Terms of Service
Subject to the general terms and conditions
“Lox24” is a service offering of LOX24 GmbH. The following general terms of business (“Terms and Conditions”) in the respective version, as well as in each case by completion of the contract or after effective additional changes, apply to valid achievement descriptions and price-lists for the use of the services of Lox24 by the customer. For more information: www.lox24.eu. Any divergent Terms and Conditions of the users do not apply, even if Lox24 does not expressly contradict these. Verbal additional agreements do not exist.
Lox24 is a telecommunications provider for mobile text messages with its own gateway for domestic and international transmission of mobile text messages, such as SMS. The customer intends to send messages through this gateway for its own use or to provide services for the delivery of mobile text messages to its own customers under its own name and account. Lox24 hereby contracts for the technical operation of the gateway on behalf of the customers. The services offered by Lox24 are designed for business professionals.
§ 1 Conclusion of Contract
1) The Telecommunications Service Agreement between Lox24 and the customer is achieved by the customer’s Internet registration on the website www.lox24.eu through the appropriate sign-in page, by phone, or by e-mail. The presentation of the service on the website does not constitute a binding offer to execute a contract. The registration of the customer represents the customer’s request, which can only be issued and delivered when the customer accepts these terms and conditions by clicking on the button for “accept terms and conditions.” Lox24 will immediately forward confirmation of receipt of this application to the specified e-mail address. Such an email, however, does not constitute acceptance of the customer’s order. Lox24 shall confirm the order by activating the SMS rates (API ID, service ID), thus activating the service contract between the customer and Lox24. The actual service of message dispatch or reception cannot be used by the customer prior to activation.
2) Lox24 is obliged, due to statutory regulations, to maintain a customer registry storing the company name, customer name, address, email, and telephone number, as well as the beginning and end of the contract due to statutory regulations. Lox24 reserves the right at any time to request adequate proof of identity, such as an identity card or a certificate of registration, from the customer to confirm accuracy.
3) Lox24 reserves the right prior to acceptance of the application to refuse if the applicant is in arrears for obligations under existing or former customer relationships with Lox24, for incorrect information, or if reasonable suspicion exists that the customer intends to use the services improperly.
§ 2 Scope of Services
1) Lox24 permits the customer to use the Gateway to send mobile text messages within the scope of the existing technical and operational options.
2) The gateway can be reached over the Internet, particularly via the “HyperText Transfer Protocol” (HTTP). For the connection to the gateway, the customer receives the requisite interface description and the necessary access data from Lox24.
3) Lox24 provides the contracting party with an account with a maximum transmission capacity of 10 SMS per second. Lox24 strives for an immediate dispatch of the mobile messages to be processed, and provides the customer with sufficient bandwidth for this purpose.
4) Lox24 ensures 99.9% availability, 365 days a year and 24 hours a day on an annual average for running its technical infrastructure. This does not include maintenance announced previously by e-mail or technical errors which are not at the discretion of Lox24 and affect the quality of mobile phone services in the reception and transmission of the used mobile network at certain times and in certain places, and also:
a) due to administrative orders or judgments;
b), for technical reasons, in particular radio, atmospheric or geographical circumstances;
c) due to measures taken on behalf of the customer, such as maintenance and repair work;
d) in emergencies and disasters; or
e) in cases of force majeure.
Lox24 will make reasonable efforts to eliminate such adverse effects as quickly as possible.
5) Lox24 will perform maintenance and other technical changes, e.g., to the interface, without prejudice to the customer if possible, but if downtime is inevitable, Lox24 will inform the customer by e-mail as soon as possible.
6) Lox24 shall be available to the customer via e-mail to respond to support requests regarding technical problems of Lox24. However, Lox24 cannot resolve technical problems which cannot be attributed to the Lox24 system, but instead are either the responsibility of the customer or a third party.
7) Free additional services are not subject to the contracted services and can be adjusted by Lox24 at any time. There is no guarantee of availability.
8) Lox24 transfers the delivered mobile messages to the appropriate service provider. Lox24 is free to choose the method of delivery and choice of routes as well as transmission to the network operators or receivers.
9) Lox24 reserves the right to extend services, to modify and make improvements, especially if these lead to technical improvements, appear to be necessary to prevent abuse, or if Lox24 is obliged to do so by law.
§ 3 Duties of the Customer
1) Lox24 provides the customer with only one technical connection for the delivery of mobile messages. The customer is solely responsible for the operation, marketing, and content responsibility of operated services using the Lox24 gateway.
