§ 1 Provider and scope
These general terms and conditions (terms) apply to all contracts for the use of Phonestar Connect between
Phonestar LLC
30 N Gould St Ste N
Sheridan, WY 82801
United States of America
Email: [email protected]
(hereinafter “Phonestar”) and its customers. Phonestar Connect is aimed at business customers (entrepreneurs within the meaning of Section 14 BGB, German Civil Code) and private customers (consumers within the meaning of Section 13 BGB). Where a provision applies only to consumers or only to entrepreneurs, this is stated.
Phonestar provides publicly available telecommunications services within the meaning of the German Telecommunications Act (TKG). The provisions of the TKG for the protection of end users apply in addition to these terms; insofar as these terms deviate from them, the statutory provisions take precedence.
Deviating terms of the customer only apply if Phonestar expressly agrees to them in text form.
§ 2 Subject matter and scope of services
Phonestar Connect is a cloud-based phone system. Which services your contract includes follows from your order: from the chosen plan and the add-ons booked. The plans, add-ons and prices are described in the price table in the version valid at the time of your order; it forms part of the contract. The services of Phonestar Connect include:
- a phone system with users, extensions, call destinations, office hours and announcements,
- phone numbers and the switching of calls into the public telephone network,
- making calls on your mobile phone via the app “Phonestar Connect”,
- the Phonestar portal (customer portal) for administration, ordering and billing,
- AI voice assistants (voice agents), where included in the plan or booked,
- further add-ons from the price table, such as additional users, further phone numbers or the fax inbox, where booked.
For services you book later in the customer portal, the prices shown to you there at the time of booking apply.
Phonestar does not offer plain telephone lines for third-party phone systems (SIP trunks).
Landline and mobile flat rate DE: The flat rate included in the plans covers outgoing calls to German landline numbers (area codes 02 to 09) and to German mobile numbers (015, 016, 017). Not included are calls abroad, to special numbers and premium-rate services (in particular 0137, 0180, 0900, 118xx), to satellite and other special destinations, and calls that are not switched under § 7. The flat rate is intended for normal use by you and your users. Use not as intended includes in particular use for mass or automated calls (such as call centre, dialler or callback services), for permanent connections or as a substitute for leased lines, for onward switching to third parties or for resale. In the case of such use, Phonestar may, after prior notice, limit the flat rate to reasonable usage or charge connections according to a price list that Phonestar communicates to you beforehand (§ 4).
Availability, maintenance and faults: Phonestar provides the service with the care of a diligent provider and aims for high availability of the phone system. Phonestar may briefly restrict the service for maintenance; Phonestar schedules planned maintenance in low-traffic periods where possible and announces it in the customer portal or by email. Please report faults by email to [email protected]; Phonestar starts fault clearance without delay on working days. For consumers, the statutory rights in the event of service disruptions under Section 58 TKG apply. Phonestar is not responsible for faults caused by your internet access, your devices, your network or by faults in third-party telecommunications networks.
Technical requirements: To use the service you need internet access with sufficient bandwidth and quality and a suitable device (current browser or smartphone with iOS or Android). You provide these requirements at your own expense.
§ 3 Ordering and conclusion of contract
The presentation of services and prices on the website is not a binding offer by Phonestar.
Your order: You order via the order page of the website (cart and checkout), via the customer portal or in text form, for example by email. In doing so you state the desired services (such as plan, number of users, eSIM data packages, phone numbers or the porting of existing numbers) and your contact and subscriber data (§ 5). With your order you make a binding offer to conclude the contract. You are bound by this offer for two weeks; if Phonestar does not accept it within this time, you are no longer bound.
Ordering via the website: You put plan, number of users and eSIM data packages in the cart, state at checkout whether you order as a private individual or as a company, enter your contact and subscriber data and confirm your email address with a code that Phonestar sends you by email. Before submitting, you see an overview of all items with prices; until then you can correct input errors at any time at checkout and in the cart. By clicking “Order with obligation to pay” you submit your offer. Phonestar confirms receipt of your order to you by email without delay. You book further phone numbers, the porting of existing numbers, fax and voice agents after ordering in the customer portal.
Acceptance by Phonestar: Phonestar accepts your offer by sending you the welcome email with your access details (access to the customer portal and QR code for the app), at the latest upon activation of the services; for eSIM data packages without a plan, with the email that delivers the activation code. The contract is concluded upon receipt of this email, at the latest upon activation. A confirmation of receipt of your order, payment at checkout (§ 4) and queries from Phonestar about your order do not yet constitute acceptance.
