Terms of Sales

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ARTICLE 1 - OBJECT

These general terms of services for individuals apply to services marketed and operated by the home division of PhoneGS SA, a French telecommunications operator licensed by ART (license L33-1). They are accompanied by specific conditions specific to each service, communicated to the customer at the same time as these general conditions of service. They are an integral part of them. The customer acknowledges having read, at the time of subscription of services, the general conditions of sale stated on the site www.Phone.GS. Any subscription of services means acceptance of the present general conditions without any reserve. These general conditions of sale govern the contractual relationship between PhoneGS and its customer, user of the services, both parties accepting them without reservation. These general conditions of sale will prevail over all other conditions appearing in any other document, except preliminary, express and written exemption. Unless otherwise stipulated, these general terms and conditions cancel and replace all written or verbal agreements, all correspondence or proposals, prior to their acceptance and having the same purpose.

ARTICLE 2 - DEFINITIONS

The term "services" refers to telecommunications services and products marketed by PhoneGS. The specific conditions specific to each service define their characteristics and the rates applicable to them.

ARTICLE 3 - DURATION OF THE CONTRACT

Service contracts are concluded for an indefinite period, except under specific conditions specific to certain services. They take effect from the validation of the contract by PhoneGS. The entry into force of additional services to those initially subscribed is made on the date of their entry into service by PhoneGS.

ARTICLE 4 - PRICES AND PRICE REVISION

1/ The rates applicable to the services are those in force at the time of subscription of the service, and correspond to the prices indicated on the site www.PhoneGS.com. The customer can ask to know the price of his service by sending an email with his username from the form Contact of our site www.PhoneGS.com.
2/ PhoneGS reserves the right to change its rates at any time. Any general price reduction may be carried out by PhoneGS without delay. When a particular discount has been granted, the initial pricing may be applied again by PhoneGS. In the event of an increase of the rates, these will be communicated to the customer at least 15 days before their entry into force, by all the means. The customer will have, from the receipt of the new rates, 1 month to terminate his contract, by sending an email with his username from the Contact form on our website www.PhoneGS.com. PhoneGS reserves the right to modify the terms of these service conditions in order to comply with any changes in the regulations in force and market constraints. The customer will be informed fifteen days before their entry into force of any new terms and conditions of service or any modification of the offer. The use of the services beyond this period of fifteen days will be worth acceptance by the client of these conditions. Failing agreement, the customer may terminate the contract under the conditions provided for in Article 13.

ARTICLE 5 - PRODUCTS AND SERVICES

The photographs, diagrams, drawings or video films illustrating the products do not enter the contractual field. If errors are introduced, in any case, the responsibility of PhoneGS can not be committed.
Access to the telephone service on the Internet is subject to the customer having internet access. The telephony service allows individuals to receive and transmit unlimited number of voice calls.
Unlimited calling plans are reserved for strictly private and family use. The use of the telephone service by persons outside the home of the subscriber or devoid of reasonableness is considered abusive.
Is understood as reasonable, the average rate as obtained from the Market Observatory published by ARCEP for fixed telephone calls.

Are strictly prohibited, and considered as abusive or fraudulent use:
- the use of telephone service by telecommunications professionals: operators, phone shops, telemarketing, phoning, call center, prepaid cards, voice services.
- The interrupted use of the Telephony Service, in particular through automatic dialing and continuous dialing on the line.
- The sharing of telephone access with people outside the home of the subscriber.
- Free or expensive use of the telephony service as a gateway for redirection of communications.
- The use devoid of any reasonable character as mentioned above.

Any use contrary to those provided by the general conditions of sale will result in an immediate termination of the PhoneGS line. To receive his calls, the customer benefits from a French telephone number of the type 01/02/03/04/05/08 / 09xx xxx xxx, reachable from abroad by dialing the international format +33 (0) 1 / 2/3/4/5/8 / 9xx xxx xxx. This service is designed for an indefinite period. The termination of the service by the customer can be done at any time, by sending an email with his username from the Contact form of our site www.PhoneGS.com and by PhoneGS, with a notice of 1 month, by sending an email to customer. The termination of the service will be effective on the anniversary date of registration to the service, all months started being due.

