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Important :

Nomado Terms and conditions of sale

The consumer may cancel the agreement within 7 days as from subscription. In case of such cancellation, he will pay all Services used until date of cancellation, and, as the case may be, return all goods in original packaging.

1. DEFINITIONS The terms and expressions used in these general terms and conditions will have the following meaning: • Acceptable Use Policy or AUP: the acceptable use policy as published on Nomado’s web site . • Customer : the person or legal entity with whom the Agreement is entered into. • Agreement : the agreement between Customer and Nomado which consists of the following documents, if applicable: (a) the Service order, confirmation and appendices, (b) particular Service conditions, (c) these general conditions and (d) the AUP, documents which can be consulted on the web site . Each document will form an integral part of the Agreement and is incorporated therein. • ATP : Act of 14 July 1991 on trade practices and information and protection of the consumer. • Nomado: Bvba-Sprl, with registered office at Rue Darwin 9, 1190 Brussels, enterprise number 08897222107 • Service : the services provided by Nomado to Customer under the Agreement.

2. OBJECT
2.1This document determines the general conditions relating to the supply of services and sale of products by Nomado to Customer. By ordering the Service or purchasing a product, Customer waives explicitly to apply its general conditions of purchase. 2.2In the event of inconsistency between the documents the following order of priority shall apply: 1. the Service order, confirmation and any applicable appendices, 2. particular Service conditions, 3. these general conditions, 4. the AUP, except to the extent agreed upon in writing between the parties. 2.3Any modifications or additions to the Agreement shall apply only after explicit agreement in writing by nomado. 2.4Nomado reserves the right to modify these general conditions at any time. Such modifications may also apply to Agreements already effective. Modifications will be effective 30 days after notification or at any other time determined in the notification. To the extent that a modification is not acceptable for Customer, it may terminate the Agreement without penalty at the latest the last day of the month which follows the entry into force of the modifications.

