Terms and Conditions

NATSKY HOST AGREEMENT

This Host Agreement (this “Agreement”) is a legally binding agreement between you and Natsky Network (“Natsky”) governing your agreement to be a host for Natsky’s hotspots under the terms of this Agreement. For purposes of this Agreement, the term “Products” may include but is not limited to (i) Natsky hotspot and other devices or any accessories and related applications, (ii) the remote monitoring, notifications services and other applications or other services provided by Natsky under this Agreement (the “Service”).

WHEN YOU CLICK “I AGREE”, CHECK A BOX OR OTHERWISE OR SIGNING ON THIS AGREEMENT PROVIDE CONSENT DURING THE ORDERING PROCESS, YOU AND WE ARE AGREEING TO BE BOUND BY THIS AGREEMENT TO THE SAME EXTENT AS IF YOU AND WE HAD MANUALLY EXECUTED A PAPER COPY OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, YOU SHOULD NOT PROCEED WITH THE REGISTRATION PROCESS OR PURCHASE PRODUCTS OR SERVICES.

1. SYSTEM AND SERVICES

  1. Provision of Services. During the term of this Agreement, we will provide the Services in accordance with this Agreement. In order for you to use the Services, you are required to provide certain hardware, such as the applicable Products, a mobile phone, personal computer, software, an Internet browser, and access to the Internet. During the Term, Natsky grants you a personal, worldwide, non-exclusive, revocable and terminable (as set forth in Section 3), nontransferable, nonassignable license (without the right to sublicense) to access and use the Products and Service, solely in the form made available by Natsky to you from time to time. Natsky will provide you with unique login credentials for each authorized user, which may only be used by a single authorized user. You are responsible for all use of the Products and Services by any person using the login credentials. Natsky may deactivate any login credentials for any suspected unauthorized use or any misuse of any Product or Service. Your use of the Products, including without limitation the Service, is subject to Natsky’s then current Privacy Policy and may be modified from time to time, as well as to this Agreement.
  2. Use Restrictions. You will not, directly or indirectly, (a) sell, lend, rent, distribute, resell, lease, assign, license, sublicense or otherwise transfer to any third party any Product and/or Service, or the rights granted to you with respect to any Product and/or Service, (b) translate, port, modify, reproduce, distribute, republish, frame, download, cache, or make or create derivative works based on any Product and/or Service, (c) access or use the Products and/or Services in a way that implicates illegal or illicit activities or any other purpose other than to be a host, (d) derive or attempt to derive the source code, source files, or any component or structure of all or any portion of any Product and/or Service by reverse engineering, disassembly, decompilation, or any other means (the foregoing prohibitions include review of data structures or similar materials produced by programs), or access or use any Service in order to build or support or assist a third party in building or supporting, products or services competitive to Natsky or its products and services, (e) remove, obscure or alter any proprietary notice on Products, (g) use the Service to collect, process or store financial or personal information, (h) use or permit the access to or use of any Product, including the Service, for any unlawful activity, including exporting in violation of applicable law, or (i) access or use the Products, Service or any other deliverable for any use other than the those authorized in this Agreement. You acknowledge and agree that, except as set forth in this Agreement, Natsky does not provide support for the Products and/or Services. Without limiting our other remedies, we may (but are not required to) remotely suspend or disable Products and/or Services that we believe have been transferred or are being used in violation of this Agreement or for any other reason.

 

