1.1 peoplefone GmbH, Salierstr. 38, 70736 Fellbach, registered with the Stuttgart Local Court under HRB 757109 (“peoplefone”), offers various services in the field of communications, such as Internet telephony, broadband connections, and hardware and software.
1.2 These General Terms and Conditions (“GTC”) apply to all contracts between peoplefone and the contracting party (“Customer”) in the version valid at the time of the order. The GTC apply to all contracts, including those to be concluded in the future, without the need for a renewed reference to the applicability of these GTC. Any deviating terms and conditions of the Customer shall not apply, even if peoplefone does not expressly object to them.
1.3 The contract between peoplefone and the Customer comprises, in addition to these GTC, the completed contract or online form, the relevant supplementary terms and conditions for individual services, and the service descriptions applicable to the individual services. In the event of any conflicts, the components of the contract shall apply in the following order of priority:
1.4 The following provisions apply to all customers. This does not apply to the extent that a provision expressly refers only to certain customers. Where the term “consumers” is used below, it refers to consumers as defined in Section 13 of the German Civil Code (BGB). Where the term “KKU” is used below, it refers to small and micro-entrepreneurs as defined in §§ 267, 267a of the German Commercial Code (HGB) who have not waived the application of the customer protection provisions pursuant to § 71(3) of the German Telecommunications Act (TKG).
2.1 The content, scope, and prices of peoplefone’s services are available at any time in the price list and the respective service descriptions at https://www.peoplefone.de.
2.2 Peoplefone’s services are, in principle, services. The only exceptions to this are the sale and, where applicable, the rental of hardware and software products.
2.3 Dates and deadlines are binding only if peoplefone has expressly confirmed them in writing and the customer has fulfilled its obligations to cooperate in a timely manner.
2.4 For some of its services, peoplefone relies on the services of third parties. peoplefone is expressly authorized to utilize third-party services and may engage third parties (subcontractors) to fulfill the contract.
2.5 peoplefone shall ensure the proper maintenance of the service. peoplefone shall endeavor to make the services owed available in full and shall take the necessary measures to that end. peoplefone undertakes to establish and maintain a hotline for reporting service disruptions.
2.6 Unless otherwise specified in the Supplementary Terms and Conditions, the following applies to service availability: peoplefone guarantees a minimum availability of 99.9%, averaged over 365 days in the calendar year, for each of the services (in particular, SIP Trunk, peoplefone Hosted, and peoplefone Microsoft Teams). Maintenance, installation, and upgrade periods are explicitly excluded from the calculation of availability. Availability refers to the availability of the services at the handover interface between peoplefone and the public Internet and not to end-to-end availability, which lies outside peoplefone’s sphere of influence; in particular, this does not include the customer’s Internet connection or the functionality of the customer’s end devices.
2.7 In providing the services owed, peoplefone relies on input from third parties and the customer’s cooperation. The quality of such input may vary. However, the quality of the service to be provided also depends, among other things, on the hardware and software components used by the customer as well as on the Internet connection to be provided by the customer.
2.8 The national number ranges 010x, 01807, 0181-9, 0191-4, 0900, 118xx, as well as foreign premium and service number ranges, are not accessible via the peoplefone network. It is not possible to individually block specific national or international phone numbers and number ranges, nor certain special numbers. The Call-by-Call and Preselection features are not available. The customer has no claims arising from this.
2.9 It is possible to send and receive faxes via the peoplefone network. To this end, peoplefone supports T.38, currently the most reliable protocol for transmitting faxes over the Internet. However, use of this protocol requires that the receiving party also supports T.38. If this is not the case, peoplefone will transmit using the G.711 codec. In this case, or if line quality is insufficient, transmissions may be interrupted or pages may be incomplete.
2.10 The customer has the option to transfer their phone number from another provider to peoplefone or to port it to another provider (known as “number portability”). peoplefone does not charge any fees for this service. The customer must notify peoplefone of the intention to port the number to another provider no later than one month after the contract ends; otherwise, peoplefone is entitled to reassign the phone number or return it to the Federal Network Agency.
3.1 All rate plans offered by peoplefone always apply to all extensions and VoIP connections associated with a customer account. To subscribe to these rate plans, you must first enter into a peoplefone Business Service contract.
3.2 Only one rate plan option (minute packages, flat rate, standard or premium billing) may be subscribed to per customer account. It is not possible to combine rate plan options. Unless otherwise specified, the rate plan option applies to calls to the German landline network (excluding special numbers) and national mobile networks. Where rate plan options are offered with the suffix “EU,” the rate plan option applies to the networks of European Union member states.
