TITLE
terms and
conditions
of receipt of the relevant Chip Cards by the Customer. Liability for
damages due to defects is limited in accordance with the provisions of
Section 8 of these GTC.
3.10 The provision of the Services by 1NCE is otherwise subject to the
provisions of these GTC and applicable laws and regulations, in
particular those of the TKG.
3.11 For operational reasons and/or reasons of technological development,
1NCE shall be entitled to change the specifi cations and functionalities
of the Services and to adapt the Service Description accordingly,
provided that the respective change does not reduce or impair the
essential performance characteristics of the Services. This may
also result in changed system requirements to be observed by the
Customer (see Section 4.5 of these GTC). Sentences 1 and 2 shall
apply mutatis mutandis if third parties from whom 1NCE obtains
underlying services necessary for the provision of the Services change
their services.
4. Terms of use / Cooperation obligations of the Customer
4.1 The Customer may only use the Services in accordance with these
GTC and the Service Description for its own purposes.
4.2 The Customer is not permitted to make the Services available to
third parties for their sole use or commercial use or to otherwise
pass them on to third parties without the prior permission of 1NCE.
In particular, the Customer is also not entitled to act as a provider of
telecommunications services using the Chip Cards made available to
it for use and to offer mobile communications services, switching or
interconnection services to third parties.
4.3 The Services may not be used abusively or in any other illegal manner
in violation of legal prohibitions in the Federal Republic of Germany
or at the respective place of use. In particular, no legally prohibited,
unsolicited information, goods and other services shall be sent by the
Customer. Furthermore, (a) no information with unlawful or immoral
content may be transmitted and no reference may be made to such
information; (b) connections may not be established which serve the
purpose that the Customer or a third party is to receive payments
or other consideration on account of the connection or the duration
of the connection (e.g. in return for SMS to chat lines or advertising
hotlines), or which do not serve the purpose of direct communication
with another subscriber, but only for the purpose of establishing
the connection and/or the duration of the connection; (c) national
and international copyrights, trademarks, patents, names and other
intellectual property rights and personal rights of third parties must be
observed.
4.4 1NCE shall be entitled, in the event of serious breaches by the
Customer of the obligations incumbent upon it in accordance with
Section 4.3 of these GTC, to block the Services at the Customer’s
expense, without the Customer being exempted from the obligation to
pay the agreed charges in this respect. The regulation of Section 45o
TKG regarding the blocking of call numbers remains unaffected.
4.5 The Customer undertakes to comply with the system requirements
for the use of the Services specifi ed in the Service Description and to
comply with the cooperation obligations specifi ed in these GTC and
the Service Description. To the extent non-observance of the system
requirements in accordance with sentence 1 by the Customer can
have a detrimental effect on network operation, in particular on network
security or network integrity (e.g. in the case of operation of non-
network-compliant terminal devices by the Customer), 1NCE shall in
particular be entitled to block the relevant Chip Card; any further rights
and claims of 1NCE shall remain unaffected.
4.6 The Customer is further obliged to
a) notify 1NCE’s customer service without undue delay of the loss of
the Chip Card provided to the Customer;
b) notify 1NCE without undue delay in text form of any change
in its name or company name, legal form, address or invoice
recipient, or to have a third party authorized to do so notify 1NCE
accordingly (see also Section 2.3 sentence 3 [second half] of
these GTC);
c) to keep personal access data (such as passwords) confi dential
and to change them without undue delay if it is suspected that
unauthorized persons may have gained knowledge of them;
d) to make backup copies of all Customer data used in connection
with the Services at reasonable intervals in order to enable lost
or destroyed Customer data to be restored with reasonable effort;
and
e) in the event of a request for information addressed to 1NCE by
authorities or courts in connection with the Services, to provide
1NCE without delay with the information requested by 1NCE in
relation to the Customer and, in particular, to transmit to 1NCE
documents and information necsary to enable 1NCE to comply
with the relevant request for information.
5. Charges / Objections of the Customer
5.1 The Customer shall pay the charges agreed between the Parties
in accordance with Section 2 of these GTC for the Services. Within
the framework of the conclusion of the contract, the Customer may
choose between different payment methods offered by 1NCE. Unless
otherwise agreed between the Parties, the charges to be paid by the
Customer for the purchase of additional Quotas in accordance with
Section 3.3 sentence 2 of these GTC shall be determined by the price
list of 1NCE valid at the time of this purchase.
