A bitstream offer is not only obligatory in subsidized areas, but is also a relevant adjustment screw on a voluntary basis in order to utilize the networks even in self-sufficiently developed areas.
In addition to the important general regulations on the wholesale products FTTB and FTTH, the sample contracts contain annexes such as a market-compliant service description, proposals for the price structure and service level agreements.
The structure of the FTTB and FTTH contract templates is largely based on the product agreed with the EU Commission and the Federal Ministry of Transport for the VULA subsidy. The FTTH concept takes into account various expansion statuses to which marketing can be linked.
The model contract for building networks (land use agreement) contains various modules to cover all variants – i.e. FTTB/FTTH, the latter with and without an agreement on a fiber optic provision fee.
The sample contracts for bitstream are supplemented by sample contracts for dark fiber and empty conduits. You can therefore obtain the complete set of sample wholesale contracts here.
NEW: GTC subscription packages – always on the legally compliant side!
A legally secure business basis is an important foundation for your trusting customer relationships.
In the area of general terms and conditions, there is always a need for improvements due to changes in consumer protection. The constant need to review general terms and conditions poses a challenge and can entail business risks if they are not observed.
At this point, we would like to support you with the BREKO Servicegesellschaft and offer you lasting legal certainty. For this reason, BREKO Servicegesellschaft is now offering subscription packages that you can purchase in addition to the basic GTC templates. With a subscription package, you will receive a monthly review of the sample GTC and will be provided with an updated version if improvements are required.
You can use the form above to order.
The new AGB packages:
Basic options:
Complete package GTC (sample GTC, service description & order form for telephony and Internet services in the fixed network sector for both private and business customers) incl. 1-hour consultation with lawyer Jan Petersen:
2,850 € net for BREKO members
4,600 € net for non-members
Individual sample GTC for telephony and Internet services in the fixed network sector for both private and business customers incl. 1-hour consultation with lawyer Jan Petersen:
1,500 € net for BREKO members
2,300 € net for non-members
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NEW: Additional subscription packages
(can only be booked in combination with the basic option)
Complete package GTC subscription with monthly updates to all documents from the complete package
950 € net/year for BREKO members
1,650 € net/year for non-members
Single sample AGB Subscription with monthly updates
690 € net/year for BREKO members
1,260 € net/year for non-members
NEW: Sample preliminary contract for customers
Without a pre-marketing quota, hardly any companies are starting out with fiber optic expansion. Telecommunications companies often conclude a standard contract with a customer for the installation of a fiber optic connection and the establishment of a telecommunications service even before the physical fiber optic infrastructure is rolled out.
However, the construction of the fiber optic line can be delayed from a few weeks to several months. If the time of the order confirmation and the actual start of performance or delivery of the telecommunications service then diverge, this raises a number of legal questions for many companies with regard to the legally prescribed maximum initial contract term, in particular: At what point does the 2-year initial term (initial contract term) prescribed by the TKG begin to run?
In order to solve this problem in a legally compliant and practical manner, BREKO Servicegesellschaft has developed a template for a so-called preliminary contract together with a number of regulatory experts.
The preliminary contract is a separate, fully-fledged contract under the law of obligations, which contains two separate performance obligations. The telecommunications company undertakes to install the fiber optic connection (for a fee). At the same time, the customer undertakes to conclude a downstream telecommunications service contract at a later date. The preliminary contract is therefore not a contract for the telecommunications service itself, but only establishes a contractual obligation to enter into a contract between the customer and the telecommunications company. With the preliminary contract, the customer undertakes to accept an offer to conclude a main contract (= TC service contract) once the physical connection has been expanded.
In contrast to other solutions , the preliminary contract takes into account the legal requirements of the TKG for the initial contract term. Due to the contractual separation, the preliminary contract creates more legal clarity and therefore greater legal certainty for the member companies. In addition, the preliminary contract also creates a psychological binding effect on the customer.
You can order the sample for the preliminary contract now. The costs for BREKO member companies are 250.00 euros net.
Interested in sample GTCs, services and advice?
Please feel free to contact us:
