General Terms and Conditions for Telecommunications Services
Definitions
i. General Terms and Conditions of EasyVoice Telecom for the provision of electronic (tele)communication services.
ii. Connection: the possibility to use the Services, including the necessary facilities for it.
iii. Service: a (tele)communication service provided by EasyVoice Telecom concerning the direct transport of voice and/or data from users to and from connection points on the fixed and/or mobile network or to connection points on other fixed or mobile networks, enabling the Customer to establish a connection with conversational partners and/or the internet.
iv. Subscription: any Agreement with EasyVoice Telecom for (the use of) a specific Connection, with the due amounts being charged periodically.
v. Customer: a natural person or legal entity that enters into an Agreement with EasyVoice Telecom for the provision of (a) Service(s) or requests such.
vi. Personal Data: any data concerning an identified or identifiable natural person.
vii. Customer Service: the customer service of EasyVoice Telecom. The contact details of Customer Service are listed on the EasyVoice Telecom website and in the documentation sent by EasyVoice Telecom to the Customer when entering into the Agreement.
viii. Agreement: the agreement, of which these General Terms and Conditions are a part, for the provision of (a) Service(s) by EasyVoice Telecom to the Customer. ix. Products: products offered by EasyVoice Telecom, whether or not for a fee, related to Services, such as phones, etc.
x. Rate Overview: an overview of rates and other costs related to the Services.
xi. Location Data: all Personal Data other than Traffic Data related to the location where a Customer is presumed to be and where the Customer wishes to use the Services.
xii. EasyVoice Telecom: EasyVoice Telecom, registered under the laws of Middelburg and registered in the Commercial Register of the Chamber of Commerce in Amsterdam under number: 70783519. EasyVoice Telecom is registered with the ACM as a Provider of Public Electronic Communication Services under number: 944009.
A Provider of Public Electronic Communication Network under number: 944010
xiii. EasyVoice Telecom Website: https://easyvoicetelecom.nl or any other website designated by EasyVoice Telecom.
xiv. The Disputes Committee: Disputes Committee for Electronic Communication Services, Bordewijklaan 46, Postbus 90600, 2509 LP The Hague. This independent disputes committee is hosted by the Foundation for Consumer Affairs Disputes Committees (see www.degeschillencommissie.nl).
xv. ACM: the Authority for Consumers and Markets and its websites: www.acm.nl and www.consuwijzer.nl
2. General Provisions
i. These General Terms and Conditions apply to all offers from and all orders to EasyVoice Telecom for the supply by EasyVoice Telecom of.
Diensten en/of Producten, en op alle Overeenkomsten ter zake daarvan. Op afwijkende en/of aanvullende bedingen kan door de Klant slechts een beroep worden gedaan indien en in zover deze door EasyVoice Telecom uitdrukkelijk schriftelijk zijn aanvaard of door de wet verplicht.
ii.Deze Algemene Voorwaarden kunnen door EasyVoice Telecom te allen tijde worden gewijzigd. De wijzigingen gelden ook ten aanzien van bestaande Overeenkomsten. iii.Bij een voorgenomen wijziging van een onderdeel van de Algemene Voorwaarden stelt EasyVoice Telecom de Klant ten minste vier weken voordat een voorgenomen wijziging van kracht wordt, op genoegzame wijze op de hoogte van de inhoud van de voorgenomen wijziging.
iv. If the change objectively works to the detriment of the Customer, EasyVoice Telecom offers the Customer the opportunity to terminate the agreement free of charge.
v. If the change does not objectively work to the detriment of the Customer, EasyVoice Telecom informs the Customer, indicating that the change is not to the detriment of the Customer, and that the Customer cannot terminate the agreement free of charge as a result.
vi. If any provision of these General Terms and Conditions is null and void or is declared null and void, the other provisions of these General Terms and Conditions shall remain in full force, and the Customer and EasyVoice Telecom shall consult to agree on new provisions to replace the null and void or declared null and void provisions, taking into account, as much as possible, the purpose and intent of the null and void or declared null and void provisions.
