General Terms and Conditions Mobile Services
The current general terms and conditions contain several chapters:
- Chapter A contains a definition of the terms used in these General terms and conditions.
- Chapter B shall apply specifically to the Mobile services.
- Chapter C specifies the rules applicable when the Customer chooses a formula that combines several services of Citymesh.
- Chapter D sets out the general rules applicable to all services and types of subscriptions.
Priority and interpretation rules:
In the event of any conflict between: (i) the provisions relating to a specific service or any Special terms and conditions and (ii) the conditions set out in Chapter F, the provisions relating to the specific service or the Special terms and conditions in question shall take precedence over the general rules of Chapter D.
The Special terms and conditions always take precedence over the provisions relating to a specific service.
In the current general terms and conditions, the following shall be understood to mean:
Content provider: natural or legal persons responsible for the design, management and distribution of Content.
Subscription: the Contract whereby the Customer uses one or more Services for a specified or indefinite period. The formula whereby a fixed monthly call credit is charged by means of an invoice is also considered a Subscription.
Subscription application: the application form completed and signed by the Customer whereby the Customer requests the provision of the Services under a Subscription.
General terms and conditions: current General terms and conditions, the text of which is available from Citymesh, and can be consulted at www.citymesh.com
Special terms and conditions: it is possible that for certain Services, special terms and conditions apply that deviate from the general terms and conditions. If applicable, these special terms and conditions will be communicated to the Customer before the Contract is concluded and will form part of the Contract. The text of the Special terms and conditions is available from Citymesh, and can be consulted on the website of the product concerned via www.citymesh.com
Data services: Mobile Services that are offered to the Customer by Citymesh or by a Content provider and that allow the Customer to gain access to the internet (public network), intranet (corporate networks) or other applications (BlackBerry, WAP, MMS, SMS) via the Network using a mobile phone.
Services: all the mobile services to which the Customer has subscribed.
Content: the information made available to the Customer via the Internet (public networks), Intranet (corporate networks) or other applications, regardless of the identity of the Content provider.
Customer: the legal entity, unincorporated company or (de facto) association that uses the Services and/or purchases a Product.
Citymesh: Citymesh N.V., with registered office at Siemenslaan 13, 8020 Oostkamp , VAT number: BE66 3630 1472 4943
Mobile services: the service of mobile telephony and the additional services provided by Citymesh.
Network: the mobile phone network made available by Citymesh.
Contract: the contractual relationship between the Customer and Citymesh in connection with the purchase of the Products and/or the use of the Services.
The Contract comprises the General terms and conditions and, where applicable, the Subscription application, the selected Tariff Plan and, where applicable, the Special terms and conditions and technical specifications.
Pack: a specific combination of multiple Services offered to the Customer under a single Subscription.
Product(s): the collective name for one or more products which the Customer has purchased or receives from
SIM-card: the chip card that is made available to a Customer by Citymesh and which must be inserted into the Customer's mobile telephone to use the mobile telephony Network. This card is and remains Citymesh’s property.
SMS: short text messages of up to 160 characters that the Customer can send and receive via his/her mobile phone.
Tariff plan: the tariff plan chosen by the Customer from the tariff list at the conclusion of the Contract or afterwards. The different Tariff plans for the
various Services can be consulted at the Citymesh customer service department.
Distributors: The independent distributors recognised by Citymesh.
B. MOBILE SERVICES
B.1. Connection and activation procedures
The Customer can access the Mobile services by taking out a Subscription.
Customers opting to access the Mobile services by taking out a Subscription must submit a Subscription application in accordance with article D.1. of these General terms and conditions.
Activation of the Customer is done either through a Distributor or by the Customer himself/herself. In the latter case, and depending on the chosen formula, the customer will have to contact Citymesh's customer service to activate the relevant SIM-card.
B.2. Performance of Citymesh
B.2.1. Roaming and international calls
Depending on the options, the type of Subscription, the provision of a possible security or advance, or the period during which a Customer is already a Customer, Citymesh offers the possibility to the Customer to make calls from, or receive calls in a number of countries other than Belgium ("roaming"), or to make calls from Belgium to a number of foreign networks (international calls). The list of these countries and the prices charged for these roaming services and international calls are available via the Citymesh helpdesk and on the website of the Product concerned at www.citymesh.com. The roaming and international tariffs are continuously adapted as a function of the agreements Citymesh reaches with its partners. This means that these tariffs may change while the Customer is abroad.
Depending on the country where the Customer resides, the SIM-card will or will not automatically select a network of a partner of Citymesh. It remains possible for the Customer to manually select another network of his/her choice, provided that Citymesh has reached a roaming agreement with the operator of that other network in that country.
If the Customer wishes to benefit from specific tariffs of one of Citymesh's roaming partners, he/she must choose the appropriate network as soon as he/she arrives in that country.
The network coverage and the availability of the service abroad are entirely dependent on the foreign operator whose network is used, and Citymesh can therefore in no way be held responsible in case of failure or of insufficient quality of the Services abroad.
