General Terms and Conditions

(1) Offers of Systemhaus Computer-Rausch MCR e.K., Rheinstraße 45, 56593 Horhausen (hereinafter “Systemhaus MCR”) are directed exclusively to entrepreneurs within the meaning of § 14 BGB, i.e. any natural or legal person or a partnership with legal capacity, which acts in the exercise of its independent professional or commercial activity when concluding a legal transaction. Only these are customers within the meaning of these General Terms and Conditions.

(2) These terms and conditions shall apply exclusively to all offers, deliveries and services of the MCR system house, including future offers, deliveries and services. If the customer is a merchant within the meaning of the German Commercial Code (HGB), they shall also apply to all future business relationships, even if they are not expressly agreed again. The type and scope of the service owed in each case shall be agreed in a separate contract.

(3) Deviating terms and conditions of the customer shall only and exclusively become effective upon written confirmation by Systemhaus MCR. The employees of Systemhaus MCR are not authorized to make verbal collateral agreements or give verbal assurances that go beyond the content of the respective contract, including these terms and conditions.

(1) Systemhaus MCR shall provide all services exclusively on the basis of the provisions of this agreement and the respective individual contract concluded for the respective service.

(2) Orders placed by the customer shall constitute a binding offer to Systemhaus MCR to conclude a contract. Orders shall only become binding in terms of their scope and content following written confirmation by the Systemhaus MCR. A contract shall only be concluded when the Systemhaus MCR accepts the customer's binding order by delivery or performance, or when the Systemhaus MCR confirms acceptance to the customer in text form by means of a separate notification. Systemhaus MCR shall be entitled to accept the customer's contractual offer within four weeks of receipt.

(3) Systemhaus MCR reserves the right to correct printing errors and mistakes as well as minor technical changes or deviations in quality and design, insofar as these do not contradict a contractual obligation, within the bounds of what is reasonable for the customer.

(1) Unless otherwise agreed in writing, the prices are purely net prices in EURO and do not include costs for freight, transport, insurance, packaging and the legally prescribed charges, in particular the legally applicable VAT. Unless otherwise agreed, the generally valid list price of the Systemhaus MCR on the day of delivery shall apply.

(2) Invoicing shall take place upon delivery, delivery to the customer against cash on delivery, unless other written agreements have been made. In the case of delivery on open account, the entire invoice amount shall be paid within the payment periods specified in the invoices of the Systemhaus MCR system house. Discounts may only be claimed if these have been agreed by MCR in the invoice. The deduction of agreed discounts shall in any case only be permitted on condition that the customer is not in arrears with other payments. Systemhaus MCR may cancel payment terms granted or agreed by Systemhaus MCR to the customer at any time with immediate effect.

(3) The customer shall have no right of retention unless it is based on the same contractual relationship. Bills of exchange, cheques and other payment orders shall only be accepted on account of performance, without guarantee of protest and only on condition of discountability.

(4) If Systemhaus MCR becomes aware of circumstances which indicate a low creditworthiness of the customer, Systemhaus MCR shall be entitled, even after conclusion of the contract and beyond § 321 BGB, to demand immediate adequate security or payment of the claims. If the customer defaults on part of his obligations, Systemhaus MCR shall be entitled to demand immediate payment of all claims and to demand the return of the goods delivered subject to retention of title by way of security. Subject to the assertion of further rights, in the event of default Systemhaus MCR shall be entitled to charge default interest at a rate of 9% above the respective base interest rate. Systemhaus MCR reserves the right to claim higher or further damages. In the event of default in payment, all claims of the Systemhaus MCR arising from the entire business relationship shall become due immediately.

(5) Cost estimates are working time and the service is subject to a charge. The costs incurred for a cost estimate shall be invoiced separately to the customer in accordance with the generally applicable list price of the Systemhaus MCR if the customer cancels its order after the examination has been carried out.

(1) Deliveries shall be made ex warehouse for the account and at the risk of the customer. The Systemhaus MCR is authorised to deliver from a different location at any time, e.g. directly from the manufacturer's works. The respective conditions shall then apply accordingly. Partial deliveries and partial services by Systemhaus MCR are permissible.

