Terms and conditions of sale and use
Terms of use
The website “ www.ardary-sms.com ” is operated by REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296
Head office address: 1 RUE DU QUAI 59800 LILLE FRANCE
E-mail: direction@ardarypartners.com
The site is hosted by : OVH – SAS au capital de 10 000 € ;
Servers at OVH: 2 rue Kellermann-59100 Roubaix-France.
Definitions
In these general terms and conditions of sale and use, each of the terms and expressions below shall have the meaning attributed to it hereinafter:
REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296 : refers to the company REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296 operating under the trademark “ARDARY SMS PRO” of which it is the owner.
Account : All the computer resources allocated to a User-Customer who can only use them by identifying himself with his Login and password.
User – Customer : Any individual or legal entity wishing to use the services offered by REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296 via the www.ardary-sms.com website.
Recipient – Contact: means the person or group of persons who have subscribed to a telephone subscription with a Mobile Operator, enabling them to receive an SMS / MMS message on their cell phone.
Services: refers to the messaging services offered by REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296 to its User-Customers, based on SMS / MMS functionalities allowing the transmission and reception of messages to mobile terminals as well as the management and administration of the technical conditions allowing these operations for the duration of the subscription.
SMS / MMS Box : refers to the interface designed and developed by REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296, which enables the User-Customer to send, receive and manage SMS / MMS messages.
Data: refers to all information and statistics relating to a User-Customer and collected by www.ardary-sms.com when processing SMS / MMS.
SMS : The SMS (Short Message Service) messaging service introduced by the GSM standard and offered by mobile telephony, enabling the transmission of short text messages.
MMS: refers to the MMS (Multimedia Messaging Service) messaging service offered by mobile telephony, enabling photos and videos to be transmitted in addition to text messages (receiving and sending photos or videos is limited to 600 Kb per MMS, with some phones limiting it to 300 Kb).
Pièces jointes : correspondent à des photos, des vidéos ou des liens qui peuvent être envoyés et reçus via les messages échangés entre l’Utilisateur-Client et le(s) Destinataire(s).
Navigateur Internet : logiciel installé sur un ordinateur permettant d’accéder aux sites Internet.
Opérateur : Désigne un opérateur de téléphonie mobile sur le territoire géographique de chaque pays.
Site : Désigne le site internet www.ardary-sms.com sur lequel sont hébergés les Comptes Clients Utilisateurs.
API : Interface d’envoi et de réception de SMS / MMS accessible via une requête https.
Article 1: Object
1.1. These general terms and conditions of sale and use govern the contractual relationship between REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296 and its Customers. Use of the www.ardary-sms.com website implies unreserved acceptance by the User-Customer of these terms and conditions of sale and use.
1.2. The present general terms and conditions of sale and use constitute the sole basis for commercial negotiation, in accordance with article L. 441-6 of the French Commercial Code, between REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296 and its Customers.
1.3 These general conditions of sale and use shall prevail over any other general or special conditions not expressly approved by REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296. REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296 reserves the right to modify its general terms and conditions of sale and use at any time. In this case, the applicable conditions will be those in force at the date of subscription to a subscription with REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296 by the User-Customer or of use by the User-Customer.
1.4 Pursuant to the provisions of article 1369-1 of the French Civil Code, these general terms and conditions of sale and use may be retained by any person visiting the www.ardary-sms.com website. To this end, they may be downloaded onto the computer device used by the User-Customer and may be printed out, taking precedence over any other reproduction medium.
Article 2: Description of services
2.1. ARDARY SMS PRO enables User-Customers to send unlimited SMS / MMS messages to their Contacts and receive their replies, from the www.ardary-sms.com website and the API. Sending conditions are detailed in ARTICLE 8 of these general terms and conditions of sale and use.
2.2. ARDARY SMS PRO enables User-Customers to send and receive SMS / MMS messages with attachments. SMS / MMS are sent, received and managed via a User Account including an SMS / MMS Box.
2.3. SMS / MMS reception is included in the service and costs the User-Customer nothing extra. For the User-Customer’s Contacts, this is an SMS / MMS without surcharge, the price of which varies according to the Operator.
2.4. In order to use ARDARY SMS PRO services, the User-Customer must have Internet access, register on www.ardary-sms.com and take out an annual subscription with ARDARY SMS PRO. Broadband Internet access is strongly recommended. The User-Customer may need to update his Internet Browser in order to use ARDARY SMS PRO services in the best possible conditions.
