Mobile Conditions as approved by Test-Aankoop
For online orders the consumer has fourteen (14) days to cancel his purchase from the day after delivery, or if it involves a service, from the day after acceptance by edpnet of the appropriate order form. However, this right to cancellation automatically expires from the moment the consumer starts using the service, even if the use of the service occurs before expiry of the afore-mentioned term of fourteen (14) days.
1. Definition
- Subscription: all documents with regard to thedelivery of edpnet Mobile, as well as the activation request, terms and conditions and the price list as well as any modifications to these documents as published on the edpnet website (www.edpnet.be).
- Edpnet Mobile: mobile telephone services to national, international and mobile destinations.
- Edpnet: the authority responsible for the delivery and handling of the edpnet Mobile service.
These general terms and conditions regulate the legal relationship between the provider, i.e. edpnet, and the customer/subscriber starting with the customer's request for an internet service. These are part of the agreement and are applicable to all legal transactions in connection with this purchase. Modifications or additions to these conditions are only valid if and when they are confirmed by edpnet beforehand and in writing. General terms and conditions as applied by the customer are explicitly rejected by edpnet.
2. Obligations
2.1 Edpnet will take all necessary measures to ensure the proper functioning of edpnet Mobile.
2.2 Edpnet provides the customer/subscriber with a SIM card. Every SIM card has a PIN code (Personal Identification Number) and a PUK code (Personal Unblocking Key). The customer/subscriber is informed of these codes upon receipt of the SIM card.
2.3 The customer/subscriber is allocated a mobile connection number upon delivery of the SIM card. The customer/subscriber cannot request to change this number.
2.4 The customer/subscriber can request for his existing mobile number to be transferred to the edpnet network.
2.5 By default the use of mobile telephone services abroad is activated on the SIM card of edpnet mobile. The customer/subscriber can submit a request in writing to edpnet nv, Van Landeghemstraat 20, 9100 Sint-Niklaas, to block Roaming. When using mobile telephone services abroad any calls sent and received from the other country are invoiced in function of the rate established by the operator of the concerned service. It is possible for the Roaming costs to be invoiced several months after the delivery date of the Roaming service, because edpnet needs to receive this information from the other concerned operators first.
2.6 By default calls to VAS numbers are blocked on the SIM card of edpnet Mobile. The customer/subscriber can submit a request for activation in a traceable manner (e.g. post, fax, e-mail, …) to edpnet. Edpnet has the right to ask for a cash advance of € 100. When cancelling the subscription edpnet will balance the cash advance with the outstanding invoices or the cash advance will be payed back.
2.7 The customer/subscriber isn’t allowed to use his SIM-card in SIM boxes.
2.8 The customer/subscriber will use edpnet mobile with due diligence, observing the subscription’s provisions and the statutory regulations.
2.9 The customer/subscriber will not sell edpnet Mobile to third parties.
2.10 Edpnet mobile requires dual band GSM (900/1800 MHz).
2.11 The customer/subscriber is responsible for keeping the PIN and PUK codes strictly confidential. After receipt of the standard PIN code the customer/subscriber has to convert this into a personal PIN code.
2.12 The customer/subscriber commits himself to inform edpnet nv in writing of every modification to his personal data (e.g. change of address) and the date it applies to.
3. Rates, methods of payment and changes
3.1 The rates are determined in the price list. The price list is published on the edpnet website. All rates are mentioned both excluded VAT and included VAT, unless specifically mentioned otherwise.
3.2 The rate for the calls and the subscription is owed from the date the customer/subscriber starts using edpnet mobile
3.3 Invoicing occurs on a monthly basis.
3.4 Invoices are paid via direct debit or bank transfer. However the customer/subscriber will pay all invoices via transfer as long as the invoices do not explicitly mention the direct debit is active.
3.5 Remaining call credit can not be carried over to the next month.
3.6 After using his call credit, the customer/subscriber will be invoiced for his further calls.
3.7 Each party has the right to suspend the fulfilment of its obligations vis-à-vis the other party, in case of default. Such suspension does not release the other party from the fulfilment of its obligations.
Edpnet has the right to suspend the services to the customer/subscriber in any case of non-payment. A similar suspension does not release the customer/subscriber from his obligation to pay the overdue amounts.
