Special Conditions
- Telecom services
Telecom services
1. Preamble
The CUSTOMER has precisely evaluated his own needs and made sure that the Telecom Services proposed by VALUE IT are in adequacy with his needs.
The Parties have agreed on the following.
2. Object
The purpose of these Special Conditions of Access to Services is to define the terms and conditions under which VALUE IT provides the CUSTOMER (hereinafter: CUSTOMER or the Subscriber) with its Internet, Telecom and Cloud access service on the one hand, and the Customer accesses and uses these services on the other hand.
The specific conditions stipulated on the product sheets in the Tariff Catalogue, provided to the Subscriber when ordering online, are an integral part of the present contract.
3. Definitions
Subscriber/CUSTOMER - Natural or legal person in the name and on behalf the subscription is made.
ADSL - Asymmetric Digital Subscriber Line. ADSL is one of the xDSL technologies that improve the performance of access networks and in particular of the subscriber line of the traditional phone network, made up of copper wires. Thanks to the use of two modems, one placed at the Subscriber's home, the other on the Subscriber's line, in front of the main distribution frame, it allows to considerably improve the network speed to obtain transmissions 70 times faster than with a traditional analog modem.
Attenuation/Loss -A general term used to indicate the loss of power from one point to another, an attenuation is expressed in dB per unit́ of length. Note that the scale used is logarithmic, an increase of 3 dB is twice the previous value. The term is also used to characterize a loss of signal amplitude through transmission lines and equipment.
Analog - Refers to a signal that has continuous variations and can take on any value within certain limits. Sounds, voices, colors, as perceived by our senses, are analog entities. In telecommunications and computer science, this term is often opposed to digital, qualifying a signal that can only take a limited number of discontinuous values (two if the signal is binary).
ANI - Automatic Number Identification - Automatic identification of the calling number.
Major Anomaly - Malfunction resulting to the total cut of a Service.
APNF - Association of inter-operator flow standardization platforms.
ARCEP - Authority for the Regulation of Electronic Communications and Postal Services - Following the promulgation of the law on the regulation of postal activities on May 20, 2005, the ART became the ARCEP.
ATM - Born in the 1980s, ATM (Asynchronous Transfer Mode), claims to be the protocol that reconciles all constraints related to the transport of multimedia data over very high speed networks (up to 622 Mbits/s, well beyond̀ the 2 Mbits/s of the Transpac network with X25, or the 34 Mbits/s of frame relay services (Frame Relay). It is a variant of packet technologies (X25, Frame Relay) but has the advantage of operating according to a division of data into cells of small and fixed size
Backbone - The main artery and backbone of the network. It is the backbone of a telecommunications network. Operators' backbone networks are very high transmission rate arteries, which connect the main nodes of the network and to which links of lower transmission capacity are connected.
Bandwidth - Refers to the transmission capacity of a transmission link. It determines the amount́ of information (in bits/s) that can be transmitted simultaneously. It is also the difference between the highest and lowest frequencies available for network signals. This term is also used to describe the evaluated throughput of a given transmission medium or protocol.
Local Loop - Also called́ last mile, this is the portion of phone line that connects the Subscriber to its central office.
Centrex - Central Exchange - Private switching service provided by an operator from its general switching resources. It avoids the need for a company to own its own switch. Service that allows one or more companies to use a shared and hosted PBX.
Cloud - Virtualized hosting service and / or storage used for outsourcing data and / or services. The technology used by VALUE IT as part of the Cloud offering is the partitioning of one or more physical servers into several isolated virtual servers.
CODEC - Abbreviation for Encoder-Decoder. Electronic equipment or component that transforms an analog signal (e.g., sound or image) into a digital data stream and vice versa.
Unified Communications - Integration of real-time business communications services such as instant messaging, presence information, voice (including IP telephony), mobility features (including extended mobility and single-number service), audio, video and web conferencing, fixed-mobile convergence, desktop sharing, data sharing (including web-based interactive electronic whiteboards), call control, and voice recognition for non-real-time communication services such as unified messaging (integrated voice, email, text messaging, and fax).
CPE - Customer Premices Equipement - Term for network terminal equipment located within a user’s property limits.
CRM - Customer Relationship Management - In French: GRC - CRM is an integrated approach to identify, acquire and retain customers. By managing and coordinating customer interactions across multiple channels, services, lines of business and geographies, CRM helps companies improve their performance and maximize the value of each customer interaction.
Data - Data is an English term used in the telecommunications sector to describe data that can circulate over a phone or computer network, except for voice data.
Throughput - The amount of information carried in a unit of time by a means of communication. A rate is expressed in Bit per second (not to be confused with Baud). Measures the amount of information a channel can transmit in a given time, usually expressed in bits per second (bps) for digital transmissions.
Unbundling - Separation of telecommunication services into several batches traditionally grouped into a single batch, so that they may be entrusted to different telecommunication operators.
Full unbundling - the user is no longer a customer and no longer pays the subscription of the incumbent operator. His line is directly connected (at the NRA level) to the equipment (DSLAM) of the third party operator.
Partial unbundling - the user is still a customer of the incumbent operator and continues to use the POTS on the switched phone network; he continues to pay the corresponding subscription and benefits from all the services associated with his line (phone subscription). Being in partial unbundling means that one is unbundled́ and therefore this term does not apply in non-unbundled area.
DNS - Domain Name Server - Server assigning to a machine a domain name validated by the Local Internet Segment Information Center (NIC) "Raison_sociale.fr" thus becomes a reserved name. A system of distributed databases ensuring the correspondence of a name and an Internet address (IP address). It is a server that translates an address of the form name.domain.organization into an IP address understandable by network equipment. The Domain Name System is a key element́ of the Internet, providing a mechanism for resolving host names into IP addresses.
DSLAM - Digital Subscriber Line Access Multiplexer - DSL line concentrator, placed in phone exchanges. It directs the DSL flows towards the ATM network of the operator. Located on the network of the local operator, at the level of the distribution frame, it is part of the equipment used to transform a traditional phone line into an ADSL line allowing the transmission of data, and in particular the access to Internet, at high speed. The function of the DSLAM is to group several ADSL lines on a single support, which carries the data from and to these lines.
EFM - Ethernet in the First Mile, SDSL links guarantee the available bandwidth and deliver symmetrical speeds by ensuring an increased availability rate. They provide the necessary framework for the proper functioning of applications that provide constant and optimum response times.
Eligibility - Technical eligibility of the phone line is its ability to support a service. Fax2Mail - This service allows the reception of faxes directly on its Mail address.
Optical Fiber (OF) - Cable usually made of silica, capable of transmitting signals in light form. Optical waveguide in the form of a filament composed of dielectric substances. A silica or plastic filament used to carry optical radiation. In multimode optical fibers with relatively large diameters, several propagation modes do not allow as high delays as in single-mode optical fibers that have a very thin glass core and allow only one propagation mode giving them a very high throughput́.
FTTH - Fiber To The Home - There are several standards: the EPON (Ethernet Based PON), which aims to use a slightly modified Ethernet MAC layer as the supporting protocol, and the GPON (Gigabit PON), a type of PON that can operate at speeds above gigabit.
Full-Duplex - Simultaneous Bidirectionaĺ - Mode of transmission of a line or equipment where information travels in both directions at the same time.
FXO - Foreign eXchange Office - This is a port that receives the phone line.
FXS - Foreign eXchange Subscriber - This is a port that connects to the Subscriber's phone.
GTI - Guaranteed Response Time - In a support or assistance contract, this guarantee defines the maximum time of intervention on incident.
RTI - Recovery Time Guarantee - In a support or assistance contract, this guarantee defines the maximum time to restore service.
GATEWAY - A gateway for converting analog and digital PBX signals to IP.
Business Hours - Hours between 9am and 6pm, Monday to Friday, excluding holidays.
MSI - Maximum Service Interruption, the IMS corresponds to the annual accumulation of service interruptions of the main link and the backup, expressed in hours.
IPBX - Internet Protocol-Private Branch Exchange - Private branch exchange used for IP telephony.
IPSEC - Protocol that encrypts the data that will pass through a VPN (Virtual Private Network). This protocol was defined by the IETF. A set of security standards providing privacy and authentication services at the IP (Internet Protocol) layer.
LAN - Local Area Network - A company network of small area (the computer equipment which composes it is geographically circumscribed to a floor, a building, or even a site).
Loadbalancing - Load balancing is a technique used in computing to distribute work among multiple processes, computers, disks or other resources.
Mail2Fax - A service that allows you to send faxes from your computer via the Internet connection, using a web interface available on the provider's website, or simply from your end client.
MPLS - MultiProtocol Label Switching - Protocol that improves traffic in the operators' infrastructures. It also intervenes in bandwidth optimization processes, and is able to better rebalance information flows. It offers the possibility to build Virtual Private Networks (VPN).
IDN - Installation Designation Number - = NPI = ANI = CLI = Head of Line, this is the main number of the customer.
SCN - Subscriber Connection Node - Phone exchange or dispatcher. This is where all the subscriber lines of a defined geographical area are connected. It is where the connection equipment is located, DSLAMs for ADSL for example, but also the E10B3 switches for PSTN telephony. This is also where the ADSL subscribers are "cabled" by adding jumpers.
Local Loop Operator - LLO - Telecommunications operator that physically installs the Subscriber's line as part of the local loop (set of wire or radio links between the Subscriber and the Subscriber switch to which he is attached).
Historical operator -The historical operator of a country is the telecommunications operator that belonged to the state and held the monopoly in the telephony sector (Ex.: Orange for France), which allowed it to set up, develop, and manage the national network, before it was eventually privatized and the market was opened to competition from so-called alternative operators.
Telecommunications Operator - The entity that provides remote communication services. This usually involves a link to at least one open communications network (dial-up network (PSTN), Internet) but the network can stand alone.
PABX - Private Automatic Branch Exchange - Term for a private branch exchange, more usually known as a switchboard or private branch exchange. A telecommunications equipment that automatically routes communications.
