General Terms and Conditions for Private Customers
General Terms and Conditions of NYNEX satellite OHG
English translation for convenience. The legally binding version is the German original at fiberone.de.
The following General Terms and Conditions apply to the services that NYNEX satellite OHG, registered in the commercial register of Darmstadt (HRA 84829), with its registered office and address at Robert-Bosch-Straße 20, 64293 Darmstadt, represented by the managing partners Andreas Buxbaum and Gunter Frank, provides to end customers (hereinafter “Customer”) in accordance with the applicable statutory provisions. The subject of the contractual relationship is in particular the provision of telecommunications services by NYNEX satellite OHG under the fiberONE brand.
These General Terms and Conditions (hereinafter “GTC”) apply exclusively; conflicting terms of the Customer or terms deviating from these GTC are not recognised unless NYNEX satellite OHG has expressly agreed to their validity in text form.
The contract is concluded when NYNEX satellite OHG accepts the Customer’s order. Acceptance takes place upon receipt of a written or electronic confirmation (e.g. by email or in the customer portal). Before submitting their contractual declaration, consumers are provided with a clear and easily understandable contract summary pursuant to Section 54 (3) TKG.
Services covered by the contract are voice telephony (VoIP), telecommunications services, value-added services, cable TV (via fibre), internet and data services, as well as the building connection for connecting the Customer (hereinafter “Services”). Additional plan options (e.g. home office) are governed by the special conditions in Section 4A. Current plan information can be viewed in the customer portal (portal.fiberone.de).
NYNEX satellite OHG’s Services are provided exclusively on the basis of the concluded contract, these GTC, the special terms and conditions, the service descriptions, the product information sheets and the associated price lists.
Performance of the contract is significantly influenced by the regulatory framework set by the Telecommunications Act (TKG) as amended, the ordinances issued thereunder, the EU Gigabit Infrastructure Regulation (Regulation (EU) 2024/1309), the interconnection agreements in force with other network operators, and the decisions of the Federal Network Agency (BNetzA) in the telecommunications sector. The parties agree that performance of the contract depends substantially on this framework and that the risk of changes is not to be borne unilaterally by NYNEX satellite OHG.
The Telecommunications Act also applies even if it is not expressly referred to in the following conditions.
NYNEX satellite OHG reserves the right to make conclusion of the contract dependent on the consent of the owner of the in-house network and to terminate the contract with the Customer extraordinarily if a granted permission is subsequently withdrawn or it turns out that no permission existed.
NYNEX satellite OHG is entitled to make conclusion of the contract dependent on a check of whether the Customer can be connected to the broadband network to an extent that is economically acceptable for NYNEX satellite OHG, taking local conditions into account.
Deviating provisions of the special terms and conditions or the service description take precedence over these GTC.
Only natural persons can be contract holders. Booking by legal entities (e.g. GmbH, UG, GbR) is not possible for private-customer plans.
Exception for home-office plans: When booking a fiberONE home-office plan, legal entities may also be entered as contract holder and invoice recipient. In this case, the home-office plan applies in accordance with the special conditions in Section 4A.
The contract holder must have reached the age of 18.
The Customer is obliged to provide truthful information and to notify changes (in particular name, address, bank details) without delay.
Non-transferability: The contract is personal and cannot be transferred to another natural or legal person. A change of contract holder is not possible; in this case the existing contract must be terminated and a new contract concluded by the desired contract holder.
If the charges payable by NYNEX satellite OHG for special network access, for network interconnection or for services with other providers of telecommunications networks to which NYNEX satellite OHG grants the Customer access change, NYNEX satellite OHG may adjust the charges contractually owed by the Customer accordingly at its reasonable discretion. Reasonable discretion is to be exercised such that NYNEX satellite OHG only offsets the changes without obtaining any further advantage. A right of amendment at reasonable discretion also arises to adapt the contractual relationship to mandatory requirements of the TKG and the ordinances issued thereunder (including the EU Gigabit Infrastructure Regulation) as well as to administrative or court decisions.
NYNEX satellite OHG is entitled to pass on any future statutory change in VAT to the Customer by declaration in text form.