B.2.2. Roaming by alternative roaming providers
The EU Roaming Regulation offers the Customer, as of 1 July 2014, the possibility to purchase roaming services (data only or a bundle of calls, SMS and data) at any time from alternative roaming providers in the EU Member States on the call number provided by Citymesh. This change will be made free of charge and in principle within 24 hours after receipt by Citymesh of the request of the alternative roaming provider. In such a case, the alternative roaming provider shall charge the Customer directly for the roaming services concerned. The Citymesh roaming tariffs do not apply to these services. All requests related to a subscription request with an alternative roaming provider (such as activation of the subscription, change of settings, questions on the subscription, bills, availability) are the sole responsibility of the alternative roaming provider. The Customer is informed that in the event of a change of domestic local provider, the new domestic local provider is not obliged to support the roaming services offered by a specific alternative roaming provider. It is the alternative roaming provider's sole responsibility to inform the Customer if certain roaming services or functionalities would not be available. It is necessary for the Customer to change his Access Point Name (APN) settings when he/she is abroad in one of the EU Member States and to select a local foreign provider for data roaming services only. The Customer is aware that when he/she returns to Belgium, the APN settings must be changed to the original APN name failing which the mobile data services in Belgium will not work. If only data roaming services are purchased from an alternative roaming provider, it may no longer be possible to manually select a different network for voice and SMS roaming services.
B.2.3. Call number
Citymesh undertakes to activate the SIM Card as soon as possible. At the latest upon activation, one call number per connection is assigned to the Customer. The Customer is not entitled to claim a certain number (except in case the Customer transfers his/her number from another mobile phone operator to Citymesh, in which case he/she can keep the number that was originally assigned by that other operator), nor to have it changed afterwards. At the end of the Contract the Customer shall definitively lose his/her number unless he/she requests to keep his/her number in accordance with the procedure that applies to number portability at Citymesh. In any case Citymesh is always entitled to change the Customer’s number for compelling service reasons provided the Customer is informed of this at least two (2) months in advance. In no case shall Citymesh owe the Customer compensation for this. When the Customer requests a different number Citymesh will see to what extent this is technically possible and is entitled to charge the costs involved to the Customer.
B.2.4. Emergency services
Citymesh provides access to emergency services and provides the coordinates of the caller's location data to the emergency services.
Citymesh uses a central monitoring system to measure and control traffic to prevent infrastructure saturation. When determining an imminent saturation, Citymesh takes all reasonable measures to ensure the quality and continuity of the Mobile services if possible. These measures may include, in certain cases, the temporary modification of the conditions of use of the Services.
B.3. Rights, obligations and liability of the Customer
B.3.1. SIM-card - pin code
B.3.1.1. To prevent misuse, the Customer must change the standard PIN code into a personal secret PIN code immediately on receipt of his/her SIM-card. The Customer is responsible for the strict confidentiality of this code and shall therefore take care not to select a code that is too simple (such as 1111, 2222 or 1234).
B.3.1.2. Citymesh is and remains the sole owner of the SIM-card delivered to the Customer. The Customer may not give away, lend, damage or destroy the SIM-card. If the Customer wishes to allow other persons to use the SIM-card, he/she must first provide the details of all users on the form provided for this purpose and enclose this form with his/her Subscription application. In any case the Customer remains solely responsible towards Citymesh for the execution of his/her obligations under the Contract. Within seven (7) days of the end of
the Contract the Customer shall return the SIM-card to Citymesh. The Customer must use the SIM-card with due care. Any attempt to copy the technical identification data of the SIM-card and any fraudulent use of the SIM-card is prohibited and will result in the withdrawal of the call number linked to the SIM-card, without prejudice to any other measures Citymesh may take against the Customer.
B.3.1.3. In case of loss, theft or damage of the SIM-card, the Customer remains liable for the use and payment of any calls and other costs, until the Customer has requested the suspension of the Mobile services to Citymesh by telephone. With this request, the Customer must be able to identify himself/herself as the legitimate holder of the SIM-card. This request must be confirmed in writing by the Customer within eight (8) days of the notification by telephone. At Citymesh's request, the Customer must provide the number of the official report of the loss or theft to the police. During the suspension, any Subscription fees shall remain due. At the Customer’s request and upon payment of the costs, Citymesh shall provide the Customer with a new SIM-card. Citymesh shall make all reasonable efforts to lift the suspension of the Customer’s Subscription, who is in possession of a new SIM-card or who has recovered the lost SIM-card, within a period of five (5) working days
B.3.2. Mobile phone
B.3.2.1. The Customer shall only use the Mobile services on a telephone that meets Belgian and European standards, and that is adapted to the Network and the services that the Customer wishes to use. The Customer can find some advice on this subject on the website www.citymesh.com, which contains useful information for information purposes only. Even if the Customer’s telephone is adapted to the Network, Citymesh does not guarantee that all of the telephone’s functions can be used. The Customer shall strictly observe the instructions for use of his/her mobile phone. The Customer is responsible for replacing his/her mobile phone if it is unable to access the Network for technical reasons specific to the device (e.g. because it is too old) or if it is unsuitable for using certain Data services. Both before and after activation of the Mobile services, Citymesh may require the Customer to present his/her mobile phone for inspection. The Customer accepts that calls from, or to, unauthorised devices may be blocked automatically and without any prior warning and that such use gives Citymesh the right to immediately and without any prior warning suspend and/or terminate the Mobile services. Citymesh reserves the right to adjust the operating modes of the Service and to adapt the technical characteristics of its performance if the quality of the Services so requires. If this should result in the Customer being unable to use his/her telephone, this shall never constitute grounds for compensation.
