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General Terms and Conditions, Mobile Communications Service T-Mobile. …
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Created: Mon Apr 21 09:34:12 2008
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General Terms and Conditions, Mobile Communications Service T-Mobile.
1 Subject matter responsible for the event giving rise to the costs;
The following provisions set forth the terms for the use of the Mobile Communications Service b) in the event that he uses online billing, ensure that the technical facilities are available so
operated by T-Mobile Deutschland GmbH (hereinafter referred to as T-Mobile), Landgrabenweg that he can retrieve the bill, as agreed, on a regular basis in order to meet the duties and
151, 53227 Bonn (District Court Bonn, HRB 5919). Any diverging general terms and conditions obligations incumbent upon him under the agreement on the T-Mobile mobile communica-
of the customer shall not apply even if T-Mobile does not expressly object thereto. tions service;
c) inform the customer service without delay if the T-Mobile card has been lost or mislaid by
2 Establishment of the contractual relationship calling 0180 3 302202 1) and quoting his call number and card number or the call number
2.1 The agreement on the mobile communications service shall come about through a request and customer code or the card number and customer code;
from the customer for the conclusion of a T-Mobile communications agreement (hereinafter d) inform T-Mobile in writing without delay if he changes his name, his address, or the bank
referred to as "offer") and the activation of the T-Mobile card by T-Mobile (hereinafter referred to or the bill recipient changes or have this information provided by a third party authorized
as "acceptance"). to perform such a task;
2.2 T-Mobile enables the customer, upon the submission of his offer, to import a mobile com- e) use information which he has retrieved by SMS via a mobile communications terminal sole-
munications call number of a telecard under a mobile communications agreement of a different ly for his own private purposes and not for commercial use.
German mobile communications provider into the GSM 900/ 1800 MHz mobile network of 5.2 The customer shall not make improper use of the services. In particular, the customer shall
T-Mobile (hereinafter referred to as the "T-Mobile network"). The request for importing (a) mobi- a) not send any legally prohibited, unsolicited information, material or other services, such as
le communications call number(s) (hereinafter referred to as the "porting request") can be sub- unrequested and uninvited advertising by e-mail, fax, telephone or SMS, or illegal dialing
mitted together with the offer up to 123 days before the previous mobile communications agree- programs;
ment ends and up to 31 days after it has ended. In the case of simultaneous number porting, the b) not establish unlawful contact using telecommunication services (§238 of the German
offer can be accepted only if the previous mobile communications provider has released the Penal Code);
number(s) for porting. If the porting request cannot be carried out for technical reasons, the offer c) not transmit or post on the Internet any information that is illegal or in violation of accep-
shall be cancelled. The customer shall be informed in such a case. ted moral standards, nor make reference to such information. This shall include in particu-
2.3 The Customer shall have the right to withdraw the offer, including the porting request, or lar information that as defined in §§ 130, 130a, and 131 of the German Penal Code (Straf-
withdraw only the porting request up to the time of acceptance by T-Mobile. If the customer only gesetzbuch) incites hatred and violence against segments of the population, leads to cri-
withdraws the porting request, the offer remains valid. If the offer, including the porting request, minal offences or glorifies or trivializes violence, is sexually offensive, is pornographic with-
or only the porting request is withdrawn within the last four weekdays before the agreement in the meaning of § 184 of the Penal Code, is apt to seriously endanger the moral welfare
begins, the former mobile phone number will still be ported into the T-Mobile network for techni- of children or youths or affects their general welfare, or could damage the reputation of
cal reasons; after four weeks, the ported mobile phone number shall automatically be returned T-Mobile. The provisions of the JMStV (Agreement of the German Federal States regarding
to the licensed mobile network operator that was originally assigned this number by the Federal the Protection of Human Dignity and Juveniles in Radio and Televised Media) and the
Network Agency. This only applies if the number has not been exported to a different network Juvenile Protection Act shall be complied with;
operator in the meantime at the customer's request. d) ensure that the use of individual functions and, in particular, the creation or sending of
messages does not cause any disruption to T-Mobile, other providers or any other third par-
3 Services provided by T-Mobile ties;
3.1 Subject to technical and operational feasibility, T-Mobile shall provide the customer with a e) not establish calls that result in payments or other considerations from third parties to the
T-Mobile line and shall allocate a mobile number in the T-Mobile network to the customer unless customer;
a number is imported. For this purpose, T-Mobile shall provide the customer with a T-Mobile card f) ensure that national and international copyrights, trademark, patent, and name rights, as
encoded with the allocated or imported number. The software on the T-Mobile card shall remain well as other industrial and personal rights of third parties are observed.