(2) Systemhaus MCR shall not be responsible for unforeseen obstacles to performance, including on the part of upstream suppliers, and shall be entitled to cancel delivery obligations in whole or in part and to extend delivery dates appropriately. Systemhaus MCR shall only be obliged to perform within the framework of proper self-supply and shall assume no liability for the risk of procurement. This shall also apply in the event of a delay in delivery that has already occurred.

(3) Specified delivery dates are non-binding guidelines. A delivery period agreed as binding shall commence on the day on which agreement on the order is reached in writing between the customer and the Systemhaus MCR. They shall be deemed to have been met upon notification of readiness for dispatch and upon dispatch of the goods. They shall be extended by the period during which the customer is in default with its obligations arising from this contractual relationship, without prejudice to the rights of Systemhaus MCR as a result of default on the part of the customer.

Delivery dates shall apply exclusively on condition that Systemhaus MCR receives its own supplies in a proper and timely manner and that Systemhaus MCR's liability for slight negligence is excluded.

(4) If a binding delivery time has been specified or agreed and, contrary to expectations, cannot be met by Systemhaus MCR, Systemhaus MCR shall inform the customer immediately of the delay in delivery. Insofar as MCR is aware of this, the new delivery date shall be stated to the customer in this information. If the delay in delivery is due to circumstances for which Systemhaus MCR is responsible, the customer shall be free to wait for the goods or to cancel the order. In the event of cancellation, any payments already made shall be refunded immediately. Force majeure, strikes, incapacity through no fault of Systemhaus MCR or one of its suppliers and unfavourable weather conditions shall not constitute a reason for which Systemhaus MCR is responsible within the meaning of the above paragraph and shall extend the delivery period by the duration of the hindrance.

(5) Insofar as Systemhaus MCR fails to deliver the goods or fails to deliver them in accordance with the contract, the customer shall be obliged to set Systemhaus MCR a reasonable period of grace to effect performance. A period of at least three weeks shall be deemed reasonable, unless a shorter period would be sufficient due to the circumstances of the delivery item. The customer is not entitled to withdraw from the contract without setting a grace period. The risk shall pass to the recipient when the goods are dispatched, even if carriage paid delivery has been agreed and even if the goods are not dispatched from the place of fulfilment in accordance with these provisions. Transport insurance shall only be taken out at the express request and expense of the customer. If the goods are ready for despatch and acceptance or despatch is delayed for reasons for which Systemhaus MCR is not responsible, the risk shall pass to the customer upon receipt of the notification of readiness for despatch by the customer. Deliveries made available shall be accepted at the latest within 8 days of the date of notification of readiness for dispatch. If the customer does not accept the goods after expiry of this period, even within a period of grace set by Systemhaus MCR, or if the customer seriously and definitively refuses to accept the goods, Systemhaus MCR may demand compensation for additional expenses incurred or storage costs or withdraw from the contract in whole or in part.

(6) If the object of the order is not collected within four weeks of the request to collect it, Systemhaus MCR may charge an appropriate storage fee after this period has expired. If the goods are not collected within three months of the request for collection, the obligation to continue to store the goods and any liability for damage or loss of the goods caused by slight negligence shall lapse. After expiry of this three-month period, Systemhaus MCR shall be entitled to sell the object of the order elsewhere to cover its claim. Any additional proceeds shall be refunded to the customer.

(1) All deliveries and services of Systemhaus MCR shall be provided exclusively subject to retention of title. Ownership of delivered goods shall not pass to the customer until all claims arising from the business relationship have been settled, even if payment is made for specific, designated goods.

(2) In the case of a current account, the reserved right of ownership shall serve as security for the balance claim. The handling or processing of the goods supplied by Systemhaus MCR shall always be carried out on behalf of Systemhaus MCR, without Systemhaus MCR incurring any liabilities as a result. If the goods supplied by Systemhaus MCR are mixed or combined with other items, the customer hereby assigns his right of ownership and co-ownership to Systemhaus MCR and undertakes to store the new item for Systemhaus MCR with due commercial care. The customer shall be authorised to resell the goods subject to retention of title in the regular course of business if it is ensured that the claim arising from the resale is transferred to the Systemhaus MCR and the customer makes the written reservation vis-à-vis his buyer that ownership of these goods shall only be transferred to his buyer after full payment of these goods subject to retention of title to the Systemhaus MCR. In this respect, the transfer of ownership to the customer is not dependent on the complete settlement of all claims arising from the business relationship.

