Terms & Conditions
One Smart
Star GMBH (OSSN)
Resselstraße 16, A-2120 Wolkersdorf
Version 1.3
1. scope of application and
Subject matter of the contract
1. 1 OSSN provides its customers (companies of all kinds, as well as public organizations and institutions) with the connections to the mobile network operators necessary for the ongoing operation of the public short numbers with an asterisk (Federal Law Gazette II of the Republic of Austria, Ordinance 344) and enables the technical implementation in the IT systems on the basis of the existing contracts with the network operators and the international OSSN license. The public short number with an asterisk can be chosen by the customer, but must be registered with the Telecommunications Regulatory Authority (RTR), which then assigns it to the customer by means of an official decision.
The OSSN service also includes the registration of the short number chosen by the customer with the regulatory authority after the customer has provided the corresponding authorization.
The short number with an asterisk can only be linked to existing or new 0800 numbers and can only be reached via cell phones.
The OSSN service provided under the short number with an asterisk initially comprises voice telephony, followed by SMS, e-mail and postal letter communication.
These additional services are activated by OSSN for all OSSN customers after conclusion of the contracts with the relevant service providers, without any additional costs being charged.
The contract concluded between the Customer and OSSN for the service to be provided by OSSN results from the valid offer and the official registration or order (pre-printed order form) under the following conditions.
1.2 Any changes, restrictions and extensions to existing services will be communicated to the Customer by OSSN without delay.
1.3 OSSN reserves the right to issue codes of conduct (e.g. regulations or recommendations, in particular from regulatory authorities regarding the use of short numbers with an asterisk) and to apply them as part of the respective contract after they have been announced (in writing and effective within 4 weeks of delivery). The published code is legally binding for the customer.
1.4 Furthermore, the provisions of Austrian and European telecommunications law as amended shall apply to the contractual relationship (currently in particular the Telecommunications Act 2003 and Ordinance 344 amending the KEM-V 2009).
1.5 OSSN may use third parties as vicarious agents in the fulfillment of its performance obligations. The contractual obligations of OSSN remain unaffected by this. OSSN is entitled to change the technical platforms and parameters on which the services are based or to use alternative vicarious agents, provided that the services for the Customer do not deteriorate significantly or the Customer does not incur any additional charges beyond what is reasonable.
1.6 The charges for operating the 0800 number, which is the basis for using the short number with an asterisk, are billed directly to the Customer by the responsible 0800 operator and are not part of the OSSN invoice. Accordingly, the claims of the responsible operator arising from the operation of the 0800 number cannot be offset against the OSSN claims.
2. obligations of the customer
2.1 In its own interest, the customer is required to present the short number with an asterisk to potential callers on printed materials and in advertising in order to ensure the minimum minute volume specified by the regulatory authority for the use of short numbers with an asterisk.
2.2 The customer shall immediately notify OSSN in writing of any changes to its address, company name, registered office, billing address and legal form. Should the Customer fail to comply with the aforementioned obligation, OSSN shall be entitled to make legally binding declarations to the Customer at the last known address or in accordance with the last known company data.
3. immediate adjustment
of benefits and services
OSSN is entitled to discontinue the OSSN services in whole or in part without prior ordinary or extraordinary termination of this contract if:
1. a) the customer is in arrears with payment of the fee after unsuccessful warning of disconnection or disconnection of the short number with an asterisk, setting a grace period of two weeks,
2. b) insolvency proceedings are opened against the customer's assets or insolvency proceedings are dismissed for lack of assets to cover the costs,
3. c) OSSN requests the customer to remove disruptive factors immediately and the customer does not comply with the request immediately, in particular despite impairment of the network or danger to persons,
4. d) the customer offers or allows to be offered legally prohibited content or there is reasonable suspicion of this. This includes, in particular, content that violates the Austrian Criminal Code, Pornography Act, Prohibition Act or Data Protection Act and any threat to public order or security as well as the dissemination of content that is likely to endanger the moral or health development of young people.
5. e) the customer violates the provisions of the Telecommunications Act 2003
(in particular Section 107 TKG 2003) and/or Ordinance 344 amending the KEM-V 2009 or there is reasonable suspicion of such a violation.
1. f) an administrative authority or Rundfunk und Telekom Regulierungs-GmbH recommends or orders the discontinuation of short numbers with an asterisk.
2. g) there are reasonable grounds to suspect that the content provided with or behind the service was generated by fraud or fraud-like behavior or is connected with it or is likely to deceive OSSN or third parties or damage their assets.
3. h) the security deposit or advance payment agreed between the Customer and OSSN pursuant to Section 7.9 has not been made.
4. provision deadlines,
Scope of services, fault clearance
and warranty
4.1 A contract, and thus the obligation to provide the service, is concluded by a written OSSN offer, the customer's order referring to it (order form) and the activation of the service by OSSN within 8 weeks of receipt of a valid decision by the regulatory authority. For this purpose, the order form must be signed by the customer.