2. EQUIPMENT

  1. Installation. You are responsible for installing and activating the Product in accordance with the instructions we provide. It is your responsibility to obtain and keep in effect all consents, authorizations, permits or licenses that may be required for the installation and operation of the Products and/or Services on the premises, and you hereby represent and warrant that you have and will at all times continue to have the rights to use the Products and/or Services at the applicable location.
  2. Ownership. As between you and Natsky, all content, hardware, software or data made available to you through access or use of the Products or Service or otherwise provided by Natsky (“Natsky Content”), is and will remain the exclusive property of Natsky and its licensors. You may only use the Natsky Content for your own internal use in connection with a Product or Service.
  3. Electrical and Internet Requirements. In order to use the Products and/or Services, the hotspot must be plugged into an object that provides electrical power and Internet provided by independent and third-party companies. The electric power and/or Internet may have outages from time to time, and during any such outage the Products and/or Service will be unable to operate, and Natsky is not obligated to provide Services during any such outages and neither Natsky nor any of its affiliates, suppliers or agents shall have any liability whatsoever for any such failure.
  4. Responsibility for Customer Equipment. Natsky has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that you elect to use in connection with the Products and/or Services (the “Customer Equipment”). CUSTOMER EQUIPMENT MAY BE DAMAGED OR SUFFER SERVICE OUTAGES AS A RESULT OF THE INSTALLATION, USE, INSPECTION, MAINTENANCE, REPAIR, AND REMOVAL OF PRODUCTS. EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER NATSKY NOR ANY OF ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, LOSS, OR DESTRUCTION TO THE CUSTOMER EQUIPMENT. IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY NATSKY, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS, WE SHALL PAY AT OUR SOLE DISCRETION FOR THE REPAIR OR REPLACEMENT OF THE DAMAGED CUSTOMER EQUIPMENT UP TO A MAXIMUM OF $100 (SINGAPORE DOLLARS). THIS SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO SUCH ACTIVITY.

 

3. TERMINATION AND MODIFICATION OF THIS AGREEMENT, PRODUCTS AND SERVICES

  1. Modifications of Terms of this Agreement, Products and Service. Natsky may, from time to time and without prior notice, modify the terms of this Agreement or, add, wholly discontinue, delete or change the features or functionality of the Products or Service.
  2. Termination of Agreement. Natsky or You may terminate this Agreement at any time subject to the terms hereof. All terms that by their nature would survive the termination of this Agreement shall survive such termination (including, for example and without limitation, all return obligations, limits of liabilities and indemnities, and other provisions).

 

4. PAYMENT; TAXES AND DISCONTINUATION

  1. Compensation and Wallet Creation. In exchange for your agreement to host a hotspot, Natsky will compensate you monthly. In order to receive compensation from Natsky, you must establish a Singapore bank account. Between the 15th-18th of each month, Natsky will deposit into your Singapore bank account an amount equal to twenty percent (20%) of HNT actually received by Natsky from our sponsor Helium as a direct result of the coverage provided by your specific hotspot that you host. You acknowledge and agree that you only earn HNT when the Product is powered on, connected to the Internet. Likewise, moving or obstructing the Products and/or Services may make it more difficult for third-party devices to connect to the Products which can reduce earnings. Natsky does not guarantee any Products and/or Services will earn HNT. Furthermore, HNT may have no value, and Natsky makes no promises or warranties as to the value of HNT. A monthly screenshot of the amount of HNT earned by each hotspot will be send to each host’s registered email.
  2. Cooling period. There will be a cooling period of 30 days from the date of installation. The compensation will only start on the 31th day after installation.
  3. Taxes; Independent Contractor. You acknowledge and agree that the receipt of the monthly compensation may constitute a taxable event. You acknowledge and agree that you are solely responsible and liable for the withholding and payment of all applicable taxes. You agree to and will file in a timely manner all returns and reports in relation to your relationship with Natsky as may be required by applicable law. You agree to defend, indemnify and hold Natsky harmless from and against all damages resulting from any alleged failure by you to withhold or pay any applicable taxes. You acknowledge and agree that you are an independent contractor with respect to Natsky, and that this Agreement does not form a partnership, joint venture or employment relationship between you and Natsky. You acknowledge and agree that you are not and will not be considered employees of Natsky for any purpose.
  1. Cancellations and Returns. You may decide at any time to stop using the Products and Service by notifying Natsky contact@natskynetwork.local or other or alternative email address or method as provided by Natsky from time to time. Upon receipt of your notice, we will provide you instructions on discontinuing your use of the Product and Service and your cancellation or decision to stop using the Products will be deemed a termination of this Agreement under the terms hereof.
  2. REFERRALS

