General Terms and Conditions of the 010012 Telecom GmbH
1. Scope of application
- 1.2. Deviating conditions imposed by the customer shall be of no effect even if not expressly repudiated by 010012.
- 1.3. 010012 has the right to modify the terms at any time using fair and equitable discretion taking the technical requirements and the market situation into account provided this is reasonable for the customer.
- 1.4. The prerequisite for the provision of services is that the customer is a subscriber of the Deutsche Telekom AG or another local exchange carrier or has a mobile telephone connection.
- 1.5. The resale of 010012 services by the customer or a third party without the express permission of 010012 is not allowed. If damages result from the resale of services without express permission, these must be recompensed in full and at our initial request by the customer or the third party to 010012.
2. Call by Call offer
- 2.1. 010012 offers to customers the mediation of telephone connections within the national or international landline networks and international mobile telephone networks provided a corresponding interconnection agreement exists between the Deutsche Telekom AG or 010012 with other national or international network providers.
- 2.2. The agreement exists for each individual phone connection (call) when the customer preselects the distribution system operator number "010012" and 010012 makes the connection. The contract ends immediately with the end of the call.
- 2.3. The charges for the Call by Call service are taken from the relevant pricelist valid at the time of the initiation of the telephone connection. The relevant current pricelist can be viewed at each of our branch offices and on the website at www.010012.com. The customer is responsible for all charges resulting from telephone calls placed from his telephone which he has made, allowed to be made or made possible in an accountable manner.
3. Information services
- 3.1. 010012 offers an information and forwarding/transfer service under respective, specially established assigned telephone numbers (e.g., Official Gazette of the Federal Network Agency) Germany-wide. 010012 offers the information service by dialing the relevant specially established assigned service telephone numbers on a case-by-case basis. The contract between 010012 and the customer exists when the customer selects the service telephone number (offer) and 010012 successfully completes the call (acceptance). The contractual relationship only applies for the duration of the call made by selecting and dialing the service number and including any forwarded call and ends when the call is completed.
- 3.2. A successful connection or forwarded call is only possible insofar as the local exchange carrier (e.g. Deutsche Telekom AG) through which the customer provides the subscriber connection, supports the through-connection of the connection to the 010012 service number.
- 3.3. 010012 offers the information and forwarding/transfer service within the landline network Germany-wide. The service allows information on national telephone connections. The contents of the information can, depending on the request of the customer, be in particular:
- Telephone numbers from telephone connections in the national landline network, ISDN connections and forwarded/transferred calls.
- Service/premium rate service and forwarding
- Telephone numbers of mobile telephone subscribers and forwarding/transfers
- Telephone numbers and locations of the public telephone call boxes which can be called
- Addresses of telephone connections/subscribers
- Co-users of the respective connections
- Types of connections
- Area codes
- Branches/occupations of telephone subscribers
- Telefax use of connections
- Network operator - Preselection
- 3.4. The information can only be given insofar as the information is available to 010012 and the respective telephone subscriber has requested an entry in the customer directory of the respective telecommunications provider. We assume no responsibility for the accuracy of this information. Claims for damages with regard to the information are therefore excluded.
- 3.5. The use of 010012 services for the public by providers of telecommunication services is not allowed without special contractual agreement with 010012.
- 3.6. On request, the caller can be forwarded to the telephone connections of the national landline network. 010012can offer to transfer the caller to the national mobile telephone network. The interconnection network operated for establishing the connection has an average availability of 99.5% over a time period of 365 days. Here the customer cannot use system-dependent, special performance characteristics of the telephone connection or ISDN connection (e.g., rate information, transmission of counting impulses, callback if engaged).
The success of the transfer is dependent on the availability of the destination subscriber. This success also requires that a corresponding interconnection agreement exists between the relevant local exchange carrier such as e.g., Deutsche Telekom AG.
For the transfer, the fees specified in subparagraph 3.7 will be charged.
- 3.7. The customer is obligated to pay the charges as listed in the current respective pricelist at the time of the initiation of contract, which is published in the Official Gazette of the Federal Network Agency or in another appropriate manner, or as announced to the customer at the beginning of the connection (or transfer) through a free-of-charge rate message. The customer here must pay for each use of his telephone connection which he has allowed or made possible in an accountable manner. The price includes the statutory VAT.
- For each successful selection of 010012, there is a one-time connection fee which is specified in the price list. Additionally there are connection charges in the amount of the price per minute for each minute or part thereof. For the transfer of calls, the price listed for forwarding applies.
