GENERAL CONDITIONS OF USE OF ONOFF for Business
Prior to accessing the Services offered by ONOFF TELECOM, please carefully read these general conditions of use. They define the methods of making the Services available and the conditions of use of the Application.
The company ONOFF TELECOM, simplified joint-stock company (société par actions simplifiée), registered with the Paris Trade and Companies Register under the number 832 235 253 and having its registered office at 26 boulevard de Bonne Nouvelle 75010, Paris, France, along with its fully-owned subsidiary ONOFFAPP OÜ, an Estonian company established Metro Plaza Viru Väljak 2, Tallinn 10111, Estonia with register n° 12642134 (hereafter jointly"ONOFF TELECOM” or “ONOFF”) developed an Application, defined in article 1, named ONOFF for Business, offering Companies and their associates secondary contract and communications management services.
Access to the Services by Users is subject to prior acceptance of the Conditions of Use. The User will accept the Conditions of Use by (a) clicking to accept the Conditions of Use or by (b) creating their User Account.
The Conditions of Use can only be validly accepted by a user (a) legally authorized to use the Application in the country where they are and (b) of legal age to sign a legally binding contract with ONOFF TELECOM.
In these Conditions of Use the following terms have the following meaning, unless otherwise stated:
Telecom Operator Subscription: designates the mobile telephone and broadband internet contract of services subscribed to by the User with a third-party telecom operator in advance of using the Services.
Application: designates the software developed and operated by ONOFF, which is downloadable on the application distribution platforms and which enables the User to benefit from the Services.
Associate: designates an associate of a Company.
Conditions of Use: designates these general conditions of use, the pricing annex, as well as the personal data protection Policy. Together these documents constitute the "Contract" between ONOFF TELECOM and the Company.
Management Console: designates the tools provided to the Company via the website web.onoffbusiness.com, which enables it to 1) create its Company account, 2) define a certain number of user profiles, 3) list all the Associates likely to benefit from the Services, 4) assign an established profile to its Associates in order to provide them with an effective access to the Services in question and 5) subsequently manage the access of these Users to the Services.
User Content: designates the content published by the User via the Application.
Company Account: designates the account created by the Company in order to define its Associates and the type of Services that each of them will get.
User Account: designates the personal account created by the User in order to use the Application.
ONOFF Credits: designates the credits that enable the purchasing of Services and notably Numbers, make phone calls and/or send text messages.
Company: designates any person likely to open an ONOFF for Business company account in order to allow its Associates to use the Application.
Number(s): designates the telephone number(s) of the national dialing plan assigned to the User by ONOFF TELECOM, which enables the User to be identified via the Application.
Service(s): designates all the secondary contract and communications management services, chargeable or free, offered by ONOFF TELECOM and accessible by the User via his/her Application in accordance with the Conditions of Use.
Website: designates the site accessible at the address www.onoffbusiness.com, operated by ONOFF TELECOM.
User: designates the holder of a User Account and the holder of an Application user license in accordance with the Conditions of Use.
2. Purpose of the Conditions of Use
The purpose of the Conditions of Use are to define in which practical and financial conditions the Company will be able to 1) create its Company account, 2) define a certain number of user profiles, 3) list all the Associates likely to benefit from the Services, 4) assign an established profile to its Associates in order to provide them with an effective access to the Services in question and 5) subsequently manage the access of these Users to the Services.
3. Company Account
When creating a Company Account via the Management Console, the Company provides a certain amount of information that may notably include its corporate name, address, nationality, registration number with the official registry of companies, and its VAT number. The Company undertakes to provide truthful information.
Furthermore, the Company also communicates to ONOFF TELECOM the surname, first name and email address of the Company Account manager ("theManager"), as well as the password to secure access to the Company Account.
ONOFF TELECOM reserves the right at any time to delete a Company Account that does not respect the legal applicable provisions, third party rights or that do not comply with the Conditions of Use. For example, this would be the case if the Company Account was created based on false information or an invalid email address.
