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1. subject matter of the contract, applicable legal regulations 1.1) These GTC regulate the contractual relationship between VEGA-net GmbH (VEGA-net) and the customer for the provision of telephone connections and DSL accesses as well as the use of the associated tariffs of VEGA-net. They are decisive for the content of the contractual relationship, unless otherwise agreed in individual contracts. In addition, the regulations of the Telecommunications Act (TKG) and the other mandatory legal regulations apply. 1.2) Deviating GTC of the customer shall not apply. They do not apply even if VEGA-net does not expressly object to them or provides services without reservation in the knowledge of conflicting or deviating conditions of the customer. 1.3) Verbal subsidiary agreements are only valid if a written confirmation is made by VEGA-net. 1.4) VEGA-net is entitled to change or supplement the GTC and the service descriptions on which the contractual relationship is based. If these changes are to become effective within the framework of the contractual relationship, VEGA-net will inform the customer in writing. Otherwise, the contract is continued under the previous conditions. 1.5) If changes are made to the disadvantage of the customer, the customer can terminate the contractual relationship within four weeks after receipt of the change notification for the time the change becomes effective. In the notification of change, VEGA-net informs the customer of the right of termination. If the customer does not terminate in writing to VEGAnet within four weeks after receipt of the change notification, the changes become part of the contract at the time the change becomes effective. 1.6) In case of changes in the value added tax as well as the fees for preliminary services and interconnection regulated by the Federal Network Agency, VEGA-net can adjust the respective price list accordingly to the cost change without the customer having a special right of termination according to section 1.5. A price increase is limited to the extent of the cost increase. 2.1) The contract is concluded after VEGA-net has accepted the customer order (offer) by written confirmation or by actual provision of the service by VEGA-net. 2.2) The contract is concluded under the condition that the customer declares his agreement with the participation in the direct debit procedure and gives a corresponding direct debit authorization to VEGA-net. 2.3) Before accepting the offer, VEGA-net reserves the right a) to obtain information within the framework of a credit check and to make the acceptance of the order dependent on this; b) not to accept the offer if the customer is in arrears with the obligations from other existing or previous customer relationships with VEGA-net; c) to make the conclusion of the contract dependent on the existence of a usage contract in accordance with § 45a TKG. 2.4) In case of poor creditworthiness, VEGA-net reserves the right to demand a security deposit before accepting the contract. 3.1) The scope of services to be provided by VEGA-net results from the concluded contract, the service descriptions on which the contract is based and/or individual agreements between VEGA-net and the customer, as well as the general terms and conditions and price lists. All services of VEGA-net are subject to technical, economic and operational feasibility. 3.2) VEGA-net uses the communication networks of other operators to establish the connections. The obligation of VEGA-net to provide services is limited by the actual and timely availability of preliminary services in corresponding quality, in particular the transmission paths of the network operators involved in the respective connection. 3.3) The transmission speed with which a DSL access can be provided to the customer depends on technical factors. The Customer acknowledges that the actual transmission speed can only be determined from the time of connection and may change during the term of the contract due to technical conditions. The customer agrees that only the technically maximum available bandwidth at his location is available to him. 3.4) VEGA-net is entitled to implement the customer connection in the suitable variant and to change it at any time, provided this is not associated with additional costs for the customer and the new connection offers equivalent or higher quality services. If the local loop is selected as the connection type, the contract depends on the provision of a suitable local loop by Deutsche Telekom AG or its subsidiaries. 3.5) VEGA-net is entitled to interrupt the services, to limit the duration or to stop the services temporarily, partially or completely, as far as this is necessary for reasons of public safety, the security of the network operation, the maintenance of the network integrity and in particular the avoidance of serious disturbances of the network, the software or stored data, the interoperability of the services, the data protection or to carry out operational or technically necessary work. 3.6) VEGA-net is entitled to block the connection of the customer in accordance with § 45k TKG as well as in case of considerable violations of the obligations incumbent on the customer (section 4). The obligation of the customer to pay the monthly fee remains unaffected. The customer must reimburse VEGA-net for the expenses for blocking and unblocking according to the respective price list. After the reason for blocking has ceased to exist, connections can only be unblocked during normal business hours. 