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General Terms and Conditions


Please note that you can find here the general terms and conditions, for the Free Time Telecom GmbH products and services.


Terms and Conditions for Prepaid SIMcards from FreeTime Telecom GmbH: valid from 01.01.2011


1. General
1.1. FreeTime Telecom GmbH ("FTT" called) provides its mobile services ("the Services") through the use of prepaid SIMcards under the following terms and conditions ("Terms") which the contracting party ("Customer") accepts by placing the order, directly with FTT or one of FTT’s appointed retailers (“Partners”) and by accepting and/or using the SIMcard which initiates a contract ("pre-paid contract") between the Customer and FTT or her retailers.

 

Non standard terms and conditions are excluded, even if FTT does not contradict them explicitly. These general terms are supplemented by product- or service-specific regulations, which will be handed out to the customer or can be found on the on websites of retail partners or on www.freetimetele.com

1.2. These Conditions are valid from 01.01.2011 for all completed prepaid mobile phone contracts.
1.3. FTT and partners are entitled to send the customer the contractual obligations in question by sending messages to the customer's designated address, e-mail address or a text message via the FTT short message service ("SMS").

2. Contracting and contract duration
2.1. The prepaid services between FTT and the customer are initiated as a result of an order by the customer using the FTT web shop (online) and by FTT either by handing a SIMcard through partnerships or by accepting delivery by mail.

A contract will also be initiated if the customer accepts an already activated SIMcard, uses this SIMcard for making phone calls or other communication services.

2.2. FTT and the partner provide the customer with a mobile phone card. The ability to use the SIMcard in the FTT networks, its partner network operators and  mobile network operators,  will be granted at the request of the customer (through customer activation).


2.3. FTT may refuse to accept the customer's requirement for services if a serious cause, i.e. the customer makes false statements, that are grounds to suspect that the customer intends to misuse the services.


2.4. Customers can pay the SIM card by bank transfer, direct bank transfer or be paid by credit card. The credit card account the customer will be charged when completing the purchase.

3. Scope of the services
3.1. The contents of the prepaid contract between FTT or her retailers and the customer is based solely on the contents of the (online), order form, the current performance of contract descriptions and price lists as well as these Terms. The service descriptions and price lists that are visible and accessible on the websites of partner or www.freetimetele.com  are on request, handed to the customer. Changes made in compliance with statutory requirements and the customer will be published.

 

3.2. FTT provides the customer with the SIMcard with one ICCID code and a corresponding personal unlock code ("PUK"). The customer at activation will get one or more mobile telephone numbers as well as two personal identification numbers ("PIN") and another corresponding personal unlock code ("PUK").

 The SIMcard and PIN are required for access to the FTT wireless infrastructure and to use GSM and UMTS mobile networks. The PIN and / or PUK can be used for identification of the customer.


3.3. Customers must accept changes of phone numbers if they are caused by actions or decisions of the Federal Network Agency in respect of FTT and the network providers according to § 43 Telecommunications Act, and the adopted procedural rules, these can be economic or legal constraints that are not otherwise solvable with reasonable effort or if re-allocation is required on the basis of incorrect information provided by the customer. FTT announces the change of phone number at least two months in advance.


3.4. The performance of FTT’s mobile services  are depending on the reception and transmission ranges which are limited by FTT’s, in the Federal Republic of Germany, used cellular network. In addition, the customer as part of the offer of FTT, is entitled to use connections abroad and connections on foreign mobile networks, provided that FTT under their own agreements or the agreements on international roaming with their network providers, supports this service offering and that it is technically possible.

For connections abroad and from abroad are the respective price lists for prepaid roaming of FTT applicable. In the event of a claim of so-called reverse-charge calls (callback, R-CallbyCall etc.) the customer has to pay all charges that were made from his mobile phone for the connection.


3.5. FTT also provides coverage in confined spaces, however FTT cannot guarantee the coverage, as these may be affected by the specific structural conditions.


