Terms and Conditions

TERMS AND CONDITIONS FOR THE USE OF CALL BILL

Date: 1 October 2018

 

Article 1 – Definitions

In these general terms and conditions, the following terms have the following meanings:

 

Provider:

The party that has one or more Call Bill facilities operated and paid for through Call Bill.

Customer:

A person or entity that makes use of a Call Bill facility or through whose Call Bill subscription a Call Bill facility is made use of.

General Terms and Conditions:

These general terms and conditions, which apply to any use of Call Bill.

App:

An iOS or Android app that the Service Provider makes available for the use of Call Bill.

Call Bill:

A service of the Service Provider that makes it possible to enter into and pay for transactions on Call Bill facilities by means of the App and the Website.

Call Bill Subscription:

A subscription for the Call Bill service through registration with the Service Provider.

Call Bill facility:

A numbered washing machine, dryer, electricity meter, water meter or other facility that becomes accessible and is paid for via Call Bill.

Call Bill Rate:

The rate determined by the Provider for the use of a Call Bill facility per transaction, kWh or litre, including VAT. The provider may change this rate from time to time (see Article 5, paragraph 1 of these General Terms and Conditions).

Service Provider:

The private company with limited liability Involtum Services B.V., established in Rotterdam, engaged by the Provider to make the Call Bill facilities accessible and pay for them.

Location:

The location of the Call Bill facilities.

My Environment:

A personal webpage within the Website, which is only accessible to the Customer and on which the Customer can consult, enter and amend personal details.

Agreement:

The agreement for the provision or use of Call Bill, which agreement is entered into by the Customer and the Service Provider every time the Customer uses a Call Bill facility.

Privacy Statement:

The privacy statement of the Service Provider, as stated on the Website. This statement applies to the Agreement and any use of the Call Bill facility.

Service Department/Breakdown Service:

The help desk of the Service Provider, which answers questions and processes reports of failures in the Call Bill facilities. The helpdesk can be reached at www.call-bill.com and by telephone at (currently) 088 – 170 7750.

Transaction:

A transaction or delivery with regard to a Call Bill facility by means of Call Bill.

Transaction costs:

The costs of a Transaction based on the Call Bill Rate.

Website:

The website www.call-bill.com of the Service Provider, containing information on the Call Bill service, through which people can register for a Call Bill Subscription that provides access to My Environment.

All definitions can be used in their singular form and in their plural form without losing their validity.

 

 

Article 2 – Applicability of the General Terms and Conditions

2.1

The General Terms and Conditions apply to any Agreement and any use of the Call Bill facility. Specific user conditions apply to the use of the App. The Service Provider will comply with the statutory regulations on privacy and the protection of personal data. The conditions of the Privacy Statement apply by analogy.

2.2

The Customer is always bound by the most recent version of the General Terms and Conditions. The most recent version of the General Terms and Conditions will always be published on and can be downloaded from the Website and will, upon request, be sent to the Customer by (electronic) mail, free of charge. The applicability of any general terms and conditions of the Customer is explicitly rejected.

 

 

Article 3 – Use of Call Bill

3.1

In order to use Call Bill, a potential Customer must register via the App or the Website by entering – among others – their name, address details, mobile phone number, email address, account number and Location, and by choosing a password. The Customer is responsible for entering the abovementioned details correctly. The registration will be complete after acceptance of the General Terms and Conditions.

A Transaction starts by logging into My Environment on the Website or the App and activating the correct connection number of the Call Bill facility. After confirming the Transaction, you may be required to start the relevant Call Bill facility, such as a washing machine or dryer, locally. The Customer is responsible for starting the correct Transaction, the correct Call Bill facility or the correct duration or unit. Once entered or started, Transactions will not be refunded.

The Customer's login details for the Call Bill facility are personal and non-transferable. The Customer is personally responsible for handling and using the login details for My Environment and any other access codes or PIN codes with care, as well as for loss or use of these details by third parties.

3.2

Being registered with Call Bill does not also constitute the Provider's permission for the use of the Call Bill facilities on the relevant Location. The Customer requires the Provider's permission for the use of the Call Bill facilities. The Service Provider does not guarantee the availability of the Call Bill facility.

The Customer must comply with the (user) instructions, guidelines and conditions of the Provider and all the national and local applicable laws and regulations.

