Special 4G Backup terms and conditions
1. Definitions
| Activation | The moment at which the Customer can start using the Service. |
| Agreement | The mutual commitment between edpnet and the Customer, on the basis of which edpnet makes the Service available to the Customer for a fee, and to which the General and Special Terms and Conditions apply. |
| Customer | The physical person, the legal person or the association with which edpnet concludes an Agreement, including any person who acts or for whom edpnet can reasonably assume that (s)he is acting with authorization or knowledge. |
| DSL | The collective name for various DSL technologies such as ADSL and VDSL2. |
| edpnet | EDPNET Belgium bv, with registered office at 9100 Sint-Niklaas, Bellestraat 30, and company registration number BE 0799.091.641. |
| General Terms and Conditions | The General Terms and Conditions for Enterprises and Practitioners of Liberal Professions. |
| Hardware | Any equipment supplied by edpnet that is necessary to use a Service, including any Software. |
| Installation Address | The physical address where the Customer will use the Service. |
| LU | Living Unit, any unit in a building that is designed or modified to be used individually by a family or group of people |
| Managed Services | Agreement whereby edpnet installs and configures the Hardware at the Customer's Installation Address and, if necessary, maintains and repairs during the term of the Agreement. |
| NTP | Network Termination Point, the termination point of the DSL network at the Customer's Installation Address. |
| ONT | Optical Network Terminal, the active termination point of the fiber optic network in the LU, to which the Router of the Customer needs to be connected. |
| Orange | Orange Belgium NV, with registered office at 1140 Brussel (Evere), Bourgetlaan 3, and company registration number BE 0456.810.810. |
| Router | A device that connects two (2) or more different computer networks. |
| Service | Any product or service offered by edpnet that can be used by the Customer after installation and / or Activation. |
| Service Level Agreement | Agreement between edpnet and the Customer in which specific arrangements are made regarding the level of service. |
| Software | All elements that are contained in the Hardware and that are protected by an intellectual property right. |
2. Scope
2.1 These Special edpnet 4G Backup Terms and Conditions, hereinafter referred to as Special Terms, are supplementary to the Special Managed Services Terms and Conditions and the General Terms and Conditions, and govern the legal relationship between edpnet and the Customer in the context of an Agreement in which edpnet makes available to the Customer Hardware with a built-in 4G Backup function.
2.2 Concluding an Agreement in which edpnet makes Hardware with a built-in 4G Backup function available implies that the Customer acknowledges that he has been adequately informed by edpnet and that everything has been clearly explained to him regarding the possibilities and limitations of the 4G Backup function.
2.3 The Customer may not change or replace any of the provisions of these Special Terms, unless otherwise mutually agreed in writing.
2.4 General and/or special terms and/or conditions from the Customer are expressly rejected by edpnet and are considered null and void.
3. General provisions
3.1 4G Backup aims to make it possible for the Customer to continue to have access to the internet when the fixed internet connection is down.
3.2 4G Backup is not a Service that is offered separately by edpnet and that can be ordered as such separately.
3.3 4G Backup is a built-in function in certain Hardware that is made available in Managed Services to the Customer by edpnet in the context of certain Agreements.
3.4 In the event that the fixed internet connection is interrupted, the Hardware switches to the built-in mobile connection. As soon as the fixed internet connection is available again, the Hardware will automatically switch back to the fixed internet connection.
3.5 The proper functioning of the 4G Backup function depends on the coverage of Orange's mobile network at the Customer's Installation Address and the location of the placement of the Hardware in the building.
If it appears that the mobile (indoor) coverage is insufficient and as a result that the 4G Backup function of the Hardware does not function (properly), edpnet cannot be obliged to offer another solution with 4G Backup function, nor to provide any other compensation.
3.6 Edpnet cannot offer any guarantee with regard to the speed and bandwidth of the mobile internet connection. This is dependent on several external factors, such as, but not limited to, the attenuation of the electromagnetic waves by the distance, the relief and the obstacles and the environment around the mobile station, the route between the Hardware and the base station of the mobile network, the load on the mobile network (number of active users and applications used), the attenuation inside buildings etc…
3.7 If the Customer has also taken a subscription with edpnet for the use of internet telephony at the Installation address, and the Hardware has switched to the 4G Backup function, the Customer can continue making and receiving calls via the edpnet internet telephony connection.