3.6. FTT reserves the right, on details and circumstances of the supporting network operators, to limit temporarily the services with a view to the capacity of the mobile radio system. Temporary disturbances, limitations or interruptions to services may also appear in emergency and disaster situations, by atmospheric conditions and geographic conditions as well as radio-technical barriers, interruptions of the power supply or because of technical changes to the systems of FTT’s  partner network operators (such as improvements to the network, relocation of the locations of facilities), due to other measures (such as maintenance, repairs, etc.) that are required for proper or improved provision of services, or for reasons of force majeure (including strikes and lockouts).


3.7. Section 3.6 applies to disturbances, limitations or interruptions of telecommunications systems of third parties, which are used by FTT to meet the obligations of the customer relationship.
3.8. Within the mobile network coverage of FTT’s partner networks, FTT offers the customer various transmission technologies (eg GSM and UMTS) to use. The spread of mobile communication technologies is different. Depending on the carrier technology, the customer may need to have special devices; single-band devices are only limited compatible.



4. Additional services
4.1. FTT offers additional prepaid services, the customer is entitled to use these additional prepaid services, which are covered in separate terms and conditions, service descriptions and price lists marked as such The customer can under a separate contract take advantage of these additional services.


4.2. For additional prepaid services, FTT provides separate terms and conditions, service descriptions and price lists in particular, possibly with different contract periods and cancellation options. Additional changes to a prepaid service which are unfavorable to the customer (eg, service restrictions or price increases) will not entitle the customer to terminate his pre-paid mobile contract.


4.3. Additional services provided by partners, will create a direct contractual relationship between the customer and the partner. The partners are in the service descriptions or price lists indicated. The performance of FTT is limited here to the provision of technical access to the terminal equipment of the cooperation partner and the management and collection services. Failures of the devices used by the partners and for the fulfillment of its obligations shall not be liable to FTT.

 
5. Payment obligation of the customer and payment of prepaid credit account
5.1. The FTT-services covered in the contract and the contracts for the additional services are paid in advance by the customer and the customer is thus obliged to pay. He can use the services of the contract and the additional services only if a sufficient balance on the FTT in the framework of his contract is set up via the mobile individual credit account ("prepaid credit account") is available.


5.2. The provision of the service charges according to current price list - brought exclusive of sales tax deduction - depending on the tariff chosen by the customer will be deducted from the prepaid credit account. Ongoing connections are interrupted during consumption of the prepaid credit immediately. The customer will, however, given notice to the consumption of credits, if it fell below a level of 2.00 €. FTT may further increase the prices with the statutory sales tax rate to the customer, so that the usage-based and usage-independent prices are deducted against local rules.


5.3. The customer payments to the prepaid credit account, the customer - where available, can be made  payable to FTT, in the form of "charges" as follows: (a) an electronic charging system, (b) by direct debit on the customer's behalf to the credit card, (c) redemption of a so-called "e-vouchers" or (d) by bank transfer / cash deposit to the account specified in the contract, stating the mobile  number in use by the customer.


5.4. Payments received without or with an incorrect use (phone number) on the bank account can not be processed as a charge to the prepaid account.


5.5. If the customer uses a wrong mobile number that belongs to a different customer it can not be ruled out that the owner using  the “wrong” number, will be given the recharge. In this case, FTT will not liable for any credit, besides the amount that is still present at the moment in which FTT is informed by the customer on the wrong transfer. If the customer has used a, not assigned phone number, the paid amount will be returned and will be available to the customer.


5.6. When a recharge is made by credit card, the booking on the prepaid account balance is made immediately after the particular credit card company authorizes the appropriate amount. When charging by bank transfer / cash deposit, the booking is made after receipt of payment on the account of FTT or partner. Upon redemption of an e-voucher to the customer’s mobile number, the nominal value of the e-voucher will credited to his account in minutes.


5.7. For any lack of funds or due to the fault of the client or the fault of the account-holding bank / bank direct debit is returned, the mobile service provider collects a fixed amount as per price list for the chargeback. If there is no debit authorization, then FTT, for the cost of administrative overhead in managing the process may charge a lump sum payment pursuant to the price list for each payment transaction to be handled.