3. The Offer
i. EasyVoice Telecom makes the offer of services known electronically, orally, and in writing.
ii. The Customer is never obligated to use the facilities; the offer is non-binding. Likewise, EasyVoice Telecom is not obliged to offer the facilities continuously.
iii. EasyVoice Telecom will ensure that the offered services are sufficiently specified, indicating the one-time or periodic rates that apply and the conditions under which the services are provided.
iv. After EasyVoice Telecom accepts a completed application form submitted by the prospective Customer, EasyVoice Telecom offers the Customer the opportunity to use the services provided by EasyVoice Telecom ('the facilities'). EasyVoice Telecom is not obliged to accept all prospective Customers.
v. EasyVoice Telecom is entitled to impose additional conditions on the acceptance of an application form.
vi. After EasyVoice Telecom accepts the application form, EasyVoice Telecom provides the Customer with an authorization code and/or registers the telephone connection(s) specified by the Customer for the use of the facilities.
vii. EasyVoice Telecom always provides the (prospective) Customer, in addition to the offer, the opportunity to view the General Terms and Conditions that apply to the offered facilities and services, with a mention in the offer that the General Terms and Conditions of EasyVoice Telecom apply to the offer. In addition to publishing the General Terms and Conditions on the public part of the EasyVoice Telecom website, EasyVoice Telecom provides a printed version to the Customer in writing when sending the contract or when confirming the acceptance by EasyVoice Telecom of the Customer if there has not been an earlier initial written contact.
viii.EasyVoice Telecom verklaart de aangeboden diensten en faciliteiten op verantwoorde en eerlijke en transparante wijze te zullen aanbieden en zal zich te alle tijde onthouden van oneerlijke handelspraktijken.
4. Totstandkoming van de Overeenkomst, wijzigingen & Leveringstermijnen
i.e Overeenkomst tussen de Klant en EasyVoice Telecom komt tot stand door de schriftelijke bevestiging van EasyVoice Telecom van de door de Klant verstrekte opdracht of
by using the Service by the Customer as a sign of acceptance of the offer.
ii. Offers and quotations from EasyVoice Telecom, including the indicative prices mentioned therein, are non-binding and temporary. Once the offer or quotation has lapsed due to the expiration of the stated period, the usual rates or prices will apply. If the Customer has signed up in the context of the offer, the prices mentioned therein apply for the period mentioned in the offer.
iii. EasyVoice Telecom endeavors to meet any delivery times mentioned in the Agreement, in offers, and on the EasyVoice Telecom website, but provides no guarantee in this regard.
iv. In the case of distance agreements, as referred to in Article 7:46a of the Dutch Civil Code (BW), the Customer can terminate this in writing or electronically within seven (7) working days after the confirmation of the Agreement by EasyVoice Telecom.
v. In that case, EasyVoice Telecom will not charge the buyer any costs, except for the direct costs of returning items purchased through EasyVoice Telecom. After the reconsideration period of 7 working days, EasyVoice Telecom is entitled to charge the agreed-upon costs.
vi. The one-time and periodic rates that the Customer must pay are determined when the Agreement is concluded.
vii. At least four weeks before a proposed change of a provision in the agreement takes effect, EasyVoice Telecom will inform the Customer of the content of the proposed change in a sufficient manner.
viii. If the change objectively works to the Customer's disadvantage, EasyVoice Telecom offers the Customer the opportunity to terminate the agreement free of charge. ix. If the change is not objectively to the Customer's disadvantage, EasyVoice Telecom informs the Customer and specifies that the change is not to the Customer's disadvantage and that the Customer cannot terminate the agreement free of charge as a result.
x. If necessary, EasyVoice Telecom provides the Customer with one or more Numbers for the use of the Connection.
xi. If the Customer already has one or more Numbers in use, they can only request number retention from EasyVoice Telecom when switching from another provider to EasyVoice Telecom if necessary. EasyVoice Telecom will grant the request if and when the (old) agreement with a telecommunication service provider can be terminated, and that provider cooperates with number retention.
xii. The Customer, to execute a request for number retention, will follow EasyVoice Telecom's instructions. EasyVoice Telecom may charge a one-time fee for effecting the request for number retention.
xiii. The Customer has, at the start and end of an Agreement, in principle, apart from number retention, no right to one or more specific Numbers.
xiv. EasyVoice Telecom may change a Number in case of changes in a national numbering plan or a number assignment by the ACM, as well as changes in a Service or the EasyVoice Telecom Network, or other circumstances that reasonably necessitate a number change.
xv. EasyVoice Telecom will not implement a number change earlier than two months after the change is announced unless an earlier change is necessary in the given circumstances. EasyVoice Telecom is not liable for the damage resulting from a change in one or more Numbers.
xvi. EasyVoice Telecom is permitted to make changes to its network, as well as changes to a Service or other circumstances that are reasonably necessary.
