1. VALIDITY OF GENERAL TERMS AND CONDITIONS
This Rental Agreement sets forth the conditions on which we will provide the services offered through the xoxowifi.com website, hereafter referred to as XOXO WiFi.
- 1.1 The headings in this Agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.
- 1.2 This Agreement is personal to you and may not be assigned nor transferred by the Customer to any other person, nor can this Agreement be modified (or any provision waived or modified) except by written instrument signed by XOXO WiFi or its authorized agent.
- 1.3 This Agreement constitutes the entire agreement between XOXO WiFi and the Customer with regard to the subject matter hereof, and there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the Device or the Services, other than as set forth herein.
- 1.4 XOXO WiFi is not liable for any lack of privacy or security which may be experienced with regard to the Services.
- 1.5 The clauses hereunder may be amended or modified by XOXO WiFi at its discretion at any time by providing notice to Customer of such changes either as a note on the website screen presented immediately after completion of the log in by a Customer, or by email address of the Customer, or by any other reasonable means.
2. DESCRIPTION OF SERVICES
2.1 MOBILE HOTSPOT RENTAL
XOXO WiFi rents out mobile wifi hotspots which can be used in more than 100 countries, simultaneously by five people (or five devices), without paying data roaming charges.
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. More information about calculation of the price of "damaged or lost devices" is explained under Sec. 4.2
2.2 REGISTRATION FOR USING XOXO WiFi SERVICES
We can rent hotspot only to adults who are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Rental Agreement, and to abide by and comply with the terms set forth herein.
The customer must fill a order form to use XOXO WiFi directly from the web browser under http://www.xoxowifi.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
2.3. XOXO WiFi ENGAGEMENTS
XOXO WiFi 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.
XOXO WiFi 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). XOXO WiFi’s Network Partner may suspend Services: XOXO WiFi shall endeavour to keep all such suspensions to a minimum and shall give Customer notice of such suspensions where reasonably practicable.
- a) in order to carry out maintenance or testing of the Network;
- b) during any technical failure of the Network,
- c) when it is necessary to safeguard the security and integrity of the Network or to reduce the incidence of fraud;
- d) where it identifies Artificially Inflated Traffic or
- e) due to Emergency Planning Measures.
2.4. CUSTOMER ENGAGEMENTS
In using the Equipment or Services provided by XOXO WiFi, 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
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 Poland specified by XOXO WiFi. The Customer shall return the Equipment in its original state. If Customer fails to do so, XOXO WiFi may, at its option, debit the security deposit or a part of it in order to repair such damage. When claim is employed, XOXO WiFi 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, XOXO WiFi may suspend the Customer’s use of the Service. XOXO WiFi 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 REDUCED SPEED
The operator makes every possible effort to provide better quality data connection. By the quality meant here the stability of the network connection, transmission speed upload and download data.
In countries with 4G coverage:
If you use more than 1GB during the day, we may have to reduce your speed to not more than 256 kb/s (upper speed limit) in the case of data downloaded, and no more than 128 kb/s (upper limit speed) for sent data. Once you reach the limit, the connection speed will be reduced but you will still be able to use your XOXO WiFi device and connect to the internet.
In countries with 3G coverage:
If you use more than 700MB during the day, we may have to reduce your speed to not more than 256 kb/s (upper speed limit) in the case of data downloaded, and no more than 128 kb/s (upper limit speed) for sent data. Once you reach the limit, the connection speed will be reduced but you will still be able to use your XOXO WiFi device and connect to the internet.
List of countries 3G / 4G is available in FAQ
3. DELIVERY & RETURN
When you place an order to rent the XOXO WiFi, we will ask you to designate an address to which such equipment will be delivered and also ask for your Rental Start Date and Rental End Dates. The equipment, along with an accompanying user guide, will then be delivered to your designated address before your arrive at your destination. It is your responsibility to inspect all equipment upon receipt and to verify that it is in good working order and condition. In the event that we deliver the equipment before your designated departure date and you are not available to accept or fail to accept the delivery for any reason, then such equipment shall still be deemed accepted and you will still be responsible for the return of the equipment and for all charges.
XOXO WiFi 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 are calculated individually and are shown separately during the order process.
