Terms & conditions

V-Tell Terms and conditions Mobile Telecommunication Services (version 8 August 2017)


Definitions

The following terms may be used with a capital letter in the Agreement. These terms are understood to mean:

  • Agreement
    A contract concluded between V-Tell and a Contracting Party for the delivery of Services.
  • Call Credit
    An amount paid in advance by the Contracting Party to V-TELL from which the Fees for making use of the Services by the Contracting Party shall be deducted.
  • Connection
    The ability to use by means of a suitable Mobile Handset one or more Mobile Telecommunications Services (Mobiele Telecommunicatie- diensten) as well as the Supplementary Services (Aanvullende Diensten) and any third party Content Services (Contentdiensten van derden) purchased.
  • Content service
    A service offered by V-TELL or a third party where the End User – using a Mobile Telecommunications Service or a Supplementary Service such as SMS or MMS – can receive, peruse, use, share or distribute information, text files, audio files and/or graphics files, applications, software and such like, as well as combinations of the foregoing, such as SMS or MMS content services, mobile internet services or 0800/090x services.
  • Consumer
    The Contracting Party who uses a Connection other than in practicing a profession or running a business.
  • Contracting party (or You)
    The party who has entered into an Agreement with V-TELL.
  • End User
    The natural person who actually uses a Connection (de Eindgebruiker).
  • Fee
    The tariffs applicable to the Services.
  • General Terms and Conditions
    These General Terms and Conditions for V-TELL’s Mobile Telecommunications Services.
  • Mobile Handset
    A mobile transmitting and/or receiving device that is suitable as a handset to be linked to a mobile Network by means of a Connection.
  • Network
    A system of technical facilities for mobile telecommunication that V-TELL uses to deliver its Services.
  • Mobile Telecommunications Service(s)
    Every telecommunication service where the Connection is made to the Network via a wireless link.
  • Month
    A continuous period to the same date in the next calendar month, unless it follows from the context that a calendar month is meant.
  • Service
    A Mobile Telecommunications Service or a Supplementary Service.
  • Service Proposition
    A V-Tell offer to provide a Connection and/or Service with the associated use options, rates and terms and conditions.
  • Supplementary Service
    A special telecommunications facility offered by V-TELL in the context of a Mobile Telecommunications Service that can relate to, among other things, the routing, connection structure, storage or processing of data, such as the Number Display (NummerWeergave), Voicemail, SMS or Mobile TV services and /or a V-TELL Content Service (Contentdienst); or another service that is offered by V-TELL in connection with the supply of Mobile Telecommunications Service(s).
  • SIM card
    A smart card, which except in so far as stated otherwise, is necessary in order to use a Connection.
  • Traffic Costs
    The payments owed by the Contracting Party that depend on the use of a Service and that consists of payments for the telecommunications traffic achieved or realized in some other way.
  • V-TELL
    V-TELL (www.v-tell.com) is the brand name of Glotell B.V.. Glotell B.V. has it’s registered office at Willem Dreeslaan 37, 2729 ND Zoetermeer, the Netherlands. Glotell B.V. is registered at the Chamber of commerce in The Hague under number 61749257.
  • Working days
    Monday through Friday, with the exception of generally recognized Dutch public holidays.

 


1. General

1.1. These General Terms and Conditions apply to any offer of Services and to Agreements between V-TELL and the Contracting Party for the delivery of Services by V-TELL. V-TELL rejects the full and/or partial applicability of the general terms and conditions of the Contracting Party.

1.2. These General Terms and Conditions form an integral part of the Agreement. In case of conflict between the General Terms and Conditions and the terms of the Agreement, the terms of the Agreement shall prevail.

1.3. All V-TELL offers are non-binding offers. V-TELL may therefore revise its offer up to the time that the Contracting Party accept it, and may also revise it’s offer immediately after you have accepted it.

1.4. V-TELL may amend the agreement unilaterally. V-TELL will inform you prior to an amendment. If you have the right in that case to terminate the agreement, V-TELL will inform you of such and you may terminate the agreement before the amendment takes effect.

