Legal FAQs
Online essentials by Spotzer digital
You do not have to consent to the assignment. Your contract with Telenet allows for the assignment of your contract in its entirety to a third-party, without your consent. You may, however, terminate your contract if you object to the assignment. The termination will have to be in line with your termination rights and relevant notice period.
You will be legally bound to Online Essentials by Spotzer Digital after the assignment. The legal entity you will be contracted with is Spotzer Digital B.V.
You will be released from your obligations towards Telenet when your last payment to Telenet is due. Following that date, your obligations will remain the same except they will be towards Online Essentials by Spotzer Digital.
Telenet remains responsible for past breaches or liabilities until the assignment. Once migrated over to Online Essentials by Spotzer Digital, they become the responsible entity for any breach or liability issues.
The assignment changes strictly no terms of your current contract, until you accept new terms and conditions. Once you have signed up to Online Essentials by Spotzer Digital’s terms and conditions, these will take precedence over your current contractual terms. However, prices and service levels will remain the same until further notice, even under the new terms and conditions.
All rights (warranties, indemnities, SLAs) will continue to be honored and enforceable under the assignment.
If Online Essentials by Spotzer Digital underperforms, they will be the liable party and you may action a claim towards them.
Online Essentials by Spotzer Digital have already been working on your services on behalf of Telenet and data processing agreements are in place to protect your personal data. Your rights under the GDPR remain exactly the same and you can request further information on this at any time via Online Essentials by Spotzer Digital’s specific email address: privacy@spotzer.com
You can terminate your contract at any time, in line with the notice period in your current contract. Signing up to Online Essentials by Spotzer Digital’s terms and conditions still gives you the flexibility to terminate your contract under the same conditions as you had with Telenet.
VAT
Since the services are provided by Spotzer Digital B.V., a Dutch company outside Belgium, you don’t pay VAT. Instead, your company is responsible for reporting the VAT using the EU reverse charge in your own VAT declaration.
You have to pay the VAT because Spotzer will pay these towards the Belgian tax authorities on your behalf.
The new Belgian obligation for e-invoicing applies to Belgian VAT-liable companies or foreign companies with a Belgian VAT number and a fixed establishment in Belgium. Spotzer Digital B.V., the legal entity for Online Essentials, does not meet these criteria and therefore falls outside the scope of the new regulation. As a result, we will not be issuing invoices via the Belgian e-invoicing (PEPPOL) system.
Have any other questions related to legal topics? Feel free to reach out to our legal experts at legal@spotzer.com