Once a Company Account is created, the company Manager may define one or more user profiles ("Profile"). Each Profile defines the Service or Services to which the Users assigned to this Profile will have access and under what conditions.
The Manager will then be able to define all the Users likely to benefit from the Services and, where applicable, assign them one or the other previously defined Profiles.
The assignment of a User to a given Profile will make the Services defined in the Profile in question available to the User, as well as the immediate billing for the Services to the Company.
In the event that the modification of the content of a Profile corresponds to the addition of certain services, the Company will be immediately billed for the additional services and this for every User concerned. In addition, if the modification of the Profile involves the withdrawal of certain services, the services in question will be immediately terminated for every User that is linked to this Profile.
4. Access and use of the Application by the Users
For each of the Users, the use of the Application requires a prior subscription by the User to a Telecom Operator Subscription that includes (i) the possibility to send and receive telephone calls and/or text messages and (ii) a mobile broadband internet access. The subscription and maintenance of the Telecom Operator Subscription, which are indispensable to the use of the Application, are solely the User's responsibility. The User must be equipped with a terminal that allows use of the Application (Smartphone, PDA, tablet, or equivalent) and that has a recent version of an operating system. The User is solely responsible for the proper operating of their equipment.
The Company acknowledges that the effective use of the Application by each of the Users depends on the availability of the communications services and the Telecom Operator Subscription's broadband internet for each of the Users. In addition, limits of use and specific geographical restrictions to the Application may vary. Therefore, Users are advised to regularly consult the Website in order to know further details of the restrictions of use and the recent modifications made to the Application.
Once the Application is installed, the User must connect to his User Account with the credentials sent to him by email once the Manager has assigned this User to a Profile (password and user email ID). This password is personal and confidential and must not be shared with any third parties in order to prevent any unauthorized use of the User Account. The User acknowledges that he/she is solely responsible for the confidentiality of his/her password.
When creating the User Account, the User provides certain information, notably his/her surname, first name and email address. The User undertakes to provide truthful information.
ONOFF TELECOM reserves the right at any time to delete a Company Account that does not respect the legal, applicable provisions, third party rights or that do not comply with the Conditions of Use. For example, this would be the case if the Company Account was created based on false information or an invalid email address.
5. Restrictions on the User of the Application
The Company acknowledges that the User must use the Application and associated Services normally and that ONOFF TELECOM may put in place measures to prevent any obvious misuse of the Services' purposes.
ONOFF TELECOM will evaluate the normal use of the Services by comparing the uses of other Users. Consumption will be considered abnormal and will be considered a form of misuse if it substantially deviates from the average consumption of the Users.
In addition, the User is informed that the following uses, without limitation are considered abnormal:
- more than fifteen (15) calls in less than three minutes,
- any excessive use of the Services,
- phone calls lasting over 2 hours,
- the use of the Application and/or Services for a marketing campaign with commercial purposes, Spamming, or providing automated services,
- the resale or attempted resale of the Services to third parties,
- sending 1000 text messages or more in a period of 30 consecutive days.
- an excess of more than 50 text messages sent compared to those received in a period 30 consecutive days.
- phone calls lasting 1000 minutes or more over a period of 30 consecutive days
- phone calls or text messages to 250 or more distinct recipients over a period of 30 consecutive days.
If ONOFF TELECOM detects an abnormal use of the Services, it will notify the User of the abnormal nature of his/her use of Services. ONOFF TELECOM may then immediately suspend the Services temporarily or permanently, without it being held liable for this suspension.
The User must respect the law and applicable regulations when using the Application and is solely responsible for his/her use of the Application.
The User must under no circumstances use the Application or Services in an unauthorized way, that is to say, contrary to the above. The User is also informed that the following uses, without limitation, are considered unauthorized:
- jeopardize or attempt to jeopardize the Application, and notably:
- Use a procedure designed to deform, alter, modify, disassemble, erase the Application, the protocols and the communications, such as viruses, Trojan Horses, a worm , logic bombs, etc. ;
- Alter or attempt to alter the Application, its functionality or availability;
- Circumvent, deactivate or perturb the functions linked to the security of the Application and its integrity (or that of any electronic equipment whatsoever) or the functions preventing or limiting the use of the content of the Software ;
- Use an automated system to access the Application.
