Version dated : 28/02/2024
These General Terms and Conditions of Sale and Services (hereinafter “GTCS&S") are applicable to the provision of Services by BJT PARTNERS - RINGOVER GROUP, creating and marketing the telecommunication service “Quicktalk”, a simplified joint stock company with a capital of 1,511,491 euros, registered in the Nanterre Companies Register under number 480234210, whose registered office is located at 50 bis rue Maurice Arnoux in Montrouge (92120), (hereinafter “QUICKTALK”), to its customers (hereinafter the “Customer”). It is specified that the Services are strictly limited to use for professional purposes, to the exclusion of any use as a consumer within the meaning of the Consumer Code. The GTCS&S must be accepted by the Customer who undertakes to transmit them to the Users and to ensure that the latter comply with them.
“Access” means a limited right granted to the Customer to create a User Account.
“Customer” means the legal or natural person who subscribes to a Service as a professional.
“Customer Account” means the account created by the Customer at the time of Subscription and to which the Users’
accounts and the Accesses acquired by the Customer are linked.
“User Account” means the account created by the Customer under an Access and allocated to the User for the use
of the Service.
“Customer Content” means information available to the Customer independently of the use of the Services and
submitted by the Customer in the course of using the Services.
“Contract” means the contractual whole consisting of these GTCS&S and its Appendices.
“Effective Date” means the date of signature hereof by the parties.
“Incident” means the total interruption of the Service, as determined and measured by QUICKTALK.
“Confidential Information” means all information that is designated as confidential or which ought reasonably to be
regarded as confidential having regard to the nature of the information and the circumstances of disclosure including
the terms hereof and (including prices), business and marketing plans, technology and technical information, product
plans and designs, and business processes disclosed by such party.
“Quicktalk Numbers ”means the telephone numbers allocated to the Customer at the time of Registration for the
Service and/or when using the Service and/or the telephone numbers allocated to Users by the Customer under the
Accesses.
“Services” means all the services provided by QUICKTALK accessible on the Platform as described in Appendix 1.
“Subscription” means the process by which the Customer takes steps to benefit from the Service with QUICKTALK
or with one of its authorised distributors, suppliers, resellers or authorised spaces.
“User” means any person authorised by the Customer to use the Service under an Access.
The Customer ensures that the person subscribing to the Services on behalf of the Customer proves their identity and their capacity to act and represent the Customer by producing potentials proofs (such as a company registration certificate, proof of identity, powers of attorney, etc.). The User must have an address (postal or IP) located in the European Union when actually using the Service. For this purpose, the regulatory authorities may 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 Customer when the User Account is created. No activation of the Service will be possible until these documents have been provided. QUICKTALK may also refuse to activate the Services or terminate them in the event of a false or fraudulent declaration and in the absence of rectification within eight (8) days of formal notice sent by QUICKTALK.
To subscribe to the Service, the Customer must fill in all the compulsory fields on the online registration form and validate their registration. The Customer may correct, before finalising their Subscription, any error they may have made when entering information about themselves. By ticking the box “I have read and accept the GTC”, the Customer acknowledges that he/she has read all the provisions of these GTC and agrees to abide by them without any reservations.
This Contract shall commence on the Effective Date and shall continue until all Subscriptions entered into hereunder have expired or been terminated (the “Contractual Term”).
The Client may benefit from the Service by subscribing for a period of one (1) month, tacitly renewable for successive periods of one (1) month.
QUICKTALK takes specific measures when it suspects fraudulent or abusive use of its Services. Therefore, the Customer must ensure that each User does not exceed the usage limits detailed in points 1 and 2 of Appendix 4. In addition, the other limits and restrictions stipulated by QUICKTALK in point 3 of Appendix 4 shall apply.
The Customer undertakes to use the Service in accordance with any applicable local regulations and undertakes not to use any device or software to disrupt or attempt to disrupt the proper functioning of the Service, in particular by imposing a disproportionate load on QUICKTALK's infrastructure.
The applicable prices are those in force at the time of the Subscription and correspond to the prices indicated on the page https://www.quicktalk.com/pricing. The applicable prices and special terms and conditions are in Appendix 3 hereto. The prices are quoted in Euros, Swiss Francs or Sterling Pounds excluding taxes depending on the location of the Customer at the time of Registration.
QUICKTALK reserves the right to change its prices at any time. QUICKTALK will inform the
Customer about any price decrease. In the event of a price increase, QUICKTALK will inform the Customer of the new
prices at least one (1) month before they come into force, by means of an email sent to the Customer'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 prices by the Customer. If the Customer wishes to terminate the contract as a result
of the price increase, the Customer shall not be liable to pay any early termination fees.
As an exception to the above, the Customer does not have the right to terminate the Service if QUICKTALK is not
the cause of the increase in 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 prices of QUICKTALK's partner telephone operators.
In this case, QUICKTALK will notify the Customer as soon as possible.
