Our general terms and conditions for the use of private customer plans

The contract language is German; this translation is explicitly non-binding.

Provided by:
easybell GmbH
Brückenstr. 5a
10179 Berlin
District Court Berlin-Charlottenburg HRB 137060

easybell offers Voice-over-IP ("VoIP") and broadband connections on the basis of these terms and conditions. The content of the contract between easybell and the customer is based exclusively on the content of the order, the price list, the respective product descriptions and these terms and conditions. In the event of contradictions in the individual documents, the documents apply in the aforementioned order.

easybell is entitled to make changes to these general terms and conditions. easybell will only make these changes for valid reasons, in particular due to new technical developments, changes in jurisdiction, changes in the law or other equivalent reasons. If the change leads to a disadvantage for the customer, easybell must inform the customer of the change at least six calendar weeks before it comes into effect. The customer can object to the change with a period of four calendar weeks after receipt of the notification, otherwise the change is considered approved. Easybell will point this out separately in the change notification.

easybell provides the customer with a DSL connection for broadband Internet use within the scope of the ordered connection services, subject to technical availability. easybell enables the customer to reach other telephone connections of public fixed and mobile networks.

easybell always switches the maximum bandwidth available on a DSL connection. With ADSL this is up to 16 Mbit/s download and with VDSL up to 250 Mbit/s. The actual achievable bandwidth depends on the router used and the performance parameters of the respective connection line. These result, among other things, from the distance (line length) from the customer's connection point to the associated distributor, the signal-to-noise ratio, interference signals, reflections and the wire cross-section of the respective local loop(subscriberline). If the customer is dependent on a specific bandwidth, he must inform easybell of this in writing before the contract is concluded. In this case, easybell will estimate the expected bandwidth and guarantee a minimum bandwidth. Otherwise, the customer agrees to the conclusion of the contract with the next lowest DSL bandwidth if the product cannot be realized with the desired bandwidth for technical reasons. The customer is granted a special right of termination 14 days to the end of each month if a download bandwidth of 1 Mbit/s (ADSL) or 20 Mbit/s (VDSL) is not achieved (router synchronization when using a router with current firmware recommended by easybell). easybell is to be granted a reasonable period of time to rectify the fault.

easybell complete connections are provided with a technical availability of 97% on an annual average. Maintenance, installation and conversion times, unavoidable interruptions due to changes requested by the customer are excluded from the availability.

For technical reasons, DSL dial-ins are disconnected once a day. Immediate (automatic) reconnection is possible. easybell grants the customer a non-transferable and non-exclusive right to use the services and products (in particular software) provided by easybell for the duration of the contractual relationship. All corresponding intellectual property rights remain the property of easybell or third parties as licensors.

After a DSL dial-in, a new IP address is usually assigned. easybell will assign the customer an IPv4 address and, depending on the pre-service provider, an IPv6 prefix. In the event of IPv4 address scarcity, easybell reserves the right to use carrier grade NAT if necessary.

easybell provides customers with a VoIP connection (with and without a broadband connection). The connection enables the customer to connect to the easybell SIP server via SIP using suitable Internet access. The SIP server has a minimum availability of 98% averaged over 365 days a year. The SIP server is considered available if the customer can establish a connection to the server. Maintenance, installation and conversion times are explicitly excluded from the calculation of SIP server availability. Transmission quality and availability may be restricted by the technical conditions of other telecommunications networks, the Internet connection used by the customer and his other hardware and software. These can possibly lead to restrictions that are beyond the control of easybell. Easybell is not responsible for these restrictions.

Premium services (0900, directory assistance services) and foreign destinations, which are frequently misused for telephone fraud, are not accessible via the easybell network. Blocked foreign destinations can be unblocked by signing a consent that releases easybell from liability for the costs of telephone fraud. After release from liability, the fraud protection guarantee no longer applies.

It is possible to send and receive faxes via the easybell network. For this purpose, easybell supports T.38, currently the most reliable protocol for transmitting faxes via the Internet. However, the use of this protocol requires that all communication components involved support T.38. If this is not the case, easybell transmits with codec G.711. In this case or if the transmission quality is insufficient, the transmission of pages may be interrupted or incomplete.

