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Terms & Conditions
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General Terms and Conditions of Service for ENUM

IPCom Gesellschaft für internetbasierte Kommunikationsdienste mbH (hereinafter referred to as IPCom)
Version 3.0, July 1st, 2005

 

These general terms and conditions apply to all ENUM services covered in this document and provided by IPCom for contracting parties, even in cases where these terms are not specifically mentioned. The current version of these terms and conditions applicable to contractual relationships with ENUM registrants can be retrieved at any time from www.my-enum.at/agb.

IPCom is the ENUM registrar for ENUM domains within the zone of Austria's ENUM top-level domain, 3.4.e164.arpa. All relevant information can be found at www.my-enum.at.

By using any ENUM service provided by IPCom, in particular by creating an account by means of IPCom's web-based form or via text message (SMS; Short Message Service), by registering an ENUM domain, by requesting a telephone number under Section 2.2.2, and by validating/revalidating a domain, the contracting party irrevocably accepts the terms and conditions set forth in this document.

These terms and conditions are subject to change by IPCom at any time; such changes will also apply to previously existing contractual relationships. The current version of these terms and conditions can be retrieved from the IPCom web site and will be sent to the e-mail address indicated by the registrant before each new version goes into effect. Changes in these terms and conditions shall be permissible if the change is considered reasonable vis-à-vis the consumer, in particular because it is objectively justified. Should the change not exclusively favor the consumer, s/he can make use of the right to cancel the contract under Section 3.11.1.

1. Definitions and description of services

1.1 Definitions

  • ENUM = ENUM is a protocol which is defined in the IETF's RFC 3761 document and makes it possible to associate telephone numbers with (ENUM) domain names using the Domain Name System (DNS). Therefore, this technology also enables convergent services which unite "classic" public switched telephone networks (PSTNs) and the IP-based Internet using telephone numbers. The top-level domain defined for ENUM is e164.arpa.´
  • ENUM domain = Association of a telephone number in the format specified in ITU Recommendation E.164 with a domain according to RFC 3761 (e.g. 9.8.7.6.5.4.3.2.1.3.4.e164.arpa).
  • Numbers for convergent services (780 range): Telephone numbers in the 780 range are intended for communications services which, for the purpose of addressing, use the telephone number as well as the information which is contained in the respective telephone number's ENUM domain and ensures interoperability between subscribers in public switched telephone networks and subscribers in public IP networks with telephone numbers in the 780 range (§§ 61 ff of the Austrian Communications Parameters, Fees and Value-Added Service Ordinance, or KEM-V).
  • enum.at = enum.at Dienstleistungs GmbH für konvergente Kommunikationsdienste, Austrian Company Register No. 244986: the organization responsible for operating Austria's ENUM domain 3.4.e164.arpa under the provisions of an agreement with RTR.
  • ENUM registrar = The person or organization from which a registrant must request the delegation of an ENUM domain and which carries out this function on the basis of an appropriate agreement with enum.at (in this agreement: IPCom).
  • Registrant = A person who applies for the setup, update or deletion of an ENUM domain delegation (by a registrar; in this agreement: IPCom).
  • Authorized subscriber = The person who is authorized to use a specific telephone number.
  • Authorized communications service provider = The communications service provider who is officially authorized to use the telephone number corresponding to an ENUM domain or to which this authorization is assigned by means of a number transfer under § 23 in conjunction with § 65 Par. 5 of the Austrian Telecommunications Act (TKG) 2003.
  • Delegation = Assignment of an ENUM domain to a registrar in the registry database.
  • Suspension of a delegation = The temporary deactivation of an existing ENUM domain delegation.
  • Service period = The service period for ENUM domains is defined as a period of one month beginning on the date on which the ENUM domain is delegated at IPCom. The service period shall then be extended for one additional month at a time (e.g., delegation on March 4, 1st service period until April 3, 2nd service period from April 4 to May 3).
  • Validation = The process of ensuring that the setup, change or deletion of an ENUM domain delegation corresponding to an ENUM-compliant national telephone number is only carried out or maintained (initial validation / revalidation) for a registrant in cases where that person has the authorization to use the respective national telephone number.
  • NAPTR record = (Naming Authority Pointer Resource record): An entry in the Domain Name System (DNS) which contains rules for the conversion of queries. For ENUM resolution, this means that a request for an ENUM domain is answered with a URI (Uniform Resource Identifier) according to the specified rules. This URI supplies the source address and the protocol for further communication.

