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Deedy Technologies

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General terms and conditions

ServeSmart Subscription Plan

Last updated: 03 Jun 2021.

  1. General
    1. These General Terms and Conditions apply to the Services (as defined in section Content of the Services) marketed under the Deedy brand (hereinafter “General Terms and Conditions”). These Services are provided by Deedy SRL, with registered office at Avenue Emile van Becelaere 15/Suite 17, Watermael-Boisfort 1170 Belgium, and company number 0746987201 (hereinafter “Deedy”).
  2. Definitions
    1. Invoice: the descriptive statement of the costs and fees associated with the Services provided or to be provided to the User. An Invoice that Deedy is required to issue to certain Users in accordance with the Belgian VAT legislation shall include a confirmation of the existence of a monetary claim against the User. The User must provide their VAT number.
    2. Direct Debit: The arrangement made with the User’s nominated financial institution / payment method via which Deedy is granted the right to deduct payments for the Services.
    3. Subscription: Rate plan whereby an agreement is concluded with the User to periodically deliver Services for a definite or indefinite period, which are charged to the User via Direct Debit or Invoice.
    4. Contract Summary: a summary of a specific Service of Deedy, which is provided to the User prior to the conclusion of the Agreement.
    5. Service(s): one service or all services offered by Deedy, namely ServeSmart Services via a Subscription.
    6. Customer Service: the customer service of Deedy that can be contacted as mentioned on the Website.
    7. MGM: Member Gets Member, the process by which A User can bring in new Users as customers of Deedy.
    8. ServeSmart Service: The Services that Deedy provides to enable the User to contact and be contacted via the Network with a device for use of the User’s active ServeSmart Service Subscription as set forth in the User’s elected and active Subscription plan.
    9. Deedy Equipment: all software that Deedy provides directly or through a supplier to the User as part of the execution of the Services.
    10. My Deedy: The platform of Deedy on which the User can consult all the details of their Subscription, usage, etc. My Deedy is available via the Website.
    11. Network: the telephony networks and/or internet networks that Deedy uses to provide the Services to the User. Deedy is a virtual network operator (“VNO”) and uses the network of Other Network Operators (“ONO”) to provide the ServeSmart Services to its Users.
    12. Number: The telephone number to which the User’s ServeSmart Subscription pertains.
    13. Number portability: the implementation of number portability for Numbers at the User’s request in accordance with the applicable law.
    14. Price List: The list of prices for specific products and services of Deedy, as available on the Website.
    15. User: The company, natural, or legal person using the Services.
    16. User Deals: The loyalty system of Deedy whereby the User can save User Points according to the Special Conditions relating to the User Deals.
    17. User Points: The points that the User can save as part of the User Deals, the MGM process or as indicated on the Website or in the communication with the Customer Service, and that they can use to reduce the Direct Debit or the Invoice.
    18. Website: www.deedy.be.
  3. Scope
    1. The contractual relationship between Deedy and the User in relation to the provision of the Services is determined by these General Terms and Conditions, the contract application, the Contract Summary, any special conditions and the applicable rates (hereinafter referred to as the “Agreement”). Special terms and conditions may be agreed upon between the User and Deedy for related Services.
    2. In the event of a conflict or inconsistency between the documents of the Agreement, the following descending order of priority applies: the Confirmation Email, the Special Conditions of the Service, the General Terms and Conditions and the Contract Summary. All communications preceding the Agreement are superseded by the Agreement and any modification requires the written consent of Deedy.
      1. The User confirms to have taken note of these General Terms and Conditions prior to concluding the Agreement and accepts their application to the Agreement. A copy of these Terms and Conditions and other legal documents can be viewed and downloaded at any time on the Website in the section ‘Agreement Library’.
      2. Unless explicitly stated otherwise, the provisions of the General Terms and Conditions are always applicable to ServeSmart Subscriptions.
  4. Application for Services
    1. The User can access the Services as follows:
      1. Unless otherwise elected at the sole discretion of Deedy, the User shall apply for a subscription to the Services using the Website. The User shall register and identify themselves correctly and completely on the website and apply for the Service(s) in accordance with the instructions provided. The User is solely responsible for the accuracy and completeness of the information they provide. The User commits to informing Deedy of any changes in their contact and personal details.
      2. When requesting ServeSmart Services, the Service will be configured on the basis of the information provided by the User following a correct and complete application. In the event of a request for a new Number (so not in the case of Number portability), a one-time administration fee may be charged to the User as provided for in the Price List. More information can be found on the Website.
