GENERAL TERMS AND CONDITIONS OF USE OF ONOFF TELECOM

Before accessing the Services offered by ONOFF TELECOM, the User is invited to read carefully these  general terms and conditions of use. They define the terms of provision of the Services and the conditions of use of the Application.

The author is the company ONOFF TELECOM, a simplified joint stock company, registered in the Paris Trade and Companies Register under number 832 235 253 and having its registered office at 26 boulevard de Bonne Nouvelle 75010, Paris, France,  (“ONOFF TELECOM”)  . ONOFF TELECOM has developed an Application called ONOFF offering secondary contact management and communications services.

Access to the Services by the User is subject to prior acceptance of the Terms of Use.

The Terms of Use can only be validly accepted by a user (a) legally authorized to use the Application in the country where he is located and (b) of legal age to conclude a legally binding contract with ONOFF TELECOM.

1. Definitions

In these Terms of Use, the following terms have, unless otherwise specified, the following meanings:

Operator Subscription: refers to the contract for mobile telephony and mobile broadband Internet services signed by the User with a third-party operator prior to the use of the Services and independently of ONOFF TELECOM.

Application: means any application (including the software called ONOFF), developed and operated by ONOFF TELECOM, downloadable on the application distribution platforms and allowing the User to benefit from the Services. The term Application also refers to the solution allowing the use of Numbers through applications belonging to third parties (Microsoft Teams or Zoom).

User Account: refers to the personal account created by the User in order to use the Application.

Terms of Use: refers to these general conditions of use governing, together with the Personal Data Protection Policy, the contractual relations relating to the provision of the Services by ONOFF TELECOM to the User.

User Content: means the content published by the User via the Application.

ONOFF Credits: refers to credits to purchase Services, including Numbers, make phone calls and/or send SMS.

Number(s): refers to the mobile phone number(s) of the national numbering plan assigned to the User by ONOFF TELECOM and allowing the identification of the User via the Application.

Personal Data Protection Policy: refers to the personal data protection policy defined by ONOFF TELECOM and available at  https://www.onoff.app/privacy-policy/ .

Service(s): refers to all secondary services for managing paid or free contacts and communications offered by ONOFF TELECOM and accessible from mobile access by the User via the Application in accordance with the Terms of Use.

Website: refers to the site accessible at www.onoff.app , operated by ONOFF TELECOM.

User: means the holder of a User Account and the holder of a license to use the Application in accordance with the Terms of Use.

2. Purpose of the Terms of Use

The Terms of Use apply to the Services marketed and operated by ONOFF TELECOM and are intended to define the practical and financial conditions under which the User will be able to (i)  create his User Account,  (ii) be granted a non-exclusive license to use the Application and (iii) be able to use the Application and the Services.

ONOFF TELECOM may, by operation of law, modify its service offers and/or make changes to the Terms of Use without any other formality than to inform the User in advance by any means at his convenience. In the event that the User does not wish to accept the application of the new Terms of Use, he may notify his wish to terminate the Contract entered into with ONOFF TELECOM. The fact that the User does not terminate the Contract will carry his unreserved acceptance of the new version of the Terms of Use.

Access to the Services is subject to prior acceptance of the Terms of Use. The User will accept the Terms of Use (i)  by clicking to accept the Terms of Use or  (ii) by creating his User Account. 

If access to the Application and/ or services has been through a third party, separate terms of use presented by this third party may also apply to the user’s access to the  Services.  These conditions will also be applicable to the provision of the Services and must be respected by the User.

3. Access to and use of the Application and Services

Subscription to the Services may be made, as the case may be, directly with ONOFF TELECOM or with a third party, such as an application distribution platform.

Access to and use of the Services require (i) the use of the SIM card associated with the Operator Subscription, (ii) a terminal allowing the use of the Services (Smartphone, PDA, tablet or equivalent) and having a recent version operating system and (iii) access to the Internet network.

The operation of the Application and the Services requires the prior subscription by the User – at his own expense – of an Operator Subscription including (i) the possibility of making and receiving telephone calls and / or SMS and (ii) high-speed mobile Internet access as well as the corresponding telephone credit.

The subscription and maintenance in force of the Operator Subscription, essential for the use of the Application, are the sole responsibility of the User. The User must be equipped with a terminal allowing the use of the Application (Smartphone, PDA, tablet or equivalent) and having a recent version operating system and regularly updated. The User is solely responsible for the proper functioning of his terminals.

The User acknowledges that the effective use of the Application depends on the availability of communications and high-speed Internet services of the Operator Subscription he has subscribed to. In addition, usage limits and geographic restrictions specific to the Application may vary. Thus, the User is advised to regularly consult the Website in order to know in more detail the restrictions of use and the recent changes made to the Application.

Once the Application is installed on his terminal, the User will be able to access his User Account with  the username and password  that he will have defined when creating the UserAccount. His password is personal and confidential and must not be shared with any third party in order to prevent any unauthorized use of the User Account. The User is solely responsible for the confidentiality of his password.

