Terms Of Service

Applicability

These general terms and conditions (the “Terms”) apply to every offer made by Easycalls trading under the name: EasyCalls and to every contract that has been realized between Easycalls and an user (the “User”) using the mobile application Easycalls (the “Software”), purchasing Easycalls Call Credits (the “Products”) or with regard to the mobile telecommunication services provided by Easycalls (the “Services”). These services include charged calls and mobile airtime.

The Terms will be provided electronically, in such a way that the User can easily store the Terms on a durable data carrier.

Easycalls may make changes to these Terms from time to time. Easycalls will publish the changes at easycalls.nl/terms-and-conditions. Changes to these Terms will be effective when published.

By accepting our Terms and conditions, you also accept our privacy statement as published at www.easycalls.nl/privacy. Changes to this Privacy Statement will be effective when published. We recommend reviewing the Privacy Statement on a regular basis. Our privacy statement is in line with the General Data Protection Regulation (GDPR) act which is effective in the EEA from May 2018.

If you do not agree to the Terms of Service, you may not activate or use the Services nor Software. Once accepted the Terms of Service constitute a binding agreement between you and Easycalls. In addition, by downloading the App from Appstore or Google Play you agree to the applicable terms of the license of Apple and Google which will bind you.

Identity of Easycalls

Name: EasyCalls trading under the name: Easycalls

Registered address: Bedumerweg 83A 9716AG Groningen, The Netherlands

Email address: info@easycalls.nl

KVK-nummer: 82227284

The Offer and Contractual relationship

If an offer of Easycalls is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.

The offer contains a complete and accurate description of the Services being offered. The description is sufficiently detailed to enable the User to make a proper assessment of the offer. Easycalls is not bound by obvious errors or mistakes in the offer. Every offer contains information that makes it clear to the User what rights and obligations are related to the acceptance of the offer. The contractual relationship between the User and Easycalls with respect to the purchase of Call Credit (see Clause 5) is subject to that which is stipulated in the offer, at the moment at which the User accepts the offer and the conditions thereby stipulated have been fulfilled. Upon the successful purchase of Call Credit, Easycalls will immediately increase the User’s Call Credit balance.

Neither Easycalls nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the website and in the Software for any particular purpose. Any such information and materials may contain inaccuracies or errors for which cannot be claimed by Easycalls. Easycalls excludes liability for any such inaccuracies or errors in any of such information and materials provided by Easycalls’ or its third-party Resellers’ to the fullest extent permitted by law.

The Services

Easycalls makes available to the User the Software. The Software is required for the User to make use of the Services. Additional terms and conditions may apply in order for the User to download the Software. In order to use the Software and the Services, the User will need an internet broadband connection (Wi-Fi or mobile data communication). Additional charges from an internet service provider or telecommunication provide may apply for the use of an internet broadband connection.

Easycalls may from time to time provide updates to the Software or may change the Services at any time. The User may be required to update the Software in order to continue using the Software and the Services.

The Services does not include support to call emergency telephone numbers (such as: 112, 911 or ambulance/doctor telephones). In addition, the Services also does not include support to call premium- and/or service numbers.

The User shall use the Software and the Services in accordance with the laws of The Netherlands and the laws of the country where the User is located. The User is under no conditions authorized to:

use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software or the Services;

send unsolicited communications; and/or

impact or attempt to impact the availability of the Software or the Services.

In order to protect the interests of the customer against improper use and to ensure consumer protection, Easycalls reserves the right to block personal calls to individual numbers, groups of numbers or certain countries either permanently or temporarily.

Call Credit

In order to make use of the Services, the User is required to purchase call credit from Easycalls (“Call Credit”). The User is not entitled to any interest on the purchased Call Credit.

Easycalls may provide the User bonus and/or trial call minutes. Bonus and/or trial call minutes are valid for a limited period of time (listed in the offer) and are subject to a fair use policy.

Easycalls makes available to the User various payment methods for the purchase of Call Credit. Easycalls may from time to time change the various payment methods. Additional terms and conditions may apply by using the available payment methods.

