General Conditions for provision of Wi-Fi Internet access Service by PT ACESSOS DE INTERNET WI-FI, S.A.
General Conditions for provision of Wi-Fi Internet access Service by PT ACESSOS DE INTERNET WI-FI, S.A., fiscal number 506 780 031, with main offices at Av. Fontes Pereira de Melo, nº 40, 1069-300 Lisboa, registered under number 12872 / 031204 at Lisbon’s commercial registry (Conservatória do Registo Comercial de Lisboa) with a capital of €50.000.
1.1 The present General Conditions Contract sets forth the terms and conditions that will rule PT Wi-Fi`s (PT Acessos de Internet Wi-Fi, SA) provision of Wireless Internet access service (Public Wireless LAN) to the Client, in public places designed as HotSpots using Wi-Fi technology (Wireless Fidelity – Wireless LAN) hereafter designated as Service.
1.2 The present General Conditions Contract includes all the Appendixes identified hereafter: Appendix I – Minimum Requirements, Appendix II – Rules for Use of the Service, Appendix III – Security of Service and Appendix IV – Tariffs, as well as the Subscription Service Form.
For the purpose of this contract the terms shown below have the following meaning:
Public Wireless LAN – Wireless Internet access service in public places, allowing a broadband access (54Mbp) via radio up to a distance of 300 metres;
HotSpot – wireless access point in a public zone, with a terminal network equipment supported in wireless technologies that permit the transmission of information, consequently allowing access to the Internet, Intranet and Extranets;
Agent – entity representing PT Wi-Fi in the commercialization of the Service, with the power to elaborate contracts and bill the Service chosen by the Client when subscribing the Service.
3. SERVICE SUBSCRIPTION CONDITIONS
3.1 The provision of the Service requires that the Clients equipment is in perfect working conditions and is compatible with Wi-Fi Technology in accordance with the terms defined in Appendix I of the present General Conditions Contract.
3.2 The present Contract will be considered effective on the date that the Service Subscription form is signed by the Client or, in the case of the pre-paid Service, on the first date that the Service is activated (“Effective Date”).
3.3 In cases where the contract is executed at a distance, the Client may freely terminate the Contract, by means of a registered letter with receiver claim to PT Wi-Fi, in a time period of no more than fourteen days from the date of its execution, except in the cases where the Client agrees to begin the provision of Service before the end of the time-period mentioned.
3.4 Use of the Service implies the knowledge and acceptance of the General Conditions for Provision of Service provided herein.
3.5 The Client is responsible for the truthfulness, reliability and entirety of the information provided when subscribing the Service.
4.1 To access the Service, PT Wi-Fi or its representing Agent will provide to the Client a personal identification code (“Username”) and an entry code to access the Internet (“Password”) which will be the Client’s identification elements and will have, as such, a personal and intransmissible character.
4.2 The Password is meant to be for the Client’s exclusive use and knowledge and the Client shall assure and protect in any circumstances its confidentiality and will not disclose it to third parties or operate in such conditions that will allow its copy or decoding.
4.3 PT Wi-Fi will not be held responsible for any losses or damages caused by the abusive use of the Password for which it is not liable.
5. ACCESS TO THE SERVICE
5.1 PT Wi-Fi will provide the Service to the Client through HotSpots with which an agreement has been made for that effect and are identified at the website (www.ptwifi.pt
5.2. The client will commit to enter the identification elements provided to him on every access to the Service, in accordance with number 1 of Clause 4.
5.3 As long as the Service is being used the Client will commit to observe and comply with all the applicable law, including the obligation of not incurring or promoting the practice of illicit action or any action offensive to lawful behaviour.
5.4 For security reasons, simultaneous access to the Internet using the Service with the same Username and Password will not be allowed.
5.5 The Client agrees not to use the Service provided in accordance with the present Contract to deliver unsolicited and indiscriminate e-mail messages, or to use mail boxes for advertising purposes.