ONOFF TELECOM reserves the right to suspend, refuse or cancel the subscription to the Contract or to suspend the performance of the Contract if one of the following conditions is not respected (i)  the settlement at maturity of all debts contracted by the User with ONOFF TELECOM under another contract,  (ii) the provision of all the supporting documents requested by ONOFF TELECOM,  (iii)  the agreement given by the bank payment centers concerned and  (iv)  the exact statements of the User. In this case, the subscription request will be automatically refused or cancelled and the User notified by email.

During the contract, ONOFF TELECOM reserves the right to carry out and/or have carried out any additional investigation, in particular on the elements transmitted by the User  and, in case of reasonable doubt about the user of the Service or the documents that have been transmitted in support of the subscription, to refuse or cancel any subscription to the Contract. In this case, the subscription request will be automatically refused or cancelled and the User  notified by email.

ONOFF TELECOM reserves the right to delete at any time a User Account that does not comply with the applicable legal provisions, the rights of third parties or that does not comply with the Terms of Use. This would be the case, for example, of a User Account created on the basis of a false surname or an invalid e-mail address.

4. Description of the Services

Once the registration steps have been completed, the User may obtain from ONOFF TELECOM one or more Numbers and/or subscribe to one or more call packages and benefit from the associated features. Depending on the regulations applicable to subscribed Numbers, ONOFF  TELECOM may be required to request additional information to that collected during the creation of the User Account  relating  to the identity or location of the User.

The assignment of a Number gives access to all linked Services. The Numbers make it possible to make and receive telephone calls and/ or, where appropriate, SMS and/or MMS to and from any person with a telephone number subject to the limitations set out in the following paragraph concerning calls to certain classes of numbers.

The Services are in no way a substitute for the primary mobile telephony service provided by the operator with whom the User has subscribed to his Operator Subscription. The User acknowledges and accepts that the Numbers do not allow calls to be made to all numbers. Consequently, calls that cannot be made from the Application (i.e. in particular but not exhaustively calls to special numbers and emergency numbers) must be made directly from the number associated with the User’s Operator Subscription.

5. Restrictions on use of the Application

The User must make normal use of the Application and the associated Services and acknowledges that ONOFF TELECOM may put in place measures to prevent any obvious misuse of the purpose of the Services.

ONOFF TELECOM will evaluate the normal use of the Services in comparison with the uses of other Users. Consumption will be considered abnormal, in that it will be considered to constitute a diversion of the purpose of the Services, if it deviates substantially from the average consumption of Users.

The User is further informed that the following uses, without this list being considered exhaustive, are considered abnormal:

  • the issuance of more than fifteen (15) calls in less than three (3) minutes from a User Account,
  • the issuance of calls of more than 2 hours from a User account,
  • the use of the Application and / or the Services for the realization of a marketing campaign for commercial purposes, spamming, the provision of automated services,
  • the resale or attempted resale of the Services to third parties,
  • the use of Numbers from a given country without being able to justify a stable link involving a frequent and significant presence in that country.

If ONOFF TELECOM detects an abnormal use of the Services, it will notify the User of the abnormal nature of the use of the Services. ONOFF TELECOM may then immediately suspend the Services temporarily or permanently, without its liability being incurred under this suspension.

The User must use the Application in compliance with applicable law and regulations 

The User must in no case make unauthorized use of the Application or Services, that is to say contrary to the above. The User is further informed that the following uses, without this list being considered exhaustive, are considered unauthorized:

  • harm or attempt to harm the Application, and in particular:
    • use a method designed to distort, alter, modify, disassemble, erase the Application, protocols and communications, such as, but not limited to, viruses, Trojan horses, a worm, logic bombs, etc.;
    • alter or attempt to alter the Application, its functionality or availability;
    • circumvent, disable or disrupt functions related to the security of the Application and its integrity (or that of any electronic equipment whatsoever), or functions that prevent or limit the use of the content of the Software;
    • use an automated system in order to access the Application.
  • upload and/or share inappropriate content (illegal, offensive to human dignity, sexual, defamatory, abusive, racist or any other content that may engage the civil or criminal liability of the person who publishes it);
  • engage in activities that infringe on the privacy of others, including by impersonating another person;
  • modify, intercept or monitor any communication not intended for it;
  • harvest information from the Application that would allow personal identification including account names;
  • use the Application in order to send, or help others to send, unwanted messages. All unsolicited messages and contact requests (“spam”, “SPIT or Spam over Internet Telephony”, “junk mail” or misleading and misleading content) and sent in bulk, whether in the form of e-mails, calls, instant messages or other, are considered to be undesirable;
  • use the Application for phishing, identity theft or misdirection;
  • use the Application to embarrass, threaten, harass or invade the privacy of a third party, or expose a third party to offensive, indecent or dangerous content;
  • Infringe the intellectual property rights of ONOFF TELECOM, another User, or a third party, and in particular:
    • use in any way whatsoever any content subject to proprietary rights not belonging to the User, unless the User holds a license or the express permission of the owner of the rights;
    • resell or market the Application, while it is intended for the User’s personal use.