Rejection: Phonestar is not obliged to accept and may reject an order without giving reasons, for example if the check of subscriber data under § 5 fails. Phonestar notifies you in this case and refunds any amount paid at checkout (§ 4).
Incorrect information: If you give incorrect information about your person, your company or your address when ordering or during a check under § 5, Phonestar may block the connection (§ 10) and terminate the contract without notice for good cause (§ 11).
Contract text and contract language: Phonestar stores the contract text (your order, the agreed services and the terms valid at the conclusion of the contract). The welcome email confirms the conclusion of the contract; you can see your contract data in the customer portal, and on request Phonestar sends you the stored contract text. You can access, save and print the current terms at any time at phonestar.io/terms. The contract language is German.
Information before conclusion of contract: The essential characteristics of the service, the prices, the term and the termination conditions can be found in the price table and in these terms. Consumers also receive the information on the right of withdrawal.
§ 4 Prices, billing and payment
The prices in the price table at the time of your order and the prices shown to you when booking in the customer portal apply. For consumers, prices are total prices including statutory VAT; for entrepreneurs, prices are plus VAT where applicable.
Payment at the website checkout: If checkout offers a payment, you pay one-off purchases such as eSIM data packages in full and the monthly base fees of your plan and your users for the first month directly after submitting the order. For this, checkout redirects you to the secure payment page of a commissioned, licensed payment service provider; you also receive the payment link by email. The amount is an advance payment: Phonestar invoices the fees paid and offsets the payment against them. If you do not pay within 14 days of the order, the payment link expires and Phonestar does not accept the order. If Phonestar rejects a paid order (§ 3), Phonestar refunds the amount paid within 14 days of the rejection to the means of payment you used. Your right of withdrawal as a consumer remains unaffected (right of withdrawal).
Ordering without payment at checkout: If checkout does not offer a payment, you pay nothing at checkout. After accepting your order, Phonestar invoices the fees, including for one-off purchases such as eSIM data packages. The following paragraphs apply to these invoices and to all fees from the second month.
Billing: The billing date is the 1st of a month. Monthly base fees are charged in advance, usage-based fees monthly in arrears, one-off fees with the first invoice. Phonestar does not charge a setup fee.
Invoices: Phonestar provides invoices exclusively electronically, in the customer portal and by email as a PDF; you agree to electronic invoicing. Keep your billing details in the customer portal up to date.
Payment and due date: Invoices are due upon receipt and are to be paid within 14 days of the invoice date. You pay via the payment methods offered in the customer portal. Payment is processed via the secure payment page of a commissioned, licensed payment service provider; Phonestar does not store full card details. If you have stored a payment method there for future invoices, the invoice amount is collected on the invoice date; any credit on your customer account is offset first. If you pay by SEPA direct debit, Phonestar announces the collection at least one day in advance. If a collection fails, Phonestar informs you by email and you can settle the invoice via the payment page in the customer portal. You bear the costs of a returned direct debit for which you are responsible.
Invoicing and payment collection by service providers: Phonestar may have invoicing and payment collection carried out by commissioned service providers. Your contractual partner remains Phonestar.
Default: If you do not pay within the payment period, you are in default upon receipt of a reminder, but at the latest 30 days after the due date and receipt of the invoice; consumers only if they were informed of this consequence in the invoice. In default you owe the statutory default interest (Section 288 BGB: for consumers five percentage points, for entrepreneurs nine percentage points above the base rate). Phonestar does not charge flat reminder fees; the right to claim further proven damage caused by default and the statutory lump sum under Section 288 (5) BGB from entrepreneurs is reserved. For blocking in the event of payment default, see § 10.
Objections to invoices: Please send objections to the amount of the connection charges invoiced to Phonestar in text form within eight weeks of receipt of the invoice. The statutory rights, in particular under Section 67 TKG, remain unaffected.
Changes during the month: If you book users, phone numbers or add-ons in the customer portal, they are available immediately; the fee for the rest of the current month is charged pro rata. If you reduce the number of users or add-ons, this takes effect at the end of the current month; there is no pro-rata refund for the current month.
Change of plan: You can switch to a higher plan at any time; the additional amount for the rest of the current month is charged pro rata. A switch to a lower plan is possible at the end of a calendar month if your number of users and add-ons fits the lower plan; let us know of the switch by email by the last day of the month.
