Subject of the General Terms and Conditions
OneSend.de, a service offered by OneSend GmbH, is a telecommunications provider for sending mobile short messages via its own gateway, both nationally and internationally. This includes the sending of SMS, automated telephone calls (voice) and other telecommunications services. The customer intends to use this gateway to send messages for his own use or to make these services available to his customers in his own name and for his own account. OneSend.de is commissioned by the customer to take over the technical operation of the gateway. The services of OneSend.de are intended exclusively for traders. By concluding the contract, the Customer assures that he is a trader and that the short messages are sent as part of his business operations. The use of the services of OneSend.de is subject to the General Terms and Conditions listed here in their respective version as well as the service descriptions and price lists valid at the time of conclusion of the contract or their subsequent amendments, unless the Customer expressly objects to them. Service descriptions and price lists can be viewed on OneSend.de. Deviating terms and conditions of the Customer are not accepted, even if OneSend.de does not expressly object to them. Verbal side agreements require written confirmation by OneSend.de.
§1 Conclusion of contract
The contract for telecommunications services between OneSend.de and the customer is concluded when the customer registers via the website www.OneSend.de, by telephone or by e-mail and subsequently activates the SMS tariffs. The presentation of the service on the website is not a binding offer. Registration by the customer is considered a binding application, which can only be sent after acceptance of these terms and conditions. OneSend.de confirms receipt of the application immediately by e-mail. OneSend.de is legally obliged to keep a customer file. OneSend.de reserves the right to request proof from the Customer that their details are correct. OneSend.de is not obliged to accept every application to conclude a contract.
§2 Scope of services
OneSend.de enables the use of the gateway for sending mobile short messages, depending on the technical and operational possibilities. The customer receives an interface description and the necessary access data. OneSend.de guarantees an availability of its technical infrastructure of 99.9% on an annual average. Exceptions to this are maintenance work and technical faults outside of OneSend.de's area of responsibility. OneSend.de endeavors to eliminate impairments as quickly as possible. The customer is not entitled to a specific type of transfer to the network operators. OneSend.de reserves the right to expand or change services.
§3 Obligations of the customer
The customer is responsible for the operation and marketing of the services that use the OneSend.de gateway. The sending of illegal content via the gateway is prohibited. The Customer must observe all relevant third-party rights and indemnify OneSend.de against third-party claims. The Customer is obliged to keep the access data safe and to inform OneSend.de immediately of any loss or theft.
§4 Prices and terms of payment
A credit account is a prerequisite for sending messages. The costs for the services can be viewed in the customer area on the website. Prices can be changed with 24 hours' notice by e-mail. The customer can top up his account by bank transfer. Special conditions apply to payment on account. OneSend.de is entitled to offset the Customer's claims and liabilities.
§5 Liability
OneSend.de is liable in accordance with the provisions of the Telecommunications Act and only in cases of intent or gross negligence. Liability for damages due to delayed or non-delivery is excluded. Liability for damages to life, body and health is unlimited.
§6 Contract term / termination
There is no minimum term. The customer can terminate the contract at any time. OneSend.de may terminate the contract subject to a notice period of four weeks. In the event of termination, unused credit expires, unless otherwise agreed.
§7 Support / Service
OneSend.de offers support via e-mail and chat on working days. Extended service level agreements are available on request.
§8 Confidentiality / Data protection
Both parties undertake to maintain confidentiality. Personal data will be processed in accordance with the statutory provisions.
§9 Changes to the TOS, service descriptions and prices
The customer shall be notified of changes by e-mail and shall be deemed to have accepted them if no objection is raised within four weeks.
§10 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining terms and conditions.
§11 Place of fulfillment / place of jurisdiction
The place of performance and exclusive place of jurisdiction is Düsseldorf. The law of the Federal Republic of Germany shall apply.