(3) The customer must inform Systemhaus MCR immediately of any seizure of the goods or any other legal or actual interference by third parties. (4) If the customer sells the goods, irrespective of their condition, he hereby assigns to Systemhaus MCR all claims against his buyer arising from the modification or sale up to a maximum amount of 110% of Systemhaus MCR's claims until all claims of Systemhaus MCR have been settled in full. Excluded from the assignment are those receivables to which third parties are entitled within the scope of the retention of title customary in the industry. Insofar as the sum of the customer's outstanding debts exceeds the maximum amount covered by the assignment, the assignment shall extend to the outstanding debts in the chronological order in which they arise. The customer is authorised to collect the assigned receivables upon revocation at any time. He shall be obliged to keep the amounts collected separately for the Systemhaus MCR and to transfer them immediately to the Systemhaus MCR. If and insofar as the claims assigned to the Systemhaus MCR do not reach the amount of 110% of the Systemhaus MCR's claims against the customer, the customer hereby assigns to the MCR system house its present and future claims to which it is entitled - for whatever legal reason - up to the aforementioned maximum amount and authorises the Systemhaus MCR to collect and subsequently offset them as long as and insofar as the Systemhaus MCR has claims against the customer.

(1) The subject matter of the contract is exclusively the goods sold with the properties and features as well as the intended use in accordance with the enclosed product description. Other or more extensive properties and/or features or a purpose of use going beyond these shall only be deemed to have been agreed if they have been expressly confirmed in writing by Systemhaus MCR. Systemhaus MCR cannot accept any warranty for damage caused by unsuitable or improper use or handling of the delivered goods, incorrect installation or commissioning by the customer or third parties. The warranty obligation also does not cover damage caused by wear and tear, unusual external influences, moisture, heat or cold. Systemhaus MCR shall also be released from its warranty obligation if the goods have been modified, processed or attempts have been made to rectify defects by the customer or third parties. The exemption from liability shall also apply to damage attributable to the use of third-party accessories.

(2) If the delivered goods are defective, Systemhaus MCR shall be entitled, within the framework of the statutory provisions, at its discretion to provide subsequent fulfilment in the form of rectification of the defect or delivery of a defect-free item in order to avert the customer's claim for subsequent improvement. If the subsequent fulfilment fails, the customer is entitled to reduce the purchase price or withdraw from the contract. If there is a dispute about the amount of the reduction, an expert opinion will be obtained from an expert appointed by the IHK Koblenz. In the event of cancellation, which must be declared in writing to Systemhaus MCR, the customer shall be credited the value resulting from the so-called current value calculation method (gross invoice price x ([average useful life - weighted use by the customer or third parties) ./. average useful life]) at the expense and risk of the customer, provided that the defective goods are returned.). If the customer also claims compensation for damages, this is limited to the customer's negative interest.

(3) The prerequisite for any warranty rights is that the customer properly fulfils all inspection and complaint obligations owed in accordance with § 377 HGB (German Commercial Code), provided that the customer is a merchant. Complaints can only be made in writing immediately in the case of recognisable defects, but at the latest within 8 days of receipt; in the case of defects that are not immediately recognisable, immediately after they become apparent. After expiry of this period, the goods shall be deemed to have been approved. This shall also apply in the event that the goods are not handed over directly to the customer but to a third party named by the customer or if the customer forwards the goods. Irrespective of the notification of defects, the goods must be accepted and stored properly. Warranty claims due to improperly reported defects are excluded. This also applies to notifications of defects after the warranty period has expired.

(4) In the event of an alleged defect within the warranty period, the customer must prove that the defect already existed at the time the goods were handed over to him. The lodging of a complaint shall not entitle the customer to withhold the purchase price or the agreed remuneration.

