General terms and conditions of sale
Contract Structure: Contract Documents
The present contract is concluded between the parties:
ICOSNET SPA, a company registered in Algeria with a capital of 327.362. 500,00 DZD, whose head office is located at ” Centre des Affaires El Qods, 6ème niveau de la Tour Centrale, 10ème étage, Cheraga Alger -Algérie “, registered in the Trade and Companies Register of Algiers under the number 99B0006673 16/00, under the tax identification number 099916000667312, represented by Mr Ali MORSLI, acting in the capacity of General Manager on the one hand, hereinafter referred to as : “The -E-supplier
Any natural person, legal entity or individual who acquires one or more services provided by the E-provider by way of electronic communications, on the other hand, hereinafter referred to as: “The E-consumer”;
This Agreement consists of the clauses in this document and its Annexes
The Order(s) specifying the Service(s) ordered and the payment terms;
The Special Conditions of the Service(s) (Electronic Commercial Offer).
The Parties expressly acknowledge that all the elements that make up this Agreement are of the same rank, in case of discrepancy between the provisions of the Order, SPC and GTC the following order shall prevail
Any future updates or additions to this Agreement, signed by both Parties, shall form an integral part hereof. The obligations arising from such updates or additions shall be due and payable from the date of signature, unless another effective date is expressly established.
The declaration of invalidity of any of the Clauses of this Contract by the Competent Authority shall not affect the validity of the remaining clauses. In this case, the Parties to the Contract undertake to negotiate a new Clause to replace the cancelled one, the spirit of which shall be as identical as possible to that of the cancelled Clause.
Each of the terms and expressions below shall have the meaning ascribed to it below:
“Order Form” means the document made available by the E-provider and validated by the E-consumer upon subscription to a Service and accepted by the E-provider.
“Order“: the act by which the E-consumer agrees to purchase services online on the E-provider’s site.
“The E-consumer“: The E-consumer of the E-provider on the Internet.
The E-consumer refers to any natural person, legal entity, or individual who has made an online purchase and has signed a contract with a card-issuing bank, leading to the allocation of an interbank payment and withdrawal card (CIB). In the context of online payment, the cardholder is a buyer who uses his card to pay for a good or a service on the Internet or will be asked to pay for the order on delivery by the means of payment authorized in accordance with the legislation in force.
“The E-provider“: means the company ICOSNET SPA which is responsible under this Contract for providing the Service(s) to the E-consumer on the Internet. The E-provider benefits from the secure Internet payment service.
“Online Contract” means the General Terms and Conditions of Sale and the Specific Conditions of the Service(s), including its Annexes, concluded at a distance without the simultaneous physical presence of the parties through the exclusive use of an electronic communication technique. The Online Contract concerns services concluded between the E-provider and the E-consumer within the framework of the online sales system or service provision.
“Payment Receipt” means the electronic document that justifies the payment of the services ordered.
“Delivery Date” means the date on which the E-consumer receives his order from the E-provider.
“Identifier“: Any confidential code, password, or user name allowing the E-consumer to identify himself and connect to the E-provider’s Services.
“Shopping Cart“: Refers to the virtual space found on an E-provider site. It contains all the products selected by the E-consumer before completing and validating his purchases. It is a sort of “virtual shopping cart” in which the E-consumer adds all the products before making the final validation of his order.
“Equipment” means any equipment provided to the E-consumer by the E-supplier as part of a Service. This includes hardware, software, software packages and settings, configurations or documentation.
“Force Majeure” means any cause beyond the control of either Party affecting the performance by either Party of its contractual obligations, including, without limitation, acts of God, lightning, floods, climatic disorders, acts of terrorism, fires, explosions, land subsidence, wars, pandemics, insurrections or civil disturbances, strikes or labor disputes of any kind, actions or decisions of governmental, local or national authorities, or compliance therewith, imposition of sanctions or other trade restrictions.
“Internet” means the global computer network consisting of a collection of national, regional and private networks, which are linked by an IP communication protocol and which cooperate to provide a single interface to their users.
“IP (Internet Protocol)” An Internet protocol that enables communication in a heterogeneous environment.
“Business Day” means any day other than a Friday and Saturday, or a national vacation.
“Month” means a calendar month.
“Network” means the entire telecommunications network of the Merchant Web.
“Service” means the service(s) as described in the relevant SPC.
“Site“: means the premises(s) of the E-Consumer whose address appears on the Order Form.
“E-provider’s Website“: means the E-provider’s Internet site displaying the services and products enabling The E-consumer to order online.
Article 1 – Purpose
The purpose of this Contract is to define the conditions under which the E-provider makes available to the E-consumer a Service described in this Contract and in each corresponding Appendix.
