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Where there is a continuous or regular significant difference between the actual speeds of the Internet access service and the speeds specified by the ISP in the contract.

1. If that is the case, then the ISP should basically take actions to reach the promised level. If these actions do not solve the problem, then you are entitled to other contractual remedial measures, such as compensation for the damage and/or the dissolution of the contract.
2. Secondly, if you do not achieve a satisfactory result with the operator, you can also contact the Office of the Ombudsman for Telecommunications, which will mediate free of charge in order to reach an amicable settlement of the dispute.
3. In a third instance (or immediately after a prior written notice of the operator), the court can issue a binding ruling on the non-compliance with the contract.

How to accurately measure the actual speed?

There are speed tests (either from third parties or from operators) to measure the ISPs’ actual speeds. Examples are: 

• http://www.bipt-speedtest.be/#/test/run
• https://www2.telenet.be/residential/nl/landingspaginas/speedtest
• https://www.proximus.be/nl/id_cr_speedtest/particulieren/r-orphans/test-en-optimaliseer-je-internetsnelheid.html
• https://www.orange.be/nl/opties-en-diensten/speedtest
• https://www.speedtest.net/nl
• https://www.test-aankoop.be/acties/internetspeed/test

You will find several others on the Internet. 

Once you have selected one, it is in your interest to obtain as accurate as possible evidence of the inadequate speed. 

The following conditions have a positive effect on the accuracy of the measurements:  

1. always use the same speed test (this avoids deviations caused by other speed tests); 
2. establish a fixed connection between the measuring device (laptop) and the modem (this avoids a speed that is too low due to the use of Wi-Fi restricted by walls or other electrical equipment);
3. make sure that other persons in the household do not use the Internet at the time of measurement (they also take up capacity that cannot then be used for the measurement and thus reduces the result of the measurement);
4. close all other programs (browser, gaming, music) on the measuring device (laptop) (even those programs use capacity which causes the measurement result to be too low);
5. measure your speed between 7 p.m. and 9 p.m. several times and for several days (to prove continuous or frequent inadequate speed);
6. take screenshots of all measurements and save them along with the date and time of each measurement.

Find out first what speed your operator promised you in your contract

Do not assume that you will get the speeds the operators advertise in their advertisements.

Fixed Internet service providers (ISPs) have to mention the minimum, maximum and generally available speeds in their contracts and on their websites as well. 

A BIPT Decision defines how these values have to be interpreted concretely, taking into account the set-up of networks in Belgium:

• “the minimum speed” shall be understood as the value of the speed the access provider will never drop below, unless there is an interruption of service;
• “generally available speed” shall be understood as the value of the speed that an end-user would expect to obtain for most of the time when accessing the service (i.e. for at least 95% of the time);
• "maximum speed" shall be understood as the value of the speed which the user may expect at certain times, in principle at least once per 24-hour period.