2.5. The User-Customer must upload his list of mobile or landline contacts to be able to send SMS / MMS messages. The User-Customer is responsible for entering the recipients’ mobile or landline numbers and the text they contain, and therefore for any errors or entries made when connecting to his account.
2.6. Subscribing to an annual subscription with ARDARY SMS PRO entitles the User-Customer who has subscribed to the subscription to benefit from all the Services and functionalities offered by ARDARY SMS PRO, including, without limitation : unlimited sending and receiving of SMS / MMS according to the conditions detailed in ARTICLE 8; creation and management of 5 User accounts for each administrator account; creation and management of contact lists; import of contacts into the account; Sending and receiving attachments such as photos, videos or links within the limits of the technical possibilities of the ARDARY SMS PRO platform, the network and the terminals of the recipients; Secure backup of data and messages generated by the User-Customer’s activity as soon as the subscription with ARDARY SMS PRO is activated, etc.
Article 3: Registration - Free trial - Subscription
3.1. REGISTRATION
3.1.1. In order to benefit from the Services provided by ARDARY SMS PRO, the User-Customer must first create an administrator account by completing the registration form. The User-Customer must fill in mandatory information fields such as last name, first name, email address, contact telephone number, company name, login and password, and then check the “I accept all conditions” box, which indicates acceptance of ARDARY SMS PRO’s general terms and conditions of sale and use.
3.1.2. The User-Customer agrees to provide true and sincere information and to inform ARDARY SMS PRO of any changes concerning him/her. ARDARY SMS PRO cannot be held responsible for any data entry errors and the consequences thereof, such as an error in sending. The User-Customer must also ensure that the confidentiality of connection identifiers and passwords is respected by its employees and collaborators. In the event of a security failure, notably linked to the deliberate communication or misappropriation of logins and passwords, the User-Customer must inform ARDARY SMS PRO without delay so that the latter can take all appropriate measures to remedy the security failure. Once the account has been validated, the User-Customer will have personalized and secure access to his contact book and message history.
3.1.3. The “double click” associated with the authentication procedure, i.e. when the User-Customer identifies himself by his password, constitutes a valid electronic signature within the meaning of French law.
3.2. FREE TRIAL
3.2.1. Validation of the registration form takes immediate effect and entitles the registered User-Customer to a free trial of the Services provided by ARDARY SMS PRO.
3.2.2. The free trial of ARDARY SMS PRO Services consists of the free sending and receiving of SMS / MMS via the ARDARY SMS PRO Account, to five Recipients chosen by the registered User-Customer, for 24 hours from the date of validation of the registration.
3.2.3. During the free trial period, ARDARY SMS PRO cannot be held responsible for any data entry errors and the resulting consequences, such as a sending error. The User-Customer must also ensure the confidentiality of connection identifiers (login and password) and data exchanged. In the event of a security failure, notably linked to the deliberate communication or misappropriation of login details and passwords, the User-Customer must inform ARDARY SMS PRO without delay so that the latter can take all appropriate measures to remedy the security failure.
3.2.4. During the free trial period, the User-Customer undertakes to respect its responsibilities as detailed in ARTICLE 4 of the present general terms and conditions of sale and use.
3.2.5. During the free trial period, ARDARY SMS PRO undertakes to respect its responsibilities detailed in ARTICLE 5 of the present general terms and conditions of sale and use.
3.3. SUBSCRIPTION
3.3.1. After the free trial period, the User-Customer may voluntarily take out a subscription with ARDARY SMS PRO.
3.3.2. The subscription is taken out by the User-Customer for a period of twelve (12) months. If the User-Customer decides to cancel his subscription, taken out with ARDARY SMS, the User-Customer must inform ARDARY SMS one (1) month before the expiry date of the subscription, by sending his cancellation request to the following email address: “ contact@ardarypartners.com ”.
3.3.3. The subscription, taken out by the User-Customer with ARDARY SMS, allows the User-Customer to benefit from all the services described in ARTICLE 2 of the present general terms and conditions of sale and use.
3.3.4. The subscription, taken out by the User-Customer with ARDARY SMS, follows the financial conditions described in ARTICLE 8 of the present general conditions of sale and use.
