These General Terms and Conditions of Sale and Services (hereinafter 'GTC') are applicable to the business relations offered by BJT PARTNERS – QUICKTALK creating and marketing the new telecommunication service “Quicktalk”, a simplified joint stock company (SAS) with a capital of 1,250,000 euros, registered in the Nanterre Trade and Companies Register under the number 480 234 210, whose registered office is located at 50 bis rue Maurice Arnoux in Montrouge (92120), (hereinafter ' BJT PARTNERS - QUICKTALK ' or 'the Service Provider'), to its clients (hereinafter referred to as the 'Client' or the 'Subscriber'), who use this Service only in direct relation with their professional activity.
These GTC, which define the rights and obligations of the parties with regard to the provision and use of the Quicktalk service (“Service”), must be accepted by the Subscriber, who undertakes to transmit them and to ensure that they are respected by all persons invited by it to use this service (hereinafter referred to as 'Users'). These GTC, which you may save, print and retain, shall prevail over any other clauses contained in any other document, unless previously waived expressly in writing. If any clause of the GTC becomes unenforceable for any reason, that clause shall be amended to the minimum extent necessary to make it enforceable.
Note that BJT PARTNERS - QUICKTALK can be contacted using the contact forms on the website www.quicktalk.com , by email at or [email protected] by post at the following address: BJT PARTNERS - QUICKTALK, 50 bis rue Maurice Arnoux, 92120 Montrouge).
Any Subscription to the Service implies acceptance of the GTC.
These GTC are available in several languages, it being understood that in the event of a dispute over the interpretation of the provisions between the different versions, the French version shall prevail.
“Administrator” means any professional who is at least 18 years of age and who is authorised by the Subscriber or another Administrator to administer and manage a User Account.
The 'Client' or 'Subscriber' refers to the person who registers for the Service offered by BJT PARTNERS - QUICKTALK. He/she must be at least 18 years of age and have the power to bind the legal person he/she represents for this purpose. The Subscriber has the option of acquiring licenses to create accounts for other Users.
The 'Incident' refers to the total interruption of the Service, observed and measured by BJT PARTNERS - QUICKTALK.
'Licences' mean the temporary and precarious right given to the Subscriber to create accounts for the benefit of Users, who then benefit from their own Quicktalk telephone number. The Subscriber may acquire one or more Licences when Registering or using the Service.
'Registration' or 'Subscription' is the process by which the Subscriber takes steps to benefit from the Service with BJT PARTNERS - QUICKTALK or with one of its authorised distributors, suppliers, resellers or authorised spaces.
'Quicktalk Accounts' means the Subscriber Account and User Accounts created by the Subscriber.
The 'Quicktalk Number' or 'Number' means the telephone numbers allocated to the Subscriber when Registering for the Service and/or when using the Service and/or the telephone numbers allocated to Users by the Subscriber under the Licences.
The 'Service' refers to the Quicktalk service and all its features.
The 'Subscriber Account' refers to the account created by the Subscriber at the time of Registration and to which the User accounts and the licences acquired by the Subscriber are attached.
'User' means any professional who is at least 18 years of age and who is authorised to use the Service by the Subscriber or an Administrator following the creation of a User account under a Licence. The Service is used by the User under the responsibility of the Subscriber.
'User Account' means the account created by the Subscriber under a Licence and allocated to the User for the use of the Service.
2. Description of the Service
BJT PARTNERS - QUICKTALK offers its Clients the 'Quicktalk' service, which is a telephony service on the Internet (VoIP) and which makes it possible to automatically transfer calls to the Quicktalk number to a mobile telephone number. The person wishing to benefit from the Service must go to the www.Quicktalk.com website in order to register and fill in a valid email address and a postal address corresponding to his/her geographical location which will enable him/her to create a Subscriber Account and possibly User Accounts depending on the number of Licences purchased.
BJT PARTNERS - QUICKTALK then communicates to the Subscriber one or more Quicktalk Numbers which are attached to the Quicktalk Accounts created by the Subscriber, the choice and type of numbers offered depending on the location indicated by the Subscriber when Registering.
Before subscribing, the Subscriber and the User must ensure, in order to obtain a quality service : a good quality Internet connection, with a real speed of 2 Mb/s in reception and 1Mb/s in transmission; a RAM of at least 2 GB; the necessary equipment to manage one's calls: a computer and a headset and/or a mobile phone.
A presentation of the services offered by BJT PARTNERS - QUICKTALK is available on this site at the following address: www.Quicktalk.com . BJT PARTNERS - QUICKTALK reserves the right to change its catalogue of services at any time without prior notice.
