Translation from German

General Terms and Conditions for

M2M Mobile Communication Services
("GTC M2M")

of T-Mobile Austria GmbH

Rennweg 97-99
1030 Vienna
- hereinafter referred to as "T-Mobile" -

Applicable to all newly concluded contracts and to

contracts renewed on or after 6 May 2019
Introduction 2.2 The customer shall be bound to his offer for three (3) days after the
purchase order was placed.

Machine-to-Machine Communication or M2M means automatic 2.3 At the time of registration the customer must provide the following:
communication between the most different technical terminals (e.g.
vehicles, containers, alarm systems or electricity meters) or with a central proof of his identity (driving licence, passport or identity card),
coordination centre by use of the mobile communication network. By proof of a SEPA bank account or credit card if the customer grants T-
interconnecting these "machines" via the mobile communication Mobile a direct debit authorisation for payments,
network specific modules and also entire systems can communicate proof of his entrepreneurship (by means of an excerpt from the Business
with each other all around the world, and may also be monitored, Register, trade licence, etc.),
controlled and maintained. a special power of attorney if a third party (e.g. an employee) is to
In this context T-Mobile offers connectivity which the customer can use conclude the contract on the customer's behalf.
in his own technical solutions or, in cooperation with T-Mobile's
partners, also special hardware, software and service solutions.
2.4 T-Mobile may reject the customer's purchase order by notifying him

a. if there are payment arrears under a previous or current

Part I: The contract - the basis of a contractual relationship with T-Mobile,
b. if the customer provides incorrect or incomplete data regarding
good relationship his person or his creditworthiness,
c. in the case of a well-founded suspicion of misuse of T-Mobile
services,
1 How is the relationship between T-Mobile and the customer regulated? d. for technical or financial reasons justifying the rejection of the
- Legal bases order, or
1.1 The customer will conclude a framework contract on M2M mobile e. in the case of well-founded doubts about the customer's
communication services with T-Mobile ("Framework Contract"). On the creditworthiness.
basis of the Framework Contract the customer will conclude specific
M2M mobile communication contracts (also referred to as "M2M 2.5 Before accepting the customer's offer T-Mobile will check his
Connections") on the terms and conditions of the Framework Contract. creditworthiness through accepted and legally authorised undertakings,
The Framework Contract consists of the following parts: which are listed in Clause 14.4.

a. the customer's service request, 2.6 If T-Mobile has doubts about the customer's creditworthiness (e.g.
b. the special terms of use (only for additional services), because of a credit report), T-Mobile may make conclusion or
c. these GTC M2M, performance of the contract dependent on the proper establishment or
d. M2M Service Portal specifications. execution:

1.2 The terms agreed in the customer's service request constitute the basis a. of a direct debit order,
(the framework) for the contractual relationship. The terms and b. payment by credit card,
conditions agreed in the customer's service request shall apply to all c. appropriate security, or
connections (M2M Connections) which are activated during the term of d. an advance payment.
the Framework Contract on the basis of the same.
2.7 If T-Mobile accepts the customer's offer, T-Mobile will activate access to
1.3 M2M contracts shall be concluded exclusively with customers who are the M2M Service Portal for the customer or the first M2M Connection
entrepreneurs as defined in Section 1 of the Austrian Consumer not later than three business days after T-Mobile has received all
Protection Act [Konsumentenschutzgesetz/KSchG]. records/documents that are necessary for proper registration. In the
case of products that are agreed individually activation may take longer
1.4 If the customer has general terms and conditions of his own or the like, in specific cases.
application of the same shall expressly be excluded.
2.8 If use of the M2M Service Portal is included in the customer's Framework
1.5 Individual agreements must be made in writing (signature). Informal Contract, contracts on specific M2M Connections of the customer shall
statements of T-Mobile's employees (including by email) shall be exclusively be concluded electronically via the M2M Service Portal. The
ineffective. customer will receive access data (user name and password) for use of
the M2M Service Portal. The holder of such access data may change
2 Conclusion of contract: How is the contractual relationship between T- settings, order additional services or cancel services in the customer's
Mobile and the customer established? name.
2.1 The Framework Contract will commence as soon as the customer places
his order by means of a service request (offer) and T-Mobile provides 3 Notifications relevant to the contract
services to the customer (acceptance), e.g. by activating the M2M 3.1 The customer shall notify T-Mobile in writing as early as possible if and
Service Portal or the first SIM card. when his master data (as defined in Section 92(3) TKG 2003), his

