Terms of Use

I Terms of Use

These terms of use (the “Terms of Use”), effective beginning January 1, 2016 are applicable to every use of TelcoPlace.com (“TelcoPlace”) (via both your computer and mobile devices or any other software application), to all services offered by TelcoPlace and all agreements entered into by TelcoPlace for the use of TelcoPlace and services.

By visiting our website you agree to these Terms of Use. TelcoPlace encourages everyone using TelcoPlace or one of these services (a "User") to read these Terms of Use in advance. TelcoPlace may amend these Terms of Use occasionally. We advise you to read them regularly.

1. Protecting your privacy
Our Privacy Policy explains how we handle your personal information and how your privacy is protected when you use our Website.

2. Legal representation
TelcoPlace services are only accessible if they have received authorisation from the legal representative of the company for which a commitment is made. The user’s registration is also confirmation that the user is authorised to enter into transactions.

3. Unauthorised use of TelcoPlace
The contents of TelcoPlace may not be copied, reproduced and/or published with the exception of RSS feeds for personal use and/or news to a maximum number of 100 ads or 100 ad links. For instance, use in personal web blogs or personal websites is allowed. The User may not modify the content of TelcoPlace, other than as described in these Terms of Use.

The User is not permitted to collect personal data from Users whom have placed ads in TelcoPlace ("Advertisers") (including email addresses, and phone numbers) and/or approach Advertisers with the intent of offering personal products and/or services.

TelcoPlace holds the rights to the database with Advertisements. This means, among other things, that the user is not allowed to request a substantial part of the contents of the database for the purpose of retrieving and/or reusing ads, and/or insubstantial parts of the contents of the database with ads repeatedly and systematically retrieved and reused within the meaning of the Databases Act, unless for personal use and/or news and only in the confines of the exception for personal use stated above. Furthermore, the User is not allowed to place links to ads on another website unless prior written consent of TelcoPlace is obtained, or unless the above exception for personal use and/or news are met.

Unless TelcoPlace has granted permission (as in the case of API partners, for example), it is not permitted to place ads on TelcoPlace via a hardware-automated system, or in any other way than through the "Post Ad" button.

It is not allowed to place Advertisements commissioned by/or on behalf of third parties, unless TelcoPlace has therefore granted permission (in the case of API partners, for example).

4. Abuse of TelcoPlace and the consequences thereof
Email addresses are protected by TelcoPlace for your safety and for abuse prevention. Your response to an advertisement and any subsequent messages between buyer and advertiser will be sent through the servers of TelcoPlace.

To report illegal and infringing advertisements, offensive content and other problems, please use security@TelcoPlace.com; by doing so, we can work together to ensure the site remains as clean and safe as possible. Complaints regarding scams can also be reported via security@TelcoPlace.com.

In the event we receive indications and/or complaints from other users or for any other reason believe a particular user is not acting in accordance with the law and/or the Terms of Use and/or the Privacy Policy, we may, should we feel sufficient reason to do so, take additional measures for the security and protection of our users as listed below. TelcoPlace may also instigate these measures if you make unreasonable use of TelcoPlace, such as hampering other users through your use of TelcoPlace or your actions being disruptive to the proper functioning of TelcoPlace:

a) TelcoPlace may exclude the respective user from using the services of certain features of TelcoPlace or limit specific functionality for this User. Consider, as example, suspension of the account of the relevant user, deletion of reviews, a limit to the amount of posted advertisements or replies; and/or
b) TelcoPlace can remove one or more of the User’s display advertisements without any refund to the User of the User’s paid fee.

