General terms and conditions ADD Connect BV
General terms and conditions ADD Connect BV
1.1 “Terms and Conditions”: these general terms and conditions that apply to the services as offered on the website of ADD Telecom: www.addtelecom.nl, ADD Business Point, www.addbusinesspoint.nl or ADD Business Center, www.addbusinesscenter.nl or other direct or indirectly ADD Connect affiliated companies limited to telecom services as they are listed on ADD Telecom’s website, www.addtelecom.nl. These conditions do not apply to other services or products of ADD Connect BV;
1.2 “Equipment” means the equipment necessary to obtain access to or use of the Services;
1.3 “Call Credit Limit”: the maximum amount for which use can be made of a Service at the associated Rates;
1.4 “Call Credit”: the prepaid and still unused amount for which use can be made of a Service at the associated Rates;
1.5 “Payment number”: a network connection point for connection with which a surcharge is due (in the Netherlands for example all 0900 numbers);
1.6 “ADD Telecom”: ADD Telecom is a trade name of ADD Connect BV, with its registered office in Goes, registered with the Chamber of Commerce in Middelburg under registration number: 56831056;
1.7 “ADD Telecom Privacy Statement”: the statement by ADD Connect regarding its policy with respect to the processing of personal data, which can be consulted on the ADD Telecom Website;
1.8 “Service” or “Services” means the service(s), in particular the telecommunication service(s), which ADD Connect offers from time to time;
1.9 “Service Provider” means any network or service provider that considers ADD Connect to be offered, with which ADD Connect will work together to provide the Services;
1.10 “User”: the person who purchases or uses a Service, regardless of whether he or she is a Customer;
1.11 “Disputes Committee”: the Disputes Committee for Telecommunications of the Foundation of Disputes Committees for Consumer Affairs;
1.12 “Customer”: the natural or legal person to whom ADD Connect has made an offer or the person who has registered with ADD Connect for the conclusion of an Agreement, or with whom ADD Connect has entered into an Agreement;
1.13 “Agreement”: the agreement between ADD Connect and the Customer for the delivery of one or more Services;
1.14 “Personal Information”: the personal data of Customers and Users that ADD Connect can process under these Terms and Conditions and the ADD Connect Privacy Statement;
1.15 “Rates”: the rates applicable to the Customer for the use of the Services, which Rates change from time to time and can be consulted on the ADD Connect Website;
1.16 “Expiry Date”: the date that is stated on an invoice sent by ADD Connect to a Customer and on which the invoice must be paid by the latest.
2. Applicability and changes to these General Terms and Conditions
2.1 On the delivery of all Services, as well as on all offers by ADD Connect and on all applications by the Customer for the delivery of Services, only these General Terms and Conditions, the Agreement and the Rates apply. The Customer may only invoke deviating or supplementary provisions if these have been accepted explicitly and written by ADD Connect.
2.2 Insofar as reasonably possible, ADD Connect will provide the General Terms and Conditions with every offer or make it available for consultation. The General Terms and Conditions can be found on the ADD Telecom Website. At the request of the Customer, ADD Connect will send the Customer a copy of the applicable General Terms and Conditions.
2.3 The applicability to the Services of any general terms and conditions used by the Customer is expressly excluded.
2.4 If any provision of these Terms and Conditions proves to be invalid or is nullified, all other provisions will remain in full force. Any possible invalid or nullified provision can be replaced by ADD Connect immediately with a new provision that approximates as far as possible the legal and economic intent of the invalid or nullified provision.
2.5 ADD Connect can change these Terms and Conditions at any time and with immediate effect by notifying the Customer. The Customer agrees that if the Customer decides to use the Services or continue to use that service after having received this notification, he will be bound by these General Terms and Conditions as they are or will be modified. The aforementioned notification can be provided to the Customer with the invoice, by mail or by e-mail.
2.6 The General Provisions included in section A of these General Terms and Conditions apply to all Services. The Special Provisions included in Section B of these General Terms and Conditions only apply to the Service to which these Special Provisions apply. In the event of a conflict between a General Provision and an applicable Special Provision, the Special Provision will prevail.
3. The conclusion of the Agreement
3.1 The Customer can register with ADD Connect for the Services written or electronically.
3.2 ADD Connect is free to refuse a Customer’s registration without giving a reason and therefore does not enter into an Agreement with that Customer.
3.3 The Client being a natural person declares to be at least 18 years old and has a permanent residence in the Netherlands. The Client, being a legal entity, is represented by a natural person who declares that he has sufficient authority to enter into the Agreement, and that the legal person is established in the Netherlands.