        1. Deedy commits to doing its utmost to activate the ServeSmart Service as soon as possible – except in exceptional circumstances, by mutual agreement with the User, in case of refusal (as mentioned in section Application for Services, or) in case of force majeure – on the condition that Deedy has a complete file at its disposal.
        2. The User can also apply to subscribe to the Services via an affiliated or representative point of sale (e.g. a marketing partner), if available. In this case, the User will receive their access (for the User’s ServeSmart Service Subscription plan) and/or the Deedy Equipment directly from Deedy after the correct and complete application has been submitted and after payment of the amount due, if any.
        3. Deedy has the right to limit or refuse the application and/or activation of a User or a Service, without having to pay any compensation to the User, in the following situations, among others:
          1. if the User refuses to accept the General Terms and Conditions or any other contractually required document;
          2. if the application for subscription to the Services has not been properly completed;
          3. in the event of evidence or serious indications of fraudulent action, insolvency or non-payment of the Services, which may be evidenced, for example, by a history of non-payment by the User;
          4. if the User gives a false, incorrect or incomplete identity when identifying themselves, refuses to prove their identity or cannot prove their identity with a legitimate identity document;
          5. if the User uses identity documents reported as stolen during the identification process;
          6. if the User uses disposable email addresses, which are email addresses intended for one-time or temporary use;
          7. if the User’s infrastructure or Network does not support the delivery of the Service, or supports it with difficulty, for technical or other reasons;
          8. if the User’s equipment can interfere with the Network;
          9. in case of evidence or serious indications that the User is using the Services contrary to the Agreement, contrary to legal or regulatory provisions, contrary to public order or good morals, or in a way that damages the proper functioning or integrity of the Service.
  5. Content of the Services
    1. the User can subscribe to the ServeSmart Service Subscription at the rates and conditions described on the Website and in the relevant Contract Summary. The ServeSmart Service is available as a Subscription.
    2. the User can monitor their Service usage on the Website and through a request to the Customer Service.
    3. Every Subscription has a unique Number. This Number is and remains the property of Deedy, except in the case of a Number Transfer. The User has no right to demand or retain a specific telephone Number, except in case of a Number Transfer. The User shall not be entitled to change their Number. In case of deactivation, the User shall lose the right to use their Number (as stipulated in these General Terms and Conditions). After any termination of the Agreement (for whatever reason), the User must take into account that the Number assigned to them can no longer be retained. However, in accordance with section Entry into force and duration of the Agreement and section Number Transfer Services of these General Terms and Conditions, A User who cancels his Agreement shall retain the right to transfer their Number to a new operator for one month from the date of cancellation, unless they waive this right.
    4. The Deedy ServeSmart Service has an FUP (Fair Use Policy) limit of 60 minutes per subscription month in total capacity.
  6. Entry into force and duration of the Agreement
    1. The Agreement shall enter into force on the day Deedy accepts the registered order of the User.
    2. The Agreement for the ServeSmart Services is concluded for 1 Subscription plan and possibly for several Subscription plans. These Subscription plans are linked to a single account.
    3. Unless a further term has been agreed upon in special conditions linked to the purchase of a particular Service, the Agreement is concluded for an indefinite period. The User has the possibility to cancel the Agreement at any time, without giving any reason and at a time of their choosing, in writing or by giving notice of cancellation through the Website.
    4. When terminating their ServeSmart Services, the User can request the transfer of their Number(s) to a new operator in accordance with section Number Transfer Services. The User shall retain their right for one month after the date of cancellation, unless they waive this right.
  7. Services and rates
    1. The Services available and the applicable rates for these Services vary according to the plan chosen by the User. The plans offered and the rates charged are communicated on the Website. The User has consulted these prices of Deedy on the Website, and accepts their application to their use of the Services.
    2. Costs incurred through usage outside of the bundle including but not limited to other expenses such as expenses for calls and text messages to numbers of value-added services (special numbers, services provided by third parties and short numbers) from abroad (relative to the User’s Number) will be charged to the User, even if the special number is free in the country in question for local users. More details can be found on the Website.
    3. The quality of services from calls placed to or from locations outside of the country pertinent to the User’s Number may differ from the quality provided in the User’s base geographical area depending on the locally available technology in the country calls occur to/from, such as the stage of deployment of the technology, the local network coverage, the available speed, etc., as well as other external factors, such as the topography of the country, etc.
    4. In case of any questions or difficulties concerning access to and the quality of the services, the User can turn to the Customer Service department in accordance with section Questions, complaints and disputes.
    5. Warning messages will be sent if certain rate limits, as indicated on the Website, are exceeded. Deedy can interrupt the ServeSmart Service connection as soon as the amount of the monthly invoice for the Subscription exceeds the rate plan and possible options with the rates indicated on the Website.