B.3.2.2. Citymesh points out that, despite the excellent quality of the Network, it is not possible to guarantee perfect coverage of the entire Belgian territory in all circumstances.
B.3.2.3. The Customer acknowledges that he/she is aware of the risks associated with the use of mobile phones (in particular when driving a vehicle, when refuelling or near fuels and/or explosives), as well as the interference that their use can cause on medical equipment and in aircraft.
B.3.2.4. The Customer is advised to immediately report the loss or theft of his/her mobile phone by telephone to Citymesh, so that Citymesh can remotely deny this mobile phone access to the Network and to the network of operators who are members of the EIR (Equipment Identity Register). The Customer shall remain responsible for the use and for the payment of the communication and other costs until he/she has received a copy of the invoice from the Customer has requested the suspension of the Mobile services by telephone.
To be able to do so the Customer must be able to identify himself/herself as the owner of the mobile phone and must send a written confirmation of the loss or theft to Citymesh within eight (8) days after the notification by telephone. At Citymesh's request, the Customer must provide the number of the official report of the loss or theft to the police.
B.3.3. Sending text or voice messages
B.3.3.1. The Customer is prohibited from sending text messages or spoken messages via the Network to groups of more than twenty (20), whether or not pre-identified users of a mobile phone.
B.3.3.2. Unless expressly authorised by the recipient, the Customer is prohibited from sending text messages or voice messages containing any commercial content to third parties via the Network.
B.4. Data services
Unless otherwise stipulated, a subscription to or use of a Data service is only possible if the Customer has subscribed for a Mobile service. In that case the use of Data services shall be possible, unless the Customer has requested Citymesh in writing not to allow the use of Data services.
Any use of and/or subscription to Data services automatically means that the Customer accepts the General terms and conditions and the special terms and conditions applicable to the Data service concerned.
The Data services are subject to a special tariff, among other things depending on the number of kilobytes that the Customer has uploaded and downloaded using his/her mobile telephone. The tariffs for each Data service can be obtained from the Citymesh customer service department. Citymesh points out to the Customer that Citymesh is totally alien to the contractual relationship that arises between the Customer and the Content provider. If the Customer wishes to use such Content and enters into an agreement with the Content provider for that purpose, he/she does so at his/her own risk and Citymesh can in no way be held responsible for the content of that Content that is provided by the Content provider, nor for the conditions of consultation.
The Customer cannot ask Citymesh to prove whether or not the Customer has concluded a contract with a Content provider. Except when Citymesh were to present Content under its own name, the Customer accepts that Citymesh has nothing to do with the Content to which the Customer has access via the Network, and can therefore in no way be held responsible for that Content, nor for information consulted on third party websites, or for emails and/or text messages sent or received in the context of services related to Content. Neither can Citymesh be held responsible for any violation of applicable laws or regulations by a Content provider (for example with respect to intellectual property rights). Moreover, certain Content can only be consulted in accordance with the term, price, age conditions and all other applicable conditions that may be determined by the Content provider in question. If the Customer does not comply with certain conditions, such as specific conditions of use, stipulated by the Content provider, the Customer shall be solely responsible for the consequences of such violation, such as taking the Content out of service, and the Customer shall be liable for all costs and fees of any kind incurred thereby.
If the Customer subscribes to the paid consultation of Content which is proposed by a Content provider, the Customer shall owe an additional fee for consulting that Content, in accordance with the conditions of the relevant Provider.
The acceptance by the Customer of the conditions of the Content provider regarding the consultation of the site implies that the Customer also accepts the subscription price. The Customer undertakes not to use any data in an automated manner to send to groups of recipients.
B.5. Use of Mobile services for specific purposes
B.5.1. Unless Citymesh gives its express and written consent, the Customer is prohibited from selling, giving away, subletting or in any other way commercialising the allocated SIM-cards and/or Mobile services, be it in whole or in part under all circumstances. Any breach of this prohibition shall be considered an irreparable breach within the meaning of Article D.10.3.1.2, with the consequences attached thereto.
B.5.2. Subject to Citymesh’s prior explicit and written consent, the Customer is entitled to use a SIM-card in a SIM box:
- citymesh SIM-cards may not be used in a SIM-box
for international calls, nor for roaming or premium services
- citymesh SIM-cards may not be used in a SIM box for data traffic
- citymesh SIM-cards may not be used in a SIM-box for sending text messages (SMS) or multimedia messages (MMS)
- the SIM-cards that Citymesh makes available to be used in a SIM-box, may not be used for any other purpose
- The Citymesh SIM-cards may not be used by the Customer in a SIM-box to offer telecommunication services to third parties.
When violating any of the preceding conditions, Citymesh reserves the right to withdraw the authorisation given to the Customer to use SIM-cards in SIM-boxes, if necessary without prior notice.
The termination, for whatever reason and at whatever moment, of the SIM-box service between the Customer and Citymesh, only terminates the SIM-box service without affecting the underlying Contract(s) concluded between the Customer and Citymesh, which will remain in effect until they expire in accordance with the applicable provisions or are terminated.
B.5.3. Subject to Citymesh’s prior explicit written consent, the Customer is permitted under the conditions agreed upon between the parties to use a SIM-card in the context of Machine to Machine services, which are a telecommunication application that, without human intervention, enables the transfer of information between the server at the Customer's premises and a remote machine.
