TERMS & CONDITIONS

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RENTAL AGREEMENT

This rental agreement sets out the general conditions under which it will provide the services offered through the website "backpackWiFi.pt" (hereinafter, the site).

Rental services will be provided based on the contract between the site user (hereinafter, referred to as "Customer") and Sérgio Paulo Pereira Dores Candeias (hereinafter, the "Provider"), individual entrepreneur, taxpayer number 163884188 and economic activity code (CAE) 62030, sole owner and rightful owner of the national trademark "BackpackWiFi", registered under number 565221 at the Instituto Nacional da Propriedade Industrial (INPI).

This agreement covers all rental services provided on the site.

Before accepting or signing, the CUSTOMER SHOULD READ CAREFULLY ALL THE TERMS AND CONDITIONS SET FORTH HEREUNDER.

By accepting, clicking on the "I ACCEPT" checkbox, or when signing this document you agree to be bound legally by these Terms and Conditions as well as future and required by the Terms and Conditions to be updated according to the Law.

The Provider reserves the right to change this RENTAL AGREEMENT at any time. Such changes will be applied to future rental services after the date on which the amendment enters into force.

TERMS AND CONDITIONS

DEFINITIONS AND INTERPRETATION

"Agreement" means the acceptance of these terms and conditions, the rental form and any other supplement or similar agreement between the customer and the provider for the provision of services.

"Site" means the electronic platform http://www.Backpackwifi.pt on the Internet.

"Customer" means any individual or legal person who hires the provider of the services. The customer is identified by NAME and SURNAME in the rental form.

"Provider" corresponds to Sérgio Pereira Paulo Dores Candeias, being the sole owner and legitimate holder / owner of the national trademark "Backpackwifi".

"Charges" means all expenses related to the provision of services to be provided by the Provider and to be paid by the customer, including amounts invoiced by the Provider for and on third name (s), depending on the rental form.

"Equipment" or "device" means the Mobile Hotspot Modem (which includes the SIM card, battery, mains adapter, USB cable, carrying case and any other accessories included) rented from the site.

"Deposit" means the deposit of €30.00 (Thirty euros) required Customer as collateral, and must be paid at time of booking for each rented device.

"Network" means the network (s) (s) provided telecommunications or acquired by the Provider for the provision of services to be provided to (s) client (s) by BackpackWiFi brand and / or their supplier (s) network .

"Rental Form" means the rental contract devices that will be sent to the Customer's e-mail account after confirmation and acceptance of your order.

"Rental Period" means the period of time between the start date and the expiry date designated on the rental form or other formal documentation.

"Services" means the device rental services and other mobile services that are provided to you the Customer by the provider.

1) RENTAL PERIOD

The rental period will begin on the start date and will end after its expiry date designated in the rental form.

2) AUTHORIZATION AND ELIGIBILITY

If You rent the equipment on behalf of a third party (whether a company or legal person) and not for their own personal use, means that the customer is to declare to the provider, expressly, unequivocally and without reservation, that is and ensures that fully meets is authorized to enter into this agreement on behalf of such third party and which is legitimized to link the third according to the terms and conditions of this Rental agreement. Customer represents and warrants that, to the provider and for the purposes of this Agreement, which is not to commit any fraud or misrepresentation to enter into this Agreement Rental.

Despite the use of the equipment can be available to users of any age, the Provider is limited to rent to adults at least eighteen (18) years of completed age and who are fully capable, aware and standing to celebrate the terms, conditions, obligations, representations and warranties set forth and proclaimed in this view with Rental Agreement to respect and comply with the terms set forth herein.

3) DELIVERY AND RETURN

Delivery:

When the Customer proceed to reserve the rental of a device through the site, you will be prompted an existing address in Portugal, land area which will be delivered exclusively such equipment.

You may opt also to choose an alternative place of lifting devices provided it is in the territory of Portugal.

In case of delivery of the equipment in a designated address, the device will be delivered to the address indicated by the Customer within the period of 24 hours before the date of commencement or, at least, in the morning (for up to 12 hours) from the very start date .

From the moment the device is delivered to the Customer's designated address this will be the sole and exclusive responsibility for the device and equipment.

