General Terms and Conditions IoT T-Mobile Netherlands B.V.
1. Definitions
Offer: an offer, in any form whatsoever, by or on behalf of T-Mobile for a Connection or Service or Additional Service. The Offer contains a description of the Service or Additional Service, the fixed regular charges, and the conditions under which it is offered;
Additional Services: T-Mobile products and services which the Customer can purchase in addition to the Service, whether or not for a fee, and which thereby become part of the Agreement;
General Terms and Conditions: these General Terms and Conditions IoT T-Mobile Netherlands B.V., which apply to the Offer, the Agreement, and the supply and use of the Service or Additional Service;
Additional Terms and Conditions: the conditions that, in addition to these General Terms and Conditions, apply to the Additional Service;
Connection: the connection to the Network provided by T-Mobile to the Customer;
Service: the service(s) for which the Customer uses the Network, whether or not for a fee;
Gateway or Middleware Platform: the interface offered by T-Mobile between the Customer and its IoT equipment enabling the Customer to register their SIM Cards and associated Peripheral Devices;
Usage Fee: all fees owed by the Customer arising from (use of) the Service or Additional Service, calculated according to the applicable List of Rates;
Customer: the natural person or legal entity with whom T-Mobile concludes the Agreement;
Service: the customer service of IoT T-Mobile, to be reached via the email address iotcreators@telekom.de;
LTE-M: Long Term Evolution for Machines. LTE-M is a Low Power Wide Area (LPWA) technology which enables communication of small amounts of data over large distances with a focus on lower energy consumption and lower costs. LTE-M is an international (3GPP) standard;
NB-IoT: Narrowband-Internet of Things. NB-IoT, like LTE-M, is a Low Power Wide Area (LPWA) technology which enables communication of small amounts of data over long distances with minimal energy consumption. NB-IoT is an international (3GPP) standard. NB-IoT focuses even more on minimal energy consumption than LTE-M. LTE-M, on the other hand, provides a larger bandwidth than NB-IoT. Both technologies are complementary to each other;
Network: the T-Mobile (IoT) network;
Agreement: the agreement between T-Mobile and the Customer pursuant to which T-Mobile provides the Service or Additional Service and to which these General Terms and Conditions and any Additional Terms and Conditions and the applicable List of Rates apply;
Personal Data: any information relating to an identified or identifiable natural person;
Peripheral Device: any device intended to be connected (whether or not via a SIM Card) to the Network for the purpose of transmitting, processing, or receiving information, including telephones and computers;
Communication Module: the radio module in the Peripheral Device that communicates with the Network;
SIM Card: a T-Mobile SIM Card, whether or not by means of SIM on chip, which, in combination with the Customer’s equipment, enables the Customer to make use of the Service;
List of Rates: an overview of rates and other one-off, variable, or regular fees relating to the Service or Additional Service, which can be requested from Customer Service or viewed on the Website;
T-Mobile: T-Mobile Netherlands B.V., Waldorpstraat 60, 2521 CC, The Hague;
Website: T-Mobile’s IoT internet site iot.t-mobile.nl.
2. General Provisions
2.2 In the event of any conflict between oral and written statements made by T-Mobile, the written ones shall prevail.
2.3 The General and Additional Terms and Conditions and the List of Rates may be amended unilaterally by T-Mobile. Changes to the detriment of the Customer shall be announced individually at least 1 month in advance. The changes take effect 1 month after the announcement or on a (later) date stated in the announcement, all this with due observance of the mandatory legal provisions applicable at that time. If the Customer does not wish to accept the change with respect to the Service or Additional Service they have purchased, they may terminate the Agreement with respect to that Service or Additional Service in writing with effect from the date on which the change takes effect. The notice must be received by T-Mobile within 1 month of receipt of the announcement by the Customer. The current List of Rates and the General and Additional Terms and Conditions are available on the Website.
2.4 If the Customer provides T-Mobile with data in any form whatsoever, the Customer guarantees the accuracy of said data. T-Mobile is not obliged to verify the accuracy of the data provided.
2.5 The Customer must inform T-Mobile in writing at least 14 days before a change of address takes effect. T-Mobile shall never be liable for damage or loss resulting from the Customer’s failure to communicate a change of address on time or correctly.