Connections outside the flat rate: Calls abroad are blocked at the start. In the customer portal under “Call destinations” you can set yourself to which countries outgoing calls are possible. Special numbers and premium-rate services remain blocked (§ 7). The charges for calls to destinations not included in the flat rate (§ 2) follow from the current price list, which is shown to you in the customer portal or which Phonestar communicates to you before these destinations are unblocked. As long as Phonestar has not communicated a price list to you, calls to these destinations are not charged separately. Phonestar reserves the right to introduce a price list and will announce it to you in text form at least one month before it takes effect; the paragraph “Price changes” applies accordingly.
Taxes: VAT depends on your country and your customer type and is shown on the invoice. Business customers in the EU and the United Kingdom whose VAT identification number has been verified receive an invoice without VAT (reverse charge). You are obliged to notify any change in your tax situation without delay.
Price changes: Phonestar may change prices to pass on changes in costs (such as for network operators, phone numbers, licences or infrastructure) or to adjust services. Phonestar announces price changes to you in text form (by email) at least one month and at most two months before they take effect. In this case you can terminate the contract without notice and free of charge until the change takes effect, but at the latest within three months of receipt of the announcement (Section 57 TKG); Phonestar points this out in the announcement. The special right of termination does not exist if the change is exclusively to your benefit, is purely administrative and has no negative effects on you, or is directly required by law or official order.
§ 5 Subscriber data, verification and local area connection
Subscriber data: Before activation, Phonestar collects the subscriber data under Section 172 (1) TKG: name and address of the line holder, for natural persons the date of birth, for landline connections the address of the connection as well as the phone numbers assigned and the date of their assignment.
Collection and plausibility check: Phonestar collects this subscriber data when you order (name, address, for natural persons the date of birth under Section 172 (1) TKG) and checks it for plausibility before activation, in particular whether the address given exists. When you enter the address at checkout, the website suggests matching addresses. Phonestar does not require an ID document when you order.
Identity verification only in individual cases: If there are indications that information is incorrect or that phone numbers are to be misused, or if proof is required for other reasons (such as for companies or for local landline numbers), Phonestar may require further proof in individual cases, such as a valid official photo ID of you or your authorised representative or an extract from a register. Phonestar will then tell you which proof is needed and how the check works. If an online procedure with a selfie match is used for this, Phonestar obtains your explicit consent beforehand. Details can be found in the privacy policy.
Local area connection: Phonestar only assigns local landline numbers if you have a residence, registered office or location in the respective local area. Phonestar may require proof of this, such as a business registration, an extract from a register or a rental agreement (§ 6).
Activation only after the check: Phonestar does not activate any phone numbers until the check is completed. If the check fails or you do not provide required proof within a reasonable period, Phonestar may reject your order (§ 3), refuse to assign a phone number or withdraw a phone number; after conclusion of the contract, Phonestar may terminate the contract extraordinarily (§ 11).
Changes: If your name, company, address or connection location changes, notify Phonestar without delay (§ 9); Phonestar then corrects the stored subscriber data.
§ 6 Phone numbers, number porting and caller ID
With your contract you receive a German mobile number from Phonestar's stock; this first number is free of charge. You receive further mobile numbers via support. Phonestar orders local landline numbers and international numbers for you from the network operator; the order reaches support as a request. Local landline numbers require the local area connection under § 5 and a verified proof of location.
Phone numbers are provided to you for use; they remain part of the numbering space of the Federal Network Agency and cannot be transferred to your ownership. Phonestar may change a phone number if this is necessary due to legal requirements, official order or for compelling technical reasons; Phonestar announces this as early as possible.
Proof of location for local landline numbers: You prove the local area connection (§ 5) per location with a proof of address as a PDF file in the customer portal; Phonestar checks it. If the location ceases to exist, notify us without delay; the local landline number may then no longer be used.
Porting numbers to Phonestar: You can bring existing phone numbers to Phonestar. Ported numbers are free of charge. Porting landline numbers requires a lead time of at least 20 working days. You ensure that you are entitled to port and make the necessary declarations to your previous provider.
Porting numbers to another provider: You can take your phone numbers to another provider when the contract ends (Section 59 TKG). You can also request porting up to one month after the end of the contract. Phonestar does not charge you for porting to another provider. The contract with Phonestar ends at the expiry of the notice period regardless of porting; Phonestar continues to provide the service for a number to be ported until the actual transfer, and until then you pay only the pro-rata fee for this number if the transfer takes place after the end of the contract at the request of your new provider. Numbers that are not ported revert to Phonestar or the network operator at the end of the contract.
