The website ” ardary-insim.com ” is operated by the company 2WS TECHNOLOGIES – RCS LILLE: 830 486 866
Head office address: 26 RUE DE LA CLEF 59800 LILLE FRANCE
Email: [email protected]
The site is hosted by: OVH – SAS with a capital of 10 000 € ;
Servers at OVH : 2 rue Kellermann-59100 Roubaix-France.
In these general terms and conditions of sale and use, each of the terms and expressions below will have the meaning attributed to it hereafter:
2WS TECHNOLOGIES – RCS LILLE: 830 486 866: refers to the company 2WS TECHNOLOGIES – RCS LILLE: 830 486 866 operating under the brand name ” ARDARY inSIM ” of which it is the owner.
Account: All the computer resources are allocated to a User-Customer who can only use them by identifying himself with his Login and password.
User – Customer: Any individual or legal entity wishing to use the services offered by 2WS TECHNOLOGIES – RCS LILLE: 830 486 866 via the ardary-insim.com Website.
Recipient – Contact: This is the person or group who have taken out a telephone subscription with a Mobile Operator allowing them to receive an SMS / MMS message on their cell phone.
Services: refers to the messaging services offered by 2WS TECHNOLOGIES – RCS LILLE: 830 486 866 to its User-Customers, based on SMS / MMS functionalities are allowing the transmission and reception of messages to mobile terminals as well as the management and administration of the technical conditions allowing these operations during the subscription period.
SMS / MMS Box: means the interface designed and developed by 2WS TECHNOLOGIES – RCS LILLE: 830 486 866, which allows the User-Customer to send, receive and manage SMS / MMS messages.
Data: refers to all the information and statistics relating to a User-Customer and collected by ardary-insim.com when processing SMS / MMS.
SMS: Refers to the SMS (Short Message Service) messaging service introduced by the GSM standard and offered by mobile telephony allowing the transmission of short text messages.
MMS: Refers to the MMS (Multimedia Messaging Service) messaging service offered by mobile telephony allowing the transmission of photos and videos in addition to text messages (the reception and sending of photos or videos are limited to 600 Kb per MMS knowing that some phones limit them to 300 Kb).
Attachments: correspond to photos, videos, or links that may be sent and received via messages exchanged between the User-Client and the Recipient(s).
Internet Browser: software installed on a computer allowing access to Internet Sites.
Operator: Refers to a mobile telephone operator in the geographical territory of each country.
Site: refers to the website ardary-insim.com on which the Accounts of the User-customers are hosted.
API: Interface for sending and receiving SMS / MMS accessible from an HTTPS request.
1.1. The present general terms and conditions of sale and use govern the contractual relationship between 2WS TECHNOLOGIES – RCS LILLE: 830 486 866 and its Customers. The use of the www.ardary-sms.com website implies unreserved acceptance by the User-Customer of these general terms and conditions of sale and use.
1.2. The present general terms and conditions of sale and use constitute the sole basis of the commercial negotiation, in accordance with article L. 441-6 of the French Commercial Code, between 2WS TECHNOLOGIES – RCS LILLE: 830 486 866 and its Customers.
1.3 These general terms and conditions of sale and use shall prevail over any other general or special terms and conditions not expressly approved by 2WS TECHNOLOGIES – RCS LILLE: 830 486 866. 2WS TECHNOLOGIES – RCS LILLE: 830 486 866 reserves the right to modify its general terms and conditions of sale and use at any time. In this case, the applicable conditions will be those in effect on the date of the subscription to a subscription with 2WS TECHNOLOGIES – RCS LILLE: 830 486 866 by the User-Customer or of use by the User-Customer.
1.4 Pursuant to the provisions of Article 1369-1 of the French Civil Code, these general terms and conditions of sale and use may be retained by any person who visits the www.ardary-sms.com website. To this end, they can be downloaded on the computer device used by the User-Customer and can be printed and prevail over any other reproduction medium.
2.1. ARDARY inSIM allows User-Customers to send unlimited SMS / MMS to their Contacts and to receive their answers, from the website www.ardary-sms.com and the API. The sending conditions are detailed in ARTICLE 8 of the present general terms of sale and use.
2.2. ARDARY SMS PRO allows Users-Customers to send and receive SMS / MMS with Attachments. Sending, receiving, and managing SMS / MMS is done through a User Account including an SMS / MMS Box.
2.3. The reception of SMS / MMS is included in the service and does not cost the User-Customer anything extra. For the User-Customer’s Contacts, it is an SMS / MMS without surcharge whose price varies according to the Operator.
2.4. To use ARDARY inSIM services, the User-Customer must have Internet access, register on www.ardary-sms.com, and subscribe to an annual subscription with ARDARY inSIM. High-speed Internet access is strongly recommended. The User-Customer may have to update his Internet browser to use ARDARY inSIM services in the best possible conditions.
2.5. The User-Customer will have to load his list of mobile or fixed contacts to be able to send SMS / MMS. The User-Customer is responsible for entering the mobile or landline numbers of the recipients as well as the text it contains and therefore for any errors or entries made when connecting to his account.
2.6. The subscription to an annual subscription with ARDARY inSIM , entitles the User-Customer, having subscribed to the subscription, to benefit from all the Services and functionalities offered by ARDARY inSIM including, without limitation: unlimited sending and receiving of SMS / MMS according to the conditions detailed in ARTICLE 8, the creation and management of 5 User accounts for each administrator account; the creation and management of contact lists; the import of contacts to the account; Sending and receiving attachments such as photos, videos or links within the technical possibilities of the ARDARY inSIM platform, of the network and the recipients’ terminals; Secure backup of data and messages generated by the User-Customer’s activity as soon as the subscription is activated with ARDARY inSIM , etc.
3.1. REGISTRATION
3.1.1. To benefit from the Services provided by ARDARY inSIM , the User-Customer must first create an administrator account by filling in the registration form. The User-Customer will have to fill in mandatory fields such as name, first name, email, contact phone number, company name, login, and password, and then check the box ” I accept all the conditions ” which indicates that he/she agrees with the general conditions of sale and use of ARDARY inSIM .
3.1.2. The User-Customer agrees to provide true and sincere information and to inform ARDARY inSIM of any change concerning him. ARTERY inSIM cannot be held responsible for any data entry errors and the consequences that may result from them, such as a sending error. The User-Customer must also ensure that the confidentiality of connection identifiers and passwords is respected by his employees and collaborators. In the event of a security failure linked to voluntary communication or misappropriation of logins and passwords, the User-Customer must inform ARDARY inSIM without delay so that the latter can take all appropriate measures to remedy the security failure. Once the account is validated, the User-Customer will have personalized and secured access to his contact book and his message history.
3.1.3. The “double click” associated with the authentication procedure, i.e. when the User-Customer identifies himself by his password, constitutes a valid electronic signature, within the meaning of French law.
3.2. FREE TRIAL
3.2.1. The validation of the registration form is immediately taken into account and gives the registered User-Customer the right to a free trial of the Services provided by ARDARY inSIM .
3.2.2. The free trial of ARDARY inSIM Services consists of the free sending and receiving of SMS / MMS via the ARDARY inSIM Account to five recipients chosen by the registered User-Customer, for 24 hours from the date of validation of the registration.
3.2.3. During the free trial period, ARDARY inSIM cannot be held responsible for any data entry errors and the consequences that may result from them, such as a sending error. The User-Customer must also make sure that the confidentiality of the connection identifiers (login and password) as well as the data exchanged are respected. In case of security failure linked to voluntary communication or misappropriation of login and password, the User-Customer must inform ARDARY inSIM without delay so that the latter can take all appropriate measures to remedy the security failure.
3.2.4. During the free trial period, the User-Customer agrees to respect his responsibilities, detailed in ARTICLE 4 of the present general terms of sale and use.
3.2.5. During the free trial period, ARDARY inSIM commits to respect its responsibilities detailed in ARTICLE 5 of the present general terms of sale and use.
3.3. SUBSCRIPTION
3.3.1. After the free trial period, the User-Customer can voluntarily subscribe to ARDARY inSIM .
3.3.2. The subscription is taken out by the User-Customer for twelve (12) months. If the User-Customer decides to cancel his subscription with ARDARY inSIM, the User-Customer must inform ARDARY inSIM one (1) month before the expiration date of the subscription by sending his cancellation request to the following email address: ” [email protected] “.
3.3.3. The subscription, taken out by the User-Customer with ARDARY inSIM , allows the User-Customer to benefit from all the services described in ARTICLE 2 of the present general conditions of sale and use.
