Terms and conditions

1. Definitions

1.1 Equipment

This includes all devices and goods, including routers and software, necessary for the realization of wireless Internet will be supplied by Free Wifi.

1.2 Services and/or products

This includes all goods and services supplied by Free Wifi and/or Free Wifi representatives, including subscriptions and all activities, including the supplying of advice, carried out by Free Wifi and/or Free Wifi persons for a client.

1.3 Invoice

This includes all invoices collected by Free Wifi by direct debit collection as well as invoices sent which must be paid by the client within one month.

1.4 User

The natural person using the Free Wifi hotspot.

1.5 Data

The personal data of the users made available to the client by Free Wifi.

1.6 Help desk

Free Wifi employees who can be reached by telephone during office hours in support of the services and/or products.

1.7 Client

The natural or legal person entering into an agreement with Free Wifi, both directly and indirectly, concerning Free Wifi, the Free Wifi formula and/or the services and/or products to be delivered.

1.8 Network

The wireless internet network delivered by a third party and emitted by the equipment.

1.9 Network name

The name of the wireless internet network emitted by the equipment;

1.10 The present terms and conditions

These general terms and conditions.

1.11 Order

The client’s order as mentioned in the agreement.

1.12 Agreement

The agreement between Free Wifi and a client.

1.13 Writing

Any communication or correspondence relayed by letter or e-mail;

1.14 Free Wifi hotspot

Client’s location where persons may obtain access to the networks.

1.15 Free Wifi

Free Wifi having its official place of business under its articles of association in Curaçao and registered with the Chamber of Commerce.

1.16 Free Wifi persons

All natural or legal persons who are employees, directors, business agents or suppliers of Free Wifi or for whom Free Wifi is responsible;

1.17 Splash page

The Internet page preceding and following the login page as well as the Internet page preceding the home page.

1.18 Home page

The Internet page a person will always first be referred to after the splash page.

1.19 Carrier network

An internet provider who provides the fixed line (or other) internet connection to the location, whether delivered by the client.

1.20 Client branded product

A version of the product where the network name is customised with the client’s name of choice and branding, and the splash page is client branded.

1.21 Initial order

The first client order.

1.22 Installation

Installing Free Wifi approved equipment at client venue.

1.23 Set up fees

The set up fees specified in the client contract at time and date of agreement of sale.

1.24 Venue

The premises at which approved equipment is situated.

1.26 Product commencement date

The date agreed between the client and Free Wifi at which supplying of the product will begin.

1.27 Reset

The reset button located at the back of the router to erase all settings on the device.

2. General

2.1 Application of terms and condition

The present terms and conditions will apply to all offers, quotations and agreements of Free Wifi, and all deliveries of services and/or products of and/or by Free Wifi.

2.2 Third parties involvement

The present terms and conditions shall also apply to any agreements with Free Wifi for which Free Wifi has to involve third parties, and the present terms and conditions are drawn up by the employees and board of directors of Free Wifi.

2.3 Refusal of conditions

The applicability of any general, purchase, delivery and/or other conditions of the client and/or a third party is expressly refused.

2.4 Voidability of agreement

In the event that one or more provisions of the agreement and/or of the apropos unique delivery and/or the present terms and conditions appear to be wholly or partly void or voidable at any moment, the parties will continue to be tied to the other provisions of the above-mentioned agreement and/or conditions. In that case, Free Wifi and the client will hold a dialogue to agree on new provisions to replace the void or voided provisions, which are as close as possible to the object and purpose of the original provisions.

2.5 Clearness of interpretation

Should there be any lack of clearness about the interpretation of one or more provisions of the agreement, special provisions and/or the present terms and conditions, this provision or these provisions will have to be interpreted ‘in the vein’ of this provision or these provisions.

2.6 Interpretation of exclusive situations

If a situation takes place between the parties which is not stipulated in the agreement, the special provisions or the present terms and conditions, this situation will have to be interpreted in the vein of the agreement and the present terms and conditions.

