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Post-Paid Terms & Conditions

1. DEFINITIONS

1.1 Fair Usage Policy: is the policy that LYCAMOBILE announces to the Customer Service and that governs acceptable use of the Services, which may be modified from time to time and is available at https://www.lycamobile.nl/nl/roaming-within-eu-and-eea-countries/

1.2 Contract: is the agreement for LYCAMOBILE to provide the Service to the Customer, which is formalized when the Customer acquires and registers as such with LYCAMOBILE. These general terms and conditions form an integral part of that Contract.

1.3 Customer: a natural or legal person who signs a Contract with LYCAMOBILE.

1.4 Customer Service: is the customer Service department, which can be contacted by the customer for all questions relating to the Service, accessed by calling *1200 toll free from a LYCAMOBILE telephone or +31 207 543 030 from another operator’s telephone. Operator tariffs applicable are displayed on the website https://www.lycamobile.nl/en/help/contact-us/

1.5 LYCAMOBILE: Lycamobile Europe Limited , 3rd Floor, Walbrook Building, 195 Marsh Wall, London, E14 9SG.

1.6 Service: the service through which the Customer uses the Network for the direct transport of telecommunication traffic from mobile users to and from connection points on the Network or to connection points on other networks.

1.7 Post-Paid SIM Card: a post-paid card containing a microprocessor that facilitates access to the Service.

1.8 Monthly Bundle Plan: Service A Monthly Bundle Plan containing a pre denomination of minutes for calls, SMS and data.

1.9 Network: the network for wireless telecommunications.

1.10 Roaming Services: mobile telephony services which allow the Customer uninterrupted access to Services outside of the Netherlands. The list of areas where LYCAMOBILE offers Roaming Services can be found here: https://www.lycamobile.nl/nl/rates/

1.11 Spending Cap: If the Monthly Bundle Plan is exhausted, the Customer is allowed to purchase additional data, minutes or texts up to the amount of data, minutes or texts equivalent to the Spending Cap. The amount of the Spending Cap is determined based on the Customers’ Monthly Bundle Plan.

2. SERVICES AND OBLIGATIONS

2.1 LYCAMOBILE is obliged only to provide the necessary resources to ensure the proper operation of the Service. In this respect it shall establish the technical means necessary to provide access to this Service.

2.2 Mobile telephony is a form of wireless communication and operates on the basis of the transmission of radio frequencies and signals. As such, it may suffer interference from numerous external sources or inherent obstacles such as buildings, vegetation or terrain and therefore perfect transmission (relative to actual availability and quality of Service) cannot be guaranteed, everywhere and at all times.

2.3 The quality of the LYCAMOBILE Service depends on the quality of the mobile telephony device that the Customer uses. LYCAMOBILE has no control or influence on the quality of the mobile telephony device.

2.4 LYCAMOBILE shall use its best endeavors to provide the Services with satisfactory quality, adequate and reliable. In the event of a temporary interruption of the Service the provisions set forth in clause 11 would apply.

2.5 Occasionally the Network and Services may not be available due to requirements for improvement, modification, maintenance or other work related to the Network or Services. At such times, Services may be temporarily unavailable and LYCAMOBILE shall use its best endeavors to keep any period of unavailability to a minimum.

2.6 LYCAMOBILE offers Roaming Services but, due to the nature of these Services, LYCAMOBILE cannot guarantee the availability or quality of the Services using such Roaming Services. Note that in case of Roaming Services in the EU or EEA, the Fair Usage Policy applies. The Fair Usage Policy is available on the LYCAMOBILE website.

2.7 The Post-Paid SIM Card is associated with a PIN code (personal identification number) and a PUK code (personal unlocking key). Instructions for use may change as a result of the use of new technologies and will be explained in the phone’s “user manual”. Customers must take all necessary precautions to keep their PIN and PUK codes secret. Customers are responsible for any inappropriate or malicious use resulting from intentional, incidental or accidental communication of these codes or from the transfer of their Post-Paid SIM Card.

