GENERAL TERMS AND CONDITIONS
1VALIDITY OF GENERAL TERMS AND CONDITIONS
The following terms and conditions shall apply to all services rendered by LYMA SARL hereafter referred to as IzyWifi, in connection with the hotspot rental service.
Following terms and conditions are provided in the pack proposed to customers in the distribution points on the websit www.IzyWifi.com.
Only IzyWifi’s last general terms and conditions published on the website www.IzyWifi.com at the beginning of the rental period shall apply.
The use of the Website and/or the Services provided by IzyWifi implies that you have unconditionally accepted these General terms and conditions of IzyWifi. The simple fact of using said Services constitutes complete acceptance of these General terms and conditions.
IzyWifi may accept variant clauses only in the case of an explicit written agreement.
2 DESCRIPTION OF SERVICES
2.1 Mobile HOTSPOT RENTAL
IzyWifi rents out wifi mobile hotspots with internet connexion.
The customer must ensure stop mobile data services of its devices so they do not connect while roaming. IzyWifi can not be held responsible for the costs related to these connections.
Similarly past telephone costs through normal networks (voice), are not covered by our service. IzyWifi can not be held responsible for the costs related to these communications.
2.2 REGISTRATION FOR USING IzyWifi SERVICES
The customer must fill a form and accept the general terms and conditions to use IzyWifi services. The client gives on the web browser under http://IzyWifi.com/ the following information:
- First Name
- Last Name
- Address of shipment
- Email address
- Mobile phone number
- Copy of an official document like passport, driving licence, ID
The last point is a French legal requirement. This copy can be either a scan of your document, or a picture of its photo page (for example done with your smartphone’s camera).
2.3 IzyWifi ENGAGEMENTS
IzyWifi shall use reasonable endeavours to provide Customer with the Services and to ensure the security of Customer’s communications at all times. However, due to the nature of mobile technology, it is impossible to provide an uninterrupted, fault-free service.
IzyWifi shall in particular not be liable, or otherwise legally responsible, where access to the Network is interrupted or limited due to :
- a suspension or downtimes of public telecommunication or power facilities;
- special local conditions (e.g. use in trains or underground).
IzyWifi’s Network Partner may suspend Services:
- in order to carry out maintenance or testing of the Network;
- during any technical failure of the Network
- when it is necessary to safeguard the security and integrity of the Network or to reduce the incidence of fraud
- where it identifies Artificially Inflated Traffic
- due to Emergency Planning Measures.
2.4 Security and Privacy
IzyWifi is not liable for any lack of privacy or security that may arise when using IzyWifi’s equipment during the rental period.
2.5 CUSTOMER ENGAGEMENTS
Customer agrees to the rental terms as stated in the Agreement. Except as otherwise provided therein, the following shall apply.
The customer must not :
- use any Equipment or Services for any purpose that is abusive, illegal or fraudulent
- do anything that causes the Network to be impaired or damaged
- Sublet IzyWifi’s equipment
- make changes to the equipment rented by IzyWifi (including the internal software of the mobile hotspot).
- remove any item from it (change the SIM Card).
Upon delivery, the Customer shall promptly inspect and test the Equipment. The Customer shall promptly notify IzyWifi of any non-conformities detected upon such inspection or during later use. Unless Customer is a Consumer, it shall, in the absence of such notice, be deemed to have approved of such non-conformities.
