Edpnet mobile conditions
|Activate(d), Activation||Making a Service or Option operational so that the Customer can use it.|
|Agreement||The agreement between the Customer and edpnet under which edpnet makes the Service available to the Customer, and to which the General Conditions and these Special Mobile Conditions apply.|
|Basic Package||Part of the Subscription that contains a number of call minutes or SMS messages that the Customer can use without additional costs.|
|Content||The information that is made available via the internet (public networks), intranet (corporate networks) or other applications, regardless of the identity of the information provider.|
|Customer, He, Him||The consumer, practitioner of liberal profession or enterprise that is using the Service.|
|Data Package||Part of the Subscription that contains a quantity of data volume that the Customer can use without additional costs.|
|edpnet||EDPNET Belgium bv, with registered office at 9100 Sint-Niklaas, Van Landeghemstraat 20.|
|EU Roaming Zone||In the context of these Mobile Terms, this refers to the countries of the European Union excluding Belgium but including Norway, Liechtenstein and Iceland.|
|Forfait||Volume included in the Basic Package, possibly increased by the volume included in the Data Package.|
|General Conditions||The General Terms and Conditions for Consumers and the General Terms and Conditions for Enterprises and Practitioners of Liberal Professions.|
|International Calls||Calls from Belgium to foreign networks.|
|Mobile Device||Communication device with which the Customer can use the Service.|
|Mobile Network, Network||Network of antennas, used by the Service.|
|Month||Period between a calendar day of a month and the same calendar day of the following month, which is considered being the billing period.|
|Network Operator||The operator with whom edpnet has entered into an agreement to use its Network, directly or indirectly through another operator.|
|Price List||The price list, available via the Service description on the order confirmation, available on the edpnet website (www.edpnet.be), and available through the edpnet customer service, mentions all the prices of the Services provided.|
|Roaming||The use of the SIM card by the Customer on other mobile networks abroad.|
|Service||The mobile telephony service and the related additional services provided by edpnet. The Service is contractually independent from the Mobile Device for making and receiving communications.|
|SIM Card||The chip card that is provided by edpnet to the Customer and which must be inserted into the Customer's Mobile Device in order to use the Service.|
|SMS||Short text message of up to 160 characters that the Customer can send and receive using his Mobile Device.|
|Subscription(s)||All documents relating to the provision of the Service, as well as the request for Activation, the General and Special Conditions, the Price List, and the modification of those documents as they were published on the website of edpnet (www.edpnet.be).
|Subscription Application||The application form completed (online) and (digitally) signed by the Customer under which the Customer requests provision of the Services by way of a Subscription.|
|Third Party Providers||Third parties who deliver Third Party Services directly to the Customer.|
|Third Party Services||Calls or messages to VAS numbers (such as 0900, ...) that offer games, ringtones, chat and other services or products that are purchased via the internet, distributed by Third Party Providers and billed to the Customer by edpnet. These are not services delivered by edpnet: edpnet intervenes here only to obtain payment in the name and on behalf of these Third Party Providers.|
|VAS-numbers||Special numbers starting with 070, 090x, etc ... that are used for help lines, contests, ring tones, download games, etc ...|
2. General provisions
2.1. These Special Terms And Conditions edpnet Mobile, hereafter referred to as Mobile Terms, are an addition to the General Conditions and regulate the legal relationship between the provider, i.e. edpnet, and the Client, as from the Subscription Application. They are part of the Agreement and shall apply to any related legal acts.
2.2. Changes or additions requested by the Customer shall only apply if and insofar as they are confirmed in writing by edpnet.
2.3. General and/or Special Conditions that are used by the Customer are expressly rejected by edpnet.
2.4. According to article 4 and 30 of the Constitution, only the Dutch and French versions of these Mobile Terms have legal value. This English version is the most accurate possible translation of the Dutch and French versions and is published for the convenience of non-Dutch and non-French speakers only. In case of a dispute, only the Dutch version applies.
3. Connection and Activation
3.1. The Customer may access the Service by taking out a Subscription and must submit a Subscription Application theretofore. The Customer is obliged to complete this Subscription Application correctly and completely.
3.2. Activation of the Customer occurs after acceptance of the Subscription Application by edpnet.
3.3. Edpnet may request to each Customer the submission of documents that prove the identity and/or solvency of the Customer.
