Edpnet mobile conditions

1. Definitions

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.
 
Consumer Any person as described in article 2. 3° of the law of April 6th 2010 on market practices and consumer protection.
 
Content The information that is made available to the Customer via the internet (public networks), intranet (corporate networks) or other applications, regardless of the identity of the Content provider.
 
Customer The Consumer, Practitioner of Liberal Profession or Enterprise that is using the Service.
 
Data Service Service offered to the Customer by edpnet or by a Content provider that enables the Customer to gain access via a Mobile Device to the internet (public network), an intranet (corporate networks) or other applications (BlackBerry, WAP, MMS, Text Messaging) via the Network.
 
edpnet edpnet NV, with registered office at 9100 Sint Niklaas, Van Landeghemstraat 20.
 
Enterprise Any person as described in article 2. 1° of the law of April 6th 2010 on market practices and consumer protection.
 
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 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.
 
Option An optional extra service, whether or not in return for payment, which is connected to the Service. Unless otherwise stated, the same rules apply for the Option as for the Service to which they are connected. Where appropriate, specific conditions may apply.
 
Practitioner of Liberal Profession Any person as described in article 2. 2° of the law of April 6th 2010 on market practices and consumer protection.
 
Price List The price list, available on the edpnet website (www.edpnet.be), mentions all the prices of the services provided.
 
Roaming Making a call from or receiving a call in a country other than Belgium.
 
Service The mobile telephony service and the related additional services provided by edpnet. The Service is contractually independent of the Mobile Device that enables calls to be made and received.
 
SIM Card The chip card that is provided by edpnet to a Customer and that requires to be inserted into the Customer’s Mobile Device to be able to utilize the Network.
 
SMS Short text messages of up to 160 characters that the Customer can send and receive using his Mobile Device.
 
Subscription 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.
 
VAS-numbers Value Added Service numbers, numbers such as 070, 090x, ... used for help lines, game lines, downloading ringtones and games, etc …
 

2. General provisions

2.1. These Special Conditions edpnet Mobile, also called Special Mobile Conditions, 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. Following from article 4 and article 30 of the Constitution, only the Dutch and French versions of these Special Mobile Conditions 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. The Customer is not entitled to draw on differences between the English version and the Dutch or French version. In case of a dispute, only the Dutch or French 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.

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 which prove the identity and / or solvency of the Customer.

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 the Subscription Application is not duly completed, or
(ii) the Customer doesn’t fulfill its obligations under another Agreement with edpnet, or
(iii) access to the Service cannot be realized under satisfactory technical conditions, or
(iv) the Customer is included in the files listed in article 3.6, 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 or an advance before acceptance of the Subscription Application and/or during the term of the Agreement.

3.5.1. The Customer can be asked to deposit a financial guarantee in case the credit check prior to acceptance of the Agreement and/or the objective data provided by the Customer indicates that the Customer cannot afford intensive call behavior. The maximum financial guarantee amount that edpnet can ask is € 250 excluding VAT (€ 302,50 VAT included) per Subscription (Application). If the financial guarantee is not paid by the set date, edpnet reserves the right to refuse the Subscription Application or to terminate the Agreement without the Customer being entitled to any form of compensation. No interest will be paid on the sum deposited as financial guarantee. During the term of the Agreement, the Customer cannot ask edpnet to use the financial guarantee for a (partial) payment of bills owed. The financial guarantee will be refunded to the Customer on termination of the Subscription, through debt comparison between the amount of financial guarantee to repay and invoices payable by the Customer.

3.5.2. During the execution of the Agreement edpnet reserves the right to ask for an advance when it appears that the Customer uses the Service in a way that could result in a high billing. The maximum amount that edpnet can ask as an advance is the total sum of the last three (3) invoices for the Service (including all costs related to the Service) prior to the time the advance is requested. This amount can be verified via the edpnet customer service. An advance payment is always deducted from the next invoice to the Customer and does not accrue interest.

