The customer is deemed to agree with the content of these terms and conditions by using the Citymesh Internet whether or not through a Citymesh Internet account. CITYMESH NV undertakes to inform the customer of any changes to these general terms and conditions by any means it deems appropriate. Unless there is a written protest, the customer is deemed to agree with the content of the changes to these general terms and conditions if, after being informed by CITYMESH NV, he or she makes use of Citymesh Internet for the aforementioned changes. This notification is made by mentioning it on the website www.citymesh.be. The Citymesh Internet Service is provided by CITYMESH NV, in accordance with the applicable laws and decrees.
The general terms and conditions: The general terms and conditions summarise the rights and obligations of CITYMESH NV and its customers within the framework of the provision of the Citymesh Internet Service and the rental/sale of accessories/peripheral equipment.
´The Internet Service´ = ´the Citymesh Internet Service´ = ´the Service´, is the service operated by CITYMESH NV that allows wireless surfing through the purchase of surf credit within a certain coverage area.
´The customer´ is the natural person who, for purely non-professional purposes, uses the Service. ´Citymesh´ is CITYMESH NV, a limited liability company under Belgian law, with registered office at Pathoekeweg 9B - 006, 8000 Bruges, which operates and markets its services under the registered trademark and trade name CITYMESH.
The ´Citymesh Network´ is the data network operated or used by CITYMESH NV which enables Citymesh to provide its services.
The ´account´ is a virtual account with a user name and password of your choice, to which surfcredit can be added and whose surfing data is stored in accordance with European directives. The ´device´: any device that can obtain an IP address.
The ´coverage area´ is the defined area in which the customer can make use of the Citymesh Internet Service. The site indicates which cities, campsites, ports, etc. the coverage area includes.
ARTICLE 1: PRESTATIES AND OBLIGATIONS OF CITYMESH INTERNET
1.1 Citymesh Internet Service
Citymesh only has an obligation of means and is obliged to use all means necessary for the proper functioning of the Citymesh Internet Service. Citymesh NV alone determines the technical means necessary to provide customers with access to this service under the most favourable conditions.
Wireless Internet over 'the 802.11 g & n protocol' is a form of wireless data communication and operates by distributing radio signals over the following frequencies: 2,4 Ghz and 5 Ghz. Since these signals can be disturbed by an external source or by obstacles specific to buildings, plant growth or soil relief, perfect transmission cannot be guaranteed everywhere and at all times. The quality of the Citymesh Internet Service also depends on the quality of the device used by the customer.
The customer obtains a dynamic/private IP address and can under no circumstances claim a public IP address.
Citymesh only supports the 802.11 g & n standard depending on the application area. Access via 802.11 a & b are not possible and constitute an external source of interference.
Each Citymesh account is linked to a user name and password. Citymesh reserves the right to reserve or refuse the choice of certain usernames if it deems it necessary. The customer must take all possible precautions to keep the username and password secret. He/she is responsible for any malicious or unlawful use resulting from a voluntary, accidental or unexpected communication of these data.
When the customer's surfing credit has been used up, this will automatically be mentioned when the customer logs on. The customer can add to his account by purchasing a surfcredit via an online payment or by purchasing a reload code from one of the Citymesh partners. The complete list can be found on the Citymesh website: http://internet.citymesh.be/nl/producten/verkooppunten. In the event of inactivity, the user name and password will be kept in a database for at least 2 years.
1.3 Modification of the performances
Citymesh may change the technical characteristics of its performances, if the operating and organisational conditions of the Citymesh Internet Service make this necessary. The customer cannot claim any compensation for the replacement or modification of final equipment, which the customer is forced to do by an adjustment of the network.
1.4 Suspension of the performances
Citymesh may suspend the Internet Service immediately - in whole or in part - without notice of default or compensation in any of the following cases: the customer does not comply with his contractual obligations or the terms and conditions of use of the Service;
there is evidence or serious suspicion of fraud;
there are abnormal increases in consumption by the Customer (in that case, the suspension is done as a precautionary measure);
there is a case of force majeure;
there are reasons relating to the technical operation of the Citymesh network.