3. SERVICES
3.1Nomado will endeavour to provide the Service in accordance with the standards of the industry. 3.2The delivery terms of a Service or product are only a best estimate. Customer is not authorized to claim damages or terminate the Agreement in case the delivery term will not be met. 3.3Nomado reserves the right to modify the configuration of the network, the service equipment or passwords, provided that the quality of the Service will not significantly be deteriorated. Nomado will endeavour to notify Customer in time of such a modification. Nomado may, to the extent necessary, suspend the Service for operational reasons or in the event of emergency maintenance. 3.4Nomado will endeavour to take care of solid safety of the Service. Nomado cannot, however, be held responsible for damage sustained by Customer and/or a user or third parties resulting of insufficient protection. In case Customer and/or a user notes or suspects that a third party accessed the Service illicitly, for example by using the password of Customer and/or the user, Customer will notify Nomado within 5 working days. Nomado rejects any kind of responsibility for damage resulting from such an illicit access to the Service. It is the customer's sole responsibilty to protect his/her account from any unauthorized usage.  The customer  will be responsible of the damage and if credit has been used on his balance (and brought negative) he will be responsible and will have to refund Nomado. 3.5Nomado places at the disposal of Customer a technical helpdesk accessible through number 02/8887000 for restoring disturbances and difficulties. 3.6When Customer makes a call, Customer’s calling line number will appear on the screen of the called party’s device provided that Customer has not opposed transmitting such data. and that the device of the called party supports calling line identification presentation. If the called party is connected to another national operator, the phone number of the calling party will be passed on if a reciprocal agreement exists with such operator. Customer may oppose to the display transmission of the calling line identification by default (private number). In such case however, Nomado will continue to transmit the calling line identification of Customer to the emergency services, even if the latter has opted for a private number. Customer can override the aforementioned default settings on a call by call basis if his telephone device supports such functionality. In the case of call forwarding, only the number of the initial connection through which the call is routed will be displayed to the called party. Customer can refuse anonymous calls through the paid option anonymous call rejection. 3.7Customer may request to port his number allocated by another operator towards the Nomado network or from Nomado towards a third operator except for nomadic numbers. To this end, Customer will address to the operator which will import the number. The importing operator will take the actions necessary to transfer the number. During the time of transfer Customer may not be reached. 3.8A VoIP Service by which a geographical number (non nomadic) will be assigned allows Customer to reach the emergency services except in the event of disturbance of the electrical supply network. Customer recognizes that this VoIP Service will not be used in a nomadic way in order to prevent inter alia that the location of the caller will not be known for the emergency services. Customer will not relocate or activate the equipment at a location other than that mentioned in the Service order. Customer will be held liable for the costs associated with a useless intervention of the emergency services. 3.9Customer expressly acknowledges that a nomadic VoIP Service will not allow Customer to reach the emergency services. Nomado cannot be held liable for any personal injury, damage and expenses relating to the fact that the emergency services cannot be reached (in time). 3.10 Nomado reserves the right to modify the number assigned to Customer in the event of modification of the numbering plan or a decision of the regulator. In this case, Nomado will endeavour to minimize the impact for Customer in so far as possible. 3.11 Customer is entitled to a free listing of its data in the white pages, as laid down by law. 3.12 Nomado shall in accordance with the relevant legislation transmit Customer data, as well as any updates, to the publishers of telephone directories and providers of directory assistance services, except in the case of a private number, or if Customer has reported that he does not want to be listed in any of those directories. 3.13 Customer is responsible for the accuracy of the information communicated to nomado. Any change to the data will be transmitted as quickly as possible to the databases of the white pages and the directory assistance services. 3.14 The directory assistance service provider that concluded an agreement with Nomado will provide to anyone upon request by telephone or through the Internet, a non-private number, and, as the case may be, other data introduced in the database or destined for such purpose. 3.15 Customer that receives malicious calls may ask Nomado for the identification of the number from which he was called. If the identification is technically possible, Nomado will ask the holder of the number to refrain from making such calls. If Customer continues to receive malicious calls, he can call upon the Mediation Service of Telecommunications (Ombudsman). At the latter’s request, Nomado will communicate the identity and address of the holder of the number from which the malicious calls are made, in order to transmit to Customer.

4. RATES AND PAYMENT CONDITIONS
4.1The charges include, as the case may be, monthly subscription, set up costs and per minute charges. The rates as specified on the web site, in a tariff plan or other contractual documents, shall exclude VAT, except advised to the contrary. The rates on line will prevail to those in printed version. 4.2The Service is prepaid. Customer will recharge in due time his call credit. The call credit allows Customer to use a certain number of Services corresponding to the amount of the credit. Customer will be able to call out as long as the call credit will not have been exhausted or expired in accordance with article 8.4. To the extent that Nomado has not withdrawn the number granted to Customer pursuant to article 8.4, Customer will continue to receive calls. Customer will not be entitled to claim to refund the call credit purchased. 4.3The invoice will be communicated to Customer by e-mail and can be consulted on the web site. The invoices contain an outline of the purchased call credit. Customer can obtain free of charge on the web site (by means of a user name and password) a detailed break down of all outbound and incoming calls. 4.4The invoices are payable within 15 days from date of invoicing (with the exception of prepaid Services which are payable and due immediately). 4.5Notwithstanding the application of article 32, 14° ATP, Customer will not be authorized to compensate any payments. 4.6In the event the invoice is not settled by the due date, Nomado shall send a reminder. In that case, it will charge late payment costs as set forth hereafter. Moreover, Nomado may refuse to repair or reactivate a Product or Service, without prejudice to its right to claim full payment of all outstanding amounts. 4.7Any unpaid invoice will automatically and without any prior notification, be increased with late payment interests at a rate of 8% per year, as well as with a fixed compensation of 15% on the amount due, with a minimum of 100€ and a maximum of 500€, and without prejudice to Nomado’s right to claim any collection costs incurred. 4.8In the absence of dispute addressed by registered letter to Nomado by the due date, the invoice is deemed to be irrevocably and unconditionally accepted. 4.9Customer shall inform Nomado immediately of any change of its data (such as address or bank). 4.10 Insofar as the Agreement comprises of the supply of products of which the property will be transferred to Customer, Nomado reserves the right of ownership until all payments due will have been settled. 4.11 The payments transferred by Customer will in first instance be assigned to interests and costs due and secondly to outstanding invoices, even though Customer informs that a payment is related to a different invoice. 4.12 Nomado reserves the right to change and index the rates for Services or products. Rate changes may also apply to Agreements already effective and will be communicated at the latest 1 month before their entry into force. In the event of a rate increase, Customer will have the right to terminate the Agreement without penalty at the latest the last day of the month which follows the reception of the first invoice after the entry into force of the rate increase, except in the event of indexation.

