Terms of Use
Version May 2019-
Contractual partner
The contractual partners are Telekom Deutschland GmbH (hereinafter referred to as Telekom), Landgrabenweg 151, 53227 Bonn, Germany (Bonn Local Court HRB 5919) and the user who is not a consumer within the meaning of § 13 BGB (German Civil Code).
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Subject matter of the contract
Subject matter of this agreement is the provision of the online portal GK-Hub to companies based in Germany. The platform is provided exclusively for users in the exercise of their commercial or entrepreneurial activity. The GK-Hub is a web-based application for information and knowledge transfer for business customers. The GK-Hub provides information on the individual products from the Telekom product portfolio. The GK-Hub can be used by stationary and mobile end devices.
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Conclusion of contract
The contract for the provision of the GK-Hub between the user and Telekom is concluded upon receipt of the e-mail about the activation to the users.
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Registration of the user
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entrepreneurial status
The user assures to use the services exclusively within the scope of his commercial, professional or entrepreneurial capacity and not to be a consumer in the sense of §13 BGB.
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communication by e-mail
In connection with the use of the online portal GK-Hub, the user agrees to the correspondence by e-mail and will always deposit an up-to-date e-mail address. The user is aware that information essential for the provision of services, such as access data, information on changes of services and legal conditions, as well as information on service, impairments and maintenance work will be sent exclusively by e-mail.
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correctness and completeness
The user assures that all his details are complete and correct and that he is authorized to provide the relevant information.
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entrepreneurial status
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Duties of the user
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the user will keep his access data secret and not pass them on to unauthorized third parties. To the extent permitted by law, the user declares himself responsible for all activities carried out using his access data.
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the user may only pass on to third parties information that is marked as external. Information marked as internal may only be used internally by Telekom.
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the user will keep his access data secret and not pass them on to unauthorized third parties. To the extent permitted by law, the user declares himself responsible for all activities carried out using his access data.
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Consequences of inactivity
If the online portal GK-Hub is not used for a period of 3 months, Telekom reserves the right to delete the unused account. The user will not be informed separately about the deletion of the account. When using the GK-Hub online portal again, the user must register again.
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Liability
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Telekom shall have unlimited liability in cases of intent and gross negligence.
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in the case of slight negligence, Telekom shall be liable without limitation in the event of injury to life, body or health. If Telekom is in default of performance due to slight negligence, if its performance has become impossibleto maintain, or if Telekom has violated a material obligation, liability for property damage and financial losses resulting
therefrom shall be limited to the foreseeable damage typical of the contract. A material obligation is one whose fulfillment is essential for the proper execution of the contract, whose violation endangers the achievement of the purpose of the contract and on whose compliance the user may regularly rely.
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Telekom shall only be liable for the loss of data in the event of slight negligence under the conditions and to the extent of item 6.2) if the user has backed up his data in a suitable form so that it can be restored with reasonable effort.
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Liability for all other damages is excluded, in particular for loss of data or hardware malfunctions caused by incompatibility of the components existing on the user's PC system with the new or to be modified hardware and software and for system malfunctions that may be caused by existing misconfigurations or older, interfering drivers
that have not been completely removed. Liability under the provisions of the Product Liability Act remains unaffected.
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Telekom shall have unlimited liability in cases of intent and gross negligence.
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Changes to the terms of use
Telekom shall be entitled to amend these Terms and Conditions of Use with a reasonable period of notice of at least six weeks before the amendment takes effect, provided that the amendment is reasonable for the user taking into account the interests of Telekom or is required by decisions of public authorities or statutory provisions. The user shall be notified of the changes by e-mail. In the event of changes to the disadvantage of the user, the user shall have a special right of termination at the time the change takes effect. In the notice of amendment, Telekom shall inform the user both of this special right of termination and of the fact that the amendment shall take effect if the user does not exercise the special right of termination within the period set. Extensions to the functional scope of the GK-Hub marketplace that are exclusively of benefit to the user will be implemented without prior notice.
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Costs
The use of the GK-Hub is free of charge.
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Other conditions
- The place of jurisdiction for all disputes arising from or in connection with this contract is Bonn. Any exclusive place of jurisdiction shall have priority.
- The contractual relationship between the contracting parties shall be governed by German law to the exclusion of the UN Sales Convention.