1.2 IPCom services

1.2.1 ENUM domain

As the ENUM registrar, IPCom shall enable the registration of ENUM domains for the registrant with enum.at, the authority responsible for delegating ENUM domains under .3.4.e164.arpa.

1.2.2 Communications service

1.2.2.1 Communications services offered

IPCom offers its subscribers passive availability for voice and fax services from the PSTN; for voice communication via the Internet, the subscriber will need to use an additional third-party VoIP service. For this purpose, IPCom assigns numbers in the 0780 range to its customers.

1.2.2.2 Technical implementation

The gateway which ensures interoperability between the PSTN and the Internet is not operated by IPCom but by Telekom Austria AG, with which the corresponding cooperation agreement was concluded. IPCom itself does not provide SIP service; the customer is free to configure any service for this purpose.

1.2.2.3 Administration of ENUM domains

The ENUM domain delegation required in order to use a number in the 780 range is handled by IPCom in its function as the ENUM registrar. In addition, IPCom also offers a name server on which the NAPTR records for an ENUM domain can be hosted. However, customers also have the choice of using their own name servers. The content of the NAPTR records - and thus the communication services associated with the ENUM domain - can be defined by the owner of the 780-range number as desired.

2. General information

2.1 Creating an account

Before using the services of IPCom, clients are required to set up a user account. This can be done directly on the www.my-enum.at web site or, for certain number ranges explicitly indicated on the web site, by value-added text message (SMS). In order to create such an account, a user name and password are required, both of which are to be kept strictly confidential.

In cases of suspected misuse of IPCom's services, IPCom reserves the right to refuse the setup of an account or to block an account.

2.2 Obtaining an ENUM domain and 780-range telephone number

2.2.1 Obtaining an ENUM domain under the top-level domain "3.4.e164.arpa"

In order to obtain (i.e., to be delegated) an ENUM domain, which is unique throughout the Internet worldwide, it is necessary to register the ENUM domain (by means of an entry in the ENUM domain database). The authorization to use an ENUM domain is inextricably linked to the authorization to use the corresponding ENUM-compliant E.164 telephone number.

ENUM domain registrations can only be performed for the respective telephone number. Individual delegations are not possible for extensions in private branch exchanges; in such cases, the domain is to be delegated for the main telephone number assigned (e.g., +43662123456).

2.2.1.1 ENUM domains under Section 2.3.1

The party authorized to use the telephone number under Section 2.3.1 shall have the right to decide independently whether the corresponding ENUM domain is delegated or not. Registrations must not be carried out without the express consent of the subscriber authorized to use the corresponding telephone number. One exception to this rule is the delegation of an ENUM domain by the communications service provider which is authorized to use the corresponding telephone number by official decision or by way of number porting.

2.2.1.2 ENUM domains under Section 2.3.2

In contrast to the number ranges indicated in Section 2.3.1, ENUM domain delegations in these number ranges are not based on an existing telephone number; in these cases, the ENUM domain is the precondition for the assignment of the corresponding telephone number. Therefore, the corresponding telephone number is assigned after registration of a free ENUM domain, and verification of the ENUM domain delegation forms the basis for the assignment of the telephone number at RTR. For this reason, the registration of an ENUM domain in accordance with Section 2.3.2 automatically entails a request for the corresponding 780-range telephone number.

With regard to ENUM domains for telephone numbers under Section 2.3.2, the applicant shall not have the right to be assigned a certain ENUM domain. With the exception of the reasons for refusal mentioned in these terms and conditions, applicants shall only have the right to the assignment of a unique ENUM domain name.

2.2.2 Obtaining a 780-range telephone number

The prerequisite for obtaining a 780-range telephone number is the registration of the ENUM domain corresponding to that telephone number.

2.3 Supported number ranges

The Austrian numbering plan, which is defined by RTR in the Communication Parameters, Fees and Value-Added Services Ordinance (KEM-V), serves as the basis for the number ranges supported in ENUM and is available as a download at www.rtr.at/kem-v .

ENUM domains can be assigned via IPCom within the number ranges listed at www.my-enum.at.

The following number ranges which are permitted for ENUM domains are differentiated:

2.3.1 Number ranges for which the authorization to use an ENUM domain can be derived from the authorization to use the corresponding ENUM-compliant E.164 telephone number.