4. Roaming and International Calls

4.1. The use of the Service abroad is enabled by default. The Customer may make a request in writing for the blocking of Roaming.

4.2. The list of these countries and the prices charged for Roaming and International Calls are available through the edpnet customer service and on the website (www.edpnet.be).

4.3. Roaming rates and rates for International Calls rates are continually revised in terms of the relevant contracts concluded with foreign operators. As a result, these rates may change whilst the Customer is abroad.

4.4. When using the Service abroad, the calls sent and received from the other country are being invoiced depending on the price set by the operator of the Service concerned. It is possible that the cost of Roaming is being invoiced several months after the date of use of the Roaming Service as edpnet needs to wait for the reception of the necessary information from the other operator(s) concerned.

4.5. Depending on the country where the Customer happens to be, the SIM Card will or will not automatically select a network of a Roaming partner.

4.6. Network coverage and the availability of the Service in foreign countries is entirely dependent on the foreign operator whose Network is used, and, as a result, edpnet can in no way be held responsible in the event of any interruption or unsatisfactory quality of the Service abroad.

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 may not 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 number originally assigned by that other operator), nor may he subsequently demand that it be changed.

5.3. At the end of the Agreement, the Customer finally loses his call number unless he asks to keep his number in accordance with the procedure applying to number portability.

5.4. In any event, edpnet is at all times entitled to change the Customer’s call number for compelling service reasons on condition that the Customer is notified thereof at least two (2) calendar months beforehand. In no event will edpnet be liable to pay compensation to the Customer in this respect.

5.5. In case the Customer has entered into a Subscription without call or SMS credit included, and in case the Customer has not concluded an additional Subscription for a Data Service, and unless agreed otherwise, the Customer agrees that, in case during a period of one (1) Month he has not once actively used his Subscription for an outgoing call or SMS, edpnet is entitled to terminate the Subscription and take back the call number (with the result that the call number will be permanently lost to the Customer).

5.6. By default calls to VAS numbers are blocked. The Customer can submit a request for Activation in a traceable manner (post, fax, e-mail …) to edpnet. Edpnet reserves the right to ask for an advance conform article 3.5.2.

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, 2222 or 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 their personal information (e.g. address change ...) to edpnet, including the date as from which they apply.

6.7. Within seven (7) calendar days after the end of the Agreement, the Customer shall return the SIM Card to edpnet. Edpnet reserves the right to charge the Customer the amount of € 8.26 excluding VAT (€ 10 VAT included) per non-returned SIM Card.

6.8. 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.

6.9. In the case of loss or theft of or damage to the SIM Card, the Customer continues to be liable for use of and payment for the call and other costs until such time as 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. At the Customer’s request and upon payment of the costs thereof (€ 8.26 excluding VAT or € 10 VAT included), edpnet will provide the Customer with a new SIM Card. Edpnet shall within five (5) working days make all reasonable efforts to lift suspension of the Customer’s Subscription once he is in possession of a new SIM Card or if his mislaid SIM Card is recovered. If, for any reason, it is not possible for edpnet to lift suspension of the Customer’s Subscription within the period of five (5) working days, the Customer will not be billed any pro rata temporis Subscription charge for the succeeding period.

7. Mobile Device

7.1. The Customer shall only use the Services via a Mobile Device that meets Belgian and European standards and is suited for the Network and services that the Customer wishes to utilize.

7.2. Even if the Customer’s Mobile Device is suited to the Network, edpnet does not guarantee that all the Mobile Device’s functions can be used. The Customer shall adhere strictly to 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 is unable to gain access to the Network or it is unsuitable for using certain Data Services.

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 in the vicinity of 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 the mobile internet services requires the use of a compatible modem, whether integrated or not, which is designed to accept the data on the micro SIM card which the Customer is provided with by edpnet. To use the Service on certain Mobile Devices, the Customer needs to download connection software via said modem. Before any installation is carried out, the Customer must ensure that his Mobile Device is compatible with said software.

