General terms and conditions

These general terms and conditions (hereinafter the "GTC") of Everphone Finance GmbH, Zimmerstr. 79-80, 10117 Berlin (hereinafter "Everphone") apply to all contracts for the rental of mobile devices and for the use of the device service that are concluded via Everphone's online portal or landing page. The contracting party (hereinafter the "Customer") is the company that places an order during online onboarding and accepts these GTC in doing so. Deviating, conflicting or supplementary terms and conditions of the Customer do not apply unless Everphone has expressly agreed to them in writing.

These GTC apply from the time of the Customer's first order via Everphone's online portal.

Part 1: General contractual terms

1. Contract structure and order of precedence

The components of the contract are listed below. Unless agreed otherwise, the documents take the following order of precedence in the event of contradictions:

•Annex data processing agreement (AVV) including appendices 1 & 2;

•Order confirmation for the respective online order;

•Service level agreement (Part 2);

•General terms and conditions (Part 1).

2. Subject matter of the contract and rental models

2.1The subject matter of the contract is the rental of devices (for example smartphones, tablets, laptops, chargeable accessories such as keyboards, tablet stands and so on) and other workplace equipment (each a "Device" and together the "Devices") to the contracting party, together with device and service management (the "device service") via an online portal made available for use by Everphone or via alternative interfaces offered by it (together the "ordering channels") at a monthly rental price (the "device rental price"). The device service applies to the rental model offered.

2.2The range of devices (portfolio) available via the ordering channels is determined exclusively by Everphone. Everphone is entitled to change the portfolio at any time and without prior notice, in particular to add, replace or withdraw Devices. The Customer has no claim to the availability of a particular Device model. Clause 5.6 remains unaffected.

2.3With regard to the services to be provided and the consideration owed, these GTC together with their annexes apply, and otherwise the statutory provisions.

2.4Everphone grants the Customer the option of renting Devices and/or using device services for its affiliated companies, provided that such use has been approved by Everphone in text form. The Customer undertakes to ensure that its affiliated companies comply with these GTC. The Customer is liable for all claims, losses and damages arising from a breach of these terms by the affiliated companies and will indemnify Everphone on first demand. Irrespective of this, the Customer is responsible for payment of all fees incurred for the rented Devices and the device services used, and of all other associated costs and expenses, unless agreed otherwise in text form. An "affiliated company" within the meaning of these GTC is any company affiliated with a party pursuant to section 15 of the German Stock Corporation Act (AktG).

3. Everphone's obligations

3.1The services to be provided under these GTC are divided into the following main groups:

•products in accordance with the order confirmation and the service level agreement,

•care/maintenance as described in the service level agreement,

•technical support as described in the service level agreement.

3.2Everphone provides only those services ordered by the Customer, as described in the respective order.

3.3Everphone is not obliged to check orders and data made available by the Customer for breaches of legal or regulatory requirements. Everphone is however entitled to check data made available by the Customer for such breaches if a third party asserts a breach or if Everphone suspects one.

4. The Customer's obligations

4.1The Customer remains solely responsible (i) for compliance with the applicable regulatory requirements and statutory provisions; (ii) for its duties to cooperate as set out in these GTC and/or in the operational guidelines provided by Everphone from time to time; (iii) for the accuracy, quality and lawfulness of the customer data, the means by which the Customer acquired the customer data, and the Customer's use of the customer data with the service, including but not limited to obtaining all necessary rights, including consents, for the authorisation of the processing of customer data or necessary personal data; and (iv) for its payment obligation. The Customer is obliged to make all commercially reasonable efforts to prevent unauthorised access to or unauthorised use of services and content, and to inform Everphone without delay of any such access or use.

4.2The Customer will inform Everphone without delay of any errors arising in the information and services and of any deviation from the device service and the ordered Devices as described in the respective order, including a detailed description and support in troubleshooting and rectifying errors, for example by submitting error reports to Everphone and making available other data and logs suitable for error analysis.

5. Renting Devices, ordering services

5.1Services are deemed agreed between the parties if they are set out (i) in these GTC and/or (ii) in the form of an electronically issued order approved by Everphone (the "Order"). All services ordered accordingly by the Customer and approved by Everphone are legally binding and these GTC apply to them.