Examples of violations of the Terms of Use:
• Advertisements that offer forbidden or suspicious products and services
• Advertisements that infringe on the (intellectual property) rights of third parties
• Users whose actions lead to complaints from other users
• Users whose actions lead to reports to the police
• Users providing strong suspicions that they are acting in violation of our Terms of Use
• Advertisements which offer no concrete products or service 
• Advertisements placed in a wrong section
• Advertisements placed twice or repeatedly 
• Advertisements linking to a website 
• Advertisements that do not comply with the applicable payment terms 
• Ratings containing a commercial message relating to the author 
• Users approaching advertisers for their own products and/or services (spam) and/or a large number of messages send to advertisers via the TelcoPlace website within a too short period of time

In the context of the measures as listed above, TelcoPlace may process the personal data of those involved. Where applicable and within the limits of the law, TelcoPlace may provide parties such as the police with the personal data of those involved. The specific procedure involved is further described in our Privacy Policy.

5. We provide no guarantees
We can not guarantee that our service will always meet your expectations. Nor can we guarantee that TelcoPlace flawlessly functions and that a continuous and/or safe access to TelcoPlace or parts thereof may be obtained.

All information and figures listed on TelcoPlace are subject to change in event of typos and/or misspellings.

6. Limitation of Liability TelcoPlace
To the extent permitted by law, we exclude liability for any and all damage caused by a User through
1. use of the services of TelcoPlace
2. the secure or unsecure availability of TelcoPlace or parts thereof
3. inaccurate information published on TelcoPlace
4. purchase of services from third parties or the use of products purchased via TelcoPlace or
5. changes in the services provided by TelcoPlace or changes in or within TelcoPlace

If we are deemed liable for any reason whatsoever, our liability shall be limited to a) the total amount paid by the User to TelcoPlace during the six months prior to the act by which the liability is incurred, or b) € 150, whichever is higher.

7. Changes to the services and TelcoPlace
TelcoPlace make changes to TelcoPlace or parts thereof at any time. We may also modify or terminate our services at any time. We will strive to announce such an amendment or termination within a reasonable time before it is implemented.

8. Websites and third-party services
TelcoPlace contains references to third-party websites (e.g. by means of a hyperlink or banner). TelcoPlace has no control or influence over the content of these websites. These websites are subject to the (privacy) rules concerning TelcoPlace. If you have questions regarding the rules of third-party websites, we kindly refer you to their respective TelcoPlace. This also includes using the services of external service providers, such as third-party payment services. The use of these services shall then fall under the (privacy) rules of the respective service.

9. Complaints procedure
Complaints regarding services provided by TelcoPlace may be submitted via email to customerservices@TelcoPlace.com. Complaints must be submitted as soon as possible after a defect in the service has been identified, limited to a 2-month period in any event. Complaints filed must be clearly and fully described. We will strive to respond within 14 days of filing of the complaint. In the event this is not possible, we will indicate an expected period for response within 14 days after the filing of the complaint.

10. Other conditions
TelcoPlace B.V. ("TelcoPlace") is located at Schiehavenkade 28, 3014 EZ in Rotterdam. TelcoPlace’s telephone number is +31 85 3035 325, VAT number is NL8558.08.688.801 and is registered with the Chamber of Commerce under number NL 64736776.

TelcoPlace may change the Terms of Use or parts thereof at any time. TelcoPlace will strive to announce any such change within a reasonable period before change is realised. Changes will take effect within a reasonable period after they are announced, or after you have used TelcoPlace and/or the services offered by TelcoPlace after said change, whichever first occurs.

Should we not enforce any provision of the Terms of Use, that does not then mean that we waive the right to so at a later time or to enforce against another user. Agreements that differ from the provisions indicated in the Terms of Use are only valid if confirmed in writing by TelcoPlace. If one or more provisions specified in the Terms of Use is declared invalid by a competent court, the other provisions of the Terms of Use remain unaffected.

Notifications to TelcoPlace (other than for infringement or otherwise unlawful Advertisements) can be addressed to: TelcoPlace B.V., Schiehavenkade 28, 3024 EZ, Rotterdam, the Netherlands. Notices to Users will be sent to the specified e-mail address or by registered mail in case there is reason to do so and an address is available. Notices will be deemed to be received by registered mail 5 (five) business days after the date of shipment.