It is your responsibility to ensure that you are available to receive and accept delivery of the equipment to be supplied by the Provider. If the customer is not present or able to welcome the device when it is available for final delivery to the address indicated by the Customer, it is understood explicitly that the customer authorized the provider or its agent, to leave the device and equipment at the designated address or at the front desk indicated by the Customer. Where the Customer indicates the address of a hotel for the delivery of device and equipment, the provider will be able to deliver the order and customer care at the reception of that hotel indicated by the Customer.

If the device is not able to work after receipt by Customer, it shall immediately notify the provider for the device replacement. It will be your responsibility to inspect, within the first 24 hours after confirmation of supply by the provider or its agent, all the equipment to confirm that they are in good condition and in working order, including all the required components and accessories. If the Customer does not proceed in accordance with the procedure in the body present, the device and its equipment will be deemed to be fit and in perfect condition.

If the Customer is not available to take delivery, for any reason, such equipment must also be considered delivered, leaving the customer responsible for returning the equipment at the termination of the contract and all related charges.

If the equipment to be delivered after the start date due to transport problems, the Supplier shall not assume any liability on account of the delay and will not assume any expenses and / or charges motivated by third parties, being completely oblivious Supplier to such situations.

Return:

To return the device, customer will need to place the device inside a prepaid envelope provided by the Provider and place the package in any mailbox "CTT - Correios de Portugal", addressed to the provider.

The Customer undertakes to return the device to the date set for his return. In case of default by the Customer, device and equipment return date a late penalty will be charged in the amount of €10.00 (ten euros) for each day of delay and will start on the day after the return date.

If you choose to leave the device in the reception/concierge of the Hotel to be returned to the Provider, the Customer will be to take any and all defects in the device detected by the Provider.

Failure to return the equipment (including all accessories) will result immediately in the assumption of all and any additional charges for the delay. If the Provider does not receive the device and the equipment, or any its part, the Customer will incur on a daily penalty fee, until the date the equipment is received by the Provider. The daily penalty rate will be based on a late fee of €10.00 (ten euros) per day. If for any reason Customer is unable to return the equipment to the Provider, including but not limited to the fact that the equipment has been lost and / or stolen during the rental period, customer should contact the provider immediately, so that the customer does not incur additional late charges.

4) CHARGES AND DEPOSIT

The Customer undertakes to pay, at the time of reservation, all charges underlying and related to the rental of any device or other equipment specified in the rental form. The rental charges for the use of the device and the equipment will be calculated according to the start and end dates designated by the customer or by the day that this actually comes to return the device and equipment if different from return date set.

The costs of renting will apply based on calendar days and not in fractional days.

The Provider will add a security deposit to total charges for equipment rental. The refund of the deposit will be fully or partially carried out depending on the examination done by the Provider to the device and equipment rented respectively, which will take place after the client device refund.

The cost of rent and / or deposit, as well as the optional delivery costs will be charged to Customer's credit card after confirmation of request. By providing a credit card or Paypal account to the Provider, the Customer shall authorize payments on is account.

Any day plus (extra) to use the internet service used by the Customer will be charged after the return of the equipment. The Provider shall deduct any service charges or late fees to the deposit amount, or in case any extra cost, the additional costs, if any, will be charged to Customer's credit card.

You are responsible for all additional costs and / or charges on any parts of the device or lost equipment and / or damaged. Provider will charge the Customer the additional charges provided for in this Section to the deposit amount or, alternatively, charge such amounts directly to the Customer's credit card.

The costs of any device loss and/or equipment shall be allocated as follows:

1 - Device repurchase and SIM card, and the consequent rate configuration / setup. This measure will be charged to the Customer additional charge;
2 - Loss of WiFi device: €30,00 (Thirty euros);
3 - Battery loss: €30,00 (Thirty euros);
4 - Loss of extra battery: €30,00 (Thirty euros);
5 - Loss of mains adapter: €20,00 (Twenty euros);
6 - Loss of USB cable: €20.00 (Twenty euros);
7 - Loss carry case: €20,00 (Twenty euros);
8 - SIM card loss: €20,00 (Twenty euros);
9 - Disfigurement: €20,00 (Twenty euros).

Customer is already now understand and acknowledge that the provider will not accept replacement device as a replacement for any of the charges referred.

The deposit will be refunded in full without interest (subject to deductions specified under the clause) within a maximum of ten (10) business days from receipt of the device by the Provider. The provider, however, will not be responsible for any fluctuation in exchange rates during the period in which the deposit is held.

All prices charged by the device rental(s) and services to be provided by the Provider are denominated in Euros. The rental charges are VAT inclusive.