3.3.5. Throughout the subscription period, the User-Customer undertakes to respect its responsibilities as detailed in ARTICLE 4 of the present general terms and conditions of sale and use.
3.3.6. During the entire period in which the subscription is effective, ARDARY SMS undertakes to respect its responsibilities detailed in ARTICLE 5 of the present general terms and conditions of sale and use.
3.3.7. During the entire subscription period, ARDARY SMS PRO undertakes to respect its responsibilities detailed in the “RESPONSIBILITIES OF ARDARY SMS PRO” section of the present general terms and conditions of sale and use.
3.3.8. Termination of the subscription, taken out by the User-Customer with ARDARY SMS PRO, follows the conditions detailed in the “SUSPENSION OR TERMINATION OF ACCOUNT” section of the present general terms and conditions of sale and use.
Article 4: Responsibilities of the user - customer
4.1. The User-Customer agrees to use the Services provided by ARDARY SMS PRO in accordance with the present terms and conditions of sale and use.
4.2. The User-Customer is solely responsible for sending messages to the Recipient’s mobile number and for the content of messages sent in this way, and ARDARY SMS PRO cannot be held liable in this respect.
4.3. The User-Customer agrees to comply strictly with all obligations imposed by law n° 78-17 of January 6, 1978, known as the “Loi Informatique et Libertés” when using the Services. The User-Customer declares and guarantees to ARDARY SMS PRO that the content that will be disseminated on the occasion of its activities :
• ne porte atteinte à aucun droit de propriété intellectuelle de tiers ;
– may in no way contain elements contrary to public decency or public order, or in any other way inappropriate, indecent, shocking or incorrect for a family audience, in particular, but without limitation, the content may in no way contain obscene, defamatory, abusive, pornographic, violent, racist, xenophobic, revisionist, etc… or that infringe the privacy or rights of any person;
– is accurate and complete and does not contain any errors or misleading, erroneous or deceptive statements, mentions or declarations;
– is not otherwise likely to bring into play the liability (including criminal liability) of ARDARY SMS PRO in any way whatsoever under the laws of any country in which these SMS / MMS may be consulted;
– in any way that may have a detrimental effect on the goodwill and standing of any of the relevant Service Providers;
– for the sending of unsolicited messages to the extent expressly permitted by the Service Provider and Regulatory Requirements;
4.4. The User-Customer will ensure that neither the content issued by the User-Customers of the ARDARY SMS PRO account, nor the Services provided by the User-Customers of the ARDARY SMS PRO account will contain :
– viruses, worms, Trojan horses, or other code that could disrupt, disable, impair, erase memory, or otherwise prevent the operation or functionality of any Service Provider software, firmware, hardware, wireless device, computer system, or network;
– booby traps, time bombs, or other code that would disable any software based on the passage of a period of time, advancement to a particular date or other codes;
– a code that would allow any third party to collide with or surreptitiously gain access to any End-User personal listing information or data processed or used by ARDARY SMS PRO;
– the User-Customer will not attempt to interfere with or disrupt the integrity or performance of ARDARY SMS PRO Services or the servers or Service Provider networks connected to ARDARY SMS PRO Services;
4.5. In the event of failure to comply with the conditions set out in paragraphs 4.3 and 4.4, the content published by the User-Customer responsible will be removed and/or the corresponding account deactivated without prior formality. In addition, the administrator(s) of the corresponding account will personally incur the criminal penalties specific to the litigious content (imprisonment and fine), in addition to possible condemnation to the payment of damages.
4.6. The User-Customer agrees to observe such a request under the conditions that it is reasonably practicable and with a degree of detail as ARDARY SMS PRO may reasonably require, provided that (unless otherwise agreed between the Parties as may be provided in the appropriate Addendum) any forecasts given shall not contractually bind the User-Customer, nor oblige the User-Customer to contract with ARDARY SMS PRO on access to ARDARY SMS PRO Services to meet such a forecast.
4.7. The User-Customer acknowledges that Service Providers have a base of End-Users across all age groups. The User-Customer will be responsible for all Customer Services delivered to End-Users and will take all appropriate steps to ensure that the content of each Customer Service is appropriate and not inappropriate for the End-User.
4.8. The User-Customer will ensure that all advertising of each Customer Service complies with applicable advertising standards, the PRCS and other regulations, policies or codes.