Ping - Command to determine the presence and operating status of another system. PoE - Power over Ethernet - Provides electrical power to a device via the network cable.
Portability - The portability of the national fixed or national mobile phone number is the fact of being able to keep one's phone number in case of a change of operator, regardless of the new operator chosen.
Portability Third-party operator - Portability of a number originally assigned by an operator other than France Telecom.
Subsequent Portability - portability of a national fixed number originally assigned by France Telecom, but which has already been ported to another Operator.
Total portability – notional fixed headof line (NDI) as well as all DIDs.
Simple partial portability - Portability of a portion of the DIDs without the national fixed NDI.
Complex partial portability - Portability of the national fixed NDI either without the DIDs or with a portion of the DIDs.
QoS - Quality of Service - Quality of service is the ability is the ability to convey in good conditions a given type of traffic, in terms of availability, throughput (a throughput measures the flow of a quantity relative to a unit of time across any area), transmission delays.
Reseller(s) - IT resellers, private installers or integrators who distribute Telecom & Cloud service offerings that complement their usual services (Hardware resale, installation, maintenance, etc.).
ISDN - Integrated Services Digital Network - A digital network in which the same digital switches and digital conduits are used to establish connections for different services.
Router - Refers to a category of equipment providing routing functions. Routers, located at crossroads between several network nodes, direct incoming messages according to pre-programmed tables. The typical functions are to group, gather, filter, assemble by destination, the data transmitted on a network. Routers perform an addressing function and must know the topology of the networks to be interconnected.
RSVA - Repository of Value Added Service Numbers (SVA).
SPN - Switched Phone Network - This is the ordinary phone network called PSTN in English. SDA - Direct selection on arrival - =
NDS = Supplementary number associated with the main number (NDI).
SDSL - Symmetric Digital Subscriber Line - A symmetric bandwidth version of ADSL that is in priority for businesses. The speeds vary from 192 Kbits/sec. to 2.3 Mbits/sec. The distance between the central office and the SDSL unit can reach 7 km while the ADSL is limited to 4.5 km.
SIP - Session Initiation Protocol - An IP-based communication protocol that sets the rules for communication between two telephony applications wishing to interact. Emanation of the IETF [RFC 3261] intended to set up call and control procedures during a VOIP bi or multiparty communication.
VASN - Value Added Service Number chosen by the Subscriber among the number bands with an applicable rate and declared by VALUE IT. It refers to any number in form 08AB, as defined by ARCEP decision no. 05-1085 setting out the use of the categories of numbers in the national numbering plan, giving access to value-added services.
SSL - Secure Socket Layer - Protocol for securing exchanges. General protocol for securing IT exchanges. Currently the most used protocol in e-commerce applications on the Internet.
IVS - Interactive Vocal Service - Appeared in the early 1970s in the United States and in the early 1980s in France. It was the first equipment to integrate technologies from both the phone and computer worlds.
TOIP - Telephony Over IP - Communication solution that relies on a packet-based network to route phone communications.
T0 – France Telecom’s basic Numeris access line, consisting of 2 channels B at 64 kbps and 1 channel D (for signalling) at 64 kbps. 1 T0 = 2 calls.
End User - Refers to a customer of the Customer.
T2 - primary access that includes either 15, 20, 25 or 30 B channels at 64Kbps.
Trunk SIP – is a virtual link to interconnect an IPBX or gateway to a SIP operator. The SIP trunk allows the transmission and reception of calls.
User - Any person to whom the Subscriber has consented the enjoyment of all or part of the Services subscribed under these Special Conditions. It is recalled that the use by the User of the Services cannot have the object or effect of giving the User the status of holder of a phone number, of any of the Services.
VGA – Wholesale Subscription, since April 1st 2006, wholesale of phone subscriptions have been opened by Orange at the request of ARCEP. This offer allows alternative operators to offer their customers a complete phone service including the subscription, most of the associated services included with it and all communications regardless of the destination as well as special services.
VLAN - Virtual Local Area Network - There are two ways to define a VLAN: A VLAN is defined as a broadcast domain. This very basic definition, although correct, does not allow to fully realize the notion of VLAN. A VLAN is also defined as a set of "end-stations". This definition means that VLANs allow workstations in different physical segments to communicate as if they were in the same logical segment.
Voice2Mail - This service allows you to receive voice messages from an answering machine directly to an email address.
VoIP - Voice over IP - Also known as Internet telephony, is a technology that allows you to make phone calls over a network of computers based on an Internet Protocol that allows you to hold a phone conversation over the Internet. You can connect to your local point of presence and call someone on the other side of the world for the price of a local call.
VPN - Virtual Private Network. Term very often used to designate a communication system using an extended public infrastructure (PSTN, INTERNET, Frame Relay, ATM, ...) but dedicated via permanent circuits. A VPN can be encrypted via IPSEC or any other data encryption protocol.
IP VPN - Virtual private networks used for remote access or site interconnection. They use the public Internet (IP) infrastructure or the private IP network of an operator via tunnels and allow to give priority to critical application flows (messaging, file transfer...). The security of transmitted information is guaranteed by encryption and decryption of data at the ends of the network.
Wi-Fi - Wireless Fidelity - ASFI in French - Wi-Fi is today promoted by the WECA (Wireless Ethernet Compatibility Alliance). Wi-Fi is a communication protocol allowing wireless data exchanges over short distances, in the order of tens of meters and at speeds of up to 54Mbit/s.
ZNE - corresponds to a French geographical area, often the size of a canton, which includes several "ABPQ" blocks, each corresponding to 10,000 French geographical telephone numbers. There are about 420 ZNE in France and in the overseas departments.
4. Subscription to services provided by VALUE IT
The Subscriber has the possibility to subscribe to the various services of VALUE IT via an order to the customer service of VALUE IT.
5. Coming into force
The Subscriber and the User (natural or legal person) declare to be at least 18 years old.
The present contract comes into force on the date of the signature of the Commercial and Technical Proposal by the CUSTOMER.
6. Services costs
The Services are invoiced by VALUE IT to the Subscriber from the date of their first activation, according to the costs indicated in the VALUE IT commercial and technical proposal.
The costs indicated on the Catalogue can be modified by VALUE IT. VALUE IT undertakes to notify the Subscriber, by any means and within a reasonable time, of any change in the costs applicable to it under the Subscribed Services.
In the event of a cost increase, the Subscriber will have a period of thirty (30) days from the date of notification sent by VALUE IT to terminate the subscription to the Service(s) concerned, subject to notifying VALUE IT of this decision by registered letter with acknowledgement of receipt. This termination, which will be carried out by VALUE IT, will not entail any right to compensation or compensation for the Subscriber. Failing notification by the Subscriber within the period provided for in this article, the Subscriber is deemed to have definitively and irrevocably accepted the application of the notified rate increase.
7. Invoice and payment terms
Subscriptions are payable in advance orward invoicing to be carried out, except for over-the-counter phone charges whose invoicing is due). The Subscriber's invoicing starts as soon as the service is delivered. The first invoice will be prorated between the delivery date and the end of the month. Thereafter, the invoices will correspond to monthly calendar periods. Any month started is from.
The corresponding invoice is sent once a month by email.
For Internet links, if the Subscriber has not contested́ the good functioning of the link within 3 days after its delivery by VALUE IT, the link is considered́ as functional and the invoicing starts de facto.
VALUE IT nevertheless remains flexible as to the date of delivery of Voice services, in particular concerning Subscriptions and associated packages; on the other hand, the invoicing starts as soon as the requested services are delivered.
Each invoice will include the following information
- the cost of activating the line and additional services;
- the amount of the Subscriptions due for the Services for the month to come
- the amount of the consumptions out of the packages or Subscriptions for the expired period, if necessary.
The first invoice issued by VALUE IT will be calculated on a pro rata basis of the number of calendar days between the date of activation of the Service(s) and the end of the first month containing this date.
The Subscriber has a maximum period of thirty (30) days from the date of the VALUE IT’s invoice to contest the amount on the basis of the records established by VALUE IT, which will be authentic between the parties.
After this period, the Subscriber will be presumed to have waived́ any recourse against this invoice, which will then be deemed accepted and fully due by the Subscriber. In any event, the Subscriber's complaints regarding an invoice shall not authorize the Subscriber to defer payment thereof.
Without prejudice to the previous provisions, any unpaid amount, any unpaid́ (direct debit rejection) or any delay in payment may result in the immediate suspension of the subscribed Services, pending the regularization of the situation. Access will be reopened upon receipt of payment.
As of the suspension, VALUE IT will instruct the Subscriber by registered letter with acknowledgement of receipt to regularize the situation within two weeks of receipt of said letter.
In the event that the payment has not reached VALUE IT within the indicated deadlines, the amount thus remaining due will be increased by an amount of forty euros (40,00€) corresponding to the management fees of the unpaid. Costs relating to the rejection of levies will be reduced to twenty (20) euros.
In the absence of regularisation by the Subscriber and after reminder by registered letter with acknowledgement of receipt, VALUE IT reserves the right to put the disputed file in litigation. All costs incurred by VALUE IT will be charged to the Subscriber.
The Subscriber will not be able, in any case, to ask for any indemnity to VALUE IT, because of the interruption of the access to the service following the payment incident.
In order to guarantee the payment of the service, VALUE IT may request a security deposit from the Subscriber on the date of signature of the VALUE IT Commercial and Technical Proposal or at any time three (3) months after the date of beginning the service or, if pre-existing, after the date of beginning of the service of the first access link ordered by the Subscriber in application of the present, if payment incidents or delays are noted, or in case of a significant increase in the invoiced amounts or of a change in the Subscriber's financial situation. VALUE IT will send its request on the order or, during the order, by registered letter with acknowledgement of receipt.
