General Terms and Conditions Simhuis B.V./ Topcom Telecom

General Terms and Conditions of Topcom Telecom, a trade name of Simhuis B.V.

Article 1 – Identity of the Company, hereinafter referred to as the Entrepreneur

Company – Simhuis B.V.

• Address: Doetinchemseweg 53, 7021 BR Zelhem
• Website: www.simhuis.nl
• Telephone: 0575-474731
• Simhuis B.V. is an operating company of: van Kempen B.V.

Article 2 Definitions

Supplementary Terms: terms and conditions that apply to the provision of specific products and/or services and apply in addition to the General Terms and Conditions.

General Terms and Conditions: the General Terms and Conditions of Supply applicable to the services provided by Simhuis B.V.

Service Description: an appendix to the Agreement describing the Service.

Services: electronic communications, data transmission, ICT or other related services provided to Clients by or on behalf of the Supplier.

Supplier: Simhuis B.V.

Customer: the person acting in the course of a business with whom the Supplier has entered into an agreement for the supply of goods and services to which these General Terms and Conditions apply.

Agreement: the arrangements set out in a form, document or otherwise, under which the Supplier provides the Customer with the goods and/or services specified therein.

Party/Parties: the Customer or the Supplier individually (“Party”) or jointly (“Parties”). Equipment: All cables, peripherals, measuring or other equipment, modems, smart cards and any accompanying user documentation and software that are and remain the property of the Supplier. Services provided for the Customer by the Supplier, which the Customer purchases, rents or receives on loan, or which the Supplier has supplied at the Customer’s premises under an Agreement.

Public Electronic Communications Service: a publicly available service that consists wholly or partly of the transmission of signals over an electronic communications network, insofar as the service does not consist of the distribution of programmes.

Article 3 General Provisions

These terms and conditions apply to all offers and agreements under which the Supplier supplies goods and/or services of any kind to the Customer. In the event of a conflict between the terms of the Agreement, the service description, the general terms and conditions and any additional terms and conditions, the following shall apply.

The following rankings:

1. Agreement
2. Service Description
3. Additional terms and conditions
4. General Terms and Conditions

Applicability of any purchase terms or otherwise: The general terms and conditions of customers and/or third parties are expressly rejected.

Agreements, as well as amendments thereto, are concluded:a) Before the date on which the Supplier’s quotation or any other document is signed by both parties;b) On the date of receipt of the Supplier’s written confirmation that the Customer’s application has been accepted;c) When the Customer actually enables the Supplier to perform work or provide services.

Article 4 Price and payment

All prices and rates are in Euros and exclude turnover tax (VAT) and any other charges imposed by the government. Travel time, travel and accommodation, overtime, etc. Special work-related costs are not included in the prices and rates and may be invoiced separately by the Supplier. As of 1 June each year, the Supplier is entitled to increase prices and rates in accordance with the CBS Consumer Price Index for the preceding period of 1 January to 31 December. If the CBS Consumer Price Index is negative in any year, the then-current prices and rates will not be adjusted. In addition to the annual price indexation, the Supplier reserves the right to increase the agreed prices and rates once a year, after notifying the Customer at least four weeks in advance. In the event of a price increase based on this Article 3.3, the Customer is entitled to terminate the Agreement free of charge only in the following cases:

a) If the price increase relates to a public electronic communications service; orb) If the price change does not relate to a public electronic communications service and the price increase exceeds 5%.