C.1. Available Packs
Citymesh presents Packs to its customers. Packs are specific combinations of several Services. The list of the different available Packs, with detailed information about their content, the possible options and the tariffs, is available at Citymesh and can be consulted on the website of the product concerned at www.Citymesh.com.
The Customer can benefit from a Pack by subscribing to a Subscription in accordance with article D.1. of these General terms and conditions.
C.3. Applicable conditions
Special Tariff Plans have been developed for the Packs. Apart from these tariffs, the specific conditions for each of the Services forming part of a Pack will continue to apply to the Service in question.
C.4. Suspension of the Services forming part of a Pack
When Citymesh is permitted, in accordance with article D.10.2.1, to suspend a Service that is part of a Pack, Citymesh has the right to suspend all Services that are part of the same Pack at the same time.
D.1.1. The Customer who wishes to access the Services must submit a Subscription application to Citymesh.
D.1.2. Citymesh reserves the right to consider a Subscription application invalid if it is not accompanied by the following documents:
a. for legal entities:
- the publication in the Belgian Official Gazette of the articles of association and of any
amendments to the articles of association, proof of the identity of the natural person representing the legal entity and proof of his/her power of representation ;
b. for companies without legal personality and (de facto) associations:
- a certified photocopy of the articles of association and of any
amendments to the articles of association of the company or association, proof of identity
of the natural person representing the company or association
and proof of his/her power of representation ;
D.1.3. Citymesh may ask each Customer to submit additional documents that prove the Customer’s creditworthiness.
D.1.4. Citymesh may refuse a Subscription Request or a Subscription application of an additional Service if, among other things, (i) the Customer does not comply with his/her obligations resulting from another agreement with Citymesh, or (ii) access to the Service is not possible under satisfactory technical conditions, or (iii) if the Customer is included in the databases specified in Article D.5.1.
D.1.5. Citymesh has the right to request the payment of a deposit or advance from the Customer before accepting the Subscription application and/or during the term of the Agreement. A deposit can be requested if the credit check prior to acceptance of the Agreement and the objective data provided by the Customer show that the Customer cannot afford to make intensive calls. The maximum amount that Citymesh can ask for as a deposit is 500 euros per mobile phone connection. During the execution of the Contract Citymesh may request an advance payment when it appears that the Customer uses one or more Services in a way that could result in high billing. The maximum amount Citymesh can ask for an advance is the average consumption over 3 recent consecutive months including subscription. This amount can be checked via the Citymesh helpdesk. At the Citymesh helpdesk the Customer can obtain more information about the cases in which a deposit or advance payment can be requested.
D.2. Obligation to perform to the best of its abilities
With respect to the delivery of the Services Citymesh only has an obligation to perform to the best of its abilities. Citymesh shall use all reasonable means to ensure access to, the security, the reliability and the proper operation of the Services as undisturbed as possible. Citymesh itself determines the technically most appropriate means to provide the Services, but has no obligation to expand the Network or increase the network capacity. Citymesh does not guarantee continuous and undisturbed use of the Services, nor the certainty that all data sent and received by means of the appropriate mobile equipment will be delivered uninterruptedly, in the correct form and within a certain time period. If the Internet or similar networks are used, interference and/or unavailability of connections to the public Internet and/or other telecommunications networks may hinder use of some Services. When using the Services, security risks may arise, for example with regard to the integrity of the Customer's data or the Customer's identity data. Citymesh shall take reasonable technical and organisational measures in response to security and integrity incidents or threats and vulnerabilities that Citymesh may detect, without being able to exclude these risks.
D.3. Citymesh’s liability
D.3.1 In principle, Citymesh can only be held liable for fraud or gross negligence by itself or one of its employees. Without prejudice to mandatory legal provisions, Citymesh’s liability in cases where it would be held liable shall be limited to an amount of 10,000€
D.3.2 Citymesh undertakes to use all reasonable means to prevent any interference for the Customer and in the event interference does occur, to take all reasonable measures to limit the damage suffered by the Customer. The Customer understands and accepts that Citymesh cannot be held liable for any damage the Customer suffers as a result of (partially) external factors and/or acts of the
Customer himself/herself, including but not limited to:
a. interference or quality defects of the Services due to external factors (such as for example: interference or quality defects in networks and installations of third parties used by Citymesh; interference or quality defects as a result of obstacles that hamper wireless communication; measures imposed by Belgian or European governments);
b. user interference due to maintenance, improvement and/or expansion works of the Network, the terminal or other installations used by Citymesh;
c. bad or incorrect use of the Services by the Customer;
d. malfunctioning of the Customer’s (mobile) telephone, computer, modem, accessories or, in general, equipment. In case of malfunction of, or adjustment problems related to his/her equipment, the Customer should exclusively turn to the seller or manufacturer of that equipment, and not to Citymesh ;
e. the use by the Customer of a (mobile) telephone, computer or modem (i) contrary to the instructions for use or the Contract, or (ii) which was not approved in accordance with the applicable standards, or (iii) without taking the necessary security measures against viruses, hacks by third parties, etc
D. the intervention of third parties notwithstanding Citymesh’s safety measures;
g. the use or misuse of the Customer's PIN or password (i) as a result of the voluntary or involuntary disclosure of this code or password to a third party, (ii) if the Customer did not immediately change the standard PIN into a personal PIN, or (iii) if the Customer changed the standard PIN into a simple personal PIN (e.g. 1234, 5555, etc.).
