Acceptable Use Policy: the rules of conduct used by TriNed for the use of the Service to which the Customer must conform;
Service: the service to be operated by TriNed whereby access to the Internet is obtained via the technical infrastructure of TriNed and of parties with which TriNed cooperates and whereby, among other things, (a) information can be consulted, (b) messages can be exchanged, (c) server space can be offered for placing information, (d) television streams can be watched and (e) people can make and receive calls via a telephone connection intended for consumer use.
Internet: a worldwide set of, inter alia, interconnected computer networks and computer databases;
Hardware: the hardware required and supplied by or on behalf of TriNed, including but not limited to the modem, firewall, router and/or receiver, depending on the Service purchased by the Customer for the use of that Service;
Customer: the natural person or legal entity with which TriNed enters into an agreement with regard to the Service or makes use of the Service or the associated Hardware or Software.
Agreement: The Agreement between TriNed and the Customer concerning the provision of the Service. The following form part of the Agreement: the (electronically) signed Agreement by the Subscriber and the TriNed General Terms and Conditions.
Business Service: Any service offered by TriNed and purchased by Customer which is not specifically intended for Consumers;
ADSL: The service offered by TriNed and purchased by the Customer, which is based on the ADSL protocol (Asymmetric Digital Subscriber Line);
SDSL: the service offered by TriNed and purchased by the Customer, which is based on the SDSL protocol (Symmetric Digital Subscriber Line);
Fibre optic: The service offered by TriNed and purchased by the Customer, which is connected via a fibre optic connection;
Connection: the connection that gives the Customer access to the Service; whereby the Customer must have a suitable connection to KPN's fixed telephony service, a suitable fibre-optic connection from Reggefiber or another connection from a TriNed partner.
TriNed: TriNed B.V., established in Sint-Oedenrode. Registered with the Chamber of Commerce for Brabant under number 17263356.
Software: the software, depending on the Service purchased by Customer, required for the use of that Service and supplied by or on behalf of TriNed.
Failure: The non-availability of the Service for use by the Customer regarding a substantial part of the Service, except during maintenance periods, for a consecutive period of time. Outage of the electricity grid is explicitly not covered by a malfunction.
2.1 These General Terms and Conditions shall apply to all legal relationships between TriNed and Customer, for whatever reason or under whatever name, unless TriNed and Customer have expressly agreed otherwise in writing.
2.2 TriNed expressly reserves the right to unilaterally amend the General Terms and Conditions, the specifications and the rates of the Service. Changes shall also apply to agreements already concluded. Amendments shall be notified to Customer via the website and shall take effect thirty days after their announcement or on a later date stated in the announcement.
2.3 Stipulations deviating from these General Terms and Conditions shall only apply if and insofar as they have been expressly accepted by TriNed in writing.
2.4 Any general (purchase) conditions applied by Customer shall not apply unless and insofar as TriNed has expressly accepted the applicability of Customer's conditions.
- Formation of the agreement
3.1 Insofar as an offer made by TriNed with respect to the Service can be regarded as an offer, each offer made by TriNed shall be an offer without obligation, on the express condition that the Agreement shall only be formed after written acceptance of Customer's notification by TriNed, as referred to in Article 3.2.
3.2 The Agreement shall be formed by Customer (1) registering for one or more Services of TriNed by means of an Agreement which has been fully completed and signed, made available by or on behalf of TriNed; or (2) by telephone; or (3) by means of a homepage or (4) by means of an e-commerce website of TriNed or otherwise online, and TriNed accepts this registration in writing. TriNed's written acceptance of Customer's application may take a maximum of 2 weeks.
3.3 Before TriNed accepts the agreement in writing, a creditworthiness check shall be carried out at EDR Credit Services in the most extreme situations.
3.4 TriNed has the right to refuse a Customer without giving reasons.
3.5 Dates specified by TriNed for the delivery of the Connection or for any other delivery of the Service are target dates. If the dates are exceeded, TriNed shall never be liable for any damage whatsoever and Customer shall not be entitled to dissolve the agreement relating to the exceeding thereof.