5.2Each Device is rented on the basis of these GTC via the ordering channels under an individual contract (the "device rental agreement", Devicemietvertrag).

5.3A device rental agreement between Everphone and the Customer comes into existence on the basis of an order by the Customer and its acceptance by Everphone. The Customer, or the relevant employee of the Customer, can select via the ordering channels which Devices it wishes to rent by type and configuration at the agreed prices. Everphone first confirms receipt of the order to the Customer (confirmation of receipt); this does not constitute acceptance. After review, Everphone informs the Customer of the availability of the requested Devices; this notification likewise does not constitute acceptance. A precondition for acceptance is an existing contractual relationship under these GTC. A device rental agreement is only concluded once dispatch of the product is confirmed by a further message or email, or by the dispatch itself ("acceptance"). Upon acceptance of the order by Everphone, the respective individual contract comes into existence between the parties in a legally binding manner. No documentation of the device rental agreement is provided beyond this.

5.4The respective device rental price follows from the price list displayed via the ordering channels at the time of the order. Where an individually agreed rental price exists for a Device (for example under a separate written agreement), that price takes precedence.

5.5After acceptance of the order the Customer is obliged to accept the ordered Devices. Otherwise Everphone reserves the right to use the devices otherwise after a reasonable period set for the Customer has expired without result. The assertion of claims for damages is expressly reserved.

5.6Should Devices no longer be available after acceptance of the order, Everphone will offer the Customer a Device comparable in type and configuration in lieu of performance. If the Customer accepts this offer, the comparable Device replaces the original Device in the existing device rental agreement. If the Customer finally rejects the offer, both parties may terminate the corresponding device rental agreement without notice.

5.7Everphone is further permitted to deliver the selected Device in a colour differing from the order, in consultation with the Customer, should the colour chosen by the Customer no longer be available at Everphone at the time of delivery.

5.8Delivery is made by dispatch.

6. Device service

6.1In the event of damage to or a technical defect in a Device, that device is exchanged ("device exchange"). For this purpose the Customer must report the defect via the ordering channels used. Everphone will then dispatch a Device comparable in type and configuration or, at Everphone's option, a higher quality Device (the "replacement Device") to the ordering channels stored in the customer portal. In both cases Everphone is permitted to use a refurbished device. A valid device rental agreement is a precondition for a device exchange.

6.2In the event of damage to or a technical defect in a Device pursuant to clause 7.1 after expiry of the initial term of the device rental agreement, the device rental agreement ends and the Customer is given the opportunity to conclude a new device rental agreement pursuant to clause 2.

6.3If a device is lost, the Customer must (i) report the incident to the local law enforcement authorities; (ii) inform Everphone without delay and state in which country the device was lost (loss report); (iii) send the incident report received from the local law enforcement authorities to Everphone. If this loss report is not made within twelve weeks of expiry of the return period or of the demonstrable loss, the loss report is deemed to have been made.

6.4On notification of the loss or theft of a Device via the ordering channels, the device rental agreement ends. For the lost Device the Customer must pay Everphone damages in the amount of the residual value of the Device, determined in accordance with the annex "Determination of residual value on the basis of market value". Asserting the costs arising from loss or theft against a third party, for example an insurer, is a matter for the Customer and is not done by Everphone. The Customer is given the opportunity to conclude a new device rental agreement.

6.5A replacement Device under clauses 7.1 and 7.2 is a refurbished Device with refurb grade "A" or, at Everphone's option, a new device from the same manufacturer. Further details of the device service are agreed in Part 2 "Service level agreement" as a component of these GTC.

6.6Everphone does not provide a service for delivering Devices via standardised roll-out procedures such as Apple Device Enrollment (ADE, formerly DEP), Android Zero-Touch or comparable methods. The Customer is entitled to use such procedures itself and to administer the associated management consoles (for example Apple Business Manager, ABM) itself.

6.7Individual services under these GTC and the agreed services may be provided by service providers commissioned by Everphone or by affiliated companies within the meaning of section 15 AktG.