  8. Amendments to the Agreement, increase in rates or abolition of a rates plan
    1. Deedy will inform the User via email about any changes to the General Terms and Conditions, its offer or the rates. Information about changes must be provided to the User at least 1 month before the changes come into effect. If, following an amendment to the General Terms and Conditions, the User does not accept the new conditions of the imposed amendments, the User shall be entitled to terminate the Agreement without penalty at the latest three months after the notification of the amendments, unless the proposed amendments can be demonstrated to be exclusively for the benefit of the User, are of a strictly administrative nature and do not have any negative consequences for the User, are imposed by or pursuant to legislation that does not leave Deedy any choice in terms of implementation or – in case of a rate increase – if it concerns an increase related to the consumer price index.
    2. If required by the exploitation or the organisation of the Services, Deedy can change the content or the characteristics of its Services, subject to compliance with the above article.
    3. If Deedy decides to stop providing a Service, it will notify the User at least three months in advance. Deedy will not be obliged to pay any compensation to the User.
  9. Performance, obligations and liability of Deedy
    1. Deedy undertakes to use all reasonable means to provide the User with the best possible access to the Network and to deliver the Services in the best possible way. Unless explicitly stated otherwise, the obligations of Deedy shall be considered as best-efforts obligations. Deedy will use all reasonable means to prevent or limit the damage suffered by the User. Deedy asks the User to show understanding. Deedy (together with the other network operators (ONO)), make every effort to minimise network disruptions and resolve any issues as quickly as possible. However, the User acknowledges and accepts that Deedy is dependent for the delivery of the Services on the correct operation of the Network, of which Deedy in its capacity as VNO is neither the owner nor the licensee. Deedy shall therefore not be liable for any damage resulting from complete or partial, intentional or unintentional, failure, malfunction and/or maintenance, improvement and/or extension of the Network.
    2. ServeSmart Services
      1. Telephony is a form of wireless communication and works by broadcasting radio signals. Since these signals can be disrupted by an external source or by obstacles inherent to buildings, vegetation or the topography, perfect transmission cannot be guaranteed everywhere and at all times. Furthermore, the quality of the services also depends on the quality of the device used for the Services. Deedy shall not be liable for any failure in transmission resulting from the above circumstances. Since several factors can influence the estimated maximum signal quality, it unlikely that the User shall be able to attain these values continuously and in all locations.
      2. Deedy will provide the User with a Subscription plan, which the User can access according to the instructions provided in the ServeSmart Service Subscription manual. Deedy guarantees that the Subscription plan is in accordance with the description given by Deedy, that the Subscription plan is suitable for the use that the User and Deedy have agreed upon and that is customary for ServeSmart Subscription plans, and that this Subscription plan offers the quality and performance that the User may reasonably expect from a the Subscription plan. Deedy shall be liable towards the User for any lack of conformity that exists at the time of delivery of the Subscription plan and that manifests itself within a period of two years starting from the aforementioned delivery in accordance with Article 1649 bis and following of the Civil Code.
      3. Deedy is not liable or responsible for (1) the content of calls, text messages or data traffic from the User, (2) the services (or the charging for such services) provided to the User by third parties over the telephone or accessible through the Services unless otherwise expressly provided for by law, (3) the information provided by third parties or accessible through the Services, (4) the transactions concluded by the User using the Services. Deedy shall not be liable for any damage resulting from the temporary or permanent, full or partial suspension or termination of the Services or from the deactivation of the Subscription plan in accordance with the provisions of these General Terms and Conditions.
    3. Deedy will deliver to the User the required Deedy Equipment, which will be configured by a Deedy installer. Deedy guarantees that the Deedy Equipment is in accordance with the description provided by Deedy, that the Deedy Equipment is suitable for the use agreed upon between the User and Deedy, and that such Deedy Equipment provides the quality and performance that the User may reasonably expect.
    4. Deedy undertakes to activate the Service within the period specified in the communication addressed to the User.
    5. Deedy cannot be held responsible for the content of any communications or messages, nor for any delay in their transmission over the Network, nor for any delay in gaining access to the Services. Deedy disclaims any liability for viruses, unsolicited emails, intrusion into the User’s computer through unsecured ports and for other forms of computer crime committed by third parties.
    6. Deedy cannot be held responsible for services offered by third parties and accessible through the Network, nor for the resulting invoicing and transactions. The User accepts that Deedy does not act as an intermediary and is not a party to the agreements that are entered into between a third party and A User through the Services provided by Deedy.
