Your contract is always subject to Clearwire's most recent Terms and Conditions which are published on this website.
The Internet access service that CLEARWIRE provides for its Customers is based on Wireless Technology. It combines the speed, security and reliability of a professional service with a very competitive price. The technical installation of this service is described in the user manual or the documents provided for the users of the service by CLEARWIRE. The purpose of the following General Conditions is to set down the modalities and conditions under which CLEARWIRE undertakes to provide this service for its Customers. The Customer’s intervention may never exceed the operations provided for and described in the installation guide supplied to the Customer.
Preliminaries
Acceptance of the present contract: This mixed Contract for the lease or sale of Equipment and Accessories and final user license constitutes a valid agreement binding the parties - CLEARWIRE and the Customer. In order to benefit from this service and sale, the Customer must accept this Contract by clicking on the button ´I ACCEPT´. By this document, the Customer acknowledges and accepts that this Contract covers all of his use of the services offered by CLEARWIRE.
Signatures and electronic Contracts: The Customer acknowledges and accepts that by clicking on the I ACCEPT button or on similar buttons or links as designated by CLEARWIRE to indicate his approval of any text above, he accepts a Contract that imposes a legal obligation upon him. By this document, the Customer accepts the use of electronic communications to conclude Contracts or send orders, as well as to send notifications, directives and registrations of transactions initialized or effected by CLEARWIRE. Moreover, in accordance with the laws currently in force, the Customer hereby renounces the rights or obligations he might enjoy in virtue of other laws or regulations requiring an original handwritten (not electronic) signature, or the transmission or preservation of non-electronic registrations.
Article 1 – Definitions
Accessories - this means the items purchased by the Customer from CLEARWIRE, such as - the Ethernet card (communications interface between the computer and the Network, using the Ethernet standard for the exchange of information between the Customer’s computer and the modem) - the cable between the Equipment and the computer, wall mounted home plugs, wireless access point…
Customer - the person who subscribes to the Service and the lease or sale.
Contract - the present General Conditions, the electronic order form signed by the Customer, the fast installation guide and the current Price List. Each element forms an integral part of the Contract.
Equipment - the equipment required for the implementation of the Service, being the wireless modem and the Logs.
Internet - the global data exchange Network accessible to any computer user who has the necessary materials.
Software - all the elements included in the Equipment that are protected by an intellectual right, as well as all the documentation provided for the Customer.
Price(s) - the price(s) due for the Service and lease or sale, as stipulated in CLEARWIRE’s Price List.
Network - the Telecommunications Network used to supply the Service to the Customer.
Service - the connection of the Customer’s personal computer to CLEARWIRE’s Telecommunications Network and the connection of that same computer to the Internet, which the Customer has subscribed to and as supplied by CLEARWIRE.
Wireless - the technology used to supply the Service.
VZW Preventel – the not for profit organization (VZW/ASBL) Preventel with registered seat at 1930 Zaventem, Leuvensesteenweg 533, created for the purpose of collecting, managing and maintaining a database for the common use of its members in order to fight and prevent proven or recognized cases of fraud and non-payment committed by (potential) customers on the Belgian telecommunication networks. CLEARWIRE is a member of the VZW Preventel. Al correspondence addressed to the VZW Preventel should be send to the following address: Uitbreidingstraat 84, bus 3, 2600 Berchem.
Article 2: Purpose
2.1. CLEARWIRE undertakes to supply the Customer, who accepts, the Service specified in the online order form. The Service will be supplied subject to the terms and conditions of the Service.
2.2. CLEARWIRE sells or leases the Equipment and the Accessories under the conditions stipulated in the Terms and Conditions and at the request of the Customer. CLEARWIRE will also install the Equipment, depending on the option selected by the Customer. When subscribing to the Service, CLEARWIRE will supply the Customer with all the instructions and information required for the proper use of the Service.
Article 3: Subscription to the Service
3.1 The person wishing to subscribe to the Service must request it through CLEARWIRE’s sales channels order form or public online order form. This online order form must be filled in entirely and correctly. These details must be confirmed by an official identity document. This order form will also mention the address of the building where the CLEARWIRE modem will be used, as well as the services which are the subject of the Subscription. The Customer expressly confirms that his personal details are accurate and in accordance with reality and he will immediately inform CLEARWIRE of any changes thereto. CLEARWIRE will only provide postpaid services if the person wishing to subscribe can demonstrate by any official means (e.g. via an official identity document, via an electricity bill sent to him or via a declaration of his employer) that he has an official address in Belgium, lives in Belgium and/or is entitled to stay for a longer period in Belgium. He undertakes to inform CLEARWIRE immediately of the fact that this would no longer be the case, in which case CLEARWIRE can require from the Customer to use prepaid services.