(5) The limitation period for warranty claims for the delivered goods shall be twelve months from receipt of the goods - except in the case of claims for damages. This shall not affect any claims for damages arising from injury to life, limb or health which are based on an intentional or negligent breach of duty by Systemhaus MCR or its legal representatives or vicarious agents, or claims for other damages due to intentional or grossly negligent breach of duty by Systemhaus MCR, its legal representatives or vicarious agents.

(6) Warranty obligations of Systemhaus MCR shall be limited to the subsequent fulfilment of the defective service as such and shall not include compensation for consequential damages, dismantling and installation costs or costs in connection with the installation or commissioning of items delivered by way of subsequent fulfilment, unless there is intentional or grossly negligent behaviour on the part of Systemhaus MCR.

(7) Recourse by the entrepreneur against the Systemhaus MCR for expenses for warranties arising from the purchase of consumer goods shall be excluded if these have not been made to fulfil a legally established claim by the consumer. Recourse claims shall become time-barred two years after the date of the Systemhaus MCR invoice.

(8) In the event of transport damage, an immediate damage assessment by the railway, post office, freight forwarder, parcel service, etc. must be arranged before acceptance and unloading of the goods, and a written certificate must be obtained from the office recording the damage. The customer is responsible for complying with any limitation periods, e.g. in accordance with the General German Forwarding Conditions. The customer shall be responsible for safeguarding any rights of recourse against third parties.

(9) The standard of care to be observed by Systemhaus MCR when delivering goods is that of an entrepreneur. This shall also apply in cases in which goods are supplied under Systemhaus MCR's own brands.

(10) Insofar as a guarantee is provided by the Systemhaus MCR, this shall only apply to the end consumer. The customer shall support Systemhaus MCR as far as possible in the fulfilment of the guarantee promise.

(1) Systemhaus MCR shall be liable without limitation in accordance with the statutory provisions for damage to life, limb and health resulting from a negligent or intentional breach of duty by Systemhaus MCR, its legal representatives or vicarious agents, as well as for damage covered by liability under the Product Liability Act. Systemhaus MCR shall be liable in accordance with the statutory provisions for damages not covered by sentence 1 and which are based on wilful or grossly negligent breaches of contract or fraudulent intent on the part of Systemhaus MCR, its legal representatives or vicarious agents. Systemhaus MCR shall only be liable for damage based on the absence of a guaranteed quality but which does not occur directly to the goods if the risk of such damage is clearly covered by the quality guarantee.

(2) Systemhaus MCR shall also be liable for damages caused by simple negligence insofar as the resulting damages are based on the violation of rights that are to be granted to the customer according to the content and purpose of the respective contract and/or insofar as the resulting damages are based on the violation of obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely (cardinal obligations). Liability for such claims is limited to the typically occurring and foreseeable damage.

(3) Any further liability is excluded regardless of the legal nature of the claim asserted.

(1) Goods supplied by Systemhaus MCR shall only be taken back with the prior written consent of Systemhaus MCR. The goods must be in perfect condition and in their original packaging and complete (complete, undamaged original packaging, accessories, operating instructions, complete packaging material, etc.).

(2) Goods taken back shall be credited less 10% (at least EUR 15.00) for processing and storage handling costs. The customer reserves the right to prove that Systemhaus MCR has incurred no or less damage. Special orders or customised products are generally excluded from the possibility of return. All returns to Systemhaus MCR that are made after approval by Systemhaus MCR shall be at the risk and expense of the sender. This also applies to the accidental loss of the goods. The consignments must reach the Systemhaus MCR free of all transport and transport insurance costs and any other ancillary costs (e.g. delivery charge). Returns that are delivered carriage forward or even cash on delivery will not be accepted.

(1) Systemhaus MCR observes the rules of the data protection laws and also takes the protection of personal data seriously in the interests of the customer. Personal data shall be used by Systemhaus MCR exclusively for processing the customer's order. All customer data shall be stored and processed in compliance with the relevant provisions of the German Federal Data Protection Act (BDSG), the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature.

