Terms & Conditions

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: 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 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 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, 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.
• API: Interface for sending and receiving SMS / MMS accessible via an https request.

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 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. REACH TECHNOLOGIES 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.

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.

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.

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.

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 a subscription with ARDARY SMS PRO.

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.

2.6. Subscribing to a subscription with ARDARY SMS PRO entitles the User-Customer to benefit from all the Services and functionalities offered, including: unlimited sending and receiving of SMS / MMS; creation and management of user accounts; creation and management of contact lists; import of contacts; sending and receiving attachments; secure backup of data and messages.

Article 3: Registration - Free trial - Subscription

3.1. Registration

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 with mandatory information: last name, first name, email address, contact telephone number, company name, login and password.

The User-Customer agrees to provide true and sincere information. ARDARY SMS PRO cannot be held responsible for any data entry errors and the consequences thereof.

3.2. Free trial

Validation of the registration form takes immediate effect and entitles the registered User-Customer to a free trial of the Services. The free trial 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.

3.3. Subscription

After the free trial period, the User-Customer may voluntarily take out a subscription with ARDARY SMS PRO for a period of twelve (12) months. If the User-Customer decides to cancel his subscription, the User-Customer must inform ARDARY SMS one (1) month before the expiry date by sending a cancellation request to: contact@ardarypartners.com.

Article 4: Responsibilities of the User-Customer

4.1. The User-Customer agrees to use the Services in accordance with the present terms and conditions.

4.2. The User-Customer is solely responsible for sending messages and for the content of messages sent.

4.3. The User-Customer agrees to comply strictly with all obligations imposed by law n° 78-17 of January 6, 1978 ("Loi Informatique et Libertés"). The User-Customer declares and guarantees that the content disseminated will not infringe any intellectual property rights, will not contain elements contrary to public decency or public order, and is accurate and complete.

4.4. The User-Customer will ensure that neither the content issued nor the Services will contain viruses, worms, Trojan horses, or other harmful code.

4.5. In the event of failure to comply with these conditions, the content will be removed and/or the corresponding account deactivated without prior formality.

4.12. The User-Customer is responsible for managing his blacklist and must ensure that SMS messages are no longer sent to numbers for which a request to stop has been received.

4.15. In the case of mass SMS / MMS dispatch, SMS / MMS must be sent between 8:00 am and 8:00 pm, Monday to Saturday, excluding holidays. A clear explanation of how to unsubscribe by replying STOP must be provided.

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.

5.2. ARDARY SMS PRO undertakes to use all necessary means to ensure the smooth operation of its services. 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.

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.

5.8. SMS / MMS will be considered as sent when they are transmitted to the mobile Operator. Each SMS has a validity period of 48 hours from the date it is sent.

Article 6: Performance, limitation and suspension of service

6.1. Each party may terminate the contract in the event of force majeure.

6.2. The User-Customer is free to cancel the Contract. The User-Customer must inform ARDARY SMS one (1) month before the expiry date.

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.

6.5. The Service is restricted, limited, suspended or terminated by operation of law if payment is not effective.

Article 7: Right of withdrawal

7.1. The User-Customer has the possibility of exercising his right of withdrawal within fourteen (14) days from the subscription date, by sending a message to contact@ardarypartners.com.

7.2. Should the User-Customer use the Service before expiry of the aforementioned period, he expressly acknowledges that he may no longer exercise his right of withdrawal.

Article 8: Financial conditions

8.1. Once the free trial period is over, the Services become chargeable. The User-Customer must take out a subscription to benefit from: secure and rapid access to his account; unlimited sending of SMS / MMS; access to support by e-mail and telephone.

8.3. Subscription fees are payable monthly. All late payments will incur a penalty equal to three (3) times the interest rate in force.

8.4. The prices of Services are indicated on the Site in €uros exclusive of tax.

8.7. ARDARY SMS PRO allows payment by credit card via a secure payment system (Visa, Eurocard / Mastercard, American Express).

Article 9: Data

9.1. From the subscription start date, the User-Customer will have personalized and secure access to his contact list and message history.

9.2. The communication of Personal Data is carried out in compliance with law n° 78-17 of January 6, 1978. The User-Customer has the right to access, modify, rectify and delete personal data by writing to: contact@ardarypartners.com.

9.5. REACH TECHNOLOGIES undertakes to take all necessary precautions to preserve the security of the Content: not making copies, not disclosing to unauthorized third parties, preventing misappropriation, and ensuring preservation and integrity.

9.7. REACH TECHNOLOGIES undertakes to process the Content only in the European Union and in the Member States of the European Economic Area.

9.11. The STOP SMS tool enables recipients to unsubscribe from mailing lists. Its use is compulsory for all canvassing, commercial or promotional campaigns.

9.13. The User-Customer's data will be kept for a maximum of twenty-four (24) months from the last connection. In the event of early termination, data will be immediately deleted.

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.

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.

Article 13: Force majeure

Force majeure is defined as events of an irresistible and unforeseeable nature, beyond the control of the parties. Events recognized include: strikes, wars, embargoes, accidents, fires, blockades, natural disasters, disturbances affecting telecommunications networks, and power cuts.

If the force majeure situation persists for more than three (3) months, the contract may be terminated by either party.

Article 14: Modifications

Any modification of a clause in the general conditions 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.

Article 15: Disputes - Jurisdiction

15.1. These general terms and conditions are governed by French law.

15.4. For all disputes, the parties will seek an amicable agreement before any legal action.

15.6. Failing conciliation, the dispute will be brought before the French Courts.

15.7. Any claim or dispute must be sent to: contact@ardarypartners.com.