1.5. The General Terms and Conditions are not applicable to contracts between the Contracting Party (or End User) and third parties such as third party Content Services. They do only apply to the use of the Connection to reach these third party services.

1.6. Supplementary terms and conditions can apply to specific Services. V-TELL will publish them and declare them to be applicable.

1.7. Any codes of conduct relevant to the Connection and endorsed by V-TELL are indicated on it’s internet site. In so far as relevant, these codes of conduct are applicable to the Agreement for a Service.

1.8. If the Contracting Party is not the End User, the Contracting Party guarantees fulfillment of the obligations, as agreed by him, by the End User.

2. Conclusion of Agreements

2.1. An Agreement between V-TELL and the Contracting Party for the delivery of Services is concluded if a) the Contracting Party requests such and V-TELL confirms this request in writing or electronically, or b) the Agreement is implemented, which is the case if the Contracting Party makes use of the Service. If V-TELL rejects the Contracting Party’s request, it is not required to state the reasons.

2.2. The parties, while giving due regard to these General Terms and Conditions, can add Services to a Connection or change or terminate the Connection or Services. The additional contract to that end is established in the same ways as an Agreement is concluded as described above or in another way, as indicated by V-TELL in a specific case.
These General Terms and Conditions also apply to any further contract established in this way.

2.3. If the Contracting Party and V-TELL communicate electronically (e.g. via a website, e-mail or text message) and there are disruptions or delays in communication, V-TELL will not be responsible for such delays.

2.4. The V-TELL administration provides full proof of the Agreement, the use of the Connection(s) and the applicable rates. The Contracting Party is free to provide contrary evidence.

2.5. Agreements are offered and established electronically (which in this context is also taken to mean by telephone).

2.6. The Agreement is concluded solely in English. General information about V-TELL as a provider of Services can be perused on the internet site, such as registers relevant in this context where V-TELL is registered, relevant permits to which V-TELL is subjected and VAT registration numbers.

2.7. All information in order to have an Agreement established is entered electronically by Contracting Party and is for the risk of the Contracting Party. The Contracting Party guarantees the correctness of the orders placed and the information they contain. Although V-TELL has no obligation to verify the correctness of the information given, V-TELL will have the right to do so.

2.8. The Agreement is a remote contract as meant by article 7.46a under a of the Dutch Civil Code, a Consumer may cancel the Agreement within 7 Working Days of its establishment without giving reasons (or, if applicable, within 7 Working Days after receipt by the Contracting Party of the means for access, such as the security code and/or necessary applications and/or software). This right of termination does not apply if the use and/or consultation of the concerned Service, has started with the knowledge of the Contracting Party within the period of 7 Working Days, or if the right to terminate is not applicable on legal grounds.

3. SIM cards

3.1. In so far as necessary, V-TELL provides the Contracting Party for a Connection with a SIM card. The SIM card remains the property of V-TELL.

3.2. The Contracting Party must take all reasonable measures to protect the SIM card against unauthorized use, theft or damage. The security codes belonging to the SIM card must be kept secret as well as possible and may not be kept on or in the immediate vicinity of the SIM card.

3.3. V-TELL is entitled to exchange the SIM card provided to the Contracting Party in connection with a change of technical properties or in connection with technical obsolescence of the SIM card concerned. V-TELL is also entitled to change the technical properties or settings of a SIM card provided to a Contracting Party (remotely).

3.4. After an Agreement for a Connection has expired, the SIM card must be put beyond use immediately.

3.5. V-TELL is entitled to reclaim the SIM card from its holder if it strongly suspects that the SIM card has been obtained or is being used contrary to the provisions in the Agreement, including these General Terms and Conditions, or the clear meaning thereof, or is or has been used in some other unlawfully way.

4. Number allocation and retention

4.1. For the purposes of using a Connection, the Contracting Party must have one or more numbers, which will be allocated to the Contracting Party by V-TELL unless this is not necessary. In the case of a Mobile Telecommunications Service under which number retention is offered, a number that the Contracting Party is already using with another provider can be retained (and may be used for the Connection concerned) if that provider or those providers cooperate(s) with number retention. V-TELL may charge the Contracting Party for this service.

