(AS OF 11/2010)
1.1. our conditions apply only against persons who act at the conclusion of the contract in exercising their commercial or self-employed professional activity (entrepreneurs) and legal persons of under public law and public service Funds. These conditions apply exclusively for our all - also future - services. Deviating or additional terms and conditions of the customer do not apply, even if we do not contradict them.
1.2. the terms and conditions apply to all our contracts for the provision of services (such as voice, data, and other telecommunications services, below "telecommunications services", RufnummernPrüfungen) and related information. Consultations, deliveries and installations.
2.1. our offers are subject to change. The customer is bound to his order for a period of two weeks from receipt by us.
2.2. orders, amendments or changes an order are accepted, if we have confirmed them in writing. the performance, particularly the activation of the TK service or access of an invoice the customer deemed confirmation. Amendments to the contract require the written form.
The customer has all necessary and in particular the preparation in the contract to provide auxiliary and other acts of cooperation in a timely and fully.
4.1. our prices are plus statutory turnover tax.
4.2. objections to our statements must inform us in writing within four weeks from and justified; then, the accounts are considered approved.
4.3. our claims are due without deduction receipt.
4.4. the customer may only to set off or to exercise rights of retention if the counterclaim is undisputed or legally ascertained. To exercise a right of retention, the customer is also only to the extent that its counterclaim is based on the same contractual relationship.
5.1: the conclusion of the contract is subject to the timely and correct delivery by our suppliers. This does not apply if we have completed a congruent cover business, in particular the non - performance or incorrect delivery to represent. We will inform the customer immediately about the non-availability of the delivery or service and immediately refund provided consideration.
5.2. deviations from the agreed service, which are made under amended regulations or constitute technical improvements, which do not affect the usability for the contractually intended purpose, are allowed.
5.3. we may use third parties for the services of their own technology as well as transmission and technical facilities. We may use third-party technical facilities. We can change the technical facilities and us to other third parties, provided that the performance does not deteriorate.
6.1. the customer has the commercial obligations to the immediate examination of our performance and immediate notification of defects (§ 377 HGB) to meet.
6.2. in case of defects are we correct the defects at our discretion or new to afford (subsequent performance). Fail, unreasonableness or refusal of subsequent performance, the customer can reduce the price or - case not only insignificant defects - withdraw from the contract or demand compensation in accordance with paragraph 7. The customer may not assign claims based on defects.
7.1. our liability for slightly negligent violation of non-essential contractual obligations is excluded. With slightly negligent breach of essential contractual obligations (in particular the obligation to deliver timely and faultless), our liability is limited to the contract-typical foreseeable damage. We however unlimited liable for schuldhaft we damage of the customer to body, life and health, as well as to intent, gross negligence, and the absence of guaranteed characteristics.
7.2: a damage exceeding €5,000, is no longer contract-typical and predictable.
7.3. the above provisions also apply to our organs, statutory representatives, employees, and other agents.
8.1. the limitation period for claims of the customer due to a defect of the goods or the service is one year. This does not apply to claims for damages, to substitute of a physical or health damage directed or intent or gross negligence by us or our vicarious agents are supported or due to lack of a guaranteed quality. § 479 ABS. 1 BGB is also unaffected.
8.2. that Statute of limitations for claims of the customer not based on damages, a defect of the goods or the services, is one year. The statutory limitation period for claims due to intent or gross negligence and injury to body or health and under the product liability Act shall remain unaffected.
We can obtain information by credit reference agencies about the customer while before and during the contract period and send this data on the basis of non-contractual handling (such as termination due to default of payment).
Events of force majeure and other unpredictable for us facts, in particular power interruption, interruption of telecommunications links, strikes, lock-outs, free us for the duration of the disorder as well as a reasonable lead time -also during an already existing delay - from our performance commitment. We will freely by the circumstances mentioned that performance be impossible or economically unreasonable, of our contractual obligations. The same applies as far as for the execution of necessary permits in time go Third parties with us.
11.1. the contract is agreed in the contract between the customer and ourselves. No provision has been made, runs the Treaty for an indefinite period and may be terminated by either party with a notice period of three months.
11.2. the right to the extraordinary termination for important reason remains unaffected. An important reason for a cancellation by us exists in particular if the customer becomes insolvent, discontinues its payments or provided an application for commencement of insolvency proceedings.
11.3. any cancellation has to be made in writing.
12.1. the customer is a merchant, legal entity of under public law or public law Special Fund, is our seat venue agreed; We are also entitled to sue at the customer's premises.
12.2. German law is applicable, the validity of the UN Convention on contracts for the international sale of goods (CISG) is excluded.
12.3. should one of the provisions of these terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected.
II. Special arrangements for telecommunications services
We provide telecommunications services, in addition the following rules apply:
13 duties of customers with telecommunications services
13.1. the customer has the incumbent statutory and regulatory duties for the equity and foreign use and marketing of telecommunications services to comply with. He has to obtain required permits and to make the required showing
a registration as a language service provider for the Federal Network Agency in particular. Also, the customer will be if present, follow the recommendations of important key institutions (E.g., FST e.V., VATM e.V.).
13.2. the customer is also
13.2.1. provide necessary technical conditions for the installation and operation of telecommunications services and confirm the installation made by us and routing settings are his ideas,
13.2.2. confidential information, particularly pass - and passwords, keep secret and protect the access of third parties.
13.2.3. any suspected improper use of telecommunications services or of unauthorised access to confidential information of third parties immediately tell us,.
13.2.4. no content spread or spread can with telecommunications services, which offend against the good morals and/or legal or official regulations,
13.2.5. inform us at least two weeks in advance of an expected above-average traffic on a TK service (E.g. due to the use of a telephone number in an advertisement).
14.1. a setup fee will be provided by us with conclusion of the contract in court. Monthly fees will be charged - if necessary, proportionally - the day of deployment of the telecommunications service, no later than one month after conclusion of the contract. Call charges are calculated from the conclusion of the connection. Call charges are also to be paid if a third party unauthorized uses a telephone number provided to the customer or a TKDienst.
14.2. we three months after the invoicing delete the data that is required for compensation determination and settlement. Then, we can provide no single connection credentials.
14.3. we shall be entitled to review the fees agreed once in a contract year and increase; for the first time but after the first year of the contract. Any such price increase required a notice period of three months. With a price increase of more than 5%, the customer to terminate the contract to the date of effect of the price increase is entitled.
14.4. the customer on a reminder amounts due not paid within a reasonable period, can we block his connection for incoming call; He paid on a further reminder within a more reasonable period of time, we can block his connection for outgoing calls.
15.1. we can temporarily interrupt the use of telecommunications services as far as this is necessary for reasons of public safety, to carry out work required for the operation or to avoid errors. We will take into account in the customer's operations and show this - as far as possible - with a notice period of seven days. When a break of more than six hours in a calendar month, the customer can reduce accordingly the remuneration for that month.
15.2. we may request modify your configuration (for example, the routing) by the customer when otherwise the provision of the services is at risk. As far as the customer does not perform these changes or is not available, we can make the necessary configuration changes themselves; We will inform the customer about this immediately.
We will immediately eliminate interference with telecommunications services within our technical and operational possibilities. The customer will immediately see as concrete indication of malfunction and cause errors. Is responsible for an error by the customer or there was no fault and the customer would have this can detect, we can make troubleshooting and debugging in invoice the customer.