3.3.1. If the Customer is a natural person, He must submit to edpnet, upon simple request, the official documents that edpnet deems necessary to conclude the Agreement in order to prove his identity, domicile or permanent residence in the European Union;
3.3.2. If the Client is a legal person or a de facto association, upon simple request, he must submit the following documents to edpnet:
- a copy of the officially published articles of association and all published amendments to those articles of association,
- the official documents to prove the identity, domicile or permanent residence of the natural person who is authorized to represent the legal person or de facto association,
- all additional documents that make it possible for the edpnet to verify the financial capacity of the legal person or the actual association.
The Customer must be able to justify a fixed relationship with Belgium in accordance with European regulations.
Such proof may in particular consist of a valid document certifying that Belgium is the place of residence, the postal or billing address of the Customer, the place of incorporation or establishment of the company, the place of actual exercise of its main economic activity.
Edpnet can request these documents at any time, both before and during the term of the Agreement, or following the termination of the Agreement.
The Customer undertakes to inform edpnet immediately in writing of any change in the information provided when submitting the Subscription Application. Among other things, the following must be stated:
- any address change;
- any change in the registered office, the legal form, the corporate purpose or the name of the company;
- any change in connection with financial information (in connection with bank account, direct debit, credit card number, expiry date, etc.).
No modification and / or retroactive invoicing can be made following a late notification of a modification on the part of the Customer.
The Customer is solely responsible for the accuracy and completeness of the information provided by Him.
3.4. Edpnet reserves the right to regard a Subscription Application or a request for Activation of an Option as invalid if, among others,
(i) one or more of the specified data to identify the Customer does not prove to be correct, or
(ii) the Subscription Application is not duly completed, or
(iii) the Customer hasn’t fulfilled its obligations under another Agreement with edpnet, or
(iv) access to the Service cannot be realized under satisfactory technical conditions, or
(v) there is evidence of serious indications of non-payment and/or fraud by the Customer or a use of the / a edpnet Service incompatible with the Agreement, legal or regulatory requirements and / or public order or morality, or
(vi) the Customer disrupts or threatens the proper functioning of the Network or harms the integrity of it.
3.5. Edpnet reserves the right to ask the Customer for the payment of a financial guarantee before acceptance of the Subscription Application and/or during the term of the Agreement.
3.5.1.A financial guarantee may be requested if the credit check prior to the acceptance of the Subscription Application and / or the objective data provided by the Customer shows that the Customer cannot afford intensive use of the Service. The maximum amount that edpnet can request as a financial guarantee is € 300,00 per Subscription (Application).
3.5.2. Edpnet can request a financial guarantee after a non-payment, partial payment or late payment, if the amount of the charged consumption on top of or outside the Forfait justifies it, if the information from the file is incomplete, or if the check of the file justifies it. The maximum amount that edpnet can request as a financial guarantee is € 300,00 per SIM Card.
If the financial guarantee has not been paid on the specified date, edpnet reserves the right to refuse the Subscription Application or terminate the Agreement without the Customer being entitled to any form of compensation.
The amount paid as a financial guarantee bears no interest.
The financial guarantee cannot be used by the Customer during the term of the Agreement for a (partial) payment of invoices due.
The financial guarantee is refunded to the Customer upon termination of the Agreement, by means of a debt comparison between the amount of the financial guarantee to be repaid on the one hand and the invoices owed by the Customer on the other.
3.6. During the performance of the Agreement, edpnet may request an advance payment if it appears that the Customer uses or wishes to use the Service in a manner that could result in high invoicing, such as, for example, but not limited to, the request to activate the possibility of calling VAS Numbers. The amount that edpnet can request as an advance is the amount of the last three (3) invoices for the Service (including all costs related to the Service such as, but not limited to, charged consumption on top of or outside the Forfait) prior to the moment that the advance is requested from the Client, with a minimum of € 50.00 including VAT. This amount of the last three (3) invoices can be verified via the edpnet customer service.
An advance paid is always settled with the next invoices to the Customer and does not yield any interest.
4. Roaming and International Calls
4.1. Roaming is activated by default in the EU Roaming Zone. The Customer can submit a written request for Roaming blocking. Edpnet does not charge a fee for the blocking.
