General Conditions

General section

The customer is deemed to agree to the contents of these general terms and conditions by using the Citymesh Internet regardless whether this is via a Citymesh Internet account. CITYMESH NV undertakes, through any means it deems appropriate, to inform the customer of the changes in these general terms and conditions. Unless protested in writing, the customer is deemed to agree with the content of the changes to these general terms and conditions if he / she after being informed by CITYMESH NV of the aforementioned changes makes use of Citymesh Internet. This notification is done on the website www.citymesh.be. The Citymesh Internet Service is provided by CITYMESH NV, in accordance with the applicable laws and decrees.

The general terms and conditions: The general terms and conditions list the rights and obligations of CITYMESH NV and its customers within the context of the provision of the Citymesh Internet Service and the rental/sale of accessories/peripheral equipment.

Lexicon

'The Internet Service' = 'the Citymesh Internet Service' is the service that is operated by CITYMESH NV that allows wireless surfing within a certain coverage area following the purchase of surf credit

'Customer' is the natural person who uses the Service for purely non-professional purposes.

'CITYMESH' is CITYMESH NV, a public limited liability company under Belgian law, with registered office at Siemenslaan 13, 8020 Oostkamp, which operates and commercialises its services under the registered trademark and trade name CITYMESH.

The 'Citymesh Network' is the data network operated or used by CITYMESH NV that enables Citymesh to provide its services.

The "account" is a virtual account with a self-chosen user name and password to which surf credit can be added and the surfing data of which are stored in accordance with European directives.

The 'device' means any device that can obtain an IP address.

The 'coverage area' is the demarcated zone in which the customer can make use of the Citymesh Internet Service. The site shows which cities, camp sites, ports, etc. the coverage area comprises.

Article 1: performance and obligations of Citymesh internet

1.1 Citymesh internet service

Citymesh only has a means obligation and is bound to use all means necessary for the proper operation of the Citymesh Internet Service. Citymesh NV alone determines which technical means are necessary to provide customers with access to this service under the most favourable conditions.

Wireless Internet via ´the 802.11 g & n protocol´ is a form of wireless data communication and works by transmitting radio signals over the following frequencies: 2.4 Ghz and 5 Ghz. Considering that an external source or obstacles inherent to buildings, vegetation or the relief of the ground can interfere with these signals, perfect transmission cannot be guaranteed everywhere and at all times. The quality of the Citymesh Internet Service also depends on the quality of the device used by the customer.

The customer obtains a dynamic/private IP address and can under no circumstances claim a public IP address.

Citymesh only supports the 802.11 g & n standard depending on the application area. Access via 802.11 a & b is not possible and is an external source of interference.

Each Citymesh account is linked to a user name and password. Citymesh reserves the right to reserve or deny the choice of certain user names if it deems this necessary. The customer must take all possible precautions to keep the user name and password secret. He/she shall be responsible for any malicious or unlawful use resulting from voluntary, accidental or unexpected communication of such data.

1.2 Top up

When the customer's surf credit is used up, this will automatically be stated when the customer logs on. The customer can top up his/her account by purchasing surf credit through an online payment or by purchasing a top up code from one of the Citymesh partners. The complete list can be found on the Citymesh site: http://internet.citymesh.be/index.php/nl/producten/verkooppunten. The user name and password will be stored in a database for at least two years if there is no activity.

1.3 Change of performance

Citymesh may change the technical properties of its performance if the operating and organisational conditions of the Citymesh Internet Service make this necessary. The customer cannot claim any compensation for the replacement or modification of terminal equipment that the customer is forced to make due to a change in the network.

1.4 Suspension of performance

Citymesh may immediately suspend the Internet Service - entirely or partially - without notice of default or compensation in any of the following cases:

- the customer does not comply with his/her contractual obligations or with the terms and conditions of use of the Service;
- there is evidence or serious suspicion of fraud;
- there are abnormal increases in consumption by the Customer (the suspension is a precautionary measure in this case);
- there is a case of force majeure;
- there are reasons related to the technical operation of the Citymesh network.

