Please note that you are not
allowed to use the VoIP services in territories where offering or using
such services is forbidden by law. By agreeing to this Terms of Service,
you will explicitly state that you have verified in your own territory if the offering
and use of such services is allowed.
1.1
These
words have the following meanings in this agreement, either in the singular or
in the plural form.
Account:
refers to the
ability to use the jourdain-informatique VoIP service;
VoIP service:
means the
service provided by jourdain-informatique which allows subscribers to make calls
to End-Users and for which jourdain-informatique receives payment;
Password:
refers to a code
you selected, which, in combination with the User ID, gives you access to your
Account;
User ID /
Account Number:
refers to an
identification code you selected, which in combination with the Password, gives
access to your Account;
jourdain-informatique:
refers to
the entity jourdain-informatique, with its address at 11P.O. Box 2938 Abidjan
11. Republic of Ivory Coast.
Subscriber:
means a
subscriber of the VoIP service;
End-User:
refers to the
end user who is on the Public Switched Telephone Network.
2.1
jourdain-informatique
shall endeavour to provide the VoIP service with minimum disruptions. However
jourdain-informatique cannot guarantee that the VoIP service will always
function without disruptions, delay or other imperfections. Since the VoIP
service will be transmitted through public Internet lines and the public
switched telephony network, you understand that you may experience some
disruptions in the VoIP service, e.g. packet loss and delay. Additionally, you
also understand that calls to or from the public switched telephony network are
not encrypted and as such, could be potentially subject to eavesdropping by law
enforcement officials or other third parties over the public Internet.
2.2
jourdain-informatique
is entitled, without any liability, to refuse, limit, suspend and/or interrupt
the VoIP service, for any reason whatsoever, at its own discretion and without
any notice to you.
2.3
jourdain-informatique
may change the technical features of the VoIP service in order to keep pace
with the latest demands and technological developments.
2.4
jourdain-informatique
is not responsible for the communication transmitted through the VoIP services.
However, by accepting this Terms of Service, you agree to use the VoIP service
only for lawful purposes.
2.5
You acknowledge
and understand that the VoIP service is not a traditional telephone service.
Important distinctions (some, but not necessarily all, of which are described
in this Terms of Service) exist between the traditional telephone service and
the VoIP service provided by jourdain-informatique.
3.1
You expressly
acknowledge and agree that the VoIP service provided by jourdain-informatique does
not and is not intended to support or carry emergency calls
to any type of hospitals, law enforcement agencies, medical care unit or any
type of emergency services of any kind and that jourdain-informatique is not
liable in any manner for such calls. In the event that, with your permission,
another user uses your account, you are responsible to inform that user that it
is not possible to support or carry emergency calls with the jourdain-informatique
VoIP service.
4.1
You will use the
VoIP service in accordance with these Terms of Service, the End User License
Agreement and the relevant legislation.
4.2
You will at all
times provide jourdain-informatique in good time with any data or information
necessary to a proper providing of the VoIP service.
4.3
If any data
required for the providing of the VoIP service are not available to
jourdain-informatique or not available in good time or not in accordance with
the arrangements, or if you do not fulfil your obligations in any other way,
jourdain-informatique will be entitled to suspend the provision of the VoIP
service.
4.4
You agree not to
resell the VoIP service to any third party unless you are an assigned
reseller by jourdain-informatique.
4.5
You agree to
indemnify, hold harmless and defend jourdain-informatique at your expense,
against any and all third-party claims, actions, proceeding and costs,
including but not limited to reasonable attorneys fees, incurred by jourdain-informatique
arising out of or relating to your violation of the Terms of Service, the
agreement, applicable law, or rights of any third parties and/or the misuse of
the VoIP service.
5.1
In order to make
use of the VoIP service, jourdain-informatique will grant you a User ID,
Password and Account.
5.2
You are solely
responsible for maintaining the confidentiality of your User ID and Password.
You are responsible and liable for all activities conducted through your User
ID, Password and Account, even if this occurs without your permission.
5.3
You agree to
immediately notify jourdain-informatique in writing of any unauthorised and/or
fraudulent use of your User ID, Password and/or Account. You agree to indemnify
jourdain-informatique against any and all third party claims and all related
liabilities arising out of, or relating to, the use of your User ID, Password
and Account.