Roaming outside the EU Roaming Zone as well as International Calls are blocked by default. The Customer can submit a written request for Activation thereof. Edpnet does not charge any activation fee. Edpnet reserves the right to request an advance from the Customer in accordance with Article 3.6. Edpnet also reserves the right to refuse a request for Activation without the Customer being entitled to any form of compensation.
4.2. The list of countries where Roaming is possible as well as the rates are published on the edpnet website (www.edpnet.be) and can be adjusted depending on the agreements between the Network Operator and the foreign operators.
4.2.1. In the case of Roaming within the EU Roaming Zone, consumption is included in the Forfait, insofar as the Forfait has not been exceeded, and consumption remains within the limits of a non-unlawful use as described under article 4.5. For consumption outside the Forfait within the EU Roaming Zone, the national rate applies.
4.2.2. In the case of Roaming outside the EU Roaming Zone, consumption is not included in the Forfait and the specific Roaming rate that applies for the country is applied. It is possible that the costs for Roaming are billed several months after the date of use of the Roaming service, since edpnet has to wait for the information from the other operator(s) involved.
4.2.3. Communication in Roaming from and to VAS Numbers and short numbers within the EU Roaming Zone is not included in the Forfait and is invoiced taking into account the costs determined by the Third Party Providers and relevant operators of that country. The communication can also be charged even if the VAS Number is free for calls from national call numbers belonging to the country.
4.2.4. Calls and data connections made in maritime zones (for example from a ship during a cruise) use satellite networks that belong to a special geographical zone and always take place outside the EU Roaming Zone. The Roaming costs related to these connections are invoiced to the Customer.
4.3. Depending on the country where the Customer resides, the SIM Card will automatically select a Network from a Roaming partner or not. The Customer can nevertheless manually select a Network on which he wishes to make and receive his calls on condition that the Network Operator has entered into a Roaming agreement with that other Roaming provider. The Customer can use this option free of charge at any time.
4.4. The network coverage and the availability of the Service abroad are entirely dependent on the foreign operator whose Network is used. Edpnet can therefore in no way be held responsible in the event of a malfunction or inadequate quality of the Service abroad.
4.5. The Customer undertakes to use the Roaming Services in a reasonable manner and not unlawfully in accordance with European regulations. Are considered as illegal or abnormal use by European regulations:
1. long inactivity of a SIM Card, combined with a very frequent if not exclusive use of Roaming within the EU Roaming Zone
2. a higher consumption in Roaming within the EU Roaming Zone than the domestic consumption, combined with a number of days without connection in Belgium that is higher than the number of days on which the Customer connects within the EU Roaming Zone,
3. purchase and subsequent use of different SIM Cards by the same Customer in case of Roaming within the EU Roaming Zone.
Edpnet reserves the right to observe for four (4) months whether those elements are justified.
In the event of a proven unlawful or abnormal use, the Customer will be informed by all suitable means (SMS, e-mail, letter, telephone, etc.) and will have fifteen (15) calendar days from that moment to adjust his use. If the Customer does not change his use within the stipulated period, edpnet will charge Him extra for the whole of his use, in accordance with European regulations and the applicable rates.
Is also a case of unlawful use of the Roaming Service: the organized resale of SIM Cards to persons who do not actually live in Belgium, or who do not have a lasting relationship with Belgium. In such a case, edpnet can immediately take adequate measures to guarantee compliance with all terms and conditions of the Agreement, without, however, prejudice to the right to claim compensation.
5. Call Number
5.1. No later than the moment of Activation, one (1) call number per connection is assigned to the Customer.
5.2. The Customer is not entitled to demand a particular call number, except where the Customer transfers his number to edpnet from another mobile telephony operator, in which case he may keep the call number originally assigned by that other operator.
5.3. At the end of the Agreement, the Customer loses his number definitively, unless he switches to another operator and asks him to keep his number in accordance with the legal procedure that applies to number portability.
5.4. In the case where the Customer has entered into a Subscription without call or SMS volume included, and if the Customer has not subscribed to an additional Subscription for a Data Package, and unless otherwise agreed in advance, the Customer agrees that if He does not use his Subscription one (1) time actively for an outgoing call or SMS for a period of one (1) month, edpnet is entitled to terminate the Agreement and retrieve the call number at any time (so that it will be permanently lost for the Customer).