D.3.3. In no case whatsoever can Citymesh be held liable for indirect and/or consequential damage suffered by the Customer as a result of the Contract, such as, but not limited to, loss of profit or turnover, interruption of activities, loss of, or damage to, data, etc.
D.3.4. Citymesh can in no case be held liable for:
a. the content of the calls conducted in the context of the Services;
b. the transactions concluded by the Customer and a third party and the services provided
by third parties or accessible via the Services;
c. the content, integrity or correctness of the data sent via the Services and the information provided by third parties or accessible via the Services;
d. any breach of the confidentiality of the data transmitted
via the Services;
e. the damage to or loss of the data sent via the Services.
D. Loss of the login codes provided for the management of mobile services via the extranet.
D.4. Purchase of a Product - Warranties
D.4.1. Each Product becomes the Customer’s property upon purchase by the Customer. From that moment on the Customer bears the risk of theft or loss of the Product, and in this respect cannot assert any rights towards Citymesh. Notwithstanding the fact that the Customer is the owner of the Product, he/she is prohibited from changing its specific settings. In the event that this prohibition is ignored, the proper functioning of the Service can no longer be guaranteed.
D.4.2. If the Customer’s Subscription application is fully or partially refused or if the Customer's Subscription is suspended by Citymesh in accordance with these general terms and conditions, the Customer is not entitled to a refund or reimbursement of the price of the Product previously purchased by him/her (for example a mobile phone).
D.4.3. Subject to mandatory provisions in this respect, after a period of two (2) years starting from the date of purchase by the Consumer, Citymesh shall no longer bear any liability in connection with the Products. For the remainder, the products sold by Citymesh are only covered by the standard warranty conditions of the manufacturer which can be found in the packaging.
D.5. Personal data - Protection of privacy
D.5.1. Personal data, including electronic data (email address, telephone number, login code, password, etc.) that the Customer provides to Citymesh or that Citymesh assigns to the Customer, and the data regarding calls, call number and transit volumes, location and time of calls, are included in the Citymesh databases. Citymesh is responsible for processing the data and the corresponding databases are located at Citymesh’s registered office. The processing of these data is subject to the provisions of the Privacy Act of 8 December 1992 and the Electronic Communications Act of 13 June 2005. This data may be shared with other companies of the Citymesh Group to which Citymesh belongs and/or with companies with which Citymesh has concluded an agreement for the provision of services and which may be established in a country that is not a member of the European Union and which may or may not offer an adequate level of protection. The data will be processed for the purpose of the performance of the Contract (including the storage of text and voice messages or the provision of location-based services), Customer management (such as the preparation and dispatch of invoices, follow-up, receipt, verification and possible collection of payments, management of disputes), fraud prevention and the prevention and detection of infringements, as well as marketing and market research in relation to the Services and Products. In the latter case, the data may be communicated to market research agencies. The data of former Customers may be used for a period of two years after termination of the Customer's Subscription to keep the former Customer informed about new products and services and promotions of Citymesh.
If the Customer wishes to use certain Data services, it may be necessary for Citymesh to specifically process certain personal data for the Customer to gain access to Content that certain Providers of Content offer.
Subject to a dated and signed request to the address of Citymesh's registered office, the Customer may inspect the personal data related to him/her and recorded in the Citymesh database, and request their modification. Similarly, the Customer may object to the use of his/her personal data, including his/her electronic data, for marketing and market research purposes.
By signing the Subscription application, the Customer consents or does not consent, in the manner provided by law, to the inclusion of his/her personal data in a telephone directory or directory enquiry service. As part of its legal obligation to assist emergency services and judicial authorities, Citymesh reserves the right to disclose certain personal data to the government or to authorised persons. As part of fraud prevention and the prevention of violations, Citymesh can check the data provided by the Customer against the data it has in its own databases or against the data in the databases of other companies of the Citymesh Group to which Citymesh belongs or in the databases of Graydon Belgium nv. Citymesh may process and store the personal data of Customers who would not fulfil their contractual obligations, or with the help of a third party of its choice, and transfer this to other companies of the Citymesh Group to which Citymesh belongs. Various personal data (e.g. localisation data) can be rendered anonymous by Citymesh (as a result of which they are no longer personal data) and that anonymous data can be used by Citymesh for statistical purposes, passed on to third parties or commercialised.
By communicating his/her personal data, the Customer gives Citymesh explicit permission to proceed to the processing described above, for the purposes described above.
The Customer may also obtain additional information about the databases that are the subject of the present article by contacting the Public Register of the Commission for the Protection of Privacy (www.privacycommission.be).
D.5.2. The Customer explicitly accepts that calls to and from Citymesh for purposes of training and monitoring may be listened to by other employees or consultants of Citymesh than the Customer’s direct contact, or may be recorded to serve as evidence of commercial transactions.
D.5.3. The Customer accepts that Citymesh, at the request of the ombudsman service for telecommunications, of the FPS Economy or of any other competent authority, takes note of the content of the communications that are the object of a complaint or of a dispute, and if necessary passes this content on to these authorities.