The Customer shall:
- reasonably protect the Equipment against the risk of destruction, damage, and/or loss through, theft, etc.;
- maintain the Equipment in an orderly and functional state
The Customer must at its own cost:
- assume all responsibilities as the possessor and user of the Equipment
- hold IzyWifi harmless of (a) any public or private cost, fees, levies and/or taxes, arising from holding and/or using the Equipment, and (b) any claims asserted by third parties, including public authorities, in connection with its use, operation or holding of the Equipment, except to the extent that such claims are Imputable to IzyWifi;
Where Customer is in breach of its obligations under this Sec. 3, IzyWifi shall be entitled to suspend the Customer’s use of the Services. Before exercising this right, IzyWifi shall notify the Customer of its intention to do so where this is reasonably practicable, allowing an opportunity to remedy the alleged breach (where it is capable of remedy); otherwise IzyWifi shall notify Customer as soon as reasonably practicable after the suspension. During any period of suspension, Customer shall continue to pay all Charges due under this Agreement in respect of the suspended Services
All cancellations must be made by sending E-mail at IzyWifi@IzyWifi.com and explaining that you want to cancel your reservation (Cancellation fees: Sec 5.4.3 and 5.4.4).
4 START, DURATION AND TERMINATION OF THE CONTRACT
The contract between IzyWifi and customer starts when the customer completes the booking form on the site IzyWifi http://www.IzyWifi.com . IzyWifi has two days to send a reservation confirmation e-mail stating that IzyWifi have availability and accept the contract.
The contract ends as soon as the customer returns the rented hotspot at IzyWifi.
The customer is required to pay a daily rental fee for the hotspot from the rental start until the date of the return.
5 CHARGES AND PAYMENT
IzyWifi states all Charges inclusive of VAT
5.1 PAYMENT CONDITIONS
The payment of IzyWifi services is made by credit card.The credit card transaction will be processed and secured by our providers CIC Bank.
IzyWifi may require a reasonable security, such as a credit card guarantee, from the Customer upon conclusion of the Agreement for claims under Sec. (CHARGES FOR LOSS AND DAMAGE). For this purpose, IzyWifi will ask for authority from the card issuing company for an amount equivalent to the Replacement Fee (100 Euros). In the events described in Sec. (CHARGES FOR LOSS AND DAMAGE), IzyWifi may use the credit card information to charge the Customer for the Equipment’s use, replacement or repair.
5.2 CHARGES FOR USE
IzyWifi maintains the right to debit the Customer the amount due for a late return of the Equipment in accordance with Sec. (LATE FEES).
If Customer reasonably and in good faith disputes an invoice or part of it, Customer shall notify IzyWifi of such dispute within 14 days of receipt of the invoice, providing details of why the invoiced amount is incorrect and, if possible, how much Customer considers is due.
The customer shall not be entitled to set off any of its claims against claims of IzyWifi, except where the customer’s claims are undisputed or have been confirmed by final court judgment
5.3 CHARGES FOR LOSS AND DAMAGE
The customer is solely responsible for all loss or damage to the equipment during the rental period. For the case of loss or damage of each device a deposit of EUR 100 must be secured and is retained in the event of a claim.
In case of a claim, the following amounts will be used:
- Full loss or device loss: EUR 60
- Charger: EUR 10
- Cable: EUR 10
- Sim : EUR 10
5.3 LATE FEES
Failure to return the equipment (including all accessories and user guides) promptly to IzyWifi will incur additional late charges.
- Return from France
All returns must be postmarked from France at latest the business day following the rental’s end date. All returns must be made using the supplied prepaid return envelope. If this envelope has been lost, the equipment must be returned using a 3 days max shipping method. This shipment method must be paid for by the customer.
- Return from outside France
Sending back the equipment is the customer’s responsibility, and for this the customer should choose an “express” delivery option.
The address for the shipment is:
IzyWifi – Lyma Sarl
193 Rue C. Brunschvicg
In the event that we fail to receive the equipment, or any portion of the equipment, three business days after the specified rental end date, the customer will incur a daily penalty fee of EUR 10 until the date the equipment is received. If for any reason the customer is unable to return the equipment to us, including but not limited to the equipment being lost or stolen during the rental period, the customer should contact IzyWifi immediately via email to : Izywifi@Izywifi.com , so that additional late charges are not incurred. For any complaints regarding the late fees the customer must provide the confirmation of the return of equipment to IzyWifi to ensure that the equipment was sent back as the customer claims.
