Article 1– General Conditions
- The present general conditions (hereinafter, the General Conditions) regard the conditions under which the service (hereinafter, the “wiMAN Service”, or simply the “Service”) is supplied by wiMAN srl, registered office in Mattinata (Province of Foggia, Italy), Corso Matino no. 81, VAT number 03814940718 (hereinafter, “wiMAN”) to the Client.
- The commercial offer published on-line, on the site at the address http://www.wiman.me/offerta (the “Offer”), constitutes a full and integral part of the present agreement.
- wiMAN reserves the right to modify all or a part of the present service conditions, notifying users of any modifications by means of its site http://www.wiman.me. Clients are required, therefore, to frequently view and reread the present contact conditions, so that they are always aware of the conditions that apply. Use of the site http://www.wiman.me, and/or of the services, following modification of the present general contractual conditions, or modification of the characteristics of the service, is understood to signify acceptance of the modifications made.
- In the case of services offered in return for payment, wiMAN shall inform users of any modifications involving the functional features/limitations of the services, and/or the prices of the same, doing so with advance notice of 30 days, by means of the site http://www.wiman.me, or using the e-mail addresses communicated by Clients. In such cases, the Client may withdraw from the Service within 30 days of notification of the modifications, without any additional charge or cost. When no notification of withdrawal is given, then it is assumed that the modifications have been accepted.
Article 2 – Object of the Supply and characteristics of the Service
- The Service consists of providing the Client, as well as the users that will utilise the wiMAN Service, with the possibility of temporarily navigating on Internet, in the Wi-Fi mode, through the use of the wiMAN router, which is granted for use by the Client throughout the duration of the contract, plus the additional features described below.
- The Client and the users that are to utilise the wiMAN Service to navigate must log in on the site http://www.wiman.me/, using the data from their personal profile on one of the leading social networks, such as Facebook, Twitter, Foursquare etc..
- The Service, in addition to offering to the client and users who log in on wiMAN the possibility of navigating on internet, also provides the Client with a number of basic features, such as the possibility of having a customised ssid (for example: wiman@name of the Client’s establishment), a control panel for consulting statistics on accesses by users, a weekly report sent by wiMAN summarising user access statistics, customisation of the posting on the bulletin board of the social network chosen by the Client for the log-in (“Standard Service”).
- The Client may also choose to activate directly from its control panel additional features of the Service that supplement the Standard Service, such as customisation of the “splash page” and the “landing page” utilised by users to log in for navigation, a newsletter that can be sent to users, plus further features to be implemented from time to time by wiMAN, as will be indicated on the site http://www.wiman.me (“Premium Service”).
- In contrast, the Service does not include internet connectivity. Both the handling of relations with the connectivity operator and the cost of the connectivity service are the responsibility of the Client.
Article 3 – Fee and procedures for payment
- The Fee includes a one-off payment for the use of the router, at the price indicated in the Offer.
- The Fee also includes a monthly charge for the use of the Standard Service or an augmented monthly charge for the use of the Premium Service, based on the prices indicated in the Offering.
- wiMAN may suspend the service and/or terminate the contract at any point in time, and without advance notice, in the event of failure or delay to pay either all or a part of the monthly fee.
- wiMAN is entitled to offer the Standard Service free of charge for set periods of time, or on the occasion of special promotions, to be announced on the site http://www.wiman.me/. It is understood that the offer of the Standard Service free of charge shall be valid only for the period specified on the site http://www.wiman.me/, and that, upon expiration of that period, the Client shall be required to pay the monthly fee specified in the Offer, which shall be communicated to the Client through publication on the site http://www.wiman.me/, with advance notice of 30 days, a period during which the Client may withdraw from the Service by sending notification to this effect, in the form of a certified letter with return receipt or certified electronic mail.
- Payment of the fee for the Standard Service or the Premium Service must be made no later than the last day of the month, by means of Paypal, a credit card or a bank draft.
Article 4 – Obligations of the Client
- The Client undertakes to use the Service in compliance with current national and international regulations. The Client specifically undertakes to refrain, during the use of the Service, from engaging in any conduct detrimental to the rights of third parties or in violation of the law.
