General Terms and Conditions of Telfort

For the supply of Services to business customers

Annex to the Agreement with number

(Hereinafter referred to as the “General Terms and Conditions”)



The entirety of the contract documents, i.e. the Main Agreement, these General Terms and Conditions, the Order Form and – if applicable - additional Order Forms, the Special Conditions and/ or other applicable attachments set out in the Main Agreement.


The possibility to use the Service with an appropriate SIM Card.


A person of 18 years or older or a legal entity with whom Telfort has concluded an agreement to provide the Service(s).


Each device, including the corresponding software or documentation, which Telfort has sold to the Customer and to which the Agreement, or another agreement between Parties is applicable and/or each device, including the corresponding software or documentation, which is used by or on behalf of Customer.

“Minimum Purchase”

The minimum number of Connections the Customer guarantees to purchase within one (1) month after the commencement date of the Agreement and which number the Customer guarantees to maintain during the term of this Agreement.


The specific wireless telecommunications network on which Telfort provides the Services and which provides access to the wider telecommunications networks.


Telfort B.V. located in (1101 EE) Amsterdam the Netherlands at de Entrée 222.


The Service is described in one of the applicable contract documents as referred to in the definition of Agreement.

“Special Conditions”

Conditions for a specific service or a special offer of Service that applies as a supplement to these General Terms and Conditions and the other contract documents.

“SIM Card”

“Subscriber Identity Module” card, a chip card which, after placement in the Equipment, allows the Customer to use the mobile Connection.


2.1These General Terms and Conditions apply to all Services to which they are declared applicable. Special Conditions may apply for a certain Service. Telfort explicitly rejects the general conditions of the Customer, or any other general conditions that Customer declares applicable. The referral by Telfort to the General Terms and Conditions of Telfort shall be observed as the first referral.

2.2If Telfort agrees to deliver supplementary services desired by the Customer, the terms of these General Terms and Conditions also apply to the Agreement for these supplementary services.

2.3Telfort can change the terms and conditions, including the Charges at any time. Such changes shall be published at least 4 weeks before any such changes take place and come into effect, or on a later date as mentioned in the publication. In the event Customer does not accept an adverse change, Customer may terminate the Agreement as of the date on which the new terms come into force, provided that the written termination notice thereto has to be received by Telfort prior to such date.

2.4Clause 2.3 is not applicable in the circumstances where such changes are due to a third party and beyond Telfort’s control where as much notice of such changes as reasonably practicable shall be given by Telfort to the Customer.

2.5The Parties can modify or make additions to the Agreement using a written change request. Such modification or addition shall take affect as from the date it has been signed by both Parties.

3.The creation, duration and termination of the Agreement

3.1There will only be an Agreement if Telfort has activated one or more Connections. Telfort will only do so, when it has received a completed and signed Agreement and a copy of the necessary identity papers. Customer may not use a PO box as its address. Customer also has to provide to Telfort a copy of its Chamber of Commerce Registration, which copy should not be older than six (6) months. Telfort is entitled to conduct a credit check. If Telfort is of the opinion that the results of that credit check are in any way negative, Telfort is not obligated to activate the Connection. The result of the credit check may also lead to a limited provision of Services.

3.2Notwithstanding article 3.1, the Agreement shall commence on the date it is signed by both Parties and shall continue for an indefinite period. The Agreement will terminate when all contracts for the individual Connections and all contracts for the Bundle Services pertaining to this Agreement have (been) terminated.

3.3The contract for a Connection is entered on the date the Order Form has been signed by both Parties against the then applicable terms and conditions, including charges. The contract for a Connection is entered into for the minimum term per Connection specified on the Order Form (“Minimum Period”). If the Order Form does not specify a Minimum Period, the Minimum Period per Connection shall be twelve (12) months.

3.4The Minimum Period takes effect on the date on which the Connection(s) is/ are put into operation (“the Operational Service Date”).

3.5After the Minimum Period has expired the period each Connection is activated, is automatically extended for an indefinite period of time, unless one of the Parties terminates the Connection(s) in writing, giving at least three month's notice in advance.

3.6In the event one or more Connections are terminated before the Operational Service Date for whatever reason, Customer cannot derive any rights from the agreed upon discounts for such Connections. If Customer has already received such discount, Telfort is entitled to claim such discount back.

3.7If the Customer:

a)Requests bankruptcy, is declared bankrupt, transfers assets to a creditor because he is insolvent, requests suspension of payment, or if his property is attached in whole or in part; or

b)Fully or partially fails to comply with his obligations to Telfort based on either the law or on the terms of this Agreement; or

c)Fails to pay an amount due and invoiced or a part thereof within the term allotted; or

d)Suspends operation or decides to suspend operations or to hand over his company or a significant part thereof, including merging his company with a company in formation or with an existing company, or changes or decides to change the objective of his company, or decides to terminate operations;

Then Telfort has the right, without any liability to pay damages and without prejudice to any of its other rights, such as rights with regard to fines that have already lapsed or to interest and the right to compensation for damages, and without any proof of default or legal intervention being required:

1)To wholly or partially dissolve the Agreement by notifying the Customer in writing;

2)To terminate the delivery of the Service immediately; and/or

3)To demand payment by the Customer of any amounts he may owe Telfort immediately in their entirety.

