Terms & Conditions
Definitions of Lease Agreement.
MACHINES: Hardware of the portable WIFI rental service, that includes:
Rental Station / Charging station for portable WIFI routers
Portable WiFi routers for all slots in the rental station
Power cable for the portable WIFI rental station
CUSTOMER: The lessee of the Lease Form, Lease Agreement, and Lease Conditions. This is the party that will install the portable WIFI rental station in their property, to offer a service to its guests.
OPERATOR: The lessor of the Lease Form, Lease Agreement, and Lease Conditions. This is HUBBY to go, the party that produces the hardware for the portable WIFI rental service and supports the operations of the service.
Scope of Lease Agreement
This Lease Agreement ("Agreement") is entered into as of the effective date specified on the Lease Form, by and between [HUBBY to go B.V.], with it's principal address at Vincent van Goghstraat 193, 1072KZ, Amsterdam, The Netherlands ("Lessor"), and [Partner Name] ("Lessee"), collectively referred to as the "Parties". The purpose of this Agreement is to facilitate the installation and operation of HUBBY to go's MACHINES at the premises of the Lessee, in order to provide guests with a convenient and accessible means to rent portable WiFi devices for their use outside the Hotel premises.
The scope of this Agreement encompasses the provision, installation, maintenance, and revenue-sharing terms between the Parties. The Lessor shall be responsible for providing the MACHINES, as well as the necessary software, updates, and technical support for the proper functioning of the WiFi router rental stations. The Lessee shall be responsible for providing adequate space within the venue, as well as any necessary utilities, for the successful installation and operation of the MACHINES.
In consideration for the MACHINES, the Parties agree to a revenue-sharing arrangement, whereby the profits generated from the rental of portable WiFi devices shall be divided between the Lessor and the Lessee. No additional monthly or yearly payment will be required from the Lessee for the use of the MACHINES, other than the initial costs associated with shipping and installing the Hardware at the Hotel's premises. The Parties shall negotiate and agree upon a percentage split of the revenues, which shall be outlined in a separate addendum to this Agreement. The Lessor will issue periodic statements, reflecting the revenue generated from the Hardware, and payments shall be made accordingly.
Terms and Conditions for Lease Form
§1. Legal Addresses and Notifications
The contact addresses written in the lease form are the legal addresses of the parties, and any notification to these addresses shall be binding on the parties unless they mutually notify the parties of the changes of address in writing.
§2. Validity Conditions for Signed Agreement
In cases where the lease form is signed through the representative or by proxy, the addition of the relevant power of attorney, representation-authorization certificate and/or signature circular to the Agreement is a condition of the validity of the Agreement.
§3. Machinery Dispatch and Delivery
Upon the signature of this agreement and when the relating transactions have been performed, the OPERATOR sends the number of rental stations, model, serial number(s) and other relevant information to the CUSTOMER and will initiate the delivery of the MACHINES to the CUSTOMER in a ready-to-work state.
§4. Delivery Receipt and Responsibility Transfer
By signing the Lease Form, the CUSTOMER agrees to ensure that the MACHINES will remain intact, clean, and activated inside the hotel. From the moment the MACHINES are rented by the CUSTOMER's (hotel)guests, the direct or indirect responsibility arising from all kinds of risks and damages passes to the CUSTOMER's guest, until the MACHINES are returned.
§5. Exclusive Delivery and Use at Customer's Address
The MACHINES shall be delivered exclusively by the CUSTOMER and in the workplaces of the CUSTOMER at the address specified in the Lease Form in accordance with the provisions of this T&C, and the CUSTOMER shall not move, use, or have used the MACHINES elsewhere.
§6. Protection, Liability, and Return of Machines
The CUSTOMER shall carefully protect all machinery, equipment, and materials received, shall take the necessary measures against fire, flood, falling, impact caused by another item, theft, etc. and shall return them to the OPERATOR immediately, in full, and without damage in the event of termination of the contract. If the CUSTOMER terminates the contract before the contract ends, the CUSTOMER will be responsible for shipping the MACHINES back to the OPERATOR. In the event of damage or theft of the MACHINES during the lease term, CUSTOMER shall be held financially responsible for the total cost price of the hardware, amounting to €850, as well as the applicable shipping fee for the delivery of replacement MACHINES. The shipping fee shall be determined based on the shipping method, destination, and other relevant factors at the time of replacement. CUSTOMER agrees to pay the full amount owed for the damaged or stolen MACHINES and the shipping fee within 30 days of receipt of an invoice from the OPERATOR.