5.6 Assistance to the Client will be available through the Customer Care Service at the free number 800 200 181 or the e-mail firstname.lastname@example.org
5.7 PT Wi-Fi is not responsible for losses of profits or other damages that have origin in the interruption of service in or connectivity:
a) Impossible to predict,
b) due to Client's fault
c) due to security reasons of the Internet configuration.
PT Wi-Fi is supported on an infrastructure that is configured in order to allow the best use of PT Wi-Fi service by the user, safeguarding the security of the service and the user. The PT Wi-Fi net is configured to:
a) Session Time Out - Loss of the service for Session Time Out : The user could be logged on continuously for 12 Hours without doing another login.
b) Lease IP - Loss/Attainment of IP to communications of the Equipment with the Net - 8 Minutes
c) Session Expired - Loss of the Service for session expiration, in case of not use or if there is an inexistence of traffic - 15 minutes.
6. REPAIRMENT OF INFRA-STRUCTURES AND SERVICE MAINTENANCE
6.1 PT Wi-Fi is responsible for the maintenance and repairment of the infra-structures, equipments and material belonging to PT Wi-Fi that are used to provide the Service.
6.2 In case the Client detects any flaw or interruption of the Service he should inform PT Wi-Fi immediately, by e-mail to email@example.com
or by calling free of charge 800 200 181, available 24 hours a day, 7 days a week.
7. LEVEL OF QUALITY SERVICE
The service is provided on a regular and continuous basis, and PT Wi-Fi guarantees the following level of quality of service: Maximum period for restoring the service – 12 hours
8. CHARGES, INVOICE AND PAYMENTS
8.1 The charges due by the Client to PT Wi-Fi for the provision of the Service result from the pre-paid and subscription tariffs valid at the moment, being that on the date of this contract, the applicable charges will be those provided to the Client and annexed to this Contract, constituting Appendix IV of the present Contract.
8.2 To obtain updated information on the Service Tariffs, the Client may go the website www.ptwifi.pt
8.3 The charges regarding the Subscription Tariffs will be included in the Agent’s invoice relative to the provision of the Internet access Service.
8.4 The invoices relative to the Service will be issued according to the terms and conditions set forth in the Provision of Internet Access Service Contract signed between the Client and the Agent.
8.5 In case of delays in the payment of any amount due by the Client in accordance with the present Contract, interest will be charged at the maximum legal rate over the unpaid amounts and for the duration of the delay.
9. CHANGES IN THE GENERAL CONDITIONS
9.1 PT Wi-Fi may change the present General Conditions for Provision of Wi-Fi Service, including the Appendixes.
9..2 In the case provided above, the Client will be notified, by e-mail or letter sent by post, with at least 15 (fifteen) days notice from the date of enforcement of the new conditions and in case he feels they are unfavourable he has 5 (five days) to send a written notification to terminate the present Contract, with no associated penalty. The termination of this Contract comes into effect on the date of enforcement of the new conditions.
10. INTELECTUAL PROPERTY RIGHTS
The Client expressly acknowledges and accepts that the text, software, music sound, photographs, video, charts or any other materials to which the Client has access through the Service are protected nationally and internationally by the applicable regulation concerning intellectual and industrial property rights for which reason any use of these materials can only occur under the express permission of its owners.
11.1 In case there is an interruption to the Service by reasons attributable to PT Wi-Fi, for a period of time superior to that mentioned on Clause 7, a discount on the amount correspondent to the duration of the interruption will be made over the price of the monthly subscription of the Service or, in the case of the pre-paid Service, the Client will receive the total amount spent when subscribing the Service.
11.2 PT Wi-Fi will not be held liable for any interruption of the Service due to reasons of responsibility of the Client or to failure of an equipment that is not its property, whatever its duration.
