The contract language is German; this translation is explicitly non-binding.
District Court Berlin-Charlottenburg HRB 137060
1. Scope of application and amendments
easybell provides Voice-over-IP (VoIP) and broadband connections based on these general terms and conditions. The content of the contract between easybell and the customer is based solely on the content of the order, the price list, the respective product descriptions and these terms and conditions. In the event of discrepancies among the individual documents, the documents are applicable in the aforementioned order. easybell reserves the right to change these general terms and conditions. easybell will only make these amendments on reasonable grounds, in particular, due to new technical developments, changes to the jurisdiction, amended legislations or other comparable grounds. If the amendment puts the customer at a financial disadvantage, easybell is obliged to notify the customer of the amendment at least six calendar weeks before it takes effect. The customer may object to the amendment up to four calendar weeks after receiving notification, otherwise the amendment will be considered approved. easybell will stipulate this condition in the amendment notification.
2. Scope of services
2.1 Orders with a DSL connection
easybell provides the customer with a DSL connection for internet broadband usage within the framework of the contracted connection services subject to technical availability. easybell enables the customer to reach other phone lines of public landline networks and mobile networks.
easybell always provides the maximum bandwidth available for a DSL connection. This is up to 16,000 Kbps download speed for ADSL and up to 50,000 Kbps for VDSL. The actual attainable bandwidth depends on the router in use and the performance parameters of the respective connection line.
These parameters result from the distance (cable length) from the customer’s line address to the dedicated distributor, the signal-to-noise ratio, interfering signals, reflections and the wire diameter of the respective local loop. If the customer relies on a specific bandwidth, they are to notify easybell in written form before concluding the contract. In this case, easybell will estimate the probable bandwidth and guarantee a minimum bandwidth speed.
Otherwise the customer agrees to a connection with the next lowest DSL bandwidth if the product cannot be implemented with the desired bandwidth due to technical reasons. The customer is granted a special right to cancellation of 14 days before the end of the month if a bandwidth download speed of 1,000 Kbps (ADSL) or 20,000 Kbps (VDSL) is not reached (router synchronisation when using a router recommended by easybell with up-to-date firmware). easybell is to set a reasonable deadline for suppressing interference.
easybell all-in-one connections are provided with a technical availability of 97% according to the annual average. Time spent on maintenance, installation and conversion, and unavoidable downtime due to customer change requests are excluded when calculating the availability.
Due to technical issues, DSL connections disconnect once a day. It is possible to (automatically) immediately reconnect the line. easybell guarantees the customer the non-transferrable and non-exclusive right to access the services and products (in particular software) offered by easybell for the duration of the contract. easybell or third parties retain all corresponding intellectual property rights as licensors.
A new IP address is generally assigned to a DSL connection. easybell prefers to assign the customer an IPv4 address. If there is a shortage of IPv4 addresses, easybell reserves the right to use an IPv6 address or carrier-grade NAT if necessary.
2.2 Orders with a VoIP line
easybell provides the customer with a VoIP line (with and without broadband connection). The line enables the customer to connect with the easybell SIP server using SIP via an appropriate internet connection. The SIP server has a proven minimum availability of 98% calculated over a period of 365 days. The SIP server is considered available if the customer can establish connection to the server. Time for maintenance, installation and conversion are explicitly excluded when calculating the SIP server availability. Transmission quality and availability may be restricted due to the technical features of other telecommunications networks, the internet used by the customer and their other hardware and software. These may result in usage restrictions outside of easybell’s sphere of influence. easybell is not responsible for these restrictions.
Premium services (0900, information services) and international destinations which are often misused for fraud are not available via the easybell network. Blocked international destinations can be unlocked by easybell after getting a signing of the agreement which indemnifies easybell from the liability of costs caused by fraud. After indemnifying from this liability, the fraud protection guarantee is no longer active.
It is possible to send and receive faxes via the easybell network. easybell supports T.38, which is currently the most reliable protocol for transmitting faxes via the internet. However, using the protocol requires all involved communications components to support T.38. If this is not the case, easybell transmits with the G.711 codec. In this case or if the line is of insufficient quality, disconnections or incomplete page transfers may occur.