- Download and/or share inappropriate content (illegal, compromising human dignity, a sexual nature, defamatory, insulting, racist or any other content that may result in the civil or criminal responsibility of the person who publishes it);
- Engaging in activities violating the privacy of other people, notably stealing another person's identity ;
- Modify, intercept or monitor any communication that is not intended for him or her ;
- Collect information from the Application which would enable personal identification, including account names;
- Use the application to send or help other people to send undesirable messages. Unsolicited messages and contact requests ("SPAM", "SPIT or Spam over Internet Telephony", “undesirable mail" or misleading and false content) and massively send whether they be in the form of email, calls, instant messages or otherwise are all considered undesirable;
- Use the Application for phishing, identity theft or rerouting;
- Use the Application to embarrass, threaten, harass or infringe upon the private life of a third party, or expose a third party to shocking, indecent or dangerous content ;
- Violate the intellectual property rights of ONOFF TELECOM, another User or a third party and notably:
- Use in any way any content subject to property rights that does not belong to the User, unless he/she has a license or express permission of the owner of the rights ;
- Resale or commercialize the Application as this is intended for the User's personal use.
If ONOFF TELECOM detects an unauthorized use of the Application or Services, it will notify the User. ONOFF TELECOM may then immediately suspend the Services temporarily or permanently, without it being held liable for this suspension.
6. Updating and maintenance
ONOFF TELECOM may at any time update the Application and the Management Console. These updates may be to maintain the software compatibility, offer new features or versions of the Application or the Management Console, provide security updates or bug corrections etc... ONOFF TELECOM reserves the right to verify the versions of the Application and download configuration modifications and the Application updates. ONOFF TELECOM does not guarantee that the updated Application will always be compatible with the older versions of the Application. Nor does ONOFF TELECOM guarantee it will continue to support a version of the operating system or device for which the User has a license.
The User acknowledges that he/she must always use an updated version of the Application.
ONOFF TELECOM is likely to modify the Application or the Management Console at any time and in this regard carry-out maintenance or updating operations of the Application or the Management Console or the underlying infrastructure which enables the use of the Application or Management Console. ONOFF TELECOM may temporarily suspend or limit the use of all or part of the Application or Services. Except in the case of an emergency, temporary interruptions will be mentioned on the Website before they take place when possible. Under no circumstances will ONOFF TELECOM be liable for losses to the Company in the event of the suspension or limitation of the use of the Application due to maintenance operations being carried out.
7. Description of Services
Once the registration steps have been completed, the User will be able to obtain from ONOFF TELECOM one or more Numbers and/or subscribe to one or more calling plans ("Plans") and benefit from the associated features, according to the instructions given to ONOFF TELECOM by his/her Company and the Profile definition in the Management Console.The assigning of a Number gives access to all the linked Services. The Numbers permit the sending and receivingof phone calls and/or, as the case may be, SMS and/or MMS to and from any person that has a telephone number subject to limitations stated in the following paragraph concerning the call to certain classes of numbers.
The Services do not substitute in any way the primary services of mobile telephony provided by the Telecom Operator with which the User subscribed his/her Telecom Operator Subscription. The User acknowledges and accepts that the Numbers do not make it possible to call all numbers. As a result, the calls that cannot be made from the Application (notably, but not limited to calls to special numbers and emergency numbers) must be made directly from the number associated to the User's Telecom Operator Subscription.
The Numbers allow the sending or receiving ofinstant messages between Users of the Services that have Numbers, except people who do not have the Application.
Each Number can be activated or deactivated via the Application interface. The User may, in the same way, activate or deactivate the various uses of the Numbers (calls, text messages, voicemail and instant messages).