5.8. Upon termination of the customer relationship by the customer or FTT the remaining balance, under deduction of the transfer charges,  will be made available by bank transfer to the account of a German financial institution. 


5.9. A invoice for charging the mobile phone card, by bank transfer / credit card will be created upon written request or request by e-mail of the customer, stating the recharge date and the amounts. For the creation of the invoice a processing fee will be charged according to price list. Creating an invoice later than 80 days after the charge under section 11.4 is not possible.


5.10. The client may raise objections to the withdrawal of amounts from his prepaid account within eight weeks after each withdrawal. A review based on single data connection is only possible if the customer has chosen to contract the customer a complete storage of traffic data.

6. Prepaid credit account
6.1. FTT allows customers to retrieve the account balance of the prepaid account balances. The specification of the credit account balance is not binding and does not constitute a separate claim by the customer for FTT services for the same amount.


6.2. It is a day-definite settlement.


6.3. In the event of loss of mobile phone card the respective remaining balance after cancellation of the old card can be transferred at the request of the customer to a mobile phone card purchased at new from FTT. For this, FTT will charge a service fee as per price list.


7. Rights and obligations of the credit card holder when charging on credit card
7.1. The rights and obligations under the prepaid contract are independent of the rights and obligations of the credit card transactions. All complaints and objections from the prepaid contract are to be clarified with FTT.


7.2. The automatic recharge by credit card may, stating the credit card number and phone number of the prepaid mobile phone contract, may be revoked in writing to FreeTime Telecom GmbH, Koblenzer strasse  97 in Löhne, Germany, or towards the partner. Usage from the moment of reception of the cancelation of the automatic recharge will not be reversed. FTT will receive a confirmation with regard to any revocation with the appropriate credit card company.

8. Customer's obligations in dealing with user ID and "PIN"
8.1. The customer has to keep his personal identification numbers (PIN), and VoIP password secret so that the unauthorized use of the card by a third party, or a misuse of personal information that is stored on the mobile phone card can be avoided. The customer will change his PIN immediately if he suspects that unauthorized third parties have gained access it.
8.2. The customer has to inform FTT about loss, theft or unauthorized use by a third-party of the PUK and PIN, immediately.

9. Customer's obligations in dealing with the wireless card
9.1. The SIMcard will be given to the customer for contractual and functional use. It remains the property of FTT and upon termination of the contract the customer has to dispose it environmentally friendly, or it has to be returned upon request at FTT. FTT may at any time exchange the SIMcard for a replacement card.


9.2. The SIMcard is retained by the customer carefully, so that misuse and loss can be avoided.


9.3. The customer has report to FTT the loss, theft or unauthorized use of the SIMcard immediately.


9.4. The customer has to report to FTT immediately, any change of his name, residence or place of business or billing address, the legal status of his company and in case of change in the authorization issued to debit his bank account and in case of payment via credit card, changes in  credit card number and validity. This may done in writing, by e-mail or by calling the customer hotline. Each change in the above information has to be accompanied by the customer password or in case of in written communications - by submitting a copy of the identity card or passport.


9.5. The transfer of the SIMcard  to a third party is only permissible if the third party against FTT makes himself known by an official identity document with address information (identity card or passport) and gives a written declaration of the transfer.


9.6. The customer may not use his SIMcard in switching or transmission systems, forward the connections to or from a third party (voice calls or data transmissions).


9.7. The client is not permitted to market the mobile services of FTT for commercial purposes to third parties, without having an explicit prior written permission of FTT. This rule also applies to the case that only parts of the mobile services are concerned.


9.8. The customer agrees that on the basi of the prepaid contract, the SIMcard will be used exclusively for the use of contracted services as an end user. Any further or commercial use of its prepaid SIMcard (s) for the provision of (mobile) services to third parties without the express written prior approval of FTT will forbidden.

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9.9. The customer is especially forbidden to use the SIMcard for the following purposes:


9.9.1. Provision of interconnection services of any kind between the mobile network of the FTT partners and other public telecommunications networks or IP and / or


9.9.2. Interfacing operating telephone systems or data networks (LAN / WAN) using so-called GSM Gateways (SIM boxes, Least Cost Router) to the mobile networks of the FTT partners.