3.3.4. The subscription, taken out by the User-Customer with ARDARY inSIM , follows the financial conditions described in ARTICLE 8 of the present general conditions of sale and use.
3.3.5. During the entire period of the subscription, the User-Customer agrees to respect his responsibilities as detailed in ARTICLE 4 of the present general terms and conditions of sale and use.
3.3.6. During the period when the subscription is effective, ARDARY inSIM commits to respect its responsibilities detailed in ARTICLE 5 of the present general terms and conditions of sale and use.
3.3.7. During the entire period when the subscription is effective, ARDARY inSIM commits to respect its responsibilities detailed in the section ” ARDARY inSIM RESPONSIBILITIES” of the present general terms and conditions of sale and use.
3.3.8. The termination of the subscription, subscribed by the User-Customer with ARDARY inSIM , follows the conditions detailed in the part ” SUSPENSION OR CLOSURE OF THE ACCOUNT ” of the present general conditions of sale and use.
4.1. The User-Customer agrees to use the Services provided by ARDARY inSIM by the present general terms of sale and use.
4.2. The User-Customer is the only one responsible for sending messages to the Recipient’s mobile number and for the content of the messages sent. ARTERY inSIM cannot be held responsible for this.
4.3. The User-Customer agrees to strictly respect all the obligations outlined in the French law n° 78-17 of January 6, 1978, called “Loi Informatique et Libertés” when using the Services. The User-Customer declares and guarantees to ARDARY inSIM that the content that will be broadcasted during its activities :
– does not infringe on any third-party intellectual property rights;
– will not contain elements contrary to public morality or order or in any other way inappropriate, indecent, shocking, or incorrect for a family audience, in particular, but not limited to, the content will not contain obscene, defamatory, abusive, pornographic, violent, racist, xenophobic, revisionist, etc… writings or that infringes on the privacy or rights of anyone;
– is accurate and complete and does not contain errors or false, misleading, or deceptive statements, references, or declarations;
– is not otherwise likely to give rise to liability (including criminal liability) on the part of ARDARY inSIM in any way under the laws of any country in which such SMS / MMS may be accessed;
– in any way that may have a detrimental effect on the goodwill and standing of any of the relevant Service Providers;
– for sending unsolicited messages to the extent expressly permitted by the Service Provider and the Regulatory Requirements.
4.4. User-Customer shall ensure that neither the content issued by ARDARY inSIM Account User-Customers nor the Services provided by ARDARY inSIM Account User-Customers will contain:
– viruses, worms, Trojan horses, or other code that could disrupt, disable, impair, erase memory, or otherwise prevent the operation or functionality of any Service Provider software, firmware, hardware, wireless device, computer system, or network;
– booby traps, time bombs, or other code that would disable any software based on the passage of a period, advancement to a particular date, or other code;
– code that would allow any third party to collide with or surreptitiously gain access to any End User personal listing information or data processed or used by ARDARY inSIM ;
– User-Customer will not attempt to interfere with or disrupt the integrity or performance of ARDARY inSIM Services or the servers or Service Provider networks connected to ARDARY inSIM Services;
4.5. Failure to comply with the conditions outlined in paragraphs 4.3 and 4.4 will result in the removal of the content published by the responsible User-Customer and/or the deactivation of the corresponding account without any prior formality. In addition, the administrator(s) of the corresponding account will incur, in a personal capacity, the specific criminal sanctions for the litigious content (imprisonment and fine), in addition to the possible condemnation to the payment of damages.
4.6. User-Customer agrees to comply with any such request provided that it is reasonably practicable and in such detail, as ARDARY inSIM may reasonably require, provided that (unless otherwise agreed between the Parties as may be provided in the appropriate Addendum) any forecasts given shall not be contractually binding on User-Customer, nor shall they obligate User-Customer to contract with ARDARY inSIM for access to ARDARY inSIM Services to comply with any such forecast.
4.7. User-Client acknowledges that Service Providers have a base of End-Users across all age groups. User-Client shall be responsible for all Customer Services delivered to End-Users and shall take all appropriate steps to ensure that the content of each Customer Service is not inappropriate for the End-User.
4.8. User-Client will ensure that all advertising of each Customer Service complies with applicable advertising standards, the PRCS, and other regulations, policies, or codes.
4.9. Access to the ARDARY inSIM Account is subject to the provision of a login and password, and it is the User-Customer’s responsibility to keep this information secret. Under no circumstances can ARDARY inSIM be held responsible for the loss or disclosure of this information by the account holder, nor for the consequences that may result.
