General Terms and Conditions
1 Contracting parties
Contractors are Surf-Corner S.L. (hereinafter called SC), 35627 Costa Calma , with tax id B35743004, listed in the merchant register of Fuerteventura, in "tomo 83, folio 121, hoja IF-4070, inscripción 1a" and the customer.
2 Subject matter
The following provisions set forth the terms that, in conjunction with the Spanish Telecommunications Law (ley25/2007), shall govern the use of Public WLAN (Wireless Local Area Network) service of SC by the customer. Public WLAN provides customers with wireless access to the Internet. SC offers this service under the name GLOBAL-HOTSPOT®. Condition prior to the use of this service are the login details, the customer receives upon successful registration to the GLOBAL-HOTSPOT® portal. These Terms and Conditions also apply to customers who receive login details to the GLOBAL-HOTSPOT® network by a partner of SC.
3 Services provided by Surf-Corner
SC provides, within the scope of technical and operational feasibility, the following services:
3.1 Access to the internet: SC provides the customer with access to the internet at all locations in the GLOBAL-HOTSPOT®network. The transmission rate during use depends, amongst other things, the network capacity utilization of the internet backbone, the transmission rate of the accessed server of the specific content provider and the number of users at the specific GLOBAL-HOTSPOT®.
3.2 Security: The data transfer within the GLOBAL-HOTSPOT® network and to the internet is transmitted in unencrypted form. Accordingly, it may be possible for a third party to gain unauthorized access to the data being transferred. The data traffic within the WLAN coverage area can only be protected by the customer using special security measures (such as VPN software or SSL encryption). For security reasons, access to the Internet via a Hotspot shall be automatically interrupted after 6 hours (session timeout). The connection will automatically be interrupted after 15 minutes in the case of inactivity for security reasons. The internet connection is inactive when no communication takes place between the PC and a Hotspot. Disconnection to the internet is also carried out after 15 minutes, if the internet connection is not properly terminated (on the GLOBAL-HOTSPOT®portal with the logout button). Immediate reconnection is possible.
3.3 Authentication/login details: The customer is authenticated by the GLOBAL-HOTSPOT® network on entering his personal access data. The required login details - username and password - are needed to be set by registration before using the Internet service. For security reasons, the transfer of sensitive customer data, such as username and password, to the server of SC is generally SSL encrypted.
3.4 Service: SC deals systematically with the development and improvement of their product and service portfolio, which is aimed at the individual wishes and expectations of customers. Conforming to best practice procedures in the industry for an active service management, SC is committed to early detection of potential risks and providing appropriate solutions to overcome them. Should you still encounter technical problems, please do not hesitate to contact our customer service team at the following phone number +34 639 25 24 71 from Monday to Friday between 9am and 6 pm. SC will always endeavor to carry out routine maintenance outside normal working hours, and indicate, if possible, other maintenance or failure of service on our website www.global-hotspot.com in advance. We reserve the right to change our service or parts of it without prior notice or to temporarily suspend our service in case of urgent repair work.
4. The customer's duties and obligations
4.1 The customer has, in particular, the following duties:
a) SC offers the service for activities such as the use of e-mail messaging, instant file transfer, web browsing and access to corporate intranets. The transfer of large amounts of data and, in particular, the sustained transmission of large amounts of data is not allowed. The hosting of a web server or other server by using our service is prohibited.
b) Any misuse of the GLOBAL-HOTSPOT® service is prohibited; customers shall refrain, in particular, from sending unsolicited messages or information to third parties for advertising purposes (spamming), the services shall not be used to attempt unauthorized access to information and data or unauthorized intrusion on data networks or for the automatic, unauthorized and hidden transfer of executable routines (e.g. spyware, dialers, etc.) onto computers of Internet users.
c) The customer shall not disseminate any content that is illegal or in violation of accepted moral standards. This shall include, in particular, content that, as defined in the sense of the law as incites hatred and violence against segments of the population, induces the commission of criminal offences or glorifies or trivialises violence, is sexually offensive or pornographic, is likely to seriously endanger the moral welfare of children or juveniles or affect their general welfare, or that could damage the reputation of SC.
d) It is prohibited to enter the Network Settings own DNS servers in order to use them for other purposes than for the resolution of a DNS entry.
e) By using the services provided by SC, the customer declares that he will not harm or interfere with the Service or disrupt access to the Service or do anything that might compromise or interrupt the functionality of the Service.
f) A network connection will always be ended by the customer by “logout”. If a connection has been otherwise terminated, the client should switch off the device to ensure that no unintended connections are set on the Internet.
g) Personal access data may not be provided to third parties and must be protected against third-party access. Personal access data has to be changed before the first login and then at regular intervals for security reasons. If there is reason to suspect that the access data has been disclosed to unauthorized persons, the customer must change the data immediately. Storage on a PC, USB memory stick or CD-ROM is only allowed in encrypted form.
h) SC and its agents shall be indemnified against all claims by third parties that are based on the illegal use of GLOBAL-HOTSPOT® and the services connected with GLOBAL-HOTSPOT® by the customer or with his consent, or which arise, in particular, from litigation involving data protection, copyright, or other laws in conjunction with the use of Hotspot. If the customer suspects or should suspect that a violation of this nature is about to occur, he shall notify SC of this without undue delay.
