Terms and Conditions
This page lists both the General Terms and Conditions (GTC) and the General Purchasing Conditions (GPC). The GPC follow the GTC.
General Terms and Conditions of m3connect GmbH
§ 1 Scope of Application
These General Terms and Conditions govern the paid use of the services of m3connect GmbH, namely the provision and operation of broadband internet access via Wireless LAN (WLAN) technology by users.
The General Terms and Conditions and all amendments are available at any time on the portal pages of every m3connect HOTSPOT. m3connect GmbH reserves the right to amend the General Terms and Conditions. This applies in particular when an amendment becomes necessary due to mandatory legal provisions, changes in internet-related framework conditions, or changes in the business processes or business areas of m3connect GmbH.
§ 2 Service Description
The user receives broadband internet access via the infrastructure of m3connect within the scope of the service commissioned by them. Prerequisites for using the m3connect infrastructure are:
– a network-capable device to establish a connection with the m3connect network.
– the web browser must accept cookies.
– no connection may be made via a proxy server.
– automatic redirection must be permitted.
Depending on the distance to the access point and the characteristics of the antenna used by the customer, data will be transmitted at different speeds.
After placing an order or purchasing a prepaid card, the user receives a username/password combination. These must be entered into the designated input fields on the portal page when opening the internet browser. Contract duration, validity, and volume limits are determined by the service commissioned by the customer.
If legal or regulatory framework conditions change, m3connect is entitled to make changes to its services or discontinue them entirely. m3connect is entitled to have services or partial services provided temporarily or permanently by third parties.
§ 3 Payment
Payment is made when the customer places the order.
§ 4 Locations/Hotspots
Internet access is valid at all hotspots of m3connect GmbH. m3connect reserves the right to restrict use at individual hotspots.
§ 5 Hotline
Questions about hotspots and the operation of the Wireless LAN service are answered 24 hours a day by the WLAN hotline at:
0800 – 435 75 26 (free of charge from German landline and mobile networks)
or
+49 (0)241 – 705 396 05 (at landline rates).
For questions regarding the configuration and equipment of the device, the customer must contact the manufacturer of their notebook or, in the case of company devices, the company’s IT administration.
§ 6 Contract Duration/Use
The paid usage period begins at the commissioned time or upon activation of access via the m3connect infrastructure. The contract duration is determined by the selected tariff. By commissioning the service, the user implicitly accepts these GTC.
Both contracting parties are entitled to extraordinary termination of the contract if the other contracting party fails to fulfill their obligations in a manner that constitutes a material breach of contract.
§ 7 User Obligations
The user shall notify m3connect GmbH of any identifiable disruptions affecting wireless internet access via m3connect GmbH.
Username and password are non-transferable. The user must keep the username and password confidential and ensure that they are not made accessible to third parties. The user is obligated to notify m3connect GmbH immediately of any suspicion of misuse or disclosure of their access credentials. The user is obligated not to use the services of m3connect GmbH in an abusive or immoral manner and to comply with laws and the rights of third parties. This includes in particular:
Not storing or causing to be stored, or referring to, harassing, defamatory, privacy-invading, abusive, threatening, harmful, unlawful, or otherwise illegal or immoral content;
Not providing or referring to content that could damage the reputation of m3connect;
Not offering, transmitting, or requesting the transmission of viruses, ‘Trojan horses’, ‘junk mail’, ‘spam’, ‘chain letters’, or unsolicited mass emails;
Not using facilities or executing applications that lead or could lead to changes in the physical or logical structure of m3connect servers or the m3connect network or other networks.
Using the network provided by m3connect exclusively for internet access and not establishing any connections to other devices, except those provided, within the m3connect network.
In the event of a violation of the aforementioned obligations, m3connect GmbH is entitled to temporarily or permanently block internet access with immediate effect. The user shall compensate m3connect GmbH for any damage resulting from such breaches of duty and shall also indemnify against all disadvantages arising from their harmful actions.
