I. General Terms

1. MERKUR Telekom Ltd. (“MERKUR”) is an agent for services of various telecommunication service providers (“platform operators”) for the territory of the Federal Republic of Germany; it sells predominantly prepaid calling cards (“calling cards”) in accordance with jurisdiction and the following general terms and conditions within the scope of technical and operational facilities. A contract negotiated with Merkur’s mediation is an exclusive contract between the platform operator and the customer.
2. Within the scope of telecommunication services concerning the calling card the following general terms and conditions apply exclusively. Contradictory terms cannot be accepted. Conditions presented by our customers and conflicting with ours can only be accepted if MERKUR has expressly agreed to these in written form. Our terms also apply where MERKUR provides unreserved services despite knowledge of contradictory or deviating terms.

II. Services by MERKUR

1. MERKUR provides calling cards with the purchase of which our customer has the opportunity of establishing telephone connections via suitable service providers. The customer must follow the instructions stated on the card with respect to the described process. These connections are only established if the remaining credit on the card suffices for placing the new call.
2. The customer must be aware that the telephone connections can not be established at any time.
3. With the procurement of the service the customer establishes an exclusive commercial relationship between the provider mentioned on the calling card and not with MERKUR. The providers’ full addresses are mentioned under XI.
4. In addition MERKUR acts as a service provider for telecommunication providers and platform operators and operates hotlines and processes customer requests on their behalf amongst other services.

III. Termination of Contract Services

1. MERKUR on behalf of the platform operator or MERKUR herself are entitled to suspend services stated in the contract immediately the customer gave reason for the immediate termination of the contract or hazards of the facilities of the telecommunication service provider or public safety are impending.
   
2. In case the platform operator is unable to comply with the contract due to industrial conflict, force majeure or other inevitable circumstances, he is released from his obligation to fulfill the services mentioned in the contract for the period the impediment perseveres.

IV. Duties and Responsibilities of the Customer

1. The customer shall immediately report malfunctions as well as complaints concerning the use of calling cards to MERKUR as the representative of the respective platform operator or to the platform operator directly.
2. The customer is obliged to protect his pin number from unauthorized use.
3. The customer is obliged to use the PIN number stated on his card in accordance with the directions of the platform operator. The access numbers from land line and mobile networks, in particular, must be used according to the specifications on the calling card.

V. Conditions of Payment

1. Every time the calling card is used with the respective access number and the PIN number, the selected platform operator charges the calling card account with the amount of the actually arisen calling fees stated in their latest pricelist. After the destination telephone number is dialed, the card value is announced in minutes available for the currently dialed call with respect to the access number.
2. The duration of the call is counted from the moment when the call is received at the platform operator and thus starts with announcement of minutes available. The duration of the connection ends as soon as the connection is separated. The amount due is thus calculated.
3. The price stated in the information leaflets, the internet and the pricelists of the calling card is due to change and refers to the connection fee per minute of the duration of the call. It is accounted for as stated in the information leaflets or the pricelists, (unless otherwise indicated) in one minute rounding. The amount due for the call is rounded to the next full cent.
4. Objections of the customer to debiting the card have to be directed in writing within 4 weeks after the customer receives notice of the remaining card balance. For keeping the term it is sufficient to put the objection into the mail in due time. No objections received in due time are regarded as an authorization for charging the card. Written objections can be directed to MERKUR or immediately to the platform operator. Objections sent to MERKUR are immediately forwarded to the respective platform operator.

VI. Duration of Contract

1. The calling card is valid only for a limited period of time. The period of validity depends on the value of the calling card. As long as there is sufficient credit left on the card to establish a telephone connection, the card can be used according to the general terms and conditions.
2. Unless otherwise stated on the calling card, it can be used up to 12 months after the day the first connection with the calling card platform operator was established. Afterwards the right to use the card and its present remaining value expire automatically. Further use of the platform can be technically interrupted from this moment.  

VII. Liability

1. Irrespective of the legal grounds, MERKUR only compensates for damages derived from the consultation and mediation of contracts with platform operators and that is to the full extent:
2. In case of intent and gross negligence to the full extent;
3. In case of light negligence only if an essential contractual obligation (cardinal obligation) was violated, damage is limited to the typical contractual damages, which were reasonably foreseeable at the time the contract was closed.

1. Liability for all other damages is excluded – especially for consequential damage, indirect damage or compensation for lost profits.
2. If MERKUR’s liability is excluded or limited, this also applies to the liability of our employees, coworkers, representatives and affiliates of MERKUR.
3. MERKUR is not liable for damage caused by services, connection lines or technical facilities provided by the platform operator or third parties.
4. MERKUR is not liable for the unauthorized use of telecommunication services by third parties.

VIII. Storage of Connection Data

1. MERKUR advises that the arisen connection data are deleted by the platform operator after a period of 80 days after note on the remaining card value was received.
2. If the connection data are deleted after the termination of the period mentioned in (a), MERKUR (as agent of the platform operator) or the platform operator himself are released of the obligation to present the data as proof of correct billing.
3. If the customer filed objections to the amount of the charged connection fees within the proper term mentioned in clause (a), the platform operator is entitled to store the data until the objections are finally clarified.

IX. Privacy and Secrecy of Telecommunications

1. As far as the services of the respective platform operator are concerned, MERKUR is obliged to comply with the stringent German data protection provisions, in particular with the German Federal Data Protection Act (Bundesdatenschutzgesetzes (BDSG)) and the Telecommunication Services Data Protections Act (Telekommunikationgesetz (TKG)) and must observe secrecy of telecommunications.
2. Personal data of the customer are only collected, where the person affected gave their consent, or, the BDSG, TKG or any other legal regulation require or allow for their collection.

X. Final Clause

1. Subsidiary agreements, deviations or supplements of these terms are only accepted in writing.
2. These terms and conditions and corresponding pricelists can be viewed, downloaded or printed on the internet. They are exclusively
3. published in the internet.
4. In the event that individual provisions of these general terms and conditions are or become invalid, or an essential clause is not contained, the effectiveness of the other provisions of these terms and conditions remain unaffected.
5. The terms and conditions are subject to German law, excluding the UN Sales Convention.Place of jurisdiction is Frankfurt / Main.

XI. Addresse of the platform operators