2) The customer affirms that no messages will be forwarded to the gateway or any other application of Lox24, or through the use of the gateway or any other application of Lox24, which violate any laws and/or rights of third parties. Furthermore, the delivery of messages whose content or content referencing such messages is prohibited: criminally relevant data, SMS with illegal, criminal, harassing, defamatory, discriminatory, threatening, vulgar, obscene, stalking (§238 StGB), illegal, or otherwise questionable content. Furthermore, no messages may be sent which could damage the reputation of Lox24.
3) The use of Lox24 for the shipment of prohibited or undesirable messages, e.g., junk mail via SMS (spam) is not permitted; therefore, the customer guarantees to send messages to subscribers who have not agreed to receive such messages. Lox24 reserves the right to file a complaint in the event of infringement. The customer is also prohibited using messages to call premium rate numbers or to use premium rate numbers. The exception is the service “0800”.
4) The customer ensures that national and international copyright and trademarks, patent, make name and trademark rights, and other intellectual property rights and personal rights of third parties will be respected.
5) The customer agrees to indemnify Lox24 against any claims by any third parties in the event of a breach of the above conditions.
6) The customer must retain all submitted login information with the utmost care to prevent any abuse thereof. The customer acknowledges that the use of Lox24 after authentication by his access to misconduct. the customer is liable for all damages in connection with the disclosure of the access. The customer acknowledges that the use of Lox24 after authentication through his access data is attributable to the customer. The customer is liable for all damage caused in connection with the disclosure of the access data. The customer shall report the theft or unauthorized use of the access data to Lox24 immediately.
7) Registration is mandatory for the use of the gateway and any further usage/applications of Lox24. The user is responsible for ensuring the accuracy of his personal data and keeping it current during the entire contract period. Changes to the personal data may be made at any time in the personal account, which is accessible via login to www.lox24.eu. Written consent of Lox24 is required for any change requests by the contracting party.
§ 4 Prices and Payment Terms
1) Lox24 permits user transmission of mobile text messages when the prepaid account contains a positive balance (advance payment obligation). Unless otherwise agreed, chargeable services are only possible until the existing credit is exhausted, and are thereafter cancelled.
2) The cost of services provided by Lox24 can be viewed at any time according to the access data in the customer’s personal account on the Lox24 website. Provision of credits is not binding and does not separately entitle the customer to services in the corresponding amount. The prices stated in the public area of the website by Lox24 correspond to new customer prices and are for information purposes only. For the use of the services, the fees which are valid at the conclusion of the contract are prevailing or for future declared valid fees and fee changes.
3) Unless otherwise agreed, the customer shall receive upon registration the prices/tariffs (new customer rates) stated in the public area of the Lox24website. Unless otherwise agreed, these prices are based on different issued minimum charges at different tariff levels according to price lists, depending on the amount of the last credit charge. Prices are adjusted after successful credit charging and shall also apply to any existing balance from previous credit charges. The customer shall be informed via e-mail about changed prices upon reaching a new tariff level.
4) All prices are excluding the applicable statutory value added tax.
5) All prices are subject to change with notice of 24 hours’ written notice via e-mail to the address provided by the customer. Price adjustments due to the amount of the credit balance according to current, not changed, price lists are valid reasons for sending the e-mail.
6) Upon finalization of the contract, Lox24 shall establish a credit account for the customer, on which all withdrawals (E.g. for sending mobile messages) and all accruals (E.g. account charges) are recorded. The customer can view this account on the Lox24 website at any time by specifying the login information.
7) The customer can reload his Lox24 account via bank transfer at any time to use mobile services. The account is administered net, the sales tax is deducted directly from the account, and the remaining amount is credited to the account. Further options for the account handling (e.g. PayPal) can be deleted at any time by Lox24, or be denied to the customer, or fees shall be assigned according to the current price list.
8) An invoice for charging the Lox24 credit account via bank transfer, direct debit, Paypal or credit card shall be created, stating the customer number, the charge date, and the respective charge amount, and provided to the customer in his personal account. The customer has the option to receive a paper invoice for the fee according to the price list.
9) If the customer chooses the variant SEPA direct debit for the charge, the customer shall provide Lox24 a debit authorization for the specified bank account and instruct his bank to redeem the applicable recurring direct debits. The customer may object to such debit for up to eight weeks after the debit date. The debit amount and date will be communicated to the customer with a lead time of at least two working days before payment by e-mail. Should the customer and account holder not be the same, the customer is obliged to forward this information to the account holder. In the event of an unsubstantiated objection:
a) The user undertakes to carry the processing cost of the chargeback, as well as the damages (collection costs, interest on arrears) of 15,- EUR plus VAT lump sum in addition to the invoice amount.
b) The user irrevocably authorizes the account-holding credit institution to provide the full name and address of the account holder to Lox24 in order assert the claim.
c) The user agrees that his account data will be entered into a locked database, and the lock shall be transmitted to the databases for any further connected to the databases of affiliated companies. The entry is deleted immediately after resolution of the claim.
d) The customer shall immediately offset any negative balance created by individual charge backs or rescinded debit charges requested by the customer.
