General business conditions
SERVICES
1. Introduction2. Description of services
3. Conclusion of the agreement
4. Settlement of the invoice(s)
5. Payment and activation conditions for internet subscriptions
6. Internet access
7. Responsibilities and liabilities of the customer/subscriber
8. Obligations and liabilities of edpnet
9. Entry into force and termination the agreement
10. Other conditions
11. Guarantee
12. Jurisdiction
GOODS
13. Introduction14. Quotations and conclusion of the agreement
15. Delivery - acceptance of risk - force majeure
16. Goods on Loan / Right of Use
17. Invoicing and payments
18. Warranty
19. Jurisdiction
Services
edpnet is a trademark of EDPNET Belgium BV, with registered office at Bellestraat 30, 9100 Sint-Niklaas, and company number 0799.091.641, hereinafter edpnet.
1. Introduction
1.1. These General Terms and Conditions for Enterprises and Practitioners of Liberal Professions, hereinafter referred to as General Terms and Conditions, regulate the legal relationship between the service provider, i.e. edpnet, and the firm or practitioner of a liberal profession, hereinafter called customer/subscriber, from his request for an internet product or service. They are part of the agreement and are applicable to all related legal acts.
1.2. Changes or additions requested by the customer/subscriber apply only if they were confirmed in writing by edpnet.
1.3. The General Terms and Conditions from the customer/subscriber are expressly rejected by edpnet.
2. Description of services
2.1. Edpnet offers the customer/subscriber the possibility to receive, against payment of the prices established by edpnet, a wide range of internet services, such including, but not limited to: internet access (through different technologies), e-mail, leased lines, (dedicated) web hosting, …
2.2. The technical specifications of the above-mentioned services, as well as the particular conditions related to the use thereof, are described online on the website www.edpnet.net and in the manual or in the documents that are at the disposal of the customer/subscriber and which constitute an integrated part of the agreement. Internet subscriptions have no guaranteed speeds, unless explicitly mentioned.
2.3. In relation to internet subscriptions, communicated maximum download and upload speeds are merely informative and have no legal value. The customer / subscriber acknowledges that the individual actual speeds that will eventually be achieved are determined by several external factors, such as the nature of the internet connection, the physical quality and the distance between the connection on the location of the customer/subscriber and the central, the internal network of the customer/subscriber (the computer system, internal cabling ...) and any other factors not attributable to edpnet.
3. Conclusion of the agreement
3.1 The customer/subscriber cannot derive any rights from obvious errors in a quotation. If a validity period is stated on a quotation and the customer/subscriber approves the quotation outside the validity period, edpnet has the right to inform the customer/subscriber that it does not wish to conclude an agreement.
3.2 The agreement is concluded at the moment that a quotation accepted in writing by the customer/subscriber, or an order placed by the customer/subscriber via the online order tool, is ratified by edpnet. The minimum duration of the agreement is stated on the order confirmation that is sent to the e-mail address provided by the customer/subscriber during the order process. The customer/subscriber will provide edpnet with all information it deems necessary to conclude the agreement, in particular the e-mail address of the customer/subscriber that will be used in the context of the contractual relationship with edpnet. The customer/subscriber is solely responsible for the correctness of the information he provides to edpnet.
3.3 Edpnet reserves the right not to enter into an agreement, without being liable for any compensation, for one (1) of the following reasons:
- the infrastructure of the customer/subscriber or the Proximus network does not support or supports with difficulty the provision of the internet service, for technical or other reasons;
- the equipment of the customer/subscriber may disrupt the network;
- the customer/subscriber or his authorized representative does not provide a legitimate document with which edpnet can identify him;
- the customer/subscriber does not fulfill his obligations to which he is bound under another agreement with edpnet;
- in the event of serious indications of fraud, doubt as to the creditworthiness or non-payment of products or services, which may, for example, be evidenced by a history of non-payment;
- the customer/subscriber refuses to make the prepayment requested by edpnet;
- the customer/subscriber has provided incorrect data during the order process.
3.4 The customer/subscriber acknowledges that edpnet informed him in detail during the negotiations and that everything was clearly explained to him regarding the possibilities and limitations of the ordered internet service(s).
3.5. The indicated price is fixed and unchangeable.
3.6 Additional work is proven either by a written agreement or by execution by edpnet. If edpnet or a subcontractor that works on behalf of edpnet, at the request or with the consent of the customer/subscriber, has performed activities, other performances or deliveries that fall outside the content or scope of what has been agreed, these activities, performances or deliveries will be reimbursed by the customer/subscriber to edpnet according to the usual rates of edpnet or shall pay the fixed price in case a fixed price has been agreed. However, edpnet is not obliged to comply with such a request and may require that a separate written agreement be concluded for this purpose.