2.8 The Customer acknowledges that whilst LYCAMOBILE will use its best endeavours to ensure error free service, LYCAMOBILE shall not be liable to the Customer for any loss or inconvenience not attributable to LYCAMOBILE caused to the Customer by any action of a distributor, including fraud, deception and/or non-payment, unless it derives from an instruction given by LYCAMOBILE to the distributor. In such cases, the Customer shall contact the distributor and/or retailer from whom the Post-Paid SIM card was purchased and request a refund.

2.9 Rates for calls using the Services are attached to the Contract. Additionally, they are displayed on marketing posters and on the website https://www.lycamobile.nl/nl/rates/ . Any future rate increase will be notified to the Customer before it becomes applicable in line with article 14.1. LYCAMOBILE is entitled to adjust the monthly amount of the Customer’s Monthly Bundle Plan every year in January as a result of inflation. This adjustment will be based on the annual increase in the consumer price index published by the CBS (Dutch Bureau for Statistics).

2.10 LYCAMOBILE at the request of government agencies, regulatory or law enforcement bodies can record communications made using the Services.

2.11 It is LYCAMOBILE’s policy not to intentionally disconnect any call as long as the customers post-paid plan has not been exhausted or in default however, calls may be disconnected for reasons beyond LYCAMOBILE’s control, such as force majeure, carrier failure, technology failure or human error.

2.12 Customers are hereby informed of the risk inherent in the use of a mobile phone while driving a motor vehicle. LYCAMOBILE cannot be held liable for damages caused by an accident caused by the use of a mobile phone while driving a motor vehicle.

2.13 Customers are hereby informed of possible interference that a mobile phone may cause to certain types of sensitive equipment, such as medical devices, aircraft, etc. It is therefore essential that the instructions of the persons responsible for such equipment are strictly followed. LYCAMOBILE cannot be held responsible for any damage caused by failure to follow these instructions.

3. POST-PAID SIM CARD

3.1 The LYCAMOBILE Post-Paid SIM Card is used by inserting it into a compatible mobile phone device. Once the Post-Paid SIM Card has been inserted, the Customer will be able to access and use the Services.

3.2 The LYCAMOBILE Post-Paid SIM Card remains the exclusive property of LYCAMOBILE. The Customer must keep the Post-Paid SIM Card in a safe place and not use it improperly. LYCAMOBILE will only agree to replace a Post-Paid SIM Card when it is found to be defective due to faulty workmanship or design. LYCAMOBILE may, at its discretion, charge for replacement of a Post-Paid SIM Card when the Customer has been responsible for the misuse, damage or loss of the original Post-Paid SIM Card. In addition, LYCAMOBILE reserves the right to withdraw a LYCAMOBILE Post-Paid SIM Card in the case that the Customer incurs in any of the conducts listed in clause 9.1. Customer shall inform LYCAMOBILE of any damage to the Post-Paid SIM Card it has acquired.

3.3 A Post-Paid SIM Card will be issued to the Customer on a non-transferrable basis, subject to the following conditions-

(a) The information provided by the Customer are true, genuine and accurate and nothing material has been
withheld.

(b) LYCAMOBILE reserves the right to have such information verified.

(c) the Customer shall not obtain more than 5 Post-Paid SIM Cards.

(d) the Customer shall provide such further information as LYCAMOBILE may reasonably require fulfilling any
compliance requirements.

4. RATES AND CHARGES

4.1 Customers pay for the use of the Service under a Monthly Bundle Plan or by purchasing additional data through phoning Customer Services. A Monthly Bundle Plan is made up of data, minutes for calls and SMS in accordance with the rates attached to the Contract.

4.2 Once the Monthly Bundle Plan has been exhausted (data, minutes for calls and/or SMS), we allow the Customer to purchase additional data/minutes/texts until the Spending Cap is reached. The amount of the Spending Cap is based on the Monthly Bundle Plan. This information is available on the Product Sheet. After this Spending Cap is reached, the Customer is only allowed to purchase additional pre-paid data/minutes/texts from LYCAMOBILE. Any additional data can be purchased by calling Customer Service on +31 207 543 030, or logging in “My LYCAMOBILE”.