In addition, the User is expressly reminded that, in accordance with regulations establishing the national numbering plan and its management rules, any Number may not be used as a “secondary number” for the provision of telephone or messaging services by SMS or MMS, the subscriber of which can be reached without any restriction by any user of a telephone service to the public or sms or mms that since these services can only be used from mobile access.

It is also recalled that this “secondary” number may be provided by an operator different from the one that provides mobile access to the User.

Finally, it is recalled that a Number can only be assigned to a User habitually or temporarily residing, or justifying stable links involving a frequent and significant presence, in the territory corresponding to this Number. 

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 and/or terminate the contract with the User, without its liability being incurred for such suspension  or termination.

6. Update and maintenance

ONOFF TELECOM may at any time update the Application.

These updates may be intended to maintain software compatibility, offer new features or versions of the Application, provide security updates or bug fixes, etc. ONOFF TELECOM reserves the right to check the versions of the Application and download configuration changes and updates to the Application. ONOFF TELECOM does not guarantee that the updated Application is always compatible with older versions of the Application. ONOFF TELECOM also does not guarantee to continue to support a version of the operating system or device for which the User has a License.

The User   acknowledges  that he  has to constantly use an up-to-date version of the Application.

ONOFF TELECOM may modify the Application at any time and for this purpose to carry out maintenance or upgrade operations of the Application or the underlying infrastructure allowing the use of the Application. ONOFF TELECOM may in this context temporarily suspend or limit the use of all or part of the Application or services. Except in cases of emergency, temporary interruptions will, as far as possible, be notified on the Website before they occur. ONOFF TELECOM will in no case be liable for damages to the User in the event of suspension or limitation of the use of the Application due to the conduct of maintenance operations.

7. Terms of Use of the Services

By being assigned a Number, the User accepts the following:

  • the User has no ownership right over the Number(s), nor does it have any right to the permanent storage or maintenance of the Number(s);

  • the User must use the Application in compliance with applicable law and regulations and the Terms of Use;

  • the User must comply at all times with the applicable numbering rules and the special requirements for the assignment of Numbers as well as with any instructions that ONOFF TELECOM may send him with regard to the Number(s);

  • the User   has a revocable right to use the Number, excluding in particular its assignment, subletting, transfer, portability or more generally any act of disposition or security.

ONOFF TELECOM reserves the right to modify the conditions of access to the Numbers and provision of the Services, in particular in the event of a change in the applicable legal and regulatory provisions or to take into account any administrative or judicial decision that would be applicable to the terms of provision of the Numbers and associated Services.

The User acknowledges and accepts that the transmission and reception of telephone calls and SMS/MMS may require  the use of the SIM card associated with the Operator Subscription and the corresponding telephone and/or data credits. Calls/SMS/MMS made and received from the Application are counted and/or invoiced, as the case may be, as part of the User’s Operator Subscription.

The use of the Application and consequently access to the Services require access to the Internet network. The conditions of access to the Internet network are defined by the User’s access provider as part of the Operator Subscription.

ONOFF TELECOM reserves the right to suspend access to the Services at any time to any User who would use the Application in violation of applicable legal and regulatory provisions,  the rights of third parties or the Terms of  Use.

8. Quality of Service

ONOFF TELECOM applies the security measures necessary for the prevention of incidents and implements the means allowing it to react to an incident to limit the unavailability of the Services and the impact on users’ data.

ONOFF TELECOM undertakes to achieve, in the covered area, the following levels of service:

  • availability of the Services within a maximum period of six (6) hours from the creation of the User Account and the assignment of the Services to the User,

  • a monthly availability of the Services at least equal to 90%, the availability of the Service being understood to mean the material possibility of transmitting or receiving a communication,

  • a reinstatement of the Services within a maximum period of forty-eight (48) hours from the notification of the interruption of the Services to the customer support service (the “Support”)  of ONOFF TELECOM accessible through the Website. Interruption of the Service means the material impossibility of transmitting or receiving a communication.

The service levels apply when the following conditions are cumulatively met: (i)  the User is located in an area usually covered by the Service and its Operator Subscription and  (ii)  has a terminal compatible with the Application, lit and in perfect working order.

In the event that ONOFF TELECOM does not reach one of the aforementioned levels of service, the User   will have a period of one (1) month to send a request for compensation specifying the User, the incident concerned and its duration to the Support. ONOFF TELECOM undertakes to process requests for compensation  (i)  within five (5) working days of their receipt with regard to the compliance of the User’s request with the conditions detailed in this article and  (ii)  within one month of their receipt for their full examination. If the request is justified, ONOFF TELECOM will award  theaffectedUser compensation equivalent to one (1) month of subscription to the affected Service.

