Terms of Service - France (Voxbone)

Terms of Service - France (Voxbone)

Skype Number General Terms of Sale

IMPORTANT – READ CAREFULLY

Inability to make calls from Skype Number, notably to the emergency services: by accepting this contract, you acknowledge and accept that Skype Number does not replace your landline and cannot be used for making outgoing calls, and notably does not allow you to make calls to emergency services.

No emergency calls: please note that the service cannot be used to make emergency calls to hospitals, police services, medical centers, or any other type of emergency service. There are some notable differences between traditional telephone services and the service. You must make other arrangements to ensure you have access to emergency services. It is your responsibility to purchase, in addition to the service, mobile telephone or traditional landline services that offer access to emergency services. In the event that, with your permission, another user might use your user account, it is your responsibility to point out to this user that it is not possible to use the service to handle or make emergency calls.

Terms for subscribing to the Skype Number Service: you must be a legal person or a natural person who has reached the age of majority, having full legal capacity, and you must reside in metropolitan France, to which you attest on your honor.

Restrictions: if your country's legislation prohibits you from using the service because you have not reached the authorized age limit, because our products are not authorized in your country, or because you are not authorized to conclude this contract in the name of your company (professional customers only), please do not accept the contract.

GENERAL

Article 1 DEFINITIONS

In this contract, the following definitions beginning with a capital letter are used either in the singular or in the plural:

1.1 Voxbone: refers to the company Voxbone SA, Avenue Louise, 489, 1050 Brussels, registered in the Belgian company register (Banque Carrefour des Entreprises) under number 0478.928.788.

1.2 Account: refers to Your Skype Account, accessible from the Website with the help of your Password and your Username for using the Skype Number Service.

1.3 Contract: refers to these General Terms of Sale governing the terms and procedures by which (i) Voxbone sells the Skype Number Service, and (ii) You subscribe to and use the aforementioned Skype Number Service.

1.4 Data: refers to the information that you communicated to Voxbone and to Skype when you subscribed to the Skype Number Service, such as your last name, first names, home address, telephone numbers, and bank details, as well as the connection data and other technical information collected by Voxbone and Skype during your use of the Skype Number Service.

1.5 Username: refers to the screen name that You have chosen, which, in combination with your Password, gives access to Your Account.

1.6 User License: refers to the License that is given to You by Skype Software SARL for the use of the Skype software.

1.7 Skype Software: refers to the software distributed by Skype Software for communications over the Internet that enables You to use the Skype Number Service, including, without limitation, any update, enhancement or new version thereof.

1.8 Password: refers to a secret code that You choose, which, in combination with a Username, gives You access to Your Account.

1.9 Skype Number: refers to the telephone number, as defined by the French national numbering plan, that is allocated to You by Voxbone for access to the Skype Number Service.

1.10 Emergency Service: refers to services that put you in touch with public emergency services, following the current national regulatory obligations.

1.11 Skype Number Service: refers to the service consisting of a Skype Number and of the possibility to receive communications via this number, with the exclusion of communications for which additional charges are levied. This excludes the possibility to make outgoing communications, notably to Emergency Services.

1.12 Skype: refers to the company Skype Communications Sarl, situated at 23-29 Rives De Clausen, 2165 Luxembourg, Luxembourg, and registered under number B100467, VAT no. LU20981643.

1.13 Website: refers to all elements and content made available via the URL www.skype.com—among other URLs—from which the Skype Software can be downloaded.

1.14 You: the end user of the Skype Number Service and the holder of the User License.

Article 2 General Provisions

2.1 Limitation of guarantee: Voxbone will do its best to provide the Skype Number Service with minimal disruptions. However, Voxbone cannot guarantee that the Skype Number Service will work at all times without disruptions, delays, or other malfunctions. As the Skype Number Service is delivered via the public Internet network and via the public switched telephone network, You understand that there may be electrical power cuts or disruptions to the Internet network, and that You may experience disruptions to the Skype Number Service, for example data loss or delayed connection times. Furthermore, You understand that communications to or from the public switched telephone network are not encrypted and may therefore be subject to legal interceptions or other types of legally authorized monitoring. Voxbone may not under any circumstances be held responsible for any instance of malfunction, delay, monitoring, listening-in, or omission of the Skype Number Service.

