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Version applicable as of 2020-04-04

Preamble

The present Terms apply to the commercial relationship between BJT PARTNERS SAS (Société par Actions Simplifiées), registered with the RCS of Nanterre under no. 480 234 210, of which the head office is located at 50 bis rue Maurice Arnoux, Montrouge 92120, France (hereafter designated “BJT PARTNERS” or “Provider”) , and its clients (hereafter designated “Subscriber” or “Client”), who agree to use the Service only in the context of their professional activities.

These Terms define the rights and obligations of the parties as to the provision and use of the conference call services available through the Ringover websites ringover.com and/or ringover.io. The Client may save, print and retain these Terms as well as all other provisions contained in any other document, unless otherwise specified in writing. If a particular clause of these Terms should become invalid for any reason whatsoever, this clause would be modified to the strict minimum to become applicable. It is agreed that the language of these Terms will be either French or English, depending on the location of the Client.

DEFINITIONS

“Service” refers to all teleconferencing services (online and telephonic) provided by Ringover and accessible via Ringover’s websites.

“Organizer” is the person using Ringover for the purpose of organizing a teleconference.

“Participant(s)” refer(s) to any person(s) invited by the Organizer to take part in a conference call; with the Organizer being authorized to invite one or more participants.

“Client” refers to the Organizer and/or Participant.

“Access Number” refers to the phone number that the Organizer and Participant(s) must call in order to access Ringover’s teleconferencing services by phone.

"Access Code" refers to the personal security code chosen by the Organizer that must be entered in order to take advantage of Ringover’s teleconferencing services.

1. Description of service

Via its Ringover websites mentioned in the preamble, BJT PARTNERS allows Clients to organize conference calls that can be accessed from a computer, smartphone or landline. Ringover’s online space provides the Organizer and Participants with an interface for screen and document sharing as well as conference call management. The link for accessing this space is provided to the Organizer so that they may share it with Participants.

2. Acceptance and modification of terms

2.1 Acceptance of Terms

By using Ringover, the Organizer and Participants acknowledge having read and accepted all provisions of these Terms and agree to submit fully.

The Terms are accessible through the websites of the Service.

The Organizer and Participants also acknowledge full legal capacity or have the permission of an authorized person to accept and submit to these Terms.

Use of the Service implies full acceptance of and compliance with these Terms by the user.

Any additional costs (subscriptions to internet service, mobile data, etc.) incurred through subscription to the Provider’s Service and use thereof shall be the sole responsibility of the Client.

All information concerning use of the Service is provided on Ringover’s websites. For further information, Clients may contact customer service through the online form. Customer service is only available in French and English, so a response to messages in other languages cannot be guaranteed.

2.2 Modification of Terms

BJT PARTNERS reserves the right to change the mode of service use as well as the Terms at any time; especially with the introduction of new services. BJT PARTNERS notably reserves the right to modify the Access Number(s). Clients are informed of each of these changes by email (sent to the email address provided upon the Client’s use of the Service) or through one of Ringover’s websites. Any change to the Terms shall apply to all Clients, including those having signed up prior to the change, with continued use of services implying full acceptance of the modified Terms. Any commercial relationship with BJT PARTNERS will automatically cease if the Client informs BJT PARTNERS of their refusal to comply with the modified Terms.

3. Billing

BJT PARTNERS offers a self-service conference call service, accessible through the web, mobile app or local phone numbers. BJT PARTNERS does not bill the Client directly for service; rather, the Client must pay the cost of calling the access number corresponding to the service used at the rate applicable on the date of use of the service.

The cost of this call will appear on the Client’s regular phone bill.

It is therefore the Client’s responsibility to verify the cost of the call with their phone service operator if necessary.

Any additional costs (subscriptions to internet service, mobile data consumption, etc.) incurred through use of the Service shall be the sole responsibility of the Participants and Organizer.

BJT Partners does not charge Service activation fees.

4. Contract duration

The contract comes into force once the Client accesses the Service via web, mobile app or landline, remaining so for a period equivalent to use of the Service, with it reiterated that use of the Service implies automatic acceptance of the present Terms.

5. Responsibilities of the Client and protection of their private life and data

5.1 Use conforming with the law

The Service is to be used strictly within legal bounds. Clients recognize that they must not use the Service to receive or transmit any information that is unlawful, harmful, defamatory, vulgar, obscene or in any way objectionable.