2.3.2 Number ranges for which the delegation of the ENUM domain is the basis for the assignment of the corresponding telephone number (e.g. 780-range telephone numbers under §§ 61 ff KEM-V).

2.4 Fundamentals of telephone number allocation

The authorization to use a telephone number also comprises all derived identities for services in connection with the integrity of the numbering space (§ 9 Par. 5 KEM-V).

According to the explanatory remarks on § 9 Par. 5 KEM-V, maintaining the integrity of the numbering space involves ensuring that the authorized subscriber has the exclusive right to use all communications services associated with a telephone number. For example, this means that once the right to use a telephone number lapses (e.g., due to cancellation of the contract), the right to use the identities derived from the telephone number is also rendered invalid, as otherwise (for example in the case of ENUM) the integrity of the numbering space would be compromised.

2.5 ENUM domain registrant

The registrant is to enter the information necessary for the respective number range as specified in the web-based form completely and accurately. In particular, it is important to provide a functioning e-mail address. The information required of the registrant may vary for different number ranges. The registrant expressly agrees to the fact that the data to be provided may change in the course of the ongoing contractual relationship. The ENUM domain holder is to keep the data s/he is required to provide, especially the e-mail address, up to date at all times.

IPCom explicitly points out that obtaining as much data as possible on the registrant supports identification for internal purposes and reduces the danger of ENUM domain revocation under Section 3.11.2 accordingly.

Messages from IPCom, especially informational and contract-related messages, shall be considered delivered once sent to the last contact address provided (especially the e-mail address).

The registrant shall explicitly acknowledge the fact that s/he may be contacted by IPCom or enum.at at any time, for example by telephone, fax, e-mail or text message (SMS), in particular for the purpose of initial validation, revalidation, or other requirements. In such cases, the registrant shall be obliged to cooperate, especially by providing and submitting any necessary documentation or data without delay.

2.6 Contracting parties

In all cases, registrants are to have ENUM domain delegations carried out by a registrar. IPCom shall act as a registrar for ENUM domains and as a communications service provider for 780-range telephone numbers; these functions can not be separated for ENUM domains under Section 2.3.2 (cf. Section 3.5).

The delegation of an ENUM domain brings about a contractual agreement between IPCom and the registrant and between IPCom and enum.at, but not between enum.at and the registrant.

In order for a 780-range telephone number to be assigned, the telephone number must be assigned by RTR by means of an official decision or ported to IPCom in its capacity as a communications services provider.

2.7 Data processing

All data indicated in the order and arising from the ensuing business relationship will be processed by IPCom for the purposes of administration and account settlement.

The registrant shall consent to the transfer of personal data necessary for the provision or termination of the service or for the settlement of disputes (cf. Section 4) from IPCom to enum.at and from enum.at to IPCom. The client furthermore explicitly agrees to the fact that as the authority delegating ENUM domains, enum.at will provide a publicly accessible database in which the delegation of an ENUM domain as well as IPCom's responsibility can be viewed. The registrant's data will not be published by enum.at in this database.

The registrant also explicitly agrees that all data on the registrant available at IPCom may be conveyed to the Austrian Regulatory Authority for Broadcasting and Telecommunications (RTR) at RTR's request.

The provisions set forth under Section 2.7 shall remain in force even after termination of the contractual relationship, regardless of the reasons for termination.

2.8 Submission of declarations of intent

Both contracting parties acknowledge that the submission of declarations of intent by e-mail, text message (SMS) or web-based forms is usual and necessary in light of the service desired by the client, and are aware of the risks associated with such submissions.

2.9 General prerequisites and conditions

By requesting the delegation of an ENUM domain under Section 2.3.1, the client declares that s/he is the subscriber authorized to use the telephone number corresponding to that domain.

The client undertakes to indemnify IPCom in cases where claims are asserted by third parties whose rights are violated if the ENUM domain delegation requested by the client is found to be the reason behind such violations.

All registrations by IPCom will be carried out in good faith regarding the lawfulness of the client's claim. The client undertakes to observe the relevant provisions under Austrian law. No further rights can be derived from IPCom's delegation of the ENUM domain or assignment of a 780-range telephone number, nor can protection in favor of third parties be derived from the contractual relationship with IPCom.