3.3 The minute packages and flat rates offered by peoplefone may only be used within the scope of normal business-related voice and data traffic and a standard business distribution of voice, fax, and data connections. When using the flat rates or minute packages offered by peoplefone, the customer is therefore obligated to
3.4 Peoplefone may bill connections under Section 3.3 at the connection rates specified in the current price list starting from the first minute (i.e., not on a flat-rate basis).
3.5 Peoplefone Minute Package (Peoplefone Office Infinity): Minute usage per network is calculated down to the minute in the customer account, and the difference from the included volume is calculated. Once the included minutes of a minute package have been used up, call charges will be billed by the minute in accordance with the currently applicable price list. Unused included minutes cannot be carried over to the next billing month.
3.6 peoplefone Business Flat (peoplefone OfficeLine): In the event of excessive usage—defined as exceeding 1,000 mobile minutes and 4,000 landline minutes per month per channel—peoplefone reserves the right to charge additional fees in accordance with the current price list.
3.7 The contract term and notice period of the respective underlying master contract apply to the add-on rate options. Customers have the option to add or reduce additional minute packages and voice channels to their customer account during the contract term.
3.8 peoplefone reserves the right to terminate minute packages and flat-rate plans with four weeks’ notice in the event that the “principle of fair business partnership” is no longer upheld. This is the case, for example, if the provision of the minute package—which is justifiable from a business perspective (i.e., at least cost-covering for peoplefone)—can no longer be guaranteed due to user behavior. In the event of abusive use as defined in Section 3.2, peoplefone has the right to terminate the booked minute packages without notice.
3.9 In the event of termination of a minute package or the flat-rate plan by peoplefone, the customer has the option to purchase future telephony services in accordance with a valid business rate plan on a per-minute basis (individual calls). Termination of a rate plan option and/or the switch to per-call billing does not affect the validity (including the term) of the contract for the use of peoplefone products.
4.1 Contract Initiation:
peoplefone provides comprehensive information about the service packages it offers on its website, https://www.peoplefone.de, for customers to review. This invites customers who are interested to submit an offer to peoplefone for the purpose of entering into a contract. The exact terms of the contract based on the customer’s offer are derived from the service packages provided by peoplefone. The submission of an offer by the customer does not yet constitute the conclusion of a contract.
4.2 Conclusion of the Contract
4.2.1 The information regarding the services on the website does not constitute a binding offer by peoplefone to conclude a contract, but rather an invitation to the customer to submit an offer. The customer submits a binding offer to use the selected service as soon as they either (a) have provided the required mandatory information via the online ordering process, has accepted these Terms and Conditions, and clicks the “Place Order” button, or (b) sends peoplefone one of the contracts listed on the website, completed and signed in writing (e.g., via email). The customer is bound by their offer for 5 business days. The contract is concluded if, within this period, peoplefone either (a) accepts the customer’s offer by issuing an express declaration of acceptance to the customer or (b) the peoplefone account is activated.
4.2.2 peoplefone is under no obligation to accept an order and reserves the right to make acceptance contingent upon the following conditions in particular:
To the extent that peoplefone agrees to enter into the contract subject to the provision of a security deposit and the customer fails to provide the agreed-upon security deposit, peoplefone is entitled, following a corresponding notice of default specifying the consequences of failing to provide the security deposit, to suspend the affected service or to terminate the contract without notice.
4.3 Contract Term
Unless otherwise specified in the Supplementary Terms and Conditions for individual services, the contract with peoplefone is not subject to a minimum term and may be terminated by either party at any time in accordance with the agreed notice periods.
4.4 Ordinary Termination
Unless otherwise specified in the Supplementary Terms and Conditions for individual services, the contract may be terminated by either party at any time (subject to compliance with minimum contract terms) with one month’s notice, i.e., there must be at least one full month between the notice of termination and the date on which the termination is to take effect.
4.5 Extraordinary Termination
The right to extraordinary termination for good cause remains unaffected. Good cause exists, in particular, if the customer
a) creates a peoplefone account under a false name or identity,
b) there is a case of misuse or suspicion of a criminal offense,
c) misuses the peoplefone account, VoIP connection, the connection itself, or the phone number assigned to them,
d) has provided incorrect information that is material to the contractual relationship,
e) ceases payments for two consecutive months or is in default of payment for a significant portion of such fees,
f) multiple chargebacks occur following debits,
g) if insolvency proceedings are initiated against the customer’s assets or the customer files a petition for the opening of insolvency proceedings,
h) the customer culpably fails to fulfill his contractual obligations,
i) the customer misuses the services (see Section 6.3),
j) the customer prevents the technical implementation of the services to be provided or the provision of peoplefone’s services as a whole, e.g., by failing to provide necessary cooperation.
