General consumer conditions
2. Description of services
3. Conclusion of the agreement
4. Settlement of the invoice(s)
5. Payment and activation conditions for internet subscriptions
6. Internet access
7. Responibilities and liabilities of the customer/subscriber
8. Obligations and liabilities of edpnet
9. Entry into force and termination of the agreement
10. Other conditions
14. Quotations and conclusion of the agreement
15. Delivery – acceptance of risk – force majeure
16. Goods on loan / Right of use
17. Invoicing and payments
edpnet is a trademark of edpnet Belgium BV, with registered office at Van Landeghemstraat 20, 9100 Sint-Niklaas, and company number 0799.091.641, hereinafter edpnet.
1.1. These General Terms and Conditions for Consumers, hereinafter referred to as General Terms and Conditions, regulate the legal relationship between the service provider, i.e. edpnet, and the consumer, hereinafter called customer/subscriber, as defined by Art. I.1, 2° of the Code of Economic Law, from his request for an internet product or service. They are part of the agreement and are applicable to all related legal acts.
1.2. Changes or additions requested by the customer/subscriber apply only if they were confirmed in writing by edpnet.
2. Description of services
2.1. edpnet offers the customer/subscriber the possibility to receive, against payment of the prices established by edpnet, a wide range of internet services.
2.2. The technical specifications of the above-mentioned services, as well as the particular conditions related to the use thereof, are described online on the website www.edpnet.net and in the manual or in the documents that are at the disposal of the customer/subscriber and which constitute an integrated part of the agreement.
2.3. Internet subscriptions do not have guaranteed speeds. In In relation to internet subscriptions, communicated maximum download and upload speeds are merely informative and have no legal value. The customer/subscriber acknowledges that the individual actual speeds that will eventually be achieved are determined by several external factors, such as the nature of the internet connection, the physical quality and the distance between the connection on the location of the customer/subscriber and the central, the internal network of the customer/subscriber (the computer system, internal cabling ...) and any other factors not attributable to edpnet.
3. Conclusion of the agreement
3.1. The customer/subscriber cannot derive any rights from obvious errors in a quotation. Unless otherwise agreed in writing, a quotation is valid for thirty (30) calendar days. If the customer/subscriber approves the quotation outside the validity period, edpnet has the right to inform the customer/subscriber that it does not wish to conclude an agreement.
3.2. The agreement is concluded at the moment that a quotation accepted in writing by the customer/subscriber, or an order placed by the customer/subscriber via the online order tool, is approved by edpnet. The minimum duration of the agreement is stated on the order confirmation that is sent to the e-mail address provided by the customer/subscriber during the order process. The customer/subscriber will provide edpnet with all information it deems necessary to conclude the agreement, in particular the e-mail address of the customer/subscriber that will be used in the context of the contractual relationship with edpnet. The customer/subscriber is solely responsible for the correctness of the information he provides to edpnet.
3.3. edpnet reserves the right not to enter into an agreement, without being liable for any compensation, for one (1) of the following reasons:
- the infrastructure of the customer/subscriber or the Proximus network does not support or supports with difficulty the provisioning of the internet service, for technical or other reasons;
- the equipment of the customer/subscriber may disrupt the network;
- the customer/subscriber or his authorized representative does not provide a legitimate document with which edpnet can identify him;
- the customer/subscriber does not fulfill his obligations to which he is bound under another agreement with edpnet;
- in the event of serious indications of fraud, doubt as to the creditworthiness or non-payment of products or services, which may, for example, be evidenced by a history of non-payment;
- the customer/subscriber refuses to make the prepayment requested by edpnet;
- the customer/subscriber has provided incorrect data during the order process.
3.4. The customer/subscriber acknowledges that edpnet informed him in detail during the negotiations and that everything was clearly explained to him regarding the possibilities and limitations of the ordered internet service(s).
3.5. The indicated price is fixed and unchangeable.
3.6. Additional work is proven either by a written agreement or by execution by edpnet. If edpnet or a subcontractor that works on behalf of edpnet, at the request or with the consent of the customer/subscriber, has performed activities, other performances or deliveries that fall outside the content or scope of what has been agreed, these activities, performances or deliveries will be reimbursed by the customer/subscriber to edpnet according to the usual rates of edpnet or shall pay the fixed price in case a fixed price has been agreed. However, edpnet is not obliged to comply with such a request and may require that a separate written agreement be concluded for this purpose.
3.7. For online orders , the customer/subscriber has the right to withdraw from the agreement within a period of fourteen (14) calendar days, without giving reasons. The renunciation period expires fourteen (14) calendar days after the day of the conclusion of the agreement . In order to exercise the right of renunciation, the customer/subscriber must notify edpnet of the decision to revoke the agreemen by means of an unambiguous written statement. The customer/subscriber can use the model renunciation form, available on the special renunciation right webpage on www.edpnet.be, but is not obliged to do so. The customer/subscriber can also send edpnet a normal written communication regarding the exercise of his renunciation right before the renunciation period has expired:
- via ticket in the my edpnet customer zone;
- by mail : edpnet, Van Landeghemstraat 20, B-9100 Sint-Niklaas;
- by e-mail : info[at]edpnet.com;
If the customer/subscriber validly revokes the agreement , edpnet will refund all payments received without undue delay and in any event not later than fourteen (14) calendar days from the day edpnet is informed of the decision to withdraw from the agreement . edpnet will refund using the same payment method that the customer/subscriber has used for the initial transaction, unless the customer/subscriber expressly agrees to a different way. In any event, this refund will not incur any fees for the customer/subscriber. The burden of proof with regard to the exercise of the right of withdrawal lies with the customer/subscriber.
