PriTelecom – Service-Specific Terms

Artikel 1. Applicability and scope

1.1 Applicability

• These PriTelecom - Service-Specific Terms and Conditions (hereinafter: "PriTelecom - Terms and Conditions") apply to the telecommunications services offered by PriServices B.V. under the trade name PriTelecom.

1.2 Reach

• These PriTelecom Terms and Conditions apply in addition to the PriServices General Terms and Conditions. In the event of a conflict between both sets of terms and conditions, these PriTelecom Terms and Conditions shall prevail.
• All intellectual property rights relating to the PriPortal, the website(s) and related software are subject to the provisions of article 12 of the PriServices – General Terms and Conditions, which are an inseparable part of these Service-Specific Terms.

1.3 Structure

• PriTelecom is a trade name of PriServices B.V., with its registered office in The Hague and registered with the Chamber of Commerce under number 74867369. Should PriTelecom become a separate legal entity in the future, this PriTelecom Terms and Conditions, to the extent applicable, will remain in force.

1.4 ACM

• PriTelecom is registered with the Netherlands Authority for Consumers and Markets (ACM) under number 944550 and complies with the relevant telecommunications laws and regulations.

2. Service description

2.1 Reseller of telephone numbers

1. PriTelecom offers the use of (usually VoIP-based) telephone numbers, which PriTelecom purchases from an accredited wholesaler ("Wholesale Provider"). PriTelecom does not have its own telecom infrastructure and is therefore not the primary telecom provider.
2. The actual delivery of the (telecom) signal and the availability of the number depends on the Wholesale Provider. PriTelecom acts as an intermediary/reseller.

2.2 Terms of use and Dutch address

1. The Customer must be resident or established in the Netherlands according to telecommunications legislation and/or the Wholesale Provider's policy in order to use a Netherlands telephone number.
2. If the Customer (partially) resides or is established abroad but still wants to use a Dutch telephone number, PriTelecom may require an (additional) address verification to check whether the Customer has a valid address in the Netherlands.
3. The Customer is obliged to report changes in the home or business address in a timely manner, so that PriTelecom and the Wholesale Provider have the correct information.

2.3 Functionalities

1. The exact functionalities (e.g. VoIP, transfer services, voicemail, call forwarding) may differ per type of subscription or package and are described on the PriTelecom website and/or in a quotation/agreement.

3. Contract Duration and Termination

1. In principle, the PriTelecom service is entered into for an indefinite period of time, unless otherwise stipulated in the agreement or quotation.
2. The notice period for PriTelecom is one calendar month, unless a different period is specified in the agreement.
3. Upon termination of the Agreement, all assigned telephone numbers will be withdrawn in consultation with the Customer or, if desired and technically possible, ported to another provider. The Client must submit a porting request in a timely manner.
4. If Customer purchases other active services from PriServices upon termination, the terms and conditions for those other services will remain in force.

4. Use of the telecommunications service

1. The Client is responsible for the lawful and correct use of the telephone numbers and/or VoIP accounts provided by PriTelecom.
2. Unlawful or fraudulent use, such as spam calls, phishing or infringement of third party rights, is prohibited. PriTelecom can (temporarily) suspend or terminate the service in the event of (suspected) abuse.
3. Any (consumption) limits or Fair Use Policies are stated in the quotation, agreement or tariff information. If exceeded, PriTelecom may charge extra costs or limit usage.

5. Emergency calls (112)

5.1 Possibility of emergency calls

1. PriTelecom ensures via the Wholesale Provider that the telephone numbers provided can in principle be used to call 112 from the Netherlands.
2. However, the Client acknowledges that a correct connection to 112 requires, among other things, a stable internet connection, working (VoIP) equipment and correct address details.

5.2 Location Information

1. In VoIP-based telephony, the transmission of location information may be less accurate, especially if the Customer is not calling from the official registration address.
2. The Customer is obliged to report changes of address immediately, so that PriTelecom (via the Wholesale Provider) can pass on the correct information to emergency services.