    7. A Customer Service department is available to the User to provide answers to its questions, problems and complaints about the Services where possible. Conversations between Deedy and the Customer Service may be recorded or listened to by persons who are not participating in the conversations for the purpose of training and supervising Deedy staff or resolving commercial disputes with Deedy. The User shall be informed of this in advance.
    8. Deedy shall make all reasonable efforts to solve the User’s problems as soon as possible.
    9. Without prejudice to the previous article, in the event of persistent breakdowns or interruptions, the User shall be entitled to reimbursement of the subscription fees corresponding to the duration of the interruption, unless the interruption is attributable to the User or another operator.
    10. Deedy is not liable for damages resulting from actions taken by the User themselves:
      1. the inappropriate or incorrect use of the Services by the User;
      2. faulty or unlawful use of the Deedy Services device or accessories of this device or of the Deedy Equipment;
      3. the use of a device for the Services or devices used to access the internet (computer, laptop, etc.) without taking the necessary security measures (intrusion, viruses, etc.);
      4. the misuse of the User’s Subscription plan insofar as such misuse is the responsibility of the User, among others, as a consequence of (1) the voluntary or non-voluntary disclosure of the PIN code to a third party, (2) leaving the default PIN code unchanged, (3) the use of an excessively simple personal PIN code (e.g., 1234, 1111, etc.), (4) loss or theft of the Subscription plan;
      5. errors or mistakes when activating the Subscription plan;
      6. factors due to the intervention, incorrect or otherwise, of a third party;
      7. Deedy shall only be liable for the foreseeable, personal and certain damage directly resulting from its gross contractual fault or negligence. Deedy shall not be liable for any compensation for immaterial or consequential damages including, but not limited to, additional costs, lost revenues and profits, loss or corruption of data, loss of customers or loss of contracts.
    11. Deedy cannot be held responsible for information transferred or stored by the User or by any third party using the Services. The communication and dissemination of such information by the User is done at the User’s own risk. The User shall take all the necessary measures to protect the confidentiality and integrity of its data, in particular against viruses and cybercrime. They must at all times keep a copy of all their data on an independent carrier and are requested to update this copy.
    12. The liability of Deedy towards the User shall, for each event giving rise to this liability, be limited to the total amount paid by the User to Deedy in the framework of this Agreement in the 6 months preceding the event giving rise to the damage (excluding any one-time costs). Furthermore, Deedy’s liability towards the User shall in no event exceed a cumulative amount of EUR 1,000 per calendar year.
    13. No limitation of liability shall apply in case of physical damage or death attributable to Deedy or in any other case not permitted by law.
    14. Deedy cannot be held responsible for damages in case of or resulting from the suspension or termination of one or more Services in accordance with the General Conditions, changes in law, changes resulting from regulations of the Belgian Institute for Postal Services and Telecommunications (BIPT) or other regulatory authorities, or force majeure.
    15. Deedy reserves the right, at its own initiative and without prior notice, to take the necessary measures if the security, integrity or proper functioning of its Services or Network (or that of its subcontractors or suppliers) is or could be compromised or in case of fraud or abuse, without Deedy being liable for any compensation. These measures may include, in particular, the activation of protective measures or the suspension or restriction of the User’s access to the Service. Deedy shall not be liable to the User for any consequences that may result from the implementation of these measures.
    16. Proof of the performance or non-performance of the Agreement may be provided by the parties by any means, including data and statements from the systems of Deedy or third parties. The User and Deedy consider these data and overviews to be authentic, unless proven otherwise.
  10. Rights, obligations and liability of the User
    1. The User can access the Services in accordance with the conditions of the Agreement. Deedy reserves the right, however, to make the payment of a deposit or bank guarantee a suspensory condition for the Agreement.