The customer has the option of keeping their phone number issued by another provider. easybell does not charge the customer for the incoming number porting. Once the number has been activated, the customer may apply an phone book entry for each number.
The customer has the option of transferring phone numbers from easybell to another provider. In this case easybell charges 11,44 € per porting order for the first number and 5,50 € for each additional number (incl. VAT). The outgoing porting of number blocks costs 25 € (plus VAT) per number block.
3. Conclusion and termination of the contract
3.1. Conclusion of the contract
When placing the order, the customer submits an offer to enter into a contract with easybell. A contract is concluded when easybell receives written acceptance of the order and at the latest when the connection is activated. To provide the written acceptance, the customer receives an acceptance declaration. This is labelled “Order confirmation” and comprises a confirmed activation date for the connection.
The permitted use of one of the VoIP or DSL products offered by easybell and a valid direct debit mandate from the customer may also form the basis for this kind of contract. The content of the transaction, which forms the basis of activation, applies here.
3.2. Contract period and proper cancellation
The contract period is primarily based on the service description. If this does not stipulate otherwise, there is no minimum contract period.
Contracts with a duration of less than three months may be cancelled with a 14-day notice period before the end of the month. Contracts with a duration of three months or more are automatically extended by the initial term. However, there is a maximum extension of one year, provided this is not cancelled two months before the end of the contract period.
Cancellation must be submitted in written form (email, letter or fax).
3.3. Termination due to exceptional circumstances
The right to termination due to exceptional circumstances remains unaffected. A right to termination with good cause due to exceptional circumstances exists specifically when a party wilfully breaches its contractual obligations, and the other party cannot be expected to wait until the end of the notice period.
One good cause is if the customer uses a false name or identity to register with easybell, misuses the VoIP service or the phone number assigned to them within the scope of Section 4, does not settle payments despite reminders and possible suspension of the line, or if insolvency proceedings are opened against the customer or if the customer files a petition to open insolvency proceedings.
4. Customers’ requirements
4.1. Information requirements at conclusion of contract
The customer gives easybell all information needed for the transaction of service provision.
easybell communicates only via e-mail. The customer is liable under contract to enter a valid e-mail address during the registration process, to check the mails regularly and to inform easybell about possible changes of this address immediately.
The customer is liable under contract to name his or her exact address (master address / “Stammdaten”) to ensure the location detection at the choice of emergency numbers. If the customer calls an emergency number from another location (so-called “Nomadismus”), the local detection is not guaranteed. The location needs to be given to the emergency call center.
The customer is liable under contract to inform easybell about any changes relevant to the contract. This includes moving to another place, change in bank details or e-mail address.
4.2. Contractual duties in production, service and interruption suppression of the access
The customer is liable under contract to support easybell in an appropriate way to make sure easybell can render every service due to contract. Therefore, the following duties apply:
- The customer makes sure that his cabling is working, especially the one between house distributor (APL) and telephone socket (TAE).
- During installation or retrieval, the customer needs to let the technician into the rooms and technical setting which are relevant for the installation, including eventual connection services. If the customer neglects the made technician date or the date for connection services, he or she needs to pay the allowance for journey which is 48.79€ (incl. VAT) blanket, unless the customer is able to show that a damage hasn’t been made or less than the amount.
- The customer needs to help the easybell customer service during an interruption suppression appropriately. Particularly, the customer needs to lay the foundations for the necessary measurement (measurement with a and without a plugged router) and, if needed, to configure according to the instructions of the customer service.
- The customer is liable under contract not to use devices or applications which lead to changes in hardware or software of the network provided by easybell.
- The customer needs to make appropriate security measures against the unintended and improper use of an easybell access by a third party.
- The customer is liable under contract to keep the login data (customer portal, VoIP service, and broadband access) private and safe and not to tell the third party.
The customer agrees that easybell is allowed to use the third party for the performance of a contract. This also includes that for phone service delivery, the phone number can be ported to another network owner than the one used at the time of contract conclusion.