4. Settlement of the invoice(s)
4.1. All invoices are to be paid net at the time stated on the invoice.
4.2. One-time and periodic charges that the customer/subscriber must pay are set out upon the conclusion of the Agreement.
4.3. All prices and rates are quoted in Euros (€) and, unless otherwise specified, exclude sales tax (VAT) and other taxes which are imposed by the government.
4.4. The internet services require the payment of a setup/activation cost, after which a periodic billing of the monthly subscription fee for the delivery of the Internet service follows.
4.5. In case he exceeds the traffic limit, the customer/subscriber with a internet subscription with limited traffic per month shall be invoiced for the extra consumption per started gigabyte (GB). The price per GB is mentioned on the order confirmation and on the Myedpnet page of the customer/subscriber.
4.6. Subject to other specific stipulations in writing, any invoice is to be settled annually in advance. The customer/subscriber receives an invoice by e-mail or via his Myedpnet pages. Payments are thus made on a yearly basis and in advance unless otherwise specified.
4.7. Each party has the right to suspend the execution of the commitments to the other party in case of default. Such suspension does not release the other party from the fulfilment of its obligations.
If the customer/subscriber does not pay the invoice on time, edpnet is entitled to remind the customer/subscriber at any time in writing of the expiration of the due date of the invoice and to invite him to make the payment due within a reasonable period. The first written reminder is free of charge. The costs for all other written reminders will amount to a maximum of € 10.00.
From the due date of the invoice to the day of the full payment, the customer/subscriber is due a late-payment interest on the undisputed total amount of the invoice. The late-payment interest are calculated at the statutory interest rate.
Edpnet is entitled to deactivate the service if the customer/subscriber fails to comply with the notice of default within the set term and if no valid dispute of the outstanding amount stated in the notice of default has been made known to edpnet. Edpnet will not charge the customer/subscriber any cost for the deactivation of the service due to non-payment. For the reactivation of the service after a deactivation due to non-payment, edpnet is entitled to charge the customer/subscriber a maximum amount of € 30.00 including VAT.
In the event that the service to the customer/subscriber has already been deactivated due to non-payment during the previous twelve (12) month period, edpnet is entitled to immediately deactivate the service without prior notice when the customer/subscriber fails to pay an invoice on time and has not made a valid dispute about the outstanding amount to edpnet.
If the customer/subscriber fails to comply with a notice of default within the set term, and if no valid dispute of the outstanding amount stated in the notice of default has been made known to edpnet, edpnet is entitled to hand over the dossier for collection at any chosen time. In such a case, edpnet is entitled to charge to the customer/subscriber collection costs for a maximum amount of € 150.00 insofar as the total of the principal sum due, plus the statutory interest, does not exceed the amount of € 1,250.00. In case the amount due to edpnet is higher than € 1,250.00, the actual collection costs will be charged to the customer/subscriber
4.8. In accordance with Article 108 §2 of the law of June 13, 2005 on electronic communications, edpnet reserves the right to change the prices of the periodic services in contracts of indefinite duration at any time. In case of a price increase 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.
4.9. If the customer/subscriber complains regarding the accuracy of the invoice amount, he can object in writing within eight (8) calendar days following the invoice date. Upon receipt of the objection edpnet will immediately investigate the accuracy of the invoice amount. If a dispute of an invoice is found to be justified or if further investigations should be required, edpnet will immediately suspend the disputed portion of the invoice or take the necessary steps to rectify the wrong inning. Edpnet will clearly inform the customer/subscriber about the undisputed amount and the date by which this must be paid. If edpnet rejects the complaint, the disputed amount is payable immediately. The payment terms of this sum is stated in the communication of the decision. In no way will edpnet charge the customer/subscriber for the settlement of the dispute, except where the dispute arguably has no other goal than to postpone the payment.
4.10. The customer/subscriber who leaves his address or transfers the ownership without cancelling, modifying or transferring his subscription, remain responsible for the payment of the amounts due and for the use of the Internet service(s).
4.11. As far as installation is concerned, the price varies depending on the type of installation selected by the customer/subscriber. The various installation possibilities offered by edpnet are described on the website www.edpnet.be.