All returns should be returned by a local mail express service or other generally recognized courier service in accordance with our shipping instructions, and postmarked no later than two (2) days following your Rental End Date. The Equipment shall be returned in good working order and condition. You assume all risk of loss and damage from the return of all Equipment to our designated address. We therefore recommend that you choose "recorded deliveries" when possible. You agree to pay for all return shipping charges at the time of the rental. You agree to take responsibility and pay for all return shipping charges upon the return of the Equipment for any country not mentioned above.
The address for the shipment is:
a) The payment of XOXO WiFi services is made by credit card. The credit card transaction will be processed and secured by our provider PAYU (https://www.payu.pl/
) or PayPal (https://paypal.com
b) 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 200Є 250$ 850PLN for XOXO hotspot pack, must be secured and is retained in the event of a claim. Any charges for damaged or lost Equipment will be billed directly to the credit card used at the time of purchase.
c) The customer shall not be entitled to set off any of its claims against claims of XOXO WiFi, except where the customer’s claims are undisputed or have been confirmed by final court judgment.
4.2 CHARGES FOR USE OR LOSS AND DAMAGE
- Full loss: 200Є 250$ 850PLN
- Device loss: 170Є 210$ 720PLN
- Multiadapter: 15Є 20$ 65PLN
- Etui: 15Є 20$ 65PLN
- Power bank: 25Є 30$ 110PLN
- Car charger: 10Є 12$ 45PLN
Please note that we reserve the right to institute collection procedures against you in the event that you fail to return our Equipment to us as required by this Rental Agreement or fail to pay any service or damage charges or late fees that you incur. If it becomes necessary for us to institute collection procedures against you, you agree to pay our costs of collection, including without limitation reasonable attorneys' fees. Any late fees that we collect will not waive any other right or remedy that may otherwise be available to you under this Agreement.
4.3 LATE FEES
Failure to return the device (including all accessories and user guides) promptly to XOXO WiFi will incur additional late charges.
In the event that we fail to receive the device, or any portion of the device, 3 business days after the specified rental end date, the customer will incur a daily penalty fee of 8.9 Є 7.2 £ 10.2 $ 38 PLN
until the date the device is received. If for any reason the customer is unable to return the device to us, including but not limited to the device being lost or stolen during the rental period, the customer should contact XOXO WiFi immediately via 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 device to XOXO WiFi to ensure that the device was sent back as the customer claims.
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 100Є 125$ 425PLN. In case of full loss of the pocket Wifi the maximun amount that can be debited amounts to 100Є 125$ 425PLN .
6. RESERVATION OF TITLE AND USAGE
The XOXO WiFi mobile hotspot device shall always remain the property of XOXO WiFi. Any notes on the devices may not be changed or removed or be disguised. The customer is only entitled to use the urposes 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.
If you wish to cancel your service without incurring a cancellation fee, you will need to cancel 7 working days before you are scheduled to receive the device. You have two choice to cancel the order:
If your device has already been dispatched, then we will not be able to refund relevant charges.
In case of cancellation of rental by the customer, the return of money shall bear all costs associated with the implementation of the payment, ie. the costs of intermediary banks / correspondent, currency conversion and the costs of its bank, which carries account.
8. LIABILITY & REPRESENTATIONS
8.1 XOXO WiFi warrants that the Equipment will be delivered in good working order and condition when it is delivered to the Customer, but XOXO WiFi cannot be responsible for the performance of the Device or the operation of the Network to which the Device is connected.
8.2 The Customer acknowledges that Services may be temporarily interrupted, delayed, or otherwise limited due to a variety of causes, including but not without limitation to transmission limitations or interruptions, atmospheric conditions, system capacity limitations, Network coverage, location / placement, wireless signal strength, Network system, or Device failure.
8.3 XOXO WiFi does not guarantee the correct functioning of Voice over IP (VoIP) applications such as Skype, Google Voice, Viber, etc. as it fully depends on the network infrastructure state, which is out of XOXO WiFi's control.
8.4 Subject to the clauses hereunder, the Customer shall be solely responsible for and shall indemnify and hold harmless XOXO WiFi against all claims, demands and liability arising as a result of the lease, possession, use, condition, operation or misuse of the Device by Customer or third parties, or of the services provided hereunder, whether in breach of the clauses hereunder or otherwise arising howsoever. This indemnity provision shall survive the termination of this Agreement.