Caller ID (Section 120 TKG): For outgoing calls, one of your phone numbers is transmitted. You can have the display of your number suppressed per call or permanently free of charge; where the setting is not available in the app, Phonestar sets it up on your notification by email. As sender number you may only use numbers assigned to you by Phonestar or ported to Phonestar, or whose use you are demonstrably entitled to. Setting third-party or invented numbers is prohibited and entitles Phonestar to block immediately. For calls to emergency, directory and comparable services, suppression may be legally ineffective.
Subscriber directories: Your phone numbers are not entered in public subscriber directories or directory enquiry services. If you want an entry, contact Phonestar; you then decide which details are entered.
§ 7 Emergency calls and unreachable numbers
Emergency calls cannot be made via Phonestar Connect and your Phonestar numbers. Calls to the emergency numbers 110 and 112 as well as to 115 and 116 117 are not switched via Phonestar's network; the caller hears an announcement. Make emergency calls via the mobile network of your mobile phone: dial 110 or 112 with your device's phone app via your SIM card; your mobile provider transmits your location to the emergency call centre. If you use Phonestar Connect in a place without mobile reception, keep a landline available there for emergency calls. Inform everyone who uses Phonestar Connect about this restriction.
This notice is part of the product information on Phonestar Connect. By accepting these terms when ordering, you confirm that you have taken note of the notice. The exclusion of emergency calls is based on the fact that Phonestar Connect is used independently of location via the internet: when the app is used, Phonestar cannot determine where you are and therefore cannot transmit the location to the emergency call centre, as Section 164 TKG requires for emergency connections. Emergency calls via Phonestar's network are therefore not possible; the mobile network provides this.
Calls to special numbers of the ranges 0900, 0180 and 0137 and to directory enquiry services (118xx) are also not switched. Toll-free numbers (0800) can be reached.
§ 8 Voice agents and generated announcements
Voice agents are AI voice assistants that answer calls automatically. You set up your voice agent yourself in the customer portal and activate it yourself. You are responsible for the greeting, instructions and behaviour of the voice agent towards your callers; Phonestar provides the technology and does not control the content.
AI notice: Callers must be able to recognise that they are speaking with an AI system (Art. 50 of Regulation (EU) 2024/1689, AI Act). Make sure that your voice agent's greeting contains a corresponding notice, for example “AI assistant” or “digital assistant”. The customer portal alerts you if the notice is missing. You may not set up a voice agent in such a way that it pretends to be a human, deceives or pressures callers, or makes unlawful statements.
AI output: The voice agent's answers are generated automatically and may be incorrect or incomplete. Do not use voice agents for matters where an error can lead to considerable damage (such as medical emergencies or binding legal transactions), and check the call reports.
Call reports: For every call of a voice agent a call report with transcript, summary and phone numbers is created. Call reports are kept for 90 days and then deleted. Towards your callers you are responsible for this data processing; Phonestar processes the data on your behalf (§ 14). Details can be found in the privacy policy.
Booking and billing: Each voice agent occupies a paid slot. If you create a further voice agent, the slot required is booked upon creation and billed under § 4. The price per voice agent, the included monthly quota of call minutes and the price per additional call minute follow from the prices shown to you in the customer portal when booking. Call minutes are rounded up to full minutes per call; unused quota expires at the end of the month.
Generating announcements: In the customer portal you can generate announcements from text. Each announcement may have at most 1,000 characters. The monthly character quota depends on your plan and is shown in the customer portal; previewing a new announcement already uses quota, saving does not. Unused quota expires at the end of the month. You may only use texts for which you hold the necessary rights.
Voice agents do not send texts.
§ 9 Customer obligations and rules of use
- You give complete and correct information when ordering, during checks under § 5 and when ordering numbers, and notify changes — in particular of address, company, authorised representatives, email address and payment method — without delay in the customer portal or by email.
- You use local landline numbers only as long as the proven location in the respective local area exists.
- You keep access details to the customer portal and the app secret, pass them on only to the users you have created and inform Phonestar without delay if you suspect misuse. You are liable for charges arising from the use of your connection insofar as you are responsible for the use.
- You ensure the AI notice of your voice agents under § 8 and the necessary privacy notices towards your callers.
- You ensure that your users know and comply with these rules of use.
