Legal

Legal Notice

The Telintell.com site, with headquarters in Paris, is governed by the French law.

1 : Definitions

• User : Any individual or corporation that logs into the site regardless of where he/it is located.
• Individual : Designates any natural person who has made the choice to communicate through the site.
• Subscriber  : Any individual or corporation that has subscribed to one of the subscription offers or services offered by Telintell and accesses his account through his identifiers.
• ID : Information provided by a User, which, together with the password, will allow him to access different reserved spaces.
• Password : A confidential code that, together with the identifier, will allow the User to access different reserved spaces.

2 : Web Site Access

The site is accessible free of charge to any user with an internet access. The costs of accessing the site (internet connection, hardware, software) are exclusively borne by the user.

Some sections of the site are exclusively for subscribers after identification using their ID and associated password.

Telintell reserves the right to refuse access to the site, unilaterally and without prior notification, to any user who does not comply with these conditions.

Telintell cannot, additionally, be held responsible for any network or server malfunctions or other events beyond reasonable control that would prevent or degrade access to the site.

Telintell reserves the possibility of interrupting, suspending temporarily or modifying access to all or part of the site without notice, in order to maintain it, or for any other reason, without the interruption being entitled to any obligation or compensation.

Telintell or any other party involved in connection with the site cannot be liable for any direct or indirect or other damage that may result from access or use of the site or information contained in it, including any damage or viruses that could infect your computer equipment or any other property. Telintell disclaims any responsibility for any errors or omissions that may be identified, despite the care taken in the realization and updating of the information published on the site. The sole purpose of mentioning products, companies or other websites on the site is to inform visitors and does not constitute a recommendation of the Internet products, companies or services.

Telintell cannot be held responsible for the usage of these products or services of these companies and Internet websites.

3 : Links to other sites

We can provide links to other companies and services on our site. Once you leave our site and go to another site, you are subject to its privacy policies. If you submit personal information within one of these sites, your information is governed by their privacy policy. You should carefully review the company's privacy policy before using its site.

4 : Respect of property rights and trademarks

All information published on the site is protected by copyright law. Under no circumstances you can use, distribute, copy, reproduce, modify, distort or transmit the site, or items of the site, such as texts, images, without the written and prior permission of Telintell.

The trademarks and logos on the site are owned by Telintell and are subject to an implied authorization of use, when these marks or logos come from its customers or subscribers. The use of this information does not imply any assignment of rights or license of the rights of the trademark or logo listed on the site.

Telintell reserves the right to prosecute any infringement of its intellectual property rights, including in the context of criminal proceedings. The images or photographs of persons, places or products on this Site are the property of these Companies and/or are used by these Companies with the consent of the rights holders. The use of these images or photographs is prohibited without specific and express permission from Telintell. Unauthorized use may result in violations of copyright, image rights, human rights, property law or any other regulation applicable to communications or advertising.

5 : Hypertext links

We inform you that Telintell does not systematically allow other websites or other media to cite www.Telintell.com, or to set up a hyperlink pointing to the address Telintell.com.

Permission could be sought by our services. Particularly for companies whose activities could hurt the sensitivity of a majority of people.

Under this authorization, our team reserves a right of opposition. As part of the implementation of a hyperlink on your site, we grant you the right to reproduce our logo within the limits of the implementation of said link and the referencing of www.Telintell.com. As such, the format and regulations of the logo will have to be respected.

6 : Data security

We use a variety of security technologies and procedures to protect your personal data from unauthorized access, use or disclosure. While no data transfer can be completely secured, we will do our best to secure all data that is transferred, stored or processed. We recommend that you take all necessary precautions to protect your personal data while you are on the Internet. For example, use a secure browser, change your passwords often, and choose a secure password by choosing a combination of numbers, letters and characters. The security of your personal data is important to us.

Despite these precautions, Telintell cannot be held responsible for the forced and unlawful usurpation of this information, regardless of the technique used to do so.

7 : Music on Hold

Whenever you reach Telintell by phone, you could be put on hold before communicating with an agent.

The music that is being used, whose information is the following, is copyrights free :

Author: Keys Of Moon
Track: The Epic Hero
Licence: https://creativecommons.org/licenses/by/3.0/deed.fr
Source: Download the music for free

8 : Call Me Back Service

A pre-sales service is available on the web site ('Call Me') to allow ay user to be contacted by phone by a Telintell agent.

Within the form, it will be asked to insert one's first and last name, the company's name, the country, a phone number using the international format (Ex. 00 1 123456789), as well as the time slots during which the user will be easily reached.

Any agent will endeavour to call within the 72h that follow the request reception. The spoken languages are French, English and Italian.

For security reasons, since Telintell's services are provided in several countries, only landline telephone numbers will be used to call a user back. Also, depending on the country being called and the local phone company, Telintell's phone number might be displayed or concealed.

Telintell reserves the right to call back or to not call back a user, on the basis of the data collected in the form, in particular the type of phone number, like a premium rated one, a number whose country would not allow to provide Telintell's services or any other item deemed not applicable by the internal Telintell's teams.

The phone numbers inserted within the 'Call Me' form are NEITHER stored NOR recorded in Telintell's data bases.

In the event the user was not called back by any Telintell's agent, this could not be interpreted as a discourtesy act, a lack of interest, as any willfull intent to deceive the aforementioned user or to collect in a deceptive way any data related to him.

It will be up to the latter to reach Telintell at his convenience.

9 : Interpretation of the Legal Notice

In the event of a dispute with Telintell or misinterpretation of the information described on the "Legal" page in another language, it is the French version that will always be authentic.

Every service or item present inside the online shop has a cost.

ALL PRICES DISPLAYED ON THE SITE DO NOT INCLUDE THE VAT.

IF PREVIOUS TO A PAYMENT NO TAX IS APPLIED, IT MEANS WE ARE VAT EXEMPTED.

The following rules apply :

1) As soon as the value of an item/service is greater than 0, any purchase will justify an invoice. The subscriber will be able to retrieve it from his account.

Due to the international nature of Telintell, invoices will always be issued in the English language (In the future, they might be translated).