Natsky, in its sole discretion, may offer a referral program (“Referral Program”), allowing you to earn 10% of the Referee’s monthly earnings paid on the 15th-18th of the following month by inviting your eligible friends, family or other persons to register as new Natsky users. Referred friends, family or other persons will be disqualified if Natsky already has them with an existing active or inactive Natsky account or Natsky has reason to believe it is not a bona fide referral. Referral fees will be deposited into bank account that you have for you hotspots you are hosting. You agree Natsky may change the terms and conditions of the Referral Program, terminate the Referral Program, or expire, deduct, limit, or modify your Referral Program Rewards at any time for any reason, including but not limited to, if Natsky determines or believes that your participation in the Referral Program is in error, fraudulent, illegal, or otherwise in violation of this Agreement or the spirit of this Agreement.

6. YOUR ACCOUNT

  1. Account Registration. In order to sign up to use the Products and Service, you must provide certain personal information about you to set up an account, a NRIC number or passport number, as applicable, solely for Natsky to comply with its tax obligations relating to your status as an independent contractor and your bank account information to receive the compensation fee. During the registration process, you will be redirected to a secure partner(s) where you will enter the required personal and banking related information. You must provide complete and accurate registration and account information when you perform this registration. You must promptly notify us of any updates to this information.
  2. Account Access. After the completion of the registration process, Natsky will provide you the opportunity to create a password-protected online account through which you can manage your account. You are responsible for maintaining the confidentiality of your user login, password and user codes, and you are responsible for all uses of your login, password and user codes, and any related changes, whether or not authorized by you. You are also responsible for keeping all contact information current and accurate. Natsky does not take any responsibility or liability for any use or misuse of the login IDs, passwords or user codes.

 

7. DISCLAIMERS OF WARRANTIES; LIMITED SUPPORT SERVICES

1. YOUR USE OF THE PRODUCTS AND SERVICE IS AT YOUR SOLE RISK. THE PRODUCTS AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY NATSKY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NATSKY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PRODUCTS AND SERVICE. NATSKY DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE PRODUCTS AND SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION

WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; THAT THE PRODUCTS AND SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE PRODUCTS AND SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NATSKY’S PRODUCTS AND SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, THE OPEN SOURCE ENVIRONMENT AND THIRD PARTIES INCLUDING PRODUCTS SUPPLIED BY NATSKY. NATSKY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

2. Limited Support Services. Please contact our service department in the manner prescribed by Natsky. If the problem with the Product and/or Service cannot be resolved remotely, we will send you instructions on how to obtain a replacement Product and return the non-working Product to us. Natsky may also send our onsite engineer to collect back the product. You are obligated to return the non-working Product to us within thirty (30) days of receiving a return shipment label. If you fail to do so, we may charge you our prevailing price for the Product.

8. LIMITATIONS ON LIABILITY

  1. NO INDIRECT DAMAGES. UNDER, NO CIRCUMSTANCES SHALL WE OR OUR OFFICERS, DIRECTORS, VENDORS, CONTRACTORS, EMPLOYEES OR AFFILIATES BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT OR OTHERWISE, FOR INDIRECT, INCIDENTAL CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, COST OF SECURITY AND DATA BREACHES OR OTHER DAMAGES OF ANY TYPE OF KIND, INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, PROPERTY DAMAGE, USE OR OTHER ECONOMIC ADVANTAGE (EVEN IF SUCH DAMAGES ARE FORESEEABLE, AND WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM ANY ASPECT OF THE RELATIONSHIP PROVIDED FOR HEREIN. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS DEEMED UNCONSCIONABLE.
  2. LIMITATION OF LIABILITY. IN NO EVENT SHALL NATSKY’S AGGREGATE LIABILITY EXCEED FIFTY SINGAPORE DOLLARS ($50.00) FOR ANY REASON AND UPON ANY CAUSE OF ACTION INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.

 

9. INDEMNIFICATION

You shall indemnify and hold harmless Natsky, and its officers, directors, vendors, contractors, employees, or affiliates from and against any claims, causes of action, proceedings, losses, damages, costs, expenses (including, without limitation, attorneys’ fees), liabilities, and settlements to the extent they arise out of or in connection with or resulting from your actions or inactions, or the use of the Product or Services.

