General Terms and Conditions for the Use of Communication Services offered by the Product Red Bull Mobile Data (“Red Bull Mobile Data” Terms)
In order to have a good relationship, all aspects of it should be clearly defined. The basis for our relationship is provided in these General Terms and Conditions.
In order to help you quickly find what you are looking for the whole text is structured with headlines, introductions and questions in the left margin. They serve to ease orientation but do not define or limit the content.
These are the general terms and conditions governing the telecommunication services provided by us, A1 Telekom Austria AG, Lassallesstreet 9, 1020 Vienna, Austria, in connection with the product Red Bull Mobile data.
Please note: By stating “you” we principally refer to the entrepreneur as our contracting partner. As far as rights and obligations of the users of our communication services are concerned, however, the provisions shall apply equally to your employees whom you allow to use our communication services.
The relevant applicable terms and conditions are also available at esim.redbullmobile.com. The terms and conditions valid at the time the package is ordered apply.
2. CONCLUSION OF CONTRACT
The following conditions must also be met in order to conclude the contract:
• You must be of legal age and legal competence.
• You must be a natural person.
• The information provided when ordering must be correct.
• Accepting these GTCs you confirm that you are the cardholder of the creditcard.
• There must be no reason to suspect improper use of our services.
We offer you communication data services. The following documents constitute the legal basis:
» the Austria Telecommunication Act (TKG),
» the present General Terms and Conditions (GTC Business),
» the terms of charges valid for you
Acceptance: The contract becomes legally binding as soon as we activate your eSIM.
We can also forward legally important declarations via e-mail, text message, In-App-notification or other electronic media to you, e.g. invoices, payment reminders or notices of termination. Declarations shall be deemed delivered as soon as you are able to receive them (e.g. e-mail) or take notice of them (e.g. text messages) under ordinary circumstances.
3. SERVICE/ ROAMING / CHARGES
The service is based on an Austrian IMSI (specific identifier) and enables you to roam in different countries. Fees for your calls abroad will be charged by us.
· Fee see price list 21.)
· Validity period 31 days (CET)
· Included minutes 0/ voice not available
· Included SMS 0/ SMS not available
· Up/download speed best effort (depends on our partner-roaming network, e.g. 3G/4G/5G)
· Session rounding (per initiated dataconnection) 128 kbit*
*This means that the session is divided into blocks of 128 KB and rounded up to a full 128 KB block at the end of a session. A session is the period of time of a continuous, upright data connection of the end device in the mobile network. Please note that the data connection is interrupted, e.g. by switching off the device or activating flight mode, and a new session begins when the data connection is reestablished (deactivation of flight mode or switching on the device).
Domestic country for data connections is Austria. It can be topped up with local and various travel packages. The EU roaming regulation is valid. Roaming enables you only to make data connections abroad within the mobile networks of our partners as well as to use other services, e.g. send and receive data. Roaming is subject to a roaming agreement between us and the foreign mobile operator.
We do not guarantee or warrant an error-free service and give no guarantee or warranty with regard to network coverage, speed, quality or availability.
The use of this roaming service may be subject to different laws and regulations. We accept no liability for non-compliance with these laws or regulations.
4. DURATION OF CONTRACT
Our contract regarding the possibility of using the app for ordering roaming services is for an indefinite period. We can terminate this contract with a notice period of 1 month. Our roaming-package-contract enters into force once we accept your offer when you order and paid your data package and we provide our services, e.g. activate the data connection. The contract ends automatically at the same time when the valid period of the package ends.
5. ESIM PROFILES & CODES
eSIM cards remain our property. We may update the settings of the eSIM cards; After installing this app, we will install an eSIM on your device. This eSIM remains on your device even after the data volume you have provided is used up until you have deleted the eSIM profile.
ATTENTION: Please check in the settings of your device (e.g. smartphone) whether the correct eSIM profile is activated for data usage before you use data roaming services. Please note that if you choose a different eSIM profile than the one we have installed the data usage will be charged according to your respective mobile phone tariff. THIS CAN CAUSE VERY HIGH ROAMING COSTS. We do not accept any liability for such costs.
6. IMPROPER USE
You may not sell or make our services available to others for commercial purposes or otherwise commercially exploit our services without explicit written permission from us.
