Article 1: Definitions

In these general conditions the following concepts have the meanings defined below:

General Conditions: These general conditions.

FREETEL.nl: Private company with limited liability FREETEL.nl B.V., domiciled in Capelle on the IJssel.

Client: The party entered into an Agreement with FREETEL.nl.

Agreement: The agreement between FREETEL.nl and the Client on the basis of which the Internet Service or the Telephone Service is provided.

Service: the Telephone Service or the Internet Service.

Internet Service: the service provided by FREETEL.nl, which implies that FREETEL.nl provides the Client with access to the Internet and, if agreed, provides the related services.

Telephone Service: the service provided by FREETEL.nl, which implies that on the basis of carrier select or carrier pre-select FREETEL.nl provides the Client with stationary telephone service and, if agreed, with the related services.

Article 2: General Provisions

The General Conditions apply to and are part of all Agreements and offers of FREETEL.nl. FREETEL.nl explicitly states that possible conditions of the Client are not applicable.

Offers of FREETEL.nl are noncommittal and can at all times be revoked by FREETEL.nl.

The Client shall provide correct and complete information at his registration and immediately notify FREETEL.nl in written or electronic form of any changes in these data. FREETEL.nl has the right to decline a registration without stating the reasons.

The Agreement comes into force from the moment FREETEL.nl accepts the registration of the Client. This acceptance is as well proved by a written or electronic notice of acceptance or by the fact that the Client is enabled to make use of the Service. Acceptance of the Client’s registration for the Telephone Service takes place under the suspensive condition that activation of carrier pre-selection proves possible.

Article 3: Provision of the Service

After the Agreement has come into force, FREETEL.nl shall normally enable the Client to make use of the Telephone Service within the term of three workdays, or to make use of the Internet Service within the term of 24 hours. However, these terms are not seen as deadlines in the meaning of article 6:83a of Civil Code.

FREETEL.nl does not guarantee the availability of the Service at all times or without failures; nor does it guarantee that FREETEL.nl can at all times handle the Internet traffic in the correct way. If a failure occurs the Client shall make notice of it as soon as possible. FREETEL.nl shall exert itself to examine and neutralize the failure stated by the Client within a reasonable term. If a failure is caused by actions of the Client in contravention of the Agreement or by malfunctioning hardware, software or connections for which the Client bears responsibility, FREETEL.nl can charge the expenses it has suffered to repair the failure to Client's account.

FREETEL.nl can temporally bring the Service out of use or limit the use of it if it proves desirable or necessary to carry out the maintenance or to secure the safety or integrity of the network of FREETEL.nl or a third party. Insofar as it is reasonably possible FREETEL.nl shall notify the Client by telephone of bringing the Service out of use or limitation of its provision in advance.

Article 4: Use of the Service

The Client shall use the Service in accordance with applicable legal provisions, the Agreement and reasonable instructions provided by FREETEL.nl. The Client shall not acquit himself wrongfully or improperly towards FREETEL.nl or a third party, and shall in particular abstain from the following actions: spamming; hacking; making public or spreading (child) pornography or racialist or discriminatory material; stalking, (sexual) intimidation or annoyance to a third party in any other way; causing failures or congestion in the network of FREETEL.nl or a third party.

The Client is responsible and liable for all use and costs of use of the Service via the connection(s) of the Client or via the user name and the password of the Client. It also applies to use of the Service by an unauthorized third party before the Client notifies FREETEL.nl of such use and FREETEL.nl blocks the use of the Service.

The Client shall not use the Service or parts of it in commercial purposes, nor shall he place it at the disposal of a third party on a commercial basis.

Article 5: Exceptional Conditions for the Internet Service

The Client is responsible for the correct installation of his dial-up number.

FREENET.nl is authorized to break a connection with the Internet that was created by the Client if the Client fails to make active use of it during 24 hours or more.

FREENET.nl does not control the contents of the information accessible to the Client via the Internet Service, nor does it control whether this information contains viruses or other damaging information. Neither does FREETEL.nl accept any responsibility for this matter.

FREENET.nl is authorized not to process information of or references to information made by the Client if FREETEL.nl can reasonably assume that this is in contravention of the law or the Agreement; and to delete it from its systems or to block access to it.

If the Client exceeds the storage space assigned by FREENET.nl, FREENET.nl is authorized to delete (part of) the stored information from its systems. On the termination of the Agreement, for any reason whatsoever, the assigned email addresses and URL shall be blocked and the emails and the information that is still stored in the systems of FREETEL.nl shall be deleted.

FREENET.nl assigns a user name, a password, maximum three email addresses and an URL to the Client. FREENET.nl remains the owner of the user name, the email addresses and the URL, and the Client cannot use them after the termination of the Agreement. The user name and the password are strictly confidential. The Client may not allow third parties use of them.

Article 6: Exceptional Conditions for the Telephone Service

FREETEL.nl preserves the right to block the ability to make or receive phone calls to or from definite (categories of) destinations given notice of by FREETEL.nl.

The Client is himself responsible for the deactivation of the carrier pre-selection after the termination of the Agreement.