5. Terms for Access to the Service
i. The Customer must have a functioning, non-disconnected telephone connection if they wish to use EasyVoice Telecom's services.
ii. The Customer gains access to EasyVoice Telecom's services by dialing the access numbers provided by EasyVoice Telecom for the phone number being called or by using EasyVoice Telecom Preselect, which automatically selects the access code. EasyVoice Telecom is entitled to change the access code. Activating the EasyVoice Telecom Preselect feature does not deprive the Customer of the option to use a different operator by means of an access code. The Customer can only use one operator per call.
iii. When using EasyVoice Telecom's VoIP service, the Customer gains access to the services by connecting to EasyVoice Telecom's equipment via suitable equipment at an IP address designated by EasyVoice Telecom.
iv. If the customer wishes to use other ISP services than those of EasyVoice Telecom and/or hardware or software not provided by EasyVoice Telecom, EasyVoice Telecom does not take responsibility for them.
v. When EasyVoice Telecom provides a Dutch geographical number to the Customer based on the Customer's geographical place of residence and upon the Customer's request, the customer must only use the provided number in their place of residence.
vi. The Customer can set up or cancel the EasyVoice Telecom Preselect feature or other services offered by EasyVoice Telecom in the manner indicated by EasyVoice Telecom. This information can be obtained from Customer Service at no cost or any other hindrance.
vii. Technical changes in the connection that EasyVoice Telecom is compelled to make by the government or that are made at the request of the Customer are not covered by the scope of Article 4 of these General Terms and Conditions.
viii. Technical changes in the connection made by the Customer themselves and at their own initiative may result in reasonable charges or, if the service can no longer be provided as a result, may lead to termination of the agreement by EasyVoice Telecom.
6. Rates and Payments
i. The Customer pays EasyVoice Telecom for each successful connection a destination-dependent initial fee, plus a destination-dependent fee per.
i. The Customer pays EasyVoice Telecom for each successful connection a destination-dependent initial fee, plus a destination-dependent fee per second, in accordance with the applicable price list of EasyVoice Telecom at that particular moment. Unless the Customer provides evidence to the contrary, the Customer is deemed to have used the facilities when the authorization code is entered or when the facilities are used via the Customer's registered telephone connection with EasyVoice Telecom. The current rates are available from EasyVoice Telecom's Customer Service and on the EasyVoice Telecom Website.
ii. If payment is not made in advance of the provision of a Service, EasyVoice Telecom will generally invoice the Customer for the due charges on a monthly basis. If, in the opinion of EasyVoice Telecom, special circumstances arise, such as the (temporary) extent of (lawful or unlawful) use of the Service, EasyVoice Telecom may send interim invoices and/or demand immediate payment.
iii. The rates listed in the price list and, where applicable, in the agreement, include VAT and, in some cases, exclude VAT for a single service. To avoid any confusion, it is always explicitly stated whether the prices include VAT. All rates applicable to private Customers always include VAT. The price list does not include any other government-imposed levies. Such levies will be billed separately.
iv. For the determination of the amounts due, EasyVoice Telecom's administration is binding, unless it is demonstrated that these data are incorrect within the agreed period in accordance with clause xii for the submission of a complaint or objection.
v. EasyVoice Telecom is at all times entitled to change its price list; changes will be announced by EasyVoice Telecom in advance on both the website and by mail or email. If EasyVoice Telecom increases the rates within three months of the conclusion of the Agreement other than based on a legal obligation or authority, the Customer has the right to terminate the Agreement as of the effective date of the change.
vi. EasyVoice Telecom may charge (administrative) fees for investigating complaints about a bill if, based on irrevocable rulings from the Disputes Committee and/or the competent court, the Customer has wrongly raised objections to bills at least twice in a period of three years.
v. EasyVoice Telecom is entitled to change its price list at any time;
vii. If the Customer has not complied with the payment reminder and the corresponding payment term as mentioned in Article 6.x, EasyVoice Telecom may, in addition to the amount due, charge additional administration costs of up to a maximum of 25 euros including VAT per event, if a given authorization for automatic payment is revoked, or if there is insufficient balance when the authorization is exercised, or if a collected payment is otherwise reversed by the bank.
viii. If the Customer's payment history warrants it, the Customer will, at the request of EasyVoice Telecom, pay the due amounts in the manner indicated by EasyVoice Telecom. EasyVoice Telecom always determines, in consultation with the Customer, which payment method is most suitable for acceptance by EasyVoice Telecom: prepayment of call charges (see Article 7) or post-billing of call charges (see Article 8) or provision of security (see Article 9). The Customer may request in writing to change the payment method with EasyVoice Telecom. EasyVoice Telecom will then take the necessary measures in consultation with the Customer to enable the Customer to use the chosen payment method if acceptable to EasyVoice Telecom.
ix.Indien de Klant enige betaling niet in overeenstemming met het bepaalde in deze Algemene Voorwaarden verricht, danwel indien een factuur van EasyVoice Telecom niet binnen 14 dagen na factuurdatum is betaald, wordt De Klant geacht terstond van rechtswege in verzuim te zijn.
