1.1. The contracting parties are MEGA Communications GmbH, Friedrich-Krupp-Str. 16-18, D-41564 Kaarst (District Court of Frankfurt, HRB 35035, Managing Director Necip Varol) and the customer.
1.2. Provision of the service offered by MEGA Communications GmbH (hereinafter referred to as MegaCom) takes place on the basis of these general terms and conditions (AGB). Terms and conditions of the customer which deviate from these also do not apply if MegaCom does not explicitly contradict these. MegaCom reserves the right to change or supplement these conditions of usage in the future. With every use of this service, the customer declares himself in agreement with the currently valid version of these general terms and conditions of service.
1.3. MegaCom offers telecommunications services throughout Germany. The regulations contained in the Telecommunications Act (TKG) and in these terms and conditions apply to the provision of these services. The terms and conditions in the currently applicable version can be viewed on the MegaCom Internet page, at www.telmy.com or in MegaCom business locations. MegaCom has the right to change the regulations at its reasonable discretion in consideration of the technical requirements and market conditions at any time insofar as this is reasonable for the customer.
1.4. Resale of services provided by MegaCom by the customer or third parties is not permissible without the agreement of MegaCom. If damage is caused to MegaCom by resale of services without permission, these must be made good to MegaCom to their full extent and on first demand by the customer or third party.
2.1. MegaCom offers the telmy product across the whole of Germany. The customer must register a personal credit account (user account) before using the telmy tariff. The credit account will be topped up by the customer using the payment facilities offered by MegaCom. The customer has the option of instructing MegaCom to automatically top up one of the points balances selected by himself if the points total in his credit account falls below a specified level. The customer can retract this instruction at any time. This type of automatic top-up is only possible when the debit advice and credit card payment types are used. The contract between the customer and MegaCom comes into force as soon as MegaCom has received information from PayPal confirming receipt of payment, the amount has been transferred and by successful receipt of the appropriate amount by MegaCom in the case of debit advice; in all cases, however, at the latest at the time at which the customer uses the service (telephoning-off of credit). If credit points are purchased via the telmy calling card, the contract comes into force at conclusion of the purchase contract. The credit will be calculated depending on the currently applicable tariff for the appropriate destination (call destination). The customer is not entitled to demand that all possible destinations are accessible at all times. If a destination is temporarily or permanently inaccessible, the customer has no rights to a refund of the fee paid. Different dial-in numbers are placed at the customer's disposal (e.g. 069, 0800 etc.). The customer covenants to inquire possible extra fees for the usage of the dial-in numbers of his/her provider. If the customer has not made any calls 13 months after his last use of the service, the contractual relationship will automatically be cancelled. If there is a residual credit, a processing fee of € 20 will be deducted on cancellation of the contractual relationship. If the customer has no residual credit, the processing fee will not be charged. The customer can use his user account to pay for all payable services which are offered under the telmy product.
2.2. telmy offers the customer an additional function for connecting two numbers (callback service). An assistant function is used to ask the customer to state the two numbers to be connected and the costs are then determined for this call. The customer then presses call now and the system calls the caller number (connecting number) and the recipient number after the telmy customer has confirmed. If the recipient at the recipient number then answers, the connection will be made. Since two connections need to be made for this purpose, the telmy customer must bear the cost of both connections. The first is the call made to the telmy customer (caller number) and the second to the recipient (recipient number).
3.1. If the customer has used a telecommunications device to conclude the contract for usage of telmy services, he can withdraw from the contract in written form (e.g. letter, fax, e-mail) within two weeks (the time of customer registration is decisive) without stating a reason insofar as he is a consumer. The withdrawal rights are ensured on sending of the withdrawal on time. The withdrawal must be addressed to: MEGA Communications GmbH, Friedrich-Krupp-Str. 16-18, D-41564 Kaarst. The right of withdrawal will cease prematurely if MegaCom has commenced executing the service with explicit agreement of the customer before the end of the right of withdrawal has begun, or the customer has initiated this himself (by telephoning off the credit).
4.1. The connection charges will be calculated according to the valid MegaCom tariffs which are published on the www.telmy.com website. The starting credit issued to every new customer ceases if it is not used within one week of the day of registration. The starting credit is only issued once per registered call number/per customer and is not granted during credit campaigns.
4.2. The customer is responsible for every usage which reduces the amount of credit in his user account insofar as he is liable for this. This includes all usage which the customer has permitted third parties to make. The customer must take all the necessary and normal safety measures against unauthorized and improper use of his user account by third parties within his area of responsibility.
4.3. If the payment is returned for reasons attributable to the customer, he must bear any costs caused by this. In this case, the customer is obliged to pay a nonrecurring processing fee of € 15 per returned payment in addition to the fees for the call time used. The amount of € 15 will be offset against any residual credit existing. In this case, the contractual relationship will automatically be cancelled by MegaCom and the user account will be deleted.
4.4. The customer is only permitted to transfer the rights and obligations from this contract to a third party after prior agreement from MegaCom, and only offset this with legally identified or undisputed claims and only exercise a right of retention due to such claims.