Any purchased Call Credit will expire after a consecutive period of twelve (12) months, unless the User has purchased any additional Call Credit within the aforementioned period. Easycalls will inform the User at least seven (7) days prior to the expiration date of any Call Credit.

Easycalls also provides an auto recharge feature in the online Easycalls web shop, which the User can activate by selecting this feature. If this feature is activated, the User’s Call Credit balance will be recharged with the same amount and by the same payment method chosen when activating this feature.

Upon successful activation of the auto recharge feature in its online web shop, the User authorizes Easycalls and Easycall’s payment service provider to debit the User’s account (bank balance or credit card) for any auto recharge. The User may withdraw his (SEPA) mandate at any time by sending an e-mail to: inof@easycalls.nl

If a User makes use of the auto-recharge feature, Easycalls and/or the payment service provider will process the account information to facilitate and execute each auto recharge.

The auto recharge feature will also be subject to the relevant terms and conditions of Easycalls payment service provider.

Easycalls will give the User written advance notice via an email or text message or in-app message of the amount due and the due date of debiting at least 24 hours before the date when a SEPA direct debit will be initiated.

Easycalls also provides a one click payment possibility for several credit cards, iDEAL and PayPal in the online Easycalls web shop, which the User can activate by selecting this possibility after a successful payment to Easycalls.

Upon successful activation of the one click payment possibility, the User authorizes Easycalls and Easycalls payment service provider to debit the User’s account (bank balance or credit card) for the purchases upon a click on the payment button. The User may withdraw his mandate at any time by sending an e-mail to: info@easycalls.nl

Prices

The standard rates for the Services are listed on the website of Easycalls and in the Software. These standard rates apply, unless agreed otherwise in writing. The standard rates are including VAT, if applicable.

Easycalls may change the standard rates for the Services at any time without pre-notification to the User by publishing such change on the website of Easycalls and in the Software. The new standard rates will apply after the new standard rates have been published.

Easycalls will not charge a connection fee. It only charges a per-minute rate. The duration of a call shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute.

Right of withdrawal

The User, whose actions are not carried out for objectives relating to the course of a trade, a profession or a business, has the right to dissolve the contract with Easycalls, without giving reasons during a period of fourteen days after the day the contract with Easycalls was concluded.

The User who wants to exercise his right of withdrawal shall report this to Easycalls, within the period of fourteen days after the day the contract was concluded, by means of the model form for right of withdrawal (by means of sending an email to info@easycalls.nl with the following details: “date the call credits were purchased”, “used payment method”, “mobile number / Account ID” and “name and address”).

The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the User.

If the User is refunded purchased credits, the balance outstanding will be deducted from the account of the User.

If the User exercises his right of withdrawal, the User shall owe Easycalls a sum of money that is equivalent to that proportion of the contract that Easycalls has fulfilled at the moment of withdrawal, in comparison with fulfilling the contract entirely.

No refunds shall be given for any promotional amounts and/or bonus credits given by Easycalls.

Repetitive refund requests from the same user would be refused.

Easycalls will reimburse the User within 14 days after the day on which the User reported the withdrawal with all payments. For any reimbursement, Easycalls will use the same payment method that was initially used by the User, unless the User agrees to another payment method.

Contract fulfillment and guarantees

Easycalls guarantees the best availability of the service and, in the event of breakdowns, that these will be rectified as quickly as possible, in order to fulfill the contract and the specifications stated in the offer.

Easycalls aims to provide the User a disruption-free mobile telecommunication services through an internet broadband connection. The User is aware that an internet broadband connection is not universally available. Easycalls cannot guarantee that the Software and the Services will always function without disruptions, delay or errors. Various factors outside the control of Easycalls may impact the quality of the connection and the use of the Software and Services. Easycalls is not responsible nor liable for any disruption, interruption or delay of the Services.

The User who has discovered shortcomings in the Software and/or the Services must submit any complaints to Easycalls without delay, in full and with clear descriptions. A reply to complaints submitted to Easycalls will be provided within a period of 3 working days, calculated from the date of receipt of the complaint.