Notification of contract changes: The Customer will be informed of contract changes under sections 3.1 and 3.4 in accordance with Section 57 (2) TKG at least one month and at most two months before they take effect, clearly and comprehensibly on a durable medium (e.g. by email). The notification states the content and the date of the contract change and includes a reference to the right of termination under section 3.5.
NYNEX satellite OHG may change the contract terms at its reasonable discretion, taking the Customer’s interests into account, provided there is a valid reason (e.g. adaptation to changed statutory or regulatory requirements, technical developments or changes in supreme court case law) and the contractual balance is maintained.
Right of termination: If NYNEX satellite OHG unilaterally changes the contract terms, the Customer may terminate the contract pursuant to Section 57 (1) TKG without a notice period and free of charge, unless the changes are exclusively to the Customer’s benefit, purely administrative in nature and without negative effects on the Customer, or directly required by Union law or applicable national law. Termination can be declared within three months of receipt of the notification under section 3.3; the contract ends at the earliest at the time the change is to take effect.
Within the scope of the existing technical and operational possibilities, NYNEX satellite OHG provides the Customer with access to the Services listed under section 1.4.
The technical facilities and devices installed at the Customer’s premises by NYNEX satellite OHG, or sent for self-installation, remain the property of NYNEX satellite OHG, unless they have been purchased by the Customer.
NYNEX satellite OHG is entitled to use third parties to provide the services.
Where free services are provided, NYNEX satellite OHG is entitled to discontinue them at any time without prior notice.
NYNEX satellite OHG is entitled to temporarily restrict or discontinue services where this is necessary for reasons of public security, the security of network operation, maintaining network integrity, interoperability of services, data protection, combating spam or malware, or carrying out operationally or technically necessary work.
NYNEX satellite OHG attaches great importance to security and integrity and has a security concept submitted to the BNetzA pursuant to Section 166 TKG.
The detailed descriptions of the services result from the respective service description and the product information sheets pursuant to the TKG.
Cable TV via fibre: fiberONE delivers cable-TV signals via the FTTH fibre network (Fiber to the Home) or via fibre-connected building distributors. The termination point of NYNEX satellite OHG (ONT/fibre box) may be located in the Customer’s living space or in a shared technical facility of the building. From the termination point onward, further processing of the signal is the Customer’s responsibility. A media converter that converts the optical signal into a coaxial TV signal is required to receive cable TV via the fibre connection. NYNEX satellite OHG sells suitable media converters via the fiberONE shop (shop.fiberone.de). The converters are standard commercial products and can also be obtained from retail. NYNEX satellite OHG accepts no warranty for the compatibility of third-party media converters. Recommended models are listed in the service description. Support and fault clearance relate exclusively to the signal supplied by NYNEX satellite OHG up to the termination point (fibre box/ONT).
Rights in the event of service deviations: If NYNEX satellite OHG does not provide an internet access service in accordance with the contract, in particular in the event of significant, continuous or regularly recurring deviations of the actual speed from the contractually agreed speed, the Customer is entitled to the statutory rights to price reduction and extraordinary termination under Section 57 (4) TKG. The statutory obligation to remedy faults and the compensation claims under Section 58 TKG remain unaffected.
The following fault-clearance service-level agreement applies to customers with a home-office plan:
Fault reports can be submitted by phone, by email or via the customer portal.
If the clearance time is exceeded for reasons attributable to NYNEX satellite OHG, the Customer receives a credit in accordance with the SLA flat rate specified in the service description for each commenced hour of the excess, up to a maximum of the monthly basic charge. Further statutory claims (in particular under Section 58 TKG) remain unaffected; compensation paid is offset.
The home-office SLA conditions apply exclusively to plans expressly designated as a home-office plan.
Fixed public IPv4: In the home-office plan, the Customer receives a fixed public IPv4 address free of charge on request. It is intended exclusively for accessing applications in the Customer’s own home network (e.g. smart home, surveillance cameras, VPN remote access). Operating servers that offer services to third parties is prohibited even with a fixed IPv4 (cf. Section 6).
The Customer must pay the prices in accordance with the agreed price list.