8. Conditions of Use of the Services
The access and use of the Services by the User require (i) the use of the Telecom Operator Subscription, and in particular the SIM card associated to the Telecom Operator Subscription, corresponding telephone credit and access to an Internet network and (ii) a terminal which allows the use of the Services (Smartphone, PDA, tablet or equivalent) and has a recent operating system.
The Company acknowledges and accepts (i) that the subscription and maintenance in effect of the Telecom Operator Subscription, which is indispensable to the use of the Services, is the sole responsibility of the User and that (ii) he/she is solely responsible for the proper functioning of their equipment.
ONOFF TELECOM reminds you that the availability of Services depends on the availability of the Telecom Operator Subscription's communications services and broadband Internet.
When assigned a Number, the Company and the User accept the following rules:
- Neither the Company nor the User have the property rights on the Number, nor do they have the right to keep or maintain the Number indefinitely;
- The User must respect the law, the applicable regulations and these Conditions of Use when using the Application.
- The User must permanently comply with the applicable rules concerning dialing and the particular requirements of assigning Numbers, as well as all the ONOFF TELECOM instructions that may be addressed to him/her concerning the Numbers ;
- The User has the revocable and exclusively personal right to use the Number, notably excluding its assignment, sublet, transfer and generally any deed of disposal or safety.
ONOFF TELECOM reserves the right to modify the conditions of access to the Numbers and the supply of Services, in particular in the event of changes to the applicable legal and regulatory provisions or to take into account any administrative or judicial decision that would be applicable to the modalities of supplying Numbers and associated Services.
The User acknowledges and accepts that the sending and receiving of phone calls and SMS/MMS may require the use of the SIM card associated to the User's Telecom Operator Subscription and phone credits and/or corresponding data. The calls/SMS/MMS sent from, and received by, the Application are counted and/or billed, depending on the case, within the User’s Telecom Operator Subscription.
The use of the Application and as a result the access to Services requires an access to an Internet network. The conditions of access to an Internet network are defined by the User's Telecom Operator Subscription.
9. Service Quality
ONOFF TELECOM applies the security measures necessary to the prevention of incidents and implements the means that enable it to react to an incident in order to limit the unavailability of Services and the impact on Users' data.
With regard to the User, ONOFF TELECOM undertakes to maintain the following level of services with regard to the User:
- an availability to Services within a maximum of 6 hours from the creation of the User Account and the assignment of a Number chosen by the User
- a monthly availability of Services at least equal to 90 %.
The availability of Service includes the material possibility to send or receive communications.
- a re-establishment of Services within 48 hours maximum from the notification of an interruption of Services by the User at the email@example.com.
The interruption of Service includes the material impossibility to send or receive communications.
The levels of service apply when the following conditions are cumulatively fulfilled: the User is located in a zone usually covered by the Service and his/her Telecom Operator Subscription and has equipment compatible with the Application, turned on and in perfectly operational condition.
In the event that ONOFF TELECOM does not fulfill one of the levels of the aforementioned service, the Company has one month to address a request for compensation detailing the User, the incident in question and its duration to the following address: firstname.lastname@example.org. ONOFF TELECOM undertakes to process the compensation requests (i) within five business days following their reception concerning the conformity of the Company's request to the conditions outlined in this article and (ii) the month following their reception for a complete examination. If the request is justified, ONOFF TLELECOM will allocate to the affected Company a compensation equivalent to one month of subscription to the affected Service.
However, these compensation requests are not acceptable in the following cases:
- if the User is at fault or if it is due to improper use by the User and/or his/her correspondents of the Service,
- if it is due to improper configuration of the Application,
- if it is due to non-compliant use of the Application,
- if it is due to the transmission of radio-electric signals affected by constraints or limits of the technical norms imposed on the operator to which the User subscribed his/her Telecom Operator Subscription from or a partner operator of ONOFF TELECOM by the regulatory authorities or competent regulatory organizations,
- in the event of ONOFF TELECOM or ONOFF TELECOM partner maintenance operations
- in the event of perturbation and /or interruption not directly attributable to ONOFF TELECOM,
- in the event of total or partial perturbation and/or unavailability, and/or interruption of all or part of the services offered on the network of the mobile telephone operator with which the User has subscribed his/her Telecom Operator Subscription,
- in the event of force majeure.