Notwithstanding the interests on arrears (8% per year), the parties explicitly agree that the non-settlement of one invoice or the outstanding balance of the invoice on the expiry date entails following costs:
- 2nd payment reminder: a charge of 7.50 EUR;
- 3rd notice by registered letter: a charge of 15 EUR;
- when the file is forwarded for collection: a minimum charge of 61.97 EUR by way of fixed, conventional and undiminishable damages.
3.8 If the contract is of an undetermined duration, edpnet reserves the right to alter the conditions at any time. Upon notice of the proposed changes to the conditions of the agreement, the customer/subscriber has the right to terminate the agreement in a traceable manner (e.g. by mail, fax, …) without compensation being due. Each customer/subscriber will be informed individually in time and at least one (1) month beforehand (by e-mail or mail) of such changes and will at the same time be notified that he has the right to terminate the agreement without compensation being due, at the latest on the last day of the month following the date of commencement of the changes, if he does not accept the new conditions.
3.9 If the contract is of an undetermined duration, edpnet reserves the right to alter the prices of the services. The prices mentioned online on www.edpnet.be take precedence over any prices quoted in writing. In case of a price increase, other than index adjustments, the subscriber has the right to terminate the agreement in a traceable manner (e.g. by mail, fax, …) without compensation being due, at the latest on the last day of the month following receipt of the first invoice after implementation of the changes.
3.10 Should the customer/subscriber have complaints with regard to the accuracy of the invoiced amount, he can make his objections known to edpnet within thirty (30) days from the invoice date or the statement of account. After receipt of this objection edpnet will investigate the accuracy of the invoiced amount.
4. Liability
4.1 Mobile networks do not cover 100% of the country. Therefore edpnet cannot be held liable in case the service is not operational at particular places or at particular times. Edpnet will employ what is necessary to provide the customer an optimal service.
4.1 Edpnet is not liable for poor functioning of the mobile phone and its accessories. Edpnet is not liable for accidents caused by the use of a mobile phone.
4.3 With the exception of the time necessary for maintenance purposes of the edpnet service by or ordered by edpnet, edpnet will make every effort to offer its services at all times. Edpnet shall at all times exercise the reasonable skill and care of a competent telecommunications provider. Edpnet reserves the right to suspend or limit the service for maintenance purposes, to make adjustments or if the use or failure of the service disrupts its service or any other edpnet service, edpnet will take care that the duration of this suspension or limitation is limited to the time necessary to perform the necessary repairs. Edpnet will not be liable for any damage ensuing from similar suspensions or limitations.
4.4 Failure in customer service due to circumstances beyond edpnet's control: edpnet is not liable for the unavailability of any edpnet service and/or any other failure due to circumstances reasonably not foreseeable by edpnet and circumstances beyond edpnet's control, such as, but not limited to, disruptions and/or total breakdown of the internet and internet connections, the telephone network, the telecommunications equipment of an operator, the communications connections or equipment of edpnet or third parties who deliver services to edpnet, power supply, the full use of dial-up lines of edpnet and other disruptions beyond edpnet's control, and furthermore international conflicts, import regulations and limitations, any government measures, violent or armed actions, labour conflicts, boycotts, delays in deliveries or non-execution of deliveries under third party contracts to edpnet.
4.5 Damage to customer/subscriber: edpnet is solely responsible for any direct damage ensuing from an accountable contractual failure of edpnet vis-à-vis the customer/subscriber in design or due to a mistake on its part or on the part of one of its employees, which can be demonstrated by the customer/subscriber and can be determined by edpnet.
In case of liability of edpnet, on any basis whatsoever, the damages the customer/subscriber can claim, per event, considering connected events as one event, can never exceed the amount paid by the customer/subscriber for access to the edpnet services during twelve (12) months, all damages included.
Under no circumstances will edpnet be liable for indirect damage, including, but not limited to loss of or damage to data, loss of profits, financial loss, extra expenses, loss of customer/subscriber, disrupted planning and claims by third parties.
Each claim or liability by the customer/subscriber expires one (1) year after the start of the cause of this claim or liability.