T-Mobile Austria GmbH, Rennweg 97-99, 1030 Vienna 2

 contact data or credit data has changed: a. a public authority in or outside of Austria or any other
international authority has declared by means of a written
a. his name/the name of his business decision, which is either non-appealable or immediately
b. his academic degree, enforceable and the immediate enforceability of which could not
c. his address, even be removed in proceedings for provisional relief, that
d. his contact details (email address), continuation of the cooperation of the parties under the contract
e. his bank account or credit card details, is not admissible or is admissible only in part or could only be
f. his credit standing. continued at disproportionately high costs;

3.2 If the customer fails to notify T-Mobile of a change of (business) address, b. a public authority as described in paragraph (a) imposes
he shall bear the related risk. The same shall apply if the email address requirements for the cooperation and the parties are unable in
the customer advised to T-Mobile for the purpose of contractual negotiations to reach a consensus on an amendment to the
communication changes. As long as the customer has not informed T- contract that would serve the interests of both parties within one
Mobile, T-Mobile may continue to send all notifications, declarations of (1) month of notification of the requirements.
intention, bills, invoices, etc. to the address or email address most
recently advised by the customer to T-Mobile. 5.2 The customer shall be entitled to terminate the Framework Contract for
cause by giving two (2) weeks' notice as of the end of any calendar
4 Term of contract; Termination by notice month if
4.1 Unless agreed otherwise by and between T-Mobile and the customer in
the service request, the contract shall be concluded for an indefinite a. T-Mobile no longer possesses rights to use frequencies that are
period of time. necessary for the operation of the mobile communication network
and which are used for rendering the services under this contract,
4.2 T-Mobile may establish minimum terms of contract for the Framework
Contract or specific M2M Connections: they shall depend on the service b. T-Mobile violates material obligations under this contract and,
request. despite a written warning from the customer, fails to remedy the
violation within four (4) weeks of receipt of the warning,
4.3 The customer and T-Mobile may terminate the Framework Contract and
the specific M2M Connections by giving three (3) months' notice as of c. a modification of or change to T-Mobile's mobile communication
the last day of any month. The date of receipt of such notice of network leads to a situation where the services being the subject
termination shall be decisive for calculating the date at which the matter of the contract can no longer be rendered at all or not in
contract will terminate. full or where a failure of the mobile communication network
operation lasts for more than one (1) week.
4.4 The customer may terminate contracts with a minimum term by notice
not earlier than with effect as of the date at which the minimum term of 5.3 T-Mobile shall be entitled to terminate the Framework Contract for cause
contract ends. if

4.5 Notice of termination of the Framework Contract must be given in a. the customer violates material contractual obligations,
writing. If the customer gives notice of termination of a contract, the b. the customer fails to fulfil his payment obligation despite a
notice must be duly signed on behalf of his company. reminder and a two-week grace period including a warning that
his connection will be deactivated,
4.6 Specific M2M Connections (SIM cards) shall constitute separate c. the customer misuses the services or uses them to harass or harm
contracts. The Framework Contract and the connections may have others,
different minimum terms of contract. Termination of the Framework d. his company or partnership is liquidated.
Contract shall not affect the terms of the M2M mobile communication
contracts which have been concluded separately. However, M2M mobile 5.4 The above-stated grounds for termination do not exclude termination for
communication contracts concluded under the Framework Contract cause as defined by general civil-law principles on termination without
shall end automatically not later than 60 months after termination of the notice for cause.
Framework Contract with no notice of termination being required.
6 Consequences of termination of the Framework Contract
4.7 If the contractual relationship is terminated prior to the end of the agreed 6.1 The customer will no longer be allowed to order additional M2M SIM
minimum term of contract for reasons for which the customer is cards as of effectiveness of termination of the Framework Contract.
responsible, then T-Mobile shall be entitled to charge all basic charges However, the customer shall be allowed to continue to market the M2M
outstanding until the agreed minimum term of contract expires. SIM cards he has purchased to his customers until his stock of M2M
SIM cards is used up. However, it shall be deemed agreed that the
5 Termination for cause mobile communication services provided via the M2M SIM cards will be
5.1 The customer and T-Mobile shall be entitled to terminate the contract for terminated automatically not later than sixty (60) months after the
cause by giving two (2) weeks' notice as of the end of any calendar termination has become effective. The customer shall take this into
month if account accordingly when stipulating the term of contracts to be
concluded with his end customers.

