The text on this page is automatically translated from the Dutch page. The Dutch text is leading.
Article 1 Definitions:
1.1 Subscription: An agreement between the Customer and Worldmobile.nl that entitles the Customer to call or use the internet for a certain amount in a pre-agreed period for a pre-agreed duration to pre-agreed destinations.
1.2 Account: the username(s) and password/PIN with which the Customer can access the System and perform administrative actions in the customer portal of Worldmobile.nl;
1.3 Account data : data concerning the Customer that Worldmobile.nl collects and stores in the context of billing, such as name, address and place of residence data, as well as – if applicable and insofar as possible – telephone numbers, bank account numbers;
1.4 Worldmobile.nl: part of the private company with limited liability Itnomy BV (KVK 51178117), with its registered office in Amsterdam.
1.5 Consumer: a natural person who is not acting in the exercise of a profession or business.
1.6 Service: any Service that is the subject of an Agreement;
1.7 End User: the actual user who uses the account and who has agreed to the General Terms and Conditions of Worldmobile.nl. End user is also included under the customer.
1.8 International telephone number: A telephone number in another country that Worldmobile.nl has arranged for the customer
1.9 Customer: any natural or legal person with whom Worldmobile.nl enters into an Agreement or negotiates the conclusion thereof or to whom Worldmobile.nl makes an offer;
1.10 Dutch telephone number: A Dutch telephone number that Worldmobile.nl has arranged for the customer
1.11 Number portability: The ability for a subscriber to keep his telephone number when switching from one telephony provider to another.
1.12 Agreement: any agreement that is concluded between Worldmobile.nl and the Customer, any amendment or addition thereto, as well as all (legal) acts in preparation for and for the implementation of that agreement;
1.13 Pay-as-you-go Account: An account type where customers have to buy prepaid balance in order to be able to make calls and use the internet.
1.14 Peripheral equipment: equipment owned by the Customer, which is intended to be connected directly or indirectly to a modem or which can be connected to the systems of Worldmobile.nl via a wireless or mobile data network, for the purpose of telephony conversations.
1.15 System: computer and related equipment of Worldmobile.nl with which Worldmobile.nl provides the Customer with access to the telephony services;
1.16 Telephony Service: The digital telephony and data service of Worldmobile.nl based on mobile networks of third parties
1.17 Telephony Data: data regarding the telephony and data usage behavior of the Customer that the Customer generates on the System;
Article 2 General
2.1 These general terms and conditions (hereinafter: the Terms and Conditions) form part of all Agreements and apply to all related (legal) acts of Worldmobile.nl and the Customer.
2.2 The applicability of terms and conditions of the Customer is expressly rejected by Worldmobile.nl. Changes to these General Terms and Conditions can only be agreed in writing and only apply to the relevant Agreement.
Article 3 Formation and duration of the Agreement
3.1 An offer or (price) quotation does not bind Worldmobile.nl and only serves as an invitation to place an order by the Customer. The Customer cannot derive any rights from apparent errors in an offer or quotation. The Agreement is concluded if and insofar as Worldmobile.nl accepts an order from the Customer in writing or electronically. If a period of validity is stated on a quotation and the Customer accepts the quotation within that period, Worldmobile.nl has the right, if it so wishes, to notify immediately that it does not wish to conclude an Agreement.
3.2 In the case of an Agreement concluded at a distance, the Consumer Customer has the right to terminate the Agreement by notifying Worldmobile.nl of this in writing or electronically within seven (7) working days after the conclusion of the Agreement. In that case, the Customer does not owe any compensation to Worldmobile.nl. This right of withdrawal does not apply to customized products or services.
3.3 The Agreement is entered into for a definite or indefinite period. Agreements for Pay-as-you-go accounts are for an indefinite period.
3.4 After the agreed term has expired, an Agreement for a definite period will be converted by operation of law into an Agreement for an indefinite period, unless one of the parties has notified the other party in writing or electronically before the expiry of that agreed term, with due observance of a term of one month. has indicated that it does not wish to continue the Agreement.
3.5 Agreements for an indefinite period can be terminated by both parties in writing, electronically or by telephone with due observance of a notice period of one month.