1.5 The personal dat
The personal data relating to the customer and data relating to surfing behaviour are included in the files of Citymesh and the Belgian State and are processed by Citymesh or third parties acting on its behalf, with a view to providing the Citymesh Internet Service, for management and information purposes in the context of its relations with the customer and in order to conduct information or promotional campaigns relating to the products or services offered by Citymesh. With regard to information or promotional campaigns relating to the products offered by Citymesh, customers who do not wish to be contacted by Citymesh in the context of direct commercial prospecting may, at any time and by contacting Citymesh, request to be placed on the appropriate list free of charge. The data controller is CITYMESH NV with registered office at Pathoekeweg 9B - 006, 8000 Bruges, Belgium. On a dated and signed request addressed to CITYMESH NV, the customer who proves his identity can obtain from Citymesh the personal data relating to him and have them corrected free of charge if they are incorrect.
ARTICLE 2: RIGHTS AND OBLIGATIONS OF THE CUSTOMER
2.1 The code of conduct
By registering, creating an account and surfing via Citymesh Internet, the customer undeniably undertakes to comply with the Citymesh code of conduct (see appendix).
2.2 Normal use
The customer alone is liable to Citymesh for the use of the Citymesh Internet Service. The Customer undertakes to use the Internet Service provided with due care and exclusively for his own use, in accordance with the provisions of these general terms and conditions and the prevailing laws and regulations. It is prohibited to use the Service in violation of public order or morality. The Customer also undertakes to use the Internet Service normally. (See code of conduct in appendix).
Citymesh can provide proof of the prohibited methods of use mentioned in the code of conduct by all means, including data and overviews originating from its own systems or from those of other operators of data communication networks through which the communication has taken place. The Customer and Citymesh consider these data and overviews as truthful until proven otherwise. The account is exclusively intended for personal use and may in no case be used in the context of the resale of communications, VoIP applications or rerouting. The customer undertakes to respect the intellectual and other rights of third parties. Unless expressly agreed otherwise by Citymesh, the Customer is prohibited from sending spam messages to third parties via the Citymesh network, on pain of immediate and definitive termination of the account and without any right to reimbursement of the remaining credit.
Without the explicit, written and prior consent of Citymesh, the customer is forbidden to commercialise the Service, in whole or in part, directly or indirectly.
2.3 Right of renunciation
When the Agreement has been concluded remotely, the customer has the right to inform Citymesh that he renounces the Service, without having to pay a fine and without having to give a reason, within 7 working days from the day following the closure of the Citymesh Internet Service, unless the customer has already activated the service. Within 7 working days after the customer has notified Citymesh that he wishes to withdraw from the Service, Citymesh will reimburse the costs already paid by the customer, if applicable.
2.4 The computer
The customer undertakes to use only equipment that is in perfect working order and approved in accordance with Belgian regulations. It is forbidden to connect devices and accessories or to connect devices to one of the previous ones that can cause malfunctions within the Citymesh network or within the Internet Service.
Citymesh has the right to take all necessary measures, such as immediate suspension without any prior warning, to protect the Citymesh network if it is established that the device, or connected equipment or accessories, causes or is likely to cause malfunctions, or that a device is of dubious origin.
2.5 Information about the available credit from the account
The customer can consult the remaining surfcredit at any time via the Citymesh info console that is opened during the active surfing sessions. He can also contact the Citymesh helpdesk at any time to request this information. For reasons of confidentiality, information relating to the surcharge credit can only be provided if a number of additional questions regarding the user's account are answered.
If the customer's account has been debited with an online payment and the customer can provide proof that, despite the payment, the surcharge credit has not been added, the customer is entitled to a refund. However, Citymesh will strictly check this proof.
