Terms and ConditionsBack
© Alphacomm Solutions B.V. 2020
These terms include the terms and conditions for the Alphacomm Solutions BV as regards the delivery of products and the provision of service offerings on the Internet.
The following definitions are applicable to the contract and its terms and conditions.
Alphacomm Solutions B.V.
Address: Scheepmakerspassage 183, 3011 VH Rotterdam, The Netherlands.
COC-Number (Chamber of Commerce) 24243279
ACS is a 100% daughter of the Alphacomm BV.
|Customer||Those, who enter into a contract with ACS for the delivery of Products and / or the preparation of a service offer.|
|Private user||A customer of either ACS products or services who doesn’t use them in their business or in pursuit of their profession.|
|Subscription||A connection where the different fees will be charged to the customer by an invoice.|
|Contract||A contract agreed between the customer and ACS whereby ACS delivers a product or makes a service available.|
|Service/Product||The products offered for purchased by ACS, such as Prepaid Codes und Generation Modules.|
|Working days||Monday thru Friday – with the exception of the public holidays|
Article 1 Scope
- These terms and conditions define the basis upon which the relationship between ACS and the customer including all written offers, quotations and contracts are made.
- Effective legal exceptions to these general terms and conditions must be in writing. Deviations are only valid for the contract clauses relating to these exceptions.
- Once the Terms and Conditions are effective, they shall be applied for all new contracts without any further notice, subject to any expressed declaration of invalidity between the parties and for all, non-contractual relationships between the parties. If these terms and conditions are redrafted and these changes do not change the sense and content of the contract, then the newly revised terms and conditions may replace the original terms and conditions.
- Existing terms and conditions or purchasing conditions that may be in the possession of the customer are invalid.
- In the eve¬nt of invalidity or removal of any part of the General Conditions, the other provisions of the General Conditions shall continue to be effective and the parties shall undertake to agree a replacement clause that as far as possible describes the parties original intention to the greatest degree.
- With regard to the ACS obligations and the liability of ACS, the formulated provisions of these Terms and Conditions are also applicable to third parties by or on behalf of ACS in the business relationship with the customers.
These third parties can rely directly on these terms, for the purpose of limiting their liability to the customer. The application of articles 7:404 and 7:407 paragraph 2 Civil Code (Wetboek Burgerlijk - BW) is expressly excluded. In connection with damages claimed the liability limitations shall apply to the entire liability of ACS and its third party partners and not in a cumulative sense for each individual case.
Article 2 Naming of the database and data privacy protection
Protection of your privacy is of utmost importance for us.
- The details of the registered User are entered into an ACS database managed by ACS. This database has been registered with the supervising authority College Bescherming Persoonsgegevens under the registration number 1260434. ACS and ACS are not responsible for the content-wise design (arrangement) of the data protection strategy of a third party, whose website is linked with the website of ACS or ACS. ACS has the right to use anonymous and demographic information for the Users in the interests of improving the quality of the service offer as well as Marketing purpose and to make them available to a third party.
- ACS abides by the Regulations of the Dutch and German Law pertaining to Data Protection. ACS makes the User data available to a third party in case of an existing legal obligation.
Do you have any queries as regards to the processing and usage of your private data? Every User has the right of access to personal data saved through him free of cost upon request. You also additionally, in accordance with the legal provisions, have the right of correcting, blocking and deleting this personal data.
In case of queries, please contact us at the following e-mail address: firstname.lastname@example.org.
Written requests should be addressed to:
Alphacomm Solutions B.V.
3011 VH Rotterdam
There are two types of Cookies. Remaining Cookies stay for certain period of time on the computer of the User, for instance six or twelve months. ACS uses residual Cookies for editing information for the website’s use, as described earlier. These Cookies in no way contain personal details and hence cannot be used for identifying the User. Session specific Cookies are deleted at the moment the User logs out from the website. ACS uses these Session Cookies for the following purposes: Saving any information generated while using the interactive tools on the Website, saving User data, when the User logs in on the Website, editing the information acquired in connection with the usage of the website, as mentioned earlier. Information - Cookies for the usage of the Website do not contain any kind of personal data and cannot be used for identifying the User.
Third players like advertisers who place banners and hyperlinks on the ACS - Websites, like for instance on www.opwaarderen.nl, www.herladen.be and www.aufladen.de, can always revert to the Cookies. These Cookies record the advertisements the User has set his eyes on. These Cookies are not placed by ACS itself, but by the companies in charge of the advertisements. ACS is neither responsible for the contents of the website of a third party nor for the usage of these Cookies by this third party.
The User can independently decide with the help of the corresponding Browser set up, if he wants to permit all Cookies, reject all Cookies or let the Browser show each time a Cookie is offered. Further information can be sought with the manufacturer of the Browser used. Additional information to the Internet Explorer of Microsoft for Cookies may be found at www.microsoft.com – while any further information on Mozilla Firefox for Cookies can be found on www.mozilla.org. If the Cookies are deactivated, then it is possible that certain functions are no longer available or the User can no longer have access to the service offers.