The customer has the option of retaining their telephone number from another provider. easybell does not charge the customer for incoming porting. Once the connection has been completed, the customer can request a telephone directory entry for each telephone number. The entry is free of charge.

The customer has the option of transferring their telephone number or telephone number block from easybell to another provider free of charge. The outgoing porting of number blocks costs €25 (plus VAT) per number block.

Rental devices always remain the property of easybell. The devices are shipped by a logistics company commissioned by easybell. If a new shipment is required for reasons for which the customer is responsible, the customer will be invoiced for the additional costs incurred, unless the customer can prove that the costs were not incurred at all or are significantly lower. If the customer cancels the order after the hardware has been shipped, the customer will be charged the costs for packaging, shipping and returns, unless the customer can prove that the costs were not incurred at all or are significantly lower.

The customer undertakes to check the goods for transport damage immediately upon receipt and to notify easybell immediately in writing of any defects.

The customer undertakes to treat the rented items carefully and competently, in accordance with the operating instructions and separate instructions for use, and to keep the devices away from harmful influences such as external electrical voltage, magnetic effects, dirt and moisture. The customer must not tamper with (open, etc.) or modify the technical equipment. The customer must provide sufficient space and environmental conditions for the installation and operation of the devices.

The device - including the supplied accessories - must be returned to easybell in the original packaging or equivalent replacement packaging in a break-proof manner. The return shipment must be made exclusively to the easybell logistics center.

If a device is not returned to easybell within two weeks after the end of the contract or as part of an exchange, easybell is entitled to charge the customer the current market value of the device. In the event of late return by the customer, easybell can charge the agreed monthly rent as compensation for the duration of the withholding.

By placing an order, the customer submits an offer to conclude a contract with easybell. A contract is concluded through the written acceptance of the order by easybell, at the latest, however, with the activation of the connection. For the written acceptance, the customer receives a declaration of acceptance known as an "order confirmation", which contains a confirmed activation date for the connection.

Permitted use of a VoIP or DSL product offered by easybell and a valid direct debit authorization by the customer can also constitute such a contract. In this case, the content of the legal transaction on which the activation is based applies.

The contract term is primarily determined by the service description. Unless otherwise specified there, the contract has no minimum term.
Unless otherwise agreed, contracts without a minimum contract term can be terminated with 14 days' notice to the end of the month. Contracts with a contract term of more than one month can be terminated monthly after the initial contract term and have a notice period of one month.

Terminations must be made in writing (e-mail, termination form, letter or fax).

The right to extraordinary termination remains unaffected. An extraordinary right of termination for good cause exists in particular if one party culpably violates its obligations from the contractual relationship and the other party cannot reasonably be expected to wait for the expiry of the notice period.
An important reason exists, among other things, if the customer registers with easybell under a false name or false identity, misuses the VoIP service or the telephone number assigned to him in the sense of Clause 4, remains in arrears with payments despite reminders and, if applicable, blocking, or if insolvency proceedings are opened against the customer's assets or the customer files an application for the opening of insolvency proceedings.

The customer provides easybell with all information required to process the provision of services.

easybell handles customer communication exclusively by e-mail. The customer undertakes to provide his own valid e-mail address upon registration, to check this regularly and to inform easybell immediately of any changes to his e-mail address.

The customer is obliged to provide their exact address ("home address") in order to ensure location recognition when dialing emergency numbers. If the customer dials an emergency number from a different location (so-called nomadism), location recognition is not guaranteed. The emergency call center must be informed of the location.

The customer undertakes to inform easybell immediately of any changes relevant to the contract. In particular, this includes a change of residence, a change of bank details or e-mail address.

The customer undertakes to support easybell appropriately so that services can be provided in accordance with the contract. In particular, the following obligations apply:

• The customer shall ensure that the cabling for which he is responsible, in particular the house cabling between the house distributor (APL) and the telephone socket (TAE) is functional.
• The customer or an authorized representative of legal age must grant the technician access to the installation-relevant premises and technical equipment during the installation or restoration of the subscriber connection, including any connection services. If the customer fails to keep an agreed technician appointment or the appointment for the connection services, the customer will be charged a flat rate of EUR 48.79 (incl. VAT) for the additional travel expenses incurred, unless the customer can prove that no damage at all or significantly less damage was incurred.
• The customer undertakes to report faults as soon as they become known. In the event of late notification, the customer may not reduce the invoice with the argument that a fault already existed before notification.
• The customer must cooperate appropriately within the scope of fault clearance by easybell customer service. In particular, the customer must create the conditions for necessary measurements (measurement with and without a connected router) and, if necessary, adjust configurations in accordance with the customer service's instructions.
• The customer undertakes not to use any devices or applications that could lead to changes in the hardware or software of the network provided by easybell.
• The customer must take suitable security measures against the unwanted and improper use of his easybell connection by third parties.
• The customer undertakes to keep access data (customer portal, VoIP service and broadband access) confidential and secure and not to disclose it to third parties.

The customer agrees that easybell may use third parties at any time to fulfill the contract. This also includes that the telephone number may be ported to a network operator other than the one used to provide the telephone services at the time the contract was concluded.

The customer is obliged not to use the telecommunication services offered by easybell for purposes that contradict the legal provisions or regulations of the respective country or these provisions.

• In particular, no legally prohibited, unsolicited information may be transmitted, such as unwanted and unsolicited advertising by e-mail, fax, telephone or SMS, as well as dial-up programs that do not comply with the law; no illegal contact may be made by means of telecommunications as defined by § 238 StGB; no information with illegal or immoral content may be transmitted in accordance with the StGB or no reference may be made to such information.
• The customer indemnifies easybell from all claims of third parties which they assert against easybell due to a contractual, immoral or illegal and culpable use of the easybell services by the customer. The same applies to the costs of a legal defense of easybell required in this context.
• The customer undertakes not to transmit any telephone numbers for calls via VoIP that have not been allocated to him for use.
• The customer will immediately inform all co-users of the easybell telephone connection belonging to the household and future co-users that the connection data of the VoIP connection (EVN) will be disclosed to him within the scope of billing.
• The customer acknowledges that easybell cannot control the content of the data that is transported via the network. easybell is therefore not liable for the content of data, neither for data that is sent by customers nor for data that is sent by third parties. The customer himself must take appropriate protective measures for his computer(s).

The customer will not use the services provided by easybell commercially without prior written consent. The business customer tariffs are excluded from this.

The customer will not resell the services to third parties without the prior written consent of easybell ("reselling"). Third parties within the meaning of this regulation are also companies affiliated with the customer within the meaning of § 15 ff. German Stock Corporation Act.

The customer will not establish any connections to geographical local numbers that serve a purpose other than the establishment of direct voice or fax connections to other subscribers, in particular no connections where the customer or a third party is to receive financial benefits dependent on the duration of the connection due to the connection. This includes, in particular, telephone numbers that are used by computers to transmit data or voice, advertising hotlines and chat services.

easybell invoices the customer for the services provided at the rates specified in the applicable price list (including German VAT). easybell only issues invoices as PDF files by email or for download via the customer portal. The creation of a "paper invoice" is not possible.
The customer is obliged to pay for all connections from his VOIP connection, the use of which he has enabled, permitted or tolerated, i.e. also for connections caused by third parties, unless the customer is not responsible for the use. The customer is responsible for proving that he is not responsible for the use.
easybell is entitled to change its fees at its reasonable discretion and within reasonable limits while maintaining the equivalence ratio with at least six weeks' notice if the prime costs on which the contract is based (in particular purchase prices) change. In the event of price increases, the customer shall be entitled to an extraordinary right of termination, which shall take effect at the time of the relevant fee change. If the customer does not make use of this right of termination within four weeks of receipt of the notification, the change is deemed to have been approved. Easybell expressly points this out again in a notification.
In the event of changes to VAT, easybell is entitled to adjust the charges in accordance with the change, without this giving rise to a right of termination for the customer.

One-off services are charged after completion of the service activities, basic fees for recurring services are charged monthly in advance and usage-based fees are charged monthly after the technical data is available. Voice connections are billed to the minute, unless otherwise specified in the tariff.
In deviation from this, easybell is entitled to bill the customer for services rendered during a monthly billing period if the fee incurred for consumption-based charges reaches an amount of EUR 50.00.
easybell is entitled to postpone invoicing at its own discretion for small invoice amounts.
The invoiced remuneration is due upon receipt of the invoice by the customer. The first billing month begins on the day the service is activated for operation. In the case of VOIP services, the operational activation does not depend on the existence of an Internet connection to be provided by the customer or on the existence of the software or hardware to be procured by the customer for the use of the connection.
easybell reserves the right to offer customers the opportunity to use chargeable easybell services only after payment of an easybell credit. Unused credit does not expire in this case.