T-Mobile Austria GmbH, Rennweg 97-99, 1030 Vienna 3

6.2 In the case of termination of the Framework Contract by T-Mobile for which its networks (2G and 3G) guarantee no optimum mobile
cause, any and all related M2M mobile communication contracts shall communication supply (National Roaming / NR). The customer will then
also end upon effectiveness of such termination. have the advantage of an overall improved mobile communications
supply. Third-party mobile communication networks may, however,
technically differ from T-Mobile's mobile communication networks.
Where T-Mobile has agreed on special technical services or features with
Part II: T-Mobile's services - what T- the customer, T-Mobile can only warrant functioning of the same within
its own network, and not in the case of NR. The customer shall not be
Mobile does for the customer entitled to any right from a modification/termination of an NR agreement
by T-Mobile.

7 Quality of services: 7.8 For the purpose of assuring the quality of voice and data services of T-
7.1 For details on the quality of T-Mobile's services the customer is asked to Mobile and for network planning T-Mobile will carry out regular
refer to his service request. There he can also find information about measurements of data traffic in its own network. T-Mobile will use the
restrictions, if any, of access to or use of services. Customers can find information about the status and the load of network elements and their
information on the current network coverage at connections gained in this way for capacity planning, to increase
magentabusiness.at/netz. Please bear in mind that the figures are reliability and to increase the stability and quality of its network and the
calculated averages (see immediately below). services based thereon. T-Mobile uses both active (mobile & stationary)
and passive monitoring systems, which basically provide the quality
7.2 Moreover, the quality of T-Mobile's services may depend on: parameters of signalling and data traffic necessary for analysis. In
passive measurement procedures the figures provided by the systems
a. the type of terminal equipment, themselves are used for analysis.
b. the type of network (e.g. UMTS, GSM),
c. the network load, 7.9 In active measurement procedures customer behaviour is simulated by
d. the selected price plan, or a measuring device or an automated terminal device (mobile phone,
e. the selected option, and data stick) on a stationary or mobile basis in the network. The figures
f. the conditions of the radio field (mountains, walls, trees, snowfall, thus gained from the systems show:
etc.).
a. the rate of connections not terminated by the customer (call
7.3 T-Mobile is not in a position to guarantee certain quality parameters. interruption rate),
However, within the technical possibilities T-Mobile warrants that it will b. the rate of successfully established connections (success rate),
use all efforts to provide the customer with the best possible availability c. the data throughput rate (maximum achievable bandwidths),
and reception quality. Once the regulatory authority has fixed the d. the round trip time (time during which data flows from the
parameters for service quality on the basis of Section 17 TKG 2003, T- customer through the network and back to the customer),
Mobile will, of course, provide its services at least in the prescribed e. alerts and/or system diagnoses (failure of individual system
quality. units, fire alerts, burglary alerts).

7.4 Unforeseeable or extraordinary circumstances (e.g. force majeure) or 7.10 The procedures themselves do not affect the quality of the services but
necessary or expedient technical measures (e.g. maintenance, work to constitute the basis for error identification and optimisation work up to
improve the network, to avoid network faults or due to official a complete exchange of defective systems. No content data is analysed
requirements) may lead to temporary faults and disruptions of T-Mobile's thereby. The systems of T-Mobile are monitored around the clock and
services. In any case T-Mobile shall endeavour to remedy such faults or on every day of the year (24/7). T-Mobile will be pleased to inform the
disruptions without culpable delay within a reasonable period of time. customer about improvements of the network performance or services
performance via the service line upon request; customers can find
7.5 T-Mobile assumes no responsibility for technical compatibility between general information on the quality of T-Mobile's services also on T-
M2M applications of third parties and the M2M mobile communication Mobile's website at magentabusiness.at/netz.
services of T-Mobile. In addition, T-Mobile assumes no warranty for
compatibility with terminal equipment which was not tested and 8 M2M Service Portal
approved by T-Mobile. In the service request T-Mobile may agree with the customer on the right to use
T-Mobile's M2M Service Portal. For more detailed provisions in this regard please
7.6 Outside of Austria T-Mobile will provide communication services with see Part IV.
the help of roaming partners. Network availability and network quality
depend on the relevant roaming partner and are beyond T-Mobile's 9 Emergency services
control. The list of current roaming partners can be retrieved at 9.1 Calls to emergency services, including the European emergency number
magentabusiness.at/roaming. 112, are free of charge.