Prohibited in particular:
- use for unsolicited advertising calls, spam, automated mass calls or mass messages, fraudulent or harassing calls (“ping calls”, threatening calls) and any use that violates laws — in particular the Act against Unfair Competition, the Criminal Code and data protection law,
- transmitting third-party or invented numbers as sender (§ 6),
- resale or paid provision of the service to third parties and operating onward switching, callback or termination services without an agreement with Phonestar,
- interfering with Phonestar's systems, circumventing blocks or quotas and using the service to disrupt third-party networks or services.
Legal consequences: In the event of a violation, Phonestar asks you to stop it without delay. In the case of serious or repeated violations, a danger to Phonestar's systems, to third parties or to network security, or if Phonestar is requested to do so by authorities, Phonestar may block the service concerned even without prior request (§ 10) and terminate the contract extraordinarily (§ 11). You indemnify Phonestar against third-party claims based on unlawful use for which you are responsible, including reasonable costs of legal defence.
§ 10 Blocking
Phonestar does not block connections automatically. In the event of payment default or conspicuous costs, Phonestar reviews the case and decides on further action according to the following rules.
Blocking due to payment default (consumers, Section 61 TKG): Phonestar may only block a consumer's connection due to payment default if the consumer, after deduction of any advance payments, is in default with payment obligations of at least 100 euros and Phonestar has threatened the block in writing (by letter, not only by email) at least two weeks beforehand, pointing out the possibility of seeking legal protection before the courts. When calculating the amount, non-titled claims that the consumer has disputed in due form and time and with conclusive reasons, as well as non-titled disputed claims of third parties, are disregarded.
Blocking due to payment default (entrepreneurs): Towards entrepreneurs, Phonestar may block the connection if the entrepreneur is in default with an amount of at least one monthly fee and Phonestar has threatened the block in text form at least two weeks beforehand.
Scope and procedure of blocking: The block is limited to the services affected by the payment default or the violation, insofar as technically possible. Initially only outgoing connections are blocked; a full block also covering incoming connections takes place one week later at the earliest. Phonestar lifts the block without delay as soon as the reason no longer applies, in particular as soon as the outstanding amount has been paid. For the duration of a justified block you remain obliged to pay the fixed monthly fees.
Blocking to protect against costs: If your connection volume increases exceptionally compared with the previous billing periods and facts justify the assumption that you will dispute the resulting charge or that your connection is being misused, Phonestar may block outgoing connections to the destinations concerned and informs you without delay.
Blocking for other reasons: For blocking due to incorrect information, see § 3; for violations of the rules of use, § 9. A block due to false information, misuse of numbers or a danger to network security may take place without prior warning.
§ 11 Term, termination and end of contract
Term: The contract begins with the conclusion of the contract under § 3 and runs for an indefinite period. There is no minimum term.
Ordinary termination: You can terminate the contract at any time to the end of the current calendar month. If your termination is only received after the last day of a month, it takes effect at the end of the following month. Phonestar can terminate the contract with one month's notice to the end of a calendar month. You can cancel individual add-ons, users and phone numbers under § 4 at the end of the month without terminating the contract as a whole.
Form: Termination requires text form. You can terminate by email to [email protected] from the email address registered with us or — where offered — use the termination function in the customer portal. Phonestar confirms receipt of the termination and the end date to you by email without delay.
Extraordinary termination: The right of both parties to terminate for good cause remains unaffected. Good cause for Phonestar exists in particular if you are in default with an amount of two monthly fees and a reminder with a threat of termination has been unsuccessful, if you seriously violate § 9 despite a request, if you gave incorrect information when ordering or during a check under § 5 (§ 3), or if a check under § 5 or the proof of local area connection fails. The special rights of termination in the event of price and contract changes (§§ 4, 15) and service disruptions (Section 58 TKG) remain unaffected.
Settlement at the end of the contract:
- Until the end of the contract you can use your phone system and the customer portal in full; number porting is governed by § 6.
- Phonestar issues a final invoice. Phonestar refunds unused credit on your customer account promptly after the final invoice to the means of payment last used, provided there are no outstanding claims.
- Before the end of the contract, back up the data you want to keep (such as call lists, call reports and announcements). After the end of the contract, Phonestar deactivates the phone system and deletes the phone system, users, announcements, call lists, voice agents and call reports as soon as no statutory retention periods or telecommunications law information obligations stand in the way of deletion; restoration is not possible afterwards.
- Phonestar retains contract and billing data as long as statutory retention obligations or telecommunications law information obligations require (see privacy policy).
