Information Adaptation General Conditions

Our General Terms and Conditions will be adjusted as of 10/9/2023. You can find the full new version – with the modified articles highlighted in yellow – here. Below you have an overview of the changed articles, where we have marked the changes for you in bold.

Article 1 Definitions

The Contract is the obligation of Orange Belgium s.a. to provide certain Services, and the obligation of the Customer to respect the Conditions that are linked to those Service. As a minimum, the Contract contains information about the Customer’s identity and mentions the selected Service(s) and Option(s), as well as their duration. In case of contradiction, the Contract takes precedence over the Special Conditions for the Service or Option, which in turn take precedence over the Conditions for Services.

Invoice Split is an option under the Agreement for the Mobile Service with the Customer, via the conclusion of an Invoice Split contract in which the cards or lines are indicated for which this option applies, the Users who benefit from this option, and the splitting up of the amount or the percentage of the invoice amount that is to be borne by the Customer and the amount or the percentage of the invoice amount that is to be borne by the Users.

Affiliated Companies of Orange Belgium: Any company that, in accordance withunder the Code of Companies and Associations, is affiliated with Orange Belgium.

 

Article 2 Activation of Services

2.1.1. The Customer, who wishes to gain access to a specified Service, must have this Service defined in a Contract, which is prepared by a commercial representative of Orange Belgium s.a., or by an independent agent recognized by Orange Belgium s.a. Any additions to a Service should be the subject of a separate Contract. The Customer will communicate to Orange Belgium s.a. the e-mail address, mobile phone number and the address details that he will use within the framework of the contractual relationship with Orange Belgium s.a..

 

Article 3 The Agreement

 

3.1 Effectiveness of the Agreement

The Agreement enters into effect as of the date on which the Contract for a (Combined) Service is signed by the Customer. Should the contract be concluded via Orange’s website, the agreement enters into effect as of the moment Orange Belgium s.a. receives the electronic notification from the customer stating the order, unless:

a) If the legal person or the association refuses to provide the required information as stated in article 2.1., or if this legal person has given incorrect or false details.

b) If the legal person or the association has not complied with the obligations that are a consequence of another Contract with Orange Belgium s.a.

c) If Orange Belgium s.a. has proof or serious suspicions of non-payment, fraud or the use of SIM card(s) for purposes that do not comply with the Agreement, are illegal or against statutory regulations and/or contrary to public order and morality.

d) If the legal person or the association is a defaulter.

e) If the Customer disrupts or constitutes a threat to the correct operation of the Orange network, or damages its integrity; in which cases Orange Belgium s.a. reserves the right not to activate the Services and/or Options.

To the exclusion of the above cases, and except in technical circumstances that do not allow or that do not reasonably allow realizing a connection of a Service onto the Orange network, Orange Belgium s.a. commits itself to bring about the Activation in as short a period of time as possible. Fees are owed by the Customer as of the moment of Activation.

In case of the Combined Service, Activation of the various Services that are part of the Combined Service may take place at different times. In such case fees are owed as from the first Activation.

If the Agreement provides for a fixed term, this fixed term begins to run as of the (first) Activation, unless agreed otherwise.

 

3.3 Contractual term for the various Services

3.3.1. Different Services can have a different duration, so separate contract terms may apply.

A Contract is concluded for the duration mentioned on the Contract: either for an unlimited term or for a fixed term. The fixed-term Contract is for a period of at least 12 months. By mutual agreement, a term of 24 months or longer is possible. For Contracts with a fixed term of longer than 24 months, Customers that are Micro-enterprises, Small enterprises, Micro-organisations without profit motive or Small organisations without profit motive must, at the time of conclusion of the Contract, have explicitly and freely consented to exceed the initial term of twenty-four months. After expiry of the fixed term determined by the Contract, the Contract is tacitly extended for an indefinite period. During this extension of the Contract for an indefinite period, Orange Belgium s.a. reserves the right to terminate all loyalty premiums of whatever kind.

Each Party can terminate the Contract by all written means without mentioning the reason. The cancellation notice is served to the address that is referred to in article 19.

In case of cancellation by the Customer with a maximum of 9 employees, the Contract, that is automatically extended after its initial fixed term or the cancellation of which takes place with a view to a transfer to a different operator, is terminated at a time chosen by the Customer, even if this is immediate.

The Contracts with the other Customers that were automatically extended can be cancelled with a cancellation period of at most one month. The Customers shall also respect the provisions of article 12.2. Depending on the case, Orange Belgium s.a. shall terminate the relevant Service at the end of the cancellation period or at the moment desired by the Customer and, if immediate termination is requested, as soon as technically possible. Orange Belgium s.a. sends a written confirmation of the termination to the Customer.