2) For a payment made by Credit Card / PayPal or any other financial entity, Telintell does not collect or retain the information related to the card itself. They are only collected during the transaction by the financial partner for verification with your bank.

3) Once the payment has been validated, no refund will be allowed. The only condition that would prompt a refund would be any violation by the user of any of the rules stipulated in these legal terms. Even then, Telintell will be the only one to determine whether or not a refund will be applied.

The malfunction of the site cannot be construed as a reason to request a refund. In the event of a site failure, Telintell will make every effort to restore its proper functioning as soon as possible.

The closure of the site for maintenance or any difficulties described under the "Access to the site" section of the "Legal" tab are not considered a failure.

4) For security reasons, our website does not allow you to register your Credit Card number for any future purchase.

5) When buying with a Credit Card, the latter can be subjected to the "3D Secure" security system. During the transaction, your bank will send you an activation code via an SMS. Make sure it knows your mobile number.

6) It is forbidden for any Telintell agent to proceed with a purchase on behalf or in lieu of a user/subscriber. Any purchase is made only by the subscriber and for himself.

Any user can subscribe to one or more Newsletters of his choice to be informed by email of the promotions related to Telintell.

Under the same conditions as in the GDPR section, any subscriber or user can have their email address deleted in one or more mailing lists. Either by clicking on the link that allows you to unsubscribe, present in any newsletter sent by email, or via the site, by using the "Unsubscribe" button, visible in the "Contact" page.

As a last resort, a written request can be sent to the email address "dpo(at)telintell.com" with the subject "Unsubscribe from the Newsletter". We will do our best to manage your request within four business days.

The site may use cookies to facilitate your registration procedures and prevent you from re-entering information that you would have provided us during a previous use of the site, or in the case of password-protected sections. Cookies are small files of information that a website can send to a personal computer's hard drive for traceability reasons. These are not executable programs and they cannot contain viruses or application. The size of the cookies used is small and they won't generate any clutter within your hard drive.

The Services that use cookies on our site are :

1) YouTube

To watch streaming videos, if and when they are posted.

2) AddToAny

To share some of this site's pages on social media.

3) Google Analytics

This system records and counts the accesses to the site by generating statistics.

No personal information is detected nor relayed.

4) Google Recaptcha

A system that allows to avoid polluting messages (Spam). 

It is usually present where you need to fill a form, to confirm you really are a human being (Automatic "robots" are able to fill these forms).

You can still prevent cookies from being registered on your computer by using your browser's options. We inform you that it is possible that some parts of this site may not work optimally.

In accordance with the law, we inform you that this site complies with the standards for the automated processing of personal information, according to the guidelines stipulated by the CNIL (National Commission of Information and Freedoms).

The information we request from you in the pages where you have a form to fill out is necessary for the correct management of your request. Those marked with an asterisk are mandatory.

The contact information of registered users is integrated into the Telintell database. They are used by our internal services to manage purchases and to promote our products and services. Users implicitly consent to receive written communications from Telintell. These same contact information cannot be rented, shared or transferred to partners or any other external entity.

On the other hand, at the request of the competent authorities and in the context of a legal investigation, Telintell reserves the right to transmit these contact details and information.

The method of collecting and using this information complies with the French and European regulations in force (Law 78-17 of 6 January 1978 "IT and Freedom", Law No. 2004-575 of 21 June 2 "Confidence in the Digital Economy" and European Directive 95-46 of 24 October 1995 on the protection of individuals with regard to the processing of personal data and the free movement of such data). In accordance with the IT and Freedom Act, you have the right to access, correct and object to the data that concerns you. If you wish to exercise this right, contact us by email at "dpo(at)Telintell.com".

Please be aware that some non-personal data may be recorded because of the modus operandi of Telintell's servers. This may be the type of browser or operating system used or your IP address.

Telintell's servers are hosted by WHC in Canada. The country has agreements on data protection with the European Community. This information can be found under the "Data Transfers" section on page WHC - Privacy Policy.

We keep a user's information for a period of 5 years. If, after this period, the user has not explicitly requested the deletion of his account, this information is automatically kept for another 5 years.

Any user of the Telintell site who accepts our Terms of Service when purchasing an item or  service or sending information through a form, confirms that he is aware and agrees with the rules listed above.

The type of data collected

For legal or accountancy reasons, we can ask you to share basic personal information, in the following circumstances :

1) Fill a form

2) Create an account

Depending on the situation, they can include :

Family Name

First Name

Name of the Company (For a Professional)

Capacity within the Company

Complete Postal Address

Email address

Telephone number (Optional while creating an account)

Intra-community VAT number (Optional, for a professional)

Request to Update your Personal Data

Once you've created an account on the Telintell website, you'll be able to make changes at any time, identifying yourself and accessing the My Profile page.

In the event of difficulties or failure to change your personal data, please send an email to the "dpo(at)Telintell.com" address with the subject "Change of Personal Data" and the details of the items to be changed, old and new, and we will do our best to manage your request within four business days. To be able to do so, you will need to confirm your identity by providing us with your full name, email address and phone number, as they were registered when you created your account. Or anything else we might ask for in order to recognize your identity.

Deletion of your Personal Data

To request that your personal data be removed from Telintell's databases, please send an email to the "dpo(at)Telintell.com" address with the subject "Delete Personal Data" and we will do our best to manage your request within four business days. To be able to do so, you will need to confirm your identity by providing us with your full name, email address and phone number, as they were registered when you created your account. Or anything else we might ask for in order to recognize your identity.

In the event that you request the complete deletion of your data, only invoices will be kept for accounting and legal reasons.

Children's privacy

Telintell is intended to be used only by people aged 18 and over. We do not knowingly collect data from people under the age of 18. If we are informed of the collection of data from a person under the age of 18, we will remove this information from our system as soon as possible.

ARTICLE 1 - OBJECT

These General Conditions of Sale (hereinafter “GCS”) apply to services marketed and operated by Telintell and govern the use of the Services. These GCS are inseparable from the special conditions (hereinafter "SC") of each service subscribed by the Customer.

ARTICLE 2 - DEFINITIONS

Client: Natural person or legal person who concludes in his name and on his behalf, the service contract and who becomes its holder.