    2. The User shall use the Services as a normal, careful User in accordance with the provisions of the Agreement, the applicable statutory provisions and the customs relating to public order and morality, and will take all necessary measures to prevent incorrect or unauthorised use of the Services. The following shall not be considered normal use (this list is non-exhaustive):
      1. any use with the intent to divert communications, directly or indirectly, or with the intent to resell in any way the Services to third parties, without the prior written consent of Deedy;
      2. any use that makes it impossible to perform certain functions of the Network reliably and correctly. More specifically, reliable and correct performance means: passing on the caller’s identification number (unless instructed otherwise by the caller), passing on the IMEI number of the device from which the call is made, intercepting and recording communications pursuant to an order from a competent judicial or administrative authority, or recording and storing call and identification data;
      3. use in such manner that the identification or the localisation of the caller in case of an emergency call is no longer possible, or whereby the Network is overloaded, or the proper functioning of the Network is disrupted;
      4. use with the purpose of avoiding the connection fees charged by Deedy;
      5. fraudulent use of the Service, and in particular the use of the Service for the purposes of a call centre or a SIM box, or making the Service available to third parties;
      6. any use other than that communicated to Deedy by the User at the time of concluding the Agreement for the Service;
      7. use that in any manner significantly differs from the average consumption of Services amongst the various Users in terms of frequency, distribution between various types of communication (such as telephone, data transmission, text, etc.) or connection time;
      8. misuse or fraud in relation to User Deals;
      9. any use of the Service that is aimed at abusing the Service, such as unreasonable use towards premium numbers whereby such usage is aimed at converting subscription plan credit into cash, vouchers, or activation or access codes;
      10. Machine to Machine (M2M) applications, except in the case of data-only products. M2M refers to direct communication between two devices in a (semi-)automatic way with the aim of exchanging information or performing actions, controlled by software, without direct human intervention;
      11. any other use which is contrary to the applicable General Terms and Conditions.
    3. In each of these cases Deedy reserves the right to limit the delivery of the Services and/or to suspend and/or terminate the Agreement in accordance with section Suspension and termination of the Agreement. For this purpose, Deedy has the right to monitor the volume of usage of its Services.
    4. Deedy can prove the above-mentioned prohibited uses by any means, including data and records coming from its own systems or those of other telecommunications network operators through which the communication has passed. The User and Deedy consider these data and statements to be true until proven otherwise.
      1. The User shall be obliged to take all necessary precautions to safeguard the confidentiality of all identifiers such as PINs, passwords and others (hereinafter “Identifiers”) transmitted to the User. The User is responsible for any misuse or abuse resulting from the voluntary, accidental or unintentional disclosure of these Identifiers. Any use of the Services after the introduction of the Identifiers shall be deemed to be made by the User or with the User’s consent. The User who transfers, loses, copies or lends codes, or whose codes are stolen shall immediately inform Deedy. The User must take all the necessary measures to ensure that their software is compatible with the Deedy software, in particular with regard to anti-virus systems.
    5. The risks related to the Deedy Equipment are transferred at the time of delivery. The User shall be responsible for any damage, loss, theft or destruction of the Deedy Equipment and shall immediately notify Deedy of such incidents. If the Deedy Equipment needs to be replaced or repaired due to a fault or negligence caused by the User, Deedy reserves the right to charge the User a flat-fee compensation as provided for in the Price List.
      1. the User undertakes to immediately inform Deedy of any defective Deedy Equipment. Deedy shall make every effort to repair any defective Deedy Equipment. Deedy or its subcontractors are solely authorised to modify the Deedy Equipment, as well as to carry out maintenance, replacement (within the limits of availability) and any repairs.
      2. Deedy has the right at any time to demand the return of the Deedy Equipment made available to the User and the User will be offered a similar product.
      3. If the User has no connection to the Network, Deedy will investigate whether it can offer a solution. In that case, Deedy will make an estimate of the work required to meet the User’s demand and send it to them for approval in advance.
    6. ServeSmart Services
      1. Deedy is and remains the owner of the Number. The User undertakes not to transfer it except as provided for in these General Terms and Conditions, not to assign it, not to rent it out, not to destroy it, not to let it be used by third parties in any way, and not to damage it in any way
      2. The User shall take all necessary precautions to prevent the Subscription plan from being used incorrectly or unlawfully. Any attempt to copy the technical identification data of the Subscription plan and any fraudulent or illegal use of the Subscription plan is prohibited. The User undertakes not to subject the Subscription plan to any decompilation, analysis or retrofitting techniques, not to create any derived software and not to use the Subscription plan in any way other than that provided for in these General Terms and Conditions.
      3. The User is liable for all damages caused to Deedy or third parties as a result of the use, by whomever and in whichever device for the Services, of the Number, even in case of theft or loss.
      4. The quota limitations set forth in the Subscription plans and their respective rates (if any) as set forth in the Price List shall serve as the basis for out of bundle usage charges.
    7. Except in the case of a transfer of the Agreement, the User is and remains solely responsible for fulfilling their obligations in the framework of the Agreement, even if they have activated multiple ServeSmart Subscriptions. The User shall be held solely liable for all damages resulting from not meeting one of their contractual obligations.
    8. The User shall be liable for and shall indemnify Deedy for all damages suffered by Deedy, and for all claims for damages from third parties directed to Deedy, as a result of the careless, negligent, fraudulent, wrongful or unlawful acts of the User in using the Services provided by Deedy.