9.9.3. The customer may not make connections, in order to facilitate third-party payments.

10. Indemnity and Limitation of Liability
10.1. For financial losses, which are not the result of a body, health, life or property damage, FTT will be liable under § 7 of telecommunications customer protection ordinance up to an amount of EURO 12.500,00 per customer. Jointly to all injured parties, the liability of FTT will not exceed ten million EURO (Euro 10.000.000,00) for each event causing damage. The liability limit to the amount does not apply if the damage was caused deliberately. If the compensation has to be made to several persons for the same event an the damage exceeds ten million Euro (EUR 10,000,000.00), then the liability will be reduced in proportion to the total of all claims for damages to the maximum limit of ten million Euro (EURO 10.000.000,00).


10.2. In cases (a) a breach of duty or (b) the culpable violation of a contractual obligation (cardinal obligation) in the contractual obligations of FTT, FTT shall be liable, subject to clause 10.3, but limited to, on the size of the typical damage that could nor reasonable be foreseen at the moment that FTT entered into contracts with third parties up to a total of Euro 12.500,00 and to the total number of victims to the maximum amount of ten million Euro (EURO 10.000.000,00) per event causing damage limited. Section 10.1 sentence 3 and 4 shall apply accordingly.


10.3. Otherwise, FTT is liable to the customer (a) under the Product Liability Act, (b) in a negligent breach of duty by FTT and an intentional or negligent breach of duty by a legal representative or agent of FTT for injury to life, limb or health, and (c) in a grossly negligent breach of duty by FTT or an intentional or grossly negligent breach of duty by a legal representative or agent of FTT for damages within the restrictions of the common law.


10.4. In addition, the liability of FTT - on whatever legal grounds, in the case of illicit usage- is excluded.


10.5. The customer is obliged to take reasonable measures to prevent damage and mitigation.


10.6. In each case of culpable violation of the customer to paragraphs 9.6, 9.7, 9.8 and 9.9, the customer owes FTT a penalty in the amount of EURO 1.250,00 per act of breach of contract and / or handover of the SIMcard  to a third party. If the customer is a legal person, who is liable for the penalty claim, then in addition to the legal person also its legal representative body may be seen as a debtor, except that the non-conforming use of the SIMcard is done without his knowledge or intent. FTT reserves the right to assert against the side of the penalty against the further paragraphs 9.6, 9.7, 9.8 and 9.9 infringing customer claims. A contractual penalty paid shall be credited against compensation claims from FTT.

11. Privacy, secrecy of
11.1. FTT and/or the partner who has established the pre-paid contract, may collect, process and use the inventory and traffic data (§ 96 para 1 Telecommunications Act) and the usage data (§ 6 para 1 Teleservices - Data Protection Act) of the customer as part of the purpose of the contractual relationship as well as in other cases, as far as legal requirements for data collection, processing, order or use are permitted or if the customer is in agreement. FTT and the partners may also process the inventory data and produce advise to the client, to advertise its own products and for market research.


11.2. FTT and partners may also use the customer's consent to the establishment and maintenance of telecommunication and stored traffic data for payroll, for the marketing of telecommunications services for the customized design of telecommunications services or to provide value added services. The customer can withdraw consent against FTT and / or partner at any time in writing.


11.3. FTT and partners will delete the existing data no later than midnight of the termination of the customer relationship following calendar year, unless the law or require the prosecution of claims for a longer storage.


11.4. The above-mentioned traffic information is completely stored within the existing statutory retention periods. The expiration of the period corresponds to the date on which the bill would be created if it would be a fixed-term contract. Notwithstanding, the data requested by the client either a) immediately erased or b) for a maximum period of six months while for shortening the target number ,the last three digits are stored. The type of storage is to be ticked on the order form in the space provided. The deletion can be waived if the customer has raised objections to the deletion from the credit amount. If the data are shortened or deleted prematurely at the request of the customer, FTT is exempted in case of a dispute by the customer to the extent of the burden of proof to prove the correctness of call credit.