Anniversary date: Day of activation of the first Telintell service subscribed by the Customer. This date will be the basis for the customer's monthly billing date.

Fleet: All the lines of the same customer.

DTMF (Dual Tone Multi Frequencies) : Allows to transmit data on a voice telephone circuit. 

Operator: Supplier with its own network and allowing the provision of the service by Telintell.

Services: Telecommunications services and products marketed by Telintell.

User: Adult natural person using the service under the responsibility of the customer.

ARTICLE 3 - Contract Document and Pre-Contractual Information

3.1 Contract documents

The service contract is constituted in order of increasing priority: these GTC; SCs (special conditions) of the services concerned; Orders placed by the customer through the customer area. Telintell may be required to change the General and Special Conditions, the new version of which will then be published on the website www.telintell.com. The Customer is informed that the subscription or use of the Services after the entry into force of the new General and Special Conditions constitutes acceptance of these. These new general and specific conditions apply to all the services subscribed beforehand by the Customer, in order to ensure a homogeneous contractual whole for all the services. The Customer is informed that any information found in the FAQs or any page providing the Customer with information relating to the Services offered by Telintell, has the strength of GCS.

3.2 Fields of application

This information or documents will prevail over any other condition appearing in any other document, cancel and replace any prior written or verbal agreement, correspondence or proposal, except in advance, express and written derogation.
Any contrary or additional stipulations that would be opposed by the Customer not forming part of the service contract (in particular within the framework of purchase conditions) cannot prevail over this service contract in the absence of prior written acceptance from Telintell.
Additional services subscribed separately and/or options are ancillary contracts to the service contract. They follow the regime of the latter, unless mentioned on the order form or in the SC. The parties must inform each other of any information that they deem essential in the context of the use of the Service.

ARTICLE 4 - Subscription to the Service Contract

4.1 Proofs

Telintell reserves the right to ask the Client for any supporting document and in particular to justify its identity by providing Telintell with the following documents (whether the main use of the Service is in metropolitan France or in any other country):

• A Kbis extract (in France) or a proof from the commercial register (for any other country), less than three months old or any other document containing the legally obligatory information for the designation of the legal person ;
• An official document attesting to the quality of the signatory and the extent of his powers ;
• Proof of identity of the natural person duly mandated to take out the service contract on behalf of the legal person; He must justify a bank domiciliation by the provision of a bank, postal or savings bank statement. Telintell may possibly request any other document it deems additionally necessary ;
• For individual customers, proof of domiciliation and identity of the client ;
• Depending on the customer's country of residence and for the proper performance of the EasyCall and virtual numbers, the customer authorizes Telintell to open in his name, in his country, one or more telephone lines with a number of the said country.

4.2 Subscription

The subscription to the service contract is effective from the registration of the customer from the Telintell site. The subscription of this Service Agreement implies full acceptance of these GCS and the SC of services available on the site www.telintell.com or handed over to the Customer if necessary. Subscription takes place online according to the double click process, for professional or private customers. Automatic registration systems are considered as proof of the nature, content and date of the order or subscription. The customer subscribing online must make sure to print or save a copy of these GCS and the SCs associated with the services subscribed.

4.3 Subscription Terms

Telintell reserves the right to refuse subscription to the service contract if one of the following conditions is not met :

• Settlement of all debts incurred by the Client from Telintell under another contract ;
• the supply of all the supporting documents requested by Telintell ;
• The agreement given by the banking payment centers concerned ;
• Customer's exact statements ;
• Anti-fraud control as defined in Article 16.
In this case, the subscription request will be automatically canceled and the customer notified by email. Telintell reserves the right not to accept subscription to the service contract in the event of non-provision of one or more requested supporting documents.

4.4 The Service Contract Subscription is directly operated

With Telintell.com.

4.5 Subscription to new services

It is specified that in the event that, after the subscription to the service contract, the Customer wishes to subscribe to new services or options, or modify the subscription formulas, said requests for modifications are made online (subject to acceptance of Telintell). As a result, the general conditions of sale and the SCs in force on the day of the modification (available on www.telintell.com) will also apply in full effect.

4.6 Absence of changes

The customer will not be able to ask Telintell to modify the conditions of his subscription outside the range described in the price sheet.

4.7 Omission of a Statement

If the Customer has failed to report on the existence of prior debts with regard to Telintell or if the Client has made incomplete declarations when subscribing to the contract, Telintell will send him, by any means, a formal notice to regularize his situation in a maximum period of eight (8) calendar days, from the formal notice. In the absence of regularization at the end of this period, this contract will be automatically terminated. Any sums due under the terminated contract and previous contracts are offset with all sums held by Telintell on behalf of the Client, for any reason whatsoever.

4.8 Telintell refusal to subscribe

Telintell reserves the right to refuse subscriptions from applicants who do not present, after studying their file, all the guarantees of use of the service in a non-abusive way or presenting risks of default of payment.

4.9. Contract Cancellation

Following its subscription, the Service (Easycall or VirtuBoard) is activated between 2 and 15 days.
In the event the Customer cancels his order, for any reason whatsoever, before activation, the Customer will be liable either for all the remaining commitments due if the contract has been concluded with a commitment period, or the costs incurred by Telintell with his service providers for the deployment of the services as well as the internal processing costs of the order specified in the tariff catalog, if the contract was concluded without a term commitment. 
In the event the service was not active beyond the 15 working days that follow the subscription date, upon the Customer's request, Telintell will proceed with the refund of the paid sums.
Once the subscription confirmed and the Service activated, a refund is no longer possible and beyond the date of activation of the service, the regulations stipulated in Article 5.2 will be applied.

A partial cancellation of a subscription is technically not applicable.
After a subscription that would include by itself several phone lines or options was confirmed, the invoices and payments will include the whole of those items.
It will not be possible to break down a subscription or any monthly payment to remove one or several features from it.

