TERMS AND CONDITIONS

RENTAL AGREEMENT & TERMS AND CONDITIONS

This rental agreement establishes the general conditions under which the services offered through the website called "spotswifi.com", hereinafter the "site", will be provided.

The various rental services are provided on the basis of the contract concluded between you, hereinafter the "Client" and the sole proprietor, Nuno Filipe Gonçalves dos Santos Paulo with tax identification number 166 269 891, hereinafter the "Provider".

Before accepting or signing this contract, please read the terms and conditions set out below carefully.

By clicking the "I agree to the terms and conditions" button or signing this document, you agree to be legally bound by these terms and conditions.

We reserve the right to amend this rental agreement at any time. All changes will apply to future rentals after the date on which such change takes effect.

TERMS AND CONDITIONS

1. DEFINITIONS AND INTERPRETATION

1.1 "Agreement" means these terms and conditions, the Rental Form and any other additional agreement entered into between you and SpotsWiFi in relation to the provision of the Services;

1.2 "Services" means all the rental services made available to the Customer by the Provider on the SpotsWiFi Website;

1.3 "Website" means the official SpotsWiFi website - https://www.spotswifi.com;

1.4 "Provider" or "SpotsWiFi" means the sole proprietor, Mr Nuno Filipe Gonçalves dos Santos Paulo;

1.5 "Customer" means any person or company that contracts SpotsWiFi services. The Customer will be identified on the Rental Form by first and last name in the case of an individual Customer and company name in the case of a collective Customer;

1.6 "Expenses" means all costs paid by the Customer in connection with the provision of the services supplied by the Provider, whether invoiced on behalf of or in the name of a third party or parties, in accordance with the Rental Form;

1.7 "Equipment" or "Devices" means the Mobile Hotspot Modem rented through the Website, which includes a SIM Card, a charger, a USB cable, a protective bag and any other accessories;

1.8 "Deposit" means the amount of €40 (forty euros) paid at the time of booking, as a guarantee for each Device rented by the Customer;

1.9 "Network" means the telecommunications network/s acquired or provided by SpotsWiFi and/or the network provider/s;

1.10 "Rental Form" means the document to be sent by email to the Customer to formalise the rental contract, following confirmation and acceptance of their rental request;

1.11 "Rental Period" means the period corresponding to the rental of the Equipment between the start date and the end date indicated on the Rental Form or any other formal document.

2. AUTHORISATION AND ELIGIBILITY

2.1 If the customer rents a Device on behalf of a third party, whether individually or collectively, and not for his personal use, he represents and warrants to the Provider that he is fully authorised to enter into this contract on behalf of the third party and to bind the third party to the terms and conditions set out in this Rental Contract. The customer also represents and warrants to the Provider that it is not committing any fraud or misrepresentation by entering into the Rental Agreement;

2.2 Although our Device may be used by persons of any age, it may only be rented to persons who are at least 18 (eighteen) years of age and fully capable of accepting the terms, conditions, obligations, statements, representations and warranties set out in this Rental Agreement, and complying with and respecting the terms set out therein.

3. DELIVERY

3.1 When the Customer makes a booking through the SpotsWiFi website, they will be asked for an address in Portugal where the equipment will be delivered;

3.2 The Customer may also choose an alternative location within national territory for collection of the equipment;

3.3 The Customer may collect the equipment in person at the address of one of our partners;

3.4 The Customer may choose to have the equipment collected by hand at Lisbon, Oporto, Faro, Madeira and Azores Airports at an additional delivery cost;

3.5 Delivery of the equipment will be made to the address designated by the Customer, one (1) day before or during the morning of the Hire Start Date;

3.6 It is the Customer's responsibility to ensure that they are available to receive and accept delivery of our equipment;

3.7 In the event that the Customer is not present or able to receive the Equipment at the address designated by the Customer, it is expressly understood that the Customer has authorised the Provider or its agent to leave the Equipment at the designated address or at the reception of that address;

3.8 In the event that the customer designates the address of a hotel for delivery of the equipment, the supplier or his agent shall be authorised to deliver the equipment to the reception in the customer's care;

3.9 From the moment the equipment is delivered to the address designated by the Customer, the Customer is responsible for the care of the equipment, as well as the return of the equipment at the end of the contract and all related charges;

3.10 It is the Customer's responsibility to check the working condition of the equipment and its components within 24 (twenty-four) hours of delivery of the equipment by the Supplier or its agent;

3.11 If the equipment is not in good working order, the customer must immediately notify the provider with a view to replacing the equipment;

3.12 If the customer does not proceed in accordance with the provisions of 3.10 and 3.11, we consider the equipment and its components to be in good working order;

3.13 In the event that the delivery of the equipment is made after the start date of the rental due to transport problems, the supplier being completely unrelated to such situations, will not assume any liability on account of such delay and will not assume any expenses and/or charges motivated by third parties.

