Terms and Conditions

Definitions

Terms that start with a capital letter in these Supplementary Conditions have the meanings assigned to them in the General Conditions of Delivery and in this Article 1.

API: Application Program Interface 

General Conditions of Delivery: The General Conditions of Delivery of Supplier (download KPN's general Terms and Conditions)

Developer.kpn.com: Marketplace run by the Supplier in order to provide KPN APIs and Third Party APIs, to be found on developer.kpn.com or any other website provided by the Supplier for that purpose.

KPN API: An API provided by the Supplier itself for services provided by the Supplier itself

Third Party API: An API provided by a party other than the Supplier for services provided by third parties

Service: The provision of an API and any other service using that API, including but not limited to content, software, data and support.

Specific API Terms: Terms and conditions that apply to a specific API, as determined by Supplier or a third party.

Supplementary conditions: The supplementary conditions for the use of developer.kpn.com.

User: The Customer and/or the person actually using the Service.

Scope and provision of the API and Services

1. In addition to the General Conditions of Delivery, these Supplementary Conditions apply to the access provided by the Supplier to Developer.kpn.com, the services provided by the Supplier through Developer.kpn.com, the use of those APIs and other services by the Customer or other user and all other agreements and offers regarding these APIs and services.

2. In Developer.kpn.com, (access to) KPN APIs as well as (access to) Third Party APIs can be purchased. Each purchase of an API by the Customer leads to an individual agreement with the Supplier and, in the case of a Third Party API, also with that third party. Specific API Terms from the Supplier or that third Party shall apply to the purchase of that API and the use of the services following that API, in addition to the General Conditions of Delivery and the Supplementary Conditions. By purchasing that API and/or using those services, the Customer accepts the Specific API Terms.

3. If there is a conflict between any of the General Conditions of Delivery, the Supplementary Conditions and/or the Specific API Terms, the Supplementary Conditions shall prevail over the General Conditions of Delivery and the Specific API Terms shall in its turn prevail over the Supplementary Conditions and the General Conditions of Delivery, unless it is explicitly agreed otherwise in the Supplementary Conditions or the General Conditions of Delivery.

4. If the Customer is not the End User of the Services, the Customer guarantees that the End User will follow all applicable terms and conditions.

5. An agreement on providing APIs or any other services is effected when the Supplier sends a confirmation that the Supplier has accepted a request by the Customer.

6. Developer.kpn.com, APIs and the Service are designed to be used by a professional Customer and User other than an end user or consumer, and the Customer shall not use these for any other purpose.

7. The Customer represents and warrants that all information it has provided to the Supplier is accurate, truthful and complete and that it will provide the Supplier with any updates to that information without undue delay.

Access to Developer.kpn.com and the services

1. The Customer is responsible for any use of Developer.kpn.com or any Service that is provided through Developer.kpn.com using the access codes provided to the Customer. The Supplier is not responsible for and cannot be held liable for any damage or loss sustained by the Customer or any third party, and the Customer indemnifies the Supplier and holds the Supplier harmless against any claims from third parties resulting
   from any unauthorized use of access codes or the loss of access codes.

2. The Customer shall inform the Supplier immediately of any suspected unauthorized use of the access codes or loss of the access codes.If the Supplier is informed of or suspects any unauthorized use of the access codes or if the Supplier suspects that the services are being used in violation of these Supplementary Conditions, the General Conditions of Delivery or any Specific API Terms applicable, the Supplier has the right to block access to the services, without being liable for any damage or loss. 

License to and use of Developer.kpn.com and the Services

1. Following agreement and payment of the applicable fees for the API, the Customer and its Users have the non-exclusive right, for the period as agreed, to use the API and the services provided through that API solely as permitted following and subject to the restrictions set out in the Specific API Terms or other agreement.

2. f the Customer or its Users violate any of the license terms, the Supplier may immediately terminate its rights and the Supplier may suspend the access to Developer.kpn.com. Access codes for access to the website, Developer.kpn.com or any service that are provided by the Supplier are strictly personal to the Customer and non-transferable. The Customer shall ensure strict confidentiality regarding these access
   codes and shall ensure due care for such access codes.

3. Prior to the use by the Customer or its Users of an API in a real production environment, the Supplier may give the Customer the right to use it in a sandbox environment as provided by the Supplier under the following conditions:

   1. The sandbox environment is for testing purposes only

   2. The Customer shall ensure that the dummy data through simulations is not presented as real data to any third party

   3. Only dummy data or own data of the Customer may be used in the sandbox environment.

4. For the use of a Third Party API, the Supplier shall have no more obligations to the Customer than the obligations that the third party providing that Third Party API has to Supplier.

5. In using an API or any service following that API, the Customer represents and warrants that it and its Users shall not infringe any third party rights, including any intellectual property rights, and that its or its Users use of that API shall not result in any unlawful act. If the Supplier suspects or is informed of any such infringement or unlawful act, the Supplier has the right to immediately suspend its provision of the services, or to block access to the API or Developer.kpn.com, without prior notice and without any liability to the Customer for any damage or loss.