9.2. The Customer hereby acknowledges that the software shall remain the property of the party who holds the intellectual property rights to the software, even if the modem is sold to the Customer. This means that the Customer shall have only a user’s license to the software, which shall be valid throughout the period that the software is protected by intellectual property rights. The Customer shall neither copy the software, except insofar as it relates to a backup copy, nor may he make changes to the software. He shall comply with the specific licensing conditions that will be communicated to him when the software is installed or downloaded. Customers who decide to use this software shall be deemed to have accepted the specific license conditions relating thereto.

9.3. 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.

9.4. The Customer is solely responsible for defining the parameters of his Mobile Device. Edpnet hereby reminds the Customer that the parameters defined by the manufacturers may allow the Mobile Device to connect automatically to the internet.

9.5. Edpnet reserves the right to change or scrap certain interactive services at any time and to offer new ones.

9.6. The Customer may only use the internet access for private purposes. Use for commercial purposes is prohibited. In particular, the Customer shall not allow third parties to access the services offered via the internet access connection unless they pay for it, financially or otherwise.

9.7. 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, junk e-mails, etc.) or by sending messages generating a large number of replies which can disrupt the availability of the servers or the Network. Edpnet reserves the right to block the receipt of e-mails by its servers which are not protected against "open relay", i.e. servers which send e-mails which are not intended for edpnet and, at the same time, which enable massive quantities of unsolicited e-mails to be sent.

9.8. 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.

9.9. 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 having been fully informed 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.

9.10. Given that the Content, products and services are provided by third parties via the internet, the Customer should address any claims relating to the performance of said services or the sale of said Content and products to the third parties who have marketed them.

9.11. Edpnet shall not be liable:

- for the Content, accuracy and/or integrity of the information and data transmitted using the internet access;
- for damages, damage, errors or omissions, interruptions, faults, theft, loss or destruction of data, which can occur while the Customer or a third party accesses the Internet, except in the case of willful deception or serious misconduct on the part of edpnet;
- in case of delayed response times, non-accessibility and/or complete or partial failure of the internet access or the access to services provided via the internet;
- in case changes are made to the service offering on the internet by publishers, producers and Content distributors, or are imposed through legal or regulatory provisions;
- for infringements or fraud committed by the Customer, or any third party, through the intermediary of the internet access.

9.12. Given the secrecy that private correspondence must be entitled to, edpnet does not make any checks on the content or characteristics of the data transmitted or received by the Customer on the Network and/or the internet.

However:
- edpnet reserves the right to process communication data relating to the internet access in accordance with chapter 16 of these Special Mobile Conditions;
- to ensure sound management of the internet access, edpnet reserves the right to delete any messages or prevent any operation performed by the Customer which is likely to disrupt the proper functioning of the Network, the internet, or which does not respect the normal rules of use. The Customer acknowledges having been informed of the fact that if edpnet is alerted by a third party or the judicial authorities, by any means whatsoever, of the unlawful nature of Content transmitted via the Network, edpnet will pass on said Content to the authorities in charge of upholding the law. After receiving a complaint containing sufficient probative elements, edpnet also reserves the right to immediately suspend or interrupt access to the Internet to any Customer who sends or transmits litigious Content. In that case, edpnet does not have to give prior notice or pay any compensation.

9.13. Given that edpnet does not exercise any control over the Content, parents should monitor their underage children's use of the Service when the latter access the internet.

9.14. Edpnet reserves the right to temporarily suspend complete or partial access to the internet in case of force majeure or when carrying out maintenance of the access to, or operation of, these services, without having to give prior notice or pay compensation. Where possible, edpnet will inform the Customer of this suspension a reasonable period of time in advance, by any means deemed appropriate, and will take the necessary steps to make this Service suspension as brief as possible.

9.15. Edpnet engages to use any technical means at its disposal to provide its Customers with access to the Service. However, edpnet does not give any guarantees, express or implicit, on the ability of the Service to meet the Customer’s expectations or needs, or on the flawless or uninterrupted operation of the Service.

