1 – PURPOSE
1.1 – KAMADO SRL (hereinafter, KAM), with registered office in Rome, Via Laurentina 203, provides a temporary mobile WiFi HotSpot (hereinafter, HotSpot) for use on the entire national territory.
2 – SIGNATURE OF THE HOTSPOT AGREEMENT AND ACTIVATION – EFFECTIVENESS OF THE AGREEMENT
2.1 – With the filling in the required fields on the dedicated web page, the user asks for the delivery and activation of the HotSpot indicated in the Form to activate the Temporary Use Service (hereinafter, the “Service”). The agreement shall be deemed as completed when KAM will deliver the HotSpot to the User.
2.2 – The HotSpot will be delivered to the user by means of:
- Shipping at the airport;
- hand delivery by a person appointed by KAM.
The User is obliged to promptly verify the proper functioning of the HotSpot. Any defects in the HotSpot will be reported by the User to KAM, exclusively within 10 days of receipt of the HotSpot.
2.3 – In order to function, the HotSpot is equipped with the SIM card of a mobile operator with which KAM has signed a contract for Internet access (hereinafter, the “Operator”).
2.4 – Before the Service is activated, the User, on his own responsibility, must provide to KAM and / or persons authorized by it, proof of identity and residence or domicile and shall be responsible for the accuracy of the information provided.
2.5 KAM may decide not to enter the present Agreement in the following cases:
- a) if the documents required under the prior art. 2.3 are insufficient and / or absent;
- c) if the User proves to any title defaulting towards KAM;
- e) if there are technical and organizational and / or commercial reasons significantly preventing or hindering the activation of the Service;
- f) or if the technical feasibility analysis shows the impossibility of providing the service.
2.6 – In case of failure to conclude this Agreement in whole or in part, KAM will inform the User by any means and any right of the User to damages or compensation, as well as any pre-contractual, contractual or non-contractual liability for direct or indirect damages to people and / or things are expressly excluded.
2.7 – The present Agreement shall cease to have effect after five (5) working days from the date of delivery of the HotSpot in good working condition.
3 – THE SERVICE
3.1 – The utilisation Service of KAM HotSpot is offered in prepaid mode and the “Flat fee” formula purchased by KAM with the Operator allows the User to have unlimited traffic at the maximum available speed.
3.2 – the User is aware that the utilisation service of the HotSpot KAM is temporary and that the HotSpot is made available exclusively for a maximum period of 30 days. Therefore, any requests for use for periods longer than 50 (fifty) days, the automatic reduction of the requested period to 30 days, without any further notice to the User.
4 – SERVICE LIMITATIONS – KAM LIABILITY
4.1 – The KAM HotSpot can operate thanks to its connection to the mobile network infrastructure of an operator with whom KAM has signed a contract for Internet access.
4.2 – KAM is committed to ensuring the best functionality of the HotSpot rented; however, the User acknowledges and accepts, waiving any claim, that:
- the HotSpot provided is connected to a network operator that has a uneven nationwide coverage and not extended to all the specific areas of the territory;
- he can use the HotSpot exclusively in Italy, as the SIM card with which it is equipped is not enabled for international roaming;
- within the above limits of national coverage, KAM guarantees the User the possibility to use the HotSpot he rented, without prejudice to the fact that in a specific moment in time, and for reasons not attributable to KAM, the SIM card inside it could not have access to the network;
- the HotSpot may stop working at any time and without prior notice, if interventions are to be performed by the Operator on the network, including unplanned, extraordinary maintenance and/or restoration and/or network modification interventions and general technological infrastructure interventions.
4.3 – KAM shall not be liable to the User for any loss, damage or injury, whether direct and/or indirect, foreseeable or unforeseeable, including, by way of example and not limited to, economic/financial loss, business loss, revenue loss, profit loss and/or goodwill loss, arising from causes not attributable to KAM. In any case, KAM shall not be liable for damages arising to the User or to third parties as a result of prolonged interruptions, delays or faults of the HotSpot due to: (i) interference, weather conditions or external sources of any kind; (ii) incorrect and/or improper use of the HotSpot attributable to the User; (iii) incompatibility between the HotSpot and a terminal in use by the User which is not approved, or not authorised, and/or irregularly modified; (iv) cases of force majeure such as, but not limited to, natural disasters, wars, epidemics, strikes and other similar events, legal provisions adopted at any time by the government or public administration, or acts of Military or Judiciary Authorities; (v) failures, inefficiencies, technical problems attributable to third parties and /or to the Operator.