Article 2 – Provision of the Service
The Service to be provided by ICOSNET is the one described in the CPS attached to this Contract.
These SPCs relating to the Service shall, where applicable, refer to this Agreement and shall be considered as an integral part of this Agreement as soon as it is added to the Agreement by the duly authorized representatives of each of the Parties.
Notwithstanding anything to the contrary, the notice periods described or required under this Agreement or any Schedule shall be deemed to commence on the date the notice is received by the recipient thereof.
2.1 Placing an Order
– When placing an order for the first time, the E-consumer must create an E-consumer account by entering his contact details and the necessary information (name, address, telephone number, e-mail address, etc.), which must be accurate and up-to-date,
After selecting the product, it is added to the cart by a simple click by the E-consumer.
The E-consumer may at any time modify his basket and may return to the catalog by clicking on
“Continue shopping” before validation.
During the validation of his order he selects the type of card, the number of the payment card, the expiration date and the CVV2.
When the choice of products or services is completed, the order is validated by clicking on the “pay” button.
– The E-consumer will have to authenticate himself through an authentication interface.
The selling price of the product or service is the one in force at the time of the registration of the order excluding
Any other costs that may be charged to the E-consumer and indicated at the time of order registration.
The selling price of a product or service may be modified at any time.
The prices mentioned on the catalog are indicated in Algerian dinars in TTC “All Taxes Included” and in HT “Excluding Taxes”.
They are valid at the time of their consultation by the E-consumer and are those in force at the time of the order.
The order and transactions are made in DZD.
If the delivery of certain equipment is not ensured by the E-supplier, the E-consumer will collect his equipment from the delivery address indicated on his Order Form.
The delivery times for the services are mentioned in the appendix to this contract.
Purchase Orders must include an address for delivery/pickup of the equipment.
The E-provider refuses transactions with a foreign delivery address according to article 7.3.7 of the “AGB” agreement
The products are delivered to the address indicated by the E-provider on the order form. The E-consumer is required to check the packaging of the equipment upon delivery and to report any damage to the carrier on the delivery slip and to the E-supplier within 24 hours.
The E-consumer can, at his request, obtain the sending of an invoice by e-mail but also the sending of a paper invoice to the delivery address by validating the option provided for this purpose on the order form.
In case of error or omission in the delivery address given by the E-consumer preventing its delivery and in case of absence of the recipient at the time of delivery The E-supplier can not be held responsible for the final quality of delivery.
2.4 Modifying, validating an order
An order can be modified or corrected at any time before the confirmation of the order. By the E-consumer.
The order of a product or service goes through three compulsory stages:
– the provision of the E-consumer with the contractual conditions so that he/she is in a position to contract with full knowledge of the facts;
– the verification of the details of the order by the E-consumer, in particular the products or services ordered, their total and unit prices, and the quantities ordered, with a view to modifying the order, cancelling it or correcting any errors;
– the confirmation of the order which leads to the formation of the contract.
Article 3 – Duration of the Contract
This Contract is concluded for an initial period of commitment, this period is at least one (1) year after the entry into force of this Contract unless otherwise mentioned in the CPS or the Service Order Form. The E-consumer acknowledges that he/she shall immediately pay the remaining Subscription fees until the expiration of the initial period in case of termination of this Agreement before the end of this period. This Agreement is effective upon validation and acceptance by the E-consumer and shall remain in effect until the expiration or termination of the last Service provided under this Agreement. However, after the initial period, this Agreement shall be for an indefinite period unless terminated by either Party by registered letter with acknowledgment of receipt (AR) sent by one Party to the other with thirty (30) days’ notice. All sums due on such date shall be payable by either Party. The rights to terminate this Agreement by this section are without prejudice to any other rights or remedies available to each Party in respect of the relevant breach or other violation.
Article 4 – Suspension/ Termination
Without prejudice to any other right of termination conferred by this Agreement, the E-Supplier may immediately terminate the Agreement by operation of law, without liability or compensation of any kind to the E-consumer, in the following cases
If the E-Consumer defaults on any of its material obligations under this Agreement, and such default has not been cured within thirty (30) days after written notice;
If any payment has not been made by The E-consumer by the “due date” stated in the SPC “fifteen (15) calendar days” after the date of receipt of the invoice;
To the extent permitted by law, in the event of the E-consumer’s cessation of payments, filing for bankruptcy or commencement of voluntary or involuntary bankruptcy proceedings under insolvency laws, arrangement with creditors, corporate reorganization, judicial liquidation or dissolution of either Party (the execution of one or more financing agreements with third parties not constituting grounds for exercising the above rights);
Upon order of a competent administrative, judicial or regulatory authority.