D.6. Customer’s rights, obligations and liability
D.6.1.1. The Customer acknowledges having received all required information regarding the Services and Products prior to concluding the Contract.
D.6.1.2. The Customer shall immediately report any change in the information provided to Citymesh upon activating the Services or afterwards (e.g. a new address, a new company name or a new account number for automatic bank transfer) to Citymesh in writing. Costs resulting from non-compliance with this obligation shall be paid in full by the Customer.
D.6.2. Careful use
The Customer undertakes to use the Services and the Products as a normally careful user, in compliance with the Agreement, the applicable legal provisions and the customs of public order and decency. The Customer is responsible for monitoring his/her installation. He/she shall ensure that no other person has access to the Services without his/her consent. The Customer shall immediately inform Citymesh if he/she suspects that the Services are being used fraudulently. Without prejudice to the other provisions regarding liability, Citymesh cannot be held liable for damage that occurs as a result of fraud if the Customer has not reported it as soon as he/she knew or should have known about it. Thus, it is prohibited, inter alia, for the Customer to use the Services to commit unlawful acts or disseminate unlawful information, including gaining unauthorised access to data of the connected networks, committing acts that compromise the proper operation of the Services, endangering the use or capacity of the services for other users, damaging or destroying the integrity of computer data, unsolicited sending of large quantities of information with the same content (spamming), harassing persons and disseminating pornography or texts or images of a racist nature, material constituting an offence against public decency or inciting crimes and offences, incitement to engage in illegal games of chance and betting, etc.
The Customer undertakes to respect the intellectual property rights that may be associated with the Services or with the data processed as part of a Service. In this respect Citymesh informs the Customer, who accepts, that all trade names, logos, designations and brands used by Citymesh in the context of the Services are protected under trademark law and their use by the Customer is prohibited.
D.6.3. Normal use within the context of an unlimited offer
Various provisions of these General terms and conditions, as well as Special terms and conditions and Tariff plans, refer to "normal professional use" in the context of an unlimited offer.
Unless "normal professional use" is otherwise defined in Special terms and conditions or Tariff Plans, this means the following:
Normal professional use within the context of an unlimited offer allows for a very intensive use of the respective Services. Only in the case of fraud (such as, among others: commercial use of the contract, in particular for call centre or SIM-box purposes, and/or making it available to third parties), unfair use or, more generally, use that is not in accordance with the use that may be made of the contract, expected from a Customer who has taken out a particular Subscription (e.g. use of the mobile phone as a baby monitor) is not normal use.
Except in the case of specific promotions which would explicitly deviate from the limits set out below, the use will be considered fraudulent
if, for example, the Customer:
With regard to Mobile services:
- regularly calls for more than 6 hours a day and/or 30 hours a week; or
- regularly calls more than 3 consecutive hours; or
- sends more than 350 text messages a day and/or 10,000 text messages a month; or
- more than 50 MMSs a day and/or more than 400 MMSs a month to
BASE and/or email addresses; or
- sends more than 20 MMSs a day and/or more than 100 MMSs a month to other mobile networks; or
- in connection with the use of Data services, generates data traffic from Belgium that exceeds 500 MB a day and/or 5 GB a month.
D.6.4.1. Except in the case of transfer of the Contract in accordance with
article D.9.2., the Customer is and remains solely responsible towards Citymesh for the execution of its obligations under the Contract.
D.6.4.2. The Customer is liable for all damage suffered by Citymesh due to a breach by the Customer of one of its obligations under the Contract.
D.6.5. Change of Tariff plan by the Customer
Unless it has received Citymesh’s explicit consent, the Customer may not change its Tariff plan before the original term of the Contract has expired. If the Customer has nevertheless been given the right to switch to another Tariff plan prematurely, the Customer acknowledges that if he/she has been given access to the Services as part of a promotional offer from which he/she received a specific benefit from Citymesh, Citymesh has the right to impose specific conditions for such a switch. All costs that Citymesh would bear due to a breach by the Customer of its obligations can be charged to the Customer by Citymesh, without prejudice to other rights and possible claims by Citymesh.
D.7. Tariffs - Price indexation
D.7.1. The different Tariff plans related to the different Services can be obtained from Citymesh's customer service department. Unless explicitly stipulated otherwise in the special terms and conditions of a particular Service, Citymesh’s tariffs only apply to calls / SMS / MMS and the use of Data in Belgium, and special numbers are excluded.
D.7.2. Citymesh may revise the prices in the Tariff plans once a year, during the month of January, and adjust them to the consumer price index.
D.8. Invoicing and payment
D.8.1. The invoice addressed to the Customer shall contain the following information:
- any connection charges;
- any Subscription fee;
- the additional contribution for the options or additional services ;
- the detailed cost of national calls;
- the detailed cost of international calls;
- the detailed cost for the use of roaming services;
- the cost of calls to special numbers;
- where appropriate, the hire price of hired equipment or the purchase price of
- where appropriate, the cost price of transit volumes not included in
the monthly subscription fee;
- to charge any other costs and credits to the Customer, including, among others, the subscriptions the Customer has made with certain Content providers to be able to access their data and/or services and which are collected by Citymesh on behalf of those Providers.