4.10. The User-Customer will reimburse ARDARY inSIM for all costs related to damages caused by incorrect information provided by the User-Customer or by a third party having access to the User-Customer’s account.
4.11. The User-Customer may not hold ARDARY inSIM liable, even criminally, in any way whatsoever under the laws of any country in which these SMS may be consulted.
4.12. The User-Customer is responsible for the management of his blacklist. It must ensure that it does not send any more SMS to numbers for which a request to stop receiving SMS messages has been received.
4.13. The User-Customer expressly acknowledges that ARDARY inSIM is only bound by an obligation of means in the execution of the Service.
4.14. The User-Customer acknowledges that the proper functioning of telecommunications networks does not depend on ARDARY inSIM and that ARDARY inSIM cannot guarantee the delay or the quality of the transmission of SMS/MMS. The User-Customer and ARDARY inSIM acknowledge that, due to the complex nature of the telecommunications networks and the Service, the latter may present undetected or unidentified malfunctions. The present contract is concluded between the parties with full knowledge of the possible existence of such malfunctions.
4.15. Within the framework of a mass sending of SMS / MMS, the User-Customer agrees :
– to send the SMS / MMS between 8:00 am and 8:00 pm, from Monday to Saturday, excluding school vacations and public vacations;
– to provide a clear explanation on how to unsubscribe by answering STOP to the message (in the case of sending in mass or sending SMS Marketing);
– that the SMS / MMS contains an indication of how to contact the end-user support (mail, email, website, or phone number);
– to clearly state the price for using a service if the message promotes a service.
4.16. Any violation of these obligations and conditions placed on the User-Customer will result in the early termination of the Services under the conditions detailed in ARTICLE 6 of these general conditions of sale and use.
5.1. ARDARY inSIM services consist of the provision of SMS / MMS sending and receiving services and its responsibility is limited to the transport of messages. ARDARY inSIM excludes any other guarantee.
5.2. ARDARY inSIM undertakes to implement all necessary means to ensure the proper functioning of its SMS / MMS sending and receiving services, to maintain their continuity and quality. However, this is an obligation of means and in no case an obligation of results.
5.3. ARDARY inSIM reserves the right to change its services, in particular by making new features available, or by modifying or deleting certain features. If these modifications lead to a change in the use of the Services provided by ARDARY inSIM , the User-Customer will have to adapt and use the Services by the new operation. Modifications may affect the Service from time to time and ARDARY inSIM will not be responsible for the consequences.
5.4. ARDARY inSIM reserves the right to modify any time its subscription formula and prices and will not offer any price reduction or refund in case of a price reduction or promotional offer after the subscription date.
5.5. ARDARY inSIM is not legally bound to any general obligation to monitor the content transmitted or stored via the ardary-insim.com website. The only obligations inherent to the quality of the host concern
– the fight against certain content described in parts 4.3 and 4.4 of ARTICLE 4 of these general terms and conditions of sale and use;
– the conservation of the connection data of the User-Customers, otherwise covered by the professional secrecy and treated in the respect of the legal provisions as regards Personal Data;
– the removal of any illicit content, as soon as ARDARY inSIM is aware of it.
5.6. ARDARY inSIM liability under these general terms and conditions of sale and use is limited to direct damages suffered by the User-Customer, and does not cover any loss of sales, results or profits, loss of orders, loss of opportunity or loss of data of the User-Customer, cost of obtaining substitute goods or services or any action taken or claim made against the User-Customer by third parties. ARDARY inSIM will not be liable for any incidental, indirect, or consequential damages resulting from this contract. User-Customer acknowledges that amounts due hereunder are based in part on this limitation.
5.7. The Site ardary-insim.com is in principle accessible 24/24h, 7/7d, except for interruption, programmed or not, for the needs of its maintenance or case of absolute necessity. Being subject to an obligation of means, ARDARY inSIM cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the ardaryinsim.com/website.
5.8. SMS / MMS will be considered as sent to the Recipient’s mobile when they are transmitted to the Mobile Operator directly or via an interface provided by the Operator.ARDARY inSIM does not guarantee delivery from the Mobile Operator. Moreover, each SMS has a validity period of 48 hours from the date it is sent. After these 48 hours, the SMS will be considered undeliverable and no new delivery attempt will be made.
