General Delivery Terms and Conditions
1. Offer and Agreement
These General Terms and Conditions apply to all offers and agreements in which EasyVoice Telecom offers or delivers goods and/or services of any kind to the Contracting Party, even if these goods or services are not (further) described in these conditions. Deviation from these general Delivery Conditions is only possible if explicitly agreed upon in a document signed by both parties.
All offers from EasyVoice Telecom are non-binding, even if a validity period is mentioned in the offer unless explicitly stated otherwise in the offer. EasyVoice Telecom reserves the right to make the conclusion of an agreement dependent on the creditworthiness of the Contracting Party. An agreement is concluded by the Contracting Party's signature and EasyVoice Telecom or by written acceptance by EasyVoice Telecom of a written order from the Contracting Party. Any modification, addition, or extension of an agreement must be agreed upon in writing in a legally signed document.
The applicability of any purchasing or other terms of the Contracting Party is expressly rejected.
If any provision of these General Delivery Conditions is void or is declared void, the other provisions of these General Delivery Conditions shall remain in full force, and EasyVoice Telecom and the Contracting Party shall consult to agree on a new provision to replace the void or annulled provision, while preserving as much as possible the purpose and scope of the void or annulled provision.
EasyVoice Telecom reserves the right to amend these General Delivery Conditions. EasyVoice Telecom will inform the Contracting Party of the intended amendment at least three (3) months before the amendment takes effect. The amended conditions apply to all offers from EasyVoice Telecom and agreements between EasyVoice Telecom and the Contracting Party from the effective date of the amendment.
2 Compensation
The Contracting Party owes EasyVoice Telecom fees for the provision of Services at the rates specified by EasyVoice Telecom.
The fees referred to in Article 2.1 are determined separately for each of the Services and may include:
a one-time fee for establishing the Service, and, where applicable, for the necessary facilities;
a one-time fee for relocation, modification, or transfer of the Service;
a monthly fee and/or monthly fees for the maintenance and provision of the Service and the provision of one or more Services;
costs for connections established using the Service, including with other networks and for connections accepted by the Contracting Party;
The fee owed by the Contracting Party on a monthly basis will be specified in a statement prepared by EasyVoice Telecom. The fee will be increased by the applicable statutory taxes and any other government-imposed levies.
EasyVoice Telecom is entitled to annually increase the rates applicable to the Services based on the price index for household consumption, published by the Central Bureau of Statistics (1997 = 100). The rates and their annual increases can also be adjusted by EasyVoice Telecom in accordance with future legislation and regulations related to the European Monetary Union.
Statistics (1997 = 100). The rates and their annual increase can also be adjusted by EasyVoice Telecom in accordance with future laws and regulations related to the European Monetary Union.
Notwithstanding what is stipulated in article 2.4, EasyVoice Telecom may increase the rates that apply to the Services. If EasyVoice Telecom increases the rates within three months after the conclusion of the Agreement, other than based on the index referred to in article 2.4, the Contracting Party has the right to terminate the Agreement on the effective date of the change.
The data registered by EasyVoice Telecom concerning (due) fees, administration, provision of the Service, established connections, and delivery of Services are decisive, unless proven otherwise.
3 Payment
The Contracting Party is liable for the fee, as mentioned in article 2, from the date the Service is made available for use, or from the moment the Contracting Party actually uses the Service, as determined per Service. If the activation of the Service is hindered by a circumstance attributable to the Contracting Party, the Contracting Party is liable for the fee from the day on which the Service would have been made available for use if the circumstance attributable to the Contracting Party had not occurred, provided that EasyVoice Telecom notifies the Contracting Party in writing within one month after the Service would have been made available for use regarding this fee.
EasyVoice Telecom will invoice the Contracting Party for the fees due under article 2 by means of a statement. The method of payment of the fee and the deadline for payment will be specified in the relevant statement and are determined per Service. If no deadline is specified on the statement, a payment term of 7 days will apply. If the maximum amount determined by EasyVoice Telecom for which the Contracting Party can use Services in a specific period has been reached, EasyVoice Telecom is authorized to send an interim statement to the Contracting Party before the usual deadline for sending a statement has expired, so that the payment thereof is expedited.
Insofar as fees due for a full calendar month are payable in accordance with article 2.2.3, 1/30th of the monthly amount will be charged for each day that the Contracting Party uses the relevant Services.
