Terms & Conditions

Article 1: Definitions

Connection	Request of a SIM card by the Customer after registering on the Website.
Terms and Conditions	Current Terms and Conditions
Article	An article of these Terms and Conditions.
Deactivation	A deactivation of the SIM card by CITY LIVE according to Article 6 of this agreement.
Services	All the services concerning mobile telephony, mobile internet - and mobile data services offered by CITY LIVE, consisting of providing access to the network to the Customers via a SIM card based on reloadable prepaid call credit.
Reload Card	A card with a code with which the Customer can recharge the prepaid call credit of his SIM card.
Customer	The natural person or legal entity using the Services.
Network	The network for mobile telephony, mobile internet - and mobile data traffic, which CITY LIVE uses to offer its Services to the Customer.
SIM card	A rechargeable smartcard made available to the Customer by CITY LIVE; and to be inserted into a mobile phone in order to gain access to the Network and to use the Services based on rechargeable prepaid call credit. This SIM card is linked to a personal telephone number.
Agreement	Contractual relationship between CITY LIVE and the Customer relating to the provisioning of the Services, which is deemed to commence at the time of Connection.
Number Transfer	The transfer of his telephone number by the Customer to another operator.
Personal Information	Any information concerning an identified or identifiable natural person where an identifiable person is considered a person who directly or indirectly can be identified, especially by means of an identification number or to one or more factors specific to his or her physical, physiological, psychological, economic, cultural or social identity.
Prepaid call credit	The amount a customer pays CITY LIVE in order to access the network and to benefit from the Services with his SIM card using the prepaid call credit.
Website	www.mobilevikings.com

Article 2: Applicability

2.1	These Terms and Conditions apply to the Agreement between CITY LIVE and the Customer. The Customer acknowledges having taken note of these Terms and Conditions prior to the conclusion of the Agreement and accepts the application of these General Conditions to the Agreement. A copy of these Conditions may be consulted and downloaded on the Website at all times.
2.2	The Customer accepts that CITY LIVE reports changes to these Conditions to the Customer on the most appropriate manner and that those changes are accepted by the Customer with the purchase of prepaid call credit for his SIM card.

Article 3: Activation and Connection

3.1

The Customer will gain access to the Network in following manner:

(1)

Connection: The Customer will register on the Website en following the instructions there apply for a SIM card with CITY LIVE.

This SIM card will then be sent by regular mail to the Customer. A one-time administration and shipping cost may be invoiced to the Customer or deducted from his first recharge of prepaid call credit by CITY LIVE.

(2)

Activation: The customer will receive an activation code upon the reception of his SIM card. This code needs to be sent by SMS (number transfer) or entered on the Website (no number transfer). This leads to activation of the SIM card. After inserting the SIM card in a suitable mobile phone the SIM card will be ready for use.

3.2

CITY LIVE has the right to refuse to connect and/or activate a Customer for reasons that are its own. This is including the case when a customer is regarded as taxable under the VAT which apply to him - and whose legal headquarters is not located in Belgium and one customer who is considered as non-taxable under the VAT legislation applicable to him and his residence is located outside the European Union;

3.3

Given that the agreement is concluded remotely, the Customer has the right to communicate in writing to CITY LIVE that he renounces the contract without compensation and without giving any reason and within a period of 7 days from the day following the connection, unless the customer already proceeded to Activation within that period. The costs for the Customer for the Connection, will be reimbursed by CITY LIVE. If the Customer had already received a SIM card, these costs are only reimbursed provided that the Customer has first return the SIM card, unopened and in perfect condition, to CITY LIVE and within 7 days after receipt. The shipping costs for returning the SIM card are charged to the Customer.

Article 4: Telephone number

4.1	Each SIM card corresponds to a unique telephone number. This number is and remains property of CITY LIVE, except in the case of Number Transfer. The customer does not have the right to demand or keep a specific telephone number, except in the case of a Number Transfer. The Customer is not entitled to change his telephone number. The Customer looses the right to use his telephone number in case of Deactivation, except in the case of Number Transfer.