4.9. Access to the ARDARY SMS PRO Account is subject to the provision of a login (identifier) and a password, and it is the responsibility of the User-Customer to keep this information secret. Under no circumstances may ARDARY SMS PRO be held responsible for the loss or disclosure of this information by the account holder, nor for any resulting consequences.
4.10. The User-Customer will reimburse ARDARY SMS PRO for all costs related to damages caused by incorrect information provided by the User-Customer or by a third party having access to the User-Customer’s Account.
4.11. The User-Customer may not hold ARDARY SMS PRO liable, even criminally, in any way whatsoever under the laws of any country in which these SMS messages may be consulted.
4.12. The User-Customer is responsible for managing his blacklist. It must ensure that it no longer sends SMS messages to numbers for which a request to stop receiving SMS messages has been received.
4.13. The User-Customer expressly acknowledges that ARDARY SMS PRO is only bound by an obligation of means in the execution of the Service.
4.14. The User-Customer acknowledges that the proper functioning of telecommunications networks does not depend in any way on ARDARY SMS PRO, and that ARDARY SMS PRO cannot guarantee the time or quality of SMS / MMS transmission. The User-Customer and ARDARY SMS PRO further acknowledge that, due to the complex nature of telecommunications networks and the Service, the latter may present undetected or unidentified malfunctions. The present contract is concluded between the parties with full knowledge of the possible existence of such malfunctions.
4.15. In the case of mass SMS / MMS dispatch, the User-Customer undertakes :
– SMS / MMS must be sent between: 8:00 am and 8:00 pm, Monday to Saturday, excluding school vacations and public vacations;
– to provide a clear explanation of how to unsubscribe by replying STOP to the message (in the case of mass sending or the sending of SMS Marketing);
– that the SMS / MMS contains an indication of how to contact end-user support (mail, e-mail, website or telephone number);
– clearly state the price for using a service if the message promotes a service.
4.16. Any breach of these obligations and conditions by the User-Customer will result in early termination of the Services under the conditions detailed in ARTICLE 6 of these general terms and conditions of sale and use.
Article 5: Responsibilities of ardary SMS PRO
5.1. ARDARY SMS PRO’s services consist of the provision of SMS / MMS sending and receiving services and its liability is limited to the transport of messages. ARDARY SMS PRO excludes all other warranties.
5.2. ARDARY SMS PRO undertakes to use all necessary means to ensure the smooth operation of its SMS / MMS sending and receiving services, and to maintain their continuity and quality. However, this is an obligation of means and under no circumstances an obligation of results.
5.3. ARDARY SMS PRO reserves the right to change its Services, in particular by making new features available, or by modifying or deleting certain features. If these modifications lead to a change in the use of the Services provided by ARDARY SMS PRO, the User-Customer must adapt and use the Services in accordance with the new operation. Modifications may affect the Service from time to time and ARDARY SMS PRO cannot be held responsible for the consequences.
5.4. ARDARY SMS PRO reserves the right to modify its subscription formula and prices at any time and will not offer any price reduction or refund in the event of a price reduction or promotional offer subsequent to the subscription date.
5.5. ARDARY SMS PRO is not legally bound by any general obligation to monitor the content transmitted or stored via the www.ardary-sms.com site. The only obligations inherent in its capacity as host concern :
– the fight against certain content described in sections 4.3 and 4.4 of ARTICLE 4 of these general terms and conditions of sale and use;
– the conservation of User-Customer connection data, otherwise covered by professional secrecy and processed in compliance with legal provisions concerning Personal Data;
– the removal of any manifestly illicit content, as soon as ARDARY SMS PRO becomes aware of it.
5.6. ARDARY SMS PRO’s liability under these general terms and conditions of sale and use is limited to direct damages suffered by the User-Customer, and therefore does not cover any loss of sales, results or profits, loss of orders, loss of opportunity or loss of data of the User-Customer, the cost of obtaining substitute goods or services, or any action taken or claim made against the User-Customer by third parties. Under no circumstances will ARDARY SMS PRO be liable for any incidental, indirect or consequential damages resulting from the present contract. The User-Customer acknowledges that the amounts due hereunder are based in part on this limitation.
5.7. In principle, the www.ardary-sms.com site is accessible 24 hours a day, 7 days a week, except in the case of scheduled or unscheduled interruptions for maintenance purposes or in cases of force majeure. Being subject to an obligation of means, ARDARY SMS PRO cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site www.ardary-sms.com.