Deactivation

If the Users do not fulfill its obligations towards Easycalls, are in breach of these Terms and/or in the event of fraud or suspected fraud, Easycalls is entitled to (temporarily) deactivate the User’s account.

After deactivation of the User’s account, the User is not allowed to use the Software or the Services. Easycalls shall have no obligation to provide the Services towards the User. The User is not entitled to any compensation after the deactivation of its account.

At the sole discretion of Easycalls, Easycalls may reactivate the User’s account and Easycalls shall make the Services available to the User. Easycalls may charge the User with a reactivation fee.

Liability and indemnification

Easycalls, to the extent legally permitted, is not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of the User’s use of, or inability to use the Software and/or the Services.

If Easycalls is found to be liable for whatever reason, Easycalls’ liability to the User or any third party is limited to the greater of (a) the total fees the User has paid to Easycalls in the six (6) months prior to the action giving rise to liability, or (b) EUR 30.

Notwithstanding anything to the contrary in these Terms, the limitation of liability set forth in paragraph 10.1 and 10.2 above shall not apply to any claim for which liability cannot be limited under applicable law.

The User agrees to indemnify and hold harmless Easycalls and its affiliates, and each of their respective, directors, shareholders and employees from and against any and all claims, losses and/or damages arising from or relating to (i) the User’s breach of any of these Terms; (ii) the User’s breach of any applicable law of regulation or (iii) the User’s use of any Software and/or the Services.

The User shall notify Easycalls of any (potential) claim in writing as soon as possible after the damage is discovered or could have reasonably been discovered.

Personal data

Easycalls shall only process the personal data (including data regarding the use of the Services) obtained from the Users for the provision of the Services. Easycalls shall refrain from using the (personal) data for any other purpose than the provision of the Services.

Easycalls shall process any personal data in accordance with the General Data Protection Regulation (GDPR). Any personal data obtained by Easycalls shall not be kept for a period longer than is necessary for achieving the purposes for which the personal data were collected or subsequently processed. Call detail records (CDR’s) of a user will be saved for a period of 12 months to support questions from customers about their historic Easycalls call and payment history.

Easycalls will take suitable technical and organizational measures to secure the electronic transfer of any personal data and Easycalls will ensure a safe web environment.

Except as provided below, Easycalls will not sell, rent, trade or otherwise transfer any personal data outside of Easycalls without the User’s explicit permission, unless it is obliged to do so under applicable laws or by order of any competent authority.

Further details on personal data are published at www.easycalls.nl/privacy. Changes to this Privacy Statement will be effective when published. We recommend reviewing the Privacy Statement on a regular basis.

Intellectual property rights

The Software contains proprietary and confidential information that is protected by intellectual property rights owned by or licensed to Easycalls. Easycalls and/or its licensors retain exclusive ownership of the Software and all intellectual property.

The User is not allowed to use the (source code of the) Software for any other purpose than making use of the Services. The User shall not make any changes to the Software, decompile the Software and/or manipulate the Software. In the event of any unauthorized use of the Software by the User, the User shall be liable for all damages suffered by Easycalls.

Easycalls is a registered trademark of Easycalls Group B.V. Easycalls has registered its trademarks in various countries worldwide. Without the prior written consent of Easycalls, the User is not authorized to use Easycalls’ trademarks and/or trade names.

Exemptions/additional T&C’s Easycalls Business

In this paragraph the exemptions are described for companies that have signed on to the Easycalls service through the sign-up form, or via the Easycalls Business sign-up form on the Easycalls website.

Call credit validity: In contrast to article 5.4 of these terms and conditions, call credits purchased as described in article 13.1 will have unlimited call credit validity.

The call credit will become available for business users, once the invoice has been paid and the money is received by Easycalls.

Final Provisions

The rights and obligations of the User under the contract with Easycalls cannot be assigned or transferred except with the prior written approval of Easyclass. Easycalls shall at any time be entitled to assign its rights and obligations under this Agreement to a third party.

All contracts entered into between Easycalls and the User are governed by Dutch law.

Any dispute between Easycalls and the User shall in first instance exclusively be submitted to the competent courts in Groningen, the Netherlands, unless another Dutch court is competent by virtue of mandatory law.