the property of T-Mobile. The T-Mobile card contains the authorization for access to the T-Mobile 5.3 Posting content
Communications Service and enables individual directories to be stored (e.g. call number direc- If T-Mobile provides the customer with storage space to centrally store or administrate his own
tories). T-Mobile shall offer the customer the use of the T-Mobile network, in particular, the ser- contents for general purposes or in connection with the provision of services, T-Mobile shall
vices listed in the service specifications "Mobile Communications Service of T-Mobile", when the store or process them on behalf of the customer. Vis-à-vis T-Mobile and third parties the custo-
customer is connected to the T-Mobile network. mer shall be responsible for the content posted via his identification or on his instruction or pro-
3.2 The customer can answer mobile communication calls or set up calls to other lines with the cessed otherwise, in particular for the content's legality. The customer shall, in particular, obser-
aid of mobile terminal equipment if he is connected to the T-Mobile network; mobile phone calls ve the provision of the German Criminal Code [Strafgesetzbuch], the Juvenile Protection Act
to lines abroad and mobile phone calls via foreign GSM mobile networks (international roaming) [Gesetz zum Schutz der Jugend] and the Data Protection Act [Datenschutzgesetz], national and
shall be set up only if this is technically feasible and agreed upon with foreign network operators. international copyrights and trademark, patent, and name rights as well as any other industrial
3.3 Upon termination of his T-Mobile agreement, the customer has the option of exporting all rights and personal rights of third parties and indemnify T-Mobile against any claims by third par-
or individual mobile communications numbers allocated to the T-Mobile line to another German ties if these duties are breached.
mobile communications provider. In this case the customer must have placed a porting request
with another German mobile communications provider no later than 31 days after his T-Mobile 6 Terms of payment
communications agreement has ended. For technical and/or administrative reasons, the mobile 6.1 The charges shall fall due upon receipt of the bill. This includes charges for services to
number of T-Mobile is exported to a different mobile communications provider in individual which T-Mobile provides access. If online billing is requested, the bill shall be deemed received
cases up to four calendar days before the end of the mobile communications agreement. In such when it is available in the customer account. If the customer has furnished a direct debit autho-
a case, the T-Mobile agreement shall end once the number is exported. From this point in time, rization, the amount due shall be debited by T-Mobile directly from the customer's bank account
T-Mobile shall cease to provide the agreed services. The services actually provided by T-Mobile no earlier than five weekdays after receipt of the bill. If the customer has not furnished a direct
shall be billed to the customer exactly to the day. debit authorization, the amount due must be credited to the T-Mobile account specified in the bill
3.4 The customer shall be provided with the T-Mobile card exclusively for the purpose of voice no later than 10 days after receipt of the bill.
transmission and data transmission as contractually agreed. It is not permissible to forward any 6.2 If the date on which the mobile communications line is provided ready for operation is not
calls via the T-Mobile card unless expressly provided for in the service specifications for the at the beginning of a month, the monthly charges shall be payable for the rest of the month on a
Mobile Communications Service of T-Mobile. In particular, it is not permissible to use the pro rata basis. In this case, 1/30 of the monthly charge shall be payable for each chargeable day.
T-Mobile card in switching and transmission systems that initiate or forward calls of a third party 6.3 In the case of the T-Mobile tariff rates Basix, Relax 50, Relax 50 Friends, Relax 100 Friends,
(voice calls or data transmission) to another third party, and such use shall entitle T-Mobile to ter- Max S and MyFaves, the customer is obligated to furnish a direct debit authorization. There is
minate the agreement for good cause. also an obligation to participate in direct debiting when online billing is requested.
3.5 The signaling channel serves the purpose of transmitting information to control call set-up, 6.4 A valid, comprehensive T-Mobile price list for mobile communications services can be vie-
call clearing and equipment in T-Mobile's network nodes. Payload data may be transmitted via wed at www.t-mobile.de.
the signaling channel (e.g. by extending the length of the destination number) only within the fra-
mework of network services offered by T-Mobile specifically for this purpose. 7 Deadline for objections
If the customer objects to the amounts charged on a bill, he shall notify T-Mobile thereof in wri-
4 Online billing ting within eight weeks after receipt of the bill. If the customer fails to raise the objections in time,
4.1 T-Mobile shall enable the customer to receive his monthly bill electronically (online billing) the bill shall be deemed accepted. T-Mobile will specifically outline the consequences of non-
instead of on paper. In this case, the customer shall have the opportunity to retrieve his billing submission of punctual objections in the invoice. This stipulation shall be without prejudice to
data in a computer system. In order to retrieve billing data, an Internet access is required, for any legal claims the customer has in the event of justified objections filed after the deadline.
which a separate agreement must be concluded with an Internet service provider.
