Boosty Limited (“we”, “us”, “our”, “Boosty”) has provided or otherwise made available to you software, or substitute copies or upgrades of the software (“Software”) in order to improve the reliability of your business broadband connection by using your smartphone as a backup (“Service”). Before you use the Service by running the Software, carefully read these terms and conditions (“Terms”); by running or otherwise using the Software you agree to be bound by these Terms. You should save or print a copy of these Terms for future reference.
Boosty is a company registered in England and Wales under company number 08321686, our registered office is at 40 Princes St, Ipswich, Suffolk IP1 1RJ and our VAT number is 182001354.
You can contact us by e-mailing email@example.com or on 03333 66 00 22. If we have to contact you we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order the Service from our site. By clicking “I Accept” you are agreeing to purchase the Service and may be charged.
1. YOUR PERSONAL INFORMATION
2. THE CONTRACT
2.1 You may only purchase the Service from our site if you are at least 18 years old and are a UK base business.
2.2 Please carefully check your order before it is submitted. After you place an order, you will receive an e-mail from us acknowledging that we have received your order.
2.3 These Terms will become binding on you and us when we confirm our acceptance to you by e-mail (“Confirmation”) at which point a contract between us will be formed.
3.1 The Service is for an initial period of 1 year from the date of the Confirmation (“Initial Period”) and requires a router containing the underlying Software (“Router”). We will contact you by e-mail or telephone when your Service is nearing expiration to discuss your renewal.
In consideration of your payment of the licence fee (which is part of the price of the Service) we grant to you a non-exclusive licence to use a Router containing the underlying Software in accordance with these Terms.
5.1 The Boosty router provided comes with as 12 months’ manufacturers warranty. For any claims against this warranty please contact us by email or telephone.
6. PRICE OF PRODUCTS
6.1 The price will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices are correct. Prices may change from time to time, but changes will not affect any order confirmed by Confirmation.
6.2 The price of the Service excludes VAT (where applicable) and the applicable current rate chargeable in the UK for the time will be charged in addition.
6.3 Prices are checked regularly. If we discover an error in the price of your order we will contact you to inform you of this error and give you the option of continuing to purchase the Service at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If the pricing error is obvious, unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Service to you at the incorrect (lower) price.
7. HOW TO PAY
7.1 You can only pay for the Service using a debit card or credit card. We accept the following cards: Visa, MasterCard and Amex.
7.2 Payment for the Service is yearly in advance.
8. DATA PROTECTION
8.2 We monitor communication across our service including usage level and traffic profile and may be obliged to cooperate with a request under the Regulation of Investigatory Powers Act 2000 (RIPA) at any time.
8.3 The Service uses dynamic IP addresses which may be subject to change.
9. CONDITIONS OF SERVICE
9.1 You acknowledge that we may attempt to assist you by phone or e-mail with a variety of technical issues but that you are solely responsible for your equipment, internal network and WAN network and for the cost of any consultants or vendors you engage to assist you with any issues you may have with regard to your Internet services.
9.2 We provide you with 14 days free set up assistance after a Router arrives. When you receive a Router you will receive a support contract number and/or instructions on how to access our online forum (forum.boosty.com). We will provide support designed to get a Router up and running quickly either by telephone, e-mail or through our online forum. We reserve the right to refuse support assistance if the support requests are for non-Boosty equipment or services, or if we believe that the support service is being abused.
9.3 The Service must be performed with reasonable skill and care, within a reasonable time and in-line with information provided concerning Boosty and the Service.
10. YOUR OBLIGATIONS
10.1 By accepting these Terms, including the license, you undertake:
10.1.1 not to use, exploit, reproduce, duplicate, copy or re-sell the Software except as agreed by us or expressly set forth under these Terms;
10.1.2 not to disclose, make available or use the Software for the benefit of any third party, nor to sell, assign, lease, rent or otherwise commercially exploit the Software with or without charge;
10.1.3 not to copy, modify, translate, decompile, disassemble or otherwise reverse engineer the Software nor to permit the whole or any part of the Software to be combined with or become incorporated in any other programs or otherwise determine or attempt to determine source code or protocols from the executable code of the Software or create derivate works based upon the Software; and
10.1.4 not to use the Software:
10.1.4.1 for any commercial, business or re-sale purposes which are not related to small / medium business activity;
10.1.4.2 for immoral, illegal or for any other purpose which may be termed abusive or harmful;
10.1.4.3 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
10.1.4.4 for the purpose of harming or attempting to harm minors in any way;
10.1.4.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
10.1.4.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware spoofing, use of cancel bots, hostile redirection, acts of illegal storage, or any other violation of our Network Abuse Policy (available at boosty.com/abuse).
11.1 We may terminate the contract between us immediately by written notice to you if:
11.1.1 you commit a material or persistent breach of these Terms which you fail to remedy (if remediable) within 14 days of such notice; or
11.1.2 you fail to pay us when you are supposed to; or
11.1.3 you do not renew the Service after the Initial Period.
11.2 Upon termination your right to use the Service will cease.
12. INTELLECTUAL PROPERTY RIGHTS
The Router and Software are protected by copyright and other intellectual property laws and international treaties. Title to, ownership of, and all rights and interests to any and every part of the Router and Software and all copies thereof shall remain at all times vested in Boosty.
13. NO WARRANTY
13.1 You acknowledge that the Service, including the Router, has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Service meet your requirements. The performance of the Service is dependent on your business broadband connection, Wi-Fi connection to your business LAN and mobile phone connection and therefore we cannot guarantee the performance level of the Service. We intend to provide a continuous, high-quality service at all times and, where we are at fault, we will repair such faults as soon as possible.
13.2 We do not warrant against interference with your enjoyment of the Service, that the functions contained in the Software will meet your requirements, that the operation of the Service will be uninterrupted or error-free. No oral or written information or advice given by us or a Boosty authorised representative shall create a warranty on behalf of us.
13.3 We implement a fair use policy. If, in our sole opinion, you use an excessive amount of data via our servers we reserve the right to restrict or block your access to data and/or request that you make an additional payment for use of the data.
14. OUR LIABILITY
14.1 In no event shall our total liability to you for all damages exceed the amount that you paid for the Service.
14.2 You are responsible for ensuring that the function which limits the level of data used by your mobile telephone is enabled. All mobile phone charges incurred as a result of its connection with the Service will be solely your responsibility.
14.3 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable subject always to the cap in paragraph 16.1 above. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
14.4 To the extent not prohibited by applicable law, in no event shall we be liable for any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the software, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages.
14.5 We do not in any way exclude or limit our liability for:
14.5.1 death or personal injury caused by our negligence;
14.5.2 fraud or fraudulent misrepresentation;
14.5.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
14.5.4 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples);
14.5.5 any other liabilities that cannot be excluded or restricted.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including the cancellation or withdrawal of any service provided by a third party which may affect the way the Service is provided or the removal of any part of the Service from an app store. Such removal of any part of the Service from an app store shall not constitute a material breach of the contract.
15.2 If an event beyond our reasonable control takes place that affects the performance of our obligations under the Terms we will contact you as soon as reasonably possible to notify you and our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of such an event.
16. OTHER IMPORTANT TERMS
16.1 We may from time to time change these Terms regarding how we accept payment from you or to reflect changes in relevant laws and regulatory requirements. If we make any changes we will give you at least one month’s written notice of such changes before they take effect.
16.2 We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms.
16.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.7 These Terms are governed by English law. This means a contract for the purchase of the Service through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.