Payment for the Service is made by bank card or direct debit only. At the time of Subscription, the Customer provides their bank details and authorises QUICKTALK to automatically debit their bank account for the sums due for the Service, in accordance with these GTCS&S. The monthly instalments will be debited automatically on the anniversary date of the Subscription.
Invoices are payable in arrears and issued monthly on the anniversary of the
Subscription. If additional Users are added, the corresponding subscriptions will be invoiced on a pro rata basis until
the next anniversary date of the initial subscription. QUICKTALK reserves the right to make payment by Bank Card
within 30 days of the date of issue of the invoice. The Customer can access their invoice on their customer page on
the
To the extent permitted by law and unless the appointed administrator decides otherwise, the Parties may also
immediately and upon written notice terminate this Contract if the other Party is subject to liquidation or receivership
proceedings (or any other similar proceedings). In the event of termination of the
Contract at the initiative of QUICKTALK due to unpaid invoices, QUICKTALK may claim late payment compensation as
provided for in article 4.4 of these GTC&S. Subject to technical eligibility, when subscribing to the Service, the Customer may port one or more existing telephone
numbers. The Customer declares that they are the legitimate owner of the telephone numbers for which they are requesting
portability. The Customer acknowledges that porting their number entails the termination of their previous line as well
as the cessation of the services initially associated with the ported number. QUICKTALK cannot be held liable for the
discontinuation of the associated services. If the Customer wishes to request a new portability to their original
operator, they must inform QUICKTALK before the effective date of the portability of their previous number.
The Customer's number portability request will only be initiated by QUICKTALK once it has received all the
documents requested during registration for the Service. Any incomplete file will make it impossible to launch
the portability request. The implementation of the Customer's number portability depends in part on the
operator of the Customer's line. In this respect, QUICKTALK cannot be held liable if the announced portability
deadlines are not met. Incoming portability is carried out from Monday to Friday according to a technical schedule
imposed by the infrastructure operators, which will be communicated to the Customer in advance. Any incoming
portability request from the Customer outside these time slots, if accepted by QUICKTALK, will be subject to
additional billing to the Customer. The start date of the commitment shall be understood as the first day of
the invoiced period as indicated on the first invoice. In the event of the closure of the Quicktalk account for any reason, the Customer accepts that the telephone number
may be allocated after a period of six (6) months to another Customer or for another Service. However, the Customer may
keep their Quicktalk Number if they request outgoing portability to another operator. This request must be made by the
Customer's new operator at least thirty (30) calendar days before the end of the Subscription period. Once the Customer's
Subscription period has expired or the Subscription has been terminated, no portability request can be considered. The portability request by the new operator will result in the automatic termination of the ported line and all
associated services. In order for outgoing portability of the Quicktalk Number to be accepted, the Customer must have
provided proof of a valid local address in the geographical area of the Quicktalk Number concerned when
the Quicktalk Number was activated. 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. All rights, including intellectual and industrial property rights, in particular copyrights, trademarks,
patents, as well as domain names, business secrets, and know-how relating to the content of the Services and the
Services themselves, belong to QUICKTALK. These GTCS&S do not entail any transfer of ownership rights over the
Services and their content. The Customer has the right to use the Services under the terms of these GTCS&S for
the term of the Subscription. The Customer remains the owner of the
Customer Content and must have the necessary rights to the Customer Content. The Customer hereby grants QUICKTALK,
for the duration of any rights to the Customer Content, a non-exclusive, royalty-free, worldwide license to use the
Customer Content in order to provide the Services to the Customer or as otherwise required under these GTCS&S. The Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, and suitability of
the Customer Content. The Customer also grants QUICKTALK a non-exclusive, royalty-free, worldwide license to use the
Customer's trademarks for the purpose of promoting its business and in advertising campaigns on any communication medium. The Customer and the User are personally responsible for fulfilling their obligations to rights management companies representing
authors, composers, publishers, producers, and other rights holders, particularly regarding “on hold” music, including that made
available by the Service. QUICKTALK expressly excludes any liability in this regard. If Customer Content provided to QUICKTALK contains personal data as defined in the General Data Protection
Regulation (Regulation (EU) 2016/679) (GDPR) (Personal Data), the Parties agree that this Contract is subject to the
GDPR as well as any other applicable laws relating to the use, collection, retention, storage, security, disclosure,
transfer, or other processing of Personal Data. If the provision of the Services by QUICKTALK results in the processing
of Personal Data subject to the provisions of the GDPR, the Parties agree to sign the QUICKTALK Data Processing Addendum
(DPA), which shall be incorporated into and form part of this Contract. If one or more provisions of these GTCS&S are considered invalid or unenforceable for any reason whatsoever under
applicable law, regulation, or following a court decision, the other provisions shall remain applicable. Clauses 4, 6, 7, 9, 11, and 13 shall remain applicable beyond the termination or expiration of this Contract. The Services are constantly evolving to improve their use by the Customer. As a result, these GTCS&S and the terms
of use of the Services may change. They may also be subject to change in accordance with applicable regulations. QUICKTALK
shall notify the Customer of any change one (1) month before the effective date of the change. In the event of changes
that significantly affect the Customer's rights and/or obligations or the Customer's use of the Services, the Customer
must accept the change or, if they do not accept it, terminate their Subscription to the Service concerned. No termination may occur if the changes made are imposed by regulation and/or do not adversely affect the substantial
elements of the Service. Only the latest version of the Service will be available. In the event of force majeure, the parties shall not be liable for any failure or delay in the performance of one
or more obligations under this contract. However, this article does not apply to payment obligations. Force majeure
events include, but are not limited to, exceptional weather conditions, natural disasters (e.g., lightning, flooding, fire),
electromagnetic or electrical disturbances affecting networks, network saturation, legal restrictions on
telecommunications services, and events that trigger local or national plans for maintaining telecommunications services
continuity. This Contract constitutes the entire agreement between QUICKTALK
and the Customer regarding the Customer's use of the Services and supersedes all prior written or verbal agreements,
proposals, or representations on the subject. In case of conflict or inconsistency between documents, the order of
precedence is as follows: (1) any appendix to this Contract, (2) the body of this Contract. QUICKTALK reserves the right to assign this Contract, including but not limited to, assigning or transferring all
or part of its business and/or assets. The Customer must seek and obtain the prior written consent of QUICKTALK to
assign or transfer this Contract. These GTCS&S are available in several languages.
