Is called the supplier company , hereinafter referred to as “Opportunity” , located at 455 Promenade des Anglais – Nice Premier – 06200 NICE, FRANCE.
SAS with capital of € 1 021 285,00 , PARIS RCS : 481 483 626
Called customer natural or legal signatory person of an online order.
Called identifying the couple username / password for the client to identify itself on the network.
Called customer storage space allocated by Opportunity to each client space.
Is commonly called netiquette all the rules of use of Internet users , including:
- Do not send mass sms to people who did not request ( “junkmail” or “Spam” ) .
- Do not post a message to one or more groups , with content unrelated to the theme of these groups.
- Respect copyrights .
- Do not go against the RFC1855
This agreement is to define the conditions and manner in which Opportunity offers its customer ‘s products . Offer and any offer SMS SMS +
The entire offer Opportunity allmysms is detailed at: https://www.allmysms.com . The order posted online is an integral part of this contract . Any order of one or more Opportunity online products constitutes acceptance of this contract.
On SMS packs , no validity is fixed under the guise that the rates do not increase , in which case the validated packs will be set at one year from the date of purchase , the invoice .
Any default or delay in payment by the customer results in automatic termination of this contract. Opportunity reserves the right to terminate this Agreement at any time and without notice , subject to the sending of a registered letter ed to the customer ( at the address provided when registering online ) . In the case of non-payment , failure to use policies or for any other reason at the discretion of innovations MS , Opportunity have the right, without notice and immediately suspend the customer’s account in refunding the unused balance of payment. In case of violation of Service policies, the customer’s account may be suspended without refund.
3.1 – The identifier :
After ordering online and confirmation of payment of the product, the customer receives an identifier to the email address in the order form . This identifier is used to administer the Opportunity order és produced by the client ( the client has access space)
3.2 – Client area:
Opportunity offers customers hosting its DNS servers of its customer bases and number lists data on payment of a rental charge depends on the product chosen by the customer . Opportunity undertakes not to disclose and use under any circumstances customer databases hosted on its servers.
The customer has complete freedom regarding the content of sms and sms + , limited to 160 characters for SMS offer.
When the message return SMS + , the words “edited by msi” will be presented in the sms- mt accordance with the regulations governing the sms + and compliance with laws and regulations in force in France and in his native country . It is forbidden to publish any type of content associated directly or indirectly
- Pirated programs (MP3, cracks …)
- Traps, scams ( Payplay fishing, etc…)
- A racist or profane antisemiste
Opportunity reserves the right at any time and without notice , to deny sending sms with any content that does not conform to French law , international or netiquette.
The customer agrees to provide accurate and truthful information when registering . It is committed to preventing Opportunity of any change in the data and would be solely responsible for any malfunction that may result from incorrect information.
The client assumes full responsibility for any infringement of intellectual or industrial property rights of others, public order and morality and any other disputes concerning or sms messages sent by the MS Society Innovations.
The customer is solely responsible for selecting content sms messages. In no event shall Opportunity can not be held responsible for appeal concerning the content broadcast by sms messages.
Customer must maintain an email address and a valid mailing address . The information will be updated by the web interface for this purpose .
The customer agrees not to enter computer systems Opportunity or attempt to do so.
In case of incomplete or incorrect , missing documents, non- compliance with the naming charter or information , Opportunity suspend any application and no credit or refund will be made. You then have a period of 14 days to provide the necessary information . After this period, your order will be canceled .
Pursuant to Article 34 of Law 78-17 of 6 January 1978 relating to computers, files and freedoms, you have a right to access, rectify and delete data concerning you. We may need to send you information about our products. In any case , we do not provide your information to third parties.
Opportunity is committed to make every effort to complete the recording / sending sms after payment validation of the command messages. It is, however, an obligation of means and in any case an obligation of result .
5.1 – Content:
Opportunity exercises no control over the content sent by the client, whether through its client area or letters that would be required to send. In no event shall Opportunity can not be held liable as a result of any action or claims of third parties , including the fact Responsibility:
On information, sounds , images, text and multimedia document contrary to all laws and regulations , content and / or distributed on client space by the client. Filmography
Infringement of intellectual property rights relating to works contained or distributed , in whole or in part on the customer’s customer space.
5.2 – Accessibility:
Because of the characteristics and limitations of the Internet , the client is aware of, Opportunity can in no way be held responsible speeds sending sms messages worldwide or delays , difficulties in accessing customer space . Opportunity can not be held responsible for non delivery of SMS messages , e-mails , due to the same limitations and characteristics of the Internet . Opportunity reserves the right to temporarily suspend access to its services for reasons of maintenance and / or improvement without the right to compensation. However , Opportunity is committed to implement all the means at its disposal to minimize this type of interruption.
5.3 – Security:
The responsibility of Opportunity can not be held liable for malicious introduction on the client or the client area for piracy mailboxes client , despite all the security measures taken by Opportunity.
5.4 – Disclaimer of Warranties:
Opportunity service is provided on an availability basis . Opportunity specifically disclaims any other warranties, including any warranty of merchantability or fitness for a particular purpose . In no event shall Opportunity be liable for any consequential, indirect, special or consequential . Although Opportunity was informed by the client of the possibility of such loss or damage potential . If the service Opportunity client was upset , or malfunction for any reason , Opportunity is not responsible for the loss of income due to an interruption of service.
5.5 – Force majeure:
Opportunity will not be responsible for any delay or failure to when the cause of the delay or failure was due to the occurrence of a force majeure generally recognized by the courts. The force majeure suspends the obligations of this contract for the duration of its existence. However, if the event of force majeure lasts for more than 30 consecutive days, it would open right to the automatic termination of this Agreement by either party eight days after sending a registered letter with acknowledgment of receipt letter notifying the decision .
5.6 – Compensation:
Customer agrees to defend, indemnify and hold harmless Provider against any loss, damage or claim (including honorary agent) related to the use of this service provided by the supplier to the customer under this agreement, including but not limited to : false, claimed responsibility for the product or service sold by the customer, “copyright” or trademark, interruption or failure of the operation of the service or for any content submitted by the client
Any default or delay in payment by the customer results in automatic termination of this contract. The customer may cancel their subscription before the term meaning the Opportunity in writing ( registered letter with acknowledgment ed ) . This termination does no refund.
If you do not want to renew your contract, just do not respond to our reminders.
In addition, in accordance with Article 441-6 of the Commercial Code, penalties for late payment will be due in the absence of payment and will be calculated at the rate of 3 times the legal interest rate in force, as well as a lump sum compensation for recovery costs of 40 euros. Early payment of invoices will not give rise to any discount.
Prices shipments sms messages and services offered are those listed on the order form. They include all taxes (VAT ) and are payable within 30 days. Opportunity may change prices at any time without notice . The price of prepaid benefit is guaranteed for the period. Opportunity reserves the right to pass without delay any new tax or increase the rate of existing taxes.