7.7 National Roaming (NR): T-Mobile constantly works on improving the 9.2 When the customer makes an emergency call, emergency organisations
quality of its voice and data connections and on further condensing will be able to identify the position from where the customer made the
mobile communication supply. T-Mobile may do this also by allowing the call and what phone number he used.
customer to use third-party mobile communication networks in areas in

T-Mobile Austria GmbH, Rennweg 97-99, 1030 Vienna 4

9.3 In the case of price plans with no integrated voice service and in the 13 Use by application service providers
case of deactivation of the voice service in the M2M Service Portal no 13.1 Where the customer uses T-Mobile's mobile communication services as
connections to emergency services can be established. a pre-product within an M2M application solution which he provides to
his own customers, the following provisions shall apply in addition:
10 Special rules for M2M
10.1 The present M2M mobile communication services may only be used as 13.2 The customer shall be allowed to integrate the M2M mobile
part of an M2M system solution but not for general, open, personal communication services provided by T-Mobile into his own product
(private or business) communication services, such as text messages or (solution) for end customers, provided that the M2M mobile
voice telephony to any phone numbers or open internet access, not even communication services constitute no separate service as such. In doing
via a switching solution. Transmission of circuit switched data via the so, the customer refines our M2M mobile communication services into
voice channel, offers of services via the VoIP protocol (e.g. VoIP voice a new service and/or permanently integrates the M2M mobile
telephony) and personal messaging shall be no subject matter of the communication services into his own product/service so that the mobile
contract. Use of a mobile mailbox or value-added services shall be communication content (the M2M mobile communication services) can
excluded as well. no longer be seen to a relevant degree. In particular, those
products/services allow end customers no access to the free internet
10.2 Any violation of this provision shall be deemed misuse of the provided and no unlimited telephone services. The customer does not act as a
M2M SIM cards and shall entitle T-Mobile to block them promptly and to reseller of M2M mobile communication services of T-Mobile. The
immediately terminate the contract for cause. assignment of pure mobile communication services (connectivity) to
third parties for consideration or for no consideration shall be
10.3 Support of the customer by T-Mobile in compliance with the customer's inadmissible in any case.
regulatory obligations shall be no subject matter of this contract. This
shall include but not be limited to the portability of phone numbers in 13.3 In the contracts with his customers on M2M system solutions offered by
the case of M2M services, compliance with Regulation (EU) 531/2012 him the customer shall exclude reselling of telecommunication services.
(Roaming Regulation) and with the Austrian Regulation on the
Limitation of Costs [Kostenbeschränkungsverordnung], or the The customer shall be solely responsible for storing the master data of
preparation of itemised bills. his end customers for access by public authorities.

10.4 T-Mobile make no promises as to the extent to which legal requirements

or requirements under telecommunication law or regulatory
requirements in countries outside of Austria can be fulfilled on the basis Part III: Responsibility of the customer
of the M2M SIM cards provided by T-Mobile.
- what the customer has to observe
10.5 Should the customer use the M2M SIM cards abroad, he shall comply
with all specific regulations of the applicable national and international
telecommunication law and the customer undertakes to fully comply 14 SIM card / codes
with all statutory and regulatory obligations at all times. In the case of 14.1 SIM cards are the property of T-Mobile. T-Mobile may update SIM card
violations of such obligations the customer shall indemnify and hold settings at any time; in addition, T-Mobile may ask that they be returned
harmless T-Mobile. upon expiry of the contract or an agreement on an additional service
with the customer.
10.6 The customer and T-Mobile assume and agree that in a roaming case
the statutory duties regarding data retention and legal interception 14.2 The customer must protect his SIM cards against harmful influences or
measures applicable to the customer in the relevant country must be improper treatment; the customer shall keep them safe carefully and
complied with by the relevant "host network providers" on whose shall not leave them in places where there is a high risk of theft, e.g. in
networks T-Mobile's M2M SIM cards are roaming. a car.