11.5. The customer is not entitled to receive an itemized bill. At the written request of the customer and an additional payment according to the price list can FTT create an itemized bill, unless the customer has requested the immediate deletion of its traffic data.


11.6. If the customer uses services of other network operators, the traffic data of the customer will be sent for the billing statement to external agencies.

12. Requirements for terminal equipment
12.1. The client may use only such devices of which the functionally, according to the underlying instructions, are approved for use in the FTT and partner mobile networks and can not cause problems in the FTT or partners networks or other telephone networks. The customer is aware that not all devices will facilitate all the services offered by FTT.


12.2. When the customer purchases one for exclusive use in FTT-mobile network specific cellular phone ("terminal with a SIM-lock") he is obliged, during the vesting period ("SIM Lock") to use the SIM-locked device exclusively in the FTT-mobile network. Standard usage of the FTT networks and SIMcard will require a terminal which is SIM Lock free.

13. Contract Term / Termination
13.1. The contract runs for an indefinite period and may be terminated by either party of one month's notice. FTT may terminate the contract, in particular if the customer has not made deposits for 13 months, no charges have been made for at least six months and there has not been a fee-based use.


13.2. The right to extraordinary termination for good cause remains unaffected.


13.3. An existing negative balance at the termination of the contract will be billed to the customer separately.

14. Number Portability (MNP)
14.1. The customer may, after termination of the use of the FTT-based mobile services, port his mobile number including its voice mail number to another service provider (Number Portability). FTT will charge a fee for this, as is given in the current price list. The fee is paid by direct debit from your account. The number transfer is therefore only possible if on the implementation date, a sufficient amount on the credit account is available. The customer must have submitted a notice of termination against FTT and the customer must have signed with the new service provider a contract that provides for an effective number portability. Both statements have to be submitted by the person for whom  the relevant telephone number was registered, no later than 31 days after termination of the contract with FTT.


14.2. In the event of any levy of the customer's own phone number to another wireless service provider FTT will provide, for technical reasons, within the last four days for a period of up to four days before the porting takes place, no services. Any liability for FTT, associated with the number portability because of missed calls or messages, or unavailability is excluded.

15. Contract amendment
15.1. FTT reserves the right to alter or amend the terms and conditions. Changes in writing to the customer, informed by e-mail or SMS, are four weeks after the release into force. Provided that FTT can not get the message in full text to the customer, FTT will inform the customer about where and how to obtain the full text of the message.


15.2. If FTT changes the contract terms to the detriment of the customer, the customer can in writing, within four weeks after the notification of change - except in the case of paragraph 15.4inform FTT about his objections. Does the customer not object to on time, the changes shall be deemed to be approved. FTT will inform the customers of this option at the moment of announcement of the change in question. .


15.3. If FTT informs the customer, that a continuation of his contract with the previous conditions is not possible, then the customer can cancel the contract within one month after the notification of the effective date of the change. The amended terms shall be approved if the customer does not exercise its termination right. FTT will inform the customers of this option at the moment of announcement of the change in question.


15.4. Notwithstanding Section 15.2 and 15.3 can FTT adjust prices for changes in the statutory sales tax rate to the effective date of the change accordingly.

16. Jurisdiction and applicable law
16.1. For disputes arising from this contract for the cases mentioned in § 47a TKG customer has the option to provide to the arbitration board of the Federal Network Agency in Bonn a request for a conciliation procedure.


16.2. Jurisdiction is Bielefeld, where FTT is also entitled to sue the customer in any other jurisdiction.

 
16.3. The relationship of the parties is subject to the laws of the Federal Republic of Germany.

17. General Provisions
17.1. Verbal agreements do not exist. Changes and additions to the contract and these conditions must be in writing.
17.2. The customer may assign claims from this customer relationship only with the prior written consent of FTT.

 

Löhne, January 2013

FreeTime Telecom GmbH, Koblenzer-Strasse 97, 32584 Löhne
Registered Office: Löhne, Trade Register: Amtsgericht Bad Oeynhausen HRB 125 81