5) REFUND POLICY

If the Customer will have some difficulty using the device shall immediately notify the Provider within the rental period in order to benefit from any possibility of refund or discount.

The Customer shall notify the provider in writing of any and all claims in respect of price charged by the Provider within thirty (30) days after the end of the rental period, given that date the right to claim the charged fee will be dispensed.

The previous cancellation to five (5) days from the date of the rental agreement imply a refund, being certain to be deducted the amount of €5.00 (five euros) to the total charges on operational costs.

Cancellation requested from 5 (five) to two (2) days in advance of the start date of the rental agreement will entail penalty fee of €15.00 (fifteen euros) to be deducted from the total charges. The Provider also reserves the right to deduct, exceptionally, any potential delivery costs, if any.

The cancellation less than 2 (two) days before the start date of the rental agreement will entail penalty charge of €40.00 (forty euros) to be deducted from the total charges. The Provider also reserves the right to deduct, exceptionally, any potential delivery costs, if any.

In the case of customer returns the device to Provider or ask for a cancellation after the start date and before the end of the rental period or any rental period (s) extended, any charge related to the rent paid will not be refunded.

6) USE OF THE DEVICE

From the moment the device is delivered to the address designated by the Customer, Customer will be responsible for the device. The Customer undertakes to use the device carefully and properly and in accordance with the instructions in the User Guide and in no other way.

Customer acknowledges and recognizes, accepts, that may not:

1 - use the device outside of Portugal;
2 - perform any repairs or modifications to the device;
3 - remove or interfere with device certification labels;
4 - unconfigure the device;
5 - trying to sell, rent, lease, charge, pledge, and will not lend the equipment or accessory, or even allow the use of the device by any third party;
6 - trying to destroy the device;
7 - using the machine for any illegal purposes.

The Customer agrees and accepts that should:

1 - take reasonable care device and use it only for the purpose it is intended;
2 - comply with all instructions given by the provider or any accompanying instructions on the use, storage and maintenance of the equipment and the customer will be responsible for any damage or deterioration resulting from any failure;
3 - allow the provider, upon reasonable notice, inspect the equipment;
4 - notify the provider immediately after any loss, damage or deterioration and / or equipment failure;
5 - be responsible and fully reimburse the provider for any expenses, costs for damage to or against us arising from any loss, damage or deterioration and / or failure of the system assigned to any act or omission by the Customer; and
6 - compensate the provider or third parties against any and all losses, damages, claims, costs, actions arising out of or due to any breach of contract, tortious act and / or omission and / or any breach of contract by the Customer.

In the event of stolen or lost device, the Customer must send direct e-mail and immediately to the provider for: info@backpackwifi.com.

7) REPAIR DAMAGED OR DEVICE

In case of device malfunctions, the Customer must notify, in writing, the provider immediately.

The provider will carry out repairs or eventual replacement as soon as possible the device, after written notice from the Customer. Provider will replacement device as soon as possible for a period equivalent to that of the remaining rental period, has long has customer do not violate its agreement with the provider.

8) PROPERTY

You agree to have full knowledge that the device belongs and will always remain the property of the provider. You have no rights other than the temporary use.

9) TERMINATION

The use of the device and all the services granted through this Agreement may be suspended or deactivated without notice by the provider from occurring any of the following:

1 - the Provider have any reason to believe that the device was obtained for any misrepresentation or fraudulent means;
2 - the Provider have any reason to believe that the device is or can be used for any unlawful or improper purpose or in violation of applicable laws;
3 - the Provider have any reason to believe that there is a breach of any provision of this contract.

In this events described above, the provider shall take immediate possession of the device, without being required to repay any part of the rental charges and shall have no liability to the customer for termination of the contract.

10) LIABILITY AND REPRESENTATIONS

Provider warrants that the equipment will be delivered in good condition and able when delivered to the customer, however, the Provider shall not be held responsible for device performance or the operation of the network to which the device is connected.

The Customer acknowledges that the Services may be temporarily interrupted or access obtained to a limited extent due to a variety of causes, including but not limited to, weather conditions, system capacity limitations, network coverage, location / placement, signal strength limited network system or device failure.

The Provider does not guarantee the correct operation of voice over IP applications (VoIP) such as Skype, Google Voice, Viber and others without limit, since it depends on the state of the network infrastructure, which is out of control of Provider.