The Subscriber will then provide to VALUE IT, as a security deposit, an initial amount corresponding to (i) three (3) months of invoicing calculated on the basis of the orders forecast provided by the Subscriber or (ii), if the deposit is made more than six (6) months after ordering the first access link, all six (6) last months of actual invoicing for all orders in progress pursuant to this Agreement. The deposit amount will be adjusted quarterly to reflect the actual invoiced amounts at any time to six (6) months the service was invoiced for all outstanding orders under this Agreement. In the event of total or partial non-payment of any invoice at its due date and after formal notice has remained without effect for eight (8) days from its dispatch, VALUE IT may deduct the corresponding amount from the security deposit. VALUE IT will inform the Subscriber of this deduction by registered letter with acknowledgement of receipt, and the Subscriber will have to reconstitute the guarantee deposit.
The Subscriber will proceed to any payment, adjustment or replenishment of the security deposit as described above no later than eight (8) days after the occurrence.
If the Subscriber does not make such a payment, adjustment or replenishment within the aforementioned period, the provisions relating to the delay or non-payment of any invoice shall apply. If the Subscriber fails to pay the security deposit prior to the service start date, if such a deposit is provided, the provision of the service will be suspended. Nevertheless, the Subscriber will pay the charges for the service from the estimated service start date indicated in the VALUE IT Commercial and Technical Proposal. In the absence of the late payment, adjustment or replenishment of the security deposit, no access link may be ordered by the Subscriber until the date of payment, adjustment or replenishment of the deposit.
In the absence of late payment by the Subscriber and/or dispute between the parties, the security deposit will be returned to the Subscriber by VALUE IT two (2) months after the end of the last valid order.
The costs in effect are those mentioned in the VALUE IT Commercial and Technical Proposal.
They are expressed without taxes. All these costs can be revised monthly, as well as the Subscription and debit periods attached to them.
These changes will be notified to the Subscriber by email and/or mail at least one month before their application date. If the Subscriber does not contest these new rates in compliance with the conditions set out in the article « CANCELLATION » section of this document, they will be deemed to have been definitively and irrevocably accepted by the Subscriber. In the event that the Subscriber does not accept the new rates, it is free to cancel its Subscription under the terms of the article « CANCELLATION » herein.
8. Collaboration between the parties
The Subscriber commits himself to provide VALUE IT with any information necessary to the execution of the present Special Conditions and, more generally, to collaborate with VALUE IT and the third party subcontractors of VALUE IT who help him to provide the Services or to market other services to the Subscriber.
By subscribing to a VALUE IT offer, the Subscriber gives a mandate to VALUE IT to carry out, in his name and for his account, all the operations necessary for the supply of the Service.
The Subscriber authorizes the implementation of any programming by VALUE IT or one of its agents or co-contractors on its site to allow and/or facilitate access to the Services.
The Subscriber will allow VALUE IT or any of its agents to access the concerned Site, 24 hours a day and 7 days a week for the detection of failures and during the working hours in the other cases. The Subscriber commits himself to cooperate with VALUE IT, or any third party mandated by VALUE IT, in order to allow to carry out the interventions that it will be appropriate to carry out for the good execution of the subscribed Services or for all purposes of verification, maintenance and/or restoration, if necessary. The Subscriber is required to inform VALUE IT (or any of its representatives) of the existence and location of pipes of any kind and of any other risk factor that may occur on the Site.
If during an appointment fixed with the Subscriber, VALUE IT or the mandated third party cannot access a Site, or in a general way carry out the planned intervention, VALUE IT may invoice the Subscriber a fixed price for unsuccessful displacement at the rate appearing on the Catalogue in force at the time of the intervention.
Moreover, any delay concerned will be suspended until VALUE IT (or any of its representatives) has been able to access the Site or to carry out the planned intervention. In case of failure to access the Site at the third appointment, VALUE IT may terminate the subscription to the Service for the concerned line, by right, to the detriment of the Subscriber, by sending a registered letter with acknowledgement of receipt.
The Subscriber will inform VALUE IT of any change of address or relevant details at least seven (7) days in advance by registered letter with acknowledgement of receipt.
By sending information to VALUE IT, the Subscriber certifies the accuracy of the information provided, especially concerning the phone number(s) - wireline(s) or mobile(s) - that he designates. Any error, inaccuracy or false declaration by the Subscriber will not engage the responsibility of VALUE IT, which will be entitled to invoice the Services subscribed on the declared line(s), or any fees generated by VALUE IT due to the Subscriber's inaccuracies and or errors.
9. Interruption and restoration of services
To ensure the maintenance of the quality of its network, VALUE IT may be required to carry out work on its network that may temporarily affect the functioning of the services provided to its customers. Scheduled Service Interruptions due to interventions previously qualified by the Parties as scheduled work are not taken into account in Service Level commitments.
VALUE IT must inform the Subscriber of any planned activity that could lead to a disruption of its service.
The notification of work scheduled by VALUE IT must take place at least two (2) calendar days before the scheduled date, in the form of an e-mail containing the following information:
- date and expected time of start of disturbance,
- expected duration,
- impact on the service,
- reason for the disturbance,
- contact person in charge
Before reporting an incident, the Subscriber will ensure that the malfunction is not on its Equipment or those under the responsibility of the End User, its Sites or those of the End Users and/or Internal Service.
Any ticket opening for an incident which, after verification by VALUE IT, will not fall within the scope of responsibility of VALUE IT and/or be due to an abnormal and/or fraudulent use of the Service by the Subscriber and/or one of its End Users, may be invoiced.
As part of the provision of certain Services, VALUE IT may offer the Subscriber a recovery time guarantee ("GTR") in the event of a Major Anomaly occurring after installation.
The scope of this guarantee (Services covered by the guarantee, recovery periods, applicable penalties, etc.) is indicated in the VALUE IT Commercial and Technical Proposal. Any Service not expressly mentioned in the specific framework of the GTR will be considered unsecured under the GTR.
Recovery times will be counted between (i) the time a Major Anomaly is notified by the Subscriber to the VALUE IT Customer Service, and (ii) the time at which VALUE IT notifies the Subscriber of the reinstatement of the relevant GTR Service.
A general penalty table is available in the VALUE IT Business and Technical Proposal.
The penalties indicated in the VALUE IT Commercial and Technical Proposal concerning the GTR will be discharged and will constitute the only compensation due by VALUE IT and the only compensation and remedy of the Subscriber, in respect of the quality of the Guaranteed Services and other connected services subscribed by the Subscriber for the line subject to a Major Anomaly after installation.
VALUE IT will not be liable and no penalty will be payable where the Interruption or breach of the service level commitments defined above results directly or indirectly from any of the following:
- Force Majeure event;
- fact of a third party and/or fact of the Subscriber (or a User) and, in particular, non-compliance with the technical specifications provided by VALUE IT for the needs of the supply of the Services or of an element not installed and operated by VALUE IT ;
- exceptional difficulties not attributable to VALUE IT and, in particular, the existence of particular constraints or the need́ to implement special means (such as regulated access, prohibition of passage, natural obstacles, architectural configurations not accessible by usual means);
- disruption or interruption in the supply or operation of the telecommunication means provided by the operator(s) of the networks to which VALUE IT's installations are connected, and in particular in case of malfunctioning of the infrastructure networks of the public domain concessionaires ;
- regulatory modifications or due to prescriptions of the Telecommunications Regulatory Authority or any other competent body.
10. Parties responsability
VALUE IT undertakes to indemnify the Subscriber for any direct damage suffered by the latter as a result of a wrongful failure by VALUE IT to perform its obligations under the present Special Conditions. In any case, VALUE IT's liability under these Particular Conditions is limited to a maximum amount of seven thousand five hundred euros (€7,500) per Subscriber for the whole duration of these Particular Conditions.
Neither Party will be liable to the other Party for any indirect damage, and in particular, for loss of data, operation, turnover, income, expected savings, customers, orders, images, reputation and/or any other economic damage.
Except as otherwise expressly provided in the Agreement and subject to compliance with public policy, all other warranties, representations or agreements relating to the provision of the Services, whether oral or written, express or implied, are hereby expressly excluded. This exclusion also applies to any warranty or representation made by or on behalf of VALUE IT prior to coming into force of this agreement.
VALUE IT excludes all liability for any damage suffered by the Subscriber in the following cases:
- use of a network, Terminal and/or any of the Services in a manner contrary to the laws and regulations and/or the Agreement, including the following uses: voluntary or involuntary congestion of mail servers and networks of the Operator and/or recipients of emails by including wild direct mail (bulk e-mail, junk e-mail, mail bombing, flooding)Direct mail or sending one or more unsolicited e-mails in an electronic box or on a discussion forum (spamming); sending attractive messages which necessarily generate several responses (teasing or trolling), which may thus disrupt the availability of servers or network; intrusion or attempted intrusion allowing in particular unauthorized access on a machine remote from a third party, the remote control of the machine from a third party (trojan, portscanning), the introduction into a third party computer system in order to suck all the content of a site or a mailbox and/or the transmission of viruses; Usages and behaviors contrary to the good morals and reasonable usages defined by the practice and the documents established and updated by the Telecommunications Operators and/or VALUE IT;
- modification of a call number in accordance with the procedures provided;
- non-compliance by the Subscriber with its essential obligations under the Agreement;
- transfer and/or use by the Subscriber or by any other person (in particular the User) of all data transmitted on the radiotelephony networks operated by operators in connection with the use of the Services. Indeed, the Subscriber is responsible for the protection of communications and data belonging to him, VALUE IT not being able to control the nature, the characteristics and content of all communications and data circulating on the radiotelephony networks operated by telecommunications operators;
- made by a co-contracting party of VALUE IT, unless it results in gross negligence directly attributable to VALUE IT;
- damage covered by an insurance policy of which the Subscriber is the beneficiary;
- event under the suspension or cancellation of the Agreement or the Services.