4.10. Right to Withdraw

The customer, if he is a consumer or a professional, has a period of 3 calendar days from the conclusion of the contract, to exercise his right of withdrawal by sending himself in writing via the Telintell.com site.
In the event of withdrawal, the customer will also be liable, in the event that the performance of the service contract has started before the end of the withdrawal period, of the costs/tariff corresponding to the service provided until the communication of his decision to withdraw. These costs will not be proportionate to the total price of the service agreed in the contract and will be due in full. After this period, no right of withdrawal or refund of any amount paid will be accepted.

ARTICLE 5 - Security Deposit and an Advance on Consumption

5.1. Security Deposit

Telintell reserves the right to request the Customer, when subscribing to the contract or at any time during its execution, and in particular in the event of a delay, incident of payment or overrun of out-standings, the payment of a security deposit, an advance on consumption or the commitment of a deposit, each yielding no interests, of up to six (6) months of estimated consumption and subscription.

5.2. Security Deposit Compensation

Telintell may, without notice, use the security deposit or the consumption advance in order to meet any costs, loss or liability incurred as a result of a breach of the Customer's obligations. The amounts paid under any guarantee may be contractually compensated with the sums for which the customer remains debtor under his service contract, pending or terminated, not legally contested. The balance owed by Telintell to the Customer will be returned to him within thirty (30) days after termination of all his services by the CLIENT and after the extinction of any debt to Telintell. Any sum deposited in the hands of Telintell does not produce any interest.

In the event of early termination/cancellation of a subscription with due date and/or non-payment of a monthly payment beyond 30 days, while the subscription is still active and to the extent that no refund is accepted, the full sum of the security deposit will become Telintell's property in its own right. The service will be suspended/cancelled. Any new subscription will be subject to the conditions of a 1st subscription.

In the event that Telintell had to legitimately draw a part of or all of the security deposit and that the customer's subscription was still active, Telintell may request a new payment of the said deposit from the customer, by sending a link which will allow the latter to pay the requested sum.

In the event of refusal to pay the aforementioed sum, Telintell reserves the right to suspend the current subscription until the payment of such security deposit.

5.3. Customer Agreement

The customer has a period of three (3) working days to accept the principle and amount of this permanent advance on consumption or the security deposit. Failing to produce the advance on consumption or the security deposit, the service contract is deemed to have expired, at the end of this period and will therefore be canceled, the customer cannot request the slightest reimbursement of costs and waives the request of the slightest damage from Telintell. As long as the advance on consumption is not cashed by Telintell, the Customer acknowledges that his subscription will not be able to take effect under the conditions of Article 4 hereof.

5.4. Security Deposit Refund

The restitution of the security deposit or the discharge of the surety occurs after the termination of the contract, subject to the payment by the customer of all the remaining sums due to Telintell.
In particular or unless:
1) The customer does not renew the subscription within 30 days of its expiry date.
2) Telintell has not received any notification by e-mail from him, indicating that the subscription will be renewed shortly after its expiry.
3) The customer has no unpaid bills, specifically for out-of-plan calls. In the latter case, Telintell reserves the right to withhold, from the deposit, the unpaid sum, for which the customer has already received the invoice to be paid.
4) The costs related to the non-payment of an invoice, which have not already been paid, will be deducted from the deposit to be returned.
5) The customer did not request an early cancellation of the service contract. If this is the case, the terms described in Article 12.3.2 will be applied. The amount of the deposit may be deducted from the total amount owed by the customer to Telintell.

ARTICLE 6 - Rates and Pricing Review

6.1. Rates

The rates applicable to the Services are those in force at the time of the subscription of the Services and are defined in the price sheet made available to the Customer when subscribing to his service contract and remaining available to him.

6.2. Modification of the Rates

Telintell reserves the right, however, to modify its prices at any time subject to what is said below and in particular in article 13 hereof. The price is defined in the Telintell service contract and/or rates in force on the date of signature of the contract/validation of the subscription. The price is subject to change. In the event of an increase in the price of an electronic communications service, Telintell implements it under the conditions provided for in Article L.224-33 of the Consumer Code.
In any event, the Customer expressly accepts, without compensation or right to termination, the price changes of a service when they are the consequence of a modification of the regulations or injunction of a public authority, increase, by the suppliers of Telintell, in the price of the equipment or their components as a result of a shortage of components or fluctuations in commodity prices at the global level.

6.3 Coupon Code

Telintell can suggest its users to use a coupon code, whose purpose is to apply an immediate discount to the standard price of its services.

If a coupon code is used during the subscription procedure :

a) Every added item will be subjected to the coupon's discounted value.
b) It will proportionally decrease the value of the security deposit.
By the time the subscription is manually or automatically cancelled and no sums are due to Telintell, only the security deposit's proportionally decreased amount will be refunded, not it's basic/original full value.

ARTICLE 7- Payment, Outstanding payment and Billing

7.1. Payment

For professional customers - Payment for services is made by direct debit or by debiting a bank card on the date of issue of invoice. For any other method of payment, and in particular by administrative mandate, the payment of services is made on the due date of the invoice.
For private customers, payment for services is made by debiting a bank card, within fifteen (15) days from the date of issue of invoice, for the subscription part. For the payment of non-package consumption on the services, it will be a debit on a bank card on the date of payment through the Telintell site.
Telintell reserves the right to deduct at any time the payment of the customer's telephone consumption, in particular from the amount of the deposit.

7.2. Direct Debit Mandate

Due to the international nature of its activities, Telintell does not offer payment of invoices by direct debit mandates.
Any future changes in this payment policy will be directly visible in these same general conditions of sale.

7.3. Outstanding invoice threshold

Whatever the profile of the user, professional or individual, no threshold of outstandings will be applied. The deposit paid by the customer will be used in the event of non-payment of any amount due to Telintell.

7.4. Billing

Invoices are established monthly, on the anniversary date of the activation of the first Telintell service and are notably available in electronic format on the « My Account » pages. 
The Services will be invoiced at the latest three (3) months after the validation of the Customer's order by Telintell. Telintell reserves the right to postpone this period if the deployment and/or installation for the client requires it. Service activation is started after billing.

7.5. Payment delay

Any delay in payment will give rise to the law and without any formal notice being necessary for the payment of late penalties. Miscellaneous charges related to a non-payment of the sums due under the service contract will also be charged.