4.2 The Customer is aware that OSSN's services can only be provided subject to the provision and availability of transmission paths and switching systems by the subscriber network operators (mobile network operators and network operators for the 0800 number running in the background and defined by the Customer). The quality of the service is measured on the basis of ITU standards. However, the technical conditions of the telecommunications networks may restrict the transmission path or the accessibility of the short number with an asterisk. As a result, OSSN only guarantees the provision and setup of the numbers required for the provision of the contractually agreed services. Since the establishment of the connection is not subject to OSSN's control, OSSN shall only be responsible for the proper provision of the contractually agreed service within the scope of its technical and operational capabilities. Insofar as operationally necessary work is carried out in the networks of the operators and disruptions to the network may occur as a result, this is generally also associated with a service restriction of the short number with an asterisk.
OSSN shall notify the customer of foreseeable interruptions in good time in accordance with the information provided by the network operators.
4.3 When asserting warranty claims of the Customer against OSSN, the Customer shall be limited to the warranty remedies of rectification and supplementation of the missing items. All other warranty remedies are excluded.
4.4 The customer must immediately notify the relevant OSSN fault office (by calling +43/810 95 96 96) of any faults to his short number with an asterisk. OSSN or its vicarious agents shall rectify the fault within the scope of their technical and operational possibilities without culpable delay and in accordance with the possibilities of the network operators concerned.
5. liability
5. 1 OSSN shall only be liable for itself and its vicarious agents for damages within the scope of the service to be provided by OSSN in the event of intent or gross negligence. Liability for slight negligence, compensation for consequential damage, financial loss, loss of profit, loss of savings and for damage arising from third-party claims against the customer is excluded. Compensation for each event causing damage to the individual injured party is limited to EUR 3,500 for all injured parties up to EUR 35,000. If the total damage exceeds the maximum limit, the compensation claims of the individual injured parties shall be reduced proportionately. However, OSSN shall under no circumstances be liable for damages or other claims arising from the reasons set out in points 3. and 4.2.
5.2 The Customer shall be solely responsible for the content of the information provided via the short number with an asterisk, its advertising and for all associated and provided services and shall fully indemnify and hold OSSN harmless if claims are asserted against OSSN by third parties due to the services and information provided by the Customer. This also applies in particular in cases in which the operation of the short number with an asterisk is permanently or temporarily suspended, interrupted or prohibited due to official or court orders because of the services and information provided by the customer (including their application).
5.3 OSSN accepts no liability for damage caused by any official authorization, approval or consent of third parties that may be required but not granted.
5.4 In the event of changes, restrictions or extensions to the OSSN services, the customer shall not be entitled to any claims for compensation.
5. 5 The Customer shall be exclusively liable for any claims for payment by the 0800 operators that arise from the use of the services and/or information and value-added services provided by the Customer by end customers (callers, users), even if these claims for payment are not recoverable from the end customer (caller, user) or are not settled by a third party. The parties (OSSN and the customer) therefore agree that the customer cannot derive any claims for compensation against OSSN from this title, even despite the associated short number with an asterisk.
6 Contract duration and termination
6.1 Unless otherwise agreed in detail, the contract is concluded for an indefinite period. It may be terminated by either of the contracting parties with twelve months' notice to the end of a contract year.
The contract year begins at the start of the month in which operation of the short number with star is commenced and the corresponding fee is charged by OSSN and ends 24 months later, at the end of each month.
The agreement of a mutual waiver of termination for a period longer than one year is permitted.
6.2 Extraordinary termination of the contract for good cause with immediate effect is permissible. On the part of OSSN, the cases listed in Section 3 in particular constitute such good cause. In the event of a justified extraordinary termination by OSSN, OSSN shall be entitled to physically and/or logically delete the short number with an asterisk used by the customer from the network operators immediately and without prior warning at the customer's expense; in this case, the customer shall not be entitled to any claims, in particular no claims for damages. In any case of termination of the contract, the customer shall place OSSN in the same position as if the contract had been duly fulfilled or terminated.
In the event that the economic framework conditions and terms (in particular agreements with the cooperating network operators) change to the detriment of OSSN to such an extent that it is no longer possible to offer the contractual services economically (in particular a deterioration in OSSN's profit situation compared to the profit situation at the time the contract was concluded), OSSN shall be entitled to terminate the contract with the customer subject to a notice period of 4 weeks.
7. fees, terms of payment
and contract amendments
7.1 The amount of the fees shall be based on the offer underlying the contract or on the OSSN price list valid at the time of conclusion of the contract, which contains the different product categories selectable by the customer. The prices quoted are in euros and, unless otherwise stated, exclusive of VAT.
OSSN generally guarantees the offered and agreed fees for the entire term of the contract. These fees cover the entire service to be provided by OSSN.