5.9. ARDARY inSIM cannot be held responsible for interruptions or poor execution of the Services and damages related to :
– a case of force majeure or a decision of public authorities;
– an interruption of transmission lines due to public or private operators or a lack of coverage in the geographical area concerned;
– an interruption or breakdown of the ARDARY inSIM servers that are hosted by third parties;
– the functioning of the Internet network and in particular the reliability of transmissions which remains random due to the heterogeneous nature of the infrastructures and networks on which they circulate; consequently, the User-Customer recognizes and accepts that possible breakdowns or saturations or delays in the transmission of messages may occur;
– abnormal or fraudulent use by the User-Customer or third parties requiring the Services to be stopped for security reasons;
– to the non-respect by the User-Customer of the obligations put to him under the law n° 78-17 of January 6, 1978, in the application of article 11;
– misuse of the Services by the User-Customer;
– a change of number imposed by a telephone Operator;
– the nature and content of information, data, information, results, or analyses coming from a third party, transmitted or received through the use of Services by ARDARY inSIM and made available by the User-Customer. Indeed, the User-Customer acknowledges that ARDARY inSIM has no control over the transfer of data via public telecommunication networks used by the User-Customer to access the Services. ARDARY inSIM cannot ensure any verification of the content of data sent via SMS and cannot be held responsible for their possible illegal nature, which the User-Customer expressly recognizes. The User-Customer is therefore solely responsible for the content and integrity of the data that transit through the Services;
– the total or partial destruction of data stored, hosted, and processed by ARDARY inSIM as a result of errors attributable directly or indirectly to the User-Customer.
6.1. Each party – namely the User-Customer and ARDARY inSIM – may terminate the contract by right and without indemnity in case of force majeure under the conditions provided for in Article 13 of the present general terms of sale and use.
6.2. In all other cases, the User-Customer is free to terminate the Contract, subscribed with ARDARY SMS. The User-Customer must inform ARDARY inSIM one (1) month before the expiration date of the subscription, by sending his request for termination to the following email address: ” [email protected] “.
6.3. Failure by the User-Customer to comply with the present terms and conditions will entitle ARDARY inSIM to suspend its services without delay and prior notice and to terminate the contract immediately and by right, without prejudice to the right to any damages that ARDARY inSIM may claim. If ARDARY inSIM terminates the contract under the above conditions, the User-Customer will not be entitled to reimbursement by ARDARY inSIM of sums corresponding to services already provided by ARDARY inSIM, and ARDARY inSIM will not be liable for any compensation to the User-Customer. On the other hand, if the User-Customer’s failure to comply with its obligations causes ARDARY inSIM to suffer prejudice, ARDARY inSIM reserves the right to sue the User-Customer to obtain full compensation for this prejudice and in particular the reimbursement of damages, penalties, expenses, and fees incurred by ARDARY inSIM.
6.4. In case of failure by one of the parties – namely the User-Customer and ARDARY inSIM – to fulfill one or the other of its obligations under the contract that has not been remedied within seven (7) days from either a registered letter with acknowledgment of receipt sent by the complaining party notifying the failures in question, or any other form of authentic notification sent by the said party, the contract will be terminated by right, without prejudice to any possible damages that could be claimed from the defaulting party.
6.5. The Service is restricted, limited, suspended, or terminated by operation of law if payment is not effective.
6.6. In any case, the measures of restriction, limitation, or suspension are exercised according to the seriousness and recurrence of the default(s). They are determined according to the nature of the breach or breaches observed.
6.7. The User-Customer agrees in advance that ARDARY inSIM may restrict, limit or suspend the Services if ARDARY inSIM receives notice to that effect from a competent administrative, arbitral, or judicial authority, by the appropriate applicable laws.
6.8. Any notice from the User-Customer under this section shall be sent to ARDARY inSIM by Registered Letter with Notice of Receipt (LRAR).
6.9. ARDARY inSIM reserves the right to immediately suspend the Services to comply with any court or administrative decision or to comply with the law or to avoid any potential damage to the network.
7.1. The User-Customer has, by the provisions of article L.121-21-5 of the French Consumer Code, the possibility of exercising his right of withdrawal, without having to justify his reasons or pay penalties, within fourteen (14) days from the date of subscription, by sending a message to the ARDARY inSIM Customer Service at the address “[email protected]”.