It is your responsibility to assure that our services are not used for anything improper, e.g. that they are not used to
• make threatening or harassing statements via this services
• commit fraud or other punishable offences using mobile gateways or similar equipment or devices
• transmit or store forbidden content, i.e. content which is illegal or generally considered to be immoral; explicitly forbidden is content which is pornographic, neo-Nazi, abusive, insulting, racist, xenophobic or politically extreme in nature, which glorifies violence or is morally reprehensible, or which violates “netiquette” and thus affects other users or our network integrity
• transmit or store content protected by copyright if you do not possess the proper licensing or legal authorisation
• send unsolicited information for the purpose of direct marketing or as mass mailings (spamming)
• attempt to gain unauthorised access to third-party computer systems (e.g. through hacking, port scans)
Please note: In the event of improper use, we may
• suspend your access to our services and/or
You are directly liable to third parties for any violation of their rights arising from your actions in this regard; you also agree to indemnify us and hold us harmless against any liability for any claims by third parties in court or otherwise.
7. SOFTWARE RIGHTS
You may use App and documentation provided by us for the duration of the relationship. These rights of use are non-exclusive and non-transferable. Please note: All rights to the App are held by us and by third parties. By installing the App, you accept both our conditions of license and use as well as those of third parties. If you violate these conditions, you agree to indemnify us and hold us harmless against any resulting loss.
Our scope of services does not include that our App works with third-party software not supplied by us or that it meets your specific needs. We do not accept any responsibility or liability in this regard. We accept no liability for loss or damage resulting from
• changes to the App
• changes to the necessary system settings
• application errors
Businesses: Warranty and liability are limited to reproducible errors in program functions.
8. THE PROVISION OF INTERNET SERVICES
Please note: Use of the Internet involves inherent uncertainties and risks, e.g. viruses, spyware, Trojan horses, phishing, hacker attacks, WLAN break-ins, etc. These risks also depend on your online behaviour, e.g. your browser’s security settings. As a result, we do not accept liability for any resulting damage or loss. Tip: You can increase your security by installing adequate security solutions.
If ordered to do so by a court or other authority, we may be required to pass on information about you to a court or administrative authority.
We may disclose your identity to third parties upon request if they can substantiate a specific illegal activity and an overriding legal interest in determining your identity.
We are not required to monitor content which you make publicly available on the Internet nor must we point out illegal content. We do reserve the right to delete content, e.g. illegal or prohibited content or content which intrudes upon the rights of third parties without authorisation. We are not required to inform you in this regard.
9. OUR LIABILITY
We accept liability only in cases of intent or gross negligence. Exception: personal injury.
Businesses: We do not accept liability for lost profits, missing savings, lost data, direct and consequential damage, as well as loss or damage arising from claims made by third parties unless such exclusion is prohibited by law. Our liability to pay compensation for every event which causes damage is limited to EUR 1.000 for each individual claimant and to EUR 100,000 for all claimants. If the total damage or loss exceeds this amount, the claims for compensation of the individual claimants are reduced proportionally.
10. YOUR LIABILITY FOR CHARGES
Please note: You are responsible for third parties within your sphere of influence who use communication services with your eSIM card, your codes or otherwise via your connection and you are liable for all resulting charges.
If your device inkl. eSIM card is lost or stolen, you will be liable for charges up to the time that you notify us or request to change your code.
11. SUSPENSION OF ACCESS TO OUR SERVICES
Please note: We may partially or fully suspend your access to our services in the event of one of the following circumstances:
• You are not legally competent.
• You are not of legal age (18) unless you can supply us with a declaration of consent and liability from your parent or legal guardian.
• You sought out-of-court settlement with creditors, bankruptcy proceedings involving your assets are pending or were rejected due to a lack of collateral assets, or you lack financial standing and creditworthiness for other reasons.
• We have reason to suspect that our services are being used for improper purposes (also by third parties).
• You violated other significant contractual obligations.
• The payment service provider does not authorise your payments.
• You have revoked your consent for us to bill you for recurring services.
• We are unable to make a necessary debit transaction.
We will resume your access to our services as soon as the reasons for suspension no longer exist and you have replaced our cost of suspending and resuming your access to our service.
12. SET-OFF AND LIEN
Consumers: You may offset your claims against ours if your claims
• are legally connected with our claims
• are established by court
• are recognised by us or
• if we are insolvent or otherwise unable to pay
Businesses: You may offset your claims against ours if your claims are established by court or are recognised by us. Assertion of a lien is excluded.
