GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS OF P-CALL OHG

Our Terms and Conditions (General Terms and Conditions) apply to all legal transactions you conclude with us.

§1 SUBJECT

The services provided by P-Call OHG (hereinafter referred to as P-Call) essentially comprise the following areas: Active telephoning (outbound), acceptance of telephone calls (inbound), switching and operation of service numbers, postal advertising mailings (letters).
They are subject to the following general terms and conditions. Deviating, conflicting or supplementary general terms and conditions of the client shall not become part of the contract, even if known, unless their validity is expressly agreed in writing.

§2 DURATION OF CONTRACT (FOR FIXED-TERM CONTRACTS)

If the services are provided as a lump sum, the initial contract is valid for at least 12 calendar months. An extension of the initial contract must be confirmed in writing by both contracting parties. Contracts can also be agreed and concluded by e-mail. A contract extension is possible for a further 12 months.
If this follow-up contract is not terminated by any of the contracting parties before the expiry of the period specified under termination, the contract term shall be extended by a further 12 months.

§3 SERVICES

3.1 P-Call provides all services exclusively to commercially active companies and freelancers.

3.2 All services we provide for the client must be in writing to be legally effective. The contracting parties have not made any verbal ancillary agreements.
Offers, orders as well as all supplements shall only be made in writing.

3.3 The contractual services shall be specified in the offer. If service levels or comparable target agreements (e.g. quotas) are specified in the offer / service description, these serve only as a guideline for the description of the contractual services. P-Call will make reasonable efforts to meet these targets, but there is no binding obligation to achieve them. If the objectives are not achieved, the client can only claim a reduction in remuneration if this has been expressly stated in writing.

§4 FEES

4.1 All own fees and costs will be charged to the customer in advance in the form of a quotation. /vc_column_text][vc_empty_spaceheight=“20px“]

4.2 Unless offered separately, third-party charges for the client such as postage, telephone, fax, etc. are charged separately or billed as follows:
Telephone charges to the German fixed network: 0.04 EUR / minute
Telephone charges to German mobile phone lines: 0.16 EUR / minute
Shipping costs according to the current price list of Deutsche Post AG

§5 TERMS OF PAYMENT

5.1 The customer undertakes to ensure that sufficient funds are available on the account when making a payment using the SEPA Company Direct Debit Mandate. In the case of returned direct debits, the Customer shall be charged a fee of EUR 10.00 plus the bank charges incurred. 5.2 In the case of contracts for an indefinite period, P-Call shall be entitled to increase prices appropriately and in line with general price developments. P-Call will inform the customer of the price increase at least one month in advance. In this case, the customer has a special right of termination at the time of the increase.

5.3 P-Call provides his services monthly in bill. Unless otherwise agreed, invoices are due for payment within 14 working days of invoicing. Should the customer fall into arrears with payment, he shall receive a payment reminder. In this case P-Call is entitled to charge reminder fees of EUR 5,-, unless the customer proves a lower damage.
If there is still no receipt of payment 5 working days after this reminder has been sent, P-Call can instruct a collection agency to collect the claim.

5.4 As a rule, P-Call sends its invoice electronically by e-mail to the customer. If the customer requires the invoice to be sent by post, P-Call is entitled to charge EUR 2 per invoice.

§6 NOTICE PERIODS

The order has been completed for the agreed order time. With an order duration of 1 month, the contractual relationship shall continue uninterrupted until it is terminated by either party in writing (e.g. by fax) with a notice period of 4 weeks to the end of the month. With an order duration of one year, the contractual relationship shall continue uninterrupted until it is terminated by one of the two parties. pages with a period of notice of 4 months to the end of the month in writing. After termination of the service contract, the contractor is no longer obliged to forward messages and information received on behalf of the client to the latter. The client has an extraordinary right of termination if the prices for services have increased by more than 10% within 12 months.

§7 LIABILITY

7.1 The contractor is liable in cases of intent or gross negligence according to the statutory provisions. Liability for guarantees is independent of fault. In the event of slight negligence, the Contractor shall be liable exclusively in accordance with the provisions of the Product Liability Act, for injury to life, limb or health or for breach of fundamental contractual obligations. The claim for damages for the slightly negligent breach of essential contractual obligations is, however, limited to the foreseeable damage typical for the contract, unless liability is assumed for injury to life, limb or health. The contractor shall be liable to the same extent for the fault of vicarious agents and representatives.

7.2 The provision of the preceding paragraph (7.1) extends to damages in addition to performance, damages in lieu of performance and claims for damages. 7.3 The Client shall be obliged to examine the services ordered with regard to their legal admissibility, in particular with regard to competition law, telecommunications law and data protection law provisions, in particular with regard to the services ordered. If claims are asserted against P-Call for breach of such legal provisions, the examination of which is one of P-Call’s obligations, the customer shall indemnify P-Call against all extrajudicial and judicial claims and costs. In addition, the client is not entitled to reduce the remuneration due to an infringement in this sense.

§8 DATA PROTECTION AND COPYRIGHTS

8.1 The contracting authority shall grant the contractor permission to report on behalf of the contracting authority and with its name. In this respect, the client waives the corresponding rights to names and copyrights. The contractor shall not act on behalf of the contracting authority as a representative, agent or vicarious agent.

8.2 The Client grants the Contractual Partner permission to pass on data collected and processed within the framework of the telephone service to third parties in accordance with the Client’s requirements and wishes. The data protection regulations must be taken into account accordingly. This shall apply until written revocation.

8.3 During the term of the order, the Client shall be responsible for ensuring that his data and settings are up to date.

§9 Special obligations of the customer

9.1 The telephone service is not responsible for the manner or the content of the services to be provided in the name and on behalf of the customer. This shall apply in particular to the content of letters, telexes, telephone calls, messages or actions processed by the Telephone Service on behalf of the Customer or which the Service produces, forwards or undertakes on the basis of the contract with the Customer. 9.2 At the request of the Telephone Service, the Customer shall write all messages which are to be forwarded as well as other messages in writing, or vc_empty_space height=“20px“]

9.3 Addresses or telephone and telecommunication equipment may not be used for the transmission or forwarding of illegal or offensive content or for other purposes harmful to the contracting party.

§10 Other agreements

10.1 The Contractor shall allocate to the Principal a telephone number to which the Principal may forward his calls continuously or as required. We reserve the right to change the assigned telephone number for technical or operational reasons. The Client may not publish the telephone number assigned to him externally, but may only use it for forwarding.

10.2 The Client and the Contractor agree not to poach any employees from each other.

10.3 In the event of a change in the legal form or ownership structure of the contractor, the service contract shall continue to be valid without the conclusion of a new service contract. Changes in these general terms and conditions, the terms and conditions Services or prices will be communicated to the client in good time. If the Client does not object within 14 days of receipt of the amendments, they shall be deemed accepted.

10.4 The Client shall receive a copy of these General Terms and Conditions with the Service Contract. These will be fully accepted by the client, which he confirms with his signature.

§11 Place of jurisdiction

German law applies to the service contract. The agreed place of jurisdiction is Stuttgart.

Status of the GTC: 01.08.2013

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