4.3. Dues for lawful service
The customer is liable under contract not to use the telecommunication services provided by easybell to another purpose than the legal requirements or regulations of the particular country allow.
- • Especially, illegal, unrequested information are not allowed to be transferred like e.g. undesired or unrequested advertisement via e-mail, fax, telephone or SMS as well as illegal dial programs,
- No illegal contact via telecommunication medium according to § 238 StGB;
- No information including illegal or immoral content according to StGB transfer and no hint of such information
- The customer exempts easybell from all claimed demands of the third party according to contrary to contract, law, moral use and culpable use of easybell services.
- Same: any costs made for needful legal defense by easybell in that case.
- The customer is liable under contract not to use other phone numbers than the given ones.
- The customer will inform every current and future household members using the easybell access about the notification of the connection data of the VoIP access (itemized bill / “EVN”) during the billing process
- The customer recognizes that easybell can’t make a content control about data, which are transported via the network. Therefore, easybell is not liable either for the content of data sent by customers or for the ones sent by the third party. The customer needs to make appropriate security measures for its computer on his or her own.
4.4. Due for contractually appropriate service
The customer won’t use the services of easybell professionally without any previously written confirmation, except for the SIP trunking plans.
The customer won’t resell the services to third party without previous written permission of easybell (“Reselling”). Third party in this case are customer related businesses like i.S.v. § 15 ff. companies act.
The customer won’t build up connections to geographic local phone numbers others than for the purpose of dircet voice or fax connection to other participants. Especially no connections which leads to increase asset shares by the time of connection for neither the customer or a third person. This includes especially phone numbers used for the transfer of data or voice via computer, advertisment hotlines or chat applications.
5. Charges, invoicing and objections
easybell charges the customer the plans (includes German value-added tax) from the respective valid price list for the provided services. easybell issues invoices exclusively as PDF files via email or for download from the customer portal. It is not possible to generate a paper invoice.
The customer’s payment obligation applies to all communication that they have enabled, allowed or authorised from their VoIP line. The payment obligation also applies to communication carried out by a third party, unless the customer is not responsible for the use. It is the customer’s duty to prove that they are not responsible for the use.
easybell is entitled to amend its charges at its own discretion and within reasonable limits while maintaining the equivalent price-service ratio with a notice period of at least six weeks, if the actual costs of the contract (in particular purchase prices) change. In the event of price increases, the customer has the right to terminate the contract due to exceptional circumstances, which will come into effect at the time of the relevant amendment to charges. If the customer does not exercise their right to termination within four weeks of receiving notification, the amendment will be considered approved. easybell will once again stipulate this condition in the amendment notification.
In the event of amendments to the value-added tax, easybell is entitled to adapt the charges in accordance with the amendment without resulting in a right to termination for the customer.
One-off services are invoiced after the service has been delivered, basic fees for recurring services are invoiced one month in advance, and consumption-based fees are invoiced on a monthly basis once the technical data is available. Calls will be charged via by-the-minute increment, unless otherwise specified in the plans.
As an exception to this, easybell is also entitled to invoice the customer for provided services during a monthly invoicing period if the charge for consumption-based fees totals an amount of €50.
In the event of low invoice amounts, easybell is entitled to postpone the invoicing at its own discretion. The customer is obliged to pay the invoiced remuneration upon receipt of the bill. The first accounting month begins on the day that the service is activated for operation. In the case of VoIP services, the service activation does not depend on the availability of an internet connection to be provided by the customer or on the availability of software or hardware to be purchased by the customer to use the connection.
easybell reserves the right to only offer customers the use of easybell services at an extra cost once they have paid an initial deposit to easybell. Unused credit does not expire in this case.
Payment of charges may be carried out exclusively via direct debit provided the customer gives consent. The deadline for the pre-notification is reduced to three days. The customer pledges to fund the account. In the event of chargebacks, which the customer is responsible for, easybell charges the resulting costs for each chargeback unless the customer proves that there were no damages or that the resulting costs were significantly less. In the exceptional case that the customer uses another payment method, repayment only occurs if the customer provides the sufficient payment reference (in particular the bill number).