4.12. When an unnecessary intervention takes place, edpnet is entitled to charge the customer/subscriber an administrative fee of € 164,46 excluding VAT. In addition, edpnet shall charge the customer/subscriber costs for carrying out of unnecessary operations. Unnecessary interventions are:
1. a request for repair of a defect, which was not caused by edpnet and for which edpnet or its subcontractor have carried out certain operations (repair, testing, relocation, ...);
2. an intervention for which edpnet or its subcontractor have carried out useless operations (repair, testing, relocation, ...) due to the fact that the customer/subscriber was not present at the meeting, did not give access to his property or gave incorrect information;
3. an intervention which took place due to the fault of the customer/subscriber, such as excessive use of the line or any other fault of the customer/subscriber.
The above mentioned interventions are not limited to the address/property of the customer/subscriber and can also involve the infrastructure outside the address/property of the customer/subscriber.
4.13. The customer/subscriber acknowledges to edpnet the validity and probative value of the invoices and all other related documents.
5. Payment and activation conditions for internet subscriptions
5.1. Monthly subscriptions are to be paid in advance by direct debit or (online) bank transfer on the indicated edpnet bank account numbers, mentioning the necessary references. Yearly subscriptions are to be paid in advance by (online) bank transfer or credit card. Additional usage or time/material based amounts are invoiced in arrear.
5.2. Internet subscriptions are activated within twenty (20) working days, subject to technical complications (e.g. rejection of the line, wrong data given by end-user: e.g. wrong telephone number, customer number, ...).
6. Internet access
6.1. The subscription starts at the moment of the written confirmation of the activation of the service requested.
6.2. The customer/subscriber declares to be familiar with the functioning of the internet access and accepts the user rules as mentioned in art. 7.
6.3. Edpnet reserves the right to make procedural and technical changes (included the changing of telephone numbers of the dial-up numbers of the edpnet network as well as the login procedure) and/or to carry out improvements in edpnet services or an entry code of the customer, if the functioning of edpnet so requires. The customer/subscriber will be advised of this beforehand.
6.4. The right to use the edpnet service, unless specifically stipulated otherwise, is reserved for the customer/subscriber, as a natural or as a corporate person and is limited to one single user on a single installation unless otherwise agreed. The customer/subscriber may not exceed the rights granted to him, notably among other things by subscribing for the connection of a personal computer and instead connecting either a local area network of computers (LAN) or several personal computers and to give them access to the edpnet service, to use a dynamic IP address on a permanent basis in such a way that the customer/subscriber should have a fixed IP address at his disposal, as well as using a fixed IP address, unless otherwise specified in the subscription. Should the customer/subscriber ignore this prohibition clause edpnet has the right to terminate this agreement immediately and without prior notice.
6.5. The customer/subscriber uses (telephone) services that allow access to the dial-up numbers of edpnet. The services of the telecom operator, used to gain access to the different regional dial-up accounts, is part of a separate contract and separate invoicing by this operator, against standard rates and conditions of the services involved. Edpnet is not liable for problems with the telephone connection or the leased line between the customer/subscriber and the dial-up accounts of edpnet, caused by or attributable to the telecom operator.
6.6. The customer/subscriber with a internet subscription can use a certain traffic volume (GB) per month. The traffic volume included into the subscription is specified in the order confirmation form. Edpnet shall notify the customer/subscriber by e-mail when the traffic volume approaches the maximum allowed limits. When the customer/subscriber exceeds the maximum traffic volume, edpnet will put the customer/subscriber on narrow band until the first day of the next billing period. An overview of the total monthly traffic volume and the price in case of excessive use are available via the My edpnet page of the customer/subscriber.
7. Responsibilities and liabilities of the customer/subscriber
7.1. The customer/subscriber undertakes to identify himself upon the registration of the internet service. The customer/subscriber is obliged at any time to pass on correct information. The customer/subscriber remains responsible for the information and the prompt adaptation of it when necessary. The customer/subscriber remains responsible for the information and the prompt adaptation of it when necessary.
7.2. If the customer/subscriber requests edpnet to retrospectively make documents after administrative changes were made to the originally presented information, or after the customer/subscriber has adjusted certain billing information, edpnet is entitled to charge administration costs of €12,40 excluding VAT, except when the customer/subscriber moves.
7.3. The customer/subscriber will use the edpnet services in accordance with the applicable rules and regulations and will behave in a way that can be expected from a responsible and careful person.
