1850 terms and conditions

1850 BV ('1850') seated in Vreeland, The Netherlands and having their office at (1213 PG) Hilversum, The Netherlands at Marathon 11F. 

1. Application
1.1 The terms and conditions of this agreement ('Agreement') apply to each use by the user of the services of 1850 ('Services'), and by using the Services the user agrees to be bound by them.
1.2 Part or all of any clause of this Agreement that is enforceable or illegal is to be served from this agreement and does not affect the enforceability of the remaining provisions of this Agreement. 

2. Service Provisions
2.1 1850 provides the Service to the user with the quality standards for independency and neutrality liability, promptness and care of a competent service provider.
2.2 Providing the Services 1850 depends on the available capacity. 1850 can not guarantee that the necessary telecommunication connection is available at any time.
2.3 1850 may change or adjust the Services without notification of the user
2.4 1850 may block or cancel a Service without notification. 

3. Use of the Service
3.1 The Services are provided for own use of the user. User may not resell the Services to any third party.
3.2 User may not use the Service in any improper or unlawful manner. In case of abuse of the Services, 1850 may, temporarily or indefinite suspend the Service without notice to the user.
3.3 The Services may be recorded to detect abuse as referred to in paragraph 3.2 or to control the quality standards of the employees of 1850 and/or the Services provided. 

4. Availability of the Services
4.1 The Services are available 24 hour a day and seven days a week.
4.2 Users acknowledge that availability can not be guaranteed. By nature the Service is not without failure. Performances that could prevent provision of the Services are including but not limited to the act or omission of telecommunication and internet providers, lockout of the connection by the provider, full access to the phone number to use the Service and full access to the call center of 1850, failure or shortage of power supplies and default or failure in the Services.
4.3 1850 will use its reasonable endeavour to restore a default or failure in the Service within a reasonable time limit unless the default or failure is a result of an act or omission of the provider or of the apparatus and/or of the soft- and hardware of the user or is a result of failure or shortage of power supplies. 

5. Charges and payment
5.1 Unless determined differently by 1850, the user will be charged for the Services based upon the agreed tariffs or revised tariffs. On request of the user, an overview of tariffs can be send to user. The actual tariffs are also published on the website van 1850 under www.1850.nl or another website of 1850 ('website of 1850').
5.2 In case the Service can only be accessed via a provider, the user will be charged for the Service by 1850 and for the rates charged by the provider. These rates differ per provider whose services user used to access the service. The rates are set out on the websites of the providers or can be requested at customer services of the provider.
5.3 The charges shall be payable by user irrespective of whether or 1850 is able to provide a requested number when using the Service.
5.4 In case the Service can only be accessed via a provider, the charges for use of the Service will appear on an invoice that user receives from the provider whose services user used to access the Service. Those charges shall be payable according to user's payment arrangement with that provider.
5.5 In case the Service is not accessed via a provider, 1850 will send periodic invoices. Payment by automatically collection is preferable. In case that is not possible the term for payment is 14 days after the date of the respective invoice. 

6. Personal information
6.1 For our privacy policy we refer to our Privacy Police that could be found on the website of 1850.
6.2 In case user will prevent that by using the Services his telephone number is recognizable by third parties, user must send an email to customer services of 1850 via: klantenservice@bel1850.nl. 

7. Intellectual Property
7.1 All Intellectual Property Rights in the Service belong to 1850.
7.2 1850 is not liable for infringement by users of intellectual property rights of third parties. User indemnifies 1850 for such infringements. 

8. Liability
8.1 1850 shall not be liable for damages suffered by user as a result of the use of the Service, unless damages are the result of gross negligence or malice, gross fault of 1850.
8.2 1850 is not liable for damages of users including but not limited to
8.2.1 Unauthorized use or abuse of the Service by users and/or third parties;
8.2.2 Any loss of revenues, profits, the use of money, goodwill, anticipated savings, any loss or destruction of data or for any indirect or consequential loss or damages of any kind, whether any such loss is reasonably foreseeable or not arising in connection with the Service for any reason;
8.2.3 Any inaccuracies or wrongfulness in any information given by 1850. User acknowledges that by providing information under the Services 1850 is strongly dependent off providers;
8.2.4 Behavior of 1850 and/or third parties that could causes damages but which damages reasonable can not be prevented by 1850;
8.2.5 Causes beyond 1850 reasonable control, including but not limited to stroke of lightning flood, inclement weather conditions, fire or explosion, civil war, vandalism, war, military operation, national of local emergency situation, governmental action and industrial dispute also of our own employees.
8.3 1850 is not liable for actions or failures of providers and/or third parties and/or for failures and/or problems in their network and/or apparatus.
8.4 1850's liability to user in connection with this Agreement, including negligence is limited to refunding user the charges for the use of the Service by user that gave rise to that liability. 

9. Amendments
9.1 1850 may vary the terms and conditions of this Agreement. Amendments also apply to Services that are used. Amendments will be announced on the website of 1850. Applicable version of the Agreement is the last version of the Agreement as published at the start of the use of the Services. 

10. General
10.1 1850 is allowed to transfer their responsibilities of the Agreement to third parties.
10.2 This Agreement is governed by Dutch law.
10.3 Unless agreed upon differently in writing by parties all disputes in connection with this Agreement are submitted to the exclusive jurisdiction of the Dutch Courts in Amsterdam.

Last version: September 2009