General Conditions and Privacy
These are the General Conditions of Cellcom BVBA/SPRL (Bergstraat 61, 3360 Bierbeek, Belgium, Crossroads Bank of Companies number BE 0538.864.197) referred to hereinafter as "Cellcom Communications" or "Cellcom" and on the other hand for the "customer" or "user" who uses Cellcom Communications for the provision of telecommunication services.
The following conditions describe under which assumptions you can use the services of Cellcom Communications. These services comprise all services offered on the websites www.cellcom.be and www.cellcom.eu and its servers, as well as all services not presented online. You accept the following General Conditions by virtue of registering on our website, using our telecommunications services and the purchase of services.
Cellcom Communications reserves the right to change these general conditions at any time without having to give reasons for this. If the conditions change you will be informed 2 weeks in advance by email or by notification on the invoice. If you have not objected to the changes 2 weeks after receipt of this email or invoice, the changes apply as accepted. Should you not be in agreement with the changed conditions, we reserve the right to cancel your registration or delete your account including credit.
1. Cellcom Communications
Cellcom is an internet platform offering the most diverse services in the field of the internet and mobile telephony. Cellcom is accordingly a SMS messaging-specific site where subject to payment you can use various services.
a) Ordering and invoicing
On the website registered users can make use of all active services offered by Cellcom Communications. The present invoicing conditions are applicable subject to explicit, exceptional and written agreement. They are assumed to be known by the contracting party and always prevail over those of the buyers.
Complaints or objections concerning our invoices or performance must be submitted by registered mail within 10 days of the invoice date. They are no longer acceptable after this.
As soon as an order form has been signed by the buyer/customer for acceptance and approval, the latter can exercise no recourse whatsoever against Cellcom, even in the event of delivery non-compliant with the order. Delivery periods are only provided by way of information; they will be respected to the extent possible but are in no case whatsoever binding for Cellcom. A delay in delivery can in no case whatsoever give rise to compensation or interest.
Receipt of the invoice applies by right and according to art. 1139 of the Civil Code as notice of default without any legal instrument being required, and applies solely due to the expiry of the term. If payment is not made with 15 days of sending by registered mail, the debtor is bound under the application art. 1147 of the Civil Code to the payment of compensation due to default of payment, conventionally and irreducibly set at 12% of the invoice sum with a minimum of €100.
If a payment for activities or services has not been made 30 days after the invoice date, the activities or services will be discontinued. 30 days after the expiry of the term the activities or services will be permanently removed. The re-activation of these activities or services involves a minimum administrative fee of €100.
The prices are excluding VAT unless mentioned otherwise, and any other additional costs are always directly associated with the services used.
The costs of using the SMS services in the module are paid for using Cellcom user credit (credit). Unless “postpaid” invoicing has been agreed, it is only possible to make use of the sms connectivity if there is also credit available. With the "postpaid" system consumed credit is invoiced after the expiry of an agreed period (e.g. once per month or per quarter), or when a certain limit has been reached.
Cellcom reserves the right to change the price per sms without being required to justify such. The changed price is mentioned at all times in the sms module for the service concerned. A supplement can be charged for sending a sms to a foreign number. These prices are also always mentioned for the service concerned in the login part of the sms module on the site.
c) Responsibility for availability of the services
Cellcom will do everything in its power to provide the services as effectively and quickly as possible. Because Cellcom is dependent on distribution channels of third parties and it has no influence on the constant availability of these distribution channels, it is not responsible for the sending of the messages without delay. Cellcom cannot be held liable for a short-term or long-term interruption of the sending of data to the mobile phone of the user/recipient.
Neither does Cellcom guarantee the constant availability of the services. In particular, Cellcom reserves the right to interrupt access to the Cellcom website for a certain time on the occasion of control activities.