TelcoPlace is entitled to transfer its rights and obligations under the agreements relating to the services of TelcoPlace to one of its affiliate companies at all times. Users will be duly informed hereof.

These Terms of Use constitute the entire agreement between TelcoPlace B.V. and you and supersede all prior agreements. The agreements resulting from all the services of TelcoPlace and the Terms of Use are governed by Dutch law. In the event of a dispute arising from these agreements or the Terms of Use, the Rotterdam District Court will have sole jurisdiction.

II Rules for the placement of Advertisements

1. TelcoPlace is an advertisement platform
TelcoPlace is a platform where an advertiser may place advertisements which are viewable by a User.

TelcoPlace is not a party to the agreement created between an advertiser and a user. Advertisers and Users must resolve disputes between themselves.

2. General rules for placing an advertisement on TelcoPlace

2.1 Advertisements placed by an advertiser on TelcoPlace must meet the following general rules.

2.2 The preparation of an Advertisement: 
a. Only one specific product may be offered or requested in each Advertisement for products.

b. Each title and text of an advertisement must contain a description of the offered or requested product or of the service offered or requested.

c. Titles and advertisement copy may only be written in English.

d. It is not allowed to place or have placed multiple identical ads on TelcoPlace online simultaneously. It is not allowed to offer the same object or the same service in more than one advertisement at a time on TelcoPlace. It is not allowed to place multiple identical advertisements or multiple advertisements for the same object or the same service using more than one account.

e. If an advertisement is removed before the end of the initial advertisement period (or any extension of the Advertisement Period) from TelcoPlace, it is not permitted to place an identical advertisement or an advertisement for the same object or the same service within the remaining term of the original Advertisement Period unless there is a good reason (such as the accidental deletion of the advertisement or when the sale is unexpectedly continued).

f. Each advertisement must be placed in the appropriate category.

2.3 Advertising content which is not permitted:
a. The title and the text of the advertisement must not be misleading, inaccurate or incorrect. The title and the text of the product being offered for sale or service should be described precisely and clearly.

b. An advertisement may never be discriminatory, pornographic, profane or threatening and/or contain inflammatory content. The content may not contain political messages and third-party personal data or violate public order or moral standards.

c. It is not allowed to place an advertisement with the sole purpose of directly or indirectly promoting a business.

d. It is not allowed to include pictures when placing an advertisement that do not relate to the product offered or service offered.

e. Advertisements may not list websites or include links to websites.

f. It is not allowed to place advertisements for the sole purpose of generating clicks to a particular website.

2.4 Illegal or illegitimate products or services
It is forbidden to offer products that are illegal or unlawful or whose trade is prohibited. It is also forbidden to offer services when the enactment thereof is illegal or unlawful.
At all times, both advertiser and user are to be responsibly wary when offering and responding to products and services. Advertisers and Users are expected to personally know the laws and regulations relating to the relevant product or service. We recommend you seek further information or advice (such as TelcoPlace by the relevant supervisor) should there be any doubt. The list of suspicious or prohibited goods or services also includes related suggestions.

2.5 No infringement of intellectual property rights of third parties
a. It is not allowed to include a product in an advertisement that infringes upon intellectual property rights. This implies, among other things, that it is not permitted to offer a product that:

(i) infringes upon the copyright of another party, such as the copyright of software or music, or of a painting or photograph which was taken by another party, without the consent of the other party

(ii) infringes upon the trademark of another party, such as a garment bearing a logo of another party placed without permission or

(iii) infringing upon the design right of another party, such as a bag which is copied or reproduced without the consent of the other party

b. Only the brand name of the product used in the Advertisement may be used in the title and text of the product being offered or requested in the Advertisement.

c. Only the trade name of the company whose product or service originates may be used in the title or the text of the Advertisement. The mention of trade names not associated with products or services offered in the Advertisement are not allowed.

d. The product may only be compared with other products in the text of the Advertisement, not in the title. The comparison may not create confusion in any way about the original source of the product. Any comparison may not contain the brand name associated with any other similar product.
e. It is forbidden to include a disclaimer in the Advertisement regarding the authenticity of the product offered in the Advertisement. Advertisers must themselves be confident of the authenticity of their products and be certain they are allowed to be traded before offering them on TelcoPlace.