x.EasyVoice Telecom zal na het verstrijken van die betalingsdatum een betalingsherinnering versturen en geeft de Klant de gelegenheid om binnen 14 dagen na ontvangst van deze herinnering alsnog te betalen. Als na het verstrijken van de betalingsherinnering nog steeds niet is betaald, is EasyVoice Telecom gerechtigd rente in rekening te brengen vanaf het verstrijken van de betalingsdatum. Deze rente is gelijk aan de wettelijke rente.
xi. In that case, all other claims of EasyVoice Telecom against the Customer become immediately due and payable. All reasonable collection costs, both in and out of court, are borne by the Customer.
xii. Objections to the amount charged and/or debited by EasyVoice Telecom must be communicated by the Customer to EasyVoice Telecom's registered address within thirty (30) days of the invoice date. After that date, the Customer is deemed to have accepted the amount stated on the invoice.
7. Advance Payment
i. If the Customer pays in advance, the Customer hereby grants unconditional and irrevocable consent to EasyVoice Telecom for the duration of this Agreement.
i. EasyVoice Telecom is authorized to automatically debit the amounts due from a pre-determined sum, as specified in the documentation of EasyVoice Telecom, which will be sent to the Customer upon entering into the Agreement ("the Deposit"), from the bank account provided by the Customer. The Customer commits to maintaining a sufficient balance in the specified bank account to ensure that the automatic debit occurs without delay.
ii. EasyVoice Telecom will notify the Customer once the balance of the payments made minus the costs of using the Service falls below five Euros. EasyVoice Telecom will then repeatedly debit the Deposit from the Customer's bank account. The provision of services will not be suspended by EasyVoice Telecom pending the credit, but EasyVoice Telecom reserves the right to suspend the provision of services if the Customer's balance exceeds the limits set by EasyVoice Telecom from time to time.
iii. If automatic debiting by the Customer's bank is declined and the Customer has not made the payment even after the payment reminder and the associated deadline, EasyVoice Telecom reserves the right to suspend the Service and proceed with the collection of outstanding amounts.
iv. Objections to debited amounts must be reported to EasyVoice Telecom in writing within 30 days of debiting.
v. After termination of the Agreement, any surplus will be credited to the Customer. Any deficit before or after the termination of the Agreement will be invoiced to the customer retrospectively. No interest is paid on the Deposit.
vi. The Customer can request information about their usage through Customer Service for a fee. Upon written request from the Customer, EasyVoice Telecom provides a breakdown of call charges related to the 15 days preceding the Customer's request.
vii. If the Customer's call charges result in EasyVoice Telecom having to make more than two debits per month for a period of two consecutive months, EasyVoice Telecom may decide to debit a higher amount than the predetermined sum. EasyVoice Telecom may transition to post-payment billing at any time as described in Article 6 of these General Terms and Conditions if EasyVoice Telecom believes that this payment method better aligns with the Customer's usage.
8. Billing in arrears
i. If the Customer is billed in arrears, EasyVoice Telecom will invoice the amounts due by the Customer. The invoice.
i. Invoices are prepared in the month following the respective period and also include the taxes and other levies as referred to in Article 6.iii of these General Terms and Conditions. Invoicing is generally done monthly unless the extent of usage in a month gives EasyVoice Telecom reason to apply a different frequency. The Customer receives at least one invoice every two months.
ii. Payment must be made within the payment term as stated on the invoice, or within 14 days from the receipt of the payment reminder as mentioned in 6.x. If no term is mentioned on the invoice, a payment term of 14 days from the invoice date applies, and the Customer hereby grants EasyVoice Telecom unconditional and irrevocable consent to debit the amounts due from the bank account provided by the Customer for the duration of this Agreement, unless otherwise agreed in writing with EasyVoice Telecom. The Customer undertakes to have sufficient funds available in the designated bank account to ensure that the automatic debit takes place without delay, or to settle the payment reminder within the specified 14-day payment term.
iii. EasyVoice Telecom is authorized to maintain the balance of outstanding invoice amounts automatically, in accordance with the provisions of Article 14 of these General Terms and Conditions. EasyVoice Telecom establishes credit limits for both individuals and businesses. The amount of the credit limit can be obtained from EasyVoice Telecom, but no rights can be derived from this. If the credit limit is exceeded, EasyVoice Telecom has the right to send an interim invoice to the Customer and/or suspend the Service or request security (see Article 9).
iv. If automatic debiting by the Customer's bank is refused and/or the Customer does not adhere to the specified payment term, EasyVoice Telecom reserves the right to suspend the Service and proceed with the collection of outstanding amounts, including additional administrative costs (see Article 6.vii). v. Substantiated objections to the invoiced amounts must be communicated in writing to EasyVoice Telecom within 30 days of the invoice date. Payment of the portion of the invoiced amount against which an objection has been raised may not be suspended, unless otherwise required by law.