4.2. In the case of a Mobile Telecommunications Service under which number retention is offered, upon termination of the Agreement for (a) Connection(s) the Contracting Party can ask to take (a) number(s) used for that Connection to a connection from another provider of mobile telecommunications services.

4.3. If upon cancellation of a Connection, the Contracting Party wants to use number retention, V-TELL must be explicitly told this upon cancellation and must be provided with all relevant information needed for such number retention. V-TELL shall process the retention request in accordance with applicable regulations.

4.4. V-TELL is entitled to change the number(s) allocated to the Contracting Party in case of changes in a national number plan, changes in the number allocation by the Authority for Consumers & Markets (ACM) or changes in the number allocation by any foreign governmental and/or regulatory authority which changes affect the number(s) allocated to a Connection, changes in a Service and/or a Mobile Network, or in other cases that make a number change necessary.

5. Change in a Service or Mobile Network

5.1. The technical properties of a Mobile Telecommunications Service or a Mobile Network may be changed by V-TELL in order to continue to meet regulatory requirements and the latest technological requirements.

5.2. V-TELL may terminate or change the provision of Services wholly or in part in connection with the termination, change or withdrawal of a permit that is necessary for the creation and operation of a mobile Network. V-TELL will notify the Contracting Party for the Service that will be terminated at least three Months beforehand, unless this is not reasonably possible.

5.3. If V-TELL terminates the provision of Service(s) on the grounds of the previous paragraph, the existing Agreement(s) for the Service(s) end latest on the date on which the said service provision is terminated. In that case V-TELL will offer the Contracting Party a reasonable replacement Service where possible.

5.4. In addition to the provisions of the third paragraph, V-TELL is entitled to terminate or change (a Service Proposition of) a Mobile Telecommunications Service giving due regard to a notice period of at least three Months if operational, technical or business reasons give cause to do so. The provisions of the previous paragraph apply correspondingly.

5.5. V-TELL is also entitled to terminate or change (a Service Proposition of) a Supplementary Service giving due regard to a notice period of at least one Month if operational, technical or business reasons or current requirements give cause to do so.

6. Use

6.1. The Contracting Party is responsible for all use made of his Connection, even if this is without his permission, consent or knowledge. All Traffic Costs incurred and other costs arising out of the use of the Connection are to be borne by him.

6.2. A Connection may only be used in combination with a Mobile Handset that meets the applicable legal requirements. The consequences, including possible financial consequences, of using devices that do not meet these requirements are at the expense and sole risk of the Contracting Party. Mobile Handsets can have different functionalities, which can have implications for the use options of Services.

6.3. It is not permitted to misuse a Connection and/or Service directly or indirectly, for example (but not limited to) by carrying out activities that, contrary to the intention of the Service, limit the amounts owed to V-TELL by the Contracting Party or a third party, such as activities that:
a) cause malfunctions in Services, Mobile Networks and/or other (computer) networks or telecommunications infrastructures, or that cause a nuisance to them or unforeseen use of them;
b) harass or threaten third parties or that intrude upon their private lives in some other way;
c) conflict with the applicable legislation and regulations, including the national number plans;
d) use the Connection as a SIM box.

6.4. If telecommunications traffic is hindered by the use of a Service or connected Mobile Handsets, the Contracting Party is bound to promptly comply with instructions given by V-TELL and to accept the financial consequences thereof. If, in V-TELL’s opinion, it is necessary, V-TELL may immediately take the Connection with regard to a specific Service or otherwise (temporarily) out of service wholly or in part.

6.5. A Fair Use Policy may apply to a Service Proposition, as issued by V-TELL on it’s internet site.

6.6. Even if no fixed limit applies to the Service concerned. the use of this Service should nevertheless be reasonable. In any event (always taking the nature of the Service Concept into account) the following are examples of activities that will be deemed ‘unreasonable’ use:
a) Connections that remain open for extended periods (baby phone), continuous or virtually continuous use;
b) use for commercial purposes, such as resale of the Service;
c) use for other than personal or private purposes or, in the case of Service Propositions intended for business use, for use other than normal business use;
d) in case this is specifically stated in the Service Concept: use above a certain reasonable amount, this amount being derived from the average use of other, comparable users;
e) use that is otherwise contrary to the provisions of this article.