3.6 Worldmobile.nl will inform the Customer in writing or electronically of the receipt of the cancellation and the date on which the service will be terminated.
Article 4 Changes
4.1 Worldmobile.nl has the right to adjust these Terms and Conditions, the Agreement, the (technical properties of the) Service and/or the rates from time to time. These changes also apply to Agreements already concluded. The changes will be communicated to the Customer in writing or electronically, after which these changes will take effect after 30 days. Only if the change is objectively to the detriment of the Customer, the Customer has the right to terminate the Agreement within the aforementioned 30 days after the announcement, against the date on which the change takes effect.
4.2 Worldmobile.nl in particular has the right at all times to make changes to the dial-in numbers, callback numbers, the log-in procedure, the Account, and the IP addresses. Worldmobile.nl will inform the Customer as soon as possible in such a case. Such a change never entitles the Customer to terminate the Agreement.
4.3 If a measure laid down by or pursuant to statutory regulations or a court decision relevant to the sector requires Worldmobile.nl to adjust its Terms and Conditions, the Agreement, the Service [and/or the rates], the Customer cannot derive any right from this. to cancel the agreement.
4.4 If a provision of these Terms and Conditions is wholly or partially in conflict with a legal provision or is void, these Terms and Conditions will otherwise remain in full force. At that time, a provision will replace it that approaches the intention of the original provision as closely as possible.
Article 5 Customer obligations and use of the Service
5.1 The Customer is responsible for the hardware and software, configuration, peripheral equipment and connections necessary for the use of the Service. Worldmobile.nl is entitled to set certain requirements. If the telephone traffic is hindered by the use of the Service by the customer or by the use of the connected equipment, the customer will comply with the regulations to be issued by Worldmobile.nl and accept the associated financial consequences. If this is necessary in the opinion of Worldmobile.nl, Worldmobile.nl can, if necessary, immediately (temporarily) decommission the service in whole or in part.
5.2 When using the Service, the Customer will behave as may be expected from a responsible and careful telephony user. The Customer will refrain from behavior that causes inconvenience to other users or causes damage to the System. In particular, the Customer will not violate any legal rules.
5.3 The Customer is obliged to take adequate measures to protect its computer, IP telephony equipment, the network or the operating system (hardware and software, configuration, peripherals and connections.)
5.4 The Customer is not permitted to use the System for actions and/or conduct that are in conflict with the applicable statutory regulations, the guidelines of the Advertising Code Committee, the Agreement and/or these Terms and Conditions.
5.5 If nuisance from third parties and/or (other) telephony abuse is detected or suspected by the Customer, Worldmobile.nl has the right, without further notice, to put the Service out of service or not at all. The Customer is then obliged to follow the instructions of Worldmobile.nl. Worldmobile.nl is not liable for any damage suffered by the Customer or a third party as a result of the Service being shut down on the basis of established or suspected misuse.
5.6 Subject to permission from Worldmobile.nl, the customer is not permitted to transfer or use his Account and the rights arising therefrom to a third party. The Customer is responsible to Worldmobile.nl for all use made of his Account, whether or not with his consent.
5.7 The Customer is permitted to make telephone accounts issued to it available – free of charge – to a (family member and/or) housemate, on the understanding that the Customer, therefore expressly also in appropriate cases the end user, contracting party of Worldmobile .nl remains and remains fully responsible for the use of the accounts, user name and password, even if this use takes place without the consent of the Customer.
5.8 In case of loss or theft of the peripheral equipment or the data with which the Customer uses the telephony service, the Customer must immediately inform Worldmobile.nl thereof. Worldmobile.nl will then suspend (temporarily decommission) the provision of the service. The Customer owes the usage fees for telephony up to the time when the service is put out of service. In the event of decommissioning, disconnection and possible reconnection to the network due to loss or theft, all related costs will be borne by the Customer. Worldmobile.nl is not responsible for the confidentiality of the data with which the Customer uses telephony services.
Article 6 Obligations of Worldmobile.nl: what is possible and what is not possible, national and international telephone numbers
6.1 All peripheral equipment and cabling required for the use of telephony, as well as services offered using Worldmobile.nl telephony, are not the responsibility of Worldmobile.nl.
