These General Terms and Conditions and the general terms and conditions specific to the various services that are covered by them, hereinafter referred to together as the "General Terms and Conditions" apply to all contractual relationships between the Customer and VOO. As of 1 July 2018, they cancel and replace all previous general terms and conditions applicable between the Customer and VOO.

1. Definitions

Activation: Entry into service of any services requiring Activation. Connection: Connecting the Customer to the VOO distribution network. Customer: Any person who is bound to VOO by a Contract or who has sent a subscription application to VOO. Contract: All the rights and obligations between the Customer and VOO taking the form of the following contractual documents: the subscription contract(s), any amendments thereto and the General Terms and Conditions, hereinafter referred to as the "Contractual Documents ". In the event of contradiction between different contractual documents, the following priority shall prevail:

  • 1. The subscription contract/the amendment,
  • 2. The general terms and conditions specific to services and products,
  • 3. The general terms and conditions.

Approved Distributor: Natural or legal person operating one or more physical or virtual point(s) of sale and authorised by VOO to market VOO products and services. The list of Approved Distributors can be found on the VOO website. Works and Services Document: Document listing the services provided in order to allow the Linkup, Supply and/or Activation of the Customer, as well as the occasional provision of any other service performed by VOO for the Customer, with such services being billed to the Customer. Equipment: Equipment necessary for the installation of certain services (set-top box, modem, etc.) provided by VOO to the Customer and which remain the property of VOO. Terminal equipment: Product or relevant component of a product that allows electronic communications and designed to be connected directly or indirectly to the interfaces of a public electronic communications network (decoder, modem, mobile phone, tablet, etc.). Interior installation: All movable and immovable property (including indoor cabling) downstream of the Point of Supply which belongs to the Customer and is indispensable for receiving the services. Point of Supply: Interface between the Interior Installation and the VOO distribution network. It is placed in a location that is easy to access within the Customer's home. The Point of Supply may be simple if the Interior Installation involves only one user wall socket, or multiple when the Interior Installation involves several user wall sockets powered by an amplifier. Linkup: Installation of pipe works, devices, Points of Supply and accessories belonging to VOO enabling the connection of the Customer's Interior Installation and, if applicable, the Activation of services. Repayment table: Table indicating for each month the residual value of the Terminal Equipment, for the duration of the Subscription Contract. VOO: For these General Terms and Conditions, VOO is understood to mean the following legal entities: Nethys SA with its registered office at 95 rue Louvrex, 4000 Liège registered under company number 0465.607.720 and BRUTELE SCRL with its registered office at rue de Naples, 29, 1050 Ixelles, registered under company number 0205.954.655, each acting for the territory it covers.

2. Main services offered by VOO

  • • Analogue TV;
  • • Digital TV;
  • • Interactive digital TV;
  • • Internet;
  • • Landline and mobile telephony

Various accessory services in addition to the services described above are also offered by VOO. Accessory services are known as "Options" if they are taken out in the context of a subscription plan. The Customer may only subscribe to an accessory service if he has already subscribed to a corresponding main service.
VOO may offer new services to its Customers at any time. These new services may be accessed either directly or incidentally via one or more main service(s). Each new service offered by VOO will, if necessary, be subject to specific terms and condition that define its nature, characteristics, method and conditions of accessibility, cost, method of payment, etc. These general terms and conditions specific to any new services will supplement these General Terms and Conditions. Customers will be informed of the general terms and conditions specific to any new service before subscribing to it or before it is activated if this is done automatically. The Customer may refuse the activation of any new service.
With the exception of subscriptions specifically intended for professionals, VOO's services are intended for exclusively private and personal use.

3. Subscription request and entry into force of the Subscription Contract - authorised communication channels

The Customer shall address all subscription requests to an Approved Distributor, via the VOO call centre, the VOO website or by any other means made available to the Customer by VOO, and, if applicable, made known to him through commercial communications. Before approving a subscription request, VOO reserves the right to ask for any information that VOO believes may be useful for the conclusion and/or the correct execution of the Contract.
VOO may refuse to accede to the Customer's subscription request, limit access to certain services and Options and/or to the foreign network and/or refuse consumptions outside the rate plan, without being liable for any compensation, in particular if:

  • a) The Customer refuses to provide VOO with the information or documents it requests or provides it with incorrect information or documents;
  • b) The Customer does not respect or has not fulfilled the obligations incumbent on him under any subscription contract which binds him to VOO;
  • c) The Customer refuses to provide a guarantee and/or to pay a deposit requested by VOO under the conditions set out in article 7.1 of the General Terms and Conditions;
  • d) Technical reasons do not permit the provision of the service by VOO;
  • e) VOO has serious grounds to suspect fraud or lack of solvency, reliability or stability on the part of the Customer.

VOO may also reserve certain services or Options for Customers with a certain seniority.
If necessary, an appointment is fixed with the Customer to have services installed by a technician. This installation will be carried out within maximum 35 days if the Customer has a working linkup with VOO's cable distribution network.
The subscription contract is concluded on the date of the confirmation of the appointment with the technician when a technician needs to be called out or on the date of registration of the subscription request in the VOO systems when no callout by a technician is required. The Contract shall enter into force on the date of Activation of the service(s) or Option(s) concerned. In any case, the use of the service and/or the payment of any invoice/notice of payment/invitation to pay relating to it by the Customer will automatically constitute acceptance of the terms and conditions of the Contract.
When the Customer provides VOO with its contact information, he acknowledges and agrees that VOO may, among them, choose the one(s) it wishes to use to send the Customer any information (e.g. modification of the Contract, indexing, bill, etc.). Notifications sent by VOO to the Customer via one of these communication methods shall be considered as valid, sufficient and personalised. The Customer undertakes to inform VOO immediately of any changes to his contact details.