4.6 In case of loss or theft the customer/subscriber remains responsible for paying his calls and subscription fees until the date his SIM card is deactivated. The customer/subscriber can request immediate suspension of all calls to and from this SIM card for a maximum period of 5 working days. When making the request the customer/subscriber has to be able to identify himself as the SIM card holder. After that period and without contraindication from the customer/subscriber, automatic suspension will occur. The customer/subscriber has to confirm this information in writing to edpnet nv, Van Landeghemstraat 20, 9100 Sint- Niklaas. Subsequently the customer/subscriber will receive a new SIM card.
4.7 Damage by customer/subscriber: only the customer/subscriber is responsible for any damage, direct or indirect, material or immaterial, due to a mistake caused by himself or one of his employees to edpnet or a third party.
4.8 The customer/subscribers undertakes to compensate edpnet for every question, claim, sentence of compensation edpnet could be the subject of, due to the behaviour or the messages the customer/subscriber or one of his employees spreads on the internet, or following any other use by the customer/subscriber of the edpnet services and for all claims by third parties.
4.9 Any communication through the edpnet service by the customer/subscriber of confidential data that concerns him or which he so regards, is at his own risk. He will take all necessary measures to protect the confidential and honourable nature of his data. In compliance with the statutory rules and regulations and this agreement, edpnet will not be responsible for the publishing of confidential data stored in its information system. Only the customer/subscriber is responsible for any damage whatsoever due to insufficient security.
The customer/subscriber hereby authorises edpnet to use his personal data in relation to the use of the edpnet services (and for the duration of the agreement) for:
- customer relationship management (e.g. invoicing, communication between edpnet and customer/subscriber in case of disputes, …)
- the provision of adequate edpnet services.
The customer may request edpnet to provide – free of charge – any personal details pertaining to him, by sending a written request, dated and signed, to edpnet and ask them to correct, if needed, any incorrect, incomplete or irrelevant details, pursuant to the applicable legal provisions.
5. Duration, termination and suspension
5.1 Unless specified otherwise, the agreement is concluded for a minimum duration of one (1) year. Barring resiliation of the customer, one month before the end of the initial period, the contact will be prolonged for the period of one (1) year. The customer can terminate the agreement at every moment, provided a notice one month on beforehand, according to the stipulations as mentioned in article 9.3.
5.2 The subscription becomes valid on the date edpnet activates the SIM card for the mobile telephone service.
5.3 After the expiration of the minimum contract duration, the agreement can be terminated in writing on a monthly basis in a traceable manner (e.g. mail, fax, e-mail, …) to edpnet, provided that a one (1) month notice is complied with prior to the expiration date. Without termination by the customer/subscriber/subscriber, the agreement is tacitly extended on a monthly basis after the expiration of the minimum contract duration.
5.4 If one of the parties cancels the subscription early, either before the expiration of the subscription duration or without observing the period of notice, the other party can legally claim a compensation for premature termination of the agreement. This compensation is fixed to the amount of € 125.
5.5 Provisions 5.3 and 5.4 apply without prejudice to the customer/subscriber’s termination option provided in article 3.8 and 3.9.
5.6 Each party can suspend the subscription in case of shortcomings of the other party. In case of serious shortcomings the subscription can be terminated
immediately and without proof of default.
Shortcomings which can suspend the subscription:
- ean unpaid invoice;
- not using edpnet mobile for a period of 3 consecutive months;
- abnormal use and/or fraud.
5.7 Serious shortcomings which can terminate the subscription:
- edpnet mobile not being activated again within the month following the suspension date in case of loss or theft in accordance with article 4.4;
- not respecting edpnet mobile’s general terms and conditions.
5.8 In case of suspension as a result of one of the reasons above, the customer/subscriber is not entitled to compensation. The customer/subscriber has to observe his obligation to pay the subscription fee and the expired invoices.
6. Authority and applicable law
6.1 Edpnet commits itself to correct or resolve any issues it is informed of as soon as possible. In case the Client is not satisfied with the solution offered by edpnet or he is a victim of malicious calls, he can turn to the Ombudsman Service: Place des Barricades 1 - 1000 Brussels - plaintes@mediateurtelecom.be.
6.2 The agreements with edpnet shall be governed by Belgian law.
6.3 For all disputes that may result from the agreement of which (among other things) the invoice is sufficient evidence, as well as all disputes that relate to the execution by partners of the commitments, only the Belgian Courts.