11 Roaming 14.3 In the case of loss, theft or malfunction the customer shall deactivate the
11.1 Pursuant to Article 15 of Regulation 531/2012/EU of the European SIM card concerned in the M2M Service Portal immediately. The
Parliament and of the Council of 13 June 2012 on roaming on public customer shall be responsible for providing his customers with an option
mobile communication networks within the Union the transparency and to deactivate cards 24/7. In the case of non-compliance the customer
safeguard measures for regulated data roaming services shall be shall be liable vis-à-vis T-Mobile for any resulting damage and any profit
excluded in the case of M2M services. The parties assume and agree lost by T-Mobile in the form of the agreed charges.
that this exception applies to the M2M mobile communication services
being the subject matter of this contract. 14.4 If the customer informs T-Mobile about the loss or theft by phone, he
shall send T-Mobile written confirmation as well. The customer shall in
12 Porting of mobile phone numbers any case take note of the consequences resulting from a failure to notify
As telephone services are no subject matter of this M2M contract, porting of T-Mobile (Clause 14.3).
allocated phone numbers is excluded (Section 2 of the Austrian Regulation
governing the Porting of Phone Numbers [Nummernübertragungs- 14.5 The customer shall keep secret codes, such as the password, the user
verordnung/NÜV] 2012]). name and the PIN code, and shall keep them safe and in no case
together with the SIM card. The customer shall immediately change a

T-Mobile Austria GmbH, Rennweg 97-99, 1030 Vienna 5

 code for his own safety if he suspects that unauthorised third parties h. the customer deliberately does not inform T-Mobile of changes in
know the code. If only T-Mobile is able to change the code, the customer his master data,
shall immediately instruct T-Mobile to do so. The customer may store i. the customer's financial situation has provably deteriorated or is
codes on PCs, USB sticks or CD-ROMs only in encrypted form. threatening to deteriorate and T-Mobile has serious concerns that
there will be a payment default on the part of the customer,
14.6 If use of the M2M Service Portal has been agreed with the customer, he j. the services being the subject matter of this contract are used to
will be provided with access data (user name and password). The holder an unusually high degree: i.e. the current charges which are not
of such access data may change settings, order additional services or yet due are twice as high as the average monthly charges.
cancel services in the customer's name. This may have consequences
for the amount of the charges. 16.3 T-Mobile shall lift the suspension if and when the reason for the same
no longer exists.
14.7 The customer shall bear any and all disadvantages if
16.4 T-Mobile reserves the right to charge a reasonable fee in accordance
a. the customer or other persons misuse the customer's connection, with the service request for a suspension for which the customer is
or responsible.
b. T-Mobile suffers disadvantages due to improper storing or use for
which the customer is responsible. 16.5 The customer shall be responsible for informing his end customer of any
c. The customer shall be responsible for providing his customers and all risks and measures of suspension stated above.
with an option to deactivate cards 24/7.
17 Liability
The customer shall refrain from and, where possible, prevent any misuse 17.1 The customer and T-Mobile shall be mutually liable without limitation for
of T-Mobile's services, including but not limited to threatening or personal injury for which they are responsible.
harassing calls, texts, multimedia or fax messages (Section 78 TKG If T-Mobile is responsible for damage to property, T-Mobile shall
2003). reimburse the customer the expenses for restoration of the damaged
items up to an amount of EUR 72,000 per case. T-Mobile assumes no
15 Terminal equipment additional liability. In particular, T-Mobile shall therefore not be liable for
15.1 The customer may only use terminal equipment which
a. damages resulting from business interruption,
a. is approved by law and which b. lost profit,
b. does not interfere with the communication networks of T-Mobile or c. loss of information or data,
other communications networks.
unless this exclusion of liability is in conflict with mandatory statutory
If the customer uses a type of terminal equipment which was not provisions.
checked and approved by T-Mobile, T-Mobile will be unable to warrant
functionality of the services of T-Mobile. 17.2 The customer shall be liable for administrative tasks and manipulations
carried out by his administrator and shall indemnify and hold harmless
16 Misuse; Suspension T-Mobile in any case in which T-Mobile is held liable by third parties in
16.1 In the case of misuse of an M2M SIM card the customer shall this respect.
immediately deactivate the card in the M2M Service Portal. Misuse
means, in particular, use in violation of the special rules for M2M (see 17.3 Defective SIM cards will be replaced or the purchase price will be
Clause 10). refunded.
T-Mobile shall not be liable for the expenses necessary to replace
16.2 In addition, T-Mobile shall be entitled to refuse to provide services to the defective SIM cards.
customer in whole or in part (suspension) if
17.4 T-Mobile shall not be liable for events of force majeure which make the
a. the customer is late in paying his bills despite a reminder and a performance of its contractual services considerably more difficult for T-
warning that the service will be suspended, with which a grace Mobile or which temporarily impede or render impossible proper
period of two (2) weeks was granted, performance of the contract. Force majeure means any and all
b. T-Mobile has reason to fear that an M2M Connection is being circumstances which are independent of the will or influence of the
misused, parties, such as acts of God, government measures, official decisions,
c. there is a suspicion that laws (in particular criminal laws) are being blockades, war and other military conflicts, mobilisation, civil unrest,
violated by means of M2M Connections, terrorist attacks, strike, lock-out or other labour unrest, confiscation,
d. the customer fails to make an advance payment or to furnish embargo or other circumstances which are unforeseeable and severe
security, and happen without the parties’ fault and occur after conclusion of the
e. T-Mobile is under an obligation to suspend the service due to contract.
contracts with roaming partners or an order from a competent
public authority, 17.5 To the extent that one of the parties is hindered from fulfilling its
f. the customer violates material provisions of this contract, contractual obligations due to force majeure this shall be deemed no
g. the customer provides inaccurate or incomplete material data breach of contract and the periods or deadlines stipulated in or on the
regarding his person or his creditworthiness, basis of the contract shall be reasonably extended in accordance with