3.2 CLEARWIRE may refuse the Customer’s request for one of the following reasons:
a. the Customer’s computer installations and/or telecommunications installations, particularly the Network, do not make it possible to supply the Service, or only with difficulty, according to the opinion of CLEARWIRE’s technical department. No ´roaming´ between towns is possible; the Service may only be activated in the town in which the Customer has subscribed to it.
b. the Customer or his agent, if any, refuses to identify himself and produce proof of a permanent domicile or residence in the European Union, based on official documents
c. the Customer does not honor the obligations incumbent on him under another agreement relating to a service provided by CLEARWIRE.
d. the customer is using his connection to offer third party services or is making use of the connection for non-residential purposes, e.g. over consumption on the monthly volume limitations.
e. there are serious indications of solvency problems.
f. if the Client appears in the common database of the VZW Preventel
3.3 If the Customer is not listed in CLEARWIRE’s database as a Customer, he may only subscribe to the Service by appearing in person at a CLEARWIRE sales outlet, or via the site http://www.clearwire.be/ or by telephone.
Article 4: Obligations of the Customer
4.1 The Customer alone is responsible to CLEARWIRE for the use of the modem.
4.2 Any person who has requested a modem, or a modification to his modem, and who decides otherwise before the delivery or activation of that modem must reimburse CLEARWIRE for the costs already incurred. Ceilings have been set for these costs at the amounts set down in the Price List for access to the Service. The modem may only be sent by CLEARWIRE to any third party other than the Customer after production of his identity card or passport.
4.3 The amounts due under the Subscription will be available in the online individual self-care environment from the customer. The designation of a paying third party does not exonerate the Customer from his obligation to pay if the former defaults on payment. The paying third party acquires no right to the modem.
4.4 If the Customer leaves or sells his home or his business without cancelling or giving up his Contract, he remains responsible for paying the sums due to CLEARWIRE until the Contract and use of the modem come to an end.
4.5 CLEARWIRE must immediately be informed in writing (normal) of any change made to any of the Customer’s identification details.
4.6 Unless expressly commissioned by CLEARWIRE, it is forbidden for the Customer to modify the modem. He must look after, with all due diligence, CLEARWIRE’s Equipment located in the premises he occupies either alone or in common with other persons. The Customer may not interrupt the traffic on the Network, nor endanger the Service by his action or omission. The modem will not be replaced during the course of the Contract because of technological developments.
4.7 Only CLEARWIRE’s modems may be connected up to the Network. The costs that CLEARWIRE might have to bear as a result of a violation of this provision will be paid by the Customer.
4.8. For the modem, the Customer is obliged to obey the technical instructions in order to prevent disruptions to the Network. CLEARWIRE may invite the Customer to reduce the number of units connected to the modem if it discovers that the technical instructions are not being obeyed. The costs that CLEARWIRE might have to bear as a result of a violation of this provision will be paid by the Customer.
4.9 The Customer must allow unimpeded access to staff members working for CLEARWIRE, who prove their identity, during normal office hours, at the places occupied by the various components of the modem.
4.10 In order not to disrupt the proper operation of the Service, the Customer is obliged to adjust the number of users connected to the modem and the volume of traffic to flow through it. To this end, the Customer may be obliged to take the measures prescribed by CLEARWIRE. The same obligations shall apply to him if he undertakes an action likely to involve intensive use of the modems, even if only
4.11 The Customer expressly acknowledges that:
- the Software is and remains the property of third parties and CLEARWIRE, who are the proprietors of the intellectual rights pertaining thereto, even if the Equipment is sold to the Customer;
- he only has a license to use the Software, which is valid throughout the period when the Software is protected by intellectual rights.
With that acknowledgement in mind, the Customer undertakes not to copy the Software other than for backup purposes, not to modify the Software and, furthermore, to abide by all the specific license conditions which will be communicated to him when installing or downloading certain items of Software. If the Customer decides to use this Software, he will be considered to have accepted the specific license conditions pertaining thereto.
4.12 The Customer undertakes to use the Service subject to the conditions set out in the Contract and declares that he knows and accepts the rules for use in force on the Internet.
4.13 The Customer declares that he has studied the fast installation guide and that he knows how the Service functions. The Service is provided for the connection of a number of PCs defined in the description of the Service. The Customer is forbidden to use a dynamic IP address permanently in such a way that he would have a fixed IP address, or to use a fixed IP address. If the Customer were to violate this interdiction, CLEARWARE may, at its sole and entire discretion, terminate the present Contract at the liability of the Customer, immediately and without prior notice of default.
4.14 The Customer is solely responsible for the contents of his Web site, the information he imparts in the discussion forums and in general for the use he makes of CLEARWIRE’s services. The Customer holds CLEARWIRE harmless from any lawsuits or claims by third parties for violations of their rights through the Customer’s site, through the imparting of information by the Customer in the discussion forums, and more generally through the use of CLEARWIRE’s Services or resulting from the measures taken by CLEARWIRE to remedy such alleged violations.
4.15 The Customer declares that he has all the authorizations required for the contents he distributes on his Web site or which he inserts in the discussion forums, for the whole world and for the entire duration of the distribution or insertion and declares that he abides by the legal prescriptions in force.
