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Terms and Conditions

End-User Licence Agreement (11/06/2012)

 

This agreement describes the general terms and conditions, hereinafter also referred to as ‘the Terms and Conditions’, applicable to the use of the services and supply of the products offered by the private company with limited liability Treed b.v., hereinafter referred to as ‘Treed’, both with regard to the resale through outlets and other types of resale such as through the internet at www.megamobile.eu, hereinafter referred to as ‘the Website’.

Treed shall be entitled to change these Terms and Conditions, for example, by placing the text of a modified EULA on the Website. Changes will become effective as of thirty (30) days of publication, or as of another date specified in the publication. These Terms and Conditions must be fully complied with, unless other arrangements have been made with Treed’s prior approval in writing.

General Terms and Conditions

 

1. Definitions

 

In these Terms and Conditions, the terms given below shall have the following definitions:

Connection: the technical proposition to make use of Treed’s telecommunication services by means of equipment suitable for this purpose;

Service: a telecommunication service supplied or to be supplied by Treed under whatever name with respect to the direct transport of speech and data of users to and      from the connection points in the mobile telephone network or to connection points in other telephone networks, including all services supplied or to be supplied by Treed for adding mobile telephone credit (i.e. buying more telephone credit, for example, through the internet and/or mobile telephone). The term ‘Service’ shall also be understood to include all and any supportive services supplied or to be supplied by Treed and/or all and any services directly related to the telecommunication services;

Network: the telephone network used by Treed;

Purchaser: a natural person or legal entity that entered into an agreement with Treed for the supply of telecommunication services;

Special Provisions: provisions for specific services applicable in addition to these Terms and Conditions;

Force Majeure: each and every circumstance beyond Treed’s control preventing Treed from meeting all or any of its obligations towards third parties or as a result of which Treed cannot reasonably be expected to meet its obligations;

Supplier: the private company with limited liability Treed b.v.,PO Box 618, 5900 AP, Venlo, Netherlands.

 

 

2  End-User Licence Agreement (EULA)

 

1. The Supplier’s Terms and Conditions govern the access to and use of the website Megamobile.eu and apply to each and every Purchaser using the services supplied by the Supplier as well as to the Purchaser’s purchase of the products offered by the Supplier.

2. An EULA shall be deemed to exist between the Purchaser and Supplier, and the Purchaser will be deemed to have accepted the present Terms and Conditions, as soon as the Purchaser has made a payment to the Supplier to acquire the microchip, referred to in paragraph 1 of Section 4 below, to be made available by the Supplier to the Purchaser.

3. Other general terms and conditions shall not apply, unless expressly otherwise agreed.

4. If and insofar as any provision of these Terms and Conditions is null and void or is avoided, the other provisions of these Terms and Conditions will remain fully in effect and the Purchaser and Supplier will consult with each other to agree new provisions to replace the void or avoided ones.

5. If the Terms and Conditions are changed and the Purchaser does not accept the changes made, the Purchaser will be entitled to cancel the agreement in writing as of the date on which the new Terms and Conditions come into effect. Cancellation is only accepted if made prior to the effective date of the modified Terms and Conditions.

6. The Purchaser can request the applicable Terms and Conditions at the Supplier’s website. The Terms and Conditions can be consulted at, and downloaded and/or printed out from the Supplier’s website. Furthermore, the Terms and Conditions will be made available to the Purchaser in printed form on request.

 

 

3. Applicable Law

 

1. Dutch law applies to the agreement between the Purchaser and Supplier and these Terms and Conditions. Disputes will only be submitted to the competent court at Roermond in theNetherlands.

2. Insofar as the agreement relates to international telecommunications, the International Telecommunications Convention and its annexes and regulations and other treaties or decisions of international institutions relating to international telecommunications that are binding on theNetherlands will apply equally.

 

 

4. Services

 

1. The Supplier will make a microchip available to the Purchaser or the Supplier will allow the Purchaser to make use of the Service by means of what is known as an App (for use in smartphones). Wherever these Terms and Conditions refer to the  microchip, this shall also be understood to include the App.