In addition, peoplefone has the right to terminate the contract for cause in the event of a change in the legal basis of this contract, or in the event of orders and/or rulings by authorities, courts, or other public authorities, provided that such changes or orders render it unreasonable for peoplefone to continue the contract.
Peoplefone is entitled, but not obligated, to terminate the contract ordinarily as an alternative in the event of a ground for extraordinary termination under this Section 4.5.
If the contractual relationship is terminated prematurely for reasons attributable to the customer, the customer shall reimburse all expenses incurred as a result of the contract, in particular for work already performed, payments made or to be made to third parties, and for the necessary dismantling of technical equipment already installed. The same applies if peoplefone terminates the contract for good cause attributable to the customer. In such cases, connection fees will not be refunded. Any claims for damages by peoplefone remain unaffected.
4.6 Terminations must be in writing (e.g., by email, letter, or fax)
peoplefone is entitled to request proof of the identity/legitimacy of the party giving notice of termination. Upon giving notice of termination, the customer must provide the customer number assigned to them so that the termination can be processed.
4.7 Credit Balance at the End of the Contract
If the customer has a credit balance in their peoplefone account at the time the termination takes effect, peoplefone agrees to refund this amount to the customer upon request. The customer must submit the request in writing, specifying their customer number and a bank account. Peoplefone will issue the refund by crediting the customer’s specified bank account. Peoplefone is entitled to request proof of the requester’s identity. Any other form of refund of the Peoplefone credit balance is excluded. Credit excluded from the obligation to pay out under this Section 4.7 is credit that peoplefone has credited to the customer’s account without consideration (e.g., free starting credit, credit provided as a gesture of goodwill). Peoplefone further notes that the right to a refund is subject to the statutory limitation period of 3 years and that no refund will be issued after the limitation period has expired.
5.1 The customer is responsible for providing Internet access suitable for using peoplefone’s services (unless Internet access is already included in the services agreed upon with peoplefone). If the customer is unable to provide suitable Internet access, this does not relieve the customer of the obligation to pay under the concluded contract.
5.2 The customer must take all necessary and standard security measures to prevent unauthorized or abusive use of their peoplefone connection by third parties. If the customer detects any unauthorized or abusive use, they must notify peoplefone immediately.
5.3 peoplefone handles essential (including contract-related) communication processes via email. The customer agrees to provide a valid email address of their own when registering with peoplefone, to check this address regularly, and to notify peoplefone immediately of any changes to their email address.
5.4 Should any changes occur that affect the flow of communication or the contractual relationship between the customer and peoplefone, peoplefone must be notified immediately. This obligation to notify applies in particular to the following:
5.5 The customer may use the connections to peoplefone only for their intended purpose and in accordance with the applicable (telecommunications) laws and regulations in their currently valid versions. The customer is obligated not to misuse the telecommunications services offered by peoplefone for purposes that conflict with legal provisions or peoplefone’s Terms and Conditions.
5.6 The customer agrees not to use any devices or run any applications that could result in changes to the physical or logical structure of the network provided by peoplefone.
5.7 The customer agrees to keep the login credentials for their peoplefone account and user accounts, as well as the login credentials for peoplefone’s SIP server (user password or SIP ID and SIP password), confidential and secure, and not to disclose them to third parties. To the extent that the Customer has legitimately disclosed access credentials to third parties (e.g., its employees), the Customer must inform them of the obligation to keep the access credentials confidential and secure and require them to comply accordingly. The Customer is obligated to immediately change all access credentials or have them changed by peoplefone if the Customer suspects that unauthorized third parties have gained knowledge of them.
5.8 The Customer must provide peoplefone’s employees or agents with the information and documents necessary for their activities and grant them access to premises and technical facilities to the extent necessary.
5.9 To the extent necessary, the Customer must ensure that the holder of a real property right on the premises permits the installation, testing, and maintenance of access points to a public telecommunications network.
5.10 The Customer must provide the necessary conditions for use (e.g., electricity) at its own expense.
5.11 The Customer shall, to the extent reasonable, take all measures necessary to enable the identification of defects and damage and their causes.
6.1 The customer agrees that, if necessary, his or her phone number may be transferred to a network operator other than the one used at the time the contract was concluded. This will not result in any costs or disadvantages for the customer, and the contract between peoplefone and the customer remains unaffected.