5.5. Calls to and SMS messages from and to VAS Numbers are blocked by default. The Customer can submit a request for Activation in writing to edpnet. For this Activation, edpnet is entitled to request a financial guarantee in accordance with article 3.6. Costs as a result of communication to VAS numbers are not included in the Forfait and are charged separately.
6. SIM Card and PIN code
6.1. Edpnet undertakes to Activate the SIM card as soon as possible.
6.2. Edpnet provides the Customer with a SIM Card. Every SIM Card has a PIN code (Personal Identification Number) and a PUK code (Personal Unblocking Key). The Customer is informed of these codes upon receiving his SIM Card.
6.3. To prevent misuse, the Customer shall immediately upon receiving his SIM Card change the standard PIN code into a personal secret PIN code. The Customer is responsible for keeping this code strictly confidential and shall therefore ensure that he does not select a code that is too simple (such as 1111, 1234, …).
6.4. Edpnet is and remains the sole proprietor of the SIM Card provided to the Customer. The Customer may not resell, dispose of, lend, damage or destroy the SIM Card. If the Customer wishes to allow third parties to use the SIM Card, he shall first give notice of the details of all users to edpnet.
6.5. The Customer shall in any event be solely liable to edpnet for performance of his obligations under the Agreement.
6.6. The Customer undertakes to report in writing any changes to his personal information (e.g. address change ...) to edpnet, including the date as from which they apply.
6.7. The Customer must make responsible, reasonable use of the SIM Card. Any attempt to copy the technical identification data on the SIM Card and any fraudulent use of the SIM Card is prohibited and shall result in withdrawal of the call number linked to the SIM Card, without prejudice to other measures that edpnet might take against the Customer.
6.8. The Simcard may not be used for a connection without human intervention or between an industrial modem and a server (M2M communication)
6.9. In the case of loss, theft of, or damage to the SIM Card, the Customer continues to be liable for use of and payment for communications and other costs until the Customer has requested edpnet by telephone to suspend the Service. Upon making this request, the Customer must be able to identify himself as the rightful holder of the SIM Card. This request must be confirmed by the Customer in writing within eight (8) calendar days of the telephone notification. If requested by edpnet, the Customer must disclose the reference number under which the loss or theft has been reported to the police. During the period of suspension, any Subscription charges shall continue to be due.
The Customer receives a new SIM Card and the Service is reactivated.
6.10. The Customer is solely responsible for the correct insertion of the SIM Card in his Mobile Device. In case of blockage of or damage to the SIM Card due to improper handling by the Customer, a new SIM Card will be provided after written request from the Customer. In this case, edpnet is entitled to charge the Customer a replacement fee of € 10,00 VAT included.
In the event of a defective SIM Card (manufacturing defect or improper configuration of the SIM Card), a new SIM Card will be allocated free of charge to the Customer.
7. Mobile Device
7.1. The Customer undertakes to use the Service only through a Mobile Device that complies with Belgian and European standards and is adapted to the Network and the Service that the Customer wishes to use.
7.2. Even if the Mobile Device is adapted to the Network, edpnet does not guarantee that all the functions of the Customer's Mobile Device can be used on it. The Customer will scrupulously respect the instructions for use of his Mobile Device. The Customer shall himself be responsible for replacing his Mobile Device if, for technical reasons inherent in the appliance (for instance because it is too old), he cannot have access to the Network or that the device is not suitable for use of the Service.
7.3. Use of any other appliance, including the use of SIM boxes or GSM gateways, is prohibited unless edpnet gives its express, written permission and the IMEI number of the relevant appliance or the relevant SIM box is registered by edpnet. The Customer agrees that calls from or to forbidden appliances may be automatically jammed without advance warning and that such use entitles edpnet to immediately suspend and / or terminate the Service without any advance warning.
7.4. Edpnet points out that, despite the excellent quality of the Network, it is not possible for it to guarantee perfect coverage over all of Belgium in all circumstances.
7.5. The Customer acknowledges that he is aware of the risks associated with the use of a Mobile Device (especially when driving a vehicle, when filling vehicles with fuel and near flammable materials and / or explosives), and of the disturbance that use can cause to medical apparatus and in aircraft.
8. Sending text or voice messages
8.1. The Customer is prohibited from sending text messages or voice messages via the Network to groups of more than twenty (20), whether or not they are pre-identified users of a Mobile Device.