- The Client is required keep the identification codes and password for the Service operations panel in a strictly confidential manner and in full compliance with the rules and regulations currently governing the safeguarding of personal data, meaning that the Client is responsible for any damages caused by third parties gaining knowledge of such passwords. The Client undertakes to immediately notify wiMAN of any theft or loss of the router or the passwords, as well as any instance in which third parties gain knowledge of passwords.
- With regard to the newsletter service, as well as any other services that may be implemented to carry out communications and/or promotional initiatives of the Client addressing users, the Client shall hold sole responsibility for the contents of the messages sent, indemnifying and relieving wiMAN, from this point forward, with respect to any detrimental repercussions, whether direct or indirect.
- The Client holds direct responsibility for the truthfulness, correctness and propriety of any contents published of the pages of the system that can be customised.
- Should the Client violate any one of the above obligations, and/or utilise the Service in a distorted or improper fashion, than wiMAN has the option of suspending the Service or resolving the contract, having notified the Client of the fact by e-mail, and with the Client being obligated to return the router.
Article 5 – Duration and Withdrawal
- The Service shall be supplied for a period of 1 year, to be renewed tacitly from year to year, unless the Client withdraws by sending notification of the fact at least 30 days in advance.
- wiMAN shall be entitled to withdraw from the contract at any point in time, and without any liability whatsoever, by sending e-mail notification of the fact at least 30 days in advance.
- Whenever the contract should cease to be in effect, for any reason whatsoever, the Client must return the router received to wiMAN, doing so at its own expense.
- The Client shall be required to pay the monthly fee for the use of the Service to wiMAN up until such time as the router is received by wiMAN.
- The Client shall be required to pay to wiMAN any monthly fee come due for the use of the Service as of the date of withdrawal, even if the Client does not intend to utilise the Service for the full duration of the period.
Article 6 – Processing of personal data
- The Client shall not have access to any of the personal data of the users that access the Service, which wiMAN to remain the exclusive titleholder and manager of such data.
- Should the Client, as a result of initiatives/promotions/offers carried on the wiMAN channels, obtain direct possession of personal data on users (for example, through their participation in contests etc.), then the Client shall stand as an independent titleholder to the processing of such data, taking upon itself all the resulting obligations and responsibilities, as contemplated under the law. To this end, the Client extends the broadest possible indemnity and relief with respect to any complaint or sanction issued by public authorities, as well as any claim or request for damages received by wiMAN from third parties.
Article 7 – Maintenance of the Service
- The Client is informed that only wiMAN may handle the maintenance of the Service, as well as any repairs/replacement of the components supplied.
- Under no circumstances is the Client authorised to extract data and/or to manipulate in any manner and/or to make any modifications in the Service, nor may the Client present the router to third parties and/or allow third parties to carry out repairs and/or maintenance and/or any other type of work on the router or on any other component of the Service.
- In the event of use that does not follow the instructions provided by wiMAN, or of failure to comply with the conditions of the preceding section, the cost of the resulting repairs will be the responsibility of the Client.
- Should the present article be violated, then wiMAN cannot, under any circumstances, be held responsible for any consequences arising from malfunctions of the Service, in addition to which it is entitled to take action against the Client for any breaches of contract on the part of the latter.
- wiMAN may temporarily suspend the Service for reasons of maintenance, though never for periods of more than 3 consecutive days.
Article 8 – Liability
- The Service is offered by wiMAN “as is”, without any guarantee of operational performance. Nevertheless, wiMAN undertakes to utilise the best technology of which it has knowledge, as well as the best resources at its disposal, in order to ensure the functional efficiency of the Service. The Client acknowledges and agrees that, under no circumstances, may wiMAN be held responsible for delays or malfunctions in the performance of the Service, when these depend on events that fall outside of the reasonable control of wiMAN, such as, for example: (i) events of force majeure; (ii) events that depend on the acts of third parties, such as, to give merely some of the possible examples: interruption or malfunctioning of the services provided by telecommunications operators and/or of the electric lines of the social networks utilised by the Client for the log-in to the Service; (iii) malfunctioning of the terminals or of the other communications systems utilised by the Client.
