Terms and conditions as of 01/2014

TEFONIX UG, represented by the managing director Norbert Piper, Wahnbachtalstrasse 2, 53819 Neunkirchen-Seelscheid (hereinafter referred to as “TEFONIX UG”) provides all of its services ("The Services") relating to the product tele33.de (hereinafter referred to as "tele33"), to the following general terms and conditions Terms and Conditions ("GTC") which the contractual partner ("Customer") accepts by placing the order and/or by using the services of TEFONIX UG. The services offered at tele33.de are aimed at entrepreneurs within the meaning of § 14 BGB and consumers within the meaning of § 13 BGB.

Differing terms and conditions of the customer do not apply. They do not apply even if TEFONIX UG does not expressly object to them or the customer declares just wanting to complete on his terms.

TEFONIX UG offers Internet access based on the requirements for use Service descriptions and the general terms and conditions for the use of tele33.de VoIP ("Voice over IP") products.

The subject of the general terms and conditions for the use of tele33.de are - in addition to the following regulations - (the requirements for use - Internet access). Service descriptions on the tele33.de website. Customers have the opportunity to take note of this information at any time at www.tele33.de.

If the contract is concluded with a sales partner of TEFONIX UG, the General Terms and Conditions apply for the use of TEFONIX UG VoIP products (hereinafter: TEFONIX UG General Terms and Conditions) will be given to the customer in paper form before the contract is concluded. In this case, the customer confirms receipt of the General Terms and Conditions by signing in a separate form with clear instructions provided signature field on the contract form.

Table of contents
1. Conclusion and termination of the contract
1.1. Conclusion of contract
1.2. ordinary termination
1.3. extraordinary termination
1.4. TEFONIX UG credit at the end of the contract
2. The customer's obligation to cooperate
3. Connection fees
4. Billing and Payment
4.1. Billing methods
4.2. Payment method
4.3. Form of the invoice
4.4. Due date, objections and default
5. data protection
6. Liability
7. Fees, changes to fees and general terms and conditions
8. Arbitration Procedure
9. Maintenance and troubleshooting service
10. Final provisions

Attachment
I. Requirement for use,
II. TEFONIX service description
III. Information on making emergency calls


1. Conclusion and termination of the contract
1.1. Conclusion of contract
1.1.1. The contract for the use of tele33.de comes into effect when TEFONIX UG accepts the customer's order to provide the services. Acceptance is deemed to be declared by TEFONIX UG ten calendar days after receipt of the customer order, insofar as the TEFONIX UG connection and TEFONIX UG Account has been unlocked and activated at this point. The customer is bound to his order for 30 calendar days.
1.1.2. The details regarding the contract term can be found primarily in the
Service descriptions tele33.de. Unless otherwise specified there, the contract has no minimum term.
1.2. Ordinary termination
1.2.1. The details regarding the notice period can be found primarily in the Service descriptions tele33.de. Unless otherwise stated, the contract can be terminated by either party at the end of the current month.

1.2.2. Cancellations must be made by email or in writing (letter or fax)..
1.3. Extraordinary termination
1.3.1. TEFONIX UG reserves the right to extraordinary termination for good cause. An important reason is, in particular, if the customer culpably violates his obligations under the contractual relationship and TEFONIX UG cannot be expected to do so, wait for the notice period to expire. Such a case occurs, among other things, if the customer:
- creates a TEFONIX UG account under a false name or false identity and/or - misuses the TEFONIX UG account or VoIP connection, the connection or the phone number assigned to it and/or - ?if insolvency proceedings are opened against the customer's assets or the customer has one - Files an application for bankruptcy.
1.3.2. In addition, TEFONIX UG has an extraordinary right of termination in the event of a change in the legal basis contract, the orders and/or orders relating to the contract by authorities, courts or other public authorities, if these lead to it being unreasonable for TEFONIX UG to adhere to the contract.

