Terms and Conditions

These terms and conditions apply to all contracts between XETEL and the customer concerning use of the XETEL platform, the supply of telephone numbers, and the provision of telecommunications services.

XETEL's offering is directed exclusively at businesses within the meaning of § 14 BGB and at legal entities and special funds under public law. No contract is formed with consumers within the meaning of § 13 BGB.

The customer's differing, conflicting, or supplementary terms do not form part of the contract unless XETEL expressly agrees to their application in text form.

Unless otherwise agreed in an individual case, the following charges apply:

• Platform licence: €29 per seat per month, subject to a minimum of 10 seats.
• Telephone numbers: €50 one-off activation per number and €50 per number per month.
• Outbound calls: €0.25 per minute without a volume commitment. With a monthly volume commitment, the tiered rates published on the pricing page apply, starting at €0.20 per minute.

All prices are net and exclusive of VAT at the applicable statutory rate.

Invoicing is monthly. Recurring charges are invoiced in advance for the current month; usage-based charges are invoiced in arrears. Usage above the committed volume is charged in accordance with the contractual agreement.

[To be added: payment terms, permitted payment methods, provisions on default, default interest and reminder fees, and on set-off and rights of retention.]

XETEL will notify the customer in text form of price adjustments for future billing periods at least one month before they take effect. In that case the customer may terminate the contract with effect from the date the change takes effect.

The customer is responsible for the lawfulness of the calls made through the platform. In particular, the customer shall ensure that:

• advertising calls are made only with the prior express consent required under § 7 UWG, and that this consent is documented so it can be evidenced and produced on request,
• the calling number presented is not used to mislead as to the identity or the location of the caller, and that the requirements of the Telecommunications Act on number presentation are observed,
• calls are recorded only where all participants have given valid prior consent (§ 201 StGB) and the processing is permissible under data protection law; where employees are involved, the works council's co-determination rights must be observed,
• objections to further contact are acted on without delay and suppression lists are observed,
• credentials, SIP accounts, and API keys are kept confidential, protected against unauthorised use, and blocked without delay if abuse is suspected.

The customer shall indemnify XETEL against third-party claims arising from unlawful use of the services or use in breach of contract for which the customer is responsible, including reasonable costs of legal defence.

XETEL is entitled to suspend individual numbers or accounts temporarily where there are specific indications of unlawful use, where network security is at risk, or where an official order requires it. XETEL will inform the customer without delay and lift the suspension as soon as the reason for it no longer applies.

XETEL is liable without limitation for intent and gross negligence, for injury to life, body, or health, where a guarantee has been given, and under the Product Liability Act.

In cases of ordinary negligence, XETEL is liable only for breach of a material contractual obligation — an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance the customer may regularly rely. In such cases liability is limited to the foreseeable damage typical of this type of contract at the time the contract was concluded.

[To be added: maximum liability amount per event and per contract year, aligned with the insurance cover in place.]

Any further liability, in particular for loss of profit and indirect damage, is excluded to the extent permitted by law. Mandatory liability provisions of the Telecommunications Act remain unaffected.

The customer shall take appropriate precautions of its own for business-critical reachability, in particular alternative means of communication. Emergency calls cannot be made through the platform unless this has been expressly agreed and technically provisioned.

XETEL may amend these terms with effect for the future where this is necessary due to a change in the law, case law of the highest courts, regulatory requirements, or changed technical conditions. Changes will be communicated to the customer in text form at least one month before they take effect.

If the customer does not object before the changes take effect, the changes are deemed accepted; the notification will draw specific attention to this effect. If the customer objects, either party may terminate the contract with effect from the date the change takes effect.