1.
“Activation”
means when after making requisite initial payments the
relevant Service specified in the Customer Order is made available by
Whizz
WiFi to the Customer.
2.
“Initial
Period” means the initial billing period as stated in the
Customer Order.
3.
“Minimum
Term” means the minimum period for which the Customer must pay
to avail of the Service. For the avoidance of doubt, this is 12 months
from the
date of Activation.
4.
“Notice”
means the period for which the Customer must give notice to
terminate the Service upon completion of the Minimum Term. Notice
period is 30
days from date of completion of Minimum Term.
5.
“Customer
Order” means any request made by the Customer whether online
or offline or via email to provide the Service.
6.
“Recurring
Charges” means those amounts payable by the Customer to
Whizz WiFi, upon renewing Services after elapse of Minimum Term, on a
recurring
basis for the Service as set out in the Customer Order.
7.
“Service”
means the services or products offered by Whizz WiFi and
specified in the Customer Order.
8.
“Website”
means the website at http://whizzwifi.com or
http://whizzwifi.net.
1.
Whizz
WiFi enables the Customer to make available to their guests (“User”) the use
of wireless internet access via installing Whizz WiFi’s
service at their venue (the “Service”).
2.
Customer
has to place a Customer Order to access Services. Specific
details of the Services, deliverables, payment schedules shall be set
out in
each Customer Order. Services shall be provided to the Customer by
Whizz WiFi
in accordance with details set out in the Customer Order. The Customer
Order
and this
Agreement will constitute the
complete agreement for the Services and will supersede any prior
discussions or
representations regarding the Services.
3.
Whizz
WiFi reserves the right not to
accept a Customer Order at its discretion.
4.
Customer
Orders must not be considered as
accepted by Whizz WiFi unless the Customer has received acknowledgement
by
telephone or email from Whizz WiFi.
5.
If
the Service cannot be activated Whizz
WiFi will notify the Customer as soon as possible and the Customer
Order will
be cancelled.
6.
Whizz
WiFi will render its Service to the Customer on a non-exclusive
basis. You hereby undertake to use the Service of Whizz WiFi for your
commercial, business purposes only and not for personal and
non-commercial use.
7.
You
undertake to use the Service in compliance with the Agreement and
any applicable law, regulation or generally accepted practices or
guidelines in
the relevant jurisdictions.
8.
You
agree that you will not engage in any activity that interferes with
or disrupts the Services (or the servers and networks which are
connected to
the Services).
9.
Access
to the Service on trial basis or free of cost should not be
considered by you as your right to access and use the same. Whizz WiFi
reserves
its right to terminate or withdraw any access to the Services on trial
basis or
free of cost at any point of time.
1.
Services
rendered by Whizz WiFi to the Customer shall be subject to the
payment of fees as set out in the Customer Order. You shall be allowed
access
to the Services only after making payment of prescribed fees to Whizz
WiFi. You
are responsible for paying all fees and applicable taxes in a timely
manner in
accordance with a payment mechanism as set out in the Customer Order.
Fees may
vary based on your location and other factors, and Whizz WiFi reserves
the
right to change any fees at any time at its sole discretion. Any
change, update,
or modification will be effective immediately upon posting through the
relevant
Services. The determination of the fee shall be the sole discretion of
Whizz
WiFi.
2.
The
Customer agrees that upon elapse of the Initial Period, the
Services shall be charged for on an annual basis. The Recurring Charges
for the
Services shall be paid by the Customer in advance.
3.
All
amounts due under this Agreement to be paid by the Customer to
Whizz WiFi shall be paid in full (without deduction or withholding
except as
required by law) and the Customer shall not be entitled to assert any
credit,
set-off or counterclaim against Whizz WiFi in order to justify
withholding
payment of any such amount in whole or in part.
4.
Whizz
WiFi may, at their discretion, charge interest on any overdue
amounts payable from the due date at the rate of 24% per annum.
5.
Whizz
WiFi accepts payment by most debit cards, credit cards and direct
bank transfer. Whizz WiFi uses third party payment gateways to receive
payments
from Customer. Whizz WiFi is not responsible for
delays or erroneous
transactions execution or cancellation of orders due to payment
issues. Whizz WiFi takes utmost care to work with
third party payment
gateways providers, but does not control their systems, processes,
technology and
work flows, hence cannot be held responsible for any fault at the end
of
payment gateways providers.
1.
The
Services shall be provided based on Term specified in the Customer
Order. It is incumbent upon the Customer to avail of the Services for a
Minimum
Term. After elapse of the Minimum Term the Service can be renewed on an
annual
basis upon payment of annual Recurring Charges as specified in the
Customer
Order.
2.
Termination
by either party requires thirty days’ notice. This shall be
calculated from the next day, after completion of the Minimum Term.
3.
If
the Customer terminates this Agreement during the Minimum Term they
will regardless be charged for the remainder of the Minimum Term.
4.
In
event of termination, all payments for the Services successfully
completed shall be paid by Customer.
5.
Any
notification of termination by the Customer must be given in
writing to Whizz WiFi and must be authorised by the contact mentioned
for this
purpose on the Customer Order or a staff member with suitable authority
and
must specify the Service to be terminated and the date on which Service
is to
be terminated.
6.
Termination
notification by Whizz WiFi to the Customer will be made by
email to the contact stated on the Customer Order. The Customer must
inform
Whizz WiFi if the contact needs to be updated.
7.
Termination
by Whizz WiFi shall take effect forthwith if the Customer
has not cleared pending invoices following suspension, the Customer has
committed a material breach of this Agreement, the Customer fails to
pay its
debts when they become due or any meeting is convened for the purpose
of
considering a resolution, or any petition is presented or any other
steps
taken, for the purpose of making an administration order against the
Customer,
or for the Customer’s winding-up or dissolution, or any similar action
or steps
are taken in relation to the Customer and such action or steps are not
withdrawn within 30 days; or any administrator, administrative or other
receiver or trustee or similar officer is appointed over the Customer
or any
steps are taken to do the same to the Customer.
The
termination or expiry of this Agreement
shall be without prejudice to the rights and liabilities of either of
Whizz
WiFi or the Customer accruing up to such date.