1.4. Tele33.de credit at the end of the contract
1.4.1. If the customer has credit on his tele33.de account at the time the termination takes effect, TEFONIX UG undertakes to to reimburse this to the customer upon appropriate request. The customer must make the request in writing, stating his customer number, telephone number, of a bank or credit card account to TEFONIX UG. The reimbursement by TEFONIX UG will be made by crediting the specified bank or Customer's credit card account. TEFONIX UG is entitled to cover the costs resulting from the refund by means of a processing fee of € 5.90 incl. VAT must be offset against the balance existing at the end of the contract. The customer has the right to prove that processing costs are not incurred or are significantly lower Amount when the processing fee was incurred. TEFONIX UG expressly points this out to the customer in the final invoice.
1.4.2. Any other refund of the tele33.de credit is excluded.
1.4.3. The right to payment expires three years after the termination takes effect.

2. The customer's obligation to cooperate 2.1 The customer must have internet access suitable for use with tele33.de (see Requirements for use - Internet access). If this is not the case, the mutual performance obligations arising from the contractual relationship remain unaffected. The effectiveness of a contract The lack of an internet connection on the part of the customer does not stand in the way.
2.2. The customer must take the necessary and usual security measures against the unwanted and misuse of his tele33.de connection by third parties.
2.3. TEFONIX UG handles essential (including contract-relevant) communication processes via email. The customer undertakes to register with TEFONIX UG to provide your own valid email address and to check it regularly for messages and to inform TEFONIX UG immediately of any changes to your email address.
2.4. If there are any changes that affect the flow of communication or the contractual relationship between the customer and TEFONIX UG, TEFONIX UG to be informed about this immediately. This reporting obligation extends in particular to the following points:
- Change of residence or place of business of the customer.
- Change of customer email address
- for payments using the POSTPAY procedure, bank details and credit card information
2.5. The customer may only use the connections to tele33.de as intended and in accordance with the (telecommunications) laws and regulations in the Use the currently valid version. The customer is obliged not to misuse the telecommunications services offered by TEFONIX UG for purposes that contravene the legal provisions or these provisions.
2.6. The customer undertakes not to use any equipment or run any applications that result in changes to the physical or logical structure of the network provided by TEFONIX UG.
2.7. The customer undertakes to provide access data for his tele33 account and access data for tele33's VoIP service ("SIP ID", "SIP password"). to be kept confidential and secure and not disclosed to third parties.
2.8. The customer agrees that his telephone number may be transferred to a network operator other than the one used at the time the contract was concluded.
2.9. If there is misuse by the customer and the customer does not prevent the misuse within a reasonable time despite request from TEFONIX UG deadline, TEFONIX UG is entitled to block its TEFONIX UG connection.

3. Connection fees
3.1. The customer is obliged to pay for any use of his connection for which he is responsible. This also applies to unauthorized or Authorized use by third parties, unless the customer is not responsible for the use. It is the customer's responsibility to provide proof that they are using it is not responsible. The obligation to pay also does not apply if facts justify the assumption that third parties are acting through unauthorized persons Changes to public telecommunications networks have influenced the connection fee charged.
3.2. The fees for the VoIP service result from the price list valid at the start of each individual connection Customer selected product according to service description. The current price list can be viewed online at any time at http://tele33.de.


4. Billing and Payment
4.1. Billing methods
TEFONIX UG differentiates between two different billing methods: PREPAY and POSTPAY.
4.1.1. PREPAY method: In this procedure, the customer first pays an amount to be determined by him to TEFONIX UG (Tele33 credit) and can only use paid TEFONIX UG products according to his TEFONIX UG credit after payment has been received. Possible payment methods are Direct debit, Paypal, credit card (via Paypal) and sofortüberweisung.de. Unused TEFONIX UG credit does not expire.
4.1.2. POSTPAY method: TEFONIX UG reserves the right to offer the customer a corresponding payment only after TEFONIX UG has provided the service Bill to pay.