6.2 The assignment of a geographic phone number to the customer and its use are permitted only if the customer has his or her residence or place of business within the relevant local exchange area (so-called “local exchange affiliation”). By ordering a phone number, the customer therefore confirms that their residence or place of business is located at the specified address and agrees to notify peoplefone and return the phone number if they cease to have their residence or place of business within the relevant local network area (e.g., due to a move). Prior to the assignment of the phone number(s), the customer must provide peoplefone with appropriate proof of local network affiliation (e.g., business registration, extract from the commercial register, certificate of residence) as part of a validation process. Peoplefone is also entitled at any time after the assignment to verify the local network affiliation and to request corresponding proof from the customer. The customer shall cooperate with such verifications and submit the requested proof without delay. The customer agrees that, if necessary, their phone number may be transferred to a network operator other than the one used at the time the contract was concluded. This will not result in any costs or disadvantages for the customer, and the contract between peoplefone and the customer remains unaffected.
6.3 peoplefone is entitled to change the customer’s phone numbers
6.4 The customer is obligated to use the services not in an abusive manner, but in a manner appropriate to their purpose and function within the framework of applicable laws. Abusive use occurs in particular if, while using peoplefone’s services
6.5 If misuse occurs on the part of the customer or a user authorized by the customer, and the customer fails to cease such misuse within a reasonable period of time despite a request from peoplefone, peoplefone is entitled to suspend the customer’s peoplefone connection or —where applicable—to delete user accounts created by the customer. If the customer is responsible for the suspension or deletion, peoplefone will bill the customer for the costs of the suspension or deletion. The customer is obligated to pay the basic fees incurred during a suspension if the customer is responsible for the suspension.
6.6 For outgoing calls, the phone number assigned to the customer is automatically transmitted. The customer may only transmit different phone numbers to the public telecommunications network if the customer has a right to use the corresponding phone number and it is a number within the German numbering range. If an investigative or regulatory authority (e.g., the police or the Federal Network Agency pursuant to Section 123(3) of the Telecommunications Act (TKG)) takes action against peoplefone due to the customer’s violations of the above provisions, peoplefone is entitled to charge the customer, per case (i.e., for each inquiry from an investigative or regulatory authority); however, the customer is entitled to prove that no damage was incurred at all or that it was significantly lower than the flat-rate amount.
7.1 The customer is obligated to pay for any use of their connection.
7.2 The customer is obligated to pay the charges incurred by the user or co-user as well. This also applies in cases of misuse, unless the customer can prove that no breach of duty can be attributed to him.
7.3 The obligation to pay fees does not apply if there are facts justifying the assumption that third parties have influenced the billed connection fee through unauthorized modifications to public telecommunications networks.
7.4 The charges for the VoIP service are based on the price list valid at the start of each individual connection for the product selected by the customer. The current price list can be viewed online at any time on the respective rate plan page.
8.1 peoplefone offers hardware and software products (in particular, IP terminals and media gateways). Separate contracts are entered into for the purchase of hardware and software products, without regard to the services to be provided.
8.2 The peoplefone service may be used exclusively with terminals certified by peoplefone. The current list of certified terminals is available at www.peoplefone.de. peoplefone assumes no liability and/or warranty for the use of uncertified terminals.
8.3 Peoplefone retains title to the hardware and software products until the agreed-upon purchase price has been paid in full. In the event of third-party access to the goods subject to retention of title—in particular, seizures—the customer shall inform the third party of peoplefone’s ownership and shall notify peoplefone immediately upon such access by a third party.
9.1 To the extent that the services to be provided by peoplefone are not services of a professional nature and the customer is a business, peoplefone provides the following warranty for the services to be provided:
9.1.1 The warranty period is 12 months for newly manufactured items. The warranty does not apply to used items.
9.1.2 The warranty period begins upon handover of the item to the carrier, but no later than upon handover of the item to the customer.
9.1.3 The customer is obligated to inspect the delivered item for defects without delay.
9.1.4 The customer must promptly notify peoplefone of any defects that arise. Express reference is made to the provisions regarding the duty to inspect and give notice of defects under the German Commercial Code (HGB).
9.2 If the customer is a consumer, the statutory warranty rights apply.
9.3 peoplefone notes that, given the current state of technology, it is not possible to develop hardware and software in such a way that it operates error-free in all application combinations or can be protected against tampering by third parties. peoplefone does not warrant that the hardware and software used or provided by peoplefone will meet the customer’s requirements, be suitable for specific applications, or be free of crashes, errors, or viruses. peoplefone warrants to the customer only that the hardware and software used or provided by peoplefone will, at the time of delivery, under normal operating conditions and with normal maintenance, function substantially in accordance with the manufacturer’s specifications. peoplefone assumes no warranty whatsoever for known defects on the part of the manufacturer.
