General Terms and Conditions Simhuis BV

Article 1 – Identity of the undertaking, hereinafter referred to as the entrepreneur

Company – Simhuis BV

• Address: Doetinchemseweg 53, 7021 BR Zelhem
• Website: www.simhuis.nl
• Phone: 0575-474731
• Simhuis BV is an operating company of: van Kempen BV

Article 2 Definitions

Supplementary Conditions: conditions that apply to the delivery of specific products and/or services and that apply in addition to the General Terms and Conditions.

General Terms and Conditions: the General Terms and Conditions of Delivery that apply to the services provided by Simhuis BV.

Service description: appendix to the agreement in which the Service is described.

Services: electronic communication, data transfer, ICT or other related services to be provided by or on behalf of the Supplier to Clients.

Supplier: Simhuis BV

Client: the person acting in the exercise of a business with whom the Supplier has entered into an agreement for the supply of goods and services to which these General Terms and Conditions apply.

Agreement: the agreements recorded in a form, document or in any other way, pursuant to which the Supplier supplies the goods and/or services mentioned therein to the Client.

Party(ies): the Client or Supplier individually (“Party”) or jointly (“Parties”). Facilities: All cables, peripheral, measuring or other equipment, modems, smartcards and any associated user documentation and software that are and remain the property of the Supplier. Services provided by the Supplier delivered for the benefit of the Client that are purchased, leased or held on loan, or that have been delivered by the Supplier at the Client’s location in the context of an Agreement.

Public Electronic Communications Service: a service available to the public which consists wholly or partly in the transmission of signals via an electronic communications network, insofar as this service does not consist of the distribution of programmes.

Article 3 General provisions

These terms and conditions apply to: All offers and agreements between the Supplier of goods and/or services of any nature whatsoever and delivered to the customer. In the event of a conflict, the terms and conditions of the agreement, service description, general terms and conditions, and supplementary terms and conditions shall apply.

The following rankings:

1. Agreement
2. Service description
3. Additional conditions
4. General Terms and Conditions

Applicability of any purchase or otherwise: The general terms and conditions of customers and/or third parties are unilaterally rejected.

Agreements, as well as amendments thereto, shall come into effect: a) Before the date on which the supplier’s quotation or any other document is signed by both parties; b) On the date of receipt of the supplier’s written confirmation that the customer’s request has been accepted; c) When the customer actually enables the supplier to perform work or provide services.

Article 4 Price and payment

All prices and rates are in Euros and are exclusive of Value Added Tax (VAT) and other applicable regulations enforced by the government. Travel time, travel and accommodation, overtime, etc. Special work-related costs are not included in the price and rates and may be invoiced separately by Suppliers. As of June 1st of each year, the Supplier is entitled to increase the prices and rates in accordance with the CBS consumer price index for the preceding period January 1st – December 31st. If the CBS consumer price index is negative in any given year, the then applicable prices and rates shall not be adjusted. The Supplier reserves the right, in addition to the annual price indexation, to increase the agreed prices and rates once a year, after having notified the Client thereof at least four weeks in advance. In the event of a price increase based on this Article 3.3, the Client has the right to terminate the agreement free of charge exclusively in the following cases:

a) If the price increase relates to a public electronic communication service; or b) If the price change does not relate to a public electronic communication service and the price increase is higher than 5%.