4. New contract subscription(s) - Contract rider(s) - Commencement

The Customer may at any time add or remove services (upsell/downsell) or modify his subscription package for a particular service (upgrade/downgrade). However, if the subscription contract is concluded for a fixed term, no modification may be made before its expiry if it results in a reduction in the overall monthly subscription price. If the Customer receives Terminal Equipment free of charge or at a lower price when taking out his subscription contract or during the execution of his subscription contract, any modification of his subscription, even if authorised, shall give rise to the payment of the indemnity referred to in article 6.3.2 unless otherwise stipulated in the subscription contract. The Customer shall address all change requests via the VOO call centre, the VOO website or by any other means made available to the Customer by VOO, and, if applicable, made known to him through commercial communications. If the change requires an additional installation at the Customer, an appointment is made with the Customer to proceed with the installation of services by a technician. This installation will be carried out within maximum 35 days if the Customer has a working connection with VOO's cable distribution network.
The new subscription/amendment is concluded on the date of confirmation of the appointment with the technician when the callout of a technician is required or on the date of registration of the subscription request in the VOO systems when no callout by a technician is required. The new subscription contract/amendment shall enter into force on the date of Activation of the service(s) or Option(s) concerned. In any case, the use of the service and/or the payment of any invoice/ notice of payment/ invitation to pay by the Customer will automatically constitute acceptance of the terms and conditions of the Contract.

5. Distance sales and off-premises sales

In case of distance sales or off-premises sales by VOO, the Customer has the right to notify VOO that he cancels the purchase without penalty and without giving any reason within 14 calendar days from the day following the day of the conclusion of the subscription contract. To do this, the Customer can either use the model withdrawal form which can be found attached to the General Terms and Conditions and on the VOO website, or draw up his own unambiguous document that states that he wishes to withdraw from the contract. In the event of a withdrawal, the Customer shall return to VOO all the Equipment that was provided, at his own expense and in due course, and at the latest within fourteen calendar days following his decision to withdraw from the contract with VOO. Such return shall take place at the place(s) designated by VOO. VOO shall reimburse all amounts paid by the Customer within 14 days of the recovery of any Equipment made available to the Customer or receipt of proof of its return. For services that started as requested by the Customer before the withdrawal period expired, the Customer must pay VOO a proportional amount for the services provided until the date when he informed VOO about his withdrawal decision. The Customer acknowledges that if he orders a digital content not supplied on a tangible medium, such as an audiovisual programme controlled by means of the "on demand" service and requests that this digital content is provided to him before the expiry of withdrawal, he loses his right of withdrawal.

6. Length and termination of the contract

6.1 Duration

Unless specified otherwise, subscription contracts for the different services and the different Options are concluded for an indefinite period. If the subscription contract for the main service to which an Option relates is terminated, the subscription contract for that Option shall be automatically terminated in advance on the same date. When the Customer subscribes to a set of services offered for an all-inclusive price, the subscription contract(s) for the service(s) previously subscribed to by that Customer which is/are included in this set of services is/are terminated automatically. If a Customer who has subscribed to such a set of services terminates one or more services included in this package without cancelling all of them, to the extent that the service(s) that the Customer has not terminated are offered by VOO, a new subscription contract will be concluded automatically to such a service or services, having the most similar characteristics to those of the services which the Customer had in his previous subscription contract.

6.2. Termination by the Customer

Without prejudice to the application of Article 6.3, the Customer may at any time terminate the subscription contract by registered letter, simple letter, fax or email addressed to VOO or via the contact form available on the VOO website. VOO shall take all the necessary steps to discontinue the service in question as soon as possible given the technical constraints, and shall inform the Customer with a confirmation in writing.

6.3 Compensation

6.3.1. Without prejudice to the application of article 6.3.3, in the event of early termination of a fixed-term subscription contract occurring before the end of the subscription contract if the duration of the subscription contract is less than 6 months or before the expiry of a period of six months after the entry into force of this contract if the duration of the contract is equal to or greater than 6 months, VOO may claim from the Customer a termination compensation equivalent to the subscription fees still due until the end of the said contract if the duration of the contract is less than 6 months or which would still be due until the end of the sixth month following the entry into force of the said contract if the duration of this contract Is equal to or greater than 6 months.
6.3.2. Moreover, in case of termination of a fixed-term or indefinite contract upon subscription or a contract maintained subject to obtaining Terminal Equipment free or at a lower price, notified before the end of the amortisation period of said Equipment, VOO may claim compensation from the Customer which is equal to the residual value of this Equipment on the date of the termination of this contract as it appears in the Repayment Table for this Terminal Equipment calculated monthly and linearly over the amortisation period.
This Repayment Table will be enclosed with the subscription contract.
6.3.3. The Customer may, however, terminate the Agreement at any time without notice and without being liable, if applicable, for the termination compensation under article 6.3.1. if the Customer moves outside the territories served by VOO and in the event of the Customer's death. In these cases, the Customer or his entitled persons shall attach all written proof required to his termination request. In the event of indexation, the Client may also terminate the Contract without notice and without being liable, if applicable, for the compensation referred to in article 6.3.1. However, in these cases, the Customer may have to pay the compensation as provided in article 6.3.2.

