GENERAL TERMS AND CONDITIONS


PREAMBLE


These General Terms and Conditions (hereinafter: "GTC") describe the contractual relationship between Gerdes Communications GmbH (hereinafter: "Gerdes Communications") and the user of the web page of Gerdes Communications GmbH (hereinafter: "GerdesCom web page").

 

The user accepts GTC as amended at the time of the use of the web page, by ticking the "Accept Terms" field during the charging and/or ordering process. The user has at any time, and also after the conclusion of the contract, the option to access, print, and/or store GTC in their currently valid version via the web page's "GTC" navigation point. Gerdes Communications operates its contractual services under the domain www.gerdescom.de. The contract about the use of these services is concluded exclusively between the user and Gerdes Communications.

 

Gerdes Communications provides services for inmates (telephony, TV, Internet), acting here as a service provider for prison facilities. It's up to the facilities to grant inmates access to the end devices of Gerdes Communications that are required for the use the services.

SUBJECT OF THE CONTRACT


(1) GerdesCom web page allows users to top up GerdesCom user accounts  (hereinafter: "inmates' accounts") by making online deposits.

 

(2) The deposited credits allow inmates for the use of chargeable GerdesCom services as for example telephony, TV, and/or Internet. This only to the extent at that time provided in the facility by Gerdes Communications and permitted by the facility.

PROPER USE OF THE CONTRACTUAL SERVICES


(1) With the GerdesCom web page and the technical applications there included Gerdes Communications offers third parties (relatives, friends etc.) an instrument to top up inmates' accounts for the use of chargeable services (e.g. communications services) provided on site at the facility by Gerdes Communications. Gerdes Communications does not participate in the communication between user and inmate.

Any contracts that are concluded between user and inmate apply exclusively between these two contracting parties. Gerdes Communications is in no event and at no time contractual partner. The contracting parties therefore are exclusively responsible for the execution and the fulfillment of any contracts that have been signed. Gerdes Communications takes no liability should there not result a contact between user and inmate after the conclusion of a contract via the GerdesCom web page.

(2) Money deposits that are transferred to an inmate account via the GerdesCom web page will be promptly forwarded to the indicated inmate account by Gerdes Communications. Gerdes Communications has no obligations other than to forward these payments. Gerdes Communications does not assume any liability for any input errors of users or for any acts or omissions of inmates with respect to their inmates’ accounts.

Gerdes Communications is in particular not responsible for ensuring that the inmate account specified in the online payment is assigned to the inmate in whose favour the deposit is made. The user is exclusively responsible for indicating the correct recipient data by using the correct inmate account number and the facility’s name.

(3) It is technically impossible to establish with certainty whether the user of the GerdesCom web page or the inmate is indeed the person s/he claims to be. Therefore, Gerdes Communications provides no guarantee for the actual identity of user and/or inmate. Each user or inmate must satisfy her/himself of another inmate’s or user’s identity.

AVAILABILITY OF GERDESCOM WEB PAGE AND SERVICES


(1) The user acknowledges that a 100% availability of the GerdesCom web page is technically unattainable. However, Gerdes Communications will endeavor to keep the GerdesCom web page constantly available. In particular, maintenance, security or capacity issues, as well as events that are not within the control of Gerdes Communications, as for example disturbances of public communications networks, power outages, etc. may lead to brief malfunctions or temporary cessation of the GerdesCom web page’s services.

(2) It is hereby expressly stated that there is no guarantee that with the transfer of money to an inmate account the account holder/inmate can actually dispose of this credit. The use of the telecommunications end devices shall be governed solely by the terms, provisions and regulations of the competent prison facility. Gerdes Communications does not assume any liability, warranty or guarantee whatsoever that the inmate is allowed and/or enabled to use the credit balance on her/his inmate account.

LIABILITY


(1) Claims for damages – no matter for which legal reason – against Gerdes Communications based on ordinary negligence shall only arise, if an essential contractual obligation/cardinal obligation has been violated. In this case claims for damages shall be limited to the amount of typical foreseeable damages.

(2) Such limitations do not apply insofar as the damage is covered by the business liability insurance of Gerdes Communications and the insurer has paid out to Gerdes Communications. Claims for personal injury and claims based on the German Product Liability Act shall remain unaffected.

CUSTOMER SERVICE AND SUPPORT


Gerdes Communications supports users and inmates with any further questions or problems that might arise. Requests can be submitted at any time via the online contact form as well as by letter (Gerdes Communications GmbH, Bergerwiesenstr. 9, 53340 Meckenheim) or fax (+49 2225 916027-1). Gerdes Communications will respond as soon as possible.

The GerdesCom telephone helplines are available from 9 to 17:30, Monday to Friday:

  • GerdesCom helpline for inmates:     +49 (0)2225 916027-3
  • GerdesCom helpline for relatives:    +49 (0)2225 916027-4

FINAL PROVISIONS


(1) The contract and its modifications require written form. Side agreements have not been concluded.

(2) Gerdes Communications reserves the right to amend these GTC at any time without prior notice and/or without stating reasons. Unless the user objects ot the applicability of the new GTC within 6 weeks after becoming aware of them, the amended GTC shall be deemed accepted by the user.

(3) If any provision of these GTC should be or become ineffective, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the legal provisions, where available.

(4) Place of jurisdiction for all legal proceedings is Rheinbach. Place of performance is Meckenheim.

(5) The laws of the Federal Republic of Germany apply, excluding the international private law and the CISG, taken over to German law.

Meckenheim, June 2014