Article 1 Definitions
1.1 The service provider: the private limited company Tulp Solutions B.V., with its registered office in Amsterdam.
1.2 The customer: the user of the service provider’s service.
1.3 The agreement/the service: the contract between the service provider and the customer, whereby the service provider, by making 0840/090x (service) numbers available, forwards the customer’s landline and mobile telephone calls nationally and internationally, or provides the customer with certain information.
1.4 The general terms and conditions: these general terms and conditions.
1.5 The tariff schedule: the current overview of the tariffs charged by the service provider. These can be viewed on the website.
1.6 The parties: the service provider and the customer collectively.
Article 2 Applicability of the General Terms and Conditions
2.1 The General Terms and Conditions apply to all agreements as referred to in Article 1.3.
2.2 No deviation from the General Terms and Conditions is permitted.
2.3 The applicability of any other general terms and conditions is expressly excluded.
2.4 If any provision of these terms and conditions proves to be void, the parties shall agree on a new provision in its place which, as far as legally possible, gives effect to the intention of the original provision.
2.5 The general terms and conditions may be amended unilaterally by the service provider. The amendments shall take effect 7 days after their publication on the service provider’s website.
Article 3 Formation of the contract
3.1 The service provider offers the 0840/090x (service) numbers and advertises them (including on the internet).
3.2 The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the customer to make a proper assessment of the offer. Each offer contains sufficient information to make it clear to the customer what rights and obligations are attached to the acceptance of the offer.
3.3 The customer accepts the offer and the applicability of the general terms and conditions by using the relevant 0900 (service) number and maintaining the connection after the free rate announcement.
3.4 The contract is concluded for the duration of the call following acceptance.
3.5 The service provider is entitled to refuse a contract and to block or terminate access to 0900 (service) numbers for certain customers.
Article 4 Consumers
4.1 With regard to individuals not acting in the course of a profession or business, the service provider has no duty to provide information under Article 7:46c of the Dutch Civil Code in connection with the exception referred to in Article 7:46i(5) of the Dutch Civil Code. The service shall be performed immediately upon acceptance.
Article 5 Terms of Payment
5.1 The rates per 0900 (service) number can be found in the rate overview. Furthermore, the website states whether charges are calculated per minute or per second and whether there is a connection charge.
5.2 Rates include VAT.
5.3 The service provider’s rates are invoiced to the customer via the customer’s fixed-line or mobile telecoms provider. In the event of any uncertainty or queries, the customer should therefore contact their fixed-line or mobile telecoms provider.
5.4 Any additional rates and/or charges invoiced by the customer’s fixed-line or mobile telecoms provider are not part of this agreement.
5.5 The service provider is entitled to amend the rates at any time. These changes will be published in the rate schedule.
Article 6 Quality of Services
6.1 Telecommunications services operate by means of the transmission of radio signals, which means that the quality of the connection cannot be guaranteed at all times and in all places. This is due, amongst other things, to the (mobile) equipment used, the network’s radio coverage and atmospheric conditions. The service provider cannot guarantee the establishment and/or maintenance and/or the quality of the connection.
6.2 A connection that fails to be established, is interrupted or is of poor quality does not entitle the customer to a refund of the charges due.
Article 7 Liability
7.1 The use of 0900 (service) numbers is at the customer’s own expense and risk.
7.2 The service provider shall not be liable for any direct or indirect damage, including consequential damage, loss of turnover and profit, loss of data and non-material damage.
7.3 Should liability nevertheless be established, it shall in all cases be limited to the cost of the telephone call to which the liability relates and shall, furthermore, be limited to the amount paid out by the insurer in respect of the matter.
Article 8 Governing law
8.1 The agreements referred to in Article 1.3 shall be governed exclusively by Dutch law
Article 9 Dispute resolution for business clients
9.1 With regard to persons acting in the course of their profession or business, the competent Dutch court shall have exclusive jurisdiction to hear any disputes arising under the agreement.
Article 10 Dispute Resolution for Consumers
10.1 Disputes between the customer, not acting in the course of a profession or business, and the service provider concerning the formation or performance of the agreement may be submitted by either the customer or the service provider to the Telecommunications Disputes Committee, PO Box 90600, 2509 LP The Hague.
10.2 A dispute will only be considered by the disputes committee if the customer referred to in Article 10.1 has first submitted their complaint in writing to the service provider. The service provider shall respond in writing to the substance of the complaint within 30 days of receiving it, unless this is not reasonably possible. In that case, the customer referred to in Article 10.1 shall be informed in writing within that period of the latest date by which the substantive response will be communicated to them.
10.3 Within 30 days of receiving the service provider’s substantive response, or within 30 days of the expiry of the date by which a response should have been provided in accordance with the provisions of the second paragraph of this article, the customer referred to in Article 10.1 may refer the dispute to the Telecommunications Disputes Committee.
10.4 Where the customer referred to in Article 10.1 submits a dispute to the Disputes Committee, the service provider is bound by this decision.
10.5 If the service provider wishes to refer a dispute to the disputes committee, it must request in writing that the client referred to in Article 10.1 state within five weeks whether they agree to this. The service provider must also state that, upon the expiry of the aforementioned period, it will be free to refer the dispute to the ordinary courts.
10.6 The Disputes Committee shall render its decision in accordance with the provisions of the rules governing its proceedings. The rules of the Disputes Committee will be provided on request.
10.7 The decisions of the Disputes Committee shall take the form of a binding opinion. A fee is payable for the handling of a dispute.
April 2009