6.4 Restriction of service - Termination by VOO

If a Customer does not fulfil his payment obligations under his Contract, he shall receive a warning message from VOO warning him that his service(s) risk(s) being restricted. If, within the time limit set in this message, he does not pay the outstanding amounts to VOO in full, and fails to notify it of any valid dispute in relation to the unpaid amount or ask it for a repayment plan, VOO may restrict his service(s). For the duration of the suspension of the service(s), the Customer shall be solely responsible for the costs directly related to the services that will be provided.
If the Customer still fails to pay the outstanding amounts, he will receive a warning message from VOO notifying him of the risk of termination of his Contract. If the Customer has not paid all the sums due by the end of the period set in this message, VOO may terminate the Contract automatically without notice or compensation.
VOO may also, at any point, terminate the open-ended subscription contract, by registered letter, by letter, fax or e-mail, addressed to the Customer, provided VOO gives 30 days' notice which takes effect on the first day of the month following the notification.

6.5. Moving house

If the Customer moves to an address that is connected to the VOO network, the services to which the Customer subscribes may, at his request, be transferred to his new address subject, however, to technical feasibility and the establishment of regular payments. If this new address is located within the geographical area of the other legal entity operating under the VOO name, the Contract shall be automatically transferred to this other legal entity. The Customer must inform VOO that he is moving house, and supply his new address, at least one month in advance, by registered letter. If this is done, VOO will ensure the continuity of the services at the new address. All services provided by VOO in the event of the Customer moving house to enable him to keep his services shall be billed to him on the basis of the current rates. If the Customer moves out of his home without terminating or transferring his Contract, that Contract shall remain in force.

7. Financial terms and conditions

7.1. Price - Guarantee - Advance payment - Deals

The price of the subscription is, unless otherwise stipulated, that in force on the day of the entry into force of the subscription contract. The fees for the usage of services, if applicable, are billed to the Customer on top of the subscription price on the basis of the current rates. In addition, the installation fees and all other services provided by VOO for the Customer on the basis of the Works and Services Document, as well as the Activation fees, shall be billed to the Customer on the basis of the current rates. Details of its current pricing, fees and compensation can be found on the VOO website and will be sent to anyone who makes a written request to VOO. VOO reserves the right to adjust its rates according to the consumer price index once a year. Prices are adjusted according to the following formula: new price = old price multiplied by (the latest index of consumer prices divided by the index of consumer prices on the date when the previous prices were determined).
VOO reserves the right to request that the Customer transfers a deposit before the Contract is concluded or during the duration of the Contract, namely in the following cases:

  • • To guarantee the return of Equipment;
  • • In the case of serious grounds for suspicion of fraud, lack of solvency, reliability or stability of the Customer (e.g. incorrect information supplied by the Customer, non-payment, seizure, collective debt settlement procedure, etc.);
  • • Home, fixed residence or billing address abroad.

If the guarantee is not constituted within the time limit imposed, VOO may refuse to accede to the Customer's subscription request, suspend all or part of the services or terminate the Contract without notice or indemnity. The deposit may apply to the payment of all sums that the Customer must pay VOO. If VOO uses all or part of the deposit, the Customer must replenish it. At the end of the Contract, the deposit or its balance shall be refunded to the Customer if all the sums owed to VOO have been paid.
The maximum amount of the deposit required under the Contract shall not exceed the foreseeable billing amounts over a period of three months calculated on the basis of the cost of the subscription and the average consumption billed during the last 6 months preceding the deposit request.
VOO reserves the right, before concluding the Contract, to require that the Customer systematically transfers an advance, or to invoice the services provided for the Customer more frequently than monthly (twice a month or weekly). VOO reserves the right, during the length of the Contract, to require that the Customer systematically transfers an advance, or to invoice the services provided for the Customer more frequently than monthly (2 monthly or weekly) in the event that the total monthly amount to be invoiced exceeds € 100 excluding VAT. (Including fee(s) and consumption) and/or € 50 excluding VAT for VOD consumption. If the advance is not paid by the required date, VOO may refuse to grant the right of subscription to the Customer, suspend all or some of the services, or cancel the Contract without notice and compensation.
When a deal is granted to the Customer under certain conditions, if it turns out that the Customer does not fulfil the prescribed conditions, the deal granted will be cancelled. The deal will also be cancelled when the Customer who requested it does not proceed to the installation of the services to which it has subscribed within two months from the mail or letter from VOO confirming his subscription request or when he does not make all the payments required to benefit from the deal within 30 days from receipt of the corresponding bill.

