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Frogbox Terms and Conditions
Frogbox Terms and Conditions
Frogbox is a portable, all-in-one video streaming solution used by clubs to live-stream matches. CoByEx provide a mobile data SIM for use with the FrogBox live streaming system to ensure reliable, high-quality streaming from sports grounds, particularly where fixed broadband connections are unavailable. The SIMs are configured specifically for use with the FrogBox system and are available on major networks: EE, Vodafone, O2 and Three.
Supplier: CobyEx Limited, 8 Sceptre Court, Sceptre Way, Bamber Bridge, Preston, Lancashire, PR5 6AW. Company Registration Number – 08016744, incorporated on 3rd April 2012 and registered in England and Wales.
1. Introduction
1.1 The following terms and conditions set out the agreement between the supplier and customer listed above.
1.2 The terms and conditions govern the way in which we supply and support your product to you. When you submit your order, you are subject to these terms and agree to be legally bound by them.
1.3 We accept your order when we sent you confirmation via email and therefore commencing the agreement.
1.4 You are informed and consent to any additional terms. They will also be added to the agreement.
1.5 When we use the words “writing” or “written” in these terms, please be advised that this also includes emails and order forms. The only exception to emails is where in any clause of this agreement, it states “Where notice is to be served” in which case, this must be done in writing by post or hand delivery.
2. Ordering
2.1 All accepted orders with CoByEx will be confirmed by email and dealt with by one of our Service Representatives. As soon as this email is sent, that is when Our Agreement starts with you and it will continue until it is ended by either you or us in accordance with these Terms and Conditions.
2.2 When ordering any FrogBox SIM through CoByEx, you are confirming that you are: The decision maker within your organisation or as an individual approved to make a financial decision and contractual commitment, able to keep up with all payment terms and understand the terms and conditions to which you are bound by.
2.3 All orders are completed as soon as reasonably practicable; we will communicate with you the timelines including delivery of your SIM Card(s)
2.4 No orders will be accepted by CoByEx until the Terms and Conditions and SLA are accepted via our website or via returning a signed copy on email. At this point, your order is payable and bound by the Terms of the Agreement.
2.5 Your service order form and confirmation email will specify the length of time we will be providing the service to you for, and this will be the minimum term. Your service will start on the Date your Service is activated/goes live and ends as set out in Our Agreement.
2.6 If you wish for CoByEx to stop providing your service at the ends of the minimum period, you will need to give us notice in accordance with these terms.
2.7 Once your minimum contract period ends, if you have not asked us to stop providing your service, or asked us to change service, we will continue to provide the Service to you on the current standard monthly price for that Service.
3. Changes/Amendments to Service
3.1 Once an order if confirmed with CoByEx, we are unable to change the product you have requested.
3.2 You are able to pause the service if required and must select this when ordering via our website, failure to do so will result in a rolling payment Frogbox Sports Streaming – CoByEx
4. Price and Payment
4.1 All tariffs, fees and applicable charges will be made available to you prior to placing you order so that you are informed. We will explain all available options that you have based around your business/individual needs. CoByEx will not be held responsible for any decisions made by you in terms of choosing another option available and in the event, this is not suitable for your needs, the full terms of this agreement will stand.
4.2 You will be advised of the full cost of your SIM upon enquiry.
4.3 You will be charged a monthly fee which is outlined in your order form. The price will be inclusive of VAT. If an error occurs, please contact billing@cobyex.com. We will ensure that any errors are resolved as soon as possible.
4.4 Your monthly Service fee will be paid in advance throughout your minimum contract period. You will receive you bill electronically via email with a link to access our online billing portal. You are responsible for accessing to view your invoices.
4.5 You are responsible for paying all fees that you and any person accessing your service incurs.
4.6 If you think an invoice is incorrect, you can raise a dispute in writing via email to billing@cobyex.com withing 3 working days of receiving your invoice. We are unable to resolve queries that fall outside of this time frame. Disputes raised within 3 working days will not incur any interest charges until it is resolved. A dispute raised after 3 working days will require prompt payment as normal, any payment not processed or withheld, will be treated as nonpayment and will result in Interest charges being applied. You may also have an impact to your Service in terms of suspension.
4.7 Any interest charges applied against late payments and non-payments will incur a daily interest rate fee 4% above the base lending rate of Barclays Bank Plc. When making any overdue payments, payment of the interest must also be made to bring your service account up to date.
4.8 You agree to pay the fees including the Service Fee for the Services we provide you with and any other fees that apply to you under Our Agreement by Direct Debit, we do accept other methods of payment. If you choose to pay by Direct Debit, you are responsible for ensuring should your details change, that you notify us immediately. Failure to do so may result in suspension of your service.