2.2 Suspension and Interruption: Voxbone reserves the right, without engaging liability to You, to refuse, restrict, limit, suspend, interfere in or interrupt the Skype Number Service in whole or in part, without prior notice (i) in the event of application of the Contract cancellation clause as defined in Article 11.2, (ii) if any information necessary for provision of the Skype Number Service is not provided to Voxbone within the required time frame, and/or (iii) if You fail to fulfill any of your obligations under the Contract in any way whatsoever.

2.3 Maintenance: Voxbone reserves the right to suspend access to all or part of the Skype Number Service for reasons connected with maintaining or updating the Skype Number Service. Voxbone and/or SKYPE promise to warn You, as far as possible, of any breaks or suspensions in the Skype Number Service, and, more generally, of any maintenance or update operations anticipated or necessary for the development of the Skype Number Service. However, in the absence of prior information, neither Voxbone nor SKYPE will under any circumstances be held liable to You for the payment of any compensation and/or damages.

2.4 The Skype Number Service is not a traditional telephone service. You acknowledge and You understand that the Skype Number Service is not a telephone service and that the Skype Number Service, Skype Software, and/or any other associated products are not intended to replace your telephone. There are significant differences (some, but not all, of which are described in this Contract) between a telephone service and the Skype Number Service provided by Voxbone.

Article 3 Skype Numbers

3.1 Allocation of Skype Number: If you are authorized to receive a Skype Number, it will be allocated to you by Voxbone as soon as possible following Skype's receipt of your request and payment. If a Skype Number is allocated to you by Voxbone, the right to use this number and the cancellation of this right may be exercised at the sole discretion of Voxbone. Additional Skype terms will also apply.

3.2 Limitation of liability: Voxbone will do its best to allocate a Skype Number to You and to permit you to be called on this number by users of the public switched telephone network.

3.3 Refusal, modification or withdrawal of Skype Numbers: In view of the applicable regulatory measures and technical constraints, You are hereby informed that Voxbone reserves the power to refuse to allocate a Skype Number to You, to modify it, or to withdraw it at any time, for which You are not entitled to claim any compensation. In particular, and without limiting the foregoing, Voxbone reserves the right to withdraw immediately the Number that was allocated to You in the event that you do not comply with these terms of contract and/or with instructions given by Voxbone and/or Skype.

3.4 Modification of Skype Number: In the event of a change to the Skype Number that was allocated to You, You will be notified by an e-mail stating the effective date of the change and Your new Number. If You do not wish to accept this new number, You may cancel Your Skype Number by letter or by e-mail addressed to billing@skype.net, with effect from the date on which the new Skype Number has been allocated to You. Voxbone may not under any circumstances be held responsible for any damages that might result from the change in Skype Number. Consequently, it is Your responsibility to inform Your contacts that a Skype Number is no longer assigned to You.

3.5 Portability: In accordance with the provisions of the applicable regulations, You have the right to port your Skype Number to another telephone operator by sending a request to this effect to the telephone operator of your choice. No fees will be charged for the portability of Your Skype Number. However, portability does not give the right to any reimbursement of sums paid for the service.

Article 4 Your cooperation

4.1 Use of the Skype Number Service: You agree to use the Skype Number Service in accordance with this Contract, the User License, the Rules of Skype Etiquette, and current legislation. In addition, You guarantee that You will comply with all justified instructions given by Voxbone or Skype concerning the use of Skype Numbers. In the absence of any error by Voxbone, You are solely responsible for the use of the Skype Number Service, as well as for all consequences, notably financial, resulting from it. In particular, You must ensure that no one has access to the Skype Number Service without Your authorization and ensure the confidentiality of Your Username and Your Password.