If the Contracting Party does not pay the fee within the deadline specified in article 3.2, EasyVoice Telecom will inform the Contracting Party in writing that the payment has not been received and grant the Contracting Party a period of 7 days within which the payment must be made. In the event that the Contracting Party does not make the payment within these 7 days, the Contracting Party is in default without further notice. From the date of default, EasyVoice Telecom may charge the Contracting Party an additional fee equal to the legal interest on the amounts due and the costs incurred by EasyVoice Telecom for the collection of those amounts. EasyVoice Telecom is authorized to immediately cease the provision of Services in case of default.
4 Liability of EasyVoice Telecom, indemnification
EasyVoice Telecom accepts legal obligations to compensate for damages as far as this is evident from this article 4.
Without prejudice to Article 4.3, the total liability of EasyVoice Telecom for attributable failure to perform the agreement and due to the termination of the agreement is limited to compensation for direct damages up to the net invoice value of the services or equipment delivered, or directly related to the claim. If the agreement is primarily a continuous contract with a term of 1 year or longer with periodic fees, the obligation to compensate for damages is limited to the total of the net fees stipulated for the year in which the damage occurred. In no event shall the total compensation for direct damages exceed €10,000 (ten thousand euros). Direct damage is exclusively understood to mean:
Reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to direct damage within the meaning of these terms.
Reasonable costs incurred to prevent or limit damage, to the extent that the Contractor can demonstrate that these costs have resulted in the limitation of direct damages within the meaning of these General Terms and Conditions.
The total liability of EasyVoice Telecom for damage due to death or bodily injury or for material damage to property shall in no event exceed €100,000 (one hundred thousand euros) per occurrence, with a series of related events being considered as one occurrence.
Liability of EasyVoice Telecom for indirect damages, including consequential damages, lost profits, missed savings, loss of money or securities, due to the use or inability to use by the contractor or third parties of the service(s), equipment, software, or materials, and liability of EasyVoice Telecom for other direct
Damage as listed in Article 4.2 (such as data or file loss) is excluded.
Outside the cases mentioned in 4.2 and 4.3, EasyVoice Telecom shall not be liable for compensation for damages, regardless of the basis on which an action for compensation would be founded.
EasyVoice Telecom's liability for damages suffered by the Contractor due to an attributable failure of EasyVoice Telecom in the performance of an agreement arises only if the Contractor promptly and properly notifies EasyVoice Telecom in writing, specifying a reasonable period for rectifying the failure, and EasyVoice Telecom continues to fail to perform its obligations attributable even after that period. The notice of default must contain the most detailed possible description of the failure, so that EasyVoice Telecom can respond appropriately.
A condition for the emergence of any right to compensation is always that the Contracting Party reports the damage to EasyVoice Telecom in writing as soon as possible after the moment when the damage was discovered or could reasonably have been discovered, but no later than within 4 weeks.
The Contractor indemnifies EasyVoice Telecom against all claims from third parties due to the use or inability to use the service(s), equipment, software, or materials, or due to
Product liability as a result of a defect in a service, product, or system delivered by the Contractor to a third party and which also included services, equipment, software, or other materials provided by EasyVoice Telecom, unless and to the extent that the Contractor proves that the damage was caused by those services, equipment, software, or other materials and would also have occurred if the Contractor had delivered the services, equipment, software, or other materials to those third parties without any addition or modification or processing.
The exclusions and limitations of liability as stated in this Article 4 are also stipulated for and on behalf of the subordinates of EasyVoice Telecom and anyone else engaged by it in the context of providing Services, as well as for and on behalf of those from whom EasyVoice Telecom obtains delivered goods and/or components.
5 Force Majeure
Neither party is obligated to fulfill any obligation if they are prevented from doing so due to force majeure. Force majeure also includes an uncontrollable failure of EasyVoice Telecom's suppliers. If the force majeure situation lasts for more than 90 (ninety) days, both parties have the right to terminate the agreement by written notice to the other party.
If the Contracting Party has already received performances in the execution of the agreement as described in 5.1 at the time of termination of the agreement, these performances and the related payment obligations will not be subject to undoing, unless EasyVoice Telecom is in default with respect to these performances. Amounts invoiced by EasyVoice Telecom before termination for what has already been performed or delivered in the execution of the agreement remain due without prejudice to the previous sentence and become immediately payable upon termination.
