Terms of use

TERMS OF USE

ACTIVATION

Captive.net will notify the customer during the trial period on the procedure to prolong the service. Captivnet will always forward the customer to a reseller in the region if there are any. If the customer has no reseller in his region there is an option to use the service direct and the credit card entered during the trial subscription will be used to send the usage charges. Captivnet reserves the right to deny an order at its own discretion.

PROVISIONING

Since the technical requirements and configuration may change during the course of the service, Captivnet will notify the customer and all related parties of the change beforehand in order to avoid service interruption.

TERM

Captivnet has a pay-as-you-go subscription that can be cancelled at any time, without financial compensation. The balance of what is used up to the cancelation will still be charged. Reserved capacity that was bought will be lost of the service is cancelled.

USE

The customer is responsible for assigning, revoking and securing administrator roles and password policies. The customer is responsible for the data put onto or retrieved from the Captivnet cloud platform by one of the administrators, including customer data. The use of this data should be in line with all the guidelines and regulations like the Data Protection Act. The service cannot be used for any illegal activity or to publish offensive, abusive, indecent material or material that breaches any copyright. Captivnet is not responsible for the equipment on-site, including but not limited to a loss of service due to a local failure, firmware update of on-site equipment, or any other failure on the local network or the network up to the Captivnet cloud service.

CHARGES

Captivnet charges monthly based on the usage of the past 4 weeks. Charges are calculated per unique device per week, so recurring use from the same device during the same week will be considered as single use. The charge will be increased with the usage charges of additional services such as but not limited to SMS. Charges of these services can be retrieved from the Captivnet cloud platform in the billing section. Charges are automatically charged to the correct party either the Distributor, reseller or end-user by the means of credit card (Visa or MasterCard). Reserved capacity that is bought is due in full. Failure in the payment processing will immediately be notified to the correct party, being the distributor, reseller or end-user and after 14 days Captivnet reserves the right to suspend the service until the balance is paid in full. Disputes, when the customer, reseller or distributor disputes the invoice, this has to be sent to Captivnet in writing 7 days after the invoice was sent. Both parties should act in good faith trying to resolve the issue and if the dispute is not solved within 14 days Captivnet reserves the right to suspend the service.

PROFITS

Captivnet is a billing platform so the end-user can earn money operating the hotspot by charging the clients for the use of the hotspot through credit card or PMS (hospitality). The revenue generated by credit card which is collected by the Captivnet will be wired to the end-user only giving that the end-user if a valid business and allowed to charge the users for using this hotspot. Captivnet cannot be held responsible for claims related to the fact the end-user is not allowed to bill the clients. The revenue generated by this service will be deducted with a service charge, being 0.5 euro per transaction and 4 percent of the total amount. Captivnet will make sure its platform is patched for all discovered vulnerabilities and maintain a PCI DSS compliance.

DATA PROTECTION

Captivnet shall be entitled to store the customer data as entered by the end-user / reseller or partner and contact them related to operational notices about the service. Captivnet may also contact the end-user related to promotional offers and other commercial offerings of Captivnet. If the customer wishes not to receive these notification or commercial offerings captivnet should be notified in writing.

LIABILITY

Captivnet gives no warranty and makes no representation in respect of the Services including, without limitation, the availability of such Services save as specified in the Terms and Conditions and hereby excludes, to the fullest extent permitted by law, all conditions, warranties, terms, undertakings and representations, express or implied, whether by statute, common law or otherwise in relation to such Services. Captivnet shall not be liable to the Customer whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the appointment of the Customer and/or the use of the services for loss of revenue, loss of anticipated savings, loss of business and/or goods, loss of goodwill, loss of use, loss and/or corruption of data and/or other information, downtime and any damage relating to the procurement by the Customer or third party Customer of any substitute services.