6.7. If V-TELL concludes that there is unreasonable use of a Service, it is entitled, without any prior notice, to suspend use of the Service temporarily or otherwise, to limit the use options or quality level of the Service temporarily or otherwise (for example by limiting the speed delivered for data traffic), or – in the case of repeated unreasonable use – to terminate the Agreement for the Service.

6.8. The Contracting Party guarantees that he has the intellectual property rights and use rights that are needed for the use of a Content Service. The Contracting Party will not carry out any activities that he knows or could reasonably be expected to know are punishable by law or unlawful in respect of V-TELL or third parties. The Contracting Party will not fail to carry out activities that he knows or could reasonably be expected to know will result in acts that are punishable by law or unlawful in respect of V-TELL or third parties.

6.9. The Contracting Party specifically guarantees that neither he nor an End User, through the Connection or using the Connection, will:
a) spread (computer) viruses or misuse access privileges;
b) bypass safeguards or deliberately deactivate devices that are connected directly or indirectly to the Mobile Network or make any attempt to do so;
c) change or make unusable third party information without that party’s permission or add information to third party information without that party’s permission;
d) send large quantities of unsolicited messages with the same or comparable content (or have them sent) or publish large quantities of information with the same or comparable content;
e) pose (misleadingly) as someone else, for example, by using an address to identify himself as the sender of a particular message from a third party without that party’s permission;
f) use Services and Content Services in and from other countries than the Netherlands contrary to the applicable legislation and regulations in those countries.

6.10. The Contracting Party will comply with any additions to these regulations. In addition to the provisions elsewhere in these General Terms and Conditions, in view of the Service being provided and the technology used, the following applies in particular to Content Services:
a) V-TELL does not guarantee the success of transactions that are (partially) implemented using a Content Service;
b) V-TELL is not responsible for the storage of messages and information by the Contracting Party, with or without the help of the memory of his Mobile Handset, in particular with regard to the possible automatic generation of data traffic or the automatic forwarding, changing or loss of information stored by the Contracting Party.

7. Prepaid Service

7.1. In principle, the Agreement for the delivery of prepaid Services is concluded for an indefinite period of time. The Contracting Party’s Call Credit is valid for a limited period and expires after a certain period of time. If Contracting Party’s Call Credit has been used up or if it has expired, the Contracting Party can use the prepaid Agreement only to a limited extent (e.g. calling 112). The Contracting Party may purchase new Call Credit within a certain period. If the period for purchasing new Call Credit has expired, the prepaid Agreement will terminate. All detailed validity terms and periods of Call Credit can be found at www.v-tell.com.

7.2. If you transfer to another telecom supplier and you wish to take your number with you, the Agreement will also terminate.

7.3. If the prepaid Agreement ends, any Call Credit will also be cancelled and the Contracting Party can no longer purchase any new Call Credit. V-TELL may then allocate the Contracting Party’s number to someone else, unless the Contracting Party has successfully transferred the number to another telecom supplier.

7.1. In principle, the Agreement for the delivery of prepaid Services is concluded for an indefinite period of time. The Contracting Party’s Call Credit is valid for a limited period and expires after a certain period of time. If Contracting Party’s Call Credit has been used up or if it has expired, the Contracting Party can use the prepaid Agreement only to a limited extent (e.g. calling 112). The Contracting Party may purchase new Call Credit within a certain period. If the period for purchasing new Call Credit has expired, the prepaid Agreement will terminate. All detailed validity terms and periods of Call Credit can be found at www.v-tell.com.