10) Lox24 shall be entitled to offset claims by the customer against any liabilities of the customer; this applies in particular to charge backs.
11) Lox24 hereby clarifies that the customer may use credits granted without consideration by Lox24 (particularly initial credits) only for the use of the gateway. Such credits cannot be not be withdrawn.
12) Withdrawal of funds during the term of the contract is excluded without prejudice to any claims by the customer according to § 6 paragraph 6.
13) Within the contract period, the customer can use the gateway for sending mobile text messages. Should the customer not use the gateway for a consecutive 12-month period, Lox24 may deduct a monthly inactivity fee of 10% of the final cash funding from the remaining credit balance, so that continued availability of the gateway and the provision of technical capacity for sending messages can be ensured for the customer. An active customer use exists if at least one mobile message was sent or a charge was made on the account. Once the gateway is actively used, no further inactivity fees will apply for at least 12 months. The account may not become negative as the result of calculating an inactivity fee; in such case, however, Lox24 may pursue its right of termination according to section 6, paragraph 4.
§ 5 Liability
1) Lox24 shall be liable for financial losses caused by Lox24 due to a negligent breach of its obligation as a provider of telecommunications services to the public, according to the regulations of § 44a of the Telecommunications Act (TKG).
2) In addition, Lox24 shall be liable for intent or gross negligence. For damages based on simple negligence of Lox24 or any of its agents, Lox24 shall only be liable if an essential contractual obligation for fulfillment makes the proper execution of the overall contract has been breached, which violation endangers the purpose of the contract or the compliance upon which the customer routinely relies. In the latter case, Lox24 shall not liable for unforeseeable, atypical contract damages.
3) In the case of damage to life, limb and health, Lox24 accepts unlimited liability to the customer.
4) The liability of the provider under the Product Liability Act shall remain unaffected.
5) Lox24 shall not be liable for damages resulting from claims by third parties, lost profits, exhausted savings, and all direct and indirect consequential damages. Lox24 also shall not be liable for insignificant breaches of duty, nor for the loss of data on the part of the mobile service provider.
6) If the customer violates the obligations set forth in § 3, paragraphs 2-4, Lox24 is entitled to lump-sum compensation for damages in the amount of EUR 1,250.00. The customer can counter such compensation by proving that the damage is either non-existent or is substantially less than the lump sum amount. Lox24 reserves the right, in addition to penalties against customers violating § 3, paragraphs 2-4, to assert further claims for damages. Paid contractual penalties shall be offset against the claims for damages by Lox24.
§ 6 Contract Duration / Termination
1) The service contract has no minimum term and shall run indefinitely.
2) The customer may terminate his membership at Lox24 or his personal account without any prior notice period. The notice must be in writing (e.g., by e-mail).
3) In the event of termination, the user may be excluded from renewing membership for a particular period of time determined by Lox24.
4) Lox24 may terminate the user’s membership or personal account upon four weeks’ notice. In particular, Lox24 reserves the right to do so if the customer is completely inactive for a period of at least twelve consecutive months or has no credits. Complete inactivity occurs when the customer fails to send or receive a message at least once during that time.
5) The parties’ right to terminate for cause (e.g., failure to comply with these Terms and Conditions) shall remain unaffected. Lox24 may terminate for cause at any time, without notice, stating the solid grounds for termination. For Lox24, solid grounds exist in particular if the customer:
a) makes fraudulent use of the services;
b) deliberately and definitively conducts his performance of the contract, particularly his payments, in an unauthorized manner;
c) violates § 3, paragraphs 2-4;
d) knowingly misrepresents his information during registration or later modification thereof.
6) Unused credit without substitution shall expire in the event of termination. Withdrawal of the remaining balance shall be carried out in the event of termination by Lox24 according to § 6, paragraph 4, termination for cause pursuant to § 6, paragraph 5, or a statutory right of withdrawal.
7) Basic fees already paid for a longer time (for example, a basic annual fee) cannot be refunded, not even pro rata. The same applies to payment fees.