6.2 If this is necessary for the functioning of telephony, if amended law or regulations so require, or if an authorized (government) body obliges Worldmobile.nl to do so, Worldmobile.nl has the right to change the telephone numbers assigned to the Customer.
6.3 Worldmobile.nl does not include the issued telephone numbers as standard in a telephone directory or number information service, unless Worldmobile.nl is obliged to do so by law or regulation.
6.4 Worldmobile.nl is an international mobile data service. Not all networks in all countries can be used with Worldmobile.nl.
Article 7 Service Availability
7.1 Worldmobile.nl is entitled to technically organize the content of the Service(s) as Worldmobile.nl decides at any time. In this context, Worldmobile.nl reserves (among other things) the right to implement procedural and technical changes and/or improvements to the Service(s) and procedures.
7.2 Worldmobile.nl makes every effort to provide the Service as well as possible. In doing so, it strives for the highest possible availability, quality and security of the Service. However, Worldmobile.nl cannot give any guarantees in this respect. Worldmobile.nl cannot guarantee unimpeded access to the System and the internet, among other things due to technical malfunctions, nor that the Service can be used at all times. If and insofar as unobstructed access is of great importance or necessary for the Customer, the Customer must take these restrictions into account and provide suitable solutions itself.
7.3 Worldmobile.nl is entitled, without prior notice, to (temporarily) decommission the Service or to limit its use insofar as this is necessary for the reasonably required maintenance or for necessary adjustments and/or improvements to the Service to be carried out by Worldmobile.nl. System and/or the Service. Worldmobile.nl will inform the Customer in good time in advance. If this is not reasonably possible, it will do so as soon as possible afterwards.
Article 8: Third Party Services
8.1 Worldmobile.nl makes software available for telephony, which can be downloaded via the website. This software is distributed for free by Worldmobile.nl. If the Customer is going to use software from third parties for telephony, a separate license agreement will be concluded with the software supplier chosen by the Customer.
8.2 Worldmobile.nl is not liable for any functioning of the software.
Article 9 Fees
9.1 Worldmobile.nl will charge fees for the Service in accordance with the rates set by Worldmobile.nl, including those published on Worldmobile.nl’s website.
9.2 These fees may consist of one-off amounts due, fixed amounts due periodically and variable (use-dependent) amounts due periodically. Unless stated otherwise, all amounts are exclusive of VAT and any other government-imposed levies or taxes.
9.3 For the calculation of usage-dependent fees, the administration of Worldmobile.nl is decisive, subject to proof to the contrary to be provided by the Customer.
Article 10 Payment
10.1 The fees owed to Worldmobile.nl must be paid in advance, unless agreed otherwise. Worldmobile.nl will send the Customer (electronic) invoices for this purpose. The Customer is obliged to pay Worldmobile.nl’s invoices within the stipulated period. All amounts charged to the Customer must be paid without discount or deduction. The Customer, not being a Consumer, furthermore does not have the right to suspend any payment obligation towards Worldmobile.nl or to set off claims.
10.2 If the Customer has not paid within the payment term, it will be in default without further notice of default. Worldmobile.nl will send a payment reminder after the expiry of that date and will give the Customer the opportunity to pay within 14 days of receipt of this reminder. This also applies if the Customer has issued an authorization for direct debit and the direct debit is not successful in time.
10.3 From the date of default, the Customer owes default interest on all amounts equal to the statutory interest applicable at that time. In addition, the Customer is obliged to reimburse Worldmobile.nl for all judicial and extrajudicial costs.
10.4 If at any time Worldmobile.nl has reasonable doubts about the creditworthiness of the Customer, Worldmobile.nl has the right, before (further) supplying the Service, to demand from the Customer that proper security is provided, in an appropriate manner. form to be specified by Worldmobile.nl, such as a deposit or bank guarantee.
10.5 Objections to the amounts charged and/or debited by Worldmobile.nl must be made known to Worldmobile.nl by the Customer within 30 days of the invoice date. After the expiry of that date, the Customer is deemed to have agreed to the amount stated on the invoice.
10.6 The Customer pays subscription fees for telephony, apart from the first invoice, periodically in advance. Paid subscription fees will not be refunded in the event of premature decommissioning of the Calling account or the relevant subscription.