(2) The Systemhaus MCR collects and uses the personal data of its customers and business partners only insofar as this is necessary for the fulfilment of the contract. The collection and use of personal data shall regularly only take place with the consent of the person concerned. An exception applies in cases where prior consent cannot be obtained for factual reasons and the processing of the data is authorised by statutory provisions.

(3) Insofar as the consent of the data subject is obtained for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data. When processing personal data that is necessary for the fulfilment of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures. Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis. If the processing is necessary to safeguard a legitimate interest of Systemhaus MCR or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.

(4) Systemhaus MCR shall not pass on the personal data of its customers and business partners, including the name, address and e-mail address, to third parties without the express consent of the person concerned, which may be revoked at any time. An exception to this is the forwarding of data to service partners who require the transmission of customer data for order processing. This only concerns the name, address data and, if requested, the telephone number of the respective recipient of a delivery. The data is passed on exclusively to the shipping/forwarding company commissioned in each case. In any case, the scope of the transmitted data is limited to the required minimum.

(5) The personal data of the data subject will be deleted or blocked by Systemhaus MCR as soon as the purpose of storage no longer applies. Data may also be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions. The data will also be blocked or erased if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

(6) As a person affected by the collection or storage of personal data, you have the right at any time to free information about the data stored about you, its origin and recipients, the right to rectification, blocking or erasure and restriction of processing of data, the right to data portability, the right to object, the right to withdraw consent granted and the right to lodge a complaint with a supervisory authority. You can find a detailed list of the rights to which you are entitled in the Systemhaus MCR's privacy policy at https:/www.m-cr.de/ie/datenschutz/agb-datenschutz.php.

(1) Should one of the provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace any invalid provision with a valid provision that comes as close as possible to the intended purpose of the invalid provision.

(2) Subsidiary agreements and deviating agreements require written confirmation by Das Systemhaus MCR to be legally effective.

(3) The place of fulfilment is Horhausen.

(4) In the case of contracts with merchants, i.e. customers who operate a commercial business or are categorised as merchants for other legal reasons in the German Commercial Code (HGB), as well as with legal entities under public law, Koblenz shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. Irrespective of this, Systemhaus MCR shall be entitled to sue the customer at its registered office.

(5) The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

1.1 Contractual partners
The contractual partners are M-CR GmbH (hereinafter referred to as “4-ears”), Rheinstraße 45, 56593 Horhausen (Montabaur Local Court, HRB 28094) and the client.

1.2 Subject matter of the contract and contractual provisions
The subject matter and scope of the contract are set out in the respective contractual agreement in conjunction with the service description and the Service Level Agreement. Deviating and other general terms and conditions of the client do not apply, even if 4-ears does not expressly object to them. If the client is a merchant within the meaning of the German Commercial Code (HGB), the 4-ears GTC shall also apply to all future business relationships, even if they are not expressly agreed again.

1.3 Conclusion of the contract
The contract is concluded by the mutual signature of the client and 4-ears under the client order form. The contract is subject to the condition precedent that the necessary frequencies and transmission paths are available, that any approvals from the Federal Network Agency required for the provision of the service are available, that the structural requirements and official approvals for structural measures and any declarations of consent from the owner or occupier of the property to be used are available and that the Client has sufficient creditworthiness (proven by information from one of the major credit agencies). Amendments or additions to the contractual agreement must be made in writing. This also applies to changes to this written form requirement.

1.4 Prices
The prices of 4-ears are part of the contract and can be found in the respective price lists. Unless otherwise stated in the respective price list, they are exclusive of the applicable value added tax and exclusive of the additional services of 4-ears that can be invoiced in accordance with the order and service description.

4-ears may change the terms of the contract to the extent that these changes are due to new circumstances in the statutory sales tax and regulatory changes to costs for special network access or interconnection or for services of other providers to which 4-ears provides access.

4-ears may make its services dependent on the provision and maintenance of appropriate security for the satisfaction of all claims arising from the contractual relationship at any time if it becomes known that the client is in arrears with obligations from other existing or previous contracts or if there are otherwise objectively justified doubts about his creditworthiness. The security may take the form of an interest-bearing deposit or a guarantee from a credit institution based in the EU.