Payment of the fees can only be made by direct debit if the customer gives their consent. The period for pre-notification shall be reduced to 3 days. The customer guarantees to ensure that the account is covered. In the case of returned direct debits for which the customer is responsible, easybell will charge the costs incurred for each returned direct debit, unless the customer can prove that no damage or significantly less damage was incurred.

If, in exceptional cases, the customer pays by other means, repayment only takes place if the customer has sufficiently indicated the intended purpose (in particular the invoice number) when making the payment.

Objections to invoice amounts must be made in writing by e-mail, letter or fax within eight weeks of receipt of the invoice and must be substantiated.
after eight weeks, easybell is entitled to delete the connection data on which the invoice is based.
The customer can only offset undisputed or legally established claims against easybell claims.

easybell is entitled to prevent the use of the services in whole or in part in accordance with the provisions of § 61 TKG (blocking).

easybell is liable for claims for damages by the customer due to injury to life, limb or health and for claims for damages due to the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. Easybell is also liable for damages that are based on an intentional or grossly negligent breach of duty by easybell, its legal representatives or vicarious agents.

Otherwise, claims for damages by the customer are excluded. The exclusion of liability also applies in favor of the legal representatives and vicarious agents of easybell if the customer asserts claims against them.
If emergency calls are triggered in the case of nomadic use (see section 4), subsequent costs may be incurred due to the alerting of an emergency call center that is not locally responsible, e.g. because the fire department responds to the wrong location. In the case of nomadic use, the customer is obliged to pay for follow-up costs due to emergency calls triggered outside the specified location.
easybell points out that VoIP is offered within the scope of what is currently technically and operationally possible, whereby certain losses in terms of availability, voice quality and security may occur in comparison to traditional telephony, which are beyond the control of easybell and for which no liability can therefore be accepted. In particular, the VoIP telephone connection is not suitable for the use of home emergency call, fire and burglar alarm systems; such operation is therefore at the customer's own risk. easybell is not liable for incorrect or non-existent transmission of the emergency call to the responsible emergency call center in the event of such use of the telephony connection or in the event of a power failure.

Reference is made to the statutory limitation of liability of § 70 TKG.

Personal data is only collected, processed or used if the data subject has consented or if the TKG or another legal provision orders or permits this. Further details can be found in our privacy policy, which can be accessed at https://www.easybell.de/datenschutz/datenschutzhinweise-vertragsabschluss.html.

To settle a dispute with easybell about the cases mentioned in § 68 TKG, the customer can initiate arbitration proceedings by submitting an application to the consumer arbitration board for telecommunications of the Federal Network Agency in Bonn (consumer arbitration board) after a previous attempt to reach an agreement with easybell.

Participation is voluntary for easybell. easybell will therefore check on a case-by-case basis whether it will participate in the arbitration procedure. The contact details of the consumer arbitration board are

Federal Network Agency
Consumer Arbitration Board for Telecommunications (Department 216)
P.O. Box 80 01
53105 Bonn
Website: www.bundesnetzagentur.de

The EU Commission provides a platform for online dispute resolution (ODR platform) for consumer disputes arising from online sales contracts and online service contracts. This platform is available online at https://ec.europa.eu/consumers/odr/main/index.cfm.

Subsidiary agreements, amendments and supplements to a contractual relationship must be in text form to be effective. Deviating general terms and conditions of the customer, which easybell has not expressly agreed to in writing, do not apply.

Should a provision of this contract be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
The customer can only transfer the rights and obligations from this contract to a third party with the prior written consent of easybell.

The law of the Federal Republic of Germany applies exclusively between the customer and easybell, as it applies between domestic persons to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless mandatory law prescribes the applicability of another legal system.
The place of jurisdiction is the registered office of easybell if the customer is a merchant, a legal entity under public law or a special fund under public law.

Status: 16.08.2022