General conditions

1. Definitions

1.1 “General Terms and Conditions”: these general terms and conditions;

1.2 “Equipment”: the equipment necessary to access or use the Services;

1.3 “Call Limit”: the maximum amount up to which a Service can be used at the associated Tariffs;

1.4 “Call Credit”: the prepaid and as yet unused amount in respect of which use can be made of a Service at the associated Tariffs;

1.5 “Payment Number”: a network termination point for connection with which a surcharge is payable (in the Netherlands, for example, all 0900 numbers);

1.6 “Budget Phone Company” or abbreviated “BPC”: Budget Phone Company B.V., having its registered office in Zoeterwoude and place of business at Stationsplein 45, 3013 AK Rotterdam, registered with the Chamber of Commerce under registration number: 28057599, with VAT number NL801265411.B01, telephone number +31103115000, email info at budgetphone.nl;

1.7 “BPC Privacy Statement”: the statement of Budget Phone Company regarding its policy on the processing of personal data, which can be consulted on the BPC Website;

1.8 “BPC Website”: the website operated by Budget Phone Company with the http address www.budgetphone.nl;

1.9 “Service” or “Services” means the service(s), in particular the telecommunications service(s), offered by Budget Phone Company from time to time;

1.10 “Service Provider” means any network or service provider that Budget Phone Company deems offered, with which Budget Phone Company will cooperate to provide the Services;

1.11 “User” means the person who purchases or uses a Service, whether or not he or she is a Customer;

1.12 “Disputes Committee”: the Telecommunications Disputes Committee of the Consumer Disputes Committee Foundation;

1.13 “Customer”: the natural or legal person to whom Budget Phone Company has made an offer or the person who has applied to Budget Phone Company to enter into an Agreement, or with whom Budget Phone Company has entered into an Agreement;

1.14 “Agreement” means the agreement between Budget Phone Company and the Customer to provide one or more Services;

1.15 “Personal Information” means the personal data of Customers and Users that Budget Phone Company may process pursuant to these Terms and Conditions and the BPC Privacy Statement;

1.16 “Rates” means the rates applicable to the Customer for use of the Services, which Rates change from time to time and can be accessed on the BPC Website;

1.17 “Due Date” means the date specified on an invoice sent by Budget Phone Company to a Customer by which the invoice must be paid no later than.

2. Applicability and amendments to these Terms and Conditions.

2.1 The provision of all Services, as well as all offers by Budget Phone Company and all applications by the Customer for the provision of Services are exclusively governed by these Terms and Conditions, the Agreement and the Tariffs. Any differing or additional provisions may be relied upon by the Customer only if expressly accepted in writing by Budget Phone Company.

2.2 As far as reasonably possible, Budget Phone Company will provide or make available the General Terms and Conditions with each offer. The General Terms and Conditions can be found on the BPC Website. At the Customer’s request, Budget Phone Company will send the Customer a copy of the applicable Terms and Conditions.

2.3 The applicability to the Services of any terms and conditions used by the Customer is expressly excluded.

2.4 If any provision of these General Terms and Conditions is found to be void or nullified, all other provisions shall remain in full force and effect. Any void or voided provision may be immediately replaced by Budget Phone Company with a new provision that approximates as closely as possible the legal and economic intent of the void or voided provision.

2.5 Budget Phone Company may modify these Terms and Conditions at any time and with immediate effect by notifying the Customer. The Customer agrees, that if after receiving such notice the Customer decides to use the Services respectively to continue such use, he shall be bound by these Terms and Conditions as they are or are amended. The aforementioned notice may be provided to the Customer with the invoice, by post or by e-mail.

2.6 The General Provisions included in section A of these General Terms and Conditions apply to all Services. The Special Provisions included in Section B of these General Terms and Conditions apply only to the Service to which those Special Provisions relate. In the event of conflict between a General Provision and an applicable Special Provision, the Special Provision will prevail.

The establishment of the Agreement.
3.1 The Customer may apply in writing or electronically to Budget Phone Company for the Services.
3.2 Budget Phone Company is free to refuse a Customer’s application without giving any reason and therefore not to enter into an Agreement with that particular Customer.
3.3 The Customer being a natural person declares to be at least 18 years old and have a permanent residence in the Netherlands. The Customer being a legal entity is represented by a natural person who declares that he has sufficient power of representation to enter into the Agreement, as well as that the legal entity is located in the Netherlands.
3.4 The Agreement is established by Budget Phone Company’s acceptance of the Customer’s application for the Services, which acceptance is confirmed by Budget Phone Company to the Customer by sending a debit number.
4.The Services.
4.1 In order to provide the Services, Budget Phone Company may use a Service Provider. Subject to the provisions of these General Terms and Conditions and the BPC Privacy Statement regarding Personal Information, the Customer authorizes Budget Phone Company to provide to a Service Provider any information, notices, appointments and other proxies that Budget Phone Company deems necessary to provide the Services.
4.2 Budget Phone Company does not guarantee that the Services will be available continuously or without interruption. Budget Phone Company will make reasonable efforts to investigate and possibly remedy Service outages and other complaints reported by the User to Budget Phone Company in writing or by telephone within a reasonable time and notify the Customer in writing, by telephone or electronically.
4.3 The User is responsible for lawfully using sound and appropriate Equipment to access and use the Services. Budget Phone Company is not responsible for providing or maintaining, or troubleshooting, the User’s Equipment.
4.4 Budget Phone Company may, without incurring any liability whatsoever, terminate, modify, interrupt, suspend or limit the provision of the Services and/or terminate the Agreement:
(a) to ensure the security or integrity of Budget Phone Company’s network or a Service Provider’s network during an emergency;
(b) if the Customer fails to meet its payment obligations under these Terms and Conditions or otherwise defaults in the performance of its obligations under these Terms and Conditions or the Agreement, or it is reasonably believed by Budget Phone Company that the Customer will default;
(c) if the agreed Service has not been used for twelve (12) consecutive months;
(d) if Budget Phone Company cannot, after making reasonable efforts to do so, reach the Customer at the address or telephone number provided by the Customer.
4.5 Budget Phone Company shall make reasonable efforts to give the Customer prior written, telephonic or electronic notice, within a reasonable time, of the termination, modification, interruption, suspension or limitation of the provision of the Services pursuant to the provisions of Article 4.4.

5. Liability for the use of the Services.

5.1 The Customer shall pay Budget Phone Company for the use of the Services in accordance with the provisions of Article 6.
5.2 The Customer shall be responsible and liable for all access to, use of, and charges for use of the Services through the connection(s) notified by the Customer to Budget Phone Company or through Customer passwords or access codes.The foregoing also applies to any use of the Services by unauthorized Users through the Customer’s connection(s) or through Customer passwords or access codes, until such unauthorized use has been reported to Budget Phone Company and access to the Services through the Customer’s connection(s) or through Customer passwords or access codes has been blocked by Budget Phone Company.