These terms and conditions apply to the use of the miKUENTA made available by United Telecommunication Services N.V. and/or Setel N.V. (hereinafter: “Provider”). By using miKUENTA an agreement is concluded between you and Provider and you agree to these terms and conditions in addition to the Terms and Conditions miUTS.
1. miKUENTA is an online service provided to you by Provider which allows you to receive and verify your invoices as well as to check your usage details online (such as, but not limited to, not invoiced and invoiced usage information about calls, data and sms) for services provided by Provider which have been registered for miKUENTA.
2. To be able to use miKUENTA you will need a miUTS account. To activate miKUENTA, you must complete the activation process, as indicated by Provider. To activate your miKUENTA and/or to add various service accounts to your MiKUENTA, you will have to provide proper identification, as indicated by Provider.
3. Under your miKUENTA all agreements related to Provider’s post paid services and/or services for which monthly recurring fees are applicable and which services are registered in your name, can be registered. For the avoidance of doubt, usage and/or invoice details with regard to pre-paid usage will not be provided through miKUENTA.
4. In the event you make use of a Chippie Company number, which is (contractually) registered in the name of a third party (mostly your employer), you may activate such Chippie Company number under your miKUENTA in order to verify your usage details, but only after written approval of such third party which is to be submitted to Provider.
5. You hereby expressly provide your consent and agree to receive your invoices for Provider’s services, which are registered for miKUENTA, only digitally via miKUENTA. Provider may opt to cease providing you with a physical/hard copy version of such invoices at any time. As from the date the invoices are provided to you only digitally via miKUENTA, a (hard) copy of the invoices can be requested at the contact points indicated by UTS, if available and - if applicable - after payment of the relevant costs.
6. You hereby expressly acknowledge and agree that the (personal) information provided during the registration process for your miUTS account – including but not limited to your email address - will remain current, complete and accurate. In the event of any changes to such information, you shall inform Provider thereof in writing at least 30 days prior to the date on which such change shall go into effect. As a consequence of failing to provide such change notification timely you may not receive any notifications and/or alerts by Provider, e.g. notifications in which you are notified of publication of your invoices in miKUENTA, for which Provider shall not be liable.
7. For as long as both a physical/hard copy version as well as a digital version (via miKUENTA) of the invoices are provided to you by Provider, you hereby expressly acknowledge and agree that the invoices provided to you physically/in hard copy (via regular post) are the legally valid invoices for your services and prevail over the invoice(s) provided via miKUENTA in the event of any discrepancy and/or dispute, unless Provider informs you otherwise e.g. via its website and/or via miKUENTA and/or via any other means.
8. Your (un-invoiced) usage details provided via miKUENTA are preliminary and for information purposes only and might not be accurate, up-to-date and/or complete at all times. It is hereby expressly acknowledged and agreed by you that the usage details can be changed, complemented and/or corrected afterwards by Provider and also that (part of the) usage of a service during a certain invoicing period can be invoiced during another invoicing period.
9. Your invoices and usage details will be available online for a period of ten (10) months as of the date the information was published online by Provider, after which term the information will no longer be available via miKUENTA. It is your own responsibility to (timely) print and/or save and store your invoices. This information can be requested at the contact points indicated by UTS, if available and - if applicable - after payment of the relevant costs.
10. Notwithstanding section 9 above, after termination of all the services related to a certain service account, you will receive a final invoice via miKUENTA. This invoice will be available for a period of 30 days after the date of publication in miKUENTA. After this 30 days period the miKUENTA account will be deactivated and the information related to such service account shall no longer be available via miKUENTA.
11. You hereby expressly acknowledge and agree that use of (the services made available on) miKUENTA and the Internet is at your own risks and that (the services provided on) miKUENTA is provided ‘as is’ and ‘as available’ without any warranties or conditions whatsoever, expressed or implied. Provider will use commercially reasonable efforts to make access to (the services made available on) miKUENTA available to you, but makes no warranty or guarantee that the user will be able to access (the services made available on) miKUENTA at any particular time or any particular location.
12. Provider reserves the right to modify the terms and conditions at any time and to change or discontinue any aspect or feature of miKUENTA as it deems it necessary. Such changes shall be effective immediately upon posting of such addition, change or deletion. Any use by you after any such change has been posted shall constitute the acceptance of such changes.
13. Provider hereby disclaims all express and implied warranties as to the accuracy, completeness, noninfringement, merchantability or fitness for particular purpose of (the services made available on) miKUENTA generally, and any content or service contained therein, as well as all express and implied warranties that the operation of (the services made available on) miKUENTA generally and any content or services contained therein will be uninterrupted or error-free. Provider shall in no event be liable to you or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the service generally, and any aspect ancillary thereto.
14. You will indemnify, hold harmless, and defend Provider and its affiliates, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to(i) the use of (the services made available on) miKUENTA in any manner which violates the terms of this agreement or otherwise violates any law, rule, or regulation and(ii) any claims made by third parties arising from your use of (the services made available on) miKUENTA, including without limitation any and all third party claims arising from or related to any failure, delay or interruption to (the services made available on) miKUENTA.
14. The agreement shall be governed, construed and interpreted in all respects in accordance with the laws of Curaçao, and shall be subject to exclusive jurisdiction of the courts of Curaçao.