4.3 Charges for additional data, minutes or texts cannot be paid from the Customer’s Product’s Monthly Bundle Plan and will be charged on top of the Customer’s Monthly Bundle Plan.

4.4 A limited type of calls/texts and data usage are not included in the Monthly Bundle Plan and will be charged at the specific tariffs indicated in the rates attached to the Contract.

4.5 If usage of a Product exceeds any part of the Customer’s Monthly Bundle Plan, or the Customer uses a Service that is not part of the Customer’s Monthly Bundle Plan, the Customer will be charged an amount additional to the Customer’s Monthly Bundle Plan.

4.6 Unless otherwise stated, if the Customer does not use all its data, minutes or texts included in the Monthly Bundle Plan in the relevant month, any remaining data, minutes or texts expires and is forfeited (it cannot be transferred, refunded, exchanged, redeemed for cash or carried over into another month).

5. MODIFICATION OF OPERATING CONDITIONS

5.1 Whenever required by the operating conditions or the organization of the Service, LYCAMOBILE may modify the technical characteristics of its Services. The Customers will be entitled to the compensation that may correspond to them for any substitution or modification of the mobile telephony terminals that are necessary for a change in the Network that affects the Services, in the terms expressed in this Contract and in clause 14 thereof.

5.2 If the modifications of the operating conditions entail the modification of the Contract, Customers are informed of their right of termination of the Contract as stipulated in article 14.1.

6. CUSTOMER SERVICE

6.1 The Customer may receive information about the Service or any incident affecting it through the Customer Service available on the number +31 20 754 3030 and on the website https://www.lycamobile.nl/en/; customers may direct their questions by ordinary mail to the following address: Lycamobile BV; Robijnlaan 17; 2132 WX Hoofddorp or by e-mail to cs@lycamobile.nl

6.2 In order to make complaints regarding the Service, the Customer must address LYCAMOBILE in the manner indicated in the preceding paragraph, within two (2) months from the time he becomes aware of the fact giving rise to his complaint in accordance with Dutch law. Upon receipt of the complaint, LYCAMOBILE shall provide the Customer with the relevant reference number and investigate the complaint.

6.3 Once the complaint has been formulated by the Customer, if the latter does not receive a satisfactory response from LYCAMOBILE within one month, he may address his complaint to the Geschillencommissie Telecommunicatie, within the following twelve (12) months and without prejudice to going to court.

6.4 The customer grants full validity to the records stored on LYCAMOBILE’s systems relating to communications between LYCAMOBILE and the customer subject to proof to the contrary (“tegenbewijs”).

7. START, SUSPENSION, CANCELLATION AND PAYMENT OF THE MONTHLY BUNDLE PLAN

7.1 A Customer who wishes to avail the Monthly Bundle Plan shall:

(a) pay for the Activation Fee and setup payment by credit or debit card and;

(b) after that, proceed with the payment of the Monthly Bundle Plan.

The default method of payment of both concepts might be the direct debiting to a bank account or the bank account that the Customer has indicated committing itself to always maintain a sufficient balance in said account.
However, an alternative method of payment can be agreed between the parties among those commonly used in commercial traffic. To use this option please contact the Customer Service.

7.2 LYCAMOBILE will start providing the Service from the moment the Post-Paid SIM card and monthly bundle plan is registered and activated. The Service is provided in the national territory of the Netherlands, outside the same the Customer agrees to receive the Roaming Service unless the Customer states otherwise by calling the Customer Service free of charge.

7.3 In the event that the Customer fails to comply with the obligations of this Contract or the requirements that may be established for a reasonable use of the Service, including any Fair Usage Policy, or in case of lack of payment of any of the invoiced concepts for more than one (1) month, LYCAMOBILE reserves all its legal rights. For instance, the Service may be temporarily suspended, provided that a prior notice has been given to the Customer and that the breach has not been remedied. This temporary suspension will last a maximum of 90 days within an annual period.
The temporary suspension of the Services will not affect the possibility to receive incoming phone calls or to make emergency calls to the emergency numbers stablished by the national authorities.
The Customer will also have the right to request the temporary suspension of the Services up to a 90 days period within an annual period. In such case, half of the proportional amount of the fees corresponding to the time affected by the suspension will be deducted from the invoice.