10. SECURITY AND PRIVACY

1. SECURITY. YOU ARE SOLELY RESPONSIBLE FOR APPLYING APPROPRIATE SECURITY MEASURES TO YOUR DATA AND YOUR USE OF THE PRODUCTS AND SERVICES. Notwithstanding the foregoing, Natsky will use commercially reasonable efforts to maintain industry standard safeguards reasonably designed to protect the confidentiality and integrity of, and to prevent unauthorized access to or use of the Products. SECURITY THIRD PARTY PROVIDER PRODUCTS OR SERVICES ARE BETWEEN YOU AND THOSE THIRD PARTIES AND NOT NATSKY. IF YOU ARE NOT COMFORTABLE WITH ANY THIRD PARTY PROVIDER OR DISAGREE WITH THEIR USE, WE RESPECT THAT AND YOU SHOULD NOT BE A HOST.

2. Privacy. Your privacy is important to us. We agree to use your personal information in accordance with our Privacy Policy, and you consent and acknowledge that your personal information may be used in accordance with our Privacy Policy. We reserve the right to modify our Privacy Policy from time to time, effective upon posting the revised version on our

website. We encourage you to periodically check the Site for updates. If you disagree with anything in our Privacy Policy, you should discontinue using our Product or Services. THE PRIVACY POLICIES OF THIRD PARTY PROVIDERS GOVERN THE COLLECTION AND USE OF YOUR INFORMATION BY THOSE THIRD PARTIES AND ARE BETWEEN YOU AND THE THIRD PARTIES. IF YOU ARE NOT COMFORTABLE WITH ANY THIRD PARTY PROVIDER OR DISAGREE WITH THEIR USE, WE RESPECT THAT AND YOU SHOULD NOT BE A HOST.

11. MISCELLANEOUS

  1. Promotional Third Party Products. Natsky may send you promotional products from third parties. If you choose to accept or use such products, your use of those products and any and all issues relating thereto are between you and the third party and not Natsky.
  2. Severability. If a court of competent jurisdiction finds any provision of this Agreement unlawful or unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. You and Natsky intend that all restrictions on use, disclaimers of warranties, limitations of responsibility and liability, exclusions of damages or other remedies, and indemnification rights of Natsky in this Agreement shall be upheld and applied to the maximum extent permitted by law.
  3. Entire Agreement. This Agreement constitutes the entire agreement between you and Natsky. By entering into this Agreement, you affirm that you are not relying on our advice, advertisements, or any other representation, promise, condition, inducement, or warranty, express or implied, from any person that is not expressly and specifically set forth in writing in this Agreement. In the event of a conflict between this Agreement and any other communication, request, agreement or order, the terms of this Agreement shall prevail.
  4. Assignment. We reserve the right to assign this Agreement or to subcontract any of our obligations hereunder without notifying you and without obtaining your consent. You may not transfer this Agreement to anyone else unless we approve the transfer in writing.
  5. Governing Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of Singapore, as if performed wholly within the state and without giving effect to the principles of conflicts of laws. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Any dispute between the parties regarding this Agreement will be subject to the exclusive venue and applicable laws of Singapore.
  6. Notices. If you or we wish to give the other party written notices under this Agreement, the notice must be (a) in writing, (b) if to you, sent to your email address on file with us (or posted in your account if no email address is on file), (c) if to us, sent to our email address
    at contact@natskynetwork.local. Notices will be effective upon delivery.
  7. Force Majeure and Third Parties. To the extent that either party’s performance is prevented or delayed, either totally or in part, for reasons beyond that party’s reasonable control, then that party will not be liable for not performing, so long as it resumes performance as soon as practicable after the reason delaying performance no longer exists. The ability of Natsky to continue to maintain and support the Products or Services depend on third parties and Natsky is not liable in any way for the failure of those third parties to continue to perform or provide any products, services, or maintenance related thereto.
  8. Version date: 1st June, 2021