7.2. Billing - Payment notice - Payment request - Payment - Direct debit

The services provided by VOO are the subject of bills, payment notices, or payment requests whose monthly, bimonthly, quarterly, semi-annual or annual frequency is determined in the subscription contract and which are sent to the billing address indicated by the Customer.
In the case of a fixed-term contract, the Customer may be required to prepay the service for the agreed period or part thereof.
VOO reserves the right to transmit invoices electronically or issue them to the Customer via any electronic platform. The Customer may nevertheless request that his invoices be sent to him by post. Payments can be made by bank transfer or by direct debit. Direct debits are accepted only from a Belgian bank account. The amounts due to VOO are payable within 15 days of any request for payment thereof sent by VOO or, for Customers who have chosen to pay by direct debit, the day of the first direct debit payment for the amount concerned.
VOO expressly reserves the right to collect payments from the Customer in settlement of any unpaid sums owed by the Customer to VOO.
When the Customer opts to pay for one of the services by direct debit, this direct debit will be used as the payment method for all sums due to VOO for all other services provided by VOO (outstanding bills and bills yet to become due) unless the Customer expresses his opposition to this formally and in writing. However, VOO reserves the right to collect payment by electronic transfer for the initial amount(s) due. If the Customer makes payments by direct debit, and his bank refuses to make the transaction, a penalty fee based on the current rates shall be billed to the Customer. At the Customer's request, VOO will provide a duplicate invoice, payment notice or payment request, free of charge. Additional copies will be charged to the Customer on the basis of the current rates.
Invoices, payment notices or payment requests can be addressed and sent to a third-party payer designated by the Customer and upon the request of the Customer. Designating a third-party payer does not release the Customer from his obligation to pay if this third-party fails to respect his obligations. The third-party payer shall not acquire any rights resulting from the subscription contract in question. Unless instructed otherwise by the Customer, all refunds will be made by VOO into the account that the Customer uses to pay the sums due to VOO if this account is in his name or mainly in his name. If this is not the case, VOO will ask him to provide the bank account number onto which such refund is to be made.

7.3 Late payment

In case of delay or default in payment, even partial, by the due date of the bill, VOO may send one or several reminders to the Customer. A maximum of 4 reminders per bill unpaid in whole or in part or paid late will be charged to the customer at a price of €10 each . Interest at the legal rate will be automatically charged forthwith against any sum not paid by the due date; partial months are payable as full months. The Customer will also be liable for a lump sum indemnity equal to 15% of the amounts unpaid at their due date with a minimum of € 50. This lump sum covers the administrative cost of processing unpaid bills, excluding recovery costs generated by third party intervention.
Moreover, all sums due to VOO shall become payable automatically and without formal notice in the event of any delay in payment of an invoice or monthly payment, when a payment plan has been concluded, including those for which payment facilities had been granted.
If any amounts remain unpaid to VOO, VOO may entrust the recovery of such sums, before any judicial decision, to a bailiff, a lawyer or a third party. In addition to the amounts owed to VOO, the Customer must then pay the cost of actions and interventions performed by the bailiff, lawyer or third party for recovery as well as deposit and/or collection fees. These actions and actions (reminder, notice, research fees, deposit and collection fees, etc.) shall be charged at the rates established by the Royal Decree of 30 November 1976 fixing the rates for acts of bailiffs in civil and commercial matters as well as that of certain allowances.
These rates are the following:

EXTRACTS FROM THE RATES 2018
 
EXCL. VAT
INCL. VAT
MIDE / REMINDER + STAMP (0.76) (ART. 7)
125,00 and more
18,78€
22,72€
COLLECTION CHARGE (ART. 8)
1% principal and interests MINIMUM
12.18€
14.74€
COLLECTION CHARGE (ART. 8)
1% principal and interests MAXIMUM
120.79€
146.16€
COLLECTION CHARGE ON DEPOSIT (ART. 8)
EXCL. VAT
INCL. VAT
Up to 24,99€
2,51€
3,04€
From 25,00€
to 124,99€
4,20€
5,08€
From 125,00€
to 249,99€
6,94€
8,40€
From 250,00€
to 494,99€
12,18€
14,74€
From 495,00€
to 744,99€
26,05€
31,52€
+ than 745,00€
34,51€
41,76€
Research fee (Art. 13 1°)
7,48€
9,05€
Research fee + copy of an entry in the national register
12,48€
15,10€

These rates are indexed annually on 1 January on the basis of the Consumer Price Index.
In case of judicial recovery of any unpaid invoice, if it is brought before the court, the debtor shall also be liable for all court costs without prejudice to any claim for damages and other actions, including litigation, necessary to safeguard the interests of VOO.
If VOO does not pay the amounts it owes to the Customer within the agreed timescale, the Customer is entitled to similar late payment penalties.

8. Linkup, Interior Installation, Connection, Activation, Equipment

8 .1. Linkup

If the Customer does not have a working Linkup to the VOO cable distribution network, VOO will arrange the Linkup upon the former's request; the costs will be calculated on the basis of the current rates, or where applicable, on the basis of a quotation. If the Customer fails to give 48 hours' notice when he wishes to cancel or rearrange an appointment, travel costs shall be billed to the Customer on the basis of the current rates.
In the event that a Linkup is not possible due to technical reasons, VOO has the right to refuse the Customer's request and shall not be required to pay any compensation.

8.2. Installation Indoors

The Interior Installation, which mostly includes Customer-premises Equipment (televisions, video cassette recorders, computers, telephones, etc.) must comply with safety and technical requirements and any other applicable legal provisions.
It must be possible for the technician to carry out all the work needed without having to move the furniture in the Customer's home. VOO will do its utmost to complete the installation without causing any damage. However, VOO shall never be held responsible for material, aesthetic or other damage likely to be incurred during installation, unless there is criminal intent or gross negligence on the part of the VOO technicians. The Customer shall be required to disconnect any part of his Interior Installation if its usage blocks or interferes with the VOO network as soon as the Customer notices it or upon request by VOO. If the customer fails to do so, VOO shall have the right to suspend or, if necessary, terminate the Contract.
VOO can provide the Customer with additional information about the technical specifications pertaining to the compatibility of the Customer's Interior Installation with the service. This information is available on the VOO website and is sent to anybody who requests it in writing. The Customer alone is responsible for the compatibility of his Interior Installation with the service. VOO shall in no case and in no way be bound to restore the Customer's Interior Installation to a pristine condition.

