§ 1 Coverage

§ 2 Conclusion of Contract

1. In order for a customer to use the TEAMFON service and/or TEAM.DSL, a user contract shall be concluded. Any offers made by us are subject to confirmation. A contract becomes valid only when we confirm, in writing, the user’s written application.After conclusion of the user contract, the user shall receive the access data with which to activate and use the service.

§ 3 Subject of the Contract

1. By providing the TEAMFON service, TEAMFON enables the user to make phone calls via the internet. [LINK].
2. Using the TEAMFON service stipulates the availability of a DSL connection as well as certain hardware and software equipment at customer location. On customer’s request, TEAMFON shall provide a TEAM.DSL connection. [LINK].
3. TEAMFON shall provide the contractual services within the framework of what is currently possible, with regard to technical as well as operational requirements. As the services are rendered via the internet, there may be disruptions, limitations or interferences in the service, which are entirely beyond TEAMFON’s control. TEAMFON therefore does not provide a warranty for continuing, uninterrupted availability of the service, nor for a constant data throughput or data flow through a particular network.
4. TEAMFON reserves the right to block certain destination numbers or number blocks. In this case, TEAMFON shall keep the user’s interests in mind. On customer’s request, TEAMFON shall tell the user which numbers are being blocked.

§ 4 ACustomer’s Duties

1. On application, the customer shall supply the personal data required for fulfilling the contract correctly and in full. Should there be any changes in these data during the duration of the contract, the user shall inform TEAMFON without delay.
2. When using the TEAMFON service / TEAM DSL the customer is obliged to keep in line with the conditions stipulated in this contract, as well as with the general laws governing the use of internet services. In particular, the user must not download or distribute any data which violate public law or the copyright or any other rights of a third party. It is strictly prohibited to use the TEAMFON service / TEAM DSL to distribute data which may have a negative influence on the moral development of young people, or data containing child pornography, extremist or racist elements. Under no circumstances may these services be used to threaten or annoy third parties (e.g. by so-called “cold calls“ or “telephone spamming”. )
3. When using the call transfer service, the user has to make sure that the recipient agrees to having these calls transferred to his or her address
4. The customer agrees to keep TEAMFON free of any liability against third parties or any other damages or expenses which might arise from the customer’s abuse of the TEAMFON service and/or TEAM.DSL.
5. The customer shall not be entitled to allow third parties to use the TEAMFON service and/or TEAM.DSL without prior written permission by TEAMFON, nor to transfer any rights and/or duties to third parties. This includes affiliated companies as described in Para. 15 ff. German Stock Companies Act.
6. The customer agrees to keep access data confidential, in particular his password, and to keep them in a safe place where no third party can gain access. If the user suspects that an unauthorised person has gained knowledge of these access data, TEAMFON must be informed immediately.

§ 5 Fees and Conditions of Payment

1. The user owes the fees stipulated in the contract, either according to a customised offer by TEAMFON or to the price list for the TEAMFON service and/or TEAM.DSL valid on conclusion of the contract.
2. One-time charges such as installation fees or the purchase price of hardware or software shall be due on delivery of the goods or services provided . Monthly connection fees and other usage-independent charges (e.g. flat rates) shall be due at the beginning of each month, while usage-dependent charges shall be charged at the end of each month (accounting month). All charges shall be payable in full to the TEAMFON account named in the user contract or to an otherwise specified TEAMFON within 30 days of receipt of invoice.
3. All prices are exclusive of the VAT applicable at the date on which the services were rendered. If there is an increase in VAT during the duration of the contract, the user shall pay the higher VAT rate for all services rendered and received after the date of the increase. In such a case, the right to cancel a contract because of price increases (as described in Para. 7) shall not apply.

§ 6 Objections

Any objections regarding the amount payable for telephone connections or any other usage-dependent charges must be submitted immediately after receipt of invoice to:

TEAMFON GmbH
Stahlgruberring 11
D-Munich 81829 Germany
Phone: +49 89 427 0050
Fax: +49 89 427 00555
E-Mail: Email: info@teamfon.com

in writing or by fax or Email. TEAMFON must be in possession of any such claims within 8 weeks of date of invoice. If no objections are submitted within this period, the invoices shall be regarded as approved by the customer. On the invoice itself,invoices shall be regarded as approved by the customer. On the invoice itself, TEAMFON will remind its customers of the consequences that arise from a failure to submit their objections in due time. This shall not affect the user’s rights regarding objections after the notice period has elapsed.

§ 7 Price Changes or Changes of Service

TEAMFON reserves the right to adapt its prices and services to the general market conditions, in particular if the network providers have increased their fees as well. As soon as TEAMFON has decided to change its prices, it shall inform its customers of these changes in due time, at the latest by 6 weeks before the changes are to take effect (Notice of Change). If the intended change leads to a price increase or if it affects the user in a negative way, the user shall be entitled to cancel the contract within a notice period of 3 weeks from receipt of Notice. Cancellation shall be valid as of the date on which the changes are to take effect. TEAMFON will remind its customers of their cancellation right in any letters or notices in which one or more changes are announced. If the customer does not cancel the contract within the notice period, the changes in question shall be considered approved by the customer and the contract will remain valid under the new conditions.