10. Hosting of communications content
ONOFF TELECOM undertakes to ensure the security, confidentiality and integrity of communication going through the Application in accordance with the applicable legal and regulatory obligations.
However, the content stored, used, transmitted and received by the User thanks to the Application is their entire responsibility. It is the User's responsibility to be careful to not breach the legal and regulatory provisions inforce, in particular those relative to the intellectual property rights attached to certain contents.
The User is solely responsible for the use he/she makes of or that he/she intends to make use of concerning the features of the Application and the User Content. ONOFF TELECOM does not ensure the control or the promotion of the User Content. ONOFF TELECOM takes no responsibility concerning the User Content whatever it may be, including, but not limited to, the media shared via the use of the Application. Furthermore, the User acknowledges and accepts that ONOFF TELECOM has no control over the User Content and that it is not obligated to a general monitoring of the content. In addition, ONOFF TELECOM has no control over the websites and external sources to which hyperlinks accessible via the Application are redirected.
Any User has the possibility of notifying ONOFF TELECOM of any illicit User Content or content violating the rights of the User so as to request its removal. The User will be, in this case, solely responsible for the complaint that he/she will have made to ONOFF TELECOM. The User recognizes and agrees that any complaint filed by him/her could be used in the event of an eventual legal procedure. The User equally recognizes and agrees that any inexact information, false or fraudulent, commits him/her to civil and legal liability.
Any complaint or notification falsely accusing User Content of violating the rights of the User making the notification or violating the rights of a third party while aware of the inexactitude of this declaration makes the notifying User liable to prosecution. The notifying User could then be sentenced to pay damages and interest, for the legal fees or/expenses incurred by him/her, as well as any holder of rights having suffered damages due to the trust given by ONOFF TELECOM concerning this inexact declaration. The notifying User, in this case, will if need be, equally be subject to prosecution.
The Company declares and guarantees having informed each of the Associates of the following elements:
- a User can only publish or download User Content if he/she has the consent, authorization and necessary permits.
- A User can use, publish, or include a personal element to a third party within the User Content only if he/she has the explicit authorization, consent, or permission of this person in this regard.
By publishing or downloading this User Content, the Company and each of the Users recognize and agree to grant ONOFF TELECOM a non exclusive worldwide permit to use this Content, which is irrevocable, royalty-free, prone to sublicence, and User rights that may be transfered, modified, represented, translated, exploited, edited, included, recorded, adapted, or reproduced in any way. This licence is granted for the maximum duration of protection by the rights of intellectual property of User Content published or downloaded by the User. The User equally agrees to grant each User of the Application a non exclusive licence to access the User Content and use, copy, distribute, represent, display or transmit this content, in accordance with the Conditions of Use of the Application.
The Company and each of the Users safeguard ONOFF TELECOM of any claim made by third parties or other Users on the grounds that the User Content would constitute a violation of the rights of intellectual or industrial property claimed by third parties or other Users, ONOFF TELECOM cannot be pursued or concerned with this matter.
In view of the applicable law, ONOFF TELECOM reserves the right, though there is no obligation to control the User Content, to access the said User Content at any moment and without prior notification, to respect the User Conditions, verify any violation or presumed violation of the rights of a third party, to verify the responsibility of the Users, following the complaints of individuals and/or the requests of authorities, and to take the necessary measures, including the removal of the User content, the temporary suspension or cancellation of Services.