4.1

Each SIM card corresponds to a unique telephone number. This number is and remains property of CITY LIVE, except in the case of Number Transfer. The customer does not have the right to demand or keep a specific telephone number, except in the case of a Number Transfer. The Customer is not entitled to change his telephone number. The Customer looses the right to use his telephone number in case of Deactivation, except in the case of Number Transfer.

Article 5: Prepaid call credit

5.1

In order to benefit from the services offered by CITY LIVE, the Customer must charge his SIM card by purchasing prepaid call credit.

5.2

Prepaid call credit

5.2.1	Prepaid call credit can be purchased on the Website according to available formulas and rates. The Customer can consume the for the Customer available Services under the applicable rates using the prepaid call credit, as long as this credit is not used up, or become invalid, or has been lost due to Deactivation. The Customer can, regardless of the remaining value of the prepaid call credit, but unless Deactivation, continue to receive telephone calls.
5.2.2	The validity of prepaid call credit is limited to 6 months after purchase.
5.2.3	The Customer is in no case entitled to reimbursement of the unused prepaid call credit, even in case of Number Transfer, Deactivation or Invalidity as stated in Article 5.2.2.

Article 6: The Services, formulas and rates

6.1	The Services available to the Customer and the rates applicable of these Services for the Customer may vary depending on the formula of the prepaid call credit purchased by the Customer.
6.2	The formulas offered and the tariffs charged by are communicated by CITY LIVE on the Website.
6.3	CITY LIVE reserves the right to change, amend or abolish the formulas and rates of the prepaid call credit unilaterally. The Customer accepts this change or elimination through by recharging the SIM card with prepaid call credit according to the revised formula and / or rate.

Article 7: Deactivation and suspension of the Services

7.1	CITY LIVE has the right to deactivate, unilaterally and without entitlement to reimbursement, the SIM card when the Customer has does not use the Services during a consecutative period of 3 months. The Customer receives a SMS message of Deactivation. The remaining prepaid call credit corresponding to the SIM card is lost and the Customer will not be refunded for this.
7.2	CITY LIVE also has the right to unilaterally, without prior notice and without right to compensation for the Client, disable the SIM card or suspend the delivery of the Services in whole or in part, temporarily or permanently, in the following cases: In case of evidence or suspicion of fraud by the Customer, In case of evidence or suspicion of insolvency of the Customer, In case of non compliance by the Customer with these Terms and conditions of any other obligations to CITY LIVE, or in contravention of applicable regulations and / or laws; In case of an abnormal increase in the average use of the prepaid call credit by the Customer, as deemed reasonable by CITY LIVE, Under a court order or upon request of the judicial or police authorities; In case of loss or theft of the SIM card, as notified by the Client in any way, In case of failure on or in the Network, In the event that CITY LIVE is prevented from operating the network for whatever reason; If the customer uses a mobile phone that interferes with the network, of that has not been approved by ruling standards; When a customer is regarded as taxable under the VAT which apply to him - and whose legal headquarters is not located in Belgium and one customer who is considered as non-taxable under the VAT legislation applicable to him and his residence is located outside the European Union; In case of force majeure;
7.3	CITY LIVE is not obliged to proceed to Deactivation or Suspension of the Customer in any of the cases listed in Article 7.2.

7.1

CITY LIVE has the right to deactivate, unilaterally and without entitlement to reimbursement, the SIM card when the Customer has does not use the Services during a consecutative period of 3 months. The Customer receives a SMS message of Deactivation. The remaining prepaid call credit corresponding to the SIM card is lost and the Customer will not be refunded for this.

