§ 1 Preamble
§ 2 The use of the "Cheap Calls" telephone service
The use of the "Cheap Calls" telephone service is reserved to consumers. By using the "Cheap Calls" telephone service you assure that you are using the service as a consumer and not as a company or for a corporate body. For calls made via Cheap Calls you require credit, which requires registration with Cheap Calls. You may top up your Cheap Calls balance using one of the payment methods offered by Cheap Calls. If your credit runs out during a telephone call, the call will be automatically disconnected.
You are entitled to claim reimbursement of your unused Cheap Calls credit. Reimbursement of bonus credit, which has been credited through special promotions, is excluded from this claim.
Bonus credit expires without replacement one month after it is earned, unless a payment is made.
Bonus credit and initial balance is granted voluntarily, a legal claim can not be derived.
The list of countries in which this service is offered and the fees for calls subject to charge are included in the valid list of rates, which is available online at all times at www.cheapcallsapp.com.
Cheap Calls routes telephone calls via a German landline number. From this number, your calls are transferred internationally, subject to a connection fee.
The user may incur additional charges for the call for the connection between their terminal and the portal contacted by the landline number used by Cheap Calls.
Connection fees are charged per minute. Additional charges (e.g. one-off connection fees) shall not be accrued. In accordance with the requirements of §14 of the German Sales Tax Law, invoices will not be issued.
During a call that is subject to charges, the connection fees will be automatically deducted from your Cheap Calls credit balance.
If there is a return debit during credit top-up, you must repay the costs incurred to the extent that you are responsible for this returned payment.
Special telephone numbers, particularly emergency telephone numbers, are not available.
§ 3 Administrative Fees
In addition to call charges, monthly administrative fees are charged to use the Cheap Calls telephone service. Administrative fees are EUR 0.50 per month or part thereof. The monthly administrative fees are not charged if you remain “active”. You are no longer “active” if you do not carry out any actions for more than nine month. You are “active” again as soon as you carry out an action. Actions include loading Cheap Calls credit, making telephone calls and recommending new users. Administrative fees are automatically deducted from your credit balance. Your user account will be deleted if the administrative fees cannot be paid due to insufficient credit.
§ 4 Improper Use
All inappropriate or improper use is prohibited. We are entitled to block the telephone numbers of users who use Cheap Calls improperly or whose use we deem to be improper. In particular, calls that violate applicable legislation, offensive or discriminatory, or other types of calls are prohibited, as well as calls that are used for advertising purposes by the user. We authorise terminal connection attendants to block Cheap Calls if necessary in order to prevent the improper use of the Cheap Calls service.
§ 5 Registration
You can register by correctly completing the form provided in the Cheap Calls app in full and submitting it electronically. You are required to specify a username and a password, among other details. Each user may only register once. You are obliged to keep your username and password confidential.
Registration is a precondition to using the Cheap Calls services that are subject to charge.
§ 6 Recommendation
We would be delighted if you recommended Cheap Calls to other users. You have to use our recommendation system to make a recommendation. You have recommended a new user as soon as this user has registered by entering the recommendation code you received from us via the recommendation system
§ 7 Intellectual property
You must acknowledge that we, or third parties, hold all rights to Cheap Calls and the software that is used in connecting this service, exclusively and without restriction to all intellectual property rights.
§ 8 Guarantee and Liability
We do not make any promises regarding the availability of our website or the availability of the specified telephone number.
Liability of TeleSon Vertriebs GmbH deriving from or in connection with this Contract or its implementation is excluded.
This exclusion does not apply to liability for damages resulting from injury to life, body or health, or based on an intentional or negligent breach of duty by TeleSon Vertriebs GmbH or due to an intentional or negligent breach of duty by a legal representative or vicarious agent of TeleSon Vertriebs GmbH.
Neither does this exclusion apply to liability for other damages due to intentional or grossly negligent breach of duty by TeleSon Vertriebs GmbH, a legal representative or a vicarious agent of TeleSon Vertriebs GmbH.
Furthermore, this exclusion does not apply to damages due to negligent breach of a performance obligation, on the basis of which the Contract was concluded (cardinal obligation). Liability in the event of an infringement of such obligations by TeleSon Vertriebs GmbH is, however, limited to contract-typical, foreseeable damages, limited to a maximum amount of 2,500 Euros for each individual case and 20,000 Euros for all damages cases within one contractual year.
§ 9 Data protection
We undertake to observe the provisions of the German Federal Data Protection Act (BDSG) and other relevant legal provision for the gathering, processing and use of personal data.
§ 10 Cookies
When you visit our website, it may be that we store and read information on your computer in the form of cookies. Cookies are small text data files, which are sent from a webserver to your browser and are saved on your computer's hard drive. This information allows our website to recognise you automatically upon your next visit and to facilitate your navigation. For example, cookies allow a website and inserted, displayed advertisements to be adapted to your interests or to save your user and dial-up profile so that you don't have to enter it again each time you visit.
Furthermore, you declare that by using Cheap Calls you agree that third parties may place and select cookies on your browser during the course of the placement of displays, or may use web beacons to collect information.
You can also view our website without cookies. If you do not wish for us to be able to recognise your computer, you can prevent the cookies from being saved by adjusting your browser settings accordingly. Please refer to instructions from your browser manufacturer for detailed instructions as to how this is done. Generally speaking, you can find these settings under Extras -> Data protection settings (Firefox) or under Extras -> Internet options -> Data protection (Internet Explorer). However, if you do not accept any cookies, this may lead to functional limitations with regard to our offers.
§ 11 Using Google Analytics
We use Google Analytics for the Cheap Calls websites, which is a web analysis service from Google Inc ("Google"). The information regarding your use of this website (including your IP address) shall be transferred and saved on a Google server in the USA. Google shall use this information to analyse your use of this website, to compile reports for website operators regarding website activities and to render other services connected to the use of websites and Internet usage. Google shall also transfer this information to third parties, provided they are regulated by law or insofar as this third party processes the data on behalf of Google. Google shall under no circumstances associate your IP address with other Google data. By using this website you declare that you consent to the processing of data collected about you by Google in the manner described above and for the abovementioned purpose.
§ 12 Other
Should a condition of this GTU be or become ineffective, the remaining provisions in the GTU shall remain unaffected. The Parties agree forthwith to replace the ineffective provision with an effective one that, as closely as possible, reflects commercial purpose of the substituted provision. This also applies in the event that this GTU should prove to be incomplete or unenforceable.
The use of Cheap Calls is subject to German law. The place of performance and the sole place of jurisdiction is Munich.
As of: July 2013