9. Security Provisions
i. EasyVoice Telecom may, at any time, for reasons known to it, including a (temporary) above-average demand for its services, require the Customer to provide security in the form of a deposit or another suitable guarantee. If the Customer fails to provide the requested security, EasyVoice Telecom may suspend or terminate the provision of the Service.
i. EasyVoice Telecom may request the Customer, upon using the Connection, to provide prepayment or (additional) security in the form of an advance payment or deposit within a term set by the Customer.
ii. The amount of the prepayment or security to be provided as referred to in Article 9.i may be an amount representing what the Customer will reasonably owe in total over a period of six months.
iii. A deposit provided can be reclaimed by the Customer through a written request to EasyVoice Telecom after no payment issues have occurred during a continuous period of six months.
10. Use of the Service and Administrative Changes
i.De Klant is verantwoordelijk voor het gebruik van de Dienst via zijn Aansluiting, ook al gebeurt dat zonder zijn toestemming. Alle gemaakte gesprekskosten zijn voor rekening van de Klant.
ii.Voor het gebruik van desbetreffende diensten is een ‘fair use policy’ van toepassing. Zie de EasyVoice Telecom Fair Use policy hiervoor op de website van EasyVoice Telecom.
iii. The Customer is obliged to inform EasyVoice Telecom in writing and in advance of any changes to their name, address, place of residence, company, bank, or giro account details within 30 days.
iv. EasyVoice Telecom is entitled to charge the Customer reasonable costs associated with the Customer's relocation. The amount of the costs is adequately communicated. However, if EasyVoice Telecom does not provide the same or a similar service at the new location, the Customer and EasyVoice Telecom are entitled to terminate the agreement, subject to a reasonable notice period of one month.
11. Force Majeure
i. In the event of force majeure, the obligations of the Customer and EasyVoice Telecom are suspended. The Customer is not entitled to suspend his obligations as far as he is.
i. If the Customer is in default when the Service is disrupted, EasyVoice Telecom shall not be liable for the consequences of the disruption, even if it lasts for an extended period of time.
ii. If the Customer owes subscription fees to EasyVoice Telecom for the services provided by EasyVoice Telecom, EasyVoice Telecom is obligated to provide the Customer with a refund of the subscription fees that is proportionate to the duration of the disruption, unless it cannot reasonably be expected from EasyVoice Telecom, taking into account the duration and circumstances.
iii. A failure in the provision of services cannot be attributed to EasyVoice Telecom if it is not due to its fault, or if it is not required by law, legal action, or prevailing practice (force majeure). In case of force majeure, EasyVoice Telecom's obligation to perform the Agreement is suspended. EasyVoice Telecom is not liable for damages. The suspension applies for the duration of the force majeure.
12. Duration of Agreement(s)
i. "CS/CPS Carrier Preselect service for private end users" The Agreement is entered into for an indefinite period with a notice period of one calendar month. Termination takes effect at the moment when EasyVoice Telecom has actually received the termination. The administration of EasyVoice Telecom serves as proof in this regard. In the absence of timely termination, the Agreement is automatically extended for the duration of one calendar month.
ii. "VoIP Telephony services for private end users" Unless expressly stated otherwise, the Agreement is entered into for a duration of one year. The Agreement can be terminated at the end of the term, with a notice period of one calendar month. Termination takes effect at the moment when EasyVoice Telecom has actually received the termination. The administration of EasyVoice Telecom serves as proof in this regard. In the absence of timely termination, the Agreement is automatically extended for the duration of one calendar month.
iii. "WLR services for private end users" Unless expressly stated otherwise, the Agreement is entered into for a duration of one year. The Agreement can be terminated at the end of the term, with a notice period of one calendar month. Termination takes effect at the moment when EasyVoice Telecom has actually received the termination. The administration of EasyVoice Telecom serves as proof in this regard. In the absence of timely termination, the Agreement is automatically extended for the duration of one calendar month.
iv. "Access (DSL/FTTH) services for private end users" Unless expressly stated otherwise, the Agreement is entered into for a duration of one year. The Agreement can be terminated at the end of the term, with a notice period of one calendar month. Termination takes effect at the moment when EasyVoice Telecom has actually received the termination. The administration of EasyVoice Telecom serves as proof in this regard. In the absence of timely termination, the Agreement is automatically extended for the duration of one calendar month. Upon termination of the agreement, the end user should consider termination costs.
