Special Installation Terms and Conditions

Transcription

1 Special Installation Terms and Conditions 01. Definitions General provisions Do-It-Yourself Installation in case of a DSL order Do-It-Yourself Installation in case of an FttH order Raw Copper Installation: Test & Label Fiber Intro-point & NT Installation Fiber NT Installation Worry-Free Installation for DSL Worry-Free Installation for Fiber Small Network Adaptations Proximus standard conditions for access Wrongful Intervention Obligations of the Customer and the Contact Person Installation fee Specific provisions related to edpnet Telephony Edpnet s obligations and responsibilities Liability 21 1

2 Special Installation Terms and Conditions 1. Definitions Activation Agreement Appointment Time AREI Best Effort Browser Contact Person Customer, You(r) DSL DTP edpnet Fiber Intro-point Fiber NT FttH General Terms Hardware Hyperlink Installation Address Internal Cabling The moment at which the Customer can start using the Service. A mutual commitment between edpnet and the Customer under which edpnet makes the Service available to the Customer, and at which General and Special Conditions apply. Date and time the technician will arrive at the Installation Address to carry out the planned installation works. «Algemeen Reglement op de Elektrische Installaties», contains the main general legal requirements concerning electrical installations. The promise to do ones utmost to achieve a certain goal without the achieving of this goal can be guaranteed nor afterwards enforced. Scroll program for the purpose of use of the World Wide Web. The adult physical person whose telephone number is being provided during the ordering process. Physical person, corporation or unincorporated association that edpnet has an Agreement with, including any person who acts with or may reasonably be assumed of acting with permission or knowledge. The collective name for various DSL solutions such as ADSL, VDSL2 and SDSL. Distribution Termination Point, underground branching point on the public domain from which the optical fiber is introduced via an input to the Fiber Intro-point. edpnet NV, with registered office at 9100 Sint-Niklaas, Van Landeghemstraat 20, VAT number BE The Optical Network Termination Point, the passive termination point of the FttH Network in the LU, to which a Fiber NT will be connected. The Optical Network Terminal, the active termination point of the FttH Network in the LU, to which the Router of the Customer needs to be connected. Fiber to the Home, a fiber-optic connection up to the house. The General Terms and Conditions for Consumers and the General Terms and Conditions for Enterprises and Practitioners of Liberal Professions. Any equipment supplied by edpnet that is required for the use of the Service, and may include Software. A reference that provides a link to a web page or digital document. The physical address where the Customer will use the Service. The cabling between the Proximus entry point and internal outlets, patch panels, modem, router... 2

3 Intervention Form Intervention Time Introduction Cable LU MDU Network NTP Provisioning Proximus Router Service SDU SNA Software Ticket VoIP The document that the technician presents to the Customer for signature upon completion of the installation. It will serve as evidence for the proper execution of the installation. Date and time the technician will arrive at the Installation Address to carry out the intervention. The physical part of a Customer line that connects the Distribution Cable to the Customer s DSL network endpoint (NTP) or the optical network termination point (Fiber Intro-point). Living Unit, each unit in a residential building designed or adapted to be used separately by a family or a group of persons. Multi Dwelling Unit, a building used by several families, or several group of persons, each identified as one (1) single end-user of the Service. The public telecommunications network that is used for the provisioning of the Service to the Customer. Network Termination Point, the termination point of the DSL network at the Customer's Installation Address. The period between the ordering and the Activation of the Service. Public Limited Company under Belgian Public Law, with registered office at 1030 Brussels, Boulevard du Roi Albert II 27, owner of the Belgian national DSL and FttH Network. A device that connects two (2) or more different computer networks, in this context the FttH network of Proximus and the network of the Customer. Any product or service offered by edpnet that can be used by the Customer after installation and/or activation. Single Dwelling Unit, a building used by one (1) family or one (1) group of persons, identified as one (1) single end-user of the Service. Small Network Adaptations, modifications to the Proximus network necessary in order to make the Service possible. All the elements that are contained in the Hardware and that are protected by intellectual property rights. A written message that the Customer can send to edpnet, and vice versa, within edpnet s secured internal communication system. Voice over IP, a technology that allows the making of telephone calls over the internet. 2. General provisions 2.1. These Special Installation Terms and Conditions, hereinafter Installation Conditions, are an addition to the General Terms that regulate the legal relationship between the provider, edpnet, and the Customer, in the context of the physical installation and Activation of the Service at the Installation Address The Customer declares to have been properly informed about the characteristics of the different types of installation. All information on this subject can be found at 3