4. RETURN

4.1 The device (including all accessories) must be returned via "CTT - Correios de Portugal", using the pre-paid registed envelope provided by the supplier, on the last day of the rental period;

4.2 Failure to comply with the provisions of paragraph 3.1 will result in a fine of €9 (nine euros) for each day of delay, starting on the day following the last day of the rental period;

4.3 In the event that the customer chooses to return the device using the reception services of a hotel unit, they will be assuming any and all defects detected in the device by the provider;

4.4 If for any reason the customer is unable to return the device to the provider, including but not limited to loss or theft of the device, the customer must contact the provider immediately so as not to incur additional charges for delay.

5. CHARGES AND DEPOSITS

5.1The Customer shall pay at the time of booking all charges resulting from the hire period, the specified devices and the additional delivery costs recorded on the hire form;

5.2 The rental charges are calculated according to the start and end dates indicated by the customer or the day on which the customer actually returns the device and equipment, if this is later than the planned return date;

5.3 Rental charges are calculated on the basis of whole calendar days;

5.4 The calculation tables for rental charges are published on our website and may be changed at any time without prior notice.

5.5 To the total hire charges, the provider will add a security deposit of 40€ (forty euros);

5.6 The security deposit will be refunded in part or in full to the customer once the device and equipment have been received and checked by the provider;

5.7 The Provider shall not be liable for any fluctuation in exchange rates during the period in which the deposit is made;

5.8 The hire charge and deposit, as well as additional delivery costs, will be charged to the customer's credit card after confirmation of the order placed by the customer. By providing a credit card or Paypal to the Provider, the customer will authorise such payments on their account;

5.9 Any additional days of use of the Internet service by the customer will be charged upon return of the device;

5.10 The Customer shall deduct from the security deposit any service charges or late penalties or charge extra and additional costs, if any, to the Customer's credit card;

5.11 The Customer shall be liable for all costs as well as all additional charges on any parts of the device and/or equipment lost and/or damaged;

5.12 The charges provided for in paragraph 4.11 with any loss of the device and/or equipment shall be allocated as follows:

5.12.1 Loss of the entire package: 100€ (one hundred euros);

5.12.2 Loss of the WiFi device: 60€ (sixty euros);

5.12.3 Loss of the Powerbank: 30€ (thirty euros);

5.12.4 Loss of the battery: 20€ (twenty euros);

5.12.5 Loss of the SIM card: 20€ (twenty euros);

5.12.6 Loss of the power adaptor: 10€ (ten euros);

5.12.7 Loss of the USB cable: 10€ (ten euros).

5.13 The charges provided for in point 4.11 for damage that makes it impossible to use the device and/or equipment will be allocated as follows:

5.13.1 Damage to the WiFi device: 60€ (sixty euros);

5.13.2 Damage to the Powerbank: 30€ (thirty euros);

5.13.3 Damage to the battery: 20€ (twenty euros);

5.13.4 Damage to the SIM card: 20€ (twenty euros);

5.13.5 Damage to the power adaptor: 10€ (ten euros);

5.13.6 Damage to the USB cable: 10€ (ten euros).

5.14 Whenever the aesthetic damage allows the device and/or equipment to be used, half of the amounts indicated in 4.13 will be charged;

5.15 The Provider will deduct the additional charges set out in 4.11 from the guarantee deposit, or alternatively, charge these amounts directly to the Customer's credit card;

5.16 Provider will not accept replacement devices and/or equipment as a substitute for any of the charges referred to in paragraphs 4.12, 4.13 and 4.14;

5.17 The security deposit shall be refunded in full and without interest (subject to deductions specified in paragraphs 4.10, 4.15) within a maximum period of 5 (five) working days, commencing on the date of receipt of the device and equipment by the Provider;

5.18 All prices charged for the device(s) and services provided by the Supplier are stated in euros and include the VAT rate in force.

6. REFUND POLICY

6.1 Should the Customer experience any difficulties in using the device, they must contact the Provider within the rental period in order to benefit from a refund;

6.2 The Customer must submit to the Provider in writing, within 30 (thirty) days of the end of the rental period, any and all claims regarding any additional charges levied by the Provider, it being understood that the right to claim the initial rental charge will not be accepted by the Provider;

6.3 The provider must send its decision in writing to the customer within a maximum of 10 (ten) working days, starting on the day following the date of receipt of the complaint;

6.4 If the decision referred to in point 5.3 is favourable to the customer, the amount will be refunded within a maximum of 5 (five) working days, starting on the day following the date on which the decision is sent by the provider and without the right to any interest.

