C2Call GmbH is incorporated under German law and the following document is a translation of the original General Terms and Conditions for the convenience of our international customers. In case of discrepancies between the English version and the German version, the German version shall govern.
C2Call GmbH provides the opportunity to register for an innovative new internet telephony service on the domains www.FriendCaller.com and www.C2Call.com. After the once-off registration process, the customer has the opportunity to contact other internet users over VoIP. VoIP is an acronym for "Voice over Internet Protocol". This means that telephone calls are made over computer networks, which are constructed according to certain internet standards. A so-called "Java applet", which establishes the connection to other users, is loaded onto the user's RAM while FriendCaller or C2Call are in use. This avoids the need to download software to the user's hard drive, which would otherwise be necessary. Furthermore, the internet user who receives the call need not be a registered FriendCaller or C2Call user, so that hassle-free internet telephony is possible at short notice. The following conditions govern the use of FriendCaller or C2Call internet telephony.
§ 1 Formation of the Contract
(1) The contract governing the use of VoIP services is formed when FriendCaller or C2Call accept the customer's order for the provision of services. The customer places the order by successfully completing the registration process on the domain www.FriendCaller.com or www.C2Call.com. The customer is bound by their order for 30 calendar days. The order shall be deemed to have been accepted once FriendCaller or C2Call have activated the first connection between the customer and another internet user, or have provided the customer with an appropriate opportunity for access. The order shall furthermore be deemed to have been accepted if the customer purchases credit for the purposes of § 6 of these general terms and conditions. Here, it is irrelevant whether the customer is using a connection which is free or subject to charges. FriendCaller or C2Call will send the customer an automatic confirmation email subsequent to successful registration.
(2) These General Terms and Conditions shall also apply to those users who are not registered themselves and who have accepted an invitation of a registered customer. Such an invitation is accepted by the non-registered user, if he activates a particular link that had been sent to the non-registered user in advance by mail by the registered user. The non-registered user will accept these General Terms and Conditions by selecting the field "Agreement with General Terms and Conditions" and requesting the connection to be made. Afterwards, the non-registered user can call back the registered customer. The non-registered user can neither purchase credit nor send invitations for telephony via email. The non-registered user will not become a contractual partner of FriendCaller or C2Call.
(3) The contract with FriendCaller or C2Call does not have a minimum term.
(4) As part of the registration process, the customer selects a username and password which allow him/her to logon for every use of FriendCaller or C2Call once registration is successful. The password must comply with certain requirements, e.g. a minimum number of characters, in order to be accepted by the system. The customer will be advised of these requirements by the system. An email address to which the customer has authorised access must constitute the username. The username may not be altered at a later stage. The customer undertakes to protect the password from third party access, and not to provide it to third parties.
§ 2 Termination
(1) The customer may terminate the contract by terminating their account at www.FriendCaller.com or at www.C2Call.com. If the customer has credit available at FriendCaller or at C2Call or at the time of the termination, they will be notified of the existence of this credit. They will furthermore be informed that the existing credit will expire irrevocably upon termination, and that this existing credit will not be reimbursed.
(2) The termination will come into effect four weeks after receipt of the termination declaration. The customer has the option of using any existing credit within this period. At the abovementioned point in time, the FriendCaller or C2Call account will be deleted irrevocably. From this time, the entire account including contact details and records of individual connections will be deleted, and cannot be recovered. FriendCaller or C2Call are obliged to do this for reasons of privacy protection.
§ 3 Customer's Obligation to Cooperate / Technical Requirements
In order to be able to use FriendCaller or C2Call, the customer must have access to an internet connection, a microphone and headphones or loudspeakers.
§ 4 Emergency Calls
For technical reasons, it is impossible to make emergency calls over FriendCaller and C2Call, especially 100 and 112, as internet telephony lacks a geographical connection point. For this reason, the customer is expressly advised that emergency calls can only be made from a fixed-line telephone.