4.2. Payment method
4.2.1. Depending on the product, TEFONIX UG also offers direct debit and credit card payments in addition to Sofortüberweisung.de and Paypal, as long as the customer gave his consent to this. However, participation in the AUTOPREPAY or POSTPAY method is only possible if the customer has their Consent given for recurring direct debit or credit card payments. The customer must declare his consent to TEFONIX UG in writing or by email.
4.2.2. In the case of periodic billing with varying invoice amounts, the debit from the customer's account will take place at the earliest six working days after receipt of the invoice.
4.2.3. For returned direct debits or direct debits, the customer must reimburse the costs incurred to the extent that the customer rejects them has to represent. In the event of a returned direct debit, it is initially assumed that the customer is responsible for the rejection. For this reason, TEFONIX UG is entitled to reimburse the customer for the costs incurred for processing, e.g. for bank fees (in the amount of € 9.80 including VAT). to be invoiced at a flat rate. The customer is permitted to prove that TEFONIX UG did not incur such costs at all or were significantly lower than those estimated Flat rate. TEFONIX UG expressly points this out in a notification about the return debit.
4.2.4. If the customer in exceptional cases, such as late payment due to a returned direct debit or insufficient account funds, If the customer pays in any other way, fulfillment will only occur if the customer provides sufficient information about the intended use (in particular the invoice number). or a comparable, unique booking code from TEFONIX UG) when making the payment. This applies accordingly to payments made by third parties.
4.3. Form of the invoice
4.3.1. TEFONIX UG only issues invoices as PDF files via email or for download. It is not possible to issue a “paper invoice”.
4.3.2. Invoices from TEFONIX UG do NOT contain a qualified electronic signature for customers entitled to VAT deduction (this no longer applies due to the Tax Simplification Act)
4.3.3. By commissioning TEFONIX UG, the customer agrees to send his invoice by email and is advised that that confidential data transmission over the Internet cannot be guaranteed. For this reason, TEFONIX UG invoices do not contain any individual connection details.

4.4 Due date, objections and default
4.4.1. Claims from current contracts that arise at monthly intervals (or at other regular intervals) are due on the 1st day of each month (or period), unless otherwise stipulated in the service description. As far as demands are not included If these arise at regular intervals, they become due upon receipt of the invoice by the customer.
4.4.2. The statutory regulations apply to delays.
4.4.4. If the customer defaults, TEFONIX UG is entitled to block the service in accordance with Section 45k TKG.
4.4.5. If the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB) and is in default, interest will be charged at a rate of five percentage points above the respective amount The base interest rate of the European Central Bank is calculated. Is the customer Entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) are charged eight percentage points above the base interest rate. TEFONIX UG reserves the right to make further claims late payment (e.g. reminder costs).
4.4.6. After eight weeks of receipt of the invoice, TEFONIX UG is entitled to delete the connection data on which the invoice is based, why subsequent objections in accordance with Section 4.4.2. These terms and conditions can no longer be taken into account. This also applies accordingly, if the customer requests the early deletion of the connection data from TEFONIX UG. A complete review of the invoice is therefore necessary only possible if the customer's connection data is completely saved.
4.4.7. The customer can only offset claims from TEFONIX UG with legally established or undisputed claims.

5. data protection
5.1. The legal basis for handling the customer's personal data includes: the Federal Data Protection Act (BDSG) and that Telecommunications Act (TKG). Personal data will only be collected, processed or used if the person concerned has consented or the TKG or another legal regulation orders or permits it.
5.2. According to this, data processing is particularly permitted if this is necessary. This is necessary for justification and Design of the contractual relationship (inventory data), for the provision of telecommunications services (connection data), as well as their billing (billing data).
5.3. TEFONIX UG maintains telecommunications secrecy in accordance with legal requirements.
5.4. Detailed information on how TEFONIX UG handles personal data can be found in the data protection declaration.

6. Liability
6.1. TEFONIX UG is liable for financial losses up to a maximum of €12,500.00 per customer and damage event. Opposite the The liability of the customers as a whole is € 10,000,000.00 (ten million euros) per single act or per unit event causing the damage (damage event). If the amounts to be paid to several customers due to the same event exceed this maximum limit, the damages to be paid will be reduced in proportion to the sum of all claims for damages maximum limit is set. This limitation of liability does not apply if the damage was caused, caused or caused by TEFONIX UG intentionally or through gross negligence.
6.2. Liability for damage of any kind caused by emergency calls is excluded.
6.3. Otherwise, TEFONIX UG is only liable for gross negligence or intent, unless it involves a violation of a material obligation Contractual obligation (so-called cardinal obligation). In the event of a slightly negligent violation of a cardinal obligation, liability is limited to the amount limited to such contract-typical damages that were reasonably foreseeable at the time the contract was concluded.
6.4. The liability of TEFONIX UG for guaranteed properties as well as according to the provisions of the Product Liability Act and for personal injuries (Life, body, health) remain unaffected by the above regulations.
6.5. To the extent that TEFONIX UG's liability is effectively excluded or limited, this also applies to the personal liability of employees, the other employees, bodies, representatives and vicarious agents of TEFONIX UG.
6.6. TEFONIX UG's performance obligation only applies if TEFONIX UG itself makes the necessary advance payments in accordance with the contract and on time was delivered and has not breached any related duty of care. In the event of disruptions in performance due to force majeure, TEFONIX UG will exempt from the obligation to perform in any case.