4.1 Deadline for payment
The amount invoiced by 4-ears is due upon receipt of the invoice and payable within the payment term specified on the invoice, i.e. it must be received in the specified 4-ears account no later than after this number of days, stating the customer and invoice number. 4-ears offers customers the option of direct debit after issuing a direct debit authorization. The payment term is 14 days, unless otherwise contractually agreed.

4.2 Invoicing
Invoices are issued at the beginning of the following month. Basic amounts are charged in advance for the current month. All usage-dependent and pro rata amounts are processed internally with five decimal places. For reasons of clarity, the amounts on the invoice pages are rounded to two decimal places. Rounding differences may therefore occur when checking the invoice.

4.3 Delay in payment
If the client defaults on its payment obligation, 4-ears is entitled, within the framework of the provisions of the Telecommunications Act:

1. to declare all claims against the client due immediately if the claim with which the client is in arrears amounts to at least 20% of the due claims and at least EUR 75.00 and/or
2. to suspend the contractual services until the customer has paid its due liabilities and/or provided or replenished sufficient collateral in accordance with clause 3.
3. to terminate the contract without notice if the customer is in arrears with the payment of a not insignificant part of the invoice amount for two consecutive months, but at least EUR 75.00. Claims for damages by 4-ears remain unaffected.
4. to charge reminder fees of EUR 10.00 or the reminder and other default costs actually incurred. This also includes the costs incurred in the event of a direct debit on the basis of the direct debit authorization and a chargeback due to a shortfall in the customer's account. If the customer is in default, interest in the amount of 8% above the respective base interest rate may be charged for merchants, otherwise 4% above the respective base interest rate on a daily basis, subject to the assertion of further damages caused by default.

4.4 Appeals
Any appeals against the invoice must be made in writing within eight weeks of receipt.

4.5 Further payment obligation
The client is also obliged to pay the invoice amounts if a third party uses the services of 4-ears under the contract and the client is responsible for the use of the third party.

4.6 Offsetting
The client may only offset claims by 4-ears with undisputed or legally established claims.

5.1 Minimum duration
The services offered by 4-ears are subject to the minimum contract duration specified in the contract agreement and a notice period of one month to the end of the contract. If notice of termination is not given (in good time), the contract is automatically extended by one month in each case. Cancellations of the contract agreement must be made in writing.

5.2 Termination with immediate effect
Termination with immediate effect is only possible for good cause. Such a reason exists for 4-ears in particular if the client becomes insolvent or unable to pay, an application for the opening of insolvency or composition proceedings has been filed against him, such proceedings have been rejected for lack of assets, enforcement proceedings have been initiated against the client and not lifted within one month (e.g. lifting of an attachment) or other facts become apparent which justifiably indicate that the client will no longer meet contractual obligations.

5.3 Extraordinary termination
4-ears may also terminate the contract extraordinarily if, based on tangible suspicions, it can be assumed that services are being misused or even used in a criminal manner. In such cases, 4-ears may also block the client's access authorization to 4-ears services or parts thereof with immediate effect within the framework of the statutory provisions. In addition, 4-ears may terminate the contractual relationship and declare the client's outstanding payments due by the end of the contract if a necessary landowner's declaration pursuant to Section 45a TKG is not issued or is terminated by the landowner during the term of the contract.

6.1
The client is obliged to inform 4-ears immediately of any changes to their data stored with 4-ears. This applies in particular to billing-relevant data and information that may influence the technical implementation.