Article 7: Tariffs and Costs

The Client is indebted to FREETEL.nl for the use of the Service in accordance with the tariffs and costs applicable. These tariffs and costs, as well as possible changes, are announced by FREETEL.nl on the website and at request shall be sent by FREETEL.nl free of charge. The tariffs and costs charged by FREETEL.nl are exclusive of possible compensations, which the Client is indebted to a third party for the additional services provided by this third party to the Client.

FREETEL.nl can change the tariffs and costs after the foregoing notification and in accordance with a term of 10 workdays. If the change implies on balance higher tariffs and costs for the Client, the Client can terminate the Agreement by the commencing date of the change, provided he notifies FREETEL.nl of it prior to the commencing date.

Article 8: Payment

Unless otherwise agreed, the Client is monthly invoiced for the use of the Service by FREETEL.nl or by a third party involved by FREETEL.nl, without prejudice to FREETEL.nl's right to charge the tariffs and costs which were not invoiced prior in that case, later. FREETEL.nl can change the frequency of invoicing at all times.

The invoice amount is to be credited to the bank account of FREETEL.nl within fifteen days after the invoice date. The payment is carried out via direct debit. If the direct debit fails and no payment in another way timely takes place, the Client is in default without further proof of default. In this case the Client owes statutory interest for the unsettled invoice amount. Apart from that all reasonable non-legal costs are at the expense of the Client. These costs come to 15% of the unsettled invoice amount with a minimal amount of EUR 5, unless FREETEL.nl proves that its real costs are higher.

If the Client assumes that the amount charged is incorrect, he is to inform FREETEL.nl of his objection in written form or by email within four weeks after the respective invoice date.

An appeal to deduction made by the Client is impossible if he acts in pursuance of his profession or enterprise.

Article 9: Security

If FREETEL.nl deems that grounds for it are present, it can demand from the Client to pay a deposit or to make an interim payment, or apply a credit limit to the Client’s account. FREETEL.nl does not reimburse interest on the deposit.

Article 10: Liability

The liability of FREETEL.nl for the damage which is suffered by the Client because of the faults of FREETEL.nl during the realisation of the Agreement, is limited to the compensation of direct damage of maximum EUR 150, or, at FREETEL.nl’s discretion, to the compensation of direct damage of maximum the amount of the latest month invoice which the Client has settled with regard to the respective Service.

FREETEL.nl cannot appeal to the limitation of the liability in the meaning stated in paragraph 1, in case of intentional act or gross negligence of FREETEL.nl or of its executive subordinates.

FREETEL.nl is in no case liable for loss or damage of data or information or for indirect damage or consequential loss, by which loss of income, profit or turnover is understood.

FREETEL.nl is in no case liable for damage in the result of force majeure, by which unavailability of or failures in the networks of FREETEL.nl or a third party is understood.

The Client is to inform FREETEL.nl of the damage, which could be eligible for compensation on the basis of this article, in written form or by email not later than one month after its origination. Damage that is not passed on within this period is not eligible for compensation, unless the Client makes a reasonable case for the fact that he reasonably could not give notice of the damage at an earlier date.

The Client indemnifies FREETEL.nl against third-party liability for damage compensation, insofar this claim is grounded on or connected with information that the Client makes public or spreads via the Service or the manner by which the Client makes use of the Service. The Client shall reimburse all damage and costs (inclusive the costs for legal assistance) to FREETEL.nl, which arise from suchlike claims for FREETEL.nl.

Article 11: Privacy en Personal Information

FREETEL.nl collects and processes the following categories of personal details of the Client: name, address, place of residence, telephone number(s), email address(es), date of birth, registration number at the Chamber of Commerce and bank or giro account number(s); information on the basis of which the creditworthiness of the Client can be established, the traffic data generated by the use of the Client at FREETEL.nl or at legal persons allied to FREETEL.nl.

FREETEL.nl and the legal persons related to FREETEL.nl are authorized, and if necessary empowered to it by the Client, to exchange the personal information stated in paragraph 1 under (a) and (b) with a third party, such as representatives of FREETEL.nl, the Credit Registration Bureau and suchlike agencies, banks and other accredited financial institutions, third parties involved by FREETEL.nl for the realization of the Agreement, business references of the Client or his employer(s), all of this in compliance with Law Protecting Personal Data and for the benefit of the following aims:

making it possible that the Service is provided to the Client, inclusive the invoicing;
establishing the creditworthiness of the Client;
credit management of the open debts of the Client to FREETEL.nl or to legal persons allied to FREETEL.nl, inclusive the (forced) collection of the unsettled amounts;
fraud detecting and fighting;
judicial procedures;
current maintenance of credit data related to the Client;
and development, research and promotion of products and services of FREETEL.nl.

FREETEL.nl and the legal persons related to FREETEL.nl are authorized, and if necessary empowered to it by the Client, to collect and process the personal information stated in paragraph 1 under (c), all of this in compliance with the Telecommunications Law and Law Protecting Personal Data, for the purpose of:

drafting of specified invoices;
compiling statistic information which can not be reducible to a person with a view of development, research and promotion of products;
credit management of the open debts of the Client to FREETEL.nl or to legal persons allied to FREETEL.nl, inclusive the (forced) collection of the unsettled amounts;
fraud detecting and fighting;
traffic administration;
providing information to the Client;
and judicial procedures.