4.2 Upon requesting online billing, the customer only receives his bills online; bills will not be 8 Default
sent separately on paper. 8.1 If the customer fails to pay on time, T-Mobile is entitled to block the mobile communicati-
4.3 The online billing agreement has a minimum term of 3 or 24 months. The agreement on ons line at the customer's expense if the amount due that the customer has failed to pay is at
online billing may be terminated by either party by giving one day's notice with effect from the least EUR 5.50. In this case, the customer shall still be required to pay the monthly charges.
end of the minimum term in each case. At the end of the minimum term, the online billing agree- 8.2 Should the customer be in arrears
ment can be terminated by either party at any time with effect from the following month (if noti- a) with the payment of charges, or a significant part thereof, for two consecutive months, or
ce is given on the last day of a month, with effect from the month after next). Notice of terminati- b) for a period of more than two months in the payment of charges amounting to the basic
on must be given in writing. The T-Mobile mobile communications agreement shall remain unaf- monthly charge or the monthly package charge for two months, T-Mobile may terminate the
fected by the termination of the online billing agreement. agreement without notice.
8.3 T-Mobile reserves the right to assert any other claims arising from a default in payment.
5 Duties and obligations of the customer 8.4 In addition, in the case of agreements in which the customer undertakes to pay a monthly
5.1 In particular the customer shall package price, T-Mobile shall be entitled, if it terminates the agreement in accordance with no.
a) pay the agreed charges on time, including all charges for services to which T-Mobile provi- 8.2, to demand compensation from the customer as a lump-sum payment amounting to 50% of
des access. For any check not paid or any debit advice not honored or returned, the cus- the monthly package price that would have been payable up to the end of the minimum term of
tomer shall reimburse T-Mobile for the costs incurred to the extent that the customer was the agreement (no. 10.2). This shall not apply if the customer demonstrates that no damage was
1)
EUR 0.09/ minute from the German fixed network, variational prices for calls from the mobile network are possible.
This translation is intended solely for informational purposes; the original German text shall be legally binding. 1|5
incurred or that the actual damage incurred was substantially less than the lump-sum payment. 11 Limitation of liability
8.5 If T-Mobile fails to provide the agreed service on time, liability shall be in accordance with 11.1 T-Mobile has unlimited liability in cases of willful intent or gross negligence. T-Mobile also
Item 11. The customer shall be entitled to withdraw from the agreement only if T-Mobile fails to has unlimited liability in the event of a negligent breach of duty if this concerns claims based on
provide the service within an additional period of time granted by the customer, which must be injury to life, limb or health.
at least two weeks. 11.2 In other respects, T-Mobile shall only be liable in case of slight negligence if an essential
obligation under the agreement has been violated. For cases of damage involving purely pecu-
9 Changes in the General Terms and Conditions, service specifications and prices niary damage, liability in relation to an individual customer in cases of slight negligence is re-
9.1 If T-Mobile intends to change the general terms and conditions, service specifications or stricted to a maximum amount of EUR 12,500, in relation to the entirety of the damaged parties,
prices, T-Mobile shall submit to the customer a written offer to amend the agreement. If the cus- to a maximum amount of EUR 10,000,000 per damage-causing event. If, in the latter case, the
tomer does not object to this offer - or does not do so in due form and time pursuant to Item 9.2 compensation exceeds the said maximum amount payable to several parties due to the same
- the offer shall be deemed to have been accepted. In this event, the amendment to the agree- event, the damages shall be reduced by the ratio of the total of all the claims for damages to the
ment shall come into force one (1) month after receipt of the offer. However, if the customer maximum amount.
objects to the offer in due form and time, the agreement shall continue unchanged under the 11.3 The liability of T-Mobile pursuant to the provisions of the German Product Liability Act
terms and conditions heretofore in effect. based on malice or under a guarantee remains unaffected.