The Subscriber agrees to use the Services in accordance with the applicable laws and regulations and the use for which these Services were designed and marketed. It also undertakes to adopt behaviour consistent with the "reasonable behaviour" that could be defined by telecommunications operators and/or VALUE IT (particularly in the VALUE IT Business and Technical Proposal) concerning the use of Subscribed Services. The Subscriber also undertakes to ensure that the User, for whom he is strong, strictly and at all times complies with this obligation and more generally with all obligations under the Agreement. Nothing in the Agreement or in its performance will be interpreted as conferring a right on the Subscriber (or a User) over any intellectual or industrial property rights belonging to VALUE IT and/or telecommunications operators.
The Subscriber undertakes to implement all the human and technical means necessary to secure its networks and infrastructures in order to guard against any action of piracy of its installations.
The Subscriber undertakes to respect the intellectual property rights of third parties (texts, images, video, sounds or any other protected́ element) to which he has access because of the Services. He undertakes to obtain, prior to the use of any of these intellectual property rights, all necessary authorizations and concessions.
The Subscriber will be solely responsible for any prejudice that may occur, directly or indirectly, as a result of the use, by him or the User, if any, of the Terminals and/or the Services provided by VALUE IT under these Special Conditions. In this respect, he commits himself to compensate VALUE IT, its subcontractors and/or the operators for all the financial consequences that the latter could be led to bear because of any claim or legal proceedings brought against them by a third party on the basis of a breach of any of his rights or a prejudice that would be caused by any abnormal use, non-conforming and/or contrary to the laws and regulations of the Services and/or the Terminals
The Subscriber agrees to indemnify VALUE IT, its subcontractors and/or the Operators for all the financial consequences that they may have to bear as a result of any claim or legal proceedings brought against them by a third party on the basis of a breach by the Subscriber of any of his rights or of a prejudice that would be caused by any abnormal use, non-conforming and/or contrary to the laws and regulations of the Services, of the Infrastructure and/or of the Subscriber's Equipment.
Subscriber will be responsible for all claims from third parties resulting from the use of the Services.
Subscriber agrees not to make any fraudulent or illegal use of the Services, including any use that :
- contravenes public order and good morals, in particular by including such elements as, without this list being exhaustive or exhaustive, pornographic, procuring, pedophilia or violent elements, especially when the content is likely to be seen by minors; or
-has the character of a call to murder, incitement to racial hatred, denial of crimes against humanity or violation of an applicable mandatory rule;
- contravenes the legitimate interests of third parties or VALUE IT, in particular by insulting or defamation, or which infringes on the privacy of others or the rights of the personality, as well as the economic or extra-economic rights of third parties or VALUE IT;
- allow, through the creation of hypertext links to sites or pages of third parties, to violate all or part of the preceding provisions or, more generally, any applicable legal or regulatory provision; or
- would constitute unreasonable, abusive or unlawful conduct in relation to the relevant rules of conduct and/or VALUE IT warnings.
If necessary, VALUE IT may communicate the average time frames for commissioning or installing certain Services.
The Subscriber acknowledges to be informed that these deadlines are provided for information and are not binding. Consequently, VALUE IT cannot be held liable for any damages related to the possible failure to comply with these estimates.
Each party declares to be responsible for all damages arising out of tort, which it or one of its employees may cause to the other party or to third parties in connection with the performance of these Special Conditions.
If necessary, it is reminded that VALUE IT is subject, for the performance of its contractual obligations, to a simple obligation of means towards the Subscriber.
11. Suspension
The Subscriber declares that he is informed and agrees that the Services may be disrupted or even interrupted or temporarily suspended in the event of technical maintenance, reinforcement or extension work on the phone networks, on the systems to which the said networks are connected, or in the event of propagation hazards related to the transmission of radio signals.
VALUE IT may also automatically suspend, with immediate effect, the performance of all or part of these Special Conditions and make access to the Services unavailable in the following cases, without prejudice to any damages that may be claimed by VALUE IT from the Subscriber:
- non-payment due in whole or in part of any invoice;
- failure by the Subscriber (and/or one of its Users) with the terms of the Agreement;
- no recording of outgoing or incoming calls and/or data exchange from the line over any period of two (2) consecutive months;
- use of a Terminal and/or any of the Services in a manner contrary to the laws and regulations and/or the provisions hereof;
- consumption of the Subscriber suddenly and significantly exceeding the Estimated Consumption, except for the Subscriber who has notified VALUE IT at least ten (10) days in advance of the possibility of exceptional consumption, justifying the reasons therefor;
- failure to produce any guarantee requested by VALUE IT from the Subscriber under the conditions set out herein;
- intervention on a Terminal by the Subscriber or a third party not authorised by VALUE IT or one of its approved co-contractors;
- upgrade, maintenance (especially preventive), extension and/or deployment on any of the phone networks;
- falsifications, inaccuracies, errors, misrepresentations or fraud of the Subscriber, or incomplete provision or inaccurate information by the Subscriber;
- use of a Service that is subject to unreasonable, abusive or unlawful conduct on the part of the Subscriber (or one of its Users), in particular with regard to the rules of conduct and/or the warnings referred to in the Contract Documents.
VALUE IT may, in particular, automatically suspend all or part of the Services with immediate effect and make unavailable access to the Infrastructures and Networks of the Operators, if these Services are linked to another Service suspended as a result of the Subscriber, without the Subscriber being entitled to any compensation of any kind whatsoever
The period of suspension of all or part of these Special Conditions by reason of The Subscriber or in the event of Force Majeure cannot exempt The Subscriber from the payment of the fees and invoices during this period of suspension.
12. Termination
Each of the parties may automatically terminate these Special Conditions (or, where applicable, one of the Services), in whole or in part, in the case of the opening of a collective procedure (conciliation, safeguard, recovery or liquidation proceedings) against the other party, subject to compliance with the legal provisions in force.
VALUE IT may automatically terminate these Special Conditions, in whole or in part, without prejudice to any damages that may be claimed by VALUE IT from the Subscriber, in the event that the Subscriber breaches any of its obligations under the Subscription Agreement and/or a particular Service. The termination will take effect immediately, subject to compliance with fifteen (15) days notice notified by any written means and without the Subscriber being entitled to any compensation or compensation.
For the purposes of this article, the following facts will necessarily be considered breaches by the Subscriber of its obligations under these Special Conditions: (i) non-payment at the end of all or part of an invoice issued by VALUE IT under the Contract or other contract between VALUE IT and the Subscriber; (ii) use of a Terminal and/or any of the Services in a manner contrary to the laws and regulations and/or the Contract (including the following uses: significant under-consumption in relation to the Subscriber’s estimated consumption, use in relation to abnormal, unreasonable and/or unlawful behaviour in relation to these Special Conditions); (iii) no recording of outgoing or incoming calls and/or data exchange over any period of two (2) consecutive months on any of the lines made available to the Subscriber by VALUE IT; (iv) failure to produce the guarantee requested by VALUE IT from the Subscriber under the conditions set out herein; (v) intervention on a Terminal by the Subscriber or a third party not authorised by VALUE IT or one of its approved co-contractors; (vi) falsifications, inaccuracies, errors, misrepresentations or fraud of the Subscriber, or provision of incomplete or inaccurate information by the Subscriber; (vii) any use of a Service that is subject to unreasonable, abusive or unlawful conduct by the Subscriber (or any of its Users), in particular with regard to the rules of conduct and/or warnings referred to in the Contract Documents and/or (viii) any breach of an essential obligation referred to in the VALUE IT Commercial and Technical Proposal.
Termination for any reason whatsoever hereunder entails the simultaneous termination of the Services subscribed by the Subscriber in this connection.
Termination of one or more Services will not constitute termination of the Agreement as a whole, except (i) if the notification sent by VALUE IT to the Subscriber expressly indicates such termination or (ii) if the terminated Service(s) constituted the sole Service(s) provided by VALUE IT to the Subscriber under the Subscription Agreement.
Termination of an Optional Service, for any reason whatsoever, will not result in termination of the attached Main Service or other Optional Services. On the other hand, any termination of a Main Service, for whatever reason, will result in the termination of the Optional Services as of right with immediate effect, without prejudice to the sums due by the Subscriber.
Unless otherwise specified in the VALUE IT Commercial and Technical Proposal, any termination of a Service or hereof by the Subscriber will be subject to one month’s notice.
Any termination of a Service or hereof by the Applicable Subscriber will, as of right and with immediate effect, be payable by the Subscriber to VALUE IT in an amount equal to all of the following:
- the Subscriber will pay to VALUE IT all of the Subscriptions, fees, lump sums, consumption commitments (commitment volumes, etc...) not paid by the Subscriber and remaining to run, for which the Subscriber had committed in respect of VALUE IT,
- the Subscriber will also pay to VALUE IT a sum corresponding to the Subscriber’s total Estimated Consumption for the remaining period.
For the purposes of this section, the payment will be calculated for the Services, based on the rates in effect on the termination date.
13. Evolution of services and network
The Subscriber accepts any technical and/or technological development likely to improve the quality of these Services. In addition, technical and/or technological changes that may lead to changes or modifications within the Networks may be imposed by ARCEP or any competent authority.
The Subscriber agrees and undertakes to comply with any requirements that VALUE IT may communicate to him concerning these developments.
14. Transfert of rights and obligations
These Special Conditions are binfind on each of the parties, their respective successors and assigns. The Subscriber may not assign, contribute, transmit, grant or otherwise transfer to third parties all or part of its rights or obligations under these Special Conditions without the prior written consent of VALUE IT. Any transfer, assignment, transfer, contribution or concession in any way in violation of these provisions will be null and void and will give right to termination by VALUE IT. Except with the express, prior and written consent of VALUE IT, the Subscriber will remain responsible for the exécution of its obligations under these Special Conditions by any authorised assignee.
VALUE IT may freely assign, contribute, transmit, grant or otherwise transfer to a third party all or part of its rights and obligations under the Agreement (in particular with respect to any of the Services) subject to prior notification to the Subscriber by registered letter with acknowledgement of receipt at least thirty (30) days in advance. The obligations assigned by VALUE IT will release the latter from their performance towards the Subscriber, who expressly accepts it.
15. Compensation
Any amount due by the Subscriber under the Agreement or in any other capacity may be offset by VALUE IT against any amount due or potentially due by VALUE IT under the Agreement or in any other title.