6 Software
The installation of (new) software may potentially affect the Service Level Guarantees of the Customer. To prevent such issues, the CUSTOMER / End User informs EasyVoice Telecom in advance about installations of new software. In the event that such notification has not occurred and EasyVoice Telecom discovers software that actually and demonstrably endangers the operation of the network or services of EasyVoice Telecom, EasyVoice Telecom may, in mutual agreement with the Customer / End User, remove the software.
Web applications are the responsibility of the End User by default. If desired, EasyVoice Telecom can take responsibility for the Web applications under the condition that the supplier of the Web application(s) and the End Users agree to make agreements and establish procedures between the supplier of the Web application(s) and EasyVoice Telecom.
7 Use of the service(s)
The technical specifications of the Services provided to the Contracting Party are described in Appendix 1 of this Agreement. EasyVoice Telecom does not guarantee that, after the conclusion of the agreement, the respective Service is suitable for delivering the Service to the End User.
The Contractor shall make every effort to ensure that its End Users do not engage in improper use of the Service(s). Improper use includes, but is not limited to, infringing and/or making changes to the Service that could disrupt and/or hinder the Service or other services provided by EasyVoice Telecom.
The Contractor shall include in its agreements for providing the Service to End Users that End Users must not make improper use of the Service, as defined in Article 6.2, and ensure compliance with the respective provision by the End User.
The Contractor shall use the Services provided to it solely for offering internet, intranet, connectivity, and communication solutions, in which the Service may only function in accordance with the Service Description if the mentioned Peripheral Equipment is used.
The contractor ensures that:
If the Services and/or Equipment provided to the Contractor are not completely or partially altered. If changes are made to the Services and/or Equipment provided to the Contractor without the consent of EasyVoice Telecom, all claims for warranty and/or service will be forfeited.
No work is carried out by, on behalf of, or with the knowledge of the Contractor on the Services and/or Equipment provided to him.
The service provided to the Contractor can also be used for other services for the same End User. Upon request, the Contractor must cooperate to allow End Users to use other services through the same service, if and to the extent that such use is reasonably possible.
8 Discontinuation of the service(s)
India, as a result of the use of the Service(s) by the Contractor, experiences interference with the fixed network of EasyVoice Telecom, the Contractor is obliged to bring its use of the Service into compliance with the instructions provided by EasyVoice Telecom in the notice, within 2 hours of prior written notice from EasyVoice Telecom. If, in the opinion of EasyVoice Telecom, this is necessary, EasyVoice Telecom may, if necessary, immediately (temporarily) take the Service out of operation in whole or in part.
Notwithstanding the right to suspend under the Civil Code, EasyVoice Telecom is entitled to partially or wholly discontinue the use of Services provided to the Contracting Party and suspend the provision of the Service if the Contracting Party fails to fulfill substantial obligations under this Agreement, including provisions related to authorized use and payment obligations, even after having been notified in writing with a notice period as specified in this Agreement or a maximum of 30 days. In cases of extremely urgent circumstances requiring immediate suspension, no prior written notice is necessary.
The authority referred to in the first paragraph may only be exercised if the seriousness of the non-compliance justifies the suspension, taking into account all interests involved for both parties.
Contractant blijft gedurende de periode van opschorting, als bedoeld in artikel 6.2, gehouden om alle harerzijds verschuldigde bedragen te voldoen.
The suspension as mentioned in the first paragraph is terminated immediately once the Contractor fulfills their obligations.
9 Duration and termination of the agreement
This Agreement takes effect from the date of signing by both parties and is entered into for an indefinite period, with a minimum duration of two years, except for suspensions and monthly cancellable subscriptions.
EasyVoice Telecom can terminate the Agreement with the Contractor in writing after the minimum duration has expired, with a notice period of 1 calendar month. EasyVoice Telecom will provide such termination in writing and with valid reasons.
Each of the parties has the right, in addition to the general right, to terminate the Agreement in whole or in part with immediate effect if:
- The counterparty has applied for a suspension of payment or has been granted one;
- The counterparty has been declared bankrupt or a bankruptcy petition has been filed.
10 Duration and Termination of the Use of an Individual Service
Individual Services are provided for an indefinite period, with a minimum duration of two years from the date of availability.
Termination by the Contractor of the agreement regarding an individual Service can occur after the minimum duration, with a notice period of one month.