3. Placing an Advertisement
3.1. My TelcoPlace
An Advertiser places his Advertisement by clicking "place ad" on TelcoPlace. An Advertiser must first login before he can place an Advertisement. When creating a User account, it is not allowed to select an Advertiser name that contains a URL or part of a URL.

It is forbidden to disclose your login information to third parties. It is not allowed to use login information from third parties to place advertisements.

3.2. Formation Advertising Agreement between TelcoPlace and Advertiser
a. After the Advertiser has logged in, he can create an advertisement via the button 'Post Ad'. During the creation of the Advertisement, Advertisers can preview the Advertisement under the button 'View ad'. The Advertiser can alter the Advertisement in response to this example. After seeing the preview, the button 'Place Ad' can be clicked. By doing so, the advertising agreement (the "Advertising Agreement") between TelcoPlace and the Advertiser is established.
b. TelcoPlace stores all data from every Advertising Agreement for 14 days after removal of the Advertisement. Thereafter, the data of the Advertising Agreement is kept as described in our Privacy Policy. The Advertisers may retrieve this data within 14 days by sending an email to privacy@TelcoPlace.com and referencing the email address with which the advertisement is placed and quoting the advertisement number.

3.3. Period that an Advertisement remains on TelcoPlace
Advertisements without special regulations remain on TelcoPlace for at least 365 days, as long as the applicable (payment) conditions are met and the Advertiser does not remove the advertisement himself. For those websites to which special regulations apply, you will get to see the terms and conditions on our website before placing your advertisement.

If the product being offered in the advertisement is sold, the advertisement must be removed. The Advertising Agreement between you and TelcoPlace ends once the product offered in the advertisement is sold, and when TelcoPlace has fully complied with its obligations under the Advertising Agreement.
If the Advertiser has not paid in advance, the agreed portion of the sale shall be transferred to TelcoPlace within 30 days of the sale.

3.4. Stand out
During the creation of the Advertisement, the Advertiser the opportunity to make his Advertisement 'stand out', 'position', etc. The applicable rules are described in the corresponding web pages.

4. Bids are not binding
4.1. Unless these Terms of Use state differently, an offer for a product or service in an Advertisement is not binding. An Advertiser is not obliged to accept a (reasonable) bid. If such an offer is accepted by an Advertiser, the bidder is not obligated to make a purchase.

4.2. If the Advertisement is removed because the placement period has expired or for any other reason, the associated bids will be removed.

4.3. It is not allowed to place bids on Advertisements for the sole purpose of disrupting the bidding process.

5. Rules for price offers/payment methods in an Advertisement
5.1. An Advertiser may not require a User to use certain payment methods in an Advertisement.

5.2. The Advertiser must list the complete price in the advertisement price field.

6. Reporting illegal or infringing Advertisements to TelcoPlace

6.1. Reporting Advertisements conflicting with the Terms of Use
a. Holders of intellectual property rights or their representatives and statutory agencies can report conflicts via security@TelcoPlace.com. Advertisements that are otherwise in violation of the Terms of Use such as Advertisements in which illegal products are offered or Advertisements containing defamatory content can also be reported via security@TelcoPlace.com.

b. Misuse of the Sign In on the TelcoPlace-system is seen as an act in violation of the Terms of Use and may lead us to take action against the reporter concerned as described under Chapter I, Article 4.