6. The Customer represents and warrants that:

   1. Actions or omissions of the Customer or its Users will not result in a disruption of any service of the Supplier or an impediment for any other users of services of the Supplier

   2. Actions or omissions of the Customer or its Users will not result in any criminal or unlawful act

   3. The hardware and software it uses comply with the minimum requirements of the Supplier or third party

   4. Its equipment, software and telecoms and internet infrastructure are sufficiently protected against malware, criminal activities and any other unlawful or unauthorized use

   5. The Customer or its Users will not distribute malware using the Service and Developer.kpn.com;

   6. The Customer or its Users will not misuse access codes or (try to) breach any security measures of the Service, Developer.kpn.com or any security measure of a third party

   7. The Customer or its Users will not send bulk unsolicited messages

   8. The Customer or its Users will not use false identities, including (electronic) addresses, for sending messages

   9. The Customer or its Users will not publish or distribute any racist, discriminating or (child) pornographic material

   10. The Customer or its Users will not infringe any Intellectual Property Rights of the Supplier or a third party

   11. The Customer or its Users will not hack into a computer system willfully and without the consent of the owner

7. The number of API calls made by the Customer may be limited, as further described in Developer.kpn.com and/or Specific API Terms. The Supplier may further limit the number of API calls if technical or security reasons so demand.

8. The Customer shall ensure that it and its Users have fully available and fully functional equipment, an internet connection, software and any additional applications or APIs needed for the Services to function are available.

9. The Supplier is not responsible for the services provided through Third Party APIs or for the content of those services.

10. Certain aspects of the Services may contain open source software or other open source materials. These software and materials are governed by open source license conditions. The Customer shall comply with such open source license conditions, even when these open source license conditions are contrary to the conditions set out in the Agreement, the General Conditions of Delivery, these Supplementary Conditions or the
    Specific API Terms.

Maintenance, support and availability

1. The Supplier shall make commercially reasonable efforts to ensure that the Services function properly and maintain an adequate level of availability, quality and security. However, the Supplier does not guarantee any of these levels, unless such guarantee is explicitly provided in the Agreement.

2. The Supplier or a third party is entitled to change the technical characteristics of an API or Service to improve the functionality, to correct any errors or to comply with any applicable regulation. The Supplier shall make commercially reasonable efforts to detect and correct any errors in the Service, but the Supplier cannot guarantee
   that all errors will be corrected. If a change in the technical characteristics leads to a substantial change in functionality, the Supplier shall inform the Customer of such change.

3. The Supplier may suspend temporarily its provision of the Services for maintenance, adjustment or improvement of the Supplier’s infrastructure, equipment or software, without being liable for any damage or loss. As far as this is reasonably practicable, Supplier shall endeavor to announce such maintenance, adjustment or updates will be
   pre-announced on our website.

4. After an update or new release of an API, Supplier keeps the previous version available for a period of 3 months after the new release, unless provided otherwise.

(Personal) Data

1. The Customer and its Users themselves decide what data is processed using the Services. The Supplier has no knowledge of or influence over the data that is being processed and therefore bears no responsibility for that data and cannot be held liable for any damage or loss relating to that data. The Customer indemnifies and holds the Supplier harmless against claims by third parties regarding the processing of the data.

2. The Supplier is not responsible for verifying data that the Customer or its Users have provided to the Supplier.

3. The Parties shall comply with the Supplier’s privacy statement. The most recent version can be found on www.kpn.com.

4. The Supplier shall comply with all regulatory requirements for the provision of information pertaining to the Customer (including personal data) and legal interception. The Supplier shall provide personal data to third parties for commercial use only with the explicit consent of the Customer.

5. Personal data of the Customer will be stored by the Supplier only for as long as necessary for its performance of the agreed Services or to comply with regulatory requirements. After such period, the Supplier will delete that data, without notifying the Customer.

Fees and costs

1. The Customer shall pay all fees as agreed for the Services, Developer.kpn.com, (access to) APIs and Third Party APIs and the services provided through those (Third Party) APIs to the Supplier. In the case of a Third Party API, the Customer has no payment obligation to such third party, even when so provided in the Specific API Terms,
   unless this is explicitly agreed between the Supplier and the Customer, with specific reference to this clause.

2. Pricing and availability of a (Third Party) API and the services provided through that API may vary and may be changed by the Supplier.

Term and termination

1. The Supplier is entitled to terminate the Agreement, or any part of it, without giving any reasons, after giving seven days’ written notice. In the case of a Third Party API, the Supplier is entitled to terminate the Agreement regarding that Third Party API in accordance with the Specific API Terms of that Third Party API.

2. If the Customer or a User has not used Developer.kpn.com for more than 12 months, the Supplier may deactivate the account and/or terminate the Agreement.

3. Any termination of the Agreement will lead to:

   1. The Customer’s access codes being blocked

   2. The Customer’s access to Developer.kpn.com being blocked

   3. The Customer being required to remove within two business days any materials provided to the Customer by the Supplier or a third party and to delete any content the Customer possesses that is related to the API.