10.7 The Customer pays the fee for the use of the service periodically afterwards, unless otherwise agreed.
10.8 Any accrued calling credit associated with a Calling account cannot be transferred to other accounts or to third parties. Outstanding calling credits will expire upon termination of the Calling account and will not be refunded.
10.9 Worldmobile.nl reserves the right to demand payment by direct debit or advance payment of the credit.
Article 11 Force majeure
11.1 If Worldmobile.nl is unable to meet its obligations towards the Customer due to a non-attributable shortcoming (force majeure), the fulfillment of those obligations will be suspended for the duration of the force majeure situation.
11.2 A shortcoming in the service cannot be attributed to Worldmobile.nl if it is not due to its fault, nor is it responsible for it by virtue of the law, legal act or generally accepted views. These circumstances also include, but are not limited to: power failures, failures in the connection to the internet, failures in the telecommunications infrastructure, failures in networks, shortcomings of third parties or suppliers engaged, strikes and business closures. In the event of force majeure, Worldmobile.nl’s obligation to comply with the Agreement will lapse. Worldmobile.nl will then not owe any compensation. Worldmobile.nl is obliged to only give a Consumer-Customer a refund of his subscription fee proportional to the duration of the malfunction, unless this cannot reasonably be asked of it, taking into account the duration and circumstances.
11.3 If the force majeure situation has lasted longer than two weeks, both parties have the right to dissolve the Agreement in whole or in part, insofar as the force majeure situation justifies this. The Customer is not entitled to compensation in the event of force majeure on the part of Worldmobile.nl.
Article 12 Default and dissolution
12.1 In the event of default by the Customer or in one of the cases referred to in Article 12.4, all claims of Worldmobile.nl against the Customer, for whatever reason, are immediately and fully due and Worldmobile.nl is authorized to suspend delivery (decommissioning). of the Service. The foregoing does not affect Worldmobile.nl’s other rights under the law or the Agreement.
12.2 In the event of default by the Customer, Worldmobile.nl will provide the Service again if the Customer still complies within a period set by Worldmobile.nl. The Customer owes costs for this commissioning.
12.3 Both Worldmobile.nl and the Customer may terminate the Agreement if the other party fails to properly perform one or more of its obligations under the Agreement, insofar as this failure justifies termination. If compliance is still possible, the Agreement can only be dissolved after the other party has been given a written demand and the shortcoming has not been rectified within the specified period.
12.4 In the event of (provisional) suspension of payment, bankruptcy, cessation or liquidation of (the company of) the Customer, as well as in the event that the Customer is or becomes incapacitated, is placed under administration or has the free management of its assets in any other way loses, all Agreements will be dissolved by operation of law, unless Worldmobile.nl notifies within a reasonable time that it requires fulfillment of (part of) the Agreement.
Article 13 Complaints
13.1 Complaints about Worldmobile.nl’s implementation of the Agreement (malfunctions in the functioning of the Service) must be reported to Worldmobile.nl in writing or electronically or by telephone as soon as possible after discovery. After detecting any malfunction, the Customer is obliged to do everything reasonably possible to prevent damage. The Customer will provide all necessary cooperation for the investigation and resolution of the complaint, including by giving Worldmobile.nl the opportunity to conduct an investigation into the circumstances of the use of the Service and related factors. If the Customer does not complain in time, he will lose his rights.
13.2 If the Customer makes a timely, correct and justified complaint about defects in a Service, Worldmobile.nl will endeavor to remove the defect as soon as possible in order to enable the full use of the Service by the Customer. As far as possible, Worldmobile.nl will inform the Customer about the period within which the repair can take place.
13.4 Costs of the fault investigation and the costs of rectifying the fault shall be borne by Worldmobile.nl. Worldmobile.nl can charge these costs to the Customer if the malfunction is caused by an attributable shortcoming on the part of the Customer.
13.5 By complying with the obligations included in this article as well as in article 10.5, Worldmobile.nl is fully discharged towards the Customer and is not obliged to pay any further (damage) compensation.
