Venue Owners - Terms and Conditions

This section outlines the terms and conditions of use for venue owners of Surf2Go networks. You will find terms and conditions for mobile users here.

Conditions for Surf2Go HotSpot in a Box

1: Interpretation

"Surf2Go" means Surf2Go of 30a, Lough Road, Ballinderry, Co. Antrim, Northern Ireland.

"Broadband Service" means a minimum of 512 Kbps broadband Internet connection.

"Conditions for Surf2Go Wireless Internet Service" means the conditions for the use of the Wifi Service to be displayed on each Site.

"Contract" means, in order of precedence, these Conditions, the Charges Schedule and the Order Form.

"Customer" means the venue owner named on the Order Form. Surf2Go may accept instructions from another person who Surf2Go reasonably believes is acting with the Customer's authority or knowledge.

"Equipment" means the equipment  supplied by Surf2Go to the Customer under this Contract to be installed at a Customer Site in order for Surf2Go to provide the Wifi Service.

"Helpdesk" means means Surf2Go's customer service helpdesk as notified to the Customer and Users from time to time.

"Minimum Period" means the first 3 months of the Service beginning on the Operational Service Date or any other minimum period specified on the Order Form.

"Order"means the order to be completed by the Customer on line at www.surf2go.com (or such other ordering method made available by Surf2Go) for the provision of Equipment.

"Rights"means the rights granted to Surf2Go by the Customer to enable Surf2Go to:

• enter a Site to undertake any reasonable market research, assessment or review of the Wifi Service under prior arrangement with the Customer;
• test, if necessary, the Wifi Service from the Customer premises or a Site; and
• include the Customer's Site address in any on line and paper publications detailing sites where the Wifi Service is made available to Users.

"Wifi Service Commencement Date"means the date when the Wifi Service is first made available.

"Site" or "Sites(s)"means the property owned, leased or occupied by the Customer where the Surf2Go installs the Equipment.

"Wifi Service"means Surf2Go's public wireless LAN service known as Surf2Go Wireless Internet Service, which Surf2Go provides to Users.

"Users"means a person who uses or attempts to use the Wifi Service from a Site.

2: Duration of contract

The Contract begins on the date that Surf2Go confirms acceptance of the Order. An order will only be accepted when a suitable site survey has been carried out.  The Contract is for the Minimum Period and will continue thereafter until terminated by either party in writing to the other.

3: Ownership  and maintenance of equipment

3.1 Surf2Go retains ownership of any and all equipment supplied under the terms of this contract. This includes but is not limited to

• Primary Access Points
• Secondary Access Points
• Networking Hubs and switches
• Power adaptors and dual sockets
• Leaflet holders and leaflets

3.2 Surf2Go will use reasonable endeavours to provide the Equipment by the date agreed with the Customer but all dates are estimates and Surf2Go has no liability for any failure to meet any date.

3.3 The Customer must notify Surf2Go if the equipment becomes damaged or faulty, and may be liable for replacement costs up to a maximum of the current retail value for the item.

3.4 Risk in the Equipment passes to the Customer at the time of delivery and installation, but the Customer will not be liable for any loss or damage caused by Surf2Go's negligence.

4: Provision of Service - Installation of Equipment

4.1 Surf2Go will install the Equipment at the Site in accordance with the terms of this Contract. In addition, to enable the use of the Equipment, the Customer must provide, without limitation, the following facilities:

• a Broadband Service;
• cabling and power supplies;
• a standard Ethernet port; and
• operation and maintenance of the Equipment.

4.2 Surf2Go will make available e-mail and telephone support to the Customer for Equipment. This support is not available to any other hardware not supplied by Surf2Go which the Customer connects to the Equipment.

4.3 Surf2Go will review card sales for each venue on a quarterly basis starting from the date of installation.  Each venue is expected to sell a minimum average of 20 pounds worth of cards per month (retail price).  Venues with sales figures below this level may have their installation removed.