5.8. SMS / MMS will be considered as sent to the Recipient’s mobile when they are transmitted to the mobile Operator directly or via an interface provided by the Operator. ARDARY SMS PRO does not guarantee delivery by the Mobile Operator. In addition, each SMS has a validity period of 48 hours from the date it is sent. After 48 hours, the SMS will be considered undeliverable and no further delivery attempts will be made.
5.9. ARDARY SMS PRO may not be held responsible for interruptions or poor performance of Services or for damage related to :
– force majeure or a decision by public authorities ;
– interruption of transmission lines due to public or private operators or lack of coverage in the geographical area concerned;
– interruption or breakdown of ARDARY SMS PRO servers hosted by third parties;
– the operation of the Internet network, and in particular the reliability of transmissions, which remains uncertain due to the heterogeneous nature of the infrastructures and networks on which they circulate; consequently, the User-Customer acknowledges and accepts that possible breakdowns, saturations or delays in message transmission may occur;
– abnormal or fraudulent use by the User-Customer or third parties requiring the Services to be shut down for security reasons;
– non-compliance by the User-Customer with his or her obligations under law no. 78-17 of January 6, 1978, in application of article 11 ;
– misuse of the Services by the User-Customer;
– a change of number imposed by a Telephone Operator;
– the nature and content of information, data, information, results or analyses originating from a third party, transmitted or received through the use of Services by ARDARY SMS PRO and made available by the User-Customer. The User-Customer acknowledges that ARDARY SMS PRO has no control over the transfer of data via public telecommunication networks used by the User-Customer to access the Services. ARDARY SMS PRO cannot therefore verify the content of data sent via SMS and cannot be held responsible for any illegal content, which the User-Customer expressly acknowledges. The User-Customer is therefore solely responsible for the content and integrity of data transmitted via the Services;
– the total or partial destruction of data stored, hosted or processed by ARDARY SMS PRO as a result of errors attributable directly or indirectly to the User-Customer.
Article 6: Performance, limitation and suspension of service
6.1. Each party – i.e. the User-Customer and ARDARY SMS PRO – may terminate the contract by operation of law and without compensation in the event of force majeure under the conditions set out in Article 13 of the present general terms and conditions of sale and use.
6.2. In all other cases, the User-Customer is free to cancel the Contract signed with ARDARY SMS. The User-Customer must inform ARDARY SMS one (1) month before the expiry date of the subscription, by sending his cancellation request to the following email address: “ contact@ardarypartners.com ”.
6.3. Non-compliance by the User-Customer with the present conditions will entitle ARDARY SMS PRO to suspend its Services without delay and without prior formal notice and to terminate the contract immediately and by right, without prejudice to the right to any damages to which ARDARY SMS PRO may be entitled. If ARDARY SMS PRO terminates the contract under the above conditions, the User-Customer will not be entitled to reimbursement by ARDARY SMS PRO of sums corresponding to services already provided by ARDARY SMS PRO, and ARDARY SMS PRO will not be liable for any compensation to the User-Customer. On the other hand, if the User-Customer’s failure to comply with its obligations causes ARDARY SMS PRO to suffer prejudice, ARDARY SMS PRO reserves the right to sue the User-Customer to obtain full compensation for this prejudice, including the reimbursement of damages, penalties, expenses and fees incurred by ARDARY SMS PRO.
6.4. In the event of a breach by one of the parties – namely the User-Customer and ARDARY SMS PRO – of one or other of its obligations under the contract not remedied within a period of seven (7) days from either a registered letter with acknowledgement of receipt sent by the complaining party notifying the breaches in question, or any other authentic form of notification sent by the said party, the contract will be terminated ipso jure, without prejudice to any damages that may be claimed from the defaulting party.
6.5. The Service is restricted, limited, suspended or terminated by operation of law if payment is not effective.
6.6. In all cases, measures of restriction, limitation or suspension are applied according to the seriousness and recurrence of the breach(s). They are determined according to the nature of the breach(s).
6.7. The User-Customer agrees in advance that ARDARY SMS PRO may restrict, limit or suspend Services if ARDARY SMS PRO receives notice to that effect from a competent administrative, arbitral or judicial authority, in accordance with the appropriate applicable laws.
