Preamble
VR Voice GmbH (hereinafter referred to as “VR Voice”) provides its services in accordance with the following General Terms and Conditions and product-specific service descriptions. Deviating terms and conditions of the customer shall not apply even if VR Voice does not expressly object to them. In all other respects, the general statutory provisions shall apply, in particular the Telecommunications Act (TKG) and the related ordinances, even if these are not expressly referred to.

§ 1 General / Scope of application

These Terms and Conditions contain the terms and conditions that apply exclusively between VR Voice GmbH, Hauert 15, 44227 Dortmund, HRB 28434 Dortmund District Court, represented by the Managing Directors Stefan Vielberg and Karsten Raßmann, and the customer, insofar as these are not amended by written agreements between the parties. Deviating or conflicting terms and conditions shall not be recognised by VR Voice unless VR Voice has expressly agreed to them.

The customer shall be notified of amendments to these Terms and Conditions in writing by post or by e-mail. If the customer does not object to this amendment within four weeks of receipt of the notification, the amendments shall be deemed to have been accepted by the customer.

VR Voice provides its services in accordance with the following General Terms and Conditions and product-specific service descriptions. In addition, the general legal provisions, in particular the Telecommunications Act (TKG) and the related ordinances, apply, even if these are not expressly referred to.

§ 2 Conclusion of contract

The presentation of services does not constitute a binding offer by VR Voice. Only the order of a service by the customer is a binding offer according to § 145 BGB. In the event of acceptance of this offer, VR Voice shall send the customer an order confirmation by e-mail.

§ 3 VR Voice services

VR Voice shall provide the services selected by the customer and contractually agreed within the framework of the given technical and operational possibilities.

VR Voice is entitled to change the technical requirements on which the agreed services are based at any time, provided that this does not lead to a significant impairment of the agreed (tele-)communication services and the change in the technical requirements is reasonable.

VR Voice may use third parties as vicarious agents in the fulfilment of the service obligations. The contractual obligations of VR Voice remain unaffected by this.

§ 4 Obligations of the customer

The customer must inform VR Voice immediately of any changes to his personal data. Until receipt of a notification of change, the data provided by the customer shall apply for VR Voice.

The customer is obliged to keep all personal access data which he receives within the framework of the contractual relationship secret and to protect them from access by third parties. The customer shall comply with the legal and customary security requirements. The customer must inform VR Voice immediately of any misuse or disclosure of his access data. VR Voice is not liable for damages or costs arising from improper or unauthorised use of this data.

The customer is solely responsible for the content of value-added telephone services. VR Voice shall not be responsible for the content of the customer or any of its sub-providers.

In the case of the provision of value-added telephone services, the customer shall provide the users with his address for service, including the name and address of the persons authorised to represent him, as well as all the information required in accordance with § 5 of the Telemedia Act upon request. VR Voice shall be entitled to provide users with the information specified in Section 5 of the Telemedia Act and the customer’s address for service upon request.

The customer assures to comply with the contractual obligations even if he offers contents of other providers or allows further sub-providers. The customer shall oblige each sub-provider to comply with the obligations and shall be responsible for their compliance.

The customer shall indemnify VR Voice against all third-party claims resulting from the breach of the afore-mentioned obligations.

§ 5 Abuse prevention

The customer is obliged not to offer any illegal (e. g. immoral or criminal) content and to advertise the content offered lawfully. In particular, he must ensure that users or potential users do not receive any unsolicited advertising or calls.

In the event of an infringement, VR Voice will issue a warning to the customer for the unlawful behaviour and request a remedy for the behaviour complained of within two working days. If the customer fails to remedy the situation, if the deadline has expired or if there is a serious breach of paragraph 1 (e. g. in the case of missing or incorrect price information, spamming), VR Voice will immediately switch off the unlawfully used or advertised services.

If the customer violates his above-mentioned obligations despite a warning or in a serious manner, VR Voice may terminate the contract without notice and demand compensation. The right to assert further claims for damages remains reserved.

If the customer violates one of the obligations from paragraph 1, he is additionally obliged to pay a contractual penalty of EUR 1.000,00 per violation (individual case). VR Voice is entitled to offset contractual penalties against payment claims of the customer.

§ 6 Prices and terms of payment, invoice dispatch by e-mail

The amount of the fee to be paid by the customer or the remuneration to which he is entitled is based on the present offer or order. VR Voice shall invoice the customer once a month for the services provided.