v. "CS/CPS Carrier Preselect service for business end users" Unless expressly stated otherwise, the Agreement is entered into for a duration of 12 months. Unless expressly stated otherwise, the Agreement can be terminated at any time at the end of the term, with a notice period of 3 calendar months. Termination takes effect at the moment when EasyVoice Telecom has actually received the termination. The administration of EasyVoice Telecom serves as proof in this regard. In the absence of timely termination, the Agreement is automatically extended for the duration of 12 calendar months.
vi. "VoIP IPCentrex services for business end users" Unless expressly stated otherwise, the Agreement is entered into for a duration of 12 months. Unless expressly stated otherwise, the Agreement can be terminated at any time at the end of the term, with a notice period of 3 calendar months. Termination takes effect at the moment when EasyVoice Telecom has actually received the termination. The administration of EasyVoice Telecom serves as proof in this regard. In the absence of timely termination, the Agreement is automatically extended for the duration of 12 calendar months.
vii. "WLR services for business end users" Unless expressly stated otherwise, the Agreement is entered into for a duration of 12 months. Unless expressly stated otherwise, the Agreement can be terminated at any time at the end of the term, with a notice period of 3 calendar months. Termination takes effect at the moment when EasyVoice Telecom has actually received the termination. The administration of EasyVoice Telecom serves as proof in this regard. In the absence of timely termination, the Agreement is automatically extended for the duration of 12 calendar months.
viii. "Access (IP/DSL/FTTH) services for business end users" Unless expressly stated otherwise, the Agreement is entered into for a duration of 24 months. Unless expressly stated otherwise, the Agreement can be terminated at any time at the end of the term, with a notice period of 3 calendar months. Termination takes effect at the moment when EasyVoice Telecom has actually received the termination. The administration of EasyVoice Telecom serves as proof in this regard. In the absence of timely termination, the Agreement is automatically extended for the duration of 12 calendar months. Upon termination of the agreement, the end user should be aware of disconnection costs.
ix. Termination Fee: EasyVoice Telecom is not obligated to offer a termination fee unless otherwise required by law.
x. Equipment provided on loan by EasyVoice Telecom to business end users must be returned to EasyVoice Telecom in undamaged condition within 7 days of the termination of the agreement at the user's expense. If the equipment provided on loan is damaged or not returned (in a timely manner), EasyVoice Telecom will charge the full replacement cost.
13. Suspension and Termination
i. EasyVoice Telecom endeavors to ensure the Service operates as smoothly as possible but provides no guarantee in this regard.
ii. "The Agreement for the Service is entered into for an indefinite period unless expressly stated otherwise in the offer to the Customer, see Article 12.1. After the end of the minimum duration or in the case of an agreement for an indefinite period, the Agreement can be terminated mutually with a notice period of one month.
iii. The notice period for the Customer is one month for Agreements for a specified period, before the end of the Agreement's duration, and one month for Agreements for an indefinite period. The moment of termination is considered to be the moment when EasyVoice Telecom receives the termination."
iv. Each of the parties is entitled to terminate the Agreement. Termination of an Agreement by the Customer can only be done by means of a (preferably registered) letter to EasyVoice Telecom. Termination by EasyVoice Telecom will be done in writing. The moment of termination is the moment of receipt of the termination by EasyVoice Telecom or by the Customer.
v. EasyVoice Telecom will inform the Customer in writing or electronically of the receipt of the termination and the date on which the service will be terminated.
vi. If EasyVoice Telecom fails to fulfill any obligation under the Agreement or any applicable terms, the Customer is entitled to fully or partially terminate the Agreement. However, this can only occur after the Customer has notified EasyVoice Telecom in writing or electronically of the default at the registered office of EasyVoice Telecom and EasyVoice Telecom has failed to rectify the default within the specified reasonable period, unless the default of EasyVoice Telecom, given its minor significance, does not justify termination.
vii. EasyVoice Telecom has the right to deactivate the Service: a. if the Customer does not meet his payment obligation;
b. if the Customer does not comply with his other obligations under the Agreement or the General Terms and Conditions;
c. if the Customer has provided incorrect or incomplete information to EasyVoice Telecom during or after the conclusion of the Agreement, and/or
d. if the Customer seriously harms the interests of EasyVoice Telecom to the extent that it cannot reasonably be expected that the Service is provided. EasyVoice Telecom will notify the Customer of this as soon as possible.
viii. Reconnection will take place when the Customer has fulfilled his obligations within a period to be set by EasyVoice Telecom, has paid the costs for deactivation and reactivation to EasyVoice Telecom, and has provided security in accordance with Article 9 of these General Terms and Conditions.