6.8. Any notification from the User-Customer under this section must be sent to ARDARY SMS PRO by Registered Letter with Advice of Receipt (LRAR).
6.9. ARDARY SMS PRO reserves the right to immediately suspend Services to comply with any judicial or administrative decision or to comply with the law or to avoid any potential damage to the network.
Article 7: Right of withdrawal
7.1. The User-Customer has, in accordance with the provisions of article L.121-21-5 of the French Consumer Code, the possibility of exercising his right of withdrawal, without having to justify his reasons or pay penalties, within fourteen (14) days from the subscription date, by sending a message to the ARDARY SMS PRO Customer Service at the address “contact@ardarypartners.com ”.
7.2. However, should the User-Customer use the Service before expiry of the aforementioned period, he expressly acknowledges and accepts that he may no longer exercise his right of withdrawal, in accordance with the provisions of article L121-21-8 of the French Consumer Code.
Article 8: Financial conditions
8.1. Once the 24h free trial period is over, the Services provided by ARDARY SMS PRO become chargeable. The User-Customer must take out an annual subscription with ARDARY SMS PRO to benefit from :
– secure and rapid access to his User-Customer account ;
– unlimited sending of SMS / MMS messages under the conditions described on the www.ardary-sms.com website;
– access to support by e-mail and telephone during REACH TECHNOLOGIES business hours – RCS Lille Metropole B 953 284 296.
8.2. Any annual payment of the subscription taken out with ARDARY SMS PRO entitles the User-Customer to a discount equivalent to one monthly subscription payment (one month free for any annual payment).
8.3. Subscription fees are payable monthly. All late payments will incur a penalty equal to three (3) times the interest rate in force on the date of issue of the invoice. These penalties will only be payable on the day following the payment date shown on the invoice.
8.4. The prices of Services are indicated on the Site www.ardary-sms.com in €uros exclusive of tax (H.T). All orders, whatever their origin, are payable in €uros.
8.5. The different rates are defined on the www.ardary-sms.com website. The company “REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296” reserves the right to modify the current prices. It will inform the User-Customer via the www.ardary-sms.com website.
8.6. A detailed invoice is drawn up monthly and sent by e-mail to the User-Customer responsible for the Account. However, the Services will be invoiced to the User-Customer responsible on the basis of the rates and prices in force at the time of activation of the subscription taken out with ARDARY SMS PRO.
8.7. ARDARY SMS PRO allows the User-Customer to pay by credit card. Payment by credit card is made on the Site www.ardary-sms.com by Paypal, by credit card (cards from the Carte Bleue, Visa, Eurocard / Mastercard, American Express networks are accepted) via a secure payment system. Any transmission of information linked to payment, and in particular the transmission of a bank card number and its date of validity, takes place in a secure context using current Internet protocols, on the server of ARDARY SMS PRO’s service provider. Any order involving payment by bank card is only considered effective once the relevant payment centers have given their approval.
8.8. Orders involving payment by credit card are only considered effective once the relevant payment centers have given their approval.
8.9. In the event of irregular, incomplete or non-existent payment, for any reason whatsoever, ARDARY SMS reserves the right to interrupt the delivery of its Services as indicated in Article 6 of the present General Terms and Conditions of Sale and Use.
Article 9: Data
9.1. From the subscription start date, the User-Customer will have personalized and secure access to his contact list and to the history of messages sent and received, for the duration of the subscription. This access will be via the Internet using a personalized connection with a login and password chosen by the User-Customer.
9.2. The communication of Personal Data is carried out in compliance with the obligations and rights of law no. 78-17 of January 6, 1978, amended by law no. 2004-801 of August 6, 2004. In accordance with the provisions of this law, the User-Customer has the right to access, modify, rectify and delete any personal data concerning him/her. They may exercise this right directly by writing to ARDARY SMS PRO at the following address: “ contact@ardarypartners.com ”.
9.3. The User-Customer is solely responsible for the Data he/she communicates through the ARDARY SMS PRO platform and declares that the Data provided are perfectly filled in and accurate.
9.4. For the duration of the use of the Services and for all purposes of proof, Data concerning the User-Customer and the use of the Services are kept and confidentially archived by ARDARY SMS PRO, in accordance with legal provisions.