7.4 The suspension shall end when LYCAMOBILE ascertains that the Customer has fulfilled its obligations. The Customer must meet the costs of disconnection and connection. The suspension of the Service does not exempt the Customer from any of the obligations to which it is committed in this Contract. The Customer shall have the rights indicated by the legislation in force, unless the disconnection is due to a cause attributable to the Customer.

7.5 In the event of lack of payment by the Customer of any of the invoiced concepts or serious breach of his obligations under this Contract exceeding three (3) months, temporary suspension of the Service in two occasions, or in the case that the Customer incurs in one of the circumstances set forth in clause 9.1, the Service may be definitively cancelled, provided that prior notice has been given to the Customer, without any refund right.

7.6 The Customer shall be notified through SMS or email on successful or failed registration of the Monthly Bundle Plan.

8. CUSTOMER RIGHT TO

8.1 If the Customer is a consumer, and a Contract has been concluded electronically (such as via the website or by telephone), the consumer has the right, without giving reasons, to dissolve the Contract within fourteen days. The consumer may do so via LYCAMOBILE’s Customer Service.

8.2 The Customer may request LYCAMOBILE, through Customer Service, to disconnect it from international calling services, higher rate services and additional rate services.

8.3 Disconnection shall take place within ten (10) days of the Customer’s request. In the event that, for reasons not attributable to the Customer, the disconnection is not carried out within ten (10) days of the request for disconnection, LYCAMOBILE shall bear the costs of the Service for which disconnection has been requested but not carried out.

8.4 The Customer also has the right to terminate this Contract giving a notice of thirty (30) days prior to the date of effect of such termination.

9. RESPONSIBILITY OF THE CUSTOMER

9.1 The Customer shall not use the Services for the following activities:

A. Any inappropriate, immoral, fraudulent or illegal purpose or for the sending of any communication or
for storing any information that is offensive, abusive, indecent, obscene or threatening in nature;

B. Causing, or unknowingly allowing others to cause, any malicious or annoying call to either LYCAMOBILE
or any of LYCAMOBILE’s customers or others, including using the Network to send unsolicited insistent
communications without reasonable cause;

C. For the purpose of causing damage or harm to the operation of the Network over which the Services are
provided; and

D. The storage or distribution of information that does not belong to the Customer and that may be deemed
to infringe the rights of a third party including the copyright of another person or other intellectual
property rights (unless the Customer has the prior consent of such third party).

9.2 At the time of purchase of a LYCAMOBILE Post-Paid SIM Card or Monthly Bundle Plan, the Customer may be asked to register with LYCAMOBILE, asking the Customer to provide personal information including name, address, date of birth, nationality, etc. The Customer acknowledges that providing false information is a fraudulent act and if LYCAMOBILE concludes that such personal information is false, it shall have the right to cancel this Contract without any obligation to the Customer.

9.3 Customers must notify LYCAMOBILE of any changes to their personal data so that the data maintained by LYCAMOBILE is up to date.

10. BILLING

(a) The Customer has the right to a billing which duly differentiates the concepts of prices charged for the Services provided.

(b) In the first bill, the Customer will be charged for the first and second month of the Monthly Bundle Plan. The Customer’s first bill may also include a prorated amount from the date the Customer connected to the date of its first bill.

(c) The Customer may choose to purchase additional data from time to time. Charges will be applied to the monthly bill.

(d) All payments are to be made by the prescribed due date. Payment beyond due date shall entail late fees as prescribed by LYCAMOBILE.

(e) In the case of any delay or non-payment beyond the due date exceeding one (1) month LYCAMOBILE reserves the right to the temporary suspension of the Services as set forth in clause 7.3 above. For restoring the Services, the Customer shall have to apply for reactivation of the connection, after making the due payment and the applicable connection charges.