The proper functioning of edpnet internet telephony via the 4G Backup function cannot be guaranteed by edpnet and depends on the quality of the mobile reception at the Customer's Installation Address and the placement of the Hardware in the building. The Customer cannot demand compensation for the non-functioning of edpnet internet telephony via the 4G Backup function.
3.8 The switchover between the fixed and the mobile network is automatic without manual intervention from the Customer. During the switchover there is an interruption of internet access and telephony.
4. Installation and configuration
4.1 The Hardware is configured by default with the 4G Backup function activated.
4.2 During the installation of the Hardware, the technician will mount the standard mobile broadband antennas onto the provided connections at the back of the Hardware and determine the best position for the mobile broadband antennas via the alignment aid.
5. Defects
5.1 The complete interruption of the fixed internet connection is considered a Defect. Degraded service (= if any bitstream activity is detected) is not considered a Defect.
In the event of a Defect, the Hardware switches to the built-in 4G Backup function.
5.2 Malfunctioning or defect Hardware may result in the built-in 4G Backup function not being activated.
The Customer cannot claim compensation for the failure of the 4G Backup function due to malfunctioning or defect Hardware.
5.3 A malfunctioning or defect SIM card can result in the 4G Backup function not being activated.
The Customer cannot claim compensation for the failure of the 4G Backup function due to a malfunctioning or defect SIM card.
5.4 In the event of a Defect, edpnet helpdesk and the Customer will jointly seek the cause of the defect. If found necessary, an edpnet technician will be sent to the Customer to fix the Defect.
6. Obligations of the Customer
6.1 In order to be able to use the 4G Backup function, Customer must have
- entered into an Agreement with edpnet that implies that Hardware with a built-in 4G Backup function is made available to the Customer;
- a fixed internet connection to which Hardware with a built-in 4G Backup function is connected at an Installation Address located within an area with adequate coverage of the Orange mobile network.
6.2 In the event of loss or theft of the Hardware, the Client must immediately inform edpnet thereof. Edpnet will then disable the 4G Backup function remotely. All costs resulting from the loss or theft of the Hardware are for the account of the Customer, including any data consumption determined by edpnet from the moment that the edpnet monitoring system has registered that the connection with the Hardware was lost.
6.3 Data consumption via the 4G Backup function is subject to the Fair Use Policy as described in article 7.11 of the General Terms and Conditions.
7. improper usage
7.1 The Customer is obliged not to make any improper use of the 4G Backup function, directly or indirectly.
Improper use is any use that deviates from the use for which the 4G Backup function is intended. Improper use is, but not limited to,
- use the SIM card, which is part of the 4G Backup function, in a device other than the Hardware to access the internet via a mobile network;
- physically interrupting the connection of the Hardware to the fixed network to activate the 4G Backup function, regardless of whether the removal was intentional or accidental, by
- in case of internet access via the DSL network, either by removing the DSL connection cable from the DSL connection at the back of the Hardware, or by removing the DSL connection cable from the NTP;
- in case of internet access via the Fiber network, or by removing the UTP cable from the gigabit-WAN port at the back of the Hardware, or by removing the UTP cable from the ONT; - the use of the Hardware with built-in 4G Backup function at a location other than the Installation Address.
7.2 Improper Usage is any data consumption via the 4G Backup function when in a state of improper use.
Edpnet is entitled to invoice any Improper Usage to the Customer at the ongoing rate that edpnet charges for the use of mobile data outside of a data package. That rate is listed in the prevailing edpnet Mobile price list. This price list can be consulted via and is also available on simple request via the edpnet commercial service.
8. Billing
8.1 Because 4G Backup is not a Service that is offered separately by edpnet, but a built-in function in the Hardware that is made available by edpnet to the Customer in Managed Services, edpnet does not charge the Customer a separate fee for the use of the 4G Backup function.
8.2 Except in cases of Improper Usage, data consumption via the 4G Backup function is not invoiced to the Customer.
8.3 The invoicing of Improper Usage is in principle done in the month following the month in which the Improper Usage took place. However, edpnet reserves the right to invoice Improper Usage at a later date.
