Article 1 - Introduction
The DIXDATA company - iSendPro Telecom - RCS Marseille B 443 014 238 whose head office is located at Bd of Athens ,12, 13001 MARSEILLE FRANCE, publishes the following websites : fr.isendpro.com, en.isendpro et www.isendpro.com
In these terms and conditions, unless otherwise specified, the following terms have the following meaning:
- SITE : website(s) published by the DIXDATA company.
- MESSAGE : communication sent on mobile phone in the form of an SMS (Short Message Service), MMS (Multimedia Messaging Service) or application notification.
- USER : legal or physical person using the services and services offered by the SITE.
- RECEIVER : mobile number specified by the USER to receive the MESSAGE.
- OPERATOR : mobile operator of the RECEIVER.
It is expressly recalled that The use of the above mentioned SITE (s) implies the USER's full acceptance of these terms and conditions. The SITE may modify the present general conditions and suspend or change its service of sending MESSAGE at any time and without notice, without this being able to generate compensation of any kind whatsoever.
Article 2 - User's Commitments
The user agrees to :
- Respect the general conditions of the SITE
- Obtain from the RECEIVER its explicit and unequivocal agreement to receive the MESSAGE and to put in place all the means necessary to stop any dispatch if a RECEIVER so requires and carry out all the declarations relating to its files and databases.
- Ensure that the content of the MESSAGE complies with the legislation by prohibiting in particular any content that is racist, anti-semitic, xenophobic, revisionist or otherwise infringing public order
- Hold all intellectual property rights (including copyrights) for all trademarks or content used in the MESSAGE.
- Use the services offered by the SITE by avoiding any nuisance or harassment as much on the frequency of the consignments as on the time slots and / or days.
IMPORTANT : Spam is strictly forbidden by French mobile operators and seriously affects all players in electronic communication. Should one or more RECEIVERS come to their OPERATORS, the SITE reserves the right to request any proof or proof with the USER within a maximum of 48 hours to prove that this or these RECEIVERS have agreed to receive the MESSAGES incriminate.
The costs related to the use of the SITE (equipment, internet or mobile communications ...) remain the responsibility of the USER and under his own responsibility.
The Client is the only one responsible for the content sent as well as the collection of lists of mobile numbers and undertakes to settle any penalties that may be imposed by mobile operators or the CNIL in case of non-compliance with the legislation.
Article 3 - The SITE undertakes to :
- To provide service 7 days a week, 24 hours a day (subject to possible breakdowns or maintenance operations essential to the optimal operation of the SITE except in case of force majeure or specific incident not foreseeable by the SITE).
- View Issue Reports and Discount Operator Notifications (High Quality Only)
- List mobiles that are no longer assigned (High Quality only)
The SITE can not be held responsible if :
- The RECEIVERS can not technically receive the MESSAGE (full memory, mobile off, outside the coverage areas ...)
- The OPERATOR of the RECEIVERS encounters technical problems to ensure the delivery of the MESSAGE (failures, maintenance ...)
Article 4 - Ordering and realization of the service
Any order made by the USER engages the latter upon receipt of the mail and / or validation of the order form. No right of withdrawal may then be demanded by the USER.
Article 5 - Service suspension
The SITE reserves the right to suspend temporarily the availability of the platform in the event that the USER does not respect its obligations referred to in these General Terms and Conditions and in particular in case of invoice not settled. The SITE shall not be liable for any loss, damage, liability, claim or inconvenience suffered by the Customer resulting from such suspension.
Article 6 - Prices
Prices can be consulted on the SITE in the concerned section unless stated otherwise on the order form. They are indicated in € HT per volume of purchase. The packs offered are sold without obligation of purchase nor subscription. The period of validity of credits is 12 months from the date of purchase. The SITE reserves the right to modify or remove all or part of the packs offered on the price, quality and / or quantities.
CHANGE AND STOP SMS SERVICE
ISendPro Telecom may be required to make changes to its tariffs, or SMS Service features. The Customer shall be notified of any changes to it no later than eight (8) days before its entry into force. The amendments are applicable to the contract in progress.
In the event of a substantial change (in particular in the event of an increase in prices), the Customer may terminate these Terms without penalties and without right of compensation, within two (2) months from the Customer Of the amendment. In the event of termination of the Service, iSendPro Telecom shall notify the Customer no later than thirty (30) days prior to such termination.
Article 7 - Data protection
The SITE undertakes never to commercialize, distribute or transmit the data of the USER to partners or third parties nor to use your lists of RECIPIENTS, the data set being encrypted and secured by 256 bit SSL technology.
Article 8 - Properties
Any reproduction, total or partial, of this SITE without prior express authorization is prohibited and would constitute an act of infringement sanctioned by articles L.335 2 and following of the Code of the intellectual property.
Article 9 - Referencing
The USER accepts and authorizes to include among the references of the Site (commercial documents and web site) the name of the company of the USER as well as its logo and / or its brand.
Questions and Complaints about Privacy
For potential questions or complaints on how iSendPro Telecom processes personal data, please contact us at the address: firstname.lastname@example.org