T-Mobile Austria GmbH, Rennweg 97-99, 1030 Vienna 6

 the duration of the hinderance. The same shall apply to situations in 20 Terms of payment
which T-Mobile depends on pre-performance by third parties and such 20.1 Unless otherwise agreed, charges shall be due for payment without
performance is delayed due to force majeure. deductions within fourteen (14) days of receipt of the bill. Monthly
charges and other recurring charges will be invoiced by T-Mobile on a
monthly basis in the case of readiness for operation.

Part IV: Special information about the 20.2 If the customer gives T-Mobile a SEPA direct debit mandate, T-Mobile
shall debit the amount due from the customer's account not earlier than
M2M Service Portal three (3) days after receipt of the bill and the SEPA pre-notification.

20.3 For late payment interest of 12% p. a. and at least 4% above the 3-month
18 M2M Service Portal EURIBOR shall be deemed agreed.
Under selected price plans T-Mobile provides the customer with access to
T-Mobile's online administration tool, the "M2M Service Portal" (see also the 20.4 T-Mobile will charge the customer late payment interest at the statutory
M2M Service Portal Specifications). Where T-Mobile has agreed use of the rate only if the customer has timely raised an objection to his bill in
M2M Service Portal with the customer in the service request, the following accordance with Clause 23.1 of these GTC and his objection was
terms and conditions shall apply: unjustified (Section 71(3) TKG 2003).

18.1 Contracts on specific M2M Connections shall be concluded by the 20.5 In the case of late payment the customer will be sent a reminder. For
customer exclusively electronically via the M2M Service Portal. The this T-Mobile shall charge the customer the necessary, expedient and
customer will receive access data (user name and password) for use of reasonable dunning costs incurred in accordance with the service
the M2M Service Portal. The holder of such access data or the user set request.
up by the customer may use the portal to change settings, order
additional services or cancel services in the customer's name. (See 20.6 The customer may only offset claims of his which have been ascertained
also Clause 2 and following) by the court or accepted against claims of T-Mobile.

18.2 The customer and the users set up by the customer shall be granted a 20.7 Any special benefits agreed by and between T-Mobile and the customer
non-exclusive right that is limited to the term of use and/or the term of in the contract (e.g. exemption from the basic charge, inclusive units,
contract to access the software functionalities of the M2M Service Portal bonuses) will not be refunded by T-Mobile in cash.
via the internet (server-based software). The customer shall be granted
no rights beyond the above. Thus, the right to use the M2M Service 21 What payment modalities are available to the customer? When and how
Portal will end upon termination of the last mobile communication can the customer change his current mode of payment?
contract that was concluded on the basis of this Framework Contract; 21.1 In principle, the customer may select from any of the following modes of
no separate notice of termination shall be required. payment:

18.3 The customer shall not be allowed to use the M2M Service Portal beyond a. a credit card accepted by T-Mobile,
the use permitted under this contract or to allow third parties to use or b. SEPA direct debit,
access the M2M Service Portal. In particular, reproducing or selling the c. electronic transfer (telebanking).
software or parts thereof is not allowed.
21.2 T-Mobile will be pleased to inform the customer about the available
18.4 The customer shall be liable for all breaches of duties by his users or modes of payment in the course of his registration. Any cost advantages
other third parties who breach duties within the customer's sphere of that may be available in connection with the mode of payment selected
control, unless the customer proves that he is not responsible for such by the customer can be seen from the service request. T-Mobile
breaches of duties. expressly reserves the right to allow only a restricted selection of
payment options for certain price plans.
18.5 The customer shall not be entitled to demand access to the premises of
T-Mobile on which the M2M Service Portal is technically operated. 21.3 All modes of payment listed above shall be accepted with debt-releasing
effect.
19 Data protection
Protecting customer data is a priority of T-Mobile. Customers can find 21.4 T-Mobile shall charge a processing fee in accordance with the General
detailed information on data protection at magenta.at/datenschutz. Terms and Conditions of Payment for every direct debit note that is not
honoured and for every returned direct debit note for which the customer
is responsible. This shall not apply where the direct debit was returned
in connection with a well-founded objection to the bill.
Part V: Terms of payment – all about
21.5 In the case of a returned direct debit T-Mobile may change the
money customer's mode of payment to payment by payment order form; for that
change T-Mobile will charge the customer a processing fee in
accordance with the General Terms and Conditions of Payment.

T-Mobile Austria GmbH, Rennweg 97-99, 1030 Vienna 7

21.6 T-Mobile shall fully pass on all charges of the customer's bank. 25 Final provisions
25.1 Austrian law shall apply; its conflict of laws rules and UN Sales Law shall
22 When is T-Mobile entitled to ask the customer for collateral security? be excluded.
22.1 T-Mobile may make provision of its services dependent on an advance
payment or the furnishing of a bank guarantee: 25.2 The exclusive place of jurisdiction for all disputes arising out of or in
connection with this contract shall be the court in 1030 Vienna having
a. in the case of late payment of accounts due by the customer jurisdiction over commercial matters.
despite reminders, threatening to suspend services and granting
of a grace period of two (2) weeks, 25.3 The customer may transfer or assign rights and duties under this
b. if his current charges which are not due yet are at least twice as contract to a third party only upon T-Mobile's prior written consent.
high as his average monthly charges, or
c. in the case of well-founded doubts of T-Mobile about the 25.4 Challenging this contract on account of the laesio enormis principle
customer's creditworthiness. [translator's note: under the laesio enormis doctrine an agreement may
be challenged based on the argument that the value of the item
22.2 T-Mobile shall refund the customer's security within four (4) weeks of the delivered is less than 50% of the consideration paid] shall be excluded.
due date of the final bill, after all outstanding accounts receivable have
been deducted. 25.5 If any provisions of these GTC M2M are or become ineffective, they shall
be re-interpreted and/or amended to the effect that the business
23 Where can the customer find reports on use (itemised bills)? purpose of the provision concerned will be achieved to the greatest
23.1 If the M2M Service Portal is part of the Framework Contract between T- extent possible. The validity of the remaining provisions shall not be
Mobile and the customer, the customer may view reports on use there affected thereby.
at any time himself.

23.2 At the customer's request T-Mobile will send a hard copy of the itemised
bill free of charge once every billing period.

24 Objections to bills
24.1 If the customer has objections to a bill, he may raise his objections in
writing vis-à-vis T-Mobile within three (3) months of receipt of the bill. If
objections are raised at a later point in time, T-Mobile shall no longer be
obliged to respond to the customer's objections.

24.2 However, the customer may still resort to a court or the Conciliation
Board of Rundfunk und Telekom Regulierungs-GmbH (RTR) (Section 71
TKG).

24.3 If the customer's objections have been received by T-Mobile in time (as
defined in Clause 23.1 GTC) but are unjustified in T-Mobile's opinion, T-
Mobile shall issue a statement to the customer to this effect. In that case
the customer may also resort to a court or the Conciliation Board of
Rundfunk und Telekom Regulierungs-GmbH (RTR) (Section 71 TKG).

24.4 If the customer's objection was unjustified, T-Mobile may charge him
statutory late payment interest from the due date stated on the bill. If the
customer's objection was justified and the customer had made a
payment already, he shall be entitled to statutory interest on the amount
paid in excess from the date of collection.

24.5 In the case of conciliation proceedings before Rundfunk und Telekom

Regulierungs-GmbH the due date of the amount in dispute shall be
deferred until the dispute is settled. The regulations of Section 71 TKG
2003 shall apply in any case.

Part VI: Final provisions - important

information on these GTC

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