GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE MANIFONE SERVICES
The present agreement has the aim of defining the characteristics of the Manifone Services and coordinating its way of usage. It is applicable to the Customer and forms an integral part of the contract between the Customer and the Merchant. The Contract between the Customer and the Merchant commences as soon as the Merchant sets up the Service ordered by the Customer on line (over the Internet), or when a sales representative sells the service. The present Terms and Conditions apply to all purchase orders of Manifone Services placed on the website of the Merchant, as well as through an approved sales representative. By using the Service, the Customer acknowledges that it has read and understood the present terms and Conditions, and enters into a contract with the Merchant under present Terms and Conditions. The present Terms and Conditions are available on the website of the Merchant or by mail upon request. The Customer commits himself to respecting the present Terms and Conditions. The concepts of Service, Merchant and Customer are defined in article 1.
ARTICLE 1 - DEFINITIONS
The Service: indicates all of the telephony services provided to the Customer by the Merchant, in France and in a number of countries covered, that are listed on the Website of the Merchant.
The Website: www.manifone.com
The Customer: is the legal or physical entity, who places an order for Services at the Merchant while following the procedure which is indicated to him. The Customer declares that he is able to engage in a cotract, i.e. is legally of adult age, and not placed under supervision or trusteeship, and that he has the necessary authorisation in case of a company.
The Merchant: is the company SAS MANIFONE, which provides the Service to the Customer. The Merchant works with telecommunications network operators and other service providers. In no case is the Merchant responsible for a damage resulting from a failure to execute the Service by one of its suppliers. The Customer recognizes that contractual relations exist between the Merchant and its various suppliers and that these contractual relations may evolve/change, and involve other parties. The Customer acknowledges that in the event of modification of the identity of the parties, procedures may change.
ARTICLE 2 - CONDITIONS OF ACCESS TO THE SERVICE
2.1 The Customer is subscribed to the Service in prepaid mode (purchase of calling credit is required prior to using the service). The Customer has registered either via Internet on the site of the Merchant or by an authorized sales representative.
ARTICLE 3 - USE OF THE SERVICE3.1 The Service is provided to the Customer to be used in a way that conforms to the effective laws and regulations. The Customer is responsible for protecting his credentials, he will make sure that no other person has access to the Service without his authorization.
3.2 The Service can be used from any fixed or mobile telephone, that are capable of displaying their number to the called party (CallerID), and whose numbers the Customer specifically authorized upon registration, or later in his client interface.
3.3 The main way of use of the Services are as follows:
3.3.1 MANIFONE Direct Numbers and Portal: From an authorized mobile or fixed telephone the Customer calls a national gateway number his country, and then at the prompt he enters the destination number, followed by the # key. Another way is that from an authorized phone the customer calls a national gateway number, that forwards the call to a preset destination number, depending on the caller's ID.
3.3.2 MANI-in: The customer obtains a MANI-In Number, on which he can be reached at the cost of local call from all the countries where the Merchant provides such MANI-In gateway numbers. The callers dial the gateway number of the country of their residence, and at the prompt enter the MANI-In extension of the customer.
3.3.4 MANI-VoIP: The MANI-VoIP Service allows the customer to use a Voice-over-IP account held with a third party operator, directly from his mobile or fixed-line phone.
3.4 Service coverage:
- National gateway numbers act like regular landline numbers: they are billed by the customer's mobile or landline operator just like any call to any landline number in the same area code as the gateway numbers. Calls received on MANI-In or placed via Mani-VoIP: A Customer is considered identified as such if it uses the Service from the fixed telephone or mobiles which it registered with the Service, or it is identified using an 8-digit PIN code, which the Merchant has communicated to him.
3.5 Serviced Areas: The Service allows the Customer to place International calls from a list of countries specified on the Merchant's Website.
3.6 The Merchant cannot guarantee the availability of the Service constantly, particularly during the time between the reception of an order and its activation by another operator. At the same time the Merchant can, without engaging his responsibility, suspend the the Service because of maintenance or to ensure the integrity of the network. Except for unexpected urgencies, the Merchant will use all endeavours to plan such activities apart from the normal hours of use of the Service and will make its best efforts to shorten the period of unavailability.