11) GENERAL

Headings in this Agreement are for convenience of reference and shall not affect the meaning or construction of the terms and conditions contained herein.

This Agreement is personal and the position of the Parties may not be transferred wholly or partly, to any other person or this Agreement may be modified (or waived or modified arrangement) except by written document signed by the Provider or his duly authorized representative.

This Agreement constitutes the entire agreement between the Provider and the Customer with regard to the provision of the services in question and no other representations, conditions, warranties or guarantees agreements, express or implied, statutory or otherwise, about the use or rental the device or the services provided, except as provided herein.

The provider shall not be liable for any lack of privacy or security obtained from the use of equipment and services provided.

The following provisions may be changed or modified by the provider at its discretion, at any time, upon prior notice to you of such changes.

12) GUARANTEES

The provider will be responsible for the delivery of equipment in good condition for use and operation, and the proper functioning of them during the rental period. In case of contracted service failure is provider's responsibility to repair or replace the equipment without additional cost to the customer. If you need to replace equipment, the Customer will receive the same or similar equipment used for the remaining period of rental. It is your obligation to notify the provider immediately if you notice a problem in the machine.

13) EXCLUSION OF WARRANTIES

Apart from the above guarantee best described by the provider, this will not make representations, warranties, conditions or guarantees, express, implied, statutory or otherwise, oral or written, with respect to the equipment referred to in the rental agreement. The provider can not guarantee or make any statement about the quality of the associated equipment or network service. Provider can not ensure that the rented equipment will operate uninterrupted or error free and that work correctly in all locations and all telecommunications networks, as well as the telecommunications services provided by third parties, meets all your needs. The provider can not be held responsible for the legality, suitability, accuracy, quality or operation of any third party services. The provider declares that all other warranties with respect to equipment and lease services and all third-party services related to the rental agreement, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title and non-infringement of third party rights.

Customer assume the exclusive and sole responsibility for the use of the equipment and any breach of trust in relation to third-party services.

The provider declares that it will make every effort to delete all personal information left in the returned equipment, however, can not be responsible for ensuring such protection in the returned equipment. You assume the risk and responsibility to delete your personal data before returning the rental equipment to the Supplier according to this rental agreement.

14) CONSEQUENTIAL

The extent of permitted by Law neither the provider, or its officers, directors, employees, contractors, agents and representatives, will be in any case responsible for any damages, punitive, exemplary, special, incidental or indirect damages of any kind including but not limited to, loss of data or profits, loss of goodwill or business reputation, acquisition costs or replacement of goods and services, or punitive damages, or any other significant loss arising in connection with this agreement, whether such liability arises of any claim based on contract, warranty, tort (including negligence), strict liability, intellectual property infringement, or otherwise, and whether it has been informed of the possibility of such damages.

Provider agrees that these limitations should apply to any situations not covered in this rental agreement.

The Provider's liability shall be limited to the total amount of all expenses and charges provided for under this rental agreement.

15) INDEMNIFICATION

By agreeing and access this rental agreement, you agree to indemnify and not to sue Provider, its directors, officers, employees, independent contractors, representatives, agents and other customers against any and all claims, demands, losses , costs or expenses, including but not limited to, reasonable attorneys' fees, in any way connected with (a) a violation of the terms and conditions of the rental agreement and (b) any dispute between you and any third-party service.

The provider reserves the right to terminate its rental services or terminate and / or amend this rental agreement at any time, according to your own criteria. The expiration or termination of this rental agreement does not exempt the Customer from any payment obligations. You agree that the Provider may assign this rental agreement without notice in the event of merger, demerger, change, acquisition or sale of this business.

No waiver of any breach of the terms of this rental agreement shall be deemed a waiver of any subsequent breach thereof, or any delay or omission to exercise any right, power or privilege hereunder be deemed a waiver of such right, power or privilege. If any provision of this rental agreement is deemed unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining provisions shall not be affected by this operation. The meaning of this provision shall be interpreted as far as possible in the general terms of the law or customs so that you can make executable available. If no feasible interpretation possible of such a provision, it shall be severable from the remaining terms of this rental agreement which shall remain in full force and effect. This agreement contains the entire understanding of the parties regarding the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.

This agreement shall be governed by and construed in accordance with the laws of Portugal. Any dispute related to this Agreement shall be subject to the exclusive jurisdiction of the courts of Lisbon, Portugal.

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