Legal and contractual information

1.4. Proximus undertakes to use all means at its disposal to ensure that its Customers have access to the Service. However, Proximus makes no warranties, whether express or implied, as to the Service's capacity to meet Customers’ expectations or needs, or as to the error-free or uninterrupted operation of the Service. The Service is only available in terrestrial areas and under no conditions shall Proximus provide any aerial coverage.

4.1 In order to ensure optimal conditions of use and to preserve the proper functioning of the network, the Customer agrees to use the Service in a normal and personal way. The following practices shall not be considered as normal or personal use (non-exhaustive list):

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• In the event of use of the Service for a connection without human intervention, for drones, for robots, for unmanned vehicles, or for a connection between machines;

3.1. Upon subscribing to the Service, the Client receives a SIM card with a PIN code and a PUK code (personal unlocking key). The SIM card can also be digital, directly integrated into the mobile device ("eSIM"). For eSIMs, the PIN code is disabled by default. The Client is free to activate the PIN code in the settings of their mobile device. This code is generic by default. The Client is free to modify it. The SIM card remains the property of Proximus, which can modify the programming of the SIM card at any time.

12.3 Proximus cannot be held responsible for damages resulting from the activation/deactivation by the Client of certain services/options, such as the deactivation of the PIN code. Proximus disclaims all responsibility for any damage resulting from the Client's choice to deactivate the PIN code or not to activate or personalize a PIN code for eSIMs. In case of loss, theft, misuse, or improper use of the SIM card, Proximus will not be held liable. Proximus will not refund credit used by others and will not bear the consequences of the use of services linked to the card.

The following clause will be added in a new Article 13.6:

“13.6 To the maximum extent permitted by applicable law, the extra-contractual liability of Proximus and the board-members and employees of Proximus for damages of any kind whatsoever is excluded. Proximus’ and Proximus’ board-members and employees’ extra-contractual liability for damages of any type is excluded.”

And former article 13.6 is replaced by the following clause:

“13.6 No limitation of liability shall apply in the event of personal injury or death attributable to Proximus or in any other case not authorized by law.”

“13.7 Nothing in these General Terms and Conditions shall operate to:

• exclude liability for wilful or gross misconduct;
• limit or exclude liability for physical injury or death or for any other liability that cannot be excluded or limited by law.”

Any complaint regarding potentially illegal content or abuse of Service should be addressed to the Proximus central contact point. Complaints can be submitted either by e-mail to abuse@proximus.com, or via the complaint form available on the Proximus website : proximus.com/illegal-contentOpens a new window .

Responses to complaints will be communicated by e-mail within a reasonable period of time.

When the Product or Service is an “intermediary service” in the sense of the Digital Services Act of 19 October 2022, and as part of the internal complaint handling procedure, Proximus reserves the right to take all appropriate actions to remedy the situation, including but not limited to the actions set out in article 5.6 of the General Terms and Conditions, formal notice to cease any abuse and referral of the matter to appropriate entities for further action.

Any complaint regarding potentially illegal content or abuse of Service should be addressed to the Proximus central contact point. Complaints can be submitted either by e-mail to abuse@proximus.com, or via the complaint form available on the Proximus website : proximus.com/illegal-contentOpens a new window .

As part of the internal complaints handling procedure, Proximus reserve the right to take appropriate action to remedy the situation. This may include, but is not limited to, formal notice to cease any abuse, temporary or permanent blocking of the service, or referral of the matter to appropriate entities for further action.

Responses to complaints will be communicated by e-mail within a reasonable period of time.

Who is eligible for legal compensation?

• Customers with a subscription to an internet or fixed telephony product for consumers, in the event of service interruption in the area where their installation address is located.
• Customers with a mobile subscription for consumers, in the event of an interruption in the area where their billing address is located.
• Consumer prepaid card users, in the event of an interruption in the area where their residence is located.

What type of outage is eligible for automatic compensation?

The interruption of fixed or mobile service must meet the following criteria:

• It must last more than 8 hours.
• It must be complete, meaning no signal can pass through (even partially).
• It must be due to an uninterrupted failure of the public electronic communications network that extends up to and including the network input socket in the home (and not to a problem with the modem, terminal equipment, internal cabling in the home, etc.);
• It must have a collective element, impacting several customers (for mobile service and for fixed services when the cause is not due to a hardware failure in the network).
• It must not be caused by or be the fault of the customer (e.g. suspension due to an unpaid bill, a change made by the customer, postponement of a repair appointment, etc.), nor be due to force majeure, a lack of network coverage, etc. (non-exhaustive list).