7.2. However, if the User-Customer uses the Service before the expiration of the aforementioned period, he expressly acknowledges and accepts that he may no longer exercise his right of withdrawal, by the provisions of article L121-21-8 of the Consumer Code.
8.1. Once the 24h free trial period is over, the Services provided by ARDARY inSIM become paying. The User-Customer must take out an annual subscription with ARDARY inSIM to benefit from :
– secure and fast access to his User-Customer account ;
– unlimited sending of SMS / MMS according to the conditions described on the Site ardary-insim.com;
– access to support by email and by phone during the opening hours of 2WS TECHNOLOGIES – RCS LILLE: 830 486 866.
8.2. Any annual payment of the subscription subscribed with ARDARY inSIM gives the User-Customer the right to benefit from a discount equivalent to one monthly subscription fee (one month free for any annual payment).
8.3. The payment of the subscription fees is monthly. Any delay in payment will result in a penalty equal to three (3) times the interest rate in effect on the date of issuance of the invoice. These penalties will only be due the day after the payment date shown on the invoice.
8.4. The prices of the Services are indicated on the Site www.ardary-sms.com in €uros excluding taxes (H.T). All orders, regardless of their origin, are payable in €uros.
8.5. The various prices are set forth on the Site www.ardary-sms.com. The company ” 2WS TECHNOLOGIES – RCS LILLE: 830 486 866 ” reserves the right to modify the prices in force. It will inform the User-Customer via the www.ardary-sms.com Site.
8.6. A detailed invoice is established monthly and sent by e-mail to the User-Customer responsible for the Account. It is specified that the Services will be invoiced to the User-Customer responsible for the Account based on the rates and prices in force at the time of the activation of the subscription subscribed with ARDARY inSIM.
8.7. ARDARY inSIM offers the User-Customer the possibility to pay by credit card. Payment by credit card is made on the site www.ardary-sms.com by Paypal, by credit card (cards from the Carte Bleue, Visa, Eurocard / Mastercard, and American Express networks are accepted) through a secure payment system. Any transmission of information related to payment and in particular the transmission of a credit card number and its date of validity takes place in a secure context using the protocols in force on the Internet, on the server of the ARDARY inSIM service provider. Any order with payment by credit card is only considered effective when the payment centers concerned have given their agreement.
8.8. Any order with payment by credit card is only considered effective when the payment centers concerned have given their agreement.
8.9. In case of irregular, incomplete or non-existent payment, for any reason whatsoever, ARDARY inSIM reserves the right to interrupt the delivery of its Services as indicated in Article 6 of the present General Sales and Use Conditions.
9.1. From the date of commencement of the subscription, the User-Customer will have personalized and secure access to his list of contacts and the history of messages sent and received, for the duration of the subscription. This access will be via the Internet using a personalized connection with a login and password chosen by the User-Customer.
9.2. The communication of Personal Data is carried out in compliance with the obligations and rights of the law n° 78-17 of January 6, 1978, modified by the law n° 2004-801 of August 6, 2004. By the provisions of this law, the User-Customer has the right to access, modify, rectify and delete personal data concerning him/her. The User-Customer may exercise this right directly by writing to ARDARY inSIM at the following address: ” [email protected] “.
9.3. The User-Customer is solely responsible for the Data he/she communicates through the ARDARY inSIM platform and declares that the Data provided are perfectly filled in and accurate.
9.4. For the duration of the use of the Services and for all purposes of proof, Data concerning the User-Customer and the use of the Services are kept and archived confidentially by ARDARY inSIM, by legal provisions.
9.5. By Article 34 of the modified French law on data processing and freedom, 2WS TECHNOLOGIES – RCS LILLE: 830 486 866 undertakes to take all necessary precautions to preserve the security of the Content and in particular to prevent it from being distorted, damaged or communicated to unauthorized persons. The company 2WS TECHNOLOGIES – RCS LILLE: 830 486 866, therefore, undertakes to respect and ensure that its staff respects the following obligations:
– not to make any copy of any kind of Content transmitted by the User-Customer when using the Services provided by ARDARY inSIM;
– not to use the Contents for purposes other than those specified in the present general terms and conditions of sale and use and otherwise than by the instructions of the User-Customer;
– not to disclose the Contents to a third party other than the mobile telephone operators involved in the realization of the Service (this disclosure intervening only for routing of the SMS);
– take all measures to avoid any misuse or fraudulent use of the Content;
– to take all security measures, in particular material measures to ensure the conservation and integrity of the Contents treated during the duration of the subscription.