9.5. In accordance with Article 34 of the French Data Protection Act, REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296 undertakes to take all necessary precautions to preserve the security of the Content and in particular to prevent it from being distorted, damaged or communicated to unauthorized persons. REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296 therefore undertakes to comply with and ensure compliance by its staff with the following obligations:
– not to make any copy whatsoever of the Content transmitted by the User-Customer when using the Services provided by ARDARY SMS PRO ;
– not to use the Content for purposes other than those specified in these general terms and conditions of sale and use, and other than in accordance with the User-Customer’s instructions;
– not to disclose the Contents to any third party other than the Mobile Operators involved in the provision of the Service (such disclosure being for the purposes of SMS routing only);
– take all measures to prevent any misappropriation or fraudulent use of the Content;
– take all security measures, in particular physical measures, to ensure the preservation and integrity of the Content processed for the duration of the subscription.
9.6. ARDARY SMS PRO may be required to communicate information relating to the User-Customer in the context of legal requests.
9.7. REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296 undertakes to process the Content only in the European Union and in the Member States of the European Economic Area and not to proceed with any international transfer of data without the prior agreement of the User-Customer.
9.8. The User-Customer is aware that data transmitted to ARDARY SMS PRO will be archived, read and verified. Message texts may be subject to human validation in compliance with the ethical rules described in the present general terms and conditions of sale and use. In order to improve the quality of services and manage after-sales service, information concerning SMS messages sent may be archived (text, telephone numbers, dates sent, connection dates, etc.).
9.9. To use ARDARY SMS PRO Services, the User-Customer must provide a valid e-mail address and a valid cell phone number. These data will be used to send monitoring messages, alerts, order confirmations, etc. Concerning ARDARY SMS PRO’s commercial offers (SMS / MMS Marketing) and for mass mailing, the Final Recipient may unsubscribe from the mailing lists in order to no longer receive these offers.
9.10. The User-Customer agrees to refrain from sending unsolicited SMS / MMS by a Recipient. In any case, the User-Customer will guarantee ARDARY SMS PRO against and indemnify it for any claim resulting from such sending of unsolicited messages to an End User.
9.11. The STOP SMS is a tool that enables recipients of SMS messages sent by the User-Customer to unsubscribe from the mailing list. Its use is compulsory for all canvassing, commercial or promotional campaigns in accordance with Article L121-20-5 of the French Consumer Code. ARDARY SMS PRO reserves the right to suspend any Account that does not respect its use, without notice or compensation.
9.12. ARDARY SMS PRO undertakes to respect a very strict discipline towards Spam SMS. By accepting these general conditions of sale and use, the User-Customer also agrees to respect ARDARY SMS PRO’s Anti-Spam Charter.
9.13. The User-Customer’s data will be kept by ARDARY SMS PRO for a maximum of twenty-four (24) months from his last connection to its interface. Furthermore, in the event of early termination of the Services by the User-Customer, his data will be immediately deleted by ARDARY SMS PRO. ARDARY SMS PRO also undertakes to return all or part of the data stored by the User-Customer under the material and pricing conditions in force at the time of the request. This restitution will be made by email on an FTP file within fifteen (15) working days of receipt of an order form from the User-Customer, excluding shipping delays.
Article 10: Intellectual property
10.1. All elements of the www.ardary-sms.com Website are and remain the exclusive intellectual property of REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296.
10.2. The contents proposed by REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296 for the sending of contents and more generally all data diffused on the Site www.ardary-sms.com are works protected by the legislation concerning the intellectual property and are the property of REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296 or their assignees. This content may not be used for purposes other than those defined above.