8.3. Connection - Activation

Only VOO is authorised to carry out Connection and Activation.

8.4. Equipment

To enable it to deliver certain services, VOO must provide the Equipment which is described in the subscription contract. This Equipment is either provided free as part of the service subscribed to, or hired, depending on the provisions of the subscription contract. In case of suspension of service for any reason whatsoever, Equipment rental fees shall still be due. The Equipment remains the exclusive, non-transferable and non-assignable property of VOO. The Equipment is made available to the Customer for private use and the specified usage only. The Equipment may not be transferred, sold or made available to third parties in any form whatsoever. If the Customer fails to respect these rules, VOO reserves the right to terminate the Contract, without prejudicing its right to claim damages and interest from the Customer.
The Customer remains responsible for the Equipment and is required to keep it in good order for the entire length of the subscription contract thereto and after the expiry of the subscription contract, until the Equipment is returned to VOO. The Customer formally undertakes not to carry out any technical intervention, or make any changes or modifications to the Equipment. If the Equipment is seized, or a third party makes any claim to it whatsoever, the Customer is required to oppose this and notify VOO immediately. If the Equipment is lost, stolen or damaged, the Customer is required to inform VOO within 48 hours by registered letter. In this case, the Customer shall compensate VOO for the replacement cost based on the rates in force, except in cases of force majeure, in which case the burden of proof lies exclusively with the Customer. The Equipment made available to the Customer must be returned to the place(s) designated by VOO within 15 days of the end date of the relevant subscription contract. When the Equipment is returned, any guarantee paid by the Customer is reimbursed to him no later than the final day of the month following the month in which the Equipment was returned, with deductions made for any costs for repairing the Equipment or replacing missing elements and any sums owed by the Customer to VOO.
If the Equipment is not returned, a flat-rate compensation will be charged to the Customer on the basis of the current rates. If this is the case and the Customer has paid a guarantee, VOO will retain this guarantee to cover all or part of the sum of this compensation.

9. Repairs - Maintenance

VOO will repair Equipment unless the repair needed is caused by an error, or by an intentional or fraudulent act by the Customer. The measures to be taken are at VOO's discretion. If the repair is deemed to be the responsibility of the Customer, he will be charged for it by VOO on the basis of the current rates.
Some maintenance operations, which are required to keep the services operating to a good standard, may involve a temporary interruption to the services for which VOO may not be held responsible. VOO makes every effort to conduct these operations outside primetime viewing or peak service usage times.

10. Responsibilities

10.1. The responsibility of VOO

Subject to technical constraints, VOO undertakes to engage all resources at its disposal to ensure that the Customer can access the service(s) to which he subscribes. However, VOO makes no warranty, express or implied, as to the error-free or uninterrupted operation of the service or the ability of the service to meet the Customer's expectations or needs. VOO shall not be held responsible except in the event of criminal intent or gross negligence on the part of VOO, its employees or its representatives, or if it fails to meet an obligation in respect of one of the main services provided for under the Contract. Its responsibility, if applicable, is solely limited to compensation for expected, direct, personal, material and certain other damages suffered by the Customer and excludes compensation for all indirect or immaterial damage. VOO cannot be held responsible for interruptions or disruptions to services due to force majeure or other unforeseeable events, such as strikes, bad weather, subject to the sovereign appreciation of the Courts or any other events attributable to the Customer or a third party. In all circumstances, VOO's responsibility will be no greater than an amount equal to the total sums paid by the Customer to VOO for subscriptions to the service(s) during the 24 months preceding the damage.

10.2. The responsibility of the Customer

The Customer is solely responsible for all direct or indirect, material or immaterial harm caused to VOO or to third parties by the Customer or any third party using the service subscribed to by the Customer. The Customer agrees to compensate VOO for any prejudice resulting in particular from any act, claim for or award of damages against VOO as a result of the behaviour of the Customer or any third party using the service subscribed to by the Customer or following violation of the intellectual rights of third parties by the Customer or any third party using the service subscribed to by the Client.
The Customer shall be responsible in the event of fraud involving Linkup, Connection, Activation and/or Equipment made available to him. Under these circumstances, without prejudice to the right of VOO to claim damages, the Customer shall pay VOO a lump sum of € 250 to cover the cost of repairs and other technical and administrative costs. The Customer assumes full responsibility for the choice of his PIN code/password/login or for keeping the initial PIN code/password/login proposed by VOO, and for its use: it may be used by him and/or by a third party. The Customer expressly relinquishes generally any recourse whatsoever against VOO in relation to this.

11. Transfer

The transfer by a Customer of all part of his rights and obligations as set out in the Contract to a third party is only permitted for certain services and requires prior written agreement from VOO. If VOO accepts the transfer, all the rights and obligations under the Contract are transferred to the assignee who accepts them. The assignee and the assignor must send VOO a Contract transfer request form duly signed by both parties. This form is available on the VOO website and is sent to anybody who requests it from VOO in writing.
VOO may transfer all or part of its rights and obligations resulting from the Contract to any third party of its choice without the Customer's approval.