- Compensation and Prices
4.1 Unless agreed otherwise and depending on the Service purchased from TriNed by Customer, TriNed shall be entitled from the moment of the realisation of the Connection, inter alia, to charge Customer one or more of the following fees: (a) a one-off amount upon completion of the Service Connection; (b) a monthly amount for the Service provided by TriNed to Customer; (c) fees based on the use or use in excess of the set limit per unit time of the Service and/or (d) an amount for any special or optional services provided by TriNed; (e) removal costs; (f) termination costs; (g) cancellation/ termination costs; (h) costs for up and/or downgrades.
4.2 The amount of the subscription fees and prices payable by Customer pursuant to Article 4.1 shall be stated in the Agreement, on the TriNed website or in the information on the Service provided by or on behalf of TriNed.
4.3 TriNed reserves the right to change the fees and prices unilaterally. TriNed shall notify Customer of an increase in the applicable fees at least one month before the commencement date of the increase. Customer shall be entitled to terminate the Agreement in writing up to the commencement date of the increase with effect from the intended commencement date of the increase. In the event of changes to telephone rates or the Interactive Television offer, early termination is not possible.
4.4 Customer will also owe the applicable fees if the Service is used by third parties, unless Customer can prove that such use is unauthorised and the use is due to serious shortcomings on the part of TriNed.
5.1 Payment of the amounts owed by Customer to TriNed in respect of the Agreement entered into shall take place by means of direct debit. Customer shall authorise TriNed to debit the amounts owed from Customer's (postal) bank account. In addition to the (subscription) fee, the authorisation shall also cover: a. the costs referred to in Article 4.1; b. the (administration) costs referred to in Articles 5.4 and 5.5; c. the value of the modem, firewall, router and/or receiver referred to in Article 7.6; d. the deposit referred to in Article 16.2; e. the one-off (installation) costs as well as any peripheral equipment installed; f. the repair and/or replacement costs of the modem, firewall, router and/or receiver.
5.2 Complaints about the amount of the direct debit or, in the event that TriNed sends Customer an invoice, about the amount of the invoice, must be reported by Customer to TriNed in writing within 8 days after the direct debit or within 8 days after receipt of the invoice. If Customer lodges a complaint in accordance with this Article and pays the uncontested part of the amount debited or charged by TriNed, TriNed shall not exercise the right to suspend or terminate the Agreement pursuant to Article 12.1(a) on account of late payment by Customer.
5.3 Unless agreed otherwise, the amounts owed by Customer must be paid in advance. The specification of the amounts owed shall be available via My TriNed. If payment is made by direct debit, Customer shall ensure an adequate balance on his account. If direct debit is not possible or Customer does not pay the invoice on time, Customer shall be in default without notice of default being required.
5.4 In the event of late payment within the meaning of Article 5.3, Customer shall owe interest of 1.5% per month or part thereof as well as reasonable administration costs incurred by TriNed from the date of default up to and including the date of payment of the entire amount owed.
5.5 All costs incurred by TriNed to obtain payment out of court in the event of failure to pay or late payment by Customer shall be for Customer's account, with a minimum of € 250.
- Obligations of TriNed
6.1 TriNed shall make every effort to provide the Service to Customer without Malfunction.
6.2 TriNed shall, depending on the Service, whether or not for payment, make the Hardware and/or Software required to use a Service, as well as newer versions thereof at certain times and at its own discretion, available to Customer. Unless TriNed and Customer expressly agree otherwise in writing, the Hardware and/or Software shall remain TriNed's property and Customer shall exercise due care in this regard. Upon renewal of the Hardware and/or Software Customer shall return the old version to TriNed. If applicable for a Service, TriNed shall assign Customer a user name and password for use in relation to that Service.
6.3 TriNed expressly does not guarantee that the Service, the Hardware and/or the Software can be used at all times and without interruption or malfunction. TriNed's sole liability for a malfunction in a Service, the Hardware and/or the Software is to repair the defect or to renew the delivery of the defective Service, the Hardware and/or the Software.