4 2.3. The Customer may not change or replace any of the provisions of these Installation Conditions, unless otherwise mutually agreed in writing General and/or Special Conditions from the Customer are expressly rejected by edpnet The present Installation Conditions can be consulted in Dutch, French and English. In case of a discrepancy between the different versions, the Dutch version prevails. 3. Do-It-Yourself Installation in case of a DSL order 3.1. A Do-It-Yourself Installation in case of a DSL order involves the Customer taking the necessary actions in order to be able to use the DSL Service. Edpnet s action is limited strictly to the Activation of the DSL Service, on the Activation date notified to the Customer. Edpnet assumes that the Customer himself has done everything necessary to be correctly connected to the Network at the moment of Activation of the DSL Service. Edpnet will not charge the Customer an installation fee in case of a Do-It-Yourself Installation The Customer, who has opted for a Do-It-Yourself Installation in case of a DSL order during the ordering process, and requires any support from edpnet, will receive it on a Best Effort basis. The Customer cannot claim any rights if edpnet does not provide the answers or solution(s) that the Customer needs or expects to receive in order to be able to successfully complete the Do-It-Yourself Installation that he has chosen during the ordering process In the event that the scheduled Activation date of the Service does not suit the Customer, for any reason, edpnet should be informed of this immediately in writing If not later than two (2) working days before the scheduled Activation the Customer requests edpnet to change the date of the scheduled Activation of the DSL Service to another date than the one previously notified by edpnet, for any reason, edpnet is entitled to charge the Customer a Change Date Fee equal to 8,26 excluding VAT ( 10,00 VAT included) If later than two (2) working days before the scheduled Activation the Customer requests edpnet to change the scheduled date of the Activation of the DSL Service to another date than the one previously notified by edpnet, for any reason, edpnet is entitled to charge the Customer a Change Date Fee equal to 20,66 excluding VAT ( 25,00 VAT included). Edpnet will communicate the new date for the Activation to the Customer In the event that the Customer cancels the order before the Activation of the DSL Service, for any reason, edpnet should be informed of this as described in article 9.2 of the General Terms If for reasons that cannot reasonably be attributed to edpnet the order is being cancelled by the Customer not later than two (2) working days before the scheduled Activation, edpnet is entitled to charge the Customer a Cancellation Fee equal to 8,26 excluding VAT ( 10,00 VAT included) If for reasons that cannot reasonably be attributed to edpnet the order is being cancelled by the Customer later than two (2) working days before the scheduled Activation, edpnet is entitled to charge the Customer a Cancellation Fee equal to 103,31 excluding VAT ( 125,00 VAT included). If the case, the burden of proof of the irrefutable shortcoming of edpnet lies entirely with the Customer. 4

5 3.5. When during the Provisioning process it is being detected that an installation of the type "Raw Copper Installation: Test and Label", hereinafter Telecom Installation, is required, edpnet will notify the Customer hereof. For all provisions concerning the Telecom Installation reference is made to section 5 of the present Installation Conditions. Edpnet will freeze the Provisioning process and provide the Customer with a quotation for a Telecom Installation. Upon approval of the quotation, edpnet will send an order confirmation for the Telecom Installation to the Customer and put the Provisioning process back in motion. Edpnet will communicate the Appointment Time to the Customer. The rejection of the quotation by the Customer will result in edpnet being technically not able to provide the DSL Service. In such case edpnet will cancel the order for the DSL Service. Any ongoing orders for services directly related to the DSL Service will also be canceled, while any ongoing orders for services not directly related to the DSL Service will not be canceled. Edpnet will be entitled to charge the Customer a Cancellation Fee If the quotation is being rejected by the Customer not later than two (2) working days before the scheduled Activation, the Cancellation Fee is equal to 8,26 excluding VAT ( 10,00 VAT included) If the quotation is being rejected by the Customer later than two (2) working days before the scheduled Activation, the Cancellation Fee is equal to 103,31 excluding VAT ( 125,00 VAT included) In case that a problem appears after the Activation of a DSL line installed by the Customer via a Do-It-Yourself Installation, prior to contacting edpnet, the Customer must perform all possible checks in order to rule out that the problem is located on his side of the connection, being between the Proximus entry point in the building (NTP) and his computer. When he has ruled out that the problem is located on his side of the connection, the Customer can open a repair Ticket with edpnet. When it is being determined that the intervention of a technician is required to solve the problem, edpnet will communicate the potential cost of the intervention of a technician to the Customer, as well as the conditions under which these costs will be charged. In case the Customer refuses the intervention of the technician, or the conditions of the charging of it, for any reason, edpnet will log the refusal in the Ticket. Upon that, the Ticket will be closed because of the inability of edpnet to solve the problem. The Customer can claim no rights as a result of the closure of the Ticket by edpnet since he himself is at the basis of the closure of it. Edpnet will be entitled to consider this as an early termination of the contract during the fixed term and claim compensation for early termination in accordance with Article 9.3 of the General Terms. In case the Customer accepts the intervention of a technician, edpnet will communicate the Intervention Time to the Customer. If it appears during the repair of a line installed by the Customer via a Do-It-Yourself Installation that the cause of the problem is due to an incorrect installation performed by the Customer, then edpnet is entitled to consider this as a Wrongful Intervention as described in section 12 of the present Installation Conditions If the need for an SNA is being detected during the repair of a DSL line installed by the Customer via a Do-It-Yourself Installation, edpnet will notify the Customer hereof. For all provisions concerning the SNA reference is made to section 10 of the present Installation Conditions. Edpnet will provide the Customer with a quotation for the required SNA. Upon approval of the quotation, edpnet will send an order confirmation for the SNA to the Customer. Edpnet will communicate the Appointment Time to the Customer. 5

