1. Coverage
1.1. Following General Terms and Conditions (GTC) are part of all closed contracts between the customer or his assigns and DALASON GmbH, participators Andreas Damek, Chung-U Son and Dr. Johannes von Langen, Bonner Straße 484-486 in 50968 Cologne, Germany, registered at local court of Cologne, commercial register HRB 60929 (in the following named DCalling).
1.2. A change, entry or retirement of shareholders of DCalling will not cause a special right of termination.
1.3. Instead of Dalason GmbH a third party can enter the contractual relationship. The customer will be informed about this issue on his registered email. In this case the customer has a special right of termination. This special termination has to be stated within a reasonable period of time in written form. If the customer does not terminate within this time frame, he agrees to the change of the contracting party. DCalling is obliged to inform the customer about this specific issue explicitly when informing about the change of the contract party.
1.4. If a third party enters the contractual relationship and the customer has not have terminated his contract according to 1.3, any data that is needed to continue the business will be disclosed to the third party. The customer will be informed about those actions in the message concerning the entry of a third party into the contractual relation according to 1.3.
1.5. The telecommunication service offered by DCalling is based on these GTC only.
1.6. Conflicting and enhancing conditions of the customer will not be part of the contract. This rule prevails even if DCalling does not disagree expressively to any of the customer’s conditions.
1.7. The GTC apply to this framework contract as well as to the purchase of credit for an account in order to use the telecommunication services of DCalling.
1.8. An intended change of these GTC will be announced to the customer via email as an offer to amend the contract. In this case the customer has a special right of termination. This special termination has to be stated within a reasonable period of time in written form. If the customer does not terminate, he agrees with the amendment of the contract. DCalling is obliged to inform the customer about this consequence expressively when informing about the intended amendment.
2. Contract Conclusion
2.1. The presentation of the telecommunication services and the corresponding fees provided on the internet are not an obligatory proposal to conclude a contract. In fact the presentation provides an invitation for the customer to express himself about being interested in obtaining the services of DCalling.
2.2. An order to obtain the services can be made by filling out the registration form and hitting the button ‘Register.’ By hitting the ‘Register’ button the customer expresses a legally binding proposal towards DCalling concerning the conclusion of a contract for the telecommunication services of DCalling.
2.3. DCalling accepts this proposal by sending a confirmation email.
2.4. Thus the customer and DCalling enter into a framework contract concerning setting an account and using the telecommunication services of DCalling according to the customer’s balance in his account.
2.5. Individuals under age of 18 are not allowed to conclude the contract without legal or parental consent or in case the underage is able to pay for the service of DCalling with funds given to him for free disposal.
3. Emergency Calls
3.1. Emergency calls are not or only in a limited manner possible at the moment. Therefore DCalling should not be used for making emergency calls.
4. DCalling Services
4.1. DCalling offers voice connections via dial-in numbers, webcall and callback services (hereafter referred to as telecommunication services) corresponding to the fees of the current pricelist.
Free SMS are sent with a short reference to DCalling at the end of the message. This reference is missing in case of fee required SMS. Free SMS can contain 122 characters at the maximum. Fee required SMS can contain up to 160 characters. When sending fee required SMS, a longer continuous message can be sent. In this case, for each additional commenced 160 characters after the first 160 characters the customer will be charged for another message.
4.2. DCalling reserves the right to change those services (4.1), if this is of interest for DCalling and reasonable for the customer. This concerns especially the abrogation of the free SMS service or to require having a current credit for sending free SMS.
4.3. The customer service of DCalling can be reached at the phone number and email address stated in the imprint.
4.4. To use DCalling, the customer needs to have access to an internet or telephone network. This access is not made available to the customer by DCalling.
4.5. After charging his account, the customer will be able to use the telecommunication services of DCalling.
4.6. According to 4.5 DCalling is only obliged to establish a connection if the account has credit. DCalling has the right to terminate the connection after the credit is exhausted.
4.7. To initiate a connection there has to be a minimum credit covering at least 1 minute of the selected conversation. For sending a free SMS it is required to have a credit amount covering at least the current charge for an SMS.
4.8. The customer can check his balance and purchase new credit on his current account.
4.9. This account will be set up for the customer during the registration.
4.10. The customer can sign in to his account with the email address and password chosen during the registration process.