4.Equipment and SIM Cards

4.1Telfort and Customer may enter into an agreement for the provisioning of equipment. In such case, the Agreement applies to the purchase by the Customer of the Equipment. Acceptance of the Equipment and transfer of title thereof shall take place when the Customer takes delivery or possession of the Equipment. At which time risk in the Equipment shall pass to the Customer and the Customer becomes liable for any loss or damage of the same unless the damage is caused by Telfort’s negligence. When using the Equipment (for accessing and browsing the internet) Customer is responsible for adequate security of its Equipment i.e. against unauthorised use by third parties. In case the Equipment is provided by a third party, such provisioning is not an obligation of Telfort under the Agreement. Telfort is not liable for any damage caused by the malfunctioning of Equipment or caused by any failure delivering the Equipment.

4.2Until all invoices relating to any Equipment have been paid in full the Customer undertakes not to sell, transfer, lease, charge, assign by way of security or otherwise deal in or encumber the same in any way.

4.3In the event Telfort provides the Equipment to Customer:

a)Telfort does not guarantee the availability of particular items of Equipment;

b)Telfort reserves the right to add to, substitute or to discontinue any item of Equipment at any time;

c)Telfort does not guarantee the continuing availability of any particular item of Equipment;

and (as the Customer acknowledges)Telfort may be dependent upon third parties in this respect.

4.4The SIM Cards remain the sole property of Telfort. The Customer must handle the SIM Cards with care and protect them as well as possible against unauthorised use, damage and theft.

4.5In case of theft or loss of the SIM Cards and the corresponding telephone the Customer must pay the call charges for the period of time preceding the blocking.

4.6All costs related to the blocking, disconnecting and reconnecting to the Network are payable by the Customer.

4.7If fraud is committed with one or more of the SIM Cards, Telfort is authorised to terminate all Connections without any previous warning or notice.

5.Maintenance and changes

5.1Telfort can modify the technical features of the Service and/ or the Network and Telfort is also entitled to exchange (part of) the Service or Additional Service by a substitute Service. Telfort shall not temporarily restrict or terminate the Service without a pressing reason.

5.2In case of termination, withdrawal or change of the license required for installation, management and exploitation of the mobile Network, or if technical, operational or economic reasons require it or if delivery of the Service or specific service infringes the (intellectual property) rights of a third party, Telfort is authorised to terminate the (Additional) Service or specific service observing a notice period of one (1) month.

5.3Telfort can temporarily shut down (part of) the Network to perform maintenance or upkeep the Service. Telfort shall give notice of any intended interruption of the Service in a timely manner in advance, unless the interruption is to be so limited or brief that Telfort cannot reasonably be expected to issue a general or special notice.

5.4The Customer is obliged to provide Telfort the data Telfort needs to maintain the Connection(s). If a malfunction occurs in relation to the Connection(s), the malfunction must be reported to Telfort by or on behalf of the Customer as quickly as possible.

6.Use of the Service

6.1 The Customer is responsible for all use made of the Connections, even if this is made without his permission. All call charges incurred shall be invoiced, with due regard for the stipulations of clause 7. Customer warrants that the Service will not be used to invade a third party’s privacy in any way. More specific, Customer warrants that the Service will not be used to harass, stalk or threaten a third party (by phone).

6.2The use of the Service and/ or a Connection is only permitted for normal business use. “Normal business use” means mobile voice and/ or data traffic initiated from a mobile handset (or a similar mobile device from which voice and/ or data traffic can be initiated). Any other use of the Service and/ or a Connection, such as via a SIM box or GSM box, is prohibited. Telfort reserves the right to disconnect the Service and/ or the Connections, which are being used for other purposes than normal business use, without any previous warning or notice. In addition thereto in case of data traffic Telfort is entitled to set a limit for such data traffic.

6.3If telecommunication traffic is obstructed because of the use of the Connection(s), the Customer is obliged to follow the instructions issued by Telfort and to accept the financial consequences of this. If required in Telfort's judgement, Telfort can (temporarily) disconnect the Connection(s).

6.4Telfort can make modifications to the delivery of the Service in countries in which roaming can be used. The Customer can use the specified mobile network, with due regard for the options for use and the quality principles that apply in the country in question.

6.5Telfort does not guarantee that the Network (including GSM, GPRS, EDGE or UMTS) will be available at all times, that the quality of the Connections is identical at each location or that traffic through internet is possible at all times or is always completed. Such defects – for which Telfort is not responsible – can be caused by the mobile equipment used, interruption of the internet connection, the radio coverage for the Network or other (telecommunication) networks and to atmospheric conditions. Furthermore, Telfort does not guarantee a minimum speed for data traffic. Due to the risks related to the use of internet Telfort does not guarantee the confidentiality of data.