6.8Everphone is not liable for delays for which it is not responsible.

7. Care of the Devices and the Customer's liability

7.1The Customer undertakes to use the Devices carefully and only in accordance with the contractual purpose, and to instruct its employees accordingly. The device is in a contractual condition at the end of the device rental term only if it shows no damage caused by use contrary to the contract.

7.2Except in cases of intent or gross negligence, the Customer is released from liability for damage occurring to the Device, in particular for obvious damage such as a broken display, water damage, scratches, defective camera lenses and defective SIM slots, as well as normal signs of use. Normal signs of use do not give rise to any liability of the Customer.

7.3The Customer is itself responsible for data maintenance on the Devices. This applies in particular to updates and backups. Unless separately commissioned, Everphone has no access to the Devices and therefore accepts no liability or warranty for the data stored and/or managed on them.

7.4The Customer bears the costs of removing intentional physical modifications to the Devices such as stickers, laser engravings and the like. If the modification cannot be removed, the Customer bears the cost of the loss in value caused by it.

8. Term of the device rental agreements and termination

8.1The term of the device rental agreements (the "device rental term") is 24 months unless a different term is stated in the respective order confirmation.

8.2The device rental term begins with the handover of the Device to the Customer. A Device is deemed handed over on the third working day after dispatch, unless the Customer proves a later handover. Provisions deviating from this require text form.

8.3After expiry of the device rental term, the term is extended for an indefinite period (the "extended device rental term"). The device rental agreement can then be terminated with four weeks' notice to the end of the month. Section 286 of the German Civil Code (BGB) remains unaffected. Section 314 BGB applies otherwise.

8.4Ordinary early termination of the device rental agreement before expiry of the device rental term is excluded. In the event of extraordinary early termination of a device rental agreement for a reason for which the Customer is responsible, all monthly rents still outstanding up to the original end of the device rental term fall due immediately in full. The right to extraordinary termination for good cause under clause 9.6 remains unaffected.

8.5Early termination because the employee using the Device leaves the Customer's company, or for other operational reasons, is not possible. In such cases the Customer may make the Device available to another employee. The minimum term of the device rental agreement remains unaffected; all monthly rents up to the end of the device rental term remain owed.

8.6The right of each party to terminate the device rental agreement for good cause without notice remains unaffected. Good cause exists in particular if the Customer is in default with payment of the device rental price, or of a not insignificant part of it, for two consecutive payment dates, or is in default over a period covering more than two payment dates with an amount reaching the device rental price for two months. Section 314 BGB applies otherwise.

8.7In the event of termination by Everphone under clause 9.6 above, the Customer must pay the device rental price for the outstanding device rental term or extended device rental term as compensation for lost rent. Section 286 BGB remains unaffected.

9. Return of Devices

9.1After expiry of the device rental term or the extended device rental term, the Customer must return the rented Device.

9.2The return must be made at the end of the device rental term or the extended device rental term (the "return date") by handover to Everphone or to a service provider named to the Customer that accepts Devices on Everphone's behalf. Proof of return is the shipping provider's proof of posting or other equivalent proof. Deviating arrangements require text form.

9.3The Customer is obliged to return the Device in factory condition and to remove any existing locks or IMEI locks. Everphone will have each returned Device restored to factory condition, provided this is technically necessary and possible. For Devices that are not unlocked and therefore cannot be restored to factory condition, the rent does not end and continues pro rata, with Everphone granting the Customer a period of twenty working days to unlock. After this period has expired without result, the Customer must pay Everphone liquidated damages in the amount of the residual value of the unlocked Device in accordance with the annex "Determination of residual value on the basis of market value". The Device that has not been unlocked will be disposed of by Everphone.

9.4The Customer undertakes to use suitable and secure outer packaging for the dispatch of all Devices sent to Everphone. The packaging must be such that it protects the devices during transport against damage of all kinds, in particular against impact, moisture and static electricity. Should Everphone determine that the packaging used by the Customer is unsuitable and that damage to the dispatched Devices has resulted, or that the residual value of the devices has been reduced as a result, Everphone is entitled to invoice the Customer for the reduced residual value.