BJT PARTNERS has no control over the content of the information conveyed on its network. In cases where the responsibility of BJT PARTNERS would be sought due to failure by the Client to uphold their obligations under the law or these Terms, they guarantee to take responsibility for preventing any judgment against BJT PARTNERS, with this guarantee including the coverage of any resulting legal and attorney fees by the Client.

The Organizer and Participants are solely responsible for the use and monitoring of elements communicated to them by Ringover, including Access Codes.

The Client agrees not to use software or manual processes to copy Ringover’s web pages or interfere or attempt to interfere with the proper operation of the Service, including by overloading the capacity of BJT PARTNERS’ infrastructures. BJT PARTNERS will immediately inform the appropriate authorities in the case of any breach in its data and/or network security.

5.2 Due Guarantee by the Organizer and Participant(s)

In case of any action brought by a third party against BJT PARTNERS following an offense or a breach of the Terms which would implicate one or more Clients, the Client(s) agree(s) to indemnify BJT PARTNERS (including its employees , directors, agents, distributors and affiliates) by paying damages equal to all incurred costs (including legal fees) and compensate in full for damages suffered.

5.3 Sanction of wrongful conduct on the part of the Organizer and/or Participant(s)

BJT PARTNERS reserves the right to suspend or terminate the use of Ringover’s services if it discovers that the Client has used the Service inappropriately or in a manner harmful or inconvenient to other Clients, third parties, or BJT PARTNERS, or that violates any of these Terms.

BJT PARTNERS will claim full compensation for damages in case of fault on the part of the Client.

5.4 Data

Ringover respects the norms of the protection of private life. The Client is required to provide certain personal information when signing up for Ringover’s Services. Personal information collected by Ringover is directly transmitted by Clients, at a minimum required to validate signup (full name, email, phone number, etc). Certain additional, non-personal information may be collected, such as the Client’s browser version (Firefox, Internet Explorer, Chrome), operating system (Windows 9x, NT, XP, 2xxx , Vista, Seven, Mac OS, Linux, etc.) or the IP address of the computer used.

Ringover may also use cookies to store identifying information for the Client to prevent requiring them to re-enter information for each Ringover web page visited.

The Organizer agrees to provide a valid and active email address. Participants’ email addresses must also be valid and active.

Information gathered when a Client signs up with Ringover is used to provide our services. All precautions have been taken on BJT PARTNERS’s databases to ensure that Client information is kept in a secure environment. Only certain employees have access to this information, and it is only accessed when necessary. In accordance with Articles 39 and law n°78-17 of 6 January 1978 relating to computers, files and freedom, any person can request communication and, if necessary, rectification or deletion of information directly concerning them by contacting our Client service through the online form or at the following address: BJT PARTNERS, Ringover, 50 bis rue Maurice Arnoux, Montrouge 92120, France. BJT PARTNERS is the sole possessor of information concerning the Organizer and Participants.

The Organizer and the Participants agree that BJT Partners can send them information about the function and development of the Service.

The Organizer and Participants agree that BJT Partners can send them information for promotional purposes in an accurate and timely manner. The Organizer and Participants may request at any time that BJT Partners stop sending information for promotional purposes. Requests to stop receiving promotional information can be made by email or clicking the unsubscribe link.

6. Disclaimers and limitation of liability

The disclaimers and limitations of liability listed below fall under the law governing this agreement.

6.1 - Disclaimers

The Client hereby acknowledges that they use the Service knowingly and understand the characteristics, function and inherent limitations of the Internet. The Service is provided with the maximum of professional dedication. BJT PARTNERS makes no particular guarantees, but will put forth its best efforts in providing the most satisfactory results possible. BJT PARTNERS makes no guarantee that the Ringover Service will always correspond exactly to the Client’s needs. The Client acknowledges that due to the characteristics and constraints of the Internet, the availability and integrity of data transmissions are not always secure. BJT PARTNERS makes no guarantee as to the quality of results obtained through the Ringover service nor the accuracy or security of communications or transmissions, nor the potential alteration or the integrity of data transmitted by the Client, nor the accuracy of information obtained through Ringover. The Client expressly agrees to use the Service at their own risk. BJT PARTNERS cannot in any circumstances be held liable for any direct or indirect damages including loss of time, turnover, or the loss or alteration of Client data resulting from dysfunction of the Service.