(f) In case of any delay or non-payment beyond the due date exceeding three (3) months LYCAMOBILE reserves the right to the definitive cancellation of the Service as set forth in section 7.5 above.

11. PROTECTION OF CUSTOMER DATA AND PERSONAL INFORMATION.

11.1 LYCAMOBILE processes personal data relating to its Customers, e.g. identification data, contact data, data on the Customer’s use of LYCAMOBILE Services, data on the Customer’s communication traffic, billing and payment data, and technical data. In this context, LYCAMOBILE acts as a data controller.

11.2 The data is processed for the following purposes:
• the performance of the Contract with the Customer and the delivery of the Services requested by the
Customer;
• the administration and management of relations with the Customer;
• Customer profiling and conducting information and promotion campaigns for Services offered by
LYCAMOBILE, unless the Customer objects to this;
• the improvement and development of LYCAMOBILE;
• as part of the Service, the provision of reporting services to third parties based on anonymized
data.

11.3 LYCAMOBILE’s files may be accessible to third parties who work in the name or on behalf of LYCAMOBILE. In the cases stipulated by law, LYCAMOBILE shall hand over Customer data if requested to do so by competent government services. The Customer has the right to access, correct and delete any data that relates to him. For further information about the processing of personal data by LYCAMOBILE, the purposes of the processing, the categories of personal data concerned, the data collection method, the retention period of the personal data, and the way in which the Customer can exercise his rights and set his privacy preferences, please refer to LYCAMOBILE’ privacy policy which is available on www.lycamobile.nl/en/help/lycamobile-privacy-policy/.

12. QUALITY AND TEMPORARY INTERRUPTION OF SERVICES.

12.1 LYCAMOBILE shall provide the Service subject to the quality obligations set forth in applicable law. If the Customer has any doubt or complaint regarding the quality of the Service, he/she should contact the Customer Service.

12.2 In the event of a temporary interruption of the Service, the Customer shall be entitled to compensation, for:
an amount equal to the average amount of 1/30th of the Monthly Bundle Plan for every 24 hours in which an interruption of over 12 hours occurs Service.
The compensation will be automatically included in the invoice corresponding to the period immediately following the one in question. However, if the amount to be paid, by way of damages, according to the calculation explained above, is less than one (1) euro, then the compensation will not be automatic and will have to be expressly requested by the customer.

12.3 LYCAMOBILE undertakes that, except in the case of force majeure, interruptions in the Service arising from technical incidents or network maintenance activities shall not exceed eight (8) hours during a month. For each hour exceeding such commitment, LYCAMOBILE shall increase the amount of damages provided. In order to claim compensation, the customer must submit their claim for compensation to Customer Service within one month of the restoration of the Service. If damages are due and payable, LYCAMOBILE will credit the Customer’s account in the form of a credit at connection time.

12.4 In the event that of interruptions of the Service during a billing period, the Customer will be entitled to a compensation consisting in the refund of the corresponding fees, prorated for the time the interruption has lasted. The compensation will be applied automatically, in the invoice corresponding to the period immediately following the one under consideration, when the interruption of the Service is greater than 12 hours over a period of 24 hours.

12.5 No damages shall be payable for interruption of the Service resulting from a serious breach of Contract by the Customer or for damage caused to the network resulting from the Customer’s connection of devices whose compatibility with regulations has not been assessed.

12.6 In interruptions due to force majeure, LYCAMOBILE will automatically compensate the Customer with the refund of the amount of the monthly fee and others independent of the traffic, prorated for the time the interruption would have lasted.

13. LYCAMOBILE'S LIABILITY

13.1 LYCAMOBILE shall be liable for damage to or loss of content of calls or SMS messages sent or received by the Customer provided that it can be demonstrated that LYCAMOBILE directly caused such damage or loss, in which case the Customer may seek the corresponding compensation in accordance with Dutch law.

13.2 LYCAMOBILE shall not be liable for damages caused by the intervention of a third party, including governmental, regulatory or administrative bodies.