7.2

CITY LIVE also has the right to unilaterally, without prior notice and without right to compensation for the Client, disable the SIM card or suspend the delivery of the Services in whole or in part, temporarily or permanently, in the following cases:

In case of evidence or suspicion of fraud by the Customer,
In case of evidence or suspicion of insolvency of the Customer,
In case of non compliance by the Customer with these Terms and conditions of any other obligations to CITY LIVE, or in contravention of applicable regulations and / or laws;
In case of an abnormal increase in the average use of the prepaid call credit by the Customer, as deemed reasonable by CITY LIVE,
Under a court order or upon request of the judicial or police authorities;
In case of loss or theft of the SIM card, as notified by the Client in any way,
In case of failure on or in the Network,
In the event that CITY LIVE is prevented from operating the network for whatever reason;
If the customer uses a mobile phone that interferes with the network, of that has not been approved by ruling standards;
When a customer is regarded as taxable under the VAT which apply to him - and whose legal headquarters is not located in Belgium and one customer who is considered as non-taxable under the VAT legislation applicable to him and his residence is located outside the European Union;
In case of force majeure;

7.3

CITY LIVE is not obliged to proceed to Deactivation or Suspension of the Customer in any of the cases listed in Article 7.2.

Article 8: Liability of CITY LIVE

8.1	CITY LIVE commits itself to use all reasonable means to provide the Customer access to the Network and to deliver the Services as well as possible. CITY LIVE will use all reasonable means to prevent or limit damage suffered by the Customer.
8.2	The Customer acknowledges however, that, for the provisioning of the Services, CITY LIVE depends on the proper functioning of the Network, off which CITY LIVE is not the owner or the licensee. CITY LIVE is therefore not liable for damages resulting from the whole or part, consciously or unconsciously, failure, failures, quality defects and/or maintenance, improvement and / or extension work on the Network.
8.3	CITY LIVE is not liable for damage caused by:
	acts carried out by the Customer himself as including the inappropriate use or misuse of the Services the poor functioning of the mobile phone of the Customer or its accessories using a mobile phone that was not approved under the applicable standards using a cell phone in violation of instructions the unlawful use of a mobile phone by the Customer using a mobile phone without taking the necessary security measures (intrusion, viruses, ...) the abuse of the SIM card of the Customer to the extent that such abuse is encouraged by the Client, including due to (1) the voluntary or involuntary disclosure of the PIN to third, (2) leaving the default PIN code unchanged, (3) the use of a simple personal PIN-code (eg 1234, 1111 etc.), (4) theft or loss of the SIM card; errors or mistakes in the activation or recharge of the SIM card of factors not attributable to imputed fault or due to the intervention, whether or not false, of third; damage to or loss of data
8.4	CITY LIVE is not liable or responsible for (1) the contents of the calls, SMS messages or data traffic from the Customer, (2) services (or the billing for such services) provided by third parties to Customer delivered or accessed through Services (3) the information supplied by third parties or accessible through the Services (4) transactions that are completed by the Customer using the Services.
8.5	CITY LIVE is not liable for damages resulting from the temporary or permanent, total or partial suspension of the Services or resulting from the activation of the SIM card under the provisions of these Terms and Conditions.
8.6	CITY LIVE is only liable for foreseeable damage that is direcly caused by its breach. CITY LIVE is not liable for indirect or consequential damages including, but not limited to, additional costs, loss of income or profits, loss or corruption of data.
8.7	Subject to conflict with mandatory provisions, liability under this Article means any contractual or extra contractual liability, fault - or strict liability, with respect to any tangible, intangible, financial or moral damages.