3. Subscription conditions and activation of the Service
When Subscribing to the Service, the Subscriber must prove his/her identity and capacity to act and represent the Client by producing supporting documents (such as a k-bis extract, identity card, powers of attorney, etc.).
Activation of a Subscriber Account is left to the discretion of BJT PARTNERS - QUICKTALK, which reserves the right not to activate the Subscriber Account in the event of doubt as to the Subscriber's identity or capacity to commit, inaccurate statements on his/her part, lack of agreement from the bank payment centres concerned, etc.
When a User Account is created under a Licence, a Quicktalk Number is assigned to the User.
Pursuant to Law No. 2020-901 of 24 July 2020 aimed at regulating telephone canvassing and combating fraudulent calls and Directive 2002/19/EC 'Access to electronic communications networks', BJT PARTNERS - QUICKTALK provides the Service in the European Union and requires, for the delivery of the Service, that the User has an address (postal or IP) located in the European Union at the time of the actual use of the Service.
The regulatory authorities may, in this respect, require proof of the User's identity depending on the type and numbering range of the telephone number chosen at the time of Registration. These documents must be provided by the Subscriber when the User Account is created. No activation of the Service will be possible until these documents have been provided.
In the absence of these documents, BJT PARTNERS - QUICKTALK reserves the right to automatically terminate any User Account concerned and no refund will be made. In the event of inaccurate declarations at the time of Registration, and if this situation is not corrected within 8 (eight) days after formal notice from BJT PARTNERS - QUICKTALK, the latter may terminate the User Account by right. All sums paid by the Client shall remain the property of BJT PARTNERS - QUICKTALK.
4. Acceptance and amendment of the GTC
In accordance with article 1127-1 of the French Civil Code concerning the provision of services by electronic means, BJT PARTNERS - QUICKTALK makes available to its clients on its website 'www.Quicktalk.com' the contractual terms and conditions applicable to the Quicktalk service, as well as the various steps to be followed in order to conclude this contract. Prior to the conclusion of the contract, BJT PARTNERS - QUICKTALK will implement reasonable technical means enabling the Subscriber to identify and correct any errors made in the data entry.
To subscribe to the Service, the Subscriber must fill in all the compulsory fields on the online registration form and validate their registration. By ticking the box “I have read and accept the GTC”, the Subscriber acknowledges that he/she has read all the provisions of these GTC and agrees to abide by them without any reservations.
The Subscriber also acknowledges that he/she has full legal capacity or has the authorisation of the person authorised to enter into commitments under these GTC. Subscription to one or more Quicktalk.com Services and the use of the Service(s) and the website www.Quicktalk.com implies full and complete acceptance of these GTC by the Subscriber.
At any time, the Subscriber can change their information and account settings from their online account. For security reasons, it will not be possible to change the email addresses used for authentication. Any costs (Internet connection subscriptions, etc.) incurred by subscribing to and using the Service Provider's Services are to be borne by the Subscriber. The Subscriber guarantees that the data he/she provides is accurate and true. He/she undertakes to update them regularly and to inform BJT PARTNERS - QUICKTALK teams without delay in the event of any change in the data communicated at the time of registration and, if necessary, to make the said changes himself/herself.
All information concerning the use of the Service is given on the website www.quicktalk.com. For further information, Subscribers can contact the customer service department using the online contact form. The customer service is only available in English and French; responses to messages in other languages is not guaranteed.
BJT PARTNERS - QUICKTALK reserves the right to change the manner of use and the GTC of its Services at any time. Subscribers are informed of these changes by any means. All changes to the GTC will apply to all Subscribers, including Subscribers registered before the change. It is agreed that the current contractual relationship with BJT PARTNERS - QUICKTALK will automatically cease if the Subscriber informs BJT PARTNERS - QUICKTALK that he/she refuses to comply with the amended GTC, if the changes are substantial, it being reiterated that no termination will take place if the changes are purely administrative and made in the interest of the Client, if they are directly imposed by the regulations and/or if they do not have any impact on the substantial elements of the Service.
Failing this, and within a period of one (1) month from the date of publication of the revised GTC, the Client shall be deemed to have accepted the revised terms of the GTC.
5. Subscription and use of the service
The Client may benefit from the Service by subscribing to a monthly subscription for a period of one (1) month, renewable by tacit agreement for successive periods of one (1) month. The subscription rates are available on our website www.Quicktalk.com
The Service will be activated and fully invoiced once payment has been made by Client.