Charges for Goods and Services are payable to the Supplier in accordance with the Price List in force at the time, regardless of whether the Goods and/or Services are or will be supplied by third parties. The Price List is available on request from the Supplier. All rates are in euros and exclude VAT and any other levies, taxes and duties imposed by an Authority. The Supplier calculates the contracting party’s data usage based on the standard international SI system and in accordance with IEC guidance: 1 gigabyte (GB) = 1,000 megabytes (MB) = 1,000,000,000 bytes. The Supplier is entitled to withdraw discounts granted with immediate effect if actual use of the Goods and/or Services is not in accordance with the Agreement, does not correspond to normal or contractually agreed usage on which the applicable rates are based, or deviates substantially from usage that may reasonably be expected. Promotional or other discounts do not apply to the contracting party unless the parties have expressly agreed otherwise in writing. The Supplier’s records shall determine the amounts due unless the contracting party demonstrates that they are incorrect. The Supplier reserves the right to adjust the rates for Goods and/or Services each calendar year for inflation based on the CBS Consumer Price Index for the preceding calendar year. The contracting party’s right to terminate as set out in paragraph 6 of this article does not apply to rate increases resulting from inflation adjustments. The Supplier is entitled to change its rates unilaterally (including where an Authority takes a measure or the cost price changes), subject to a period determined by the Supplier. The Supplier will inform the contracting party of the change at least weeks before it takes effect and, if required by law, will inform the contracting party of its right to terminate the relevant part of the Agreement in writing, effective as of the date the change takes effect. The notice of termination must be received by the Supplier before the change takes effect.

All charges are payable from the moment the Supplier incurs costs on behalf of the contracting party in connection with the performance of the Agreement. The Agreement may provide otherwise. The Supplier is entitled to make invoices available to the contracting party electronically (by email/online). If the contracting party wishes to receive paper invoices, the Supplier may charge a fee for this. Payment must be made within thirty days of the invoice date. If the contracting party and the Supplier have agreed that all fees due as referred to in Article 12 will be paid by direct debit from the IBAN provided by the contracting party, for which the contracting party has authorised the Supplier verbally, through the Supplier’s website or in writing, the Supplier will send an email notification before the direct debit, stating that the invoice is available online. For a contracting party who has chosen to receive the invoice by post, the invoice serves as notice of the upcoming direct debit. The direct debit will take place within a few days of notification and, in any event, within the same billing month. If this payment period is exceeded, the contracting party will be in default without further notice of default, and the Supplier may charge the contracting party statutory interest for commercial transactions plus two percentage points. All extrajudicial (collection) costs (including the costs of preparing and sending payment reminders, conducting settlement negotiations and other steps in preparation for possible court proceedings), as well as legal costs, shall be borne by the contracting party. If the contracting party makes payments using a method that incurs costs for the Supplier (for example, by credit card), the Supplier is entitled to charge these costs. Fees due for use of a Content Service by the contracting party will be paid through its Subscription. The Supplier is entitled to send interim invoices and/or demand (immediate) payment if it delivers in instalments or if use of the Service and/or Goods does not correspond to normal usage on which the rates are based. Any objections to amounts charged must be submitted to the Supplier in writing within thirty days of the invoice date. After this period, the contracting party will be deemed to have agreed to the amount stated on the invoice. The Supplier and the relevant third parties are entitled to charge the contracting party for the costs of investigating objections to amounts charged (including administrative costs). Fixed fees for Services paid in advance will not be refunded by the Supplier. The Supplier shall not pay interest on advance payments or deposits. If the contracting party defaults on full payment of two or more instalments for Goods it has received and fails to pay the outstanding amount after being served with a notice of default, all remaining instalments will become immediately due and payable, without prejudice to the Supplier’s other rights arising from the default.

Out-of-bundle usage and charges

If the customer uses a data bundle and usage exceeds the agreed bundle, any additional data usage will automatically be charged as out-of-bundle usage. No hard usage limits apply; data usage may therefore continue without interruption, even after the bundle limit has been exceeded.

The Customer is solely responsible at all times for monitoring and managing data usage. Any costs resulting from exceeding the data allowance shall be borne entirely by the Customer.

Out-of-bundle rates are variable and depend on the underlying network provider(s). These rates may change and can be up to a maximum of €0,02 per MB, unless otherwise agreed.

By using the service, the customer acknowledges and accepts that out-of-bundle charges may arise and will be charged without prior blocking or warning.

Article 5 Confidentiality

The parties shall keep confidential all information and data they receive from each other that is designated as confidential or whose confidential nature follows from the nature of the information and data, unless disclosure of such information and/or data is required by law. The confidentiality obligation ends one year after termination of the Agreement

Article 6 Ownership, Risk & duty of care

The risk of destruction, loss, theft or damage to an item passes to the Customer upon delivery. The Supplier retains ownership of the goods until the Customer has paid all amounts due. Until it has acquired ownership of the items, the Customer shall not dispose of, lend or pledge them, nor rent, lend or otherwise make them available to third parties under any title. The risk of destruction, loss, theft or deterioration of a facility passes to the Customer when the facility is installed or placed at a Customer location, or otherwise made available to the Customer. The Customer must ensure that the Facilities are installed at a suitable (dry and vibration-free) location.

The Customer shall not remove or alter type and serial numbers, logos and/or other identifying marks affixed to the Facilities. The Customer is not entitled to make changes to the Facilities (including changes to software supplied or installed in the Facilities), move or damage them, or have them installed or moved by anyone other than the Supplier, unless the Supplier has given its consent. The Customer shall promptly notify the Supplier if any attachment is or is likely to be levied against the items or Facilities, or if the Supplier’s or its engaged third parties’ ownership rights are affected. The Supplier is entitled to repossess the Customer’s goods for as long as ownership of the goods remains with the Supplier. The costs of this shall be borne by the Customer. The Customer must authorise the Supplier to enter the premises where the goods are located.

Article 6.1: Suspension of Services for Non-Payment

6.1.1 Right to suspend


Simhuis is entitled to suspend all or part of the services if the Contractor fails to fulfil its payment obligations. Such suspension may take place without prior notice of default and with immediate effect.

6.1.2 Technical implementation


In the event of non-payment, Simhuis will suspend the relevant SIM card(s), interrupting all data connections and telecommunications services. The SIM cards will remain suspended until all outstanding amounts, including interest and costs, have been paid in full.

6.1.3 Ongoing charges


During the suspension period, the Customer remains liable for payment of all fixed recurring charges and surcharges. The Customer is also responsible for the costs of reactivating the services after payment.

6.1.4 Reactivation


After all outstanding amounts have been paid in full, Simhuis will resume the services within two (2) business hours. An administration fee may be charged for reactivation in accordance with the applicable rate sheet.

6.1.5 Additional charges


All extrajudicial collection costs, including the costs of payment reminders, settlement negotiations and bailiffs, as well as all legal costs, shall be borne by the Customer.

6.1.6 No liability


Simhuis shall not be liable for any damage arising from the suspension of services as a result of non-payment by the contracting party. The contracting party is responsible for informing any end customers in a timely manner of possible service interruptions.

Article 7 Warranty & Security

The supplier shall deliver goods and services in accordance with the technical and/or functional specifications agreed in the Agreement. The supplier does not guarantee uninterrupted delivery of the Services.

1. The warranty period for the goods is one year from the date of delivery, or as otherwise specified by the manufacturer.
2. The goods warranty covers free repairs and replacement of parts of the goods in the event of material and/or manufacturing defects. The warranty does not cover the supply and/or replacement of consumables.
3. The warranty applies to items that the Customer can prove were delivered to them by the Supplier within the warranty period.

Warranty work is carried out in the Netherlands only.

The warranty is void if:

1. repairs, modifications or extensions to the goods have been made by parties other than the Supplier without the Supplier’s prior written consent;
2. the goods have, in the Supplier’s opinion, been neglected or handled carelessly and/or used, handled and/or maintained improperly;
3. model numbers, CE markings, serial numbers and/or warranty stickers have been damaged, removed and/or altered;
4. changes have been made to the warranty card and/or proof of purchase;
5. defects caused by incorrect insertion and/or leakage of replaceable batteries as a result of which they become defective;
6. defects caused by non-compliance with (approved) connection and/or installation requirements;
7. defects caused by environmental conditions, insofar as such conditions are foreseeable;
8. defects are caused by external factors attributable to others;
9. the possible seal on the goods has been removed or is defective.