8.5 XOXO WiFi will in no event be liable for nor shall the Customer make any claim against XOXO WiFi for any liability, claim, loss, injury, damage or expense of any kind (including lost profits) whether direct, indirect, incidental or consequential caused by the Device or the failure of the Device to operate correctly or at all, or for any delay, faultiness (such a degradation of service) or failure of the services.
In the event of any failure to meet the Company Warranty, our sole liability and your sole and exclusive remedy will be to repair or replace the Equipment at our expense. If we replace the Equipment, you will receive the same or reasonably similar Equipment to use for the remainder of the Rental Period. It is your obligation to notify us immediately in the event that you experience any problem with your Equipment.
DISCLAIMER OF WARRANTIES
COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ORAL OR WRITTEN, REGARDING THE EQUIPMENT OR THIS RENTAL AGREEMENT. WE MAKE NO ENDORSEMENTS REGARDING ANY THIRD PARTY LISTED IN OUR USER GUIDE, AND CANNOT WARRANT OR MAKE ANY REPRESENTATION ABOUT THE QUALITY OF THEIR SERVICES. WE CANNOT WARRANT OUR EQUIPMENT WILL OPERATE UNINTERRUPTED OR ERRORFREE, THAT IT WILL OPERATE PROPERLY ON ALL WIRELESS NETWORKS, THAT IT WILL MEET ALL OF YOUR NEEDS, OR THAT ANY THIRD PARTY SERVICES THAT YOU ACCESS THROUGH THE USER GUIDE WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR NEEDS. WE CANNOT BE RESPONSIBLE FOR THE LEGALITY, ADEQUACY, ACCURACY, QUALITY, OR OPERATION OF ANY THIRD PARTY SERVICES. COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE EQUIPMENT, OUR RENTAL SERVICES, AND ANY THIRD PARTY SERVICES ACCESSED THROUGH OUR USER GUIDE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY FOR THE USE OF THE EQUIPMENT AND FOR ANY RELIANCE ON ANY THIRD PARTY SERVICES. While we will make every effort to erase all personal information left on returned Equipment, we cannot be responsible for ensuring the protection of personal information left on returned Equipment. YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR ERASING PERSONAL INFORMATION PRIOR TO RETURNING EQUIPMENT RENTED PURSUANT TO THIS RENTAL AGREEMENT.
TO THE EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES SHALL IN ANY EVENT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OR REPLACEMENT GOODS AND SERVICES, COVER, OR RELIANCE DAMAGES, OR ANY OTHER TANGIBLE LOSS ARISING OUT OFOR IN CONNECTION WITH THIS AGREEMENT,WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WE AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Our total aggregate liability to you from all causes of action and under all theories of liability will be limited to and will not exceed the total amount of all fees paid by you under this Rental Agreement. This limitation will apply notwithstanding the failure of the essential purpose of any remedy hereunder.
By agreeing to this Rental Agreement, you agree to indemnify, defend, and hold harmless Company, our officers, directors, employees, independent contractors, representatives, agents, and other customers against any and all claims, demands, losses, costs, or expense, including but not limited to reasonable attorney's fees, in any way connected with (a) a breach of the terms and conditions of this Rental Agreement; and (b) any dispute between you and any third party service, which you engaged through our user guide.
We reserve the right to discontinue our rental services or terminate and/or amend this Rental Agreement at any time at our sole discretion. Expiration or termination of this Rental Agreement will not relieve you of any payment obligations hereunder. You agree that we may assign this Rental Agreement without prior notice in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the terms of this Rental Agreement, no matter how long continuing or how often repeated, shall be deemed a waiver of any subsequent breach thereof, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any provision of this Rental Agreement is held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining provisions shall not be affected by such holding. The meaning of that provision will be construed to the extent feasible, to render the provision enforceable. If no feasible interpretation will save such provision, it is to be severed from the remainder of the terms of this Rental Agreement, which are to remain in full force and effect. This Agreement contains the entire understanding of the Parties with respect to the subject matter contained herein, and shall supersede all prior agreements and understandings, whether written or oral.
THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF POLAND WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES. IN ANY DISPUTE UNDER THIS AGREEMENT, EACH PARTY HEREBY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF ŁÓDŹ, POLAND.