The Service may become temporarily unavailable due to maintenance, updates, technical improvements, or enhancements to content or presentation. BJT PARTNERS will to the greatest extent possible inform its clientele prior to any maintenance or updates. The Client agrees not to seek BJT PARTNERS’ responsibility with regard to function and use of the Service in case of momentary interruption resulting from updates to certain files, operating difficulties, disruption to independent services outside the control of BJT PARTNERS, or in the event of a power failure or problem with telecommunication services. The Client understands and acknowledges that any material or data downloaded or otherwise obtained through the use of the Ringover service carries its own risk, therefore the Client is solely responsible for any resulting damage to computer systems or loss of data. No advice or information, oral or written, obtained by the Client from BJT Partners will provide further protection or guarantee.

6.2 Limitation of Liability

In no event shall BJT PARTNERS or its suppliers, employees or subcontractors be held liable for indirect incident or specific damages resulting from misuse of or inexperience with the Ringover service. No additional cost resulting from material procurement or substitute services will be reimbursed. The same goes for purchased or obtained goods or services, messages received or transactions happening through Ringover or arising from any unauthorized use of, alteration to or transfer of Client data. These provisions include without being limited to losses and profits, data and other intangible values, even if BJT PARTNERS could at any time be made aware of the threat of such loss or damage. If BJT PARTNERS can nonetheless still be held responsible under the execution of this contract, the Client may not claim any compensation outside of satisfactory completion of service or a monetary amount which shall in no event exceed 500 euros.

The Client is granted an Access Code and/or link for accessing the Service which is/are strictly confidential and for individual use; not to be communicated or shared with third parties. BJT PARTNERS does not have the means to verify the identity of people signing up for the Services, so is not liable in case of theft of a Client’s identity. In no event shall BJT PARTNERS be liable for loss and/or misuse of the Client’s username and/or password.

The Client shall be solely responsible for any use of their identifying information by third parties as well as actions or statements made through their account, whether fraudulent or not, and guarantees the protection of BJT PARTNERS against any claim in this respect.

Moreover, if the Client has reason to believe that any unauthorized third party is using the identifying information for their account, they must inform Ringover immediately.

The responsibility of BJT PARTNERS under these Terms shall not be sought for any occurrence of a force majeure as defined by the French courts.

7. Force Majeure

BJT PARTNERS will not be held responsible for any breach of its obligations as to provision of the Service as a result of a force majeure and/or third party action, these events being beyond its control. Force majeure events recognized by the courts include all natural disasters, acts of war, breaches of public order, epidemics, fires, floods, extreme weather, and other disasters, governmental acts, strikes and lockouts as well as all electrical problems, whatever the cause, failure of communication networks, and more generally all independent technical malfunctioning of elements that prevent communications.

In case of force majeure, the contract will be automatically terminated and no compensation will be due.

8. Intellectual property and commercial reference

The content of Ringover’s websites, including design, structure, text, images and graphics as well as SEO HTML tags (meta-tags), are protected by the Intellectual Property Code and all other applicable copyright laws.

Ringover’s brands and logos are similarly protected.

Any reproduction, distribution or use of all or part of the content of Ringover’s websites, trademarks or logos without the express consent of BJT PARTNERS is prohibited and would constitute an infringement of the code of intellectual property.

The Client will not exploit BJT PARTNERS’ brands or logos nor use them for any marketing purposes.

The Client does, however, allow BJT PARTNERS to use their name as a business reference for the duration of professional dealings between the parties.

9. Applicable law and competent jurisdiction

9.1 Applicable law

Commercial dealings between the parties are governed by French law and the provisions of the Civil Code, pursuant to Regulation no. 593/2008 of the European Parliament and the Council of 17 June 2008, where applicable.

9.2 Competent jurisdiction

By their acceptance hereof, the Organizer and the Participants irrevocably give exclusive jurisdiction to French courts, including the Commercial Court of Paris, for any litigation including but not limited to validity, interpretation, execution and/or termination and its consequences, even in the case of multiple defendants, calls for collateral or urgency under European Regulation n° 44/2001 of 22 December 2000, where applicable.

10. Partial invalidity

If one or more provisions of these Terms are held to be invalid or declared as such under any law or regulation, or following a final decision of a competent court, all other provisions shall remain in full force and effect.
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