4.16 The Customer is obliged to make a backup of his entire system and all his data before installing the Equipment and the Accessories. He shall take all the necessary steps to ensure that his hard and software are compatible with those of CLEARWIRE, particularly with regard to his anti-virus systems.
4.17 The Customer is obliged to take all measures necessary to prevent fraudulent intrusions into his computer system, in particular by installing an adequate firewall.
Article 5: Prices and invoicing
5.1 The Price for the Service includes:
- the charges for activating the Service
- the monthly fee for supplying the Service, appearing in CLEARWIRE’s price list
- the provision of a modem which is either sold or leased on a monthly basis throughout the lifetime of the Contract.
With regard to activation, the price varies according to the type of activation chosen by the Customer (some of which are free of charge), and the day and time of activation (higher cost for weekends and outside working hours). Invoicing is done on an hourly basis, plus travel costs. The Customer is responsible himself for the installation and to this end he either takes delivery of the Equipment from CLEARWIRE or one of its sales outlets, or he has it sent by special courier at his own expense. The fast activation dates/times communicated by CLEARWIRE are indicative, taking account of human factors and computer systems. CLEARWIRE’s various offers for activation are described in the user manual or the documents provided for the Customer. Any new activation effected by CLEARWIRE will be invoiced on the basis of the activation prices currently in force, and will in no way be reimbursed upon actual consumption by the Customer. If Accessories are purchased or leased from CLEARWIRE, the Customer is liable for the prices of such Accessories. This price does not cover installation by CLEARWIRE. Their installation by CLEARWIRE is subject to the conditions pertaining to offers of installation.
5.2 The sums due to CLEARWIRE are invoiced in advance by CLEARWIRE. In exceptional circumstances, CLEARWIRE can allow for the monthly fee for supplying the Service to be invoiced at the end of the month. With regard to leasing, the Customer will be liable for a deposit representing the value of the modem, which will be reimbursed to him when it is returned undamaged. The subscription to the Service will be invoiced in advance. The additional volume will be invoiced afterwards in accordance with the rates in force. Invoices will be available to the Customer exclusively via the online customer self care section in “My Account” on the Belgian CLEARWIRE website.
5.3 Subscription to CLEARWIRE’s Service is only possible if the Customer accepts the following payment methods:
- for activation of the Service and provision of the modem: Only by credit card, bank contact payment or direct debit to the account number indicated by CLEARWIRE, mentioning references
- for the monthly fee for providing the Service: only by credit card or direct debit.
The choice of payment method is made by the Customer on the electronic order form. If the Customer chooses to pay via direct debit, the Customer provides a signed “direct debit mandate” to CLEARWIRE at activation of the Service or at receipt of the Clearwire modem. If Clearwire has not received the signed direct debit mandate, then Clearwire is entitled to immediately terminate the Contract.
5.4 If the Customer cancels the Contract after expiry of its initial period, the subscription fees already paid or invoiced and relating to the period of time following termination of the Contract will remain the property of CLEARWIRE and no reimbursement thereof may be claimed by the Customer.
5.5 Invoices are directly due. If an invoice is not paid by its due date, Clearwire reserves the right to suspend and/or disconnect the Service without any notice.
5.6 If an invoice remains unpaid after its due date, the Customer is responsible for interest on overdue payments, calculated at a rate of 12% p.a., as from the due date, together with a fixed indemnity of €10 for each unpaid transaction.
5.7 If the total volume of consumption exceeds the volume included in the price for the subscribed Service, the Customer undertakes, at the invitation of CLEARWIRE, to opt for a new Service configuration that is more in line with the volume consumed. If the Customer does not change the Service configuration, CLEARWIRE will invoice the additional volume of traffic on the basis of the prices in force. CLEARWIRE will inform the Customer on how to change the configuration.
5.8 If the volume of Internet consumption exceeds the volume agreed in the subscribed Service, CLEARWIRE will in compensation be authorized to reduce the maximum speed of the Service until the end of the current calendar month or to block the connection in case of abusive use without any notice.
5.9 In case of proven or presumed fraud or serious doubt as to the solvency of the Customer, CLEARWIRE reserves the right to demand an unconditional bank guarantee, which can be called in at first request, from the Customer who holds more than one modem. Without prejudice to Article 17, CLEARWIRE reserves the right to suspend the service totally to the Customer who refuses to produce the proof of the existence of that guarantee within three working days following CLEARWIRE’s demand.
Article 6: Disputes over invoices
6.1. In case of a complaint about an invoice, the Customer is obliged to mention the heading and amount disputed. The obligation to pay the disputed sum will then be suspended, provided the complaint has been sent to the local department or the Telecommunications Arbitration Service. The part that is not disputed must be paid within the usual deadline. If CLEARWIRE rejects the complaint, the disputed sum becomes payable immediately. The payment deadlines for that sum are stated in the e-mail setting out CLEARWIRE’s decision.
