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CSL - Algemene Handelsvoorwaarden

December 2021 Edition

1. Introduction

These terms together with the Service Descriptions (as defined below) (together, the “Agreement”), made between you (“you”) and the CSL Affiliate (“CSL”), govern your purchase and use of Equipment and Services from CSL. In the event of a conflict between these agreements the following priority will apply: (1) the Order Confirmation (2) these General Terms and Conditions (3) the Service Descriptions.

2. Definitions and interpretation

“Bundled Equipment” is Equipment that is supplied (i) as part of a bundled connection service to a Network or (ii) expressly identified by CSL on its website as being supplied as part of the Services.

“Communication Provider” means telecommunications operators whether mobile or fixed line which from time to time are the operators of the relevant Network.

“Purchased Equipment” means Equipment that is purchased outright and is not Bundled Equipment.

3. Term

4. Ordering

5. Provision of Services

6. SIM and equipment terms

SIM Cards

Purchased Equipment

Bundled Equipment

Acceptance

Equipment Warranty

 

7. Third party services

8. Use of the services

8.1.1            comply with all applicable laws and not contravene any licence or code of practice or guidelines issued by a Competent Authority and not in any way be fraudulent or unlawful;

8.1.2            be consistent with a reasonable customer’s good faith use of similar services (including complying with any reasonable instructions provided by CSL or a Communication Provider or a Third Party Service Provider, not acting in a way that could adversely affect the provision of Services to CSL or the Communication Provider’s or Third Party Service Provider’s other customers and not using the Services in a way which may cause reputational damage to CSL or the Communication Provider or Third Party Service Provider);

8.1.3            not interfere with any third party’s rights including third party intellectual property rights;

8.1.4            comply with CSL’s acceptable use policy, which is available on CSL’s website and may be updated from time to time; and

8.1.5            comply with any reasonable instructions from CSL or any Communication Provider or Third Party Service Provider.

9. Variations to the services

9.2.1            for modification or maintenance work;

9.2.2            to comply with the requirements of the Communication Provider, the Third Party Service Provider or any Competent Authority including where the Network or Third Party Services fail or are unavailable for any reason;

9.2.3            because of an emergency, for reasons of security, or upon instruction by emergency services or any Competent Authority;

9.2.4            for non-payment or late payment (subject to first giving you a warning notice);

9.2.5            if CSL believes acting reasonably and in good faith you are conducting your business illegally or if a SIM is being used fraudulently or illegally or if it has been lost or stolen.

10. Charges & Fair Use Policy

Fair Use Policy

Aggregated Monthly Allowance

means the total data, voice minutes or SMS allowance for all SIM Cards on an Aggregated Tariff calculated as follows: total allowance = data allowance per SIM Card + Voice Minutes allowance per SIM Card + SMS allowance) per SIM Card x number of SIM Cards on the Aggregated Tariff

Aggregated Tariff

means a tariff whereby a number of SIM Cards on the same tariff are identified as having their individual data, voice and SMS allowances 'aggregated'

Overage

means the consumption by you of data, voice minutes or SMS messages over and above those included in the Aggregated Monthly Allowance

Premium Rate

means mobile originated voice calls or SMS messages initiated from a SIM card to premium rate telephone numbers which are not included within the Aggregated Monthly Allowance

Overage Rate

means the charge per Megabyte, per Voice Minute or per SMS consumed over and above the Customer’s Aggregate Monthly Allowance within an Aggregated Tariff

11. Payment terms

12. Intellectual property

13. Warranties

14. Indemnities

15. Data Protection

15.3.1         Data Subject, Personal Data and processing shall have the meanings given to them in the Data Protection Laws from time to time and international organisation and Personal Data Breach shall have the respective meanings given to them in the the Data Protection Laws;

15.3.2         Data Protection Laws all laws applicable to any personal data processed under or in connection with this agreement;

15.3.3         Protected Data means Personal Data received from or on behalf of the Controller in connection with the performance of the Processor's obligations under this Agreement; and

15.3.4         Sub-Processor means any third party engaged by the Processor to carrying out any processing activities on behalf of the Controller in respect of the Protected Data.

15.9.1         assist the Controller in ensuring compliance with the Controller's obligations pursuant to the Data Protection Laws taking into account the nature of the processing and the information available to the Processor; and

15.9.2         taking into account the nature of the processing, assist the Controller (by appropriate technical and organisational measures), insofar as this is possible, for the fulfilment of the Controller's obligations to respond to requests for exercising the Data Subjects' rights under the Data Protection Laws in respect of any Protected Data.

16. Limitations on liability

17. Termination

18. Confidentiality

19. General