Is legal compensation automatically granted if the eligibility requirements are met?

Due to the difficulty of determining with certainty which customers have been affected by an outage and the need to verify the eligibility requirements, compensation may or may not be granted automatically, depending on the case:

• Fixed service interruptions caused by a hardware failure in the fixed network will be compensated automatically (e.g. cable break due to Proximus or one of its subcontractors) without the customer having to report the outage.
• Fixed service interruptions not caused by a hardware failure in the fixed network will be compensated automatically if the customer has reported the outage (e.g. software update problem), and provided that several customers are affected by the same outage.
• Mobile service interruptions (subscriptions) will be compensated automatically if the customer has reported the outage, and provided that several customers are affected by the same outage.
• Mobile service interruptions (prepaid cards) will be compensated only at the express request of the customer, who must provide their home address, and provided that several customers are affected by the same outage.

Customers will be able to notify outages and submit legal requests for compensation no later than 30 days following the day on which the breakdown ends using the means that Proximus will make available for this purpose.

How much is the compensation and in what form is it granted?

• 1 euro for the 16-hour period following the first 8 hours of interruption. For each subsequent 24-hour period, the compensation for the previous day is increased by 1 euro, plus 0.5 euro for each additional day of interruption; or
• in the case of a subscription, 1/30th of the monthly subscription fee, if this amount exceeds the value of the compensation mentioned in the first point.

The compensation will consist of a credit note or discount, at Proximus' discretion, or a top-up of the user's prepaid card. Proximus may also propose compensation in kind, which the customer may accept at their discretion.

When is no legal compensation due?

No legal compensation is due (non-exhaustive list):

• in the event of acceptance by the customer of a technical solution, even if this solution is temporary;
• if an appointment was rescheduled at the customer's request or through the customer's fault, for the period between the originally scheduled appointment and the new appointment;
• if the service interruption is not due to an incident (e.g. lack of network coverage);
• in the case of force majeure.

The current compensation scheme in Article 5.4 of the General Terms and Conditions for consumers and small businesses will be replaced by this new legal compensation scheme.

The account manager is the customer who has subscribed to several subscriptions and granted their use to users, such as family members. The account manager can view invoices and manage all his products, whereas the user can only see his own mobile phone, consumption and options, and cannot view invoices.

The account manager will be informed by email and/of SMS each time a transaction is carried out.

The account manager will receive an SMS when this measure becomes active, in October. The SMS will contain a direct link to the page allowing customers to manage user rights on MyProximus or the Proximus+ application. The account manager will be able to deactivate this functionality and restrict usage rights at any time in the Proximus+ application or on the MyProximus website.

This new measure is designed to simplify the ordering process, avoiding the need to seek prior approval from the account manager each time. It is limited to:

• Consumer customers (excluding professional customers and their users).
• Users aged 18 or over.

A new article 15 is added to the Specific Terms and Conditions for the mobile phone Service.

The way this AI works is the following:

Step 1: You contact Proximus through the communication mean of your choice
Step 2: You are put in contact with an AI, that identifies itself as being an AI, and that offers to assist you.
Step 3: The AI will attempt to identify the reason for call/message to assist you in the most efficient way.

Note that:

If the AI can correctly identify the reason for your call/message, and it is able to assist you without the intervention of an agent, then it will offer you the information it believes you need or the solution you might have requested.

If the AI can correctly identify the reason for your call/message, and it is not able to assist you without the intervention of an agent, then it will put you directly in contact with the right agent that will attempt to assist you with your request.

If the AI is not able to correctly identify the reason for your call/message, then it will put you directly in contact with an agent that will attempt to assist you with your request.

In any case:

You are always offered the possibility to be put in contact with an agent if you wish to.

Although the aim of the AI is a triage of the requests received by our customer service, to put you in contact with the right agent, some small decisions might be taken automatically (cancellation of an invoice for instance). However, such actions could require additional identification from you in order to prevent usurpation of your identity before taking any actions that could impact you.

The interaction with our AI is stored in our systems for documentation purposes for a maximum of 3 months after the closure of the conversation, to allow us to access the history of past conversations for more efficient management of requests when you have recurrent issues.

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