6.2. All disputes sent to CLEARWIRE about invoices are immediately examined thereby. If it turns out that the Customer has wrongly disputed the two preceding invoices, or three of the six last invoices, CLEARWIRE reserves the right to demand full payment of the new disputed invoice. Furthermore, investigation costs may be charged if it turns out that the new complaint is unfounded.
6.3. In order to be acceptable to CLEARWIRE, any complaint relating to sums that have been invoiced must be introduced within the 10 calendar days following the date when the invoice was drawn up, without prejudice to the exercise of other means of legal recourse.
Article 7: Responsibility of CLEARWIRE and guarantee
7.1 The responsibility of CLEARWIRE is accepted if the Customer dies or suffers physical harm following an error or negligence by CLEARWIRE. In such a case, the provisions of Articles 7.3 and 7.4 do not apply. CLEARWIRE is not responsible for the damage due to the Customer’s failure to honor his obligations.
7.2 CLEARWIRE is not responsible for the content of the communications or messages, nor for the integrity of the data transiting through its Network. It is moreover not responsible for the services, or their invoicing, when the latter are offered by third parties that can be accessed through its Network. CLEARWIRE does not guarantee and is not responsible for the services offered or the information distributed through its Network. CLEARWIRE is not responsible for transactions between a third party and the Customer. Under no circumstances is it party to any Contract concluded between a third party and the Customer, unless stated otherwise.
7.3 Without prejudice to the provisions in the preceding paragraphs, CLEARWIRE’s responsibility is accepted only in cases of fraud or serious misconduct committed at its initiative or at the initiative of one of its employees. Its responsibility is limited only to repairing damage that was foreseeable, direct or personal and to certain damage suffered by the Customer, excluding the repair of any indirect or intangible damage, such as additional expenses, loss of income, loss of profits, loss of customers, or the loss or degradation of data and loss of contracts.
7.4 In any cases where CLEARWIRE might be declared responsible, its responsibility towards the Customer is limited to €25,000 (twenty-five thousand Euro).
7.5 With regard to the Equipment and Accessories sold by CLEARWIRE, without prejudice to Articles 1641 to 1648 of the Civil Code and the law of 25 February 1991 relating to responsibility for defective products, CLEARWIRE grants exclusively by way of guarantee that which is granted by the manufacturer within the limits stated by the latter and for a maximum period of one year from the date of purchase.
7.6 CLEARWIRE only guarantees compatibility with its Service of hardware which complies with the standards in force and with the technical specifications of the Network interface as published and regularly updated by CLEARWIRE. CLEARWIRE does not guarantee that all the Internet applications will function on the CLEARWIRE Network on account of their own specificities, technology, topology and configuration and is authorized to block certain applications or certain Internet portals.
7.7 CLEARWIRE has no ´obligation of result´ to any of its Customers to for the theoretical speed, only a ´obligation of means´, of best effort, particularly with regard to Customers at the limit of the Network, information about which can be obtained from the Helpdesk.
Article 8: Responsibility of the Customer
8.1. The Customer alone is responsible to CLEARWIRE for the use of the modem.
8.2 The Customer must take all due care and diligence to ensure the Service is used properly. The transfer of ownership and risks relating to the Equipment and/or the Accessories takes place at the time of delivery.
8.3 Communication by the Customer of confidential data concerning him, or which the latter considers as such, through the Service takes places at his own risk and peril. The Customer shall take all the measures necessary to protect the confidential and integral nature of his data. Under the terms of the legislation in force and the present Contract, CLEARWIRE is not responsible for the disclosure of confidential data stored on its computer system. The Customer shall also provide for the protection of his data and his software against any viruses.
8.4 The Customer alone is responsible for any prejudice, whether direct or indirect, tangible or intangible, caused by him or a third party using the Service to CLEARWIRE or third parties. The Customer undertakes to reimburse CLEARWIRE for any demand, complaint, court order to pay damages and interest that might be made against CLEARWIRE as the result of the behavior or messages that the Customer or any third party using the Service subscribed by the Customer might distribute on the Internet or of a violation of the intellectual rights of third parties by the Customer or any third party using the Service subscribed by the Customer.
Article 9: Maintenance
9.1 If the conditions for operating or organizing the Network so demand, CLEARWIRE may unilaterally modify the technical characteristics of the Service.
9.2 CLEARWIRE reserves the right to interrupt or limit the Service for maintenance purposes, to make adjustments or in cases where the use or dysfunction of the Service creates a disruption to this Service or other CLEARWIRE services. CLEARWIRE will make sure that it reduces it to the time needed to carry out the work. CLEARWIRE will not be liable for any indemnity or damages of any kind for such interruptions or limitations.
9.3 CLEARWIRE reserves the right to access the Customer’s modem remotely for the purpose of carrying out maintenance, configuration or monitoring operations. If necessary, the Customer must grant access to his personal CLEARWIRE equipment. The staff member from CLEARWIRE will have to prove his identity.
Article 10: Helpdesk
CLEARWIRE provides a Helpdesk for the Customer. CLEARWIRE’s Helpdesk is available to deal with problems relating to the provision of the Service. CLEARWIRE will make the reasonably necessary efforts to resolve the Customer’s problems. The Customer has a single contact point for his connection and his Internet access.