5. FINANCIAL GUARANTEE Nomado reserves the right to request a financial guarantee from Customer which may not exceed 20% of the value of the Agreement upon a payment delay or incident, or if the value of the Agreement justifies such guarantee or when the information provided by Customer is not complete or requires to be verified. For the purpose of this clause, "value of the Agreement" means the total sum due by Customer to Nomado under the Agreement or which would be due in a period of 12 consecutive months.

6. OBLIGATIONS OF CUSTOMER AND/OR THE USER
6.1Customer shall use the Service as a bonus pater familias, in accordance with the laws and regulation in force, the conditions of the Agreement and the AUP. Customer shall not use the Service for illicit purposes. 6.2Customer represents that it has obtained and shall maintain all necessary licenses and/or authorizations to use the Service and any equipment. 6.3Customer will ensure to keep good custody of the equipment. Customer authorizes Nomado to remotely monitor and control the service equipment. The service equipment will not be removed or reconfigured without the intervention from nomado. Customer will be liable for any damage to the service equipment or the network resulting from a defect or failure of any equipment installed by Customer or his customers. 6.4The use of the Service may contain a risk of viruses or unauthorized access by third parties to the information system of Customer. Customer shall take all actions necessary to prevent third parties do access the Service and to protect its data and software. 6.5Nomado reserves the right, of its own initiative or at the request of any competent authority, to disclose, Nomado t&c EN 2.0 13-10-2008.doc 2 Nomado terms and conditions of sale remove, modify or relocate any content which is inconsistent with the provisions of this Agreement or would be objectionable in any other way. 6.6Customer and/or the user is/are not authorized to operate processes or take such actions of which it can reasonably suppose that they can harmfully affect Nomado and/or the use of the Service by other customers. 6.7Each violation of this article 6 constitutes a material breach of contract. 6.8Customer indemnifies Nomado for any claims, costs and damages incurred as a result of any violation of the obligations described in this article 6, and/or of legal proceedings brought by a third party against Nomado with regard to the failure by Customer to meet the obligations described in this article 6.

7. HARDWARE AND SOFTWARE
7.1The goods, whether or not forwarded franco, will be carried under the risks of Customer. 7.2The guarantee with regard to the hardware and/or software sold and/or installed by Nomado, comprises the guarantee provided by the manufacturer/licensor, without prejudice to the legal provisions, in accordance with the restrictions provided by the latter and starting from the date of purchase or use of the license. 7.3Customer will only obtain a personal, non-transferable and non-exclusive license to use the software and the user documentation provided by nomado. Nomado and its licensors will retain at any time any and all intellectual and industrial property rights, including copyrights, relating to the software and the user documentation. By the mere fact of using the software and the user documentation, Customer agrees to the license conditions. Customer shall refrain from copying the software and user documentation save for back-up reasons, modifying the software and user documentation as well as distribute the software and user documentation, wholly or partially, to any third parties. Customer and/or the user will abstain from removing or modifying any labels establishing the property or the source.