6.4 A malfunction in the Service shall be remedied by TriNed as soon as possible in accordance with the Agreement. With the exception that TriNed cannot remedy a Service outage if the outage is not caused by TriNed's own network. Repair of a Interference will take place on working days between 08.30 and 17.00 hours. Cancellation of a Malfunction may take place outside these times if this has been agreed between TriNed and Customer, whereby Customer shall be liable for the costs associated with the cancellation of the Malfunction.
6.5 The costs involved in eliminating the Malfunction shall be at Customer's expense if the Malfunction was caused by Customer's negligence or by Customer's actions in violation of the Agreement.
6.6 TriNed shall be entitled to temporarily put the Service out of operation for the purpose of remedying a Malfunction, without being liable to pay damages to Customer.
6.7 TriNed shall be entitled to make changes to the user name and/or password(s) if this is desirable for the proper functioning of the Service. If such changes directly affect the way in which Customer obtains access to the Service, TriNed shall inform Customer of the changes in good time.
6.8 TriNed shall never be liable for damage which Customer may suffer as a result of the provisions of this article.
- Customer's obligations
7.1 The Customer is responsible for the hardware, software, ancillary equipment and connections necessary for the Service to be operational. To the extent necessary to make or keep the Service operational, Customer shall make its own hardware, software, auxiliary equipment or connections temporarily available to enable TriNed to provide the Service(s).
7.2 If necessary for the Service, Customer shall provide all cooperation to TriNed or a third party engaged by it in order to make the Service operational at Customer's location. Customer shall himself take care of any permits, exemptions or authorisations necessary for the use of the Service.
7.3 The Customer will refrain from conduct that is contrary to the Agreement or the law. In particular, Customer shall refrain from the following conduct: a. infringing the intellectual property rights of third parties and/or TriNed;
- gaining or attempting to gain unauthorised access to computer systems, software and data; c. distributing data in violation of statutory provisions; d. without the permission of the third party concerned, changing, rendering unusable or adding data to data of third parties; e. creating, introducing or distributing viruses; f. making use of the Service in such a way that the correct operation of TriNed's computer systems is prevented, or that other TriNed customers are hindered in using the Service.
7.4 Customer shall not temporarily or permanently lease, sell, transfer or otherwise dispose of the Hardware and Software made available by TriNed.
7.5 TriNed may charge Customer for repair or exchange costs in connection with the modem, firewall, router and/or receiver if Customer has caused a defect or damage or if Customer has made changes or had changes made to the modem, firewall, router and/or receiver without TriNed's permission.
7.6 The Customer shall not use the Service in a manner that could prevent or hinder the use of the Service by other users.
7.7 Customer shall not use hardware and/or software which does not meet the requirements laid down by or pursuant to the law or in a manner not permitted by TriNed.
7.8 By virtue of this Article 7, the Customer is responsible for any use that is made by means of his Connection of the Service, regardless of whether this use is made by the Customer himself or by third parties.
7.9 The Customer is responsible for the security of his computer and files. TriNed shall not be liable for this in any way whatsoever.
7.10 TriNed reserves the right, in accordance with the due care befitting in society, to take adequate measures if Customer infringes any intellectual property right or otherwise acts unlawfully using the Service.
7.11 The Customer is fully responsible for the undisturbed maintenance and proper functioning of KPN's fixed telephone line required for the Service (only for ADSL connections).
- Intellectual and industrial property
8.1 TriNed shall have the necessary intellectual property rights to provide the Service to Customer.
- 2 TriNed shall indemnify Customer against claims or demands of third parties relating to (alleged) infringement of any intellectual property right of this third party arising or caused by Customer's use of the Service and/or of the Hard and/or Software, provided that Customer immediately notifies TriNed of such claim or demand; TriNed exclusively allows and enables TriNed to conduct the defence against the claim or demand; provides TriNed with the necessary information and assistance to enable TriNed to conduct the defence against the claim or demand adequately and gives TriNed exclusive control in the defence against the claim, including reaching an amicable settlement. TriNed shall not indemnify Customer if the (alleged) infringement has arisen due to, in connection with or as a result of the actions of Customer.
