Terms and Conditions
TERMS & CONDITIONS
Our Contract and responsibilities
These terms and conditions set out the contractual terms on which we (FusionWiFi Limited) provide services (social Wi-Fi and marketing services) to you, our client (“client”) signing below.
These services may include;
- Installation of your Fusion WiFi router;
- Access to the Fusion WiFi database;
- Automated marketing through our built-in email system; and
- Data capture.
The terms set out in this document shall take effect immediately upon your initial payment to Fusion WiFi or, upon the commencement of the work you have requested us to carry out, whichever is earlier.
The services will be provided by us at the rates quoted by us or, if we have not given a quote, at our standard charge rates which are available on the website.
Subscription for our services is payable monthly with the first payment due on purchase and subsequent payments due monthly from the date of delivery of the router or configuration file if you are choosing to supply your own router.
We will provide an internet router free of charge upon registering for a subscription via our website. The client will be liable for all postage and packaging costs for the router. If the client’s venue requires a higher specification of router or additional wireless hardware, the client will be liable for the additional cost incurred by Fusion WiFi.
If the client is unhappy with our services, they have the right to return the equipment to us within 30 days of receipt and receive a full refund. This will be transferred to the client within 7 working days of the equipment being returned to us.
The client must give one-months’ notice to cancel this subscription to [email protected]. The client will continue to receive such services for one calendar month following cancellation. Should the client cancel their subscription midmonth, the client will pay a prorated amount of the final bill.
If the client cancels within six calendar months of commencing the subscription, the client must return all equipment to Fusion WiFi at the client’s expense to the address stated on the website.
Unless terminated in accordance with our cancellation policy, we reserve the right to suspend or terminate our agreement if our fees are unpaid for 30 days or more.
Fusion WiFi will not be liable for any economic, indirect or special damages or losses arising from our provision of the services for the client.
As part of our services, we will process personal data for the purposes of providing the client (as the controller) with WiFi enabled premises and marketing related services.
The types of personal data we process on behalf of the client may include;
- Data of Birth;
- Current location;
- Sports interests;
- Location visited; or
- Any other information contained in the data subjects social media profile.
For the purposes of these terms, Data Protection Legislation means (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation in the UK to the GDPR or the Data Protection Act 1998.
Both parties will comply with all applicable requirements of the Data Protection Legislation. The parties acknowledge that for the purposes of the Data Protection Legislation, the Client is the data controller and we are the data processor. (Where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
The client will ensure that it has all necessary appropriate consents, procedures and notices in place to enable the lawful transfer of the personal data to/from FusionWiFi Limited for the duration and purposes of this agreement.
The client acknowledges that the client is accountable for demonstrating compliance with the data protection principles outlined in the GDPR and ensuring the client has a lawful basis for processing personal data.
The client will ensure all user information provided to Fusion WiFi is accurate and kept up to date.
The client must inform Fusion WiFi of any possible personal data breaches, or any need to remove an individual’s access to the Fusion web portal as soon as possible.
In the course of our activities in relation to personal data processed in connection with the performance of this agreement we shall;
- Only process personal data obtained through data subjects social media profiles such as Facebook, Google, LinkedIn, Twitter and email on behalf of the client unless otherwise required by the law to process personal data.
- Ensure that we have in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data;
- Ensure that all our personnel who have access to and/or process personal data are obliged to keep the Personal Data confidential;
- Not transfer any personal data outside of the European Economic Area unless the prior written consent of the client has been obtained.
- Assist the client, at the client’s cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
- Notify the client without undue delay on becoming aware of a personal data breach;
- At the written request of the client, delete or return the client’s personal data and copies thereof to the client on termination of the agreement unless required by law to retain the personal data;
- Maintain complete and accurate records and information to demonstrate our compliance with data protection legislation; and
- Cooperate fully with the supervising authorities.
- Continue to process information on behalf of the client so long as the client remains a customer.
We will not engage a third party processor for personal data under this agreement without the written consent of the client. If we engage a third-party processor, they will be bound by terms, which are substantially similar to these. We will remain fully liable for all acts or omissions of any appointed third-party processor.
From time to time Fusion WiFi may change these terms and/or pricing. We will notify you at least 30 days before these changes apply.
This agreement does not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors) pursuant to the Contracts (Rights of Third Parties) Act 1999.
Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In any such circumstances, the affected party shall be entitled to a reasonable extension of the time for performing its obligations. If the period of delay or non-performance continues for 90 days or more, the party not affected may terminate this agreement by giving 14 days written notice to the affected party.
This agreement may not be assigned by the client without our prior written approval.
We will take all reasonable steps to preserve the confidentiality of information supplied to us by the client, except where disclosure is required by law.
We may terminate this agreement with immediate effect if the client ceases trading or enters into liquidation, receivership, bankruptcy or administration.
This agreement is governed by and shall be construed in accordance with English law. Any disputes arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England.
Notices under this agreement must be in writing and sent to the other party by email, hand delivery, first class or recorded delivery post to the other party at its principal office.