2.7 Strict adherence policy

If Free Wifi does not require strict adherence to the present terms and conditions at all times, it will not mean that its provisions are not apropos or that Free Wifi would to any extent relinquish its right to require strict adherence to the provisions of the present terms and conditions in any other case.

2.8 Liability policy

Free Wifi is and cannot be held responsible for the loss of client’s company data, material and accidental corruption caused by virus, trojan infection and any malicious code that may/have been transmitted through the Free Wifi router. Free Wifi will take all possible precaution to maintain safety of client’s computer/server and it’s data by configuring firewall rules in the router.

3. Offers, quotations and orders

3.1 Contract provisions

All offers and/or quotations by Free Wifi are subject to contract provisions and hence not irrevocable to Free Wifi and they form an invitation to the client to enter into negotiations, unless indicated differently by Free Wifi expressly and in writing. If no term of acceptance is stipulated, no rights can be demanded from the offer or quotation in any way, if the products the offer or quotation is pertinent to are no longer available.

3.2 Manifest mistake or clerical error

Free Wifi will not be obligated to adhere to any offer and/or quotation if the other party can reasonably understand that such an offer or quotation or any part of it contains a manifest mistake or clerical error.

3.3 Acceptance of orders

Orders to Free Wifi are only considered accepted if acceptance is given in writing by Free Wifi. If acceptance varies from the order, the agreement will come into effect in accordance with the varied acceptance, unless the client indicates otherwise.

3.4 Compound quotation

A compound quotation does not obligate Free Wifi to carry out a part of the assignment at a part consistent with the quoted price. Offers and/or quotations will not automatically apply to future orders.

3.5 Refusal of orders

Free Wifi is reserves the right to refuse orders without specifying any reasons.

4. Terms of delivery

4.1 Guidelines of delivery

All terms (of delivery) specified by Free Wifi or agreed with Free Wifi are but guidelines and never deadlines of which non-observance establishes a default for Free Wifi.

4.2 Deadlines of delivery

If it is likely that a deadline is not going to be met, Free Wifi and the client will seek a dialogue as soon as possible.

4.3 Failure of meeting deadline

In the event that Free Wifi fails to meet a deadline, the client will give notice of default to Free Wifi in writing. Free Wifi will be given an equitable term to perform the agreement at a later date. During this equitable term the client cannot claim any recompense for any loss sustained and the client does not have the right to end the agreement without full recompense to Free Wifi.

4.4 Dependency of information

If Free Wifi depends on information and/or data of the client in the execution of an agreement, the term (of delivery) will be extended with a period equivalent to the term the client failed to supply this information and/or data, with the addition of two weeks.

4.5 Delivery at venue

Delivery takes place at the client’s venue. The client is obligated to accept delivery of the products at the time they are delivered to him/her. If the client refuses to accept delivery or is remiss in supplying the information or instructions needed for delivery, Free Wifi is reserves the right to collect the goods for the account and at the client’s own risk.

4.6 Activities by third parties

Free Wifi reserves the right to have certain activities carried out by third parties. If any activities within the framework of the agreement are carried out by Free Wifi or by a third party hired by Free Wifi at the location of the client or at a location selected by the client, the client will arrange any facilities reasonably desired by these persons and at no expense to them.

4.7 Execution in several stages

Free Wifi reserves the right to execute the agreement in several stages and to invoice the performed stages on separate occasions.

4.8 Reneging consequences

If the client reneges proper execution of that which he is tied to according to Free Wifi, the client will be accountable for any loss or damage (including costs) directly or indirectly sustained and/or to be sustained by Free Wifi.

5. Prices

5.1 Quotation of prices

All prices quoted by, agreed upon or in any other form specified by Free Wifi will be limited to tax and any other government levies, any costs sustained within the structure of the agreement, including travel and subsistence expenses, dispatch and administrative costs.

5.2 Modification of prices

Inflationary, general economic, political or organizational developments will give Free Wifi the right to modify its prices independently. Such developments will also give Free Wifi the right to modify its prices of an agreement in force.

5.3 Set up fees

Set up fees will be invoiced for on receipt of the terms of acceptance. Subscription charges will be billed to the client and debited monthly in advance, the first month will be pro-rated based on the following calculation:  monthly amount divisible by the number of days in the month multiplied by the number of days remaining in that month.

5.4 Tax laws changes

Free Wifi may change at any time with 28 days written notice to the client. Monthly subscription costs will not change for the duration of the contract. However, the debited cost may may be altered in light of changes in the tax laws within the territory of business. Notice will be given of such tax changes by Free Wifi to the client of no less than 28 days.

6. Payment

6.1 Payment by debit

Unless accorded otherwise, payment will be made by direct debit collection. Upon closing the agreement the client will authorize Free Wifi for that objective.

6.2 Payment by invoice

If it is accorded that payment will not be made on the basis of a direct debit collection, but only on the basis of invoices sent by Free Wifi, a term of payment of fourteen (14) days will apply, unless expressly accorded otherwise and confirmed in writing by Free Wifi.

6.3 Deduction or set-offs

Payment will take place without any deductions or set-offs.

6.4. Client’s right of objection

The client can only object to an invoice in writing and with a motivation and the client will do so within the term of payment as referred to in article 6.2, and should it not be done in this fashion the client will be considered to have accepted the Invoice (and the amount specified in it) and relinquished his or her right to challenge (any part of) the invoice. A timely objection lodged by the client does not release the client from his or her obligation to pay the invoice in time and in full.

6.5 Free Wifi’s entitlement

Free Wifi is entitled to change or add to invoice amounts after direct debit collection or dispatch.

6.6 Failure of payment

If the client has failed to meet his payment obligations in full within the term of payment, for reason of a failed direct debit collection or otherwise, the client will be in default by operation of law and Free Wifi will be entitled to remove its services to the client and/or to end the agreement with the client. The latter, however, will not be carried out until after payment has been demanded of the client and the client has failed to fulfil its payment obligation in full during a period of fourteen (14) days after the demand for payment.

Free Wifi may enforce a late or missed payment charge, per incident, up to ANG 25,- + tax. Continued late or missed payments may result in the contract balance being pursued in full.

6.7 Consequence of continued failure of payment

If the client has still not fully fulfilled his payment obligation after the term referred to in article 6.2. has expired, the client will owe the commercial interest enacted by the agreement over the outstanding amount, without prior notice of default being required.

6.8 Judicial costs

Regardless of any other directions given by the client, each payment by the client will primarily serve to settle any extrajudicial collection costs and/or any judicial costs the client owes Free Wifi and will subsequently serve to settle any interest due by the client to Free Wifi and only then to settle the oldest outstanding claim(s).

7. Retention of title

7.1. Lease basis of product

All goods delivered by Free Wifi within the frame of the agreement continue to be the property of Free Wifi. These goods are delivered on a lease-basis. After contract termination these products must be returned to Free Wifi. Failure to do so will result in a recollection fee of ANG 100,- + tax.

7.2 Reselling the product

Any goods delivered by Free Wifi, which in accordance with the previous paragraph are subject to the retention of title, will not be resold and will never be used as payment instruments. The client is not authorized to commit or obstruct any of the goods subject to the retention of title.

7.3 Property rights of Free Wifi

The client will always do everything that can be fairly expected to secure the property rights of Free Wifi.

7.4 Third parties involvement

If third parties affix the goods delivered subject to retention of title or want to create or exercise a right on the goods, the client will be obligated to inform Free Wifi of this immediately.