12.1 PT Wi-Fi is not liable for losses or damages arising from the breach or faulty execution of the present Contract when such breach or faulty execution is not directly or indirectly attributable to PT Wi-Fi as a malicious or serious violation, and will not be liable namely for (i) damages due to a Client or third party’s fault, (ii) arising from the completion of decisions made by the court or administrative authorities or (iii) resulting from situations of force majeure, meaning unpredictable or extraordinary circumstances outside PT Wi-Fi’s control such as fire, energy cuts, explosion, war, riots, civil insurrection, governmental decisions, strikes, earthquakes, floods or other acts of natural causes or situations beyond PT Wi-Fi`s reasonable control that prevent or damage the fulfilment of the obligations provided herein.
12.2 The Client expressly acknowledges and accepts that PT Wi-Fi is confined exclusively to the provision of the Service and is not responsible for the contents of the information or any data transmitted or received through the Internet, or of illegal facts or circumstances arising from it.
12.3 PT Wi-Fi is not responsible for the security of the information transmitted by the Client when using the Service nor for the reliability or integrity of all the information received.
12.4 The Client is not allowed to attack, even in an attempted way, the network or systems belonging to PT Wi-Fi or third parties, nor illicitly use system resources of third parties, namely by means of mail bombing, hacking, obtaining root access, tsunami, flood bots, nuke, flash, packet sniffers and flood pings.
12.5 PT Wi-Fi will not be responsible for losses (direct and/or lost profits) caused to the Client by any attack via the Service, to the network or the Clients systems, when they are not be attributable to PT Wi-Fi.
12.6 The Client acknowledges that there are risks, inherent to Wireless technologies, of interference in the levels of security, privacy and confidentiality of data. PT Wi-Fi will not be responsible for those interferences and eventual consequences, whenever they are not attributable to PT Wi-Fi.
12.7 The Client expressly recognizes and accepts that PT Wi-Fi is not responsible for the losses and damages resulting from unauthorized use of the service, including when this use is attributable to the Client, namely when he does not carry out the installation of the adequate software to protect access to the Service.
13.1 The present Contract comes into effect on the Effective Date and lasts, in the case of the Subscription Service, for the initial period of one (1) month and is automatically extended for successive and equal periods of time, except if it is terminated, by means of written notice from one party to the other, at least fifteen (15) days prior to the date intended for termination.
13.2 In the case of the pre-paid Service, the present contract comes into effect on the Effective Date and lasts for the period corresponding to the duration of the pre-paid Service, loosing effect at the end of that same period.
14. SUSPENSION AND TERMINATION OF THE SERVICE
14.1 In case the client fails to pay the charges set out in the invoices, PT Wi-Fi may suspend the provision of the Service following an eight (8) days written notice sent by e-mail to the Client in which he will also be informed of the steps he may undertake to avoid the said suspension.
14.2 The termination of the provision of the Service will be communicated to the Client by PT Wi-Fi, as provided in Clause 17, with at least fifteen (15) days notice from the effective date.
Any one of the parties may terminate the present Contract if the other defaults in complying with any of the obligations imposed by it, after sending an adequate written notice of eight (8) days, subject to the indemnity which may occur following the referred defaults.
16. PERSONAL DATA
16.1 The personal data supplied by the Client through the use of the Service shall be treated in accordance to the Law.
16.2 The responsibility for the treatment of personal data belongs to PT Wi-Fi.
16.3 Since the Service is partially transmitted in an open network – Internet – his personal data may circulate within the network with no security measures and risk being seen or used by non-authorized third parties.
16.4 According to the respective law, the Client has the right, free of charge, to access, correct or update his personal data, directly or by written request, as well as the right to refuse that it be used by PT Wi-Fi, by contacting the entity responsible for the treatment of personal data, PT Wi-Fi – Acessos de Internet, S.A Avenida Fontes Pereira de Melo, nº 40, 1069-300 Lisboa.