Article 3 Signing (Formation) of a Contract
- All the offers released by ACS including the offers released via the website are non – binding, as long as the term of acceptance is not mentioned in the contract.
- A contract only then comes into existence when ACS has accepted the contract in writing or through E - Mail or if ACS begins with the fulfillment of the contract.
- Also, a contract comes into existence if the User utilizes the Online – Upgrade – application by ACS.
- The administration of ACS is valid subject to counter evidence furnished as a proof of orders issued by the User.
- ACS does not deliver any products to natural persons or a legal person, who, for instance for a third party, in ACS’s opinion, were primarily active as an intermediary while selling or buying telephone apparatuses or appear in any other way as a mediator in the telecommunications market. ACS reserves the right to reject such clients without citing any reasons.
Article 4 Delivery
- The (terms of) guarantee by the manufacturer of these products form the basis of products sold and delivered by ACS to the clients.
- The risk arising in connection with the loss or damage of the products subject of the contract devolves to the client with the delivery and indeed at the moment when these products have passed into the actual power of disposal of the client or into one of the auxiliary persons employed by the client or, however, at the moment when ACS has made it clear to the client, the products at disposal have been retained by the client.
- The deadline specified by ACS does not in any way mean a preclusive time limit. The deadline commences at the moment when ACS has at its disposal all the necessary details and data.
- In case of late delivery (not adhering to the deadline) the client has to place ACS in default in written form and he has to set an appropriate deadline for ACS, so that ACS can meet the incumbent obligations.
Article 5 Supply of the service
- Unless otherwise provided, the regulations drafted (framed) in connection with the delivery are also valid for the supply of services, unless the type of services contradicts the usage. ACS stands up for careful supply of services. Services supplied by ACS are valid exclusively of the ACS client and not to any third party related to the client. ACS does not take any guarantee to achieve the result the client aspires.
- The client is obligated to provide all the details and information demanded by ACS. The client is, in addition, required to show all other important facts and data that may possibly be important to ACS in the interests of correct implementation of the contract. The client guarantees the accuracy and the completeness of all the data and information provided to ACS.
- If the client ascertains or can ascertain reasonably that ACS, while supplying the service, is acting contrary to the duty, then he has to bring this to the notice of ACS in writing at once without any further delay, latest however within 30 (thirty) days and stating the reasons. In the following cases, the client grants an appropriate term, to remove the fault – if possible. The costs associated are to be borne by the client as long as ACS is not subject to the liability stipulated in the regulation to the keyword “Liability”.
Article 6 Obligations of ACS
- ACS agitates to the provide service offer of highest degree possible. ACS allows the User the possibility of using the service offer.
- ACS does not explicitly undertake any guarantee for continuous usage of the service offer or for the (proper and timely) receipt of an SMS message and/or E – Mail - notification.
- ACS has the right to undertake any changes or improvements without prior notice from the User.
- ACS reserves the right to (temporarily) deactivate the service offer without any prior notification and/or restricting its usage, as long as this is necessary in the interests of the maintenance and/or the execution of changes or modifications/ improvements to the service offer.
- ACS is not liable for any damages incurred by the User in accordance with the stipulations (provisions) of this article.
Article 7 Conditions for the User
- The User has to himself ensure that he possesses the necessary working hardware and the software for using the service offer.
- The User behaves responsibly and as a careful Internet - User in every respect and is liable to adhering to the valid legal provisions while using the service offer.
- The User is not allowed to use the software in a way that would impede the availability of the service offer to another User or possibly use the software that would affect adversely or to exercise other activities.
Article 8 Copyright and intellectual property rights
- All the copyrights and intellectual property rights associated with the products that include all software, instruments, data, analysis, documentation and reports that are provided will lie finally with ACS. This also includes the APSCG’s license providers represented by ACS for the Client. Within the scope of the product software, the client has a personal and non-transferable right of usage. This right is limited to Germany. The client will abstain from duplication or creation of copies of the software.
- The client knows that the product could contain confidential information consisting of business secrets of ACS and also from its license providers. The client shall ensure that the product secrecy is maintained; the secrets are not revealed to third-parties and/or given to them to be used, and to use them only for the purpose they were given to him. Third-party also includes all people working within the client’s organization who do not need to necessarily use the product.
- The client is forbidden from removing and/or changing the author rights, marks, trade names, and other intellectual property rights and this also includes references to the confidential characters and maintaining the secrecy of the product.
- In interest of protecting the product and especially the software, APCSG has the right to take technical measures. In case APCSG ensures product security by using technical protective methods, the client is forbidden from removing these security methods and/or bypassing them.
- Excepting the case when ACS provides the client with a backup copy of the software, the client has the right to hold one backup copy of the software. Backup copy in this case refers to a physical medium where the software is saved that serves as a replacement for the original software if the original software is unintentionally lost or damaged. The backup copy must have identical and same labels and references as those on the original software.