§ 8 Liability
m3connect is not liable for damage caused to the user through improper use of WLAN. m3connect, its partners, or its suppliers assume no liability for damages, claims, or costs of any kind, nor for consequential damages, indirect, incidental, punitive, special, or other damages, nor for claims or compensation for lost profits or losses. Furthermore, the liability of m3connect for any damages—regardless of the legal basis, including tort—is excluded.
m3connect has no influence over data transport via the internet. m3connect is not liable for the availability, currency, or accuracy of third-party information transmitted via its m3connect infrastructure. Furthermore, m3connect assumes no liability for transmitted and/or sent data being free of third-party rights, or for the sender transmitting data and/or other information correctly or lawfully, unless m3connect intentionally or with gross negligence fails to provide a possible and necessary warning or examination despite the presence of concrete indications.
Insofar as m3connect GmbH grants access to databases or services of third parties, m3connect GmbH is not liable for the accessibility, existence, or security of these databases or services, nor for the accuracy, completeness, or currency of content, or freedom from third-party rights regarding data, information, and programs downloaded by the user. m3connect GmbH advises the user that results to which the user gains access via m3connect GmbH may be protected by copyright. There is therefore the possibility that the user may become liable for damages and subject to criminal prosecution toward the rights holder by copying, editing, and/or distributing these results. It is the user’s responsibility to ascertain and comply with third-party rights. m3connect GmbH is not liable for unlawful content of third parties.
§ 9 Security Information
WLAN operation is not encrypted. We expressly point out that access by third parties (hackers) cannot be excluded. Users are therefore advised to arrange their own encryption. If the correct network name (SSID) has not been configured, the WLAN card may be accessed by another signal and you may be in another network without authorization. It is expressly pointed out that this may result in legal consequences for which m3connect assumes no liability.
§ 10 Data Protection
m3connect GmbH collects, processes, and uses personal data of the user provided during registration only for the purpose of authorization and use of the services of m3connect GmbH, as well as for statistical purposes. This data will not be disclosed to third parties. The user expressly acknowledges these data protection provisions by using the service. Transmission to state institutions and authorities occurs only within the scope of mandatory legal provisions.
m3connect GmbH complies with data protection regulations and ensures that all persons entrusted with the execution of this contract also comply with these provisions. m3connect GmbH has obligated its employees in the required form to comply with data protection confidentiality and contractually agreed confidentiality obligations.
§ 11 Other Provisions
German law applies to this contract. The place of jurisdiction is Aachen.
Should any provision of the General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be deemed replaced by one that comes closest economically to the purpose and intent of the invalid provision in a legally valid manner.
General Purchasing Conditions (GPC) of m3connect GmbH
1. General
1.1 The following General Purchasing Conditions (GPC) apply to all orders/contracts of m3connect GmbH (hereinafter M3). Contractors (AN) within the meaning of these terms and conditions are exclusively business entities.
1.2 Business entities within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity with whom business relations are entered into and who act in the exercise of their commercial or independent professional activity when concluding a legal transaction.
1.3 Deviating, conflicting, or supplementary General Terms and Conditions of the AN shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing. If the AN also uses an exclusion clause corresponding to the previous sentence in their General Terms and Conditions, the contract is concluded even without express agreement on the inclusion of General Terms and Conditions. Insofar as the various General Terms and Conditions are identical in content, they are deemed agreed. Conflicting individual provisions are replaced by the provisions of dispositive law. The same applies if the AN’s terms and conditions contain provisions that are not included in these terms and conditions. If these terms and conditions contain provisions that are not included in the AN’s terms and conditions, these terms and conditions shall apply.
1.4 If M3’s order deviates from the AN’s offer, the order shall be deemed accepted by the AN with the content of the order placed by M3, unless the AN objects to this order within one week of the order date.
1.5 Only orders placed in writing are legally binding. Orders placed verbally or by telephone require subsequent written confirmation by M3 to be legally valid. The same applies to verbal side agreements and contract amendments.
1.6 No remuneration is paid for the preparation, submission, and presentation of offers or for participation in tenders, unless expressly agreed otherwise in writing with the AN. The preparation of an offer does not in any case entitle the recipient to receive an order.
1.7 M3 may propose changes to the delivery item even after conclusion of the contract. The contractor is obligated to agree to such a contract amendment if it is reasonable for them. Any effects on costs and delivery dates shall be agreed upon mutually and taken into account appropriately.