The E-provider may, without liability and without any compensation due to the E-consumer, suspend the provision of one or more Services in the cases referred to in Article 4.1.
If the use of the Service by The E-consumer or any person having access to the E-consumer’s Service is unlawful or potentially unlawful, damages or risks damaging said Service or the Network, The E-provider shall notify The E-consumer of the details of such unlawful or damaging use and request The E-consumer to remedy the situation immediately. If the E-consumer does not immediately remedy the situation, the E-provider may suspend the supply of the Service until the E-consumer has provided proof that the cause of the illegal or harmful use has been remedied. In the event that the E-consumer fails to do so within thirty (30) days of the suspension or disconnection, the E-provider may terminate the Service without notice.
4.3 The E-consumer reserves the right to terminate this Agreement at any time upon thirty (30) calendar days prior written notice to the E-provider with acknowledgment of receipt. Any amount owed by the E-consumer for the Service provided under this Agreement shall be paid upon termination of such Service. If the E-consumer terminates this Agreement prior to the end of the initial term set forth in Section 3, the remaining subscription fees shall become immediately due and payable. This clause applies in the event of a request for termination by the E-consumer with or without cause; or in the event of termination by the E-provider in the cases provided for in articles 4.1, 4.2.
Article 5 – Assignment – Transfer – Subcontracting
The E-consumer may not assign or transfer its rights and obligations under this Agreement without the prior written consent of the E-supplier, it being understood that such consent may not be unreasonably withheld.
Any assignment made by the E-Consumer without complying with the provisions of this Agreement shall be null and void.
The E-provider may subcontract in whole or in part the performance of the Service provided under the Agreement to one or more suitable subcontractors, provided that this does not prejudice the E-provider. Such subcontracting shall not relieve the E-provider of any liability to the E-consumer for the performance of its obligations hereunder.
Article 6 – Limitation of liability
Given the high level of technology used in the implementation of the Contract, the E-provider will ensure the provision of the Service within the limits set by the technical resources available.
The E-provider shall not be liable to the E-consumer for any consequential damages, including but not limited to loss of profits, turnover, opportunity, data or other financial loss, revenue or expected savings, for whatever cause and regardless of the form of action, whether under the Agreement, indemnity, warranty, strict liability or civil liability, arising out of the performance or non-performance of this Agreement, misrepresentation or the provision of a service
Notwithstanding any other provision of this Agreement, The E-provider shall not be liable to The E-consumer, if any change in its facilities, operations, procedures or Service:
(i) renders any equipment or facility of the E-consumer obsolete in connection with its use of the Service;
(ii) requires modification, change or relocation of such equipment or facility;
(iii) otherwise affects the performance of such equipment or facility.
E-provider shall not be liable for any loss or damage to data, information or other content transmitted during the term of the Agreement. Likewise, the E-provider shall not be held responsible for any damage or interruption of the Service provided hereunder due to the actions of the E-consumer, third parties or in the event of Force Majeure.
The E-consumer is solely responsible for the content of the information and communications of any nature whatsoever, carried on its network, as well as the use and publication of communications or information transiting on its network. The E-provider does not initiate the transmission of information, does not choose the recipients of said information, does not choose or modify the information contained in the E-consumer acknowledges that the E-provider acts
The E-Consumer acknowledges that the E-provider acts only as an intermediary for the transmission of information from the E-consumer and third parties, and that the E-provider does not verify, select or modify any of this information, except as required by law.
Article 7 – Force majeure
In the event that the E-provider is unable to perform any of its contractual obligations due to a Force Majeure event, either Party may terminate this Agreement without compensation by sending written notice by registered mail with return receipt. The Parties shall not be liable for any loss, damage, delay, non-performance or partial performance resulting directly or indirectly from a cause making the performance of its obligations impossible and which may be construed as an event of Force Majeure. The Parties agree that an event of Force Majeure shall include the following events: inclement weather, acts of a public enemy, acts or omissions of a public authority, including changes in any regulations applicable to the performance of the General Terms and Conditions of Sale and rendering the performance thereof impossible or unreasonably onerous, unrest, rebellion, insurrection, riot, war, whether declared or undeclared, acts of a similar nature, strikes, labor disputes or other industrial action, including at the premises of either Party, an E-provider or an operator, sabotage, theft, acts of vandalism, explosions, fires, lightning, floods and other natural disasters, failure of an operator or E-provider, epidemics or quarantine, embargoes, acts of third parties, loss by the E-provider of any of its various authorizations conditioning the provision of the Service, termination of Service by the E-provider’s The obligations of the Party suffering from the Force Majeure event shall be suspended without it incurring any liability whatsoever. In particular, the time required for the performance of the obligations of the Party affected by the Force Majeure event shall be extended for a period equivalent to the delay suffered. Each Party undertakes to promptly notify the other in writing of the occurrence of any Force Majeure. The Parties shall use their best efforts to mitigate the effects of Force Majeure.