The rates for the Goods and Services are payable to the Supplier in accordance with the Rate Schedule applicable at that time, regardless of whether the Goods and/or Services are or will be supplied by third parties. The Rate Schedule may be requested from the Supplier. All rates are in Euros and exclusive of VAT and other levies, taxes, and duties imposed by an Authority. The Supplier calculates the Contracting Party's data usage based on the meaning of the standard international SI system and in accordance with IEC advice: 1 gigabyte (GB) = 1,000 megabytes (MB) = 1,000,000,000 bytes. The Supplier is entitled to cancel granted discounts with immediate effect if the actual use of the Goods and/or Services is not in accordance with the Agreement, does not correspond to the normal or contractually agreed use to which the applicable rates are based, or deviates substantially from the use that may reasonably be expected. Promotional or other discounts do not apply to the Contracting Party, unless the parties have expressly agreed otherwise in writing. The Supplier's data shall be decisive for the determination of the amounts due, unless the Contracting Party demonstrates that this data is incorrect. The Supplier reserves the right to adjust the rates for Goods and/or Services for inflation each calendar year based on the CBS Consumer Price Index of the preceding calendar year. The Contracting Party's right of termination as set out in paragraph 6 of this article does not apply to rate increases resulting from inflation adjustments. The Supplier has the right to unilaterally change its rates (including if an Authority takes a measure or changes the cost price) subject to a notice period determined by it. The Supplier shall inform the Contracting Party thereof at least weeks prior to the entry into force of the change and, if applicable pursuant to statutory provisions, shall draw the Contracting Party's attention to the right to terminate (the relevant part of) the Agreement in writing with effect from the date of entry into force of the change. The notice of termination must be received by the Supplier no later than before the entry into force of the change.

All fees are due from the moment the Supplier incurs costs on behalf of the Contractor in the context of the execution of the Agreement. The Agreement may deviate from this. The Supplier has the right to make invoices available to the Contractor electronically (by e-mail/online). If the Contractor wishes to receive paper invoices, the Supplier may charge costs for this. Payment must be made within thirty days of the invoice date. If it has been agreed between the Contractor and the Supplier that payment of all fees due as referred to in Article 12 will take place by direct debit from the IBAN number provided by the Contractor, for which the Contractor has authorized the Supplier verbally, via the Supplier's website, or in writing, the Supplier shall send an email notification prior to the direct debit indicating that the invoice is ready online. For a Contractor who has chosen to receive the invoice by post, the invoice serves as an announcement (notification) of the upcoming direct debit. The debit will take place within a few days after notification, and in any event within the same (billing) month. If this payment term is exceeded, the Contractor shall be in default without further notice of default, and the Supplier may charge the Contractor the statutory interest for commercial transactions increased by two percentage points. All extrajudicial (collection) costs (including costs incurred for drafting and sending reminders, conducting settlement negotiations, and other actions in preparation for possible legal proceedings), as well as judicial costs, shall be borne by the Contractor. If the Contractor makes payments in a manner that entails costs for the Supplier (for example, by credit card), the Supplier is entitled to charge costs for this. Fees due for the use of a Content Service by the Contractor shall be paid via his Subscription. The Supplier is entitled to send interim invoices and/or demand (immediate) payment if he delivers in installments or if the use of the Service and/or the Item does not correspond to the normal use on which the rates are based. Objections to amounts charged must be made known to the Supplier in writing within thirty days of the invoice date. After the expiration of that date, the Contractor shall be deemed to have agreed to the amount stated on the invoice. The Supplier and the relevant third parties are entitled to charge the Contractor for the costs of investigating objections to invoiced amounts (including administrative costs). Prepaid fixed fees for Services will not be refunded by the Supplier. The Supplier shall not owe any interest on an advance payment or deposit. If the Supplier is in default with the full payment of 2 or more installment payments for an Item received and fails to settle the outstanding amount after having been notified of the default, all remaining installments shall become immediately due and payable, without prejudice to the Supplier's other rights arising from the default.

Out-of-bundle usage and costs

If the customer uses a data bundle and usage exceeds the agreed bundle, the additional data usage will automatically be charged as out-of-bundle usage. No hard usage limits are applied; therefore, data usage can continue uninterrupted, even after the bundle has been exceeded.

The customer is at all times responsible for monitoring and managing data usage. Any costs resulting from exceeding the data bundle shall be borne entirely by the customer.

The rates for out-of-bundle usage are variable and depend on the underlying network provider(s). These rates may change and can amount to a maximum of €0.02 per MB, unless otherwise agreed.

By using the service, the customer acknowledges and accepts that out-of-bundle costs may arise and that these will be charged without prior blocking or warning.

Article 5 Confidentiality

The Parties shall observe confidentiality regarding all information and data received from each other that are designated as confidential or whose confidential nature derives from the nature of such information and data, but not where a statutory obligation mandates disclosure of such information and/or data. The duty of confidentiality shall cease one year after the termination of the Agreement.