5. Responsibilities and Obligations of the Customers
5.1. The customer must charge his account in order to use the services of DCalling (about purchase see 7. Payment/Purchasing Credit).
5.2. The customer has to ensure that a third party does not use the account without his consent. In case the customer is held liable for those expenses, he has to pay for the amount that was used.
5.3. If the customer suspects or knows that his password could be used by a third party, like for example as a consequence of loss or theft, he is obliged to inform DCalling by fax or email immediately and to change the password for his account right away. In case he is held liable for the loss of the password the customer has to pay the amount that was used until the change of his password.
5.4. Expenses that occur through approved utilization of the account have to be covered by the customer.
5.5. If the customer allows a third party to use his account, he has to inform the third party that he is able to view the called numbers in his invoice.
5.6. The customer assures that all information provided during the registration process is true.
5.7. In case of an address change the customer is obliged to inform DCalling immediately.
5.8. In order to automatically identify the customer when calling the dial-in number, the customer can add his telephone number (caller ID) during the registration or later on his account. When calling the dial-in number with this caller ID and after entering his cardnumber, the customer can choose to not be asked for his cardnumber for this caller ID again (caller ID activation). After the caller ID activation every dial-in with this caller ID is connected directly with the DCalling system.
5.9. After activating a caller ID the customer has to make sure that no unauthorized third party is able to access the DCalling system via this caller ID. Calls that are performed via this caller ID are considered as approved utilization of the customer and are considered as approved by the customer with all consequences in terms of 5.4 of these GTC.
5.10. The customer is only allowed to contact people with DCalling who he believes consent in being contacted.
5.11. The customer is obliged not to transmit or offer any type of illegitimate content through DCalling, especially advertisements (“SPIT”) and other services, to actively arrange, participate or assist in sending or offering products, or to support this in any possible way; this will be regarded as a violation of statuary provisions and of the services and arrangements that are offered or provided by DCalling. It is the customer’s responsibility that third parties who are using his DCalling account within the framework of the contract act according to this obligation as well. In case a customer violates this rule DCalling preserves the right to terminate his contract without notice. In this case claims for compensation will be neglected.
5.12. DCalling offers a function for connecting two phone numbers. For this two phone numbers are entered in the section “WEBCALLBACK“. The first number is called by the system after verification through the customer (initial point of conversation). By answering the phone a connection to the second phone number will be established (webcall). For establishing the initial point of conversation the customer is exclusively allowed to give a number where he can be reached personally for transferring the webcall.
6. Prices/Costs
6.1. In order to use the services of DCalling the customer has to dial the local dial-in number. The costs for this call are separately paid by the customer and not subject of DCalling.
6.2. The costs for calls which have been established through DCalling depend on the called destinations and additionally on the type of called number (mobile or landline).
6.3. The detailed prices can be seen in the current overview. This overview is made available through the link “Pricelist” on the welcome page of www.dcalling.com. All prices on this list include 19% value added tax.
6.4. (Cancelled)
6.5. DCalling prices ARE NOT valid for calls on foreign or domestic special service numbers. For calls on those particular numbers can be charged additional costs.
7. Payment/Purchasing Credit
7.1. The customer can purchase credit by using one of the methods stated in his account.
7.2. Corresponding to his credit the customer has the right to use the telecommunication services according to the pricelist.
7.3. If a transaction (payment by credit card, direct debit, Pay Pal and other transactions) has to be refunded, DCalling has the right to charge a reasonable administration fee. However, the customer has the right to prove that this administration fee is significantly higher than then the administration task in itself, or that there has been no administrative task at all. The fee will not be charged if the customer is not liable for the cancellation of his payment (payment by credit card, direct debit, Pay Pal and other transactions), because the amount is not covered by his bank account or the transferring of his bank account data was incorrect.
8. Issuing of Invoices
8.1. The customer can view his current balance in his DCalling account.
8.2. In case the customer wants to have an itemized statement he can find all information regarding each of his connections and the corresponding costs in his account.
8.3. The customer can object this itemized bill in written form within a time frame of 8 weeks from the date of the bill was made accessible.