9.2 The customer's objection (Item 9.1) shall have been made in due form and time only if it is 11.4 T-Mobile assumes no guarantee for the accuracy and completeness of the contents of
submitted in writing and is received by T-Mobile within one (1) month after receipt of the offer. In information provided by itself or third parties.
its offer, T-Mobile shall expressly refer to the requirements for lodging an objection and the legal
consequences specified in Items 9.1 and 9.2. 12 Use by third parties
9.3 If the customer has raised an objection in due form and time, and if T-Mobile subsequent- 12.1 The customer is not allowed to make the T-Mobile line available to third parties for their
ly notifies the customer in writing that T-Mobile cannot be reasonably expected to continue the permanent, sole use or commercial use without the consent of T-Mobile. The contractual agree-
agreement without amendment for technical or economic reasons, the customer shall have the ment does not entitle the customer to use the T-Mobile card as a provider of telecommunications
right to terminate the agreement within one (1) month of receiving this notification. The termina- services himself and to offer T-Mobile communications services, switching or interconnection
tion must be made in writing. If the customer (a) does not terminate the agreement - or does not services to third parties; for this, it is necessary to conclude a separate agreement with T-Mobile.
do so in due form and time - or (b) does not expressly declare that he demands performance of 12.2 The customer shall pay any charges incurred by third parties who use the T-Mobile line
the unamended agreement in writing within a period of (1) month after receiving the notification, with his consent. This shall apply, in particular, to charges for services to which T-Mobile provi-
the customer shall be deemed to have waived his claim to performance of the particular service des access.
that T-Mobile cannot be reasonably expected to provide as stated in the notification. In this event, 12.3 Charges incurred due to the unauthorized use of the line shall be paid by the customer if
T-Mobile shall have the right to perform the agreement as though the amendment had come into and insofar as he is responsible for such unauthorized use. After the loss of the T-Mobile card,
force. the customer shall pay only those charges incurred for calls until receipt of the notification by
9.4 If the customer terminates the agreement in due form and time (Item 9.3), the agreement T-Mobile. This also applies to charges for services to which T-Mobile provides access.
shall be terminated hereby at the end of the month in which the notice of termination was re-
ceived by T-Mobile. In its notification, T-Mobile shall expressly refer to the termination require- 13 Transfer of the agreement/ Other provisions
ments and the declaration under Item 9.3 (b) as well as to the legal consequences specified in 13.1 The customer shall have the right to transfer the rights and obligations under this agree-
Items 9.3 and 9.4. ment on T-Mobile's mobile communications service to a third party only with the prior written
9.5 In case of a change in the sales tax prescribed by law and if proof is furnished of a change consent of T-Mobile.
in labor costs, T-Mobile is entitled to adjust the prices accordingly. 13.2 The obligations arising under this agreement may be transferred to Deutsche Telekom AG
(Postfach 20 00, 53125 Bonn), to T-Mobile International AG (Landgrabenweg 151, 53227 Bonn)
10 Termination or to an affiliated company of the said companies without the customer's consent. In the latter
10.1 Agreement for an indefinite period of time: The agreement may be terminated by either case, the customer shall have the right to terminate the agreement without notice.
party by observing a notice period of six weeks effective from the end of any calendar day. The 13.3 If the customer intends to initiate arbitration proceedings with the Federal Network Agency
notice period starts once the written notice of termination has been received by the other party. in the event of a dispute with T-Mobile on the cases specified in § 47a of the German Tele-
10.2 Agreement for a fixed term of 24 months: The agreement may be terminated by either communications Act (TKG), he must send an application to the Federal Network Agency in Bonn.
party, at the earliest, with effect from the end of the minimum term of the agreement. The other 13.4 There are no oral supplementary agreements.
party must have received notice of termination in writing at least 3 months before the expiry of
the minimum term of the agreement. If notice of termination is not given by either party, the
agreement shall be automatically extended by 6 months. For the termination of any of the follo-
wing 6-month terms of the agreement, the provision in sentence 2 applies accordingly.
This translation is intended solely for informational purposes; the original German text shall be legally binding. 2|5
Mobile Communications Service of T-Mobile (Service Specifications).
I Network services.
In addition to voice transmission, T-Mobile offers the following additional network services: 3 GPRS from T-Mobile
Within the network of T-Mobile Deutschland, T-Mobile shall offer GPRS (General Packet Radio
1 SMS Service), based on the GSM standard, for packet-switched transmission of incoming and out-
SMS (Short Message Service) enables the customer to send and receive short messages of up going data traffic. The use of GPRS requires a GPRS-compatible mobile device. The useable
to 160 characters long (SMS) using SMS-compatible mobile devices. In order to receive a mes- data transmission rate depends, among other things, on the number of available incoming and
sage on the mobile device, there must be available storage space on the T-Mobile card. The cus- outgoing GPRS channels (one GPRS channel supports speeds of up to 13.4 Kilobits per second)
tomer can delete individual SMS messages and thereby free up storage space for receiving addi- and the current network capacity utilization. The network of T-Mobile Deutschland currently sup-
tional SMS messages. T-Mobile's SMS Service Center tries to deliver the SMS message to the ports mobile devices with up to four incoming GPRS channels and up to two outgoing GPRS
recipient for a period of 48 hours, after which no further attempts are made, and the SMS mes- channels. GPRS from T-Mobile provides access for the use of WAP services and, in conjunction
sage is deleted in T-Mobile's SMS Service Center. There is a charge for sending an SMS irrespec- with suitable supplementary equipment (PC, PDA or combination device), access for the use of
tive of whether or not it is successfully received. certain standard Internet services (surfing the World Wide Web using a browser, sending and
receiving electronic mail).