5 – ECONOMIC CONDITIONS
5.1 – The HotSpot provided by KAM is assigned to the User at the economic conditions contained in the application form.The user shall receive only by KAM complete, clear, timely, transparent and easily accessible information on the cost and mode of access, and termination of use of the Service. This information is provided through the information material and the Customer Service Department at n. +39 40060017 or by sending an email to email@example.com
5.2 – The fee to be paid for the HotSpot Service provided by KAM shall be paid in full at the time of the request.
6 – DEPOSIT
6.1 – A security deposit of EUR 70,00(fifty / 00 Euros) shall be paid at the time of payment. Every accessories included in the PowerBank, CarChargers,Cable will have a value of 10,00 (ten / 00 Euros) each one in case of damage or not return.Power wall have a value of 20,00 (twenty /00 Euros) .
6.2 – Subject to the provisions of art. 10.6, the amounts paid by way of security deposit, as foreseen in art. 6.1, will be fully retained in the event of failure to return, breaking and negligent use.
7 – DURATION
7.1 – The service will be provided for a maximum temporary duration of thirty (30) days. The user may request the service for a shorter time.
8 – WITHDRAWAL
8.1 – The User has the right to withdraw from this Agreement with a minimum notice of 2 days from the expected delivery date, by sending an email to firstname.lastname@example.org . Customers must inform KAM in case of problem during the return and KAM is not responsible of any carelessness of the choose partner or the logistic partner.
9 – USE OF THE HOTSPOT. ABNORMAL USE AND SUSPENSION OF SERVICE
9.1 – The HotSpot is provided for temporary use by KAM to the User and is aimed at meeting his professional and/or personal demands, as indicated in art. 9.2. It is in any case forbidden to the User to perform any resale of the HotSpot. On expiry of the requested period of service, however incurred, KAM is entitled to the immediate return of the HotSpot. The User is aware, from the moment of signing of this Agreement, that, in case of failure to return the HotSpot upon termination of this Agreement, KAM will be entitled to withhold the amounts paid in respect of the Security Deposit under art. 6.
9.2 – the User is obliged to use the HotSpot in good faith and fairness, avoiding illegal, abusive or improper use. The HotSpot is intended only for personal use by the User, and therefore must be used by the same exclusively to meet the needs of navigation for which this Agreement was signed. Any different use of the HotSpot shall constitute a default of the User, with automatic termination of this Agreement, pursuant to art. 1456 Civil Code, subject to full compensation for consequential damage. The User is obliged not to use the HotSpot in ways or for unlawful purposes or for commercial gain and shall hold KAM harmless from any consequence arising from his own or third party’s unlawful use.
10 – UNAUTHORIZED USER CONDUCT
10.1 – the User agrees to use the HotSpot in accordance with its specifications and in compliance with the provisions of this Agreement and in accordance with current laws, regulations and practices in force.
10.2 – the User agrees not to use the HotSpot in such a way as to cause harassment or disturbance to others, or in a manner contrary to mandatory rules, public order and/or morality and/or the existing legal framework in this field. No responsibility shall be attributable to KAM for the content of messages, documents or any other information transmitted or benefited by the User through the use HotSpot.
10.3 – No one can use the HotSpot for unlawful purposes. The User shall indemnify KAM from any consequence arising from his own or third party’s wrongful use of the HotSpot and/or distorting use of the purpose and/or the object of the present Agreement.
10.4 – the User acknowledges and accepts that KAM shall inform the competent judicial and administrative authorities where KAM has come to know: a) the illegal or harmful use, to itself or a third party, of the contents of a service to which the User has had Access through the HotSpot; b) any alleged illegal activities or information related to, or in any way connected to, the use of the HotSpot by the User and imputable to the latter, and for which KAM shall not be held liable.
10.5 – the User acknowledges and accepts that KAM provides, on request, also a matter of urgency, to the judicial and administrative authorities, in accordance with current legislation, the information in its possession to enable the identification of the User, exonerating KAM of any liability.