Agreements regarding the right to use individual Services that are in effect on the date of termination of this Agreement and whose minimum duration has not yet expired will automatically terminate without the need for termination by the expiration of the minimum duration. The provisions of this Agreement remain in effect for these agreements.
Agreements regarding the right to use individual Services that are in effect on the date of termination of this Agreement and whose minimum duration has expired will automatically terminate without the need for termination.
If an End User terminates the agreement with the Contractor regarding a Service provided to the Contractor and wishes to enter into an agreement with another Contractor of EasyVoice Telecom for the same Service, CONTRACTOR will inform EasyVoice Telecom thereof at least two weeks before the agreement with the End User ends, with due regard to Article 8.2.
If a change as referred to in Article 2.5 is of such a substantial nature that it objectively justifies termination, the Contractor is entitled to terminate the use of the Individual Service through the Control Panel during the minimum duration as referred to in Article 8.1. The use of the Individual Service will end after the minimum duration has expired. The amended rates are not applicable to the use of this Individual Service during the minimum duration. The Contractor can exercise this right until the moment the amended rates come into effect.
11 Authentication
To use the (certain) Service(s), Authentication is required. The Contractor provides this Authentication to the End User through an individual login name and an individual password.
The Contractor is responsible for the administration of the login name and password. When the Contractor becomes aware of a (potential) disclosure of a password to an unauthorized party, the Contractor is responsible for restoring the required security level and any claims and/or costs that may arise from this disclosure. The Contractor will immediately notify EasyVoice Telecom of a disclosure of a login name and/or password.
The Contractor is responsible for the administration of the login name and password. When the Contractor becomes aware of a (potential) disclosure of a password to an unauthorized party, the Contractor is responsible for restoring the required security level and any claims and/or costs that may arise from this disclosure. The Contractor will immediately notify EasyVoice Telecom of a disclosure of a login name and/or password.
Revelation could arise. The Contractor will immediately notify EasyVoice Telecom of a disclosure of a username and/or password.
12 Risk and Insurance
The risk of loss or damage to the equipment, software, materials, parts, documentation, and other products subject to the agreement passes to the Contractor at the moment they are brought into the actual control of the Contractor, a helper used by the Contractor, or an end user. From that moment, the Contractor is responsible for any damage that the equipment, software, and the like may cause to third parties. After that date, EasyVoice Telecom will replace lost or damaged software at the cost of the information carriers and shipping.
The Contractor shall ensure that, from the risk transfer as referred to in 8.1, its statutory liability insurance covers the financial consequences of its liability towards third parties and EasyVoice Telecom. The Contractor waives any right of recourse and indemnifies EasyVoice Telecom from recourse by its insurers against EasyVoice Telecom.
If the Contractor has goods or rights in its possession that are the property of EasyVoice Telecom or belong to EasyVoice Telecom or its suppliers, the Contractor shall immediately inform EasyVoice Telecom if a lien has been placed or is threatened to be placed on them.
If products are transported to EasyVoice Telecom for maintenance or warranty service and are temporarily present at EasyVoice Telecom for that period and during transport to and from EasyVoice Telecom, provided that EasyVoice Telecom is the one performing the transport, EasyVoice Telecom will ensure that those products are insured against loss, damage, and theft.
13 Obligations of EasyVoice Telecom
EasyVoice Telecom will make every effort to keep the Service(s) available outside Maintenance Times.
Due to the technical structure of the Internet, EasyVoice Telecom cannot guarantee bandwidth between the end user's computer system and any other computer system that is part of the Internet. If a specific bandwidth is referred to (e.g., 64Kb/s), it exclusively refers to the bandwidth of the Connection.
EasyVoice Telecom will make efforts to secure the data stored by the Contractor on the computer systems of EasyVoice Telecom in such a way that only the system administrator(s) of EasyVoice Telecom, in addition to the Contractor, have access. The Contractor has the right to request copies of the data stored on the computer systems of EasyVoice Telecom. EasyVoice Telecom is entitled to charge the Contractor for this service for the administrative costs incurred. EasyVoice Telecom will store the data on its computer systems for a limited period of time. EasyVoice Telecom will comply with applicable legislation regarding the protection of personal data and privacy.
EasyVoice Telecom takes appropriate technical and organizational measures for the security and protection of the Service(s) to achieve an appropriate level of security. The Contractor is aware that EasyVoice Telecom cannot reasonably provide full protection against the security risks associated with an internet connection, and these risks are higher in the case of a permanent internet connection. If the Contractor wishes to reduce or eliminate these risks, the Contractor should set up a firewall at their own expense.