6.2
The client must notify 4-ears customer service immediately of the loss or unauthorized third-party use of a 4-ears SIM card in order to have it blocked. In the event of immediate notification, the customer is liable for the amounts incurred by unauthorized third-party use only up to EUR 100.00. In the event of intentional or grossly negligent causation or facilitation of use by third parties on the part of the client, this limitation of liability does not apply

6.3
The client undertakes not to misuse the services of 4-ears. In particular, the client is obliged to avoid improper use:

• not to disrupt, alter or damage the 4-ears network or 4-ears partner networks;
• not to transmit any viruses, unauthorized advertising, chain letters or other harassing messages;
• not to violate the rights of third parties, in particular property rights (e.g. copyrights and trademark rights);
• not to violate criminal law or regulations for the protection of minors;
• to use services only as an end customer to the usual extent and not to establish connections where the caller receives payments or other assets from third parties as a result of the call and/or depending on the duration of the connection (e.g. connections to advertising hotlines). This applies in particular to tariffs in which 4-ears provides services at a flat rate regardless of the direct volume of use (e.g. flat rate tariffs);
• not to use the services to make a computer permanently accessible as a server;
• not to dial any destination numbers if the customer does not wish a connection to be established;
• not to make any commercial forwarding of connections or provide interconnection services.
• When using flat rates, the customer must observe the special regulations contained in the service description. In the event of obvious misuse by the client, 4-ears reserves the right to terminate the flat rate option without notice. The minute prices agreed when the contract was concluded will then apply. The validity of the rest of the contract remains unaffected by the termination of the flat rate.

6.4
If the client violates the obligations under Section 6.3, 4-ears is entitled to take all necessary measures to eliminate the misuse. In addition, the client shall indemnify 4-ears against all third-party claims arising from the misuse. In the event of culpable breach of duty, the client is also liable to 4-ears for damages.

6.5
The client is obliged to submit a landowner usage agreement in accordance with § 45a TKG (German Telecommunications Act) insofar as this is necessary for the provision of the service by 4-ears and to maintain it during the term of the contract.

6.6
In the event of disputes arising from the contract, the client has the option of applying to the arbitration board of the Federal Network Agency using a form available there (also online, www.bundesnetzagentur.de) for an out-of-court arbitration procedure.

7.1
The client may only transfer the rights and obligations arising from this contract with the consent of 4-ears.

7.2
Wholesaler may transfer the rights and obligations arising from this contract in whole or in part to a third party, in particular another telecommunications network operator or telecommunications service provider. The Client may object if there is an important reason to the contrary (e.g. with regard to the reliability, performance or expertise of the third party).

If 4-ears or suppliers and partners of 4-ears are prevented from fulfilling their obligations due to unforeseeable events, the provision of services shall be delayed until the necessary conditions for this have been restored. The Client may withdraw from the contract if it cannot reasonably be expected to adhere to the contract due to the delay. Unforeseeable events within the meaning of this paragraph also include strikes and lockouts.

9.1
4-ears shall only be liable to the customer for damages on whatever legal grounds within the framework of the applicable laws in the event of intent and gross negligence on the part of 4-ears, its legal representatives or vicarious agents, in the event of culpable breach of essential contractual obligations and in the event of damage resulting from injury to life, limb or health as well as for liability under the Product Liability Act.

9.2
In the event of culpable breach of material contractual obligations not caused by 4-ears as a provider of telecommunications services to the public, liability is limited to compensation for typical, foreseeable damage and up to a maximum amount of EUR 7,500.00 per year. This limitation does not apply in the cases set out in Section 9.1.

9.3
However, in the case of financial losses caused by 4-ears as a provider of telecommunications services to the public that are not based on intent, liability is determined at most in accordance with the statutory provisions, in particular §44a TKG, which represents the maximum liability limit in this respect. Accordingly, the liability of 4-ears is limited to a maximum of EUR 12,500.00 per end user.

9.4
In all other cases, 4-ears is not liable.

9.5
Any damages paid by 4-ears shall be offset against any compensation for losses in accordance with the Service Level Agreement (SLA) of 4-ears.

10.1
The contracting parties undertake not to publish any information of the other contracting party or make it accessible to third parties. In particular, the contractual content, conditions and prices must be kept confidential.

10.2
4-ears reserves all rights to the “intellectual property” of the hardware, software, product information, operating instructions, training documents and other information and expressly prohibits their modification, copying or transfer in whole or in part. To the extent necessary for the fulfillment of the service, 4-ears transfers to the client a non-exclusive right of use limited to the duration of the agreement for use exclusively within the scope of this agreement.