Article 11: Technical rules
11.1. All UTF-8 characters are supported by the ARDARY SMS PRO platform.
11.2 Some special characters may be replaced when sending the message (e.g. €, ê, â, î, ô, …). Depending on the type of SMS, certain characters may be transformed when the SMS / MMS is received, in particular accented characters or other special characters. Thus, the original characters « À Á Â Ã È Ê Ë Ì Í Î Ï Ð Ò Ó Ô Õ Ù Ú Û Ý Ÿ á â ã ê ë í î ï ð ó ô õ ú û µ ý ÿ ç Þ ° ¨ ^ « » | ‚ „ … ‘ ‘ “ ” • – — ´ ` » seront automatiquement remplacés par les caractères suivants « A A A A E E E I I I I D O O O O U U U Y Y a a a e e i i i o o o o u u u y y c y o – – ” ” I / , , . ‘ ‘ ” ” . – – ‘ ‘ « . The authorized characters for a cut in batches of 160 are: « 0 1 2 3 4 5 6 7 8 9 a A b B c C d D e E f F g G h H i I j J k K l L m M n N o O p P q Q r R s S t T u U v V w W x X y Y z Z à À á Á â Â ã Ã ä Ä å Å æ Æ ç Ç è È ê Ê ë Ë é É ì Ì í Í î Î ï Ï ð Ð ñ Ñ ò Ò ó Ó ô Ô õ Õ ö Ö ø Ø ù Ù ú Ú û Û ü Ü ÿ Ÿ ý Ý Þ ß { } ~ ¤ ¡ ¿ ! ? ” # $ % & ‘ ^ * + – _ , . / : ; < = > § @ ( ) [ ] Γ Δ Θ Λ Ξ Π Σ Φ Ψ Ω € £ ¥ ».It is therefore strongly recommended to carry out a unit test on your phone to validate the correct design of the SMS / MMS.
Article 12: Communication
The User-Customer expressly authorizes ARDARY SMS PRO to mention its name and/or brand and its logo for commercial referencing purposes in order to promote its activities, to the exclusion of any other use.
Article 13: Force majeure
13.1. Force majeure is defined as events of an irresistible and unforeseeable nature, beyond the control of the parties, against which they could not reasonably have protected themselves, and the consequences of which they could only have mitigated by incurring expenditure out of proportion to the expected financial benefits.
13.2. The events recognized and described by jurisprudence as “Force Majeure” are, without limitation: strikes, wars, import or export embargoes, accidents, fires, blockades or natural disasters, disturbances, cuts and anomalies affecting transmissions through telecommunications networks, delays, suspensions or interruptions of service by mobile telephone operators, orders from the Autorité de Régulation des Télécommunications imposing the total or partial suspension of GSM public radiotelephony, power cuts or any other technical difficulty or malfunction of the Internet network.
13.3. The parties, i.e. the User-Customer and ARDARY SMS PRO, agree that cases of force majeure justify the suspension of the parties’ obligations. Consequently, neither party may be held responsible for non-performance, breaches or delays in the performance of any of its obligations due to the occurrence of a case of force majeure. Force majeure suspends the obligations arising from the contract for the duration of its existence.
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13.4. If the force majeure situation persists for more than three (3) months, the contract may be terminated by either party, i.e. the User-Customer and ARDARY SMS, without this termination being considered as faulty..
Article 14: Modifications
Any modification of a clause in the general conditions of sale and use is binding on the User-Customer. The User-Customer will be informed by email and will have 7 days to inform ARDARY SMS PRO if he/she does not accept the modifications. Failing this, they will be considered as accepted.
Article 15: Disputes - Jurisdiction
15.1. These general terms and conditions of sale and use are governed by French law.
15.2. The parties, i.e. the User-Customer and REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296, shall not be held liable, or considered to have breached the present conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts.
15.3. These general terms and conditions of sale and use represent the entire agreement between the parties, i.e. between the User-Customer and REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296, and supersede all prior agreements or declarations, oral or written, relating to their subject matter.
15.4. For all disputes relating to the performance or interpretation of these terms and conditions, their consequences and consequences, the parties – namely the User-Customer and REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296 – will seek, before any legal action, an amicable agreement and will communicate to this end all necessary information.
15.5. If one or more stipulations of the present terms and conditions are invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
15.6. Failing conciliation, the dispute will be brought before the French Courts to which the Parties – i.e. the User-Customer and REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296 – expressly grant jurisdiction, including in the event of summary proceedings and multiple defendants, in the event of warranty claims, and for emergency proceedings, protective proceedings, summary proceedings or by petition.
15.7. Any claim or dispute must be sent by e-mail to the following address: “contact@ardarypartners.com”. In the event that a claim relating to the failure or defect of a delivery of content paid for by the User-Customer proves to be founded with regard to the connection traces and systems recorded by REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296 and due to a failure of the means for which REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296 assumes responsibility, REACH TECHNOLOGIES – RCS Lille Metropole B 953 284 296 undertakes to reship the content at its own expense. This is the only remedy to which a User-Customer may be entitled, to the exclusion of any claim for damages.