A price list with the currently valid plans can be viewed at any time at fiberone.de/dokumente/.
The Customer is obliged to use the services as intended and within the framework of the applicable legal provisions.
The Customer undertakes not to cause any danger to the network structure and functionality through their use.
The Customer is not entitled to offer services to third parties on the basis of the provided services without the consent of NYNEX satellite OHG.
The Customer is obliged to keep personal access data (such as password, PIN, PUK) secret and to change it without delay if they suspect that unauthorised persons have gained knowledge of the access data.
In the event of culpable breach of duty, NYNEX satellite OHG may claim damages and suspend the affected services.
Server operation prohibited: Operating servers that provide services to third parties on the internet (e.g. web servers, mail servers, game servers, streaming servers) is not permitted for private-customer plans. This also includes operating server services that are reachable from outside the Customer’s own home network, unless expressly permitted.
The use of applications that do not perform a server function for third parties (e.g. cloud synchronisation, streaming reception, VPN access for one’s own use, smart-home control) remains permitted.
Exception for home-office plan: Under the fiberONE home-office plan, operating servers for exclusively personal and professional purposes within one’s own home network is permitted. This includes in particular remote access to one’s own home network, smart-home systems, surveillance cameras and non-public test and development environments without accessibility for third parties. Operating servers that offer services to third parties (e.g. hosting for customers, public web servers, commercial services) remains prohibited.
NYNEX satellite OHG is entitled, upon detection of unauthorised server operation, to suspend the corresponding connection or to terminate the contract extraordinarily.
NYNEX satellite OHG offers routers (e.g. AVM FRITZ!Box) and, where applicable, media converters for purchase via the fiberONE shop. The goods remain the property of NYNEX satellite OHG until full payment has been received (retention of title). Payment is made either directly in the fiberONE shop or via the customer portal; in the latter case the purchase price is billed with the next monthly invoice.
In the event of seizure, the Customer must inform NYNEX satellite OHG without delay.
NYNEX satellite OHG states the necessary configuration parameters.
The Customer must take care of necessary software updates. NYNEX satellite OHG is entitled to update firmware remotely and, where necessary, to adjust configuration settings remotely (e.g. to remedy faults or switch services). The Customer will be informed of this in advance where reasonable. The Customer’s right to use their own terminal equipment (free choice of terminal equipment) remains unaffected.
You may connect your own devices (free choice of terminal equipment). Performance in accordance with the contract is only guaranteed with recommended devices. The use of other devices is at your own risk.
The Customer bears liability for damage caused by non-recommended hardware or software, insofar as the Customer is responsible for the damage.
In case of doubt, the date of the first provision of the service applies for deadlines.
In the event of unforeseeable obstacles to performance, deadlines are postponed appropriately.
Saturday does not count as a business day.
Charges fall due upon receipt of the invoice.
The monthly charge is payable pro rata from activation and thereafter monthly in advance.
Other charges are billed monthly after the service has been provided.
The Customer also pays for services used by third parties via their identifier, insofar as the Customer is responsible for this.
Consolidated invoices are possible.
Invoices are sent electronically, on request in paper form.
Flat-rate connections are not itemised on the invoice.
Payment by SEPA direct debit: Payment of the monthly charges is generally made by SEPA direct debit. For this purpose, the Customer issues NYNEX satellite OHG a SEPA direct debit mandate and ensures sufficient funds in the specified account. Prepaid plans under section 10.10 are excluded from this. In the event of repeated returned direct debits attributable to the Customer, NYNEX satellite OHG reserves the right to switch to other payment methods (e.g. advance payment).
For SEPA direct debits that are not honoured or are returned for reasons attributable to the Customer, NYNEX satellite OHG charges a processing fee of €3.50 per returned direct debit. The Customer is free to prove that no damage or significantly lower damage has occurred. NYNEX satellite OHG reserves the right to assert higher damages.
Prepaid plans and alternative means of payment: Insofar as prepaid plans or alternative means of payment (e.g. credit card) are offered, the payment terms result from the respective service description. No direct-debit obligation applies to prepaid plans. For prepaid services, NYNEX satellite OHG refunds the remaining credit to the consumer on request upon termination of the contract (Section 64 (4) TKG).