8. TERM AND TERMINATION
8.1 The Agreement will be effective as from the date of acceptance of the order by Nomado, which can be established by a document or by execution of the Agreement by nomado. The Agreement will be concluded for a minimum term of 12 months, except as otherwise agreed upon in Service specific conditions or the Service order. 8.2 If Customer wishes to terminate the Agreement prior to the expiry of the minimum term, an early termination fee will be due corresponding to 50% of the total monthly charges for the unexpired portion of the minimum term. Upon or after the minimum term, each part will have right to terminate the Agreement at any time upon 1 month’s prior notice in writing. 8.3 Termination or cancellations must always be in writing (fax or registered letter). 8.4 In the event of a prepaid call credit, Customer agrees that  the number allocated to Customer will be withdrawn definitively if the call credit will be zero (0) during more than 1 months and that the call credit shall remain valid for a period of 12 months following the last purchase (first purchase or recharging). The call credit might expire at the end of this period. 8.5 There is a 30 day money back guarantee for annuel or bi-annual subscription. No refund will be charged back after the 30 days.

 

9. LIABILITY
9.1 The supply for the Service constitutes an obligation of means. Nomado is responsible for the supply for the Service up to the Customer’s network termination point. 9.2 Any warranty with regard to the functioning of the Service is excluded. Any Service unavailability or Service degradation will not entail Nomado’s liability, except in the event of wilful misconduct or gross negligence. 9.3 Nomado, and any of its employees, agents, subcontractors and suppliers, cannot be held responsible for any of the following events (without being exhaustive): • the non-conformity of the Service to the objectives laid down by Customer; • the contents of information transmitted or made available by Customer via the Service to third parties and vice versa; • any abuse or fraudulent use of the Service by Customer or a third party; • Modification or terminaison of nomadic virtual numbers (DID); • service interruptions or downtime resulting of a network breakdown or the maintenance of the telecommunications equipment required for the performance of the Service, such as the telephone connection, the hardware (data-processing) and associated software; • the choice, the use and aims determined by Customer with regard to the Service; • the lead time between the date of Service order and its delivery or effective connection, a late connection or the rejection of a Service order; • costs, expenses, or damage caused by any failure by Customer to comply with its obligations under this Agreement; • a violation by Customer of the provisions of the legal and regulatory framework; • any loss of or damage to information, computer files or data, resulting of the use by Customer of the Service, of the network and/or the Service equipment; • access time to the Internet, latency in data transmission or quality, and possible access restrictions to networks and servers connected to the Internet. 9.4 Nomado cannot be held responsible for any indirect or consequential damage, irrespective the basis of the claim, such as but not limited to surplus personnel or lay-off, any accrual, commercial damage, loss of data, income, earnings, chances, customers and/or orders, decrease of expected revenue, increase in expenditure or insufficient reduction of cost savings, whether or not foreseeable. 9.5 Customer will indemnify Nomado against all costs, expenses, claims and damages resulting of actions initiated by third parties with regard to acts, faults or omissions of Customer. 9.6 In any event for which Nomado is responsible to Customer under the Agreement, the total responsibility for Nomado will be limited to lowest amount of either (i) the total amount of payments made by Customer under the Agreement during a period of 6 months preceding the event giving rise to the claim, or (ii) 500€. 9.7 Any complaints or disputes relating to the Services provided by Nomado must be sent by registered letter to Nomado: • in the event of delivery of products within 10 working days after delivery; • in the event of the supply of a Service within 10 working days after activation or the event causing the damage. The products and Services are deemed to be irrevocably and unconditionally accepted in the absence of any dispute within such timeframe.