4. Settlement of the invoice(s)
4.1. All invoices are to be paid net at the time stated on the invoice.
4.2. One-off and periodic charges that the customer/subscriber must pay are set out upon the conclusion of the agreement.
4.3. All prices and rates are quoted in Euros (€) and, unless otherwise specified, include sales tax (VAT) and other taxes which are imposed by the government.
4.4. Unless otherwise specified in writing, the internet services require payment of a setup/activation cost, followed by periodic billing of the monthly subscription fee for the provision of the internet service.
4.5. The customer/subscriber with a DSL subscription with limited traffic per month will, if the traffic included in the subscription is exceeded, be invoiced for the additional usage per gigabyte (GB) started. The price per GB is stated on the order confirmation as well as on the myedpnet page of the customer/subscriber.
4.6. The settlement of the invoice takes place in principle and subject to more specific written provisions monthly and in advance, whereby the customer/subscriber receives an invoice by e-mail or via his my edpnet page.
4.7. If the customer/subscriber does not pay the invoice on time, edpnet is entitled to remind the customer/subscriber at any time in writing of the expiration of the due date of the invoice and to invite him to make the payment due within a reasonable period. The first written reminder is free of charge. The costs for all other written reminders will amount to a maximum of € 10.00.
From the due date of the invoice to the day of the full payment, the customer/subscriber is due a late-payment interest on the undisputed total amount of the invoice. The late-payment interest is calculated at the statutory interest rate.
edpnet is entitled to deactivate the service if the customer/subscriber fails to comply with the notice of default within the set term and if no valid dispute of the outstanding amount stated in the notice of default has been made known to edpnet. edpnet will not charge the customer/subscriber any cost for the deactivation of the service due to non-payment. For the reactivation of the service after a deactivation due to non-payment, edpnet is entitled to charge the customer/subscriber a maximum amount of € 30.00 including VAT.
In the event that the service to the customer/subscriber has already been deactivated due to non-payment during the previous twelve (12) month period, edpnet is entitled to immediately deactivate the service without prior notice when the customer/subscriber fails to pay an invoice on time and has not made a valid dispute about the outstanding amount to edpnet.
If the customer/subscriber fails to comply with a notice of default within the set term, and if no valid dispute of the outstanding amount stated in the notice of default has been made known to edpnet, edpnet is entitled to hand over the dossier for collection at any chosen time. In such a case, edpnet is entitled to charge to the customer/subscriber collection costs for a maximum amount of € 150.00 insofar as the total of the principal sum due, plus the statutory interest, does not exceed the amount of € 1,250.00. In case the amount due to edpnet is higher than € 1,250.00, the actual collection costs will be charged to the customer/subscriber.
4.8. In accordance with Article 108 §2 of the law of June 13, 2005 on electronic communications, edpnet reserves the right to change the prices of the periodic services in agreements of indefinite duration at any time. In case of a price increase the customer/subscriber has the right to terminate the agreement in writing without compensation being due, at the latest on the last day of the month following receipt of the first invoice after implementation of the changes.
4.9. If the customer/subscriber complains regarding the accuracy of the invoice amount, he can object in writing within thirty (30) calendar days following the invoice date. Upon receipt of the objection edpnet will immediately investigate the accuracy of the invoice amount. If a dispute of an invoice is found to be justified or if further investigations should be required, edpnet will immediately suspend the disputed portion of the invoice or take the necessary steps to rectify the wrong inning. edpnet will clearly inform the customer/subscriber about the undisputed amount and the date by which this must be paid. If edpnet rejects the complaint, the disputed amount is payable immediately. The payment terms of this sum is stated in the communication of the decision. In no way will edpnet charge the customer/subscriber for the settlement of the dispute, except where the dispute arguably has no other goal than to postpone the payment.
4.10. The customer/subscriber who leaves his address or transfers the ownership without cancelling, modifying or transferring his subscription, remains responsible for the payment of the amounts due and for the use of the internet service(s).
4.11. As far as installation is concerned, the price varies depending on the installation type selected by the customer/subscriber. The various installation possibilities offered by edpnet are described on the website www.edpnet.be.
4.12. When an unnecessary intervention takes place, edpnet is entitled to charge the customer/subscriber an administrative fee of € 199,00 VAT included. In addition edpnet shall charge the customer/subscriber costs for carrying out of unnecessary operations. Unnecessary interventions are:
1. a request for repair of a defect that was not caused by edpnet and for which edpnet or its subcontractor have carried out certain operations (repair, testing, movement , ...);
2. an intervention for which edpnet or its subcontractor have carried out useless operations (repair, testing, movement , ...) due to the fact that the customer/subscriber was not present at the appointment , did not give access to his property or gave incorrect information;
3. an intervention which took place due to the fault of the customer/subscriber, such as excessive use of the line or any other fault of the customer/subscriber.
The above mentioned interventions are not limited to the address/property of the customer/subscriber and can also involve the infrastructure outside the address/property of the customer/subscriber.
4.13. The customer/subscriber acknowledges to edpnet the validity and probative value of the invoices and all other related documents.
