General Terms and Conditions – General Terms and Conditions Simhuis BV (trading under the name M2Mdata)
Article 1 – Identity of the undertaking, hereinafter referred to as the entrepreneur Undertaking – Simhuis BV (trading under the name M2Mdata) Address: Doetinchemseweg 59, 7007 CB Doetinchem Website: www.simhuis.nl Telephone: 0575-474731 Simhuis BV (trading under the name M2Mdata) is an operating company of: Van Kempen BV
Article 2 Definitions Additional Conditions: conditions that apply to the delivery of specific products and/or services and that apply in addition to the General Terms and Conditions. General Terms and Conditions: the General Terms and Conditions of Delivery that apply to the services provided by Simhuis BV (trading under the name M2Mdata). Service Description: appendix to the agreement in which the Service is described. Services: electronic communication, data transfer, ICT, or other related services to be provided by or on behalf of the Supplier to Clients. Supplier: Simhuis BV (trading under the name M2Mdata). Client: the person acting in the exercise of a business with whom the Supplier has entered into an agreement for the delivery of goods and services to which these General Terms and Conditions apply. Agreement: the agreements recorded in a form, document, or in another manner, pursuant to which the Supplier delivers the goods and/or services mentioned therein to the Client. Party(ies): the Client or Supplier individually (“Party”) or jointly (“Parties”). Facilities: all cables, peripheral, measuring, or other equipment, modems, smartcards and any associated user documentation and software that are and remain the property of the Supplier, services provided by the Supplier for the benefit of the Client, purchased, rented or on loan, or that have been supplied by the Supplier at the Client's location in the context of an Agreement. Public Electronic Communication Service: a service available to the public which consists wholly or partly in the transmission of a signal via an electronic communication network, insofar as this service does not consist of the distribution of programmes.
Article 3 General Provisions These terms and conditions apply to all offers and agreements made by the Supplier regarding goods and/or services of any nature whatsoever delivered to the customer. In the event of a conflict between terms and conditions of the agreement, service description, general provisions, terms and conditions, and supplementary terms and conditions, the following order of precedence applies:
- Agreement
- Service description
- Additional conditions
- General Terms and Conditions
The applicability of any purchase or other general terms and conditions of customers and/or third parties is expressly rejected.
Agreements, as well as amendments thereto, shall come into effect: a) on 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 request 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 value added tax (VAT) and other applicable government levies. Travel time, travel and accommodation, overtime, etc., and special work-related costs are not included in prices and rates and may be invoiced separately by the Supplier.
The Supplier is entitled, as of June 1 of each year, to increase prices and rates in accordance with the CBS consumer price index for the preceding period January 1 – December 31. If the CBS consumer price index is negative in any given year, the prices and rates applicable at that time shall not be adjusted. The Supplier reserves the right, in addition to the annual price indexation, to increase the agreed prices and rates once a year, after the Client has been notified thereof at least four weeks in advance. In the event of a price increase based on this article, the Client has the right to terminate the agreement free of charge exclusively in the following cases: a) if the price increase relates to a public electronic communication service; or b) if the price change does not relate to a public electronic communication service and the price increase exceeds 5%.
The further provisions in Article 4 regarding rates, calculation of data usage, discounts, indexations, invoicing, payment terms, direct debit, interest, collection costs, interim invoices, objections to invoices, no refund of prepaid fees, terms, and enforceability remain unchanged and apply in their entirety to the Client as described in your submitted text.
Article 5 Confidentiality Parties shall observe confidentiality regarding all information and data received from each other that are designated as confidential or whose confidential nature arises from the nature of such information and data, unless a statutory obligation mandates disclosure of such information and/or data. The duty of confidentiality shall cease one year after the termination of the Agreement.
Article 6 Ownership, Risk & Duty of Care All provisions regarding the transfer of risk, retention of title, handling of Provisions, the obligation to report in the event of seizure or threat of ownership rights, and the Supplier’s right to reclaim goods, remain unchanged, with the proviso that “Supplier” is always Simhuis BV (trading under the name M2Mdata).
Article 6.1 Suspension of Services in Case of Non-Payment Sections 6.1.1 through 6.1.6 regarding the right to suspension, pausing SIM cards, ongoing costs, reactivation, additional costs, and exclusion of liability in the event of suspension remain unchanged, whereby Simhuis is equivalent to Simhuis BV (trading under the name M2Mdata).
Article 7 Warranty & Guarantees All provisions regarding the warranty period, scope of the warranty, exclusions, manufacturer's warranty, shipping and call-out charges, and guarantees remain applicable as stated in your text, with Simhuis BV (trading under the name M2Mdata) as Supplier.
Article 8 Intellectual Property Rights All provisions regarding licensing rights, ownership of software/hardware, indemnification against IP claims, measures in the event of infringement, and the prohibition on copying/reproducing hardware shall remain in force unchanged, whereby “Supplier” is in all cases Simhuis BV (trading under the name M2Mdata).
Article 9 (Delivery) periods and default All provisions regarding indicative delivery times, non-firm deadlines, notice of default, and default remain unchanged.
Article 10 Duration of the agreement and termination The rules regarding fixed-term/indefinite terms, notice periods, conversion, termination for technical or business-economic reasons, and any replacement services remain unchanged, with Simhuis BV (trading under the name M2Mdata) as Supplier.
Article 11 Termination of the Agreement The grounds for termination by the Supplier (suspension of payments, bankruptcy, etc.) remain unchanged, whereby the Supplier = Simhuis BV (trading under the name M2Mdata).
Article 12 Supplier Liability; Indemnification The liability limits, exclusions for consequential damages, notification periods, relationship to fines, and indemnifications remain applicable to Simhuis BV (trading under the name M2Mdata) exactly as in your text.
Article 13 Force Majeure and Articles 13a through 13d All provisions regarding force majeure (including malfunctions, war, natural disasters, supplier problems) and the specific Articles 13a through 13d regarding the exclusion/limitation of liability for malfunctions, hardware, local interventions, and the consequences thereof remain unchanged, with Simhuis BV (trading under the name M2Mdata) as Simhuis.
Article 14 Modification and extension of works, services and/or deliveries All provisions regarding additional work, consequences for planning and rates remain in force.
Article 15 Obligations under the General Data Protection Regulation and the Telecommunications Act The mutual obligations under the GDPR and the Telecommunications Act, reporting obligations, indemnities, blocking of unwanted communication, and the compensation scheme for prolonged disruptions in a Public Electronic Communication Service apply in full to Simhuis BV (trading under the name M2Mdata).
Article 16 SIM The provisions regarding the provision of SIM/eSIM, security codes, and costs for unblocking and blocking remain unchanged.
Article 17 Final Provisions Dutch law, the competent court in Zutphen, the right to amend the General Terms and Conditions, modify services, personal and non-transferable usage rights, and the provision regarding (partial) invalidity and replacement by a provision with as far as possible the same legal and commercial scope, remain unchanged, with Simhuis BV (trading under the name M2Mdata) as Supplier.