When the Client requests inbound portability, he/she must send BJT PARTNERS - QUICKTALK, within a maximum of 7 (seven) days from payment, the information and documents requested at the time of the Subscription that are necessary for this portability, i.e.: the last invoice from the operator(s) of the telephone numbers concerned by the portability, the operator identity record (RIO), proof of address, identity proof as well as the duly completed portability mandate form. Upon receipt of all the above-mentioned documents and subject to compliance with the above-mentioned deadline, BJT PARTNERS - QUICKTALK will initiate the portability procedure. The start date of the commitment shall be understood to be the first day of the invoiced period as indicated on the first invoice.
BJT PARTNERS - QUICKTALK reserves the right to suspend and/or terminate the Service in the following cases
- Massive spam and robocalls: the Subscriber must ensure that each User does not make more than 60 outgoing calls (completed or not) per day of less than 15 seconds duration. If one or more Users reach this threshold three or more times in a month, BJT PARTNERS - QUICKTALK reserves the right to suspend these Users and/or terminate the Service.
- Unreasonable use of the package: For each User, during a given period of time, the rate of use of the Service is the proportion of time during which the User is in communication with the correspondents he has called using the Service. Thus, the average rate of use of the Service is the average rate of use of the Service observed over a set of Users, during a given period of time. The use of the package with unlimited calls is considered reasonable when the average rate of use of the Service observed on all the Users attached to the Subscriber Account is less than five times the average rate of use of the Service as observed on the Quicktalk customer base benefiting from a package with unlimited calls over the last six months. Conversely, BJT PARTNERS - QUICKTALK reserves the right to suspend and/or terminate the Service.
- Shared use of the User Account: The User Account of each User can only be used by this User, from the web browser of his personal computer or from his personal IP telephone.Sharing and shared use of the User Account is not allowed. In particular, the use of the User Account as a call collection and/or termination provider is not permitted and it is notably forbidden to use the Service to receive or make calls with a telephone switch, switchboard, automatic call machine or telephony software. The User Account is limited to one simultaneous call per User.
Any use that does not correspond to a professional use between two natural persons and a normal volume of calls for the management of customer relations and prospects of a small business. In any case, BJT PARTNERS - QUICKTALK reserves the right, in the event of abusive use, intensive canvassing or abnormal use of the Service, to terminate the package with unlimited calls in accordance with Article 18.2 hereof without the Customer being able to object.
Depending on the offer chosen, the Subscriber can activate or deactivate the automatic recording option.
As the regulations relating to the recording of telephone conversations and their retention period vary according to the countries/geographical areas concerned, it is the responsibility of Subscribers and Users, when considering activating this option, to ensure that it is legal in terms of the applicable standards, it being specified that in certain countries, the User must inform his/her correspondents of the recording of their telephone conversation and of the fact that they may object to such recording at any time.
The use of this recording option is the sole responsibility of the Subscribers and Users of the Service, who are responsible for ensuring compliance with local regulations.
Subscribers and Users of the Service therefore undertake, in the event of a complaint relating to the recording of telephone conversations, not to seek the liability of BJT PARTNERS - QUICKTALK and to indemnify BJT PARTNERS - QUICKTALK against any claim, amount and/or sentence that may be brought against it in this respect.
For its part, BJT PARTNERS - QUICKTALK rejects any liability whatsoever in the event of improper use of the telephone conversation recording option by Subscribers and/or Users.
If the call recording option is activated, the recorded calls will be kept for a period of six (6) months, it being specified that BJT PARTNERS - QUICKTALK cannot be held liable in any way for these recordings, their content or their archiving.
BJT PARTNERS - QUICKTALK guarantees the confidentiality of the files thus archived and undertakes not to disclose them to third parties unless ordered to do so by a legitimate authority, such as a court decision.
In the event of termination of the call recording option and/or the Service, BJT PARTNERS - QUICKTALK will automatically delete all the User's archived files. It is therefore the responsibility of the User and the Subscriber in such a case to ensure that they download all their files beforehand.
The applicable prices are those in force at the time of the Subscription and correspond to the prices indicated on the website www.quicktalk.com on the page https://www.quicktalk.com/tarifs.
The subscription price depends on the number of Licences and the number of Quicktalk Number(s) ordered by the Client.
In case of additional Users, you will be asked to pay a pro rata amount corresponding to the period to be covered until the next anniversary date of your subscription. Then, these additional Users will be invoiced on the basis of 10€ HT per month and per user. I.E: the anniversary date of your subscription is the 15th of each month. On April 1st, you decide to add a 4th user to your Quicktalk account. You must immediately pay the sum of €5 excluding VAT for the period from 1 to 15 April for this new user. Then, on April 15th, this user will be added to your subscription of 19€ HT and you will pay the monthly amount of 19+10 = 29€ HT. In the case of calls not included in the Customer's package, an additional per-second charge to be paid by the Customer from the first second will be implemented, except in the case of calls to special numbers. The user may purchase credits to call destinations not included in the unlimited calling package. Calls to these destinations outside the package are deducted from the credits by the second.