2. Confidentiality
2.1 The AN undertakes to use all information that becomes known to them during their activity for M3 exclusively for the contractual purpose and to keep it confidential even beyond the termination of the contractual relationship.
Information within the meaning of this confidentiality agreement includes:
- all information that M3 designates as confidential to the receiving AN
- trade secrets pursuant to § 2 No. 1 GeschGehG (Trade Secrets Act) as well as
- information in the nature of trade secrets for which no appropriate
protective measures within the meaning of § 2 No. 1 lit. b GeschGehG have been taken.
2.2 The AN shall impose corresponding obligations on their employees and subcontractors.
2.3 All documents, materials, objects, etc. provided by M3 for the execution of the order remain the property of M3 and may only be passed on to third parties with prior written authorization from M3 and must be returned immediately upon request by M3, excluding all rights of retention.
3. Prices, Shipping, Packaging
3.1 The agreed prices are fixed prices and exclude subsequent claims by the AN. They must be stated in euros and are exclusive of statutory value-added tax.
3.2 Unless expressly agreed otherwise, the AN delivers DDP Incoterms 2020, including packaging, insurance, and all other ancillary costs. For domestic deliveries, these apply accordingly, but without customs clearance obligations.
3.3 Our order number must be stated on all correspondence (e.g., shipping notices, waybills, invoices, and all correspondence) with M3.
3.4 M3 only accepts the quantities or units ordered by M3. Over- or under-deliveries are only permitted with prior written consent from M3.
4. Invoicing, Payment
4.1 Invoices must be sent immediately, but no later than 10 days after delivery or complete performance in accordance with the contract, stating all order data in a single copy to the billing address specified in the respective order. Invoice copies must be clearly marked as such.
4.2 Unless otherwise agreed in writing, invoices are payable within 14 days less 3% discount or after 30 days net, calculated from delivery/performance and receipt of invoice.
4.3 In the event of defective delivery/deficient performance, M3 is entitled to withhold payment proportionally until proper fulfillment.
4.4 Claims arising from contracts concluded with M3 may only be assigned with the written consent of M3.
5. Delivery Dates, Delivery Periods
5.1 The delivery periods or dates specified in the order are binding. The decisive factor for compliance with the delivery date or delivery period is the receipt of the goods at the receiving or use location specified by M3 or, if acceptance has been agreed, the timeliness of successful acceptance.
5.2 M3 is entitled to refuse acceptance of goods that are not delivered on the delivery date specified in the order and to return them or store them at the AN’s expense and risk.
5.3 If the AN recognizes that an agreed date cannot be met, they must notify M3 immediately in writing, stating the reasons and the expected duration of the delay.
5.4 The AN may only invoke the absence of necessary documents to be provided by M3 if they have requested the documents in writing and have not received them within a reasonable period.
6. Guarantee and Warranty
6.1 The AN warrants that all deliveries and services comply with the recognized rules of technology, the relevant legal provisions (including EU requirements), as well as the applicable regulations and guidelines of authorities, professional associations, and trade associations.
The agreed condition within the meaning of § 434 para. 2 BGB includes in particular compliance with all technical specifications, quality standards, and intended uses specified in the order.
Deviations from this are deemed material defects unless they have been expressly approved in writing by M3 in advance.
6.2 The warranty period is 24 months unless expressly agreed otherwise. It begins with the handover of the delivery item to M3 or the third party designated by us at the receiving or use location specified by us. If acceptance has been agreed, the warranty period begins after successful defect-free acceptance. Otherwise, the statutory warranty claims apply without restriction.
6.3 The limitation period is suspended during rectification or replacement delivery for the affected delivery item. For delivery parts that could not remain in operation during the investigation of a defect and/or defect rectification, the limitation period is extended by the period of operational interruption, provided the AN is responsible for the defect. For repaired or newly delivered parts, the limitation period begins anew upon completion of rectification or, if acceptance has been agreed, upon acceptance.
Acceptance must be requested in writing from M3 if applicable.
6.4 In the event of defects, M3 has the statutory rights to supplementary performance, withdrawal, reduction, and damages.