7.4. The customer/subscriber will refrain from using the internet in general and the edpnet services in particular in an improper way. He will not use the services for any illegal action, nor to violate any applicable law, statute, ordinance or regulation applicable to the internet. This prohibition refers, among other things, to the following actions:
- the customer/subscriber undertakes to comply with all applicable laws and regulations while making use of edpnet services. He may not, among other things, establish and maintain any form of communication of an illegal, illegitimate, incorrect, obscene or slanderous nature that disturbs public order and/or public decency and that construes an invasion of privacy of other customers/subscribers or third parties, that violates applicable laws and regulations on racial hatred and xenophobia, as well as the unlawful and/or punishable disclosure of secret or confidential information;
- the customer/subscriber undertakes to respect the intellectual property rights (including but not limited to copyrights, patent and trade mark rights, and data base rights) of edpnet, other customers/subscribers and third parties;
- the customer/subscriber undertakes to refrain from sending unsolicited messages, spreading viruses, or in any way disrupt communication or data filing and to cause no damage to the edpnet services or to limit or hinder the use or capacity of these edpnet services for any other customer/subscriber, among other things by burdening the net needlessly by causing a large unjustified flow of data (flooding, spamming, etc.);
- the customer/subscriber undertakes not to perform any act of ‘piracy’ or 'hacking' against the edpnet system or any other system, not to enter data or systems by means of false keys, false codes and/or false identities or in any other illegal way, nor to commit any theft of data and not to harm, damage or destroy the integrity of the information data and programs;
- the customer/subscriber undertakes to select no username (i.e. the part of the electronic address before @) which is contrary to the public order and / or morals or harms the image or the rights of edpnet or third parties. Edpnet reserves the right to reject, modify and prohibit any name that could be contrary to these principles.
7.5. Edpnet requests the customer/subscriber to inform edpnet of any improper content accessible from its network, so as to enable edpnet to take the appropriate and necessary measures to delete this information or make it inaccessible.
7.6. The customer/subscriber is, as holder of the telephone line, responsible for any change on this line. In case Proximus removes the telephone service from the line on which the edpnet DSL subscription is activated, for any reason, and Proximus changes the status of the line on which the DSL subscription is activated automatically to a raw copper status (= a fixed line without Proximus telephony activated on it), Proximus will invoice edpnet each month for the rental of the raw copper pair. Edpnet will charge these monthly costs to the customer/subscriber from the date of the conversion onto the raw copper pair, at the rate effective at the time of conversion and mentioned on www.edpnet.be. From the moment that edpnet is informed of this change by Proximus, edpnet will inform the customer/subscriber without delay of this change, and the consequences thereof.
7.7. The customer/subscriber 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.
7.8. In case the customer/subscriber does not fulfill his obligations under the agreement, edpnet has the right to fully or partially suspend the service(s) provided to the customer/subscriber that are mentioned on the same invoice.
7.9. In case of serious shortcomings on the part of the customer/subscriber with regard to the fulfilment of his obligations, edpnet may immediately block the access to its network and/or the access to the content for third parties. The customer/subscriber will be informed within a reasonable term by e-mail and/or by post thereof and will be put on notice about the fulfilment of his obligations. The (e-mail) address that will be used is the (e-mail) address submitted by the customer / subscriber to edpnet in the contact information.
In case the customer/subscriber does not fulfill his obligations and does not express any formal commitment to doing so in the future within five (5) workdays from the day following the day of the notice, edpnet has the right to terminate the agreement. This termination does not entitle the customer/subscriber to any compensation or compensation for damages.
7.10. The suspension of the service ends when the customer/subscriber fulfils his obligations.
During the suspension of the service the service costs/monthly fees are still due unless the customer/subscriber can prove that the service was suspended wrongfully by edpnet. The severance pay referred to in Article 9.3 is due throughout the duration of the suspension.
When the service is restored, the re-activation costs are charged.
7.11. All unlimited offers are subject to the Fair Use Policy. This means that all usage is "fair" as long as no other customer experiences problems due to the excessive usage of a single customer. Edpnet reserves the right to inform the customer/subscriber whose regular and average usage significantly exceeds that of customers/subscribers with the same internet subscription. The customer/subscriber will be requested in writing and in a traceable manner by edpnet to reduce the usage. If three (3) consecutive written requests to the customer/subscriber bring none or insufficient results, edpnet reserves the right, not to compromise the network stability and the quality of services with regard to other customers/subscribers, to downgrade the profile of the customer/subscriber.
8. Obligations and liabilities of edpnet
8.1. 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.
8.2. 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.
8.3. In case of unavailability or failure due to any of the above-mentioned circumstances for a period of more than two (2) months, both parties have the right to terminate the agreement.
8.4. 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 serious 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. Without prejudice to the mandatory legal provisions, 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.
8.5 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/subscriber may request edpnet to provide – free of charge – any personal details pertaining to him, bysending 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.
8.6. The customer/subscriber accepts that edpnet cannot be held liable for the deletion or failure to receive e-mails or other information nor for failure to store e-mails or other information.
8.7. Edpnet can not be held liable for the content of communications or messages, nor for the integrity of the data that is sent via its network. Edpnet cannot be held liable for the services nor for the corresponding invoices offered by third parties and accessible via its network. Edpnet provides no guarantee and accepts no liability for the services offered or information distributed via its network.
8.8. When the customer/subscriber terminates the contract, edpnet will as soon as technically possible shut down the service and send a written confirmation of it to the customer/subscriber.
8.9. Edpnet will, at the request of the customer/subscriber, free of charge, send a warning message when a freely chosen and preset financial ceiling or a ceiling in terms of volume is reached.
9. Entry into force and termination of the agreement
9.1 This agreement enters into force on the date of activation. The sending by edpnet of the activation confirmation to the e-mail address specified by the customer/subscriber during the order serves as proof of activation. Unless the customer/subscriber gives written notice before the expiry of the initial period, the agreement will be automatically extended for an indefinite period.
9.2 Without prejudice to the provisions of article 9.3, the customer/subscriber can terminate the agreement in writing at any time without being obliged to give a reason. Edpet will make every effort to terminate the agreement as soon as possible or on the date chosen by the customer/subscriber. Edpnet will send the customer/subscriber a written confirmation of the effective termination date, taking into account the technical specifications.
9.3 The unilateral termination of the agreement by the customer/subscriber gives rise to immediate and irrevocable legal consequences. The customer/subscriber with a maximum of 9 employees can terminate the agreement at a self-chosen moment, even if this is immediate. The customer/subscriber with more than 9 employees can be held to a notice period of maximum one (1) month upon termination of the agreement after its tacit renewal for an indefinite period. If the customer/subscriber decides to terminate the agreement early during the minimum term, compensation for early termination of the agreement can be claimed by law. For a customer/subscriber with more than 9 employees, this compensation is equated to the sum of the remaining monthly amounts up to and including the end of the minimum term. For a customer/subscriber with a maximum of 9 employees, the compensation is limited to the totality of the monthly subscription fee that is still due until the end of the first six (6) months after the entry into force of the agreement. The burden of proof of the number of employees lies with the customer/subscriber.
9.4 In the event of a move, the agreement at the old location will be terminated. The subscription at the new location is considered a new agreement, subject to all conditions attached to entering into the new internet subscription. In the event that the move takes place during the minimum duration, and the customer/subscriber enters into an agreement at the new location for at least an equivalent new edpnet subscription, the customer/subscriber does not owe any compensation as described in article 9.3. When activating the subscription at the new location, edpnet will draw up a credit note for the overbilled period of the subscription at the old location.
9.5 If the customer/subscriber wishes to switch to an internet subscription that uses a different technology, edpnet will regard this as a new order, subject to all conditions associated with entering into the new internet subscription.
9.6 The customer/subscriber cannot transfer the agreement to a third person. If a third person wishes to domicile at the connection address of the customer/subscriber to which the agreement applies, and he wishes to take over the active internet connection of the customer/subscriber, he must conclude a new agreement with edpnet. During the order, the third person must state that it concerns the takeover of the active internet connection of the relevant customer/subscriber. The customer/subscriber must terminate the relevant agreement with edpnet in writing. Unless the third person chooses an internet subscription that uses a different technology, edpnet will not charge any activation costs.
9.7 The customer/subscriber who is denied access to and/or stay at the connection address by court decision, grants edpnet the right to transfer the agreement ex officio to the person legally occupying at the address of the connection, if the latter so requests.
9.8 Edpnet may terminate or suspend the agreement in the event of an order or a decision from an administrative or judicial authority. In that case, the customer/subscriber is not entitled to any compensation.
9.9 If the customer/subscriber has mailboxes included with the internet subscription, he can request to gain free access to the electronic mail that arrives at the created edpnet e-mail address(es) during eighteen (18) months following the end date of the agreement. If the customer/subscriber wishes to have further access to the electronic mail that arrives at the edpnet e-mail address(es) after this period of eighteen (18) months, he must contact edpnet in order to conclude a specific agreement for this purpose. If the customer/subscriber has web space included with the internet subscription, he can request edpnet that the website(s) hosted on the included web space remain accessible free of charge for six (6) months following the termination of the agreement in order to edit the data stored there. The customer/subscriber must notify edpnet of this in writing at the latest on the day of the effective termination of the internet subscription.
10. Other conditions
10.1. The customer/subscriber acknowledges to have taken cognisance of the mentioned General Terms and Conditions and to have accepted them. By simple use of the edpnet internet service the customer/subscriber confirms that he has accepted it.
10.2. Edpnet and the customer/subscriber agree that any communication between them via the secured e-mail system has the same legal value as written and signed letters.
10.3. Edpnet and the customer/subscriber agree that the information with regard to communications, agreements and payments is stored by edpnet on a durable and unchangeable carrier has legal value unless proven otherwise.
10.4. In case of contradictions in the General Terms and Conditions of these stipulations, the following conditions will apply and prevail in this order:
- product-specific and/or customer/subscriber-specific terms and conditions;
- the Dutch version of these General Terms and Conditions for Enterprises and Practitioners of Liberal Professions;
- present General Terms and Conditions.
10.5. If the duration of the contract is unlimited, edpnet reserves the right, in accordance with Article 108 § 2 of the law on electronic communication of June 13 2005, to alter the conditions. In accordance with this article, 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. The 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.
10.6. The invalidity or non-enforceability of one of these General Terms and Conditions does not in any way affect the validity of the other conditions.
10.7. All prior oral or written agreements and settlements are considered void and are completely replaced by the provisions of this Agreement.
11. Guarantee
11.1. Edpnet guarantees the execution of the contract/agreement in a professional way.
12. Jurisdiction
12.1. Edpnet commits itself to correct or resolve any issues it is informed of as soon as possible. In case the customer/subscriber is not satisfied with the solution offered by edpnet he can turn to the internal complaints service of edpnet. Only written complaints sent via complaints[at]edpnet.com or to the contact address of edpnet, for the attn. of Complaints Service, Bellestraat 30, 9100 Sint-Niklaas are taken into account. The customer/subscriber can nevertheless turn to the Ombudsman Service for Telecommunications (Ombudsman Service for Telecommunications, Koning Albert II-laan 8 bus 3, 1000 Brussel / Boulevard du Roi Albert II 8 boîte 3, 1000 Bruxelles - E-mail: klachten[at]ombudsmantelecom.be) to inform himself about his interests.
12.2. The agreements with edpnet will be governed by Belgian law.
12.3. For all disputes that may result from the agreement for which (among other things) the invoice is sufficient evidence, as well as all disputes pertaining to the fulfilment of the obligations by partners, only the court of Dendermonde will be competent.
Goods
13. Introduction
13.1. This part of these General Terms and Conditions regulates the legal relationship between the supplier, ie edpnet, and the customer/subscriber, concerning all goods delivered by edpnet within the context of a subscription.
13.2. Any changes to these General Terms and Conditions are only valid if and when they are accepted by an authorized representative of edpnet beforehand and in writing.
13.3. General Terms and Conditions as applied by the customer are explicitly rejected by edpnet.
14. Quotations and conclusion of the agreement
14.1. The customer/subscriber cannot make any claims based on obvious mistakes and typos in the offers/ price quotations. If the validity period is mentioned in the offer and the customer/subscriber accepts the offer outside the validity period, edpnet has the right, if it so wishes, to immediately announce that it has no plans to conclude an agreement.
14.2. Orders are only regarded as being accepted by edpnet under the following conditions:
(a) if they are confirmed in writing by an authorized representative of edpnet;
(b) if they are confirmed in writing by the customer/subscriber signature on the offer;
(c) if they are confirmed by the customer/subscriber electronically at the end of the online ordering process;
(d) if they are followed by execution by edpnet.
14.3. The customer/subscriber confirms that edpnet has informed him in detail during the negotiations and that everything regarding the possibilities and restrictions of the hardware ordered was clearly explained in detail.
14.4. The indicated price is fixed and cannot be changed.
14.5. If the customer/subscriber buys equipment necessary for the proper operation of an Internet service (for example, a modem, a splitter, ...), this price does not include installation of this equipment by edpnet. As far as installation is concerned, the price varies depending on the type of installation selected by the customer/subscriber. The various installation possibilities offered by edpnet are described on the website www.edpnet.be.
15. Delivery - acceptance of risk - force majeure
15.1. All goods are delivered ex-works edpnet. Upon the request of the customer/subscriber edpnet can organize transportation of goods to an address specified by customer/subscriber. All transportation costs are to be paid by the customer/subscriber. The costs for transportation, registered mail, express delivery, etc. will be mentioned in advance to the customer/subscriber and will be charged to the customer/subscriber separately and, therefore, are in no case included into the specified unit price. Edpnet fulfills its delivery obligations upon the signing of the receipt. If the customer/subscriber refuses to receive the ordered goods without valid reason, the customer/subscriber will bear all costs related to returning of these goods.
15.2. The risk of loss or damage to the good(s) passes on to the customer/subscriber when he or a third party designated by the customer/subscriber and other than the carrier, takes physical possession of the good(s). However, the risk is transferred to the customer/subscriber at the moment of supply of the good(s) to the carrier when the latter was given the responsibility for the transportation of the good(s) by the customer/subscriber and that the choice for the carrier was not proposed by edpnet.