Article 6 Ownership, Risk & Duty of Care

The risk of destruction, loss, theft, or damage to an item passes to the Customer at the moment of delivery. The Supplier retains title to the goods until the Client has paid all amounts due. As long as the Client has not yet acquired the items, the Client shall not alienate, lend, or pledge them, nor rent them out, lend them, or make them available to third parties in any manner, under any title whatsoever. The risk of destruction, loss, theft, or deterioration of a facility passes to the Client at the moment these facilities are installed or placed at a location of the Client, or are otherwise made available to the Client. The Client must ensure that the Facilities are placed at a suitable (dry and vibration-free) location.

The Customer shall not detract from the type and serial numbers, logos, and/or other marking materials affixed to the Facilities. The Client is not entitled to make changes to the Facilities (including changes to software supplied or implemented in the Facilities), or to move or damage them, or to have them installed or moved by parties other than the Supplier, unless with the permission of the Supplier. The Client must notify the Supplier without delay if the goods or Facilities are seized or threatened with seizure, or if the property rights of the Supplier or third parties engaged by the Supplier are harmed. The Supplier has the right to reclaim the goods from the Customer as long as ownership of the goods remains with the Supplier. This compensation shall be for the account of the Customer. The Customer must authorize the Supplier to enter the premises where the goods are located.

Article 6.1: Suspension of Services in Case of Non-Payment

6.1.1 Right to suspension

Simhuis is entitled to suspend the services in whole or in part if the contracting party defaults on the fulfillment of its payment obligations. This suspension may take place without prior notice of default and with immediate effect.

6.1.2 Technical implementation

In the event of non-payment, Simhuis will pause the relevant SIM card(s), thereby interrupting all data connections and telecommunication services. The SIM cards will remain paused until all outstanding amounts, including interest and charges, have been paid in full.

6.1.3 Ongoing costs

During the period of suspension, the contracting party remains obliged to pay all fixed periodic costs and surcharges. The costs for reactivating the services after payment shall also be borne by the contracting party.

6.1.4 Heractivering


After full payment of all outstanding amounts, Simhuis will resume service within two (2) working hours. Administrative costs may be charged for reactivation in accordance with the applicable rate sheet.

6.1.5 Additional costs

All extrajudicial collection costs, including costs for reminders, settlement negotiations, and bailiffs, as well as all judicial costs, shall be borne by the contracting party.

6.1.6 No liability

Simhuis is not liable for any damages arising from the suspension of services due to non-payment by the contracting party. It is the responsibility of the contracting party to inform any end customers in a timely manner about possible service interruptions.

Article 7 Warranty & Guarantees

The Supplier delivers goods and services in accordance with the technical and/or functional specifications agreed upon in the Agreement. The Supplier does not guarantee the uninterrupted delivery of the Services.

1. The warranty period for the goods is one year, valid from the date of delivery, or as otherwise indicated by the manufacturer.
2. The goods warranty covers free repair, if: replacement (parts) of the goods in the event of material and/or manufacturing defects. The warranty does not cover the supply and/or replacement of consumables.
3. The warranty is granted for items which the Customer can demonstrate were delivered by the supplier within the warranty period.

Work covered by the warranty is performed only in the Netherlands.

The warranty expires if:

1. repair, modification or extension to the goods has been made by parties other than the Supplier without the Supplier's prior written consent;
2. the goods have, in the opinion of the Supplier, been neglected or handled carelessly and/or have been used, treated and/or improperly maintained;
3. typenummers, CE-markering, serienummers en/of garantiestickers zijn beschadigd, verwijderd en/of gewijzigd;
4. provide changes to the warranty card and/or proof of purchase;
5. due to incorrect insertion and/or leakage of replaceable batteries that become defective as a result;
6. defects are caused by non-compliance with connection and/or installation regulations (approved);
7. defects environmental conditions, insofar as such conditions are advisable;
8. defects are caused by other external causes;
9. possible seal of the goods is missing or defective.