6.6Customer warrants that the (mobile) internet and the (Additional) Services will be used in a responsible way. In the event the (Additional) Service is related to internet (data) traffic Customer warrants that such Service is used in accordance with the general accepted rules for internet (netiquette).

6.7Customer may not hinder third parties and may not cause damage to the Network, internet or any related system. In case of data traffic Customer should amongst others abstain from:

a)Excessive data traffic (causing a disruption of the Service or internet);

b)Offering, publishing or distributing logic or email bombs, viruses or chain letters;

c)Offering, publishing or distributing any information that breaches any intellectual property rights or other rights of a third party;

d)Offering, publishing or distributing any information which contravenes public order or common decency;


f)Hacking: (an attempt) to gain unauthorised access to computer systems, data and software;

g)Denial of service attack: any act that causes the unavailability of the Network which limits the regular provision of services;

h)Open relay.

6.8The Customer guarantees to purchase the Minimum Purchase within one (1) month after the commencement date of the Agreement.

6.9The Customer guarantees that the Minimum Purchase shall be maintained during the term of this Agreement.

6.10If at the end of each period of twelve (12) months the Customer has not met the Minimum Purchase, Telfort shall have the right to charge the Customer for the difference in fixed monthly costs between the number of the Minimum Purchase and the number of Connections the Customer has actually ordered.


7.1The Customer must pay Telfort the amounts based on the specified and published rates.

7.2Telfort's data shall be used to determine the amounts due as intended in the previous clause, unless the Customer can show that this data is inaccurate.

7.3Telfort is authorised to modify the rates for the Service, as set out in clause 2.3.

7.4Telfort is authorised to give a discount per Connection. With each new order the discount shall be determined once again, and therefore the Customer can not derive any right(s) from a previous discount.


8.1The Customer shall receive an invoice on a monthly basis, which shall specify the costs for the use of the Connections and the one-off costs for the hardware.

8.2The Customer is obliged to pay to Telfort the costs specified on the invoice within 30 days after the date of invoice, unless otherwise agreed upon. Invoices are only payable to Telfort. The moment of payment shall be the moment Telfort receives the payment.

8.3In case of special circumstances, including:

a)Abnormally large numbers of calls or extremely expensive calls in a brief period;

b)When there is reasonable doubt regarding the legitimate use of the SIM card(s);

c)If the monthly invoice exceeds an amount Telfort has announced in advance;

Telfort is authorised to inform the Customer regarding these issues and to send an interim invoice and/ or to demand an (immediate) deposit.

8.4Telfort has the right to (temporarily) suspend the Service for individual Connections if such payment is not made (immediately).

8.5The Customer is not authorised to deduct any amount he believes Telfort may owe him, from the amount owed to Telfort.

8.6Telfort’s payment details: Telfort B.V., Chamber of Commerce number 34151641, (bank) account number 591255146, V.A.T. number NL809547922.B01

9.Late payment

9.1If the Customer does not pay within the specified period and/or in the specified manner, he shall be in default without any further notice being required. Beginning on the date the invoice is due, Telfort has the right to charge the Customer 1 % interest per month or the statutory interest, whichever is the highest. The Customer must also pay administration and (extrajudicial) collection costs in the amount of 15 % of the open amount, with a minimum of € 225,-.

9.2Telfort has the right to discontinue the Service without notice of default and without notifying the Customer if:

a)The Customer does not pay the invoice submitted by Telfort within the period specified by Telfort; or

b)The Customer fails to provide the security specified in clause 10.

10.Security, deposit, bank guarantee

At the time at which he enters into the Agreement, or thereafter, the Customer must provide sufficient security regarding his payment obligation and other obligations resulting from the Agreement at Telfort's initial request. Telfort is authorised to suspend compliance with its obligations until such security is provided. Telfort is not required to pay the Customer any interest or other costs related to the security deposit unless expressly agreed otherwise.

11.Disconnection/ reconnection

11.1Without prejudice to the stipulations in the previous items, Telfort is authorised to temporarily disconnect the Connection(s) if the Customer does not comply with its obligations to Telfort regarding the Connection(s) and this failure to comply justifies interrupting the Service.

11.2Telfort is authorised to disconnect the Service without notice of default and without notifying the Customer if the situation as specified in clause 4.7 arises, or when one of the situations specified in clause 9.1 arises and a warning notice appears to be impossible. Moreover, Telfort is authorised to discontinue the Service if the Customer in any other way damages Telfort's interests in such a way that Telfort cannot reasonably be expected to continue keeping the Connection in operation.

11.3The Service shall be reconnected if the Customer complies with his obligations to Telfort within a reasonable period of time. The Customer shall be billed for the reconnection charges.


12.1In executing the terms of this Agreement Telfort is not liable for any direct or indirect damage, including consequential damage, nor is Telfort liable for consequential loss, loss of profits, loss or destruction of data, or damage resulting from claims made by third parties against the Customer, except for the cases specified below.