3.4 The Agreement is concluded by acceptance by ADD Connect of the Customer’s registration for the Services, which acceptance is confirmed by ADD Connect to the Customer by sending a debtor number.
4. The Services
4.1 In order to provide the Services, ADD Connect may use a Service Provider. With due consideration to the provisions of these General Terms and Conditions and the ADD Connect Privacy Statement regarding Personal Information, the Client authorizes ADD Connect to provide a Service Provider with all data, notifications, appointments and other proxies that ADD Connect deems necessary to provide the Services.
4.2 ADD Connect does not guarantee that the Services will be available continuously or without malfunctions. ADD Connect shall make reasonable efforts to investigate and possibly remedy the failures in the Services and other complaints reported by the User to ADD Connect written or by telephone within a reasonable period and to inform the Customer thereof written, by telephone or electronically.
4.3 The User is responsible for the lawful use of proper and appropriate Equipment for obtaining access to and use of the Services. ADD Connect is not responsible for providing, maintaining or resolving malfunctions in the User’s Equipment.
(a) to ensure the security or integrity of the ADD Connect network or of a Service Provider during a situation of emergency;
(b) if the Customer does not fulfill his payment obligations under these General Terms and Conditions or otherwise fails to fulfill his obligations under these General Terms and Conditions or the Agreement, or can reasonably be assumed by ADD Connect that the Customer will fail;
(c) if the agreed Service has not been used for twelve (12) consecutive months;
(d) if ADD Connect cannot reach the Customer at the address or telephone number provided by the Customer after having made reasonable efforts to do so.
5. Liability for the use of the Services
5.1 The Customer shall pay ADD Connect for the use of the Services in accordance with the provisions of article 6.
5.2 The Customer is responsible and liable for all access to, use of, and costs for the use of the Services via the connection(s) communicated by the Customer to ADD Connect or via passwords or access codes of the Customer. The foregoing also applies to any use of the Services by unauthorized Users via the connection(s) of the Customer or via passwords or access codes of the Customer, until such unauthorized use has been reported to ADD Connect and by ADD Connect the access to the Services via the connection(s) of the Customer or via passwords or access codes of the Customer is blocked.
5.3 The Customer is always fully liable for any shortcoming in the compliance with the Agreement and the General Terms and Conditions by each User, regardless of whether the User can also be directly addressed by ADD Connect.
6. Rates, costs and payment
6.1 Unless otherwise provided in these Terms and Conditions, ADD Connect will invoice the Customer in monthly installments for the use of the Services. ADD Connect may change the frequency of invoicing at any time after prior notice to the Customer.
6.2 The invoices are set by ADD Connect in accordance with the Rates that apply at the time that the various Services have been used. ADD Connect may change the Rates associated with the Subscription at any time. The Rates are announced by ADD Connect on the ADD TELECOM Website and can be requested at ADD Connect. All Rates are exclusive of VAT unless otherwise indicated.
6.3 The invoices will in principle be paid by the Customer by means of direct debit. At the request of the Customer, ADD Connect may decide in special cases that the Customer is entitled to pay the invoices by bank transfer.
6.4 If the Customer is entitled to pay the invoices by bank transfer, he must pay the invoice to ADD Connect no later than the Expiration Date on a bank account or giro account to be designated by ADD Connect.
6.5 If, in the opinion of the Customer, an invoice is incorrect or incomplete, the Customer is authorized to inform ADD Connect thereof written within thirty days of the invoice date, specifying the amounts that are incorrect in the opinion of the Customer.
6.6 In case of motivated written dispute of the invoice, the Customer is entitled to reverse the amount already transferred in accordance with article 6.4 or to suspend the payment of the invoice. However, ADD Connect remains authorized at all times to transfer the undisputed part of an invoice in accordance with Article 6.4 (yet) to the bank or giro account held by the Customer, if applicable.
6.7 After substantiated written dispute of the invoice by the Customer, the amount of the invoice will be reconsidered and definitively determined by ADD Connect. If necessary, ADD Connect will then send a new invoice with a new Expiry Date.
6.8 For proof to the contrary, the administration of ADD Connect is the decisive proof for the use of the Services and the amounts due by the Customer.
6.9 ADD Connect may decide to charge a percentage (determined by ADD Connect) of the invoice payments it receives from the Client to third parties, such as institutions and non-profit organizations. ADD Connect can ask the Customer to indicate to him which institution or organization he prefers. ADD Connect will reasonably try to take into account the Customer’s preference, but is not bound by it in any way.