4.14. In case the customer/subscriber cancels the order after the expiry of the revocation period of fourteen (14) calendar days, or in any other case of serious default by the customer/subscriber, edpnet has the right to terminate all others agreements in progress. In such case, Article 9.3 of these Terms and Conditions will be triggered.
5. Payment and activation conditions for internet subscriptions
5.1. Subscriptions are to be paid in advance by direct debit or (online) bank transfer on the bank account number indicated on the edpnet invoice, mentioning the necessary references. Additional usage or time/material based amounts are invoiced in arrears.
5.2. Internet subscriptions are activated within twenty (20) working days, subject to technical complications (e.g. the connection to the network is technically not possible without prior additional work, rejection of the line, wrong data given by the customer/subscriber like for example wrong telephone number, customer number, ...).
6. Internet access
6.1. The subscription starts from the written confirmation of the activation of the service by edpnet.
6.2. The service is always activated on the network access point (NTP or ONT).
6.3. edpnet reserves the right to make procedural and technical changes (included the changing of telephone numbers of the dial-up numbers of the edpnet network as well as the login procedure) and/or to carry out improvements in edpnet services or an entry code of the customer, if the functioning of edpnet so requires. The customer/subscriber will be advised of this beforehand.
6.4. edpnet reserves the right to make procedural and technical changes (including changing the login procedure) and/or to carry out improvements in edpnet services or an entry code of the customer/subscriber, if the functioning of edpnet so requires. The customer/subscriber will be informed of this beforehand.
6.5. The right to use the edpnet service, unless specifically stipulated otherwise, is reserved for the customer/subscriber as a natural person . The customer/subscriber is prohibited from abusing or deliberately misusing the rights granted to him, such as using a dynamic IP address permanently in such a way that the customer/subscriber would have a fixed IP address , as well as using a fixed IP address, unless stated otherwise in the specifications of the relevant subscription. In the event that the customer/subscriber should ignore this prohibition, edpnet is entitled to terminate this agreement immediately and without prior notice of default.
6.6. To gain access to the edpnet internet service, the customer/subscriber is assigned a personal username and password, hereinafter referred to as the login details.
6.6.1. The customer/subscriber is responsible for its confidentiality, security and appropriate use. To this end, the customer/subscriber must take all necessary measures to ensure their confidentiality, security and appropriate use and to ensure that they are not disclosed to third parties. The login details are never requested by edpnet.
6.6.2. If the customer/subscriber has any reason to believe that his login details have been disclosed to someone who is not authorized to use them, or that his login details are being used or could be used in an unauthorized manner, the customer/subscriber must immediately inform edpnet thereof.
6.6.3. If edpnet has reasons to assume that confidentiality and/or security is in danger or is being violated or the internet service is being misused, edpnet can change the login details. In such a case edpnet will inform the customer/subscriber thereof.
6.6.4. The customer/subscriber undertakes to use the edpnet service for personal use only. If edpnet has reasons to assume that the customer/subscriber has deliberately shared the login details with third parties, edpnet is entitled to terminate the agreement immediately and without prior notice of default.
6.7. The customer/subscriber with an internet subscription can use a certain traffic volume (GB) per month. The traffic volume included into the subscription is specified in the order confirmation form. edpnet shall notify the customer/subscriber by e-mail when the traffic volume approaches the maximum allowed limits. When the customer/subscriber exceeds the maximum traffic volume, edpnet will put the customer/subscriber on small band until the first day of the next billing period. An overview of the total monthly traffic volume and the price in case of excessive use are available via the my edpnet page of the customer/subscriber.
7. Responsibilities and liabilities of the customer/subscriber
7.1. The customer/subscriber undertakes to identify himself upon the registration of the internet service. The customer/subscriber is obliged at any time to pass on correct information. The customer/subscriber remains responsible for the accuracy of this information and the prompt adaptation of it when necessary.
7.2. If the customer/subscriber requests edpnet to retrospectively make documents after administrative changes were made to the originally presented information, or after the customer/subscriber has adjusted certain billing information, edpnet is entitled to charge administration costs of € 15,00 VAT included, except in case of relocation of the customer/subscriber.
7.3. The customer/subscriber will use the edpnet services in accordance with the applicable rules and regulations and will behave in a way that can be expected from a responsible and careful person.
7.4. The customer/subscriber will refrain from using the internet in general and the edpnet services in particular in an improper way. He will not use the services for any illegal action, nor to violate any applicable law, statute, ordinance or regulation applicable to the internet.
7.4.1. The customer/subscriber undertakes to comply with all applicable laws and regulations while making use of edpnet services. He may not, among other things, establish and maintain any form of communication of an illegal, illegitimate, incorrect, obscene or slanderous nature that disturbs public order and/or public decency and that construes an invasion of privacy of other customers/subscribers or third parties, that violates applicable laws and regulations on racial hatred and xenophobia, as well as the unlawful and/or punishable disclosure of secret or confidential information.
7.4.2. The customer/subscriber undertakes to respect the intellectual property rights (including but not limited to copyrights, patent and trade mark rights, and data base rights) of edpnet, other customers/subscribers and third parties.
7.4.3. The customer/subscriber undertakes to refrain from sending unsolicited messages, spreading viruses, or in any way disrupt communication or data filing and to cause no damage to the edpnet services or to limit or hinder the use or capacity of these edpnet services for any other customer/subscriber, among other things by burdening the net needlessly by causing a large unjustified flow of data (flooding, spamming, etc.).