8.3 Customer shall acquire a non-exclusive and non-transferable right of use in respect of the Hardware and Software made available by TriNed and the accompanying user documentation for the duration of the Agreement.
8.4 Customer may not copy the Software and the associated user documentation, unless this is permitted pursuant to applicable mandatory provisions of law, including copying for normal use and for back-up purposes. The Client shall leave the data relating to intellectual property rights and origin stated on the Hardware and Software and the accompanying user documentation intact.
- Force majeure
9.1 TriNed shall not be deemed to have failed imputably or to be otherwise liable to Customer on account of a shortcoming in the performance or failure to perform any obligation arising from the Agreement, insofar as this shortcoming in the performance or failure to perform is not due to TriNed's fault, nor shall it be for TriNed's account by virtue of the law, legal act or generally accepted views.
- Limitations of liability
10.1 Except in the event of intent or wilful recklessness, TriNed's total liability on account of an attributable failure in the performance of the Agreement shall be limited to compensation of the direct loss up to a maximum of the total amount paid by Customer to TriNed in the two months prior to the event causing the loss. TriNed's liability for indirect loss or damage, including but not limited to consequential loss or damage, loss of profit, lost savings and loss due to business stagnation, is excluded at all times.
10.2 Apart from the case referred to in Article 10.1, TriNed shall not be liable in any way for compensation, irrespective of the ground on which an action for compensation would be based.
10.3 TriNed's reasonable interest in being able to defend itself against a claim for damages shall mean that Customer's right to compensation shall lapse if Customer does not assert its right to compensation within one month of the damage arising.
10.4 Customer shall be liable for any damage caused to TriNed by him. This liability of Customer shall also apply in respect of damage caused by third parties whose acts and conduct can be attributed to Customer.
10.5 Customer shall indemnify TriNed against all claims of third parties relating to the use of the Service(s) by Customer or by third parties whose actions and conduct can be imputed to Customer. Customer shall compensate TriNed for all damage and costs arising from such third party claims.
10.6 TriNed shall not be liable for any damage suffered by Customer as a result of acts or omissions of third parties with which Customer has entered into an agreement, not even if it concerns agreements which are favourable, desirable or necessary for the use of the Service, including but not limited to agreements with telephone companies, cable companies and hardware or software suppliers.
10.7 Complaints about the quality and availability of the Service must be submitted to TriNed in writing within 6 weeks after the complaint concerned has occurred, failing which the complaint concerned shall not be dealt with.
- Duration and termination of the agreement
11.1 Unless expressly agreed otherwise, the Agreement will be entered into with a minimum duration of 12 months and will enter into force at the time of the realisation of the Connection.
11.2 If the Client has entered into an Agreement for a Business Service, it shall be renewed quarterly after the minimum term of 12 months. Termination of an Agreement is therefore possible as of 1 January, 1 April, 1 July and 1 October.
11.3 The Agreement may be terminated in writing by TriNed and by Customer with due observance of a period of one month. If Customer terminates or terminates the Agreement prematurely during the first year of the contract, this shall not affect his payment obligations for the first year of the contract.
11.4 TriNed shall be entitled to amend the Agreement prematurely and unilaterally, provided that the intended amendment is not of a drastic nature. TriNed shall inform Customer of the intended amendment at least one month before the commencement date of the amendment. Customer shall be entitled to terminate the Agreement in writing within one month after receipt of TriNed's notification, unless it concerns a price change for which no termination is possible pursuant to Article 4.3.