§ 7 Confidentiality / Data Protection
1) Lox24 and the customer undertake to treat as confidential all information and data that is not generally accessible by the contractor in connection with the implementation of this contract and to make it inaccessible to third parties as far as and as long as this information is not or does not become generally accessible, or not been communicated to the recipient through a previously permitted third party without any obligation of confidentiality, or the contractor has not already been informed thereof prior to receipt of the information.
2) The obligation extends beyond the termination of the contract.
3) If a contract partner becomes aware that proprietary information has been obtained by a third party or a confidential document has been lost, he will inform the other party immediately.
4) Personal data needed to establish a contractual relationship with the customer, including its content design or change (inventory data), as well as personal data for the provision and delivery of telecommunications and telemedia services (traffic or usage data) is collected, processed or used by Lox24 only if and when the customer has consented or if permitted by law (§ 96, paragraph 1, Telecommunications Act, and § 15, German Teleservices Act).
5) If traffic data is to be stored, it shall be stored for up to 60 days after billing, unless objections are raised against such billing, in which case the data may be stored until the objections are conclusively established. If no traffic data has been stored due to technical reasons, no objections were raised, or the stored data has been deleted for legal grounds, Lox24 is not obligated to provide proof for the connection services provided nor to supply information pursuant to § 45i, paragraph 1 TKG.
6) When placing a single connection verification, the customer shall inform all current and future users of the mobile phone connection that the connection information is being provided with his knowledge. Lox24 stores the complete traffic data required to provide proof of charges to the customers, in log files (sender, recipient as applicable, time) and holds it available for the customer for a period of 60 days, after which Lox24 may delete the files. Objections or requests concerning the billing or computation of messages must therefore be made within 60 days after dispatch. After expiration of the 60-day period, the billing or determination of the log files shall be deemed accepted by the customer and the accuracy of the billing and computation may no longer be challenged.
7) Lox24 will delete the inventory data no later than the expiration of the year following the termination of the customer relationship calendar year, in the absence of any legal provisions or claims for longer storage.
8) Lox24 is authorized to furnish the customer with messages concerning the contractual relationship to the customer’s designated postal address, the customer’s designated e-mail address, or by telephone call.
9) The customer may revoke consent to the use of data under this section at any time.
§ 8 Amendments to Terms and Conditions, Service Descriptions and Prices
1) Amendments to these terms and conditions or the service descriptions may be agreed upon through offer by Lox24 and acceptance by the customer. The offer by Lox24 shall be made through communication of content changes via email to the email address designated by the customer. Failure of the customer to respond or object to the offer within 6 weeks of receipt of notification of the change notice shall represent acceptance of the offer, and the changes will take effect provided Lox24 has expressly advised the customer of these consequences in the change notice. If the customer objects to the offer in a timely fashion, the contract shall continue pursuant to its existing provisions.
2) The performance specifications are subject to change if necessary for good reason and the customer’s position is not worsened objectively compared to the contract specifications (e.g., maintenance or improvement of functionality) and will not deviate significantly from this. A valid reason exists if there are technical innovations available regarding the owed services or if third parties, for which, in order to provide the agreed services related necessary inputs, Lox24 must change its range of services.
3) Proposed changes to the service descriptions not required by law or official orders shall be communicated to the customer in writing via e-mail at least six weeks prior to going into effect. The customer has the special right of cancellation to the effective date of the changes. If the customer fails to provide notification thereof in writing within six weeks after notification of the changes, the changes shall be deemed part of the contract as of the effective date. The customer will be specifically notified of the consequences of the change notice.
§ 9 Severability
1) If any provision of this Agreement, the terms and conditions or any future newly recorded provision be wholly or partially invalid, the remaining provisions shall remain unaffected. The parties agree to replace the invalid provision by a valid provision which best suits the economic aims of the parties. The same applies in case of a breach of contract.
§ 10 Place of Performance / Jurisdiction
2) Place of performance for all services in connection with the business relationship is the seat of Lox24 in Berlin.
3) If the user is a merchant, a public law special fund, a legal entity or to someone with no place of business in Germany, the parties agree that sole jurisdiction shall lie in Berlin.
4) All transactions closed by Lox24 are subject to the laws of the Federal Republic of Germany, with the exception of the UN Convention on the purchase of tangible assets.
5) If the customer wishes to initiate non-judicial dispute resolution proceedings pursuant to § 47a TKG, he shall make application to the Federal Network Agency (www.bundesnetzagentur.de) for this purpose.
6) The currently valid price list is available online at www.lox24.eu.
Berlin, 16 June 2015 Lox24.eu