  11. Subscription Direct Debiting / invoicing – Minimum Service/Suspension of Services
    1. Deedy shall perform a Direct Debit from the User’s nominated payment method or issue a monthly Invoice to the User, depending on the Subscription concerned. In case of proven or suspected fraud or serious doubts about the solvency of the User, Deedy may decide to impose shorter deadlines. The Direct Debit or Invoice shall be sent to the User or the third party they have appointed for the payment in accordance with the timeframes set by Deedy. More details can be found on the Website. Should the third party in charge of the payment remain in default, this does not release the User from their payment obligation and the third party in charge of the payment shall not acquire any right whatsoever to the Services. The Invoice or Direct Debit shall be sent to or shall be made available on the email address provided by the User, unless the User indicated a preference for receiving a hard copy of the Invoice or Direct Debit. Via the Website or the App, the User can consult the details of their usage over the last 12 months and their Direct Debits or Invoices.
    2. Payment of the Invoice or Direct Debit must be made within the period stated on the Invoice or Direct Debit. The various payment methods are explained on the Website.
    3. In the event of non-payment of the Direct Debit or Invoice no later than on the due date itself, the User shall be sent a payment reminder in writing (e.g. by email, text message, letter). Under certain conditions, reminder costs may be charged, as stated in the Price List. If the User has a claim against Deedy, the User shall be entitled to the same amount in case Deedy fails to give the order for reimbursement up to 15 days from the User’s request for reimbursement.
    4. In case of non-payment by the due date as stated in the reminder, the User will be in default and Deedy may charge interest on arrears as from the expiry of the due date as stated in the reminder, at the statutory interest rate calculated on the undisputed amount of the Invoice or Direct Debit. Non-payment of the Direct Debit or Invoice within the period specified therein shall constitute grave breach of contract.
    5. Under certain conditions, Deedy may unilaterally decide to limit the ServeSmart Services to the minimum service or terminate the Agreement as a result of which the User’s Subscription plan will be deactivated. The User shall be informed thereof in writing and in advance. In the case of a minimum service, the User may continue to receive phone calls and text messages, unless these are calls and text messages for which the User has to pay in order to receive them, and they shall also have access to emergency services.
    6. However, a minimum service is not guaranteed in the event of persistent failure to pay or persistent late payment, i.e. when the User has already benefited from the minimum service in the previous 12 months or when their connection has already been suspended in the previous 12 months, in the event of fraud and in the event of abuse by the User.
    7. In case of non-payment of the Direct Debit or Invoice for the Service, the Service can be unilaterally suspended by Deedy, if after several reminders (as mentioned on the Website) no correct and timely payment has followed, and the Service may eventually be shut down if no payment is made.
    8. The restriction and/or suspension of the Service ends when the User has fulfilled their payment obligations. During the entire duration of the minimum service extension or the suspension of the Service, the payment of all fees remains due.
    9. Complaints or disputes regarding a Direct Debit or Invoice must be clearly justified (including the indication of the disputed amount) and sent in writing to the Customer Service department within the due date of the Direct Debit or Invoice, without prejudice to the exercise of other legal remedies. The obligation to pay the disputed sum shall then be suspended. After this period, the User shall irrevocably be deemed as having accepted the invoiced amount. The submission of a complaint does not release the User from their obligation to pay the uncontested part of the Direct Debit or Invoice. If Deedy rejects the complaint, the disputed amount shall become immediately due and payable by the User within the deadlines indicated in the notification received by the User.
    10. Deedy reserves the right, in the event of partial payment, to allocate the payment received to any other outstanding Direct Debit or Invoice.
    11. A User who has a question about their Direct Debit or Invoice can contact Deedy via the different channels mentioned on the Website. If Deedy and the User reach an agreement on a Direct Debit or Invoice, the User agrees that Deedy will only confirm such agreements via email.
    12. Complaints regarding any unjustified decommissioning of the Service(s) or unjustified charging of reminder costs must be submitted within 5 calendar days of the respective decommissioning or date of the reminder. If the complaint is deemed admissible, but can be explained (for example, but not limited to: the User performed a manual transfer without using the correct structured communication), the reminder costs charged shall be credited in full. If Deedy has made a mistake resulting in an unlawful suspension of the User’s Services or unlawful charging of a reminder fee, Deedy will be liable for a fixed compensation as mentioned in the Price List.
    13. Deedy reserves the right to request an advance payment, both at the entry into force of the Agreement as well as during the execution of the Agreement, in the following cases:
      1. in case of proven or suspected fraud or serious doubts about the User’s solvency;
      2. in case of abnormal use by the User of the Service, i.e. in a way that does not correspond to their normal use (e.g. if the number of units consumed is abnormally high) or does not correspond to the use that another User would have made in a similar situation;
      3. in case of doubts as to the identity of the User; or
      4. if the User provides a domicile, permanent residence or billing address abroad for the request of the Services.