8. Quality levels, maintenance and malfunctions

8.1. In mobile telecommunications the possibilities for building up connections and the quality and properties of connections cannot be the same in all places at all times. The differences may depend, among other things, on the Mobile Handsets used, the radio coverage of the Mobile Network being used (which can be affected by, among other things, the location or presence in a building), the quantity of telecommunications traffic and atmospheric conditions.

8.2. In mobile telecommunications the transport of information takes place wholly or partly through the air. The Contracting Party accepts that transported information can be received by parties other than those for which it was intended. V-TELL will apply and support technologies, within the technical standards of the Mobile Networks used, that impede the perusal of transmitted information by third parties.

8.3. The Contracting Party can utilize the option to use his Connection, possibly with regard to certain Services, in another country (international roaming) in the cases where V-TELL has provided for this. This option and the associated rates and terms and conditions can vary from one Service Proposition to another. The Contracting Party can use the Services of the foreign provider concerned, with due regard for the use options and quality characteristics that are offered by this provider and the applicable laws and regulations of that country. V-TELL is entitled to make changes in the areas and providers where use can be made of this option and also in the Services provided.

8.4. V-TELL is entitled to specify limits for the use of Services, in particular Content Services, that arise out of the technology used for the Service concerned, the nature of the Service or the Mobile Handsets used by the Contracting Party. In this context V-TELL is in any event entitled to not transport messages intended for the Contracting Party in the context of refusing large quantities of simultaneously sent messages where it is reasonable to assume that they have not been requested by the Contracting Party.

8.5. V-TELL will use its best efforts to provide Service with as little disruption as possible. However it is technically impossible to prevent all Service malfunctions or other limitations to the use of the Service. Liability for the non-functioning or not proper functioning of services only exists within the limits of these General Terms and Conditions or in so far as V-TELL and the Contracting Party have made explicit provisions for this in a further contract, to the extend permitted by law.

8.6. V-TELL makes use of the telecommunications network of third party suppliers for the delivery of the Services. V-TELL and its third party suppliers may temporarily put (a part of) the Network out of operation for the purposes of maintenance. V-TELL will limit this to a minimum and where this is nevertheless necessary and reasonably possible V-TELL will give timely notification if this shutdown has noticeable implications for the Contracting Party.

8.7. As soon as possible after V-TELL becomes aware of them, V-TELL will investigate malfunctions and resolve them to the best of its ability.

8.8. The costs of investigating and resolving malfunctions will be borne by V-TELL. These costs may be charged to the Contracting Party if it emerges from the investigation that the malfunction is in the Mobile Handset that is being used or it is the result of an action by the Contracting Party or End User that is contrary to what has been agreed.

8.9. V-TELL owes Contracting Party a compensation fee (as meant in article 7.1a of the Telecommunication Act) in the event of a malfunction of the Services which results in the Services being down for a period of time longer than 12 continuous hours. This compensation fee shall be for each 24 hour period, per 24 hour period:

  • for Services for which a monthly Fee applies: 1/30 part of the monthly Fee, with a minimum of EURO 1,- and
  • for Services for which a prepaid Fee applies: EURO 0.50, with a minimum of EURO 1,-.

8.10. If applicable, V-TELL shall pay the abovementioned compensation upon Contracting Party’s request and if the disturbance of the Network ocurred in the place where Contracting Party’s residential address is (as registered by V-TELL). No right to compensation arises from disturbances of the Network as a result of flood, terrorist attacks or war.

9. V-TELL liability

9.1. In the context of the establishment or execution of an Agreement, to which these General Terms and Conditions apply, V-TELL is not liable, except as stipulated in the following paragraphs.