However, such claims for compensation shall not be admissible in the following cases:

  • in the absence of a request for compensation made by the User  within one (1) month of non-compliance with the aforementioned levels of services,

  • in the event of fault on the part of the User concerned or misuse by the User and/or his correspondents of the Service,

  • in case of incorrect configuration of the Application,

  • in case of non-compliant use of the Application,

  • in the event of the transmission of radio signals affected by the constraints or limits of the technical standards imposed on the operator with whom the Operator Subscription is subscribed or on the operator(s) partner(s) of ONOFF TELECOM by the competent regulatory authorities or regulatory groups,

  • in the event of a maintenance operation by ONOFF TELECOM or the operator(s) partner(s) of ONOFF TELECOM,

  • in the event of a disturbance or interruption not directly attributable to ONOFF TELECOM,

  • in the event of disruption and/or total or partial unavailability, and/or interruption of all or part of the services offered on the networks of the operator with whom the Operator Subscription is subscribed,

  • in case of force majeure.

 

9. Hosting of communications content

ONOFF TELECOM undertakes to ensure the security, confidentiality and integrity of communications made by the Application in accordance with the applicable legal and regulatory obligations.

Nevertheless, the contents stored, used, transmitted and received by the User through the Application are under his sole responsibility. It is the User’s responsibility to ensure that he does not violate the legal and regulatory provisions in force, in particular relating to the intellectual property rights attached to certain content.

The User is solely responsible for the use he makes or intends to make of the functionalities of the Application and the User Content. ONOFF TELECOM does not ensure the control or promotion of User Content. ONOFF TELECOM assumes no responsibility for any such User Content, including, without limitation, media shared through the use of the Application. In addition, the User acknowledges and accepts that ONOFF TELECOM does not exercise any a priori control over the User Content and that it is not bound by a general obligation to monitor such content. Similarly, although it has access to User content, ONOFF TELECOM has no control over the sites and external sources to which hypertext links accessible via the Application redirect. ONOFF TELECOM is authorized to communicate any User content at the request of any administrative or judicial authority.

Any User has the possibility to notify ONOFF TELECOM of any User Content that is illegal or infringes the User’s rights in order to request its withdrawal. The User will, in this case, be solely responsible for the complaint he has filed with ONOFF TELECOM. The User acknowledges and agrees that any complaint lodged by him may be used in the context of any legal proceedings. The User also acknowledges and agrees that any inaccurate, false or misleading information may engage his civil and criminal liability.

Any complaint or notification falsely accusing User Content of infringing the rights of the notifying User or the rights of third parties, by having knowledge of the inaccuracy of this statement, makes the notifying User liable to prosecution. The notifying User could thus be ordered to pay damages, costs and/or legal costs incurred by the latter, as well as by any rightholder who has suffered damage as a result of the trust placed by ONOFF TELECOM in this inaccurate declaration. The notifying User, in this case, may also, if necessary, be the subject of criminal proceedings.

The User declares and guarantees:

  • it must only publish or upload User Content if it has the necessary consents, authorizations and licenses.
  • it must only use, publish or include any personal element to a third party within the User Content if it has the express permission, consent or permission of that person to that effect.

By publishing or downloading User Content, the User agrees and agrees to grant ONOFF TELECOM a non-exclusive, irrevocable, royalty-free, sublicensable and transferable worldwide license to all rights of use, modification, representation, translation, exploitation, edition, inclusion, recording, adaptation, reproduction and others. This license is granted for the maximum period of protection by intellectual property rights of the User Content published or downloaded by the User. 

The User guarantees ONOFF TELECOM against any claim brought by third parties or other users on the grounds that the User Content would constitute a violation of the intellectual or industrial property rights claimed by third parties or other Users, ONOFF TELECOM cannot be sought or worried about it.

Under applicable law, ONOFF TELECOM reserves the right, although it has no obligation to monitor User Content, to access such User Content at any time and without prior notification, in order to verify compliance with the Terms of Use, to verify any violation or alleged violation of the rights of third parties, to verify the liability of Users following complaints from individuals and/or requests from authorities, and to take the necessary measures, including the removal of User Content, temporary suspension or termination of the Services.

10. Intellectual property

The Application contains proprietary and confidential information protected by intellectual property laws and treaties. ONOFF TELECOM retains the exclusive ownership of the Application and the User is prohibited, directly, indirectly or through third parties, from infringing, endangering or limiting, by any measure whatsoever, the intellectual property rights that ONOFF TELECOM has on the Application. Similarly, any reproduction, representation, adaptation, modification, translation, transformation, dissemination, integration, in other material, commercial exploitation or not and / or reuse in any way whatsoever of all or part of the elements composing the Application is strictly prohibited. ONOFF TELECOM, the trademarks and associated logos are trademarks owned by ONOFF TELECOM.

The User has, subject to acceptance and compliance with the Terms of Use, a limited, non-exclusive, non-transferable, non-transferable, non-transferable right, free of charge, in order to download and install the Application on a terminal, such as Smartphone or tablet, and to use the Application on a personal basis through his User Account. This right is conferred on the User for the entire duration of this Contract and throughout the territory in which ONOFF TELECOM markets the Services.