If the Supplier has delivered goods under a manufacturer's warranty, only the manufacturer's warranty conditions and warranty period apply. The warranty period is not extended or renewed by the performance of warranty work, provided that the warranty on the performed warranty work, including the replaced parts, amounts to 3 months. Any shipping costs or call-out charges may be added to the Customer's account and will be charged in advance (depending on the product and supplier).

The Supplier reserves title to all Goods supplied by it and grants or assigns rights subject to the (suspensive) condition that the Contractor has settled all claims regarding the consideration for Goods supplied or to be supplied and Services performed or to be performed by the Supplier to the Contractor, as well as all claims due to default in the performance of the Agreement. If the Contractor forms a new item from the Goods, this is an item that the Supplier causes to be formed for itself as owner, and the Contractor holds this item for the Supplier until the Contractor has settled all its claims referred to in the previous paragraph. The Contractor is obliged to store, use, and insure the Goods provided by the Supplier to the Contractor for use with due care as recognizable property of the Supplier. As long as ownership or rights to the Goods and/or Services have not passed to the Contractor, the Contractor may not pledge, encumber, or grant any other right to a third party with respect to the Goods and Services.

The Contractor shall immediately notify the Supplier if third parties assert or intend to assert rights to the Goods and/or Services. The Contractor hereby grants authorization to the Supplier, effective immediately and for the future, to establish a silent or public pledge on behalf of the Contractor on delivered Goods and rights that have passed into the ownership of the Contractor through payment and remain in the possession of the Contractor, as additional security for all claims due to the Supplier under the Agreement. The Supplier is entitled at all times, for reasons it deems appropriate (for example, if the use does not correspond to the normal use on which the applicable rates are based, deviates substantially from the use that may reasonably be expected, or if the payment history gives rise thereto), to require the Contractor (at the Supplier's discretion and within a period to be determined by the Supplier) to provide (additional) security by means of prepayment (up to a maximum of the amount that the Contractor would reasonably owe to the Supplier in total over a period of six months) or payment of an advance. If no payment problems have arisen for a continuous period of at least six months, the Contracting Party may submit a written request to the Supplier for reimbursement of the advance payment. The Supplier will assess the request and reimburse the advance payment if it is of the opinion that circumstances permit.

Article 8 Intellectual property rights

Subject to the limitations and conditions, Supplier grants the Customer a non-exclusive, non-transferable right to use the software, hardware or other items supplied and facilities available under the Agreement in the form in which they are supplied or made available solely for internal purposes and to the extent necessary to enable the use to fulfill the obligations under the obligations of the services provided under the Agreement.

The intellectual or industrial property rights of all software, equipment, or other items and Facilities, including documentation, made available to the Customer by the Supplier pursuant to or in connection with the Agreement, shall vest in the Supplier or its suppliers and/or in the third party authorized by the Supplier to make software, hardware, or other items available to the Client. The Customer acquires rights only to the extent that these are expressly granted to it in the Agreement. The Supplier shall use all means to ensure that the Customer's use of the software, equipment, and other items and Facilities made available by the Supplier in connection with the Services does not infringe upon the intellectual or other property rights of third parties.

Supplier indemnifies and defends Client against third-party claims regarding alleged infringement of third-party intellectual or industrial property rights by software, equipment, or other items made available by Supplier in connection with the Service(s), articles, and Facilities, provided that: Client: (i) notifies Supplier of such claims without delay; (ii) does not acknowledge the claims; and (iii) cooperates with the defense against such claims. The obligation to indemnify shall cease to apply if and to the extent that the alleged infringement can reasonably be attributed to misuse or modification of the relevant software, equipment, or other items by the Client, its customers, affiliates, agents, or subcontractors, where the (alleged) infringement is an indirect infringement or where the (alleged) infringement originates from the combination of the relevant software, equipment, or other items relating to goods supplied under the Agreement with other products, software, or elements not supplied by the Supplier.

If a court has ruled irrevocably that the Client infringes the intellectual or industrial property rights of third parties as a result of an act or omission by the Supplier, the Supplier shall, at its option:

a) take measures to terminate the infringement, such as replacing the infringing Service with a functionally equivalent alternative service or modifying the Service so that it no longer infringes, but remains functionally equivalent, or

b) terminate the Services and refund to the Customer any amounts already received for services not yet rendered.