3.7) Insofar as VEGA-net provides the customer with access to use the Internet, the transmitted contents are not subject to inspection by VEGA-net. However, VEGA-net reserves the right to block data to the customer which are suitable to transport illegal contents. If not explicitly marked otherwise, all contents which the customer calls up within the scope of the product possibilities are foreign contents of third parties which are not subject to any responsibility of VEGA-net. 3.8) Agreed deadlines, dates and availabilities on the part of VEGA-net are only valid under the condition of the timely fulfillment of all relevant obligations of the customer. 3.9) Insofar as VEGA-net makes a technical device (connection box) available to the customer, this remains the property of VEGA-net. The customer has no claim to the provision of new equipment. VEGA-net reserves the right to exchange or renew the provided connection box at any time. 3.10) The installation of the terminal equipment of the DSL connection is not part of the services of VEGA-net. Upon request of the customer, a specialized company approved by VEGA-net can carry out the installation of the terminal equipment on the first connection device (e.g. TAE socket) of the corresponding connection against separate remuneration. The installation of the connection box can be carried out by VEGA-net on request of the customer according to the underlying service description. The expenditure is charged according to the price list. 4.1) As soon as the service of VEGA-net is made available to the customer for the first time, he must immediately check it for its conformity with the contract and report obvious and/or detected defects. Defects discovered later in the services owed by VEGA-net must also be reported immediately to VEGA-net. 4.2) The customer is obligated to provide the necessary cooperation for the installation and the performance of services, in particular to grant access to the connection if required, to provide the electrical energy for the installation, the operation and the maintenance as well as the potential equalization, if required, including the corresponding grounding at his own expense. 4.3) VEGA-net or the installation partner agrees binding dates with the customer. The installation of the local loop is carried out on the agreed date. In case of non-compliance with the agreed date for the standard installation through the fault of the customer, VEGA-net is entitled to charge the customer an expense allowance in the amount of € 45.00 plus the respective legal value added tax, unless the customer can prove that his fault was only slightly negligent. 4.4) The service of VEGA-net is provided with the completed and functional installation. 4.5) The customer is obligated to have maintenance and modification work on the connection carried out only by VEGA-net. Expenses incurred by VEGA-net after a fault report from a customer due to the inspection of the technical equipment of VEGA-net must be reimbursed by the customer if there was no fault in the technical equipment of VEGA-net and the customer could have recognized this with reasonable troubleshooting. In these cases VEGA-net is entitled to invoice the expenditure according to the price list. The customer is at liberty to prove that no or only a lower expense was incurred due to the unjustified fault report. 4.6) The technical equipment (router, e.g. Fritz Box) provided to the customer for the duration of the contract remains the property of VEGA-net unless otherwise agreed. VEGAnet must be informed immediately in the event of impairment of the right of ownership through seizure, damage or loss. In case of destruction of the instrument, which is due to intentional or negligent behavior, the customer must reimburse the necessary repair costs or in case of impossibility of repair, the current current value of the connection instrument, but not more than an amount of EUR 500.00. To protect against overvoltage damage to the technical equipment provided, it must be disconnected from the mains (both on the power side and on the data side) during thunderstorms. VEGA-net recommends the conclusion of a household insurance with protection against overvoltage damages. In addition, VEGA-net recommends overvoltage protection for the power and DSL supply lines. The optimal solution here would be a combined surge protection device that is recognized by insurance companies. In case of overvoltage damage, the existing terminal equipment is replaced by a new one. The defective terminal equipment remains with the customer. The costs for the replacement (travel, labor and material) will be charged to the customer. The customer must inform VEGA-net immediately of any recognizable damage and defects to the terminating equipment (router). The customer must take all measures within the bounds of what is reasonable to enable the determination of the defects and damages and their causes. 