4. Billing, terms of payment and default of payment
- 4.1. The connection charges are calculated according to the current 010012 rates which are published on the 010012website (www.010012.com) or the free-of-charge rate message announced at the beginning of the call and are billed through the telephone invoice of the customer's local exchange carrier, e.g., Deutsche Telekom AG. Details on the amount of the charges in terms of an automatic free-of-charge rate message at the beginning of the call take precedence over the pricelist in case of deviations. By continuing the connection, the customer agrees to the announced rate irrespective of the actual perception of the rate message by the customer.
- 4.2. The customer (telephone subscriber) is obligated to pay the connection and service charges. The customer is responsible for each use of his telephone which is subject to a charge insofar as he is responsible for this. This includes all connections which the customer has permitted a third party to make. Charges which are incurred by an unauthorised third party must be paid for by the customer as far as he is responsible for the unauthorised use. The customer must take the required and usual preventive measures against unauthorised and fraudulent use of his telephone connection by a third party in his area of responsibility.
- 4.3. A direct debit authorisation by the customer to the respective local exchange carrier also applies to the 010012outstanding charges for the above-mentioned services so that the local exchange carrier can also debit these charges insofar as he offers this service. In this case, the invoice amount is then debited by the local exchange carrier approx. 10 days following the receipt of the invoice. The repayment to the local exchange carrier discharges the obligation to 010012. If a direct debit is returned for reasons for which the customer is responsible, he must bear all incurred costs. In this case, the customer is obligated to pay a one-time processing fee of 15 Euros per returned direct debit. After unsuccessful attempts to collect the amount, billing will submit the required master and connection data to 010012 for the purpose of enforcing the collection of the charges from the customer and 010012 then initiates the default payment and collection proceedings.
- 4.4. For services which 010012 pays in advance (postpaid services), an invoice will be issued by the customer's local exchange carrier /mobile telephone provider or by 010012.
- 4.5. The customer is in default of payment without prejudice to the statutory automatic default according to § 286 Abs. 3 BGB [Par. 286, Section 3, German Civil Code], if he does not pay the invoice amount within 30 days of receipt of invoice. In the event of default, while reserving the right to enforce higher claims for compensation, we shall be entitled to demand default interest in the amount of 5 percentage points above base interest rate of the European Central Bank or another respective corresponding successive rate. 010012 reserves the right to enforce further claims arising due to delay in payments. (e.g., collection costs and default occurrance).
- 4.6. The customer can only raise objections to the invoice within the time period which is specified in his local exchange carrier's invoice and which is explicitly mentioned as referring to this exclusion. Objections can be raised either in writing and addressed to the address given on the invoice or over the telephone by calling the free 010012service number. The customer can only raise objections to debiting (consumption) of charges from his own user account within a period of four weeks. Failure to submit any objections within the stipulated period shall be taken as acceptance of the invoice.
- 4.7. Additionally, 010012 as well as the billing department of the local exchange carrier, are obligated, for data protection reasons, to delete the itemised call data after a term of 6 months following the sending the invoice which is why subsequent objections can no longer be considered. This also applies when the customer requests the premature deleting of itemised call data from the billing local exchange carrier. If the customer raises an objection to the amount of the itemised call charges in the invoice before the end of the time period, the itemised call data may be saved until the objections have been settled.
- 4.8. The customer receives a free invoice containing an itemisation of the call charges from his local exchange carrier if he requests this before the relevant invoicing period. In this case, the itemised call connections made using 010012are also included in this invoice. The customer can exercise his right to itemised call records only consistently with his local exchange carrier.
- 4.9. The customer may only transfer rights and obligations arising from this contractual relationship to third parties with the approval of 010012 and can only offset with legally effective or undisputed counterclaims and may only exercise a right of retention on the basis of such claims.
5. Performance defaults
- 5.1. 010012 is obligated to eliminate disruptions in network operations within its framework of technical and operational possibilities as quickly as possible.
- 5.2. 010012 is relieved from this obligation in cases of force majeure.
- 6.1. 010012 is liable for financial losses of the customer for up to an amount of no more than 12,500 Euros per user and per event that caused the damage/loss; for the entire group of customers, the liability is limited to 10,000,000.00 Euros per event that caused the damage/loss. If the amount which is to be paid to several customers based on the same event exceeds the upper limit, the damages will be reduced in proportion to the total number of all damage claims to the upper limit of liability. The limit of liability does not apply in cases where the damage was deliberately caused.