2 WAP from T-Mobile
Within the network of T-Mobile Deutschland, T-Mobile shall provide, via the WAP system (WAP =
Wireless Application Protocol), access to Internet content in wml (wireless markup language) for-
mat. The use of this service requires a WAP-compatible mobile device.
II Network service.
T-Mobile offers the following network services: 3.2 Call hold
An active voice call can be placed on hold, i.e., the parties can no longer hear or talk to each
1 Call forwarding other, but the call "on hold" is not released.
If call forwarding has been activated, the network of T-Mobile Deutschland automatically for- 3.3 Call waiting
wards, without operator intervention, the incoming calls for the T-Mobile line to the mobile mail- If the customer has activated call waiting, the arrival of a call is signaled by a tone (depending on
box (if configured) or to a line specified by the customer (mobile or fixed network line) in Ger- the mobile device) while another voice call is in progress.
many or another country.
4 Calling Line Identification Presentation
2 Mobile mailbox By default, the calling party's T-Mobile number is shown on the called party's display. In additi-
Under certain tariff rates, T-Mobile provides the customer with a mobile mailbox. The mobile on, the display of the user's own number can be suppressed for each call on the mobile device
mailbox stores voice messages for a maximum of 21 days, unless they are retrieved earlier. Re- by entering #31# prior to dialing. On request, the number can also be suppressed by default
trieved messages are stored for a maximum of seven days. If the customer does not use the and activated on a per-call basis on the mobile device (by entering *31# before dialing).
mobile mailbox, that is, if the customer does not check it for messages for a period of more than
90 days, T-Mobile reserves the right to deactivate the mobile mailbox. The mobile mailbox can 5 MultiSIM
be reactivated at the customer's request. The maximum duration of a voice message is limited to Upon request, the customer shall be provided with up to two additional T-Mobile SIM cards per
five minutes. A total of 99 voice messages can be stored. The mobile mailbox can be accessed mobile line from T-Mobile with specified calling plans that enable the customer to be called at
using four- to ten-digit PIN numbers (mobile mailbox PIN) via multi frequency code dialing the number assigned to him/her (item 3.1). The MultiSIM service facilitates the use of up to three
(MFC), even from other telephone networks. The customer can free up storage space by deleting mobile terminals per line. While the service does not support calls between the individual
voice messages. The customer can deactivate or reactivate certain default settings (e.g. notifica- MultiSIM cards, the customer can make simultaneous outgoing calls from all MultiSIM cards.
tion call) by calling the mobile mailbox. MultiSIM does not support and must not be used neither for making simultaneous data commu-
nication calls via identical APNs (Access Point Names) nor for simultaneous telemetric applica-
3 Extra feature services of T-Mobile tions.
3.1 Conference
The conference feature enables the customer to connect up to 5 parties to the same call. Each
party can hear and talk to each of the other parties.
III Service numbers, SMS services and access service.
In addition to the network and network customer services described in Items 1 and 2, some in 3 Access service
cooperation with third parties, T-Mobile also offers additional service numbers and SMS services T-Mobile provides access (access service) to other services that are provided either by T-Mobile
as well as an access service in the following categories: itself outside the scope of this agreement or by contractual partners of T-Mobile, in particular
access to
1 T-Mobile service numbers
a) Business customer service a) information, entertainment and similar services offered by T-Mobile partners;
b) Information service b) other services to which the customer gains access using a user ID/password combination
c) Entertainment provided by T-Mobile or in a similar manner and which are charged on the bill.