9.2. V-TELL is only liable for direct loss or direct damage that occurred as a result of a shortcoming attributable to V-TELL in the following cases and up to the amounts stated for them:
a) if it relates to loss or damage as a result of death or physical injury, up to an amount of EUR 1.500.000 per occurrence;
b) if it relates to loss or damage as a result of acting contrary to articles 273d and 273e of the Dutch Penal Code, up to an amount of EUR 1.500.000 per occurrence;
c) if it relates to loss or damage as a result of damage to tangible property of the Contracting Party that occurred during work associated with executing an Agreement, up to an amount of EUR 500.000 per occurrence;
d) if it relates to loss or damage as a result of V-TELL putting a Connection out of operation without reasonable cause, up to an amount of EUR 2.500 per Connection with a maximum of EUR 1.000.000 per occurrence;
e) if it relates to loss or damage as a result of V-TELL omitting or stating information incorrectly about the Contracting Party in telephone directories or number information services, up to an amount of EUR 2.500 per entry with a maximum of EUR 1.000.000 per occurrence;
f) If it relates to loss or damage as a result of administrative errors by V-TELL other than those
g) referred to in d and e, up to an amount of EUR 2.500 per Connection with a maximum of EUR 1.000.000 per occurrence.

9.3. Shortcomings of other providers of networks and services to which V-TELL’s Network is directly or indirectly connected and from other providers of Content Services are not attributable to V-TELL.

9.4. If, as a result of an occurrence (or a series of related occurrences with the same cause) as referred to in the second paragraph, there is more than one claim and the joint claims exceed the maximum specified per occurrence, the claims will be settled proportionately.

9.5. V-TELL cannot appeal to the limitation of liability as referred to in the first and second paragraphs if the loss or damage was caused by V-TELL with willful intent, or recklessly and in the knowledge that this loss or damage could arise out of it.

9.6. Loss or damage must be reported in writing to V-TELL as soon as possible but no later than four weeks after it could reasonably have been discovered. Loss or damage that is not reported to V-TELL within this timeframe is not eligible for compensation. This does not apply in respect of Consumers if the Contracting Party shows that a timely or written response could not reasonably be expected from them.

10. Contracting Party’s liability

10.1. In the context of the establishment or execution of an Agreement, the Contracting Party is not liable except as stipulated in the following paragraphs of this article or elsewhere in these General Terms and Conditions.

10.2. The Contracting Party is liable for loss or damage that occurred as a result of a shortcoming attributable to him. A Consumer is only liable for consequential loss sustained by V-TELL if the damage was caused by the Contracting Party with willful intent, or recklessly and in the knowledge that this loss or damage could arise out of it.

10.3. The Contracting Party indemnifies V-TELL against third party claims for compensation for loss or damage that these third parties could recover from V-TELL in any way whatsoever in so far as this claim is based on the use made of the Services by the Contracting Party or an End User, in particular with regard to the content of information and any intellectual property rights to it transmitted or requested by him or by an End User by means of a Service.

10.4. If Contracting Party fails in complying with the Agreement (by, for instance, sending unsolicited bulk e-mails), the Contracting Party will indemnify and compensate V-TELL for any related claims of third parties.

10.5. If Contracting Party uses a mobile number for the Services that is not issued in the Netherlands, it is Contracting Party’s responsibility to comply with applicable laws and regulations, which may additionally apply. Contracting Party will indemnify and compensate V-TELL for any claims related to the use of such mobile number for the Services.

11. Payments

11.1. You will owe the Fees for the products and Services you acquire from V-TELL. You will also owe V-TELL a Fee for products and services of third parties charged to you by V-TELL, such as Content Services. You will find the various rates and payment method in the overview at www.v-tell.com.

11.2. The rates can consist of once-only amounts due, amounts due on a monthly or other periodic basis, traffic costs and amounts owed for Supplementary Services. The applicable Fees for Traffic Costs related to the use of the Services you have acquired from V-TELL shall be deducted from your Call Credit.

11.3. V-TELL may adjust the rates unilaterally at any time. V-TELL will inform you prior to an adjustment. If you have the right in that case to terminate the Agreement for the Services, V-TELL will inform you of such and you may terminate the Agreement before the adjustments take effect.

11.4. Call Credit can not be exchanged for cash or be refunded by V-TELL or any third party to Contracting Party.

11.5. V-TELL is allowed to increase the prices payable on June 1st of each year in accordance with the Consumer Price Index published by Statistics Netherlands (CBS) over the previous period January 1st – December 31st. If the CBS Consumer Price Index is negative in any year, the prevailing prices shall not be amended.