9.5In the event that the Device is not returned by the return date, Everphone is entitled to charge the device rent pro rata for the Device not returned on time for the duration of the withholding. In addition, no later than twelve weeks after expiry of the return period, Everphone will charge the Customer liquidated damages for Devices not returned in the amount of the residual value under the annex "Determination of residual value on the basis of market value". Acceptance of the Device is then no longer possible.

9.6These return obligations apply accordingly in the event of a device exchange.

9.7In the event of a device exchange or upgrade, the return must be made immediately after delivery of the replacement Device or the new Device, and at the latest 15 days after delivery of the replacement Device. Irrespective of the primary return obligation, Everphone is entitled after expiry of the return period to charge, by way of compensation, the device rent for the Device not returned for the duration of the withholding, in addition to the device rent for the new Device. In addition, no later than twelve weeks after expiry of the return period, Everphone will charge the Customer liquidated damages for Devices not returned in the amount of the residual value under the annex "Determination of residual value on the basis of market value". For accessories or batteries not returned, Everphone will charge the Customer the pro rata replacement costs. The assertion of further damages is not excluded.

9.8On request and in special cases, Everphone offers the Customer's employees the opportunity to purchase Devices previously rented by an employee of the Customer, on the basis of an individual offer, after expiry of the device rental term or the extended device rental term.

10. Payment terms and assignment of receivables

10.1Everphone issues the Customer an invoice for each service month on the basis of the rented Devices and the services provided in accordance with the order/order agreement. If the device rental term begins and/or ends during a month, the first and/or last month of the device rental term is charged pro rata by day. Invoices are transmitted electronically. Billing is exclusive of statutory value added tax as applicable. Any import duties and customs charges are borne by the Customer. The Devices rented to the contracting party are listed individually and continuously by manufacturer, configuration, device rental term and monthly device rental price as an annex to the monthly invoice.

10.2In the event that withholding tax arises, the Customer will pay this additional amount to ensure that the net amount Everphone receives after such withholding tax corresponds to the amount Everphone would have received had no withholding tax been levied.

10.3Payment is made by SEPA core direct debit. The Customer is obliged to grant a valid SEPA direct debit mandate in favour of Everphone on conclusion of the contract and to maintain it for the entire duration of the contractual relationship. Granting and maintaining a valid SEPA direct debit mandate constitutes an essential basis of this contract. If the Customer revokes or cancels the SEPA direct debit mandate, Everphone will first set the Customer a period of five (5) working days to restore a valid mandate. If the Customer does not provide a valid SEPA direct debit mandate within this period, Everphone is entitled to terminate all existing device rental agreements extraordinarily without observing any further notice period. In that case all outstanding monthly rents fall due immediately in full. The Customer is also obliged to return the Devices provided to Everphone without delay, and at the latest within five (5) working days of termination.

10.4Everphone is entitled to sell or assign receivables against the Customer as part of a sale of receivables.

10.5Invoice amounts are due for payment within the period specified in the contract. If the Customer is in default with a payment, Everphone is entitled to demand default interest at the statutory rate. The statutory rate of default interest in business dealings between companies is currently nine percentage points above the base rate. Everphone's right to assert further damages remains unaffected. If the Customer is in default of payment, Everphone is entitled to demand reminder costs and any costs of legal proceedings from the Customer.

11. Value added tax

11.1All amounts due under this agreement are exclusive of value added tax. Billing is made plus statutory value added tax. Value added tax is to be paid by the party liable for it under applicable law.

11.2Should rented devices be taken abroad for a longer period of the rental term, the Customer must notify this in advance in text form (for example by email). Failure to notify in good time may lead to claims for damages (duty to inform).

12. Contact persons and authority

12.1The Customer names one or more responsible contact persons to Everphone. The Customer's contact person (and their deputy) is fully authorised by the Customer to decide on the contractual rental obligations arising from these GTC.

12.2The parties agree that orders submitted via the customer portal are placed only by persons authorised by the Customer to conclude individual device rental agreements.