- Should the operations of the Service be interrupted, then wiMAN undertakes to restore them as rapidly as possible, though wiMAN shall bear no responsibility towards the Client, except for cases of malice aforethought or grave negligence. The user acknowledges and agrees that, under no circumstances, may wiMAN be held responsible for acts or omissions on the part of the Client, or for any defaults on the obligations undertaken by the Client under the present Conditions, nor can wiMAN be held responsible for malfunctions traceable to defects in the equipment that is indispensable for access, or to the improper use of such equipment, and/or improper performance of the procedures for accessing the Site. Under no circumstances may wiMAN be held responsible towards the user or towards third parties for any loss of profit or unearned income, or for any other form of gain not obtained, or for indirect and consequential damages tied to the fulfilment of the present Service Conditions.
- The Client exempts wiMAN from any responsibility for damages of any type or nature, no matter who sustains them, resulting from or connected with use of the site http://www.wiman.me or of the Services, unless there has been malice aforethought or grave negligence on the part of wiMAN.
- The Client undertakes to indemnify and relieve wiMAN of any liability it should face as a result of the use of the Service by the Client.
- Apart from the points stipulated above, reimbursement of any damages sustained by the Client and/or by third parties due to use or impossibility of use of the Service may not exceed the amount paid by the Client in the course of the three months preceding the occurrence of the damaging event.
Article 9 – Intellectual property rights
- All trademarks (whether registered or not) and patents, as well as any and all inventions, distinctive signs or names, images, photographs, written texts or graphic treatments, plus, in general terms, any other intangible asset protected by laws or international conventions on intellectual and industrial property are and shall remain the exclusive property of wiMAN, as will be the case for any right of economic exploitation, without possession of the router and/or access to the panel and/or use of the Service providing the Client with any claim to the same.
- Any use of the above, even if only partial, is prohibited without prior written authorisation from wiMAN, in whose exclusive favour all the related rights are reserved.
Article 10- Clause of express termination
Termination of the contact between the parties is provided for in the following cases:
- should one of the Parties be subject to a procedure of receivership;
- should the operations of one of the Parties cease;
- should there be a delay of more than 30 days in the delivery or the performance of the Service by wiMAN, or in payment of the Fee by the Client, with the exception of accidental circumstances or instances of force majeure;
- loss of the licenses or the right needed to supply the Service;
Article 11 – Right of Withdrawal provided for under art. 64 of Legislative Decree 206/05
- As stipulated under Legislative Decree no. 206 of 6 September 2005, should the Client be an individual acting for purposes unrelated to any business or professional activity performed, then he or she is entitled to withdraw from the contract within 10 business days of the date on which the Client receives the wiMAN router.
- Should the Client intend to exercise this right, then the Client must make formal notification of withdrawal to wiMAN by sending a registered letter with return receipt to the address: wiMAN S.r.l., Corso Matino, no. 81, 71010 Mattinata (FG), or by means of certified electronic mail, seeing to it at the same time – and at the Client’s expense – that the wiMAN router is returned, in the event it has already been delivered to the Client.
- Withdrawal shall be considered to have not been exercised in valid fashion by the Client, and the Client shall be required to pay the amount of € 200, should the wiMAN router be returned in less than perfect condition, meaning:
- without the original packaging (to which end it is recommended that the original product packaging be preserved at least until expiration of the period for exercise of the right of withdrawal);
- the absence of any component parts of the product (accessories, cables, instruction manuals etc.);
- damage sustained by the product for reasons other than transport;
- abnormal state of preservation of the product.
Article 12 – Applicable body of law – Court with jurisdiction
- The present contract is fully governed by Italian law.
- Any dispute shall fall under the exclusive jurisdiction of the Court of Foggia.
- In cases where the contract has been entered into by a consumer, as provided for under Legislative Decree no. 206 of 6 September 2005, then the forum for disputes shall be the court with jurisdiction over the place of residence or the domicile of the Client, should that not be the Court of Foggia.
I ACCEPT [ ] I DO NOT ACCEPT [ ]
Under the provisions and effects of articles 1341 and 1342 of the Italian Civil Code, I declare that I have read, and that I expressly accept, the following conditions contemplated under: Article 4 – Obligations of the Client; Article 5 – Duration; Article 7 – Maintenance of the Service; Article 8 – Liability; Article 10 – Clause of express termination; Article 12 – Applicable body of law and court with jurisdiction.
I ACCEPT [ ] I DO NOT ACCEPT [ ]