2. The microchip made available to the Purchaser by the Supplier as well as the App will remain the property of the Supplier.

3. The Supplier will allow the Purchaser to purchase telephone credit, which will enable the Purchaser to make use of the Service. This credit can be obtained by buying a top-up voucher, by topping up by means of a mobile phone or through the internet, the latter are hereinafter also referred to as Mobile Top-Up and Online Top-Up respectively, and jointly as the Top-Up Service.

4. The Purchaser must use the international telephone card and/or (electronic) top-up voucher and/or microchip with care and should protect them against unauthorized use, damage and theft. The Purchaser will be held responsible for each unauthorized use, use in violation of the operating instructions and/or reasonable instructions given by the Supplier, competent authority and/or another telecommunications provider.

5. If the top-up voucher and/or microchip has been stolen, lost or damaged, the Purchaser must immediately notify the Supplier thereof. The Purchaser will remain responsible for payment of the call charges and any other use-dependent charges until the telephone connection has been blocked. The Purchaser cannot claim any refund of the call charges from the Supplier.

6. The Purchaser may not copy or manipulate in any way the technical information  the international telephone card and/or top-up voucher and/or microchip contain or the technical information, software and security devices of the equipment by which the Purchaser gains access to the Network.

7. The Purchaser may use the Service as long as he/she has telephone credit and as long as this credit has not been frozen or has been rendered unusable in any other way.

8. The risk of loss or damage of the goods that are subject of the agreement will pass to the Purchaser at the time when he/she is in the actual possession of them

9. The Purchaser may not transfer his/her rights and obligations under the agreement to third parties without the Supplier’s written permission.

10. The Supplier is entitled to refuse or deny the Purchaser access to or the use of the Supplier’s services without stating the reasons. The Supplier reserves the right to exclude anyone from using the Supplier’s services if the Supplier is of the opinion that the person (or legal entity) concerned acts contrary to the law, public order, public morality and the present Terms and Conditions, without prejudice to the Supplier’s right to take legal action and/or claim damages.

11. The Supplier is entitled to transfer the rights and obligations under this agreement or part thereof to a third party that, according to the Supplier, is able to meet the obligations under this agreement at the time of transfer.

12. The credit on the microchip remains valid without limitation

 

5. Topping Up

 

1. In order to enable topping up, the Purchaser’s telephone number will be passed on, even if the Purchaser has protected his number against number recognition.

2. The Supplier may set a minimum or maximum for the purchase of telephone credit. The Supplier may also set a maximum for the number of top-ups.

3. As soon as the credit has been topped up, debiting to the Purchaser’s bank account can no longer be cancelled and/or the Purchaser cannot claim a refund  of the top-up amount concerned (or any part thereof).

4. The Top-Up Code provided to the Purchaser will automatically lapse if it has not been activated within six (6) months after it has been provided by the Supplier.

5. The Purchaser must use the Top-Up Code with care and treat it confidentially.

6. The Supplier may terminate the Top-Up facility permanently or temporarily without notice of default or notification being required if:

•     the Purchaser does not fulfil his/her obligations towards the Supplier and if this non-fulfilment is so serious that termination is justified;

•     the Purchaser otherwise harms the Supplier’s  in such a manner that the Supplier cannot reasonably be expected to continue offering the Top-Up Service to the Purchaser.

7. The Supplier cannot be held liable for the consequences of the Top-Up Service being out of order or being inaccessible.

8. The Supplier cannot be held liable for the consequences that may arise if the Purchaser him- or herself is unable to top up (e.g. if the Top-Up Code has been lost, has expired, or has been blocked, etc.).

 

6. Quality

 

1. Mobile telecommunications services are made available by means of broadcasting radio signals and, consequently, the quality of the connections cannot be guaranteed everywhere and at all times. This has to do with the mobile equipment used, the radio coverage of the network and atmospheric conditions.