6 In case the quotation is not being approved by the Customer within five (5) working days, or in case the quotation is being rejected by the Customer, edpnet will cancel the order because being technically not able to provision the DSL Service. Edpnet will be entitled to consider this as an early termination of the contract during the fixed term and claim compensation for early termination under article 9.3 of the General Terms. 4. Do-It-Yourself Installation in case of an FttH order 4.1 A Do-It-Yourself Installation in case of an FttH order involves the Customer taking the necessary actions in order to be able to use the FttH Service. In practice this means that Customer himself will connect the Gigabit Ethernet WAN port of his Router by means of an UTP cable to the Gigabit Ethernet port of the Fiber NT. Edpnet s action is limited strictly to the Activation of the FttH Service on one (1) of the Fiber NT ports on the Activation date notified to the Customer. Edpnet assumes that at the moment of Activation of the FttH Service the Customer himself has already done everything necessary to be properly connected to the Network. Edpnet will not charge the Customer an installation fee in case of a Do-It-Yourself Installation. 4.2 The Customer, who has opted for a Do-It-Yourself Installation during the FttH ordering process, and requires any support from edpnet, will receive it on a Best Effort basis. The Customer cannot claim any rights if edpnet does not provide the answers or solution(s) that the Customer needs or expects to receive in order to be able to successfully complete the Do- It-Yourself Installation that he has chosen during the ordering process. 4.3 In the event that the scheduled Activation date of the FttH Service does not suit the Customer, for any reason, edpnet should be informed of this immediately in writing If not later than two (2) working days before the scheduled Activation the Customer requests edpnet to change the scheduled date of the Activation of the FttH Service to another date than the one previously notified by edpnet, for any reason, edpnet is entitled to charge the Customer a Change Date Fee equal to 8,26 excluding VAT ( 10,00 VAT included) If later than two (2) working days before the scheduled Activation the Customer requests edpnet to change the scheduled date of the Activation of the FttH Service to another date than the one previously notified by edpnet, for any reason, edpnet is entitled to charge the Customer a Change Date Fee equal to 20,66 excluding VAT ( 25,00 VAT included). Edpnet will communicate the new date for the Activation to the Customer. 4.4 In the event that the Customer cancels the order before the Activation of the FttH Service, for any reason, edpnet should be informed of this as described in article 9.2 of the General Terms If for reasons that cannot reasonably be attributed to edpnet the order is being cancelled by the Customer and a Fiber Intro-point & NT Installation was found necessary by Proximus, the provisions of article 6.5 apply If for reasons that cannot reasonably be attributed to edpnet the order is being cancelled by the Customer and a Fiber NT Installation was found necessary by Proximus, the provisions of article 7.5 apply If for reasons that cannot reasonably be attributed to edpnet the order is being cancelled by the Customer not later than two (2) working days before the scheduled Activation, and neither a Fiber Intro-point & NT Installation nor a Fiber NT Installation 6

7 were found necessary by Proximus, edpnet is entitled to charge the Customer a Cancellation Fee be equal to 8,26 excluding VAT ( 10,00 VAT included) If for reasons that cannot reasonably be attributed to edpnet the order is being cancelled by the Customer later than two (2) working days before the scheduled Activation, and neither a Fiber Intro-point & NT Installation nor a Fiber NT Installation were found necessary, edpnet is entitled to charge the Customer a Cancellation Fee equal to 103,31 excluding VAT ( 125,00 VAT included). If the case, the burden of proof of the irrefutable shortcoming of edpnet lies with the Customer. 4.5 In case a problem appears after the Activation of an FttH connection installed by the Customer via a Do-It-Yourself Installation, prior to contacting edpnet, the Customer must perform all possible checks in order to rule out that the problem is located on his side of the connection, being - the connection between the Fiber NT and his Router; - his Router; - the connection between his Router and his computer. When he has ruled out that the problem is located on his side of the connection, the Customer can open a repair Ticket with edpnet. After it is being determined that the intervention of a technician is required to solve the problem, edpnet will communicate the potential cost of the intervention of a technician to the Customer, as well as the conditions under which these costs will be charged. In case the Customer refuses the intervention of the technician, or the conditions of the charging of it, edpnet will log the refusal in the Ticket. Upon that, the Ticket will be closed because of the inability of edpnet to solve the problem. The Customer can claim no rights of this closure of the issue by edpnet since he himself is at the basis of the closure. Edpnet will be entitled to consider this as an early termination of the contract during the fixed term and claim compensation for early termination under article 9.3 of the General Terms. In case the Customer accepts the intervention of a technician, edpnet will inform him of the Intervention Date. If it appears during the repair of an FttH line installed by the Customer via a Do-It-Yourself Installation that the cause of the problem is due to an incorrect installation performed by the Customer, then edpnet is entitled to consider this as a Wrongful Intervention as described in section 12 of the present Installation Conditions. 5. Raw Copper Installation: Test & Label 5.1 A Raw Copper Installation: Test & Label, hereinafter Telecom Installation, implies that, on the Appointment Time notified to the Customer, a technician will install a NTP2007 outlet at the Proximus entry point in the building, mount the line, test it and label it with a Circuit ID. A detailed description of what a Telecom Installation does and does not include can be found on The completion of the Telecom Installation results in the Activation of the DSL Service. 5.2 In the event that the scheduled Telecom Installation cannot be met by the Customer or the Contact Person, for any reason, edpnet should be informed of this immediately in writing. 7