§ 5 Call Charges
(1) FriendCaller provides a total of three different types of telephone connections. Every FriendCaller or C2Call customer has the option of reaching other internet users free of charge by using FriendCaller or C2Call over VoIP. In this respect, no specific call charges are incurred as against FriendCaller or C2Call. However, the customer may incur time-based or volume-based usage charges for the provision of the internet connection. Such costs, however, only arise through the relationship the internet provider has with the customer, and cannot be influenced by FriendCaller or C2Call.
(2) There is the further possibility that the customer my place a call over VoIP to a fixed-line, satellite or mobile telephone, for which call charges are incurred. The amount of these call charges is based on the telephone number the customer wishes to call. The relevant charge is determined by the national or international dialling code, any specific call charges for mobile communications, and/or any specific call charges imposed by certain fixed-line providers. The relevant call charges for the VoIP service are determined by the price list for the product selected by the customer applicable at the commencement of the call. The up to date price list is accessible online at www.FriendCaller.com and www.C2Call.com all times. The FriendCaller and C2Call user interface enable the customer to display the relevant call charge after entering the telephone number to be dialled, and prior to the placement of the call. For access to partner sites included by FriendCaller in their online package, it is possible that in certain circumstances this function is not available. FriendCaller and C2Call guarantee that once a connection has been established, the call charges will not change during that call. Because of the volatility of the call charges, FriendCaller and C2Call must always keep their price list up to date, which means that individual call charges may change from time to time. However, the call charges will not change during a call.
(3) FriendCaller and C2Call also offer customers the option of diverting incoming calls to a previously determined fixed-line and/or mobile telephone number. The relevant applicable version of the call charges, accessible at www.FriendCaller.com and www.C2Call.com at any time, shall apply to the diversion. § 5 of these general terms and conditions shall apply in relation to any possible changes to these charges.
§ 6 Invoicing and Payment
(1) FriendCaller and C2Call offer a multitude of payment options through which customers may purchase credit for VoIP calls which are subject to charges as outlined in § 5 of these general terms and conditions.
(2) For the pre-paid procedure, customers may purchase credit in various denominations. After selecting a certain amount of credit, the customer is automatically taken to the domain of a cooperative partner. There, the customer must complete a once-off registration process, while our partner organisation shall bear sole responsibility for the individual registration steps and legal conditions.
(3) After successful registration with one of our cooperative partners, and subsequent to transfer of the credit to FriendCaller or C2Call, an account will be established with FriendCaller or C2Call which displays the customer's current credit balance. This credit may then be used by the customer to make telephone calls. The customer will be informed as soon as the online account balance falls below a certain level. There is no obligation to purchase credit. Should the credit run out during a VoIP call, that call will be terminated automatically.
§ 7 Privacy Protection
(1) The legal principles for handling personal customer data are, among other instruments, contained in the German Federal Data Protection Act [Bundesdatenschutzgesetz] (BDSG) and the German Telecommunications Act [Telekommunikationsgesetz] (TKG). Personal data shall only be collected, processed or used if the affected party has consented, or if the TKG or another legal provision directs or permits it. To this extent, the processing of data is especially permitted where it is necessary. It is deemed to be necessary for the substantiation and formation of the contractual relationship (inventory data), for the provision of telecommunications services (connection data) and for the charging of these services in relation to FriendCaller or C2Call credit (invoicing data).
(2) FriendCaller and C2Call are entitled to process and use inventory data for the purposes of customer support, for marketing FriendCaller and C2Call products and for market research, insofar as it is necessary for these purposes.
(3) FriendCaller and C2Call are entitled to collect, process or use connection data where necessary for the performance of the contract: * The number or identifier of the relevant connections or terminal, personal authorisation identifiers, card numbers where customer cards are used, and location data in the case of mobile connections;
* The beginning and end of the relevant call in terms of date and time, and the volume of data transferred if subject to charges;
* The telecommunications service utilised by the user;
* The terminals for non-switched calls, their beginning and end in terms of date and time, and the volume of data transferred if subject to charges;
* Other personal data necessary for the establishment and maintenance of telecommunication and for the invoicing of charges.