16. IP telephony Services
In order to benefit from fixed telephony services, the Subscriber must have the following installation:
- a telephone installation which meets the specifications imposed by VALUE IT during the preliminary study.
- a maintenance contract or a Subscriber’s employee who can administer the phone system.
It is understood that the Subscriber will be responsible for having terminals properly connected to his phone installation for the service to work. The Subscriber is informed that if the phone installation is turned off or fails, calls will not be routed through the Service. It is also understood that in order to benefit from the service, the Subscriber will verify that all technical requirements are met. Similarly, information will be collected on the Subscriber’s structure as well as the Subscriber’s layout and network to ensure feasibility and to prepare the installation.
The Service allows for making calls and/or receive voice phone communications in Voice over IP via an IP connection, Trunk SIP, interfacing with the Subscriber’s switchboard.
Communications from the Service are carried over the Internet. This service is separate from the dial-up phone line. The Service optionally includes:
- the allocation by VALUE IT of geographic or non-geographic numbers to the Subscriber, distinct from the numbers provided by the Incumbent Operator. In this respect, it is understood that the phone numbers assigned by VALUE IT are non-transferable in any form whatsoever by the Subscriber. The numbers are personal and cannot be transferred for free or for a fee;
- the Subscriber will be able to keep his existing numbers, depending on the technical and legal feasibility of the portability of numbers.
- the establishment of a primary Internet link (xDSL), redundant with a secondary Internet link (very high speed Internet access based on ADSL technology).
- unlimited or metered calls to the destinations specified in the price lists.
The Subscriber is expressly informed that calls made by the Subscriber will be invoiced according to the rate schedule, a copy of which the Subscriber acknowledges having received.
The Subscriber acknowledges that the rate schedules are subject to change.
In addition, the Subscriber acknowledges as a misuse of the service :
- use for purposes other than personal use (in particular for commercial purposes),
- use that generates a consumption of communications greater than 24 hours per day,
- use for free or for a fee as a gateway for redirecting communications,
- use with an unlimited call option as part of a call center or similar installation.
- its transfer or resale, in whole or in part,
- the use of the Service towards services accessible from voice or Internet servers (such as for example towards gaming, chat, charm services) consultable by means of a geographical or mobile number and more generally the use of the Service towards any service platform benefiting from a direct or indirect remuneration due to the duration of the calls made by the Customer.
VALUE IT undertakes to install or have installed on the Subscriber’s premises the products and services ordered by the Subscriber and accepted by VALUE IT.
In this regard, the Subscriber will communicate to VALUE IT, prior to the scheduled installation date, a detailed description of its premises and undertakes at its own expense to equip and install its premises in accordance with VALUE IT’s instructions.
The Subscriber further undertakes to ensure at its own expense all modifications to its premises necessary to provide the appropriate power, circuits and electrical connections, and any other special arrangement in accordance with the installation and maintenance standards defined by VALUE IT, including in particular the arrangement of access routes for connection of the connecting wiring. These installation and maintenance standards will be communicated by VALUE IT upon any written request from the Subscriber prior to or without the order.
The Subscriber will allow access to its premises during normal working hours to VALUE IT authorized representatives or contractors for installation, inspection, maintenance, repair, replacement, relocation or withdrawal of Products or Services and generally in order to enable VALUE IT to undertake any action that may be useful in the performance of the Contract, and in accordance with any constraints established by the title of occupancy of the Subscriber’s premises. The Subscriber, subject to the same reasonable security and compliance requirements, will also allow access to its premises by representatives of the carriers providing the transmission lines.
The Subscriber will have a phone installation on the day of the Service in accordance with the technical constraints provided by VALUE IT. As such, the Subscriber or any competent person, authorised by the latter, must be present on the day of installation for the purpose of interfacing the VALUE IT Products and Services with the Subscriber’s phone installation,
The Subscriber is responsible for the installation of the Terminal Equipment and Internal Service necessary for the commissioning of the access links for which it will bear the costs and assume the responsibilities.
Portability allows the Subscriber to keep a national fixe number in the event of a change of Operator. Furthermore, it will only be feasible if (i) the national fixed number to be ported is an active number held by the Subscriber and (ii) a Portability mandate is granted by the Subscriber.
The operating procedures and tariffs associated with the Portability services of a national fixed number can be found in the VALUE IT Commercial and Technical Proposal.
When subscribing a service with an incoming Portability request from VALUE IT, the Subscriber must give VALUE IT a Portability mandate, Complete and signed, allowing VALUE IT to take the steps with the Operator to implement the porting of the number.
In this context, VALUE IT informs the Subscriber of the eligibility conditions of its application as well as the consequences of its Portability application and in particular that:
- the right to portability is acquired subject to compliance with the eligibility criteria, in particular the Fixed Number that is the subject of the request must always be active on the day of porting,
- the request for Number Portability is equivalent to a request for termination of the Subscriber’s contract with the Operator in respect of the fixed number carried,
- the termination of the Subscriber’s contract with the Operator takes effect on the day of the Porting of the actual number without prejudice to the contractual provisions relating to the duration of the commitment. The Subscriber remains bound by the obligations that bind it to the Operator, in particular any remaining payments (e.g. penalties for early termination),
- the request for Portability of a fixed number concerns exclusively the retention of the fixed number and does not entail the transfer of the services from which the Subscriber benefited under the contract previously subscribed to the Operator,
- VALUE IT cannot be responsible for the reliability and accuracy of all the information contained in the Portability mandate transmitted by the Subscriber.
VALUE IT reserves the right, in any event, to withhold or delay the provision of the service if it is likely not to be made available under conditions satisfactory to Subscribers already connected.
VALUE IT will inform the Subscriber within 15 days of its order, which may, if this period exceeds 8 weeks, cancel its subscription request.
During the response period and in case of a negative response to the request to migrate from one subscription form to another, the Subscriber will retain the active subscription form on the day of its migration request.
Any modification of the service may result in the establishment of a minimum commitment period as specified in the VALUE IT Commercial and Technical Proposal;
The Subscriber may request the change of its call plans. Requests for call package changes will be effective the first day of the month following the request.
VALUE IT will endeavor to make the Service available at least 99.86% of the time, this availability time being calculated on the basis of the Notifications of Interruptions addressed to VALUE IT during the above-mentioned period.
VALUE IT undertakes to restore the service within four (4) hours (hereinafter "Recovery Time") from the Subscriber’s signalling of the Interruption during Business Hours. Outside these hours, recovery is delayed until the next Business Day, before 12 p.m.
If the Subscriber has subscribed to the Advanced GTR optional service, the Recovery Time is deducted́ from the time the Subscriber reports the Interruption in accordance with these Special Conditions below seven (7)days out of seven (7) and twenty-four (24) hours per day (24).
In case of non-compliance with the Recovery Time, VALUE IT will pay a indemnity as defined below: - 4h < Recovery Time <= 6h30: 20% of the monthly fee of the IP Telephony offer;
- 6:30 am < Recovery time <= 8:30 am: 40% of the monthly fee for the IP Telephony offer;
- 8h30 < Recovery time <= 10h : 60% of the monthly fee of the IP Telephony offer;
- 10h < Restoration time: 100% of the monthly fee for the IP Telephony offer.
This commitment covers the total interruption of the IP Telephony offer, observed and measured by VALUE IT. The accumulation of penalties relating to the Recovery Time is capped at one (1) Monthly Fee.
VALUE IT measures the annual availability of the Service thanks to an indicator named Maximum Service Interruption (MSI). VALUE IT undertakes to keep the annual MSI below thirty (30) Business Hours. When an Interruption is noted in non-Business Hours, the duration of the Interruption is counted from the first Business Hour that follows.
If the Subscriber has subscribed to the optional service GTR Advanced, VALUE IT undertakes to maintain the IMS below twenty (20) hours.
In case of non-compliance with the above IMS, the following liquidated damages will be applied per affected Guaranteed Link:
- Access link without subscription of the Advanced GTR option:
30h <= IMS < 33h: 20% of the monthly fee for Telephony on IP;
33h <= IMS < 36h: 40% of the monthly fee for Telephony on IP; 36h <= IMS < 39h: 60% of the monthly fee for Telephony on IP; 39h <= IMS: 100% of the monthly fee for Telephony on IP.
- Access link with subscription of the Advanced GTR option:
20h <= IMS < 23h: 20% of the monthly fee of the Telephony on IP offer; 23h <= IMS < 26h: 40% of the monthly fee of the Telephony on IP offer; 26h <= IMS < 29h: 60% of the monthly fee of the Telephony on IP offer; 29h <= IMS: 100% of the monthly fee of the Telephony on IP offer.
The cumulation of IMS penalties is capped at one (1) Monthly Fee.
The Interruptions and the Restoration Times will be counted between the time when an Interruption is notified by the Subscriber to VALUE IT, in accordance with the present Special Conditions, and the time when VALUE IT notifies the Subscriber that the Service on the concerned Guaranteed Link is restored.
Any penalties due by VALUE IT to the Subscriber in accordance with the provisions of this Agreement will constitute the sole obligation and compensation due by VALUE IT, and the sole compensation and recourse of the Subscriber, in respect of the quality of the Service. VALUE IT's responsibility will not be engaged and no penalty will be due when the Interruption or the failure to comply with the service level commitments defined above will result :
- a modification of the Service requested by the Subscriber
- a case of force majeure,
- the act of a third party,
- the fact of the Subscriber and in particular the failure to comply with the technical specifications provided by VALUE IT for the implementation of the Service or a malfunction of the internal service,
- an element not installed and operated by VALUE IT,
- exceptional difficulties and, in particular, the existence of particular constraints or the necessity to implement special means (such as regulated access, prohibition of passage, natural obstacles, architectural configurations not accessible by usual means.) not attributable to VALUE IT,
- a disturbance of the telecommunication network or service of the Historical Operator,
- a disturbance or interruption in the supply or operation of the telecommunication means provided by the operator(s) of the networks to which VALUE IT's installations are connected, and in particular in case of malfunctioning of the infrastructure networks of the public domain concessionaires,
- changes due to VALUE IT requirements by the Telecommunications Regulatory Authority or any other regulatory body. Once the conditions are met, the Subscriber may, without further formality, ask VALUE IT for the amount of the corresponding penalties. This amount will be deducted by VALUE IT from the Customer’s next invoice.