Article 11: Equipment
11.1. The Customer must allow unimpeded access to staff members working for CLEARWIRE, who prove their identity, at any convenient time, to the places occupied by the various components of the Service.
11.2. Unless installation is done by the Customer himself, the functioning of the service will be tested at the time of installation. If at that time the Customer has not made any remarks about the functioning of the Equipment, he acknowledges having received the Equipment in good operating condition without any apparent defects or faults.
11.3. The Customer may not make any modification to the modem that would be likely to disrupt the Network.
11.4. If the Customer returns an item of Equipment that is defective or shows signs of deterioration not caused by the Customer, he will be given a replacement. If access is not available in the Customer’s region, the Equipment must be returned within no more than 10 days, without prejudice to the application of Article 19.
Article 12: Code of conduct applicable to the Customer
12.1 It is forbidden to use the Service for illicit purposes, in particular:
a) The Customer must abide by the legislation in force when transmitting data through the Service. Forbidden data includes notably, but not exclusively, information that is illicit, improper, obscene or defamatory, commits a breach of the peace and/or good manners, violates the privacy of users or incites racial hatred and xenophobia.
b) The Customer will ensure that he respects and does not violate the intellectual rights of CLEARWIRE or third parties, including copyright.
c) The Customer also undertakes not to send unsolicited mail or information.
d) The Customer is forbidden to commit acts of computer piracy, or "hacking" against CLEARWIRE’s system or any other system. He shall also refrain from any "peer-to-peer" activity, any illegal downloading/uploading of music, films, etc.
e) The Customer undertakes to abide by the ISPA Code of Conduct, and particularly the clauses relating to the proper use of the Internet.
12.2 It is forbidden to use the Service for any activity whose purpose is:
a) to illegally access the data of the connected Networks;
b) to undermine the proper functioning of the Service or to endanger the use or performance capabilities for other Customers, in particular by generating very large quantities of unjustified traffic (flooding, spamming, port-scanning, etc.);
c) to damage or destroy the integrity of computer data.
12.3 The Customer undertakes to abide by the rules of Netiquette and the Acceptable Use Policies in force on the Networks he will access through the Service.
12.4 CLEARWIRE invites the Customer to warn it of any illicit content that might be available from his Network, so that CLEARWIRE can take the necessary and appropriate measures to remove that information or make it inaccessible.
12.5 CLEARWIRE may not be held responsible for violations committed by third parties or by the Customer through its services. If the Customer, or a person using the Service subscribed by the Customer, were to contravene in any way the stipulations of Articles 12.1 and 12.2, CLEARWIRE would have the right to suspend provision of the Service and cancel the Contract at the liability of the Customer, immediately and without giving notice of default.
12.6 Open relay/Open proxy In order to prevent abuses of the Network by spammers or hackers, the Customer undertakes to take the necessary measures to protect his systems against open relay and open proxy. The terms ´open relay/open proxy´ are taken to mean systems that send e-mails or which allow other connections that are not destined for those systems and which for this reason make it possible to send a large quantity of unsolicited e-mails or to abuse the Customer’s system in some other way. In order to protect the Customer against abuses of his system and the Network, CLEARWIRE reserves the right to check proactively whether the Customer has taken measures to protect his system against open relay/open proxy.
Article 13: Privacy and confidentiality
13.1. The personal data relating to the Customer are recorded in CLEARWIRE’s files and are processed:
- for the purpose of setting up the connection to the Network and, subsequently, to enable the proper functioning of the Service;
- for the purpose of sending, obtaining payment for and checking invoices;
- in the context of the contractual relationship with the Customer (for example, in exchanges of e-mails or in cases of dispute);
- for the purpose of conducting information or promotional operations on the products and services offered by CLEARWIRE, also by SMS or e-mail. Customers who do not wish to be contacted by CLEARWIRE in the context of direct commercial prospecting campaigns may at any time request CLEARWIRE to put them free of charge on the list provided for this purpose;
- for the purpose of combating fraud and violations against CLEARWIRE, its employees or its Customers;
- for the purpose of monitoring the quality of its services;
- for market surveys.
13.2 CLEARWIRE undertakes not to communicate personal information about Customers to third parties unless it is:
- at the order of the competent legal authorities;
- to give its files to third parties working on behalf of CLEARWIRE. In all cases, access by these third parties is limited to the information they need to carry out their mission for CLEARWIRE.
13.3. The details of the Client who does not comply with his payment obligations, are communicated by CLEARWIRE to the VZW Preventel that will register these details in its database for the common use of its members. The registration is notified to the Client in advance. The Client has the right to consult the registered data and, if necessary, to request the rectification of errors with respect to his details. Every request for consultation or rectification has to be addressed to the VZW Preventel at the following address: Uitbreidingstraat 84 bus 3, 2600 Berchem, Belgium. If the (potential) Client beliefs that his registration in the Preventel database is not justified, he can address a motivated complaint to the VZW Preventel at the address mentioned above.
