 PAYMENT CONDITIONS
The payment of MY WEBSPOT services is made by credit card.
The credit card transaction will be processed and secured by our providers PAYPAL (https://paypal.com) and Stripe (https://stripe.com).
4.2 CHARGES FOR USE
- MY WEBSPOT states all Charges inclusive of VAT, unless specified otherwise.
- MY WEBSPOT maintains the right to debit the Customer the amount due for a late return of the equipments in accordance with Sec. 4.4.
- If the customer reasonably and in good faith disputes an invoice or part of it, Customer shall notify MY WEBSPOT of such dispute within 12 days of receipt of the invoice, providing details of why the invoiced amount is incorrect and, if possible, how much the customer considers is due.
- MY WEBSPOT require a reasonable security, such as a credit card guarantee, from the customer upon conclusion of the Agreement for claims under Sec. 4.3. For this purpose, MY WEBSPOT will ask for authority from the card issuing company for an amount equivalent to 180 Euros for any lost device. This amount will be lowered to 90 Euros if the insurance was purchased.
- The customer shall not be entitled to set off any of its claims against claims of MY WEBSPOT, except where the customer’s claims are undisputed or have been confirmed by final court judgment.
4.3 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 180 for a 4G+ hotspot 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 or device loss: EUR 180
- Charger: EUR 10
- Cable: EUR 10
- Transportation case: EUR 15
- Car charger (if any): EUR 15
- Extra battery (if any): EUR 15
The insurance cover the risk of loss of the Pocket Wifi and any aesthetic or technical damage. The insurance reduce the deposit to an amount of 90€. In case of full loss of the pocket Wifi the maximun amount that can be debited amounts to 90€.
4.5 LATE FEES
Failure to return the equipment (including all accessories) promptly to MY WEBSPOT will incur additional late charges.
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 in time, including but not limited to the equipment being lost or stolen during the rental period, the customer should contact MY WEBSPOT immediately via our hotline: 01 85 08 96 01, email to firstname.lastname@example.org, 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 MY WEBSPOT to ensure that the equipment was sent back as the customer claims.
When ordering on the website, 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.
Returns should be made either by sending back the device to MY WEBSPOT’s address (MY WEBSPOT , 23 rue d’Aboukir, 75002 Paris, FRANCE) or by using the provided prepaid return envelope. Each prepaid envelope is valid ONLY from the selected country.
- Return at MY WEBSPOT office
Return to My Webspot office should be made at most 3 days after the rental’s ending date.
- Postal return
All postal returns must be postmarked from the country of origin at most 3 days after the rental’s ending date.
- Self returns
The device can also be returned at the customer’s expense by shipping it directly to MY WEBSPOT’s office :
CG Communications – MY WEBSPOT
23 rue d’Aboukir
MY WEBSPOT 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.
For any complaints related to the MY WEBSPOT return policies the customer must be able to proof the shipment.
7. RESERVATION OF TITLE AND USAGE
MY WEBSPOT hotspot device shall always remain the property of MY WEBSPOT. It is strictly forbidden to disguised, change or remove any notes or parts from the devices. The customer is only entitled to use the device for purpose stated in this contract. Any use of the MY WEBSPOT hotspot contrary to the purposes described herein is strictly prohibited.
8. REFUND / CANCELLATION / MODIFICATION POLICY
If you wish to modify or cancel your order, please contact us by e-mail or by phone.
Fees linked to the modification or cancellation of your order:
- Any modification of the order is free, as long as the information is received more than 5 days before the start of the rental. After this, you will be charged the shipping costs,
- For any cancelation made more than 7 days before the rental starts, we will only charge you a 1 day rental fee,
- For any cancelation made between 1 to 7 days before the rental starts, you will be charged for 2 days of usage and delivery fees (delivery and return),
- For any cancelation made during the rental period, you will be charged 30% of the rest of the rental.
All data generated by the customer will explicitly be used by MY WEBSPOT for purposes related to the contractual fulfillment and to inform the customer about products related to their contractual agreement. In this regard the customer explicitly agrees that they approve the mailing of such information 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 MY WEBSPOT, stating the affected email addresses.
Any such data 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: email@example.com.
10. LIABILITY AND WARRANTY
MY WEBSPOT is not responsible for detriments arising as a result, that the proposed service is not or not constantly available. MY WEBSPOT provides no guarantee of constant availability of the relevant services of MY WEBSPOT. MY WEBSPOT will use its best efforts to ensure that the availability of the respective services provided reach the greatest possible level of service; particularly MY WEBSPOT will exchange defective WIFI devices immediately, and will not settle for days or periods of non-usability due to defective devices.
For any request please write an e-mail to firstname.lastname@example.org