11. Intellectual property
The application contains exclusive and confidential information protected by the laws and treaties on intellectual property. ONOFF TELECOM has the exclusive property of the Application and the User is prohibited, directly, indirectly, or through an intermediary third party, to violate, threaten or limit, by whatever means, the intellectual property rights that ONOFF TELECOM owns concerning the Application. Likewise, any reproduction, representation, adaptation, modification, translation, transformation, distribution, integration, with any equipment, for any business operation or not and/or to reuse in any way all or part of the elements comprising the Application is strictly forbidden. ONOFF TELECOM, the trade names and associated logos are trademarks owned by ONOFF TELECOM.
The User benefits, provided he/she accepts and respects the Conditions of Use, of a limited right of use, which is non exclusive, non transferable, non assignable, free of charge, so as to download and install the Application on a device, a Smartphone or tablet and to use the Application for personal use through the User Account. This right is granted to the User for the entire duration of this contract and throughout the territory in which ONOFF TELECOM markets its Services.
The User is forbidden to:
- Grant the licence, sell, transfer, lease, export, import, distribute or transfer or give rights to a third party on the Application;
- In any way, modify, copy, decompile, reverse engineer, disassemble all or parts of the elements that make up the Application, or even attempt to extract the source code, or create works derived from all or part of the Application or its updates, except in cases in which the applicable law would not apply;
- Directly or indirectly, create a derived work, search for the source code or the software protocols of the Application (only to the extent allowed by the law) ;
- Delete, hide or modify the mentions of trademark rights or other mentions of property included in the Application.
Any action mentioned above will be considered as a violation of the rights of ONOFF TELECOM. Any non-compliant use of the Application can entail legal proceedings.
This article will govern any update provided by ONOFF TELECOM that replaces and/or is added to the Application, except if it is ruled by its own licence.
12. Personal data
Due to the purpose of the Service and its related confidentiality, registration with the universal directory will not be carried out by ONOFF TELECOM. However, the User may request their registration with the universal directory by explicit request addressed to ONOFF TELECOM at the following address: email@example.com. In this case, the User will communicate, under his/her responsibility, their contact information (phone number and surname, first name or initials, providing homonymy, company name, complete postal address or not, email, profession or activity) so that they appear free of charge on the lists of ONOFF TELECOM intended for directory and information service publishers.
13. Financial conditions
All applicable rates of Services, and in particular those that apply to Numbers, to phone plans and to ONOFF credits, are mentioned, regularly updated and available via the Application or the Management Console. The Services provided to Users by ONOFF TELECOM are billed to the Company in accordance with the rates in effect on the day of subscription to the related Service.
In case of modification of the applicable rates, ONOFF TELECOM will inform the Company at least a month before the modified rates come into effect. The company will then be able to cancel the related Service through the intermediary of the Management Console under the conditions defined in article 15.
The subscription to each Number is subject to payment of a variable flat rate depending on the category of the said Number.
The subscription to the Services will be automatically renewed at the end of each period, for the entirety of the Users, except for the cancellation of the Company Account. The renewal of the subscription will entail billing and payment of the corresponding amount.
The Company will pay every month the entirety of the subscribed Services in advance by using ONOFF credits. To that end, the Company will have to verify that the Company Account always has sufficient ONOFF credits so as to cover the entirety of costs related to the payment of Numbers and phone subscriptions for the following period, as well as those related to the communications (calls/SMS/MMS) of Users not included in the subscribed services for the current period. The Company will credit its company account through the purchase of ONOFF credits via the Management Console and the payment methods proposed for this purpose by ONOFF TELECOM.
Every purchase of ONOFF credits will be subject to electronic billing made available to the Company either by email or through the intermediary of the Management Console.
The Company will have ninety (90) days following the billing date to dispute the sums they were billed for by supplying all the necessary justification. After this deadline, the Company will no longer be able to request any reimbursement.
ONOFF TELECOM has the right to refuse any request for reimbursement if it is considered that (a) there is no basis for the request of the Company, or (b) that the Company has not respected the Conditions of Use.