7.5.1. Professional Customers

These late payment penalties calculated on the basis of the interest rate applied by the European Central Bank (ECB) to its most recent refinancing operation, plus ten percentage points, due on the day following the agreed due date until full payment of the amount due, without a reminder to be necessary. These penalties are supplemented by a lump sum compensation, the amount of which is set by decree; As an indication, this amount is currently €40 per late paid invoice. Under the terms of Article L.441-6 of the Commercial Code, Telintell may claim any additional compensation, when the costs it has incurred are greater than the amount of the lump sum compensation (in particular costs of a lawyer or a debt collection company).
In the absence of payment within 8 (eight) days from a follow-up email, the suspension of the customer's lines will be carried out and an appeal before the competent court may be initiated. Telintell reserves in any case the possibility of preserving its interests by means of conservatory seizures.

7.5.2. Private Customers

As of a stimulus email that has remained without effect, the remaining sums due to TELINTELL on their due date may be increased by late payment penalties calculated on a daily basis, at a rate of 1.5 (one and a half) times the interest rate legal.

7.6 Contract Relationship Oneness

Receivables due by the Customer under a contract taken out with Telintell may be carried over to any other contract.

ARTICLE 8 – Disputes

8.1. Invoices Dispute

An invoice that has not been contested by the Customer within three (3) days from its date of issue is deemed to be accepted by the latter in its principle and in its amount. No complaint or dispute authorizes the customer to defer payment of an invoice whose claim is due. In the event of disagreement on an invoice issued by Telintell, the Customer must notify his complaint accompanied by all the corresponding supporting documents. Telintell informs the customer of the consequences he wishes to give to this dispute. Any reduction in the disputed invoice will give rise to the issuance of a credit note (in the form of a coupon code) deduced from the following invoice after agreement of both parties pursuant to Article L. 34-2 of the Postal and Electronic Communications Code, the limitation period of all requests for restitution and payment presented is one year.

8.2. Invoicing Rules

The customer's billing is based on the data recorded systematically and unalterable on Telintell's computer media. These computer media are kept by Telintell for a period of six (6) months from the date of establishment of the invoice. These supports have the value of a writing in the meaning given to this term in article 1347 of the French Civil Code. The records appearing in the Telintell timestamping and charging system are proof of the use, duration and destination of calls by the customer until proven otherwise. Telintell makes available to the customer these elements (detail of communications and elements on the services invoiced under the service contract).

8.3. Consumption's Details

Telintell (or the Contract Managing Processing Center) makes available to the Customer the information concerning billing for the period specified above. Telintell (or the Contract Manager Processing Center) is however relieved of this obligation when it provides the Customer with the details of his communications.
Telintell reserves the right to send the customer the details of these communications, monthly, by the way chosen by Telintell.

ARTICLE 9 - Telintell's Commitments and Responsibilities

9.1. Telintell's Commitments

Telintell undertakes to provide all the necessary competence and care for the provision of services and to implement all the necessary provisions in order to provide the services on a permanent and continuous basis. As such, Telintell has only an obligation of means and not a commitment to quality of service.

9.2. Telintell's Responsibilities

Telintellcannot be held liable when the interruption of service or non-compliance with the commitments results :

• Misuse of the Services by the Client and/or its correspondents,
• Because of a third party,
• Due to the customer or his installer and in particular the non-compliance with the Telintell technical specifications available on the website www.telintell.com for the implementation of the service or a malfunction of the internal service,
• Because of a failure to comply with the procedures for installing or using the equipment, and in particular in the event of use by the Customer or his correspondent of equipment incompatible with the operation of the Service, or likely to disrupt its operation,
• Because of a service change requested by the customer or his installer,
• Because of an item not supplied and/or not installed by Telintell,
• Due to the modification, handling, intervention, repair, disconnection or displacement of products and services by the customer independently of any agreement or recommendation of Telintell,
• Because of exceptional difficulties and, in particular, the existence of specific constraints or the need to implement special means (such as: regulated access, prohibition of passage, natural obstacles, architectural configurations not accessible by usual means) not attributable to Telintell,
• Because of the disclosure by the Client, by any means, of the service access code(s) to an unauthorized third party,
• Because of suspension of access to the Service in the cases referred to herein,
• Due to the total or partial malfunction of the service(s) resulting from disruptions or interruptions of the telecommunications means managed by operators to which Telintell is connected,
• Due to electromagnetic wave propagation hazards that can lead to local disturbances or unavailability,
• Because of the suspension in the performance of the services in the context of the maintenance of the network, it being specified that, except in an emergency, these operations will be carried out outside the periods of high traffic and that special care will be taken in order to reduce as much as possible the period of unavailability, from the restriction to the provision of services or cessation of the right to use networks decided by the public authority,
• Because of a case of force majeure or fortuitous event, as defined herein.

Telintell cannot be held responsible for the impossibility of delivering the service in the event of non-compliance with the obligations and responsibilities of the Customer.

9.3. Responsibilities Limitations

In the event of liability of Telintell, the amount of damages that may be due to the other party may not exceed 25% of the sums already paid by the Client to Telintell in execution of this contract during the last twelve months.
The liability actions against Telintell are prescribed by 1 month from the event causing the damage.
Telintell's liability will be limited to the repair of the direct damage suffered by the customer excluding all consequential damages such as, for example, loss of profit, loss of turnover, loss of customers, loss of profits, loss of data.

9.4. Foreseeable Damages

Pursuant to article 12313 of the Civil Code, it is expressly understood that any foreseeable damage constitutes any early termination of the contract by the customer (for any service having an expiry date, excluding non-binding services).
Consequently, any early termination of the contract in violation of the duration of the commitment by the customer will result in the payment to Telintell of a lump sum indemnity equal to the total amount of the remaining monthly payments to be run from the date of termination of the contract(s) Services.
The deposit paid initially by the customer may be used for these purposes.

ARTICLE 10 - Rights of Citation and Confidentiality

10.1. Customer's right of Citation

Telintell grants the Customer the right to use the name and brand as well as the functional and synthetic description of the contracted services within the framework of the Customer's communication actions: press releases, marketing brochures, registration on the websites, subject to validation by Telintell.