10. SUSPENSION AND TERMINATION OF THE AGREEMENT
10.1Nomado reserves the right to suspend the performance of the Service or the delivery of a product in the event of breach by Customer of any contractual obligation upon a notice in writing and failure to remedy such breach within 5 working days from date of notice of default. Nomado reserves the right to claim the costs for re-activating the Service. 10.2 Nomado shall have the right to immediately terminate the Agreement without notice of default (and thus to stop the delivery of the Service definitely), and without any prejudice to the obligation of Customer to pay for the amounts due and to Nomado’s right to other remedies in any of the following events: • if Customer continues to be in breach of article 10.1; • failure to provide the guarantee in accordance with article 5 by the date fixed by Nomado; • if Customer is in bankruptcy, insolvency or has suspended payments, or is unable to obtain credit, or in the event of liquidation or dissolution of Customer; • if Customer request grace period to one or more of its creditors; • entire or partial seizure of Customer’s assets at the request of a creditor or in case of other measurements of execution or conservation on the assets of Customer; • evidence or strong presumptions of fraud by Customer or if Customer provided false information; • abnormal rises of the usage charges of Customer; • order or decision of a court or public authority.

11. FORCE MAJEURE
11.1 Neither party can be held responsible for any damage incurred by the other if the failure of that party to meet its obligations results from an event of force majeure, except for the obligation to pay the amounts due under the Agreement. 11.2Will be considered as events of force majeure, unforeseen circumstances which are likely to prevent the execution of the Agreement or which makes the compliance of the obligation disproportionally expensive so that one cannot reasonably require the other party to live up to the obligation. In particular the following events will be regarded as events of force majeure (without being exhaustive): strikes, blocking of a company, epidemics, breach of contract or shortages by suppliers of 3StarsNet, natural disasters or legal or administrative restrictions.

12. ASSIGNMENT – SUBCONTRACTING
12.1Customer can, neither entirely nor partially, transfer any of its rights and obligations under the Agreement to third parties, unless after prior authorization in writing by nomado. 12.2Nomado will have the right to transfer, entirely or partially, its rights and obligations under the Agreement to third parties without the authorization of Customer. 12.3Nomado reserves the right to subcontract, partially or entirely, the execution of the Agreement without being discharged from its contractual obligations with regard to Customer.

13. DATA PROTECTION AND PRIVACY
13.1 Personal data transmitted by Customer will be stored in Nomado’s databases. Nomado will collect and process Customer’s personal data for the following purposes: supply and invoicing of telecommunication services, supply and invoicing of interconnection services to other operators, disputes management, customer relationship management, market research, enquiry services and white pages and directories of URL links, fraud enquiries and protecting the interests of Nomado, quality control assurance, communication of commercial information to and conducting campaigns for Customer with regard to products and services of Nomado and its affiliated companies. The data will be transferred to third parties only for the purposes specified above. Customer can oppose to the processing of its personal data for direct marketing purposes by contacting the customer service. Data related to private numbers will not be commercialised. 13.2The data will be stored by Nomado during the data retention periods as provided for in the regulatory framework. 13.3 Customer will have a right of access and of correction of his personal data.

14. MEDIATION SERVICE FOR TELECOMMUNICATIONS
14.1 In the event of complaint, Customer will address to Nomado’s customer service. If Customer is not satisfied with the treatment reserved to its complaint, it will be able to address to the Mediation Service for Telecommunications, Place Barricades 1, 1000 Brussels, Tel.: 02 223 09 09 , fax: 02 219 86 59, e-mail: plaintes@mediateurtelecom.be, web site: www.ombudsmantelecom.be. The complaints subjected to the Service of mediation are admissible only if Customer can show that it first took action with nomado. 14.2 The Mediation Service may refuse to address a complaint relating to events which occurred more than a year before the filing of the complaint. 14.3The investigation of a complaint shall be terminated when it is submitted to the court.

15. ADMISSIBILITY – APPLICABLE LAW – JURISDICTION
15.1Any legal proceedings concerning the execution or interpretation of the Agreement must be initiated by Customer, upon penalty of inadmissibility, within 6 months as from the occurrence of the cause of action. 15.2The Agreement will be governed by Belgian law. The courts of Brussels will have jurisdiction to settle any dispute under this Agreement. 15.3Customer acknowledges that an e-mail communicated by Nomado has the force of documentary evidence.