11.6. V-TELL’s information is conclusive in determining the amounts owed unless it can be demonstrated that this information is not correct.

12. Suspension and termination of Services

12.1. V-TELL may shut down (suspend) the Services immediately if this is legally possible without any obligation by V-TELL to compensate the Contracting Party to this regard. This may be the case in, for instance, the following situations: (a) your SIM card is blocked, and/or (b) you fail to meet your obligations (if, for instance, you fail to comply with these General Terms and Conditions, article 6 (“Use”) in particular), and/or (c) in the event of not timely payment of amounts owed, and/or (d) V-TELL establishes that you are making use of the Services which is not in accordance with V-TELL’s Fair Use Policy or is above average and/or (e) you fail to pay costs prematurely at the request of V-TELL or fail to provide security for those costs.

12.2. The suspension ends when V-Tell establishes that you are fulfilling your obligations.

12.3. In the period of time that the Services have been suspended by V-TELL, you will be obliged to pay for the (fixed, recurring) costs associated with the Services.

12.4. In the event the Contracting Party fails to fulfill its obligations within a period specified by V-TELL or within 14 days if no period is specified by V-TELL after the date of suspension, V-TELL may terminate the Agreement for the delivery of the Service(s). Reconnection costs may be charged for lifting the suspension.

12.5. In addition to V-TELL’s right to terminate the Agreement for the delivery of the Service set out in these General Terms and Conditions, V-TELL may also terminate the Agreement if you have not made use of the Services and/or you have not purchased Call Credit for a period of time as published on our website www.v-tell.com.

12.6. Upon or termination of the Agreement for the delivery of the prepaid Service you (a) shall not be able to make use of the SIM-card, (b) shall not be able to make use of the Call Credit, and (c) the Call Credit shall automatically be cancelled and shall not be reimbursed or compensated to Contracting Party and (d) the mobile number of the Connection(s) shall be cancelled.

12.7. V-TELL is under no obligation to notify the Contracting Party in the event that there has not been made use of the Service for a period of time as published on our website www.v-tell.com.

13. Protection of personal data

13.1. V-TELL processes your personal, call and Internet details subject to the applicable laws and regulations, in particular the Dutch Telecommunications Act [Telecommunicatiewet], the Personal Data Protection Act [Wet bescherming persoonsgegevens] and relevant EU Regulations. V-TELL does so in the manner and for the purposes described in the most recent version of our privacy statement as published on our website www.v-tell.com.

13.2. In addition, V-TELL may process your (personal) data and, if necessary, provide (personal) data to third parties including V-TELL's group companies, if necessary for the performance of the Agreement or required for a legitimate interest of V-TELL. Your (personal) data may also be provided to third parties in the context of a transfer of (a part of) V-TELL’s business.

13.3. If you purchase a service (such as a software application) from a third party, for the purpose of which this third party processes your personal data, V-TELL will not be liable for damage resulting from the processing of your personal data by this third party. This privacy statement will be amended if new developments make it necessary.

13.4. The following paragraphs of this article contain a few special provisions relating to protection of the personal privacy of the Contracting Party (or End User).

a) Processing for commercial purposes;
V-TELL may process your personal data for commercial, idealistic and charitable purposes including market research, marketing and sales activities, assessing creditworthiness, combatting fraud and provision to third parties, with due regard for the purposes and options to resist applicable to the processing concerned, as described in detail in the privacy statement.

b) Processing in the context of statutory obligations;
V-TELL will comply with statutory obligations to provide information, for example as part of a criminal investigation, and will cooperate with lawfully issued instructions for telephone tapping, recording of calls and providing personal data, traffic data (verkeersgegevens) and location data. V-TELL is not liable for any damage that results froms V-TELL’ s compliance with it’s obligations as described in this article.

c) V-TELL is entitled, in collaboration with other providers of public mobile telecommunications services, to create a database of Contracting Parties whose Connection has been taken out of operation on the grounds of the provisions of article 12 (Suspension and termination of Services). This database is intended for use by V-TELL and these providers in the context of accepting applications for telecommunications services. The Contracting Party can ask the party responsible for this database if he is registered in such a database and in if that is the case, on what grounds he is registered. If the Contracting Party objects to the grounds on which is registered, he can lodge an objection to the registration.

d) Processing for telephone directories and subscriber information services;
If the Contracting Party informs V-TELL that he wants to make use of this, V-TELL may provide personal data to the providers of paper and electronic telephone directories and subscriber information services for the purposes of publishing such directories and subscriber information services. V-TELL cannot guarantee the correctness, completeness and legitimacy of the information published by a Contracting Party or such a provider.