 

3.3.2. Contractual term of the Combined Service

3.3.2.1. A Combined Service Contract is concluded for the term mentioned in the Contract: either for an unlimited term or for a fixed term. The fixed-term Combined Service Contract is concluded for a period of at least 12 months. A term of 24 months or more is also possible by mutual agreement. For contracts of longer than 24 months, Customers that are Micro-enterprises, Small enterprises, Micro-organisations without profit motive or Small organisations without profit motive must, at the time of conclusion of the Contract, have explicitly and freely consented to exceed the initial term of twenty-four months.

After expiry of the fixed term established in the Combined Service Contract, the Contract is tacitly extended for an indefinite period. During this extension of the Contract for an indefinite period, Orange Belgium s.a. reserves the right to terminate all Loyalty Premiums of whatever kind.

3.3.2.2. Each Party can cancel the Contract by any written means without mentioning the reason.

The cancellation notice is served to the address that is referred to in article 19. In case of cancellation by the Customer with a maximum of 9 employees, the Contract that is automatically extended after its initial fixed term or which is cancelled with a view to a transfer to a different operator is terminated at a time chosen by the Customer, even if this is immediate. The Contracts with the other Customers that were automatically extended can be cancelled with a cancellation period of at most one month. The Customers shall also respect the provisions of article 12.2.

 

3.4. Index adjustment, Modification of the Contract, and rate increase

3.4.1. Orange may revise and adapt its prices twice a year in accordance with the consumer price index.

3.4.2. In the event of a modification of the terms and conditions of the Contract, or in case of a rate increase or a price increase linked to the consumer price index, the Customer shall be notified thereof one month in advance, properly, in a clear and understandable manner, individually, via a durable data carrier. The publication of a message via the Customer Zone, by e-mail, via SMS, by letter or via a message or an annex to the invoice, or a message on the website of Orange Belgium s.a., are regarded as suitable means of communication.

3.4.4. If the Customer has signed the Invoice Split Option, Orange Belgium nv reserves the right, in the case of a rate increase or indexation, to apply this in full to the contribution of the Customer and not to the contribution of the Users, without the Customer’s prior explicit consent.

 

Article 4. Protection of privacy

 

4.2.7. Orange Belgium nv can share customer data with Affiliated Companies of Orange Belgium s.a. for conducting information or promotional campaigns for products and services of Orange Belgium s.a. and of the Affiliated Companies, unless the Customer objects to this.

4.2.8. The Customer can register their subscriber phone numbers on the “Do not call” list for free, via the telephone number 02/882.19.75. For information see the web address: www.centralnumberdatabase.be or www. bel-me-niet-meer. be (NL) or www.ne-m-appelez-plus.be (FR), so that their numbers won’t be used for direct marketing calls. After registration, the Customer (and the Users) may still receive direct marketing calls for up to one month.

 

Article 5. Performances, obligations and liability of Orange Belgium s.a.

 

5.2. Resource commitment Orange Belgium s.a. commits itself to undertake all that this necessary, for providing access to the Orange Network and the Service chosen by the Customer in an optimal manner. Orange Belgium s.a. makes a resource commitment. It will always use all the technical data it has available based on the technology used. Orange Belgium s.a. selects autonomously the technical resources that are required, for providing access under the best circumstances. Mobile telephony, for example, is a form of wireless communication that works through the distribution of radio signals. Since these signals are subject to interference through external causes, or through impediments that are a characteristic of buildings, vegetation or geographic relief, a perfect transmission cannot being guaranteed at all times and everywhere.

The Customer acknowledges that the Service is based on a constantly evolving technology and that Orange Belgium s.a. can adapt the specifications of the Service to new technologies. If the Service remains unchanged as a result of such an adaptation, this adaptation is not regarded as a change of the Agreement.

 

5.3. Modifications

5.3.3. If Orange Belgium s.a. decides, pursuant to the operation requirements, to permanently discontinue a Service or Option, Orange Belgium s.a. shall inform the Customers thereof as quickly as possible by all appropriate means. The Contract for this Service shall then rightfully end from the moment of the removal of this Service, without either party owing any compensation.

The old Conditions and tariffs remain applicable until the expiry of the Contract or the Option.

 

Article 8 Orange equipment

8.6 If the Orange Equipment should show any defect, it will be repaired or replaced by Orange Belgium s.a. free of charge, insofar as the fault is not caused by the Customer or a third person.

8.12. Unless stipulated otherwise, Orange Belgium s.a. will remove all Orange Equipment that is located at the Customer at the end of the corresponding Contract, independent of the reason for which the Contract is terminated. Only Orange Belgium s.a., or a person that has been authorized by Orange Belgium s.a., may proceed with the disassembly of Orange Equipment.