7. Fees, changes to fees and general terms and conditions
7.1. TEFONIX UG is entitled, at its reasonable discretion, taking into account general market developments (in particular internal wholesale prices), adjust the prices at any time with effect for the future. This applies in particular if the purchase prices of TEFONIX UG change.
7.2 TEFONIX UG provides the customer for the respective service on a calendar-monthly basis - the basic and package price,
- the usage-dependent connection fees, insofar as they are recorded in the provider's billing systems by the end of the calendar month,
- the other usage-dependent and usage-independent fees (e.g. for additional services)
- the other fees listed in these General Terms and Conditions or in the price list, insofar as these are charged or incurred
in accordance with the applicable price list and shows the statutory value added tax included therein. are the basis of the contract the gross prices shown in the price lists. TEFONIX UG strives to always pass on the cheapest prices to customers. The prices always arise in a transparent form from the currently valid price list.
7.3. TEFONIX UG is entitled to change these terms and conditions. If the change leads to a worse situation for the customer, a change is only permitted under the condition that TEFONIX UG informs the customer of this at least six calendar weeks before it comes into force. The customer can Object to the change within four calendar weeks of receipt of the notification, otherwise the change is deemed approved. Hereon TEFONIX UG expressly points this out again in the communication.


8. Arbitration Procedure
8.1. Customers in a dispute with TEFONIX UG regarding the fulfillment of an obligation provided for in Sections 43a, 45 to 46 Paragraph 2 and Section 84 TKG opposite, can initiate arbitration proceedings by submitting an application to the Federal Network Agency.
8.2. The Federal Network Agency regulates the details of the arbitration procedure in a Arbitration regulations that she publishes.

9. Maintenance and troubleshooting service TEFONIX UG offers its customers the opportunity to use its customer center via email from Monday to Friday from 10 a.m. to 6 p.m Report faults to support@tele33.de. Outside these times, disruptions or support requests can be submitted via the ticket system at https://tele33.de/support.php.

10. Final provisions
10.1. The customer can only transfer rights and obligations from this contract to a third party with the prior written consent of TEFONIX UG.
10.2. The use of TEFONIX UG is excluded in those countries in which the use of the services of TEFONIX UG prohibited or prohibited by law or otherwise.
10.3. The law of the Federal Republic of Germany applies exclusively between the customer and TEFONIX UG between domestic persons to the exclusion of the UN Convention on Contracts for the International Sale of Goods applies, unless mandatory law prohibits the applicability of one other legal system requires.
10.4. The place of jurisdiction is Siegburg.


ATTACHMENT

I. Requirements for use - Internet access
In order to use tele33, a suitable broadband internet connection is necessary required bandwidth and the required transmission speed can be achieved in order to establish the telecommunications connection to be transmitted in virtual real time. As a rule, European DSL or cable network connections meet these requirements. Furthermore, a TEFONIX UG-compatible VoIP device or corresponding VoIP software is required. The following technical conditions Internet access must be met in order to be suitable for use with TEFONIX UG:

- For use, each required voice channel must have at least a bandwidth of 100 kBit/s (both upstream and downstream) are available for the duration of the connection.
- To avoid impairment of voice quality, internet access should not be enabled Have packet loss greater than 0.1% or latency greater than 200 ms. As a reference point TELE33.de applies for measurements regarding latency.
- Furthermore, all ports must be available on the Internet connection. Internet connections that come through Upstream devices (routers, firewalls, etc.) that do not provide all ports are not considered suitable internet connections. Upstream devices (e.g. firewalls, routers or WLAN routers etc.) must be configured to allow the use of Tele33.