12.3Everphone points out to the Customer that access credentials for the customer portal must not be passed on to unauthorised third parties. Should access credentials be lost or reach unauthorised third parties, or should there be a suspicion that they have, the Customer will inform Everphone without delay so that access can be blocked.

13. Release from performance in cases of force majeure and end of lifecycle

In cases of force majeure the parties are released from their obligations under these GTC within the meaning of section 275 BGB for the duration of the disruption. Force majeure is any unforeseeable event outside a party's sphere of influence by which a party is wholly or partly prevented from performing its obligations, including fire damage, lightning strikes, floods, production or supply stoppages, sanctions, strikes and lawful lock-outs, operational disruptions for which a party is not at fault, or official orders, and also where, in the case of a regular end of lifecycle, the product is no longer produced or supported by the manufacturer.

14. Retention of title

The Devices delivered to the Customer, including accessories and batteries, remain the property of Everphone and its refinancing companies. Devices sold to the Customer or to its employees are excepted.

15. Place of performance

The risk of loss of or damage to the device passes to the Customer at the time of handover at the delivery address specified by the Customer. This risk remains with the Customer until the device has been properly returned to Everphone and confirmed by Everphone (the "place of performance").

16. Tariff brokerage

On request, Everphone supports the contracting party in selecting suitable mobile and data tariffs. This support is voluntary, without acknowledgement of any legal obligation, and can be ended by Everphone at any time. Where a contract is concluded between the contracting party and a mobile provider, Everphone accepts no liability or warranty arising from the mobile or data contract. Everphone acts solely as an independent intermediary between the parties. There are no claims to remuneration against the Customer arising from the brokerage.

17. Everphone's liability

17.1Everphone is liable without limitation for intent and gross negligence.

17.2With regard to these GTC, Everphone's liability is otherwise excluded unless a duty is breached whose fulfilment makes proper performance possible in the first place and on whose observance the Customer may regularly rely. In such cases Everphone's liability is limited to the foreseeable damage typical of the contract.

17.3With regard to the respective device rental agreements, Everphone's liability is likewise otherwise excluded unless a duty is breached whose fulfilment makes proper performance of the respective device rental agreement possible in the first place and on whose observance the Customer may regularly rely. In such cases Everphone's liability is limited to the foreseeable damage typical of the contract.

17.4The above limitation of liability does not apply to claims under the German Product Liability Act, nor to damage arising from injury to life, body or health.

17.5Where Everphone's liability is limited, this applies accordingly to the personal liability of Everphone's officers, employees, representatives and vicarious agents.

17.6Strict guarantee liability for initial defects under section 536a paragraph 1, first alternative, BGB is excluded. This does not apply in cases of fraudulent intent.

18. Term and termination

18.1The contract is concluded for an indefinite period and can be terminated with four weeks' notice to the end of the month.

18.2The right of each party to terminate this contract for good cause without observing a notice period remains unaffected.

18.3Termination of this contract does not affect the validity of the individual device rental agreements.

19. Confidentiality

19.1The contracting parties mutually undertake to maintain absolute secrecy towards third parties regarding all business matters that come to their knowledge in the course of the cooperation, in particular trade and business secrets, and not to pass these on to third parties and/or exploit them in any way, unless they are generally known facts or there is a statutory or other duty of disclosure. The confidentiality obligation continues after termination of the contract.

19.2As regards the confidentiality obligation, each contracting party's employees are deemed its vicarious agents within the meaning of section 278 BGB. Each contracting party is accountable for the fault of its employees in this respect.

19.3Where third parties are engaged by a contracting party to fulfil its own obligations under these GTC, that contracting party has concluded a corresponding agreement on confidentiality and data protection with that third party, including for its employees.

19.4In the event of an assignment of receivables arising from this agreement to a third party, the assignor is entitled to make available to the assignee all information the assignee reasonably requires in order to assert the assigned receivables. The assignee is entitled to use the information received exclusively for the purpose of asserting the assigned receivables.

