General Terms & Conditions TalkEasy / EasyMobileI. General provisions
1. The following General Terms and Conditions (GTC) shall apply to contractual relationships between the contracting party (hereinafter “customer”) and TalkEasy GmbH (hereinafter “TE”) within the scope of the “EasyMobile” prepaid mobile offer of TalkEasy GmbH. Apart from that the General Terms and Conditions of TalkEasy GmbH shall apply.
2. Any differing GTC of the customer shall only apply if TE explicitly recognizes their applicability. TE employees who do not dispose of any legal authority to represent and/or sign for TE shall not be authorized to determine any provisions deviating from the GTC without any special authority.
3. Any deviating GTC agreements with entrepreneurs shall only apply if they were made in writing.
The services offered within the contractual relationship or agreed rate are shown on the Internet (TalkEasy.CH and EasyMobile.CH) as well as in the fee information sheets available from the branch offices and outlets. The prices of the individual services are based on the respectively valid price lists delivered upon registration or available on the Internet, at the branch offices and outlets. TE reserves the right to modify prices according to actual cost increases that have demonstrably occurred.
III. SIM card and account balance
Upon conclusion of the contract, the customer will receive a TalkEasy Prepaid SIM card with an initial credit balance credited to the customer account and/or the respective telephone number. The account balance may be increased at any time by purchasing further prepaid credits. Any negative balance arising will be offset with the following increase of the account balance. The activation of the prepaid SIM card can take up to 24 hours (after TalkEasy receiving the application request). Porting can - depending on the current provider - take up to 7 days.
IV. Calling Line Identity Restriction (CLIR)
It is basically possible to suppress the display of the telephone numbers of incoming calls and/or one’s own telephone number during outgoing calls. Sometimes, however, such CLIR may be impossible if the call is forwarded to the network of a third-party provider.
V. Changeover to another provider
A changeover to another Swiss provider while keeping one’s telephone number will be possible after expiry of any minimum term for prepaid contracts; any credit balance on the TalkEasy Prepaid SIM card will be reimbursed to the customer upon request.
VI. Deactivation after inactivity
In accordance with BAKOM rules, which provide for telephone numbers within the scope of prepaid offers to be deactivated after a period of inactivity of two years (no outgoing or incoming calls), TE will deactivate such telephone numbers without any further notice to the customer after 24 months. If no notification by the customer is received by TE within a further period of six months, the telephone number will be cancelled and cannot be re-activated. In this case, the contract shall be considered cancelled. Any credit balance on the TalkEasy Prepaid SIM card will be reimbursed to the customer upon request.
VII. Mandatory registration
In accordance with relevant legal provisions customers shall be obliged to have themselves identified by means of a valid official ID document when buying a TalkEasy Prepaid SIM card. Without any such identification, the sale of a TalkEasy Prepaid SIM card shall not be permissible (Art. 15 (5) of the federal act concerning supervision of postal and telecommunications traffic (BÜPF)). In case of insufficient registration (no or insufficient verification of identity, invalid or poorly legible ID document), TE reserves the right to ask their customers to subsequently register themselves. If a customer does not observe said request within the period granted by TE, TE shall be entitled to deactivate the Prepaid SIM card. If, within 18 months after deactivation, no subsequent registration is effected by the customer, the telephone number will be cancelled. Any credit balance on the TalkEasy Prepaid SIM card will be reimbursed to the customer upon request.
VIII. Passing on the Prepaid SIM card
TE recommends that customers should not pass on their TalkEasy Prepaid SIM card to any unknown third parties. If any criminal offences were committed using the TalkEasy Prepaid SIM card, TE would be obliged to pass on the personal data of the initial purchaser within the scope of police or judicial investigations.
IX. Information and/or notification by TE to the customer
All information and/or notices by TE to the customer shall be in writing by SMS to the telephone number of the customer. The notice shall be deemed to have been received as soon as it is opened, regardless of whether the recipient is the customer or not. Only if the customer has previously reported the loss or theft of the mobile phone to TE in writing, shall this provision not apply.
X. General provisions for the use of prepaid SIM card
1. The customer may only use the SIM card in an appropriate manner and in accordance with applicable statutory provisions. In particular, the SIM card may only be used for personal use as a consumer - any commercial use or distribution is strictly prohibited. Likewise, the customer may not send text messages to third parties that contain unsolicited commercial messages. The customer may not copy the SIM card.
2. The Customer may not use the SIM card in any way that could cause interference or interfere with the normal and reliable operation of the relevant mobile network either directly or indirectly, such as the transmission of the identity number of a caller (unless otherwise stated), the transmission of the IMEI number of mobile phones that come from those calls, the interception and recording of conversations that take place on the orders of a court or administrative authority, the receiving and storing a call and the corresponding identity data or identity or location of the caller, e.g. in an emergency.
3. The SIM card may not be used in devices or equipment and / or any device or equipment connected to the mobile device, which may cause interfere in any way relevant to the mobile network and / or services of TE. The SIM card may only be used in mobile phones which are in good operating condition and comply with applicable legal requirements. The SIM card may not be used in devices such as GSM gateways and SIM boxes.
4. TE is entitled to block the SIM card if usage differs significantly from the average user that is specified by the relevant mobile network for their own customers in terms of usage frequency occurrence and/or the distribution of the various communication methods or connection times.
XI. Other provisions
1. TE shall explicitly reserve the right to modify the GTC and the other contractual provisions at any time. Any amendments to the GTC will be notified to the subscriber by adequate means. If the subscriber continues to use the service after entry into force of the new GTC, the new GTC shall be deemed to have been accepted.
2. If any provision of these GTC is invalid, the validity of the remaining provisions shall not be affected thereby.
XII. Applicable law and place of jurisdiction
The contractual relationship between the subscriber and TE shall be governed by Swiss law, excluding the Convention on the International Sale of Goods (CISG). The place of jurisdiction shall be Zurich.
Version: June 2012