3. Administrative Process

3.1 Prerequisites for using the services

In order to use the services of IPCom, registrants are first required to deposit a sufficient credit balance in their accounts. This is to done by credit card payment or by the transmission of a value-added text message (SMS) as described on the web site at www.my-enum.at.

3.2 Invoicing

Once the credit mentioned above has been posted to the account, an invoice in the amount of the payment will be made available to the registrant via his/her account. The registrant expressly consents to this electronic invoicing process.

3.3 Prices

The current prices for specific services (e.g., delegation, validation, revalidation, number administration under Section 2.2.2) are published at www.my-enum.at and will be subtracted from the client's credit balance immediately when services are used. Objections to the amounts debited are to be submitted in writing (by e-mail or conventional mail) within 30 days, otherwise the debit shall be considered accepted. If the transaction is a consumer transaction as defined under the Austrian Consumer Protection Act (KSchG), IPCom will inform the consumer of the legal consequences in a suitable manner.

Should the available credit balance no longer be sufficient to cover the fees charged, the ENUM domain(s) or the telephone number under Section 2.2.2 may be revoked (cf. Section 3.11.2).

Offsetting IPCom's claims against unpaid receivables from IPCom and withholding payment due to alleged defects not recognized as such by IPCom shall not be permitted, except in the case of consumer transactions as defined in the Austrian Consumer Protection Act (KSchG). In the case of price increases which IPCom announces to the registrant by e-mail, the registrant shall have the right to cancel the contract at any time up to and including the last day before the price increase takes effect.

3.4 ENUM domain registration requests

3.4.1 Submission of requests to IPCom

Requests for ENUM domains shall be submitted using the web-based electronic form provided by IPCom at www.my-enum.at within the functions of the client's account or via text message (SMS) immediately upon creation of the account. Incoming requests will be processed by IPCom in the order in which they are received.

A request will be considered submitted when it is received by IPCom without any errors in form or content. In any case, the request can only be processed if the client completely and accurately submits all information required for the respective number range as specified in the web-based form, and if the desired ENUM domain meets the requirements specified in these terms and conditions.

3.4.1.1 Requests for ENUM domains under Section 2.3.1

In order for a client to request the delegation of an ENUM domain under Section 2.3.1, the domain must not be delegated at the time the request is submitted to enum.at and the client must be able to provide evidence of his/her authorization to use the corresponding telephone number. This is to be verified in the course of validation (pursuant to Section 3.6).

3.4.1.2 Requests for ENUM domains under Section 2.3.2

Requests for ENUM domain delegation under Section 2.3.2 require that the domain has not been delegated at the time the request is submitted to enum.at and that no valid previous request for the domain has been received by enum.at. An ENUM domain is considered not delegated when the ENUM domain is still available and the corresponding telephone number has not been assigned by RTR. Validation is not necessary at the time the request is submitted.

The number corresponding to the registered ENUM domain will be set up within 24 hours of the ENUM domain delegation.

3.4.2 Registering the ENUM domain with enum.at

If the prerequisites for successful ENUM domain delegation are fulfilled, IPCom will convey the request to enum.at. If this request is received by enum.at and no other request for the domain is currently being processed, the domain can be delegated to IPCom.

Third-party claims against IPCom due to the delegation of an ENUM domain based on an incorrectly submitted request shall not be permitted.

3.4.3 Assignment of telephone numbers by RTR

Once a domain has been delegated by enum.at as described under Section 3.4.1.2, IPCom will automatically request the assignment of the 780-range telephone number from RTR. If all prerequisites are fulfilled, RTR will convey the telephone number to IPCom by means of an official decision.

3.5 ENUM domain transfer / number porting

Domain transfers refer to cases in which an ENUM domain is switched from another registrar to IPCom. In such cases, the registrant must already have set up an IPCom account with a sufficient credit balance (cf. Section 3.1). In the course of this domain transfer, IPCom will carry out a new validation procedure. In cases where a domain under Section 2.3.2 is transferred, IPCom will automatically arrange for the porting of the 780-range telephone number at the same time (cf. Section 2.6).

In cases where an ENUM domain under Section 2.3.2 is transferred from IPCom to another registrar, the 780-range telephone number must also be ported to another communications service provider at the same time. Otherwise, IPCom can have the 780-range number blocked by suspending the ENUM domain delegation (cf. Section 3.10), as the prerequisites under Section 2.6 are no longer fulfilled; IPCom can also return the number to RTR in accordance with Section 3.11.2.

