1.1 These terms and conditions are applicable to all offers and/or agreements of RingCredible with regard to mobile telecommunication services made to or entered into with the client as well as the execution thereof, insofar as the parties do not explicitly depart from these terms and conditions in writing.
2.1 Verbal promises or agreements by or with its personnel shall only bind RingCredible subject to written confirmation by RingCredible.
2.2 The agreement is effected once the client installs the application made available by RingCredible on his mobile telephone. The client can use the services of RingCredible, provided he continues to top up his call credit.
3.1 RingCredible makes available to the client software which is needed to form a telephone connection by means of WiFi. The client must install the relevant application on his mobile telephone himself and top up his call credit with a minimum of € 5.
3.2 From the moment the client actively uses the service of RingCredible for the first time, the application offers a service that is limited in time and shall be extended, provided the client tops up his call credit with a minimum of € 5 again. The application can no longer be used if the client failed to top up his call credit with a minimum of € 5 for a consecutive period of six months.
3.3 The call credit can be topped up by means of a method offered by RingCredible for that purpose. From the moment the client upgrades the service of RingCredible, the call credit is limited in time and shall be extended, provided the client tops up his call credit. If the client fails to top up his call credit within a period of six months, the call credit can no longer be used and is lost, without the client being able to claim any form of refund or compensation.
3.4 The free trial credit of € 0,50 provided by RingCredible is valid for 7 days after registration as a new client.
4.1 RingCredible aims to provide the client with a trouble-free telephone connection by means of WiFi, provided this service is available. The client is aware that a WiFi connection is not universally available across the globe. Partly with a view to the nature and the use of the telecommunication services and due to dependency on third parties and variable physical factors, RingCredible is unable to guarantee that a WiFi connection is available and that it is trouble-free. RingCredible cannot be held responsible or liable for this or for that reason.
4.2 The client is aware that emergency telephone numbers such as 112, 999 or ambulance/doctor telephones cannot be reached via RingCredible. The same applies to 0900 telephone numbers in the Netherlands and many foreign 0800 + 0900 telephone numbers. These services should be called using the GSM network.
4.3 In order to secure the proper performance of the software as much as possible, the client is obliged to allow all updates to be carried out by his mobile telephone, failing which the software underperforming shall be entirely at the risk of the client.
4.4 The client is not allowed to transfer the (source code of the) software and/or related technical information, to make changes therein, disclose this to third parties and/or to copy and/or manipulate this. In the event of misuse, the client shall be fully liable for all damage suffered and to be suffered by RingCredible.
4.5 RingCredible reserves the right to change the technical properties of its services or the telecommunication network that is used, subject to the condition that its clients do not suffer any loss in functionality.
5.1 The standard rates are listed on the website. These standard rates apply, unless agreed otherwise.
5.2 RingCredible is entitled to change its pricelist. Any changes in price shall be announced by RingCredible in advance by means of a notification on its Internet site. RingCredible is at all times entitled to implement price rises which it is authorised or obliged to do by virtue of statutory provisions.
6.1 RingCredible guarantees the reliability of the services it provides, in accordance with what the client may reasonably expect by virtue of the agreement. If nevertheless faults occur in the services provided by RingCredible, RingCredible shall deliver the services again or apply a reasonable price reduction, all this at the sole discretion and assessment of RingCredible.
6.2 The client must submit his claim to RingCredible in writing, within 8 days of the fault occurring and/or delivery. Any claim against RingCredible lapses if a complaint is received after that period.
7.1 Call credit for services purchased in advance are not refunded by RingCredible. Any call credit lapses after six months of the most recent top-up.
7.2 RingCredible does not owe any interest to the client on any advance payments.
8.1 RingCredible is entitled to (temporarily) block, deactivate and/or suspend the service provided to the client, partly or in full, if the client fails to fulfil one or more obligations towards RingCredible or if he fails to do so properly, in the event of fraud or suspected fraud or in the event of failure to meet the requirements that can be attached to reasonable use of the service.
8.2 The service is blocked or deactivated without the client being able to claim any compensation.
8.3 The service provision shall be resumed, provided the client remedies the situation within a period set by RingCredible, thus meeting his obligations towards RingCredible once again. The client owes RingCredible a reconnection charge for the resumption of services.