Prohibition on copying and reproduction of hardware The Customer is expressly prohibited from copying, reproducing, counterfeiting, reverse engineering, disassembling, distributing, or otherwise multiplying or making available to third parties the delivered hardware or parts thereof, whether or not in adapted or modified form, without the prior written consent of Simhuis or SatData. Violation of this prohibition constitutes a serious breach of the Agreement and entitles Simhuis to terminate the Agreement with immediate effect, without prejudice to the right to full compensation.

Article 9 (Delivery) terms and default

All (delivery) periods specified by the Supplier are indicative and can never be considered binding. The mere exceeding of a (delivery) period does not put the Supplier in default. In the event that exceeding any (delivery) period is imminent, the Supplier and the Client shall enter into consultation with each other. Default by the Supplier shall only occur after the Client has given written notice of default to the Supplier, thereby setting a reasonable period for performance, and the Supplier has defaulted within that reasonable deadline.

Article 10 Duration of the agreement and termination

A fixed-term Agreement entered into, extended for an indefinite period after the expiration of the initial contract term, unless the Client terminates the Agreement in writing with due observance of: with a notice period of one (1) month before the end of the initial contract term, or if the Supplier terminates the Agreement with due observance of a notice period of three (3) months before the end of the initial contract term. Agreements made under applicable laws and regulations are by their nature not entered into for longer than five (5) years, will not be tacitly extended for an indefinite period after the expiration of those five (5) years. These agreements can be started at the initiative of the Client has been extended.

An Agreement entered into or extended for an indefinite period may be terminated in writing by the Client without giving reasons, with due observance of a notice period of one (1) month, unless the Parties have agreed, at the express request of the Client, on a notice period of at most three (3) months. The Supplier is entitled to terminate the Agreement in writing for an indefinite period after proper business consultation and stating reasons. If a minimum duration has been agreed, termination may only take place after the minimum duration has expired. If the parties have not agreed on a notice period, a notice period of three (3) months applies to the Supplier. For Agreements which by their nature may not be entered into for longer than five (5) years, the contract duration for an indefinite period shall be converted into an Agreement for a fixed term. These agreements may be extended at the initiative of the Client.

If the Client provides a Service before the expiry date of the (minimum) contract duration, the Supplier is entitled to the remaining remuneration that would be due if the agreement had been terminated prematurely. In addition to the provisions of the preceding paragraphs, the Supplier is entitled to terminate the provision of the Service(s), subject to a notice period of at least three months, if technical or (business) economic reasons necessitate this. In that case, the Supplier shall offer a replacement service where possible. If the Client does not wish to accept the service, or if no replacement service is available, the Agreement shall be terminated on the date that the Supplier ceases the provision of services. The provisions of Article 11.4 also apply if the Supplier no longer has access to: specific products and/or services supplied by third parties, due to causes beyond the Supplier's control.

Article 11 Dissolution of the agreement

Naast de wettelijke gronden voor ontbinding, Leverancier is gerechtigd de Overeenkomst te ontbinden zonder: rechterlijke tussenkomst en zonder ingebrekestelling met onmiddellijke ingang geheel of gedeeltelijk te ontbinden, indien de Klant: surseance van betaling heeft aangevraagd of hem is verleend;

a) failliet is verklaard of

b) bankruptcy petition has been filed.

Article 12 Supplier liability; indemnification

The total liability of the Supplier, on whatever grounds, is limited to compensation for the following damages and to the stated maximum amounts:

• death and personal injury damages up to a maximum of € 2,500,000.00 per event, whereby a series of related events counts as a single event;
• property damage, consisting of the reasonable costs of repair or replacement up to a maximum of € 25,000 per event;
• damage demonstrably suffered by the Client as a result of the unavailability of a Service, as a result of an attributable failure by the Supplier, or as a result of an administrative error by the Supplier, up to a maximum of € 100 per injured party, with a maximum of € 250.00 per event, whereby a series of related events counts as one event;
• demonstrable reasonable costs incurred to prevent or limit damage, with a maximum of € 25,000 per event, whereby a series of related events counts as a single event. For the damage referred to under b through d, an absolute maximum of € 25,000.00 applies during the term of the Agreement.