6 .2. Alerts in case of intellectual property rights infringement
a. TelcoPlace’s "Report infringement" Program is intended to ensure that products offered in advertisements do not infringe upon any copyright, trademark or other intellectual property rights held by third parties.

b. Rights holders can report an Advertisement that violates their rights and request the removal of this Advertisement by emailing security@TelcoPlace.com.
c. The information reported in the email must assure TelcoPlace with certainty that the party reporting the Advertisement is the individual holding the rights or one who has been officially authorised by the copyright holder to act in his behalf. Additionally, the information provided should enable us to identify the Advertisement that is to be removed.

d. Once TelcoPlace has received a first complete and proper notice of infringement, subsequent reports can easily be e-mailed to TelcoPlace with reference to the original mail.

7. We provide no guarantees 
7.1. Advertisers and Users should perform sufficient research and investigation before they place an Advertisement in TelcoPlace. We do not provide control over the quality of the content of the Advertisement, the safety or legality of the advertised products or services, the accuracy of the listings, the ability of Advertisers to sell products or provide services and/or the competence of users to buy products or to purchase services. TelcoPlace provides no guarantee for this.

7.2. TelcoPlace can not provide you with the guarantee that the products or services offered by Advertisers on TelcoPlace shall meet your expectations.

8. Indemnification service Advertisements and TelcoPlace’s limitation of liability 
8.1. Each User indemnifies TelcoPlace of third parties claims in respect to damage suffered by:
(i) entering into an agreement based on an Advertisement
(ii) the use of products purchased through TelcoPlace and
(iii) the use of services offered by TelcoPlace and
(iv) the (alleged) infringement and/or otherwise unlawful nature of the content displayed in the Advertisement and/or the delivered product

8.2. The stipulations for the limitation of liability of TelcoPlace are contained in Chapter I, Article 6.

9. Changes
9.1. TelcoPlace or parts thereof can change the advertisement duration, renewal options, the layout of the groups and categories, the layout of TelcoPlace and search options at their sole discretion at any time. We will strive to announce any change within a reasonable time before any changes are implemented.

9.2. TelcoPlace can alter the prices of paid advertisements at any time. If a price increase occurs during the term of the Advertising Agreement that exceeds the CBS consumer price index figure, the Advertiser has the right to terminate the Advertising Agreement.

10. The Advertisement may be published elsewhere
10.1. TelcoPlace may use the Advertisement and its content for its own publicity purposes. This means, among other things, that an Advertisement or part thereof can be shown by us through other distribution channels, such as third party websites, in printed media or on television.

10.2. By placing an Advertisement, you are providing TelcoPlace with a hardware-based free, worldwide, irrevocable, sub-licensable and transferable license to use the Advertisement and/or (parts of) the content for marketing, promotion and/or advertising purposes, to reproduce and distribute publicly (and to allow third parties to use and reproduce) the Advertisement. You guarantee that you are properly authorised to provide this license.

10.3. For publicity purposes, we may grant third parties access to an Advertisement in order to make it possible for them to promote these and other Advertisements on third party websites, e-mail and through other channels. These promotions may include (parts of) the Advertisement.

10.4. The format of Advertisements may be changed so that Advertisements can be accessed from mobile devices or other third-party software applications.

10.5. TelcoPlace contains references to third party websites (e.g. by means of a hyperlink or banner). These references can also be placed within or next to an Advertisement. TelcoPlace has no control or influence over the content and policies of these websites. The (privacy) rules of these websites are valid for those websites.

11. Payments
11.1. The corresponding price will be displayed after choosing the category or stand out, if applicable.

11.2. The obligation of payment becomes effective from the moment the product or service is sold. Seller is obliged to inform TelcoPlace about the sale within 5 working days. If payment is not received or is not paid on time, TelcoPlace is entitled to remove the placed Advertisement and still invoice the amount owed. TelcoPlace is entitled to suspend or terminate your use of the Pay with a click service 
if collections or based on the Pay with a click service can not be carried out or revoked, regardless of the reason.