9.6. ARDARY inSIM may be required to communicate information concerning the User-Customer in the context of legal requests.
9.7. 2WS TECHNOLOGIES – RCS LILLE: 830 486 866 undertakes to process the Content only in the European Union and in the Member States of the European Economic Area and not to proceed with any international transfer of data without the prior agreement of the User-Customer.
9.8. The User-Customer is aware that the data he sends to ARDARY inSIM will be archived, read, and verified. The texts of messages may be submitted to human validation within the framework of the respect of the rules of deontology described in the present general conditions of sale and use. To improve the quality of the Services, and to manage the after-sales service, the information concerning the sending of SMS messages may be archived (text, telephone numbers, sending dates, connection dates, etc.).
9.9. To use ARDARY inSIM Services, the User-Customer must provide a valid email address and a valid cell phone number. These data will be used to send monitoring messages, alerts, order confirmations, etc. Concerning ARDARY inSIM’s commercial offers (SMS / MMS Marketing) and for mass mailing, the End User can unsubscribe from the mailing lists in order not to receive these offers anymore.
9.10. The User-Customer shall refrain from sending any unsolicited SMS / MMS by a Recipient. In any case, the User-Customer will guarantee ARDARY inSIM against and indemnify it for any claim resulting from such sending of unsolicited messages to an End User.
9.11. The STOP SMS is a tool that allows recipients of SMS messages sent by the User-Customer to unsubscribe from the mailing list. Its use is compulsory for any prospecting, commercial or promotional campaign by Article L121-20-5 of the French Consumer Code. ARDARY inSIM reserves the right to suspend any Account that does not respect the use of the mailing list, without notice or compensation.
9.12. ARDARY inSIM is committed to respecting a very strict discipline towards SMS Spam. By accepting these general terms and conditions of sale and use, the User-Customer also agrees to respect the ARDARY inSIM Anti-Spam Charter.
9.13. The User-Customer’s data will be kept by ARDARY SMS PRO for a maximum of twenty-four (24) months from the date of his last connection to its interface. In addition, in case of early termination of the Services by the User-Customer, his data will be immediately deleted by ARDARY inSIM. ARDARY inSIM also agrees to return all or part of the data stored by the User-Customer by the material and pricing conditions in effect at the time of the request. This restitution will be done by email on an FTP file within fifteen (15) working days upon receipt of an order form from the User-Customer, excluding shipping delays.
10.1. All the elements of the ardary-insim.com Website are and remain the exclusive intellectual property of 2WS TECHNOLOGIES – RCS LILLE: 830 486 866.
10.2. The contents proposed by 2WS TECHNOLOGIES – RCS LILLE: 830 486 866 for the sending of contents and more generally all data disseminated on the www.ardary-sms.com Website are works protected by the legislation concerning intellectual property and are the property of 2WS TECHNOLOGIES – RCS LILLE: 830 486 866 or of their beneficiaries These contents may not be used for any other purpose than those defined above.
11.1. All UTF-8 characters are supported by the ARDARY inSIM platform.
11.2 Some special characters can be replaced when sending the message (example: €, ê, â, î, ô, …). Depending on the type of SMS, some characters can be transformed in the reception of the SMS / MMS, in particular the accented characters or other particular characters. Thus, the original characters ” À Á Â Ã È Ê Ë Ì Í Î Ï Ð Ò Ó Ô Õ Ù Ú Û Ý Ÿ á â ã ê ë í î ï ð ó ô õ ú û µ ý ÿ ç Þ ° ¨ ^ ” ” | ‘ ” … ‘ ‘ ” – – ‘ ‘ ” will automatically be replaced by the following characters ” A A A A E E E I I I I D O O O U U U Y a a a e e i i i o o o o u u u y c y o – – ” ” I / , , . ‘ ‘ ” ” . – – ‘ ‘ “. The characters allowed for a batch size of 160 are: ” 0 1 2 3 4 5 6 7 8 9 a A b B c C d D e E f F g G h H i I j J k K l L m M n N o O p P q Q r R s S t T u U v V w W x X y Y z Z à À á Á â Â ã Ã ä Ä å Å æ Æ ç Ç è È ê Ê ë Ë é É ì Ì í Í î Î ï Ï ð Ð ñ Ñ ò Ò ó Ó ô Ô õ Õ ö Ö ø Ø ù ú Ú û ü Ü ÿ Ÿ Ý Þ ß { } ~ ¤ ¡ ¿ ! ? ” # $ % & ‘ ^ * + – _ , . / : ; < = > § @ ( ) [ ] Γ Δ Θ Λ Ξ Π Σ Φ Ψ Ω € £ ¥ “. It is therefore highly recommended to perform a unit test on one’s phone to validate the correct design of the SMS / MMS.