The aforementioned limitations of liability shall cease to apply in the event that the damage is caused by intent or willful recklessness on the part of the Supplier's management. The Supplier's liability for damages not included in Article 12, including lost profits, lost savings, loss of data, damage due to business interruption and staff turnover, fines and compensation owed to third parties, and diminished goodwill, is excluded at all times. A condition for the existence of any right to compensation is always that the Client reports the damage to the Supplier in writing within three months of its occurrence. The limitations of liability mentioned in this article apply accordingly to indemnities. If the Parties have agreed on a penalty in addition to the right to compensation, any contractual penalties forfeited and amounts paid and/or to be paid pursuant to indemnities shall be deducted from any compensation for damages in respect of the same event. The Client indemnifies the Supplier and the Supplier's employees against all third-party claims, in particular third-party claims for product liability resulting from a defect in a product or system supplied by the Client to a third party and which included equipment, software, websites, data files, or other materials supplied by the Supplier, unless and to the extent that the Client proves that the damage was caused by said equipment, software, websites, data files, or other materials.

Article 13 Force Majeure

Neither party is obliged to comply with any obligation if prevented from doing so as a result of force majeure. To the extent not already included, force majeure shall also be understood to mean: strikes, occupation of premises, blockades, embargoes, government measures, war, revolution and/or any similar situation, power outages, failures in electronic communication lines, cable breakage, fire, explosion, water damage, lightning, natural disasters, flooding and/or earthquakes, lack and/or illness of Personnel and a failure towards Supplier of suppliers of supplier or force majeure of suppliers of supplier. If the force majeure situation lasts longer than 90 days, the parties have the right to terminate the Agreement by registered letter, unless: it is foreseeable that the force majeure situation will be resolved within a reasonable period. What if? performed pursuant to the Agreement, matter settled proportionately, without the parties owing each other anything.

Article 13a Exclusion of liability for malfunctions and hardware

Simhuis strives to optimally ensure the availability, operation, and functionality of the supplied SIM cards and associated services. However, Simhuis cannot guarantee that the SIM cards, hardware, and services will function at all times without interruptions, malfunctions, or capacity limitations.

Simhuis accepts no liability whatsoever for any direct or indirect damage, consequential damage, or loss (including but not limited to loss of revenue or profit, business interruptions, loss of data, or costs for local interventions) arising from:

a) the malfunction of SIM cards or service failures of any nature; b) the failure to achieve bandwidth, speed, or capacity expected or experienced by the customer; c) failures requiring local intervention, including but not limited to manually resetting routers, modems, or other equipment on-site; d) hardware-related problems, regardless of whether such hardware was supplied by Simhuis or purchased or installed by third parties; e) configuration or compatibility problems between SIM cards and equipment used by the customer; f) interruptions resulting from network maintenance by network operators or other external parties.

The Customer expressly acknowledges that local interventions, such as resetting equipment, may be necessary and that such actions are performed at the Customer's own expense and risk. Simhuis is not obliged to provide local technical support on-site.

The sole exception to this is damage that is the direct result of intent or willful recklessness on the part of Simhuis. In all cases, the liability of Simhuis remains limited to what is expressly stipulated in these general terms and conditions.

Article 13b Local interventions

The Customer acknowledges that in the event of malfunctions, local interventions, such as resetting equipment on-site, may be necessary to restore service. Simhuis is not obliged to perform such local actions and accepts no liability for damages arising from the failure, delay, or impossibility of local interventions by the Customer or third parties.

Article 13c Limitation of liability for local interventions

Simhuis is not liable for damage, costs, or consequences arising from the absence, failure, or delay of local resets or other on-site interventions at the customer's location, regardless of whether these interventions are performed by the customer themselves, by third parties, or by employees of Simhuis.