D.8.2. Provided it is indicated in the Subscription application or provided a written request is made during the course of the Agreement, the Customer may request that non-detailed invoices be sent to him/her.
D.8.3. Unless otherwise agreed upon or, among other things, due to technical problems, Citymesh shall send the invoice to the Customer on a monthly basis.
Additional packages or items activated after the first of the month will be charged pro rata.
The same applies if the Customer requests new or additional services.
The Customer accepts that the cost of roaming services may be invoiced up to 6 months after the date of provision of the roaming service, since Citymesh must wait for the information from the other operators involved.
D.8.4. The invoice shall be sent to the Customer in one (1) copy. The Customer agrees that this dispatch may be made electronically. The Customer can always return to classic paper invoicing upon written request, free of charge. In that case he/she can always request one or more duplicates of the invoice, subject to payment of the amount specified by Citymesh.
D.8.5. All invoiced amounts are payable within the period specified on the invoice and in the absence of such period, within ten (10) days of the invoice date, by one of the following means of payment:
- bank transfer or postal transfer ;
- automatic bank transfer, by filling out the appropriate form enclosed
with the application form or any other document serving that purpose ;
D.8.6. If Citymesh does not receive payment of the invoiced amounts within the specified term of payment, default interest of 1% per month shall apply from the expiry of the term of payment by operation of law. In addition, Citymesh may charge a fixed compensation amounting to 15% of the invoiced amounts that were not paid on the due date, with a minimum of 60,00 euros, without prejudice to the right to compensation for legal costs and litigation fees.
D.8.7. The dispute of a Citymesh invoice must, under penalty of inadmissibility, be communicated to Citymesh by registered mail within 10 days after the invoice date. This possibility does not affect the Customer's obligation to pay this invoice within the normal period, except in the event of a justified dispute by the Customer regarding the invoiced amount. The Customer is nevertheless obliged to pay the undisputed
amount of the invoiced Services, as well as the subsequent invoices if they do not give rise to a dispute.
D.8.9. If it appears that the Customer has been charged an excessive amount and this has been paid by the Customer, the difference shall, as far as possible, be offset against the amounts invoiced in subsequent invoices.
D.9. Transfer of the Contract
D.9.1. Citymesh may transfer its rights and/or obligations under the Contract in whole or in part to a third party without the Customer’s consent However, this transfer cannot result in a reduction of the Customer's deposits.
D.9.2. The Customer may exercise his/her rights and/or obligations arising from the
Contract to a third party, in whole or in part, provided that (i) prior written consent has been obtained from Citymesh, and (ii) both the Customer and the transferee have submitted the appropriate Citymesh transfer form fully completed and signed to Citymesh.
D.10. Commencement and termination of Subscription - Suspension of Services
D.10.1. Commencement and duration of Subscription
The Subscription commences upon activation of the Subscription, but the Customer is bound by his/her Subscription application as soon as he/she has signed it. The Subscription is concluded for a specific period. A fixed-term subscription is automatically renewed for an indefinite period after the end date and can be terminated thereafter with 30 days' notice.
D.10.2. Suspension of the Services
D.10.2.1. By Citymesh
Citymesh may refuse or suspend the Services (including additional services, options, roaming and/or international communications) in whole or in part, after sending a prior notification to the Customer, in any of the following cases:
- if the Customer fails to fulfil his/her obligations under the Contract, or if he/she uses the Services in contravention of the applicable statutory and/or regulatory provisions;
- in the event of total or partial non-payment of the invoiced amount for a Service within the payment period, or in the event of insolvency or presumed insolvency;
- in the case of fraud or suspected fraud;
- if the Customer provided wrong, incomplete or false information with the Subscription application, failed to communicate the change of this information in accordance with Article D.6.1.2 or neglects to deliver the Subscription application to Citymesh in accordance with article D.1.1.;
- if the Customer refused to pay the deposit or advance payment specified in article D.1.5. within the specified period;
- in the event of abnormal consumption by the Customer (calls, very high volume downloads, etc.);
- if Citymesh determines that the (mobile) telephone, the computer, the modem or any other installation used by the Customer can cause interference on the Network or is not approved in accordance with the applicable standards;
- on the basis of legally determined mandatory requirements in connection with the Network or the installations of Citymesh;
- in the event the Customer fails to fulfil his/her obligations under any other contract with Citymesh.
Citymesh may also suspend the Services in whole or in part with immediate effect and without prior notice in the following cases:
- on the basis of legally determined requirements;
- in the event that the proper operation of the Network or its installations is endangered;
- in case of breach of contract or non-payment;
- in case of detected or suspected fraud of such a nature that not suspending the Services could have serious consequences for Citymesh and/or for third parties;
- in case of bankruptcy, request for extension of payments, liquidation or dissolution of the Customer, or of an irreparable breach of the Contract.
In case of suspension with immediate effect without prior notice, Citymesh shall provide the necessary explanation within three (3) working days after receipt of the request, upon the Customer's express written request.
In the aforementioned cases of suspension the Customer is not entitled to any compensation from Citymesh, except in the case of a manifestly unjustified or unfounded suspension whereby actual damage suffered that is directly linked to this suspension is demonstrated. In addition, the Customer shall remain bound by his/her obligations under the Contract, including payment obligations. In this respect, the Customer acknowledges and accepts that during the period of suspension of the Services, any Subscription fees or minimum call charges shall remain due. In the event of an unjustified suspension, the Customer shall receive a credit note for any Subscription fees or minimum call charges invoiced to him/her during the period of suspension. The suspension shall be lifted as soon as Citymesh receives proof that the situation has been remedied. The costs of deactivation and activation may be charged to the Customer.