2.6 The Customer may not, without the prior written consent of T-Mobile, transfer, resell, or otherwise make available to third parties their rights and obligations under the Agreement, including the use of the Service.
2.7 Dutch law applies to this Agreement.
2.8 Any disputes relating to or arising from the Agreement shall be submitted exclusively to the competent court in The Hague.
3. Offer and formation of the agreement
3.1 The Agreement relating to a Service or Additional Service is concluded after T-Mobile has received a request or order from the Customer for this purpose and this request or order has been accepted by T-Mobile.
3.2 The Customer has the right to cancel the order for a period of 14 days. The cooling-off period for the purchase of products commences after receipt of the product, and the cooling-off period for the purchase of services commences on the day on which the agreement is concluded. For the termination statement, you can contact T-Mobile within 14 days after receipt via iotcreators@telekom.de. T-Mobile will then provide you with further instructions on how to return the products and how to proceed. No costs are due for invoking the cooling-off period, except for the direct costs of returning the products.
3.3 T-Mobile can carry out a risk assessment, such as a creditworthiness investigation, or have it carried out by a third party. If the investigation reveals risks that T-Mobile is unwilling to accept, T-Mobile may impose restrictions and/or further obligations on the use of the Service or, at T-Mobile’s discretion, not enter into or terminate the Agreement. In the latter case, the Customer is liable for the Usage Fee up to the time of disconnection. At the written request of the Customer, T-Mobile shall state the reason(s). As part of a risk assessment, Personal Data may be provided to third parties.
4. Use of the Service
4.1 The Customer receives a SIM Card from T-Mobile with which the Network can be used. This SIM Card remains the property of T-Mobile. The Customer may only use the SIM Card in combination with a CE-certified device and with a Communication Module certified by T-Mobile. An overview of these certified modules can be found on our Website.
4.2 The Network works by distributing radio signals. The radio signals are sometimes disturbed. These are faults with an external cause. T-Mobile cannot guarantee full availability of the Network. Due to maintenance or malfunctions, there may temporarily be little or no range at all. T-Mobile will, of course, do its best to solve such issues as soon as possible.
4.3 The Customer is responsible for the necessary equipment (Communication Module, tool kit, circuit board). T-Mobile provides the SIM Card and access to the Network.
4.4 The Peripheral Devices used by the Customer must meet the requirements specified in the always current version of the GSMA IoT Device Connection Efficiency Guidelines [https://www.gsma.com/iot/gsma-iot-device-connection-efficiency-guidelines].
4.5 If the deployed volumes of a specific IoT Peripheral Device exceed 10,000 (ten thousand) units, the integrated Communication Module supports at least one of the following two features:
• The Radio Policy Manager function as defined in the always current version of the GSMA Guidelines [GSMA IoT Device Connection Efficiency Guidelines]. If the SIM Card used by the Customer does not contain the necessary fields to modify the Radio Policy Manager’s behavior, the function must be activated by the Customer at the request of T-Mobile, e.g. via their own AT commands sent by the application on the Peripheral Device to the Communication Module. It is the responsibility of the Customer to coordinate this patented implementation with their Communication Module supplier. OR;
• The Network Friendly Mode as defined in the connection efficiency requirements in the GSMA Guidelines [GSMA IoT Device Connection Efficiency Guidelines]. The function must be activated by the Customer at the request of T-Mobile, for example by means of their own AT commands sent by the application on the Peripheral Device to the Communication Module. It is the responsibility of the Customer to coordinate this patented implementation with their Communication Module supplier.
T-Mobile is not liable for data traffic that is not received from the Peripheral Device on the IoT service platforms of the Customer or their end customers as a result of the activation by the Customer or end customer of the two functions mentioned in this provision on the Communication Module.
4.6 The Customer is solely responsible for all costs incurred with the their subscription. If the SIM Card is stolen or if the Customer suspects misuse, the Customer must report this as soon as possible. The Connection can then be blocked. Until the moment of notification, the Customer remains responsible for the Usage Fee.
4.7 T-Mobile may make changes regarding the countries and/or networks from/to which data can be sent abroad (‘Roaming’). The Customer can use the roaming networks, taking into account the possibilities of use, quality characteristics, and rules applicable to the country or network concerned. T-Mobile does not guarantee the quality of the network in question. The information on roaming (inbound and outbound electronic communications) is available on the Website.