EasyVoice Telecom reserves the right to make changes to (the access to) the Service, the Hostname, and/or the Access Code if it is necessary for the proper functioning of the Service. If such changes directly affect how the Contractor gains access to the Service(s), EasyVoice Telecom will inform the Contractor of the changes in a timely manner.
14 Obligations of the Contractor
The Contractor undertakes to perform and comply with the Agreement, taking into account the interests of EasyVoice Telecom. The Contractor shall not impede or delay the delivery of Services in any way.
The Contractor is obligated, upon request by EasyVoice Telecom, to provide EasyVoice Telecom with data necessary to maintain the proper functioning of the Services.
Unless otherwise specified in the agreement, the Contractor must ensure the availability of other equipment, software, and third-party services needed to access the Service, such as a router, TCP/IP software, and peripherals. All used equipment must meet the requirements set by the Telecom operator and/or EasyVoice Telecom. Upon request, EasyVoice Telecom will provide the Contractor with information about these requirements.
15 Obligations of End Users
The Contractor shall make every effort to ensure that its End Users do not engage in improper use of the Service(s). Improper use includes, but is not limited to, infringing and/or making changes to the Service that could disrupt and/or hinder the Service or other services provided by EasyVoice Telecom.
The end user shall use the Service(s) in accordance with the Acceptable Use Policies. The end user shall not infringe the rights of third parties, behave improperly or contrary to good morals or public order towards third parties, and shall not harm third parties through the use of the Service(s). In particular, the end user shall:
Respect the intellectual property rights of third parties;
Not distribute data in violation of legal provisions;
Not access computer systems for which they are not authorized;
Not alter, delete, render unusable, or add data to third-party data without the consent of the relevant third party;
Not distribute computer viruses, nor distribute other computer programs or data with the intent to harm the computer programs or data of third parties;
Not use the Service in a way that interferes with telecommunications traffic.
Without prejudice to its other rights, EasyVoice Telecom reserves the right to suspend its obligations towards the end user, including denying the end user access to the Service(s) immediately if the end user acts in violation of what is stipulated in Article 11.2 and if the conduct of the Contractor justifies this. EasyVoice Telecom shall never be obligated to pay any compensation for such suspension. The Contractor shall indemnify EasyVoice Telecom against claims from third parties related to actions by the end user in violation of what is stipulated in Article 11.2.
If a publication made public by the end user through the Service is unmistakably unlawful and this comes to the knowledge of EasyVoice Telecom, EasyVoice Telecom may request the Contractor to remove the relevant publication as soon as possible, but in any case within twenty-four (24) hours. If the Contractor does not comply with this request, EasyVoice Telecom will remove the publication from its systems itself. EasyVoice Telecom shall never be obligated to pay any compensation for such removal.
If the end user intends to move, they shall promptly inform the Contractor of the new address to which the Service must be transferred. EasyVoice Telecom will make efforts to timely transfer the Service to the new address provided by the Contractor. Any costs arising from the transfer of the Service shall be borne by the Contractor. If the Service is not available at the new address of the end user, the Contractor shall remain obligated to pay the fees stipulated in the agreement until the Agreement is terminated in accordance with Article 8. The end user shall provide EasyVoice Telecom and/or the Telecom operator with all necessary cooperation to enable the Service to be provided to the next resident at the old address of the end user upon request.
It is not allowed for the End User to provide the Service to third parties outside the Contractor's organization, unless the respective computer systems of those third parties are physically located at the End User's business location. This prohibition does not preclude the possibility that the Contractor provides services to third parties that also involve providing data or disk space on computers of the Contractor using the Service, for example, in the context of providing web hosting services.
16 Domain Names and IP Addresses
If it has been agreed that EasyVoice Telecom will mediate in obtaining a domain name and/or IP addresses for the Contractor, the provisions of this Article 12 apply.
The rules and procedures of the relevant authorities, including but not limited to the Stichting Internet Domeinregistratie Nederland, Network Solutions, Inc. (InterNIC), CORE, and RIPE, in force at the time of application and use of a domain name and/or IP addresses shall apply. The relevant authority decides on the allocation of domain names and/or IP addresses. EasyVoice Telecom only plays a mediating role in the application and cannot guarantee that an requested domain name or (a) certain (class of) requested IP addresses will also be allocated.