The place of jurisdiction for all property disputes arising from this contract is the registered office of 4-ears, provided that the client is a merchant and the contract is part of the operation of his commercial business. 4-ears may also assert its claims before the courts of the client's general place of jurisdiction. Any exclusive place of jurisdiction remains unaffected by this.

11.1
Contracts between 4-ears and the customer are subject to German law to the exclusion of international private law. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

11.2
Failure by 4-ears to insist on the implementation of provisions in these GTC for any reason does not constitute a waiver of the rights affected by this or an acceptance of an amendment to these GTC.

11.3
Should individual provisions of these GTC be invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The wholly or partially invalid provision shall be replaced by a corresponding agreement that comes as close as possible to the economic content of the invalid provision or the invalid part.

11.4
4-ears will publish the range of services and service features for the public telephone service and maintenance service in accordance with § 45n TKG in a suitable form.

4-ears collects and uses your company and personal data exclusively in accordance with the provisions of the data protection laws of the Federal Republic of Germany. In the following, we inform you about the type, scope and purpose of the collection and use of personal data.

2.1 Contract data
4-ears uses and processes the data collected upon conclusion of the contract that is necessary for the proper fulfillment of the contract. The contract data includes the company name, company address, commercial register number (if applicable), tax number, bank details and the salutation, surname, first name, address, telephone and fax numbers and email addresses of contact persons in your company. During the term of the contract, data on payment processing and sales data are also processed. All contract data collected will be deleted at the end of the calendar year following the termination of the contract.

2.2 Traffic, usage and billing data
The following data is relevant for the proper provision of the 4-ears service: the telephone number or identifier of the calling party and the called connection, the service used and the start and end of the connection. Furthermore, the location identifier, SIM card number and the device number of the end device are collected. Group numbers and connection data of the group members are also stored in the virtual PBX.

2.3 Disclosure of data
Your data will not be disclosed to third parties. Unless 4-ears is obliged to do so on the basis of a legal provision or it is expressly permitted.

2.4 Advertising
4-ears does not use your data for advertising or market research purposes.

3.1
Traffic data is data that is collected, processed or used in the provision and delivery of telecommunications services. 4-ears stores this data in full or in abbreviated form for up to six months after billing for the purpose of proving the validity of the invoiced amounts. The storage takes place within the framework of the applicable legal regulations. Data that is not required to fulfill the contractual relationship or to prove the billing will be deleted immediately.

3.2
Traffic data is generally stored shortened by the last three digits for up to six months after billing. If you wish, the data can also be:

1. completely stored, or
2. completely deleted with the billing at the latest.

A subsequent review of the fee calculation is unfortunately only possible to the extent that the traffic data is stored in full. However, if traffic data has been deleted due to a legal obligation or at the customer's request (shortened storage or complete deletion), this exempts 4-ears from the obligation to provide evidence of the individual connections or the accuracy of the invoice.

3.3
If you wish to store or view itemized bills in full, you are obliged to inform other users, employees and staff and employee representatives of this in accordance with the statutory provisions, if necessary.

3.4 Itemized bill
You have the option of requesting an itemized bill in text form at any time. An overview of the calls made is also available to you at any time in the service portal.

If included in the scope of the product and requested by you, 4-ears will pass on your data for the purpose of entry in a public telephone directory; §47 of the Telecommunications Act remains unaffected. The telephone numbers are released for the reverse search (telephone information about the name and/or address data entered in public directories when the telephone number is mentioned). You can object to this at any time or limit the scope of publication.

4-ears will transmit company-related contract data and information on non-contractual processing (e.g. termination due to default of payment, requested default summons for undisputed claims, enforcement measures and connection blocks in cases of abuse) to the relevant credit agencies and obtain corresponding information from them to protect against bad debts and the risk of improper use of the services by third parties. If such data is obtained from the relevant credit agencies during the customer relationship, 4-ears will receive information about this. The respective data transfer shall only take place insofar as this is necessary to safeguard the legitimate interests of 4-ears and the interests of the client worthy of protection are not impaired.

You can request information free of charge at any time about the scope, origin and recipient(s) of the stored data, the purpose of the storage and the correction of incorrect data.

Our customer service is available to answer any questions you may have about data protection.