Refunds are credited without interest.
In the event of a provider change, Section 59 TKG applies; the entitlement to charges is reduced to 50 percent of the agreed connection charge until successful porting.
Set-off is only permitted with undisputed or legally established counterclaims.
Objections to the invoice must be raised within eight weeks of receipt of the invoice (Section 67 TKG). After the deadline expires, NYNEX satellite OHG’s obligation to provide evidence ceases insofar as traffic data has been deleted due to statutory requirements. The deadline only begins if the Customer was informed with the invoice of the consequences of missing the deadline; statutory claims after the deadline remain unaffected.
To settle disputes about the rights and obligations governed by Sections 51 to 66 TKG, the Customer may request a conciliation procedure at the Consumer Conciliation Body for Telecommunications of the Federal Network Agency (BNetzA), Tulpenfeld 4, 53113 Bonn (Section 68 TKG), online at www.bundesnetzagentur.de/schlichtung.
Payment default: Due to the Customer’s payment default, NYNEX satellite OHG may suspend the service if the Customer, after deducting any down payments, is in default with payment obligations of at least 100 euros (Section 61 (4) TKG). Before suspension, NYNEX satellite OHG will warn the Customer in text form at least two weeks in advance, with notice of the suspension. The warning may be combined with an invoice. As far as technically possible and reasonable, the suspension is limited to the service affected by the payment default.
Even in the event of a suspension, the Customer remains obliged to pay the monthly prices.
The assertion of further claims due to payment default remains unaffected.
Suspension for good cause: NYNEX satellite OHG is entitled to suspend the connection without prior warning if good cause exists, in particular in the event of abusive use, fraudulent intent or endangerment of network integrity.
Reactivation: After settlement of the outstanding amounts and, where applicable, the suspension costs, NYNEX satellite OHG will reactivate the connection without delay.
Default in performance by NYNEX satellite OHG: In the event of default in performance by NYNEX satellite OHG, a grace period of at least 10 business days applies. The Customer’s statutory rights, in particular under Sections 57 and 58 TKG, remain unaffected.
The commercial resale or transfer of the services to third parties requires the prior consent of NYNEX satellite OHG in text form.
Where use is permitted, the Customer must instruct third parties in the services.
The Customer is liable for charges incurred by third parties insofar as these are attributable to the Customer.
Affiliated companies are deemed to be third parties.
NYNEX satellite OHG is liable (a) without limitation in the event of intent and the assumption of a guarantee, (b) in the event of gross negligence for the foreseeable damage, and (c) in the event of simple negligence only for the breach of essential contractual obligations (cardinal obligations), limited to the contractually typical, foreseeable damage; otherwise liability for simple negligence is excluded.
Limitation of liability for telecommunications services: Insofar as NYNEX satellite OHG is obliged to compensate financial damage or to pay compensation to an end user, liability is limited pursuant to Section 70 TKG to 12,500 euros per end user; if the obligation exists towards several end users due to the same event, liability is limited to a total of 30 million euros. This limitation does not apply in the event of intent or gross negligence by NYNEX satellite OHG.
The Customer is liable for infringements of third-party rights for which they are responsible and indemnifies NYNEX satellite OHG in this respect.
In the event of data loss, contributory negligence on the part of the Customer due to failure to back up data is to be taken into account.
The liability provisions also apply to vicarious agents.
Insofar as NYNEX satellite OHG provides services via third-party networks, it is only liable to the extent of its own recourse claims against the respective network operator.
In the event of injury to life, body and health and under the Product Liability Act, the statutory provisions apply without restriction.
Any further liability is excluded.
The Customer is obliged to mitigate damage.
The contract term results from the service description. Unless otherwise specified there, the contract has no minimum term. The initial term of a contract with consumers does not exceed 24 months (Section 56 (1) TKG).
Contracts with a term of one month can be terminated with 14 days’ notice to the end of the month.
After expiry of an agreed minimum term, the contract can be terminated at any time with one month’s notice (Section 56 (3) TKG). Such termination incurs no costs for the Customer (Section 56 (4) TKG).
