HotspotGator

PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CHECKING THE "I AGREE" CHECKBOX IN THE REGISTRATION/SIGNUP PAGE; YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE SERVICE IS NOT AVAILABLE TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE OR PERSONS UNDER THE AGE OF 18; AND BY AGREEING TO THESE TERMS AND CONDITIONS YOU WARRANT AND REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE.

This Service Contract and User License, hereinafter referred to as the "Contract" between the Customer (hereinafter referred to as "HOTSPOT OPERATOR") and IPLUS TECHNOLOGIES (hereinafter referred to as “SERVICE PROVIDER”) concerns the HotspotGator web application (hereinafter referred to as “WEB APPLICATION”), includes access via credentials/personal accounts (user name and password) to the WEB APPLICATION and may include printed material and "online" or electronic documentation. By using the WEB APPLICATION, the HOTSPOT OPERATOR accepts the binding conditions in this contract. Should the HOTSPOT OPERATOR not accept the terms and conditions of this contract, s/he may not access and use the WEB APPLICATION.

DEFINITIONS

• “HOTSPOT” is defined as computer network equipment that is connected to the Internet at a location or venue at which Internet access service is supplied to the END USER.
• “HOTSPOT OPERATOR” is defined as an individual or a legal entity that owns or operates a HOTSPOT.
• “END USER” is defined as a retail customer or HOTSPOT OPERATOR's customer that desire to gain access to the Internet through the HOTSPOT.
• “SYSTEM” is defined as management services performed by SERVICE PROVIDER’S back office system.
• “LOGIN ID” is used to identify an account name and password that is used by HOTSPOT OPERATOR to access the WEB APPLICATION
• “SERVICE PROVIDER NOC” is defined as the SERVICE PROVIDER Network Operations Centre in which SERVICE PROVIDER servers are located that contain the systems and software to perform back-office tasks on behalf of the HOTSPOT OPERATOR.
• “LOCATION” is defined as a specific geographical location that the HOTSPOT OPERATOR service is available for use by END USER.

1. USER LICENSE

The SERVICE PROVIDER grants the HOTSPOT OPERATOR the non-transferrable, non sub-licensable and non-exclusive right to use the WEB APPLICATION , and does not extends this right to the HOTSPOT OPERATOR's associates, suitably identified by the creation of personal login credentials (user name and password).

2. EXCLUSION OF LIABILITY FOR ACCIDENTAL, INDIRECT OR OTHER TYPES OF DAMAGES

To the maximum extent permitted by applicable law, in no event shall the SREVICE PROVIDER be liable for special, accidental, moral, indirect or consequential damages or other damages of any type, therein including, without limitations, damages for loss of profits or revenue, loss of confidential or other types of information, business interruption, physical damages, loss of privacy, failure to observe obligations including that of conduct in good faith or with reasonable diligence, negligence or other pecuniary or other type of loss, due to the use or inability to use the product or in any other way tied to WEB APPLICATION use or, in any case, in combination with any provision in this contract, even in the event of error, tort (therein including negligence), strict liability, breach of the SREVICE PROVIDER's contract or warranty even when the SREVICE PROVIDER has been advised of the possibility of such damages. In no event shall the SREVICE PROVIDER be liable for any legal violations committed by the HOTSPOT OPEARTOR.

3. SERVICE PROVIDER OBLIGATIONS

3.1. END USER AUTHENTICATION & AUTHORIZATION AND ACCOUNTING

SERVICE PROVIDER will authenticate & authorize the END USER using a central radius server located at the SERVICE PROVIDER NOC.

3.2. END USER ACCOUNTING

SERVICE PROVIDER will account for END user internet usage based on the service plan charges and service plan types for each END USER that is active or can access services for any billing based on policies created for a particular service plan.

4. HOTSPOT OPERATOR OBLIGATIONS

4.1. PRICING

HOTSPOT OPERATOR will determine the prices for the hotspot packages together with the package limits.