Article 9: Rights, obligations and liabilities of the Customer

9.1	The Customer will use the Services as a normal, careful user, in accordance with the provisions of the Agreement, the applicable legal provisions and practices of public bodies and morals and will take all measures to prevent misuse or unauthorized use of the Services. Are already not considered normal use (non - exhaustive list):
	use with the intention of redirecting communications, directly or indirectly, or with a view to resale to thirds in any manner whatsoever of services without prior written consent of CITY LIVE; use in a manner that certain features of the Network can no longer be executed reliably or correctly. use in a way that the identification or localization of the caller in case of an emergency call is no longer possible, or that the Network is overloaded or that the proper functioning of the Network is disrupted; each use in a different manner than that is communicated to CITY LIVE at the initiation of the Service; use in a way that differs significantly from the averages of the various customers of the Services in the areas of frequency, distribution among the different types types of communication (ie. telephone, voice, data transmission, SMS, ...) or connection time; any other use that is contrary to the applicable Terms and Conditions
	CITY LIVE can provide proof of the prohibited used mentioned above using all resources, including data and statements from his own systems or those of other operators of telecommunications networks through which communication is conducted. The Customer and CITY LIVE consider such information and statements as true until proven otherwise.
9.2	CITY LIVE is and remains the owner of the SIM card. The Customer commits not to transfer, not to surrender, not to lease, not to destroy, let in any way be used by third parties and in any way damage this SIM card. The Customer shall take all necessary precautions to prevent misuse or unauthorized use of its SIM card. Any attempt to copy the technical identification of the SIM card and any fraudulent or illegal use of the SIM card is prohibited. The Customer commits not to subject the SIM card to any decompilation, analytical or retro technique, not to create derivative software and not to use the SIM card in any other manner than that provided in these Terms and Conditions. The Customer is liable for all damages caused to CITY LIVE or third parties arising from the use, regardless of by whom and no matter what mobile device, of the SIM card, even in case of theft or loss. In case of loss or theft of the SIM card, the Client remains liable for the use and payment until such time as the Customer warns CITY LIVE and asks for temporarily suspension of the SIM card. The Customer will receive a new SIM card and the Service is reactivated. The Customer is solely responsible for the correct insertion of the SIM card into his mobile phone. If the SIM card is blocked or damaged as a result of a wrong act by the Customer, a new SIM card will be delivered to the Customer upon written request of the Customer. There will be a 5 (five) EUR replacement cost of the SIM card charged to the customer in addition to shipping costs. If the SIM card is defective due to a production error or a bad configuration of the SIM card, a replacement is delivered to the Customer for free, with the same number of units and the same expiration date as the defective card.
9.3	In order to prevent abuses, the Customer is obliged to change his personal PIN code once he has received the SIM card. The Customer is responsible for the strict confidentiality of this code.
9.4	Except in the case of a transfer of the agreement, the Customer is and remains solely responsible for the fulfillment of his obligations under the Agreement.
9.5	The Customer may only use the CITY LIVE services via a mobile phone that meets the applicable standards and that is in perfect condition. Customer adheres strictly to the instructions of his mobile phone. He will have to provide the replacement when, for technical reasons, specific to the device, he can not access the network or when is not suitable to use certain CITY LIVE services. Both before and after the activation of the CITY LIVE service CITY LIVE may demand the Customer to offer his mobile phone for inspection. Using any other device, including simboxes or GSM gateways, is prohibited. The Client accepts that calls from or to unauthorized devices automatically and without any prior warning can be blocked and that such use entitles CITY LIVE to suspend or terminate the Agreement. The Customer acknowledges to be aware of the risks associated with the use of mobile phones, especially when driving a vehicle, while refueling or near fuels and explosives, and interference that the use can cause on medical equipment and in aircraft.
9.6	The Customer is liable for and shall safeguard CITY LIVE from any damages that CITY LIVE would suffer, and all claims by third parties that would be addressed to CITY LIVE as a result of the careless, negligent, fraudulent, erroneous or illegally act of customer while using the Services provided by CITY LIVE.

Article 10: Transfer of Agreement

10.1	CITY LIVE may transfer its rights and / or obligations under this Agreement in whole or in part, to third without the consent of the Customer. The Customer may transfer the rights and obligations under this Agreement, only with express written approval of CITY LIVE.