In cases where a 780-range telephone number under Section 2.2.2 is ported from IPCom to another communications service provider, then the corresponding ENUM domain must also be transferred to another registrar at the same time. Otherwise, IPCom can have the ENUM domain delegation suspended (cf. Section 3.10), as the prerequisites under Section 2.6 are no longer fulfilled.

3.6 Validation and revalidation

The purpose of ENUM domain validation is to ensure that the setup, change or deletion of an ENUM domain delegation corresponding to an ENUM-compliant national telephone number is only carried out or maintained (initial validation / revalidation) for a person (registrant) in cases where that person has the authorization to use the respective national telephone number. For individual number ranges, validation procedures may vary and validations may be subject to different validity periods. The validity period for each type of validation can be retrieved at www.my-enum.at. Validation is carried out by IPCom as the validation entity approved by enum.at.

If validation is unsuccessful, the request for ENUM domain delegation can not be fulfilled.

Revalidation, that is, the review of information previously used for validation, will be carried out by IPCom at the registrant's request before a current validation expires. Revalidation will also be performed when there is reason to assume that the bases for validation have changed. The costs of validation or revalidation are to be borne by the registrant. If the credit balance in the registrant's account is not sufficient to cover the costs of validation, revalidation will not be performed.

The current validity period of the validation is always calculated from the time of successful revalidation, not from the time at which the previous validation expired.

If revalidation is unsuccessful, the ENUM domain delegation may be revoked once the last successful validation expires (cf. Section 3.11.2).

3.7 Name service and NAPTR record

In connection with the ENUM domain, IPCom will also provide the necessary name service and hosting service for the required NAPTR records. However, the registrant can also provide these services him/herself or have them provided by a third party. The registrant shall have the right to decide independently which data (within the possibilities of ENUM) is entered in his/her NAPTR records, that is, information will only be included in the NAPTR record at the registrant's specific request. The registrant assumes exclusive responsibility for entries in NAPTR records; IPCom assumes no liability in this regard.

3.8 Notification of changes

Changes in request-related data on the registrant are to be reported to IPCom immediately by means of user account functions. In the case of changes, the registrant may be required to submit a confirmation for revalidation by IPCom. The holder of an ENUM domain shall be held liable for the accuracy of information provided.

The registrant is to report the lapse of his/her authorization to use the telephone number corresponding to an ENUM domain to IPCom immediately. The registrant shall be held liable for any and all damage resulting from not reporting changes of data relevant to the ENUM domain delegation or from any lapse of his/her authorization to use the corresponding telephone number. Should a registrant fail to meet this obligation to report once his/her authorization to use the telephone number corresponding to an ENUM domain lapses and then receive (unauthorized) communications via that ENUM domain, the registrant shall be obliged to keep such communications strictly confidential. In addition, such circumstances are to be reported to IPCom within two business days.

3.9 Duration of the contract

The contract shall become effective once an account has been set up on IPCom's web site or once a value-added text message (SMS) has been sent (§ 864 of the Austrian General Civil Code, ABGB). The contract shall be concluded for an indefinite period with regard to the account, ENUM domain delegations, and conferral of the authorization to use a telephone number under Section 2.2.2.

3.10 Suspension of an ENUM domain delegation or blocking of the 780-range telephone number

Especially in cases where there is suspicion of a false or unauthorized ENUM domain delegation, the ENUM domain (cf. Par. 2) may be suspended and the 780-range telephone number blocked (cf. Par. 3), meaning that it will not function for the duration of the suspension/block. IPCom will inform the registrant of the reason for the suspension or block.

In particular, an ENUM domain may be suspended for one of the following reasons:

  • Objections raised by the subscriber authorized to use the telephone number when an ENUM domain is delegated to an unauthorized third party or to the authorized communications service provider (cf. Section 4); in such cases, the suspension will remain in effect until the respective authorization is verified conclusively.
  • The 780-range telephone number corresponding to the ENUM domain is ported to another communications service provider (cf. Section 3.5)
    " Instructions from RTR or enum.at; in such cases, the duration of the suspension will be determined by RTR or enum.at.

An ENUM domain may also be suspended in cases where there are justified suspicions that IPCom's services are misused.

In particular, a 780-range telephone number may be blocked (by means of ENUM domain suspension) for the following reasons:

  • The ENUM domain corresponding to the 780-range telephone number is transferred to another registrar (cf. Section 3.5), unless it is ported at the same time.