8.4 In the event the service provision is blocked or deactivated, RingCredible shall inform the client accordingly.
9.1 RingCredible provides e-mail support for her products. For questions, complaints or comments you can send an e-mail to firstname.lastname@example.org. We will try to answer your e-mail within three working days.
9.2 RingCredible will only provide support in Dutch or English. Questions, complaints or comments need to be in Dutch or English in order to be taken into account.
10.1 The rights and obligations by virtue of an agreement entered into between RingCredible and the client may not be transferred to a third party, unless RingCredible has granted its prior, written approval for this.
10.2 The client grants RingCredible approval in advance to transfer the agreement, or the rights and obligations arising from it, to a third party and/or to encumber it in favour of a third party or to have it executed by a third party (including subcontracting).
11.1 Bar the provisions of article 6, the client shall be unable to make any claim against RingCredible on account of faults in or with regard to the services provided by RingCredible. RingCredible therefore cannot be held liable for direct and/or indirect damage or losses, including personal injury and property damage, intangible losses, consequential damage and losses (loss of profit, business interruption losses) and any other damage or losses, caused by whatever reason, inflicted by RingCredible, or any other party carrying out work on the instruction of or in conjunction with RingCredible within that framework, to the client and/or third parties during the provision of the service, unless in the event of gross negligence or intent on the part of RingCredible and/or its managerial subordinates.
11.2 Nor can RingCredible be held liable in respect of the above sentence for acts carried out by its staff or other individuals within the control of RingCredible, including (gross) negligence or intent by these individuals.
11.3 RingCredible cannot be held liable for damage or losses as a result of non-compliance with the (user) instructions provided by RingCredible and/or explicitly stated, or not complying with these correctly and/or fully.
11.4 RingCredible cannot be held liable for damage or losses caused by misuse, theft and other unlawful third-party acts as a result of which a party other than the client can use the services provided by RingCredible. In that case, the client continues to be obliged to pay for the services that have been purchased.
11.5 The client must notify RingCredible of the damage in writing as soon as possible, yet no later than four weeks after the damage is discovered or could have reasonably been discovered. Damage or losses not reported in writing within this period do not qualify for compensation by RingCredible.
11.6 If and insofar as RingCredible is in any way liable, for whatever reason, the liability shall at all times be limited to the amount that is paid out under the relevant business liability insurance in that case and, insofar as the damage or losses are not covered by the insurer, up to 15% of the amount (call credit) of the total of services purchased by the client.
11.7 Every claim against RingCredible lapses by the mere expiry of 12 months of the claim arising, unless the claim has been acknowledged by RingCredible.
11.8 The client indemnifies RingCredible, its staff and auxiliary staff engaged for the execution of the agreement against third-party claims, insofar as this claim is based on the use of the application by the client, and against any costs arising from this for RingCredible.
12.1 RingCredible shall only process and use the confidential (personal) data obtained, within the framework of its operational management or for registration purposes. RingCredible therefore shall refrain from using the (personal) data for purposes other than the provision of its services, e.g. the sale to third parties.
12.2 The client agrees to his details stated in the application, including call data (e.g. number called, start/end of call, date and time) being registered, processed and used by RingCredible in accordance with article 12.1.
12.3 Confidential (personal) data shall not be retained any longer than required for proper operational management and/or legally permitted.
12.4 RingCredible shall comply with any legal obligation to provide information on its clients. RingCredible guarantees the privacy of the telephone and telegraph, with due observance of the exceptions stipulated by law. RingCredible is obliged to render its assistance to legally authorised telephone tapping orders.
13.1 The place of execution shall be deemed the place where RingCredible has its registered office.
13.2 All agreements concluded by RingCredible are solely governed by Dutch law.
13.3 All disputes between RingCredible and the client shall be settled exclusively by the competent court in the judicial district where RingCredible has its registered office, unless another Dutch court is competent by virtue of mandatory law. In departure thereof, RingCredible shall be entitled to apply to the court of the place of residence/business of the client.
13.4 RingCredible is a registered trademark of RBN BV
Terms and conditions valid from June 2011
RingCredible is not available in certain national regions.