If the Supplier has supplied items under a manufacturer’s warranty, only the manufacturer’s warranty terms and warranty period shall apply. The warranty period shall not be extended or renewed by warranty work, provided that the warranty on the warranty work performed, including replacement parts, is 3 months. Any shipping or call-out costs may be charged to the Customer and will be charged in advance (depending on the product and supplier).

The Supplier retains ownership of all Items supplied by it and grants or transfers rights subject to the (suspensive) condition that the Contractor has paid all claims relating to the consideration for Items delivered or to be delivered by the Supplier to the Contractor and Services performed or to be performed, as well as all claims arising from a failure to perform the Agreement. If the Contractor creates a new item from the Items, the Supplier shall have that item created for itself as owner, and the Contractor shall hold it for the Supplier until the Contractor has paid all claims referred to in the previous paragraph. The Contractor shall take due care to store, use and insure the Items made available for its use by the Supplier as identifiable property of the Supplier. For as long as ownership of, or rights to, the Items and/or Services have not transferred to the Contractor, the Contractor may not pledge or encumber the Items and Services or grant any other right in respect thereof to a third party.

The contracting party shall immediately notify the Supplier if third parties assert or intend to assert rights to the Goods and/or Services. The contracting party hereby authorises the Supplier to establish, on behalf of the contracting party, a silent or disclosed pledge over supplied Goods and rights that have passed into the ownership of the contracting party upon payment and remain in the contracting party’s possession, as additional security for all claims due to the Supplier under the Agreement. The Supplier is at all times entitled, for reasons it deems appropriate (for example, if use does not correspond to normal usage on which the applicable rates are based, deviates substantially from usage that may reasonably be expected, or the payment history gives cause to do so), to require the contracting party to provide (additional) security, at the Supplier’s discretion and within a period set by the Supplier, by making an advance payment (up to a maximum of the amount the contracting party could reasonably owe the Supplier in total over six months) or paying a deposit. If no payment problems have occurred for a continuous period of at least six months, the contracting party may submit a written request to the Supplier for repayment of the deposit. The Supplier will assess the request and repay the deposit if it considers the circumstances to permit this.

Article 8 Intellectual property rights

Subject to the limitations and conditions, the Supplier grants the Customer a non-exclusive, non-transferable right to use the software, hardware or other items supplied and facilities made available under the Agreement, in the form in which they are supplied or made available, solely for internal purposes and to the extent necessary to use the services provided and fulfil the obligations under the Agreement.

Intellectual or industrial property rights in anything made available to the Customer by the Supplier under or in connection with the Agreement, including software, equipment or other items and Facilities, including documentation, shall remain with the Supplier or its suppliers and/or the third party authorised by the Supplier to make software, hardware or other items available to the Customer. The Customer acquires rights only to the extent expressly granted to it in the Agreement. The Supplier shall use all reasonable efforts to ensure that the Customer’s use of the software, equipment and other items and Facilities made available by the Supplier in connection with the Services does not infringe third-party intellectual or other property rights.

The Supplier shall indemnify and defend the Customer against third-party claims relating to: alleged infringement of third-party intellectual or industrial property rights by software, equipment or other items and Facilities made available by the Supplier in connection with the Service(s), provided that the Customer: (i) promptly notifies the Supplier of such claims; (ii) does not acknowledge the claims; and (iii) cooperates in the defence against such claims. The indemnification obligation shall lapse if and to the extent that the alleged infringement can reasonably be attributed to misuse or modification of the relevant software, equipment or other items by the Customer, its customers, affiliates, agents or subcontractors; where the (alleged) infringement is indirect; or where the (alleged) infringement results from combining the relevant software, equipment or other items relating to goods supplied under the Agreement with other products, software or elements not supplied by the Supplier.