OSSN is entitled to change the fees/contract; all fees agreed with the customer are index-linked according to the CPI 2020 as published by Statistics Austria (or any successor index). In the event of an index increase, OSSN is therefore entitled to adjust all fees in the ratio in which the value of the CPI for the month of March of the current calendar year has changed compared to the last CPI value on the basis of which a value adjustment was calculated (but no later than retroactively to the start of the contract). Index adjustments to the fees do not entitle the customer to extraordinary termination.
7.2 OSSN charges for its services in fixed monthly fees from the month in which the short number with an asterisk is available and usable in the networks. Semi-annual or annual billing of the monthly fees, in each case in advance, can be agreed.
OSSN will send the customer an invoice at the beginning of each calendar month, with which the fixed fees for the previous month will be charged.
7.3 All invoice amounts are due for payment within 10 days of receipt of the invoice, free of deductions and charges. Timely payment shall be determined by the date on which the amount is credited to the OSSN account stated on the invoice. In the event of default of payment, the customer shall pay default interest of 2% for each month of default of payment or part thereof as well as all costs, expenses and cash outlays necessary for the appropriate legal prosecution of OSSN's claims. OSSN expressly reserves the right to claim further damages.
OSSN reserves the right to send invoices to the Customer in electronic form (e-mail) using the digital signature. If OSSN makes use of this right, it shall notify the Customer of this in good time. As soon as OSSN makes use of this right to send invoices electronically, no further invoices shall be sent by post. OSSN shall be entitled at any time (after prior timely notification) to send invoices by post again and to discontinue electronic invoicing.
7.4 Objections to invoiced claims must be raised by the customer in writing by registered letter within one month of the invoice date, otherwise the claim shall be deemed to have been accepted.
7.5 The Customer shall support OSSN in any case of discrepancies, contradictions, etc. in connection with the settlement and undertakes to keep all records necessary for verification and processing and to make these available to OSSN without delay upon request.
7.6 OSSN may, at its reasonable discretion, demand an appropriate advance payment or security deposit. OSSN shall inform the Customer of this upon conclusion of the contract. If this is rejected by the Customer, OSSN shall be released from the provision of services.
8 Confidentiality and data protection
The parties undertake to keep confidential all data to which they have access in the course of concluding and implementing this contract and, in particular, the commercial terms of this contract, insofar as this is compatible with mandatory statutory provisions. The data protection provisions of the TKG and the DSG 2000, including the associated ordinances, must be complied with.
OSSN will collect the following personal data for billing purposes in accordance with Sections 96, 97 and 99 TKG 2003 (as amended): Master data pursuant to Section 92 (3) no. 3 TKG 2003 (these are surname, first name, academic degree, company name, company register number, address, e-mail address, fax and telephone number, subscriber number, bank details, bank sort code, bank account number). Master data will be deleted at the latest after termination of the contractual relationship with the customer, unless this data is still required thereafter for billing or collecting fees, for processing complaints or for fulfilling OSSN's legal obligations. OSSN shall take all technically and economically reasonable measures to protect the data stored by it against unauthorized access by third parties. Insofar as OSSN is obliged to disclose data in accordance with statutory provisions, OSSN shall, however, comply with this statutory obligation. In particular, OSSN is entitled to disclose the identity of the customer and the type of information provided by the customer to the telecommunications regulatory authority. In the event of a suspected violation of the Telecommunications Act or other Austrian or international legal provisions or on the basis of a contractual obligation, OSSN shall also be authorized to disclose the customer's master data to third parties.
9. general
9. 1 The contract shall be governed by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For disputes arising from or in connection with the contract, including disputes regarding its validity, the competent court in the 1st district of Vienna shall have exclusive jurisdiction.
9.2 OSSN is entitled to transfer the contract to an affiliated company.
9.3 There is a single European emergency number 112.
9.4 Amendments and additions to this contract must be made in writing; this also applies to any waiver of this formal requirement. E-mail does not fulfill the written form requirement with the exception of point 4.1
9.5 OSSN is entitled to amend these GTC. The Service Provider shall be notified in an appropriate manner one month prior to the amendment that a non-exclusively favorable amendment is to be made. Amendments to the GTC that are not exclusively favorable shall entitle the Service Provider to terminate the contract free of charge (from notification of the amendment that is not exclusively favorable) until the amended GTC enter into force.
9. 6 The invalidity, ineffectiveness or unenforceability of individual provisions of this contract shall not lead to the invalidity or ineffectiveness of the entire contract. In this case, the contracting parties are obliged to cooperate immediately in the creation of a legally effective provision that corresponds or comes as close as possible to the purpose and economic meaning of the invalid provision.
9. 7 Upon registration or order placement (in particular order form) by the customer, these GTC and any codes of conduct agreed or issued/announced pursuant to Section 1.3 shall be deemed accepted. The customer agrees to be included in OSSN's list of reference customers. Any fees for the contract shall be borne by the customer.