Conditions

General Terms and Conditions

Eurofiber NV General Terms & Conditions version BE February 2025

Website Terms of Use

These are the Websites Terms of Use (hereinafter: “Terms of Use”) of Eurofiber N.V. and other companies operating within the Eurofiber group (hereinafter jointly: “We” and/or “Us”). These Terms of Use apply to every use of any of our websites (hereinafter: “Website”). By using a Website, the user (hereinafter: “User”) is deemed to consent to the Terms of Use and to irrevocably accept these Terms of Use.

Exercise of due care

The User will act at all times as a responsible and careful internet user. The User will, among other things, refrain from any conduct or behaviour that causes or may cause nuisance or inconvenience to Us, the User or any third party or that may cause damage to a Website and ICT systems and items and goods belonging to Us, the User or any third party. The User will in particular not infringe any statutory rules and provisions (such as laid down inter alia in legislation and regulations, general terms and conditions and contracts or determined by court order) when using a Website.

Provision of information

Eurofiber is registered in different forms as a registered trademark. All the information on a Website, also including texts and visual material, has been compiled with great care and attention. It is possible that information may become outdated over the course of time, however. The possibility of errors in producing a Website also cannot be excluded. No rights may therefore be derived from the information on a Website. A Website may additionally contain hyperlinks to websites or pages of third parties. The inclusion of these links on a Website in no way implies any approval of the contents or pages of third parties to which links are provided.

Eurofiber’s liability

We are not liable for any direct or indirect loss or damage, of whatever nature, sustained by a User or any third party and arising from or in any way related to the use of a Website, caused for example through the provision of information by Us and the technology used, including the inability to access a Website. A Website cannot be guaranteed to be free of errors and to function without interruption. In relation to this liability regime, use of a Website is also understood to mean: any and all authorised or unauthorised, rightful or wrongful, or legal or unlawful use by the User or any third party. We accept no liability whatsoever for any and all direct or indirect loss or damage resulting from the use or non-use of a Website.

User’s liability

If the User fails to act in accordance with these Terms of Use, We reserve the right to bar the User from a Website. Other measures are also possible, including action to recover loss from the User.

Revisions

We additionally reserve the right to modify the Websites Terms of Use from time to time. The most recent version of the Websites Terms of Use can be viewed at any time via a Website.

Applicable law and competent court

The Websites Terms Of Use, the MyEurofiber Terms of Use and the Websites Privacy Policy and Cookie Policy as well as any and all use of a Website shall be governed by and construed exclusively in accordance with Belgian law. The competent court in Brussels has exclusive jurisdiction in this regard to hear any dispute relating to or arising from the use of a Website and the Websites Terms Of Use and the Websites Privacy Policy and Cookie Policy.

In the interest of protecting Users and preventing fraud, Eurofiber may process the contact details and personal data of Users, as set forth in Our Privacy Policy and Cookie Policy.

Acceptable Use Policy

This Acceptable Use Policy (the "AUP") governs the access to and use of any and all Platforms made available by Eurofiber NV/SA, by any person or entity, including but not limited to partners, customers and contractors (each a “User”). By accessing or using the Platforms, the User acknowledges and agrees to be bound by the terms of this AUP.

1. Definitions

1.1. For the purposes of this AUP, the following terms shall have the meanings set out below:

• “Agreement”: the principal agreement entered into between Eurofiber NV/SA and the User, including any applicable orders, Eurofiber’s General Terms and Conditions, service descriptions and service level agreements.
• “Eurofiber”: Eurofiber NV/SA, a company with registered office address at Belgicastraat 5, B-1930 Zaventem, registered under company number VAT BE 0435 204 851, and affiliated companies.
• “User”: any person or entity, including partners (resellers and agents), customers, contractors, and their respective employees, agents or representatives, that accesses or makes use of Eurofiber’s Platforms.
• “Platforms”: any tools, systems, databases, websites, and other infrastructure provided by Eurofiber, including but not limited to portals containing information regarding Eurofiber’s network, customer connections, and associated infrastructure/systems.
• “Confidential Information”: Any information obtained via the Platforms that is not publicly available or that is marked confidential or should reasonably be understood as such, including but not limited to proprietary business data, customer information, and technical details.
 

2. Scope and application of AUP

2.1 This AUP applies to any access or use of the Platforms by a User, whether directly or indirectly, including all activities carried out by the User’s employees, agents, or representatives.
2.2 By accessing or using the Platforms, the User agrees to be bound by and comply with all the provisions of this AUP.
2.3 The obligations and restrictions under this AUP are supplemental to any obligations imposed under the Agreement.
 