5. Modifications to price, service and terms and conditions
5.1 We may increase our fees under this agreement once the minimum contract period for your Service has expired.
5.2 We may increase your Service Dee by the rate of inflations
5.3 We may also change these terms and conditions and Your Service
5.4 If we do make any changes, we will tell you about this in writing or post the revised Terms to our website. We will provide you with notice of the proposed changes at least 30 days before they become effective. Continued use of the Service after the notice period for the changes will constitute your acceptance of them.
5.5 We will give you at least one months’ notice of any changes we make to Our Agreement unless it is:
(i) Exclusively for your benefit
(ii) Purely administrative and has no negative impact to you
(iii) Directly imposed by law
6. Use of SIM Card
6.1 You acknowledge that the information you provide us in your order will be relied upon by use for the provision of the Service. You agree to notify CoByEx immediately should any of those details change.
6.2 You may not use your hardware, or allow your hardware to be used:
(i) To send, communicate, knowingly receive, upload, download or use any material or make any calls that are offensive, abusive, indecent, defamatory, obscene, menacing, cause annoyance, inconvenience, needless anxiety or are intended to deceive;
(ii) To download, possess or transmit in any, way illegal material;
(iii) To engage in criminal, illegal, unlawful or fraudulent activities;
(iv) To violate or infringe the rights or property of any person, including rights of copyright and any other intellectual property rights, privacy and confidentiality.
(v) To intentionally impair or attempt to impair, without authorisation, the operation of any computers, prevent or hinder access to any program or data held in any computer or to impair the operation of any such program or the reliability of any such data;
(vi) In any way which we believe is or is likely to be detrimental to us
(vii) In a manner which may damage our reputation
6.3 The intellectual property rights in any content, software or other materials which we provide to you belongs to us or our supplier. Any materials provided to you for your Service are provided to so you can enjoy the benefit of your service. You are not permitted to copy, modify or publish CoByEx or our partners materials and you will not supply to any other person
7. Our rights to suspend or end the Agreement
7.1 We may suspend, restrict or disconnect any, or all, of the service if:
(i) We are required to do so for legal or regulatory reasons or comply with an order, instruction or request of Government, an emergency services organisations or other competent administration, legal or regulatory authority.
(ii) To make changes to the Services as requested by you or notified by us to you
(iii) We believe your service, or your credit card/debit card have been used fraudulently
(iv) If you break if we reasonably suspect you have broken any one of the terms of our Agreement (including failure to pay)
(v) You do not make payment to us when it is due, or do not resolve non-payment issues within 7 days of the failed payment date.
8. Limitation of Liability
8.1 We are not responsible if you are not able to use the services because your equipment (for example, any PC, mobile device, network interface card, printer, switch, local area network or other equipment) does not work properly, is not compatible with the system, does not conform to the relevant standard, or does not meet the minimum specifications or because of faults in any 3rd party networks over which we have no responsibility.
8.2 We have no control over the data which passes to or from you over the internet, and we are not responsible for any loss or damage to that data, and we are not responsible for any loss or damage to your equipment caused using the ISP’s service to access the internet.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes the liability for death or personal injury caused by our negligence of our employees for fraud or fraudulent misrepresentation. Except as expressly set out in these terms all warranties, terms, and conditions, whether oral or written, express or implied by statute, common law, or otherwise
(including but not limited to any warranties, terms, and conditions of fitness for purpose, description, or quality) are hereby excluded.
8.3 We have no liability to you or any loss of profit, loss of business, business interruption, loss of anticipated savings, loss of sales or turnover, loss of or damage to reputation, loss of contract, loss of customers, wates management or other staff times, losses, or liabilities under or concerning any other contracts, not any indirect, consequential loss or damage of any kind arising from this Contract.
8.4 We are not liable to you for any loss or damage that you suffer that is not foreseeable or which arises from an event beyond our reasonable control. In the case of suspension of service due to the fault of the ISP, your sole remedy is the payment of a pro-rata refund for each event that results in a loss of service and only for that period. Please note dependent on the ISP for the network, will determine the refund value and may not be guaranteed.
9. Data Protection
9.1 We will use the personal information you provide us in accordance with our Privacy Policy which is available on our website.
9.1.1 To supply the service to you via our 3rd party
9.1.2 To process payments for the services
9.1.3 To provide you with service information and updated, including information about temporary problems or planned maintenance on the network
9.1.4 To update you for any legitimate interest in terms of our available products and services, you may opt out of this by notifying us.
9.1.5 To enable us to administer your account, for customer services, track you use of the service (including processing usage, billing, viewing and interactive data), profiling your usage and purchasing preferences for as long as you are a customer and for as is necessary for these specified purposes after our contract ends
10. General Terms
10.1 We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person or entity if we agree to this in writing.
10.2 We have the right to vary these terms of the terms of the Contract from time to time giving you at least 30 days’ notice in writing.
10.3 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.4 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
10.5 These terms are governed by English Law, and both parties agree that the courts in England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising under or in connection with this Contracts terms and conditions.
10.6 Failure to accept the Terms and Conditions will result in the service not being provided to you.
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