5. Duration of the Agreement and termination
5.1 Unless explicitly agreed otherwise, the Agreement is entered into for the minimum contract period stated in the Agreement after activation of the Connection(s). At the end of this minimum contract period, the Agreement will automatically be converted into an open-ended agreement unless the Customer terminates the Agreement before the expiry of the minimum contract period by giving 1 month’s written notice to the Customer Service department. An open-ended Agreement may be terminated by the Customer at any time, subject to a notice period of 1 month.
5.2 T-Mobile is entitled to dissolve the Agreement without judicial intervention in the event:
(a) that the costs charged to the Customer for Services or Additional Services are not paid;
(b) that the Customer does not fulfill one or more obligations under the Agreement;
(c) of termination, revocation, or amendment of the licenses, whether or not from third parties, on the basis of which T-Mobile offers its Services or Additional Services;
(d) that technical or economic circumstances make it necessary to do so;
(e) that the Customer provided incorrect or incomplete information to T-Mobile at or after the conclusion of the Agreement.
5.3 Dissolution is possible without prior notice of default in the case referred to under (e) of the previous paragraph, as well as if:
(a) performance by the Customer is permanently impossible;
(b) there is a case of bankruptcy, debt restructuring, or placement under guardianship of the Customer, or a request to that effect has been made.
5.4 In the event of dissolution and/or termination, the Customer’s claims against T-Mobile and the remaining balance shall lapse without the Customer being entitled to any form of refund or compensation. The Customer is liable for all damage or loss, including but not limited to the regular fee(s) under the Agreement for the remaining duration of the minimum contract period.
6. Suspension by T-Mobile
(a) does not fulfill their obligations under the Agreement or does not comply with the requirements that can be set for reasonable use, including excessive use of the Service;
(b) has not paid one or more of the costs charged for Services;
(c) provided incorrect or incomplete information to T-Mobile when or after the Agreement was concluded.
6.2 The suspension takes place without the Customer being able to claim any compensation. The suspension ends when T-Mobile ascertains that the Customer has fulfilled all their obligations. The costs of suspension and reinstatement shall be borne by the Customer. During the suspension, the Customer remains obliged to pay their fixed regular charges for the duration of the Agreement.
6.3 If the Customer incurs unusually high costs in a short period of time, T-Mobile is entitled to make certain destinations and services subject to above-average rates inaccessible to the Customer until the Customer has made an advance payment as referred to in Clause 7.9.
7. Payment and Rates
7.1 The Customer shall owe a Usage Fee for the Services or Additional Services they have purchased. The Usage Fee will be invoiced on the basis of the applicable List of Rates. The Usage Fee is due from the moment of activation of the Connection. In the case of a subscription agreement, T-Mobile will charge the Usage Fee 1 day after the order is placed. The Customer can activate these Connections directly on the Network. For additional Connections on top of a subscription, immediately after activation by the Customer, additional costs will be charged in proportion to the number of additional Connections.
7.2 T-Mobile is entitled to collect the costs of the services of third parties for content services and/or other services (mobile or otherwise) purchased by the Customer. The Customer agrees that these costs shall be charged by T-Mobile as Usage Fees on its invoices.
7.3 T-Mobile is entitled to invoice the regular portion of the Usage Fees owed by the Customer under this Agreement in advance and regularly. In special circumstances (including presumed improper use), T-Mobile is entitled to invoice prematurely. The Customer shall pay the invoice within the period specified on the invoice.
7.4 T-Mobile shall make the invoice available electronically free of charge.
7.5 Complaints about the invoice should be reported to Customer Service as soon as possible after receipt of the invoice. Submitting a complaint does not suspend the Customer’s payment obligation. T- Mobile will only process written requests for suspension and this only for the part of the invoice that is disputed with reasons.
7.6 In the event of late payment, T-Mobile reserves all legal rights, including suspension of the Service or Additional Service, charging extrajudicial collection costs, and transferring the claim to a collection agency.
7.7 T-Mobile is entitled to transfer all or part of the rights and obligations arising from the Agreement relating to the collection of overdue payments to a third party.