In the event of a dispute regarding the interpretation of the provisions across different versions, the French version
shall prevail. This agreement, as well as any dispute arising out
of or relating to it, shall be governed exclusively by French law. The competent courts within the jurisdiction of
the Court of Appeal of Paris in France shall have exclusive jurisdiction over any dispute relating to this Contract,
and each party consents to the exclusive jurisdiction of such courts. RINGOVER GROUP offers its Customers the “Quicktalk” service, a telephony service over the Internet (VoIP) dedicated
to small businesses. This service enables calls made to the Quicktalk number to be automatically transferred to a mobile
telephone number, which is also available through a mobile application. To benefit from the Service, the
individual must visit https://www.quicktalk.com/how-it-works. The list of paid options, which are excluded from the subscription rate, is available at the following
link: https://www.quicktalk.com/pricing. The support service is available by phone or email from Monday to Friday, 9 AM to 6 PM. Before subscribing, the Customer must ensure that their telephone/internet operator or network administrator
offers the possibility of making and receiving telephone calls directly from the Firefox (minimum version 80) or
Chrome (minimum version 80) web browsers, a mobile application, or a SIP phone. Otherwise, it will be impossible to
use the Service. It is the Customer's responsibility to ensure that the setup provided to Users has the
following characteristics: QUICKTALK particularly draws the Customer's attention to the fact that the MRCP
protocol is not supported. Access to the Service is only possible with the latest versions of the Chrome and
Firefox web browsers. For optimal use, QUICKTALK recommends always using the most recent version of your browser. Subscription prices are available on the https://wwww.Quicktalk.fr/tarifs page.
When subscribing, the Customer may, provided they are eligible, opt for an Access including unlimited calls or for an
Access billed on a consumption basis: The list of chargeable options, excluded from the subscription rate, is available on the following link9.2.2. Collective proceedings
9.2.3. Compensation
10. Portability
10.1. Inbound portability
10.2. Outgoing portability
11. Intellectual property
11.1. Rights of QUICKTALK
11.2. Rights of the Customer
12. Personal data
13. Miscellaneous
13.1. Divisibility
13.2. Survival clause
13.3. Changes
13.4. Force majeure
13.5. Order of precedence
13.6. Transfer
13.7. Language
13.8. Applicable law and jurisdiction
Appendix 1 - Description of Quicktalk Services
Appendix 2 - Technical requirements
Appendix 3 - Special terms and conditions and Prices
1. Type of package according to the chosen Subscription
3. Chargeable options
In order to prevent mass spamming and robocalling from the Service, the Customer shall ensure that on average all Users do not make more than 60 outgoing calls (completed or not) per User per day of less than 15 seconds duration. If the average number of Users on the account reaches this threshold three or more times in a month, QUICKTALK reserves the right to suspend and/or terminate the Service.
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/she has called using the Service. Thus, the average rate of use of the Service is understood to be 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 Customer Account is less than five times the average rate of use of the Service as observed on the customer base of QUICKTALK benefiting from a package with unlimited calls during the last six months.
Each User's User Account can only be used by that User, from the web browser of his/her personal computer or from his/her personal IP phone. Sharing and shared use of the User Account is not permitted. 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. As an optional paid extra, a User can benefit from additional call channels. When the Customer benefits from the SIP option, any use of the package with unlimited calls using automated call processing devices (switch, PABX, dialer) is strictly prohibited and considered as fraud and will result in the automatic termination of the package with unlimited calls. 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 Customers 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 Customers and Users of the Service, who are responsible for ensuring compliance with local regulations.