10.1 Billing Methods: peoplefone distinguishes between three different billing methods: Prepaid, Autoload, and Postpaid, whereby the billing method offered by peoplefone depends on the agreed-upon services.
Prepaid Method: Under this method, the customer first pays peoplefone an amount of their choosing (peoplefone credit) and may only use chargeable peoplefone products in accordance with their peoplefone credit after payment has been received. Accepted payment methods include bank transfer, PayPal, and credit card. The peoplefone credit balance may not exceed 100.00 EUR (including VAT), and the customer is prohibited from making deposits in excess of this amount.
Autoload method: Autoload is identical to the prepaid method, except that the customer’s peoplefone credit is automatically reloaded when it falls below a minimum amount set by the customer. Accepted payment methods for Autoload are PayPal and credit card.
Postpaid Method: peoplefone reserves the right to offer the customer the option to pay an invoice only after peoplefone has provided the service. The only available payment method is the basic direct debit. Unless expressly offered otherwise, the customer is required to participate in the basic direct debit process by providing a direct debit authorization.
10.2 The customer is obligated to pay the fees set forth in the price list valid at the time the contract is concluded (available at peoplefone.de), unless expressly agreed otherwise. The agreed-upon fees are exclusive of the statutory value-added tax applicable at the time of service provision and any shipping costs that may apply.
10.3 Monthly and usage-based fees are calculated on a pro-rata basis starting from the date of service activation or, at the latest, from the first use of the service, with each day of a month for which a payment obligation exists being charged at 1/30 of the monthly fee. Usage-based fees are calculated based on the usage metrics measured by peoplefone and, under the postpaid billing method, are invoiced monthly in arrears. peoplefone is entitled to bill regular, non-usage-based fees monthly in advance.
10.4 The customer must also pay usage-based charges if the customer has enabled, permitted, or tolerated the relevant usage by third parties in a manner for which the customer is responsible. It is the customer’s responsibility, within the scope of their area of responsibility, to prove that the usage by third parties is not attributable to them.
10.5 All claims become due upon receipt of the invoice.
10.6 If direct debit has been agreed upon with the customer, the following applies:
The fees invoiced for the services will be collected by peoplefone from the customer’s account via the SEPA direct debit procedure no earlier than two (2) business days after receipt of the invoice. The customer is obligated to ensure that there are sufficient funds in the specified account. The pre-notification period for SEPA direct debits is reduced to two (2) business days.
In the event of a returned direct debit, the customer is obligated to reimburse peoplefone for the actual costs incurred as a result of the returned direct debit. These costs amount to €10.00 net per returned direct debit. The customer is permitted to provide evidence of lower damages or evidence that no damages were incurred.
10.7 Form of the Invoice
10.7.1 peoplefone generally issues invoices as PDF files via email to the email address provided by the customer. If the customer wishes to receive the respective invoice by regular mail, the customer shall bear the costs incurred for postal delivery in accordance with the current price list.
10.7.2 Unless the customer requests that invoices be sent by regular mail, the customer agrees to receive invoices via email and is advised that confidential data transmission over the Internet cannot be guaranteed.
10.7.3 peoplefone is entitled to have a third party handle billing to the customer and/or the collection of outstanding receivables, to assign claims to such third parties for this purpose, and to disclose to third parties the data necessary for billing and collection in accordance with applicable laws.
10.8 Objections
10.8.1 The customer must carefully review the invoices from peoplefone. The customer must raise any objections to the amount billed for telecommunications services in writing no later than eight weeks after receiving the invoice. If the customer has a credit balance with peoplefone that peoplefone uses to offset basic fees and telephone charges, objections must be raised—notwithstanding the first sentence—no later than eight weeks after the end of the month in which the charges were incurred. The due date of the invoice amount is not affected by the filing of objections.
10.8.2 If, for technical reasons, none of the traffic data underlying the invoice has been stored, or if no objections have been raised by the customer and the stored traffic data has been deleted after the expiration of the statutory eight-week period, a period agreed upon with peoplefone, or due to legal obligations, peoplefone shall have neither an obligation to provide evidence of the connection services rendered nor an obligation to disclose details of individual connections. Sentence 1 applies accordingly if, after being clearly informed of the consequences set forth in sentence 1, the customer has requested that traffic data be deleted or not stored.
11.1 peoplefone protects telecommunications privacy in accordance with legal requirements and processes the customer’s personal data only to the extent that the data subject has consented or as required or permitted by the GDPR, the TKG, the TTDSG, or any other applicable law. Peoplefone’s detailed privacy policy is available at www.peoplefone.com/de-de/kunden/recht/datenschutz.