6.10 Neither the Customer nor the third party can derive rights from Article 6.12, the Client in particular does not have the right to pay to any party other than to ADD Connect that he owes under the Agreement. ADD Connect will, with due observance of these Terms and Conditions, remain the holder of rights of the funds transferred by the Customer.
7 Call Credit Limit and settlement in case of an advanced subscription
7.1 ADD Connect may, at its own discretion and at any time, apply a Call Credit Limit to the account of the Customer and/or require an interim payment.
7.2 If the Customer thinks that he will make more use of the Services than his Call Credit Limit set by ADD Connect, the Customer may ask ADD Connect to establish a broader Call Credit Limit. In the event of a rejection of such a request ADD Connect is not obliged to motivate the rejection.
7.3 ADD Connect can at any time settle its claims against the Customer or, in case of his liability, the User against claims of the Customer or User on ADD Connect.
7.4 The Customer is not entitled to transfer to ADD Connect any form of settlement of its debts without written permission from ADD Connect.
8 Personal Information
8.2 Without prejudice to the provisions in the ADD Connect Privacy Statement, ADD Connect can in any case process personal and/or company information, which consists of:(a) (company) name, contact person, address, e-mail address, telephone number(s), date of birth, drivers license number, passport number, or the number of any other proof of identity and excerpt from the Chamber of Commerce;
(b) details and status of all accounts at ADD Connect or with legal entities affiliated to ADD Connect;
(c) information about the credit history, including creditworthiness data, Call Credit Limits and Call Credits;
(d) data concerning creditworthiness or credit capacity; and
(e) traffic data concerning the use of the Services, including the telephone numbers to which the call was made and the related personal and/or company data.
8.3 The Customer guarantees the correctness and completeness of the data that he provides when registering for the Services and will immediately inform ADD Connect of any subsequent changes to his information of registration.
8.4 At the first request of ADD Connect, the Customer provides (more or additional) correct and complete information and/or supporting documents in this respect whenever ADD Connect deems this necessary. Failure to comply with this provision constitutes a violation of these General Terms and Conditions, under which ADD Connect may, in default without any further notice, suspend the delivery of the Service and terminate the Agreement.
8.5 The Customer can view his Personal Information processed by ADD Connect via the ADD TELECOM Website and, if necessary, correct or change it according to the instructions on the ADD TELECOM Website.
(a) execution of the Services towards Users;
(b) the application of ADD Connect its credit policy to the Customer’s registration for the Services and to the Customer’s use of the Services;
(c) for the ongoing credit management of the Customer’s account(s) with ADD Connect or legal entities affiliated to ADD Connect, including the collection of arrears;
(d) the ongoing maintenance of credit data that relate to the Customer;
(e) development, research and promotion of ADD Connect products and services;
and (f) investigating and preventing (possible) fraud, abuse or use in violation of the Agreement and the General Terms and Conditions of the Services.
8.6 Personal Information is retained by ADD Connect as long as the Personal Data Protection Act and the Telecommunications Act so permit.
8.7 Transfer of the Personal Information in its entirety can occur in the event of an asset transfer to a third party, such as a subsidiary of ADD Connect or a third party purchaser. In such a case, the Customers will be notified in advance.
8.8 The Customer is aware of and agrees that ADD Connect on the ADD TELECOM Website may disclose Personal Information to anyone who correctly enters the Customer’s password.
9.1 ADD Connect (including for the purposes of this article 9 also considers employees and representatives of ADD Connect) is not liable for damage resulting from events or circumstances beyond its control, including: (i) non-availability; delay in the delivery or malfunctions of, as well as defects in networks, information, products and services of third parties (including Service Providers), (ii) strikes or labor unrest, and (iii) by the legislator, the government, the Independent Post and Telecommunications Authority (Onafhankelijke Post en Telecommunicatie Autoriteit (OPTA)) or any other authority empowered to that end, or rules, instructions or orders issued.
9.2 Without prejudice to the applicable exclusions of liability, the Customer or, if applicable, the User is obliged to limit any damage.
9.3 The liability of ADD Connect on any grounds whatsoever is limited towards the Customer or against others who make claims through the Customer, with due observance of the provisions of Article 9.4 and 9.5, at the option of ADD Connect: (i) reimbursement of direct damage up to the amount of the last monthly invoice that the Customer has paid in respect of the Services, or (ii) the re-provision of the Services or payment by ADD Connect of the costs to provide equivalent services at the expense of ADD Connect.
