General terms and conditions of MDTel GmbH for the provision of telecommunications services
1.1 These General Terms and Conditions (GTC) apply to contracts between MDTel GmbH (hereinafter referred to as the provider) and the contractual partner (hereinafter referred to as the customer), for telephone services as well as services related to these.
1.2 The provider provides his service in accordance with the following terms and conditions.
1.3 The provider is entitled to change or add to these terms and conditions at any time. The provider notifies the customer of changes via the website www.cloufon.de. The changes are considered accepted if the customer does not object to the announced changes in writing within one month. These terms and conditions apply exclusively to the contract; other conditions do not become part of the contract even if they are not expressly contradicted.
2.1 After successful registration, the provider enables the customer to make calls and send messages via the provider's network. The provider operates the necessary technical facilities for this service.
2.2 Video telephony and the sending of messages are free of charge and only to other registered customers within the provider's network with the corresponding software.
2.3 The service also forms a telephone service for connections outside the provider's network, which depends on whether the customer has previously paid the fee to be calculated for the service on the basis of a credit account. The provider grants the customer the right to use the service at the rate applicable at the time of the connection up to the amount of the credit account.
2.4 The prerequisites for using the service are a suitable broadband internet connection and the corresponding access software and access hardware which are not provided by the provider. The provider is released from the obligation to perform if the customer does not have a corresponding broadband internet connection and the corresponding access software and access hardware. The broadband Internet connection must be approved for Internet / video telephony (i.e. standard definition).
2.5 In addition, the service can be reached via a geographical number from the landline and mobile networks. The prerequisite for this is that the customer can successfully establish a connection via the connection he is using. The connection from the customer connection to the service provider's switching platform is not part of the service and can trigger a charge obligation to the customer's connection provider for the geographical access number. The service described under point 2.2 is not possible when using a geographical number.
2.6 It can happen that the provider's services are not always available and telephone connections cannot always be established (e.g. due to maintenance work or technical problems).
2.7 Insofar as the provider provides free or discounted services, the customer has no claim to their provision. The provider is authorized to discontinue, change or only offer free or discounted services at any time for a fee. This does not result in a reduction, reimbursement or compensation claim.
2.8 In principle, the provider does not offer access to emergency and special services. The customer must use an alternative communication option to make emergency calls or to reach emergency / special services. The provider assumes no liability whatsoever when attempting to make emergency calls or to reach emergency / special services via the provider's service.
2.9 The use of call by call and preselection services is not possible.
3.1 With the registration of the customer via the registration forms made available in the online portal www.cloufon.de, the contract between the provider and the customer is concluded, provided that the provider does not object to the registration within three working days.
3.2 The customer assures that the information provided by him during registration about his person and other circumstances relevant to the contract is complete and correct.
3.3 The contract ends automatically when the customer's credit account is used up or the customer has not used the service for more than 12 months. In this case, the remaining credit will not be reimbursed.
3.4 The provider has an extraordinary right of termination without notice if the customer commits a significant breach of contract and does not immediately omit or reverse this behavior despite being requested to do so. This includes in particular, but not only a violation of the provisions 3.2, 4.1, 4.2, 4.3, 10.3, 10.4 of this contract, the use of the services of the provider in an illegal manner and / or the manipulation of the technical devices and facilities of the provider.
4.1 The customer is obliged to use the provider's services only in accordance with the law.
4.2 The customer is obliged not to violate any third-party property rights (e.g. copyrights, database rights, trademark rights, patent rights, etc.), to use the provider's services to disseminate immoral or illegal information and not to disseminate any content that is offensive, defamatory or inciting people. If the customer violates the above obligations, the provider is entitled to take measures to prevent legal violations.
4.3 The customer has to treat the access data to the online portal confidentially and is not allowed to bring them to the attention of other users in his own interest or to allow access to it lightly 4.4 The provider expressly reserves the right to switch off the customer's service without notice if there is a risk of significant, lasting disruptions in the provider's network.
4.5 The provider would like to guarantee its customers that the services offered will function smoothly. For this purpose, the customer allows maintenance windows in which the availability of the services may be restricted.