16. MISCELLANEOUS
16.1If any provision of this Agreement, including any limitation, is held by a court or any governmental agency or authority to be invalid, void or unenforceable, the remainder of this Agreement shall nevertheless remain legal, valid, and enforceable. 16.2Failure or delay by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right. 16.3Nothing in this Agreement and no action taken by the parties pursuant to this Agreement shall constitute or be deemed to constitute between the parties a partnership, agency, association, joint venture or other co-operative entity. 16.4The Agreement contains the entire agreement between the parties and replaces all former proposals, declarations and promises with regard to the subject matter of the Agreement.

 

 

Nomado Acceptable Use Policy

 

The Acceptable Use Policy (AUP) aims at ensuring a responsible use of the Service, the web site and network operated by nomado. nomado reserves the right to change AUP upon notice by e-mail.

1. BASIC PRINCIPLE

1.1 Customer shall use the Service, the web site and the network for lawful purposes only. The use of the nomado Services, website and network in violation of any Belgian or international law or regulation is prohibited. This includes, but is not limited to, transmission of copyright material without consent of the copyright owner, material considered to be violation the principles of public order or good morals, and material protected by trade secret. 1.2 nomado reserves the right to remove any material or data and to block the use of the network for one or more users when their use or purpose does not meet the AUP. 1.3 Customer shall indemnify and hold nomado harmless from any claim brought by third parties resulting of the illegal or harmful use of the Service, the web site or the network by Customer. Customer shall give nomado notice of any claim he is involved with or aware of. 1.4 nomado will not communicate its customers e- mail addresses or other personal identification to any third party without prior written approval, with the exception of enquiries by Law Enforcement Authorities for which nomado is invited to fully co-operate and the events provided for in the general terms and conditions.

2. THE NETWORK
2.1 Customer acknowledges that nomado is unable to exercise control over and is not liable for the content of the information passing over the nomado network. 2.2 To the extent that Customer uses the nomado network to link into other worldwide networks, Customer shall abide to the acceptable use policies of these networks. 2.3 In addition Customer undertakes to conform to the Internet protocols and standards. 2.4 Customer may not circumvent user authentication or security of any host, network, or account ("hacking"), nor interfere with the Service to any user, host, or network ("denial of service attacks"). 2.5 Any application that overloads the network by whatever means will be considered as making profligate use of the network and is as such not allowed. Use of IP multicast other than by means provided and coordinated by nomado is likewise prohibited. 2.6 nomado will fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement authorities.

3. ELECTRONIC COMMUNICATION
3.1 Customer shall refrain from: • sending e-mail to any person who does not wish to receive it; • sending unsolicited bulk mail messages ("junk mail" or "spam") of any kind (e.g. commercial advertising, political tracts, announcements); • posting messages to large numbers of newsgroups (“cross-posting” or also known as "usenet spam"); • forwarding or propagating chain letters, nor malicious e-mail; • soliciting mail for any other address other than that of the customer, except with full consent of the owner of the referred address. 3.2 These rules apply to: • any Internet based distribution medium and any application using the Internet as well (e.g. usenet news, fax-like documents over the Internet); • even if Customer uses another site's server to relay his communications.

4. COMPLAINTS HANDLING
4.1Complaints about illegal or inappropriate use, whatever be the nature thereof, in connection with nomado’s network may be submitted in writing to nomado registered office, or by e-mail to info@nomado.eu . 4.2The online reporting service to which Customer as an Internet user can report crimes committed on or through the Internet is eCops on www.ecops.be. eCops is an initiative of the Federal Computer Crime Unit of the Federal Judicial Police (FCCU), the Federal Public Service Economy, SMEs, Self-employed and Energy. It will make sure that a report is being investigated by the appropriate service.