5.4
jourdain-informatique
reserves the right to change your User ID or Password if this is in the
interest of the functioning of the VoIP service or to prevent fraudulent use of
the VoIP service.
6.1
In order to pay
for the VoIP service you must deposit a credit balance (Pre-Pay amount)
on your account(s) by credit card, banktransfer, Western Union payment, or
other means which may be made available by jourdain-informatique. New accounts
paid by credit card are activated immediately upon receipt, validation and
fraude-check of credit information. You must give us a valid credit card number
(Visa, MasterCard, American Express or any other issuer then-accepted by
jourdain-informatique ) when the VoIP service is activated.
jourdain-informatique reserves the right to stop accepting credit cards from
one or more issuers.
6.2
In the (near
future) event jourdain-informatique has provided you with a password or voucher
number which represents a credit balance for the VoIP service, you will
activate this credit balance on your account by typing this password or voucher
number on the relevant part of the website www.jourdain-informatique.com.
6.3
All credit
balances on your Account are non-refundable. Notwithstanding the foregoing,
jourdain-informatique will refund a credit balance, deposited by you through
credit card, in the event you terminate your Account pursuant to article 7.2
and 15.1.
6.4
A credit balance
expires after 180 days. Credit balances not used within said 180 day period
will be lost. However, if additional credit balances are placed into your account
before the current account balance expires, the existing credit balance will be
carried over to the new expiration date.
7.1
For credits for
the VoIP service purchased, you shall pay jourdain-informatique the tariffs as
stated on the website www.jourdain-informatique.
Unless stated otherwise, all tariffs and charges shall be stated in Euros and
shall be exclusive of value added taxes (VAT) or any other applicable taxes.
7.2
jourdain-informatique
reserves the right to change the tariffs at any time without giving notice on
the website www.jourdain-informatique. If you do not wish to accept such
adjustment of tariffs, you are entitled to terminate your Account, by written
notice, with effect from the date on which the adjustment of tariffs would
become effective. You agree that by continuing to use the VoIP service
following the adjustments of the tariffs, you accept such adjustments.
7.3
Charges shall be
calculated by multiplying the duration of the call by the applicable tariff.
The duration of a call shall be based on 6 seconds increments with the first 12
seconds of each call always charged at any time. Fractions of the 6 seconds
increments will be rounded up to the next 6 seconds for every 1 second or
longer.
7.4
During the call,
charges incurred will be deducted automatically from the Pre-Pay amount in your
account.
7.5
In the event you
believe that jourdain-informatique has charged you in error, you must contact
jourdain-informatiques customer services within 7 days after such charge.
Refunds or adjustments will not be given for any charges which are more than 7
days old.
7.6
You can only
make use of the VoIP service when your account has a positive and sufficient
credit balance for the call you would wish to make.
8.1
jourdain-informatique
is committed to respecting your privacy and the confidentiality of your
personal and traffic data. The Privacy Policy for Paid Services, published on
jourdain-informatiques website www.jourdain-informatique, applies to the use of
personal data and the traffic data, as well as the confidential information
transmitted via the VoIP services.
9.1
All intellectual
property rights regarding the VoIP service, including but not limited to the
software and documentation that is used therefore developed and/or owned by
jourdain-informatique shall be and shall remain the sole property of
jourdain-informatique . The providing of the VoIP services does not imply any
transfer of intellectual property rights.
9.2
You shall only
obtain a non-exclusive and non-transferable right for the use of the VoIP
services for the agreed objectives. You commit yourself to adhere strictly to
any conditions laid down in the Terms of Service or imposed in any other way.
10.1
In the event of
jourdain-informatique being in breach of any of its obligations towards you
under the agreement, jourdain-informatique will accept liability to pay damages
only to the extent as laid down in this article 10.
10.2
jourdain-informatique
can only be held liable for direct damages resulting from an attributable
failure to perform its obligations under the agreement. Direct damages in this
respect exclusively mean:
a.
all reasonable costs incurred
by you in order to have jourdain-informatique perform its obligations under the
agreement;
b.
all reasonable costs incurred
by you in order to prevent or limit any direct damages as meant in this
article;
c.
all reasonable costs incurred
by you in order to establish the nature and scope of the direct damages as
meant in this article.