11.2 To the extent that peoplefone processes personal data on behalf of the customer and such personal data is not primarily protected by the data protection provisions of the TTDSG, the Data Processing Agreement between peoplefone and the customer shall apply; this agreement is available in the “Documents” section of the customer portal.
11.3 Unless otherwise specified in the executed contract, the customer instructs peoplefone to maintain a monthly itemized bill, which will be made available to the customer as a PDF file. This statement lists all chargeable calls individually, including the date, destination number, start time, and duration of the call, as well as the charge for each call. The phone numbers of the calls will be either truncated to the last three digits or listed in full, at the customer’s discretion. If the customer does not exercise this option, the list will be truncated.
11.4 The customer hereby undertakes and declares to immediately inform all current and future co-users of their VoIP connection—or, in the case of business use, all current and future employees—of this provision and to comply with the rules governing employee participation.
11.5 The customer authorizes peoplefone to store basic data (time, duration) regarding phone calls, faxes, and text messages sent or received via peoplefone—regardless of the itemized billing details—for the call log/event log and to make this information available to the respective user on their user web interface.
12.1 If and to the extent that peoplefone provides publicly available telecommunications services as defined by the TKG, peoplefone is liable pursuant to § 70 TKG; that is, in the event of a breach of duty due to negligence or gross negligence in the provision of such telecommunications services, liability is limited to a maximum of €12,500.00 per customer, whereby liability toward all affected customers, regardless of the type of damage, is limited to a maximum of 30 million euros per damaging event.
12.2 In all other respects, peoplefone is liable, regardless of the legal basis, as follows:
12.2.1 peoplefone bears unlimited liability in the following cases:
12.2.2 Unless any of the cases listed in Section 12.2.1 apply, peoplefone shall be liable only to the extent that peoplefone breaches a material contractual obligation through slight negligence. An essential contractual obligation is defined as an obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may reasonably rely (so-called cardinal obligations). If the culpable breach of such an essential contractual obligation is not committed intentionally or through gross negligence, liability is limited in both basis and amount to damages typical of the contract that were reasonably foreseeable at the time the contract was concluded. With regard to the contractual services agreed upon herein, the parties consider damages typical of the contract to be, cumulatively for all claims, the compensation owed under this contract or, if no fixed compensation has been agreed upon, the compensation the customer has paid to peoplefone for its services over the past twelve months. Any liability on the part of peoplefone beyond this is excluded.
12.2.3 To the extent that Internet access is not part of the services ordered from peoplefone, peoplefone shall not be liable for service restrictions attributable to the customer’s lack of an Internet connection. The same applies if voice service is not part of the services ordered from peoplefone.
12.2.4 To the extent that lease law applies, strict liability for initial defects pursuant to Section 536a(1), first sentence, of the German Civil Code (BGB) is excluded.
12.2.5 If terms such as “assure,” “guarantee,” or “ensure” are used in the service description, these General Terms and Conditions, or the order, they are to be understood purely as descriptive of the service. This does not give rise to any strict liability on the part of peoplefone.
13.1 peoplefone shall charge the customer the fees in effect at the time the contract is concluded and is generally bound by these fees. peoplefone shall adjust the agreed-upon fees with future effect only in the following cases:
13.1.1 To the extent that the Federal Network Agency, another government agency, the law, or a court decision mandatorily requires a fee adjustment, peoplefone may change the fees in accordance with such requirements.
13.1.2 If third parties from whom peoplefone obtains the input services necessary to provide the services owed under this contract adjust their prices.
13.1.3 To the extent that peoplefone’s costs change and the increases or decreases in one cost category (e.g., network interconnections) are not offset by increases or decreases in costs in other areas (e.g., personnel costs). “Costs” refers to the totality of all costs incurred by peoplefone in providing the services, such as costs for customer support, network provisioning, network operation, personnel costs, service provider costs, and overhead costs for administration, marketing, and energy.
13.1.4 In the event of changes to the value-added tax, peoplefone is entitled to adjust the fees in accordance with the change without this giving the customer the right to terminate the contract.
13.2 peoplefone is entitled to and reserves the right to unilaterally amend the contract, including these General Terms and Conditions. In such cases, the customer may terminate the contract pursuant to Section 57(1) of the German Telecommunications Act (TKG) without notice and without incurring any costs, provided that the amendment is not
13.3 Peoplefone shall inform the customer clearly and comprehensibly, on a durable medium, of the content and effective date of the contract amendment, as well as of any existing right to terminate the contract pursuant to Section 57(1) of the Telecommunications Act (TKG). The customer may give notice of termination pursuant to Section 13.2 within three (3) months of receiving notification from Peoplefone regarding the contract amendment. The contract may be terminated no earlier than the date on which the contract amendment takes effect.