17. Services de vente en gros d’abonnements (VGA)
The service consists of the provision by VALUE IT, for each Subscriber, of a fixed broadband phone service via the connection to the Orange switched network and associated options, in addition to a carrier selection offer.
The routing of eligible calls is ensured by VALUE IT, the routing of any other call (special numbers) from or to the Subscriber located in Metropolitan France is ensured by Orange.
The service can be offered on the following accesses:
- Existing Isolated Analog Access identified by a ND and supporting a connection contract with the Historical Operator;
- Existing Analog Access Group identified by a ND and supporting a connection contract with the Historical Operator;
- Existing Isolated Base access identified by an NDI and supporting a connection contract with the Historical Operator;
- Existing Basic Access Grouping identified by an NDI of the access (line) grouping head and supporting a connection contract with the Historical Operator;
- Isolated Analog Access to be created;
- Isolated Base Access to be created;
- Basic access grouping to be created.
The operating procedures and rates associated with WSS’s services are found in the VALUE IT Commercial and Technical Proposal, respectively.
When subscribing a service in WSS, the Subscriber must give VALUE IT a mandate from WSS, completed and signed allowing VALUE IT to carry out the necessary steps for the delivery of the service.
VALUE IT cannot be held responsible for the reliability and accuracy of all the information contained in WSS’s mandate transmitted by the Subscriber.
VALUE IT’s responsibility for the provision and provision of the Service ends at the first physical access point of the network installed by Orange on the Subscriber’s premises. It is materialized, depending on the case, by an internal termination device (DTI), a slider, the cable head or, failing that, by the first telephone socket.
It is the Subscriber’s responsibility to ensure that the pipes, ducts and cable passages and termination devices located within the property served and made available to Orange for the provision of the Service are kept in good condition. This is a prerequisite for the proper functioning of the Service. The Customer must also ensure that the connection cable(s) within the Site served are kept in good condition.
The Subscriber must thus cover the costs of maintenance and repair of the above facilities as well as those of the cable(s) of connection in case of deterioration.
Any removal or modification of the connection cable(s) in the Site served to the termination point must be done with the Orange assistance. The implementation of the Service implies the automatic termination of the Phone Subscription and all offers and services subscribed to the Subscriber’s operator, as well as any existing pre-selection.
The implementation of the Service on an analog line in full unbundling or bare ADSL removes all services previously subscribed by the Customer on this line. It is therefore up to the Subscriber to terminate the services held by another operator on this type of line prior to the migration operations.
The provision of the service depends on Orange providing the corresponding services, which are subject to Orange’s terms and conditions, which the Subscriber acknowledges and accepts. Accordingly, in the event of a change in the terms and conditions other than tariffs or the deletion of all or part of Orange’s services, VALUE IT will send the Subscriber a notification with one month’s notice. The Subscriber may then request the termination of the Services concerned by registered letter with acknowledgement of receipt.
Any modification of the service may result in the establishment of a minimum commitment period as specified in the VALUE IT Commercial and Technical Proposal;
18. Value-added services (vas)
The Subscriber may order one or more VAS numbers from VALUE IT among the blocks that have been assigned by ARCEP to VALUE IT or its subcontractor.
The Subscriber must make sure that the band and the tariff level associated to the Order Number correspond to the service he wishes to associate with it.
The operating procedures and rates associated with EFT are found respectively in the VALUE IT Commercial and Technical Proposal.
The Subscriber undertakes to respect all the ethical recommendations applicable to VAS and is deemed́ to have accepted them when ordering. These ethical recommendations and their developments are available on the website:
http://www.afmm.fr/chartes-sva/
In addition, it is the Subscriber’s responsibility to ensure that the publisher of the content associated with the EFT number operates in compliance with the information obligations.
VALUE IT has an obligation of means and undertakes to implement the technical means necessary for the proper functioning of the Service. Under no circumstances can VALUE IT be held liable for services dependent on other operators.
Similarly, VALUE IT cannot be held responsible for the reliability and accuracy of all the information contained in VAS’s ordering operations.
19. Data service – Internet access
The "Data" Services allow the Subscriber with the appropriate equipment to access the Internet and exchange data.
According to the offer offered by VALUE IT, the "Data" Services can be purchased alone or in addition to other communication services. Depending on the offer proposed by VALUE IT, the "Data" Services can be subscribed alone or in addition to other communication services.
20. Term of use
The Subscriber undertakes to comply with the requirements given by VALUE IT concerning modifications to its Terminals used in connection with the Data Exchange Services when such modifications are required by the competent authorities.
The Subscriber is expressly informed that the content stored, used, transmitted and received is under its responsibility. So, the Subscriber assumes full liability, both civil and criminal, attached to these operations.
Thus, the Subscriber is forbidden to store, download or send any prohibited, illicit data, contrary to good morals or public order and/or likely to infringe the rights of third parties, including any file that would reveal the private or personal affairs of any person or that could constitute incitement to suicide, the commission of crimes and offences, the incitement of discrimination, hatred or violence on the grounds of race, ethnic group, religion or nation, apologies for Nazism, challenges to the existence of crimes against humanity, attacks on the authority of justice, information about ongoing trials, or an individual tax situation, Broadcasting outside of the permitted conditions of polls and voting simulations relating to an election or referendum, defamation and insult, invasion of privacy, or acts endangering minors, as well as any file intended to display prohibited objects and/or works, this list being not exhaustive.
The Subscriber undertakes to keep any User informed of these warnings.
VALUE IT cannot be held liable for the prohibited nature of the contents in the light of the laws and regulations in force. In the event that VALUE IT’s liability would be sought due to a use of the Services that does not comply with the applicable regulations or in violation of third party rights, the Subscriber shall indemnify VALUE IT, where applicable, all the consequences of any action and/or legal proceedings brought against VALUE IT as a result, whatever its nature.
The Subscriber acknowledges having knowledge of the nature of the Internet and in particular of its relative technical reliability. The Subscriber acknowledges and accepts that VALUE IT cannot be responsible, on the one hand, for interruptions, slowness and inaccessibility to the Internet and, consequently, to remote servers, On the other hand, data transmissions may be saturated or altered at certain time of the day.
The Subscriber acknowledges that he is fully informed of the lack of reliability of the Internet, particularly in terms of the lack of security relating to the transmission of data and the lack of guarantee of performance relating to the accessibility of the Internet, and the volume and speed or confidentiality of data transmissions.
The Subscriber acknowledges that the data circulating on the Internet are not protected against any form of intrusion, that the integrity, authentication and confidentiality of the information, Files and data of any kind that they wish to exchange on the Internet cannot be provided by VALUE IT. Under these terms, it is the Subscriber’s responsibility to take all appropriate measures to protect its own data and/or software, In particular, contamination by viruses circulating on the Internet network or the intrusion of a third party into the system of its Terminals for any purpose whatsoever and to make backups prior to and after its access to the Internet network. In any case, the transmissions and reception of data made on the Internet are at the sole risk of the Subscriber, who expressly acknowledges and accepts it.
The Subscriber acknowledges he is informed that he must not transmit messages via the Internet for which he would like to see guaranteed. In connection with the purchase of products or services on the Internet, the Subscriber shall address directly to the service providers any complaint relating to the performance of the service rendered by them or the sale of products by them.
The Subscriber undertakes, personally and on behalf of its Users, to comply with the requirements and warnings concerning the Internet, In particular, the requirements and warnings detailed in the VALUE IT commercial and tecnical proposal.
The Subscriber declares that it accepts the features and limitations of the Internet, and in particular acknowledges that Internet access does not concern the content of the services that the Subscriber (or a User) may consult. VALUE IT cannot be liable for the nature, content and consequences that the data available on the Internet may have. VALUE IT has no control whatsoever over the nature, content or characteristics of the data that may pass through its host.
VALUE IT does not restrict access to any destination on the Internet and does not control over websites, e-mails or data accessible to the Subscriber, stored, exchanged or accessed by the Subscriber or transiting on the Internet. Consequently, VALUE IT assumes no responsibility for their content, nature or characteristics.
The Subscriber acknowledges that other Internet service providers may, from time to time, filter or restrict such access and that VALUE IT cannot be held responsible for these facts. In addition, the Subscriber acknowledges and accepts that VALUE IT will not be liable in the event of force majeure or events beyond its control, in particular those likely to cause (i) the interruption of access networks or accessible via the Internet, (ii) the failure of the Subscriber’s Terminals, (iii) any loss of data or transactions, and/or (iv) any indirect damages.
VALUE IT reminds that it remains stranger and will in no way be liable for the relationship that the Subscriber may establish, through the use of a line and/or the Services, in the context of transactions of any kind with any third party, These concerns only the Subscriber and the third parties concerned. Similarly, VALUE IT cannot be held liable in the event of (i) legal proceedings against the Subscriber as a result of the use of the Services, a line and/or any other service accessible via the Internet, (ii) failures of the Internet or (iii) any situation relating to transmission qualities, time and/or access restrictions on connected networks and/or servers.
The Subscriber also declares to be aware that the data circulating on the Internet are not protected, in particular against possible misuse, that data circulating on the Internet may be regulated in terms of use or be protected by a proprietary right.
The Subscriber will be responsible for the use of the data he consults, queries and transfers on the Internet.
It is the Subscriber’s responsibility to take all appropriate measures to protect its own data and software from contamination by viruses circulating on the Internet. It is also up to the Subscriber to make regular backups on his computer installation of any data and/or content he wishes to keep. VALUE IT cannot be liable in any way in the event of loss, or alteration data.
