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GTC for the use of byCall offers (CallbyCall, InternetbyCall, DSLbyCall)

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

About easybell GmbH, Brückenstr. 5a, 10179 Berlin; District Court Berlin-Charlottenburg
HRB 137060

1. Scope of application

easybell offers InternetbyCall, CallbyCall und DSLbyCall (“byCall-offers”) based on these GTC. The content of the contract between easybell and the customer is exclusively based on the content of the order, the price list, each product specific performance specifications and these terms and conditions. In case of In case of any objection in the documents, the regulations are obligatory in the prementioned order.

2. Conclusion and cancellation of the contract

In case of Internet-by-Call, a contract relation is concluded when the costumer dials an access number. The contract is just concluded for the period of dialing to the connection via the easybell connection.
In case of voice connections within the conversationally using with the code of a connection net code number ("Verbindungsnetzkennziffer"/ hereafter „Call-by-Call") the contract relation is concluded via the code of the connection net code number used by the customer, plus the realisation of the particular connection. The contract relation is limited to the period of the preluded connection.
In case of DSL-by-Call products, a contract is concluded via dialing of the customer with the DSL login data (login, password) provided by easybell plus the realisation of the particular DSL connection (accepted login).
easybell subjects to refuse the establish of a „byCall" connection and thereby to reject the contract; especially if the customer has still got obligations or arreases of former or on-going contracts or the way of the service usage suggests misuse.

3. Obligations of the customer

The customer pledges to attend all of easybell's legal and official regulations as well as its instructions while using the telecommunication services of easybell.
Für deren Verhalten hat der Kunde wie bei eigener Nutzung einzustehen.
The customer will not resell the services to a third party without prior written consent from easybell. Companies affiliated with the customer within the scope of Article 15 et seq. of the German Stock Corporation Act are considered third parties within the meaning of this provision.
In case of DSL-by-Call, easybell carries out all customer communication via email. The customer pledges to provide a valid email address during registration, to regularly check their mailbox and to immediately inform easybell on any changes to their email address.
If any changes relevant to the contract should occur, easybell is to be immediately informed on them. This reporting obligation applies in particular to a change in address or a new bank account.
The customer pledges not to use any set ups or applications which lead to changes the physical or logical structure of the net provided by easybell.
The customer exempts easybell from any claims from a third party, who asserts a claim against easybell due to the customer’s use of easybell services in breach of the contract, or for unethical, unlawful and criminal purposes. The same applies to the costs of easybell’s legal defence in relation to this.
The customer recognises that easybell cannot exercise control over the content of the data transmitted via the network. Therefore, easybell is not liable for the content of the data, neither for data sent by the customer nor by a third party. The customer is solely responsible for implementing appropriate security measures on their computer.

4. Charges

easybell charges the customer the plans (includes German value-added tax) from the respective valid price list for the provided services published at www.easybell.de, if not written aggreed with different prices.
Basis for calculation is the registration of the connection data with the time of the beginning and the end. The single connections are charged in minute cycle, if not mentioned otherwise. Call-by-Call connections: The entire period of connection is charged consistent to the price applied during the setup of the call.
At offers with limiting of costs to a maximum price the volume will be fully charged up to a (if neccessary) excisting monthly limiting even during a monthly use.
In international calls the network correlation conform to the curent national plans of numbers, you can see as international standard of the International Telecommunication Union (ITU-T) here: www.itu.int. The difference between international Call-by-Call connections in landline or mobile network connection is based on the conditions of the country of destination, as they are delivered on the base of the particular conditions of the country of destination by the sub-supplier. National local calls are calls where the caller and the called one have got identic local area codes.

5. Billing and conditions of payment

In each case, the billing period is a month. The billing happens after the provided service and is payable by receiving the bill.
The billing of Internet-by-Call and Call-by-Call happens by a service commissioned by easybell on the telephone bill of the customer's participants network (normally Deutsche Telekom AG) as a connection. Possibly, a determination of amounts happens by mentioning a telecommunication or an encashment company which build up a connection on behalf of easybell between the net of the Deutsche Telekom AG and the services provided by easybell. So on the customer's side the direct debit authorisation approved to Deutsche Telekom AG as well as the remuneration of easybell charged by Deutsche Telekom AG.
The customer's payment obligation for service payment of easybell is for all connections of the customer's user connection, its allowed, permitted and tolerated use, also connections made by a third party. Exception: The customer wasn't fine with the use (evidence needs to provided).
The connection services will be given by easybell in detail on the telephone bill, if the customer has assigned an itemised bill of his or her subscriber network operator. The customer can assign the made of an itemised bill consistantly and for the next connections towards his or her subscriber network operator.

DSL-by-Call: 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 of 7.50 € 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).

6. Objections

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.

7. Limitation of liability

easybell adhere in line with the legal requirements only for demages, made by easybell or its assistence caused by gross negligence or intent. Exceptions: warranted characteristics.This statement refers to the legal liability limitation of Article 44a of the TKG. This limitation of liability concerns contractual and non-contractual requirements. The liability for personal damage (injury to life, body, health) and its liability under the (German) Product Liability Law remain unaffected.
easybell's liablitiy is not given in cases of demages caused by legitimated denial of not transferring or saving data or programs to easybell.
easybell is free of all costs and rights of a third party via the customer, which have its causes in the contravention of all rights of copy, use, personal or other property rights via using the customer's access code. Exception: easybell is responsible for this.

8. Blocking of a customer

easybell is allowed to prevent the use of services full or partly in line with the requirements of the German law § 45k TKG (blocking).

9. Data protection

Personal data will only be collected, processed or used if the affected party has consented or the TKG or another legislation orders or permits it.
easybell is entitled to contact the customer via the phone number, email address or postal address that the customer provided when entering into the contract with text or picture messages for the purpose of advice and advertising on products related to existing contracts or contracts that have yet to be concluded. The customer is entitled to retract provided consent at any time in written form. easybell is entitled, with the consent of the customer in accordance with Article 4 of the German Data Protection Act (“BDSG”) or subject to the conditions in Article 28a of the BDSG, to collect information on the customer’s credit rating and share the customer’s data due to breach of contract terms in collaboration with Schutzgemeinschaft für allgemeine Kreditsicherung (SCHUFA), Kormoranweg 5, 65201 Wiesbaden, Germany, Bürgel Wirtschaftsinformationen GmbH & Co. KG, Gasstraße 18, 22761 Hamburg, Germany, and arvato infoscore GmbH, Rheinstraße 99, 76532 Baden-Baden, Germany.

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: 1st of December 2013