14. Modifications of the Conditions of Use
ONOFF TELECOM informs the Company of any modification of the Conditions of Use before they come into effect. If the Company refuses that this modification be applied to the Services in effect, it must terminate its contract in the month following the modification of the information, under the conditions of article 15. If not terminated before this deadline, the modified Conditions of Use will automatically apply following this deadline.
15. Effective date, duration and termination
The Contract will take effect on the date of the creation of the Company Account and will stay in effect until the termination with the two following conditions: (i) the termination by one of the Parties of the entirety of the Services provided for the entirety of the Users and (ii) the Company’s deletion of their Company Account.
On the date that the Contract termination comes into effect for the Company, this will have the following consequences:
- All licences and Conditions of Use of the Application will come to an end;
- Each of the Users will have to stop using the Application;
- Each of the Users will have to delete the Application from all hard drives, networks, storage devices, and destroy all copies in their possession, or under its control ;
- ONOFF TELECOM will be able to block the access to User Accounts and/or the Application ;
- ONOFF TELECOM will be able to erase data related to the User Accounts.
The termination of a particular Service will have the same consequences as those mentioned above, which will be limited to the terminated Service.
Furthermore, each party will be able to terminate the Contract due to another’s Party’s fault without a formal notice being necessary, this being due to only the failure of the Party at fault. It is agreed that the following cases will entail the termination of the Contract by ONOFF TELECOM.
- If the Company breached the Conditions of Use;
- If the information provided by the Company in its Company Account is inexact;
- If ONOFF TELECOM suspects an illegal or fraudulent use of the Application or that is contrary to the rights of a third party;
- If ONOFF TELECOM suspects that the Company is trying to wrongly profit from one of the policies of ONOFF TELECOM, whatever it may be, or to misuse them;
ONOFF TELECOM will be able to end its relationship with the Company, at any moment provided adherence to a minimum notice of one month before the end of the duration of commitment.
If ONOFF TELECOM decides to no longer offer a particular Service, it may terminate the said Service without any penalty, provided adherence to a minimum notice of one month.
Any termination by ONOFF TELECOM will be sent to the Company by e-mail.
The Company understands and accepts that the fact a User does not use a Number as defined in the General Conditions of Use will entail the automatic termination in full right of the Number as well as the data related to the use of the Number (for example: SMS, call history, phone messages, etc.).
Without prejudice to the possibility of terminating the contract, ONOFF TELECOM can suspend the Services or the access to the Application of a User by simply writing the concerned User in the following cases:
- If the User violated the Conditions of Use;
- If the information given by the User in his/her User Account are inexact or if the mobile number of the User given by the provider from whom the User subscribed to a Telecom Operator Subscription is no longer valid;
- If ONOFF TELECOM suspects an illegal or fraudulent or abnormal use of the Application or one that is inconsistent with the rights of third parties;
- If ONOFF TELECOM suspects that a User is trying to wrongly profit from the policy of reimbursement or from one of the other policies of ONOFF TELECOM, whatever they may be, or to misuse them;
- If ONOFF TELECOM supects that the User Account is the subject to fraudulent use by a third party.
ONOFF TELECOM is equally capable of interrupting the use of the Application under certain conditions, including but not limited to, the impossibility of ensuring the Service, external problems that make the implementation of the Service difficult or imprudent, technological progress, the necessity to modify the Application or the Services.
17. Guarantee and Responsability
Based on the applicable legal provisions, the Application is given «as it is» and will be used at the own risk of the User, without any guarantee. In this manner, the User is solely responsible for the preservation, the security and integrity of the data, the hardware and software, as well as the confidentiality of his/her password and username of the User Account and others in the context of the use of Services.
ONOFF TELECOM does not take any responsibility concerning the content vis-a-vis any third party or User, he/she being solely responsible for the User Content submitted, created, posted or published with the Application.
ONOFF TELECOM makes great efforts to ensure the confidentiality of information and content published with the Application.
ONOFF TELECOM does not guarantee that the Application will always be available, accessible, uninterrupted, reliable, and without errors. Furthermore, no guarantee is given concerning internet connection or transmission, or the quality of calls made with the Application.