D.10.3. Termination of Subscription
D.10.3.1. By Citymesh
D.10.3.1.1. Citymesh has the right to unilaterally terminate the subscription by registered letter with a notice period of fifteen (15) calendar days:
a. if the suspension of the Services as set out in article D.10.2.1. continues for fifteen (15) days ;
b. if the Customer has not remedied a breach of the Contract within fifteen (15) days after being declared to be in default by Citymesh.
D.10.3.1.2. In the event of bankruptcy, request for an extension of payments, liquidation or dissolution of the Customer, or of an irreparable breach of the Contract, the Subscription may be terminated without prior notice of default or judicial intervention.
D.10.3.1.3. Termination of the Subscription by Citymesh in accordance with articles D.10.3.1.1. and D.10.3.1.2. does not entitle the Customer to compensation of any kind and does not affect the obligation of the Customer to pay the amounts due.
D.10.3.2. By the Customer
D.10.3.2.1. The Customer, who does not have more than five call numbers at the time of the termination of the Subscription, can terminate the Subscription of indefinite or definite duration in writing at any time he/she chooses and even immediately. Citymesh shall terminate the Service concerned as soon as possible and shall provide the Customer with a written confirmation to this effect. The Customer who has taken out a Subscription for a fixed term and has more than five call numbers at the time of the termination of his/her Subscription for a fixed term must pay compensation for premature termination of the Subscription equal to the Subscription fees or minimum call amounts for the period running up to the end of the fixed term. In addition, the Customer in question who has more than five call numbers owes compensation equal to 75% of the amount that Citymesh has invoiced the Customer for all Services used by the Customer in the three months prior to the early termination or cancellation.
Subscription fees or minimum call charges shall not be included in the calculation of such compensation.
D.10.3.2.2. If the Customer does not agree with announced tariff increases, other than an increase in roaming tariffs, he/she shall be entitled to terminate the Subscription without penalty in writing no later than the last day of the month following receipt of the first invoice after the changes come into effect. When Citymesh proposes a change to the General terms and conditions, other than with regard to the applicable tariff, the Customer has the right to terminate the Subscription without penalty by means of a registered letter no later than the last day of the month after the change has come into effect. If the tariff increase or change in General terms and conditions only relates to a certain additional Service, the Customer's right is limited to the possibility of cancelling the relevant additional Service in the same way and under the same conditions.
D.10.3.2.3. Any termination of the Agreement shall result in the automatic erasure of all data that may have been stored by Citymesh for the Customer (including electronic messages, personal home pages, etc.). The Customer must therefore regularly save, on a separate server, all data, the storage of which he/she has entrusted to Citymesh.
D.11. Changes by Citymesh
D.11.1. At least one month before the entry into force of a change to the Contract, an increase in tariffs (other than an increase in roaming tariffs) or a change in the technical characteristics of the Citymesh Services, Citymesh shall duly inform the Customer if the anticipated change or increase has implications for the Customer. The General terms and conditions and the tariffs can always be consulted on the website www.Citymesh.com.
D.11.2. If the Customer does not accept the announced tariffs increase (other than an increase in roaming tariffs) or the change to the Agreement or to the technical features, he/she may unilaterally terminate the Subscription early without payment of any penalty or compensation, in accordance with the provisions of Article D.10.3.2.2. of these General terms and conditions.
D.12. Signature of the Customer
Unless another form of notification is specified in these General terms and conditions or in the Special terms and conditions, notification by the Customer by fax or electronic mail shall be regarded as written notification by the Customer. If Citymesh has doubts about the authenticity of that notification Citymesh shall without delay request the Customer to send an original signed copy and Citymesh shall be entitled not to follow up on that notification as long as it has not received the original signed document.
D.13. Questions, complaints and disputes
D.13.1. The Customer can contact the Citymesh customer service which is responsible for the Product or Service with written questions and complaints about the Services or with reports of theft, loss or defect of a SIM-card, device or modem. For Products and Services that are offered under the commercial name Citymesh Connect, this can be done via one of the following channels:
By letter: Siemenslaan 13, 8020 Oostkamp
By Telephone: 050/41 02 00
D.13.2. Citymesh undertakes to solve the problems it is informed of, and which it can solve, as soon as possible. When the Customer is not satisfied with the solution offered by Citymesh, or when the Customer is the victim of malicious calls, he/she can turn to the ombudsman service for telecommunications: Bischoffsheimlaan 29-35 - 1000 Brussels - firstname.lastname@example.org (tel. 02/223.09.09 - fax 02/219.86.59) . Complaints submitted to the ombudsman's service are only admissible if the Customer can prove that he/she has previously made an attempt at solving the problem at Citymesh.
Any dispute regarding the Contract, its execution or interpretation, which could not be settled by Citymesh or the ombudsman service, shall fall under the exclusive jurisdiction of the courts of Boom as the place where the obligation arose, unless a special law imposes a different jurisdiction.
D.13.4. Applicable law
The Contract is governed by Belgian law.
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