3.11 Cancellation and rescission of the contract

Notices of cancellation and revocation pursuant to the section below shall be conveyed by IPCom to the registrant within the functions of his/her account or via e-mail or text message (SMS) to the last contact address indicated by the registrant.

3.11.1 Cancellation of an ENUM domain delegation by the registrant

ENUM domain delegations can be canceled at any time with immediate effect; however, such cancellations must be submitted at least three days before the beginning of the next service period by means of a message sent via the registrant's account. The cancellation of an ENUM domain in accordance with Section 2.3.2 automatically results in the revocation of the corresponding 780-range telephone number. Cancellation is required in all cases where the registrant is no longer authorized to use the corresponding telephone number (cf. Section 3.8, 2nd paragraph).

The registrant's payment obligations for the service period (or any part thereof) and any other individual services rendered (especially validation or revalidation) shall remain unaffected by termination.

If the contract is concluded by means of an electronic request and more than seven days pass between the order and delegation, consumers shall have the right to withdraw from the contract with IPCom within seven business days (excluding Saturdays) from the time of ENUM domain delegation. The consumer shall have the right to withdraw from the contract within seven days after receiving information in accordance with § 5 of the Austrian Consumer Protection Act (KSchG); if the consumer does not receive this information, the right of withdrawal shall be extended to three months after delegation of the ENUM domain.

3.11.2 Cancellation and revocation of an ENUM domain delegation by IPCom

IPCom shall have the right to cancel ENUM domains as well as the corresponding 780-range telephone numbers (in the case of ENUM domains under Section 2.3.2) with a notice period of three months. Furthermore, an ENUM domain delegation can be revoked by IPCom with immediate effect for important reasons, especially the circumstances listed below:

  • Lack of authorization to use the telephone number corresponding to the ENUM domain
  • Lapse of the telephone number corresponding to the ENUM domain
  • A justified objection raised by the subscriber authorized to use the corresponding telephone number
  • Positive validation by third parties
  • Incurred costs not covered by the credit balance in the registrant's account
  • Expiration of a validation or failure in revalidation
  • Inaccurate, incomplete or false data provided by the ENUM registrant
  • Legally binding decisions of a court, instructions from a competent authority (especially RTR) or instructions from enum.at
  • Discontinuation of the entire ENUM service by enum.at or RTR
  • Discontinuation of the contract with the gateway operator for 780-range telephone numbers
  • Misuse of IPCom's services or misuse of the services vis-à-vis third parties.

The revocation of an ENUM domain in accordance with Section 2.3.2 automatically results in the revocation of the corresponding 780-range telephone number. In such cases, IPCom shall have the right to return this telephone number to RTR.

Should enum.at receive notification that the registrant has switched registrars and the ENUM domain is no longer administered by IPCom, IPCom shall be obliged to cancel the contract with the respective registrant for that ENUM domain with immediate effect. In the case of an ENUM domain transfer under Section 2.3.2 to another registrar without simultaneous porting of the corresponding 780-range number, IPCom shall also have the right to revoke the 780-range number and to return it to RTR.

The registrant's payment obligations for the service period (or any part thereof) and any other individual services rendered (especially validation or revalidation) shall remain unaffected by termination.

3.11.3 Consequences of cancellation or revocation of an ENUM domain

The registrant's account will still be maintained in cases where one, several or all of the delegations assigned to the account are canceled or revoked. The unpaid claims of IPCom which were due at the time of the cancellation or revocation shall remain enforceable.

3.11.4 Cancellation of accounts by registrants

An account can only be canceled in cases where no ENUM domains are delegated to the registrant. Such cancellations can be submitted directly within the functions of the account with immediate effect at any time as long as the other prerequisites are met.

3.11.5 Cancellation of registrant accounts by IPCom

IPCom can cancel a registrant's account with due adherence to a one-month notice period in cases where no further ENUM domains are administered with the account. Furthermore, IPCom can cancel an account with immediate effect in cases where the credit balance available in the account amounts to less than one euro (EUR 1) and no active delegations have existed in connection with the account in the last year.

3.11.6 Consequences of contract rescission after account cancellation

Once the account has been canceled, any remaining credit balance on the account will be transferred back to the bank account to be indicated by the registrant. IPCom shall have the right to offset unpaid claims using the registrant's credit balance. Before refunding the credit balance, IPCom shall also have the right to deduct any and all costs incurred by credit card transactions or bank transfers, especially bank charges. 