The customer is responsible for checking that the delivery mode he chose is compatible with the date of order and the first day of rental. It is the customer responsibility to make sure that the mobile hotspot’s delivery will be accepted. If the delivery address entered by the customer during the booking phase is not his own address, it is the customer’s responsibility to warn the hotel (or office, third party…) so that they accept the delivery on his behalf.
Mobile hotspots lost because of a wrong and/or incomplete address provided by the customer will be charged to the customer following the amounts defined in paragraph Sec (Charges for loss and damage).
All return must be made by using postal returns and must be postmarked at latest the business day following the rental’s end date. The address for the shipment is :
IzyWifi – Lyma Sarl
193 Rue C. Brunschvicg
IZYWIFI equipment shall be returned in working order and good physical condition. The customer assumes all risk of loss and damage from the return of all equipment to our designated address.
For any complaints related to the IZYWIFI return policies the customer must be able to proof the shipment.
8 RESERVATION OF TITLE AND USAGE
The IzyWifi hotspot device shall always remain the property of IzyWifi. Any notes on the devices may not be changed or removed or be disguised. The customer is only entitled to use the device for purpose stated in this contract. Any use of the IzyWifi mobile hotspot contrary to the purposes described herein is prohibited. It’s strictly forbidden to customer to remove or change any parts of the device. The device could not be used with any other SIM card than the provided one.
On the consignment of the mobile hotspot an instruction sheet is allocated to the customer. The customer must use the device carefully. The customer must pay for damages on the devices.
9 REFUND / CANCELLATION / MODIFICATION POLICY
The customer may cancel any reservation at any time at no charge until the device is préparrer for shipping. This means 5 business days before start date.
To modify, shorten or extend his rental contact us at : Izywifi@Izywifi.com
10 DAILY QUOTA AND REDUCED SPEED
Our daily quotas are pooled, and can be used whenever the client wishes during his rental period. For example, if a customer rents a device for 5 days, with a quota of 500 megabytes per day, he has an available quota of 2 500 megabytes, which he uses the way he wants during these five days.
If the customer uses more than his quota, the speed could be drastically reduced and Customer may have very limited access to the Service.
It is your responsibility to track your consumption using tools on your equipment (smartphone, tablet or laptop) as the consumption reports we have can sometimes come a couple of days after the consumption.
All data provided by customers during the rental and usage of the IzyWifi equipment will be protected corresponding to the relevant terms of privacy regarding customer data. All customer provided data saved by IzyWifi, will be explicitly used for purposes of contractual fulfillment and to inform the customer about products related to their contractual agreement. In this regard the customer agrees explicitly, that they approve and agree to the mailing of such information, also for marketing purposes and in electronic form, e.g. via email. A revocation of consent may be served at any time, but must be made in writing to IzyWifi, stating the affected email addresses. Any such data is is protected by French law “Loi N° 78-17 Informatique et libertés du 6 Janvier 1978” that states that the customer can access, modify or delete any personal data, and that he could use this right by writing to:
IzyWifi – LYMA Sarl,
193 rue C. Brunschvicg,
38920 Crolles – France
11 LIABILITY AND WARRANTY
IzyWifi is not responsible for detriments arising as a result, that the proposed service is not or not constantly available, unless IzyWifi must take responsibility for damages as a result of serious negligence. IzyWifi provides no guarantee for the constant availability of the relevant services of IzyWifi. IzyWifi will use its best efforts to ensure that the availability of the respective services provided reach the greatest possible level of service; particularly IzyWifi will exchange defective WIFI devices and will not settle for days or periods of non-usability.
For any request please write an e-mail to Izywifi@Izywifi.com
12 FINAL PROVISIONS
In the case of disputes, the competent courts are the ones of the jurisdiction of the “Cour d’appel de Grenoble”
For any requests please write an e-mail to Izywifi@Izywifi.com
Our business address is:
IzyWifi – LYMA Sarl,
193 rue C. Brunschvicg,