If no supplementary contract was drawn up with respect to the duration of the services supplied and the quantity of the services used (e.g. minimum sending volume of text messages), both the Customer and Cellcom can end the services at any time. Upon the simple request of Cellcom to the Customer, all send orders must subsequently be discontinued. When use is made of automatic send orders through a HTTP link, the customer must act upon the request within 24 hours of the request.
Supplementary provisions concerning the assurance of the working of the services offered by Cellcom can be included in a Service Level Agreement drawn up complementary to these General Conditions. If no Service Level Agreement was drawn up and signed by both parties, the Customer can in no circumstance hold Cellcom liable for shortcomings in the services.
3. Obligations of the User
The user will in all respects act and behave in conformity with that which can be expected from a responsible and careful internet user and SMS message user, and is obliged during use of the services of Cellcom to respect the applicable legal regulations and the rules established by Cellcom.
The GOF (GSM Operators' Forum) guidelines with respect to the use of SMS and MMS services will at all times be respected by the Customer.
b) Content of Messages
The user is himself responsible for the content of the messages sent by him.
c) Interests of Cellcom
The user will send no messages of which the its content or expression can harm the interests of Cellcom or of its advertisers.
The user will in no way whatsoever make use of the services of Cellcom for expressions which with respect to third parties are wrongful in nature, or any that are of an ideological, political nature, insulting, racist, discriminatory or inciting in nature, this being entirely in the judgement of Cellcom. The user guarantees Cellcom that use of the services of Cellcom by him will in no way infringe the rights of third parties.
e) Messages Content Control
Cellcom has the right to access the content of messages that the user has submitted for sending electronically or otherwise, with the objective of establishing whether the content suffices with regard to that specified in the paragraphs of this article.
If the user acts in violation of that stipulated in this article, Cellcom has the right to dissolve the agreement with the user with immediate effect and charge an immediately claimable penalty. This penalty is without prejudice to the right of Cellcom to claim relative compensation. Damage to Cellcom or third parties caused by acts in violation of this article can be recovered from the user.
Cellcom always has the right to terminate the registration of a registered user. Expired credit can no longer be used and is never repaid.
h) Fiscal provisions
The Customer explicitly guarantees Cellcom its full compliance with all fiscal provisions concerning the delivery of premium Services by means of telecommunication networks to End Users, more specifically but not exclusively with respect to the taxation system as described in Circular No. E.T. 109.696 (AOIF N°50/2009), with respect to VAT, and Circular IR/IV-4/91.638 (AINV - 2/2009 AOIF 51/2009) with respect to tax on gaming; these circulars have been in force since 1 April 2010. A Customer offering a service considered by the fiscal authorities as a game of chance in the sense of the abovementioned circulars must, among other things, offer a guarantee that he has a permanent residence or establishment in Belgium.
The Customer at all times guarantees that he has the required licences and permission to offer his services (e.g. for the organisation of sms games and competitions). The Customer will provide the required details upon the request of Cellcom.
Only the Customer is responsible for his own VAT affairs and any other taxation obligation (registration, reporting, correct VAT system in conformity with international VAT regulations, payments, etc.) with respect to premium services for end users. The Customer is considered to provide his services directly to the end users and he will therefore bear full responsibility in this respect.
4. General liability
Cellcom can never be held liable for damage the user may suffer due to shortcomings of Cellcom with the execution of the agreement.
Cellcom cannot be held liable for any lost credit due to technical errors or other defects in security, etc. This credit will be lost. Details concerning remaining credit are only indicative. In the case of errors this indication may show a too large total figure. Cellcom has the right to at any time adapt this counter.
c) Credit demonstration accounts. (Credit)
Rights can never be derived from free credits of a demonstration account. Your Cellcom credit can be deleted or deactivated at any time. Any remaining credit cannot be paid out or reimbursed.
The information Cellcom holds is protected by a password so only you have access to your personal information. You are solely responsible for the confidentiality of the password. We advise you to not pass your password on to anyone. Cellcom will never ask for your password by telephone or email.
Unfortunately safety on the internet cannot be fully guaranteed. The sms messages are sent on the internet and we cannot guarantee their full security. You act at your own risk. So never use our services for sending sensitive information.