5.3 Liability

1. PriTelecom cannot be held liable for (partial) inaccessibility or incorrect routing of an emergency call if the cause is beyond PriTelecom's control (such as power failure, internet failures, problems at the Wholesale Provider).
2. The Customer indemnifies PriTelecom against damage resulting from the failure to make or not correctly handle emergency calls when this is not demonstrably attributable to PriTelecom.

6. Numbers and number porting

6.1 Assignment and Ownership

1. The telephone number assigned to the Customer remains the property of the issuing agency or Wholesale Provider. The Client only has the right of use during the Agreement.

6.2 Porting

1. At the end of the Agreement, the Customer may have the number ported to another provider, provided that this supports porting and the Customer follows the required steps. Any costs for this may be charged to the Client.
2. PriTelecom makes every effort to process porting requests in a timely manner, but is partly dependent on the Wholesale Provider and the cooperation of the new provider.

7. Quality, maintenance and malfunctions

7.1 Obligation to perform

1. PriTelecom strives for an uninterrupted and high-quality service, but cannot give an absolute uptime guarantee. Availability depends on the Wholesale Provider and the (internet) infrastructure of the Customer.

7.2 Maintenance and Updates

1. PriTelecom or the Wholesale Provider can perform periodic maintenance. The Client will be informed of this in advance, as far as reasonably possible.

7.3 Outages and SLA

1. In the event of malfunctions or service interruptions that are beyond the control of PriTelecom, PriTelecom is not liable for any damage or loss, in accordance with the PriServices – General Terms and Conditions.
2. If a separate Service Level Agreement (SLA) has been agreed, it may contain additional agreements about response times, compensations and escalations.

8. Rates and payments

1. The rates for subscriptions, call charges and other services are published on the PriTelecom website or in a quote. Changes are made in accordance with the PriServices – General Terms and Conditions.
2. Customer shall pay the subscription fees and/or call charges through PriServices' Depot system or on an invoice basis (if permitted). The payment provisions of the PriServices – General Terms and Conditions apply in full.
3. If the Customer uses bundles or a Fair Use Policy, PriTelecom may charge out-of-bundle costs when the agreed limit is exceeded. The Customer will be informed of this (as far as technically possible) in advance or at the time of the exceedance.

9. Specific liability provisions

9.1 Supplementary to PriServices – General Terms and Conditions

1. In addition to the limitations of liability from the PriServices – General Terms and Conditions, PriTelecom cannot be held liable for indirect damage resulting from:

• Impenetrable or disrupted internet connection at the Customer;
• Failure or malfunction by the Wholesale Provider or other network providers;
• Limitations or malfunctions in (emergency) calls, as a result of circumstances that are not directly attributable to PriTelecom.

9.2 Indemnification

1. Customer indemnifies PriTelecom against claims by third parties arising from Customer's unlawful use of the telecommunications service (e.g. spam, deception, copyright infringement).

10. Miscellaneous

10.1 Changes to the Service

1. PriTelecom may change or (partially) terminate the telecommunications service for technical or economic reasons. The Client shall be informed of this at least one calendar month in advance, unless urgent reasons require a shorter notice.
2. If a change results in a substantial disadvantage for Customer, Customer may terminate in accordance with the procedure in the PriServices – General Terms and Conditions.

10.2 Choice of Law and Forum

1. These PriTelecom Terms and Conditions are governed by Dutch law. Disputes are submitted to the competent court in The Hague, as stipulated in the PriServices – General Terms and Conditions.

10.3 Modification and version

1. For the possibility of changing these Service-Specific Terms, please refer to Section 5.2 of the PriServices – Terms and Conditions, which provides that changes may be made, with 30 days' notice prior to their taking effect.
2. These Service-Specific Terms were last modified on the date set forth below and published on PriTelecom's website.
3. The most recently published version, as in force at the time of entering into the Agreement, shall always apply.
4. In the event of any contradictions or differences between the Dutch version of these terms and conditions and the translations into other languages, the Dutch version shall prevail.