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Contents
1. 9 2 The Customer shall comply with the legislation in effect in sending data via the telephone exchange Prohibited data shall include but not be limited to information which is illicit inaccurate obscene or defamatory contrary to public order and or an offence against public decency a violation of user privacy or incitement to racial hatred or xenophobia 9 3 The Customer shall not infringe the intellectual property rights including copyright of Proximus or any third party 9 4 The Customer shall likewise undertake not to send any unsolicited messages or data 9 5 The Customer shall refrain from committing acts of computer piracy or hacking of the Proximus network or any other system 9 6 The Customer shall preserve the secrecy and confidentiality of his her password and user name The Customer shall be liable for all use of these identification elements The Customer shall notify Proximus immediately in the event of the loss theft or fraudulent use of any of these elements and confirm this by registered letter The Customer s liability shall cease the working day after that on which Proximus receives the registered letter of notification 9 7 The Customer shall regularly make a back up of the data 9 8 The customer is responsible for facilitating the implementation of Proximus PLC under Belgian Public Law Bd du Roi Albert II 27 B 1030 Brussels VAT BE 0202 239 951 Brussels Register of Legal Entities BES0 0001712. Unless the maintenance contract is concluded at the same time as the sale the acceptance of the request for a maintenance contract shall be subject to a prior technical examination at the Customer s expense and billed at the rates then applying Article 12 Termination of the contract 12 1 If delivery is delayed beyond the scheduled date by more than fifteen working days due to a fault attributable to Proximus the Customer may by registered letter either terminate the contract or demand compensation amounting to one and a half percent of the sales price for the telephone exchange for every full week it is not delivered Under no circumstances shall the total compensation exceed twenty 20 percent of the sales price 12 2 If the Customer does not pay a bill by the due date Proximus shall send a demand by registered letter If no payment is received within fifteen working days of the demand being served Proximus may terminate the contract immediately by sending the Customer a registered letter On termination of the contract the Customer shall return any telephone exchange delivered to Proximus at his her own expense In the event of termination on these grounds Proximus shall be entitled to compensation amounting to a maximum of twenty percent of the amounts due Article 13 Complaints to Proximus In the event of difficulties with respect to implementation of the contract the Customer shall contact the local Proximus s
3. administrator must be present during installation 3 10 The Customer must make a backup of his whole system including each PC on which software needs to be installed before installation and take the necessary steps to ensure that his software is compatible with that of Proximus particularly with regard to virus protection systems 3 11 If at the installation it appears that a telephone exchange application doesn t function properly Proximus or its subcontractor may proceed to the formatting of the PC and the re installation of the basic operating system and the telephone exchange application Should the Customer prevent this Proximus shall not be liable for the malfunctioning of the telephone exchange application Article 4 Conclusion of the contract 41 The contract shall be deemed to be validly concluded on the day that both parties sign the orderform 4 2 Without prejudice to the renunciation right of the consumer in the framework of the trade practices legislation Proximus reserves the right to impose a fixed penalty for breach of contract ipso jure and without notice being served in the event that the Customer cancels in full or in part an order The penalty shall amount to twenty percent of the total amount of the order cancelled 4 3 Without prejudice to legislative provisions on trade practices the Customer shall not be entitled to cancel any order once the telephone exchange has been delivered by Pro
4. telephone exchange b connection of the telephone exchange to the distribution frame c the installation and connection of the equipment to the wall sockets provided for this purpose d the connection and activation of any additional applications accesoiries and options as indicated in the order form e the configuration and activation of the telephone exchange and its equipment f installation and configuration of the data applications The cost of internal cabling and the eventual installation of the distribution frame are not included in the installation and will be billed to the Customer at the rates in effect at the time 3 3 Proximus is only obliged to perform additional work if agreed to in writing beforehand Any additional work or later change performed by Proximus or its subcontractor will be billed to the Customer at the rate then in effect together with any call out charges Any later change shall follow the sales mode 3 4 Installation work will be carried out during office hours The Customer may ask for a quote for any services he wants to be performed outside these hours The Customer must guarantee access to the telephone exchange at all times to Proximus and or its subcontractor 3 5 The services provided shall relate solely to the installation described in the Order Form Any element not explicitly mentioned therein shall not be covered 3 6 On receipt of the telephone exchange the Customer shall check t