Domain names are registered in the name of the Contractor (the company). Under certain circumstances, (an employee of) EasyVoice Telecom may be registered as the technical contact person for the domain. However, EasyVoice Telecom has no involvement in the use of the domain. The Contractor indemnifies EasyVoice Telecom against any claims from third parties related to the use of the domain name. This indemnification also applies if the domain name is obtained without the mediation of EasyVoice Telecom.
17 Warranty
The warranty period starts on the day of delivery of new equipment or, if the delivery is delayed due to an act or omission by the Contractor, on the day when the delivery would otherwise have taken place. The warranty service is free, unless otherwise stated in the agreement.
If the Contractor has not entered into a maintenance agreement with EasyVoice Telecom, the following warranty applies during the period specified in the agreement, but for a minimum of three (3) months:
EasyVoice Telecom guarantees that newly delivered equipment is free from manufacturing and material defects. EasyVoice Telecom expressly does not guarantee that the equipment will function without defects, interruptions, or completely flawlessly, or that it is suitable for a particular intended use.
Warranty work is carried out at the location of EasyVoice Telecom, unless the agreement specifies that work will be performed at the Contractor's location where the equipment is located. In the first case, the equipment or, if possible, the relevant defective parts, must be sent by the Contractor at their own expense.
Labor and travel costs are the responsibility of the Contractor at the applicable rates, unless the parties have expressly agreed otherwise in writing.
Warranty work is performed during the "Principal Period of Maintenance" (PPM), and there is no fixed "Call Back Time" or "on-site Response Time," unless the parties have expressly agreed otherwise in writing.
The warranty is limited to the replacement or repair of parts, at the discretion of EasyVoice Telecom, which are deemed to be faulty by EasyVoice Telecom.
EasyVoice Telecom reserves the right to make "Engineering Changes" during the warranty period.
If necessary, the parts will be replaced with new parts or parts equivalent to new. The old parts become the property of EasyVoice Telecom upon de-installation, and the Contractor shall, if necessary, cooperate in effecting this transfer of ownership at the first request of EasyVoice Telecom and ensures that the transfer of ownership is realized. The replacement parts become the property of the Contractor if and when the Contractor has paid all amounts due in connection with the equipment.
The warranty described in section 12.2 cannot be invoked:
- If the Contractor does not use the equipment for its intended purpose
- If the Contractor moves, replaces, or repairs the equipment or any part thereof or has it moved, replaced, or repaired by third parties without obtaining written permission from EasyVoice Telecom, or if the equipment is located outside the Netherlands
- If the equipment is improperly installed by the Contractor or third parties hired by the Contractor
- If the equipment is improperly installed by the Contractor or third parties hired by the Contractor
- If the Contractor fails to take the necessary damage-limiting measures immediately after discovering or reasonably should have discovered the damage
- If the Contractor uses aids that were not supplied or approved by EasyVoice Telecom
- If the Contractor sells the equipment within the warranty period
- With respect to parts that wear out during normal use within the warranty period
- With respect to machines or parts that are so damaged due to external causes that repair is no longer possible
- If the malfunction is caused by a product not supplied by EasyVoice Telecom or covered by EasyVoice Telecom's maintenance or warranty
- If the malfunction is caused by theft of parts, dislocation, excessive overheating, fire damage, smoke damage, excessive dust, major electrical voltage fluctuations, complete power outage, excessive humidity and water damage, lightning strike, riots and vandalism, or other external causes
18 Buyback and Return
The contractor shall sell all EasyVoice Telecom equipment that he intends to offer for sale to EasyVoice Telecom, if EasyVoice Telecom agrees to pay the highest price that the contractor could obtain for third-party equipment. EasyVoice Telecom may seek information from these potential third parties.
EasyVoice Telecom is not obligated to accept returns unless it has provided prior written consent. Acceptance of returned items in no way implies acknowledgment by EasyVoice Telecom of the reason for return stated by the contractor. The risk of returned items remains with the contractor until they are credited by EasyVoice Telecom.
19 Privacy
EasyVoice Telecom provides various services, including fixed and mobile telephony and internet services. As a result, EasyVoice Telecom has access to certain data, including: Personal data, Traffic data, Location data. The data provided by the contractor will be stored in the administration and systems of EasyVoice Telecom. These data are used for the purpose of business operations and may also be used for marketing purposes. The data will never be disclosed to third parties unless there is a legal requirement.