Objections to invoice amounts must be presented in written form of an email, letter or fax within eight weeks after receiving the bill and are to be justified.
easybell is entitled to delete the communication data that forms the basis of the bill after a period of eight weeks.
The customer may only offset claims from easybell against undisputable or legally binding claims.
easybell is entitled to completely or partially prevent (suspend) the utilisation of services in accordance with the requirements of Article 45k of the German Telecommunications Act (“TKG”).
easybell is liable for customer damage claims due to loss of life, damage to the body or health and claims for damage due to the breach of essential contractual obligations. Essential contractual obligations are those that are required to fulfil the objective of the contract. easybell is also liable for damages arising from a wilful or grossly negligent breach of duty by the provider, its legal representative or agent.
Claims for damages by the customer are otherwise excluded. The exclusion of liability also applies in favour of the legal representative and agents of easybell, if the customer asserts a claim against these. When placing an emergency call during nomadic use (see Section 4), alerting a public-safety access point that is not responsible for the location may incur subsequent costs, for example, because the fire service travels to the wrong address. In the event of nomadic use, the customer is obliged to meet the subsequent costs for placing emergency calls away from the provided address.
easybell states that VoIP is offered within the scope of current technical and operational capacities. In comparison to traditional telephony, certain losses in relation to availability, audio quality and security may occur, which are outside easybell’s sphere of influence and for which easybell cannot accept liability. In particular, the VoIP phone line is not suitable for the use of home security systems, fire alarm systems, and burglar alarm systems. Therefore, this kind of operation is at the customer’s own risk. easybell is not liable for a faulty or unsuccessful transmission of the emergency call to the responsible emergency call centre with this kind of use of the telephony connection or in the event of a power failure. This statement refers to the legal liability limitation of Article 44a of the TKG.
8. Data protection
Personal data are 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 data protection declaration, which can be accessed at www.easybell.de/datenschutz/datenschutzhinweise-vertragsabschluss.html .
9. Out-of-court dispute resolution
9.1 Information about the settlement of consumer disputes according to §36 of German law of settlement of consumer dispute (VSBG)
To settle a dispute with easybell about the cases mentioned in §47a TKG, the customer can lead an arbitration procedure at the consumer’s arbitration board „Telekommunikation“ of Bundesnetzagentur Bonn after a previous attent to reach an agreement with easybell.
easybell’s participation is voluntary. That’s why easybell will proof its participation at the arbitration procedure in individual cases. The contact of the consumer’s arbitration board is:
Verbraucherschlichtungsstelle Telekommunikation (Referat 216)
Postfach 80 01
53105 Bonn, Germany
9.2 Information about online dispute resolution according to article 14 passage 1 of EU ordering about online dispute resolution concerning consumers’ businesses (ODR-VO)
The European Commission offers a stage for online dispute resolution in consumer affairs ("OS-Plattform") resulting from online contracts of sale and online service agreements. For more information: ec.europa.eu/consumers/odr
10. Other provisions
Collateral agreements, amendments and supplements of a contractual relationship require written form to come into effect. Differing general terms and conditions from the customer, which easybell has not explicitly provided written consent for, are not valid.
If a provision of this contract is or becomes invalid or infeasible, the validity of the above provisions will not be affected by this.
The customer may only transfer the rights and obligations from this contract to a third party with prior written consent from easybell.
If the customer plans to initiate an out-of-court alternative dispute resolution in the event of a dispute with easybell over the cases specified in Article 47a of the TKG, a corresponding request is to be sent to the Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen (Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway), Ref. 216, Schlichtungsstelle (Mediation Body), PO box 80 01, 53105 Bonn, Germany. The Federal Network Agency regulates further specific details in a Mediation Ordinance, which is available online at www.bundesnetzagentur.de.
Only the laws of the Federal Republic of Germany apply to the customer and easybell, as is the case between two contracting parties in Germany with exemption of the UN sales law, provided no mandatory law stipulates the application of another legal order.
The court of jurisdiction is the place of business of easybell, provided the customer is a businessperson, legal entity of public law or a special asset under public law.
Last updated: 30th november 2018