12. Complaints and intervention by the ombudsman

12.1. Complaints made against VOO

Customer complaints must be made by registered letter to VOO's Customer Service.
For complaints about billing, the Customer has a deadline of 30 days from the date that his bank account is debited, or from the date that he received the invoice, payment notice or payment request, to contest the amount. If this deadline is exceeded, the Customer is deemed to have definitively accepted the amount.
In the event of a complaint, the payment remains due on the agreed date, unless the Customer's complaint has been declared admissible by the Mediation Service.
The Customer has a deadline of 5 calendar days from the date of the suspension of his service to lodge a complaint. Beyond this period, the Customer may not claim any compensation from VOO for the damage resulting from this suspension, for the period between the fifth day and the day when the claim is made.

12.2. Complaint lodged with the Ombudsman

Any Customer who is not satisfied with the way VOO handles his complaint may contact the Telecommunications Ombudsman, which is a legal entity instituted by the Belgian Institute of Postal and Telecommunications Services:
Ellipse Building, Bd. du Roi Albert II, 35, 1030 Brussels - Tel. 02/223 06 06 - Fax. 02/219 77 88 http://www. ombudsmantelecom.be. The Telecommunications Ombudsman operates entirely independently of VOO. In line with its remit, it receives no instructions from any authority. The Customer has the option of contacting the ombudsman in French or Flemish. At the Customer's request, VOO will provide him with the procedure to be followed for lodging a complaint with the ombudsman.
Complaints are only admissible if the Customer can demonstrate that he has already lodged a complaint with VOO using its complaints procedure. Only written complaints are accepted.

12.3 Proof

The Customer recognises that the encoding of his requests and the information registered in the VOO IT and order systems constitute formal proof of the Customer's requests, such as requests for subscribing to and/or activating a service or an Option, modifying the type of service to which the Customer is subscribed, ordering programmes, etc.

12.4 Applicable codes of conduct

VOO is subject to the following codes of conduct:

  • - ISP Code of Conduct issued by the "Internet Service Provider Association Belgium" abbreviated to "ISPA Belgium" and available on the website www.ispa.be
  • - Code of Ethics for Telecommunications (Royal Decree of the 9th of February 2011/Belgian Gazette 21.06.2011, p. 36508) available on the website www.telethicom.be

At the written request of the Customer, a copy of these codes will be sent to him.

13. Changes to the General Terms and Conditions of the subscription contract

VOO undertakes to inform the Customer of any change to the General Terms and Conditions applicable to an open-ended contract or any change to the open-ended subscription contract with an impact for the Customer at least one month before its entry into force.
Any Customer who objects to the changes to the General Terms and Conditions applicable to an open-ended contract or to the changes to the open-ended subscription contract has the right to terminate without charge, in the first case, the Contract, in the second case, the open-ended subscription contract no later than the last day of the month following the entry into force of the new General Terms and Conditions or the modification of the subscription contract.
If the change entails an increase in the subscription price, any Customer who opposes this change, shall be entitled to terminate its open-ended subscription contract without charge no later than the last day of the month following receipt of the first bill issued after the entry into force of the price increase.
However, VOO reserves the right to change the General Terms and Conditions applicable to fixed-term and open-ended contracts or fixed-term and open-ended subscription contracts if the change entails the implementation of a change of a purely factual situation, a change to the regulatory framework, leaving no choice to VOO on how to make the changes imposed, without the Customer being entitled to termination without charge. Customers will be informed of such a change at least one month before its entry into force.

14. Jurisdiction and applicable law

The Contract is governed by Belgian law. Any dispute concerning the interpretation or execution of the Contract falls under the exclusive jurisdiction of the courts in which the headquarters of the legal entity that provides the service(s) to the Customer are located.

GENERAL TERMS AND CONDITIONS APPLICABLE TO THE DIFFERENT SERVICES

15. Analogue, digital and interactive digital television services

15.1 Prerequisites

Interactive digital television and HD television are only available in the geographical zones where the service can be received. The list of these zones can be found on the VOO website and can be sent to anybody who requests them in writing from VOO.

15.2. Copyright

The services offered by VOO, their content and the Equipment made available to the Customer are protected notably by the legislation concerning intellectual property rights. Any recording or copy made for any other purpose than for private use on any format whatsoever, and any public broadcast, is forbidden. The services and their content are exclusively intended for the private domain. The Customer may not authorise any third party to use the services and their content either by broadcasting them or copying them. In the event of failure to comply with the obligations described above, the Customer exonerates VOO from any complaint or action emanating from a third party.
In application of the legislation in force, VOO is obliged to pay royalties. These are charged to the Customer in whole or in part and are included in the subscription price paid by the Customer. The same is true for the obligatory contributions imposed by the French Community under the terms of the decree on broadcasting.

15.3. Set-top box

To receive the digital television or interactive digital television service, the Customer must have a VOO set-top box, purchased or provided by VOO. If the Customer wishes to receive the digital television or interactive digital television service on several television sets, he must have a set-top box for each television set. Depending on the type of VOO set-top box, the installation may be carried out by the Customer himself or by VOO. If the Customer installs the set-top box himself, he does so at his own expense and ensures that he inserts the chip card supplied along with the set-top box into the set-top box in the space provided for this purpose which enables him to access the digital television or interactive digital television service. The Customer shall install the set-top box in compliance with the installation manual supplied along with the set-top box.
The Customer may only use this set-top box and the services to which it provides access for his own personal use and solely for the purposes of decrypting the digital television channels to which he has access under the terms of his subscription contract, and only on a single television set. This set-top box can in no case be used directly or indirectly to allow a third party to receive the VOO digital television or interactive digital television services.
If the set-top box provided for the Customer by VOO breaks down, this set-top box will be repaired or replaced by VOO so long as the Customer has complied with the obligations defined in the Contract. When the set-top box is replaced or repaired, VOO shall never be held responsible for the loss of personal information about the Customer stored by him in the set-top box.