ARTICLE 6 - ORDER

The customer's order will be considered effective only when the bank payment centers concerned have given their agreement. In case of refusal of said centers, the order will be automatically canceled and the customer notified by mail. PhoneGS will inform the customer by email of any stockouts that may affect its service order. Internet is the only order mode we offer to our customers. Automatic registration systems are considered as proof of the nature, content and date of the order. PhoneGS reserves the right to ask the customer for proof of identity or registration with the Commercial Register and companies to confirm definitively the activation of the order. PhoneGS reserves the right to cancel any order from a customer with whom there is a dispute or for which the subscription information is not complete or correct. The information given by the buyer, when placing an order commit it: in case of error in the wording of the customer's details, PhoneGS can not be held responsible for the impossibility in which it could be to deliver the service.

ARTICLE 7 - PAYMENT AND INVOICING

1/ Payment for services is made by direct debit or debit on a credit card. The customer has the possibility to give a mandate to a third-party payer to pay in his name and on his behalf the sums due under this contract. This designation, however, does not relieve the customer of his payment obligation in the event of a default by the third party payer.
2/ The invoices are established monthly, on the anniversary of the PhoneGS registration and are only available in electronic format on the My Account pages. Nevertheless, PhoneGS reserves the right to issue only a bill bimonthly if the low level of consumption of the customer justifies it. Invoices are payable within 15 days of their date of payment.
3/ From an email reminder remained ineffective, the amounts remaining due to PhoneGS on their due date may be increased by default interest, calculated on a daily basis, at a rate of one and a half times the legal interest rate. Miscellaneous expenses related to a failure to pay sums due under this contract will be borne by the customer.
4/ PhoneGS reserves the right to charge the customer's telephone consumption at any time.

ARTICLE 8 - GUARANTEE

1/ PhoneGS reserves the right to ask the customer, when concluding the service contract or at any time during its execution, and in particular in case of delay or payment incident, the payment of a deposit of guarantee, the commitment of a surety or the payment of the invoice. The deposit is not interest bearing.
2/ PhoneGS may, without notice, use the deposit in order to cover any cost, loss or liability incurred as a result of a breach of the obligations stipulated in these terms and conditions of service and the specific contract by the customer.
3/ The return of the deposit or the discharge of the deposit occur after the termination of the service contract, subject to payment by the customer of all sums remaining due to PhoneGS.

ARTICLE 9 - DISPUTES

1/ In the event of disputes over the amounts billed to the client, the latter remains liable for the payment of these amounts pending an outcome. The customer must notify any dispute by registered letter with acknowledgment of receipt within thirty days of the invoice date.
2/ PhoneGS or the contract processing center shall provide the customer with billing information. However, PhoneGS or the contract processing center are relieved of this obligation when they provide the customer with details of their consumption.
3/ The billing of the customer is established from the data recorded systematically and in an unalterable way on the media of PhoneGS. These computer supports are kept by PhoneGS for a period of 6 months from the day of payment. These supports have the value of a writing in the sense given to this term in Article 1347 of the French Civil Code. The recordings in PhoneGS's timestamping and charging system are proof of the use, duration and destination of the calls by the customer until proven otherwise.

ARTICLE 10 - OBLIGATIONS AND RESPONSIBILITY OF PhoneGS

1/ PhoneGS undertakes to provide all the competence and care necessary to provide the services and to implement all the necessary provisions to ensure the permanent and continuous operation of the network.
2/ The responsibility of PhoneGS can not be engaged:
- in the event of misuse by the customer and / or his correspondents of the services,
- in case of non-compliance with the installation or use procedures of the equipment, and in particular in case of use by the customer or his correspondent of material incompatible with the operation of the service or likely to disrupt its operation,
- in the event of disclosure, by any means, of the service access code (s) to a third party unauthorized,
- in the event of suspension of access to the service in the cases referred to in Article 13,
- in the event of total or partial malfunction of the service resulting from disturbances or interruptions in the telecommunications facilities managed by operators to which PhoneGS is connected,
- in case of an electromagnetic wave propagating hazards that can cause disruption or local outages,
- in case of indirect damage suffered by the customer due to a malfunction of services, such as any loss of exploitation, any commercial, financial or moral prejudice,
- in the event of suspension in the performance of the services as part of the maintenance of the network, it being specified that, except in an emergency, these operations will be carried out outside periods of high traffic and that particular care will be taken to reduce maximum the period of unavailability,
- in the event of restriction to the provision of the services or cessation of the right of exploitation of the networks decided by the public authority.