Termination channels: Terminations must be in text form. The Customer can terminate:
Provider change: When switching to another provider, NYNEX satellite OHG supports the porting of the telephone number and the switching process pursuant to Section 59 TKG.
Compensation for provider change: If, during a provider change, the connection is interrupted for more than one working day, the Customer may demand from NYNEX satellite OHG, for each additional working day of interruption, compensation of 10.00 euros or 20 percent of the contractually agreed monthly charge, whichever is higher (Section 59 (5) TKG). This does not apply if the Customer is responsible for the delay.
Liquidated damages: If NYNEX satellite OHG terminates the contract prematurely for good cause attributable to the Customer, the Customer is obliged to pay liquidated damages. The amount payable in a lump sum amounts to half of the monthly prices still payable until the end of the agreed contract term. The damages amount is to be set higher or lower if NYNEX satellite OHG proves significantly higher damage or the Customer proves that significantly lower or no damage has occurred.
If the contract was concluded as a distance contract (e.g. online or by telephone) or off-premises, the consumer has a statutory right of withdrawal of 14 days (Sections 312g, 355 BGB).
The details, in particular the start and course of the withdrawal period and the consequences of withdrawal, result from the withdrawal instructions, which are provided to the Customer separately in text form upon conclusion of the contract.
If the Customer expressly requests that performance of the service begin before the end of the withdrawal period, they must, in the event of withdrawal, pay reasonable value compensation for the services provided up to the withdrawal (Section 357a BGB).
When collecting, using and processing personal data, NYNEX satellite OHG observes the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) and the telecommunications data protection requirements (in particular the Telecommunications Digital Services Data Protection Act, TDDDG) as amended, while safeguarding the confidentiality of telecommunications.
The Customer is informed about the details of data processing on a separate information sheet provided with the customer information in connection with the conclusion of the contract.
Further information on data protection is available online at fiberone.de/datenschutz/.
Pursuant to Art. 15 GDPR, the Customer is entitled at any time to request information about the data stored about them. Pursuant to Art. 16 and 17 GDPR, the Customer may request rectification or erasure.
Pursuant to Art. 21 GDPR, data processing may be objected to on grounds relating to the Customer’s particular situation.
Insofar as consent to the use of data for further purposes has been given, it can be withdrawn at any time without giving reasons, with effect for the future.
A withdrawal can be sent by post or email, without incurring costs beyond the transmission costs.
Data transfer to the wholesale provider: Where the connection is provided via a wholesale product of Telekom Deutschland GmbH (VDSL and fibre GPON products as per the product information sheet), NYNEX satellite OHG transmits the Customer data required for the provision, operation, appointment scheduling and fault clearance of the connection to Telekom Deutschland GmbH, Landgrabenweg 151, 53227 Bonn (name, address and location of the connection and the connection holder's contact details; in the case of a provider switch or number porting, additionally the information required for this). The legal basis is Art. 6 (1) (b) GDPR and, for provider-switch and porting processes, Art. 6 (1) (c) GDPR in conjunction with Section 59 TKG. Telekom Deutschland GmbH processes this data as an independent controller. No data is transferred for connections on fiberONE's own fibre network (FTTB/FTTH).
The contractual relationship may be terminated by each contracting party for good cause without observing a notice period (Section 314 BGB). Good cause for NYNEX satellite OHG includes in particular significant contract-violating conduct by the Customer, including criminal offences, abusive impairment of service quality, unauthorised server operation pursuant to Section 6, and unlawful use of flat rates.
↑ back to topNYNEX satellite OHG is entitled to demand a security deposit from the Customer (e.g. by way of a guarantee from a German credit institution) in twice the amount of the expected monthly charge in the following cases:
NYNEX satellite OHG is entitled to offset the security deposit against due, unpaid claims.
↑ back to topNYNEX satellite OHG is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act (VSBG).
This does not affect the Customer’s option to initiate a conciliation procedure at the Consumer Conciliation Body for Telecommunications of the Federal Network Agency pursuant to Section 68 TKG (see section 11.2).