7.4.4. The customer/subscriber undertakes not to perform any act of ‘piracy’ or 'hacking' against the edpnet system or any other system, not to enter data or systems by means of false keys, false codes and/or false identities or in any other illegal way, nor to commit any theft of data and not to harm, damage or destroy the integrity of the information data and programs.
7.4.5. The customer/subscriber undertakes to select no username (i.e. the part of the electronic address before @) which is contrary to the public order and / or morals or harms the image or the rights of edpnet or third parties. edpnet reserves the right to reject, modify and prohibit any name that could be contrary to these principles.
7.5. edpnet requests the customer/subscriber to be informed edpnet of any improper content accessible from its network, so as to enable edpnet to take the appropriate and necessary measures to delete this information or make it inaccessible.
7.6. The customer/subscriber is, as holder of a Proximus fixed telephone line, responsible for any change on this line. In case Proximus removes the telephone service from the line on which the edpnet DSL subscription is activated, for any reason, and Proximus changes the status of the line on which the DSL subscription is activated automatically to a raw copper status (= a fixed line without Proximus telephony activated on it), From the moment that edpnet is informed of this change by Proximus, edpnet will inform the customer/subscriber without delay of this change.
7.7. The customer/subscriber is solely liable for any damage, direct or indirect, material or immaterial, caused by himself or one of his appointees to edpnet or a third party. The customer/subscriber undertakes to compensate edpnet for any question, claim, order for compensation of which edpnet would be the subject as a result of the behavior or messages that the customer/subscriber or one of his appointees would have spread on the internet, or as a result of any other use by the customer/subscriber of the edpnet services and for all third parties claims.
7.8. In case the customer/subscriber does not fulfill his obligations under the agreement, edpnet has the right to fully or partially suspend the service(s) provided to the customer/subscriber that are mentioned on the same invoice.
In the event of a serious breach of obligations by the customer/subscriber, , edpnet is entitled to immediately block the customer's/subscriber's access to its network . The customer/subscriber will be informed of this blocking within a reasonable period of time by e-mail and/or ordinary letter and given notice of default to fulfill his obligations. The (e-mail) address that will be used for this is the (e-mail) address that the customer/subscriber has provided to edpnet as a contact (e-mail) address during the order.. If within five (5) working days, counting from the day following the sending of the notice of default, the customer/subscriber does not fulfill his obligations and has not formally committed to fulfill them in the future, edpnet has the right to cancel the agreement. This termination does not entitle the customer/subscriber to any compensation or compensation for damages.
7.9. The suspension of the service ends when the customer/subscriber has fulfilled his obligations. During the duration of the suspension of the service by edpnet, payment of the fees are still remains due, unless the customer/subscriber can demonstrate that edpnet has wrongly suspended the service . The termination fee referred to in Article 9.3 will also remain due for the entire duration of the suspension. The moment the service is restored, edpnet is entitled to charge the customer/subscriber the activation costs associated with starting up the service.
7.10. All unlimited offers are subject to the Fair Use Policy. This means that all usage is "fair" as long as no other customer/subscriber experiences problems due to the excessive usage of a single customer/subscriber. edpnet reserves the right to inform the customer/subscriber whose regular and average usage significantly exceeds that of customers/subscribers with the same internet subscription. The customer/subscriber will be requested in writing and in a traceable manner by edpnet to reduce the usage. If three (3) consecutive written requests to the customer/subscriber bring none or insufficient results, edpnet reserves the right, not to compromise the network stability and the quality of services with regard to other customers/subscribers, to downgrade the profile of the customer/subscriber.
8. Obligations and liabilities of edpnet
8.1. With the exception of the time required for maintenance of the edpnet service by or ordered by edpnet, edpnet will endeavor to make its services available. edpnet reserves the right to suspend or limit the service for maintenance purposes, to make adjustments or if the use or a malfunction of the service disrupts this service or any other edpnet service. edpnet will ensure that its duration is limited to the time necessary for the execution of the works. edpnet will not be liable for any damage ensuing from similar suspensions or limitations.
8.2. edpnet is not liable for the unavailability of any edpnet service and/or any other shortcoming as a result of circumstances that cannot reasonably be foreseen by edpnet and circumstances that are not attributable to it, such as, but not limited to, disruptions and/or total breakdown of the internet and internet connections, the telephone network, the telecommunications equipment of an operator, the communications connections or equipment of edpnet or third parties who deliver services to edpnet, power supply and other disruptions beyond edpnet's control, and furthermore international conflicts, import regulations and limitations, any government measures, violent or armed actions, labour conflicts, boycotts, delays in deliveries or non-execution of deliveries under third party contracts to edpnet.
8.3. In case of unavailability or shortcoming due to one of the above-mentioned circumstances for a period of more than two (2) months, both parties have the right to terminate the agreement.
8.4. edpnet is only liable for direct damage to the customer/subscriber when this is the result of an attributable contractual shortcoming on the part of edpnet , which can be irrefutably proven by the customer/subscriber and can be determined by edpnet. Without prejudice to mandatory legal provisions, in the event of liability of edpnet, on whatever grounds, the compensation the customer/subscriber can claim, per event, whereby related events are regarded as one (1) event, can never exceed the amount paid by the customer/subscriber for access to the edpnet services during twelve (12) months, all compensations included. Under no circumstances is edpnet liable for indirect damage, including, but not limited to loss or corruption of data, loss of profits, financial losses, additional expenses, loss of customer/subscriber, disrupted planning and claims by third parties. Any claim or liability by the customer/subscriber expires one (1) year after the start of the cause of this claim or entitlement. The aforementioned limitation with regard to the obligation to pay compensation does not apply if the service is interrupted for more than five (5) working days, counting from the notification of the interruption. edpnet will do the necessary to rectify the situation within forty-eight (48) hours.