 

Article 12 Termination

12.1.7. The termination, in conformity with the above Articles, does not prejudice the right of Orange Belgium s.a. to recover damages that it has suffered from the Customer. The termination, for whatever reason, has no effect on the Customer´s duty to pay all owed amounts and costs. In addition, Orange Belgium s.a. reserves the right to reclaim loyalty premiums from the Customer.

12.2.2.1. The Customer can, without giving reasons, terminate the Contract before expiry of the initial fixed term by any written means and subject to payment of a termination fee defined on the basis of the Reference Amount mentioned below:

a) Reference Amount = remaining number of months to the expiry date of the fixed-term Contract x monthly subscription fee for the (Combined) Service involved. Monthly subscription fee = minimum commitment of the Customer (monthly fixed usage amount/ the contractual calling time included) and fixed monthly amounts per call number and per additionally subscribed Services and options. In the event of modification of the minimum commitment in the last 6 months before the termination, the minimum commitment from before the modification shall be used for the calculation.

b) If no minimum commitment is provided in the Contract, the Reference Amount is defined as follows: Reference Amount = remaining number of months until the expiry date of the limited-term Contract x the average amount that during the last 3 months prior to the termination was invoiced within the framework of the Contract for the relevant (Combined) Service (both to the Customer and as applicable to the User(s)), including any Options x 50 %.

c) Orange Belgium also reserves the right to reclaim Loyalty Premiums that the Customer wrongfully enjoyed.

12.2.2.1. De Klant kan, zonder opgaaf van redenen, het Contract beëindigen voor het verstrijken van de initiële bepaalde duur met alle schriftelijke middelen en mits betaling van een verbrekingsvergoeding bepaald op basis van

12.2.4.3 Orange Belgium also reserves the right to reclaim Loyalty Premiums that the Customer wrongfully enjoyed.

 

Special conditions of the Mobile Service

5. Mobiele nummeroverdraagbaarheid

5. Mobile Number Portability

Mobile number portability means that Customers can retain their mobile telephone number when they change mobile operator. The Customer reserves the right to transfer the mobile telephone number to a different operator during one month after the date of cancellation of the Agreement for the Mobile Service. Only mobile numbers can be transferred, not Services or Options.

 

Special conditions for Fixed Telephony Services

4. Number portability of fixed numbers

The number portability of fixed numbers means that the Customer can retain his fixed telephone numbers when he changes his fixed operator. The Customer reserves the right to transfer the fixed telephone number to a different operator during one month after the date of cancellation of the Agreement for the Fixed Telephony Service.

 

Special conditions for the Broadband Internet Service

3. Obligations of the Customer

3.1.6. The Customer shall inform Orange Belgium s.a. 6 working weeks in advance of a planned move of the Orange Fix Network Access Device. The Customer shall do what is necessary for the move of the Orange Fix Network Access Device and its accessories himself. However, the installation of the Orange Fix Network Access Device at the new Customer location after the move shall be carried out by an Orange-appointed installer. In order to ensure the installation of the Orange Fix Network Access Device after a move, the Customer should strictly com-ply with the provisions of article 3.1 ‘Preceding requirements for installation of the Orange Fix Network Access Device and activating the Broadband Internet Service’ and the provisions of article 4.8 ‘Installation of the Orange Fix Network Access Device’. The installation of the Orange Fix Network Access Device at the new address shall only take place if all Orange’s required conditions are met and if it is technically possible (in the sense of article 3.5 of the General Terms and Conditions) to supply the Service. Moving the Fixed Service has no impact on the term of the Con-tract, provided that the Contract still has a remaining term of at least 12 months at the time of the moving request; otherwise, the Contract is prolonged by a period of 12 months after conclusion of the still-remaining term of the current Contract.

Orange Belgium s.a. reserves the right to charge a cost for moving the Fix Access Network Device and accessories. These costs are mentioned on the Orange Belgium website (orange.be).

4.9. Returning the Fix Network Access Device

4.9.1 At termination, for whatever reason, of the Broadband Internet Service Contract, the Customer should return the Fix Network Access Device to Orange Belgium s.a. in its original state, except for normal wear, within 14 working days after the termination of the Contract. If the Fix Network Access Device is not returned to Orange Belgium s.a. within this period of time, Orange Belgium s.a. reserves the right to have the Fix Network Access Device collected by the installer at the cost of the Customer. These costs are mentioned on the Orange Belgium website (orange.be).

4.9.2 Orange Belgium s.a. also reserves the right to charge a cost for refurbishment (repair, renovation) of the Fix Access Network Device in case of early termination of the Broadband Internet Contract. These costs are mentioned on the Orange Belgium website (orange.be).