4.2. BROADBAND CONNECTION

HOTSPOT OPERATOR shall assume full responsibility for procuring, maintaining and paying all fees associated with the setting up of an Internet connection from an ISP chosen by HOTSPOT OPERATOR. In no event shall SERVICE PROVIDER have any liability in regards to ISP Internet Connection or to any equipment associated with the ISP. HOTSPOT OPERATOR is responsible for ordering the correct service options to support their END USER requirements.The HOTSPOT OPERATOR assures that the broadband connection agreement with their ISP is not prohibited from resale, and HOTSPOT OPERATOR shall indemnify, hold harmless, and defend SERVICE PROVIDER from any and all claims made by such third party ISP arising from this agreement.

4.3. WARRANTY RESTRICTIONS

The following Limited Warranty is the only express warranty granted to the HOTSPOT OPERATOR. Except for the warranty restrictions and as admitted by applicable law, the SERVICE PROVIDER provides the WEB APPLICATION "as is" and with potential defects and does not acknowledge any warranty, express or implicit, including, as an example, any implicit warranties or conditions concerning the marketability, suitability for a specific purpose except for the services indicated below, reliability or availability, accuracy or thoroughness, results, lack of viruses and lack or negligence or proficiency referring to the WEB APPLICATION.

4.4. ACCOUNT ACTIVATION

If your account is not activated within 3 months, the SERVICE PROVIDER reserves the right to delete your account without notification.

5. DURATION

This agreement shall be effective untill withdrawal or termination by either party.The HOTSPOT OPERATOR may withdraw from this Contract at any time, provided all SERVICE login credentials are destroyed. Furthermore, the SERVICE PROVIDER has the right to immediately terminate this Contract in the event of HOTSPOT OPERATOR breach of any important condition hereto, including the failure to observe privacy regulations and the use of the WEB APPLICATION for purposes extraneous to this contract. In the event of termination, the SERVICE PROVIDER agrees to destroy all WEB APPLICATION login credentials.

6. TERMINATION

This agreement shall be effective untill withdrawal or termination by either party.The HOTSPOT OPERATOR may withdraw from this Contract at any time, provided all SERVICE login credentials are destroyed. Furthermore, the SERVICE PROVIDER has the right to immediately terminate this Contract in the event of HOTSPOT OPERATOR breach of any important condition hereto, including the failure to observe privacy regulations and the use of the WEB APPLICATION for purposes extraneous to this contract. In the event of termination, the SERVICE PROVIDER agrees to destroy all WEB APPLICATION login credentials.

7. COPYRIGHTS

The WEB APPLICATION is property of IPLUS TECHNOLOGIES LTD and is protected by copyright and industrial property laws, international treaties and all other domestically applicable laws. IPLUS TECHNOLOGIES LTD is the owner of the trade name "HOTSPOTGATOR" and all intellectual property rights concerning the WEB APPLICATION. The WEB APPLICATION is granted as a license, not sold. Consequently, the Customer must treat the WEB APPLICATION as any other material covered by intellectual property rights. Manipulating, altering, converting, decoding, decompiling, dismantling or, in any case, creating products derived from or based on the WEB APPLICATION or its parts are prohibited by law unless with express written and prior permission by the SERVICE PROVIDER.

8. ENTIRE AGREEMENT CLAUSE

Should a Court or other legal body with jurisdiction in any Country deem a condition in this Contract invalid, this invalidity shall not effect the remaining conditions in this contract which shall continue to be legal and enforceable.

9. JURISDICTION

This contract is governed by the Kenyan law and any dispute that may arise on the interpretation and management of this user license shall be resolved using the governing law.

This privacy policy discloses the privacy practices for (hotspotgator.com). This privacy policy applies solely to information collected by this web site. It will notify you of the following:

• What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared with.
• What choices are available to you regarding the use of your data.
• The security procedures in place to protect the misuse of your information.
• How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Registration

In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. Unless required, you may also provide demographic information (such as gender or age) about yourself.

Cookies

We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site.

Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

Links

This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Updates

Our Privacy Policy may change from time to time and all updates will be posted on this page.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below