Cellcom can never be held liable damage suffered if your account is hacked by third parties or if your sms messages have been intercepted.
5. Personal privacy
The personal information you send us is registered in the database of Cellcom Communications, Bergstraat 61, 3360 Bierbeek. You have the right to access this information, change it and export it.
This information can be used by us for customer administration, for market research and to carry out promotional campaigns for our products and services. If you do not wish to receive such information, you can inform us by email, telephone or correspondence at our contact address.
Cellcom Communications binds itself to process your information confidentially in accordance with national and international agreements, including the General Data Protection Act.
a) Personal information
Cellcom collects information in different ways and in different places on the website. Certain personal information is collected - for example when you login. When logging on Cellcom asks for your name, email address and other information.
b) Use of personal information.
Cellcom collects and analyses information to be able to offer you a better service as a user. This includes personalisation services, interactive communication and many other services placed at your disposal fully free of charge.
The customer is entitled to object free of charge to the processing of any processing of their personal data aimed at direct marketing.
The role of Cellcom when conveying advertising is that of an intermediary. Cellcom accepts advertising from third parties and shows it to a part of its users for whom it could be interesting. This type of advertising is by banners and email.
c) Forwarding of personal information.
As a general rule Cellcom makes none of your personal information public if you have not given explicit approval, or in special circumstances such as if we are convinced that this information is required for legal purposes or in the circumstances described below. On the basis of confidential agreements Cellcom can order companies to send advertising free of charge by email, SMS in another way. If you no longer wish to receive advertising from such a partner you can make this known to Cellcom. Your details will never be sold to third parties without your permission. Cellcom will comply with the applicable Belgian regulations with regard to privacy. Should there be a legal obligation Cellcom will provide information on users to third parties.
d) Processing of mobile phone details
Cellcom Communications will not share or sell any information concerning mobile phone numbers, the identification information of your members, customers, prospects, employees, relations or friends to a third party without sending you an explicit written request to this end. Only when sending a text message, the message and the mobile number will be shared with the necessary operators and telecom companies to make it possible to deliver the message on the device.
Cellcom Communications will not share or sell information concerning your mobile phone number, your email address, your telephone and fax number, your demographics, identification and mobile appliance data to a third party unless you have given explicit permission to this end.
e) Right to inspection, improvement, deletion, limitation, objection and transferability of personal data
The customer has at all times the right to inspect their personal data and can have it improved/improve it should it be incorrect or incomplete, have it removed, limit its processing an object to the processing of their personal data based on Article 6.1 (f), including profiling based on said provisions.
Furthermore, the customer is entitled to obtain a copy (in a structured, standard and mechanically readable form) of their personal data and to have said personal data forwarded to another company.
In order to exercise the aforementioned rights, the customer is requested to:
- Adjust the settings of their customer account; and/or
6. PR and marketing
The customer accepts that his name and company name can be passed on to other customers or prospects with the purpose of the provision of references.
The customer also accepts use of his company name and logo as a reference by Cellcom for use in press releases, case studies, documentation and promotional material including, but not limited to, the website of Cellcom, newsletters, presentations and other media Cellcom uses.
Cellcom Communications will use no trademark, word, symbol, letter or design in combination with the customer’s company name or logo to create a combination brand. Cellcom will make no attempt to register the customer’s name or logo, nor attempt to register a similar brand or website domain name.
7. Belgian law
Belgian law is applicable to each agreement concluded by Cellcom, whereby any disputes resulting from or relating to obligations resulting from the agreement concluded between the parties will be brought before the law courts of the administrative district of Leuven.
8. Not applicable or active clause
Should certain clauses of these general conditions as a whole or partly not be applicable or not active, the validity of the other general conditions remains. Not applicable or not active provisions will be replaced by provisions that legally most closely approach the sense and purpose of the not applicable or not active provision. The same applies with any legal loopholes.