7. Change in tariffs
1. Acceptance of the new tariffs
BJT PARTNERS - QUICKTALK reserves the right to change its prices at any time. BJT PARTNERS - QUICKTALK shall be entitled to reduce its prices without any particular delay. In the event of a price increase, the Client will be informed of this at least one (1) month before it comes into force, by means of a message sent to the Client's contact e-mail address.
Continued use of the Service or failure to terminate the Service after this period of one (1) month shall constitute acceptance of the new rates by the Client.
2. Special cases
BJT PARTNERS - QUICKTALK draws the attention of its Clients to the fact that, as an exception to Article 7-1, they do not have the option of cancelling the Service when BJT PARTNERS - QUICKTALK is not the cause of the increase in SMS rates or the telecommunications minutes. This will be the case, for example, when the latter results from:
- a change in the applicable telecommunications regulations;
- judicial and/or administrative decisions;
- an increase in the tariffs of BJT PARTNERS - QUICKTALK's partner telephone operators.
In this case, BJT PARTNERS - QUICKTALK will notify the Client as soon as possible.
8. Method of payment and invoicing
1. Method of payment
Payment for the Services is made monthly by credit card or by automatic debit by credit card. In the event of refusal of payment by our banking partner, the Client will be informed of the failure of the procedure by a message sent to his contact e-mail address. BJT PARTNERS - QUICKTALK reserves the right to terminate access to the Service if the Client has not paid within 24 hours of the e-mail being sent, without this constituting any prejudice for the Client.
Invoices are issued monthly on the anniversary date of the subscription to the Service and will be available in the Customer’s space. Invoices are payable within seven (7) days of their issue date. The sums received by BJT PARTNERS - QUICKTALK are irretrievably acquired. They cannot be reimbursed. All invoices issued are due. The Client's invoicing is carried out according to the data systematically recorded on the computer supports of BJT PARTNERS - QUICKTALK, which are kept for five years from the end of the contractual relationship. This data is proof of the use of the Service by the Client.
In the event of a dispute regarding the amounts invoiced by BJT PARTNERS - QUICKTALK for the use of the Service, the Client must send notification by registered letter with acknowledgement of receipt within thirty (30) days of the date of issue of the invoice, indicating the invoice number to which the dispute relates. The Client shall remain liable for payment pending a resolution. In the event of a reduction in the disputed invoice, BJT PARTNERS - QUICKTALK will issue a credit note to the Client, which will be deducted from the next invoice after agreement between the two Parties.
4. Late payment
Late payment penalties will be due without the need for a reminder, if payment is made after the date stated on the invoice. The interest rate applicable in this case shall be the semi-annual key rate of the European Central Bank in force on 1 January or 1 July, increased by 10 points, without this rate being less than three times the legal interest rate.
A fixed indemnity of €40 will also be due for collection costs for any delay in payment in accordance with articles L. 441-10 and D. 441-5 of the French Commercial Code, it being specified that BJT PARTNERS - QUICKTALK reserves the right to claim additional compensation in the event of recourse to a professional responsible for reminders, formal notices and, in general, for the collection of its debts.
All prices indicated in these GTC or on the website www.Quicktalk.com are denominated in Euros, Swiss Francs or Pounds Sterling excluding tax, depending on the geographical location indicated by the Subscriber at the time of Registration.
By default, the French VAT rate applicable in Metropolitan France is 20%, knowing that the VAT rate effectively applied to the Client will depend on its geographical location and the information it will have provided during its Registration.
1. Use in accordance with the law
The Service should only be used within a legal framework.
It is therefore the responsibility of Subscribers and/or Users to ensure that they comply with the applicable local regulations when using the Service. In case of doubt, it is their responsibility to ask the competent authorities or to consult their counsel. BJT PARTNERS - QUICKTALK cannot be held liable in the event that Subscribers and/or Users fail to fulfil this obligation.
The Client and Users of the Service acknowledge that they shall not use the Service to receive and transmit any unlawful, harmful, defamatory, vulgar, obscene or otherwise objectionable information.
BJT PARTNERS - QUICKTALK has no control over the content of the information conveyed on its network. In the event that BJT PARTNERS - QUICKTALK's liability is sought due to a breach by the Client of the obligations incumbent upon it under the terms of the law or of these GTC, the latter undertakes to guarantee BJT PARTNERS - QUICKTALK against any judgement pronounced against it, this guarantee covering in particular all the legal costs, compensations paid and lawyers' fees which may be charged to it.