15.3. Edpnet's obligations in this agreement are suspended temporarily in the case of and for the period that the execution thereof is slowed down or made impossible by circumstances beyond edpnet's control including, but not limited to, strikes, lock-outs or other labour conflicts, wars, riots and civil disorders, telecommunications disorders, acts or oversight by the government or other public bodies, embargoes, epidemics, fire, earthquakes; floods or any other natural disaster.
15.4. In case of installation at the customer's premises, the customer must see to it that the area in which the equipment and programmes will be used meets the following requirements: presence of at least 3 connection points for power supply, this power supply has to be stable and steady, a temperature of maximum 35 degrees and minimum 10 degrees Celsius, a relative humidity of 15% to 80%. The customer will bear the costs of any delay in the installation caused by the non-fulfilment of any of the conditions mentioned above.
16. Goods on Loan / Right of Use
16.1. As part of certain Internet subscriptions edpnet can offer a modem on loan to the customer/subscriber. Edpnet undertakes to offer a modem to the customer/subscriber as part of these specific internet subscriptions.
16.2. The modem stays the exclusive property of edpnet throughout the entire duration period of the loan.
16.3. The loan is free of charge.
16.4. Unless otherwise agreed, the modem is lent solely for private use. The customer/subscriber is under no circumstances allowed to wholly or partially, with or without compensation, transfer or in any way make the modem available to third parties or use it at a different location than at the address of activation of the internet subscription.
16.5. Throughout the entire duration period of the loan the customer/subscriber guarantees to keep and safeguard the modem with proper care. He can only use it for the determined purpose and in accordance with the user manual. He bears maintenance and repair costs and is responsible for the consequences of theft or loss, except when they are due to force majeure circumstances. The customer/subscriber is obliged to compensate edpnet for any wear and tear of or damage to the modem, which are not the result of normal use.
16.6. The customer/subscriber cannot transfer its rights and obligations under the agreement to third parties.
16.7. The modem is lent for the duration period of the internet subscription, which the modem is part of and which commences upon receipt of the modem by the customer/subscriber. During this period, the customer/subscriber, however, is free to return the modem to edpnet at any time. The customer/subscriber is obliged to return the modem to edpnet at his own risk and cost if the Internet subscription, which the modem is part of, is terminated for whatever reason.
16.8. If the customer/subscriber does not return the modem within fifteen (15) calendar days after the agreement between himself and edpnet with regard to the terminated Internet subscription which the modem is part of (as referred to in Article 16.7), he is considered to have bought the modem. In such case the sale is deemed to have occurred at the time of delivery of the modem for loan. In this case edpnet makes an invoice to the customer/subscriber for the sales price relevant at the moment of commencement of the agreement which the modem for loan was part of.
16.9. If a faulty modem on loan turns out to be the cause of a reported problem with the internet line, the customer/subscriber is asked to return the faulty modem on loan to edpnet upon the reception of a replacement modem on loan. The customer/subscriber must return the defective modem on loan to edpnet within fifteen (15) calendar days upon the reception of the replacement modem on loan, in the original packaging, including all documents that were originally in the box (cables, manual ...). The customer/subscriber can do this by using the return label that comes with the replacement modem on loan. If the customer/subscriber does not return the faulty modem on loan within fifteen (15) calendar days after the reception of the replacement modem on loan, edpnet is entitled to charge the replacement modem at the actual selling price. In case of dispute, the burden of proof is with the customer/subscriber.
17. Invoicing and payments
17.1. All invoices are payable net.
17.2. Invoicing will be carried out according to the delivery time and/or execution, unless otherwise specified.
17.3. Goods that are not on loan must be paid in advance, unless specifically stipulated otherwise, through either online payment or bank transfer. The amount is automatically increased with the shipping costs.
17.4. Edpnet will deliver the ordered goods once the payment has been received, subject to depletion of the stock of the goods ordered. In the event that the customer/subscriber has chosen for an installation by an edpnet technician, the edpnet technician will bring the goods, as far as the goods do not affect the start-up or performance of another service. In the latter case the goods will be shipped by edpnet once the payment is received, except to depletion of the stock of the goods in question.
18. Warranty
18.1. Edpnet undertakes to deliver the goods to the customer/subscriber in accordance with the contract.
18.2. The good is delivered to the customer/subscriber in accordance with the contract if it
1° is in accordance with the description of it given by edpnet;
2° is fit for any particular use desired by the customer/subscriber as he has made known to edpnet at the conclusion of the agreement and that edpnet has accepted;
3° is suitable for the purposes for which goods of the same type are normally used;
4° offers the quality and performance which is normal for goods of the same kind and that the customer/subscriber can reasonably expect, given the nature of the goods and public statements on the specific characteristics of it by edpnet, the manufacturer or his representative.