4.2 Data: When you subscribe, and before the service is activated, You must communicate to Voxbone the exact Data that is asked of You and You must keep it up to date. Consequently, You must inform Voxbone immediately of any change to this Data, notably any change to bank or address details. Otherwise, the service will not be activated, or, in the case of changes to details not being communicated, Voxbone may block Your access to the Skype Service in accordance with article 11.2. In addition, at any time during the Contract period, following a simple request by Voxbone, You shall provide it with any data or information necessary for the Skype Service to be provided properly. In particular, You agree to provide full and relevant information relating to Your place of residence and to Your use of the Skype Number, as well as any other information necessary in respect of the provisions of the national numbering plan that Voxbone might legitimately be caused to ask you for.

4.3 Prohibition of resale: You agree not to resell the Skype Number Service to any third party.

4.4 Legal purposes: You acknowledge and accept that the Skype Number Service must be used with strict respect for current laws and regulations so as not to breach public order and good moral standards or the rights of third parties. In this respect, You are prohibited (without limiting the foregoing) from using your Account or the Skype Number Service in a fraudulent manner or from failing to respect the Rules of Skype Etiquette (which can be consulted at: http://www.skype.com/en/legal/etiquette/). Any breach of the Rules of Skype Etiquette must be pointed out by sending an e-mail to the following address: support.skype.com

4.5 Compensation: Neither Voxbone nor Skype may be held responsible for any damages incurred by You or by anyone else as a result of any inaccuracies in Data communicated to Voxbone, or due to any breach on your part of instructions given by Voxbone or Skype, or more generally due to any breach of this Contract, current laws, or the rights of third parties.

4.6 Rights: Voxbone agrees to and guarantees that it will respond, within a reasonable period of time, and as far as possible, to any request made by You in relation to the processing of your Data, and to grant You the right of access, correction, blocking, and deletion, as stipulated by the Belgian Law of December 8, 1992 on the protection of privacy in relation to the processing of personal data. You may exercise Your rights contained in this paragraph by sending a request to the following address: support@skype.net.

4.7 Purpose: Voxbone shall inform You of the aims and purposes of the processing of Your Data in executing this Contract so that you can decide freely whether you wish, or not, to provide Voxbone with the Data that may be requested of you or that may be obtained when subscribing to a service provided by Voxbone. Consequently, You are hereby informed, through these General Terms, and you give your explicit, unreserved consent to the processing of Data collected and its retention by Voxbone, for which Voxbone is responsible for the processing. Similarly, You are hereby informed and You give your agreement for the Data to be processed and retained for the following purposes: with a view to maintaining the contractual relationship between You and Voxbone, to manage, administer, provide, extend, and improve the services that you are going to subscribe to or use; with a view to adapting these services to Your tastes, studying the use that You make of them, and improving them.

4.8 Security Measures: Voxbone has implemented the security measures legally required for the processing and retention of Data, and has implemented all technical measures and means available, with a view to preventing the loss, inappropriate use, alteration, unauthorized access, or theft of this Data. However, You understand and acknowledge that these measures cannot avert all risks.

Article 5 USERNAME, PASSWORD AND ACCOUNT

5.1 Username, Password and Account: In order to use the Skype Number Service, you must download the Skype Software and open a Skype Account with the Username and Password that You have chosen. You are solely responsible for maintaining the confidentiality of Your Username and Your Password, and are civilly and criminally responsible for all activities carried out with your Username, Password and Account, including if you have not given Your consent to such activities.

5.2 Notification and compensation: You agree to immediately inform Voxbone or Skype in writing of any unauthorized or fraudulent use of Your Username, Password or Account within the framework of the Skype Service, and You agree to compensate Voxbone and Skype in the event of any litigation entered into with any third party, resulting from or involving the said unauthorized or fraudulent use. Neither Voxbone nor Skype may be held responsible for any damages resulting from the unauthorized and/or fraudulent use of Your Username, Password or Account.

Article 6 PAYMENT AND REIMBURSEMENT

6.1 Charges: To buy the service, you must pay the corresponding charges. You can pay by bank card or by the other payment methods available to you. Unless stated to the contrary at the time of purchase, you cannot buy the service described below using Skype credit. For purchases by bank card, you must provide a valid credit card number (Visa, MasterCard or any other accepted issuer). The list of accepted issuers is subject to change.

6.2 Account Activation: In the event that Skype has sent you a password or coupon number representing a credit for the service, you can activate this balance on your respective account by entering the aforementioned password or coupon number in the corresponding field on the Website.

6.3 Automatic renewal of Skype Number: The function that enables automatic renewal of a Skype Number is activated when you purchase the Skype Number. The balance corresponding to this number is reloaded using the same payment method as when you registered for the service. The automatic renewal of a Skype Number occurs automatically about three (3) days before the expiration of your subscription to the Skype Number. You can deactivate automatic renewal of the number at any time by terminating this Contract.

6.4 Request for reimbursement: The mere allocation of a Skype Number constitutes use of the service. Consequently, Skype Number subscriptions cannot be reimbursed. However, when the service has not actually been provided, requests for reimbursement will be looked into on a case-by-case basis.

Article 7 RATES AND SETTLEMENT

7.1 Settlement: In order to be able to access the Skype Number Service, You must pay the amounts indicated at the time of Your purchase. Unless stipulated otherwise, all the price rates are indicated in euros.

7.2 Changes to price rates: You acknowledge and consequently accept that the price of the Skype Number Service cannot change during your current period of prepaid subscription, but may be subject to changes for subsequent periods. If applicable, the new price rates will be communicated to You at the time of Your next subscription to the Skype Number Service. If You do not agree with the price change, You can terminate this Contract at the end of Your current subscription period.

7.3 Billing error: If You think that Your bill is incorrect, You must contact: support@skype.com within 90 days of the billing date. Upon expiration of this 90-day period, You will lose Your right to contest or to request a refund or correction of any amount billed.

7.4 Period of subscription to the Skype Number Service: You can only use the Skype Number Service during the period of prepaid subscription, and You are responsible for renewing your subscription to the Skype Number Service for a new period if You wish to continue using the Skype Number Service.

7.5 Bills: You understand that you will not receive a bill automatically for any orders for services that you make, and therefore you relinquish any notion of receiving a bill automatically when subscribing to services or upon automatic renewal of these services. However, You will receive one automatically by simply sending a request for one to Skype. You indicate your agreement to bills being sent solely by e-mail.

Article 8 PERSONAL DATA – NATIONAL

TELEPHONE DIRECTORY

8.1 The Data that You provide when you purchase the Skype Number Service is intended for Voxbone and Skype, which are jointly responsible for its processing. The Skype declaration of respect for privacy (http://www.skype.com/en/legal/privacy/) applies to the processing of Your Data by Skype. The following terms apply to the processing of Your Data by Voxbone. Voxbone will use your Data in order to provide You with the service, bill for it, enhance and optimize its quality, comply with its legal and regulatory obligations, inform You of information relating to the Skype Number Service, and, if You have given your express consent, inform You of any commercial offers that might interest You. For these purposes, You agree for Your Data to be stored, processed, and transferred by Voxbone to its subcontractors, which can only access Your Data in order to fulfill certain duties (notably billing) that are indispensable to providing the service, in strict respect of your rights in terms of personal data protection. You also agree that all information concerning you may be communicated to the competent authorities as part of a judicial or administrative investigation, in respect of laws and procedures. Finally, You agree for Your Data to be transferred to Skype, in respect of the declaration of respect for privacy.

8.2 In accordance with the applicable European and national regulations, any complaint concerning your personal data and the use thereof must be made to the Belgian Committee for the Protection of Privacy (Commission belge de la protection de la vie privée). Belgian law will be the only applicable law, in accordance with European law.

8.3. You have the right to access, correct and delete your Data held by Voxbone, by writing to support.skype.com. You must include a copy of your identity card or passport along with your request.

8.4. National telephone directory: Upon request by you, your contact details (last name, first name, address, Skype Number) can appear in the French national telephone directories and information services. You can send the information that you wish to appear in the French national telephone directories and information services by choosing this option in the registration form.

Article 9 LIMITATION OF LIABILITY

9.1 Limitation of liability: In the event of non-respect of Voxbone's obligations to You under the terms of this Contract, Voxbone will agree to pay compensation within the limits stipulated in this article.

9.2 Direct damages: Voxbone can only be held responsible for direct damages resulting from a breach of its obligations under the terms of this Contract. In this regard, direct damages include exclusively: a. All reasonable costs that You have incurred in order to make Voxbone fulfill its obligations under the terms of the Contract; b. All reasonable costs that You have incurred in order to prevent or limit any direct damage as defined by this article; c. All reasonable costs that You have incurred in order to establish the nature and extent of direct damages as defined by this article.

9.3 Ceiling: In all cases, assuming that Voxbone accepts liability in its execution of the Contract, You may not claim any compensation, damages, and interests other than reimbursement for amounts that You have actually paid in respect of the Skype Number Service during the year in which the damage was caused up to a limit of EUR 5,000.

9.4 Indirect damages: In no cases will Voxbone be held liable for additional or indirect damages resulting from the use (notably, loss of revenue, loss of confidential information or other commercial losses, loss of confidentiality caused directly or indirectly by the use or impossibility of using the Skype Number Service).

9.5 Intentional wrongdoing or gross negligence: The limit of liability mentioned in article 9.3 will not apply if and to the extent that the loss is due to intentional wrongdoing or gross negligence by Voxbone.

Article 10 FORCE MAJEURE

10.1 Force majeure: You acknowledge and understand that the Skype Number Service will not function if an instance of force majeure occurs and that Voxbone cannot be considered to have failed to fulfill its obligations under such circumstances. Instances of force majeure are considered to be any events reasonably outside Voxbone's control, such as the following events in particular: act of government, meteorological disturbances, lack or suspension of power supply, lightning or fire, decision by a national or international administrative authority or by any other competent authority, war, public disorder, and the inevitable risks that may stem from the technology and from the complexity of its implementation.

10.2 Consequences of force majeure: In the event that Voxbone is affected by an instance of force majeure, it will do its best to inform You without delay of the extent and duration of its inability to fulfill its obligations or of the delay in executing its obligations. Voxbone cannot under any circumstances be held responsible for any kind of consequence of any instance of force majeure.

Article 11 DURATION, SUSPENSION AND TERMINATION OF

THE CONTRACT

11.1 Validity period: The Contract takes effect on the date of your acceptance of these terms, which is notified by clicking on the appropriate button or link indicated by Skype, and the Contract will remain in force until the end of its validity period, unless it is terminated early by one of the parties under the terms defined below.

11.2 Termination by Voxbone: Without limitation to other forms of recourse and without liability for the associated consequences, Voxbone or its affiliates may terminate the service automatically, with immediate effect and without recourse to courts, and may limit or suspend your use of the service or put an end to it: if the local regulatory authority or a competent court orders Voxbone to no longer provide the service; if Voxbone is no longer able to continue the service due to a change in regulations affecting the service; if any kind of contract binding Skype and Voxbone is terminated; or if we consider that you have violated these terms of service, that you have been held civilly liable for any matter, that you have acted against the stipulations and spirit of Voxbone's or Skype's rules, that you have infringed the intellectual property rights of a third party, that you have participated in activities that are fraudulent, immoral or illegal; or for any similar reason. Voxbone will terminate this Contract, preventing you from accessing your User Account and the Skype service and Software. If you have provided a valid e-mail address, it is possible that Skype will send you a notification by e-mail. Otherwise, in the event of termination of Skype's terms of use, this Contract will be terminated immediately.