4.2 If the customer substantially infringes the obligations incumbent upon him, and if he does not cease acting in breach of the agreement and remedy the situation without undue delay despite a request to do so, SC shall be entitled to prevent access to the GLOBAL-HOTSPOT® at the customer’s expense.
5 Responsibility for content
The customer himself shall be responsible vis-à-vis SC and third parties for the content he retrieves or posts via the GLOBAL-HOTSPOT® or that is disseminated by him in any manner whatsoever. The content shall not be subject to any checks by SC.
6 Use by third parties
6.1 The customer shall not be permitted to make any GLOBAL-HOTSPOT® access data available to third parties commercially or in any other manner for a fee.
6.2 The customer shall also be required to pay the fines incurred as a result of unauthorized use of the GLOBAL-HOTSPOT® by third parties if and to the extent that the customer is responsible for this use.
7. Liability
7.1 The customer acknowledges that using the service and surfing the web are at their own risk. Neither SC nor other parties who are involved in creating, producing or supplying the Service are responsible for:
(i) direct or indirect loss arising from the use or inability to use the service or
(ii) such costs arising from goods, services, communications or transactions that are purchased, acquired, obtained or completed through the Service or
(iii) direct and indirect damages, including lost profit, missed savings and data loss caused by the use of the Services.
8. Protection of data privacy
8.1 SC fully complies with the regulations concerning data collection, data processing, data storage, data transmission and/or data deletions within the existing laws and legislation for protection of the privacy and/or data privacy.
8.2 SC ensures to use or disclose none of the received information by the customer against the applicable laws or legal regulations.
8.3 SC will not curtail, monitor, record or save the traffic, unless it is necessary for the applicable laws or legal regulations; or it is necessary to complete the commitments accompanying this agreement; or it is essential to operate and to maintain the GLOBAL-HOTSPOT®network.
9 Changes to General Terms and Conditions (GTC), service description and prices
9.1 The Terms and Conditions can be amended, provided such an act does not affect essential provisions of the contract and it is necessary to adapt developments which were not foreseen when the contract was concluded and their non-consideration would significantly interfere the balance of the contract. Major provisions are, in particular, those concerning the nature and extent of the services, including arrangements for the cancellation. In addition, modifications of the GTC can be made as far as this is necessary to eliminate difficulties in the performance of the contract due to loopholes arising after the contract is concluded. This may be particularly the case if the law changes and one or more provisions of these terms and conditions are affected.
9.2 The service description can be changed if this is necessary within reason, the customer thereby is not worse off objectively, compared to the former service description (e.g. maintenance or improvement of functionality) and it will not significantly deviate from this. A good reason can be, if there are technical innovations in the market for the benefits of this service or if a third party, which supplies SC with necessary up-front services, change their service offer.
9.3 The agreed price may be increased to compensate increased costs. This is, for example, the case if a third party, of which the SC obtains required up-front services, increase their prices. Furthermore, advances in price are possible to the extent, in which it is caused by an increase in the spanish VAT or it is mandatory by the spanish ministery or the CMT (Comisión del Mercado de las Telecomunicaciones) on the basis of regulatory requirements.
9.4 The announcement of changes to these Terms and Conditions is made by the allocation on the website of GLOBAL-HOTSPOT®. Contractors are informed of changes to these Terms and Conditions by e-mail. These amendments are considered to be accepted if these are not contradicted in written form within two weeks of notification.
10 Other provisions
10.1 A generally accessible, complete and valid price list is available at www.global-hotspot.com.
10.2 SC may assign its rights and obligations in accordance with the terms and conditions to any third party, and after such transfer SC is exempt from all further obligations of this contract.
10.3 If any provision of these policies and regulations or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of these policies and regulations which can be given effect without the invalid provision or application, and to this end the provisions of these policies and regulations are severable. In lieu thereof there shall be added a provision as similar in terms to such illegal, invalid and unenforceable provision as may be possible and be legal, valid and enforceable.
10.4 In the case of disputes, the customer and SC are obliged to seek an amicable solution without the intervention of a court. In the event that an agreement can not be reached, the court of jurisdiction is at the domicile of SC’s registered office.
Version of December 2010 - Fuerteventura, ES