4.7) The connection box made available to the customer by VEGA-net must be properly returned to VEGA-net by the customer at his own expense after the end of the contract (7 working days at the latest). The customer has a right of retention only in the case of section 8.2. The customer must treat the connection box provided with care and properly. In the event of loss or damage to the connection box, the customer will be charged the replacement price and any replacement costs incurred. 4.8) The administration of the router is carried out exclusively by VEGAnet. Configuration relevant parameters are basically determined by VEGA-net. An influence of the customer is excluded. Excepted from this is the updating of the official firmware of the connection box, which is the responsibility of the customer. 4.9) The customer may not use the contractual services in an illegal manner. In particular, it shall not be permissible to retrieve, transmit or offer content in violation of statutory provisions and prohibitions or in violation of third-party property rights or personal rights. Children or young people may not be made accessible to offers in contravention of the statutory provisions. The prohibition also covers the uploading of data to the VEGA-net servers which contain a virus or are infected in any other way. In particular, the homepage or e-mails must not contain any contents that contradict the legal regulations of the German Criminal Code (StGB), the German Youth Protection Act (JSchG), the German Youth Media Treaty (JMStV), the German Civil Code (BGB), the German Unfair Competition Act (UWG), the German Copyright Act (UrhG), the German Trademark Act (MarkenG) and other laws. The ban includes in particular such content that a) serves as instruction for an illegal act specified in Section 126 of the German Criminal Code (StGB); b) incites hatred against parts of the population or incites violence or arbitrary measures against them or attacks the human dignity of others by insulting, maliciously disparaging or defaming parts of the population (Section 130 of the German Criminal Code (StGB)); c) describe cruel or otherwise inhuman acts of violence against human beings in a manner that expresses glorification or trivialization of such acts of violence or that portrays the cruelty or inhumanity of the event in a manner that violates human dignity (Section 131 StGB); d) glorify war; e) have as their object acts of violence, sexual abuse of children or sexual acts of humans with animals (Section 184 para. 3 StGB); f) or are otherwise illegal or violate the "Freiwillige Selbstkontrolle Multimedia e.V." or the "Freiwillige Selbstkontrolle Telekommunikation e.V.". 4.10) Nomadic use of localized telephone numbers Nomadic use of a VoIP connection with a localized telephone number (use at a location other than the registered address) is prohibited. In particular, nomadic use of emergency calls from an address other than the registered address is not permitted or only permitted to a limited extent, as it is no longer possible to clearly identify the location of the emergency caller or this may lead to incorrect results. It is possible to make emergency calls from the specified address without any restrictions. 4.11) The customer is obligated to reimburse VEGA-net for each unpaid check or each unpaid or returned direct debit to the extent that the customer is responsible for the event causing the costs. 4.12) The customer must inform VEGA-net immediately of any change in his name, his company, his place of residence or business, his billing address, his bank details or credit card number, insofar as this data is required for the utilization and provision of the services according to this contract. 4.13) The Customer may not transfer the contractual services to third parties, either for a fee or free of charge; in particular, commercial transfer to other users in any form is prohibited. The customer is fully responsible for his connection. The customer is obliged to take suitable precautions against unauthorized use of the contractual services by third parties. For this purpose, he must in particular keep secret the user identifications and passwords provided to him by VEGA-net. He is responsible to VEGA-net for the use by third parties, insofar as he is responsible for this use. In particular, the customer must also pay the prices incurred by authorized or unauthorized use of the contractual connection by third parties, insofar as he is responsible for this use. 4.14) When using the contractual services, the customer must ensure that he does not transfer any programs or other data which could interfere with the proper functioning of the network, the servers or other technical equipment of VEGA-net or third parties. Likewise, the customer must ensure that no disturbances are caused by his end devices in the network of VEGA-net or other network participants. In particular, the customer must ensure that he does not send viruses or other data, program the server services in such a way that they duplicate or send data unintentionally. In particular, the following shall also be inadmissible: unauthorized access to third-party computers or attempting to do so, searching the Internet for open access, blocking third-party computers or attempting to do so, falsifying mail and news headers as well as IP addresses. 