8 5.2.1 If not later than two (2) working days before the scheduled Telecom Installation the Customer requests edpnet to change the scheduled Appointment Time to another Appointment Time than the one previously notified by edpnet, for any reason, edpnet is entitled to charge the Customer a Change Date Fee equal to 8,26 excluding VAT ( 10,00 VAT included) If on the working day before the scheduled Telecom Installation the Customer requests edpnet to change the scheduled Appointment Time to another Appointment Time than the one previously notified by edpnet, for any reason, edpnet is entitled to charge the Customer a Change Date Fee equal to 20,66 excluding VAT ( 25,00 VAT included) If on the day of the scheduled Telecom Installation the Customer requests edpnet to reschedule the scheduled Appointment Time to another Appointment Time, for any reason, edpnet will treat this as a cancellation of the scheduled Telecom Installation and will be entitled to charge the Customer the usual costs for a Telecom Installation. The applicable standard fee for a Telecom Installation can be found on No promotions will be taken into account. Edpnet will communicate the new Appointment Time to the Customer. 5.3 In the event that the Customer cancels the order before the scheduled Telecom Installation, for whatever reason, edpnet should be informed of this as described in article 9.2 of the General Terms If the order is being cancelled by the Customer not later than two (2) working days before the scheduled Telecom Installation, edpnet is entitled to charge the Customer a Cancellation Fee equal to 8,26 excluding VAT ( 10,00 VAT included) If the order is being cancelled by the Customer later than two (2) working days before the scheduled Telecom Installation, edpnet is entitled to charge the Customer a Cancellation Fee equal to 103,31 excluding VAT ( 125,00 VAT included). If the case, the burden of proof of the irrefutable shortcoming of edpnet lies with the Customer. 5.4 If the need of an SNA is being detected during the Provisioning process, edpnet will notify the Customer hereof. For all provisions concerning the SNA reference is made to section 10 of the present Installation Conditions. 5.5 In the event that the technician cannot commence with or complete the Telecom Installation because the Customer has not complied with one (1) or more obligation(s) as described in section 13 of the present Installation Conditions, "Obligations of the Customer and the Contact Person", the technician will leave. Edpnet is entitled to consider this as a Wrongful Intervention as described in section 12 of the present Installation Conditions. Edpnet will propose a new Appointment Time to the Customer. In case no new Appointment Time for the Telecom Installation can be scheduled for reasons attributable to the Customer, the order will be cancelled by edpnet because of technically not being able to provide the Service. The Customer can claim no rights of this cancellation of the order by edpnet since he himself is at the basis of the cancellation. 5.6 Edpnet foresees one (1) working hour for the implementation of the Telecom Installation. This working hour commences as described in article Edpnet is entitled to charge extra working hours as described in article In case of a Telecom Installation pursuant to article 3.5, after a successful installation edpnet will send a message to the Customer that the DSL line has been activated. The Customer can then continue with the Do-It-Yourself Installation. 8

9 5.8 In the event that the Customer has ordered a Worry-Free Installation for DSL, and as far as no such Appointment Time has already been fixed, edpnet will contact the Customer after a successful Telecom Installation to fix a date for the further installation. 6. Fiber Intro-point & NT Installation 6.1 Prior to the activation of the FttH Service, the connection status of the Customer s Installation Address will be checked. In case the Installation Address is not located in an FttH area, or in case no more free fiber is available in the distribution cable, the request for a Fiber Intro-point & NT Installation will be rejected. The installation of another DTP than the one designed by Proximus engineering is not possible. 6.2 If the check reveals that a Fiber Intro-point & NT Installation is required, Proximus will deliver and install a DTP (if required), a Fiber Intro-point and a Fiber NT and establish the connection of the Installation Address of the Customer with the FttH Network. Reference is made to section 11 of the present Installation Conditions The Fiber NT and the optical patch cord connecting it to the Fiber Intro-point are provided and installed by Proximus in the SDU For MDU s where a complete optical fiber structured cabling is available between the technical room and the LU of the Customer, the Fiber NT is installed by Proximus in the LU of the Customer and connected to the Fiber Intro-point through the correct and working optical fiber structured cabling. Depending on the size and the layout of the MDU, the Fiber Intro-point may be placed at a different location For MDU s where a complete optical fiber structured cabling is not available between the technical room and the LU of the Customer, the Fiber NT and the optical patch cord connecting it to the Fiber Intro-point are provided and installed by Proximus in the technical room of the MDU. In such case, the Customer is responsible for connecting the Fiber NT placed by Proximus in the technical room to his LU through structured UTP CAT 6 (or higher) cabling. Depending on the size and the layout of the MDU, the Fiber Intro-point may be placed at a different location. Once the Fiber NT is installed, an optical patch cord of maximum five (5) meters will be installed between the Fiber Intro-point and the Fiber NT. The optical patch cord will be placed in an existing cable gutter. The presence of the cable gutter is the responsibility of the Customer. The Proximus technician will perform no drilling work and will not apply any vertical cabling. The connecting of the Fiber NT to the Fiber Intro-point results in the Activation of the FttH Service. 6.3 The installation of the DTP (if required) and the Fiber Intro-point will be performed by the same Proximus technician. This is the so-called Termination Part of the Fiber Intro-point & NT Installation. The installation of the Fiber NT will be performed by another Proximus technician. This is the so-called Connection Part of the Fiber Intro-point & NT Installation. Therefore two (2) different appointments at the Installation Address of the Customer will be required. External factors (Syndic, municipality...) can lead to the required works having to be carried out in more phases. 6.4 In the event that a communicated Appointment Time cannot be met by the Customer or the Contact Person, for any reason, edpnet should be informed of this immediately in writing. 9