The Client and Users are entirely responsible for the use and monitoring of the elements communicated to them by BJT PARTNERS - QUICKTALK and in particular the Quicktalk Number and the identifiers transmitted to them.
The Client and Users undertake not to use devices or software to disrupt or attempt to disrupt the proper functioning of the Service, in particular by imposing a disproportionate load on BJT PARTNERS – QUICKTALK’s infrastructure.
In the event of a breach of the security of its computer system and/or networks, BJT PARTNERS - QUICKTALK will inform the competent authorities.
The Client shall not assign the contract with BJT PARTNERS - QUICKTALK, in whole or in part, and/or transfer it without prior authorisation.
2. Technical limitations
Access to the Service is only possible with the latest versions of the internet browsers Chrome (v22 and later) and Firefox (v21 and later). For optimal use, BJT PARTNERS - QUICKTALK recommends that you always use the latest version of your browser.
The quality of the communication depends on the quality of the User's internet connection, over which BJT PARTNERS - QUICKTALK has no control. BJT PARTNERS - QUICKTALK cannot be held responsible for any disruption of the Service due to a problem with the Client's or the User's Internet connection.
Subject to activation, the Quicktalk service can be used to make local emergency calls (112, 17, 18, 115, etc.) but the Client is reminded that emergency calls made via Quicktalk are specific in that these calls may not be routed if the VoIP service is interrupted and there is a risk that the call will be redirected to an inappropriate emergency call centre and that the emergency services will be sent to the wrong location, as by definition, BJT PARTNERS - QUICKTALK does not know the exact location of the person dialling the emergency number.
The Subscriber acknowledges that he/she is aware of the specificities of the emergency calls made via Quicktalk and has informed all of his/her Users thereof. The User must therefore ensure that he/she has a mobile phone or another landline to be able to contact the emergency numbers, particularly in the event of a service failure.
BJT PARTNERS - QUICKTALK particularly draws the Client's attention to the fact that the Service must not be used as an on-call line (hotline), nor for an activity requiring 100% accessibility.
11. Warranty exclusions and limitation of liability
The warranty exclusions and limitations of liability listed below are within the scope of the law governing this agreement.
1. Warranty exclusions
BJT PARTNERS - QUICKTALK excludes all liability in the event that the Subscribers and/or Users do not comply with the applicable regulations, in accordance with Articles 5, 10 and 11.
The Client hereby expressly acknowledges that it uses the Service with full knowledge of the facts, and in particular that it is aware of the characteristics and operation of the Internet network, as well as the limitations inherent in it. The Service is provided with the highest level of professionalism. However, BJT PARTNERS - QUICKTALK does not grant the Client any particular guarantee, but will use its skills to obtain the most satisfactory results. BJT PARTNERS - QUICKTALK does not guarantee that the Service exactly meets the needs of the Client.
The Client acknowledges that the characteristics and constraints of the Internet do not always allow the security, availability and integrity of data transmissions on the Internet to be guaranteed. BJT PARTNERS - QUICKTALK does not guarantee the quality of the results obtained by the Service, nor does it guarantee the accuracy or security of communications or transmissions, nor does it guarantee against the possible alteration of the data transmitted by the Client, nor does it guarantee the accuracy of the information obtained through the Service. The Client expressly acknowledges that it uses the Service at its own risk. BJT PARTNERS - QUICKTALK may not, under any circumstances, be held liable for any direct or indirect damage, in particular in the event of loss of time, turnover, loss or alteration of data on the part of the Client, linked to a malfunction of the Service.
In particular, the Service may be temporarily interrupted for maintenance, updates or technical improvements, or to change its content and/or presentation. As far as possible, BJT PARTNERS - QUICKTALK will inform its Clients prior to any maintenance or update operation. The Client waives the right to hold BJT PARTNERS - QUICKTALK liable for the functioning and operation of the Service, and in particular in the event of temporary interruptions to the Service to update certain files, operating difficulties or temporary interruptions to the Service beyond the control of BJT PARTNERS - QUICKTALK, or in the event of a power cut or interruption to telecommunications services. The Client hereby understands and acknowledges that any material information or data downloaded or in any way obtained by using the Service is done so at the Client's own risk and that the Client is solely responsible for any damage to the Client's computer system or loss of data resulting from such a problem. No information or advice, whether oral or written, obtained by the Client from BJT PARTNERS - QUICKTALK or its services shall create any additional guarantee.