19.5All (physical) business documents exchanged between the parties are to be kept carefully on their own premises, protected from inspection by unauthorised persons, and returned to the other contracting party on termination of the contract, unless otherwise stipulated in these GTC. In any case the contracting parties are liable for the careful safekeeping of all data carriers, documents and other information carriers provided to them.

19.6The confidentiality agreement also applies to this contract and its annexes.

20. Data protection

20.1The parties undertake to comply with the applicable data protection laws, in particular the General Data Protection Regulation and the German Federal Data Protection Act, insofar as applicable.

20.2Where Everphone processes personal data within the meaning of data protection law on behalf of customers in performing its services under this contract, this is done as a rule on the instructions of the Customer. The parties conclude the data processing agreement contained in the annex.

20.3Every employee working at Everphone for the Customer is specifically trained and bound to data protection and has a data protection clause in their employment contract.

20.4The contracting party's employees are given access to the customer portal. For this purpose Everphone requires personal data of the employees in accordance with the data processing agreement.

20.5In cases where the Customer consents to the sale of the Device to employees, the Customer is obliged to irrevocably delete all of its data stored on the device before handing the Device over to any employee.

21. Amendments and adjustments to the contract

21.1Everphone is entitled to amend the provisions of these GTC in whole or in part, if and to the extent this is necessary for good reason and is reasonable for the Customer taking into account the interests of the Customer and of Everphone. Good reason exists where

•a change in the law renders one or more provisions of these GTC invalid,

•case law on the validity of provisions of this contract changes, or

•the service can no longer be provided in the contractually agreed form owing to new technical developments or changed market circumstances, and an amendment does not shift the relationship between performance and consideration to the disadvantage of the Customer.

21.2Amendments under clause 22.1 are only reasonable for the Customer if they do not concern essential provisions of these GTC. Essential provisions of these GTC are in particular those on the nature and scope of the contractually agreed services, the term and termination.

21.3Everphone will notify the Customer of amendments to these GTC two months before the proposed date on which they take effect, in text form (for example email) (the "amendment notice"). The Customer can accept or reject the amendments before the proposed date on which they take effect. In the event of rejection, Everphone has the right to terminate the contractual relationship with immediate effect. The Customer's consent is deemed given if the Customer does not object to the amendments in text form (for example email) before the proposed date on which they take effect.

21.4Where amendments to these GTC are offered to the Customer, the Customer may also terminate these GTC without notice and free of charge before the proposed date on which the amendments take effect. Everphone will draw the Customer's particular attention to this right of termination in the amendment notice.

22. Transfer of contract and subletting

22.1Everphone works with various credit institutions that co-finance Everphone's business activities under these GTC (the "financing partners"). Everphone is entitled to transfer this contract to a financing partner (the "transfer of contract"). Everphone will notify the Customer of the transfer of contract at least ten working days in advance in text form (for example email). After the transfer of contract Everphone continues to provide the contractual services to the Customer. In the event of a transfer of contract the Customer is entitled to terminate this contract. Termination must be made in writing to Everphone at the latest ten working days after notification of the transfer of contract.

22.2The Customer is not entitled to sublet the rented Device to third parties or otherwise let third parties use it without Everphone's prior consent in text form. Any transfer to third parties requires Everphone's express approval in text form. In the event of a breach of this prohibition, Everphone reserves the right to terminate these GTC and the respective device rental agreements without notice and to assert claims for damages.

23. Applicable law, place of jurisdiction, form

23.1There are no verbal or written side agreements.

23.2Amendments and additions to these GTC, and to any agreements made in addition after conclusion of the contract, require text form (for example email or confirmation via the online portal) unless these GTC expressly provide for another form. This also applies to the waiver of the text form requirement.

23.3The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods and the rules of private international law.

23.4The place of jurisdiction is Berlin, provided the contracting party is a merchant, a legal entity under public law or a special fund under public law. Everphone is however also entitled to bring proceedings at the Customer's registered office.

24. Final provisions

24.1The Customer's general terms and conditions do not apply.

24.2Everphone undertakes to comply with all applicable anti-corruption laws and to ensure that its employees also comply with them.

24.3The contracting party may assign rights and claims under these GTC to a third party only with Everphone's prior consent in text form.