11.3 Termination by You: You may terminate the Contract at any time and for any reason, by sending an e-mail to billing@skype.net.

11.4 Consequences of termination: When this Contract is broken for any reason, You must cease all use of the Skype Number Service. Any termination of this Contract leads to all amounts owed by You becoming immediately payable and to the settlement of any other obligation stipulated in this Contract.

11.5 Continuation of obligations: All provisions that are intended to carry on by virtue of their context will be continued beyond the expiration or termination of this Contract, including and without being limited to all obligations concerning Your declarations, guarantees, and compensation.

Article 12 MISCELLANEOUS

12.1 Modification of Contract: Voxbone reserves the right to modify all or part of this Contract. Any planned modification to the Contract will be notified to You by e-mail and will enter into force one (1) month after notification. In this case, in application of article L.121-84 of the French Consumer Code, you have the right to terminate the Skype Number Service within a period of four (4) months from the date on which the modified Contract entered into force, by sending an e-mail to billing@skype.net, with effect from the date on which the revised Contract entered into force. Failing such termination, the fact that You continue to use the Skype Number Service upon expiry of the aforementioned period and/or Your explicit acceptance expressed by clicking on the "accept" button will constitute Your acceptance of being bound by the terms of the modified Contract. In the event of termination, You may not claim payment of any kind of compensation from Voxbone or from Skype.

12.2 Adjustments to the Skype Number Service: Voxbone reserves the right to adjust the Skype Number Service at any time, for example in order to comply with a legal or regulatory obligation. If You do not wish to accept the modification of the Skype Number Service, You can end Your Account by writing or sending an e-mail to billing@skype.net. The termination will take effect from the date on which the modified Skype Number Service is implemented.

12.3 Partial invalidity: In the event that one of the terms or clauses of this Contract is judged to be invalid, null, or inapplicable in whole or in part, all the other clauses of this Contract will remain in force.

12.4 Prohibition of transfer: You are not authorized to transfer this Contract, or the rights granted to You through it, to any third party.

12.5 Transfer by Voxbone: Voxbone is authorized, at its sole discretion, to transfer this Contract, or any right granted through it, to any third party, without prior notice.

12.6 Right of withdrawal: In accordance with the provisions of article L.121-20 of the French Consumer Code, You have a period of 7 full days from the date of subscription to the service to exercise your right of withdrawal by writing to billing@skype.net. If You use the Skype Number Service before the expiration of the period of 7 days, You can no longer exercise your right of withdrawal, as a result of this.

12.7 Complaints: Should you have any kind of complaint, You must write to support.skype.com, including in order to point out any content or activity that seems to you to be illegal, to infringe the rights of third parties, or, more generally, to contravene the Rules of Skype Etiquette.

12.8 Correspondence: In all correspondence, You agree to mention your last name, first name and Username so that you can be identified and Your request can be dealt with. Any incomplete request cannot be dealt with by Skype or Voxbone.

12.9 Applicable law: These General Terms are governed by Belgian law.

12.10 Jurisdiction: Any dispute concerning the formation, interpretation, or execution of these terms will in the first instance be subject to an amicable settlement between the Parties. In the event that this process fails, You can raise the dispute free of charge with the French Ombudsman of electronic communications (Médiateur des communications électroniques) either directly or through a consumer association. This can be done online or by mail using the form designed for this purpose. This form can be downloaded from the Ombudsman's website www.mediateur-telecom.fr or can be requested by simply sending a request to the French national consumer service. It must be sent to the Ombudsman's postal address: Médiateur des communications électroniques BP999 75829 Paris Cedex 17, France. If this does not enable the disagreement to be resolved, any dispute will be subject to the consideration of the competent courts of Brussels. In the particular case that You are a legal person, the Parties declare that any dispute concerning the formation, interpretation, or execution of these terms is the exclusive competence of the Commercial Court of Brussels.