7.5 Insurance of Free Wifi’s product

The client is obligated to insure the goods subject to retention of title against fire, explosion and water damage as well as theft, to keep the goods thus insured and to submit the policy documents of these insurances for inspection at the first request of Free Wifi. In case of any profit from insurance Free Wifi will be entitled to this amount. As far as it is necessary the client pledges to Free Wifi, in advance, to cooperate in all that is or turns out to be necessary or desirable in this regard.

7.6 Free Wifi’s property of rights

In case Free Wifi wishes to exercise its property rights referred to in this article, the client gives his unmitigated and binding consent to Free Wifi and to a third party to be appointed by Free Wifi to enter into all the places where the property of Free Wifi is and to repossess the goods.

8. Services and guarantees

8.1 The product: service availability

Free Wifi will make every effort to be of service to the client. Technically it is impossible for Free Wifi to provide a completely (100%) error-free service, now that Free Wifi also depends on third parties within the frame of the services in question. Free Wifi explicitly states that it does not guarantee a fully (100%) error-free service. Any failures of the carrier networks are out of the control of Free Wifi and the client shall take commercially reasonable endeavours to resolve the fault with the carrier network and such failure shall not constitute a breach by Free Wifi.

8.2 Maintenance of the product

Free Wifi can change the service and/or technical parts. If this change should result in a (temporary) reduction and/or failure of the availability of the services, Free Wifi will inform the client about this promptly in beforehand. For proper operation of the system a wired broadband Internet connection with a speed of 8mb is the minimum requirement. This must be unfiltered and make use of DHCP for IP, DNS and gateway.

8.3 Helpdesk availability

To solve any problems which could occur during the service, the client may contact the Free Wifi Help Desk by telephone. During office hours from Monday to Saturday from 9 a.m. to 5.30 p.m. the Help Desk is available on the telephone number or e-mail address info@freewificuracao.com.

8.4 Network name adjustment

Free Wifi reserves the right to determine and adjust the network name. If the network name is altered Free Wifi will inform the client in advance, principally through the e-mail address specified in the agreement.

8.5 Network installation

In addition to the network already present at the client’s venue, Free Wifi is entitled to offer one or more other networks, temporarily or not, by means of the equipment it has delivered.

8.6 Homepage setup

Setting up an internet home page after third parties have logged on to the client’s wireless internet is at the disposition of Free Wifi. Free Wifi will at all times be authorized to make changes to it.

8.7 The product service / approved equipment

On the terms of acceptance, Free Wifi will:

  • Provide approved equipment for each hotspot and support the wireless network services at each hotspot.
  • Provide the client with access to a help desk during the service hours to assist with problems with the hotspot and / or the product.
  • Provide an initial or example design for the splash page and landing page.
  • Provide the client with access details to the product administration portal.

8.8 The product requirements

The client acknowledges that the ability of Free Wifi to provide the product is dependent on the availability of an acceptable internet service to the Free Wifi device. Free Wifi will advise the client of the required device specific internet requirements prior to the initial order. The client is responsible for its own internet connection.

8.9 The product suspension

Free Wifi may from time to time suspend or terminate the services to any and all hotspots for technical, operational or other reasons.

8.10 The product branding

Upon purchase of the product, the network name, splash page and landing page can be customised within the limitations of the software. Materials will be delivered to the client by Free Wifi for the product advertisement within the venue. Such materials will be Free Wifi branded. The client may request further materials from Free Wifi at a cost to be accorded. Non-standard material will be paid for by the client. Any alteration of the materials by the client must be approved in writing by Free Wifi. Free Wifi may vary the content and layout of the materials from time to time. Client branding requirements will be agreed prior to product commencement date.

8.11 The Product exclusivity

The client agrees that Free Wifi shall be the sole supplier of the wireless services for the duration of the client agreement with Free Wifi.

8.12 The product capacity

The capacity of the router is fifty (50) persons simultaneously. If more than fifty (50) persons wish to obtain simultaneous access through one certain router to the wireless Internet network, the router may become overburdened and may cease to operate or cease to operate properly. If the client expects a router to become overburdened, Free Wifi advises having one or more extra routers installed.