The User shall refrain from:

  • license, sell, assign, rent, export, import, distribute or transfer or grant rights to any third party in the Application;

  • in any way, modify, copy, decompile, reverse engineer, disassemble all or part of the elements composing the Application, or attempt to derive the source code, or create derivative works from all or part of the Application or its updates, except where otherwise provided by applicable law;

  • directly or indirectly, create a derivative work, search for the source code or protocols of the Software of the Application (except to the extent permitted by law);

  • remove, hide or modify trademark or other proprietary notices included in the Application.

Any action set out above will be considered a violation of the rights of ONOFF TELECOM. Any non-compliant use that the Application may lead to legal proceedings.

This section will govern any update provided by ONOFF TELECOM that replaces and/or adds to the Application, unless it is accompanied by a separate license.

11. Personal data

The collection and use of the User’s personal data is defined in the Personal Data Protection Policy.

Due to the purpose of the Service and the associated confidentiality, registration in the universal directory will not be carried out by ONOFF TELECOM. However, the User may request his registration in the universal directory by express request addressed to ONOFF TELECOM at the following address:  [email protected]. In this case, the User will communicate, under his responsibility, his contact details (telephone number and surname, first name or initials subject to homonymy, company name, postal address complete or not, e-mail address, profession or activity) so that they appear free of charge in the lists of ONOFF TELECOM intended for publishers of directories and information services.

12. Financial conditions

To the extent that the Application and the Services use the Operator Subscription, the User acknowledges and accepts that this use may give rise to billing of the User by his operator as part of his Operator Subscription. In particular, the use of the Application through the mobile broadband Internet access of the Operator Subscription will be deducted and / or invoiced, as the case may be, as the case may be, as part of the Operator Subscription. Calls/SMS/MMS made and received from the Application may be counted and/or invoiced, as the case may be, as part of the User’s Operator Subscription. In case of use of the Services outside the territory where the User is established, additional roaming charges may be charged by the operator with whom the User has subscribed to his Operator Subscription.

For the sake of clarity and transparency with the User, ONOFF TELECOM expressly indicates that even incoming calls (i.e. received) from the Application may, in certain cases, be invoiced as outgoing calls (i.e. issued) as part of its Operator Subscription by the operator with whom it has subscribed to its Operator Subscription and at the rate in force provided by the said operator. This system makes it possible to guarantee the User the absolute confidentiality of his calls made and received from the Application.

All rates applicable to the Services and,  in particular, those applicable to Numbers, call packages and ONOFF Credits, are mentioned, regularly updated and available via the interface of the Application. The Services provided by ONOFF TELECOM are invoiced to the User in accordance with the price in force on the day of subscription of the Service concerned.

In the event of a change in the rates applicable to a Service subscribed by a User during the subscription period selected by the User, ONOFF TELECOM will inform the User at least one month before the entry into force of the modified tariff. The User may then terminate the Service concerned under the conditions defined in Article 16.

The subscription to each Number is subject to the payment of a fixed price that varies according to the subscription period selected by the User from among the predetermined durations offered to him. The Numbers are divided into several categories, each with its own price list appearing in the Application interface.

The issuance of telephone calls to fixed or mobile numbers and the sending of SMS may be subject to the purchase of ONOFF Credits. The User may purchase ONOFF Credits at the price defined in the tariff annex in force on the day of purchase.

The User acknowledges and agrees that:

  • ONOFF Credits are counted in one-minute increments and rounded up to the next;
  • ONOFF Credits have a validity period of one hundred and ninety (190) days from the date of purchase. At the end of this period, any ONOFF Credit that has not been used will be permanently lost. However, any new purchase of ONOFF Credits during this period interrupts this period. A new validity period of one hundred and ninety (190) days starts to run again from the date on which the User purchased new ONOFF Credits. This new period of validity applies to all ONOFF Credits subscribed by the User.

Any promotional offers that may be offered by ONOFF TELECOM will be subject to specific conditions that will be added to these Terms of Use with regard to the conditions that are specifically applicable to them.

13. Terms of payment – Terms of Refund

The subscription to each Number is invoiced in advance for the entire subscription period chosen by the User.

The invoicing and payment of the Services are made, as the case may be, by and with the third party with whom the subscription was subscribed and / or directly by and with ONOFF TELECOM.

When the payment is made to a third party, it is made according to the contractual conditions binding the User to this third party.

When the payment is made directly to ONOFF TELECOM, it is made according to one of the payment methods offered by ONOFF TELECOM.

In case of dispute of the invoiced sums, the User must send his request for reimbursement to the company with which he made the payment, that is to say, as the case may be, the third party or ONOFF TELECOM. The request for reimbursement must be made, as the case may be, in accordance with the terms defined by the conditions of sale of the third party or, when it is addressed directly to ONOFF TELECOM under the following conditions.

When the payment for the Services has been made in the hands of ONOFF TELECOM, the User will have ninety (90) days following the invoice date to contest the sums that have been invoiced to him by providing all the necessary justifications. After this period, the User will no longer be able to request any refund.

ONOFF TELECOM reserves the right to refuse any refund request if it considers (a) that the User’s request is unfounded, or (b) that the User has not complied with the Terms of Use, or (c) that the User has used the Application fraudulently or that his User Account is used fraudulently by a third party. In the latter case, the User must exercise his right of refund with his bank.