10 6.4.1 If not later than two (2) working days before a scheduled Appointment Time the Customer requests edpnet to change the scheduled Appointment Time to another Appointment Time than the one previously notified by edpnet, for any reason, edpnet is entitled to charge the Customer a Change Date Fee equal to 8,26 excluding VAT ( 10,00 VAT included) If on the working day before a scheduled Appointment Time the Customer requests edpnet to change the scheduled Appointment Time to another Appointment Time than the one previously notified by edpnet, for any reason, edpnet is entitled to charge the Customer a Change Date Fee equal to 20,66 excluding VAT ( 25,00 VAT included) If on the day of the scheduled Appointment Time the Customer requests edpnet to reschedule the scheduled Appointment Time to another Appointment Time, for any reason, edpnet will treat this as a cancellation of the scheduled appointment and be entitled to charge the Customer a Cancellation Fee equal to 103,31 excluding VAT ( 125,00 VAT included). Edpnet will communicate a new Appointment Time to the Customer. 6.5 In the event that the Customer cancels the order before the Activation, for whatever reason, edpnet should be informed of this as described in article 9.2 of the General Terms If for reasons that cannot reasonably be attributed to edpnet the order is being cancelled by the Customer not later than two (2) working days before the scheduled Termination part of the Fiber Intro-point & NT Installation, edpnet is entitled to charge the Customer a Cancellation Fee equal to 8,26 excluding VAT ( 10,00 VAT included) If for reasons that cannot reasonably be attributed to edpnet the order is being cancelled by the Customer at any other moment before the FttH Service Activation, edpnet is entitled to charge the Customer a Cancellation Fee equal to 103,31 excluding VAT ( 125,00 VAT included). If the case, the burden of proof of the irrefutable shortcoming of edpnet lies with the Customer. 6.6 In the event that the technician cannot commence with or complete the intervention because the Customer has not complied with one (1) or more obligation(s) as described in section 13 of the present Installation Conditions, "Obligations of the Customer and the Contact Person", the technician will leave. Edpnet is entitled to consider this as a Wrongful Intervention as described in section 12 of the present Installation Conditions. Edpnet will communicate a new Appointment Time to the Customer. In case no new Appointment Time can be scheduled for reasons attributable to the Customer, the order will be cancelled by edpnet because of technically not being able to provide the FttH Service. The Customer can claim no rights of this cancellation of the order by edpnet since he himself is at the basis of the cancellation. 6.7 In the event that the Customer has ordered a Worry-Free Installation for Fiber, and as far as no Appointment Time has already been fixed for this intervention, edpnet will contact the Customer after a successful Fiber Intro-point & NT Installation to fix a date for the Worry-Free Installation for Fiber. 7. Fiber NT Installation 7.1 Prior to the activation of the FttH Service, the connection status of the Installation Address of the Customer will be checked. In case the Installation Address is not located in an FttH area, or 10

11 in case no more free fiber is available in the distribution cable, the request for a Fiber NT Installation will be rejected. 7.2 If the check reveals that a Fiber NT Installation is required, Proximus will deliver, install and connect a Fiber NT at the Installation Address of the Customer The Fiber NT and the optical patch cord connecting it to the Fiber Intro-point are provided and installed by Proximus in the SDU For MDU where a complete optical fiber structured cabling is available between the technical room and the LU of the Customer, the Fiber NT is installed by Proximus in the LU of the Customer and connected to the Fiber Intro-point through the correct and working optical fiber structured cabling For MDU where a complete optical fiber structured cabling is not available between the technical room and the LU of the Customer, the Fiber NT will be installed by Proximus in the technical room of the MDU. In such case, the Customer is responsible for connecting the Fiber NT placed by Proximus in the technical room to his LU through structured UTP CAT 6 (or higher) cabling. Once the Fiber NT is installed, an optical patch cord of maximum five (5) meters will be installed between the Fiber Intro-point and the Fiber NT. The optical patch cord will be placed in an existing cable gutter. The presence of the cable gutter is the responsibility of the Customer. The Proximus technician will perform no drilling work and will not apply any vertical cabling. The connecting of the Fiber NT to the Fiber Intro-point results in the Activation of the Service. 7.3 The installation and the connection of the Fiber NT will be performed by a Proximus technician. Therefore an appointment at the Installation Address of the Customer will be required. 7.4 In the event that the scheduled Fiber NT Installation cannot be met by the Customer or the Contact Person, for whatever reason, edpnet should be informed of this immediately in writing If not later than two (2) working days before the scheduled Fiber NT Installation the Customer requests edpnet to change the scheduled Appointment Time to another Appointment Time than the one previously notified by edpnet, for any reason, edpnet is entitled to charge the Customer a Change Date Fee equal to 8,26 excluding VAT ( 10,00 VAT included) If on the working day before the scheduled Fiber NT Installation the Customer requests edpnet to change the scheduled Appointment Time to another Appointment Time than the one previously notified by edpnet, for any reason, edpnet is entitled to charge the Customer a Change Date Fee equal to 20,66 excluding VAT ( 25,00 VAT included) If on the day of the scheduled Fiber NT Installation the Customer requests edpnet to reschedule the scheduled Appointment Time to another Appointment Time, for any reason, edpnet will treat this as a cancellation of the scheduled Fiber NT Installation and be entitled to charge the Customer a Cancellation Fee equal to 103,31 excluding VAT ( 125,00 VAT included). Edpnet will communicate a new Appointment Time to the Customer. 7.5 In the event that the Customer cancels the order before the scheduled Fiber NT Installation, for whatever reason, edpnet should be informed of this as described in article 9.2 of the General Terms. 11