8.6. The customer/subscriber accepts that edpnet cannot be held liable for the deletion or non-receipt of e-mails or other information, or for not saving e-mails or other information.
8.7. edpnet cannot be held liable for the content of communications or messages, nor for the integrity of the data sent via its network. edpnet can also not be held liable for the services, nor for nor for their billing when they are offered by third parties and are accessible via its network. edpnet provides no guarantees and is not liability for the services that are offered or the information that is distributed through its network.
8.8. When the customer/subscriber terminates the agreement, edpnet will end the relevant service as soon as technically possible and send a written confirmation of it to the customer/subscriber
9. Entry into force and termination of the agreement
9.1. The agreement enters into force on the date of activation. The sending by edpnet of the activation confirmation to the e-mail address specified by the customer/subscriber during the order serves as proof of activation. Subject to written cancellation by the customer/subscriberbefore the expiry date of the minimum duration period, the agreement will automatically be extended for an indefinite period.
9.2. Without prejudice to the provisions of article 9.3, the customer/subscriber can terminate the agreement in writing at any time without being obliged to give a reason. edpnet will make every effort to terminate the agreement as soon as possible or on the date chosen by the customer/subscriber. edpnet will send the customer/subscriber a written confirmation of the effective termination date, taking into account the technical specifications.
9.3. The unilateral termination of the agreement by the customer/subscriber has immediate and irrevocable legal consequences. edpnet reserves the right to claim damages equal to the total of the monthly subscription fees due until the end of the first six (6) months of the agreement in the event that the customer/subscriber terminates the agreement within the first six (6) months after its entry into force. The customer/subscriber can be held to a notice period of maximum one (1) month upon termination of the agreement after its tacit renewal for an indefinite period.
9.4. In the event of a move, the agreement at the old location will be terminated. The subscription at the new location is considered a new agreement, subject to all conditions attached to entering into the new internet subscription. In the event that the move takes place during the minimum duration, and the customer/subscriber enters into an agreement at the new location for at least an equivalent new edpnet subscription, the customer/subscriber does not owe any compensation as described in article 9.3. When activating the subscription at the new location, edpnet will draw up a credit note for the overbilled period of the subscription at the old location.
9.5. If the customer/subscriber wishes to switch to an internet subscription that uses a different technology, edpnet will regard this as a new order, subject to all conditions associated with entering into the new internet subscription.
9.6. The customer/subscriber cannot transfer the agreement to a third person. If a third person wishes to be domiciliated at the connection address of the customer/subscriber to which the agreement applies, and he wishes to take over the active internet connection of the customer/subscriber, he must conclude a new agreement with edpnet. During the order, the third person must state that it concerns the takeover of the active internet connection of the relevant customer/subscriber. The customer/subscriber must terminate the relevant agreement with edpnet in writing. Unless the third person chooses an internet subscription that uses a different technology, edpnet will not charge any activation costs.
9.7. The customer/subscriber who is denied access to and/or stay at the connection address by court decision, grants edpnet the right to officially transfer the agreement to the person who legally occupies the address of the connection, if the latter so requests
9.8. In the event of the death of the customer/subscriber, the agreement continues to run with regard to the succession until it is terminated or transferred to an heir, a legatee or someone who lives or resides simultaneously at the same address as the deceased customer/subscriber. No early termination fee will be due if the beneficiaries inform edpnet of the death by any written means, supplemented with a supporting document..
9.9. edpnet may terminate or suspend the agreement in the event of an order or a decision from an administrative or judicial authority. In that case, the customer/subscriber is not entitled to any compensation.
9.10. If the customer/subscriber has mailboxes included in the internet subscription, he can request to obtain free access to the electronic mail that arrives at the created edpnet e-mail address(es) during eighteen (18) months following the end date of the agreement. If the customer/subscriber wishes to have further access to the electronic mail that arrives at the edpnet e-mail address(es) after this period of eighteen (18) months, he must contact edpnet in order to conclude a specific agreement for this purpose. If the customer/subscriber has web space included with the internet subscription, he can request edpnet that the website(s) hosted on the included web space remain accessible free of charge for six (6) months following the termination of the agreement in order to edit the data stored there. The customer/subscriber must notify edpnet of this in writing at the latest on the day of the effective termination of the internet subscription.
10. Other conditions
10.1. The customer/subscriber acknowledges having taken note of the stated General Terms and Conditions and to accept them. By simply using the internet service, the customer/subscriber confirms its acceptance
10.2. edpnet and the customer/subscriber agree that all mutual communication via the secured e-mail system has the same legal value as written and signed correspondence.
10.3. edpnet and the customer/subscriber agree that the information regarding communications, agreements and payments, which is stored by edpnet on a durable and immutable medium, has evidential value unless proven otherwise.
10.4. In case of conflict of provisions , the following conditions will apply and prevail in this order:
1) product-specific and/or customer/subscriber-specific terms and conditions;
2) present General Terms and Conditions.