14. Changes to the Terms of Use

ONOFF TELECOM informs the User of any modification of the Terms of Use prior to their entry into force. If the User refuses that this modification applies to his current Services, he must terminate his Contract within one month of the information of the modification, under the conditions defined below in Article 15. In the absence of termination within this period, the amended Terms of Use shall automatically apply at the end of this period.

15. Effective date, duration and termination

The Agreement takes effect on the date of download of the Application by the User and will remain in force until the cumulative fulfilment of the following two conditions: (i) termination by one of the Parties of all the Services provided to the User and (ii) deletion by the User of the Application.

The User acknowledges, however, that the license, in connection with the User Content, is granted for the maximum period of protection of the intellectual property rights of the User Content, and will therefore continue after the end of the Agreement for any reason whatsoever.

Unless the Number subscribed by the User has been subscribed for a firm and non-renewable period, the subscription to the Number will automatically renew at the end of the period initially chosen by the User, unless terminated under the conditions of Article 17. The renewal of the subscription will entail invoicing and payment of the corresponding amount.

When the Number has been subscribed for a firm and non-renewable period, the User may maintain his subscription to the Number manually by connecting to the Application before the expiry of the current subscription period. This maintenance of the subscription gives rise to the extension of the Contract according to the Conditions of Use and the rates in force on the date of the manual renewal of the subscription.

The User has a period of fourteen days, from the conclusion of the Contract, to exercise his right of withdrawal, without having to justify his decision or to bear other costs than those provided for in Articles L. 221-23 to L. 221-25 of the French Consumer Code. The User who wishes to exercise his right of withdrawal informs ONOFF TELECOM of his decision to withdraw by sending, to the address [email protected] and before the expiry of the aforementioned period, the withdrawal form appearing in annex to the Conditions of Use, or any other statement, unambiguous, expressing his will to withdraw. If the subscription of the Services has been made via a third party, the User must exercise his right of withdrawal with this third party.

If the User wishes the execution of the Contract to begin before the end of the aforementioned withdrawal period, he must make the express request to ONOFF TELECOM. The User acknowledges and accepts that he has been informed of this right and that the use of the Services during the duration of the withdrawal period is equivalent to an express request to execute the Contract before the end of the withdrawal period.

In case of withdrawal, ONOFF TELECOM will refund all payments received, without undue delay and, in any case, no later than fourteen days from the day on which it was informed of the decision to withdraw. The refund will be made using the same means of payment as that used for the initial transaction, at no cost to the User.

In the event that the User exercises his right of withdrawal while the execution of the Contract has begun at his express request, before the end of the aforementioned withdrawal period, he will pay ONOFF TELECOM the amount corresponding to the Services provided until the communication of his decision to withdraw. This amount will be proportionate to the total price agreed in the Contract. In addition, ONOFF TELECOM may invoice any uses made during the withdrawal period.

If the User does not expressly request that the execution of the Contract begin before the end of the aforementioned withdrawal period, he acknowledges and accepts that the Application is unavailable for the entire duration of the withdrawal period (fourteen (14) days).

16. Termination

Each Party has the possibility to terminate the Contract at any time. To do this, the User simply cancels his number(s) directly in the Application or request the closure of his User Account directly in the Application.

It is recalled that if the Services have been subscribed through a third party, their provision is also subject to the conditions of sale of that third party, in addition to these Terms of Use. In this case, the termination of the Services must be carried out directly with this third party under the conditions defined by its conditions of sale.

The termination of a Number is made by the User in his User Account available on the interface of the Application. The termination of the Number will be effective the day after the last day of the current subscription period. In the event that the Services have been subscribed via a third party, the termination of a Number made from the User Account only entails the cessation of payments if the User has informed this third party of its termination in accordance with the conditions of sale of this third party.

Each Party may also terminate the Contract for fault of the other Party eight (8) days after the sending of a formal notice that has remained in vain, this resulting solely from the breach of the offending party. It is agreed that the following cases may result in the automatic termination of the Contract by ONOFF TELECOM:

  • if the User has violated the Terms of Use;
  • if the information entered by the User in his User Account is inaccurate;
  • if ONOFF TELECOM suspects an illegal or fraudulent use of the Application or contrary to the rights of third parties;
  • if ONOFF TELECOM suspects that the User is trying to take unfair advantage of any of ONOFF TELECOM’s policies, whatever they may be, or to misuse them.

 

ONOFF TELECOM may terminate its relationship with the User, at any time subject to compliance with a minimum notice period of one (1) month before the end of the commitment period.

 

If ONOFF TELECOM decides to no longer offer a particular Service, it may terminate the Said Service without penalty, subject to compliance with a minimum notice of one month.

 

Any termination of ONOFF TELECOM will be notified to the User by e-mail.

 

The User understands and agrees not to use a Number under the conditions defined in the General Conditions of Use entails the automatic termination of the Number as well as data relating to the use of the Number (for example: SMS, call log, voice messages, etc.).