2. The Purchaser may obtain further information on the use options, quality and the availability thereof from the Supplier’s customer service and/or at the Supplier’s website.

 

7.  Rates

 

1. The Purchaser shall owe the Supplier payments according to the set and published rates as of the date on which the Connection has been established.

2. The Supplier’s data shall be decisive in determining the amounts owed as referred to in the previous paragraph, unless the Purchaser can prove that those data are incorrect.

3. The Supplier is entitled to change the Service rates. The Supplier will publish any changes to the rates at its website before they become applicable. The Purchaser will in any case be able to request the up-to-date price list at the Supplier’s website.

4. The Purchaser accepts responsibility for all use of  the Connection, even if the Connection is used without his/her permission. All call charges will be for the Purchaser’s account.

 

8. Maintenance

 

1. The Supplier may change the technical characteristics of the Service and/or  Network and/or roaming. The Purchaser may use the designated network, taking into consideration, and in compliance with, the use options, quality and regulations applicable in the countries concerned.

2. The Supplier may disconnect the network, wholly or in part, for the purpose of maintenance or proper continuation. The Supplier will announce any temporary discontinuation of the Service in advance and in a timely manner, unless it involves a brief and limited disconnection for which the Supplier cannot be expected to make a general and special announcement.

3. In the event of termination, withdrawal or modification of the permits required by the Supplier for the Service or Network, or if technical or commercial reasons so require, the Supplier shall be entitled to terminate the Service with two months'  notice.

4. Malfunctions will be investigated by the Supplier as soon as possible, and the Supplier will make every effort to remedy the malfunction as soon as possible. 5. The costs of the investigation and repair will be for the Supplier’s account. However, these costs shall be borne by the Purchaser if the investigation proves that the malfunction originates in the equipment used by the Purchaser or is the result of the Purchaser acting in violation of that which has been agreed.

 

9. Disconnection

 

1. The Supplier is entitled to temporarily discontinue the Connection if the Purchaser does not meet any of his/her obligations under the agreement, does not meet the conditions that may be set with regard to reasonable use or otherwise harms the Supplier’s interests in such a manner that the Supplier cannot reasonably be expected to continue the Connection.

2. Disconnection will take place without the Purchaser being entitled to claim any compensation. The disconnection will end - special circumstances excepted – once the Purchaser has fulfilled his/her obligations within a reasonable term to be determined by the Supplier. All costs incurred in connection with the disconnection and reconnection will be for the Purchaser’s account.

3. If the Supplier establishes that the Purchaser has still not fulfilled his/her obligations within a term of 14 days after having been requested to do so in writing by the Supplier, the Supplier may terminate the agreement, and any claims the Purchaser may have on the Supplier will lapse.

 

10.  Supplier’s Obligations

 

1. The Supplier will make every effort to protect its systems against loss and/or any form of illegitimate use, and will take the appropriate technical and organizational measures, taking into consideration the state of the art.

2. The Supplier will not be obliged to meet one or more of its obligations if prevented to do so by Force Majeure.

 

11.  Supplier’s Liability

 

1. The Supplier excludes every liability for whatever loss, whether or not direct or indirect loss or consequential loss, caused in whatever manner by and/or arising from the Website or the Network not being operational or not being properly operational, or by any failure in the execution of the Service, except in the cases specified in the following paragraphs.

2. The Supplier’s liability for direct loss due to failures attributable to the Supplier shall be limited to the amount the Purchaser has paid to the Supplier for the Service during the three (3) months preceding the time the loss occurred.

3. The Supplier shall never be liable for indirect loss, including but not limited to consequential loss, lost profit, lost savings, loss due to business interruption and/or loss of data.

4. The Supplier’s website may contain references to the websites of third parties (e.g. by means of hyperlinks, banners or buttons). The Supplier has no control over these websites and is shall therefore not be held responsible or liable for the contents of these websites.

5. If use is made of the services of external providers, including but not limited to IDeal, the privacy regulations of those service providers shall apply. The Supplier is not responsible or liable for the juristic acts or policies of those service providers.