8.13 The product advertising

Free Wifi reserves the right to broadcast advertisement, promoting, and marketing products using the hotspot. This shall be done without compensation, other obligation or any other liability to the client. Advertising shall be done under strict guidelines. Free wifi shall not allow ads containing racial hate, nudity or adult content, drug use, excessive violence including harming of animals, shocking or disrespectful content and promoting domestic and international terrorism.

9. Splash page and landing page

9.1 Branding set up

Upon receipt of signature of agreement from the client, Free Wifi will apply a basic initial design to the splash page and landing page.

9.2 Branding changes

Any alterations to the splash page and landing page should be done in consultation with Free Wifi representatives. Email support is available during normal office hours.

9.3 Branding refusal

Free Wifi is entitled to dismiss any design of the splash page and / or landing page at any time and may withdraw the content from the network without notice or explanation from Free Wifi. Notification of withdrawal of content will be communicated to the client as soon as reasonably possible.

9.4 Image copyright

The client must hold permission to use any images, slogans, logos and / or other uploaded content from the content owner. Free Wifi carries no responsibility for any breaches of copyright law due to the illegal upload of such content to the splash page and / or landing page.

10. Data protection

10.1 Collected user data

Free Wifi and the client will both have access to user data where accorded and must both comply with the appropriate and current data protection laws. Free Wifi and the client shall comply with its obligations under data protection legislation.

10.2 Administrator rights of user data

The client acknowledges that Free Wifi is the data controller of the users’ personal data. Free Wifi licences the client’s use of the collected user data for the marketing of their core business via email or social media, under the condition the client uses a double optin form to subscribe their clients for marketing purposes. We at Free Wifi provides the tool for the double optin.

10.3 Continued usage of user data

Upon termination of service whether written, verbally or through expiration of contract, continued use of the user data is strictly prohibited. Any copies of the data be it physical or digital must be destroyed. Breach of this term will automatically and immediately result the renewal of service for the minimum contract period of 30 days.

11. Client obligations

The client shall:

  • At its own expense provide electricity to each item of the equipment needing electricity for the operation of the hotspot, pursuant to specifications of the authorised equipment.
  • Not undertake or permit any modification, repair, removal, or disconnection of the Free Wifi authorised equipment or client equipment or otherwise carry out any work on the same, and not use or permit to be used that equipment for any purpose other than the provision of the wireless network services by Free Wifi pursuant to this contract.
  • Throughout the term, that the product is provided, at each hotspot, promote the availability of wireless network services to users in the areas where the wireless network services are available and communal areas of the venue(s) using either the materials supplied by Free Wifi or the client’s own marketing materials.
  • Allow Free Wifi to publicise the availability of wireless network services.
  • Allow Free Wifi, upon fair notice and with prior agreement (which agreement shall not be unreasonably withheld or delayed) access to the hotspots:
    • to inspect, maintain, test or remove the Free Wifi or client equipment or the hotspot (as relevant)
    • to conduct quality of service measurement or other reasonable research with regard to the wireless network services.

12. Contract duration and termination

12.1 Contract duration

The minimum contract duration is 6 months excluding any promotional free trial periods. The contract duration is established on signature of acceptance for each location. The contract duration for one location will not affect the contract duration for any other location, unless a co-terminus contract is agreed.

12.2 Termination notice period

If a termination of service is wanted, the client must give written notice three months before the end of the contract. If the client do not give notice within the specified period, the contract is automatically renewed for a year. Please provide full contact details and name of the location.

The written notice can be send to: info@freewifiglobal.org
It is also possible to write a letter to the following address:

Free Wifi B.V.
Chuchubiweg 17
Willemstad, Curaçao

12.3 Consequences of termination

Upon termination of the product, the client will no longer receive the product or access to the product administration portal will be repealed. Termination of the product will not affect any agreement with any carrier network, and it is the responsibility of the client to end such agreement if so desired.