13.3 LYCAMOBILE shall not be liable for indirect or intangible damages, such as additional costs, loss of revenue over profits, loss of customers, loss of or damage to data and loss of Contracts caused by the malfunctioning of the Service unless determined by applicable law.

13.4 LYCAMOBILE shall have no liability in the event of loss, theft or fraudulent or unlawful use of the Post-Paid SIM Card or Monthly Bundle Plan by Customers. In addition, LYCAMOBILE shall not be liable to issue refunds used by Customers or by any other person when a Customer does not have control of the Post-Paid SIM Card or Monthly Bundle Plan and LYCAMOBILE has not been notified of this fact. In addition, LYCAMOBILE cannot be held responsible for any consequences resulting from the use of Services related to a Post-Paid SIM Card or Monthly Bundle Plan.

13.5 If the Customer suffers damage due to the malfunction of the Network or due to deficiencies in the execution of the Service, LYCAMOBILE may be liable in the case of damage.

13.6 If a Customer suffers damage, theft, damage or loss, he must notify LYCAMOBILE in writing as soon as possible.

13.7 LYCAMOBILE shall not be liable to perform any obligation or provide the Services in cases of force majeure, for example, any factor beyond its control, including but not limited to, assumptions of natural events, labor protest measures, breach or default of a third party, war, governmental action or by any law or decision made by a court of competent jurisdiction.

14. RESPONSIBILITY OF THE CUSTOMER

14.1 Customers shall be liable for damages of any kind caused to LYCAMOBILE or third parties by the misuse of the Post-Paid SIM Card or Monthly Bundle Plan, or for damages caused to any mobile telephony device, and shall compensate LYCAMOBILE for the damage they cause, including minor damages.

14.2 In the event of loss or theft of the Post-Paid SIM Card, it shall be the Customer’s responsibility to notify LYCAMOBILE as soon as this loss or theft is discovered, as well as to prevent someone else from using the Post-Paid SIM Card. The Customer shall be solely responsible for the Post-Paid SIM Card and may not claim any refund from LYCAMOBILE for the loss or theft thereof.

14.3 The Customer confirms that their credit or debit card and bank account details registered with LYCAMOBILE is owned by the Customer.

14.4 The Customer shall ensure that the credit or debit card and bank account provided has sufficient credit or balance at all times for debating the amount due.

15. CONTRACTUAL AMENDMENTS

15.1 This Contract may be modified prior a formal notice by LYCAMOBILE to the customer within one (1) month in advance via; MMS; SMS, e-mail or other available means, when there is a change in the Service, its conditions and applicable regulations, or a change in the market. If this change is not advantageous to the Customer, the Customer shall have the right to terminate the Contract without any penalization. However, if the Customer exercises his right to the termination of the Contract, any pending charges at that time will be settled and invoiced.

15.2 LYCAMOBILE shall be entitled to assign any or all of its rights and obligations under these terms and conditions to any third party, notwithstanding the right of the Customer to terminate the Contract if it objects to such assignment within one (1) month after a formal notice is given by LYCAMOBILE.

16. COMPLAINTS, LITIGATION AND APPLICABLE LEGISLATION

16.1 Any complaint or dispute between the Customer and LYCAMOBILE concerning the provision of the Service must first be made to Customer Service using the contact details provided in clause 6.

16.2 The inability of LYCAMOBILE or the Customer to assert its rights under this Contract shall not prevent LYCAMOBILE or the Customer (whichever the case) from taking additional measures.

17. SUBSCRIBER DIRECTORIES

If the customer requests that his/her data be included in the subscriber directories, LYCAMOBILE will communicate those data that to the providers that prepare the directories and/or provide information services.

18. EMERGENCY SERVICES

LYCAMOBILE provides the customer with free access to emergency services, as well as information on the location of the person making the call, depending on the capacity of the systems of the area in which the customer is at the time of calling these services, and the capacity of the Network Operator supplying the lines to LYCAMOBILE.

19. UNIQUE GENERAL CONDITIONS

The present general conditions replace any other previous general conditions that differ in their content and/or obligations, which, if applicable, will be without effect.