6. If the Purchaser sustains loss as a result of the Network not being operational or not being properly operational, the Supplier will only be liable in the event of direct damage or loss resulting from:

• death or physical injury, up to a maximum amount of €100,000.00- (hundred thousand euros) per event and a maximum of €5,000.00 (five thousand euros) per injured party;

• actions in violation of Sections 374, 374b and 375 of the Dutch Penal Code, up to a maximum amount of €100,000.00- (hundred thousand euros) per event and a maximum of €5,000.00 (five thousand euros) per injured party;

• the Supplier not or not correctly submitting details or managing or processing the Purchaser’s data carelessly, as well as for damage or loss resulting from administrative errors in relation to those data, up to a maximum of €20,000.00 (twenty thousand euros) per event and a maximum of €2,000.00 (two thousand euros) per injured party;

7. If, as a result of an event referred to in paragraph 6, more than one claim arises and the total of the claims exceeds the maximum amount stated in that same paragraph, the Supplier shall only be obliged to satisfy the claims pro rata. 8. The Supplier cannot be held liable for direct or indirect damage to the goods of the Purchaser or third parties or to the goods of third parties that occurred during the  work relating to the performance of the agreement. If, as a result of intent or gross negligence on the part of the Supplier damage is caused to the goods of the Purchaser or third parties or to the goods of third parties that occurred during the  work relating to the performance of the agreement, the Supplier’s obligation to pay compensation shall be limited to the costs of repair or replacement, up to a maximum amount of €20,.000.00 (twenty thousand euros) per event and a maximum of €2,000.00 (two thousand euros) per injured party.

If, as a result of intent or gross negligence on the part of the Supplier, a party suffers physical injury or dies, the provisions in paragraph 7 will apply by analogy. 9. Insofar as international telecommunications are concerned, the Supplier can only be held liable according to the provisions of the International Telecommunications Conventions and its annexes and regulations. Furthermore, the Supplier can only be held liable according to the provisions of treaties or decisions of international institutions relating to international telecommunications that are binding on theNetherlands.

10. The Purchaser must have reported the damage or loss as soon as possible to the Supplier in writing but no later than four weeks of the date on which it occurred. Damage or loss not reported to the Supplier within said term will not qualify for compensation, unless the Purchaser can make a plausible case that he/she could not reasonably be expected to report the damage or loss in writing in a timely manner.

11. The Supplier shall not be liable for damage or loss arising from the Purchaser’s use of the services of third parties, nor for any damage or loss arising from the Supplier’s customer service having provided incorrect advice.

 

12. Purchaser’s Liability

 

1. The Purchaser will be liable for any damage or loss sustained by the Supplier as a result of the Purchaser actions or negligence in violation of the General Terms and Conditions.

2. The Purchaser shall indemnify the Supplier against claims from third parties for damages these third parties might try to recover from the Supplier in some way, insofar as such claims are based on the use the Purchaser has made of his/her connection and insofar as related to the contents of the information sent by him/her by means of his/her connection.

 

13.  Privacy

 

1. The personal data collected by the Supplier will be processed within the context of the Supplier’s business operations for the performance of the agreement, the meeting of legal obligations, the prevention, detection and combat of fraud or irregularities, the processing of complaints and settlement of disputes, market research and personal communications with the Purchaser, and to bring the  products and services of the Supplier and/or other organizations to the attention of others and to promote the efficient organization of the Supplier’s business.

2. The Purchaser has the right to inspect and correct the personal data that are being kept about him/her by the Supplier. Furthermore, the Purchaser will have the opportunity to object to certain processing by the Supplier thereof.

3. The Supplier will only provide data to third parties if so obliged by legal stipulations, on the basis of urgent and serious reasons, insofar as this does not intrude disproportionately on the Purchaser’s privacy and is necessary for the provision of services by the Supplier’s customer service and/or if the Supplier transfers the rights and/or obligations under this agreement or any part thereof to a third party within the meaning of paragraph 10 of Section 4.