On the effective date of termination of the Contract, it will have the following consequences:

  • All licenses and rights to use the Application will terminate;
  • The User must stop using the Application;
  • The User shall remove the Application from all hard drives, networks and storage media, and destroy all copies in his possession, or under his control;
  • ONOFF TELECOM may block access to the User Account and/ or the Application;
  • ONOFF TELECOM may delete the data associated with the User Account.

Termination of a particular Service will have the same consequences as those set forth above, which will be limited to the terminated Service only.

17. Portability

The User who wishes to transfer the use of the Number to another mobile operator must request the portability of his Number from his new operator. Number portability is possible, subject to technical eligibility. The User’s attention is drawn to the fact that an outgoing request for portability is equivalent to a request for termination of the Number and entails, at the end of the corresponding procedure, the automatic termination of the Services associated with that Number, without prejudice to the possible duration of the User’s firm commitment under the Services. ONOFF TELECOM remains in any case foreign to the contractual relations between the User and the new operator. ONOFF TELECOM cannot be held liable for fault, non-performance, failures or malfunctions attributable to the User or the new operator and which would have the effect of delaying, disrupting or preventing this porting. In these cases, ONOFF TELECOM cannot be held liable because of the interruption of service related to the porting of the Number to the new operator.

When subscribing to the Services with ONOFF TELECOM, the User may request the takeover by ONOFF TELECOM of its current mobile number. Inbound portability of a mobile number is possible, subject to technical eligibility. The mobile number in question must be associated with an active telephone line until the number is transferred. When subscribing to the Services, the User must transmit the number to be kept to ONOFF TELECOM, the desired porting date as well as all the data required by the former operator and associated with said number. The User mandates ONOFF TELECOM in order to carry out all the acts necessary for the implementation of his request for portability and in particular to terminate in his name and on his behalf the contract he holds with his former operator relating to this number. This termination will take effect with the effective transfer of the User’s number to ONOFF TELECOM.

In this context, ONOFF TELECOM informs the User of the eligibility conditions, as well as the consequences of his request: the request for number portability is equivalent to a request for termination of the User’s contract with its previous operator, without prejudice to the contractual stipulations relating to the durations of engagement. The User remains bound by the obligations that bind him to his previous operator, in particular any payment that may remain. The effective porting of the number entails the termination of the contract that binds the User with his previous operator. Portability does not entail the transfer of services from which the User benefited under the contract previously signed with its previous operator. As such, the User’s attention is drawn to the fact that the Services require the existence of an Operator Subscription in force. The User is therefore clearly informed that if his request for portability leads to the termination of the Operator Subscription, he will not be able to use the Services.

ONOFF TELECOM may refuse to comply with a request for portability in the following cases:

  • incapacity of the applicant;
  • Portability request that is incomplete or contains incorrect information;
  • non-compliance with the management rules of the national numbering plan: the request for preservation must respect the correspondence between the number that is the subject of the application and the geographical location of the applicant;
  • mobile number, subject of the portability request, inactive on the day of porting;
  • mobile number, subject of the portability request, already the subject of a portability request not yet executed.

18. Suspension

Without prejudice to the possibility of terminating the Contract, ONOFF TELECOM may suspend the Services or access to the Application of one of the Users on simple written information of the User concerned in the following cases:

  • if the User has violated the Terms of Use;

  • if the information provided for the User in his User Account is inaccurate, incomplete or if the User’s mobile number provided by the operator with whom the Operator Subscription was subscribed is no longer valid;

  • if the conditions of territoriality required for the assignment of the Number to the User are no longer met

  • if ONOFF TELECOM suspects illegal or fraudulent or abnormal use of the Application or contrary to the rights of third parties;

  • if ONOFF TELECOM suspects that the User is trying to take unfair advantage of onoff telecom’s refund policy or any other policies, or to misuse them;

  • if ONOFF TELECOM suspects that the User Account is the subject of fraudulent use by a third party.

ONOFF TELECOM is also likely to interrupt the use of the Application under certain conditions including, but not limited to, the impossibility of providing the Service, problems of external origin that make the implementation of the Service difficult or imprudent, technological progress, the need to modify the Application or the Services.

19. Warranty and Liability

ONOFF TELECOM undertakes to provide all the necessary competence and care for the provision of the Services and to implement all the necessary provisions in order to ensure the Services permanently and continuously. As such, ONOFF TELECOM has only an obligation of means.

With regard to the relevant and applicable legal provisions, the Application is provided “as is” and will be used at the User’s own risk, without any guarantee. In this sense, the User is  solely responsible for the preservation, security and integrity of data, hardware and software, as well as the confidentiality of his passwords and User Account identifiers and others in the context of the use of the Services.

ONOFF TELECOM assumes no responsibility to any third party or to the User regarding the contents, the latter being solely responsible for the User Content submitted, created, displayed or published through the Application.

ONOFF TELECOM makes its best efforts to ensure the confidentiality of the information and content published through the Application.

ONOFF TELECOM does not guarantee that the Application will always be available, accessible, uninterrupted, reliable, and error-free. In addition, no warranty is offered regarding internet connections or transmissions, or the quality of calls made through the Application.