5.2 All charges are to be paid by the Customer in advance (prepaid).
Payments by the Customer must be made within 14 days of receipt of
the invoice at the latest.
5.3 The Chip Card shall not be activated for the fi rst time and dispatched
until 1NCE has been able to record the complete receipt of payment
both for the charge attributable to the Chip Card (this includes the
purchase price for the Chip Card and the fees for the respective
original Quota) and any additional charge owed by the Customer
(e.g. for the dispatch of the Chip Card). Also, the reactivation of a
temporarily deactivated Chip Card (see Section 3.3 sentence 2 of
these GTC) will only take place as soon as 1NCE has been able to
record the complete receipt of payment with regard to an additional
Quota purchased by the Customer at a later date.
5.4 If the Customer orders several Chip Cards within the scope of
one order, the activation and dispatch of all ordered Chip Cards in
accordance with Section 5.3 of these GTC will only take place as a
whole when 1NCE has been able to record the complete receipt of
payment for all charges relating to the ordered Chip Cards. 1NCE is
not obliged to provide partial deliveries; therefore, no activation or
dispatch of partial quantities of ordered Chip Cards will take place.
5.5 All charges shall be in Euro plus any applicable statutory value added
tax (which shall also be borne by the Customer). Any taxes, levies,
duties and similar charges incurred outside the Federal Republic
of Germany in connection with the Services shall be borne by the
Customer. This also applies in particular to the value added tax to be
borne by the service recipient in accordance with the provisions of
the EU VAT system directive in its EU member state (reverse charge
procedure).
5.6 The Customer may only set off payment claims asserted by 1NCE
against counterclaims which are undisputed or have become res
judicata. The same applies to any rights of retention asserted by the
Customer.
5.7 Complaints raised by the Customer against the amount of the
connection charges or other usagedependent charges vis-à-vis 1NCE
are subject to the legal provisions of Sections 45i, 45j TKG. Therefore,
in particular the following applies: Complaints of the Customer must be
made within eight weeks of the connection being established. Failure
to make such complaints in good time shall be deemed approval. The
Customer’s statutory claims in the event of complaints after the lapse
of the said time period shall remain unaffected.
6. Contract Term / Termination
6.1 The contractual relationship is concluded for an indefi nite period of
time.
6.2 The contractual relationship in respect of each individual Chip Card
may be terminated by
a) the Customer at any time without period of notice; and
b) 1NCE with a period of two weeks, but not before the end of the
ActivationPeriod.
6.3 The right of both Parties to terminate the contractual relationship
exceptionally for good cause (außerordentliche Kündigung aus
wichtigem Grund) remains unaffected.
6.4 No compensation for any unused Quota that may still exist at the time
of termination of the contract with regard to the relevant Chip Card
shall be payable to the Customer unless 1NCE is responsible for an
exceptional termination through the Customer for good cause (see
Section 6.3 of these GTC).
6.5 Any termination must be made in text form in order to be valid.
7. Rights of use / IP rights of third parties
7.1 To the extent 1NCE provides the Customer with software for use within
the scope of the Services, 1NCE grants to the Customer a simple right
to use the software for the duration of the respective contract term,
which is limited to the countries specifi ed in the Service Description.
This right of use is (a) neither sublicensable nor transferable and (b)
subject to the restrictions resulting from these GTC and the Service
Description. Further rights to use the software are not granted to the
Customer. Similarly, the Customer shall not be granted any rights to
edit the software unless such rights are required by mandatory law.
7.2 If, in respect of the rights of use referred to in Section 7.1 above,
a violation of third party intellectual property rights is asserted or
threatened to be asserted, 1NCE shall be entitled, at its own discretion
and expense, to secure the Customer’s right of continued use or to
modify the software in order to prevent infringements of intellectual
property rights or to temporarily cease the provision of the software.
Any claims of the Customer are excluded if and to the extent that the
infringement relates to an unauthorized modifi cation of the software
by the Customer or its other use by the Customer in violation of the
provisions of these GTC or the Service Description.
