Legal and contractual information

The conditions will be updated to reflect this change:

1.2. 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):

[…]

• 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.

Scarlet is adapting the contractual document “Terms and Conditions of Use of an Internet access via the Proximus network” and its Specific Terms and Conditions for the TV service (for the VOD service) to the regulatory framework: the internal complaints procedure for notifying illegal content is specified, as are the potential measures that can be taken.

Any complaint regarding potentially illegal content or abuse of Service should be addressed to the 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, Scarlet reserves 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).
• 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 Scarlet 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 5 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 Scarlet’ discretion, or a top-up of the user's prepaid card. Scarlet 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.

With the new messaging service RCS, you can:

• share messages, images, photos, videos or your location on the map with a contact or a group.
• see if your contacts got your messages, or even when they type something.
• send and receive messages using Wi-Fi or mobile data.

RCS will be automatically activated on iPhones with the major upgrade iOS 18 available most likely in September 2024.

To enjoy the new service, you and your contacts should both:

• have compatible devices. Either an Android device with minimum Android 5.x and/or an Apple device with iOS 18.
• be customer of a mobile operator partnering with Apple for RCS, as Scarlet.
• connect via Wi-Fi or mobile data.

If these conditions are not all met, the message is sent as an SMS or MMS via the Scarlet network. As today. RCS doesn’t change anything if you are using iMessage. Your iMessage conversations will continue as before. Unlike an SMS, RCS is using Data. Via Mobile or Wi-Fi connections. The General Terms and Conditions of Scarlet are applicable to this new service. The article 1.1 of the Specific Terms and Conditions for the mobile phone Service will include a reference to RCS message. Not interested by this new service, you can deactivate it on your device via Settings > Apps > Messages > RCS Messaging.