13.4 In accordance with the law of 8 December 1992 relating to the protection of privacy with regard to the processing of personal information, the Customer proving his identity may obtain free of charge from CLEARWIRE by means of an e-mail addressed to CLEARWIRE Privacy service (Legal Department) written communication of the personal information concerning him as well as, if necessary, the correction of any information that might be inexact, incomplete or not pertinent,
13.5 CLEARWIRE does not examine information not intended for it, or information that the Customer might entrust to the Internet (for example, via e-mail, discussion forums, Web sites with limited access) via its services or information that results from the direct use of the Internet by the Customer, except in the following cases:
- If examination of the information is necessary for the proper execution of the service, for the proper functioning of the Network.
- If CLEARWIRE has reasons to believe that such information has invited illegal or illicit activities or if a third party claims that such information violates on of his rights.
In order to maintain the proper functioning of CLEARWIRE’s Network and services, CLEARWIRE reserves the right to scan the e-mails coming from the Customer entirely automatically, in order to detect viruses. In doing so, CLEARWIRE will not examine the contents of these e-mails. E-mails coming from the Customer that are contaminated by viruses may be refused by CLEARWIRE’s e-mail server.
13.6. The Customer undertakes to keep his password and access code secret and confidential, and not to communicate them to a third party. The identification elements will be used under the sole and entire responsibility of the Customer. In case of loss, theft or fraudulent use of any of these elements, the Customer must either change his password with the aid of the tools provided by CLEARWIRE or inform CLEARWIRE thereof as soon as possible. This communication must be confirmed by registered letter. The Customer’s responsibility will only be lifted on the working day following the day of receipt of this registered letter by CLEARWIRE.
13.7. Conversations between the Customer and CLEARWIRE’s Customer Service Department may be recorded or listened into by other employees or consultants of CLEARWIRE who are not taking part in the conversations in question, for the purposes of training and supervising CLEARWIRE’s staff. The Customer has the option of refusing such monitoring by saying so at the beginning of any call.
Article 14: Force majeure
CLEARWIRE may refuse to accept responsibility in cases of delays or defects in the execution of its services if the latter are the result of facts or circumstances beyond its powers, unforeseeable and unavoidable; these include such things as general power blackouts, war, public turmoil, revolution, civil disturbances, actions by the civil or military authorities, embargos, explosions, strikes, lock-outs or social conflicts (including those involving its staff), floods, prolonged freezing temperatures, fires or storms, any breach of contract by a supplier, any running out of stock by CLEARWIRE’s suppliers.
Article 15: Transferring the Contract
15.1 The Customer may only transfer the Contract to a person domiciled or residing simultaneously at the same address. The donor and the receiver agree on the subject of the hand-over and will inform CLEARWIRE thereof under their joint signature.
15.2 If the Customer is forbidden by court order to access or stay at the address where the modem is normally situated, he will grant CLEARWIRE the right to proceed with transferring the contract automatically to the person who legally occupies the premises where the modem is located, if the latter so requests.
15.3 If the Customer dies, the Contract shall continue as part of the estate until it is cancelled or taken over by an heir, a legatee or a person domiciled or residing simultaneously at the same address as the deceased Customer, without prejudice to the cancellation of the contract by CLEARWIRE under Article 17.
15.4 Administrative costs for the transfer of the contract will be payable by the Customer, who is also responsible for the proper functioning of the modem when it is transferred and for handing over the equipment in its entirety.
Article 16: Duration of the Contract
The Contract comes into force on the day when the Customer sends the order form to CLEARWIRE.
The Contract is concluded for an initial period of 12 or 24 months, as indicated in the Contract. This period is extended by the duration of any initial promotion such as, for example, the three first months free of charge. If the Customer does not cancel it, one month at the latest before the end of the Contract’s initial period in accordance with the modalities of Article 18, this Contract will be tacitly renewed for a period of unspecified duration. If the Customer wishes to terminate the Contract before the expiry of its initial period for any reason whatsoever, CLEARWIRE will have the option automatically to demand compensation for premature breach of the Contract, as stipulated in Art. 18. This compensation is fixed irrevocably as a one-off payment of 50% (fifty percent) of the monthly fees due until the normal expiry of the Contract. After expiry of the Contract’s initial period, the Customer may terminate the Contract at any time by giving one month notice.
Any cancellation before term shall give no entitlement to any reimbursement. The termination of any contract only takes effect from the day when the Customer returns the modem.
Article 17: Suspension and cancellation by CLEARWIRE
17.1. Without prejudice to the other clauses of the Contract, should the Customer not fully comply with his obligations under the present Contract, CLEARWIRE may suspend or terminate the Service if the Customer does not remedy this non compliance within 8 days following a notification thereto by CLEARWIRE. If the suspension or the termination is the consequence of the failure of the Client to comply with his payment obligations, CLEARWIRE will, if the Client does not arrange for proper payment within 15 calendar days after the suspension or termination, communicate, the Customer’s details to the VZW Preventel for registration in its database. CLEARWIRE will notify the Customer in advance of such communication.