8.2. Unless the recipient has given his express consent, the Customer is prohibited from sending third parties text messages or voice messages containing any commercial Content via the Network.
9. Mobile internet access
9.1. Access to mobile internet requires the use of a Mobile Device that supports mobile internet access, an edpnet SIM card, a Subscription for a Data Package and a specific mobile application (or simply App). The use of an App on some mobile devices may require prior download via that Mobile Device. Before each installation, the Customer must ensure the compatibility of his Mobile Device with a specific App. The Client acknowledges that the App remains the property of the holder of the intellectual property rights attached to it. The Customer who decides to use an App is assumed to have accepted the specific license terms that apply to it. Edpnet can in no way be held responsible for any violations of the license terms of the App by the Customer.
9.2. The Customer may, at any time, sign up for and / or subscribe to the services made available to him via an internet access connection. The Customer using the Service to access the internet hereby also declares that he has knowledge of how the services function, of the internet and of the rules governing internet use, and that he accepts them. Access to the products and services offered via an internet access connection can depend on the technical functions of the Mobile Device.
9.3. The Customer is solely responsible for determining the settings of his Mobile Device. Edpnet draws the attention of the Customer to the fact that the parameters determined by the manufacturers can result in the Mobile Device automatically making connection(s) to the internet and, whether or not in Roaming, download data outside of His control and knowledge. The Customer can reduce the risk of making these automatic internet connections by switching off the Roaming function, the mobile data function, the 4G function and the Wifi function on his Mobile Device as well as by closing active internet sessions and Apps. The Client can find practical information on this subject in the operating instructions for the relevant Mobile Device. In the event of problems with the implementation of the instructions in the user manual, the Customer must contact the seller / producer of the Mobile Device, and not edpnet.
In addition, the Customer can contact edpnet to ensure that Roaming outside the EU Roaming Zone is activated and, if necessary, to have it blocked. Edpnet does not charge a fee for this blocking. To reactivate Roaming outside the EU Roaming Zone, the Customer must contact edpnet in writing as described in Article 4.1.
9.4. The Customer shall not make abusive, fraudulent or excessive use of the internet access, notably by deliberately or involuntarily congesting edpnet's mail servers and/or the data recipient servers (through spamming, junkmails, etc.) or by sending messages generating a large number of replies which can disrupt the Network.
9.5. Data likely to be protected by intellectual property rights or in breach of the legal provisions in force may be accessible via an internet connection. Subject to the express approval of edpnet or a third party, the Customer shall not store, copy, download or send any data that is prohibited, illicit, illegal, contrary to public decency or public order, or which infringes or is likely to infringe the rights of third parties, notably intellectual property rights.
9.6. When connected to the internet, the Customer is responsible for taking all appropriate measures to protect his own data and / or software, notably against contamination by any viruses circulating on the internet or against the intrusion by a third party into the system of his Mobile Device. The Customer also acknowledges being fully aware of the internet's lack of reliability, particularly in terms of lack of security relating to data transmission and non-guarantee of performance as regards data volume and transmission speed. The Customer acknowledges having been informed of the fact that the integrity, authentication and confidentiality of information, files and data of any kind which he wishes to exchange over the internet cannot be guaranteed on this network. The Customer therefore assumes full responsibility for any breach of confidentiality of the data transmitted via the internet access.
9.7. Edpnet does not exercise any control over the content or properties of the data sent or received by the Customer via the Network and / or the internet.
9.8. Since edpnet does not exercise any control over the content, it requests that parents / guardians monitor the use that their minor children make of the internet access via the Service.
9.9. The Customer acknowledges that he is aware that, if edpnet is notified in any way by third parties or by the judicial authorities of any unlawful Content transmitted or downloaded by the Client via the Network, it will disclose the Content in question to the competent authorities responsible for law enforcement. In addition, edpnet reserves the right, after having processed a complaint containing sufficient evidence, to suspend or immediately interrupt access to the internet for a Customer who distributes or transmits objectionable content without notice or compensation.
10. Obligations of means
10.1. Edpnet is bound by an obligation of means as to the provision of the Service. Edpnet will use all reasonable means to ensure that access to, safety, reliability and proper functioning of the Service proceeds as smoothly as possible.
10.2. Edpnet does not guarantee continual, uninterrupted use of the Service or certainty that all data sent and received by means of suitable equipment can be delivered uninterruptedly, in the correct form and within a certain time span.