In the event that Citymesh is unable to provide the announced internet services properly and the customer is unable to make proper use of the internet, in the event that Citymesh is unable to meet the reasonable expectations created or in the event of persistent technical failures, the customer may request compensation or a refund of the remaining credit. However, Citymesh reserves the right to determine independently what is to be assumed under 'proper', 'proper' and 'reasonable expectations'. If the customer is unable to reconcile himself with Citymesh's assessment of the requested reimbursement or compensation, he must use the complaints and dispute procedure provided for in Article 5.
In the event of a refund, the account is automatically blocked and therefore no longer available.
2.7 Payment terms
All purchases of tickets at a point of sale must be paid for immediately. For all other services, the customer will receive an invoice with a payment term of 10 days unless otherwise stated on the invoice.
ARTICLE 3: LIABILITY OF CITYMESH
Citymesh cannot be held liable in case of misuse of the Citymesh Internet Service, if the account does not function in a device that has not been approved by the competent authorities, or in case of malfunctioning of the access/peripheral equipment (e.g. the network card) of the computer.
3.2 Liability of Citymesh Wireless Bridge
Citymesh is fully exempt from any product liability with respect to the Citymesh Wireless Bridge with cable and Citymesh Wireless Bridge without cable. Special conditions also apply to the rental or purchase. The customer who proceeds to the lease/purchase tacitly agrees with the special general terms and conditions of the Wireless Bridge that can be found in the enclosed manual and that have been drawn up by Citymesh. Under no circumstances can Citymesh be held liable if the use of a Citymesh Wireless Bridge does not improve the internet connection.
3.3 Data traffic content
Citymesh is not liable for damages resulting from the content of the data traffic. It cannot be held liable for the services (or the invoicing of such services), if these are offered by third parties and are accessible via the Citymesh Internet Service.
3.4 Third parties
Citymesh disclaims any liability for damages resulting from the intervention of third parties.
3.5 Indirect or immaterial damage
Under no circumstances will Citymesh be held liable for indirect or immaterial damage, such as additional costs, loss of income and profits, loss of customers, loss of or damage to data and loss of contracts.
3.6 Loss/fraud of username and password
In case of loss or fraud of the username and/or password by a Citymesh Internet customer, Citymesh is in no way responsible, Citymesh will not refund any credit used by others.
Citymesh is not liable for breakdowns of the network due to unforeseen circumstances, necessary maintenance work, cases of force majeure such as storms, bad weather or other natural phenomena, damage to the infrastructure caused by third parties, etc.
ARTIKEL 4: LIABILITY OF THE CUSTOMER
4.1 Unlawful conduct
The customer is liable to Citymesh for any direct or indirect damage resulting from his unlawful conduct and must compensate Citymesh for any damage caused by this. A slight error is sufficient to hold him responsible.
4.2 Damage to Citymesh/third parties
The customer is liable for all damages, of whatever nature, caused to Citymesh or to third parties as a result of the use of the Citymesh Internet Service by anyone and on whatever device, even in case of loss or fraud with the password and/or the user name.
4.3 Fraud or loss of username and/or password
In case of fraud or loss of the username and/or the password, the customer is obliged to notify Citymesh in the shortest possible time, so that this loss or fraud can be detected and to avoid the use by someone else of the surfcredit of the account in question. The customer is solely responsible for his username and password and can therefore not request a refund from Citymesh Internet in case of loss or theft.
ARTIKEL 5: COMPLAINTS AND DISPUTES
5.1 Amicable settlement
Complaints regarding Citymesh in general and the Citymesh Internet Service in particular must, in order to be admissible, be addressed to Citymesh NV within four weeks of the time at which the problem that gave rise to the complaint arose, after which Citymesh NV reserves the right to investigate the merits of the complaint.
If the customer is not satisfied with Citymesh NV's response to his or her complaint, the customer is free to contact the Office of the Ombudsman, which has been set up for this purpose by the competent authorities.
Any dispute relating to the existence, interpretation or performance of the agreement that cannot be settled amicably falls under the exclusive jurisdiction of the ordinary Belgian court in Bruges.
5.3 Applicable law
The provisions of this agreement are governed by Belgian law.