4.15) The customer has the obligation to protect his own technical equipment and data stocks against damaging data from outside by appropriate security measures such as firewall and anti-spam programs. 4.16) The customer has to indemnify VEGA-net from all claims of third parties, which are raised because of the violation of the duties according to point 4. of these GTC or because of other illegal actions of the customer. 5. e-mail service, homepage, internet services 5.1) VEGA-net is entitled to reject incoming or outgoing e-mails if the maximum size of the e-mail or mailbox specified in the service description is reached. In case of rejection, the sender will be informed. The use of the e-mail service for sending circulars or serial letters (messages with the same content sent to several recipients) is not permitted if more than 50 recipients are named per e-mail. VEGA-net is entitled to delete received e-mails if the customer has already retrieved them from the server or if they are not retrieved by the customer for a period of 90 days, at the latest, however, one week after termination of the contract. The customer has no claim to the allocation and use of a certain e-mail address (domain) which VEGA-net provides within the scope of its product offer within the VEGA-net customer portal. In justified cases (e.g. loss of the domain, injunctive relief against the use of the domain), the customer must immediately stop the use of the e-mail address after request by VEGA-net. VEGA-net is entitled to delete old e-mail addresses, to reject incoming e-mails and to stop sending outgoing e-mails under old addresses. VEGA-net will immediately offer the customer the selection of a new e-mail address. 5.2) The homepage provided by VEGA-net may not be placed on the net without the legally required information, in particular without an imprint. The imprint must contain the full name (for companies the legal representative) as well as the postal address and e-mail address of the customer or the provider of the homepage. Further legal requirements for the content of the homepage remain unaffected. VEGA-net is entitled during the duration of the contractual relationship to regularly make backup copies of the stored contents and to store and use these backup copies also for evidence purposes. VEGA-net is allowed to delete the stored contents completely from the server one week after termination of the contract. 5.3) Within the scope of providing Internet access, the service is limited to providing the customer with a functional interface to the Internet for the transmission of data to or from the Internet. VEGAnet is not responsible for the services and contents offered on the Internet. In this respect, there is also no responsibility for the transmission services (speed, faultlessness and availability), as far as these are not affected by the network used by VEGA-net and the connection provided, but by the accessibility of other networks and thus circumstances outside the own network area. 5.4) As far as a max. possible data rate is agreed in the order form or the product-specific service description, it can only be determined in the course of the provision whether this data rate can really be kept due to network technical reasons. 5.5) Use of WLAN. In general, the WLAN module is deactivated when the router is delivered. The customer is responsible for ensuring that the WLAN is encrypted when it is put into operation. The following encryption standards are suitable for securing the wireless network: WPA, WPA2. The WEP standard is considered insecure and should therefore no longer be used. The activation and use of the WLAN is at your own risk. 6. terms of payment and exclusion of objections to invoices 6.1) Monthly prices are payable pro rata for the remainder of the month, starting on the day of operational provision. Thereafter, such prices shall be payable monthly. If the price is to be charged for parts of a calendar month, it shall be calculated to the day. Other prices, in particular the consumption-based prices, shall be paid after the service has been used. 6.2) If a direct debit authorization exists, VEGA-net will debit the fee owed by the customer from the account. The customer must ensure sufficient coverage on the account after receipt of the invoice. The customer is also in default without a reminder if the payment owed is not received by VEGA-net within 7 days after receipt of the invoice. 6.3) If the customer is in default, interest on arrears will be charged at the statutory rate - subject to the assertion of further damage caused by default. VEGA-net is entitled to charge the reminder costs incurred by the delay in payment. The customer has the right to prove a lower damage. 6.4) The customer can only offset against payment claims of VEGA-net with claims that are undisputed, ready for decision in court proceedings or legally established. The customer is only entitled to a right of retention due to claims from the same contractual relationship. 