13. PRIVACY AND DATA PROTECTION
You can find more information about data protection at A1 and the third-party services we use at esim.redbullmobile.com/privacy-policy.
14. COMPLETE CESSATION OF SERVICES
In the event that we cease services completely, the cessation of services will take effect no earlier than 2 months after being announced on esim.redbullmobile.com. We will also inform you hereof in another suitable manner. Clause 18 will remain unaffected hereby.
15. TERMINATION OF CONTRACT
Grounds for termination
Contracts concluded on the basis of these Terms may be terminated for one of the following reasons:
• end of the agreed contract term
• ordinary and extraordinary termination
• in the event of death
• complete cessation of services
• Contracts of indefinite duration: Ordinary termination is possible by you or by us at the end of any calendar day by giving 1-month notice of termination. If this period of notice is not kept, termination will take effect 1 month after its receipt.
• Contracts of definite duration end with the end of the agreed contract term. Ordinary termination of these contracts is not possible by you or by us before this time.
• You must terminate in writing, by e-mail or at esim.redbullmobile.com.
Extraordinary termination of the contract is possible by you and by us given an important ground or one of the grounds for termination stated further below.
• You must terminate in writing, by e-mail or at esim.redbullmobile.com.
• Termination will take effect on the 1st working day after receipt of notice unless no later date is stated in the declaration of termination. Please note: Saturdays, Good Friday and the 24th and 31st of December are not considered to be working days.
Important grounds for extraordinary termination by you are:
• We fail to provide a significant point of our scope of services as agreed in our service descriptions over a period of 2 weeks despite your demands to do so. Exceptions: The fault was corrected before your termination; or your location was not adequately covered at contract conclusion and you knew or should have known thereof.
• The continuation of our contract until the end of the ordinary notice of termination / time limit / minimum contract term cannot be reasonably expected for another ground for which we are responsible. Exception: You must have expected this already at contract conclusion.
Unilateral contract amendments (Para 135 TKG)
• The Telecommunication Act enables us to unilaterally amend the present General Terms and Conditions, and service descriptions and terms of charges which have not been agreed individually (Para 135 TKG). This would distinguish between amendments that are exclusively favoured and those that are non-exclusively favoured.
• We shall publish unilateral amendments in appropriate form.
• Amendments that are exclusively favoured will come into force on the day of publishing, unless we state a later date in the announcement.
• Amendments that are non-exclusively favoured will come into force 3 months after publication at the earliest. We will inform you in writing at least 3 month before they come into force on the following:
• the material content of the amendments,
• the date they come into force, your extraordinary right of termination
• Extraordinary right of termination regarding amendments that are non-exclusively favoured: You may terminate the contract free of charge until the amendments come into force. Such termination will become effective 3 month after receipt of your notice – on the date the planned amendments come into force at the earliest; until then our contract shall be valid at the conditions initially agreed.
16. DEATH & SUCCESSION
The customer’s legal successor must notify us of his or her death. The contractual relationship ends with the day of death. If they come into inheritance, the estate and heirs of the deceased are liable for any charges accrued between the day of death and the notice of death. Other conditions remain unaffected hereby.
17. GOVERNING LAW
Our contracts are governed by and interpreted in accordance with the laws of the Republic of Austria. Application of its principles on conflicts of law and of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Consumers: Consumers as defined in the Austrian Governing Provisions to Protect Consumers [Konsumentenschutzgesetz] are only governed by the laws of the Republic of Austria if it is not mandatory to apply more favourable national consumer protection rules.
18. CONTRACT LANGUAGE
The English version of our contracts shall prevail for all matters of interpretation and construction.
19. PLACE OF PERFORMANCE, JURISDICTION, SETTLEMENT OF DISPUTES
The place of performance is Vienna, Austria. The court of jurisdiction for any and all legal disputes arising from this contract is the district court for the first district of Vienna [Wien, Innere Stadt].
Consumers: For complaints against consumers whose place of residence or usual place of residence is within the European Union or whose place of employment is within the European Union, the court of jurisdiction shall be the court in the place of residence or usual place of residence of the consumer.
Notwithstanding the competence of the courts, you can submit cases of dispute and complaints to the Austrian Regulatory Authority for Broadcasting and Telecommunications (RTR).
If any provision of these Terms is or becomes invalid or unenforceable, the legality of the remaining provisions is be affected or impaired.
21.PRICE LIST – 14.07.2022
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