10. Best-efforts obligation

10.1. Regarding provision of the Service, edpnet is only under a best-efforts obligation. Edpnet will deploy all reasonable resources to ensure smooth access to and the security, reliability and proper functioning of the Service with as few interruptions 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. If use is made of the internet or similar networks, interference and/or the unavailability of connections with the public internet and/or other telecommunications networks may hinder use of some Services.

11. Liability of edpnet

11.1. Edpnet undertakes to deploy all reasonable resources to prevent any disruption to the Customer and, in the event disruption should occur, to take all reasonable measures to limit the loss sustained by the Customer.

11.2. The Customer understands and accepts that 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:

a. interruptions or quality defects in the Service due to external factors (such as interruptions or quality defects in networks and installations of third parties that are used by edpnet, interruptions or quality defects resulting from obstacles that hinder wireless communication, measures imposed by Belgian or European authorities);
b. interruptions in use attributable to maintenance, improvement and/or expansion works to the Network;
c. incorrect or erroneous use of the Service by the Customer;
d. 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;
e. use by the Customer of a Mobile Device contrary to the manual or the Agreement, or that is not approved under applicable standards;
f. 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, (ii) if the Customer has failed immediately to 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, etc.).

11.3. In no event can edpnet be held liable for indirect or consequential damages sustained by the Customer as a result of the Agreement, such as, but not limited to, loss of profit or turnover, business interruption, loss of or damage to data, etc.

11.4. Edpnet cannot in any event be held liable for:

a. the content of conversations conducted in the context of the Service;
b. transactions entered into by the Customer and a third party and the services provided by third parties or accessible via the Service;
c. the content, integrity or accuracy of the data sent via the Service and the information provided by third parties or accessible via the Service;
d. any breach of the confidentiality of data sent via the Service;
e. damage to or the loss of data sent via the Service.

12. Billing

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 call or SMS credit or included data volume can not transfer the unused call or SMS credit or data volume to the next month.

12.4. The Customer who has a call or SMS credit or data volume included will be billed for additional consumption from the moment that the call or SMS credit or data volume included is consumed.

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. In application of article 112 of the Law of June 13th 2005 edpnet sends to the Customer an SMS alert when the amount of the monthly bill is higher than € 50 including VAT (= € 41.32 excluding VAT) on top of the Subscription fee. The Customer has the right to change this warning limit one (1) time per Month, in which case the new limit will be applied as from the next Month.
When exceeding an amount of € 302,50 including VAT (= € 250 excluding VAT), the Customer will receive a warning message and will be temporarily blocked for outgoing communication untill payment of the amount due.

12.7. Edpnet reserves the right to change its prices at any time. Edpnet will always inform the Customer individually and in writing (e-mail, 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. The rates on the website (www.edpnet.be) take precedence over the written charges, except to the extent that certain rates are part of a specific Agreement.

12.8. In addition to the requisite statutory references, bills include at least the following information:

- the activation charges (if applicable);
- the Subscription fee for the Service / Option;
- additional charges for services with a surcharge;
- the charges for national and international mobile communication;
- the total charge for calls to value-added services and to so-called zonal rate (long-distance rate) numbers;
- the time periods to which the charges and billed calls relate;
- the due date for payment;
- the cancellation terms.

Free calls, including calls to the emergency services, are not listed on the invoice. On simple request, the Customer can obtain a more detailed version of the basic bill he has received free of charge. The Subscription Fee will be invoiced prior to the relevant Month ; communication costs are invoiced after the relevant Month.

13. Duration and termination of the Agreement

13.1. Unless explicitly stated otherwise, the Agreement starts on the date edpnet Activates the SIM card or the Option.

13.2. The Agreement has an initial term of one (1) month. Subject to earlier termination by the Customer, the Agreement will be converted after the last day of the 1st Month into a contract of indefinite duration under the same conditions.

13.3. The Customer may terminate the Agreement at any moment, in writing, and without assigning any reason. The receipt of the request from another operator to transfer the call number from the Customer to the Network of the other operator is considered evidence of the intention to terminate the Agreement.