1.5 Personal data

The personal data regarding the customer and data regarding the surfing behaviour will be included in the databases of Citymesh and of the Belgian State and will be processed by Citymesh or third parties acting on its behalf, to provide the Citymesh Internet Service, for management and information purposes within the context of the relations with the customer and to conduct information or promotional campaigns related to the products or services offered by Citymesh. With respect to information or promotional campaigns related to the products offered by Citymesh, customers who do not wish to be contacted by Citymesh as part of direct commercial prospecting can, at any time and by addressing Citymesh, request to be placed on the appropriate list free of charge. The controller is CITYMESH NV with registered office at Siemenslaan 13, 8020 Oostkamp, Belgium. On a dated and signed request addressed to CITYMESH NV, the customer who proves his/her identity, may obtain from Citymesh the personal data concerning him/her and have them corrected free of charge if they are incorrect.

Article 2: rights and obligations of the customer

2.1 Code of conduct

By registering, creating an account and surfing via Citymesh Internet, the customer indisputably undertakes to comply with the Citymesh Code of Conduct (see appendix).

2.2 Normal use

The customer is solely liable vis-a-vis Citymesh for the use of the Citymesh Internet Service. The Customer undertakes to use the provided Internet Service with due diligence and exclusively for his/her own use, in accordance with the provisions of these general terms and conditions and the prevailing laws and regulations. The Service may not be used in violation of public order or public decency. The Customer also undertakes to make normal use of the Internet Service. (See enclosed Code of Conduct)

Citymesh may provide proof of the prohibited uses referred to in the Code of Conduct by any means, including data and overviews originating from its own systems or other operators of data communication networks through which the communication passed. The Customer and Citymesh consider these data and overviews to be truthful until proven otherwise. The account is intended for personal use only and may not under any circumstances be used for reselling communications, VoIP applications or rerouting. The customer undertakes to respect the intellectual and other rights of third parties. Unless explicitly agreed otherwise by Citymesh, the Customer is prohibited from sending spam messages to third parties via the Citymesh network under penalty of immediate and final termination of the account and without any right to reimbursement of the remaining credit.

Subject to Citymesh’s explicit, written and prior consent, the customer is prohibited from commercialising the Service, in whole or in part, be it directly or indirectly.

2.3 Right to retract

When the Contract is remotely concluded, the customer has the right to inform Citymesh that he retracts the Service, without payment of a penalty and without giving a reason, within 7 working days from the day following the conclusion of the Citymesh Internet Service, unless the customer has already activated the service. Within 7 working days after the customer has notified Citymesh that he wishes to retract the Service, Citymesh shall refund any costs already paid by the customer.

2.4 Computer

The customer undertakes to use only appliances that are in perfect working order and that are approved in accordance with Belgian regulations. Connecting devices and accessories or connecting equipment to any of the above that could cause interference within the Citymesh network or within the Internet Service is prohibited

Citymesh has the right to take all necessary measures, such as immediate suspension without any prior warning, to secure the Citymesh network if it is determined that the device, or connected equipment or accessories, causes or may cause interference, or that a device is of questionable origin.

2.5 Information on the account's available credit

The customer can consult the remaining surf credit at any time via the Citymesh info console that is opened during active surf sessions. In addition, he/she can always contact the Citymesh helpdesk to request this information. For reasons of confidentiality, information regarding the surf credit can only be provided after answering a number of additional questions regarding the user's account.

2.6 Refund / compensation

If the customer's account has been debited by an online payment and the customer can provide proof that the surf credit was not topped up despite the payment, the customer is entitled to a refund. However, Citymesh will strictly check this evidence

In case Citymesh cannot properly provide the announced internet services and the customer cannot make proper use of the internet, in case Citymesh cannot sufficiently meet the created reasonable expectations or in case of persistent technical malfunctions, the customer can request compensation or a refund of the remaining credit. However, Citymesh reserves the right to autonomously determine what is to be understood by 'properly', 'in a proper manner' and 'reasonable expectations'. When the customer is not satisfied with Citymesh's assessment of the requested refund or compensation, he/she must use the complaints and dispute procedure of Article 5.