11.3. In the event of late payment, TelcoPlace is also entitled to charge statutory interest. Should the relevant Advertiser fail to pay the full amount owed after demands are made, TelcoPlace is entitled to engage a collection agency and block the services of TelcoPlace for that Advertiser. The judicial and extrajudicial costs necessary for collection will be borne by the Advertiser.

11.4. TelcoPlace can change (parts of) TelcoPlace and its services at any time. We may also terminate our services. We will strive to announce any such changes or termination of services within a reasonable time period before they are implemented.

11.5. Sales tax
TelcoPlace charges 21% Dutch sales tax which is payable on amounts charged for all TelcoPlace services, unless otherwise stated on TelcoPlace. An electronic invoice may be obtained by any User by indicating in his “My TelcoPlace” account that a monthly invoice by e-mail is required. Any User who elects to receive a monthly invoice by e-mail via his "My TelcoPlace” account, expressly agree to electronic invoicing.

11.6 Payment by means of a continuous SEPA authorisation. If you have provided TelcoPlace with a continuous (SEPA) authorisation for collecting sums owed by you to TelcoPlace, we will notify you by email at the latest one day in advance before we collect any amount from the specified bank account.

12. Rules for placing Advertisements for Hardware
12.1. The text, price, features and photo in the Advertisement should match the hardware offered. It is not allowed to include only the deposit for the hardware or a price per month (lease) in the price field in the Advertisement. It is not permitted to use a different picture than that of the offered hardware itself (for example, a photo from the hardware brand’s website or a photo from a catalogue).

12.2. Each Advertisement is to be placed in the correct (trade mark) column. It is not allowed to mention other brands and models in the Advertisement other than the make and model of the hardware offered in the Advertisement. It is also therefore that the Advertisement may not mention any or all of the other brands and models that the Advertiser (possibly) offers.

12.2.1. It is not allowed to place an Advertisement in the group Hardware in which no hardware will be offered for sale. It is not allowed, for example. To place an Advertisement "hardware required for sale" in the group Hardware. These should be placed in the "hardware required for sale" section in the group Hardware. It is also not permitted to place Advertisements for Hardware insurance and other hardware-related services in the category Hardware.

12.2.2. Advertisements may not provide advertising for or refer to other websites containing classified Advertisements for hardware.

13. Rules for placing a non-commercial Advertisement
13.1. Non-commercial items that may or may not offer commercial messages applicable to the target audience.

13.2. TelcoPlace is not responsible for the content of these ads in any possible way,

13.3. TelcoPlace is entitled to remove non-commercial Advertisements at all times if they violate the Terms of Use or if TelcoPlace sees fit for any other reasons.

13.4. The client places a non-commercial Advertisement with a description and any subsequent images.

13.5. The non-commercial Advertisements are first assessed by the webmaster before they are placed.

13.6. The non-commercial Advertisement has a duration of one month unless otherwise agreed.

13.7. The non-commercial Advertisements must be paid in advance. 

III Additional rules

1. Rules for posting reviews 
1.1. Posting a review and comment
A review is a written experience of a User with an Advertiser. A review is posted by all of the relevant Advertiser’s Advertisements. Every User can write his own review by the Advertiser's Advertisement.

If a User has written a review for an Advertisement, the Advertiser can respond by clicking the button "write a comment". The comment will appear directly below the review.

1.2. The rules for a review
A review:
a. must be filled in truthfully
b. must refer to the relevant Advertiser
c. must relate to a completed job/service
d. may not contain berating or abusive words and
e. should not contain any sensitive information (such as addresses, websites, etc.)
f. may not contain commercial messages

1.3. Reviews can also be negative. Negative reviews are not deleted unless the review is obviously wrongful and/or violates any of the above rules. In that case, TelcoPlace is entitled to remove the review. An Advertiser who believe that the removal is incorrect may appeal this to TelcoPlace Customer Service customerservice@TelcoPlace.com.