Article 13d Limitation of liability for local interventions and consequences

Simhuis is not liable for damage, costs, or consequences arising from the absence, failure, or delay of local resets or other on-site interventions at the customer's location, including but not limited to:

a) downtime and business interruptions of any duration; b) loss, damage or corruption of data during or as a result of local interventions; c) costs for data recovery or system recovery; d) loss of productivity and business damage during interruptions; e) costs for external on-site technical support,

regardless of whether these interventions are carried out by the customer themselves, by third parties, or by employees of Simhuis.

Article 14 Modification and extension of activities, services and/or deliveries

If, at the request or with the consent of the Customer, the Supplier has performed other services or deliveries that fall outside the content or extent of what has been agreed, such work, services, or deliveries shall be reimbursed by the Customer to the Supplier in accordance with the Supplier's customary rates or, if a fixed price has been agreed, the additional costs charged. However, the Supplier is not obliged to comply with such a request and may require that a separate written agreement be concluded. The Customer accepts that changes or expansion of the business may affect the agreed or expected time of completion of the obligations, the mutual responsibilities of the Customer and the Supplier, and the agreed rates of the Supplier.

Article 15 Obligations under the General Data Protection Regulation and the Telecommunications Act

The parties are obliged to mutually agree to cooperate with the other party in enabling it to comply with its obligations under the General Data Protection Regulation (GDPR) and, insofar as the Supplier is concerned, also with the Telecommunications Act. The Customer shall always inform the Supplier in a timely manner of relevant information or any processing in context. The contract is subject to the GDPR and/or: the processing has been notified to the Data Protection Authority or to a Customer Data Protection Officer. To the extent that the obligation(s) referred to in this article entail or entail activities and/or costs for the Supplier, the Client shall reimburse these. The Client shall ensure that the controller within the meaning of the GDPR complies with all obligations of the GDPR. The Client indemnifies the Supplier against all third-party claims that may be brought against the Supplier on the basis of the GDPR. The Supplier is entitled to block the transmission of unwanted communications as referred to in Article 11.7 of the Telecommunications Act, such as spam messages, malware, and viruses. If the Client purchases a Public Electronic Communication Service and this service has been completely interrupted for more than 12 consecutive hours as a result of a network failure, the Client is entitled to compensation, unless the failure is the result of a flood, a terrorist attack, or a war. The compensation amounts to at least one-thirtieth of the monthly fixed fee per 24 hours or, if there are no fixed fees, at least €0.50 per 24 hours. The minimum compensation amounts to €1.00 in all cases. More information about the compensation scheme and how you, as a contracting party, can make use of it can be found on our website www.simhuis.nl.

Article 16 SIM

Leverancier stelt aan Contractant een SIM (in de vorm van een simkaart of eSIM) een of meerdere beveiligingscodes (zoals de zogenaamde PIN- en PUK- code) ter beschikking.
De kosten voor deblokkering en/of het verstrekken van een nieuwe SIM zijn door Contractant verschuldigd. Gedurende de termijn van de blokkade blijft Contractant verplicht tot betaling van alle vaste periodieke kosten en toeslagen.

Article 17 Final provisions

Dutch law applies to the Agreement. Disputes between the Parties arising from or relating to the Agreement shall be submitted to the competent court in Zutphen. The Supplier is entitled to amend these General Terms and Conditions. The Supplier is entitled at any time to modify a Service or to replace certain parts of the Service with other parts, provided that the essential nature of the Service remains intact. To the extent that these modifications relate to a public electronic communications service, Article 7.2 of the Telecommunications Act applies. User rights to the Services granted by the Supplier to the Customer are strictly personal. The Customer shall not acquire any rights to resell or otherwise make available to third parties, unless expressly agreed otherwise. If any provisions or parts of provisions of these General Terms and Conditions or any appendices thereto are in any way unlawful, invalid, or unenforceable, or become inapplicable, the remaining provisions or the valid part of the invalid provision shall remain in full force and effect and enforceable without any effect on the other obligations of the parties. Furthermore, any unlawful, invalid, or unenforceable provision shall be deemed to be replaced by a provision with as much as possible the same legal and commercial scope.