6.5) Objections against the amount of the use-dependent prices (connection prices, prices for data transfer) must be raised by the customer in writing immediately after receipt of the invoice. The objections must be received by VEGA-net within eight weeks after receipt of the invoice. Failure to raise objections in time is considered as approval. VEGA-net will make special reference in the invoices to the consequences of an omitted timely objection. The receipt of the objection by VEGA-net is decisive for compliance with the deadline. 6.6) Unless a formal acceptance takes place, the sold object, the connection and the possible installation and work performance are considered as accepted when the customer uses the services of VEGA-net, i.e. puts them into operation and uses the services of VEGAnet without making significant complaints to VEGA-net in writing within 10 working days. VEGA-net may make the provision of the contractual connection dependent on a security deposit in an appropriate amount if it is to be feared that the customer will not fulfill his contractual obligations or will not fulfill them in time. This shall be the case, in particular, if judicial composition or insolvency proceedings are imminent or have been instituted, judicial execution has been ordered or the blocking requirements pursuant to Section 3.6 are met or such blocking has been effected. The average invoice amount of the last 3 scheduled invoices may be required as security. If the security is not provided, VEGA-net is entitled to block the connection and to terminate the contract without notice after an appropriate reminder with reference to the consequences of the failure to provide security. 8. contract term, termination 8.1) The minimum contract term of each connection contract is 24 months, unless otherwise agreed in writing. The contract shall be extended by a further year in each case unless it is terminated in writing with one month's notice prior to expiry. Contracts without an agreed minimum term can be terminated by either party at any time subject to a notice period of 1 month. The right to extraordinary termination remains unaffected. If the contract includes several services (e.g., telephone connection, Internet connection, telephone flat rate), these shall be agreed uniformly for the entire term of the contract; it shall not be possible to terminate individual services or partial services. Connection and rate options may be terminated with a notice period of 1 month to the end of the contract term. 8.2) The right of both contracting parties to terminate the contract without notice for good cause remains unaffected. An important reason for VEGA-net exists in particular if the customer: a) makes use of the services with fraudulent intent or b) violates criminal regulations when using the telecommunication services or if there is a correspondingly urgent suspicion of a crime or c) stops his payments in an unjustified manner partially or completely or d) defaults on the payment of the invoice or an essential invoice amount for two consecutive months, if the amount is at least 75.00 €, or e) becomes insolvent, submits an affidavit or insolvency proceedings are opened or applied for with regard to his assets f) any other important reason exists. 8.3) If VEGA-net terminates the contractual relationship without notice for good cause, it shall be entitled to lump-sum damages to be paid once by the termination date. The calculation basis for the compensation is the remaining term of the contract and the average invoice amount of the last 3 calendar months of the customer (remaining term x average invoice amount). VEGA-net reserves the right to prove further damages. 8.4) If the customer terminates the contractual relationship before the contractual service has been handed over or accepted, he must reimburse VEGA-net for the expenses for work already carried out and for the dismantling of already installed telecommunication equipment necessary as a result of the termination, but at least € 49.00 plus the statutory VAT. 8.5) If the customer changes his place of residence and the contractually owed service can be offered by VEGA-net at the new place of residence, the contract is continued without changing the agreed contract term and the other contract contents. VEGA-net may charge the customer for the expenses incurred due to the move. However, the expense may not be higher than the fee provided for the connection of a new connection. 8.6) If the customer moves away from the address and VEGA-net is unable to provide the services at the new location, this entitles the customer to early termination of the contract if appropriate proof is provided. The proof is considered to be provided if a valid certificate of registration with the new place of residence is submitted to VEGA-net. The period of notice is 3 months to the end of a calendar month. The period begins with the provision of proof. Should the contractual partner notify the relocation in good time, at least 3 months in advance, the contract shall end when proof is provided. 8.7) Notice of termination shall be given in writing by letter or fax. 8.8) For the porting of one or more phone numbers of VEGA-net, a fee is charged by VEGA-net which results from the current price list and, if necessary, is collected within the framework of the direct debit procedure. 