Article 14 Liability Worldmobile.nl
14.1 Worldmobile.nl is not liable, under the law or under the Agreement, for so-called consequential damage that the Customer or a third party may suffer in connection with the implementation by Worldmobile.nl of the Agreement or the use by the Customer of the Service, including trading loss, loss of data and immaterial damage. In particular, consequential damage also includes damage related to or resulting from interruptions in or blocking of access to the System or telephony at Worldmobile.nl or third parties, changes in dial-in numbers, login procedures, and Account.
14.2 In any case, the contractual and legal liability of Worldmobile.nl towards non-Consumers is at all times limited to the fees actually paid by the Customer to Worldmobile.nl in the current contract year, exclusive of VAT, with a maximum of EUR 10,000. — per event, where a connected sequence of events counts as one event.
14.3 Worldmobile.nl is only liable to the Customer for each event up to a maximum of twice the annual subscription owed by the Customer to Worldmobile.nl for the relevant service(s). Each year, Worldmobile.nl is only liable towards one and the same Customer up to a maximum of four times the annual subscription owed by the Customer to Worldmobile.nl for the relevant service(s).
14.4 The provisions of the foregoing do not affect Worldmobile.nl’s liability under Title 3, Section 3, Book 6 of the Dutch Civil Code (product liability).
14.5 Furthermore, Worldmobile.nl will not invoke the liability limitations insofar as the damage is the direct result of intent or gross negligence on the part of Worldmobile.nl or its personnel.
14.6 Damage must be reported to Worldmobile.nl in writing or electronically as soon as possible, but no later than four weeks after its occurrence. Damage that has not been brought to the attention of Worldmobile.nl within that period is not eligible for compensation.
Article 15 Indemnification by Customer
15.1 The Customer indemnifies Worldmobile.nl against claims from third parties for compensation of damage that these third parties could (attempt to) recover from Worldmobile.nl in any way, insofar as this claim is based on the use of the Service by the Customer. made, or the non-compliance by the Customer with its obligations under the Agreement.
Article 16 Personal data
16.1 The Customer is obliged to provide Worldmobile.nl with the correct personal or company data, including name, address, place of residence, telephone and account numbers, both for the purpose of the implementation of the Agreement and for the purpose of invoicing. Changes must be communicated to Worldmobile.nl in writing or electronically as soon as possible. The Customer guarantees to Worldmobile.nl that this information is correct.
16.2 Worldmobile.nl stores and processes this data in accordance with the Personal Data Protection Act. The privacy statement of Worldmobile.nl, as published on Worldmobile.nl’s website, applies to this.
Article 17 Intellectual property
17.1 The Customer only acquires a non-exclusive and non-transferable right to gain access to the System, to use the System and also to use the documentation and software in that context. All intellectual property rights in this respect remain vested in Worldmobile.nl and/or the suppliers of Worldmobile.nl. The Customer is not permitted to copy the documentation other than necessary for normal own use and backup purposes.
17.2 When making copies, the Customer shall leave unchanged all characteristics that determine ownership and origin. If third parties wish to assert rights or take measures with regard to the Service, such as seizure, the Customer must immediately inform them of Worldmobile.nl’s rights and also inform Worldmobile.nl thereof. Only Worldmobile.nl is then entitled to act in this matter. The Customer will cooperate with Worldmobile.nl in this regard. If and insofar as Worldmobile.nl should have violated the rights of others by using data, writings or otherwise provided by the Customer to Worldmobile.nl for the performance of the Agreement, the Customer will reimburse Worldmobile.nl for all damage matter should arise.
Article 18 Contract takeover
18.1 The Customer is not entitled to transfer the rights and obligations under the Agreement to a third party without written permission from Worldmobile.nl. Conditions may be attached to the consent.
18.2 Worldmobile.nl is entitled to transfer its rights and obligations under the Agreement to a third party, if this takes place in the context of a transfer of (part of) the company operated by it.
Article 19 Limitation period
19.1 For the Customer, not being a Consumer, all legal claims under this Agreement become time-barred after two years from the day following the day on which the claim became due and payable.
Article 20 Applicable law and disputes
20.1 Dutch law applies to these Terms and Conditions as well as to the Agreement.
20.2 The applicability of the 1980 Vienna Sales Convention (CISG) is excluded. Worldmobile.nl is a brand name of Itnomy BV. Visiting and postal address: Tijnmuiden 93, 1046AK Amsterdam.