BJT PARTNERS - QUICKTALK cannot be held responsible for the content transferred through the Service. In this respect, the Client is solely responsible for the content of the transmissions. The Client undertakes to use the Service in accordance with the regulations in force and not to disseminate illegal content. It is therefore forbidden to use the Service to make offensive, indecent, threatening, anonymous or fraudulent calls or for illegal activities. The Client must also take all reasonable precautions to ensure that this does not happen.
In particular, BJT PARTNERS - QUICKTALK cannot be held responsible in any way for the details of calls and communications received through the Service.
2. Limitation of liability
In no event shall BJT PARTNERS - QUICKTALK, its suppliers, employees or subcontractors be liable for any indirect, special or consequential damages resulting from the misuse or inability to properly use the Service. No additional costs resulting from the provision of alternative materials or services will be reimbursed. If BJT PARTNERS - QUICKTALK is nevertheless held liable for the execution of this contract, the Client may only claim to obtain communication credits as compensation or to be reimbursed for the amount of its monthly subscription corresponding to the period to which the Client's complaint relates.
12. Obligations of the Subscriber and Users
As indicated in particular in articles 5, 10 and 11 of these GTC, it is the responsibility of Subscribers and/or Users to ensure that they comply with the applicable local regulations when using the Service.
The Subscriber and Users must pay for their internet subscription (wired internet or mobile data) in order to use the Service. In the event of call forwarding to the User's mobile, the User will be responsible for all related costs (mobile plan, roaming charges,…), particularly in the event of travel to a foreign country.
The Subscriber is obliged to pay the invoices issued by BJT PARTNERS - QUICKTALK in accordance with the provisions of Article 8. The Subscriber and the User undertake to provide BJT PARTNERS - QUICKTALK with a valid email address for the duration of the contract and to inform BJT PARTNERS - QUICKTALK without delay of any changes to the contact details provided at the time of Registration and to comply with these GTC.
Failing this, BJT PARTNERS - QUICKTALK reserves the right to suspend without notice or terminate the Subscriber Account and the related User Accounts.
The Subscriber and the User shall be personally responsible for the rights and obligations towards the management companies of the rights of authors, composers, publishers, producers and other rights holders, dealing in particular with the “on hold” music, including that made available by the Service. BJT PARTNERS - QUICKTALK expressly excludes any liability in this respect.
The Client is responsible for the storage, confidentiality and use of the identification elements (access codes, identifiers and telephone number, etc.) provided by BJT PARTNERS - QUICKTALK and will be liable for any use of the Service made with its identifiers for which it is presumed to be the source. It is the Client's responsibility to implement the necessary measures to protect its data, it being specified that BJT PARTNERS - QUICKTALK recommends that the Client change their password regularly, and in particular at the first login to the User Account. The User undertakes to use secure passwords and to avoid combinations that are too simple (e.g. 123456 or his/her date of birth...).
The Client guarantees BJT PARTNERS - QUICKTALK against any misuse, abnormal use or intensive canvassing by him or his Users when using the Service.
In the event that BJT PARTNERS - QUICKTALK's liability is sought due to a breach by the Client of the obligations incumbent upon it under the terms of the law or of these GTC, the latter undertakes to guarantee BJT PARTNERS - QUICKTALK against any judgement pronounced against it, this guarantee covering all the legal costs, compensations paid and lawyers' fees which may be charged to it.
If the Client has reason to believe that someone is using its identification details or account, it must immediately inform BJT PARTNERS - QUICKTALK at the following email address : [email protected] and change its password, bearing in mind that BJT PARTNERS - QUICKTALK cannot be held responsible in the event of disclosure of these data to third parties.
Finally, the Client acknowledges that it alone is responsible for any damage that may result from any use of the Service from its Subscriber Account.
BJT PARTNERS - QUICKTALK reserves the right to add, modify or remove features to the Services without notice. BJT PARTNERS - QUICKTALK may also make any corrections to the Service that it deems necessary. The User must always use the latest version of the Service and may not request access to earlier versions.
14. Guarantee and continuity of service
Incidents relating to the provision of the Service may be reported to BJT PARTNERS - QUICKTALK by the Client 7 days a week and 24 hours a day at the following address: [email protected] BJT PARTNERS - QUICKTALK undertakes to do everything possible, with the assistance of the Client, to deal with the incident as soon as possible.
BJT PARTNERS - QUICKTALK will therefore endeavour to restore the Service within 2 hours of the Client reporting the Incident, BJT PARTNERS - QUICKTALK's intention being to ensure a monthly rate of availability of the Service of more than 99.95%, this being calculated on the basis of the Incident reports sent during the reference month.
Conversely, BJT PARTNERS - QUICKTALK cannot be held liable and no claim for compensation can be made by the Client against it.