12 7.5.1 If for reasons that cannot reasonably be attributed to edpnet the order is being cancelled by the Customer not later than two (2) working days before the scheduled Fiber NT Installation, edpnet is entitled to charge the Customer a Cancellation Fee equal to 8,26 excluding VAT ( 10,00 VAT included) If for reasons that cannot reasonably be attributed to edpnet the order is being cancelled by the Customer later than two (2) working days before the scheduled Fiber NT Installation, edpnet is entitled to charge the Customer a Cancellation Fee equal to 103,31 excluding VAT ( 125,00 VAT included). If the case, the burden of proof of the irrefutable shortcoming of edpnet lies with the customer. 7.6 In the event that the technician cannot commence with or complete the Fiber NT Installation because the Customer has not complied with one (1) or more obligation(s) as described in section 13 of the present Installation Conditions, "Obligations of the Customer and the Contact Person", the technician will leave. Edpnet is entitled to consider this as a Wrongful Intervention as described in section 12 of the present Installation Conditions. Edpnet will communicate the new Appointment Time to the Customer. In case no new Appointment Time can be scheduled for reasons attributable to the Customer, the order will be cancelled by edpnet because of technically not being able to provide the FttH Service. The Customer can claim no rights of this cancellation of the order by edpnet since he himself is at the basis of the cancellation. 7.7 In the event that the Customer has ordered a Worry-Free Installation for Fiber, and as far as no Appointment Time has already been fixed for this intervention, edpnet will contact the Customer after a successful Fiber NT Installation to fix a date for the Worry-Free Installation for Fiber. 8. Worry-Free Installation for DSL 8.1 A Worry-Free Installation for DSL involves that edpnet will take all necessary actions so that the DSL Service can be used by the Customer. A detailed description of what a Worry-Free Installation for DSL does and does not include can be found on A Worry-Free Installation for DSL can consist of two (2) parts, namely a Telecom Installation and an installation of the Hardware. If it appears that a Telecom Installation is necessary, edpnet will try to have both the Telecom Installation and the installation of the Hardware carried out by an edpnet technician so that only one (1) appointment is required. If it turns out that it is not possible to have the Telecom Installation carried out by an edpnet technician, it will be carried out by a Proximus technician. The installation of the Hardware by an edpnet technician will then be scheduled as soon as possible after the completion of the Telecom Installation and the Activation of the DSL line. In such a case two (2) different appointments at the Installation Address of the Customer will be required. For the separately performed Telecom Installation by a Proximus technician, the provisions of section 5 of these Installation Conditions apply. For (the part of) the Worry-Free Installation for DSL performed by an edpnet technician the provisions of this section 8 apply. 8.2 In the event that a scheduled Appointment Time cannot be met by the Customer or the Contact Person, for any reason, edpnet should be informed of this immediately in writing. 12