8.4 The customer can view and download invoices from his account.
9. Duration
9.1. The duration of the contract between DCalling and the customer is unlimited.
9.2. If the contract is terminated due to an important reason which is not on account of DCalling, DCalling has the right to charge a reasonable fee for reversing the remaining balance. The customer has the right to prove that this administration fee is significantly higher than then the administration task in itself, or that there has been no administrative task at all.
9.3. DCalling has the right to terminate the contract within one month. However this abrogation is only applicable at the earliest 12 months after the last activity on the account.
9.4. The customer can terminate his contract anytime. In this case DCalling will charge a cancellation fee of 35% of the actual balance, at least 5 Euro. If the actual balance is less or equals 5 Euro only the remaining amount will be charged. In case there is no balance, this fee is not applicable. A termination of the contract can never cause a higher obligation to pay than the actual balance.
10. Terms of Liability
10.1. DCalling is only liable for incurred losses in case those issues are caused by deliberate or negligent actions, or by culpable violation of the contract by DCalling, vicarious agents or employees, unless the damage is caused by a physical harm on life, body, or health.
10.2. Losses that are caused by illegitimate acts and by violation of the conditions of the contract negotiation are also subject of this policy. Further acts are excluded.
10.3. In case of contract formation DCalling is only liable for typical and predictable losses. The extent of compensations is limited to average losses that are typical for the conditions of the contract.
10.4. In case DCalling is liable for a customer’s damage and this is not caused intentionally, the amount guaranteed is limited to 12.500 EUR. In case the duty of liability occurs through an unintended uniform act or an unintended uniformly damaging incident for several customers, the duty of liability is regardless of the limitation stated in sentence 1 limited in total amount to 10 million Euros. In case the compensations that are due to the same incident are exceeding this limit, the compensations will be cut down corresponding to the sum of the amount of all damage claims to the limit.
10.5. This also applies for remote damages, especially for lost profits.
10.6. This restriction of liability will not be applied for damages due to a violation of a significant contractual commitment, for intentional or wantonly negligent acts, or for harms on life, body or health through DCalling, vicarious agents, or employees.
10.7. Clauses of the Product Liability Act are not affected by this.
10.8. DCalling is not liable for wrongly provided contract data entered by the customer.
10.9. DCalling is not liable for damages that occur for the customer while using the service, especially by entering wrong telephone numbers.
10.10. DCalling is not liable for damages that occur from calls through the caller ID entered by the customer.
10.11. The caller ID can be deleted in the account anytime.
10.12. The customer exempts DCalling from claims for damages by third parties, which occurred by using his account.
11. Data Protection
11.1. DCalling has the right to collect, process, and use customer data if those are necessary to conclude a contract for telecommunication services, and to design these services with regards to content.
11.2. DCalling has the right to use the customer’s phone number and post address, as well as the electronic address, for consulting, commercials for own purposes, and for market research, in case the customer has not objected this.
11.3. DCalling collects the following traffic data: phone number or identification of the involved adapters or terminal equipments, personal authorization information and customer card number, beginning and ending including date and time of a particular connection, and the telecommunication service used by the customer.
11.4. Those data (11.3) will be deleted automatically six month after issuing the invoice.
11.5. DCalling will lock the data of the contractual relationship for six months after termination of the contract. The final deletion of the complete data will take place at the end of the following legal year.
12. Jurisdiction and Applicable Law
12.1. Exclusive jurisdiction for all conflicts based on this contract in case the customer is a merchant, corporate body of the public law, public special property or national without jurisdiction, is Cologne, Germany. Furthermore DCalling has the right to sue the customer at his place of general jurisdiction. Only the law of the Federal Republic of Germany can be applied. All contracts for DCalling that are based on these Terms and Conditions and all claims of any kind resulting from those contracts are exclusively subject of the jurisdiction of the Federal Republic of Germany, excluding the settlements of the UN Convention on Contracts for the International Sale of Goods (CISG).
12.2. In case the customer wants to initiate an out of court settlement of disputes according to the legal settlements of the Telecommunications Act he can send a request to the German Federal Network Agency (Bundesnetzagentur) for electricity, gas, telecommunication, mail and rail in Bonn, Germany.
12.3. In case any clause or content of these general terms and conditions are ineffective, this will not have an impact on the validity of the contract. Instead of the ineffective settlement the statutory rule will be applied.