7. CANCELLATION POLICY

7.1 Cancellation prior to 10 (ten) working days before the start date of the rental period will result in a refund of the charges referred to in points 4.1 and 4.5, minus the amount of 5€ (five euros) resulting from bank charges;

7.2 Cancellation between 10 (ten) and 3 (three) working days before the start date of the rental period will result in a refund of the charges referred to in points 4.1 and 4.5, less a penalty of 20€ (twenty euros) and any delivery costs, if any;

7.3 Cancellation less than 3 (business) days before the start date of the rental period will entail reimbursement of the charges referred to in paragraphs 4.1 and 4.5, less a penalty of 40€ (forty euros) and any delivery costs, if any;

7.4 In the event of the device being returned or the service being cancelled after the start date and before the end of the rental period or any rental extension period, there will be no right to any refund of the charges referred to in points 4.1 and 4.5.

8. USE OF THE DEVICE

8.1 From the moment the device is delivered to the address designated by the customer, the customer undertakes to use the device carefully and appropriately and in accordance with the instructions in the User Guide;

8.2 The customer is aware that they may not:

8.2.1 Use the device outside Portugal;

8.2.2 Carry out any repairs or modifications to the device;

8.2.3 Remove or interfere with any certification markings affixed to the Device;

8.2.4 Deconfigure the device;

8.2.5 Sell, rent, assign, charge, pledge or lend the equipment or any accessory;

8.2.6 Use the device for any illegal purpose.

8.3 The customer is aware that they must:

8.3.1 Take care of the device and use it only for its intended purpose;

8.3.2 Carry out all instructions given by the supplier regarding the use, storage and maintenance of the device, being responsible for any damage or deterioration resulting from failure to comply with these instructions;

8.3.3 Allow the supplier to check and inspect the equipment upon prior notification;

8.3.4 Notifying the supplier immediately via email (info@spotswifi.pt) in the event of loss, theft, damage, deterioration and/or malfunction of the equipment;

8.3.5 Be liable for and reimburse the supplier in full for any expenses or costs resulting from damages suffered by or against us arising from any loss, damage, deterioration and/or malfunction of the equipment attributable to any act or omission on your part;

8.3.6 Indemnify the supplier or any third party against any and all losses, damages, claims, expenses or costs, arising from any action, breach of contract, tort, omission and/or breach of the rental agreement;

9. REPAIR OR DAMAGED DEVICE

9.1 In the event of the device malfunctioning, the customer must immediately notify the provider via email (info@spotswifi.pt);

9.2 The supplier will repair or replace the device as soon as possible after notifying the customer and provided that the customer is not in breach of the rental agreement;

9.3 The supplier shall provide the customer with a replacement device as soon as possible for a period equivalent to the part of the remaining rental period.

10. OWNERSHIP

10.1 The customer declares that he is aware that the device is the property of the provider and that he has no rights other than to use it during the rental period.

11. TERMINATION

11.1 The use of the device and all the services provided may be terminated or deactivated without prior notice by the provider if any of the following situations occur:

11.1.1 There are grounds for considering that the device has been obtained by any false statement or by fraudulent means:

11.1.2 There is reason to believe that the device is or will be used for any illegal or improper purpose, or in violation of the law;

11.1.3 There is reason to believe that there has been a breach of any of the clauses of this contract.

11.2 In the event of any of the situations referred to in paragraphs 10.1.1, 10.1.2 and 10.1.3, the provider will take immediate possession of the device, without being obliged to reimburse any part of the rental charges, and will not be liable to the customer for cancellation of the contract.

12. LIABILITY AND REPRESENTATIONS

12.1 The provider guarantees that the equipment will be delivered to the customer in good condition and in a usable state, however, the provider cannot be held responsible for the performance of the device or the operation of the network to which the device is connected;

12.2 The customer recognises that services may be temporarily interrupted or access limited as a result of various situations, such as weather conditions, limitations in network capacity and coverage or device failure, among others;

12.3 The provider does not guarantee the correct functioning of voice over IP (VoIP) in any of the available APPs, since it depends on the capacity of the network.

13. APPLICABLE LAW AND JURISDICTION

13.1 These Terms and Conditions shall be governed by and construed in accordance with Portuguese law;

13.2 The Court of the territorial area of Lisbon, to the exclusion of any other, shall have jurisdiction to settle any disputes arising from the interpretation and application of these Terms and Conditions for the use of this site.