The reconnection costs for residential customers amount to 25 euros including VAT per event per service. For business users, this is 50 euros excluding VAT per event per service.
ix. EasyVoice Telecom has the right to terminate the Agreement with immediate effect: a. if the Service has been deactivated on the grounds of Article 12.vi and the Customer has not fulfilled his obligation(s) within 14 days after deactivation.
b. in the event of termination, revocation, or modification of the licenses on the basis of which EasyVoice Telecom offers its Service and/or uses its network. c. if technical or business-economic reasons necessitate it. EasyVoice Telecom will notify the Customer of this as soon as possible.
x. Termination of the Agreement in accordance with Article 13.vi, Article 16.i, or this article does not affect the Customer's payment obligations for the Services and Products provided, but otherwise, the parties will not be liable to each other.
14. Liability for Parties
i. In addition to the obligations and liability as stated in Article 11, the following regarding liability of parties can be additionally...
ii. In case of an attributable failure towards the Customer, EasyVoice Telecom is liable for damages as far as the law determines.
iii. The right to compensation lapses if it is not reported to EasyVoice Telecom in writing within a reasonable or legally established period after the customer has discovered the damaging event, or could reasonably have discovered it.
iv. For the provision of information services, EasyVoice Telecom is not liable beyond what follows from article 6:196 sub c of the Dutch Civil Code.
v. EasyVoice Telecom is only liable to the Customer for a maximum of twice the annual subscription fee owed by the Customer to EasyVoice Telecom for the relevant service(s). Per year, EasyVoice Telecom is only liable to the same Customer for a maximum of four times the annual subscription fee owed by the Customer to EasyVoice Telecom for the relevant service(s).
vi. With regard to compensation, a threshold amount of 10 Euros applies to the Customer, provided that if exceeded, the threshold amount is also compensated.
vii. EasyVoice Telecom is not liable for damages resulting from data not received by the Customer or damages resulting from data transported via the network.
viii. In case of an attributable shortcoming towards EasyVoice Telecom, the Customer is liable for damages to the extent provided by law.
ix. Damages as referred to in the previous clause also include damages resulting from the destruction, loss, or damage of equipment provided by EasyVoice Telecom to the Customer.
x. The Customer indemnifies EasyVoice Telecom against claims from third parties for compensation of damages, to the extent such claim is based on the use of the service and/or the content of the transmitted data.
15. Privacy Protection and Processing of Personal Data
i. EasyVoice Telecom collects and processes (personal) data of the Customer, in accordance with applicable privacy legislation. The term (personal) data refers to...
ii. Inclusion of Call Detail Records.
ii. EasyVoice Telecom collects (personal) data from the Customer as far as they are necessary for the proper provision of services to the Customer. These data are processed by EasyVoice Telecom for the following purposes: a. proper service and further development of the service;
b. billing and payment administration, including the collection of outstanding bills by third parties or not;
c. providing information to the Customer and handling complaints;
d. credit management and, in connection with this, conducting analyses of creditworthiness and payment behavior by third parties or not, as well as participating in a credit registration system;
e. network management and the promotion of an efficient organization of business processes;
f. market research and direct marketing purposes;
g. the prevention, detection, and combating of fraud or irregularities;
h. compliance with legal obligations. In addition, EasyVoice Telecom may process the data, and if necessary, provide them to third parties when this is necessary for the legitimate and serious interest of EasyVoice Telecom;
i. EasyVoice Telecom does not retain the collected personal data longer than necessary for the purposes mentioned in Article 14.ii. EasyVoice Telecom ensures appropriate technical and organizational measures for the security of personal data;
j. The Customer has the right to access the personal data processed by EasyVoice Telecom and, if necessary, to have them corrected. The Customer also has the right to ask EasyVoice Telecom to delete data that are relevant to him. In the event of a decision to delete, EasyVoice Telecom will inform the Customer to what extent the use of Services by the Customer may be limited or prevented as a result;
k. EasyVoice Telecom shall never transfer the Customer's data to third parties without a legally justified reason;
l. Notwithstanding the above, the transfer of data to third parties shall only take place with the explicit consent of the Customer.
16. Resolutive condition
i. The Agreement is concluded under the resolutive condition that there are impediments to set up the technical installations or the necessary connections.
To establish the necessary arrangements required to ensure the proper functioning of the Services under normal conditions.
17. Transfer of the Agreement
i. The Customer is not entitled to transfer the rights and obligations under the Agreement, in whole or in part, to a third party without prior written approval.
Consent from EasyVoice Telecom.
18. Right of Withdrawal and Complaints
i. If EasyVoice Telecom offers Products through telemarketing or the internet, the Customer has the right to withdraw within seven working days after receiving the Product.