14.1 peoplefone offers its customers the option to access frequently asked questions and their answers, as well as various configuration guides, via the support website at any time. Customers can also contact customer service in writing via email to, for example, report service disruptions. Customer support can be reached by phone Monday through Friday from 9 a.m. to 5 p.m. at the local number 0711-18 42 04 60 (at the national landline rate).
14.2 The customer must immediately report any service disruptions that come to their attention to the peoplefone service disruption hotline, describe them in as much detail as possible, and assist with troubleshooting to the extent reasonably possible. The customer can find contact information for reporting service disruptions on the website: https://www.peoplefone.com/de-de/kunden/kontaktdaten
14.3 Peoplefone will resolve service disruptions, provided they fall within Peoplefone’s area of responsibility, in accordance with the provisions of the respective service description and, if applicable, any agreed-upon Service Level Agreement. If no provision regarding a service disruption has been agreed upon in a Service Level Agreement or the Service Description, the disruption will be resolved within a reasonable period of time or, if the customer is a consumer, in accordance with the provisions for resolving service disruptions under Section 58 of the German Telecommunications Act (TKG).
14.4 If an investigation of a service disruption report reveals that there was no disruption to Peoplefone’s services, the customer must reimburse Peoplefone for the costs incurred in investigating the disruption if the customer could have reasonably determined that the disruption was not caused by Peoplefone.
15.1 Agreed delivery dates and availability apply only provided that the Customer fulfills all obligations to cooperate in a timely manner.
15.2 Temporary interruptions or disruptions may occur due to or during
Claims for damages by the customer are excluded in such cases
15.3 To the extent that it is necessary for reasons of public safety, the security of network operations, maintaining network integrity, service interoperability, data protection, or due to operational or technically necessary work, peoplefone is entitled to interrupt the services, limit their duration, or suspend the services temporarily, partially, or entirely. Claims for damages by the customer are excluded in such cases. If the customer is a consumer, § 58 TKG takes precedence.
15.4 To the extent that peoplefone provides services free of charge, these may be discontinued at any time and without prior notice. No claims by the customer, regardless of their legal basis, arise therefrom.
15.5 peoplefone is entitled at any time to install new hardware or software at the customer’s premises to improve the services and may require the customer’s reasonable cooperation in this regard.
16.1 The Customer may transfer or assign rights and obligations under this Agreement to third parties only with the prior written consent of peoplefone. Section 354a of the German Commercial Code (HGB) remains unaffected.
16.2 The customer is liable for all expenses and damages for which the customer is responsible that arise from the use of the contractual services by third parties, to the extent that the customer has enabled such use or is otherwise attributable to the customer. The same applies to fees incurred as a result of authorized or unauthorized use by third parties.
16.3 The customer may set off claims against peoplefone only with claims that have been legally established, recognized by peoplefone, or are undisputed.
17.1 Emergency Calls
The emergency numbers 110 and 112 can be reached via peoplefone. These are activated for the address provided by the customer. The customer must ensure that they check at regular intervals whether their personal information is correct and request a change if necessary. Only if the name and address are correct at the time an emergency call is placed can proper emergency call functionality—in particular, the ability to reach the nearest fire department or police station—be guaranteed. If the customer uses peoplefone services from a location other than the registered address (nomadic use), emergency call service may not be available at all, or may only be available if the customer can provide the emergency call center with their location and name. So-called “gasp calls” are not possible. The customer must ensure that no area code is dialed when calling these numbers. No “dial plan” for automatic area code extension may be active either.
17.2 Dispute Resolution
17.2.1 Customers in dispute with peoplefone regarding the provisions in Sections 51, 52, 54 through 67, and Section 156 of the Telecommunications Act (TKG) or the stipulations made pursuant to these provisions, as well as a statutory ordinance pursuant to Section 52(4) of the TKG (TKTransparenzV) or Article 4, paragraphs 1, 2, and 4, and Article 5a of Regulation (EU) 2015/2120, may initiate a conciliation proceeding by filing a request with the Federal Network Agency, Ref. 216, Conciliation Office, P.O. Box 8001, 53105 Bonn. The conciliation procedure is subject to a fee and may be initiated by submitting a written request by mail, fax, or electronically via the online procedure if an agreement with peoplefone has failed. Details regarding the rules of procedure are published by the Federal Network Agency (http://www.bundesnetzagentur.de).