13 8.2.1 If not later than two (2) working days before the Appointment Time the Customer requests edpnet to change the scheduled Appointment Time to another Appointment Time than the one previously notified by edpnet, for any reason, edpnet is entitled to charge the Customer a Change Date fee equal to 8,26 excluding VAT ( 10,00 VAT included) If on the working day before the Appointment Time the Customer requests edpnet to change the scheduled Appointment Time to another Appointment Time than the one previously notified by edpnet, for any reason, edpnet is entitled to charge the Customer a Change date fee of 20,66 excluding VAT ( 25,00 VAT included) If on the day of the Appointment Time the Customer requests edpnet to change the scheduled Appointment Time to another Appointment Time, for any reason, edpnet is entitled to charge the Customer the fee for the originally scheduled Worry-Free Installation for DSL. Edpnet will communicate the new Appointment Time to the Customer. In case no new Appointment Time can be scheduled for reasons attributable to the Customer, or in case the Customer wants to postpone the installation of the modem indefinitely, edpnet is entitled to start invoicing the DSL Service from the Activation date on. 8.3 In the event that the Customer cancels the order, for whatever reason, edpnet should be informed of this as described in article 9.2 of the General Terms If for reasons that cannot reasonably be attributed to edpnet the order is being cancelled by the Customer before a scheduled Appointment Time, and the DSL line has not yet been activated, edpnet is entitled to charge the Customer a Cancellation Fee equal to 8,26 excluding VAT ( 10,00 VAT included). The cancellation of the Telecom Installation will be treated as described in article If for reasons that cannot reasonably be attributed to edpnet the order is being cancelled by the Customer later than two (2) working days before the scheduled Appointment Time, and the DSL line has already been activated, edpnet is entitled to treat this as an early termination of the contract during the fixed term and claim compensation for early termination under article 9.3 of the General Terms. 8.4 In the event that the technician cannot commence with or complete an intervention in the context of a Worry-Free Installation for DSL because the Customer has not complied with one (1) or more obligation(s) as described in section 13 of the present Installation Conditions, the technician will leave. Edpnet is entitled to consider this as a Wrongful Intervention as described in section 12 of the present Installation Conditions. Edpnet will communicate the new Appointment Time to the Customer. In case no new Appointment Time can be scheduled prior to the date of the planned Activation of the DSL Service, or in case the Customer wants to postpone the Worry-Free Installation for DSL indefinitely, edpnet is entitled to start invoicing the DSL Service from the Activation date on. 8.5 Edpnet foresees one (1) working hour for the Worry-Free Installation for DSL by its technician. This working hour commences at the moment described in article Edpnet is entitled to charge the extra working time as described in article When a Customer has ordered a Worry-Free Installation for DSL, and during the Provisioning process it appears that a Telecom Installation is required, the Customer will not be charged extra for the Telecom Installation. For this Telecom Installation the provisions under section 5 of the present Installation Conditions apply. 13

14 In case the Customer cancels the Worry-Free Installation for DSL after the required Telecom Installation has been performed, edpnet is entitled to charge the usual costs for a Telecom Installation. The applicable standard fee for a Telecom Installation can be found on No promotions will be taken into account. 8.7 If the need of an SNA is being detected during the Provisioning process, edpnet will notify the Customer hereof. For this SNA, the provisions under section 10 of the present Installation Conditions apply. 8.8 After finishing the Worry-Free Installation for DSL, the edpnet technician will ask the Customer to sign an Intervention Form. If the Customer does not make any comments at that time on the operation of the Hardware, he acknowledges having received the Hardware in good condition, without visible damage or defects. Unless remarks on the operation of the Service are mentioned on the Intervention Form, the installation will be considered successful. From the signing of the Intervention Form, all risks of loss, theft or damage to the Hardware are transferred to the Customer. 9. Worry-Free Installation for Fiber 9.1 A Worry-Free Installation for Fiber involves that, after the Activation of the Service, an edpnet technician will connect the Gigabit Ethernet port of the via edpnet obtained Router to the Gigabit Ethernet port of the Fiber NT via an UTP cable. After that the Router is configured for operation on the Proximus FttH Network, the edpnet technician will test the connection. In a situation as described in article and where the Fiber NT was installed by Proximus in the technical room of the MDU, and the Customer has not connected the Fiber NT to his LU through structured UTP CAT 6 (or higher) cabling, in accordance with article 13.5 the edpnet technician will connect the Router to the Fiber NT in the technical room. If the Customer refuses to have the edpnet technician connect the Router to the Fiber NT in the technical room, the edpnet technician will leave. Article 9.4 applies in this case. The edpnet technician will not connect nor configure any non-via-edpnet-obtained Hardware nor the internal network of the Customer. 9.2 In the event that the scheduled Worry-Free Installation for Fiber cannot be met by the Customer or the Contact Person, for whatever reason, edpnet should be informed of this immediately in writing If not later than two (2) working days before the scheduled Worry-Free Installation for Fiber the Customer requests edpnet to change the scheduled Appointment Time to another Appointment Time than the one previously notified by edpnet, for any reason, edpnet is entitled to charge the Customer a Change Date fee equal to 8,26 excluding VAT ( 10,00 VAT included) If on the working day before the scheduled Worry-Free Installation for Fiber the Customer requests edpnet to change the scheduled Appointment Time to another Appointment Time than the one previously notified by edpnet, for any reason, edpnet will be entitled to charge the Customer a Change date fee of 20,66 excluding VAT ( 25,00 VAT included) If on the day of the scheduled Worry-Free Installation for Fiber the Customer requests edpnet to reschedule the Appointment Time to another Appointment Time, for any reason, edpnet will be entitled to charge the Customer the fee for the originally scheduled Worry-Free Installation for Fiber. Edpnet will communicate the new Appointment Time to the Customer. 14