For technical reasons, credit amounts paid exclusively by means of text message (SMS) can not be transferred back to the registrant's bank account.

4. Procedure for objections and erroneous delegations

The registrant expressly agrees that in cases of dispute IPCom and enum.at will be allowed to forward data stored in connection with the ENUM domain (e.g., names, postal addresses and telephone numbers) to persons who provide evidence of claims to the ENUM domain or of a violation of their rights.

4.1 Existing delegations by an authorized communications service provider

If an ENUM domain is delegated to an authorized communications service provider (cf. Section 2.2.1.1) and the party authorized to use the telephone number no longer wishes to maintain the delegation, the registrant can arrange for the immediate transfer of the rights to the ENUM domain. In such cases, the preferences of the subscriber authorized to use the telephone number will be accorded priority over those of the authorized communications service provider.

4.2 Existing delegations by a third party

In cases where an ENUM domain corresponding to a telephone number is used unbeknownst to the subscriber authorized to use the respective telephone number, the subscriber shall have the right to raise an objection at any time if s/he did not expressly consent to the delegation. The subscriber can submit a complaint to enum.at for this purpose.
In cases where the complainant provides indisputable evidence of his/her authorization to use the telephone number, the domain delegation will be deleted. In cases where the authorization can not be verified conclusively, the domain delegation will be suspended.

5. Liability and miscellaneous provisions

5.1 Limitation of liability

IPCom shall not be held liable for damage resulting from negligent actions on the part of IPCom or its auxiliaries (with the exception of personal damage). Liability for grossly negligent actions or premeditated actions (except vis-à-vis consumers) shall be limited in each case to ten times the fee charged for IPCom's services in connection with the respective domain in the twelve months prior to the occurrence of the damage. IPCom shall assume no liability for lost or expected profits, lost savings, etc. (except vis-à-vis consumers) under any circumstances.

IPCom assumes no responsibility for the content of communications using the services offered. Moreover, IPCom assumes no liability for damage resulting from the improper storage or conveyance of the user name and password (Section 2.1) by the registrant, nor for the registrant's entries in NAPTR records.

IPCom shall not be held liable for damage caused to third parties by the registration or use of an ENUM domain by the registrant. In this regard, the registrant explicitly agrees that in justified cases all registrant data available at IPCom may be conveyed to this third person. This provision shall remain in force even after termination of the contractual relationship, regardless of the reasons for termination.

Any and all legal guarantee claims shall remain unaffected.

5.2 Maintenance

Inquiries and problem reports can be sent to IPCom at any time by writing to office@my-enum.at and will be processed as quickly as possible during IPCom's hours of business.

5.3 Applicable law and jurisdiction

The contractual relationship between IPCom and the ENUM domain holder shall be governed by Austrian law. Any and all disputes arising from the contractual relationship shall be subject to the jurisdiction of the Vienna Commercial Court (Handelsgericht Wien) or, in district court proceedings, the District Commercial Court for Vienna (Bezirksgericht für Handelssachen Wien). In cases where the contractual relationship is a consumer transaction as specified in the Austrian Consumer Protection Act (KSchG), the consumer's general place of jurisdiction shall apply.

5.4 Dispute resolution procedure pursuant to § 122 TKG

Notwithstanding the jurisdiction of the competent courts, users, operators/providers of communications networks or services and interest groups can present disputes or complaints to the regulatory authority, especially:
1. regarding the quality of service and in the case of payment disputes between a customer and an operator which can not be resolved in a satisfactory manner, or
2. regarding an alleged violation of the Austrian Telecommunications Act (TKG),
Operators are required to take part in such procedures, to provide all information necessary for an assessment of the situation, and to provide any documentation required. The regulatory authority's duty is to negotiate an amicable solution or communicate its opinion on the case in question to the parties.

The regulatory authority has defined guidelines for the execution of the procedure provided for in the first paragraph. More information can be found at www.rtr.at .

5.5 Severability clause

Should one or more of the provisions in this agreement be ineffective, invalid or overturned, the validity of the remaining provisions shall not be affected. The invalid, ineffective or overturned clause will then be replaced by a clause which most closely reflects the economic intentions of the parties to the agreement.

Version: July 1st, 2005

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