13.4. Edpnet terminates the Agreement in accordance with all applicable legal provisions, at the time stated on the last received and not protested or paid invoice prior to the date of receipt of the request for termination of the Contract by the Customer.

13.5. In case of a price change to the detriment of the Customer, the Customer retains the right to terminate the Agreement in the manner described in article 13.3. The new rates will not be applied during the period referred to in article 13.4.

13.6. The Customer is entitled to exercise his right under article 14.1 in the manner described in article 13.3.

13.7. Upon the termination of the Agreement edpnet will issue an invoice of all costs due. The Customer may not request the refund of non-consumed call or SMS credit or data volume included in the subscription.

13.8. 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 Special Mobile Conditions or the General Conditions, may be considered by edpnet as shortcommings to justify the suspension or termination.
The Customer remains bound to comply with all his contractual obligations during the suspension of the Agreement.
Termination of the Agreement by edpnet is done in accordance with article 13.4.
The suspension or termination of the Agreement by edpnet happens without the Customer being entitled to any compensation.

14. Amendment of the Agreement

14.1. Pursuant to article 108 §2 of the law of June 13th 2005, 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.

15. Number Portability

15.1. Number Portability means that the Customer can keep his Call Number when switching to another operator. Only the Call Number will be transferred: services or options won’t.

15.2. 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.

15.3. Edpnet will respect all legal provisions on Number Portability and will take all necessary measures to achieve the tranfer as requested by the Customer. Edpnet can not be held liable if the transfer fails or is executed too late as a result of any reason which depends on the previous operator of the Customer or the Customer. Edpnet can not be held liable in case of any false, incorrect or illegible transfer request.

16. Protection of privacy

16.1. Edpnet processes, as responsible for the processing, personal data communicated by the Customer, herein included any personal data of the users of the Service and/or Option. Edpnet processes these data in the context of the execution of the Service and/or Option, the billing of the Service and/or Option, management of the information provided by the Customer, processing of the questions raised by the Customer, fraud prevention, market research, marketing and to propose to the Customer other services, for a period no longer than necessary.

16.2. Edpnet processes, as responsible for the processing, traffic data of the Customer for the purpose of the invoicing of the Service, until the end of the period in which the payment of an invoice can be enforced, in particular the:
(i) identification of the calling line;
(ii) total number of units to be charged for the accounting period;
(iii) identification of the called line;
(iv) type, starting time and duration of the call or the data volume transmitted;
(v) date of service or connection;
(vi) information concerning payments such as advance payments, payments by installments, disconnection and reminders.
Edpnet also processes traffic data, not limited to the above, for the purposes of fraud prevention, market research, marketing, services based on location information and to propose other services to the Customer, and this for the purposes and duration of the market research, marketing campaign or service.

16.3. Edpnet can rely on third parties to obtain information relating to the Customer, either for the purpose of ensuring the accuracy and completeness of the information contained in its databases, either to perform market research, marketing campaigns or direct marketing actions.

16.4. Edpnet can provide the personal and traffic information to the authorized government and the emergency services so that they can respond to the requests that are addressed to them.

16.5. The personal and traffic information of the Customer is kept in the databases of edpnet, which are owned by edpnet.

16.6. Within the applicable legal provisions, the Customer who can prove his identity can obtain the communication or correction of his data processed by edpnet by means of a dated and signed letter to the edpnet customer service. The Client may address himself to the edpnet customer service to oppose to the use of his personal and traffic data for the purpose of direct marketing.

16.7. Edpnet processes the personal data of the Customer who does not fulfill its obligations to edpnet for purposes of fraud and non-payment. Edpnet reserves the right to use third party suppliers of commercial and financial information to determine whether the Customer will be able to meet its financial obligations when signing a Subscription Application and/or Agreement.

16.8. At the signing of the Subscription Application, the Customer does or does not consent to the recording of his personal data in a directory or a directory inquiry service, in the manner prescribed by law.