The corresponding documents shall be transmitted by e-mail. The customer must ensure that the e-mail address deposited with VR Voice is capable of delivery and is regularly accessed by the customer. VR Voice must be informed of any changes to the delivery address in good time. At the express request of the customer, delivery shall also be made by post.

The payment obligation also exists for invoice amounts which have arisen through the authorised or unauthorised use of the services by third parties if and insofar as the customer is responsible for this use. The customer shall be responsible for proving that he is not responsible for the use.

Objections to the amount of the invoice must be raised by the customer immediately, but no later than four weeks after receipt, with the office designated on the invoice. Failure to raise objections in good time shall be deemed to constitute approval.

§ 7 Troubleshooting

The prerequisite for fault rectification is that the customer fulfils his obligations to cooperate and reports faults to VR Voice without delay. The customer shall generally cooperate in the fault analysis to a reasonable extent. If the customer does not fulfil his obligation to cooperate or does not fulfil it completely, the resulting extended downtimes will be taken into account in the connection availability and the response times in favour of VR Voice.

VR Voice accepts no liability for disruptions to VR Voice’s services which are attributable to

interference by the customer or third parties with the telecommunications network used by VR Voice and the necessary transmission paths;

the unsuitable, improper or faulty connection to telecommunication networks;

the unsuitable, improper or faulty connection to used telecommunications networks by the customer or third parties; or

the faulty, improper or negligent installation, operation or handling of the equipment or systems required for the use of individual services of VR Voice by customers or third parties, insofar as they are not the fault of VR Voice.

If the customer is responsible for the fault reported by him, he shall bear the costs incurred in rectifying the fault, but at least EUR 100,00 (flat-rate compensation for expenses). In the event of settlement of costs exceeding the flat-rate expense allowance, the customer shall be responsible for proving a lower loss.

§ 8 Data protection

(1)  All personal data provided by the customer (title, name, address, date of birth, e-mail address, telephone number, fax number, bank details, credit card number) shall be handled by VR Voice exclusively in accordance with the provisions of German data protection law.

(2)  Personal data of the customer, insofar as this is required for the establishment, content or amendment of the contractual relationship (inventory data), shall be used exclusively for the processing of the purchase contracts concluded between VR Voice and the customer, for example for the delivery of services to the address provided by the customer. Any further use of the customer’s inventory data for the purposes of advertising, market research or for the needs-based design of VR Voice’s offers requires the express consent of the customer. The customer has the option of giving this consent before declaring his order.

(3)  Personal data of the customer, which is required to enable the use of the offers of VR Voice and to settle accounts (usage data), shall initially also be used exclusively for the processing of the purchase contracts concluded between VR Voice and the customer.

Such usage data are, in particular, the characteristics for identifying the customer as a user, information about the beginning and end as well as the scope of the respective usage and information about the telemedia used by the customer as a user. In addition, VR Voice will use such usage data for the purposes of advertising, market research or for the needs-based design of the telemedia for the creation of usage profiles using pseudonyms. The customer is entitled and has the option to object to this use of the usage data. Under no circumstances will usage profiles be merged with the corresponding data.

If the customer wishes further information or wishes to retrieve or revoke the consent expressly given by the customer for the use of his inventory data or wishes to object to the use of his usage data, the customer can also contact VR Voice support at the e-mail address support@vrvoice.de or by telephone at +49 231 2929798-0.

§ 9 Limitation of liability

VR Voice is liable for intent and gross negligence. Furthermore, VR Voice is liable for the negligent breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and the observance of which the customer regularly relies on. In the latter case, however, VR Voice shall only be liable for the foreseeable, contract-typical damage. VR Voice shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.

The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.

Data communication via the internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, VR Voice is liable neither for the constant nor for the uninterrupted availability of the system.

§ 10 Final provisions

Amendments or supplements to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.

(2) The law of the Federal Republic of Germany shall apply.

(3) The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Dortmund.

(4) Should individual provisions of this contract be invalid or contradict the statutory provisions, this shall not affect the rest of the contract. The ineffective provision shall be replaced by the contracting parties by mutual agreement by a legally effective provision which comes as close as possible to the economic sense and purpose of the ineffective provision. The above provision shall apply mutatis mutandis in the event of loopholes.