§ 8 Disablement of Access

1. If the customer should fail to settle his balance, leaving a default of €75.00 or more, and if he should fail to come up with sufficient security, then TEAMFON shall be entitled to disable the customer’s access on customer’s expense according to Para. 19 German telecommunication law. In this case, the customer shall be obliged to continue paying the monthly fees.
2. TEAMFON shall also be entitled to disable the customer’s access, if

a.) 1. there is a reason for a cancellation without notice according to § 10,

b.) 2. the user does not act in line with his obligations as defined in § 4 of this contract and fails to change his conduct despite explicit warning by TEAMFON, or

c.)3. if there is a legal requirement to disable the customer’s access.

§ 9 Liability

1. TEAMFON shall be liable for personal damage, for damages covered by the product liability law and for damages which arise from malicious intent or gross negligence on TEAMFON’s part.
2. Apart from that, TEAMFON shall only be liable for (simple) negligence if it has maliciously failed to mention an existing fault, if it has deliberately given a wrong description of a product or service or if it has violated some crucial duties arising from this contract (cardinal duties). In the latter case, damages shall be limited to the amount typically to be expected on the date of signing the contract.
3. TEAMFON will not accept liability for and will not substitute or remedy indirect damages, e.g. damages arising from loss of data or incorrect data processing. Furthermore, TEAMFON will not accept any liability, regardless of the circumstances, for lost profits, failed savings, damages arising from third party claims or any other indirect or consequential damages.If liability is not already excluded under the above conditions, TEAMFON as a provider of telecommunication services for the public shall only be liable for financial losses amounting to a maximum of € 12,500.00 (twelve thousand five hundred Euro) per user. For all claimants put together, TEAMFON’s liability shall be limited to € 10,000,000 (ten million Euro) for each damaging incidence. If the total amount of claims against TEAMFON by all users suffering the same damage exceeds the upper limit, then the individual compensation amounts shall be reduced at the same proportional rate as the difference between the total amount of claims and the upper limit. In case of malicious intent on TEAMFON’s part, this restriction of liability shall not apply.
4. Claims against TEAMFON because of delays or impossibility of performance shall be restricted to the part of the service which cannot be rendered as envisaged in the contract, due to the delay or impossibility of performance.
5. TEAMFON’s disclaimer of liability, as defined in the above provisions, shall apply equally to all of TEAMFON’s factors, servants and assignees.

§ 10 Period of Contract; Cancellation

1. Unless otherwise stated, this contract shall be valid indefinitely. It can be cancelled by either party at the end of a month, provided notice is given by the 3rd day of that month.
2. Either party reserves the right to cancel the contract without due notice for grave reasons.
3. In particular, TEAMFON shall be entitled to cancel the contract without notice,

a.1.) if the user is in default of payment for services rendered or units charged for two months in a row, or

b.2.) if the user is in default of payment over a period of more than two months for an amount equal to at least two month’s basic charges, or

c.3.) if there is a threat to TEAMFON’s equipment, in particular to the DSL connection or the network, caused by the user’s devices, or if there is a threat to public safety, or

d. 4.) if the charges have increased significantly and there is evidence to reasonably assume that, in case of a forthcoming disablement the customer will not be able to pay in full and/or in due time for services rendered in the meantime and if all securities have been used up and the disablement is not disproportionate.

4. If there is a delay in TEAMFON’s services, the user shall only be entitled to cancel the contract after TEAMFON has been given a period of grace of at least 2 weeks and if TEAMFON has still not rendered the services after this deadline has elapsed.

§ 11 Data Protection

1. TEAMFON shall collect personal data only where necessary for the fulfillment of contractual duties, and in compliance with the law. The data will then be used exclusively for the purpose of fulfilling the contract. It will be cancelled immediately after termination of the contract, unless it is still required for billing purposes. If there is a legal requirement to keep certain data longer or cancel them sooner, priority will be given to this requirement.
2. Outside the scope mentioned above, personal data shall be used solely with the user’s explicit permission. On giving his permission, the user shall be reminded expressly that he may withdraw his permission at any time.

§ 12 Final Provisions

1. If the user is registered as a merchant, a legal entity under public law or a separate estate under public law, the place of jurisdiction in case of any legal dispute arising from the contract governing the use of the TEAMFON service and/or TEAM.DSL shall be the court in whose district TEAMFON has its registered office. However, TEAMFON reserves the right to bring the customer to court at his natural place of jurisdiction as well.
2. If any provisions of these terms and conditions should be ineffective or become ineffective as a whole or in part, the validity of this contract as a whole shall remain unaffected. The inoperative provision shall be substituted by a legally effective provision which to all intents and purposes approximates the inoperative provision as closely as possible.
3. This contract is subject to German law with the exclusion of provisions made in the UN purchase law (CISG).