10.2. Telintell's Right of Citation

Telintell reserves the right to citation of the customer in reference, in particular to include the name of the customer, his logo, in any commercial and/or technical support (commercial proposal, performance report, etc.), in any communication medium and in any place whatsoever (POS, customer case, website, trade show, etc.).

10.3. Confidentiality

Each party recognizes the confidentiality of all documents, systems, software preceded by any information that may be communicated to it by the other party during the negotiation or execution of the contract or accepted orders that are not known to third parties (confidential information). The Customer undertakes to use the Confidential Information only for the purposes of the Contract and not to disclose it to third parties. The customer commits himself to be in compliance with this obligation of confidentiality by his employees, agents, agents as well as by his authorized users. The Supplier undertakes not to disclose to third parties all the documents and information concerning the Customer which will be communicated to him by the Customer as being confidential, provided that these documents or information are not known to third parties. The confidentiality obligations provided for in this article will continue for a period of one (1) year from the expiry date of the last accepted order for products and services.
In the event of requests from the authorities and in particular the police or the gendarmerie, Telintell will have to communicate the desired elements without the risk to see its liability engaged.

10.4. Divulgence

The Customer is informed that Telintell must, in accordance with the legislation in force, to transmit the data concerning him on the requisition of any authorized administrative or judicial authority.

ARTICLE 11 - Customer's Obligations and Responsibilities

11.1. The Customer is bound to pay all sums invoiced under the Service Agreement as well as those relating to the Service(s) and/or option(s) possibly subscribed and the performance of all of its obligations.

11.2.The Customer undertakes to communicate to Telintell a valid email address that will serve as the primary contact for all communications from Telintell to the Customer.
Telintell would not be held responsible in the event of damage found in the non-communication or updating of a valid email address. Telintell cannot be held liable in the event of calls to emergency numbers from a softphone and/or a VOIP gateway. The customer undertakes not to make this type of calls, the risk of an error based on the geographical location being too high.

11.3. The Customer undertakes to communicate to Telintell as soon as possible any modification necessary for the proper performance of the service contract, in particular of any change of bank details, name and address.

11.4. It is the customer's responsibility not to communicate inaccurate information to Telintell, in particular in the wording of its contact details. In the event of failure to declare (omission of the existence of prior debts with regard to Telintell or inaccurate declarations when subscribing to the service contract), Telintell will send the Customer, by any means, a formal notice to regularize his situation within a maximum period eight (8) calendar days.

11.5. It is the customer's responsibility to declare from the « My Account » page of the site www.telintell.com the department and the municipality in which he is located. As a result, Telintell cannot be held responsible in the event of an error on the part of the Customer in the declaration of his locality. In the same way, Telintell cannot be held responsible in the event of an error on the part of the Customer in the declaration of his locality leading to an inconsistency in the routing of calls to the emergency numbers.
Note: Due to the heterogeneous location of its Customers, it is not recommended that customers use the services of Telintell for the routing of such calls to emergency numbers, short or surcharged numbers.

11.6. In the context of support operations, the Customer undertakes to carry out any action at the request of the Telintell technicians, and in particular to restart its equipment in order to solve any malfunctions. Similarly, in the context of support operations, the customer undertakes to let the Telintell technicians connect via the Internet to their computer through remote assistance software.

11.7. The Client undertakes to indicate to Telintell if he does not wish to appear in the directories. By default, no number will appear in a phone book.

11.8. The Client acknowledges that he has taken full knowledge of the Telintell company's recommendations relating to the security of the installations on the site www.telintell.com recommending the systematic implementation of the minimum security rules and that he has checked or had checked the eligibility and technical compatibility, In particular, analogue fax devices, payment terminals or central monitoring stations connected to a telephone adapter/gateway. It is his responsibility to ensure, in addition, to obtain a quality service:

• The bandwidth of its Internet access, in accordance with Telintell's recommendations, as indicated below
• Of a prioritization of voice flows on data streams on its network
• Of the provision of a category 5 or more Ethernet cabling
• Of the use of access equipment that respect the integrity of SIP messages and the opening of UDP ports 389, 5060, 5061, 8060 and 16384 to 16482 or the opening of the following subnets: 83.136.161.0/24, 83.136.162.0/24, 83.136.163.0/24 and 83.136.164.0/24.

11.9. The Customer remains solely responsible for the preservation, confidentiality and use of access codes, identifiers and lines provided by Telintell, essential for the use of certain services or in order to modify the offer initially subscribed, as well as all the acts they allow to carry out. However, if the customer account is created by Telintell, it is the customer's responsibility to change his password at the first connection. The Customer remains responsible for connections or calls made from its equipment through its identifiers, access codes or lines. It is up to the Customer to take all necessary measures to ensure the security of the data relating to his contract and these different codes (personalization) and/or identifiers. Telintell cannot be held responsible for any consequences that any disclosure, even accidental, of these codes and/or identifiers to a third party could have. In the event of disclosure, diversion, loss or theft of its identifiers, access codes or lines, the Customer must without delay request new identifiers and personal codes by connecting to the « Contact » form of the site www.telintell.com. The Customer is responsible for the financial consequences of fraudulent or abusive use of identifiers, access codes or lines provided by Telintell as part of the Service. Any connection with the Customer's identifiers, access codes or lines will be deemed to have been made by the latter.

11.10. The Customer undertakes to use the Services in a non-abusive manner and is prohibited from use contrary to the laws and regulations in force. It undertakes in particular (but not exclusively) not to use (or authorize/allow a third party to use) the Services to transmit information, offer any service, receive elements or data of any kind whatsoever, which would be in violation of the laws and regulations in force, which would be abusive, threatening, shocking, defamatory, pornographic, pedophilic or which could be considered offensive by any other means, or would infringe confidentiality commitments or violate intellectual or industrial or other property rights. The Customer also undertakes not to knowingly or negligently transmit any electronic and/or logical element via the Service which would cause or would be likely to cause damage of any kind whatsoever to the computer systems of Telintell or to other Internet users. The Client undertakes in particular to respect the ethical rules relating to telematics services (data exchanges by telephone). In the event that the number provided by Telintell to the Customer is associated with SPAM by the national operators taking into account the non-compliance with the laws and regulations in force by the Client in the use of the Services, Telintell will not be able to provide a replacement number.