4.4 In the event of Surf2Go discontinuing service, all equipment will be removed from the customer premises within 7 working days. A full refund will be provided on any unused pre-pay vouchers. Installation fees are not refundable.

5: Service Operation

5.1 The Customer accepts that the Wifi Service is not fault free. The Customer will report any faults by telephone or email to the Help Desk. Surf2Go will have no liability if the Wifi Service is unavailable for any reason but will correct faults as soon as it reasonably can. Surf2Go will periodically check the physical state and function of the Wifi service devices.  Faults on Broadband Service are the responsibility of the Customer's broadband supplier.

5.2 Surf2Go may temporarily suspend the Wifi Service because of an emergency or for operational reasons, maintenance or improvements. The Wifi Service will be restored as soon as possible.

5.3 Surf2Go will allow Users to access the Wifi Service subject to the Conditions for the Surf2Go Wireless Internet Service.

5.4 Surf2Go will offer some web content free of charge to those users who do not pay for the Wifi Service.  Such web content will under the sole control of Surf2Go. Free content can (at the customers request) include specific web sites.

5.5 The Customer accepts that some Users will purchase Surf2Go access from another Surf2Go Customer (or, on occasion,  directly from Surf2Go) but may redeem part of that access while using the facilities of the Customer. By allowing this, Users may roam from one Customer site to another.

5.6 Surf2Go will offer scratch cards to the Customer at 30% below the recommended retail price, or at the agreed discount percentage.

5.7 Surf2Go will refund 25% of the retail price paid by Users directly to Surf2Go when purchasing using credit cards or other online mechanisms when the purchase is made in connection with the Customer Site.

6: Customer Responsibilities

6.1 The Customer will display in a prominent place at the Site(s) such reasonable advertising, marketing and other material as Surf2Go may provide in relation to the Wifi Service including without limitation the Conditions for Surf2Go Wireless Internet Service.

6.2 The Customer will:

• not do anything likely to damage or adversely affect Surf2Go's brand or reputation, obliterate or deface any words or signs for the Wifi Service, or authorise any other person to do so;
• pay all electricity charges in respect of the use of electrical power for the purpose of operating the Equipment.

6.3 The Customer is responsible for obtaining the consent of its broadband supplier before connecting the Equipment to enable the use of Wifi Service.

7: Misuse

7.1 The Customer will take all reasonable steps to ensure that the Wifi Service, the Equipment and the Customer's facilities detailed in paragraph 4.1 are not used in any way that:

• does not comply with the terms of any legislation or that is in any way unlawful; or
• would put Surf2Go in breach of the terms of any agreement Surf2Go has with any public telecommunications operator, notified in writing by Surf2Go to the Customer.

7.2 The Customer will give Surf2Go 30 days prior written notice of the introduction of any additional provider of services similar to the Wifi Service at the Site.

8: Limitation of Liability

8.1 Surf2Go is not liable to the Customer, either in contract, tort (including negligence) or otherwise for any direct or indirect loss of profits, business or anticipated savings, nor for any indirect loss or damage or for any destruction of data.

9: Termination of Contract

9.1 Either party may terminate this Contract on 28 days notice to the other such notice to expire after the end of the Minimum Period.

10: Breach of Contract

10.1 Either party may terminate this Contract:

• immediately on notice if the other party commits a material breach of this Contract, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so; or
• immediately on notice if the other party commits a material breach of this Contract which cannot be remedied; or
• on reasonable notice if the other party is repeatedly in breach of this Contract and fails to remedy the breach within a reasonable time of a written notice to do so; or
• immediately on notice if the other party is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of its creditors, or if it goes into either voluntary (otherwise than for reconstruction or amalgamation), or compulsory liquidation or a receiver or administrator is appointed over its assets, or if the equivalent of any such events under the laws of any of the relevant jurisdictions occurs to the other party.

10.2 If either party delays in acting upon a breach of this Contract that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Contract, that waiver is limited to that particular breach.

11: Transfer of Rights

Neither party may transfer any of their rights or obligations under this Contract, without the written consent of the other.