17.2 In the case of serious default by the Customer in fulfilling his obligations, particularly with regard to payment or manifest violation of the law or the rights of third parties, giving an invalid bank account number, failure by the Customer to abide by the Code of Conduct described in Art. 12, endangering the integrity of its services and the proper functioning of the Network, CLEARWIRE may immediately block the Customer’s access to its Network and access to the contents in question by the third parties. The Customer will be informed by e-mail of this blocking and given official notice of default in fulfilling his obligations. CLEARWIRE reserves the right, at its own initiative, to take any measures required if the integrity of its services and the proper functioning of its Network are endangered. These measures may in particular take the form of automatic activation of anti-spamming protection in case of spamming attacks that endanger the proper functioning of the Network, or suspension of the Customer’s access to its services, or suspension of access by third parties to the contents distributed by the Customer. If CLEARWIRE discovers that the Customer’s system is not protected against open relay/open proxy or if, because of an open relay/open proxy system with the Customer, CLEARWIRE’s Network and/or services are damaged - for example, because the normal e-mail traffic is blocked by a large quantity of e-mails or because the Customer’s system is being used by hackers - CLEARWIRE reserves the right to suspend the services provided for the Customer entirely or partially, without prior notice. The Customer will be informed of the suspension by e-mail or ordinary post. The services will be resumed when CLEARWIRE receives written confirmation from the Customer that the necessary protection measures have been taken. If, within five working days starting from the day after the official notice of default was sent, the Customer does not fulfill his obligations and has not formally undertaken to fulfill them in the future, CLEARWIRE will have the right to cancel the present Contract. Cancellation of the Contract shall give no entitlement of any kind to the Customer to claim damages and interest.
17.3 If CLEARWIRE receives a complaint from a third party, in any form whatsoever, claiming that the content inserted by the Customer or that the Customer’s use of CLEARWIRE’s services is violating one of his rights, CLEARWIRE may, at its discretion and without entitlement for the Customer to damages and interest, withdraw the content inserted by the Customer and considered by the third party as violating his rights, or may provisionally suspend the Customer’s access to CLEARWIRE’s services, after giving official notice of default by e-mail and/or by ordinary post and receiving no adequate response within five working days starting from the day after such notice was sent. If the Customer does respond, CLEARWIRE has the right to send the complainant any evidential documents produced by the Customer. If the complainant does not consider the documents satisfactory, CLEARWIRE will have the right, as the case may be, without giving entitlement to the Customer to damages and interest, to withdraw from the discussion forum the content considered by the third party as violating his rights, or to provisionally suspend the Customer’s access to CLEARWIRE’s services. This provision applies, whatever the content described in the complaint, including particularly the hyperlinks and documents inserted by the Customer in his communications to the discussion forum.
17.4. The provision of hosting services and discussion forums may be suspended in case of force majeure or the occurrence of an event beyond the control of CLEARWIRE, or for maintenance operations or in case of breakdown. Interruptions give no entitlement to compensation. In this case, CLEARWIRE will make every effort to inform the Customers, within reasonable time, of any interruptions occurring, as well as to limit the duration of interruptions to a minimum.
17.5. Suspension of the Service will come to an end when the Customer fulfills his obligations. The Service will be resumed when the Customer pays the costs of activation indicated in the Price List.
17.6 Payment of the price for the Service remains due and payable throughout the period of suspension of the Service.
17.7. Without prejudice to the other provisions of the Contract, if the aforementioned Customer has not rectified his situation within fifteen calendar days of the total suspension, CLEARWIRE may cancel the Contract ipso jure, giving at least fifteen calendar days´ notice by registered letter.
17.8 CLEARWIRE may, ipso jure and without notice of default, cancel the Contract in case of the Customer’s decease, bankruptcy or liquidation, or if the Customer moves to an area not covered.
17.9 CLEARWIRE may terminate or suspend provision of the Service in case of an order or injunction issued by an administrative or judicial authority. In such cases, the Customer may not make a claim for compensation.
17.10 The termination only takes effect from the day when the Customer returns the modem. The Customer will remain liable for the administrative costs of cancellation, in accordance with the applicable rates.
Article 18: Cancellation by the Customer
If the Customer cancels the Contract at least one month before the expiry of its initial period, by calling Clearwire Customer Care, for any reason whatsoever, he will be liable to CLEARWIRE to pay compensation for breach of the Contract, fixed irrevocably as a one-off payment of 50% (fifty percent) of the monthly fees due until the initial expiry of the Contract. This compensation for breach of contract is not due if the Customer finds another Customer with whom CLEARWIRE will conclude a new Contract. The cancellation only takes effect from the day when the Customer returns the modem.
Article 19: Return of the modem
19.1 If the Contract is cancelled by either of the parties, Clearwire will arrange the modem retrieval with the customer. The customer needs to call Clearwire Customer Care to arrange the modem retrieval.