10.3. When using the internet or comparable networks, it is possible that disruptions and / or the lack of availability of connections to the public internet or other telecommunication networks impede the use of the Service
11. Liability of edpnet
11.1. Edpnet undertakes to use all reasonable means to prevent any disruption to the Customer and, in the event of disruptions, to take all reasonable measures to limit the duration of the disruptions.
11.2. Edpnet cannot in any event be held liable
- for the content, accuracy and / or integrity of the information and data transmitted through the Service;
- for damage, damage, errors or omissions, interruptions, defects, theft, loss and destruction of data that may occur while the Client or a third party accesses the Service, except in case of fraud or serious error due to edpnet;
- in case of long response time, inaccessibility and / or interruption of all or part of the internet access or access to the services offered via the internet;
- in the event of changes to the range of services on the internet that are implemented by publishers, creators and distributors of content, or that are imposed by legal or regulatory provisions;
- for violations and fraud committed by the Customer or by third parties via the Service.
11.3. Edpnet cannot be held liable for loss that the Customer suffers as a result of (partially) external factors and / or acts by the Customer himself, including but not limited to:
- disruptions or defects in the quality of the Service caused by external factors (such as for example: malfunction or quality defects in the networks and installations of third parties that are used by edpnet, malfunction or quality defects due to obstacles hindering wireless communication, measures imposed by the Belgian or European authorities etc.);
- the use disorder attributable to the maintenance, improvement and / or extension of the Network;
- incorrect or erroneous use of the Service by the Customer;
- malfunctioning of the Mobile Device of the Customer. In the event of a malfunction or configuration problems in connection with his equipment, the Customer must exclusively seek assistance from the seller or manufacturer of the equipment, and not edpnet;
- use by the Customer of a Mobile Device contrary to the manual or the Agreement, or that is not approved under applicable standards;
- use or misuse of the Customer’s PIN code or password
(i) further to voluntary or involuntary disclosure of that code or password to a third party, or
(ii) if the Customer has failed to immediately change the standard PIN code to a personal PIN code, or
(iii) if the Customer changed the standard PIN code to a simple personal PIN code (e.g. 1234, 5555, …)
- the intervention of third parties, despite the security measures taken by edpnet and the Network Operator;
- the suspension or termination of the Service, in accordance with the General Conditions, even if third parties were directly or indirectly to be affected by the suspension or termination;
- changes as a result of regulations from the BIPT or other regulatory authorities;
- cases of force majeure.
11.4. Edpnet can not be held responsible for the services requested by the Customer and offered by third parties, such as Third Party Providers, which are accessible through the Service and paid through edpnet invoices.
Edpnet can therefore not be held liable for
- Third Party Services, for their content, for their legality, for their proper execution or their invoicing, even if edpnet would benefit from it or would be responsible for invoicing these services on behalf of third parties,
- the use of Third Party Services by the Customer,
- transactions between a third party and the Customer.
Edpnet is, unless explicitly accepted otherwise by edpnet, by no means a party to a contract concluded between a third party and the Customer. In the event of a dispute by the Customer with regard to Third Party Services, the Customer must contact the relevant Third Party Provider directly.
11.5. Edpnet can under no circumstances be held liable for immaterial damage or consequential damage such as loss of profit or loss of revenue, customer loss, data loss or loss of contracts. Without prejudice to the mandatory legal provisions, the liability of edpnet is in any case limited to an amount that is the equivalent of three (3) months of the monthly cost for the Service.
12.1. The rates are determined in the Price List. The Price List is published on the edpnet website (www.edpnet.be). All rates are mentioned both VAT excluded and included, unless specifically mentioned otherwise.
12.2. The fee for the Subscription is owed as from the date on which the Service is Activated. The invoicing is monthly and in advance.
12.3. The Customer who has a Subscription with included Forfait cannot transfer unused Forfait to the following month.
12.4. The Customer who has a Subscription with included Forfait will be invoiced for additional consumption from the moment that the included Fixed Charge is used up.
12.5. The billing of consumption costs due takes place in the Month following the Month in which the consumption has taken place. Edpnet reserves the right to invoice any costs due at a later moment.
