General Terms and Conditions
1. SCOPE
Eko Mobile s.r.l.,brescia (hereafter: Hop Mobile) is a high quality
national and international service provider in the mobile telecommunications
sector.
These General Terms and Conditions (hereafter: Conditions) govern the
relationship between Eko Mobile and the customer. They apply to all
services provided by Eko Mobile.
In any event, the valid and applicable Conditions are deemed to be accepted
when the Customer uses the service offered by Eko Mobile.
The binding version of Conditions, along with any applicable Special
Conditions, are published on the internet at www.hopmobile.net Eko Mobile
reserves the right to change the Conditions and other contractual provisions
at any time.
2. SERVICE DESCRIPTION
Eko Mobile shall make every effort to provide a high level of availability
for its mobile network. However, Eko Mobile is unable to guarantee continuous,
fault-free operation of its mobile network or certain transmission times
or capacities. Eko Mobile reserves the right to service its mobile network
at any time, which may result in temporary disruptions.
No representations or guarantees are made in respect of availability,
quality, operation or support for voice or data communication on third-party
networks or with third-party lines.
No guarantee may be given for an absolute protection of its network
against unauthorized access or interception. Eko Mobile shall assume
no liability for any such occurrence.
Eko Mobile may at any time adapt or interrupt its services. Eko Mobile
may engage at any time a third party to fulfil any of its obligations
under this contract.
3. CUSTOMER'S OBLIGATIONS
The customer is under the obligation to use the services provided in
accordance with the contract and the law. The Customer is in any event
responsible for the use of his connection, the use of passwords, in
particular also for dialing premium numbers with increased charges and
rates as well as for any use by third party. Furthermore the customer
is responsible for the end device used, in particular in respect of
its compliance with the law, its suitability for use and its compatibility
with the services and networks used. The customer shall immediately
inform Eko Mobile of any unauthorized use.
4. PRICES
The current and binding prices are published on the internet at www.hopmobile.net
and may be obtained at any time direct from Eko Mobile. Consequences
of fluctuation in exchange rates are always reserved. Prices are subject
to modifications at any time without prior notice. It is the customer's
responsibility to obtain any information before using the service.
5. SIM CARD AND ACCOUNT BALANCE
The SIM card contains an initial amount which is credited to the relevant
account or phone number. The account balance may be increased at any
time. In respect of the account balance, Eko Mobile's accounting system
is deemed to be correct. When the account balance is insufficient, the
SIM card may no longer be used. No refund is made as against any credit
on the account.
Eko Mobile has the right to cancel or change any phone number without
compensation, when same is required for operational or technical reasons
or as a result of regulations. Further details are included in the brochure
given at the time of purchase.
6. DEACTIVATION
If the SIM card is not used (i.e. no incoming or outgoing calls) during
a certain period of time, the card shall be deactivated without prior
notice. Any remaining credit as well as the phone number shall be lost
without compensation.
Important: The applicable period of time prior deactivation may vary
from a country to the other and/or from a product to the other. Please
obtain related information at the point of sales www.hopmobile.net
7. OBLIGATION TO REGISTER
In accordance with related regulations, Customer is obliged, at the
time of purchase of the SIM card, to identify himself by mean of a valid
and official document of identification. Purchase and use of a SIM Card
without due identification shall be considered as an abuse of the service.
Article 10 hereunder shall then be applicable.
8. DATA PROTECTION AND CONFIDENTIALITY
Eko Mobile undertakes to process Customer data with care and to comply
with the provisions of the prevailing regulations. Eko Mobile only collects,
stores and processes the data required for the provision, design and
development of the service, for handling and maintaining customer relations,
the operational reliability and infrastructure and for invoicing purposes.
In case that Eko Mobile provide services jointly with a third party,
in particular calls to networks of other service providers, or if the
customer receives services from third parties over the network of Eko
Mobile, Eko Mobile may exchange customer's data with such party insofar
as such information is necessary for the provision or execution of these
services.
9. NUMBER DISPLAY
In principle, the caller's number will be displayed to the called party.
Eko Mobile 's service allows to suppress same display. It shall however
be noted that in some cases, the display or its suppression may not
be ensured for technical reasons, particularly for calls from or to
a third-party network or for SMS.
10. TELEPHONE ABUSE
The customer is responsible for the content of information which he/she
transmits via, or let process by Eko Mobile. The customer is responsible
for using his/her mobile line in compliance with all legal and contractual
provisions. Eko Mobile 's service shall not be used for criminal activities
or offences. Reselling of services to third party by a customer shall
be considered as an abuse. Reselling by a customer is subject to the
written approval of Eko Mobile. Such approval may be refused without
giving any reason thereof.
In the event of justified indications of unlawful use of a mobile line,
or if such use is reported by a competent authority, Eko Mobile may
instruct Customer to use the mobile line in compliance with all legal
and contractual provisions, suspend the provision of service and/or
invalidate the SIM card without notice and compensation. Any credit
balance on the SIM card shall be lost.
11. EKO MOBILE LIABILITY
Eko Mobile's liability for grossly negligent or wilfully caused damages
is limited to an amount equivalent to the value of the service purchased
during the 12 last months, but limited to a maximum of €. 20'000.-
Eko Mobile shall not be liable for damage arising from simple negligence.
Eko Mobile shall under no circumstances be held liable for consequential
loss, loss of profit or loss of data.
Should the Customer use his/her mobile line to purchase goods or services
from a third party, Eko Mobile shall not be a part of such contract.
Eko Mobile accepts no liability whatsoever and makes no guarantee in
respect of the goods and services ordered or obtained via a mobile line,
even if Eko Mobile handles the collection of third-party claims against
the Customer.
The electromagnetic fields generated by a mobile phone may interfere
with the correct functioning of other equipment, such as hearing aids
or pacemakers. To prevent such interference, the manufacturers' safety
measures should be observed. The Customer is responsible for obtaining
information on prohibited and restricted use and for obeying such rules.
12. OTHER STIPULATIONS
The customer may transfer rights and obligations arising from this contract
to third parties only with the prior written approval of Eko Mobile.
Eko Mobile is entitled to transfer this contract to third parties without
the consent of the customer.
13. INTELLECTUAL PROPERTY RIGHTS
For the duration of the contractual relationship, Eko Mobile grants
the Customer a non-transferable and non-exclusive right to use the services
and products provided by Eko Mobile in accordance with these Conditions.
Eko Mobile or the licensor retains all the rights to the related intellectual
property rights.
14. CHOICE OF LAW AND JURISDICTION
This contractual relationship shall be subject to the application of
the Substantive Italy Law, excluding the Vienna Convention on Contracts
for the International Sale of Goods, dated April 11, 1980. The exclusive
place of jurisdiction for all disputes arising out of or in connection
with this agreement shall be Brescia, subject to mandatory places of
jurisdiction under federal law.
Brescia, december 2006