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Terms and Conditions

Internet Service terms of use

1.- WHEREAS:  The Provider offers Internet access via its radio frequency broadcast network.

   1. The User wishes to obtain access to the Internet by way of the Providers Services, as defined herein.
   2. The Provider is prepared to provide the User with Internet access subject to the terms and conditions set forth in this Agreement.
   3. NOW THEREFORE, in consideration of the mutual agreements hereinafter expressed and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
   4. Access. The Provider agrees to provide the User with Internet access thru Provider's radio frequency broadcasting network (the 'Services') subject to the terms and conditions set forth in this Agreement. The Services shall include:

    * Wireless Internet connection

2. Term and Commencement. The term of the Agreement shall be specified in the Base Fee Schedule section of this agreement (the 'Term') commencing on the day installation of the equipment and applicable computer configurations are completed.   Upon the expiration of the initial Term your service will automatically renew to the Month-to-Month agreement.  Fees will reflect the Month-to-Month standard Fee structure.  You may sign a new agreement to take advantage of the multi Term pricing or remain at the higher Month-to-Month fee structure.

3. Fees. In consideration for providing the Services, the User shall pay Provider the fee as specified in the Payment Information Schedule.

4. Amendments. User agrees that Provider may amend the terms of this Agreement from time to time, including the Fee for Services. Provider shall notify User of such amendment by posting on Provider's website, email, mail, or fax notification. User shall be deemed to have accepted and be bound by such amendments.  Up to one month following any increases to standard base monthly Fee the User, acting reasonably, may terminate Provider's internet service without penalty.

5. Equipment. User agrees that the 'Required Equipment Schedule' set forth on the front page of this agreement under full installation requirements is required for the Services. User further agrees that failure to use the 'required equipment' as instructed by Provider from time to time shall constitute a breach of the terms of this Agreement. The CPE (client premise equipment), cabling,  and mounting hardware (if required) used in performance of Services, (the 'Equipment') shall remain the property of Mercury Internet SL, unless purchased by User.

6. Renewals. This Agreement shall automatically renew for additional Terms upon the same terms and conditions provided that neither party is in breach of a term of this Agreement, or has given written notice of intent not to renew within 30 days of the expiry of the Term.

7. Termination. User may terminate service with 30 days written notice of the effective disconnect date. Upon termination or expiry of this Agreement, User grants Provider authorization to retrieve Providers Equipment where installed. If Provider is unable to retrieve Equipment within 30 days after Termination of Access, User will be invoiced €400 and invoice is payable upon receipt. At the Providers option, Provider may purchase back any Equipment originally sold to the User using a straight line deprecation value over three years. After three years the equipment value is €1.00. Provider may terminate this Agreement at the Provider's discretion, upon 30 days written notice to the User.

8. Limitation of Liability. Provider offers the Services without warranties of any kind, either expressed or implied. Provider shall not be liable for any damages User or other parties may suffer from the use of Services or the Equipment, including, but not limited to, service interruptions and delays, loss of data, damage or destruction to property, or personal injury. Compensation for damages shall be limited to one month Internet service fee.

9. Installation. Installation of the Equipment may require drilling holes and other modifications to the residence or commercial building where the Equipment is installed. Such modifications are authorized with the full knowledge that if the Equipment is removed Mercury will not be required to return the building to its original state. Notwithstanding the foregoing, Mercury shall use reasonable care to minimize modifications required.  User is responsible to maintain the equipment on or in the User's home or business by ensuring bolts and screws holding the equipment in place are tight at all times.  User is responsible for all acts of God, including and not limited to, the CPE moving out of alignment due to high winds.  User warrants all authorizations for the Installation of Provider's equipment have been obtained priour to Provider's schedule Installation date.

10. Acceptable Use Policy. User agrees to abide by Provider's further terms and conditions regarding acceptable use and prohibited conduct as set forth on Mercury Internet's website (www.mercuryinternet.com) ('Acceptable Use Policy') as may be amended from time to time. User specifically agrees that it shall not allow or facilitate unauthorized connections to Provider's Services, or unauthorized reselling or giving away of Provider's Services. The User is responsible to review these terms from time to time, as they may be amended without notice.