9 Liability 9.1) VEGA-net is only liable for personal injury if VEGA-net, its legal representatives, employees or vicarious agents have culpably caused the damage. 9.2) VEGA-net is liable for other damages if the damage was caused intentionally or grossly negligently by VEGA-net, its legal representatives, employees or vicarious agents. 9.3) VEGA-net is furthermore liable for only slightly negligent violation of essential contractual obligations ("cardinal obligations") limited to the contract-typical foreseeable damage. The liability is limited to a maximum of € 12,500.00 per individual case. The above provisions shall apply mutatis mutandis to the breach of guaranteed characteristics. 9.4) In addition, the liability of VEGA-net, its legal representatives, employees or vicarious agents for financial losses caused by negligence, which are not the result of personal injury or property damage, is limited to € 12,500.00 per end customer of VEGA-net and to € 10 million (in words: EURO ten million) per damaging event vis-à-vis the entirety of the injured parties. If the compensation to be paid to more than one party due to the same event exceeds the maximum limit, the compensation shall be reduced in the ratio in which the sum of all claims for compensation stands to the maximum limit. 9.5) VEGA-net assumes no liability for the content of information or data provided by third parties. 9.6) The liability of VEGA-net for the damage or destruction of data is excluded, as far as the damage is based on a violation of the customer's security obligations mentioned in section 4 of these GTC. 9.7) If the customer has ordered the entry in a public subscriber directory and/or information service, VEGA-net is not liable for an omitted or incorrect entry if the order was passed on by VEGA-net correctly and in time to the publisher of the subscriber directory or the operator of the information service. 9.8) In case of force majeure, VEGA-net is released from the provision of services as long as and to the extent that the hindrance of services continues. Force majeure is in particular also the disruption of gateways by TC networks which are not under the control of VEGA-net. 9.9) Beyond the above regulations, the liability of VEGA-net is excluded. Liability according to mandatory legal regulations remains unaffected. 10 Warranty and retention of title in the sale of goods 10.1) Unless otherwise stipulated below, the warranty claims of the customer due to defects in the goods are based on the legal regulations. 10.2) Claims for damages due to defects of the goods shall be limited to the extent stipulated in clause 9. § Section 444 of the German Civil Code shall remain unaffected. 10.3) In case of sale of goods, the goods remain the property of VEGA-net until full payment by the customer. 11. conciliation 11.1) If there is a dispute between the customer and VEGA-net as to whether VEGA-net has fulfilled the obligations to the customer stipulated in §§ 43a, 45 to 46 Para. 2 and 84 TKG, the customer can initiate a conciliation procedure by filing an application with the Federal Network Agency. 11.2) The application can be submitted online or in writing by letter or fax. The request is to be sent to: Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway, Ref. 216, Arbitration Board, Postfach 80 01, 53105 Bonn. Application forms and procedural instructions for submitting applications are available at this address or on the Internet at www.bundesnetzagentur.de. 12.1) VEGA-net can make the conclusion of the contract dependent on the customer submitting to VEGA-net a declaration of consent signed by the owner or other person entitled in rem whose property is affected by the installation and/or provision of the contractual services of VEGA-net (usage contract according to TKG). 12.2) If after conclusion of the contract the property owner refuses to install devices which are necessary for the installation of the access to the public telecommunication network, VEGA-net can withdraw from the contract. 12.3) Insofar as VEGA-net has made the conclusion of the contract dependent on the usage contract, VEGA-net can, in the case of a change of the property owner or other person entitled in rem during the term of the contract, make the continuation of the contract dependent on the existence of a corresponding property owner declaration of the new owner or that suitable precautions are taken on the part of the customer that the original property owner declaration also legally binds the new owner or other person entitled in rem. 13.1) For all legal relations between VEGA-net and the customer, the law of the Federal Republic of Germany applies exclusively. 13.2) Should individual provisions of these terms and conditions or the other contractual bases (in particular the respectively valid service description or price list) be ineffective, the legal effectiveness of the remaining provisions is not affected. They shall be replaced by a provision which - insofar as legally permissible - comes closest to what was intended or intended by the invalid provision. 13.3) Deviations from the contractual provisions must be made in writing. VEGA-net GmbH (as of February 2015)