More generally, the Subscriber undertakes to comply at all times with all obligations, present or future, imposed on him by law, regulations, doctrine, professional standards, the case law, any competent authority and/or and by the rules of the Internet in force. It will respect, and be responsible for, compliance with these obligations by the Users of its equipment and/or facilities, in particular the code of conduct developed by Internet users (available at www.afa-france.com/netiquette.html).
As such, the Subscriber undertakes not to use the Services for (i) hacking, intrusion into computerized systems, "hacking", propagation of viruses, Trojan horses or other programs intended to harm, (ii) Advertising or promotional e-mails, (iii) mass sending of unsolicited e-mails (for example "spamming" and "e.bombing").
The Subscriber is informed that any element constituting its websites incurs the risk of being copied by third parties on the Internet.
The Subscriber shall ensure that the content of its personal pages and websites in general complies with the provisions of the law of August 1, 2000 and any applicable law or regulation that would supplement or replace it, in whole or in part.
The Subscriber undertakes to indemnify VALUE IT from any damage and/or complaint by third parties related to the use of the Services and/or unbundled line. It also undertakes to inform any user of its equipment and/or installations that the violation of the above obligations may have the effect of excluding it from access to the Internet, which VALUE IT cannot be held responsible .
The Subscriber declares to be informed of the legal consequences that may result from access to illicit sites and undertakes to use the Internet access in accordance with good morals.
21. Mandate
By subscribing to a Data offer, the Subscriber gives a mandate to VALUE IT to carry out, on its behalf, to any operator chosen by VALUE IT, all the operations necessary for the provision of the Service, and this includes the partial or total unbundling of his line. If the Subscriber would enter the unbundling coverage area, VALUE IT reserves the right, at any time, to migrate the Subscriber to the unbundled technology
22. Installation & start up
The Subscriber allows VALUE IT to carry out all the actions necessary to put the Access Link into service, particularly with the Network Operator and the Historical Operator. For this purpose, VALUE IT shall transmit to the latter information taken from the declarations and specifications provided by the Subscriber. If these déclarations and specifications are incomplete, erroneous and/or give rise to a refusal or cancellation on the part of the Historical Operator or a delay in making the Service available, VALUE IT cannot be held responsible for this and may pass on to the Subscriber any fees charged on this occasion by the Network Operator or the Historical Operator.
The Subscriber agrees that in case of litigation related to the processing of its subscription or a dispute on its part, the contractual documents signed between VALUE IT and the Subscriber may be communicated to the Network Operator and to third-party operators. `
The Subscriber acknowledges and agrees that the Historical Operator or the Local Loop Operator, in their capacity as owner of the cables and equipment they have installed to connect the Subscriber Site, Only determine the technical conditions allowing access to its local loop. They may change the conditions of supply or temporarily or totally suspend the use of them for technical or universal service purposes. VALUE IT cannot be held responsible for these changes or their consequences. In such cases, VALUE IT and the Subscriber undertake to approach each other in order to agree on the Subscriber’s subscription to an alternative technical solution based on the VALUE IT offer catalogue, at the price and according to the contractual and technical conditions in force for this new solution.
VALUE IT undertakes to install or have installed on the premises of the Subscriber the products and services ordered by the Subscriber and accepted by VALUE IT. In this regard, the Subscriber will communicate to VALUE IT, prior to the scheduled installation date, a detailed description of its premises and undertakes at its own expense to equip and install its premises in accordance with VALUE IT’s instructions.
The Subscriber undertakes to ensure at its own expense all modifications to its premises necessary to provide the appropriate power, circuits and electrical connections, and any other special arrangement in accordance with the installation and maintenance standards defined by VALUE IT, including in particular the arrangement of access routes for connection of the connecting wiring. These installation and maintenance standards will be communicated by VALUE IT by any written request from the Subscriber prior to or without the order.
Tariffs relative to the Cloud offers are available from VALUE IT. The Subscriber will allow access to its premises during normal working hours to authorized employees or VALUE IT’s contractors for installation, inspection, maintenance, repair, replacement, displacement or withdrawal of goods or services and generally in order to enable VALUE IT to undertake any action that may be useful in the performance of the Contract, and in accordance with any constraints established by the title of occupancy of the Subscriber’s premises. The Subscriber, subject to the same reasonable security and compliance requirements, will also allow access to its premises by representatives of the carriers providing the transmission lines.
The Subscriber is responsible for the connection of the modem/router to its phone jack, the deployment of its Terminals and Subscriber Equipment and the configuration of its local network system. In this case, VALUE IT (or a third party agent) may offer modem/router connection services and configuration of its local network system. The service will be invoiced according to the prices indicated in VALUE IT Commercial and Technical Proposal.
The Subscriber will make its best efforts to facilitate the performance of the Service.
The date of receipt of the delivery note to the Subscriber materializes the date of production of the offer. This date is valid in all exchanges between VALUE IT and the Subscriber.
The Subscriber then has three (3) Business Days to contest the proper functioning of the DATA Products and Services from the date of receipt of the delivery slip. In this case, the Subscriber will give written reasons for this refusal by the existence of Major Anomalies.
If the Subscriber does not reply or object in writing within this three (3) Business Days or if the Subscriber uses the DATA Products and Services for operational purposes, the access link will be deemed to be put into operation tacitly and the Service Start Date will be the date of dispatch of the delivery note issued by VALUE IT.
The Subscriber is satisfied with the installation of the Terminal Equipment and Internal Service necessary for the commissioning of the access links for which it will bear the costs and assume the responsibilities.
The Subscriber undertakes to perform or have performed these services by a service provider of its choice as soon as possible, at its expense. If the deployment cannot be carried out due to a delay for which the Subscriber is responsible, the Service will be invoiced from the date of initial commissioning.
VALUE IT determines the technical means necessary for the proper functioning of the Service and recommends compatible equipment.
The Subscriber is informed and agrees that it is exclusively its responsibility to purchase, at its own expense, the necessary Subscriber Terminals or Equipment to access the Internet. If necessary, the Subscriber may obtain certain items (modem, router) from VALUE IT, according to the terms and conditions proposed by VALUE IT.
VALUE IT cannot be held responsible for any malfunctions or disturbances that may occur, in whole or in part, due to any incompatibility of the Subscriber’s Terminals or Equipment, unless the Terminals or Equipment concerned have been obtained from VALUE IT.
VALUE IT does not support the configuration and provision of active elements of the Subscriber’s local network, nor the design of the Subscriber’s Equipment architecture. Except if the subscriber validated an additional order in this sense.
If the Subscriber wishes, VALUE IT or a mandated third party may provide, under certain conditions specified in VALUE IT Business and Technical Proposal, the cabling services related to Internal Service are the Subscriber’s responsibility.
The Service is performed during Business Hours, in private parts on the Site, excluding common parts of multi-client buildings, with the exception of break points on the Site landing.
The Subscriber will make its best efforts to facilitate the performance of the Service. Seven (7) Business Days prior to the Site’s anticipated commissioning date, the Subscriber shall make available to VALUE IT (or any agent) sufficient and arranged Site locations to enable the wiring of Internal Service. Failing this, VALUE IT and the Subscriber will define a new commissioning date and the Subscriber undertakes to bring the Subscriber’s Equipment and more generally its installation into compliance, at its expense and as soon as possible. The Service will nevertheless be invoiced from the date of initial commissioning.
For cases which not correspond to the conditions defined above, VALUE IT reserves the right not to provide the Service. The Subscriber undertakes to have the Service performed by a service provider of its choice as soon as possible, at his expense. The Service will be invoiced from the date of initial commissioning.
The Subscriber agrees to pay VALUE IT the cost of any service for which it gives an oral or written agreement to the service provider in charge of the Service, even without an explicit order of this Service to VALUE IT.
23. Service interruption
VALUE IT provides the Subscriber with a single point of entry for the reception, handling, referral and tracking of Interruptions notifications. This service is accessible during Business Hours, or 24 hours a day, 7 days a week if the Subscriber has subscribed to the Advanced GTR option, for the contacts designated by the Customer. Upon receipt of a call from the Subscriber, VALUE IT will qualify the call as follows:
- Caller’s identification and verification of his authorisation,
- identification of impacted sites (pre-location of the incident).
Once the call is qualified, VALUE IT will open a ticket registered in the management system and referenced by a unique identifier. This reference number will be required to track the Interruption. The schedule mentioned on the incident ticket will be the starting point for calculating the duration of an Interruption, subject to confirmation by the Subscriber of the written declaration by fax or e-mail within thirty (30) minutes of the call. The Subscriber will provide VALUE IT with all information required by VALUE IT to locate and remedy the Interruption. This information will include, but is not limited to:
- name of the Customer contact declaring the Interruption;
- type of service impacted;
- description, location and consequences of the interruption;
- if necessary, contact details of a person to be kept informed (if different from the caller).
In case of malfunction of a relevant Guaranteed Link delivered without Terminal Equipment at the request of the Subscriber, VALUE IT may request the Subscriber, if necessary, to intervene on the End User Equipment without delay and according to its instructions in order to locate the incident.
The closing will be done by VALUE IT as follows: - Customer information (by phone, or e-mail),
- Determination of the duration of the interruption,
- Closing and archiving the incident.
24. Service level agreement
VALUE IT undertakes to restore the service of an ADSL Link without any time commitment. There is no notion of penalty for ADSL links.
VALUE IT undertakes to restore the service of a Guaranteed Link in less than four (4) hours (hereinafter "Recovery Time") from the time the customer reports the Interruption during Business Hours, according to the procedure defined above. Outside of these hours, the Restoration is deferred́ to the first following Business Day, before 12:00 pm.
If the customer has subscribed to the optional Advanced GTR service, the Restoration Time is deducted from the reporting of the Interruption by the Customer in accordance with the present seven (7) days out of seven (7) and twenty-four (24) hours out of twenty-four (24).