 

14. Disputes

 

1. Disputes between the Purchaser and Supplier concerning the formation or performance of the agreement with regard to services supplied or to be supplied by the Supplier may be submitted to the Disputes Committee for Telecommunications (Geschillencommissie Telecommunicatie),PO Box 90600, 2509 LP The Hague, by either the Purchaser or the Supplier.

2. For the Disputes Committee to hear the dispute, the Purchaser must first have submitted his/her complaint in writing to the Supplier. The Supplier will respond substantively in writing within thirty days of receipt of the letter, unless this is not reasonably possible. In that case the Supplier will notify the Purchaser in writing within said term of when its substantive response may be expected at the latest.

3. The Purchaser may then submit the dispute to the Disputes Committee for Telecommunications within thirty (30) days of receipt of the Supplier’s substantive response or within thirty (30) days of expiry of the date on which the Supplier should have responded pursuant to the provisions of the second paragraph.

4. If the Purchaser submits a dispute to the Disputes Committee, the Supplier shall be bound by this choice. If the Supplier wishes to submit the dispute to the Disputes Committee, the Supplier must request the Purchaser in writing to state, within five (5) weeks, whether or not he/she agrees to the Supplier doing so. In its request, the Supplier must indicate that it will consider itself free to submit the dispute to an ordinary court of law once said term of five (5) weeks has expired.

5. The Disputes Committee will settle the dispute with due observance of the provisions of the applicable regulations. The Dispute Committee will provide a copy of its regulations on request. The Dispute Committee will give a decision by way of a binding opinion. The Dispute Committee will charge a fee for the settlement of the dispute. 6. The Supplier will keep all correspondence and other documents relating to a complaint for a term of one year following the date on which the judgment concerning that complaint has become final.

Mega mobile doesn’t charge a connection fee
Destination
Rate
Afghanistan Mobile€ 0,20
Andorra€ 0,04
Andorra Mobile€ 0,34
Argentina€ 0,08
Argentina Mobile