10.6 – The user is expressly forbidden to replace the SIM card present in the HotSpot or in any case change the status and functions of the HotSpot. To this end, the Hotspot is provided with a security seal which cannot be altered in any case. In case of alteration, a penalty of EUR 20.00 (twenty / 00) will be applied, to be taken from the amounts paid by way of security deposit under art. 6
10.7 KAM reserves the right to withdraw from this Agreement if it discovers illegal or fraudulent activities carried out at its expense or the User’s; in case the User engages in such activities against KAM, the latter may terminate the agreement under art.1456 Civil Code. In addition, the User who uses, or gives way to others to use the service to perform communications or activities that are against public morality or public order or cause harm to minors, harassment or disturbance of the peace or have abusive or fraudulent purposes, shall cause the termination of this Agreement, subject to any other liability provided by applicable laws in force.
11 – THEFT OR LOSS
11.1 – The user is required to diligently keep and take maximum care of the HotSpot entrusted to him in use. He is therefore required to reimburse KAM for any cost relating to its breakage or loss, even when caused by third parties, except in cases of force majeure.
11.2 – Subject to the provisions of the preceding paragraph, in case of theft or loss of the HotSpot, the user shall promptly call the Customer Service and report the accident and his data as they appear in the Agreement signed (IMEI, first name, family name, social security number, data and type of his identification document, etc.); in this way the HotSpot, after verification of ownership, will be immediately blocked by KAM. The user shall also file a formal complaint with the police authorities within 24 hours from the accident and submit a copy of the complaint, within the next 24 hours, to KAM contact points to communicate the SIM card lock to the Operator. If the User finds again the the HotSpot, he shall contact the Customer Service to receive the necessary information to proceed with the unlocking.
12 – PERSONAL DATA – NOTICE TO USERS
12.2 – KAM will provide the User, through the most suitable means, a constant and adequate disclosure of all aspects of the contractual relationship that may be of interest to the User. KAM will communicate with the User using the contact details (postal address, telephone number, email address, etc.) provided by the User at the time of the request of the HotSpot or disclosed thereafter to KAM; all communications sent to these addresses will be considered as known by the User.
13 – TERMINATION OF THE AGREEMENT
13.1 – the Agreement shall terminate automatically pursuant to art. 1456 of the Civil Code at the occurrence of one of the following events:
- violation of any of the provisions of art. 8 (Use of the HotSpot. Abnormal Use and suspension of Service);
- in the event of default of the User, including partial or temporary default, towards the obligations stated in art.10 (Unauthorised User Conduct);
- if the User has provided false and/or counterfeit and/or invalid information and/or personal information and/or false documents to KAM, including, but not limited to, personal data and documents required for the activation of the Service in art.2 (SIGNATURE OF THE HOTSPOT AGREEMENT AND ACTIVATION).
13.2 – In the cases above, KAM shall communicate to the User the resolution of the Agreement by registered letter or hand delivery by a person appointed by KAM, which can be anticipated via email to the email address of the defaulting User.
14 – KNOWLEDGE AND ENFORCEMENT OF THE AGREEMENT – RULES OF EVIDENCE – KAM COMMUNICATION
14.2 – The documents and data, including electronic files produced through KAM computer systems, shall be conclusive evidence of any fact concerning the activation of the service.
14.3 – Unless otherwise specified, all written communications addressed by the User to KAM should be sent to: KAMADO SRL Via Laurentina 203, 00142 – Rome ITALY; these notices may also be sent by email to the email address email@example.com
15 – CUSTOMER SERVICE
15.1 – KAM provides the User with the necessary assistance to use its Service through its Customer Service.
16 – RIGHT OF WITHDRAWAL
16.1 – The user is entitled to withdraw without giving any justification and without penalty, by sending written notice to KAM via email at firstname.lastname@example.org within 4 days of the request, except in the cases where the HotSpot has been already sent and/or delivered. In this case, KAM will still be entitled to the payment of both shipping costs and fees for the Service requested.
17 – CHANGING THE REQUEST
17.1 – Up to 4 days prior to the date of delivery of the HotSpot, the User is entitled to modify free of charge the activation date and the date of termination of the Service, by accessing his personal area or by sending an email to email@example.com
18 – RETURN OF THE HOTSPOT
18.1 – If, for any reason, the present Agreement shall be terminated, the user shall compulsorily return the HotSpot to a person in charge at his reference location. The location can be changed but is mandatory to be agreed by the customer service. Any missing of communication or action take without agreement will be consider as breach of terms of condition and entitle KAM to request the deposit as described in the chapter 6.Any missing communication by the User or negligence to the service will be treat as law