17.2.2 The European Commission provides a platform for online dispute resolution, which the customer can access at www.ec.europa.eu/consumers/odr. peoplefone is neither obligated nor willing to participate in a dispute resolution proceeding before a consumer arbitration board.
17.3 Inclusion in Public Subscriber Directories
The customer may at any time request to be listed free of charge in a publicly accessible directory with their phone number, (company) name, first name, and address, or may request that their listing be deleted or modified. The listing of the first phone number is free of charge; the costs for listing additional phone numbers are based on the current price list.
17.4 Security and Integrity of Telephony and Data Processing Systems
In providing its services, peoplefone places great emphasis on the security and integrity of its systems and data, as well as on the proper functioning of the systems it uses. peoplefone’s infrastructure is always maintained at the cutting edge of technology and complies with the most current technical guidelines and applicable standards. In the event of breaches or identified vulnerabilities, measures are taken immediately to mitigate the issue and prevent future occurrences. This applies in particular to both potential attacks on the peoplefone network and to the proposed and implemented protective measures. peoplefone has a security concept that has been approved by the Federal Network Agency. peoplefone has implemented numerous technical and organizational measures to prevent security or integrity breaches, as well as threats and vulnerabilities, and to respond to them at an early stage. Examples of such measures include:
17.5 Suspension
17.5.1 peoplefone is entitled to suspend the connection in accordance with statutory provisions (in particular § 61 TKG) as well as to protect the customer or in the event
to suspend the connection in whole or in part. Even in the event of suspension, the customer remains obligated to pay the fees not dependent on usage.
Costs associated with the suspension may be billed to the customer in accordance with the current price list.
17.5.2 If the customer is a consumer or a KKU (small business customer) without a waiver, § 61(4) of the TKG applies to the suspension in the event of late payment. For all other customers, peoplefone may suspend the connection in whole or in part if the customer defaults on payment, without the need for a prior written warning.
17.5.3 The customer is entitled to have certain telephone number ranges blocked at no charge at the network level pursuant to Section 61(1) of the German Telecommunications Act (TKG), to the extent that this is technically feasible.
17.5.4 The customer is entitled to have the identification of their mobile phone connection blocked at the network level, free of charge, for the use and billing of a service provided in addition to the connection, pursuant to Section 61(2) of the German Telecommunications Act (TKG).
17.6 Caller ID Blocking
The customer has the option to permanently or temporarily suppress the display of their phone number to the called party, provided that this feature is supported by their device.
A customer who is a consumer is entitled to the following right of withdrawal:
18.1 Cancellation Policy for Services
Withdrawal Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date the contract is concluded.
To exercise your right of withdrawal, you must notify us (peoplefone GmbH, Salierstr. 38, 70736 Fellbach, Tel.: +49 711 184204-0, Email: finance@peoplefone.de) by means of a clear statement (e.g., a letter sent by mail, fax, or email) regarding your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, though its use is not required.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we must refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without undue delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notified us of your exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided for in the contract.
18.2 Cancellation Policy for Sales Contracts
Withdrawal Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
In the case of a contract covering multiple items that the consumer ordered as part of a single order and that are delivered separately, the withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last item.
To exercise your right of withdrawal, you must notify us (peoplefone GmbH, Salierstr. 38, 70736 Fellbach, Tel.: +49 711 184204-0, Email: finance@peoplefone.de) by means of a clear statement (e.g., a letter sent by mail, fax, or email) regarding your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, though its use is not required.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we must refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without undue delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first.
You must return or hand over the goods to us without delay and, in any case, no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you ship the goods before the fourteen-day period expires.
You are responsible for the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that goes beyond what is necessary to assess their nature, characteristics, and functionality.
18.3 Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and return it.)
— To peoplefone GmbH, Salierstr. 38, 70736 Fellbach, Email: finance@peoplefone.de
— I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
— Ordered on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only for written notices)
— Date
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(*) Please cross out what does not apply.
19.1 The place of performance for the Customer’s obligations is peoplefone’s registered office.
19.2 If the customer is a registered merchant or a public-law entity, the place of jurisdiction shall be peoplefone’s registered office. peoplefone shall be free to assert claims before the courts of the customer’s general place of jurisdiction.
19.3 All legal relationships between peoplefone and the customer shall be governed exclusively by the laws of the Federal Republic of Germany applicable to legal relationships between domestic parties, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
20.1 If one or more provisions of this Agreement are or become invalid or unenforceable, the remainder of the Agreement shall remain unaffected.
20.2 In accordance with the parties’ intent, the invalid or unenforceable provision shall be replaced by a provision that is permissible and lawful under the economic and liability-related purpose of the contract.