- Suspension and termination
12.1 TriNed shall be entitled with immediate effect to suspend the (supply of or access to the) Service in whole or in part or to terminate the Agreement without being liable or otherwise liable to pay damages to Customer, if:
- Customer fails to fulfil his obligations under the Agreement or the law, unless the failure does not justify suspension or termination in view of its special nature or minor importance;
- the Client has applied for or been granted a moratorium, has been declared bankrupt or has applied for bankruptcy or has been placed under guardianship.
12.2 Suspension or termination of the Agreement pursuant to Article 12.1 will not affect the Customer's payment obligations under the Agreement.
12.3 Immediately after termination of the Agreement Customer shall return to TriNed all Hardware and Software made available by TriNed and all copies thereof, if any.
13.1 Customer shall provide TriNed with the information which TriNed considers necessary and which is requested by TriNed for the purpose of the supply and provision of the Service by TriNed. Customer shall immediately inform TriNed of any change in the information it provides to TriNed.
13.2 Customer shall give permission to include his/her personal data in TriNed's customer registration. This Customer registration shall only be accessible to TriNed and shall only be used for administrative purposes or TriNed's own marketing activities. Customer registration shall not be provided to third parties, with the exception of third parties engaged for the performance of the Agreement, except with Customer's prior consent.
13.3 TriNed shall base the provision of the Service on the data provided by Customer at the time of registration. As soon as TriNed has accepted the notification in accordance with Article 3.2, it shall not be possible to pass on any changes, with due observance of the following. Provision of incorrect and/or incomplete data regarding, among other things, the type of telephone line (e.g. PSTN / ISDN), the availability of the telephone line or fibre-optic connection (e.g. free of (other) services) or name data at the telecommunications provider may result in the Service not being provided in accordance with the agreed delivery period and/or the Service not functioning and/or the Service not being able to be provided at all. The (repair) costs as a result of the incorrect and/or incomplete provision of data as referred to above are entirely at the expense of the Customer. The control of the correctness and completeness of the provision of data is entirely the responsibility of the Customer.
- Transfer of rights and obligations
14.1 TriNed shall be entitled to transfer all rights and obligations arising from the Agreement to a third party without Customer's prior written consent. TriNed shall inform Customer of such transfer. If Customer is a natural person not acting in the exercise of a profession or business, Customer shall be entitled to terminate the Agreement in the event of such a transfer, unless the transfer of the Agreement takes place in connection with the transfer of a business to which the rights and obligations set out in this Agreement belong.
14.2 Customer shall not be entitled to transfer all or part of his rights and obligations under the Agreement to a third party without TriNed's prior written consent.
- Use of the Internet by Customer
15.1 On the use of the Service provided by TriNed the Acceptable Use Policy applies. The Customer needs to confirm this. In case of violation of the Acceptable Use Policy, TriNed reserves the right to terminate the Agreement with immediate effect.
15.2 The Customer is responsible for sending and receiving any material through the Service to other users or to servers of TriNed or third parties. In particular, the Customer is responsible for the fact that the material sent by him or by the Service does not cause a malfunction in the telecommunications or cable network, infringes the intellectual property rights of third parties, or good morals, legislation or regulations issued by the authorities. If TriNed, the government or third parties can show that such material has been transmitted by means of Customer's Service to other users or to servers of TriNed or third parties, TriNed shall be entitled to remove the allegedly infringing material or to prevent its use without having to consult Customer.
15.3 As TriNed does not supervise the material sent to or received from third parties, TriNed shall not be responsible for the availability of such material and information or for the illegal or infringing content. Nor shall TriNed be responsible for any damage of any kind caused by the delay, distortion or disappearance of material transmitted using the Service.
16.1 The bandwidths specified by TriNed are best effort values. TriNed strives to make these "best effort" values possible within its own network, but never guarantees this.
16.2 TriNed may require Customer to pay a deposit of € 75.00 for the provision of the Hardware required for the Service, which deposit will be refunded upon undamaged return of the Hardware after termination of the agreement.
16.3 For certain types of subscription to the Service, TriNed may set a limit to the amount of data the Customer may generate per month via the Service from and to the Internet. TriNed may adjust these limits from time to time.