11.11. The client will make his personal business the rights and obligations to any local copyright company (in France, SACEM and SCPA).

ARTICLE 12 - Commitment's Term - Suspension, Cancellation - Non Execution & Transfer

12.1. Commitment's Term

The contract is firmly concluded from the activation of the service for an indefinite period, unless a minimum commitment period is provided, according to the SCs of the service subscribed by the Customer.

12.2. Contract's effects

The contract will take effect on the date of the first subscription and the first billing of the service. The commitment period begins to run from the first billing.

12.3. Cancellation

12.3.1. Termination of the contract and/or associated services (with or without minimum commitment period)

EasyCall & VirtuBoard Services :

At the customer's request, a non-binding contract/subscription can be terminated at any time. The date of the end of the subscription as well as the invoicing will be the end of the month following the month during which the Customer has requested the termination of the contract.

If the termination is at the initiative of the customer, the latter will remain liable for the termination costs defined in the Telintell tariff sheet in force. He will send his request to Telintell, by opening a ticket from his own account.
Termination at the direct request of the customer leads to the end of all services.
When it is at the initiative of Telintell, the request for termination may be made by any means.
Termination of a service also leads to the termination of the options attached to it.

12.3.3. Telintell's Decision to Cancel

Telintell reserves the right to terminate without delay or notice in the following cases:
• Termination and/or substantial changes in contractual relationships between Telintell and other operators,
• Loss of network operating permissions.

12.3.4. Cancellation because of Omission

In the event of failure by one of the parties to any of the substantial obligations under contract, the other party will have the option, thirty (30) calendar days after the date of notification of a formal notice that has remained unsuccessful, to terminate the contract, or if necessary the service(s) concerned, by sending a registered letter with acknowledgment of receipt, without prejudice to any other right at its disposal.
By exception to the previous paragraph, Telintell may terminate the contract under the following conditions :

1) After a formal notice remained ineffective for a period of fifteen (15) calendar days following notification of the registered letter when the breach concerns the total or partial non-payment of the sums owed by the Customer. This termination to the exclusive fault of the Customer will result in the payment of a lump sum compensation equal to the total amount of the monthly payments remaining to be run from the day of termination, without prejudice to any additional damages and interest that could be requested in court by Telintell.
2) After a formal notice remained ineffective for a period of eight (8) calendar days following the notification of the registered letter when the customer has failed to report the existence of prior debts with regard to Telintell or if the customer has made incomplete declarations during the subscription to the contract. The termination will then be carried out according to the terms of article 4.7 of these general conditions.
3) Without delay or notice in the following cases :

• Customer's false statement about the service contract,
• failure to constitute guarantees under the conditions described herein,
• Non-activation of the service(s) within six (6) months from the subscription,
• Non-continuation of the service contract decided by the judicial administrator in the context of a receivership or judicial liquidation procedure,
• Personal bankruptcy pronounced judicially,
• In the event of improper or improper use of a service offering including unlimited communications,
• Non-compliance with the ethical rules and legislation in force, particularly in terms of value-added service,
• Telintell's dispute of the non-conforming use of the service as described in the special conditions. Telintell reserves the right to invoice the remaining amount due from the commitment period in the event of a breach by the Customer in any of his contractual obligations. This termination will occur without the customer being able to claim any compensation. However, if the latter occurs in violation of the initial duration of the commitment, Telintell will be entitled to claim a lump sum compensation corresponding to the entire commitment remaining due for the Services.
In the event of a contractual breach by Telintell, the termination fees will not be due by the Customer and the amounts invoiced will be calculated in proportion to the number of days due between the date of the last billing and the date of notification of the Termination.

12.4. Suspension or interruption of Services

Telintell reserves the right to suspend totally or partially (access to emergency numbers being always possible but not guaranteed) and without notice and without any formal notice being necessary, performance of the service contract or to limit access to the services subscribed by the Customer, after have notified him by any means :

• Pending the possible execution by the customer of one of its obligations under the service contract,
• Pending payment of the security deposit or the guarantee commitment or the advance on consumption referred to herein,
• In the event of total or partial non-payment by the customer of the sums due,
• In case of exceeding the client’s outstanding threshold,
• In the event of an abnormally excessive increase in the amount of customer consumption, this in order to preserve the interests of the customer,
• In the event of force majeure, as defined herein,
• If the customer performs more than thirty (30) SIP transactions per second,
• If the average daily call duration is less than forty (40) seconds,
• If the daily ASR is less than 50% (ASR corresponds to the number of calls picked up divided by the total number of calls issued)
• In the event of improper or non-compliant use of the service.
The reinstatement of the services subscribed after suspension may give rise to the invoicing of return-to-service costs, to which may be added the supply by the Customer of any new guarantee deemed useful by Telintell. In the event of suspension of services for more than 2 (two) months, Telintell reserves the right to terminate the contract without notice.

12.5. Contract Transfer

Telintell may assign, transfer or bring to a third party in any form whatsoever the rights and obligations arising from this Agreement. It will inform the customer in advance.
Any contract is concluded by Telintell in consideration of the person of the Customer, who will not be able to assign, transfer or bring it to a third party without prior agreement from Telintell.
Any transfer of the contract releases the parties from the obligations arising from the contract for the benefit of the transferee from the date of the transfer. Consequently, the assignor may in no case be in solidarity with the performance of the obligations arising from the contract.

ARTICLE 13 – Contract Modifcations

The Customer is informed that Telintell periodically changes its services so that it can adapt to the evolution of its sector of activity. In this context, Telintell may modify or delete all or part of a service or its components. When the evolution or deletion relates to electronic communications services, Telintell implements the resulting contractual changes under the conditions provided for in Article L.224-33 of the Consumer Code. For other services subject to change or deletion, Telintell will inform the Client with one (1) month's notice, and will make its best efforts to offer him an alternative if necessary. In the absence of opposition from the Customer at the end of the period of one (1) aforementioned, the Customer will be deemed to have accepted the evolution or the deletion of the Service.