11. Indemnity. User agrees to defend, indemnify and hold harmless Provider, its affiliates, directors, officers, employees or agents for all damages and claims that may arise from User's use or misuse of the Services or from a breach of the terms of this Agreement.

12. Age. User certifies that he or she is at least eighteen years old. User agrees to be responsible for use of and access to the Services by all others.

13. Notices. All notices, demands, requests, consents, approvals and other communications required or permitted hereunder must be in writing and will be effective upon receipt, if delivered personally or, if sent by facsimile transmission, upon confirmation of delivery. Address for notice to Provider is as set forth below. Address for notice to User is as set forth on the Internet Access Agreement.

14. Governing Law. This Agreement shall be construed in accordance with the laws of the Province of Malaga and the laws of Spain applicable therein. The parties irrevocably attorn to the Courts of the Province of Malaga.

15. Force Majeure. Notwithstanding any other term or provision of this Agreement, neither party shall be in default under this Agreement or liable to the other for any act or failure due to or resulting from any strikes, riots, acts of God, shortages of labour or materials (not caused by the party seeking the benefit of this paragraph), war, governmental laws, regulations or restrictions or any other cause whatsoever beyond the reasonable control of such party.

16. Entire Agreement. This Agreement contains all of the agreements and understandings of the parties in respect of the subject matter hereof and supersedes all prior oral or written understandings or agreements between the parties. This Agreement shall not be modified or amended, except as set forth above.

17. Benefit of the Agreement. User may not assign its interest in this Agreement without the prior written consent of the Provider. This Agreement and the recitals hereto shall ensure to the benefit of and be binding on the parties hereto and their respective heirs, representatives, successors and assigns (as the case may be in accordance with the terms hereof).

18. Severability. If any term or provision of this Agreement is determined to be invalid, illegal or unenforceable in whole or in part, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable term or provision had not been contained herein.

19. Interpretations. Wherever necessary or appropriate in this Agreement, the plural shall be interpreted as singular, the masculine gender as feminine or neuter and vice versa; and when there are two or more persons bound by the User's covenants contained in this Agreement, their obligations shall be joint and several.

20. Technical Support. Provider supplies free technical support to User for connectivity and email problems. All other problems will be referred to their respective product manufacturers. Provider may resell certain products to User however Provider does not provide any warranties or technical support relating to those products. Technical Support can be obtained directly from the respective manufacturer.

21. Service Calls. If provider conducts a Service Call to User's premises and it's deemed that Provider or Provider's equipment caused the problem then the Service Call is free. If the problem cause is unrelated to Provider then Provider will charge its normal hourly fee to User.  CPE realignments or other acts of God or Mother Nature that require Provider to reestablish service for the User will be billed at a set fee or at our standard hourly plus materials fee.

22. Full Installation Requirements:  User acknowledges and agrees that Provider will supply and install the Ethernet device (if required) and software, an extra Ethernet outlet (if required), and a CPE (if required).  Provider requests that you back up all existing files by copying them to another storage medium, prior to the installation of the equipment.  Provider assumes no liability whatsoever for any damages to or loss of any software, files, or data, or any personal computer warranty infringements due to equipment installation.

23. Mercury CPE:  The CPE will remain the property of Provider if not outright purchased.  User may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party.  User assume the entire risk of loss, theft or damage to the equipment due to any cause whatsoever during the term of the agreement and until the equipment is returned to Provider.  Upon termination of services the CPE shall be returned to Provider in good condition.  Provider shall have the right at any time after such termination to enter your premises to disconnect and remove the CPE.  User shall pay the full retail cost of the repair or replacement of any lost, stolen, unreturned or damaged CPE.

24. Billing: User agrees to keep the specified e-mail address open and checked regularly to ensure invoices are received and to pay promptly upon receipt.  Failure to do so will NOT be an acceptable reason for non-payment. User will provide Provider with 10 days notice if User closes or changes the email address.

25. Total Amount Due: Will be the amount detailed on the work order at time installation is completed; amounts are subject to correction by Technician based on actual work performed.
26. Bandwidth.  Connections are sold on an "upto" basis. Wifi and Internet are a shared medium and bandwidth cannot be guaranteed. We aim to provide a minimum of 25% of the contracted bandwidth but your mileage may vary.