3.7 In his online web interface the customer has access to his call detail records, with all his calls from the date he opened his account, listing destination number, call duration, and call cost. Upon request, an invoice will be delivered to him listing all his calls, at no cost.
3.8 Limitations: The Merchant cannot be held responsible in case the Service has been used in a way not conforming to the instructions and to the Terms and Conditions specified herein. The Merchant calls the attention of the Customer to the potential presence of regulations imposed by the Customer's telephony operator, that may lead to double invoicings of the same call in case of abuse.
ARTICLE 4 - SUSPENSION OF THE SERVICE
4.1 In order to prevent any fraudulent use of the Service and in order to ensure the protection of the Customer, the Merchant is authorized to ask the Customer for additional documents that prove his identity and will be able to suspend temporarily and without notice the Service until the reception of such documents.
4.2 The Merchant reserves the right to terminate, without compensation or possibility of refunding, any account that uses the Service in a fraudulent way.
4.3 Without the Customer not being able to prevail himself of an unspecified allowance, the Merchant can:
- Suspend without notice the access to the Service, in the absence of regularization of an incomplete file within 8 day as from the request of the Merchant or in the event of misrepresentation, of usurpation of identity or fraudulent use of the Service.
ARTICLE 5 - TARIFFS AND FINANCIAL CONDITIONS
5.1 The tariffs of the Service are the subject of an established documentation specific for the Customers and on the basis of which the Customer is invoiced. All the tariffs and rates are available any time on Merchant's Website. This documentation forms integral part of the Contract. The billing and taxation of calls is based on the data recorded by the billing system of the merchant. Bills for the particular calls are based on data contained therein, unless proven differently.
5.2 Prices are listed ex-tax, unless indicated differently. Rates are valid 24/7, and not limited to a certain time of the day, or day of the week. The Merchant reserves the right to modify the tariffs or rates without prior notice. Only the maximum duration of the call concerned corresponding to the tariff in force and as stored on Manifone's servers is taken into account. 5.3 Principles of invoicing: For the Manifone Direct numbers and Portal services: per minute billing. For the services MANI-In, MANI-Line and MANI-VoIP: contractual monthly tariff.
ARTICLE 6 - PAYMENT
6.1 When using the Service in prepaid mode, the Customer needs to add calling credit to his account, using one of the Merchant's accepted payments methods. The list of accepted payment methods can be found in the Client Interface. The amount is chosen by the Customer within the limits imposed by the Service.
6.2 In mode prepaid the Customer the possibility has of starting an option of refill simplified of its account. This option makes it possible to the Customer to carry out a purchase by CB without having again to seize (refill via Internet) or to communicate (refill by telephone) the number and the scratch date of its chart. The Customer voluntarily chooses at the time of each transaction the possibility of carrying out this refill in simple click or with seizure of the number of CB and the scratch date.
6.3 In the event of non-payment on behalf of the Customer, the Merchant reserves the right to request documents as proof of identity, as mentioned in article 8.2. The Customer accepts that this information is used in order to allow the covering of the sums due. In the event of obtaining an executory title, the Customer needs to pay for bank costs, on top of the outstanding amounts.
6.4 The Customer authorizes the storage of his credit card information (number and expiry date) for re-use within the framework defined by the clauses. 6.2. The Merchant commits himself to protect, and guarantee the confidentiality of this information by all means of security measures. The Merchant is obliged to not use this information for any other purpose than forseen in clause 6.2
6.5 Once the credit of communication has been paid and used even partially, no refunding will be possible. The gifts and appropriations offered, whatever their origin (customer service, referrals, special offers) can in no case justify refunding.
ARTICLE 7 - DURATION AND TERMINATION
7.1 If the Customer fails to fulfill one of his obligations, particularly regarding payments or, acting of a legal entity and within the framework of a legal procedure of rectification, if the receiver decided not to continue the execution of the Contract, the Merchant will be able to suspend or terminate the Contract, automatically by sending the Customer an email or a registered letter with request of acknowledgement of delivery notifying this cancellation.