The User-Customer expressly authorizes ARDARY inSIM to mention its name and/or brand and its logo for commercial referencing purposes to promote its activities, excluding any other use.
13.1. Events of an irresistible and unforeseeable nature, beyond the control of the parties, against which they could not reasonably guard, and the consequences of which they could only have mitigated by incurring expenses out of proportion to the expected financial benefits, shall be considered as force majeure.
13.2. The events recognized and described by jurisprudence as “Force Majeure” are, without limitation: strikes, wars, import or export embargoes, accidents, fires, blockades, or natural disasters, disruptions, cuts and anomalies affecting transmissions through telecommunications networks, delays, suspensions or interruptions of service by mobile telephone operators, orders from the Telecommunications Regulatory Authority imposing the total or partial suspension of public GSM radio telephony, power cuts or any other technical difficulty or malfunction of the Internet network.
13.3. The parties, namely the User-Customer and ARDARY inSIM, agree that cases of force majeure justify the suspension of the parties’ obligations. Consequently, neither of the parties can be held responsible for the non-execution, the failures, or the delays in the execution of any of its obligations due to the occurrence of a case of force majeure. Force majeure suspends the obligations arising from the contract for the duration of its existence.
13.4. If the force majeure continues for more than three (3) months, the contract may be terminated by either party, i.e. the User-Customer and ARDARY inSIM, without this termination being considered as faulty.
Any modification of a clause in the general conditions of sale and use is binding on the User-Customer. The User-Customer will be informed by email and will have 7 days to inform ARDARY inSIM if he does not accept the modifications. Failing that, they will be considered accepted.
15.1. The present general conditions of sale and use are subject to French law.
15.2. The parties, i.e. the User-Customer and 2WS TECHNOLOGIES – RCS LILLE: 830 486 866, shall not be held responsible, or considered to have failed to comply with these terms and conditions, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts.
15.3. These general terms and conditions of sale and use represent the entire agreement between the parties, namely between the User-Customer and 2WS TECHNOLOGIES – RCS LILLE: 830 486 866, and replace all previous agreements or statements, oral or written, relating to their subject matter.
15.4. For all disputes relating to the execution or interpretation of these Terms and Conditions, their consequences and consequences, the parties – i.e. the User-Customer and 2WS TECHNOLOGIES – RCS LILLE: 830 486 866 – shall seek an amicable agreement before any litigation and shall communicate to each other for this purpose all necessary information.
15.5. If one or more stipulations of the present conditions are null and void or declared as such in the application of a law, a regulation or following a final decision of competent jurisdiction, the other stipulations will keep all their force and their scope
15.6. In the absence of conciliation, the dispute shall be brought before the French Courts to which the Parties – namely the User-Customer and 2WS TECHNOLOGIES – RCS LILLE: 830 486 866 – expressly assign jurisdiction, including in the event of summary proceedings and multiple defendants, in the event of a warranty claim, and for emergency proceedings, protective proceedings, summary proceedings or by petition.
15.7. Any claim or dispute must be sent by e-mail to the following address: “[email protected] “. If a claim concerning the failure or defect of delivery of content paid for by the User-Customer proves to be founded about the connection traces and systems recorded by 2WS TECHNOLOGIES – RCS LILLE: 830 486 866 and due to a failure of the means for which 2WS TECHNOLOGIES – RCS LILLE: 830 486 866 assumes responsibility, the latter undertakes to proceed with the reshipment of the content at its own expense. This repair is the only one to which a User-Customer can claim, excluding any request for damages.
All your customer relation in your everyday management tool thanks to inSim ardary
2WS TECHNOLOGIES is a French start-up dedicated to new means of communication and customer relation technologies.
SMS channels remain the best form of communication for everyone. With this in mind, our young and dynamic team has designed Ardary inSIM: the newest and most complete SMSing solution in the world.