15.4. Chip card

The chip card supplied by VOO when the Customer purchases or uses a set-top box provided by VOO, remains the exclusive, non-transferable and non-assignable property of VOO. It may not be transferred, sold or made available to a third party in any form whatsoever and may only be used with the VOO set-top box.
If a card is lost or damaged, for any reason whatsoever, the Customer must inform VOO within 48 hours. The damaged card must be returned to VOO at the address given to the Customer upon request. A new card will be sent out to the Customer by VOO as soon as possible. It will be charged to the Customer on the basis of the current rates. In the meantime, the Customer is obliged to comply with the obligations set out in his subscription contract to digital or interactive digital television.
Chip cards provided to the Customer by VOO must be returned to VOO, when the need arises, at the same time as the VOO set-top box, to the place(s) designated by VOO, in perfect condition, within 15 days of the end of his subscription contract to digital or digital interactive television. If the Customer fails to return the chip card within this period, the Customer shall be liable for compensation calculated on the basis of rates in force without prejudice to any other sums due to VOO.

15.5. Programmes

VOO broadcasts the digital television signals and the TV/FM analogue television signals for the channels that form part of its offer. The programmes announced by the television channel broadcasters are the responsibility of those broadcasters and may, at any time and without notice, be changed by those broadcasters. Since VOO is not a broadcaster of programmes, it shall never be held responsible for their content. VOO is not solely responsible for the transmission of programmes and therefore may not be held responsible for direct or indirect damage due in particular to a breakdown, delay or interruption in the retransmission or reception of programmes. VOO provides Customers who subscribe to the digital television and interactive digital television service with an electronic programme guide. This functionality allows Customers to consult information about the programming on certain channels. VOO may not be held responsible for the content, precision and the exhaustive character of this information. VOO has the right, at any time and without notice, to modify the technical characteristics of the services and their makeup, particularly the number and nature of the channels and the makeup of the catalogue of programmes offered by VOO (VOD/VODS).

15.6. "On demand" Service (VODS/ VOD)

The "on demand" service is an accessory service which enables the Customer, upon request, to order and view a specific audiovisual programme chosen from a catalogue of programmes offered by VOO. This service can be accessed on an individual basis (VOD) or as part of a subscription contract (VODS).
The Customer is notified of on-demand service offers (programmes, times, duration, prices, etc.) by any means decided upon by VOO. The Customer orders the programme(s) of his choice via the channels made available by VOO and brought to his attention by way of commercial communication. The order control process is assured by the use of a personal identification code called a PIN code which is entered by the Customer at the time of placing the order.
Access to the "on demand" service may be limited by using the parental access code on the digital terminal. Access to the on demand service may be cancelled or reactivated upon written request from the Customer.
If the Customer requests a programme, it is delivered immediately after the order. The Customer may not cancel, change or postpone an order once it has been placed. The price of each programme ordered is charged to the Customer's account and will appear on the first invoice/payment notice/payment request following the order or, if applicable, be debited on the date of the next direct debit.
VOO's obligation to fulfil the orders placed by the Customer does not constitute a best endeavours obligation.
Once the subscription contract has expired, or been terminated or suspended, for whatever reason, the Customer will no longer have access to the "on demand" service, even if programmes have been ordered but not yet viewed.

16. Internet service

16.1. Usage conditions

In order to guarantee optimum usage conditions for the service, the VOO Internet unlimited service offers are solely for the Customer's private and personal use. This usage guarantees intensive use for the Customer. The unlimited nature of the service cannot be assured, particularly in cases of fraud, dishonest usage, usage infringing the rights of third parties, particularly the intellectual property of third parties, or usage that constitutes an abuse of case-law.
The Customer undertakes to respect the information concerning access to and consumption of the internet service, particularly as regards volume and speed, given by VOO on its web pagehttp://www.voo.be/fr/gestion-reseau/ to ensure a level of service quality for all Customers.

16.2. Protection of computerised data

The Customer is solely and fully responsible for his use of the internet service. The Customer undertakes to use the service in compliance with all legislation in force. In a general manner, the Customer undertakes to only use the service with all reasonable care. He undertakes to comply with all copyright law in connection with the data he uses or transmits and expressly relieves VOO of all responsibility in this respect.
From that point on, VOO may never be held responsible for the consequences resulting from this use or for the content of the data transmitted or received by the Customer.
The Customer recognises that VOO has no control over these data and has no obligation to provide any such control. The Customer relinquishes any recourse against VOO on the grounds of any damage of any kind that he may suffer while using the service, whether wrongfully or not.
VOO may never be held responsible for damages, errors or omissions, interruptions, faults, theft or destruction caused by a third party to the Customer's IT system. Nor shall VOO be held responsible for the loss of computerised data stored on the Customer's system or any loss of data from the e-mail and WEB space made available to him.
VOO builds protections into its network, such as "spam" and "anti-virus" filters to minimise the risk of abuse and to provide the Customer with maximum protection against any external attack.
However, the Customer shall take all useful and necessary measures to avoid cyber crime and computer viruses.

16.3. Copyright

Any software made available to the Customer is protected, notably by the legislation governing intellectual property rights. Consequently, the Customer undertakes not to copy software, except when making backup copies, not to make changes to it and to comply with the obligations set out in its usage licence(s).