19.2 The Customer must return the modem in its original packing and in good operating order. The Customer remains responsible for the modem until the receipt and acceptance of the modem by CLEARWIRE and after inspection of the material. CLEARWIRE reserves the right to charge the Customer for any damage detected in the modem or its original box.
19.3 If the Customer does not return the modem in accordance with the modalities described above, CLEARWIRE and the Customer now agree, expressly and definitively, that the latter will be presumed to have purchased this modem and that CLEARWIRE will make a one-off charge of €250 for that purchase, unless the modem was sold when the Customer subscribed to the Service.
19.4 All the costs of collecting the modem shall be borne by the Customer, including the costs arising from any procedure undertaken by CLEARWIRE to collect the modem.
Article 20: Notifications
CLEARWIRE and the Customer agree that any communication between them will be made exclusively via CLEARWIRE’s e-mail address, by secured e-mail having the same legal value as a written or signed letter, except for those notifications by ordinary mail or registered letter described in the present document. The Customer will be given a postal address by CLEARWIRE, which will serve for the said communications between the parties, including the invoices, changes to the current prices, General Conditions, etc.
Article 21: Administration of proof
21.1 CLEARWIRE and the Customer agree to say that the information relating to the communications, Contracts and payments stored by CLEARWIRE on a durable and incorruptible medium have probative force until proven to the contrary.
21.2 CLEARWIRE is not bound by any agreements that the Customer might have made with the aid of the Service with service-providers who might set up other conventional methods of proof.
Article 22: Generalities
22.1 Any previous agreements and contracts, whether verbal or written, are considered as null and void and are entirely replaced by the terms of the present Contract.
22.2 Any provision in the Contract that proves to be legally erroneous or inapplicable does not in any way undermine the validity of the other provisions.
22.3 The validity of the Contract subscribed by a minor is subject to the written approval of one of his/her parents or his/her guardian. This authorization must be sent to CLEARWIRE together with the present Contract.
22.4 The costs that CLEARWIRE might have to bear as a result of a violation by the Customer of terms of the Contract will be paid by the Customer.
Article 23: Arbitration procedure and settlement of disputes
Complaint made to CLEARWIRE
23.1 In case of difficulty in the performance of the Contract, the Customer is invited to consult CLEARWIRE’s local service.
23.2 Complaints relating to any unjustified failure by the modem to operate must be made within five calendar days of the failure. If the complaint is made after that time, the period between the fifth day and that on which the complaint is made will not be taken into account for the calculation of any indemnity.
Complaint made to the Telecommunications Arbitration Service
23.3 The Client may address his complaint to the Telecommunications Arbitration Service, legally instituted with the Belgian Institute for Postal and Telecommunications Services. The Telecommunications Arbitration Service operates entirely independently of CLEARWIRE. Within the limits of its powers, it receives no instruction from any authority.
23.4 The address and telephone number of the Arbitration Service are mentioned in the information pages of telephone directories and will be given to the Customer at his request by CLEARWIRE. The Customer may, at his discretion, turn to a French-speaking or a Dutch-speaking arbitrator.
23.5 Only written complaints will be admitted. Nevertheless, the Customer may consult the Arbitration Service verbally in order to be informed as well as possible about his interests.
23.6 Complaints are only admissible if the Customer can show that he has already approached CLEARWIRE about the matter beforehand.
23.7 The Telecommunications Arbitration Service may refuse to deal with a claim if it relates to facts that arose more than one year before the complaint was made. Examination of a complaint will come to an end if the matter goes to court.
"Ombuds service for telecommunications, 1 Barricadenplein, 1000 Brussels, phone 02/209 15 12 fax 02/219 86 59, klachten@ombudsmantelecom.be, http://www.ombudsmantelecom.be/"
Article 24 : Applicable law and jurisdiction
The provisions of the present Contract are subject to Belgian law. Any dispute relating to the interpretation or application of the present Contract that cannot be resolved amicably between the Parties is subject to the exclusive jurisdiction of the courts of Brussels.
Article 25: Modifications to the conditions of the Contract
CLEARWIRE undertakes to inform the Customer at least 15 calendar days beforehand, by any appropriate means, of any modifications to the conditions of the Contract or to the prices. Thus, the current prices, the General Conditions and the Special Conditions may be modified during the lifetime of the Contract and may be consulted in their latest version on CLEARWIRE’s site: http://www.clearwire.be/. Information of these latest changes by e-mail and/or by the invoices, which will invite the Customer to consult CLEARWIRE’s site: http://www.clearwire.be/, is i.e. considered to be an appropriate means. If the Customer, when a modification to the General Conditions, Special Conditions or the prices is made, does not accept the new conditions, he may cancel his Contract without being liable to pay compensation for breach of contract as described in Article 15, provided he gives at least 4 calendar days´ notice before the modification notified comes into force, either by registered letter or personally at one of CLEARWIRE’s sales outlets. In the latter case, the Customer will be given an acknowledgement of receipt.
22 October 2008