12.6. To protect the Customer as much as possible against unexpectedly high invoices, edpnet will send a warning message to the Customer as soon as
- the Forfait is reached;
- the Forfait is exceeded with a limit of € 50,00 including VAT;
- the limit of 100 MB is reached before exceeding the included volume of the Data Package;
- the limit of € 48,40 VAT included in data Roaming consumption outside or not included in the Data package is reached.
Edpnet is unable to monitor consumption in real time. Edpnet will send the warning message as soon as possible after it has been able to ascertain that the monthly Forfait or the limit has been exceeded. Even if the Customer immediately stops using the Service after receiving the warning message, it is still possible that the Customer will be billed an amount that may be higher than monthly Forfait or the limit. The Client cannot contest this bill because he is solely responsible for the use of the Service.
To effectively protect against an excessive invoice amount, in the event that the Customer has chosen to continue to use the Service after having received a warning message, edpnet will proceed to temporarily interrupting
- the Service, as soon as the Forfait is exceeded with a limit of € 100,00 including VAT;
- data Roaming, when the limit of € 60,50 VAT included in data Roaming consumption outside or not included in the Data package is reached.
Because edpnet is unable to monitor consumption in real time, edpnet will implement the temporary interruption of the Service as soon as possible after it has been able to ascertain that the fixed sum or the limit has been exceeded by a certain amount. Despite the fact that edpnet will do everything possible (= Best Effort) to avoid it, it is not excluded that an amount will be invoiced to the Customer that may be higher than one of the above amounts. The Customer cannot contest this bill because he is solely responsible for the use of the Service.
Edpnet will send the Customer a notification message about this. After receiving payment of the amount due, edpnet will reactivate the Service. Edpnet reserves the right to charge an amount of € 30.00 including VAT for reactivation costs.
12.7. Edpnet reserves the right to change its prices at any time. Edpnet will always inform the Customer individually and in writing (email, letter ...) of these changes, whether the price changes to the advantage or disadvantage of the Customer.
At all times will edpnet publish the prevailing rates on its website (www.edpnet.be) and make them available for download. On request, the Customer can obtain the previous Price List via the edpnet customer service.
12.8. Free calls, including calls to the emergency services, are not listed on the invoice.
12.9. On simple request, the Customer can obtain a more detailed version of the basic bill he has received free of charge.
13. Fair use of the Service and unlimited usage
13.1. There are no preset caps placed on unlimited usage.
13.2. Only on rare occasions edpnet will intervene and ensure that customers are utilizing the Service without violating the fair usage definition outlined in article 13.3. Edpnet wants to protect the 99% of its customers that utilize the Service in a way that is not excessive nor violates this fair use policy. On the rare occasion that a customer far exceeds the average usage of 99% of our customers, edpnet, at its discretion, may notify the Customer that He is using the Service in an excessive way, may prompt an investigation to ensure policy violations are not occurring, or have the access to he Service temporarily reduced or suspended until it ascertains whether the Customer is using the Service properly. This is intended to maximize the quality of service for all edpnet customers.
13.3. Fair use means intended for individual customer use only. These plans are for individual use by an edpnet Customer and are not for commercial use (in particular for call center or SIM box purposes, and / or making it available to third parties, for example by means of hot spotting), resale, use by groups of individuals, unfair use or, more generally, a use that is not in accordance with the use that can be expected from a Customer who concludes a mobile telephony Agreement (such as, for example, the use of the GSM as a baby monitor, or making a large number of voice calls and/or simultaneously sending SMS messages, or when the Customer regularly calls continuously for long periods of time and / or regularly resumes conversations immediately after their interruption...). In such event edpnet reserves the right to suspend and / or terminate the Agreement and / or to take other measures deemed useful or necessary, to ensure that its other customers are not affected and to equally ensure the relevant customer’s quality of service.
14. Suspension of the Agreement
14.1. In the event of total or partial non-payment of an invoice amount on the due date, edpnet is entitled to interrupt the service as described in Article 4.7 of the General Conditions.
In this case, the Customer may only receive calls or other incoming national data transfers (with the exception of calls and data transfers paid by the recipient) and not make outgoing calls or send data, except calls to emergency services.
14.2. In the event of an abnormally excessive increase in the amount of the Customer's consumption, and if possible in comparison with the average usage of the previous three (3) months, edpnet reserves the right to suspend access to the Service, as a precautionary measure, after notifying the Customer (as far as possible).