§ 12 Right of withdrawal for consumers
Consumers have a statutory right of withdrawal. The details can be found in the information on the right of withdrawal. Entrepreneurs have no right of withdrawal.
§ 13 Liability
Unlimited liability: Phonestar is liable without limitation for damage resulting from injury to life, body or health, for damage based on intent or gross negligence of Phonestar, its legal representatives or vicarious agents, for claims under the Product Liability Act and to the extent of a guarantee assumed by Phonestar.
Liability for simple negligence: Otherwise, Phonestar is liable for simple negligence only for the breach of an essential contractual obligation, that is, an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely. In this case liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded.
Limitation of liability under Section 70 TKG: Insofar as Phonestar does not intentionally cause you, as an end user of a publicly available telecommunications service, financial loss, liability is limited under Section 70 TKG to a maximum of 12,500 euros per end user. If the obligation to pay damages arises towards several end users from a single act or a single damaging event and this is not based on intent, the obligation to pay damages is, without prejudice to the limitation in the first sentence, limited in total to a maximum of 30 million euros; if the compensation payable to several injured parties due to the same event exceeds the maximum limit, the damages are reduced in the proportion that the total of all damage claims bears to the maximum limit.
Excluded damage: Phonestar is not liable for damage arising because an emergency call via Phonestar Connect is not possible (§ 7), provided you were informed about the exclusion of emergency calls. Phonestar is furthermore not liable for faults arising from your internet access, your devices or in third-party networks, and not for content that you or your voice agents express towards third parties.
Data backup: For data that you store in Phonestar Connect or that arises there, Phonestar performs operational backups. For data that is important to you beyond operation, you ensure a backup through your own exports; in the event of data loss, Phonestar's liability is limited to the effort that would have been required for restoration had you made a proper backup.
The above limitations also apply in favour of Phonestar's legal representatives, employees and vicarious agents. This does not involve a change in the burden of proof to your disadvantage.
§ 14 Data protection and processing on behalf
Information on the processing of personal data can be found in the privacy policy.
Insofar as Phonestar processes personal data of your callers or users on your behalf in the context of voice agents, call lists and voice messages, you are the controller and Phonestar the processor within the meaning of Art. 28 GDPR. On request by email to [email protected], Phonestar provides you with a data processing agreement under Art. 28 GDPR. Phonestar processes this data only on your documented instructions, uses the sub-processors named in the privacy policy and informs you of intended changes to these sub-processors. You are responsible for the lawfulness of the collection and for informing your callers and contacts.
§ 15 Changes to the terms, dispute resolution, law and jurisdiction
Changes to these terms: Phonestar may change these terms insofar as this is necessary to adapt them to changed legal or official requirements, to changes in case law or to technical developments, or insofar as the balance between performance and consideration is not changed to your disadvantage. Phonestar announces changes to you in text form (by email) at least one month and at most two months before they take effect and points out your right of termination. You can terminate the contract without notice and free of charge until the change takes effect, but at the latest within three months of receipt of the announcement (Section 57 TKG). The right of termination does not exist if the change is exclusively to your benefit, is purely administrative and has no negative effects on you, or is directly required by law or official order. If you neither object to a change nor terminate, the change applies from the announced date.
Dispute resolution (consumers): In disputes about the end-user rights regulated in the Telecommunications Act (in particular Sections 51 to 67 TKG), consumers can request a conciliation procedure at the consumer conciliation body for telecommunications of the Federal Network Agency (Section 68 TKG): Bundesnetzagentur, Verbraucherschlichtungsstelle Telekommunikation, Postfach 80 01, 53105 Bonn, Germany, www.bundesnetzagentur.de/schlichtungsstelle-tk. Phonestar participates in this statutory procedure. Phonestar does not participate, and is not obliged to participate, in dispute resolution procedures before other consumer conciliation bodies under the Consumer Dispute Resolution Act (Section 36 VSBG).
Applicable law: The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the state in which they have their habitual residence.
Place of jurisdiction: If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Berlin. Phonestar remains entitled to sue the customer at their general place of jurisdiction. For consumers, the statutory places of jurisdiction apply.
Final provisions: Phonestar may transfer rights and obligations under this contract to an affiliated company or a legal successor; Phonestar announces this at least one month in advance, and in this case you can terminate the contract as of the time of the transfer. Should a provision of these terms be or become invalid, the validity of the remaining provisions remains unaffected; the statutory provisions take the place of the invalid provision.