Edpnet is not bound by public statements, if it can demonstrate that the
- statement referred to was not known by edpnet and could not reasonably have been known ;
- statement referred to was rectified at the time of conclusion of the contract, or
- decision to purchase the goods could not have been influenced by the statement.
Lack of compliance is deemed not to exist in the context of this article if, at the time of concluding the contract, the customer/subscriber knew or should reasonably have been aware of the defect. Any lack of conformity resulting from incorrect installation of the good shall be equivalent to a lack of conformity of the good if the installation was performed by edpnet, or under its responsibility. The same applies if the customer/subscriber is installing a product and the incorrect installation is due to an error in the installation instructions.
18.3. Edpnet is liable towards the customer/subscriber for any lack of conformity which exists at the time of delivery, and that manifests itself within a period of six (6) months from the aforementioned delivery.
18.4. The customer/subscriber will bring the lack of conformity to the attention of edpnet within a period of two (2) months from the date the customer/subscriber has identified it. When this period has elapsed, edpnet has the right to refuse to apply the legal warranty.
18.5. Unless proven otherwise, the lack of conformity that becomes apparent within six (6) months from delivery of the goods is presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the good or the nature of non-compliance, taking into account the new or second-hand nature of the good. After the expiration of the six (6) months, if challenged by edpnet on non-compliance, the customer/subscriber must prove that the lack of conformity existed at the time of delivery of the good.
18.6. If a defective good proves to be the cause of a reported problem, the customer/subscriber will be asked to return the defective good to edpnet upon receipt of a replacement good. The customer/subscriber must return the defective good to edpnet within fifteen (15) calendar days upon receipt of the replacement good, using the original packaging, including all items that were originally in the box (cables, manuals ...). The customer/subscriber can do this by using the easy retour sticker that is sent with the replacement good. If the customer/subscriber does not return the defective good within fifteen (15) calendar days upon receipt of the replacement good, edpnet has the right to charge the replacement good at the actual selling price. In case of dispute, the burden of proof for the return is with the customer/subscriber.
18.7. For defaults detected outside the above legal coverage period mentioned in 18.3., the customer/subscriber must provide evidence to edpnet of the existence of a default that makes the good unsuitable to be used properly. There must be a hidden defect, a major fault and it must have existed at the time of delivery. The customer/subscriber may request reimbursement when he returns the defective good to edpnet and if he chooses not to use the specific warranty offered by the manufacturer. To determine the amount of reimbursement, edpnet will consider the use the client/subscriber has already had of the defective good.
18.8. The legal warranty obligation of edpnet does not apply to the following:
- force majeure;
- repairs caused by incorrect, improper or inadmissible use;
- repair of data files, being understood that the average normal cautious customer is solely responsible for a regular back-up of his data;
- repairs following errors made by the aggrieved party by his appointed person(s) or interventions by third parties, which have not been approved by edpnet beforehand;
- repairs following inherent failures to software which has not been developed by edpnet, as well as non-attributable failures of suppliers;
- repairs following late (not immediate) reporting by the customer of possible failures with every information and documentation available;
- repairs following accidents, fire, natural disasters, power failures and in general every cause other than the equipment delivered.
19. Jurisdiction
19.1. Edpnet commits itself to correct or resolve any issues it is informed of as soon as possible. In case the customer/subscriber is not satisfied with the solution offered by edpnet he can turn to the internal complaints service of edpnet. Only written complaints sent via complaints[at]edpnet.com or to the contact address attn. Complaints Service, Bellestraat 30, 9100 Sint-Niklaas are taken into account. The customer/subscriber can nevertheless turn to the Ombudsman Service for Telecommunications (Ombudsman Service for Telecommunications, Koning Albert II-laan 8 bus 3, 1000 Brussel / Boulevard du Roi Albert II 8 boîte 3, 1000 Bruxelles - E-mail: klachten@ombudsmantelecom.be, tel nr. 02 223 09 09, fax nr. 02 219 86 59) to inform himself about his interests.
19.2. On all agreements with edpnet, Belgian law is solely applicable, with the exception of the Vienna Convention (C.I.S.G) or other international legal rulings of which omission is admissable.
19.3. For all disputes that may result from the agreement for which (among other things) the invoice is sufficient evidence, as well as all disputes pertaining to the fulfilment of the obligations by partners, only the court of Dendermonde will be competent.