Right to terminate the Agreement without giving reasons and return the Product at one's own expense.
ii. If EasyVoice Telecom offers Services through telemarketing or the internet, the Customer has the right to terminate the Agreement without giving reasons within seven working days after the first provision of services or the conclusion of the agreement.
iii. Complaints about the execution of the Agreement must be submitted in a timely and fully described manner to EasyVoice Telecom after the Customer has discovered the defective execution of the service. The Customer must do this at the registered address of EasyVoice Telecom. EasyVoice Telecom will respond appropriately and promptly. Failure to submit the complaint in a timely manner may result in the Customer losing their rights in this regard.
19. Delivery of Products and Retention of Ownership
i. When purchasing products, the Customer has the option to return the delivered products within 14 days without giving any reasons. This period of time...
It commences on the day following the receipt of the product by or on behalf of the Customer.
ii. During this period, the Customer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to retain the product. If he exercises his right of withdrawal, he shall return the product with all accessories supplied and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by EasyVoice Telecom.
iii. The warranty period is equal to the statutory term or the manufacturer's warranty associated with the product, if it is longer. EasyVoice Telecom is obliged to replace or repair the delivered Product free of charge during the warranty period if defects appear in the Product, provided that the Customer has used the Product in a normal manner and has followed the instructions for use accurately.
iv. Ownership of the Products delivered by EasyVoice Telecom shall only pass to the Customer once the Customer has fulfilled all his obligations under the Agreement.
20 Apparatuur
i. All equipment provided or to be provided by EasyVoice Telecom to the Customer remains the property of EasyVoice Telecom unless otherwise stated in writing.
Agreed
ii. The Customer is liable for all damage to EasyVoice Telecom resulting from the destruction and/or damage and/or theft of this equipment.
iii. Upon the first request from EasyVoice Telecom, the Customer will return the equipment to EasyVoice Telecom at the times desired by EasyVoice Telecom within a period of 14 days.
21. Applicable Law, Disputes, and Jurisdiction
i. The Agreement of which these General Terms and Conditions form part, as well as all offers, quotations, and invoices to which these General Terms and Conditions apply, shall be governed by and construed in accordance with the laws of [country/region]. Any disputes arising from or in connection with the Agreement or these General Terms and Conditions shall be exclusively settled by the competent courts in [jurisdiction/city].
Application is governed by Dutch law.
ii. In case of complaints, the Customer must first submit complaints in writing to EasyVoice Telecom, stating their customer number.
iii. EasyVoice Telecom will respond to the complaint within thirty days with a written response. If this deadline is not met, EasyVoice Telecom will inform the complainant of the timeframe within which the complaint will be addressed.
iv. Only private customers can submit a dispute to the Dispute Committee for Electronic Communication Services (the dispute committee).
v. Without prejudice to the provisions of Article 21.i of these General Terms and Conditions, disputes between the Customer and EasyVoice Telecom regarding the establishment or execution of the Agreement concerning services and goods to be supplied or supplied by EasyVoice Telecom shall be brought before the dispute committee; this can be done by the Customer as well as by EasyVoice Telecom. Information on bringing disputes can be found at www.degeschillencommissie.nl.
vi. A dispute will only be handled by the Dispute Committee if the Customer has first submitted their complaint to EasyVoice Telecom.
vii. After the complaint has been submitted to EasyVoice Telecom, the dispute must be brought before the Dispute Committee no later than three months after its occurrence.
viii. When the Customer brings a dispute before the Dispute Committee, EasyVoice Telecom is bound by this choice. If EasyVoice Telecom wants to bring a dispute before the Dispute Committee, they must ask the Customer to express their agreement within five weeks. EasyVoice Telecom must announce that, after the expiration of the aforementioned period, they will be free to bring the dispute before the court.
ix. The Dispute Committee will make a decision in accordance with the provisions of its applicable regulations. Decisions of the Dispute Committee are made by way of binding advice according to that regulation. The regulation will be sent upon request. A fee is payable for the handling of a dispute.
x. Without prejudice to the foregoing, the Customer can also bring disputes in writing to the ACM in cases provided for by law.
xi. Only the court or the aforementioned Dispute Committee, or the ACM, is competent to hear disputes.
xii. In case a dispute must be brought before the court, the disputes will only be submitted to the competent court in Amsterdam.
xiii. If a measure determined by or under a statutory regulation or a judicial decision relevant to the Telecom industry requires EasyVoice Telecom to change the Agreement and/or the provision of services, the Customer has no right to terminate or terminate the Agreement.
Algemene Voorwaarden van EasyVoice Telecom Versie: EVT-OHSGCRP