Personal Data:
Traffic Data:
Location Data:
The data provided by the contracting party will be recorded in the administration and systems of EasyVoice Telecom. These data will be used for purposes related to the company's operations and possibly for marketing purposes. The data will never be disclosed to third parties unless there is a legal requirement.
EasyVoice Telecom is committed to the competent security of this information within the systems used for the respective service. EasyVoice Telecom hereby complies with the legal requirements regarding the "telecommunications data security decision" to the extent applicable to the relevant service.
EasyVoice Telecom will destroy or anonymize data that is no longer necessary for the company's operations within the legally prescribed data retention periods and the personal data protection law.
You agree to the retention beyond the legally prescribed periods of certain data relevant to the company's operations as long as you use a service from EasyVoice Telecom. In addition to supporting business operations for providing the service, these data may also be used for market research and marketing purposes to create relevant offers.
You may object to this in accordance with the personal data protection law by sending a message to: Klantenservice@EasyVoiceTelecom.nl. EasyVoice Telecom will then anonymize your data and, if possible, irreversibly destroy it. After the termination of the use of the service, EasyVoice Telecom will be obliged to destroy or anonymize the data, taking into account the various legal deadlines and provisions for different data. The effort to secure data for non-active services will not be different from active services.
For more information on how EasyVoice Telecom handles privacy and data, please see the EasyVoice Telecom privacy statement on the EasyComp Zeeland website.
20 Slot Allocation
These General Terms and Conditions, as well as the agreements based on them, are governed by Dutch law. Parties shall submit all disputes that may arise in connection with any agreement based on these General Terms and Conditions to the competent judicial authorities in the first instance, unless parties have agreed on arbitration or binding advice.
Parties will attempt to settle a dispute amicably as much as possible.
EasyVoice Telecom may transfer an agreement in whole or in part to another company that is part of the EasyVoice Telecom Group without the prior written consent of the Contractor being required. EasyVoice Telecom is also entitled to outsource the execution of the Service(s) in whole or in part to third parties.
The failure of EasyVoice Telecom to exercise any right or remedy does not constitute a waiver of that right or remedy. Any claim by the parties against each other regarding the (execution) of an agreement shall expire if it has not been brought to court within two years from the date the cause of action became reasonably known.
Electronic communication between parties is considered equivalent to written communication, to the extent permitted by law and possible, provided that an electronic document includes a personal identification code of the sender.
21 Definitions
"Call Back Time" refers to the time between the notification of a fault and the initial response by EasyVoice Telecom.
"On site response Time" refers to the time between the notification of a fault and the presence of an EasyVoice Telecom employee at the Contractor's location.
"Fixed Repair Time" refers to the time between the notification of a fault and the functional availability of the respective hardware component. EasyVoice Telecom does not guarantee that the system will be available again within the agreed period.
"Functional Availability Provision"
"Blocking Issues” In the case of 'Blocking Issues,' this refers to a malfunction that completely shuts down the Contractor's system.
"Principal Period of Maintenance" is from Monday to Friday, from 09:00 to 17:00, excluding holidays.
"Authentication: part of a security architecture. This means the ability to distinguish End Users using keys or passwords;"
Provisioning: the moment when CSP has activated a Service and the CUSTOMER has received an electronic notification thereof.
End User: the one who uses internet, intranet, connectivity, and communication solutions from CSP on behalf of CUSTOMER
IP-VPN: Virtual Private Network based on the IP Protocol. It is a network intended for data communication services.
Service(s): the telecommunications connection between the Network Access Point and the IP-VPN network provided to CUSTOMER by CSP under this Agreement, as well as all internet, intranet, connectivity, and communication solutions offered to CUSTOMER by CSP.
Network termination point (also IS/RA): an endpoint of EasyVoice Telecom's fixed Telecommunication Network used for connecting Peripheral Devices.
Agreement: this agreement for the CSP Services Package
Peripheral equipment: (also Customer Premises Equipment or CPE): the equipment allowed by CSP, including the PSTN, ISDN, xDSL modem/router, and/or xDSL splitter, which must be connected to a Network Access Point to enable the End User to access the intranet/internet.
Telecommunications network: the set of connections, with their technical access specifications, that enable the transmission, where applicable, routing of signals between network access points.
Version July 2017 EVT-ET29KDD2