In the event that a third party files a claim against ONOFF TELECOM in relation to, or following (i) any violation on the part of the User of the Conditions of Use, (ii) any violation on the part of the User of any law or applicable regulation, (iii) any violation on the part of the User of the rights of a third party (including the rights to intellectual property), (iv) his/her User Content, or (v) his/her claim concerning User Content, the Company and User will jointly ensure ONOFF TELECOM of all damages, responsibilities, losses, conviction, costs and expenses (including legal fees and reasonable costs) that would ensue.
Subject to the above and in accordance with the applicable law, ONOFF TELECOM would not be held responsible for the Company or the User, whether or not ONOFF TELECOM was informed of the possibility of such damages or losses for:
- Indirect damages and notably any damage, loss, perte, or data corruption;
- Damages related to a third party or in the case of a force majeure;
- Any claim, damage or loss resulting from, or related to:
- The inability of a User to use all or part of the Application or its features;
- The inability of the User to take the necessary measures to contact the emergency service;
- The inability of the User to provide precise information on the physical location to an emergency service;
- The conduct of third party emergency service providers and phone centers with which the User is put into contact.
The Services do not replace in any way the primary mobile phone service offered by the provider from which the User subscribed to his/her Telecom Operator Subscription. The User acknowledges and accepts that the Numbers do not allow making calls to all types of numbers. Consequently, the calls that cannot be made from the Application (that is to say calls made to special numbers, international and emergency calls) will have to be made directly from the phone of the User. ONOFF TELECOM reserves the right to allow Users to call types of numbers added after the start of the Services.
In addition to what precedes, ONOFF TELECOM is not responsible to the Company or User, whether ONOFF TELECOM was informed or not of the possiblility of such damages or losses, for:
- Any indirect damage, and notably, any loss of income, contracts, actual or expected profits, chance, brand image or reputation, customer base or revenues;
- Any damage or data corruption;
- Any complaint, damage or loss resulting from, or related to:
- The inability of the User to use all or part of the Application or its functions;
- The inability of the User to take the necessary measures to contact the emergency services
- The inability of the User to provide specific information on the physical location to an emergency service;
- The conduct of third party emergency service providers and phone centers with which the User is put into contact.
- Any damages above an amount, all damages combined, corresponding to a total amount paid by the User for the Services over a period of twelve (12) months immediately preceding the date of occurrence of the claim in question.
18. Force majeure
ONOFF TELECOM cannot be held responsible when the breach results from a case of force majeure.
The following are considered cases of force majeure, as long as they are not because of ONOFF TELECOM and outside of their control: exceptionally adverse weather conditions, natural disasters, fires and floods, lightning, electronic overvoltage, terrorist attacks, internal or external strikes, failures or internal or external breakdowns such as breakdowns related to the telephone network and all those coming from the mobile phone provider from which the User has a Telecom Operator Subscription, and in general any unstoppable and unpredictable event that does not allow the proper functioning of the Application.
19. Resolution of legal disputes – applicable law
ONOFF TELECOM provides the Company and User an assistance service accessible by e-mail at the following address: firstname.lastname@example.org. Any claim must be made by sending an email to the following address: email@example.com. ONOFF TELECOM is committed to sending an answer to any claim or request for reimbursement within 30 days of reception. In the case of non compliance of this deadline, ONOFF TELECOM commits to, by request for compensation justifying non compliance of this commitment being sent to the following address: firstname.lastname@example.org and allocates the affected Company a compensation equivalent to a month of subscription for the concerned Service.
In the case of a legal dispute resulting from the interpretation or execution of a Contract, the parties will try to find an amicable solution. Any Company established in France is informed that it can reach, free of charge, the electronic communctions Mediator on the website: www.mediateur-telecom.fr for any dispute with ONOFF TELECOM.
In any case, The Company can call on the relevant jurisdiction if a dispute is related to the interpretation or execution of the Contract.
The Conditions of Use and terms of service provision are subject to Estonian law.