9.4 ADD Connect is never liable for indirect damage or consequential damage, including loss or damage of data and loss of income, profit or turnover.
9.5 No part of these Terms and Conditions is intended to exclude or limit the liability of ADD Connect for death or personal injury resulting from intent or gross negligence of ADD Connect.
The Client indemnifies ADD Connect for, and will compensate ADD Connect for all damage and costs (including costs of legal assistance), arising from third-party claims against ADD Connect, which claims arise from or are related to (i) the use of the Services by Users via the connections of the Customer, which use is in violation of the law or with the provisions of these General Terms and Conditions and the Agreement, or (ii) the non-fulfillment of these General Terms and Conditions or the Agreement by the User in any other way.
11.1 The Customer is not permitted to transfer the Agreement or any of its rights or obligations under these General Terms and Conditions or under the Agreement to a third party without the prior written consent of ADD Connect, unless expressly provided otherwise in these General Terms and Conditions.
11.2 The Customer hereby gives permission in advance to ADD Connect for the transfer of the Agreement to a third party to be designated by ADD Connect.
12.1 The Agreement is concluded for an indefinite period of time.
12.2 If ADD Connect terminates the Agreement and a Customer or other User still has a claim on ADD Connect for this reason, ADD Connect may, at its option, make the User use the agreed Call Credit Limit of the Services, or pay the (re)payable to the client.
13. Dispute settlement
13.1 Disputes between a Customer, being a consumer, and ADD Connect about the realization or performance of the Agreement with regard to Services to be delivered or delivered by ADD Connect, can be submitted by both the Customer (consumer) and ADD Connect to the Disputes Committee. (address: Geschillencommissie Telecommunicatie, PO Box 90600, 2509 LP Den Haag (The Hague)).
a. A dispute will only be dealt with by the Disputes Committee if the Customer (consumer) has first submitted his complaint written to ADD Connect.
b. ADD Connect will respond to this in writing within thirty days of having received the complaint, unless if this is not reasonably possible. In that case, the Customer (consumer) will be notified in writing within this term if the detailed response is communicated to him at the latest.
13.3 Within thirty days after receipt of the detailed response from ADD Connect, or within thirty days after the expiry of the date on which the second paragraph under b. should have responded, the Customer (consumer) can bring the dispute before the Disputes Committee.
13.4 When the Customer (consumer) submits a dispute to the Disputes Committee, ADD Connect is bound by this choice. If ADD Connect wants to do this, it must ask the Customer (consumer) written to state within five weeks whether he agrees to this. ADD Connect must announce that after expiry of the aforementioned term, it will feel free to submit the dispute to the ordinary court.
13.5 The Disputes Committee makes a decision with due observance of the provisions of the regulations that apply to it. The rules of the Disputes Committee can be found on the website www.geschillencommissie.nl and will be sent on request. The decisions of the Disputes Committee are made by way of a binding advice. A fee is due for handling a dispute.
14. Applicable law and jurisdiction
14.1 These General Terms and Conditions and the Agreement is ruled by and must be explained in accordance with Dutch law. Nevertheless, the provisions of regulatory law of Book 7 of the Dutch Civil Code are excluded in their entirety.
14.2 Without prejudice to the provisions of article 13, all disputes that may arise between ADD Connect and the Customer in respect of these General Terms and Conditions, the Agreement or the Services shall be submitted to the competent court in The Hague for assessment, without prejudice to the right of the Customer to indicate within one month after ADD Connect has invoked to this article, that he wishes to be summoned before the competent court of his place of residence.
15. Entire Agreement and effect on Users
15.1 These General Terms and Conditions, the Agreement and the Rates, with due observance of the provisions in Article 2, the entire agreement between the Customer and ADD Connect regarding the delivery of the Services and, in so far as this is permitted by applicable law, replaces all other statements, promises or conditions of ADD Connect regarding the delivery of the Services.
15.2 Users can invoke and be bound by these General Terms and Conditions in accordance with Article 251 of Book 6 of the Dutch Civil Code if they make use of the Services, on the understanding that if they are not a Customer, they cannot claim any rights that are not qualified as transferable by this Terms and Conditions.
16. Notices, other conditions and contact
16.1 Any notices required or possible under these General Terms and Conditions shall, unless otherwise stated, be in writing and by mail.
16.3 Contact details ADD Connect BV:
4462 DZ Goes
Tel: +31(0)113-789 003