- ACS shall protect the client based on measures that are decided based on clauses decided in these business conditions against all demands based on the assumption that the product shows damage according to copyrights and intellectual property rights in The Netherlands. This is based on the assumption that the client informs ACS in writing about the existence and details of demands and allows ACS to handle these demands for possible comparative conclusion without reservations.
The client will provide the ACS with rights, information and support so that ACS can defend itself in case of demands for rights in the name of the client if required. These guarantees incumbent upon ACS will expire when the client makes changes or allows a third party to make changes caused by corresponding damages.
- If it can be irrevocably ascertained using legal means that the product is damaged and the cause of damage is copyright and intellectual property rights by a third party or should it be ascertained by ACS that the damage is for similar reasons then the ACS shall take back the delivery item (as far as possible) against credit for the acquisition costs and discount for appropriate allowance or shall ensure that the client can further use the same delivery item or other functionally similar products undisturbed. All other or further reaching liability by ACSH or the guarantee incumbent upon third party for legal protection of copyright and intellectual property rights because of the damage is excluded. This includes among others causes incumbent upon ACS and causes in a form or version not modified by ACS and together with it the goods that are no provided or sent by ACS and/ or liability and guarantees that arise for using the product for other or opposite development and usage objectives.
Article 9 Force majeure
- All circumstances, not influenceable by ACS and impairing the supply of things or are prohibitive as among other things - however not exclusive - strikes at ACS and/or the suppliers, disorders in the Internet, disorders at the electricity supply, disorders of email-traffic and disorders or changes at the technology supplied by the third party, are valid as Force majeure apart from the circumstances decisive by operation of law and the jurisdiction.
Article 10 Price
- Subject to differently reading statement all prices are understood including VAT as well as other statutory taxes.
Article 11 Payment
- The payment takes place before supply by means of the payment procedures made available by ACS.
Article 12 Reservation of the title
- The property in all products sold and supplied by ACS to the customers remains so far at ACS, until the customer pays the bills receivable claimed by ACS by virtue of the contract or equivalent contracts constituted earlier or later, till the customer has paid the works already performed or to be performed by virtue of this contract or equivalent contracts and so long, like the existing bills receivable from ACS in connection with the breach of duty at the time of fulfillment of such obligations, like amongst other the bills receivable in connection with penalties, interests and costs in the sense of article 3:02 Civil law book (Burgerlijk Wetboek - BW) are not yet settled.
- The customer does not have the right to pledge or to mortgage in any way the products subject to the reservation of title. All product supplies carried out by ACS against the customer takes place under reservation of title.
Article 13 Complaints
- The client is required to inspect and check the product completely after delivery and ensure that the delivery is according to the contract. This means to check and inspect whether the correct product has been sent and that the quality and quantity of the delivery items confirm with the contract.
- ACS is to be informed about shortcomings and deficits by the client within 8 (Eight) days of delivery in written and also the causes must be explicitly mentioned.
- ACS is to be informed about hidden shortcomings within 3 (three) days of discovery and later within the guarantee period fixed by the manufacturer in writing and the causes must be explicitly mentioned. This is subject to the rights owed, based on regulations for consumer rights.
Article 14 Liability
- ACS is not responsible for damages on the side of the client because of the breach of duty by ACS and/or the (not) inferior personnel during completion of a contract between the parties when these damages are caused by rough and negligent handling that cannot definitely be the responsibility of ACS.
- In all cases, the maximum liability for ACS and the third party fixed by ACS and also the incumbent liability for refunds for damages incurred by the client is limited to the price (without VAT) decided in the corresponding contract.
- ACS is not liable for indirect damages including secondary damage, loss of profits, reduction of savings through damages because of operating failures.
- The customer shall protect ACS from all third party claims and also demands based on contract signed between ACS and the client as long as these claims are not a result of rough and negligent handling or deliberate acts by ACS.
- In case ACS takes up definite approach for defense of a liability claim using the strength of a (not) subordinate executing party as protective measure in the contract, then the (not) subordinate executing party for this defense measure is also handled as contracted party and can be punished for this behavior by the client.
- Regarding damages mentioned in section 1 of this article, ACS shall be shown in writing as soon as possible and latest within 4 weeks of discovery of damages by the client or 4 weeks after the client could have discovered the damage cheaply or the requirement for compensation shall expire.
- The client shall protect ACS for all claims made by third parties and also damage claims, monetary claims, costs and taxes that are attached to products, rights, information that are paid for ACS by the client and represents for ACS.
Article 15 Valid rights and issues
- The Netherlands courts shall be the valid legal basis for all contracts closed between ACS and the client.
- The sole court of jurisdiction shall be Rotterdam for issues arising between ACS and the client based on a contract closed between ACS and the client, or based on other contracts based on it.
- The other general business conditions shall be unaffected by complete or party inefficiency of certain clauses. The unusable or ineffective regulations shall be replaced with legally correct methods taking the widest possible extent of regulations for these unusable or ineffective regulations into account. This is also valid for any gaps in the regulations and laws.