In the event of a refund, the account will automatically be blocked and will no longer be available.

2.7 Payment terms

All ticket purchases at a point of sale must be settled immediately. For all other services, the customer will receive an invoice with a payment term of 30 days unless stated otherwise on the invoice.

Article 3: liability of Citymesh

3.1 Cases

Citymesh cannot be held liable in case of improper use of the Citymesh Internet Service, if the account does not function in a device that is not approved by the competent authorities, or in case of a malfunctioning of the accessories/peripheral equipment (e.g. the network card) of the computer.

3.2 Liability of citymesh wireless bridge

Citymesh is fully discharged from any product liability with respect to the Citymesh Wireless Bridge with cable and Citymesh Wireless Bridge without cable. In addition, special conditions apply to rental or purchase. The customer who rents/purchases the Wireless Bridge tacitly agrees to the special terms and conditions of the Wireless Bridge that can be found in the manual and that were drawn up by Citymesh. Under no circumstances shall Citymesh be held liable when the use of a Citymesh Wireless Bridge does not improve the Internet connection.

3.3 Data traffic content

Citymesh is not liable for damage resulting from the content of data traffic. It cannot be held liable for the services (or the invoicing of such services), if they are offered by third parties and are accessible via the Citymesh Internet Service.

3.4 Third parties

Citymesh rejects any liability for damage resulting from the intervention of third parties.

3.5 Indirect or immaterial damage

In no case shall Citymesh be liable for indirect or immaterial damage, such as additional costs, lost revenues and profits, loss of customers, the loss or corruption of data and the loss of contracts.

3.6 Loss/fraud of user name and password

In case of loss or fraud of the user name and/or password by a Citymesh Internet customer, Citymesh is in no way responsible and shall not refund any credit used by others.

3.7 Breakdowns

Citymesh is not liable for breakdowns of the network due to unforeseen circumstances, necessary maintenance work, cases of force majeure such as storms, bad weather or other natural phenomena, damage to the infrastructure caused by third parties, etc.

Article 4: liability of the customer

4.1 Unlawful conduct

The customer is liable towards Citymesh for any direct or indirect damage resulting from his/her unlawful conduct and must compensate Citymesh for any damage caused by it. A minor mistake is enough to hold him/her responsible.

4.2 Damage to citymesh/third parties

The customer is liable for all damage, of whatever nature, caused to Citymesh or third parties due to the use, by whomever and on whatever device, of the Citymesh Internet Service, even in case of loss or fraud with the password and/or user name.

4.3 Fraud or loss of user name and/or password.

In case of fraud or loss of the user name and/or password, the customer is obliged to notify Citymesh in the shortest time possible, so that this loss or fraud can be notified and to prevent someone else from using the surf credit of the account in question. The customer is solely responsible for his/her user name and password and can therefore not request a refund from Citymesh Internet in case of loss or theft.

Article 5: complaints and disputes

5.1 Amicable settlement

Complaints regarding Citymesh in general and the Citymesh Internet Service in particular must be addressed to Citymesh NV within four weeks from the moment when the problem arose that is the basis for the complaint to be admissible, after which Citymesh NV reserves the right to investigate the merits of the complaint

If the customer is not satisfied with Citymesh NV's response to his/her complaint, the customer is free to turn to the Ombudsman Service, which was established by the competent authorities for this purpose.

5.2 Legal capacity

Any dispute regarding the existence, interpretation or performance of the contract which cannot be settled by amicable agreement shall fall under the exclusive jurisdiction of the ordinary Belgian court in Bruges.

5.3 Applicable law

The provisions of this contract are governed by Belgian law.