If a court has ruled irrevocably that the Customer infringes third-party intellectual or industrial property rights as a result of an act or omission by the Supplier, the Supplier shall, at its discretion:

a) take measures to end the infringement, such as replacing the infringing Service with another functionally equivalent service or modifying the Service so that it no longer infringes while remaining functionally equivalent; or

b) terminate the Services and, where applicable, refund the Customer any amounts already received for services not yet provided.

Prohibition on copying and reproducing hardwareThe Customer is expressly prohibited from copying, reproducing, imitating, reverse engineering, disassembling, distributing or otherwise duplicating or making available to third parties the supplied hardware or any parts thereof, whether or not in adapted or modified form, without the prior written consent of Simhuis or SatData. Breach of this prohibition constitutes a serious breach of the Agreement and entitles Simhuis to terminate the Agreement with immediate effect, without prejudice to its right to full compensation for damages.

Article 9 Delivery deadlines and default

All delivery periods specified by the Supplier are indicative and shall not be considered binding deadlines. Exceeding a delivery period alone does not put the Supplier in default. If any delivery period is likely to be exceeded, the Supplier and the Customer will discuss the matter. The Supplier shall only be in default after the Customer has given the Supplier written notice of default, allowing a reasonable period for performance, and the Supplier has failed to perform within that period.

Article 10 Term and termination of the Agreement

An Agreement entered into for a fixed term will, after the initial contract term expires, be extended for an indefinite term, unless the Customer terminates the Agreement in writing, giving one (1) month’s notice before the end of the initial contract term, or the Supplier terminates the Agreement, giving three (3) months’ notice before the end of the initial contract term. Agreements entered into under applicable laws and regulations that, by their nature, may not be entered into for longer than five (5) years will not be tacitly extended for an indefinite term after those five (5) years have expired. These agreements may be extended at the Customer’s initiative.

An Agreement entered into or extended for an indefinite term may be terminated in writing by the Customer without giving reasons, subject to one (1) month’s notice, unless the Parties have agreed, at the Customer’s express request, to a notice period of no more than three (3) months. The supplier is entitled to terminate the Agreement for an indefinite term in writing after good-faith business consultation and stating its reasons. If a minimum term has been agreed, termination may take place only after that minimum term has expired. If the parties have not agreed on a notice period, the Supplier must give three (3) months’ notice. Agreements which, by their nature, may not be entered into for more than five (5) years shall be converted from an indefinite term into a fixed term. These agreements may be extended at the Customer’s initiative.

If the Customer terminates a Service before the end of the (minimum) contract term, the Supplier is entitled to the remaining fees that would have been payable had the Agreement been terminated early. In addition to the provisions of the preceding paragraphs, the Supplier is entitled to discontinue the Service(s), giving at least three months’ notice, if technical or business/economic reasons make this necessary. In that case, the Supplier will, where possible, offer a replacement service. If the Customer does not wish to accept the service, or if no replacement service is available, the Agreement will end on the date the Supplier ceases to provide the service. Article 11.4 also applies if the Supplier no longer has access to specific third-party products and/or services, for reasons beyond the Supplier’s control.

Article 11 Termination of the Agreement

In addition to the statutory grounds for termination, the Supplier is entitled to terminate the Agreement in whole or in part with immediate effect, without court intervention or notice of default, if the Customer: has applied for or been granted a suspension of payments;

a) has been declared bankrupt; or

b) an application for bankruptcy has been filed.

Article 12 Supplier’s liability; indemnity

The Supplier’s total liability, on whatever grounds, is limited to compensation for the following damage and up to the stated maximum amounts:

• death and personal injury up to a maximum of € 2.500.000,00 per occurrence, with a series of related occurrences treated as a single occurrence;
• property damage, consisting of the reasonable costs of repair or replacement up to a maximum of €25,000 per event;
• damage demonstrably suffered by the Customer as a result of a Service being unavailable due to a breach attributable to the Supplier or an administrative error by the Supplier, up to a maximum of € 100 per affected party and a maximum of € 250,00 per occurrence, with a series of related occurrences treated as a single occurrence;
• demonstrable reasonable costs incurred to prevent or limit damage, up to a maximum of € 25.000 per event, with a series of related events considered as one event. For the damage referred to in b through d, an absolute maximum of € 25.000,00 applies for the term of the Agreement.