3.3

A Transaction will either end automatically after the Call Bill facility has finished a programme or the available time has lapsed, or through termination thereof by the Provider or the Customer. In the latter case, the Customer must log into My Environment on the Website or the App, select the correct active Transaction and terminate it.

3.4

After registering for a Call Bill facility, the Customer agrees to direct delivery of Call Bill and the associated services. The Customer waives any right of withdrawal after the Transaction is completed.

 

 

Article 4 – Costs

4.1

The Call Bill Rate may consist of – among others – a set-up rate, a rate per time unit or a rate per kWh or litre used. In addition, a minimum or maximum rate may apply per Transaction. The Call Bill Rate is stated in the App, in My Environment on the Website or at the Location. The Provider is free to periodically amend the Call Bill Rate for future Transactions after prior announcement thereof via the App, My Environment on the Website or at the Location. If the Call Bill Rate is increased, the Customer is authorised to terminate the Agreement as of the date from which the amended Call Bill Rate applies.

4.2

After completion of a Transaction, the Transaction Costs are determined on the basis of the Call Bill Rate and the duration of the Transaction and/or the consumption during the Transaction. The details in the Service Provider's administration are decisive in determining the Transaction Costs, unless the Customer can prove that these details are incorrect and substantiate that with evidence. The costs of a failure to complete a transaction, completing a transaction too late or third parties making use of the Customer's Call Bill Subscription to start a Transaction will be at the Customer's expense.

4.3

The rate for use of the telephone number of the Service Department/Breakdown Service is the local rate. These costs are charged on by the Customer's telephone company. For certain telephone contracts or when calling from abroad, the costs for calling a local number may be higher. For information on this, the Customer is referred to their telephone company.

4.4

The Service Provider may decide to charge a periodical fee per Call Bill Subscription, per invoice or per message sent. The Service Provider will inform the Customer by email and via the Website at least two months before such a fee is implemented. In such case, the Customer is authorised to terminate the Agreement within the aforementioned two-month term, as of the date from which the periodical fee applies.

 

 

Article 5 – Payment

 

5.1

The Transaction Costs will be charged against the Customer’s prepaid balance. The prepaid balance is held with the Service Provider. Before starting a Transaction, the Customer must see to it that the outstanding prepaid balance is sufficient to cover the Transaction Costs of the intended Transaction. The Customer can recharge the prepaid balance in the App or the My Environment on the Website.

5.2

A list of completed Transactions will be displayed in the App and the My Environment on the Website. In the event of inaccuracies or complaints, the Customer must inform the Service Provider thereof without delay, though in any case within 14 days. After that, the Customer will be considered to have agreed to the Transaction Costs.

5.3

The Customer can request the Service Provider via the App or the My Environment in the Website for a refund of the outstanding prepaid balance to a bank account number indicated by the Customer. The Service Provider will only meet such request if no payments are due and outstanding by the Customer to the Service Provider. The Service Provider reserves the right to terminate the Call Bill Subscription after having refunded the prepaid balance to the Customer.

5.4

In exceptional cases, the Service Provider may decide to allow the Customer to pay the Transaction Costs afterwards if the Customers grants a direct debit mandate. The Service Provider will periodically charge the Customer all the Transaction Costs by means of an itemised collective invoice. That invoice will be made available to the Customer via the My Environment on the Website and via email. The Customer must check the invoice carefully and, in the event of inaccuracies or complaints, inform the Service Provider thereof without delay, though in any case within 14 days. After that, the Customer will be considered to have agreed to the Transaction Costs and the invoice sent. The payments will be collected from the bank account number indicated by the Customer. The Customer must see to it that the balance or credit margin on the relevant account is sufficient. Payment must be made in full within 14 days of the invoice date.

The Service Provider may decide in writing that no direct debit mandate is required. In such case, the Customer must pay the invoice within 14 days of the invoice date.

If the Customer fails to pay the invoice in time or fails to pay it in full, the Customer will be in default by operation of law and will owe an interest equal to the statutory interest pursuant to Section 6:119a of the Dutch Civil Code. All the legal and extrajudicial expenses that are incurred with regard to the collection of that which the Customer owes and has failed to pay in time are at the Customer's expense, with a minimum of EUR 250 per collection. Insofar as the Customer is a consumer, the Service Provider is entitled to an amount equal to the maximum compensation for extrajudicial collection costs that is permitted by law, as laid down in and calculated according to the Dutch Extrajudicial Collection Costs (Fees) Decree, insofar as – after the default arises and a demand for payment is sent – the outstanding amount is not paid within fourteen days, calculated from the day after the demand is sent.