10.5. If the agreement is for an indefinite period, edpnet reserves the right, in accordance with Article 108 § 2 of the law of June 13 2005 on electronic communication , to modify the conditions. In accordance with the same article, the customer/subscriber has the right, upon notification of proposed changes to the conditions, to terminate the agreement without penalty by a traceable means (e.g. by mail, fax…). The customer/subscriber will be duly notified individually (by e-mail or mail) of such changes in a timely manner and at least one (1) month in advance, and at the same time be informed of his right to withdraw from the agreement without penalty no later than the last day of the month following the entry into force of the changes if he does not accept the new terms and conditions.
10.6. The invalidity or unenforceability of any of the provisions of these General Terms and Conditions shall in no way affect the validity of the other provisions.
10.7. All prior understandings and agreements, whether oral or written, shall be null and void and superseded in their entirety by the provisions of this Agreement.
11.1. edpnet guarantees the execution of the agreement in a professional way.
12.1. edpnet undertakes to solve problems of which it is informed and which it can remedy as soon as possible.
If the customer/subscriber is not satisfied with the answer or solution offered by edpnet, he can turn to edpnet’s internal Complaints service. Only written complaints via complaints[at]edpnet.com or to the contact address of edpnet, for the attention of the Complaints Department , Van Landeghemstraat 20, 9100, Sint-Niklaas are taken into account. Given that the content of a telephone conversation cannot be traced, telephone complaints, or references to a telephone conversation in a written complaint, are deemed non-existent.
If the customer/subscriber is not satisfied with the answer or the solution offered by the edpnet Complaints Department, he can contact the Ombudsman Service for Telecommunications, Boulevard du Roi Albert II 8 box 3, 1000 Brussels – E-mail: email@example.com.
12.2. The agreements concluded with edpnet are governed by Belgian law.
12.3. For all disputes that may arise from the agreement, of which, among other things, the invoice is conclusive proof, as well as for those that relate to the performance by the parties of their obligations, only Belgian courts are competent.
13.1. The conditions below regulate the legal relationship between the supplier, being edpnet, and the customer/subscriber, regarding all goods that edpnet supplies in the context of a subscription.
13.2. Deviations from this are only valid insofar as they have been accepted in advance and in writing by an authorized representative of edpnet.
13.3. Changes or additions at the request of the customer/subscriber only apply if they have been confirmed in writing by edpnet.
14. The conclusion of the agreement
14.1. The customer/subscriber cannot derive any rights from obvious errors in a quotation. Unless otherwise agreed in writing, a quotation is valid for thirty (30) calendar days. If the customer/subscriber approves the quotation outside the validity period, edpnet has the right to inform the customer/subscriber that it does not wish to conclude an agreement.
14.2. The agreement is concluded at the moment that a quotation accepted in writing by the customer/subscriber, or an order placed by the customer/subscriber via the online order tool, is ratified approved by edpnet.
14.3. The customer/subscriber acknowledges that he was fully informed by edpnet during the negotiations and that everything was clearly explained to him regarding the possibilities and restrictions of the goods ordered by him.
14.4. The indicated price is fixed and unchangeable.
14.5. If the customer/subscriber buys goods that are necessary for the proper functioning of an internet service (for example, a modem, a router ...), this price does not include their installation by edpnet. As for its installation , the price varies depending on the type of installation chosen by the customer/subscriber. The various installation options offered by edpnet are described on the website www.edpnet.be.
14.6. For online orders , the customer/subscriber has the right to withdraw from the agreement within a period of fourteen (14) calendar days, without giving reasons. The withdrawal period expires fourteen (14) calendar days after the day on which the customer/subscriber, or a third party designated by the customer/subscriber, who is not the carrier, , acquires physical possession of the good(s) . To exercise the right of withdrawal , the customer/subscriber must notify edpnet of the decision to withdraw from the agreement by means of an unambiguous statement. The customer/subscriber can use this model renunciation form, available on the special renunciation right webpage on www.edpnet.be, but it is not mandatory. The customer/subscriber can also send edpnet an ordinary written communication regarding the exercise of the right of withdrawal before the withdrawal period has expired:
- via a ticket in the my edpnet customer zone;
- by post to edpnet nv, Van Landeghemstraat 20, B-9100 Sint-Niklaas ;
- by e-mail : firstname.lastname@example.org.
If the customer/subscriber validly revokes the agreement, he will receive all payments made up to that point, including delivery costs (with the exception of any additional costs resulting from his choice for a different method of delivery than the cheapest delivery methode offered by edpnet) from edpnet without delay and in any case not later than fourteen (14) calendar days after edpnet was informed of the decision to revoke the agreement. edpnet reimburses the customer/subscriber with the same payment method with which the original transaction was made, unless the customer/subscriber has expressly agreed otherwise. In any event, no fees will be charged for such reimbursement. edpnet may wait with reimbursement until it has received the goods back, or the customer/subscriber has demonstrated that the goods have been returned, whichever comes first. The customer/subscriber must return or hand over the goods to edpnet immediately, but in any case no later than fourteen (14) calendar days after the day on which the decision to withdraw from the agreement was communicated. The customer/subscriber is on time if he/she returns the goods before the term of fourteen (14) calendar days has expired. The direct costs of returning the goods are borne by the customer/subscriber. The burden of proof with regard to the exercise of the right of withdrawal lies with the customer/subscriber.