- 6.2. For other damages of the customer (e.g., property damages or financial losses which are not based on telecommunication services), 010012 is only liable for itself and its agents, contractors and other vicarious agents, irrespective of the legal grounds insofar as 010012 or its agents, contractors and other suppliers cause damage through gross negligence or with intent or culpably violate an obligation that is essential to the contract (cardinal obligation) in a manner that endangers the purpose of the contract. If the culpable breach of a cardinal obligation is not due to gross negligence or with intent (due to slight negligence), 010012's liability is restricted to such contractually typical damage that was reasonably foreseeable on conclusion of the contract.
- 6.3. The legal liability of 010012 for damages arising from death, injury or damage to health and liability according to obligatory legal requirements, in particular the German product liability law, remain unaffected by this.
- 6.4. 010012 is not liable for any customer losses due to circumstances of force majeure as well as for damages for which the customer is responsible due to a breach of the General Terms and Conditions, in particular his obligation to cooperate and provide information (Subpar. 10).
- 6.5. Insofar as the liability of 010012 is excluded or limited, this shall also apply to the personal liability of 010012's employees, workers, organs, legal representatives and vicarious agents.
7. Data protection
- 7.1. A legal base for dealing with the process of handling the customer's personal data is, among others, the Bundesdatenschutzgesetz (BDSG) [Federal Data Protection Act] and the Telekommunikationsgesetz (TKG) [Telecommunications Act]. Personal data is only collected, processed or used insofar as the person involved has given his permission or the BDSG, TKG etc. or another regulation has allowed or ordered it.
- 7.2. Data processing is hereafter in particular permitted insofar as this is required for establishment and preparation of the contractual relationship (master data), for provision of the telecommunications services (itemised call data), as well as its billing (billing data).
- 7.3. Die Verkehrsdaten des Kunden im Rahmen des Vertragsverhältnisses werden für die Dauer von 6 Monaten ab Rechnungsversendung vollständig gespeichert, sofern nicht der Kunde die um drei Ziffern gekürzte Speicherung innerhalb dieses Zeitraums oder die sofortige Löschung mit Rechnungsversand schriftlich gegenüber seinem Teilnehmernetzbetreiber oder der 010012 beantragt hat.
- 7.4. Insofar as the customer has requested an itemised call record from his local exchange carrier's billing department, the individual call connections made using 010012 access numbers will also be included.
- 7.5. 010012 ensures telecommunications secrecy according to the legal requirements.
8. The customer's obligation to cooperate
- 8.1. The customer may only use the connections to 010012 for their intended purpose and according to the telecommunications laws and regulations in their current, valid versions and the General Terms and Conditions. The customer is obligated to not misuse the telecommunication services provided by 010012 for purposes which violate the statutory regulations or these General Terms and Conditions. The customer will inform 010012 of any change in his data which is required for the execution of this contract. This includes in particular any changes in the telephone connection and the telephone number as well as the name, address and bank information. If the customer omits such communication, he bears the costs for the determination of the data insofar as this is required for the execution of the contract.
- 8.2. The customer is obligated not to use equipment or carry out applications which could lead to changes in the physical or logical structure of the network provided by 010012. In particular, he must not use technical equipment which should lead to an automatic connection of the call to the 010012 services. The customer must not use the service in any manner which is detrimental to the provision of the service to other customers of 010012 or which affects the security of another telecommunication network. 010012 reserves the right to block the connection of the customer against the use of the 010012 services and to terminate the contract with the customer without notice insofar as a continuation of the contract is unreasonable to 010012 due to a breach of the obligations in this subparagraph. For every termination for this reason and for the associated blocking, 010012 will charge the customer a flat rate damage charge of 100 Euros. Any possible existing prepaid credit will first be charged. The customer is entitled to demonstrate to 010012 that he has incurred a smaller loss. On the other hand, 010012 can also demand indemnity for further damage if it can prove that it has incurred a higher damage than the flat rate. The compensation for damages will then be due when the breach of duty is caused by a third party and is charged to the customer.
The customer must take the required measures within his area of responsibility to prevent misuse during the use of the services and is thus alone responsible for any misuse.
- 8.3. The resale of 010012 services without the express permission of 010012 is not permitted.
9. Final provisions
- 9.1. The place of jurisdiction is Düsseldorf insofar as the customer has commercial status.
- 9.2. Between the customer and 010012, the law of the Federal Republic of Germany under exclusion of the UN sales law applies exclusively as would be the case between two contracting parties in Germany.
- 9.3. In the event of individual provisions of this contract being or becoming ineffective, this shall not affect the validity of the contract as a whole.
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