Edpnet telephony conditions

Product-specific terms and conditions: edpnet telephony for private subscribers - Version 1.0 – 18/12/2009

Article 1: General provisions

1.1 The terms and conditions as set forth in this document shall apply EXCLUSIVELY to all agreements concluded between edpnet and the Client pertaining to the provision by edpnet of an Internet telephony subscription. These terms and conditions are to be interpreted as an extension to the General Internet Terms and Conditions. The Client acknowledges to have taken cognisance of, and agrees to the said General Terms and Conditions.

1.2 The Internet telephony offer from edpnet entails the opening of a Voice-over-IP (VoIP) account on the network operated by edpnet, as well as an accompanying telephone number. With the subscription to an Internet telephony service, the Client shall be offered the opportunity to purchase from edpnet the hardware needed to use the service. The proper functioning of the service can only be guaranteed provided the Client uses the VoIP hardware delivered by edpnet for that purpose. Any and all other hardware will be used at the Client’s own cognisance and risk.

1.3 The General Internet Terms and Conditions (mentioned in article 1.1) can be consulted on http://www.edpnet.be.

1.4 The Client’s Internet telephony subscription will only be activated on an active xDSL connection made available by edpnet. It is not possible to access this service in any other manner.

Article 2: Obligations and liabilities of the Client/Subscriber

2.1 Nomadic use: The Client shall not be entitled to use the edpnet Internet telephony service at any location other than the location identified on the order. In the event that the Client changes his/her address (e.g. because of a move of residence), it shall be incumbent on him/her to inform edpnet accordingly at least 15 business days in advance by means of a material traceable medium (e.g. notification by mail, fax, …).

2.2 Telephone number transfer: Edpnet can transfer the Client’s existing telephone number to its network. The Client shall ensure that the data (such as the telephone number to be transferred) communicated to edpnet are correct. A number that has not specifically been assigned to the Client may not be transferred.

Article 3: Conclusion and duration of the agreement

3.1 The Client can order a subscription through the website or by signing a service offer submitted to him or her by edpnet. Edpnet undertakes to activate the service as quickly as possible and to inform the Client as soon as the order has been duly processed.

3.2 The service shall be ordered for an indefinite term and is renewable on a monthly basis. The agreement may be terminated (by way of a material traceable medium such as notification by mail, fax, …) with due observance of a cancellation term of one (1) month prior to the expiry date. Following the termination of the Internet telephony service, the Client should migrate the number he/she was using out of the edpnet databank. In the event that this is not done within a reasonable term, edpnet shall be entitled to assign this number to a new client.

3.3 In the event of the termination of the Internet service on which the Internet telephony has been activated, the subscription to Internet telephony shall likewise lapse. In case only the Internet telephony service is terminated, the Internet connection will be continued and a monthly surcharge for the rental of the copper pair (raw copper) shall be of application, conform to the current market price.

Article 4: Other terms and conditions

4.1 Edpnet reserves the right to deviate from, or add to, these Terms and Conditions, in which case edpnet shall accordingly notify the Client at least one (1) month before the anticipated change enters into force, and this either by regular mail, and/or via e-mail, and/or via the web page of edpnet (http://www.edpnet.be). In the event that the Client does not agree to a change in the terms and conditions, he or she shall be entitled to cancel the subscription within one (1) month following the notification of the change, and this until the date on which the revised terms and conditions enter into force, by said date. The invalidity or non-enforceability of any of the provisions as set forth in these General Terms and Conditions shall in no wise nullify or void the validity of any of the other provisions.

5. Jurisdiction

5.1 The agreements with edpnet will be governed by Belgian law.

5.2 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 Belgian courts will be competent.