II. Service descriptions tele33
The following service descriptions regulate the conditions for using the tele33 services described. If and to the extent If the customer has to pay a fee for the following services, this fee is in the current version of the tariff list regulated. The general terms and conditions for the use of TEFONIX UG apply (hereinafter: TEFONIX UG General Terms and Conditions).
Table of Contents
1. tele33 Account
2. General performance characteristics
2.1. General features for VoIP connections from tele33
2.2. Phone numbers
2.3. Connection services
2.4. Basic services
2.5. Online access
1. tele33 Account

TEFONIX UG assigns the customer a so-called tele33 account within the framework of the legal and contractual provisions. This contains all the data relevant to the contractual relationship between the customer and TEFONIX UG. As part of this account TEFONIX UG also manages the customer's credit account.
2. General performance characteristics
2.1. General features for VoIP connections from tele33
2.1.1. TEFONIX UG provides the customer with a VoIP connection within the scope of technical and operational possibilities. The connection enables the customer to connect to a SIP server via suitable Internet access via SIP based on RFC 3261.
2.1.2. SIP servers have a minimum availability of 95% averaged over 365 days a year. The SIP server is considered available, if the customer can establish a connection to the server. Maintenance, installation and conversion times are explicitly included in the calculation excluded from SIP server availability. Due to the technical conditions of other telecommunications networks provided by the customer The Internet connection used and its other hardware and software may limit transmission quality and availability. These can potentially lead to restrictions that are beyond the control of TEFONIX UG. TEFONIX UG is not responsible for these restrictions.
2.1.3. The current price list for connection fees is available on the Internet at www.tele33.de ready for retrieval.
2.2. Phone numbers
2.2.1. TEFONIX UG assigns customers a so-called “TELE33 phone number” if required.
2.2.2. Customers with residence or company headquarters in the Federal Republic of Germany will receive one upon request individual, geographical TEFONIX UG telephone number corresponding to the place of residence or company headquarters is assigned, insofar as this is the case for TEFONIX UG is available. These TEFONIX UG numbers can be reached from the public telephone network. After termination of his contract with TEFONIX UG, the customer can use this TEFONIX UG Have the phone number activated with another service provider (phone number porting).
The number porting from and to TEFONIX costs 25 euros.
2.2.3. If necessary, the customer receives a SIP number in addition to his TEFONIX UG connection, which ensures accessibility from other TEFONIX UG connections. This SIP number cannot be reached from public telephone networks.
2.3. Connection services
2.3.1. A TEFONIX UG connection can be used to receive telecommunications connections and connections to others TEFONIX UG connections and into the public telephone network. The probability of passage for this Connections is 97% in annual average.
2.3.2. The connections to certain number lines (e.g. value-added and directory inquiries services) can be made within the framework of the Internet telephony cannot be carried out via the TEFONIX UG network. A list of excluded services is provided available at www.tele33.de.
2.3.3. The establishment of connections to geographical dial-in numbers for access to the Internet is excluded.
2.3.4. Emergency calls to the numbers 110 and 112 are NOT possible and will not be forwarded to the rescue control center. Further information can be found under Notes on making emergency calls.
2.3.5. TEFONIX UG reserves the right to protect against misuse and in consideration of the customer's interest of consumer protection to block individual destination numbers, groups of destination numbers or destination countries. A list about TEFONIX UG will immediately provide all corresponding blocks or restrictions, if these have been set up, upon request available.
2.3.6. Dialing a phone number is not permitted if the person called is not connected it is desired or it is known that the connection is made by the called party through technical precautions or on their part Instigation by third parties is prevented.
2.4. Basic services
TEFONIX UG also offers the customer additional related services:
2.4.1. Call number suppression
2.4.2. CLIP phone number display
2.5. Online access
Access to the TEFONIX UG website is generally available 24 hours a day. However, TEFONIX UG assumes neither Guarantee for uninterrupted accessibility and uninterrupted availability of all of the following functions:
2.5.1. Call logs
2.5.2. Invoice online
2.5.3. Individual connection proof


III. Instructions for making emergency calls

Since TEFONIX UG cannot localize the locations of the customer's extensions and these may be distributed worldwide, The problem of location localization arises from emergency call signaling.
For this reason, NO emergency calls can be made via any of TEFONIX UG's services.