6.5 In the case of supplementary performance, M3 may demand rectification or replacement delivery at its discretion. Any resulting transport, travel, labor, and material costs shall be borne by the AN. If M3 suffers damage due to defective delivery or performance, M3 may—in addition to further statutory rights—demand flat-rate compensation of up to 15% of the net order value. The AN expressly reserves the right to prove that lesser or no damage occurred.
6.6 The AN is liable within the framework of supplier recourse pursuant to §§ 445a, 445b BGB for their goods being free of defects, provided M3 has been held liable by a third party (e.g., end customer) due to a defect.
The AN waives the objection of missing deadline setting in the case of recourse.
Costs of return, transport, inspection, replacement delivery, recall actions, and legal prosecution must be fully reimbursed within the framework of recourse, insofar as the defect lies within the AN’s area of responsibility.
Insofar as M3’s order is not directed at the delivery of goods but at the provision of services, the AN is liable for the performance of service contractual obligations in accordance with statutory provisions.
The AN indemnifies M3 against all claims asserted by third parties based on the AN’s services rendered under or in connection with the service contract culpably violating the AN’s service contractual obligations. The indemnification also includes the AN’s obligation to reimburse M3 for the costs of appropriate legal prosecution incurred in defending against the claims. The obligation to indemnify also includes all claims by third parties based on the AN’s services rendered under and/or in connection with the service contract violating their proprietary rights.
Further or other claims by M3 remain unaffected.
6.7 For damages arising from product liability, the AN is liable within the framework of statutory provisions, in particular the Product Liability Act. They shall indemnify M3 against all claims by third parties based on defects in products delivered by the AN, provided the AN is responsible for the product defect. The AN undertakes to conclude industry-standard product liability insurance with sufficient coverage and to provide proof upon request by M3.
6.8 If M3 must conduct a recall action due to a defective product delivered by the AN, the AN shall bear all resulting costs, provided the recall is based on a product defect for which the AN is responsible.
7. Proprietary Rights
7.1 The AN warrants that all deliveries and services are free of third-party proprietary rights and that, in particular, the delivery and use of the delivery items do not violate patents, licenses, or other proprietary rights of third parties.
7.2 The AN shall indemnify M3 and M3’s contractual partners upon first request against all claims asserted by third parties, whether natural or legal persons under private or public law, against M3 and/or M3’s contractual partners arising from a violation of the warranted obligations under para. 1. This applies regardless of the legal basis of such claims and regardless of culpable conduct by the AN. The indemnification also includes the obligation to reimburse M3 for the costs of appropriate legal prosecution incurred by M3 in defending against the claim. Further or other claims by M3 remain unaffected.
7.3 M3 is entitled, but not obligated, to obtain permission from the rights holder to use the relevant delivery items and services at the AN’s expense.
8. Code of Conduct
8.1 The AN undertakes to comply with M3’s Code of Conduct, available at [insert link] or attached as Annex 1. The Code of Conduct is an integral part of these purchasing conditions.
8.2 A violation of the Code of Conduct is deemed a material breach of contract. In such a case, M3 is entitled to withdraw from the contract or terminate it for good cause, provided the AN has been given prior warning and does not remedy the situation within a reasonable period.
8.3 M3 reserves the right to verify compliance with the Code of Conduct through appropriate measures.
9. Final Provisions
9.1 Should individual parts of these General Purchasing Conditions be legally invalid, the validity of the remaining provisions shall not be affected.
9.2 The supplier is not entitled to transfer or assign their contractual obligations or rights or parts thereof to third parties without our prior written consent.
9.3 Unless expressly agreed otherwise, the place of performance for the delivery obligation is the shipping address or use location we specify; for all other obligations of both parties, Aachen.
9.4 If the supplier ceases payments, a provisional insolvency administrator is appointed, insolvency proceedings are opened over their assets, or there are bill or check protests against the supplier, we are entitled to withdraw from the contract in whole or in part without any claims being derived against us.
9.5 The exclusive place of jurisdiction is Aachen. However, we reserve the right to assert our claims at any other permissible place of jurisdiction.
9.6 The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
Annexes: