Provider:

The party that has one or more AanUit.net/Marktstroom/Walstroom-facilities served and settled by means of AanUit.net/Marktstroom/Walstroom

AanUit.net/Marktstroom/Walstroom:

A Service Provider service that makes it possible to enter into and pay for Transactions on AanUit.net/Marktstroom/Walstroom-facilities by means of the App, the Website or by telephone

Customer:

A person or entity using a AanUit.net/Marktstroom/Walstroom-voorziening or AanUit.net/Marktstroom/Walstroom-abonnement using a AanUit.net/Marktstroom/Walstroom-voorziening

General:

These general terms and conditions apply to all use of AanUit.net/Marktstroom/Walstroom

App:

An iOS and Android app made available by Service Provider for the use of AanUit.net/Marktstroom/Walstroom

AanUit.net/Marktstroom/Walstroom-abonnement:

A subscription to the service AanUit.net/Marktstroom/Walstroom by registering with the Service Provider

AanUit.net/Marktstroom/Walstroom-voorziening:

A numbered AanUit.net/Marktstroom/Walstroom-aansluiting (e.g. for electricity, drinking water, washing machine, dryer) or physical AanUit.net/Marktstroom/Walstroom-plaats (e.g. a mooring for a vessel or a pitch for a motorhome, caravan or tent) or other facility that is accessible and paid for by means of AanUit.net/Marktstroom/Walstroom

AanUit.net/Marktstroom/Walstroom-tarief:

The rate set by the Provider for the use of a AanUit.net/Marktstroom/Walstroom-voorziening per transaction, unit of time, kWh or litre including VAT, which rate may be adjusted by the Provider from time to time (see Article 5 paragraph 1 of these General Terms and Conditions)

Service provider:

The private limited liability company Ease2pay Services B.V., established in Rotterdam, which has been contracted by the Provider to make the AanUit.net/Marktstroom/Walstroom-facilities accessible and to pay for it

Location:

The location where the AanUit.net/Marktstroom/Walstroom-facilities are located

My surroundings:

A personal web page within the Website, which is only accessible to the Customer and on which the Customer can view, specify and change personal data

Agreement:

The agreement for the delivery or purchase of AanUit.net/Marktstroom/Walstroom, which agreement is concluded between the Customer and the Service Provider each time the Customer uses a AanUit.net/Marktstroom/Walstroom-voorziening

Privacy Statement

The privacy statement of Service Provider as stated on the Website that applies to the Agreement and any use of the AanUit.net/Marktstroom/Walstroom-voorziening

Service/breakdown service:

The Service Provider's helpdesk, intended for asking questions and reporting malfunctions to the AanUit.net/Marktstroom/Walstroom-voorzieningen. The helpdesk can be reached via contact form

Transaction:

A transaction or a delivery in relation to a AanUit.net/Marktstroom/Walstroom-voorziening by means of AanUit.net/Marktstroom/Walstroom

Transaction costs:

The cost of a Transaction based on the AanUit.net/Marktstroom/Walstroom-tarief

Website:

The website AanUit.net/Marktstroom/Walstroom of Service Provider containing information about the service AanUit.net/Marktstroom/Walstroom, on which one can register for a AanUit.net/Marktstroom/Walstroom-abonnement and which gives access to My Environment

2.1

The General Terms and Conditions apply to every Agreement and every use of the AanUit.net/Marktstroom/Walstroom Provision. Specific terms of use apply to the use of the App. Service Provider adheres to the legal rules regarding privacy and the protection of personal data. The provisions of the Privacy Statement apply mutatis mutandis.

2.2

The Client is always bound by the most recent version of the General Terms and Conditions. The most recent version of the General Terms and Conditions is always published on and can be downloaded from the Website and will, upon first request, be sent to the Customer by (electronic) mail free of charge. The applicability of any general terms and conditions of the Client is expressly rejected.

3.1

To use AanUit.net/Marktstroom/Walstroom, a potential Customer must register via the App or the Website by registering their name, address details, mobile telephone number, e-mail address, account number (if applicable) and choosing a password. The Client is responsible for the correct entry of the aforementioned data. After acceptance of the General Terms and Conditions, the registration is completed and the Client has a AanUit.net/Marktstroom/Walstroom-abonnement.

Starting a Transaction takes place by logging in to the My environment of the Website or on the App and activating the correct connection number of the AanUit.net/Marktstroom/Walstroom-voorziening there. After confirming the Transaction, it may still be necessary to start the relevant AanUit.net/Marktstroom/Walstroom-voorziening, such as a washing machine or a dryer, locally. The customer is responsible for initiating the correct Transaction, the correct AanUit.net/Marktstroom/Walstroom-voorziening or the correct duration or unit. Transactions entered or initiated are non-refundable.

The Client's login details for the AanUit.net/Marktstroom/Walstroom-voorziening are personal and non-transferable. The Client is responsible for the careful handling and use of the login details for the My Environment and with any other access or PIN codes, as well as for loss or use of this data by third parties.

If necessary, a Transaction can be started by telephone without a AanUit.net/Marktstroom/Walstroom-abonnement. The Customer must follow the telephone instructions and enter credit card details.

3.2

Being registered with AanUit.net/Marktstroom/Walstroom does not also imply the Provider's permission for the use of the AanUit.net/Marktstroom/Walstroom-facilities at the relevant Location. The Customer must have the permission of the Provider for the use of the AanUit.net/Marktstroom/Walstroom-voorzieningen. The Service Provider does not guarantee the availability of the AanUit.net/Marktstroom/Walstroom facility.

The Customer must comply with the (use) instructions, guidelines and conditions of the Provider and all nationally and locally applicable laws and regulations.

3.3

The termination of a Transaction takes place either automatically after the AanUit.net/Marktstroom/Walstroom-voorziening has completed a program, the available time has expired, no consumption has been observed for a period of time or by a termination by the Provider or the Customer. In the latter case, the Client must log in to the My environment of the Website or to the App and select and terminate the correct active Transaction there.

3.4

After registering for a AanUit.net/Marktstroom/Walstroom-voorziening, the Customer agrees to the immediate delivery of AanUit.net/Marktstroom/Walstroom and the associated services. The Client waives any right of withdrawal after the Transaction has been completed.

4.1

The AanUit.net/Marktstroom/Walstroom-tarief can include a starting rate, a rate per unit of time or kWh or litres consumed. In addition, a minimum or maximum fee may apply per Transaction. The AanUit.net/Marktstroom/Walstroom-tarief is stated in the App, in the My environment of the Website or at the Location. The Provider is free to periodically change the AanUit.net/Marktstroom/Walstroom-tarief for future Transactions after prior notice in the App, the My Area of the Website or at the Location. If the AanUit.net/Marktstroom/Walstroom-tarief is increased, the Client is entitled to terminate the Agreement as of the date that the amended AanUit.net/Marktstroom/Walstroom-tarief takes effect.

4.2

After the termination of a Transaction, the Transaction Costs are determined on the basis of the AanUit.net/Marktstroom/Walstroom-tarief and duration of the Transaction and/or the consumption during the Transaction. For determining the Transaction Costs, the data in the administration of Service Provider are decisive, unless the Client can demonstrate that these data are incorrect, substantiated with supporting documents. Costs for not terminating or starting a Transaction too late or starting a Transaction by third parties who have used the AanUit.net/Marktstroom/Walstroom-abonnement of the Client will be borne by the Client.

4.3

The rate for using the Service/Breakdown Service telephone numbers and the telephone numbers to initiate or terminate Transactions is local rate. These costs will be charged by the Customer's telephone company. For certain telephone subscriptions or for calls from abroad, the costs for calling a local number may be higher. For information about this, the Customer is referred to his telephone company.

4.4

The Service Provider may decide to charge a periodic fee per AanUit.net/Marktstroom/Walstroom-abonnement, per invoice or per message sent. Service Provider shall notify Client by email and via the Website at least two months prior to the introduction of such fee. In that case, the Client is entitled to terminate the Agreement within the said period of 2 months as of the date that the periodic fee commences.

5.1

Service Provider periodically charges all Transaction Costs to the Client by means of an itemized collective invoice. This invoice is made available to the Customer via the My environment of the Website or by e-mail. The Customer must check the invoice carefully and inform the Service Provider immediately but in any case within 14 days if any inaccuracies or complaints are found. After this, the Client is deemed to agree with the Transaction Costs and the invoice sent.

5.2

If the Client gives a power of attorney for direct debit when registering the AanUit.net/Marktstroom/Walstroom-abonnement, collection will take place from the account number specified by the Client. The Client must always ensure that there is sufficient balance or credit space in the account in question. Payment will be made within 14 days of the invoice date at the latest.

If the Customer chooses not to pay by direct debit, the Customer must pay the invoice within 14 days of the invoice date.