The stated limitations of liability do not apply if the damage was caused by intent or wilful recklessness on the part of the Supplier’s management. The Supplier shall in all cases be excluded from liability for damage not covered by Article 12, including lost profits, lost savings, loss of data, damage due to business interruption and employee downtime, fines and compensation payable to third parties, and diminished goodwill. A condition for any right to compensation is that the Customer reports the damage to the Supplier in writing within three months of its occurrence. The limitations of liability set out in this Article apply equally to indemnities. If the Parties have agreed on a penalty in addition to the right to compensation, any contractual penalties incurred and amounts paid and/or payable under indemnities shall be deducted from any compensation for damage relating to the same event. The Customer indemnifies the Supplier and the Supplier’s employees against all third-party claims, in particular third-party claims for product liability arising from a defect in a product or system supplied by the Customer to a third party and comprising, in part, equipment, software, websites, databases or other materials supplied by the Supplier, except insofar as the Customer proves that the damage was caused by that equipment, software, website, database or other material.

Article 13 Force Majeure

Neither party is obliged to fulfil any obligation if prevented from doing so as a result of force majeure. In addition to the foregoing, force majeure includes strikes, occupation of business premises, blockades, embargoes, government measures, war, revolution and/or any similar situation, power failures, failures in electronic communications lines, cable breaks, fire, explosion, water damage, lightning, natural disasters, floods and/or earthquakes, staff shortages and/or illness, and a failure by the Supplier’s suppliers to perform or force majeure affecting the Supplier’s suppliers. If the force majeure situation lasts longer than 90 days, either party may terminate the Agreement by registered letter, unless it is foreseeable that the force majeure situation will be resolved within a reasonable period. Anything already performed under the Agreement shall be settled on a pro rata basis, with neither party owing anything further to the other.

Article 13a Exclusion of liability for outages and hardware

Simhuis will use its best efforts to ensure the optimal availability, operation and functionality of the supplied SIM cards and related services. However, Simhuis cannot guarantee that the SIM cards, hardware and services will function at all times without interruptions, faults or capacity constraints.

Simhuis accepts no liability whatsoever for any direct or indirect damage, consequential loss or loss (including, but not limited to, lost turnover or profits, business interruptions, loss of data or costs for on-site interventions) arising from:

a) SIM cards not functioning or service disruptions of any kind;b) failure to achieve the bandwidth, speed or capacity expected or experienced by the customer;c) disruptions requiring local interventions, including but not limited to manually resetting routers, modems or other equipment on site;d) hardware-related problems, regardless of whether the hardware was supplied by Simhuis or purchased or installed by third parties;e) configuration or compatibility issues between SIM cards and equipment used by the customer;f) interruptions resulting from network maintenance by network operators or other external parties.

The Customer expressly acknowledges that local interventions, such as resetting equipment, may be necessary and that such actions are at the Customer’s own expense and risk. Simhuis is not required to provide on-site local technical support.

The sole exception is damage that is the direct result of wilful misconduct or gross negligence on the part of Simhuis. In all cases, Simhuis’s liability remains limited to what is expressly provided for in these Terms and Conditions."

Article 13b Local Interventions

The Customer acknowledges that local interventions, such as resetting equipment on site, may be necessary to restore the service in the event of disruptions. Simhuis is not required to perform such local interventions and accepts no liability for damage arising from the failure, delay or inability of the Customer or third parties to carry out local interventions."

Article 13c Limitation of liability for local interventions

Simhuis shall not be liable for any damage, costs or consequences arising from the failure, malfunction or delay of local resets or other on-site interventions at the Customer’s premises, regardless of whether these interventions are carried out by the Customer, third parties or Simhuis employees."