5. 00 3118 BPOTBEB1 Page 2 of 3 prossimus work to be performed and he shall make suitable personnel available ree of charge 9 9 The customer shall be responsible for the accuracy completeness and reliability of the information and documentation made available by him to Proximus even if these originate from third parties Article 10 Documents and software 10 1 Proximus shall grant the Customer a non exclusive right to the use of the diagrams and any other technical and commercial documents related to the telephone exchange sold These documents shall not be given to a third party without Proximus consent in writing 10 2 The standard version of the telephone exchange software or firmware may be provided to the Customer giving the latter a simple non exclusive and non transferable right to use the software and any other software provided separately The Customer hereby explicitly acknowledges that all software contains technical and confidential information that are the property of Proximus or its supplier The Customer shall not replicate or copy the software and shall preserve its confidential nature Any additional software provided is subject to the General Terms and Conditions accompanying the software on delivery or set out in a licensing agreement Article 11 Maintenance contract Customers that have purchased an installation from Proximus may at any time conclude a maintenance contract with Proximus
6. entually might be held liable its liability shall be limited to 125 000 EUR 8 2 Proximus shall not be liable for any direct or indirect damage attributable to the software delivered with or installed in the telephone exchange 8 3 Proximus shall not be liable for the content of communications or messages nor for the integrity of any data transmitted over its network Nor is Proximus liable for third party services provided via its network or the billing therefor Proximus does not guarantee nor is it liable for services or information provided by or distributed via its network Proximus shall not be liable for any transactions between a third party and the Customer Under no circumstances shall Proximus be deemed to be a party to any contracts concluded between a third party and the Customer unless specifiedotherwise 8 4 No guarantee can be provided as to the quality of the connections and or service if the Customer connects directly or indirectly to an operator or service provider via interfaces and or signaling even where these comply with the standards at national or European level Proximus is not liable for any lack of and or deterioration of service quality nor for any financial loss or loss of profit resulting from inappropriate routing Article 9 Customer s liability 9 1 The Customer shall comply with netiquette and the acceptable use policies applicable to networks which he she accesses via the telephone exchange
7. ervice Article 14 Complaints to the Ombudsman s Service 141 The Customer may contact the Telecommunications Ombudsman s Service an arbitration service completely independent of Proximus that handles customer complaints about Proximus s activities 14 2 The address and telephone number of the Ombudsman s Service are listed in the telephone directory information pages Proximus shall also communicate these details to customers on request 14 3 Complaints are only admissible if submitted in writing Customers may however telephone the Ombudsman s Service to ascertain the General conditions Sale of telephone exchanges status of any complaintfiled 14 4 A complaint is only admissible if the Customer can show that he she first took the necessary steps via Proximus 14 5 The Telecommunications Ombudsman s Service is under no obligation to handle complaints relating to facts that took place more han one year prior to the submission of the complaint 14 6 The Ombudsman s Service will cease to investigate a complaint if itis brought to court Article 15 Applicable law and competent courts 15 1 The Brussels courts shall have sole jurisdiction for any disputes relating to the interpretation or performance of this contract 15 2 The provisions of contract shall be governed by Belgian Law Proximus PLC under Belgian Public Law Bd du Roi Albert II 27 B 1030 Brussels VAT BE 0202 239 951 Brussels Register o
8. f Legal Entities BES0 00017100 3118 BPOTBEB1 Page 3 of 3
9. g to a minimum of EUR 12 39 to offset the increase in overheads incurred by Proximus Article 7 Transfer of ownership and risk 7 1 The telephone exchange shall remain the property of Proximus until the customer has paid all amounts owing to Proximus in connection with this contract Until this is the case the Customer shall not transfer alter give as security or a guarantee or lend the telephone exchange in any way whatsoever to a third party nor shall he have any right of ownership thereto If the telephone exchange General conditions Sale of telephone exchanges is seized or otherwise claimed by a third party the Customer shall oppose this and notify Proximus immediately to enable the latter to protect its proprietary interests 7 2 The risks shall transfer to the Customer when the telephone exchange is delivered Thereafter all risks of loss theft or destruction in full or in part of the telephone exchange shall be borne by the Customer Article 8 Proximus Liability 8 1 In general Proximus shall not be liable unless in case of gross misconduct or deceit by Proximus or one of its employees Moreover the customer recognizes and accepts that Proximus doesn t assume any responsability for immaterial damages as well as damages such as loss of earnings profit business interruption of activity loss or damage of data Without prejudice to the imperative legal dispositions in all cases in which Proximus ev
10. hat the telephone exchange delivered by Proximus complies with what is described in the order form If the Customer does not lodge any objections with Proximus by registered letter within three calendar days of delivery he will be deemed ipso jure to have definitively irrevocably and unconditionally acceptedthe telephone exchange General conditions Sale of telephone exchanges The same deadline applies for objections relating to the installation and commissioning of the telephone exchange by Proximus and runs from the date on which the telephone exchange is put into service 3 7 The Customer must ensure that the telephone exchange is installed in a location that allows for rational layout and normal conditions for installation use and maintenance Proximus or its subcontractor may ask for another location if the proposed location isn t suitable The Customer must bear the costs of installing and maintaining the electrical connections and or grounding necessary to operate the telephone exchange at the locations indicated by Proximus In this regard the provisions of the Belgian Electrotechnical Committee must be complied with 3 8 The Customer shall provide the necessary software and computer hardware connections availability of a connection point to the Customer LAN a fixed IP address etc required for the telephone exchange and its applications to operate 3 9 In the case of data integration and applications the network