ARTICLE 11 - RESPONSIBILITY OF THE CLIENT

The customer is responsible for the payment of all the amounts invoiced for the services and for the execution of all his obligations.
By default, calls to emergency numbers are not routed when opening the PhoneGS service. It is the responsibility of the customer to declare from the page My account of the site www.PhoneGS.com the department and the municipality on which it is located. In no case PhoneGS can be held responsible for the absence of configuration of emergency numbers by the customer.
The customer undertakes to communicate to PhoneGS any modification necessary for the proper performance of the service contract, including any change of bank details, company name or address.
The customer is prohibited from making illegal use of products and services. It undertakes not to contravene the public order as well as any applicable regulations in the context of their use. The customer is jointly and severally liable with the authorized entities for the pecuniary consequences of fraudulent or abusive use of the numbers provided by PhoneGS as part of the service.

ARTICLE 12 - FORCE MAJEURE

The responsibility of any one of the parties can not be engaged as soon as the non-performance or the delay in the execution of the one or more obligations contained in the contract of services results from a case of absolute necessity.
Exceptional weather, natural disasters, fires, floods, lightning, electrical surges, attacks, the case of strikes and legal or regulatory restrictions on the provision of telecommunications services are considered to be force majeure. , and any other event of force majeure or fortuitous event within the meaning of Article 1148 of the Civil Code.

ARTICLE 13 - SUSPENSION, RESILIATION & CESSION

1/ PhoneGS reserves the right to suspend the execution of the present contract or to limit the access to the services subscribed by the customer, without notice, after having informed the latter by any means:
- in case of non-execution of one its obligations under these general conditions of service and the service contract,
- pending the payment of the deposit or the guarantee commitment referred to in Article 8,
- where the said guarantees are not after a reasonable period of time.
2/ In the event of abnormally excessive increase of the amount of the consumptions of the customer, PhoneGS can suspend, after having informed the customer by email, the access to the service, this in view to preserve the interests of the customer.
3/ In the event of non-payment by the customer of the sums due, PhoneGS may suspend the services to which the customer has subscribed and terminate the service contract.
4/ Services may be interrupted in cases of force majeure, as defined in Article 12 of these general terms of service.
5/ The customer may terminate the service contract at any time, by sending an email with his username from the Contact form on our website www.PhoneGS.com. The terms of termination and the effective date of this termination are specified in the specific conditions specific to each service.
6/ In case of suspension of the services superior to 2 months, PhoneGS has the faculty to terminate this contract by sending a simple email notifying this termination.
7/ The service contract may be terminated without delay or notice by PhoneGS, without the customer being able to claim any compensation, in the following cases:
- misrepresentation of the customer regarding the contract,
- failure of the customer to one any of its essential obligations,
- non-payment of sums due after formal notice has not been valid ,
- failure to provide the guarantees referred to in Article 8,
- non-continuation of the contract decided by the insolvency administrator in the context of a judicial reorganization or judicial liquidation of the company,
- termination and / or substantial modifications of the contractual relations between PhoneGS and the telephone operator,
- loss of network operating licenses.
The service contract may not be assigned or transmitted by the customer, in any form whatsoever, in whole or in part, without the express prior written consent of PhoneGS. PhoneGS may assign, transfer or provide to a third party in any form, the rights and obligations arising from the service agreement.

ARTICLE 14 - COMPUTER SCIENCE, FREEDOM AND CONFIDENTIALITY

In application of the Data-processing law and Freedom n ° 7817 of January 6th, 1978 the customer has a right of access and rectification relative to the data concerning him as well as a right of opposition. PhoneGS reserves the right to include the customer's name on the list of commercial references communicated to the public in the absence of express prohibition on the part of the customer. At any time, the customer can change his details directly on www.PhoneGS.com The latter has the right to request its removal from the PhoneGS customer file. This information makes it even easier for the customer to use the website, for example by avoiding multiple re-keyings, and taking full advantage of all the features the site offers the customer. The address of the customer is useful at the time of the order to send him his order. The customer's telephone number allows the PhoneGS customer service to contact the customer to follow up on their order.
The customer's email address allows PhoneGS to identify the customer and confirm customer orders. The customer's bank details (credit card number, validity date) are encrypted by the SSL system. They are inaccessible by a third party.

LAW

The present contract is regulated by French law. Any dispute relating to the formation, execution or interpretation of these general terms and conditions of service and the service contract falls under the exclusive jurisdiction of the Commercial Court of Paris when the other party is a merchant.

PhoneGS
SASU with a capital of 5,000
RCS Pontoise 811 003 888
54, Avenue Philippe Auguste
75011 Paris, France