d) Services offered jointly with other service providers
e) Calls to services of the Deutsche Telekom AG In the categories "Service numbers of T-Mobile" and "SMS services", T-Mobile provides services
(including directory inquiry services of the Deutsche Telekom AG) within the specified categories for retrieval by a voice or SMS call. T-Mobile reserves the right to
f) Calls to other directory inquiry services replace individual offers and services within a category with other offers or to discontinue them
on a seasonal basis or depending on demand. The same applies to the termination of coopera-
2 SMS services tive arrangements with third parties. Although T-Mobile shall generally provide the "access ser-
a) Business customer service vice", it does not guarantee the continuation of services that are provided by T-Mobile partners
b) Information services or by T-Mobile itself outside the scope of this agreement.
c) Entertainment
d) Services offered jointly with other service providers
This translation is intended solely for informational purposes; the original German text shall be legally binding. 3|5
Information on Data Protection in the Mobile Communications Service
of T-Mobile. The Security and Confidentiality of Your Data is Guaranteed.
1 Information on data protection 6 Itemized bill
The protection of your personal data in all of our business processes is of special concern to T- You may request in writing the issue of an itemized bill containing an overview of the calls you
Mobile. To be able to perform our various services in a customer-oriented and proper manner, made that are subject to a charge. In principle you may choose whether the destination numbers
we collect and use your data within the scope of legal provisions and as described hereafter. are disclosed in full or without the last three digits. The disclosure of the full destination numbers
is possible only if your traffic data is stored completely. In the case of RechnungOnline (online
2 Contractual data billing), you can receive an itemized bill up to 80 days after dispatch of your bill only if your traf-
We process and use the data collected upon conclusion of the agreement and during the term fic data is stored.
of the agreement that are required for both sides to properly fulfill the agreement, as well as
voluntary disclosures (contractual data). These data include the title, first and last names, 7 Calling line ID
address, date of birth, telephone numbers and/or e-mail addresses, data for settlement of pay- Your line is configured such that the number of the calling party is displayed to the called party.
ments, revenue data broken down according to the services, products or rates used (excluding If you wish to deactivate this function, you can prevent the presentation of your T-Mobile number
individual traffic and usage data) and information on which products you are already using. on the recipient's handset either per call by first dialing #31# or permanently via the T-Mobile
Customer Service. For outgoing text messages, the number of the sender of the text message
3 Consultation, advertising and market research always appears within the text message for technical reasons.
If you have given your consent, we will also use the contractual data from agreements you have
concluded with Deutsche Telekom AG and T-Mobile Deutschland GmbH to provide you with 8 Request for information about yourself in accordance with § 34 Bundesdatenschutz-
general customer consultation as well as for advertising and market research purposes. The con- gesetz (German Federal Data Protection Act)
tractual data is used jointly or individually by the aforementioned companies within the scope of You may request free of charge information on the scope, origin and recipient(s) of the stored
the consent granted by you. In accordance with § 3 Bundesdatenschutzgesetz (German Federal data as well as the purpose of storage. In addition, you may request at any time that incorrect
Data Protection Act), the use of data includes processing, especially the transfer and use of the data be corrected.
data.
This consent shall apply to any currently existing agreements and to any agreements that you will 9 Contact
conclude in the future with one of the aforementioned companies. It shall be valid until the end If you have questions, please contact the customer service department responsible for your
of the calendar year following the termination of the agreement in question. You are entitled to account
revoke your consent at any time by contacting one of the aforementioned companies. Refer to
your contractual documents or look on the Internet at www.telekom.de for the addresses to be T-Mobile Deutschland GmbH
used for your revocation. Business Customer Service
If companies of the Group to which you have given your consent are reorganized, your consent P.O. Box 30 04 64, 53184 Bonn
to the joint use of the data also refers to the company to which customer relationships are trans- Telephone: Speed dialing from a T-Mobile mobile phone: 2828 (free of charge) 1)
ferred. In this case, you will be notified in writing (e.g., in the context of a bill) or by means of anot- From the fixed network: 0180 3 302828 2)
her channel of electronic communication agreed upon with you about the reorganization and Fax: 0180 5 212211 3)
about your right to revoke your consent at any time. Internet www.t-mobile.de/business
The data will not be transmitted to other third parties unless you have agreed to this or we are E-mail: servicecenter.gk@t-mobile.de
obligated to do so on the grounds of legal provisions or this is expressly permitted on the
grounds of a legal provision. or the Group data protection officer of Deutsche Telekom AG, Dr. Claus D. Ulmer, Friedrich-Ebert-
Allee 140, 53113 Bonn, Germany, datenschutz@telekom.de
4 Traffic, usage and billing data; message content
For the proper performance of our services and for billing purposes, we store and use the follo-
wing data, if relevant: The phone number or ID of the calling or called line, the service used, start
and end of the call, the volume of transmitted data, the cell ID, the T-Mobile card number and the
mobile device number.