§7. Quality Service Provision by the Operator
The OPERATOR agrees to provide quality service to the CUSTOMER's devices at the address mentioned above. The OPERATOR shall decide where to place these vending machines to ensure that the service is provided in full and effectively.
§8. Technical Maintenance and Repair
OPERATOR shall carry out the technical maintenance and repairs through the personnel authorized by the OPERATOR in the time periods to be determined according to the location, frequency of consumption, and need of the CUSTOMER facility.
§9. Handling Technical Failures and Service Requests
All equipment, materials, services, and other operational requirements related to Internet services shall be provided by the OPERATOR. In the event of technical failures that may occur in the machines despite the regular service provided by the OPERATOR, the OPERATOR shall remedy the defect within a reasonable time following the CUSTOMER's service request.
§10. Communication Channels for Requests
All requests will be communicated with the following email address: firstname.lastname@example.org. For customer support requests, the users can contact us via email@example.com or via our customer support on the website: www.hubbywifi.com
§11. Payment Terms
The CUSTOMER agrees to pay the OPERATOR a one-time fixed fee for the shipment, installation, and risk coverage of the MACHINES in the amount specified the Lease Form. The payment shall be made in full, in Euros.
§12. Contract Duration and Termination
This Lease agreement is valid for a period of 12 months from the date of signing, and it will be renewed automatically for subsequent 12-month period unless either party provides written notice of non-renewal at least 30 days prior to the expiration of the then-current term. Either party may terminate this Agreement for material breach if the breaching party fails to cure the breach within 30 days after receiving written notice of the breach from the non-breaching party.
§13. Consequences of Termination
Upon the termination or expiration of this Lease Agreement, the CUSTOMER shall return all MACHINES to the OPERATOR within 10 days, in good working order, reasonable wear and tear excepted.
Both parties agree to keep all confidential information received from the other party during the term of this lease Agreement strictly confidential and not to disclose such information to any third party, except as required by law or with the prior written consent of the disclosing party. This obligation shall survive the termination or expiration of this Agreement.
§15. Force Majeure
Neither party shall be held liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, natural disasters, or failure of communication or transportation systems.
§16. Applicable Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising out of or in connection with this Agreement shall be resolved by arbitration in accordance with the rules of the Dutch Chamber of Commerce. The arbitration shall be conducted in the English language, and the venue of the arbitration shall be in the Netherlands
§17. Entire Agreement
This Agreement, including the lease form, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, between the parties relating to the subject matter hereof.
No amendment or modification of this Agreement shall be valid or binding upon the parties unless made in writing and signed by both parties.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed to be replaced by a valid, legal, and enforceable provision that most closely approximates the original intent of the parties.
All notices and other communications required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally, sent by registered mail, or email to the addresses specified in this Agreement.
§21. No Waiver
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. No failure or delay by either party in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege hereunder.
The CUSTOMER may not assign, transfer, or delegate its rights or obligations under this Agreement without the prior written consent of the OPERATOR. The OPERATOR may assign this Agreement to any affiliate or successor in interest, provided that such affiliate or successor agrees in writing to be bound by the terms and conditions of this Agreement.
§23. Relationship of the Parties
The parties hereto are independent contractors, and nothing in this Agreement shall be construed as creating a partnership, joint venture, employment, or agency relationship between the parties. Neither party shall have the authority to bind the other party or to incur any obligations on the other party's behalf without the other party's prior written consent.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimile or electronic signatures shall be deemed to be original signatures for all purposes.
§26. Representation and Warranties
Each party represents and warrants to the other party that: (a) it has the full right, power, and authority to enter into and perform its obligations under this Lease Agreement; (b) the execution, delivery, and performance of this Lease Form have been duly authorized by all necessary corporate action; (c) this Lease Agreement constitutes a legal, valid, and binding obligation, enforceable against it in accordance with its terms; and (d) the entering into and performance of this Agreement do not and will not violate, conflict with, or result in a breach of, any of its contractual obligations or the provisions of its articles of incorporation or bylaws.
Each party shall indemnify, defend, and hold harmless the other party, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, losses, liabilities, damages, expenses, and costs (including reasonable attorney fees and court costs) arising out of or resulting from the breach of any representation, warranty, or covenant made by the indemnifying party in this Agreement or the failure of the indemnifying party to perform its obligations hereunder.