If timely or full payment is not made, the Client will be in default by operation of law and the Client will owe interest equal to the statutory interest pursuant to Article 6:119a of the Dutch Civil Code. All costs that have to be incurred in and/or out of court with regard to the collection of the amount owed by the Customer and not paid on time, are for the account of the Customer, with a minimum of EUR 250.00 per direct debit. Insofar as the Customer is a consumer, the Service Provider is entitled to an amount equal to the statutory maximum permitted compensation for extrajudicial collection costs, as stipulated in and calculated in accordance with the Extrajudicial Collection Costs Compensation Decree, insofar as the outstanding amount – after the default has occurred – is not paid after a reminder within fourteen days from the day after the day of the reminder.

The obligation to pay the invoice may not be suspended or set-off.

5.3

Service Provider is entitled to suspend and/or terminate the further use of AanUit.net/Marktstroom/Walstroom with immediate effect, without being liable for any damage or costs, in the event of:

1. the Client's failure to comply with the payment obligation or to do so on time;
2. the failure to comply with any other obligation under this Agreement has been given written notice of default by the Client and the Client to that effect;
3. improper use or abuse by the Client of the AanUit.net/Marktstroom/Walstroom facilities;

d. suspension of payment, declaration of bankruptcy or application of the Natural Persons Debt Restructuring Act or an application thereto in respect of the Client;

c. seizure of a significant part of the Client's (business) assets;

d. under guardianship or administration of the Client or other loss of service, power or capacity;

e.        termination of business of the Client if this concerns a business customer;

f.         death of the Customer.

Service Provider reserves the right at all times to cancel or refuse AanUit.net/Marktstroom/Walstroom or the AanUit.net/Marktstroom/Walstroom-facilities it provides to Customer with immediate effect.

6.1

The Provider and the Service Provider shall make reasonable efforts to ensure the regular operation of the AanUit.net/Marktstroom/Walstroom-facilities and to prevent malfunctions as much as possible. Service Provider does not guarantee trouble-free use of the AanUit.net/Marktstroom/Walstroom-voorziening. A Customer is requested to report malfunctions and damage to AanUit.net/Marktstroom/Walstroom-facilities immediately to the Provider and, in the event that the malfunction concerns the App or Website, to the Service/malfunction service.

6.2

Disruptions in the supply of electricity or water to the AanUit.net/Marktstroom/Walstroom-voorzieningen, failures to the AanUit.net/Marktstroom/Walstroom-facilities itself or the inability to operate the AanUit.net/Marktstroom/Walstroom-facilities due to communication failures at (mobile) telephone companies or internet providers are not at the expense and risk of Service Provider.

6.3

Service Provider is not liable for any damage or costs suffered by Customer or third parties as a result of the Transaction, the AanUit.net/Marktstroom/Walstroom-voorziening or in the event of non-compliance with any obligation under the Agreement, unless otherwise provided for in this article. Only in the event of intent or deliberate recklessness on the part of Service Provider or third parties engaged by it is the Service Provider liable for direct and material damage to be suffered by the Client with a limitation of EUR 250 per event. A coherent series of events counts as a single event. Liability for indirect damage, such as but not limited to loss of profit and turnover, as well as for immaterial damage is excluded. The total liability of Service Provider under the Agreement, the Transaction, AanUit.net/Marktstroom/Walstroom and/or the AanUit.net/Marktstroom/Walstroom-voorziening is at all times limited to EUR 500.

7.1

The Client is, subject to mandatory law limitations, liable for all direct damage caused by it (i.e. non-consequential damage) to the Provider, Service Provider and/or third parties engaged by the Provider or Service Provider, as a result of the Customer's use of the AanUit.net/Marktstroom/Walstroom-voorzieningen.

7.2

The Client indemnifies the Provider and Service Provider against claims, damages, and/or costs of third parties arising from situations as referred to in paragraph 1 of this article.

8.1

The invalidity of any provision of the General Terms and Conditions has no consequences for the other provisions.

8.2

If and insofar as any provision of the General Terms and Conditions must be considered unreasonably onerous under the given circumstances, unacceptable or invalid according to standards of reasonableness and fairness, a provision shall apply between Service Provider, Provider and Client that, taking all circumstances into account, is acceptable and comes closest to the purport of the provision deemed inapplicable in that case.

9.1

These General Terms and Conditions are exclusively governed by Dutch law, to the exclusion of the Vienna Sales Convention.

9.2

All disputes arising from an Agreement, the services of AanUit.net/Marktstroom/Walstroom and the General Terms and Conditions will be settled exclusively by the competent court in Rotterdam, or – if the Customer is a consumer – the court where the Customer has his home address.