15. Delivery - acceptance of risk - force majeure
15.1. Each delivery of goods takes place ex-edpnet warehouse. At the request of the customer/subscriber, edpnet can organize the transport of the goods to an address specified by the customer/subscriber. Any transport is the responsibility of the customer/subscriber. The costs for transport, registered mail, express, etc., communicated to the customer/subscriber in advance, will be invoiced separately to the customer/subscriber and are therefore in no way included in the specified unit price. edpnet has fulfilled its delivery obligation at the time of signing the receipt. In the event of refusal without a valid reason to receive the ordered goods, the customer/subscriber will owe any associated costs of returning the goods to edpnet.
15.2. The risk of loss of or damage to goods passes to the customer/subscriber as soon as he or a third party designated by him, who is not the carrier, has acquired physical possession of the goods. However, the risk passes to the customer/subscriber upon delivery to the carrier, if the latter has been instructed by the customer/subscriber to transport the goods and the choice to use this carrier was not offered by edpnet.
15.3. edpnet's obligations under this agreement shall be suspended to the extent and for the period that their implementation is delayed, if they are made more difficult or impossible by circumstances beyond edpnet's control, including, but not limited to, strikes lockouts or other labor disputes, war, riots and civil disturbances, telecommunications failures, acts or omissions of government or other government agencies, embargo, epidemic, fire, earthquake, flood or other natural disaster.
15.4. In case of installation at the customer/subscriber, he must ensure that the room where the equipment to be supplied will be used, meets the following conditions: presence of at least three (3) connection points for power supply (this power supply must be stable), a temperature of maximum thirty-five (35) and minimum ten (10) degrees Celsius, a relative humidity of fifteen (15) % to eighty (80) %. The customer/subscriber bears the costs of delay of the installation as a result of non-compliance with the aforementioned conditions.
16. Goods on Loan
16.1.As part of certain internet subscriptions, edpnet can lend a modem/router to the customer/subscriber free of charge. edpnet undertakes to make a modem/router available to the customer/subscriber as part of these specific internet subscriptions.
16.2. The modem/router remains the exclusive property of edpnet for the entire duration of the loan.
16.3. The loan is free of charge.
16.4. Unless otherwise agreed, the modem/router is made available for private use only. Under no circumstances is the customer/subscriber permitted to dispose of the modem/router in whole or in part, with or without compensation, or to make it available to a third party in any way whatsoever, nor to use it at a location other than the address of the activation of the relevant internet subscription.
16.5. During the entire duration of the loan, the customer/subscriber is obliged to take due care of the safekeeping and maintenance of the modem/router. He may only use it for the purpose and use determined by the nature of the item and the instructions for use. He is responsible for the cost of maintenance and repair, as well as for the consequences of theft or loss, except when this is due to force majeure. The customer/subscriber will be obliged to compensate edpnet for any wear or damage to the modem/router that is not the result of normal use.
16.6. The customer/subscriber may not transfer its rights and obligations under the agreement to a third party.
16.7. The modem/router is given on loan for the duration of the concluded internet subscription of which the loan of the modem/router forms part and commences at the time of receipt of the modem/router by the customer/subscriber. During this period, however, the customer/subscriber is free to return the modem/router to edpnet at any time. The customer/subscriber is obliged to return the modem/router to edpnet at his own risk and expense if the concluded internet subscription of which the modem/router is part comes to an end, for whatever reason.
16.8. If the customer/subscriber does not return the modem/router within fifteen (15) calendar days after the agreement between himself and edpnet with regard to the concluded internet subscription of which the modem/router forms part has come to an end (as referred to in Article 16.7), he is deemed to have purchased the modem/router. In such a case, delivery for sale is deemed to have taken place at the time of delivery for the loan. In this case, the modem/router will be invoiced to the customer/subscriber at the edpnet sales price at the time of entering into the agreement of which the loan of the modem/router formed part.
16.9. In the event that a defective modem/router on loan proves to be the cause of a reported problem with the internet connection, the customer/subscriber will be asked to return the defective modem/router on loan to edpnet upon receipt of a replacement modem/router on loan. The customer/subscriber must return the defective modem/router on loan to edpnet within fifteen (15) calendar days after receipt of the replacement modem/router on loan, and this in the complete original packaging, including all materials that were originally in the box (cables, manual…). The customer/subscriber can use the easy return sticker that is supplied with the replacement modem/router on loan. If the customer/subscriber does not return the defective modem/router on loan within fifteen (15) calendar days after receipt of the replacement modem/router on loan, edpnet is entitled to invoice the replacement modem/router on loan at the current sales price. In the event of a dispute, the burden of proof of the return lies with the customer/subscriber.
17. Invoicing and payments
17.1. All invoices are payable net.
17.2. Invoicing takes place according to delivery and/or execution, unless stipulated otherwise.
17.3. GGoods that are not given on loan must – unless expressly agreed otherwise – be paid in advance, either via online payment or via bank transfer. The amount is automatically increased by the shipping costs.
17.4. Deliveries of ordered goods take place as soon as edpnet has received payment, subject to exhaustion of the stock of the ordered goods. In the event that the customer/subscriber has opted for an installation by an edpnet technician, the goods will be brought by the edpnet technician, insofar as these goods do not affect the start-up or functioning of another service. In the latter case, the goods will be sent as soon as edpnet has received payment, unless the stock of the goods in question is exhausted.