15 In case no new Appointment Time can be scheduled for reasons attributable to the Customer, or in case the Customer wants to postpone the Worry-Free Installation for Fiber indefinitely, edpnet is entitled to start invoicing the FttH Service from the Activation date on. 9.3 In the event that the Customer cancels the order, for whatever reason, edpnet should be informed of this as described in article 9.2 of the General Terms If for reasons that cannot reasonably be attributed to edpnet the order is being cancelled by the Customer not later than two (2) working days before the scheduled Worry-Free Installation for Fiber, edpnet is entitled to charge the Customer a Cancellation Fee equal to 8,26 excluding VAT ( 10,00 VAT included) If for reasons that cannot reasonably be attributed to edpnet the order is being cancelled by the Customer later than two (2) working days before the scheduled Worry- Free Installation for Fiber, edpnet is entitled to treat this as an early termination of the contract during the fixed term and claim compensation for early termination under article 9.3 of the General Terms. 9.4 In the event that the technician cannot commence with or complete the Worry-Free Installation for Fiber because the Customer has not complied with one (1) or more obligation(s) as described in section 13 of the present Installation Conditions, the technician will leave. Edpnet is entitled to consider this as a Wrongful Intervention as described in section 12 of the present Installation Conditions. Edpnet will communicate the new Appointment Time to the Customer. In case no new Appointment Time can be scheduled for reasons attributable to the Customer, or in case the Customer wants to postpone the Worry-Free Installation for Fiber indefinitely, edpnet is entitled to start invoicing the FttH Service from the Activation date on. In case the Customer cancels the order after an installation has been aborted as a result of the Customer not being in compliance with one (1) or more obligation(s) as described in Section 13 of the present Installation Conditions, edpnet is entitled to consider this as an early termination of the contract during the fixed term and claim compensation for early termination under article 9.3 of the General Terms. 9.5 Edpnet foresees one (1) working hour for the Worry-Free Installation for Fiber by its technician. This working hour commences at the moment described in article Edpnet will be entitled to charge the extra working time as described in article After finishing the Worry-Free Installation for Fiber, the edpnet technician will ask the Customer to sign an Intervention Form. If the Customer does not make any comments at that time on the operation of the Hardware, he acknowledges having received the Hardware in good condition, without visible damage or defects. Unless remarks on the operation of the Service are mentioned on the Intervention Form, the installation will be considered successful. From the signing of the Intervention Form, all risks of loss, theft or damage to the Hardware are transferred to the Customer. 10. Small Network Adaptations 10.1 Small Network Adaptations (SNA) are performed during Provisioning activities in case no suitable introduction cable is available, or all copper pairs are in use for other services or the current free copper pairs are not usable or of insufficient quality to be able to activate the requested DSL service on. The construction or trenching of new distribution cabling, new street cabinets or new feeder cabling is outside the scope. Reference is made to the Proximus standard conditions for access section of the present Installation Conditions. 15

16 10.2 If the need for SNA is being detected, edpnet will notify the Customer hereof. Edpnet will provide the Customer with a quotation for the required SNA. Upon approval of the quotation, edpnet will send to the Customer an order confirmation for the SNA. Customer will be informed of the SNA Appointment Time. In case the quotation is not being approved by the Customer within five (5) working days, or in case the quotation is being rejected by the Customer, edpnet will cancel the order because being technically not able to provision the Service In the event that a communicated Appointment Time cannot be met by the Customer or the Contact Person, for whatever reason, edpnet should be informed of this immediately in writing If not later than two (2) working days before a scheduled Appointment Time the Customer requests edpnet to change the scheduled Appointment Time to another Appointment Time than the one previously notified by edpnet, for any reason, edpnet will be entitled to charge the Customer a Change Date Fee of 8,26 excluding VAT ( 10,00 VAT included) If on the working day before a scheduled Appointment Time the Customer requests edpnet to change the scheduled Appointment Time to another Appointment Time than the one previously notified by edpnet, for any reason, edpnet will be entitled to charge the Customer a Change Date Fee of 20,66 excluding VAT ( 25,00 VAT included) If on the day of the scheduled Appointment Time the Customer requests edpnet to reschedule the scheduled Appointment Time to another Appointment Time, for whatever reason, edpnet will treat this as a cancellation of the scheduled intervention and be entitled to charge the Customer a Cancellation Fee equal to 103,31 excluding VAT ( 125,00 VAT included). Edpnet will communicate the new Appointment Time to the Customer. In case no new Appointment Time can be scheduled for reasons attributable to the Customer, the order will be cancelled by edpnet because of technically not being able to provide the DSL Service. The Customer can claim no rights of this cancellation of the order by edpnet since he himself is at the basis of the cancellation In the event that the Customer cancels the order, for whatever reason, edpnet should be informed of this as described in article 9.2 of the General Terms If the order is being cancelled by the Customer not later than two (2) working days before the scheduled Appointment Time, edpnet will be entitled to charge the Customer a Cancellation Fee equal to 8,26 excluding VAT ( 10,00 VAT included) If the order is being cancelled by the Customer later than two (2) working days before the scheduled Appointment Time, edpnet will be entitled to charge the Customer a Cancellation Fee equal to 103,31 excluding VAT ( 125,00 VAT included) In case of an SNA pursuant to article 5.4, both the SNA and the Telecom Installation will be performed by Proximus, though not necessarily by the same Proximus technicians. Therefore two (2) different appointments at the Installation Address of the Customer may be required. The Customer will not be charged separately for the Telecom Installation. Article 10.3 applies to all required interventions in the context of an SNA In the event that the Customer has ordered a Worry-Free Installation for DSL, edpnet will contact the Customer after the SNA to fix a date for the further installation. 16