In connection with a take-over or splitting of FREETEL.nl or conveyance of (part of) the business activities of FREETEL.nl to a third party, the personal information of the Client managed by or on behalf of FREETEL.nl can be handed over to the third party. Insofar necessary, the Client gives his permission to it, without prejudice to the obligation of FREETEL.nl or the third party to notify the Client of the conveyance.

In other cases than those described above FREETEL.nl does not spread any information to a third party without prior permission of the Client, unless FREETEL.nl is bound to do so by legal duty.

The Client is authorised to ask for the personal information about him that is stored by FREETEL.nl in the client service of FREETEL.nl, without prejudice to the right of FREETEL.nl not to make any mention of (particular) personal details because of a weighty interest, such as in connection with a current investigation of a possible fraud. FREETEL.nl can ask for a reasonable compensation for the reporting of the personal information.

Article 12: Term and Termination of the Agreement

The Agreement is entered into for an indefinite period of time, unless otherwise agreed. The Agreement that has been entered into for an indefinite period can be terminated in written form or by email in compliance with the term of notice of one workday for the Client and ten workdays for FREETEL.nl.

If the Agreement has been entered into for a limited time, after the expiry of the term agreed upon the Agreement is each time tacitly extended for the same period unless one of the parties terminates the Agreement in written form or by email close to the end of the current term, in compliance with the term of notice of one month. Interim termination is not possible except for the cases defined in this Agreement.

FREETEL.nl has the right to annul the Agreement with immediate commencement and without further proof of default or to postpone the provision of the Service, without being liable for it in any way, if:

the Client does not fulfill his obligations by virtue of the Agreement, or FREETEL.nl can reasonably assume that the Client shall not fulfill his obligations;

The Client withdraws his empowerment to FREETEL.nl for direct debit, or the direct debit fails and the Client has not timely paid the unsettled invoice amount in another way;

FREETEL.nl can not reach the Client after reasonable attempts to do so at the address or telephone number stated by the Client;

The Client has applied for a moratorium, or the Client has been granted a moratorium;
The petition in bankruptcy of the Client is filed, or the Client has been declared bankrupt;
The Client has been made a ward of court or placed under arrest.

If the Client is a natural person who does not act in pursuance of his profession or enterprise, he can annul the Agreement within seven workdays after it has come into force with the help of notification to that effect to FREETEL.nl unless the Client has made actual use of the Service within this period, in which case FREETEL.nl is considered to have begun the realization of the Agreement on the permission of the Client.

Article 13: Jurisdiction of the Arbitration Board

If the Client is a natural person who does not act in pursuance of his profession or enterprise, all disputes between FREETEL.nl and the Client about establishment and realization of the Agreement connected with the Telephone Service provided or to be provided by FREETEL.nl shall be submitted to the Arbitration Board Telecommunications, Post Box 90600, 2509 LP The Hague ('Arbitration Board').

A dispute shall be taken into consideration, by the Arbitration Board only if the Client has first submitted his complaint in written form to FREETEL.nl. FREETEL.nl shall react to it as regards content in written form within 30 days on the receipt of the complaint unless it is reasonably impossible. In this case within this period the Client shall be notified in written form when he shall be at the latest informed of the reaction as regards content.

Within 30 days on the receipt of the reaction of FREETEL.nl as regards content, or within 30 days on the expiry of the date on which, in accordance with the definitions of the previous paragraph, the reaction was to be received, the Client can bring the dispute before the Arbitration Board.

When the Client submits a dispute to the Arbitration Board, FREETEL.nl is bound by this choice. In case FREETEL.nl wants to submit a dispute to the Arbitration Board, FREETEL.nl is to ask the Client in written form to declare within 5 weeks whether he agrees to it. FREETEL.nl must indicate here that on the expiry of the period mentioned above he can deem himself free to submit the dispute to the competent judge, in the meaning of article 14.5.

The Arbitration Board makes its decision in compliance with the definitions of the code applicable to it. The code of the Arbitration Board is sent at by request (see contact information in paragraph 1 of this article). The decisions of the Arbitration Board are binding. Compensation is charged for the consideration of a dispute.

Article 14: Final Provisions

Definitions which deviate from those present in these General Conditions are applicable only if and to the extent they are explicitly accepted by FREETEL.nl in written form or by email.

In case a definition of the General Conditions proves invalid or is annulled, the other definitions remain fully in force.

These General Conditions can be changed by FREETEL.nl at any time. The changes also apply to the Agreements already entered into. The Client is notified in written or electronic form if changes take place. The altered General Conditions shall be placed on the website of FREETEL.nl and are available for free at FREETEL.nl. The altered General Conditions come into force in 14 days after the notification of the Client or on the date stated in the notice.

Dutch Law is applicable to an Agreement.

Without prejudice to the stated in the previous article (the Arbitration Board), the court of the Hague is exclusively authorized to take note of the disputes arising from an Agreement.