  12. Number Transfer Services
    1. the User can request the transfer (also known as porting) of their Number to another operator by contacting the latter. The new operator shall take the necessary steps with Deedy on behalf of the User regarding the transfer of the Number and the end of the contractual relationship between the Customer and Deedy. The User can request the transfer of their Number up to 1 month after the cancellation date of their Agreement with Deedy if they have explicitly cancelled the Agreement themselves.
    2. The new operator shall take the necessary steps with Deedy on behalf of the User regarding the transfer of the Number and the end of the contractual relationship between the User and Deedy. In this framework, only telephone numbers can be transferred, not the Services of Deedy. Only numbers that are active at the time of the Number Transfer request can be transferred. During the transfer of the Number, the User may be unreachable on the Number in question for some time. Deedy is not liable for any damage resulting from this.
    3. Deedy reserves the right to refuse the transfer:
      1. if the operator to whom the User wishes to transfer the Number does not comply with the relevant legal procedure;
      2. in the event of proven or suspected fraud on the part of the User or of a third party.
      3. If the User was previously a customer of another operator and is switching to Deedy, the latter shall take all the necessary measures for the Number Transfer to go as smoothly as possible after confirmation of the request for the Number Transfer by the former operator. Technical barriers may prevent the transfer. Should the number fail to have been transferred on time, the User may be entitled to compensation.
      4. In the event of a delay in transfer at the request of the User, the latter may be entitled to compensation as provided for by law. For more information on the amounts of this compensation and the transfer procedure, please visit the website of the Belgian Institute for Postal Services and Telecommunications: https://www.bipt.be/consumenten/vertraging-bij-uw-nummeroverdracht. Applications for compensation must always be submitted within 6 months of the request to transfer the number.
      5. Deedy cannot be held responsible in case of non-execution, late or incorrect execution of the migration procedure for any reason which can be ascribed to the new operator or the User themselves. Deedy cannot be held responsible in case of a false, incorrect or illegible application.
      6. If the User requests number porting to a new operator and the porting process fails, Deedy will keep the number active and the User Services associated with it until the porting is successful. Deedy will continue to offer its services under the same conditions as described in the Agreement to the User until the services of the new operator have been activated.
      7. The transfer of the number results in the termination of the Agreement relating to the ServeSmart Services on this number, in accordance with the conditions set out in these General Terms and Conditions. If the User wishes to transfer only part of the numbers of which they are the holder, they may be charged for any reconfiguration costs.
  13. Withdrawal from the Agreement
    1. As the Agreement is concluded at a distance, the User, as consumer, has the right to notify Deedy that they wish to withdraw from the Agreement, without giving any reason and without being held liable for any compensation, within a period of 14 calendar days, starting on the day following the receipt of the Service enters into force.
    2. In order to meet the withdrawal deadline, it shall be sufficient for the User to send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
    3. To exercise the right of withdrawal, the User needs to inform Deedy through an unambiguous statement by sending an email to service@deedy.be or by sending a letter to the customer service center of Deedy, Deedy SRL, Avenue Emile van Becelaere 15/Suite 17, Watermael-Boisfort 1170 Belgium.
  14. Transfer of the Agreement, removal and death
    1. Deedy may, after having notified the User, transfer their rights and/or obligations in the framework of the Agreement, in whole or in part, to a third party without the consent of the User and without the latter being able to claim any compensation in connection with this transfer. Right of cancellation without charge shall be provided to the User if this involves a change to the Agreement within the meaning of section Amendments to the Agreement, increase in rates or abolition of a rates plan.
    2. the User can only transfer their rights and obligations in the framework of this Agreement with the explicit, written consent of Deedy. The transferor and the transferee shall agree on the transfer and notify Deedy accordingly. The transfer shall be free of charge and shall include the transfer to the transferee of all rights and obligations in the framework of the Agreement from the acceptance of the new User by Deedy.
    3. In the event of the User’s death, the Agreement will continue as part of the estate. The Agreement can be terminated by a person who can present Deedy with proof of death.