ARTICLE 14 - Force Majeure

In addition to those usually retained by the case law of the Court of Cassation and those defined in article 1218al1 of the Civil Code, are considered as cases of force majeure or fortuitous cases : Exceptional bad weather, natural disasters, floods, fires, lightning, computer viruses, phenomena of electrical or electromagnetic origin that disrupt networks, attacks, power cuts of more than Seventy-two hours on a Telintell site or at the customer's, legal restrictions on the provision of telecommunications services, the impossibility for Telintell, after completing the necessary steps, to obtain the necessary authorization for the connection of the customer to his network, and the withdrawal or the modification of the latter and in general, the events requiring the application of local or national plans to maintain the continuity of telecommunications services.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the termination of the contract.
If the impediment is final, the contract is automatically resolved and the parties are released from their obligations under the conditions provided for in articles 1218 of the Civil Code.

ARTICLE 15 – Propriety, Mandate and Portability

Telintell does not currently offer portability services from another operator to Telintell services.

ARTICLE 16 - Anti-Fraud Control

Telintell checks all orders that have been validated on its site. To do this, Telintell is likely to call on different service providers. These checks are intended to protect Telint from abusive practices operated by fraudsters. As part of these procedures, the services of Telintell may be required to request the customer all the documents necessary for unlocking his order: proof of address and debit in the name of the customer, etc. These requests are made by email. An irregular declaration or an anomaly may also be subject to specific treatment. In accordance with the Data Protection Act of January 6, 1978, the Customer has at all times a right of access, modification, and opposition to all of his personal data.

ARTICLE 17 - Personal Data

Each Party undertakes to comply with the regulations in force and in particular the European regulation of 27 April 2016 (2016/679) applicable from 25 May 2018 relating to the protection of personal data « GDPR ». The personal data processing implemented by Telintell are described in the Privacy Notice, accessible at the following address: www.telintell.com/legal.
At any time, the Customer may modify his contact details directly on www.telintell.com. This one is entitled to request its deletion of the Telintell customer file. More generally, the rights of the customer concerning the processing of his personal data are described in the privacy notice.
This information makes it easier for the customer to use the website, for example by avoiding multiple re-entrying, and taking full advantage of all the features that the site offers to the customer. The customer's address is useful at the time of the order in order to send him his order. The customer's contact details allow Telintell's customer service to contact the customer for the follow-up of his order. The customer's email address allows Telintell to identify the customer and confirm the customer's orders. The customer's banking information (bank card number, validity date) is encrypted by the SSL system. They are inaccessible by a third party. Telintell reserves the right to include the name of the Customer on the list of commercial references communicated to the public in the absence of express prohibition on the part of the Client. Telintell may communicate the information concerning the Client to the companies of the Group to which it belongs (subsidiaries, parent company, or other Group companies) but not to polling institutes, market research, and/or partner companies in the context of commercial transactions.

In the event of an unpaid or irregular declaration, the information relating to the Customer is likely to be communicated to collection organizations.

The customer must use the numbers received exclusively for private purposes and is prohibited from making files. The customer is informed that for any outgoing call from a Telintell line, his phone number is transmitted to the whole channel.
As part of its security policy, Telintell applies the security measures necessary for the prevention of incidents and implements the means to react to an incident to limit the unavailability of services and the impact on its customers' data.

ARTICLE 18 - Opposability Of Electronic Exchanges and SMS

The Customer expressly accepts that any request via e-mail or SMS is opposable to him, that the proof of the Customer's consent relating to said requests is constituted by a registration on the Telintell Information System. The Customer therefore accepts that this data is recorded and reproduced on a computer medium chosen by Telintell, a means of which it recognizes the convincing value.

ARTICLE 19 – Divulgence

19.1. Applicable Right

French law only will be applicable to commercial relations resulting from the order form, these conditions, the special conditions or their consequences.

19.2. Revision for Unforeseeability

It is expressly understood that this clause has the effect of dismissing the supplementary device of article 1195 of the Civil Code. If a change of circumstances unpredictable when concluding or renewing the contract renders the execution excessively expensive and harmful to a party who had not agreed to assume the risk, the latter may request a renegotiation of the contract to its co-contractor, by letter registered with acknowledgment of receipt, with a statement of reasons and a copy of the supporting documents relating to his request. It continues to fulfill its obligations during the renegotiation. The parties undertake to renegotiate the contract in good faith. In the absence of an agreement within one month from the date of the aforementioned registered letter, each party may terminate the contract by registered letter with acknowledgment of receipt. The termination will take effect within eight days of receipt of the aforementioned registered letter, under the conditions herein.

19.3. Complaints

The customer can file a complaint in the event of a dispute, via the online contact form on the site www.telintell.com

19.4 Clause of conciliation

Prior to any legal action, the parties agree to attempt to reach an amicable resolution of the said dispute.
To this end, the most diligent party sends a registered letter with acknowledgment of receipt to the other party. In the absence of an amicable resolution within one (1) month of receipt of this letter, each party may bring the dispute to the courts.
During the amicable resolution period, the parties refrain from taking any legal action against each other.
By exception, in the event of a legitimate reason relating to the urgency, to the matter in question (in particular: request for an instruction measure), the existence of imminent damage, or a manifestly unlawful disturbance, the parties may seize the judge at any time.

19.5 Competent Jurisdiction

In the absence of an amicable resolution, all disputes of all kinds, contestation, difficulty of interpretation, execution or cessation of commercial relations resulting from the present or their follow-up, and orders placed for their execution, will be submitted to the Commercial Court of Nanterre, even in case of interim relief, warranty appeal and incidental claim or multiple defendant.

ARTICLE 20 - Applicable Law and Attribution of Jurisdiction

The present regulations are governed by French law. The customer is informed of the possibility offered to him, in the event of a dispute for the interpretation or execution of these presents, to have recourse to the mediator of the companies: https://www. economie.gouv.fr/mediateur-des-entreprises.
In the event of a dispute for the interpretation or execution of these presents, jurisdiction is assigned to the Commercial Court of Nanterre notwithstanding multiple defendants, appeal in guarantee or referral.