€ 0,18

Aruba€ 0,17
Aruba Mobile € 0,29
Australia€ 0,03
Australia Mobile€ 0,11
Austria€ 0,03
Austria Mobile€ 0,04
Bahamas€ 0,18
Bahamas Mobile€ 0,25
Bahrain€ 0,08
Bahrain Mobile€ 0,14
Belgium€ 0,04
Belgium Mobile€ 0,05
Bolivia€ 0,39
Bolivia - Mobile€ 0,34
Bosnia€ 0,27
Bosnia Mobile€ 0,45
Brazil€ 0,04
Brazil Mobile€ 0,05
Bulgaria€ 0,03
Bulgaria Mobile€ 0,06
Cambodia€ 0,14
Cambodia Mobile€ 0,16
Canada€ 0,03
Chile€ 0,05
Chile Mobile€ 0,03
China€ 0,03
China Mobile€ 0,03
Colombia€ 0,09
Colombia - Mobile € 0,07
Costa Rica€ 0,04
Costa Rica Mobile€ 0,17
Croatia€ 0,03
Croatia Mobile€ 0,17
Cuba€ 1,65
Cyprus€ 0,02
Cyprus Mobile€ 0,07
Czech Republic€ 0,05
Czech T Mobile€ 0,04
Denmark€ 0,02
Denmark Mobile € 0,05
Dominican Republic€ 0,05
Dominican Republic€ 0,05
Egypt€ 0,19
Egypt Mobile€ 0,19
El Salvador€ 0,47
El Salvador Mobile€ 0,37
Ethiopia€ 0,30
Ethiopia Mobile € 0,30
Finland€ 0,09
Finland Mobile€ 0,12
France€ 0,03
France Mobile€ 0,08
France Mobile € 0,08
Germany€ 0,02
Germany Mobile€ 0,07
Ghana€ 0,22
Ghana Mobile€ 0,25
Greece€ 0,03
Greece Mobile€ 0,05
Haiti€ 0,60
Haiti Mobile€ 0,51
Honduras€ 0,25
Honduras Mobile€ 0,27
Hong Kong€ 0,03
Hong Kong Mobile€ 0,06
Hungary€ 0,02
Hungary Mobile€ 0,09
Iceland€ 0,03
Iceland Mobile€ 0,07
India€ 0,04
India Mobile€ 0,04
Indonesia€ 0,13
Indonesia Mobile€ 0,12
Iran€ 0,11
Iran Mobile€ 0,15
Iraq€ 0,20
Iraq Mobile€ 0,25
Ireland€ 0,02
Ireland Mobile€ 0,10
Israel€ 0,02
Israel Mobile€ 0,05
Italy€ 0,02
Italy Mobile€ 0,06
Japan€ 0,05
Japan Mobile€ 0,14
Kazakhstan€ 0,04
Kazakhstan Mobile€ 0,13
Kenya€ 0,20
Kenya  Mobile€ 0,17
Liberia€ 0,80
Liberia Premium€ 0,82
Lithuania€ 0,03
Lithuania Mobile€ 0,04
Luxembourg€ 0,04
Luxembourg Mobile€ 0,06
Morocco€ 0,05
Morocco Mobile€ 0,45
Nepal€ 0,21
Nepal - Mobile€ 0,27
Netherlands€ 0,02
Netherlands  Mobile€ 0,10
New Zealand€ 0,03
New Zealand Mobile€ 0,08
Niger€ 0,66
Niger Mobile€ 0,64
Nigeria€ 0,09
Nigeria Mobile€ 0,11
Norway€ 0,02
Norway Mobile€ 0,08
Oman€ 0,23
Oman Mobile€ 0,55
Pakistan€ 0,21
Pakistan Mobile€ 0,23
Paraguay€ 0,07
Paraguay Mobile€ 0,17
Peru€ 0,03
Peru Mobile€ 0,15
Philippines€ 0,21
Philippines Mobile€ 0,27
Poland€ 0,04
Poland Mobile€ 0,04
Portugal€ 0,02
Portugal Mobile€ 0,05
Qatar€ 0,32
Qatar Mobile€ 0,37
Romania€ 0,02
Romania Mobile€ 0,04
Russia€ 0,11
Russia Mobile€ 0,30
Saudi Arabia€ 0,18
Saudi Arabia Mobile€ 0,28
Singapore€ 0,02
Singapore Mobile€ 0,03
Slovakia€ 0,02
Slovakia Mobile€ 0,21
Slovenia€ 0,04
Slovenia Mobile€ 0,11
Somalia€ 0,55
Somalia Mobile€ 0,55
South Africa€ 0,04
South Africa Mobile€ 0,07
Spain€ 0,03
Spain Mobile€ 0,04
Sri Lanka€ 0,32
Sri Lanka Mobile€ 0,25
Suriname€ 0,15
Suriname Mobile€ 0,35
Sweden€ 0,02
Sweden Mobile€ 0,04
Switzerland€ 0,04
Switzerland Mobile€ 0,25
Taiwan€ 0,03
Taiwan Mobile€ 0,20
Tanzania€ 0,60
Tanzania Mobile€ 0,64
Thailand€ 0,03
Thailand Mobile€ 0,03
Tunisia€ 0,99
Tunisia Mobile€ 0,99
Turkey€ 0,07
Turkey  Mobile€ 0,16
Ukraine€ 0,21
Ukraine Mobile€ 0,25
United Kingdom€ 0,02
United Kingdom Mobile€ 0,04
United States€ 0,04
Uruguay€ 0,11
Uruguay Mobile€ 0,39
Venezuela€ 0,14
Venezuela Mobile€ 0,25
Vietnam€ 0,16
Vietnam Mobile€ 0,16
Zambia€ 0,15
Zambia Mobile€ 0,23
Zimbabwe€ 0,20
Zimbabwe Mobile€ 0,77

 

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