3. Prohibited activities

3.1. The User shall not, and shall ensure that its employees, agents, and representatives do not, engage in any of the following activities when accessing or using the Platforms:

a) Unauthorized data access and collection, such as scraping, crawling, or harvesting data from the Platforms, whether by automated (e.g. bots, scripts, or similar technology) or manual methods;
b) Misuse of access, including accessing, using, or attempting to access any data or information on the Platforms that is outside the scope of the User’s authorization or unrelated to the User’s legitimate business purposes set forth in clause 6.1 of this AUP or under the Agreement;
c) Interference with system integrity, system performance and high availability of the system: (i) introducing or attempting to introduce any viruses, malware, or other harmful code to the Platforms, and (ii) engaging in activities that disrupt or interfere with the operation,
security, or functionality of the Platforms;
d) Disclosure of Confidential Information: sharing, distributing, or otherwise disclosing any information obtained through the Platforms to unauthorized third parties without prior written consent from Eurofiber;
e) Any other unlawful or harmful activities, such as engaging in any activities that violate applicable laws, regulations, or third-party rights, or that could reasonably be deemed harmful to Eurofiber’s business operations or reputation.
 

4. API Usage Limitations
 

4.1 Rate limits. Each User is limited to a maximum of 166 API calls within any 5-minute period and 20.000 API calls per day.
4.2 Enforcement of limitations. Eurofiber reserves the right to monitor API usage and implement automated systems to enforce these limitations. Violations of these limits may result in one or more of the enforcement measures set forth in clause 5.2 below.

5. Monitoring and Enforcement

5.1. Monitoring. Eurofiber reserves the right to monitor the User’s activities on the Platforms to ensure compliance with this AUP, including through the review of access logs, usage data, and other system performance metrics.
5.2. Enforcement measures. In the event of a non-compliance with this AUP, Eurofiber may, at its sole discretion and without any prior notification, take one or more of the following actions in which case User expressly agrees that it shall not be entitled to claim any damages from Eurofiber:

• Temporarily or permanently suspend the User’s access to the Platforms;
• Terminate the Agreement in accordance with its terms; and/or
• Seek legal remedies, including injunctive relief and/or damages.

6. Permitted Use Cases

6.1. Legitimate business purposes. The Platforms may only be used for lawful and legitimate business purposes, including normal sales and pre-sales activities related to fiber connections and services for bona fide customers and/or prospects, and regular operations under the Agreement.
6.2. Proof of legitimate use. Upon Eurofiber’s request, the User must provide evidence demonstrating that its activities on the Platforms are for legitimate business purposes. Failure to provide such evidence may result in suspension or termination of access to these Platforms.

7. User Responsibilities

7.1. The User shall:

• Ensure that all employees, agents, and representatives are informed of and comply with the terms of this AUP;
• Immediately report any actual or suspected breaches of this AUP to Eurofiber; and
• Fully cooperate with Eurofiber in investigating any alleged or actual breaches.
 

8. Indemnification

8.1.The User agrees to indemnify and hold harmless Eurofiber, its affiliates, officers, directors, employees, and agents from any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from the User's breach of this AUP, the User’s unauthorized use of the Platforms, and any third-party claims related to the User's access to or use of the Platforms.

9. Limitation of liability

9.1. Eurofiber shall make reasonable efforts to ensure the proper functioning of its Platforms. However, except in cases of willful misconduct or where otherwise required by mandatory law, Eurofiber shall not be liable for any direct, indirect, material, or immaterial losses, damages, or claims arising from any User’s or any other end user’s breach of this AUP, any content of the Platforms, security risks and threats, availability and accessibility, third-party services and products. Additionally, Eurofiber shall not be liable for any damages sustained by any User or end user of the Platforms, whether an individual or a company, resulting from the unavailability, failure or delay in the use of the Platforms, nor for any lack of information or (in)accuracy of any information on the Platform.
9.2. Where Eurofiber is found liable under applicable law in relation to the Platforms made available by Eurofiber, its total liability shall in no event exceed €2.500. The above exclusions and limitations shall apply to the fullest extent permitted under applicable law.

10. Miscellaneous

10.1. Amendments. Eurofiber reserves the right to amend this AUP at any time. Any amendments will be effective upon posting on the Platforms or websites of Eurofiber (https://www.eurofiber.com/en-be/conditions) or upon notice to the User.
10.2. Governing law & Jurisdiction. This AUP shall be governed by and construed in accordance with the laws of Belgium. Any dispute arising out of or relating to this AUP shall be subject to the exclusive jurisdiction of the courts of Brussels, Belgium (Dutch-speaking chamber).
10.3. Severability. If any provision of this AUP is found to be invalid, illegal, or unenforceable by a court or competent jurisdiction, such provision shall be deemed modified to the extent necessary to the extent necessary to make it enforceable, or if modifications is not possible, severed from the AUP. The remaining provisions shall continue in full force and effect.
10.4. Acknowledgement. By signing the Agreement, and/or by accessing or using the Platforms, the Partner acknowledges that it has read, understood, and agrees to comply with this AUP.