Should a third party file a complaint against ONOFF TELECOM in connection with, or as a result of (i)  any breach by the User of the Terms of Use,  (ii)  any breach by the User of any applicable law or regulation,  (iii)  any violation by the User of the rights of third parties (including intellectual property rights),  (iv) its User Content or (v)  its complaint regarding any User Content, the User warrants  to ONOFF TELECOM any damages, liabilities, losses, convictions, costs and expenses (including legal fees and other reasonable costs) that may result therefrom.  

Subject to the foregoing and in accordance with applicable law, ONOFF TELECOM shall not be liable to the User, whether or not ONOFF TELECOM has been informed of the possibility of such damages or losses, for:

  • indirect damage and in particular any damage, loss, or corruption of data;

  • damage resulting from the acts of third parties or cases of force majeure;

  • any claim, damage or loss arising out of or related to:

  • the User’s inability to use all or part of the Application or its functionality;

  • the User’s inability to make the necessary arrangements to contact the emergency services;

  • the User’s inability to provide accurate information about the physical location to an emergency department;

  • the conduct of third-party emergency service agents and call centers with which the User is connected.

The Services are in no way a substitute for the primary mobile telephony service provided by the operator with whom an Operator Subscription has been subscribed, so the User  acknowledges and accepts that the Numbers do not allow calls to be made to all classes of numbers. Consequently, calls that cannot be made from the Application (i.e. in particular calls to special numbers, international numbers and emergency numbers) must be made directly from the User’s telephone. ONOFF TELECOM reserves the right to allow Users to make calls to additional number classes after the launch of the Services.

In addition to the foregoing, ONOFF TELECOM cannot be held liable to the User, whether or not ONOFF TELECOM has been informed of the possibility of such damages or losses, for:

  • any indirect damage, and in particular, any loss of income, contracts, real or expected profits, luck, brand image or reputation, customers or turnover;

  • any damage or corruption of data;

  • any claim, damage or loss arising out of or related to:

  • the User’s inability to use all or part of the Application or its functionality;

  • the User’s inability to make the necessary arrangements to contact the emergency services

  • the User’s inability to provide accurate information about the physical location to an emergency department;

  • the conduct of third-party emergency service agents and call centers with which the User is connected.

  • any damage in excess of an amount, all counts of damages combined, corresponding to the total amount paid by the User for the Services during the twelve (12) month period immediately preceding the date of occurrence of the event at the origin of the request in question.

To the extent that the User   demonstrates that he has suffered direct damage, the liability of ONOFF TELECOM will be expressly limited to one hundred percent (100%) of the sums actually received by ONOFF TELECOM under the Contract during the last six (6) months preceding the occurrence of the said damage.

Actions for liability against ONOFF TELECOM are time-barred by two years from the date of the event giving rise to the damage.

20. Force majeure

ONOFF TELECOM cannot be held liable in the event that the non-performance results from a case of force majeure.

Are considered as cases of force majeure, as long as they are not the work of ONOFF TELECOM and that they are beyond its control, exceptional bad weather, natural disasters, fires and floods, lightning, electronic power surges, attacks, internal or external strikes, internal or external failures or failures such as failures related to the telephone network, the networks of ONOFF TELECOM’s service providers,  and all those emanating from the mobile phone operator with which the User has subscribed his Operator Subscription, and in general any irresistible and unforeseeable event that does not allow the proper functioning of the Application.

21. Dispute resolution – applicable law

ONOFF provides Users with a support service accessible by e-mail to the following e-mail address: [email protected]. Any complaint must be made by sending an e-mail to the following e-mail address: [email protected]. ONOFF TELECOM undertakes to provide a response to any dispute or request for reimbursement within thirty(30)  working days from the date of receipt thereof. In the event of non-compliance with this deadline, ONOFF TELECOM undertakes, upon request for compensation justifying the non-respect of this commitment to the following address: [email protected], to award the affected User compensation equivalent to one  (1)  month of subscription to the Service concerned.

In the event of a dispute arising in particular from the interpretation or execution of the Contract, the parties will endeavor to find an amicable solution. Any User established in France is informed that he can refer the matter free of charge to the Mediator of electronic communications on his  website:  www.mediateur-telecom.fr of any dispute with ONOFF TELECOM.

In any case, the User may refer the matter to any competent court in the event of a dispute arising from the interpretation or execution of the Contract.

The Terms of Use and the terms of provision of the Services are subject to French law.

TEMPLATE WITHDRAWAL FORM

Please complete and return this form only if you wish to withdraw from the Agreement.

Attention: ONOFF TELECOM 

Email : [email protected]  

 

I/we (1)  hereby notify you (1)  (*) of the  contract for the subscription of services below:  (2)

Ordered on: (2)

Name of consumer(s): (2)

E-mail address of the consumer(s): (2)

Onoff phone numbers: (2)

Signature of the consumer(s) (only in case of notification of this form on paper):

Date : (2)

(1) Strike out what does not apply.

(2) To be completed by the user.

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