14. Complaints and disputes

14.1. In the event of complaints or disputes with regard to a Service, a Contracting Party can report any complaints to V-TELL within two Months. In first instance the Contracting Party must approach V-TELL using the contactdetails published by V-TELL for this purpose. V-TELL will make a substantive response within 30 days after receipt of the complaint or dispute, unless this is not reasonably possible. If V-TELL is unable to respond within 30 days, V-TELL will let you know, also when V-TELL expects to be able to respond in detail to your complaint.

14.2. The Contracting Party which is a Consumer can submit the dispute to the Telecommunications Disputes Committee (Geschillencommissie Telecommunicatie, postbus 90600, 2509 LP, The Hague) no later than 30 days after receipt of a written rejection from V-TELL or within 30 days after expiry of the date on which, according to the previous paragraph, there should have been a response, provided that the dispute relates to a Service (or the application for it) which is solely or primarily used by Consumers and the committee is also authorized to hear the dispute on the grounds of its regulations. The said regulations specify the way the dispute is submitted and processed. The decision of the committee is binding for the parties.

14.3. If the Contracting Party does not agree with the handling of a dispute by the Disputes Committee or if this committee is incompetent on the grounds of its regulations to resolve the dispute, the parties can submit the dispute to a competent civil court in the Netherlands.

14.4. Without prejudice to the aforesaid, the Contracting Party can submit disputes to the Authority for Consumer & Markets (‘ACM’) in cases provided for by the law.

15. Changes in terms and conditions and rates

15.1. V-TELL is entitled to amend a stipulation in the Agreement, including the General Terms and Conditions.

15.2. With the exception of the provisions in article 15.4, such amendments also apply to existing Agreements to which these General Terms and Conditions have been declared applicable, unless V-TELL states that this is not the case.

15.3. The amendments come into effect four weeks after the announcement or on a later date stated in the announcement unless a different period is required by law, which will then apply.

15.4. If a Contracting Party does not wish to accept an amendment that relates to a Service he has purchased, he can terminate the Agreement with regard to that Service effective from the date on which the amendment comes into force. The written cancellation must have been received by V-TELL before the date the amendment becomes effective.

15.5. The provisions of the previous paragraph do not apply:
a) if the amendment is solely for the benefit of the Contracting Party;
b) if the amendment in reasonableness has no implications for the (legal) position of the Contracting Party;
c) if the Contracting Party is offered the option to refuse the amendment;
d) if the amendment was already irrevocably agreed to when the Agreement was entered into, such as a periodic adjustment of the rates in line with inflation;
e) if the amendment is prescribed by the authorities; or
f) in other cases in which this is not required on the grounds of the applicable legislation and regulations, applicability of the new General Terms and Conditions and/or rates, unless the Contracting Party has explicitly stated that the termination is also valid in this case.

16. Other provisions

16.1. The Contracting Party is obliged to provide V-TELL with information that V-TELL needs for the maintenance or the proper operation of a Service, including information about Mobile Handsets that are connected or to be connected. If your details change (such as your bank account number), you must report this to us within 14 days. If you relocate, you must report this at least 14 days prior to your relocation. You can report changes via V-TELL’s website www.v-tell.com. If you do not report changes within 14 days, the consequences will be for your account.

16.2. The laws of the Netherlands apply to (the establishment of) an Agreement and the legal relationship that arises out of it.

16.3. You may not transfer the Agreement and the corresponding rights and obligations to a third party without the written permission of V-TELL.