17. COMMUNICATIONS AND NOTIFICATIONS
17.1 The notifications to the Client regarding the Service or his contract with PT Wi-Fi may be sent by e-mail or normal post.
17.2 In case the Client intends to contact PT Wi-Fi he may do so by using the following e-mail: firstname.lastname@example.org
18. RESOLUTION OF CONFLICTS
18.1 Subject to appeal at judicial court or to the entities responsible for defending and promoting consumer rights, the Client may submit any conflicts arising from the contract to the existing and legally constituted arbitral and mediation mechanisms, as well as report, to PT Wi-Fi, any acts and omissions that violate the legal dispositions applicable to the Service.
18.2 The Client’s claims should be presented in a time period of no more than 30 days from the Client’s acknowledgement of the facts that lead to the complaint, and will be registered in PT Wi-Fi’s IT system. PT Wi-Fi will make a decision and notify the Client in a time-period of no more than 30 days from the date of the Client’s claim.
19. LEGISLATION AND APPLICABLE LAW
19.1 The present Contract shall be governed in accordance with Law nº5/2004 of 10th February that approves the "Lei das Comunicações Electrónicas" and further applicable complementary legislation.
19.2 Any dispute arising from the present Contract shall be ruled by the courts of Lisbon.
The present general conditions have been submitted to ICP-ANACOM – Autoridade Nacional das Comunicações for approval.
21. FINAL DISPOSITIONS
21.1 The client is responsible for the omission or inaccuracy of any information provided by him for the effects of this contract.
21.2 In case the client does not specifically express his intention in the asterisk options on the Service Subscription Form, his silence will be considered consent for the treatment of personal data and traffic and/or its respective release to third parties, subject to the Client’s right, at any time, of expressing the contrary.
21.3 The provision of the Service shall be governed in accordance with Lei nº5/2004 of 10th February
21.4 Stamp Tax, payable by the Client, under the legal terms.
Equipment Requirements to access the Service:
Laptop, PDA or any other Wi-Fi compatible equipment.
In case the equipment is not Wi-Fi compatible, a PCMCIA adapter or a wireless interface compatible with the standard 802.11.
To have a Microsoft Explorer V.5.X or a Netscape V.4.7 browser installed.
Allow the transmission Protocol TCP/IP.
Specific Rules for Using the Service
I – Security of the Network and Systems
a) The user is not allowed to violate (or attempt to violate) any system of authentication or security that protects the access accounts, servers, services or networks. Cases of violation include the following:
- Non-authorized access to foreign data (breach of privacy).
- Non-authorized search of vulnerabilities in servers, services or networks, namely the systematic detection of response to services (Scan).
- Entry or attempted entry in machines without the express authorization of the responsible people (Break In).
- The user is not allowed to intentionally interfere in the good working conditions of servers, services or networks.
These cases include, namely:
- actions of overcharge, combined or not with exploring the vulnerability of systems, that intend to damage the performance of services ((Denial of Service).
- mass delivery of packages (Flooding)
- any type of attempt to delay or disturb servers, services or networks
- the interception of data in any network or server without the express authorization of its legitimate owners
b) It is not allowed to falsify (introduce, modify, suppress or erase, in the whole or in part) data, after editing, with the intent to deceive or mislead the receivers of that data. Cases of forgery include, but are not limited to, the following situations:
- change of IP addresses (IP Spoofing).
- change in the identification of E-mail messages or News.
c) The user is not allowed to use remote computers as “proxies” for purposes of traffic directing.
Security of Services
The abusive use of email messages may cause inconvenience and damage to other users of the network, either directly or indirectly, as it disrupts the normal working conditions of supporting systems of the service. For this reason it is not allowed:
- to send e-mail messages to those persons who have (expressly) declared they don’t want to receive them.
- to send the same message or messages to a number of destinations equal or greater than 50, except in special situations duly recognized as such by PT Wi-Fi.
- To send messages of a dimension greater than 10 MB.