17.5. When the customer/subscriber cancels the order after the expiry of the withdrawal period of fourteen (14) calendar days, or remains in serious default in another way, edpnet acquires the right to dissolve all agreements still to be executed and Article 9.3 of these General Terms and Conditions are applied.
18.1. edpnet undertakes to deliver goods to the customer/subscriber that are in accordance with the agreement.
18.2. The good delivered to the customer/subscriber is in accordance with the agreement if
1° it is in accordance with the description given by edpnet;
2° it is suitable for any special use desired by the customer/subscriber that he has communicated to edpnet when concluding the agreement and that edpnet has accepted;
3° it is suitable for the use for which goods of the same type are usually used;
4° if necessary, updates are provided;
5° if applicable, is delivered together with the accessories, including packaging, installation instructions or other instructions which the customer/subscriber may reasonably expect;
6° offers the quality and performance that are normal for goods of the same type and that the customer/subscriber may reasonably expect, given the nature of the good and any public announcements made by edpnet, the producer or his representative about the special features thereof.
edpnet is not bound by publicly made statements, if it can demonstrate that the
- aforementioned statement was not known to edpnet and could not reasonably have been known to edpnet;
- aforementioned statement was rectified at the time of the conclusion of the agreement, or
- decision to purchase the goods could not have been influenced by the statement.
Lack of conformity is deemed not to exist within the meaning of this article if, at the time of the conclusion of the agreement, the customer/subscriber was aware of the defect or should reasonably have been aware of it.
Lack of conformity as a result of incorrect installation of the good is equated with lack of conformity of the good when the installation has been carried out by edpnet or under its responsibility. The same applies if a good is installed by the customer/subscriber and the incorrect installation is a direct result of an error in the manual.
18.3. edpnet is liable towards the customer/subscriber for any lack of conformity which exists at the time of delivery, and that manifests itself within a period of two (2) years from the aforementioned delivery. Contrary to the first paragraph, a term of one (1) year applies to second-hand goods.
18.4. The customer/subscriber must inform edpnet of the lack of conformity within a period of two (2) months from the day on which the customer/subscriber has established the defect. If this period has expired, edpnet has the right to refuse to apply the legal guarantee.
18.5. If a lack of conformity manifests itself within a period of two (2) years from the delivery of the good, then the presumption applies that this defect existed at the time of delivery. edpnet must prove otherwise if it does not agree.
18.6. In the event that it appears that the reported defect existed at the time of delivery of the good, the customer/subscriber will be asked to return the defective good to edpnet upon receipt of a replacement good.
The customer/subscriber must return the defective good to edpnet within fifteen (15) calendar days after receipt of the replacement good, and this in the complete original packaging, including all materials that were originally in the box (cables, manual ...). The customer/subscriber can use the easy return sticker that is included with the replacement good.
If the customer/subscriber does not return the defective good within fifteen (15) calendar days after receipt of the replacement good, edpnet is entitled to invoice the replacement good at the current sales price. In the event of a dispute, the burden of proof of the return lies with the customer/subscriber.
The customer/subscriber does not benefit from a new warranty period of two (2) years, but the period that has already started continues from the moment of replacement.
18.7. For established defects outside the scope specified in 18.3. stated coverage by the legal guarantee, the customer/subscriber must provide proof of the existence of a defect that renders the good unfit for use. It must be a hidden defect, a serious defect and must have existed at the time of delivery. Where appropriate, the customer/subscriber can request a refund when he returns the defective good to edpnet, and he prefers not to make use of any warranty scheme offered by the manufacturer. When determining the amount of reimbursement, edpnet will take into account the use that the customer/subscriber already made of the defective device.
18.6 The legal warranty obligation of edpnet does not apply to the following cases:
- force majeure;
- repairs caused by incorrect, improper or unauthorized use;
- restoration of data files, it being understood that every normally prudent customer/subscriber is himself responsible for a periodic reserve storage of his data (back-up);
- repairs as a result of an own error by the customer/subscriber, his employees or the intervention of third parties, which was not approved in advance by edpnet;
- repairs due to non-attributable shortcomings of suppliers;
- repairs due to non-immediate communication by the customer/subscriber of any errors with all available information and documentation;
- repairs caused by accident, fire, natural disasters, electricity failures and in general any cause external to the equipment supplied.
19.1. edpnet undertakes to solve problems of which it is informed and to which it can remedy, as soon as possible. If the customer/subscriber is not satisfied with the answer or the solution offered, he can turn to edpnet's internal complaints service. Only written complaints via complaints[at]edpnet.com or to the contact address of edpnet, for the attention of the Complaints Service, Van Landeghemstraat 20, 9100 Sint-Niklaas, will be taken into account. Given that the content of a telephone conversation cannot be traced, complaints by telephone, or references to a telephone conversation in a written complaint, are deemed non-existent. If the customer/subscriber is not satisfied with the answer or the solution offered by the edpnet Complaints Service, he can contact the Ombuds Service for Telecommunications (Ombudsman Service for Telecommunications, Boulevard du Roi Albert II 8 box 3, 1000 Brussels – E-mail: email@example.com).
19.2. The agreements concluded with edpnet are governed by Belgian law.
19.3. Only Belgian courts are competent for all disputes that may arise from the agreement, of which the invoice, among other things, is conclusive proof, as well as for those that relate to the performance by the parties of their obligations.