In the event of the closure of the Account for any reason whatsoever, the Client accepts that the telephone number may be allocated after a period of six (6) months to another Client or for another service. The Client expressly acknowledges that BJT PARTNERS - QUICKTALK shall not be liable for any inconvenience (nor for any specific damage) arising from such reassignment and hereby waives any claim relating to such reassignment, even if BJT PARTNERS - QUICKTALK has been advised of possible negative consequences for the Client.
The Client may, however, keep its Quicktalk number in the event of an outgoing portability request to another operator. This request must be made by the Client's new telephone operator at least thirty (30) calendar days before the end of the Subscriber's subscription period. Once the Client's subscription period has expired, no portability request can be taken into account. BJT PARTNERS - QUICKTALK shall not be liable in the event of technical impossibility of outgoing portability of the Quicktalk number or in the event of malfunctioning subsequent to outgoing portability of the Quicktalk number.
1. Inbound portability
Subject to technical eligibility, when Subscribing to the Service, the Subscriber has the option of porting their existing telephone number(s).
The Subscriber acknowledges that he/she is the legitimate owner of the telephone numbers for which he/she is requesting portability.
The Subscriber declares that he/she is informed that the portability of his/her number entails the termination of his/her line as well as the cessation of the services initially associated with the ported number. BJT PARTNERS - QUICKTALK cannot be held responsible if the associated services are discontinued.
Any cancellation of portability by the Subscriber will be invoiced from the moment the portability has been accepted by BJT PARTNERS - QUICKTALK and the Subscriber has received a provisional date for portability.
If the Subscriber wishes to carry out a return portability to his/her original operator, he/she must inform BJT PARTNERS - QUICKTALK before the effective date of the portability of his/her number to the BJT PARTNERS - QUICKTALK network.
The request for portability of the Subscriber's number will only be initiated by BJT PARTNERS - QUICKTALK on receipt of all the documents requested when registering for the Service (complete and signed portability mandate, supporting documents). Any incomplete file will make it impossible to launch the portability request. The implementation of the portability of the Subscriber's number depends in part on the operator of the Subscriber's line. In this respect, BJT PARTNERS - QUICKTALK cannot be held responsible if the announced portability deadlines are not met.
Incoming portability is carried out from Monday to Friday on a technical schedule imposed by the infrastructure operators, which will be communicated to the Subscriber in advance. Any incoming portability request from the Subscriber outside these time slots, if accepted by BJT PARTNERS - QUICKTALK, will be subject to additional billing to the Subscriber.
2. Outgoing portability
Quicktalk Numbers may be ported by Subscribers under certain conditions.
Quicktalk number portability must be requested by the Subscriber's new operator before the contract has been terminated by the Subscriber. The request for portability by the Subscriber's new operator will result in the automatic termination of the ported line and all associated services.
Any outgoing portability request made after termination of the account will not be accepted.
Similarly, any outgoing portability request will be rejected if the Subscriber has not paid all of his/her invoices prior to the date of the request and the remaining months due.
17. Account suspension
In the event that the bank rejects the payment or a refusal to pay on the part of the Subscriber, BJT PARTNERS - QUICKTALK will send a payment link to the Client who will have until the monthly subscription renewal date to pay the invoice. Failing this, BJT PARTNERS - QUICKTALK will definitively delete the Subscriber Account.
Accounts suspended by BJT PARTNERS - QUICKTALK will not give any right to reimbursement of either the subscription or the credits.
The Service will be restored when the Subscriber has paid all outstanding invoices.
It is expressly stated that unpaid invoices remain due and that BJT PARTNERS - QUICKTALK reserves the right to proceed with the compulsory collection of its debts.
BJT PARTNERS - QUICKTALK also reserves the right to suspend the Service as of right and without delay if it is convinced that the Client is using it in a way that is detrimental to it or to third parties, in particular in the event of abnormal traffic or violations of these GTC.
BJT PARTNERS - QUICKTALK may, in particular, suspend the Service if the Client fails to present proof of identity at its request and in the event of fraud.
No claim for compensation will be accepted in the event of temporary or permanent deactivation of the Service.
18. Cancellation / Unsubscription
1. At the Client's initiative
18.1.1. Clients domiciled in France
The Subscriber may terminate the contract up to the day before the monthly anniversary date of the subscription by sending a termination request by e-mail to [email protected]. Credits already purchased will not be refunded.
The Client may also terminate, at any time, the Licences corresponding to the User accounts of its choice from its customer area, without being able to claim any reimbursement from BJT PARTNERS - QUICKTALK.