10.3
The direct
damages as meant in this article shall be limited to the amount the
amount actually paid by you for the VoIP service during the year in which such
damages occur. In no event, however, shall the total compensation for any
direct damages exceed the actual Pre-Pay amount IN the account at the time such
damages occur.
10.4
To the maximum
extent permitted by applicable law, in no event shall jourdain-informatique be
liable for any special, incidental or consequential damages whatsoever
(including but not limited to, damages for loss of profits or confidential or
other information, for business interruption, for personal injury, for loss of
privacy arising out of or in any way related to the use of or inability to use
the VoIP service), even if jourdain-informatique has been advised of the
possibility of such damages and even if the remedy fails of its essential
purpose. Any investements made by the users of the VoIP service(s) from
jourdain-informatique to be able to make use of these services are not and will
never be the responsibility of jourdain-informatique. Therefore,
jourdain-informatique will not be liable for losses or damages that are the
direct- or indirect result of these investments, whether these investments will
be materialistic or financial.
10.5
The above
limitation of liability in article 10.3 shall cease to apply if and insofar as
the loss is due to jourdain-informatiques wilful intent or gross negligence.
11.1
You acknowledge
and understand that the VoIP service does not function and
jourdain-informatique will not be in breach of any of its obligations towards
you under the agreement in the event of a force majeure event. A force majeure
event means any event beyond the control of jourdain-informatique including,
but not limited to, an act of God, insurrection or civil disorder, war or
military operations, national or local emergency, power outage or Internet
service or servers disruption, flood, subsidence, or weather conditions of
exceptional severity.
11.2
In the event
jourdain-informatique is affected by a force majeure event, it shall promptly
notify you of the estimated extent and duration of its inability to perform or
delay in performing its obligations, on a best efforts basis.
12.1
The agreement
will be effective as of the date you accept the agreement, and will remain
effective until terminated by either party as set forth in this Terms of
Service.
12.2
You may
terminate this agreement at any time, under the conditions provided herein.
jourdain-informatique may terminate this agreement at any time, with or without
cause, by providing notice to you and/or preventing your access to your account
and to the VoIP service.
12.3
Upon termination
of the agreement for any reason all licenses and rights to use the VoIP service
shall terminate and you will cease any and all use of the VoIP service.
12.4
All provisions
which must survive in order to give effect to their meaning shall survive any
expiration or termination of this agreement, including without limitation, all
of your representations, warranties and indemnification obligations.
13.1
You may not
assign, or otherwise transfer, the agreement, or any rights or obligations
hereunder without the other partys written consent (which consent shall not be
unreasonably withheld or delayed).
14.1
The Agreement
shall be governed by the laws of Ivory Coast.
14.2
All disputes
that may arise under or in connection with the Agreement shall be exclusively
submitted to the competent Court within Abidjan, Republic of Ivory Coast.
15.1
jourdain-informatique
may modify these Terms of Services at any time by publishing the revised Terms
of Services on the website www.jourdain-informatique.net. If you do not wish to
accept these revised Terms of Service, you are entitled to terminate your
Account, in writing or by e-mail to jourdaininformatique@gmail.com, with effect
from the date on which the revised Terms of Service would become effective. You
agree that by continuing to use the VoIP service following the publishing of
the revised Terms of Service, you accept these Terms of Service.
15.2
jourdain-informatique
reserves the right to adjust the VoIP service at any time, for example to
conform with legal and regulatory obligations. If you do not wish to accept
these adjusted VoIP service, you are entitled to terminate your Account, in
writing or by e-mail, with effect from the date on which the adjusted VoIP will
be provided.
15.3
The invalidity
or unenforceability of any provision of the Terms of Service shall not affect
the validity or enforceability of the remaining provisions of this Terms of
Service. In the event of any provision of the Terms of Service being determined
to be invalid, unlawful or unenforceable to any extent, parties shall agree
upon a new provision that is to approximate the contents and scope of the
original provision.
Last revised: May 18, 2007.