11. ice calls outside office hours at the rates then in effect and under the applicable terms and conditions The Customer may ask for a quote for any services he she wants to be performed outside these hours 5 8 If the repair cannot be performed immediately the Customer may under certain circumstances be provided on request with a replacement telephone exchange while the original telephone exchange is under repair 5 9 The warranty on a telephone exchange repaired or replaced shall lapse on the expiry date for the warranty provided when the equipment was purchased but shall never be less than three months For the consumers this period is increased by any period s of repair and or replacement Article 6 Terms and conditions of payment 6 1 In principle payment shall be settled in cash when the telephone exchange is delivered to the Customer after deduction of any advance payments 6 2 If deferred payment is allowed payment shall be made to the account number by the means and by the due date indicated on the bill 6 3 Failure by the Customer to pay a bill by the due date shall entitle Proximus ipso jure and without notice being served to charge interest on arrears at the legal rate Furthermore if payment is not made within fifteen days of a demand being sent by registered letter Proximus reserves the right to automatically charge the additional flat rate penalty of fifteen percent set out in the contract amountin
12. prossimus Definitions Office hours Monday to Friday from 8 00 a m to 4 30 p m Consumer A natural person acting for purposes not relating to his professional or commercial activities Article 1 General This document establishes all rights and obligations of Proximus public limited company of Belgian public law hereafter referred to as Proximus and its customers in respect of the sale of a Proximus telephone exchange hereinafter referred to as telephone exchange or exchange including all the applications accessories and options as mentionned in the order form These General Terms and Conditions shall take precedence over any general terms and conditions established by the customer Article 2 Connection to the Proximus public telephone network The public telephone network shall be deemed to end at the connection point ie the Customers telephone socket or connection box Everything that comes after the connection point shall not belong to the public network of Proximus and shall therefore be the Customer s responsibility Article 3 Delivery and installation 3 1 The telephone exchange is delivered and installed by Proximus or one of its certified subcontractors in accordance with the prices as indicated in the order form 3 2 The delivery and installation procedures shall be indicated in the order form If no specific procedure is given installation shall be limited to a the installation of the
13. xchange c the telephone exchange serial numbers and or the brand names are removed or changed 5 4 The warranty is valid for one year unless otherwise specified in the Order Form The warranty period shall come into effect on the date that the telephone exchange is put into operation If the buyer is a consumer the warranty period will be extended to two years During this period the shipment costs of the material are included 5 5 The Customer shall report any defect to the appropriate technical service at Proximus as soon as it is noted The telephone numbers of he services are listed in the telephone directory information pages Proximus will also communicate these numbers to Customers on request f the consumer does not inform Proximus at the latest two 2 months after the observation of a deficiency in conformity of this deficiency the consumer shall loose all his rights in the framework of he sale of goods to consumers law as well as his right to claim damages 5 6 Proximus shall make every endeavor to repair and or replace the elephone exchange as soon as possible Proximus has sole discretion as to the repairs to be undertaken to return the elephone exchange to proper working order Nevertheless the consumer has the right to demand the free repair or replacement of the the telephone exchange from Proximus except where this would be impossible or disproportionate 5 7 Proximus may at the Customer s request make serv
14. ximus whether in full or in part 4 4 Proximus may demand an advance payment when it accepts an order This shall not exceed fifty percent of the total amount of the order Article 5 Warranty 5 1 Without prejudice to the consumers statutory rights the telephone exchanges sold by Proximus are covered by a warranty against any material flaws or manufacturing defects 5 2 The warranty shall not cover a damage of any kind whatsoever the cause of which does not predate the sale b damage faults and defects attributable to the customer accidental damage improper usage or poor maintenance failure to comply with the instructions given in the user manual lightning humidity power surges or any force majeure whatsoever c the repair or replacement of moveable elements cords wires outlets antennas etc the replacement of accessory elements that require regular replacement batteries accumulators paper ink etc and the supply of cleaning products d call out charges andhourly rates 5 3 The warranty shall not apply if Proximus PLC under Belgian Public Law Bd du Roi Albert II 27 B 1030 Brussels VAT BE 0202 239 951 Brussels Register of Legal Entities BE50 00017100 3118 BPOTBEB1 Page 1 of 3 prossimus a the Customer cannot prove the purchase via a bill receipt or ad hoc certificate providedby Proximus b the Customer or a person not designated by Proximus changes or repairs the telephonee
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