18.1.2 International Clients (domiciled outside France)
The Subscriber may terminate the contract at any time up to the day before the anniversary date of the subscription by sending a termination request by e-mail to [email protected].
2. At the initiative of BJT PARTNERS - QUICKTALK
BJT PARTNERS - QUICKTALK reserves the right to block a Client's account and to terminate the contract without delay if it considers that the Client is not complying with these GTC or is using the Service in a way that is detrimental to BJT PARTNERS - QUICKTALK or to third parties (abusive use, intensive canvassing, abnormal use, ...).
BJT PARTNERS - QUICKTALK may terminate, without cause, subject to a notice period of three (3) days. If necessary, BJT PARTNERS - QUICKTALK will reimburse the Client the price of the subscription already paid in proportion to the remaining period.
In the event of termination of the Service at the initiative of BJT PARTNERS - QUICKTALK due to unpaid invoices, BJT PARTNERS - QUICKTALK may claim late payment compensation provided for in article 8.4 of these GTC.
The Subscriber may not make any claims for compensation to BJT PARTNERS - QUICKTALK, whatever the cause of the termination of the contract or the temporary or permanent deactivation of the Service.
19. Contract Transfer
BJT PARTNERS - QUICKTALK has the right to assign this contract, in particular in the event of the sale or transfer of all or part of its business and/or assets.
The Client must seek and obtain the prior and express consent of BJT PARTNERS - QUICKTALK in order to assign or transfer this contract.
20. Information technology, freedom and privacy
The Subscriber agrees that BJT PARTNERS - QUICKTALK may send him/her information relating to the operation and development of the Service.
The Subscriber agrees that BJT PARTNERS - QUICKTALK may send information for promotional purposes, in a precise and occasional manner. At any time, the Subscriber may ask BJT PARTNERS - QUICKTALK to stop sending promotional information. The opt-out request can be made by email or by clicking on an unsubscribe link.
21. Intellectual property rights
BJT PARTNERS - QUICKTALK is and remains the owner of the intellectual property rights to the Service, in particular the source codes, and these GTC do not transfer any intellectual property rights to the Client and/or Users. By these GTC, the Client has a right to use the functionalities of the Service, which is personal, non-exclusive, non-transferable and limited to the duration of the service, by remote access via a connection from the Client's site to the BJT PARTNERS - QUICKTALK server. In particular, the Client is strictly forbidden:
- to make any form of reproduction or representation of the Service or its documentation, or to alter or conceal in any way whatsoever the trademarks, distinctive signs or copyright notices affixed to the Service;
- to intervene on the Service in any way and for any reason whatsoever, including to correct errors, the scalable and corrective maintenance being ensured by BJT PARTNERS - QUICKTALK;
- to alter or seek to circumvent any protective features of the Service.
The Client remains the owner of all the Data and information transmitted and processed by BJT PARTNERS - QUICKTALK.
BJT PARTNERS - QUICKTALK shall archive on electronic and/or digital media the documents, information and data useful for the use of the Service by the Client.
The Client can access the elements thus archived on its account via the website www.quicktalk.com.
It is accepted that the information, data and documents stored in this way have probative value between the parties.
23. Applicable law and jurisdiction
The business relations of the parties are governed by French law and in particular by the provisions of the French Civil Code.
By accepting these GTC, the Client irrevocably grants exclusive jurisdiction to the Commercial Court of Nanterre for any dispute relating to these GTC, including, but not limited to, their validity, interpretation, execution and/or termination and their consequences, even in the event of multiple defendants, warranty claims or summary proceedings.
24. Force Majeure
The following are considered to be cases of force majeure as usually retained by the French Courts and in particular, without this list being limitative, exceptional bad weather, natural disasters (lightning, flood, fire, etc.), computer viruses as well as phenomena of electromagnetic or electrical origin disrupting the networks, legal restrictions on the supply of telecommunication services in addition to events that have triggered the application of local or national plans to maintain the continuity of telecommunication services.
In the event of force majeure, neither party shall be liable for the performance or delay in performance of one or more of the obligations contained in this contract.
25. Partial invalidity
If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.
26. Use of the logo
BJT PARTNERS - QUICKTALK reserves the right to use the logos of its Clients for the purpose of promoting its activity and in advertising campaigns on any communication medium (newsletter, press releases, website, etc.)
Furthermore, BJT PARTNERS - QUICKTALK grants the client a non-transferable, non-assignable and non-exclusive right, free of charge and revocable, to use the Quicktalk logo and/or the name Quicktalk solely in the reference lists of its clients, provided that and as long as the Client does not add any other written indication and uses the logo in accordance with the graphic charter and positioning approved by BJT PARTNERS - QUICKTALK without any change.