In case of non-compliance with the Recovery Time of a Guaranteed Link, VALUE IT will pay by Access Link concerned a release payment as defined below:
- 4h < Recovery Time <= 6h30: 20% of the monthly fee of the Guaranteed Link concerned;
- 6h30 < Recovery Time <= 8h30: 40% of the monthly fee of the Guaranteed Link concerned;
- 8.30am < Recovery Time <= 10am: 60% of the monthly fee of the Guaranteed Link concerned;
- 10h < Recovery time: 100 % of the monthly fee of the Guaranteed Link concerned. This commitment covers the total interruption of the guaranteed link, recorded and measured by VALUE IT.
The monthly accumulation of Recovery Time penalties is capped at one (1) Monthly Fee per Guaranteed Link concerned.
VALUE IT measures the annual availability of each guaranteed link with an indicator called Maximum Service Interruption (MSI). VALUE IT undertakes to maintain the annual MSI of a relevant Guaranteed Link of less than thirty (30) Business Hours. When an Interruption is observed in Non-working Time, the Interruption duration is counted from the first Working Time that follows.
If the Customer has subscribed to the optional Advanced GTR service, VALUE IT undertakes to keep the MSI of the Guaranteed Link in question less than twenty (20) hours. In case of non-compliance with the MSI above, the following release penalties will be applied by the Guaranteed Link concerned:
- Access link without subscription of the Advanced GTR option:
30h <= MSI < 33h: 20% of the monthly fee of the Guaranteed Link concerned;
33h <= MSI < 36h: 40% of the monthly fee of the Guaranteed Link concerned;
36h <= MSI < 39h: 60% of the monthly fee of the Guaranteed Link concerned;
39h <= MSI: 100% of the monthly fee of the Guaranteed Link concerned.
- Access link with subscription of the Advanced GTR option:
20h <= MSI < 23h: 20% of the monthly fee for the Guaranteed Link concerned; 23h <= MSI < 26h: 40% of the monthly fee for the Guaranteed Link concerned; 26h <= MSI < 29h: 60% of the monthly fee for the Guaranteed Link concerned; 29h <= MSI: 100% of the monthly fee of the Guaranteed Link concerned.
The MSI penalties are capped at one (1) Monthly Fee per guaranteed link.
25. Other services and benefits
VALUE IT also markets Applications and related telecommunications services (site hosting, Internet, intranet and extranet access management, collaborative messaging, etc.).
26. Subscription Administration Tool
VALUE IT provides the Subscriber with a tool to access information related to the Subscribed Applications.
This administration tool is accessible via a Web interface by username and password. The management of this tool is the responsibility of the Subscriber as administrator.
The connection to the remote server is subject to the use by the Subscriber of his username and password (the "Identifiers"), personal and confidential, transmitted by VALUE IT. The Subscriber undertakes to ensure its security, to preserve its confidentiality and, in particular, not to disclose them to third parties. It is solely responsible for the use made of its Identifiers, regardless of the user, and the resulting consequences. Any connection or transaction made from the Subscriber’s Identifiers will be deemed to have been made by the Subscriber.
The Subscriber must inform VALUE IT immediately of any loss, misappropriation or unauthorized use of its Identifiers, VALUE IT having the possibility to block access to the remote server or to give new Identifiers. In case of misuse or unauthorized use of the Subscriber’s Identifiers, the Subscriber’s liability for VALUE IT will only be released after a period of one (1) Business day after receipt by Customer Service of the registered letter with acknowledgement of receipt from the Subscriber informing it of the loss, misappropriation or unauthorized use.
27. E-mail services
The Subscriber may be offered the creation of electronic mailboxes for its exclusive use, under the conditions provided for in the tariff sheets of VALUE IT.
Under no circumstances may the electronic mailboxes allocated by VALUE IT to the Subscriber be transferred, granted or otherwise transferred in whole or in part to third parties, free of charge or in return for payment.
VALUE IT cannot be responsible for the consequences of the saturation of any electronic mailboxes and in particular the loss of messages that may result from this situation.
If the Subscriber wishes to register one or more domain names with the assistance of VALUE IT, Commissioning will be subject to VALUE IT obtaining confirmation by the competent bodies of the registration of domain names corresponding to the websites concerned
28. Other applications
VALUE IT may add other Applications to its offer catalogue, such as applications for office use or Unified Communications applications. The characteristics of these Applications will be described in the Tariff Catalogue.
The Applications provided by VALUE IT to the Subscriber may in no case be transferred, granted or otherwise transferred in whole or in part to third parties, free of charge or for a fee.
The use of the Applications may be subject to the use by the Subscriber of its personal and confidential username and password (the "Identifiers") transmitted by VALUE IT. The Subscriber undertakes to ensure its security, to preserve its confidentiality and, in particular, not to disclose them to third parties. It is solely responsible for the use made of its Identifiers, regardless of the user, and the resulting consequences.
The Subscriber is also responsible for the transmission to Users of their Identifiers and their renewal in order to avoid any inappropriate use of the Subscribed Applications.
29. Cloud Services
VALUE IT also markets cloud offers that enable the Subscriber to benefit from memory and server computing resources distributed in VALUE IT data centers or its service providers and linked by networks - the said resources being scalable and, If applicable, virtualisable.
VALUE IT is responsible for the infrastructure that supports the virtual machine(s) that it makes available to the Subscriber, but is in no way responsible – either legally or technically – for the service(s) operated by the Subscriber on its virtual machine(s).
The Cloud Offers in the VALUE IT catalogue consist in making available to the Subscriber one or more Virtual Machine(s), within the Shared VALUE IT Infrastructure or the infrastructure dedicated to the Subscriber, depending on the offer subscribed as well as, where applicable, related services such as Managed Virtualization of a Dedicated Infrastructure.
Quality of Service commitments (Virtual Machines, bandwidth, computing power, etc.) are defined in the Tariff Catalogue.
The Subscriber is responsible for applications, developments, data, databases, software, etc. placed on a Virtual Machine, in order to make them accessible to users via the Internet.
VALUE IT undertakes to:
- operate, maintain, manage, etc. the Shared Infrastructure that supports the Subscriber’s Virtual Machines;
- if the Subscriber subscribed to a Dedicated Infrastructure, VALUE IT must operate and maintain it and, if necessary, ensure the Outsourcing of its Virtualization, if this is provided for in the purchase order
- make available to the Subscriber the Virtual Machines he ordered with the intended operating system, as well as the security tools subscribed by the Subscriber;
- ensure that Virtual Machines have the memory, calculation and bandwidth resources provided for in the Tariff Catalogue.
Moreover, if the Subscriber plans to launch a marketing, communication, etc. operation likely to cause a significant increase in its resource consumption (bandwidth, memory or calculation), it is up to The Subscriber – as part of its duty to collaborate – to inform VALUE IT prior to the launch of the said transaction, within a reasonable time.
VALUE IT will notify the Subscriber in the case of maintenance operations of its Shared Infrastructure that will make Virtual Machines partially or completely unavailable at certain periods. VALUE IT will plan, as far as possible, its maintenance operations during the night (between 10 pm and 8 am) to minimize the inconvenience for the Subscriber and its Users.
These operations will not result in penalties (where applicable) provided that the Subscriber has been notified of the maintenance operations at least 2 (two) clear days in advance.
In the event of the Subscriber’s obligations under the terms of the Agreement (in particular, in relation to allegations of pedophilia, counterfeiting, incitement to racial hatred, etc. of a Subscriber’s Service), VALUE IT may terminate all or part of the Agreement, automatically and without recourse to a judge, by notifying by registered letter with acknowledgement of receipt addressed to the Subscriber the termination of the Services concerned or the Agreement – all without prejudice to any damages.
By express agreement, these services do not include an obligation of reversibility (namely, the assistance of the Subscriber so that he can migrate his Service to another service provider).
The Subscriber – the only master of his Service – must make every effort to facilitate this operation as necessary (which implies, in particular, the implementation of rigorous documentation: Reversibility Book) and the preparation of reversibility plans.
If the reversibility is not included in the scope of services, however, in the event of termination of the services, for whatever reason – including a Subscriber’s fault–, VALUE IT undertakes to provide the Subscriber with an image of its Virtual Machines in a standard format, except where a court decision precludes the application of this clause.
As part of the subscription to certain service offers, VALUE IT gives to the Subscriber one or more phone terminals with or without switch, as a loan for use.
The Subscriber acknowledges and accepts that all terminals and switches placed in its custody remain the exclusive, non-transferable and exclusive property of VALUE IT or its subcontractor. The Subscriber is satisfied with its maintenance, its good use and its protection. Terminals and switches must be returned upon termination of services within 10 days of the request for restitution by VALUE IT.
The provision of terminals and switches is subject to a commitment period of thirty-six (36) months unless otherwise indicated on the order form.
As part of the subscription of an ADSL or VDSL offer, VALUE IT gives the Subscriber a Modem. Ownership of the modem will not be transferred to the Subscriber until full payment of the commissioning fee for your ADSL or VDSL link has been made. The risks or deterioration will be transferred to the Subscriber as soon as the modem is received. The Subscriber is reminded that the modem must not be discarded with unsorted municipal waste (in accordance with Decree no. 2007-1467 of 16 October 2007). The Modem is electrical and electronic equipment in which the possible presence of hazardous substances could have adverse effects on the environment and/or health if not recycled and recovered in an appropriate manner. If despite these precisions the Subscriber were guilty of such an act and this act were identified, he would remain liable for the consequences and damages caused by his act.
30. Assignment of Jurisdiction
IN CASE OF DISPUTE AND AFTER IMPLEMENTATION OF THE CONCILIATION CLAUSE, EXPRESS JURISDICTION WILL BE CONFERRED ON THE COMMERCIAL COURT OF SAINT ETIENNE, NOTWITHSTANDING A PLURALITY OF DEFENDANTS OR AN APPEAL FOR WARRANTY EVEN IN THE CASE OF EMERGENCY PROCEEDINGS OR PROTECTIVE PROCEEDINGS IN THE CASE OF SUCH DEFENDANTS OR BY A REQUEST.