Data on incoming call attempts and notifications are used only within the scope of a correspon-
ding service offer (e.g., voice mailbox and text messaging applications). Message content itself
is stored only if you authorize this (e.g., Mobilbox and text messaging applications) or relevant
services require intermediate storage, e.g., for text messages (short message service, SMS) or
multimedia messages (multimedia messaging service, MMS).
5 Retention period for data and message content
Your contractual data are deleted at the end of the calendar year following the termination of the
agreement. We will delete your traffic and usage data stored in our system for billing purposes
80 days after dispatch of the bill. The maximum statutory retention period is six months. You may
request in writing that all destination numbers be stored without the last three digits or be com-
pletely deleted immediately after the bill is sent. Otherwise, we will store your data in full. If you
request the shortening or deletion of destination numbers, then we shall be released, upon com-
pliance with your request, from the obligation to present traffic data to prove the correctness of
your bill if you object to the amount billed. Any allocated IP address is used exclusively to pre-
vent misuse and is deleted seven days after the end of the call.
The deletion of message content that is located on the storage media provided by us, in particu-
lar intermediately stored or saved voice messages, text messages, multimedia messages and e-
mails, is initiated by yourself or takes place according to the service features requested by you
upon termination of the agreement, upon expiry of certain retention periods or upon exceeding
a certain volume of data.
1)
Except with the BusinessSmart and BusinessOptimal calling plan: EUR 0,69 net per minute (60/1 times units).
2)
EUR 0.09/ minute from the German fixed network, variational prices for calls from the mobile network are possible.
3)
EUR 0.14/ minute from the German fixed network, variational prices for calls from the mobile network are possible.
This translation is intended solely for informational purposes; the original German text shall be legally binding.
T-Mobile Deutschland GmbH, Landgrabenweg 151, 53227 Bonn, Amtsgericht: Bonn, record HRB 5919, WEEE-Reg.-Nr.: DE60800328.
Supervisory Board: Hamid Akhavan (Chairman). Managing Board: Philipp Humm (Managing Director), Thomas Berlemann, Jiri Dvorjancansky, Dr. Peter Körner, Dr. Raphael Kübler, Günther Ottendorfer,
Dr. Steffen Roehn.
Last revision: May 5, 2008 4|5
I SCHUFA Clause relating to Telecommunications Agreements.
I/ we hereby give my/ our consent for T-Mobile to transmit data regarding the application for and vide goods and services on a credit basis. SCHUFA provides personal data only if a legitimate
acceptance and termination of this telecommunications agreement to SCHUFA HOLDING AG, interest in this has been credibly demonstrated in an individual case. SCHUFA passes on
Hagenauer Straße 44, 65203 Wiesbaden and to receive information about my/ our person from address-related data for the purpose of locating debtors. When issuing information, SCHUFA
SCHUFA. may provide its contractual partners in addition with a probability value calculated from its data-
base to assess the credit risk (score procedure).
Irrespective of this, T-Mobile shall also provide SCHUFA with data due to behavior contrary to the I/ we may receive information from SCHUFA regarding the data stored in relation to my/ our per-
terms of this agreement (e.g. amount due following notice of termination, card misuse). These son.
reports are only permissible in accordance with the Federal Data Protection Act if this is permis-
sible after considering the interests of all those concerned. Further information regarding the SCHUFA information and score procedures may be found in
an information sheet, which is available upon request.
SCHUFA stores and transmits data to its contractual partners in the single EU market in order to
provide them with information enabling them to assess the creditworthiness of natural persons. SCHUFA`s addresses are:
Contractual partners of SCHUFA include, most notably, banks and credit card and leasing com- SCHUFA HOLDING AG, Verbraucherservice, Postfach 60 05 09, 44845 Bochum.
panies. In addition, SCHUFA provides information to trading firms and other companies that pro- SCHUFA HOLDING AG, Verbraucherservice, Postfach 56 40, 30056 Hannover.
II Companies within the Deutsche Telekom.
I/ we hereby give my/ our consent for T-Mobile to pass on my personal data regarding the appli- public and that this does not impede my/ our interests worthy of protection. This shall also apply
cation for, and acceptance of, this telecommunications agreement to other companies within the in the event of a change of residence.