7.8 T-Mobile may, prior to the establishment of the Connection or during the term of the Agreement, require the Customer to make an advance payment of an amount to be determined by T-Mobile, for example in the event that the Customer incurs unusually high costs in a limited period of time or if T-Mobile suspects that the Customer will not meet their payment obligations. T-Mobile shall not be due any interest on this advance payment.
7.9 Any incidental costs relating to the Agreement and the delivery of the Connection may be charged by T-Mobile before the Connection is established.
8. Processing of Personal Data
8.1 T-Mobile processes Personal Data carefully and properly and in compliance with the applicable privacy and data protection laws and regulations, including (but not limited to) the General Data Protection Regulation (GDPR) and the Telecommunications Act. To the extent that the Customer collects Personal Data and provides it to T-Mobile, the Customer warrants that this collection and provision is lawful.
8.2 With regard to the Service and the Additional Services offered as standard functionality by T-Mobile, T-Mobile is the ‘controller’ as referred to in the GDPR. In this regard, the Customer enables T-Mobile to fulfil its obligations under the GDPR, in particular to inform those concerned and to respond appropriately to requests for rights from those concerned. More information about the processing of Personal Data by T-Mobile as controller can be found at www.t-mobile/privacy.
8.3 If and insofar as Parties process Personal Data in the context of the Agreement in the capacity of ‘controller’ and ‘processor’ as referred to under the GDPR, the Parties agree that they will enter into a separate processing agreement for this purpose.
9. Liability of T-Mobile
9.2 T-Mobile shall never be liable for indirect damage or loss suffered by the Customer, which expressly (but not exclusively) includes immaterial damage and/or trading loss, including loss of profit.
9.3 T-Mobile shall only be liable for damage or loss other than indirect damage in the cases listed below and subject to the limits stated there:
a. death or physical injury up to a maximum amount of €900,000 per event;
b. the failure to process or unlawful processing by T-Mobile of the Customer’s Personal Data up to a maximum of €2,500 per Customer and up to a maximum of €225,000 per event for all affected T-Mobile Customers jointly;
c. damage to the Customer’s property in connection with the performance of the Agreement by T-Mobile up to a maximum of €225,000 per event.
9.4 If, as a result of an event as referred to in this Clause, several Customers bring a claim against T-Mobile and the combined claims exceed the limits set per event in Clause 9.3, T-Mobile shall only be obliged to pay the claims in proportion to the extent thereof.
9.5 The Customer must inform T-Mobile of this in writing no later than 2 months after discovery of the damage or loss. Damage or loss that has not been brought to T-Mobile’s attention within the term shall not be compensated, unless the Customer can demonstrate that a timely written response could not reasonably have been expected of them.
9.6 The exclusions and limitations referred to in this Clause shall not apply if the damage or loss is the result of intent or gross negligence on the part of T-Mobile’s managerial staff.
10. Claims, complaints and disputes
10.1 The Customer must notify T-Mobile of complaints relating to immediately noticeable defects in/to the delivery of products and Additional Services within a reasonable period of time after discovery of the defect, on the understanding that a notification within a period of 2 months shall in any case be deemed timely.
10.2 Disputes between the Customer, who is a natural person, and T-Mobile concerning the Agreement may be submitted by either the Customer or T-Mobile to the Disputes Committee, to whose ruling they are both then bound. A dispute shall only be handled by the Disputes Committee if the Customer has first submitted their complaint to T-Mobile in writing. T-Mobile will respond within 30 days after receipt of the complaint unless this is not reasonably possible. In that case, the Customer will be notified within that period of when the substantive response will be communicated to them at the latest. Within 30 days of receipt of T-Mobile’s substantive response or within 30 days of the date on which T-Mobile should have responded, the Customer may bring the dispute before the Disputes Committee. The dispute must be submitted to the Disputes Committee no later than 12 months after it arose. The Disputes Committee will render a decision with due observance of the provisions of the applicable regulations. The regulations can be consulted on the website of the Disputes Committee and will be communicated by T- Mobile upon request. The decisions of the Disputes Committee are binding on both Parties. A fee is payable for both Parties for handling a dispute.
Effective Wednesday, July 1, 2020