Article 13d Limitation of liability for local interventions and consequences

Simhuis shall not be liable for any damage, costs or consequences arising from the failure, malfunction or delay of local resets or other on-site interventions at the customer’s premises, including but not limited to:

a) downtime and business interruptions of any duration;b) loss, damage or corruption of data during or as a result of local interventions;c) data recovery or system restoration costs;d) lost productivity and business losses during interruptions;e) costs for external on-site technical support,

regardless of whether these interventions are carried out by the Customer, third parties or Simhuis employees."

Article 14 Changes to and expansion of work, services and/or deliveries

If, at the request of or with the consent of the Customer, the Supplier performs work or provides services or deliveries that fall outside the scope or extent of what has been agreed, the Customer shall pay the Supplier for such work, services or deliveries at the Supplier’s usual rates. If a fixed price has been agreed, the additional costs will be charged. However, the Supplier is not obliged to comply with such a request and may require a separate written agreement. The Customer acknowledges that changes to or expansion of the work, services or deliveries referred to in this article may affect the agreed or expected completion time, the mutual responsibilities of the Customer and the Supplier, and the Supplier’s agreed rates.

Article 15 Obligations under the General Data Protection Regulation and the Telecommunications Act

The Parties are required to cooperate with each other in order to enable the other party to comply with its obligations under the General Data Protection Regulation (GDPR) and, insofar as the Supplier is concerned, the Telecommunications Act as well. The Customer shall always inform the Supplier in good time and provide relevant information about any processing in context. The contract is subject to the GDPR and/or the processing has been reported to the Data Protection Authority or a customer data protection officer has been appointed. To the extent that the obligation(s) referred to in this Article entail work and/or costs for the Supplier, the Customer shall reimburse these. The Customer shall ensure that the controller within the meaning of the GDPR complies with all GDPR obligations. The Customer indemnifies the Supplier against all third-party claims brought against the Supplier under the GDPR. The Supplier is entitled to block the transmission of unsolicited communications as referred to in Article 11.7 of the Telecommunications Act, such as spam messages, malware and viruses. If the Customer subscribes to a Public Electronic Communications Service and it is fully interrupted for more than 12 consecutive hours as a result of a network failure, the Customer is entitled to compensation, unless the failure is due to a flood, terrorist attack or war. Compensation shall be at least one-thirtieth of the monthly fixed fee per 24 hours or, if there are no fixed fees, at least € 0,50 per 24 hours. The minimum compensation is € 1,00 in all cases. More information about the compensation scheme and how you as a contract holder can claim it is available on our website www.simhuis.nl.

Article 16 SIM

The Supplier shall provide the Contractor with a SIM (in the form of a SIM card or eSIM) and one or more security codes (such as the so-called PIN and PUK codes). The Contractor shall pay the costs of unblocking and/or issuing a new SIM. During the blocking period, the Contractor remains liable for payment of all fixed recurring costs and surcharges.

Article 17 Final Provisions

The Agreement is governed by Dutch law. Disputes between the Parties arising from or in connection with the Agreement shall be submitted to the competent court in Zutphen. The Supplier is entitled to amend these General Terms and Conditions. The Supplier is entitled at any time to modify a Service or replace certain parts of the Service with other parts, provided that the essential nature of the Service remains unchanged. Article 7.2 of the Telecommunications Act applies insofar as these changes relate to a public electronic communications service. Usage rights in the Services granted by the Supplier to the Customer are strictly personal. The Customer acquires no rights to resell or otherwise make them available to third parties, unless expressly agreed otherwise. If any provisions or parts of provisions of these General Terms and Conditions or any appendices are or become unlawful, invalid or unenforceable in any way, the remaining provisions or the valid part of the invalid provision shall remain in full force and effect and enforceable without affecting the other obligations of the Parties. Furthermore, the unlawful, invalid or unenforceable provision shall be deemed replaced by a provision with as similar a legal and commercial scope as possible.