5.1 The customer must also pay the fees that have arisen within the scope of the access and use options made available to him through authorized or unauthorized use of the services by third parties, unless the customer can prove that he is not at fault.
5.2 The provider points out that all data can be transported unprotected and unencrypted via the customer's Internet. The customer must take suitable measures to minimize the risk of unauthorized third-party access to his computer systems and data and, if necessary, seek appropriate advice in this regard. Liability on the part of the provider is excluded.
5.3 The customer is responsible for any use under his access data and password, or through the use of the telephone connection whose telephone number has been activated as agreed. This also includes the unauthorized use of his password or his telephone connection by third parties, insofar as the customer has made this possible in an attributable manner.
6.1 The credit is due upon registration. The customer can freely choose the credit amount from the available amounts. This amount is transferred to the customer's credit account in accordance with 6.2. credited.
6.2 All payments are only accepted via the online portal www.cloufon.de with the payment options specified there. In the case of bank transfer, the credit amount is usually credited to the customer within 2-3 working days after receipt of the money by the provider.
6.3 The provider is entitled to adjust the prices at any time according to market requirements and in particular changes in purchase prices. . The provider is also entitled to charge additional fees in addition to the minute tariffs. Before each use of the service, the customer must find out more about the current price list on the www.cloufon.de website.
6.4 The assignment of claims of the customer against the provider to third parties is excluded.
6.5 If the provider incurs costs for returned direct debits for which the customer is responsible (e.g. insufficient funds in the account, errors in specifying bank details, etc.), these costs will be charged to the customer account or if there is no or insufficient credit left billed separately.
7.1 Unless otherwise stated below, claims for damages against the provider are excluded if the cause of the damage is not based on intent or gross negligence.
7.2 If the provider violates a cardinal obligation or an essential contractual obligation through slight negligence, the obligation to pay compensation is limited to the foreseeable damage typical for the contract.
7.3 As far as the liability of the provider is excluded or limited, this also applies with regard to the personal liability for damages of the employees, workers, employees, representatives and vicarious agents of the provider. The supplier is free to object to contributory negligence on the part of the customer.
7.4 The provider is not liable for damage caused or caused by unauthorized interference in the telecommunications network of the provider, the technical equipment or the network infrastructure. The provider is also not liable for damage due to faulty, improper installation, operation or treatment of the devices, software or system components required for the use of the service by the customer or third parties commissioned by him, as well as for damage caused by failure to observe or comply with the service descriptions or other product information provided information and provisions have arisen.
7.5 The provider is not liable for the improperly used broadband Internet connection by the customer or third parties commissioned by him.
7.6 In the event of failures due to a disruption outside the provider's area of responsibility, the customer shall not have any claims against the provider. Until the disruption no longer exists, the provider is released from fulfilling his contractual obligations.
7.7 The provider is not liable for financial losses resulting from an interruption or disruption of the service.
7.8. Liability on the part of the provider for gross negligence or injury to life, limb and health is not excluded.
8.1 The provider reserves the right to adjust the fees accordingly in the event of a change in statutory VAT. The customer's consent is not required.
9.1 The provider collects and processes the customer's data in accordance with European data protection regulations, in particular the General Data Protection Regulation (GDPR).
9.2 The customer agrees that the data provided may be stored and processed in accordance with the General Data Protection Regulation (GDPR), insofar as this is necessary for the execution of the contract.
10.1 Should individual provisions of these terms and conditions be wholly or partially ineffective or contain loopholes, the validity of the remaining provisions remains unaffected.
10.2 Changes, additions and side agreements must be made in writing. The written form can only be waived in writing.
10.3 The contractual relationship and all related actions are exclusively subject to the law of the Federal Republic of Germany. The UN sales law and German international private law are excluded.
10.4 The user undertakes not to use the services on the territory of the United States of America (USA). US citizens are not permitted to use these services.
10.5 The user undertakes not to use the services in those countries in which the use of the provider's services is not permitted.
10.6 The place of jurisdiction is Eschborn. The German version of the General Terms and Conditions is legally valid.
Eschborn, April 2021
Handelsregister: HRB 96306, Amtsgericht Frankfurt am Main