16.4 Customer is permitted to run or connect a server or more than one computer, whether or not switched via another, behind the Hardware, provided that TriNed's network is not inconvenienced by this. If Customer causes a nuisance on the network, TriNed reserves the right to disconnect Customer. It shall not be permitted to make the delivered connection available to any other party, even if this is done without any profit interest or even free of charge.
16.5 If Customer moves, a working and suitable connection shall be available at the new address. In the event of a removal, Customer must notify TriNed in writing of the data relevant to the removal at least 6 weeks before the actual removal of the connection in order to ensure timely activation of the Connection.
16.6 If Customer moves to an area where TriNed does not provide a Service, Customer and/or TriNed may dissolve the Agreement in accordance with the applicable rates and provisions.
- E-mail address, IP addresses and domain names
17.1 TriNed shall assign Customer a unique e-mail address. The e-mail address allocated to Customer shall remain TriNed's property.
17.2 TriNed shall be entitled to change the e-mail address if this is necessary in the interest of the functioning of the Service.
17.3 TriNed shall not be liable for damage resulting from changes to Customer's e-mail address.
17.4 If it has been agreed that TriNed shall obtain an IP address and/or place a domain name for Customer, the provisions of this article shall apply to this.
17.5 Customer shall be obliged to use the IP address allocated to him by TriNed. If the IP address is allocated by means of DHCP or Radius, Customer is obliged to use it. TriNed may change Customer's IP address at any time.
17.6 Upon request and use of an IP address and/or domain name, the then applicable rules and procedures of the relevant authorities shall apply, including but not limited to the Stichting Internet Domeinregistratie Nederland and the RIPE. The relevant authority decides on the granting of the IP address and/or domain name. TriNed only fulfils a mediating role in respect of the application and cannot guarantee that a requested domain name or (class of) IP address(es) will also be granted.
- Final provisions
18.1 If any provision of this Agreement is found to be void, invalid, unenforceable or unlawful, the other provisions of the Agreement shall remain in full force and effect. In that case TriNed and Customer shall replace the void, invalid, unenforceable or unlawful provision in mutual consultation, whereby the purpose and purport of the void, invalid, unenforceable or unlawful provision shall be observed as much as possible.
18.2 Insofar as these General Terms and Conditions do not provide otherwise, an addition or amendment to an Agreement entered into between TriNed and Customer must always be agreed in writing.
18.3 These General Terms and Conditions shall replace all previous versions and shall apply to all existing Agreements from the moment they come into force.
- Telecommunications Disputes Committee
19.1 Disputes between Customer and TriNed concerning the formation or execution of the agreement relating to telephone services to be provided or to be provided by TriNed may be submitted either by Customer or by TriNed to the Telecommunications Disputes Committee, PO Box 90600, 2509 LP The Hague, the Netherlands.
19.2.a A dispute shall only be dealt with by the Disputes Committee if Customer has first submitted his complaint in writing to TriNed.
- TriNed shall respond to this in writing within 30 days of receiving the complaint, unless this is not reasonably possible. In that case Customer shall be notified in writing within that period when the substantive reaction is communicated to him at the latest.
19.3 Customer may submit the dispute to the Telecommunications Disputes Committee within 30 days of receipt of TriNed's substantive response or within 30 days of the date on which Customer should have responded in accordance with the provisions of the second paragraph under b).
19.4 If Customer submits a dispute to the Disputes Committee, TriNed shall be bound by this choice. If TriNed wishes to do so, it must ask Customer in writing to state whether it agrees to this within five weeks. TriNed shall at the same time announce that it shall consider itself free to submit the dispute to the ordinary court after the expiry of the aforementioned period.
19.5 The Disputes Committee shall give its verdict with due observance of the provisions of the regulations applicable to it. The regulations of the Disputes Committee will be sent upon request. The decisions of the Disputes Committee are made by means of a binding advice. A fee is payable for the handling of a dispute.
- Applicable law
20.1 This Agreement and all disputes arising from it shall be governed by Dutch law.
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