16.4. VOO Internet Security Service

16.4.1 Terms and conditions of the subscription
The Customer may only use the VOO Internet Security service after accepting in advance and respecting the licensing terms and conditions issued by F-Secure of which he will be informed in the e-mail for downloading the VOO Internet Security service. If the Customer does not accept these terms and conditions, he may ask VOO to cancel his subscription to the VOO Internet Security service but this request must be sent in writing within two months following the date of subscription to the service.

16.4.2 Liability and limitation of guarantee
The VOO Internet Security service is provided by F-SECURE CORPORATION without the intervention of VOO. The Customer releases VOO from all responsibility resulting directly or indirectly from the installation or the use of the VOO Internet Security service.
VOO cannot guarantee that the VOO Internet Security service will be available without interruptions or error, that all possible defects will be corrected, or that the computer on which the VOO Internet Security service is installed will be protected against viruses, undesired e-mails and/or cyber attacks of any kind whatsoever. The VOO Internet Security service does not protect the computer against viruses or other malware that were present on the computer before the service was installed. Accessing files is the sole responsibility of the Customer and is at his own risk. The Customer releases VOO from any liability resulting directly or indirectly from the storage and/or sharing of infected files. Access to or the transfer of shared or stored content cannot be protected from third-party intrusion by the VOO Internet Security service. VOO shall consequently not be held liable in the event of unauthorised access by third parties to content that the Customer shares or stores. VOO gives no warranty as to the capacity of the VOO Internet Security Service to meet the Customer's expectations or needs.
VOO shall not be held liable for any loss and/or damages of any nature whatsoever, experienced by the Customer as a result of the suspension, the interruption, the (technical) breakdown, the slow speed, access problems and/or interruption of all or part of the VOO Internet Security service.

16.4.3 Cookies
Downloading and using the VOO Internet Security service may require the installation of cookies. The Customer accepts their installation.

17. Landline telephone service

17.1. Access to emergency services

The VOO telephone service provides free access 24 hours a day and 7 by 7 to the Belgian emergency numbers and the European number (112). In addition, VOO sends information about the location of the caller to the emergency services that provide on-site assistance, as soon as they receive the call.

17.2 Conditions and terms of use

The Customer undertakes to use the service in compliance with all legislation in force. In a general manner, the Customer undertakes to only use the service with all reasonable care.
The following notable types of usage of the service are forbidden:

  • • use for purposes other than personal and private;
  • • the use of the service as a gateway for redirection of communications or linking;
  • • unauthorised use by VOO on group lines or on an ISDN line;
  • • the connection of the telephone line to a PABX.

In the event of a prohibited use of the service, VOO reserves the right to immediately suspend the service and, if necessary, to terminate the Contract under the conditions defined in article 6.4. Whatever the type of telephone service subscribed by the Customer, his call may be interrupted by VOO beyond 2 hours of continuous use to ensure the fluidity required on the network for the benefit of all customers.

17. 3. Directories

The Customer may ask to be included in the local directory for his place of residence.
The Customer's details are entered into this directory free of charge. In any event, the Customer remains solely responsible for the information he has provided as to their appearance in the directory. The publication of this information may at any time be suspended by VOO without entitlement to appeal against VOO in the following cases: in the absence of production of evidence that could confirm the accuracy of the information published within 15 days of the written request sent by VOO to the Customer; where inclusion has the effect of damaging the image of the directories; when inclusion is liable to undermine the rights of others; in the event of breach of general standards of decency or to ensure the protection of children; and more generally in all cases likely to circumvent the laws, regulations and business practices in force. The purpose of the directories is to enable third parties to find the telephone number of the Customer on the basis of his name and address as communicated to VOO. The distribution of directories is conducted in accordance with the regulations in force.

17.4. Portability - transfer of the number

Number portability allows the Customer to retain it when changing service provider. When a Customer changes operator and wishes to keep his existing telephone number(s), he authorises his new operator to take the necessary steps with the previous operator for the number to be ported.
The transfer of his existing number(s) to the new operator does not exempt the Customer from discharging his contractual obligations to the previous operator, and he may have to pay damages to the previous operator if these obligations are not respected.
VOO takes the necessary measures to complete the portability of the number requested by the Customer in compliance with the applicable legal provisions. However, VOO may not be held responsible if the portability is not completed or is delayed for any reason attributable to the prior operator or to the Customer, or for technical reasons. In certain circumstances, portability is not possible, notably:

  • • if the Customer requests the portability of his number to another telephone zone;
  • • if the prior operator does not respect the legal portability procedure.

17.5. Responsibility

If the Customer has a remote monitoring, telemonitoring or alarm system, VOO takes no responsibility if the telephone service is interrupted except in the event of criminal intent or gross negligence.

17.6. Nuisance calls

If the Customer receives nuisance calls from third parties, he may contact VOO who will take all measures it deems necessary.
If these calls persist, the Customer has the possibility of lodging a claim with the Telecommunications Ombudsman, by writing to the following address: Ellipse Building, Bd. du Roi Albert II, 35, 1030 Brussels - Tel. 02/223 06 06 - Fax. 02/219 77 88 http://www.ombudsmantelecom.be.
The Customer has the choice of contacting the ombudsman in either French or Flemish. To be accepted, the claim must be in writing and the Customer must demonstrate that he has already taken the necessary steps with VOO.