 The payment obligation under the invoice may not be suspended or offset.

5.5

The Service Provider is authorised to suspend and/or terminate the Customer's further use of the Call Bill Subscription with immediate effect, without being liable for any loss or costs:

a.     in the event that the Customer fails to comply with the payment obligation, or does not comply with it in time;

b.     in the event that the Customer fails to comply with another obligation under this Agreement, and the Customer has been given notice of default;

c.     in the event of unlawful use or abuse of the Call Bill facilities by the Customer;

d.     in the event that the Service Provider has refunded in full the outstanding prepaid balance upon a request to do so by the Customer;

e.     in the event that the Customer is granted a moratorium, is declared bankrupt or put into liquidation, or if the Dutch Debt Restructuring (Natural Persons) Act is declared applicable to the Customer or an application to that end is submitted with regard to the Customer;

f.      in the event that an important portion of the (corporate) assets of the Customer are seized;

g.     in the event that the Customer is placed under guardianship or under administration, or otherwise loses their right or power of disposition;

h.     in the event that the Customer discontinues its business operations, insofar as it concerns a corporate customer;

i.       in the event that the Customer dies.

 

The Service Provider reserves the right to suspend or terminate the provision of Call Bill or the Call Bill facilities that it provides to the Customer at all times, with immediate effect.

 

Article 6 – Liability for failures due to the Service Provider

6.1

The Provider and the Service Provider will make every reasonable effort to realise regular operation of the Call Bill facilities and prevent failures as much as possible. The Service Provider does not guarantee the failure-free use of the Call Bill facility. Customers are requested to report any failures in and damage to the Call Bill facilities that they discover to the Provider, and any failures of the App or Website to the Service Department/Breakdown Service, without delay.

6.2

Breakdowns in the provision of electricity or water to the Call Bill facilities, breakdowns of the Call Bill facilities themselves or an inability to use the Call Bill facilities due to communication failures with (mobile) phone companies or internet providers are not at the expense and risk of the Service Provider.

6.3

The Service Provider is not liable for loss or costs that the Customer or third parties incur as a result of the Transaction or the Call Bill facility, or in the event of a failure to comply with any obligation under the Agreement, unless this article stipulates otherwise. Only in the event of a deliberate act or wilful recklessness on the part of the Service Provider or third parties engaged by the Service Provider will the Service Provider be liable for the direct and indirect loss suffered by the Customer, with a maximum of EUR 250 per event. A series of connected events will be considered a single event. Liability for indirect loss, including but not limited to lost profit and lost turnover, as well as for immaterial loss, is excluded. The Service Provider's total liability under the Agreement, the Transaction, Call Bill and/or the Call Bill facility will at all times be limited to EUR 500.

 

 

Article 7 – Liability of the Customer

7.1

Without prejudice to mandatory legal restrictions, the Customer is liable for any direct loss (and therefore not for consequential loss) that, due to the Customer's actions, the Provider, the Service Provider and/or third parties engaged by the Provider or Service Provider suffer as a result of the Customer's use of the Call Bill facilities.

7.2

The Customer indemnifies the Provider and the Service Provider against third-party demands, claims and/or costs arising from situations as referred to in paragraph 1 of this article.

 

 

Article 8 – Invalidity of one or more provisions

8.1

Invalidity of any provision in the General Terms and Conditions does not affect the other provisions.

8.2

If and insofar as, under the given circumstances, any provision in the General Terms and Conditions must be considered to be unreasonably onerous, unacceptable according to the standards of reasonableness and fairness or invalid, a provision that, considering all the circumstances, is acceptable and the purport of which is as close as possible to that of the provision that, in the relevant case, will be considered not to apply, will apply between the parties.

 

 

Article 9 – Applicable law and competent court

9.1

These General Terms and Conditions are exclusively subject to Dutch law, with exclusion of the Vienna Sales Convention.

9.2

Any disputes arising from an Agreement, the Call Bill services and the General Terms and Conditions are exclusively settled by the competent court of Rotterdam, or – if the Customer is a consumer – the court within whose jurisdiction the Customer resides.

 

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