24.4The Customer hereby agrees that Everphone may name it as a customer in sales and marketing materials.

24.5Should a provision of these GTC be or become wholly or partly invalid, or should the GTC contain a gap, the validity of the remaining provisions is not affected. The invalid provision is to be replaced by one that comes closest to the intention of the parties and to what was economically intended.

24.6The annexes form part of these GTC.

These GTC are acknowledged by the Customer through confirmation in the online ordering process (ticking the checkbox "I accept the GTC") and form part of the contract. A separate signature is not required.

Annex: Determination of residual value on the basis of market value

Residual value table based on the manufacturer's RRP at the time of market launch

Part 2: Service level agreement

This service level agreement forms part of the general terms and conditions (GTC) of Everphone Finance GmbH and applies from the time of the Customer's first order.

1. Handover to the logistics provider for the issue of new Devices

1.1Everphone will hand over orders for new Devices to the logistics provider within up to ten (10) working days of the order confirmation. A service level of ten (10) working days likewise applies to laptops and their accessories. Should a delay in handover occur, Everphone will inform the Customer.

1.2In the event of a delay in handover to the logistics provider of more than five (5) working days that is not attributable to force majeure and was not already planned in advance, the Customer has the right to cancel the order concerned free of charge.

2. Handover to the logistics provider in the event of damage or a technical defect

2.1Where defective Devices are exchanged, Everphone will hand the replacement Device over to the logistics provider within up to three (3) working days of the damage being reported via the ordering channels. Should a delay in handover occur, Everphone will inform the Customer.

2.2By way of derogation from 2.1, a service level of an exchange within five (5) working days applies to laptops and their accessories.

3. Service and support

3.1The following contact details are available for questions about the customer portal, order status, exchange, defects or delivery:

By phone: +49 30 516958275

By email: service@everphone.de

Via chat in the customer portal or on the Everphone homepage: chat button

Service hours hotline and email: Monday to Sunday, 7 am to 8 pm

Service hours chat: Monday to Sunday, 9 am to 6 pm

3.2For customers with mobile device management (MDM) by Everphone, the following contact details are available for questions on device configuration, MDM or emergency deletion:

By phone: +49 30 31199215

By email: mdm.support@everphone.de

Service hours: Monday to Friday, 9 am to 6 pm

4. Prices

4.1The prices for Everphone's services follow from the price list displayed via the ordering channels at the time of the order and from the respective order confirmation.

4.2If the manufacturer of a device increases the recommended retail price (RRP) of a Device model or its successor model by more than ten percent (10%) compared with the RRP valid at the time of the order confirmation for the respective device rental agreement (a "material manufacturer price increase"), Everphone is entitled to adjust the monthly device rental price for newly concluded device rental agreements for that Device model or its successor model in line with the percentage increase in the manufacturer RRP. The price adjustment does not exceed the percentage increase in the manufacturer RRP. Decisive for the calculation is the ratio between the manufacturer RRP at the time of the respective order confirmation and the manufacturer RRP at the time of the price adjustment. Everphone will notify the Customer of an intended price adjustment at least four (4) weeks before it takes effect, stating the previous and the new manufacturer RRP and the resulting new device rental price.

4.3Where no individually agreed rental price exists for a Device, the device rental price displayed or retrievable via the ordering channels applies.

5. Early upgrade

An early upgrade to a new Device before expiry of the device rental term (early upgrade) is not possible. On early termination of a device rental agreement, all outstanding monthly rents fall due immediately in accordance with clause 9.4 of the general contractual terms.

6. Data deletion

6.1Data on returned Devices is deleted using the software "Blancco Mobile Edition" in the version currently available, or using comparable software. At the express request of the Customer, Everphone provides the deletion protocol for the returned Devices.

6.2Everphone checks the returned Devices for further data carriers they may contain (such as additional memory cards) and disposes of these after deletion within the meaning of clause 6.3. Everphone accepts no liability for lost data.

6.3Should data deletion on the Device not be possible, Everphone reserves the right to destroy the Device irretrievably. At the express request of the Customer, Everphone provides corresponding evidence.