(4) FriendCaller and C2Call provide the customer with an individual call record (EVN), available in his/her personal configuration menu on the www.FriendCaller.com and www.C2Call.com website, in which the selected chargeable calls are listed with information relating to time and cost. As soon as the customer chooses to have the EVN displayed anonymously, by altering the relevant settings in the configuration menu or by applying in writing, FriendCaller and C2Call will obscure the last three digits of each listed call in the individual call record provided. The customer shall immediately inform all co-users of the FriendCaller or C2Call telephony connection in the household and all future co-users that the connection data used to generate records was disclosed to him/her.
(5) If FriendCaller or C2Call provide a service in conjunction with or via a third party – domestically or internationally – namely, calls to other network providers, information services, roaming, WAP, ERP, info kiosks etc, or if the customer engages the services of a third party via the FriendCaller or C2Call network, FriendCaller or C2Call may disclose customer data to this third party if such a disclosure is necessary for the provision and performance of that service, or for collection procedures. FriendCaller or C2Call shall not, however, be liable for any possible misuse of the data by third parties if FriendCaller or C2Call are neither negligent nor culpable.
§ 8 Liability
(1) Regardless of the type of breach of obligation, damages compensation claims, including prohibited dealings, are excluded if they result neither from intentional nor from grossly negligent conduct on the part of FriendCaller or C2Call. FriendCaller or C2Call shall be liable for each case of negligence in the breach of substantial contractual obligations, but only to the extent of foreseeable damage. Claims of loss of profits or saved expenditure on the basis of third party damages compensation claims or other direct or consequential damages shall not be asserted, unless a condition guaranteed by FriendCaller or C2Call demands that the customer be safeguarded against such damage.
(2) The limitations of liability and exclusions in paragraphs 1 and 2 shall not apply to claims which arise on the basis of malicious or fraudulent conduct on the part of FriendCaller or C2Call, nor to liability for guaranteed conditions, claims pursuant to the German Product Liability Act [Produkthaftungsgesetz] or damages arising out of death, bodily injury or illness.
(3) To the extent that the liability of FriendCaller or C2Call is excluded or limited, this shall also apply to employees, subcontractors, representatives or vicarious agents of FriendCaller or C2Call.
§ 9 Amendments to the General Terms and Conditions
FriendCaller or C2Call are entitled to amend these general terms and conditions. Customers shall be notified of any amendments on the start page of the domains www.FriendCaller.com and www.C2Call.com at least six weeks prior to any such amendments coming into effect. The customer may object to the amendments within four calendar weeks of receipt of the notification. Otherwise, the amendment shall be deemed to be approved. If the customer objects to the amendment, a right of extraordinary termination shall accrue to FriendCaller or C2Call. If the customer has a credit balance when the right of termination is exercised, it will be reimbursed upon request.
§ 10 Concluding Provisions
(1) Every amendment to the contract, including verbal agreements, is required to be in written form to be valid. There are no additional verbal agreements in existence at the time of entering into the basic contract. The law of the Federal Republic of Germany is to apply, while the UN law regarding the sale of goods is excluded.
(2) If the customer is a businessman for the purposes of the German Commercial Code [Handelsgesetzbuch] (HGB) or a statutory body [Körperschaft des öffentlichen Rechts], the local court where our head office is located shall be the exclusive legal venue. This shall apply to both subject matter and territorial jurisdiction.
(3) Should a provision contained in these terms and conditions be or become invalid, the validity of the other provisions shall not be affected. The invalid provision is to be replaced by another valid provision which is closest in terms of content to that which the parties would have agreed upon had they been aware of the nullity of the invalid provision at an earlier stage.
§ 11 Fair Usage Policy
(1) Get your number for the first month FREE and use it all you want to receive calls and sms from any landline or mobile phone on your iPod Touch, iPad or browser. After your first month, pay only pennies per month to keep your number. A monthly subscription fee is automatically deducted from your call credit. You may terminiate your subscription at anytime.
(2) Free incoming calls and text messages to your phone number included in your subscription are subject to a fair usage limit of 3,000 minutes per user per month and 3,000 messages, with a maximum of 2 hours and 100 messages per day. Once you exceed these limits FriendCaller will charge you the normal rates for outgoing phone calls and text messages (also called SMS). Each subscription is to be used by one person only and is not to be shared with any other user or to operate a call center, or any other telecommunication service.
Last Update: 2014