7.2 Any prepaid account showing no activity for 12 months can be automatically closed without notice. Any calling credit that may have been left on the account after 12 months of inactivity will be lost.
ARTICLE 8 - PERSONAL INFORMATION
8.1 The Customer is likely, for the needs for the Contract, to provide the personal information relating to it as defined in article 8.2 hereafter. This information is intended solely to the Merchant and to the Supplier, and will only be used for the management of the Contract between Customer and Merchant, and to send updates or promotions occasionally. The Customer can ask to stop receiving this information by clicking on an "unsubscribe" link present in all messages. In accordance with the Data-processing law and Freedoms n° 78-17 of January 6, 1978, the Customer can reach personal information relating to it and make them rectify or remove if necessary, by contacting the Merchant. The personal information collected within the framework of the Service enjoys the protection of the French law n° 78-17 of January 06, 1978 known as "Data-processing Law and Freedoms". Pursuant to article 16 of the law mentioned, the Service was declared at the National Commission of Data processing and Freedoms (CNIL). They can give place to the exercise of the individual right of access, correction and suppression at MANIFONE S.A.R.L., 2, rue Henri Becquerel, 56038 Vannes Cedex, France, under the conditions outlined by the decision CNIL n°80-10 of April 1, 1980.
8.2 The Customer recognizes that the personal information mentioned in article 8.1 includes/understands:
a) its personal data such as first and last names, postal addresses and electronic, fixed and/or mobile telephone numbers
b) the detail of the contractual relations between the Customer and the Merchant or any other affiliated company,
c) banking information
8.3 The Customer commits himself warning the Merchant of any change of the information aimed to article 8.2 as soon as he learns about any such changes.
8.4 The Merchant reserves the right to ask for documents constantly in proof of personal identification to the Customer.
ARTICLE 9 - RESPONSIBILITY
9.1 The Merchant commits himself to bringing all competence and care necessary to the supply the Service. The Customer recognizes that the obligations of the Merchant for this reason are obligations of means. Consequently, the Merchant may not be able to fulfill the responsibility he committed to, if, for a reason independent of its will, the Service becomes partially or fully inaccessible, or shows bad quality, in particular when the services for another operator are used in which case the Merchant could not be held responsible for any act or omission of this operator.
9.2 The Merchant could not be held responsible for the non-fulfilment of his contractual obligations when the latter is caused by force majeure.
9.3 The Merchant could not be held responsible for any consequential damage, the parties recognize that in particular such damage is the losses of profits, of customers, data or any other loss of goods intangible, likely to occur because of the supply or use of the Service and/or not having access to the Service and/or because of an unauthorized access to the Service by a third and/or following the control of a third, like any other question in connection with the Service.
9.4 In any event, the liability of the Merchant resulting from this Contract cannot exceed, for any cause or any disaster, a maximum amount corresponding to the amount paid by the Customer during the month preceding the occurance of the damage.
ARTICLE 10 - TRANSFER
10.1 The Customer avoids yielding or transfering the Contract to a third, in an arbitrary form, without prior written consent of the Merchant.
10.2 The Merchant will be able to yield whole or part of the Contract after of having informed the Customer beforehand. In addition, the Merchant will be able to resort to any subcontractor of his choice for the execution of the Contract.
ARTICLE 11 - OTHERS PROVISIONS
11.1 While adhering to article 7.1, any communication between the Customer and the Merchant with the frame of the Contract will be done by mail, fax or e-mail.
11.2 In all the measurement permitted by the law, any clause of present which would appear illegal or not valid or whose execution could not be required, will not affect the executory character of any other clause of present.
11.3 The fact for the Merchant of not prevailing itself of an unspecified clause of the Contract could not be interpreted for the future like being worth renunciation of this clause.
11.4 The contract is governed by the French laws. Any disagreement between the partiesabout the existence, interpretation, or the execution of the contract will be subject to the exclusive competence of the commercial court of Vannes, except for litigations involving natural person, to whom the legal rules of attribution of competence will apply.