Article 11: Transfer of the telephone number to another operator

11.1	The Customer that wishes to transfer his number to another operator, will have to turn to the latter. In the name of the Customer, the new operator will take the necessary steps at City Live in order to transfer the telephone number. Hereby only the telephone number can be transferred and not the services of CITY LIVE themselves. During the transfer of the telephone number, the Customer will be unreachable for some time on the relevant number. CITY LIVE is not liable for any damages resulting therefrom.
11.2	CITY LIVE reserves the right to refuse the transfer:
	if the operator to whom the Customer wishes to transfer his number failes to comply to the concerning legal proceedings; in case of proven or suspected fraud by the Customer or third. CITY LIVE will take all reasonable measures to ensure a smooth number transfer.
11.3	For technical reasons or due to intervention of other parties involved in the transfer, it may be that the option of number portability is not available or that errors occur in the transfer. In no event shall CITY LIVE be held liable for damages resulting from the incorrect transfer of one or more numbers, the non-availability of the possibility of number portability, or the errors that occur in the transfer of the number.

Article 12: Personal information

12.1	By providing CITY LIVE his personal information, the Customer grants CITY LIVE explicit permissino to proceed to processing tas described below, for the purposes as described below.
12.2	The personal information provided to CITY LIVE, and the information relating to calls and phone numbers, are included in the databases of CITY LIVE located at its head office at 3500 Hasselt, Kempische Steenweg 293/12.
12.3	These data are processed there, by CITY LIVE, or by thirds acting on its behalf and checked by it, in view of providing the Services according to the Agreement, in view of customer management and providing information to customers, in order to prevent fraud and to prevent violations and in view of direct marketing by CITY LIVE or its commercial partners.
12.4	CITY LIVE has the right to commercialize Personal Information and in that respect share them with its commercial partners.
12.5	CITY LIVE also has the right to preserve the personal information of those Customers whole SIM card has been deactivated, for a period of 12 months in order to keep these Customers informed of its Services.
12.6	As part of its legal obligation to assist emergency services and judicial authorities, CITY LIVE reserves the right to communicate certain personal information to the government or a thereto qualified individual.
12.7	The Customer proving his identity has the right, through a dated and signed request, free of charge and within 45 days of receipt of the request, to receive the following information:
	information about the nature of the Personal Information that is in possession of CITY LIVE, the purposes of processing, the categories of data concerning this processing and categories of recipients to whom the data are disclosed; communication in an intelligible form of the Personal Information that is being processed itself, and all available information on the origin of such data;
12.8	In addition, the Customer proving his identity en submitting a signed and dated request to CITY LIVE, has, free of charge:
	the right to access and correct any personal data concerning him the right to resist processing - free of charge - in light of direct marketing of all Personal Information concerning him. the right to removal or banning the use of all personal information concerning him that are, to the purpose of processing, incomplete or irrelevant, or which registration, disclosure, and retention are prohibited, or which authorized preservation period have expired.
	Within one month from the date of submission of the request, CITY LIVE will inform the Customer of corrections or deletions of information to the Customer himself, and to the persons to whom the inaccurate, incomplete or irrelevant information is communicated, where it has knowledge of the recipients of the communication and where notification of the recipients is not impossible or at disproportionate effort. If the person opposes the processing or the intended processing of personal data concerning him, CITY LIVE shall inform the person within the same period of their response to the claim.
12.10	The Client proving his identity, is ultimately entitled to contact the Commission for the protection of privacy or the President of Court of First Instance of his domicile for free.

Article 13: Questions, complaints and disputes.

13.1	The Customer may address CITY LIVE with written questions and complaints concerning the Services through a letter addressed to her head at 3500 Hasselt, Kempische Steenweg 293/12 or through her Website. In addition, CITY LIVE can also be reached by telephone at the number 078 353 033.
13.2	CITY LIVE is committed to resolve issues on which it is informed and which it can resolve, as soon as possible. If the Customer is not satisfied with the answer or solution offered by CITY LIVE, or when the customer is the victim of malicious calls, he can appeal to the Ombudsman for Telecommunications: Barricadenplein 1, 1000 Brussel, klachten@ombudsmantelecom.be
13.3	Any dispute concerning the Agreement, implementation or interpretation thereof, which can not be settled via CITY LIVE of the Ombudsman, belongs to the exclusive jurisdiction of the courts of Hasselt as the place where the obligation was incurred, unless a special law imposes another jurisdiction.

The Belgian law is applicable to the Agreement.