5.1. MegaCom is obliged to remedy disturbance to telecommunications services immediately within the limits of technical and operational possibilities.
5.2. MegaCom is freed of its obligation to perform in every case in the case of acts of God.
6.1. MegaCom is liable for the customer's financial losses up to an amount of € 12,500 per user and event causing losses. The liability is limited to € 10 million per event causing losses against the totality of the customers interests. If the amounts which are liable to several customers due to the same event exceed the highest limit, the compensation will be reduced in the ratio in which the sum of all damages for claims stands compared to the highest limit. The liability limitation ceases if the losses were caused deliberately.
6.2. MegaCom is only liable for itself and for its agents of vicarious liability for other customer losses (e.g. material damages or financial losses which are not caused by telecommunications services) insofar as MegaCom or its agents of vicarious liability infringe a fundamental contractual obligation (so-called material contractual obligation) culpably in a manner which endangers the purpose of the contract or if the losses are due to gross negligence or intent. If the culpable violation of a material contractual obligation was not deliberate or grossly negligent (i.e. due to minor or normal negligence), the liability is limited to the amount of such typical contractual damages which were reasonably foreseeable at the time of contract completion.
6.3. The statutory liability of MegaCom in accordance with the regulations contained in product liability laws, for damage arising from death and injury to body and health and to other compulsory legal regulations remain unaffected by the above regulations.
6.4. MegaCom is not liable for customer losses caused by acts of God or for losses which are caused by violation of the terms and conditions by the customer, especially those of his cooperative obligations.
6.5. Insofar as MegaCom's liability is effectively excluded or limited, this also applies to the personal liability of the employee, other MegaCom employees, organs, representatives and agents of vicarious liability.
7.1. The legal basis for the handling of the customer's personal data includes the German Federal Data Protection Act (BDSG) and the Telecommunications Act (TKG). Personal data will only be recorded, processed or used insofar as the affected person has consented or the BDSG, TKG or any other legal stipulation prescribes or allows this.
7.2. Data processing is, according to the above, especially permissible insofar as this is necessary for the justification and establishment of the contractual relationship (inventory data), for the execution of telecommunications services (connection data) in addition to their invoicing (account data).
7.3. MegaCom safeguards telecommunications secrecy in accordance with statutory specifications.
7.4. This website uses Google Analytics, a web analysis service provided by Google Inc. (Google). Google Analytics uses so-called cookies, text data, which is saved on your computer to enable analysis of your usage of the website. The information on your usage of this website (including your IP address) created by the cookie is then transmitted to one of Google's servers in the USA and saved there. Google then uses this information to evaluate your usage of the website, to compile reports about website activities for the website operators and to provide further services related to website usage and Internet usage. Google will also possibly pass this information on to third parties insofar as this is legally stipulated or insofar as third parties process the data on Google's behalf. Google will, however, never make a connection between your IP address and other Google data. You can prevent installation of the cookies by making an appropriate setting to your browser software. We do, however, point out that you may not be able to use all functions of this website to their full extent if you do so. By using this website you declare yourself in agreement with processing of the data created about yourself by Google in the manner described above and for the purposes described above.
8.1. The customer may only use connections to MegaCom in accordance with the regulations and to the requirements of the telecommunications laws and stipulations in the currently applicable version and with these general terms and conditions. The customer is obliged not to misuse the telecommunications services offered by MegaCom for purposes which contradict the statutory regulations or these general terms and conditions. The customer must inform MegaCom of all changes to such data necessary for the implementation of this contract. These include especially changes to the telephone connection and the telephone number, in addition to name, address and bank account. If the customer omits to give such information, he must bear the costs for determining the data insofar as these are necessary for implementation of the contract.
8.2. The customer is obliged not to use any equipment or to implement any applications which could lead to changes in the physical or logical structure of the network provided by MegaCom. In particular, he may not use any technical equipment which could result in automatic provision of a connection to MegaCom services. The customer will not use the services in a manner which is detrimental to the services provided to other MegaCom customers or which affects the security of another telecommunications network. MegaCom reserves the right to block the customer's connection against usage of MegaCom services and to cancel the contract with the customer without notice insofar as continuation of the contract due to violation of the obligations resulting from this clause is no longer reasonable for MegaCom. MegaCom will invoice a lump sum compensation amount of € 100 for every cancellation for this reason and the associated blockage of the customer. Any credit amount present will be taken into account for this purpose. The customer is entitled to verify that a lower level of loss has arisen to MegaCom. MegaCom is entitled to verify that a higher level of loss has arisen. Compensation is also due if the breach of duty was caused by a third party and can be attributed to the customer. The customer will take the necessary measures within his area of responsibility to prevent misuse during usage of services and is, in this respect, exclusively responsible for misuse himself.
8.3. Resale of MegaCom services is not permitted without MegaCom's agreement.
9.1. Place of jurisdiction is Düsseldorf insofar as the customer is a businessman.
9.2. The laws of the Federal Republic of Germany are exclusively applicable between the customer and MegaCom as they are applicable between national persons under the exclusion of the UN Purchase Law.
9.3. If individual clauses within this contract are unworkable, the remaining clauses remain valid.
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