Telekom Group for credit rating purposes prior to the conclusion of this agreement and during
the term of this agreement and to request and process information about me/ us from other com- I/ We can obtain information from the T-Mobile fellow subsidiary accumio about personal data
panies within the Deutsche Telekom Group. concerning me/ us stored within the Deutsche Telekom Group for credit rating purposes by writ-
ten inquiry requesting credit-rating information about myself/ ourselves and by including a copy
In addition, I/ we hereby give my/ our consent for T-Mobile to pass on to other companies within of my/ our ID or passport. I/ we may receive information as to which companies of the Telekom
the Telekom Group personal data regarding any actions contrary to the terms of the agreement Group accumio works with.
(e.g., amount due following notice of termination, card misuse) during the term of the agreement
as well as regarding any blocking or termination of the agreement. accumio address is:
accumio finance services gmbh
The respective data transmission and storage is effective pursuant to the prerequisites set forth Postfach 11 04 08
in § 28 of the Federal Data Protection Act only to the extent that this is required for the observan- 30100 Hannover
ce of the legitimate interests of the companies of the Deutsche Telekom Group or the general
III Credit Inquiry Clause relating to Telecommunications Agreements.
I/ we hereby give my/ our consent for T-Mobile to pass on my personal data regarding the appli- Verband der Vereine Creditreform e.V.
cation for, and acceptance of, this telecommunications agreement to the credit inquiry agencies Hellersbergstraße 12
mentioned below for credit rating purposes prior to the conclusion of this agreement and during 41460 Neuss
the term of this agreement and to receive information about me/ us from such agencies.
Inkassobüro Tesch
In addition, I/ we hereby give my/ our consent for T-Mobile to pass on to these credit inquiry Postfach 21 08
agencies personal data regarding any actions contrary to the terms of the agreement (e.g., a- 51662 Wiehl
mount due following notice of termination, card misuse) during the term of an agreement as well
as regarding any blocking or termination of the agreement, provided this is necessary to protect Dr. Dausend Inkasso GmbH
the legitimate interests of T-Mobile and provided my/ our interests warranting protection are not 50726 Köln
prejudiced thereby.
Bürgel Wirtschaftsinformationen GmbH & Co. KG
The credit inquiry agencies store the data in order to transmit such to companies for the purpo- Postfach 50 01 66
se of assessing the creditworthiness of customers. Address-related data may be transferred to 22701 Hamburg
commercial collection agencies cooperating with the credit inquiry agencies in order to locate
debtors. The credit inquiry agencies only provide their contracting partners with the data, if they Bürgel Bonn Dausend Auskunftei GmbH
credibly demonstrate a legitimate interest in the data transmission. The transmitted data shall Gocher Straße 15
not be processed and used for any purpose other than that mentioned herein. I/ we may receive 50733 Köln
information from the credit inquiry agencies regarding the data stored in relation to my/ our per-
son. Rechtsanwaltskanzlei Seiler & Kollegen
Czernyring 22/11
Addresses of the credit inquiry agencies: 69115 Heidelberg
InFoScore Consumer Data GmbH
Rheinstraße 99 KSP, Kanzlei Dr. Seegers, Dr. Frankenheim & Partner
76532 Baden-Baden Postfach 57 01 60
22770 Hamburg
IV Fraud Prevention Pool (FPP) Clause relating to Telecommunications Agreements.
I/ we hereby give my/ our consent for T-Mobile to transfer data, in particular concerning the FPP information sheet from T-Mobile, reference: FPP Information Sheet, Postfach 30 04 44,
application for, blocking and termination of the agreement, to the Fraud Prevention Pool (FPP) 53184 Bonn.
operated by Bürgel Wirtschaftsinformationen. The task of the FPP is to give its contractual part-
ners information in order to protect them from bad debt losses and to also give them the oppor- The address of the Fraud Prevention Pool (FPP) is:
tunity to protect the Customer from more far-reaching consequences in case of loss/ misuse of Bürgel Wirtschaftsinformationen GmbH & Co. KG
the telecard. The transmitted data shall not be processed and used for any urpose other than that Postfach 50 01 66
mentioned herein. For further information on the Fraud Prevention Pool (FPP), please request an 22701 Hamburg
This translation is intended solely for informational purposes; the original German text shall be legally binding.
T-Mobile Deutschland GmbH, Landgrabenweg 151, 53227 Bonn, Amtsgericht: Bonn, record HRB 5919, WEEE-Reg.-Nr.: DE60800328.
Supervisory Board: Hamid Akhavan (Chairman). Managing Board: Philipp Humm (Managing Director), Thomas Berlemann, Jiri Dvorjancansky, Dr. Peter Körner, Dr. Raphael Kübler, Günther Ottendorfer,
Dr. Steffen Roehn.
Last revision: April, 1 2008 5|5