  15. Suspension and termination of the Agreement
    1. Deedy has the right to unilaterally deactivate, suspend, or terminate the provision of the Services in whole or in part, temporarily or permanently, without prior notice and without any right to compensation for the User, in the following cases:
      1. when there is evidence or serious indication of fraudulent conduct by the User;
      2. in case of evidence or serious indications of manipulation of the Network in order to obtain Services without paying for them, or to support criminal activities;
      3. in case of use of the Services contrary to the Contract, to legal or regulatory provisions, to public order or morality, or in any way that damages the proper functioning or integrity of the Service;
      4. in case of evidence or serious indications of insolvency of the User;
      5. in case false, incorrect or incomplete identification information was given, refusal of the User to prove their identity at the time of identification or the use of identification documents reported as stolen;
      6. in case of non-compliance by the User with these General Terms and Conditions or any other contractual obligations towards Deedy;
      7. if the User has repeatedly defaulted on payment to Deedy;
      8. if the User still remains in default of payment after the minimum service has been established or the Service has been suspended in accordance with section Subscription Direct Debiting / invoicing – Minimum Service/Suspension of Services;
      9. in case of an abnormal increase of the average usage by the User, as reasonably estimated by Deedy;
      10. in response to a court order or on first request of the judicial or law enforcement authorities;
      11. in case of theft or loss of the Subscription plan, as brought to the knowledge of Deedy in any way;
      12. in the event of disturbances, in, on or to the Network;
      13. in case Deedy is prevented from using the Network for any reason;
      14. if the User uses a service or internet device that causes interference on the Network, or is not approved according to the applicable standards;
      15. in the event of force majeure;
      16. if the User uses disposable email addresses, which are email addresses intended for one-time or temporary use;
      17. in case of evidence or serious indications of abuse or fraud in relation to User Deals;
      18. in case Deedy, in all reasonableness and after having exhausted all remedies through the Customer Service and the Telecommunications Ombudsman Service, cannot offer a solution to the User;
      19. in case of misuse of the Deedy Equipment;
      20. in all other cases stipulated in these General Terms and Conditions.
    2. Deedy is not obliged to deactivate, suspend or terminate the Agreement of the User in any of the cases mentioned in this article.
      1. In any case, Deedy can terminate the Agreement of indefinite duration in writing at any time without compensation, with a notice period of two months.
      2. These measures do not affect Deedy’s right to demand full payment of all outstanding amounts.
  16. Personal data
    1. Personal data is processed in accordance with the Deedy Privacy Policy. The Deedy Privacy Policy can be consulted at all times on the Website
  17. Intellectual property rights
    1. All intellectual property rights related to the Products and Services (including all documents prepared by Deedy as part of the Agreement), as well as all trademarks, service marks, trade names, logos or other words or symbols referring to the products and/or services of Deedy or to the commercial activities of Deedy in general, shall remain the exclusive property of Deedy, its Subsidiaries and/or third-party suppliers of Deedy. The User cannot claim any rights to this intellectual property and does not acquire any rights other than those expressly provided for in this Agreement.
    2. the User acknowledges and accepts that Deedy Equipment is only supplied for the use agreed upon and that it remains the property of Deedy and/or third parties, who continue to hold the relevant intellectual property rights, even in case of sale of the Deedy Equipment to the User. Consequently, the User only has a licence for personal use, valid for the duration of this Agreement, for the sole purpose of ensuring the proper provision of the Service. The User undertakes not to copy, modify, resell or rent the Deedy Equipment. In addition, in some cases, specific components may be subject to specific licensing conditions. These specific conditions shall be communicated to the User for the use of these components, for example when installing or downloading certain software. The User who decides to use these components shall be deemed to have accepted the specific licence conditions relating to them. The User shall not remove or conceal any reference to ownership, trademarks or other distinctive marks appearing on Deedy Equipment, nor shall they remove or conceal the serial numbers of the various components.
    3. Any infringement on the intellectual property rights of Deedy or its third-party suppliers may lead to civil and criminal prosecution.
  18. Waiver
    1. Should one of the parties not require the strict application of one of the provisions of these General Terms and Conditions at a given time, this may not be construed as a waiver of that party’s rights under these General Terms and Conditions. This party may also, at any time afterwards, require strict compliance with this provision or with the other provisions of these General Terms and Conditions.
  19. Nullity
    1. The nullity, impracticability or unenforceability of one clause of these General Terms and Conditions shall not affect the validity, practicability or enforceability of the other provisions of these General Terms and Conditions, except where the Agreement’s existence should be threatened by the absence of such unlawful provision.
  20. Questions, complaints and disputes
    1. The User can contact Deedy with questions and complaints regarding the Services via the different channels mentioned on the Website.
    2. Any dispute regarding the Agreement, its execution or interpretation, which cannot be settled via Deedy, will fall under the exclusive jurisdiction of the courts of Brussels as the place where the obligation arose, unless a special law stipulates a different jurisdiction.
    3. The Agreement shall be subject to the laws of Belgium.

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