12.4 Late payment / missed payment charges

Free Wifi may enforce a late or missed payment charge, per incident, up to ANG 25,- + tax. Continued late or missed payments may result in the contract balance being pursued in full.

12.5 Termination charges

The client shall pay Free Wifi any outstanding contract amount upon termination of the contract. Free Wifi shall issue details of the outstanding balance within 72 hours of receipt of written confirmation of the termination of the contract.

12.6 Termination within 14 days

Should the client prefer not to proceed with the product within 14 days from the point of order, the client may cancel the product. The client must inform Free Wifi in writing to info@freewificuracao.com. Termination charges will apply. Any hardware or equipment being returned as supplied will be subject to a ANG 25,- + tax re-stocking fee will be removed from the refundable balance.

12.7 Early termination of contract

An early termination fee is a charge levied when the client wants to break the term of an agreed contract. Should the client wish to choose for this option, Free Wifi will enforce an early termination fee. The early termination fee is prorated and is calculated by taking the months remaining on the client’s service agreement (contract). Failure to fulfil this fee will result in prosecution unless otherwise agreed on.

12.8 Contract extension

Thereafter this agreement shall be automatically extended for indefinite period, unless either party, by written notice, requests the termination or renegotiations of the agreement not later than one month prior to the expiry date. Extensions start automatically once the original contract expires. They will take place on a month-to-month basis. No new contract needs to be signed. The terms and conditions remain the same.

13. Technical support

13.1 Support details, accountability and agreement

Free Wifi is responsible for its equipment and the availability of its services. Every network activity throughout Free Wifi’s equipment shall be daily monitored and in event of downtime Free Wifi will do it’s utmost best to have the product up and running again.

Support contacts details shall be provided to the client on the day of installation of Free Wifi’s equipment. Should there be any alterations this will be relayed to clients with reasonable notice.

Free Wifi is not responsible for any existing network installations installed by third parties. Thus Free Wifi will not make any changes to existing networks. Should the client wants to make changes, Free Wifi may give free consultation depending on the situation. If after consultation the client wants Free Wifi to alter its existing network, Free Wifi cannot be held accountable for any possible outcome.

Free Wifi will not provide support for hotspot users.

13.2 Reset the product

The client may not reset the product at any time. Doing so will erase all settings needed for the product to work. If the client resets the product, a re-configuration fee of ANG 100,- + tax will be charged. Power cycling the product is allowed at any time. Power cycling refers to the act of turning a device or piece of electrical or electronic equipment off, or otherwise disconnecting it from its power source, and then turning it back on again.

14. Demo policy

14.1 Fair usage policy of demo

Demo of Free Wifi’s product may be given to the client to test out the product. The demo has a trial expiration date of seven (7) days. After the trial period has been expired, the product will stop working automatically. During the trial period, the client has the right to view the collected data through the product. If the client wishes to continue use the product, agreement and contract has to be signed before re-enabling the product.

15. User policy

15.1 Free wifi policy towards hotspot user

Free Wifi may discontinue providing hotspot service to users that violates the ‘Acceptable Use Policy’. All services provided by Free Wifi hotspot may be used for lawful purposes only. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

Pornography and sex-related merchandising activities are prohibited on any Free Wifi hotspot. This includes visiting sites that may infer sexual content, or link to adult content elsewhere. This is also true for visiting sites that promote any illegal activity or content that may be damaging to Free Wifi Hotspot.

Free Wifi can't be hold responsible for the actions of the user that uses the hotspot service. Free Wifi configures the hotspot service in a way to prevent user to access illegal websites. Any user found guilty using the hotspot service for any illegal purposes will be reported to the authorities. Any direct evidence will be provided to the authorities.

These General Conditions are registered at the Court of First Instance of Curaçao under number 483

Last updated: 24 May 2018