14.3. In the event of suspension in accordance with articles 13.3, 14.1, 14.2 and 15.7 edpnet will not charge the Customer suspension costs. However, Edpnet reserves the right to charge an amount of € 30.00 including VAT for reactivation costs. The Customer remains obliged to respect all obligations imposed on Him by the Agreement. The Customer is not entitled to any compensation.
15. Duration and termination of the Agreement
15.1. Unless otherwise agreed, the Agreement exists from the moment there is a concurrence of wills between the Customer and edpnet. The Agreement comes into force on the date of Activation of the SIM Card by edpnet (= Effective Date). The Customer receives a written confirmation of the Activation.
15.2. The Agreement is concluded for one (1) SIM Card.
15.3. The Agreement has an initial term of one (1) Month from the Effective Date. Unless the Customer terminates before the expiry of the 1st Month, the Agreement will be converted into an Agreement of indefinite duration under the same conditions.
15.4. The Agreement may be terminated by any written means and without justification. The Customer may choose when the Agreement is to be terminated. In the event of a transfer of the number, the Agreement is terminated when the Customer's number is actually transferred.
15.5. In the case of a price change to the detriment of the Customer, the Customer has the right to terminate the Agreement in a traceable way (eg by post, email, ...) no later than the last day of the month following the receipt of the first invoice after the entry into force of the tariff changes.
15.6. Upon termination of the Agreement, edpnet will make a final settlement of the consumption costs still due. The Customer cannot request to be reimbursed pro rata for volume included in the canceled Subscription but not used.
15.7. Edpnet has the right to suspend or terminate with immediate effect the execution of the Agreement in the event of shortcomings by the Customer. The non-respect of the Customer of any obligations resulting from the Agreement, the provisions of the Mobile Terms or the General Conditions, may be considered by edpnet as shortcommings to justify the suspension or termination of the Agreement. Edpnet can also do this in case of evidence or serious indications of fraud. The Customer is not entitled to any compensation.
15.8. Edpnet may also immediately terminate the Agreement by registered letter to the Customer, without prior notice or compensation, if it finds that the Customer has provided edpnet with erroneous, forged or incomplete essential information (as evidenced by the Subscription Application) when submitting the Subscription Application or if the Client has failed to communicate important changes with regard to the information provided or if the Client uses the Service for purposes that are contrary to public policy, public morality or a legal or regulatory provision. The Client is not entitled to any compensation.
15.9. Edpnet grants itself the right to terminate ipso jure and immediately the Agreement in the event of bankruptcy, legal settlement, request for deferment of payment, liquidation or dissolution of the Customer's company, without termination compensation or damages.
16. Amendment of the agreement
16.1. The Customer has the right terminate the Agreement upon notification of changes to the Agreement, without being due any damages. The Customer is notified individually and at least one (1) calendar month prior to the application of such changes. The Customer will be informed of his right to terminate the Agreement without being due any damages at the latest the last day of the Month following the date of application of the changes, in case He were not to accept the proposed changes.
16.2. If the Customer wishes to change from Basic Package or Data Package, or if the Customer who only has a Basic Package wishes to order an additional Data Package, He must submit a Subscription Application for this to edpnet. The provisions under "Connection and Activation" apply. The Customer can use the new Basic Package or Data Package from the following Month.
17. Number portability
17.1. Number Portability means that the Customer can keep his call number when switching to another operator. Only the call number will be transferred, the Agreement will not.
17.2. The Customer who wishes to transfer his call number to another operator must ask the new operator to take the necessary measures to transfer the call number. This operator will terminate the Agreement with the previous operator by means of a power of attorney that he receives from the Customer.
17.3. The transfer of the call number to edpnet in no way relieves the Customer from the obligation to respect his contractual obligations with its previous operator. The transfer of the call number to another operator in no way relieves the Customer from the obligation to fulfill his contractual obligations with edpnet.
In the event of non-compliance, the Customer runs the risk of having to pay compensation to his old operator. The Customer is the only one responsible in this regard.
17.4. Edpnet will respect all legal provisions on Number Portability.
18. Number portability
18.2. The Customer can register free of charge in the "Do Not Call Me" list via https://www.dncm.be/ to oppose the use of the call number assigned to him for reasons of direct marketing. The Customer can receive calls for direct marketing up to one month after registration at the latest.