Article 8 – Liability and Commitments of the Parties
Each of the Parties to the Contract shall be liable to the other for direct damage and harm caused both by action or omission and which would imply a breach of the obligations established in this Contract and its annexes. There shall be no liability on the part of the parties to the Contract if the damage and harm were caused by chance or by force majeure. In this case, the affected party shall inform the other of the occurrence of such circumstances, their estimated duration and the time of their cessation. Each of the Parties shall hold the other party harmless from any judicial or extrajudicial liability when the causes are actions or omissions on its part, on the part of its employees, agents, the personnel of other subcontracted companies or its E-consumers. In this case, each Party shall protect the other against all indemnification obligations to third parties arising as a consequence of the aforementioned judicial or extrajudicial claim. Each Party shall be responsible for obtaining and maintaining any approvals, authorizations, regulatory and/or government telecommunications licenses, and other licenses, exemptions, registrations or other permissions or authorizations that may be required by each Party in order to perform its respective obligations under this Agreement. Each Party shall immediately notify the other in writing of any termination, suspension or revocation of any such approvals, authorizations, licenses, waivers, registrations or other permissions necessary for the performance of such Party’s obligations under this Agreement. Each Party agrees to comply with all applicable laws and regulations in the performance of the Sales Agreement by it and agrees to perform its duties in accordance with the normal rules of practice in the profession.
8.2 E-provider’s commitments:
In accordance with the provisions of this Agreement, the E-provider undertakes to the E-consumer to provide the Service with the competence and care necessary to comply with the applicable national and international standards.
Quality of service: The E-provider undertakes to provide the Service that is the subject of this Contract in accordance with the quality parameters that may be required at any time by the regulations in force. However, the E-provider will not be held responsible for any failure of the Service caused by a situation of Force Majeure or any other cause not attributable to it.
Availability of the Service: The Services displayed on the E-provider’s site are always available and accessible at all times subject to disruptions caused in particular by acts of God or force majeure, by events beyond the control of the E-provider, by maintenance, reinforcement, redevelopment and/or extension of the network facilities.
The E-consumer must report any unavailability of the Service to the E-supplier’s E-consumer service.
8.1 E-consumer Service (Assistance, Complaints)
The address of the E-Consumer Service of the Supplier is as follows Center des Affaires El-Qods, 6th floor of the Central Tower, 10th level, Chéraga, Algiers, Algeria.
The E-provider provides the E-consumer with:
A telephone reception service from (08h30 to 17h00) and five (5) days a week (7) (working days) at 0982 400 300 and via email: firstname.lastname@example.org
– A technical support Hotline available 24/7 at 0982 400 303 and via email: email@example.com
8.3 Commitments of the E-consumer :
The E-consumer commits to the E-provider to:
Not use the Service for any purpose other than telecommunications and related services ;
Assume responsibility for actions in the event of the use of subcontractors;
Have all required administrative authorizations and pay all sums, taxes and other fees related to the use of the Services;
To actively cooperate with the E-provider, to provide it with the information and documents necessary for the implementation of the Service and to provide reasonable assistance in its operation;
To comply with the procedures and instructions issued by the e-provider;
Use the Service only for lawful purposes. The transmission of content in violation of Algerian law is prohibited, including, without limitation, any content protected by copyright or trade secret and any threatening or obscene content. The E-consumer agrees to indemnify and hold harmless The E-provider from and against any and all claims, costs, fines, penalties, damages, fees and other charges resulting from the E-consumer’s use of the Service;
Not to cause any loss or damage whatsoever to E-provider, any employee or its property, in connection with its business activities and use of Service;
To pay the invoices for the Service(s) in the manner specified in the Service(s) SPC;
To make available at its Sites sufficient and suitable locations to receive the Equipment of The E-provider necessary for the provision of the Service
In the event that the E-consumer fails to meet any of these obligations, the E-provider may interrupt the Service without notice. No intervention may be carried out on the E-consumer’s Sites without the presence of the E-consumer or his representative, unless expressly authorized by the E-consumer. The E-consumer is required to inform the E-supplier, or the persons appointed by it, of the existence and location of pipes of any kind and of any other risk factor that may arise on the Sites where the Equipment is installed. In the event that the E-provider notes any impediment to access to the E-consumer’s Sites, its obligations under this Agreement shall be suspended for the duration of the impediment.
Article 9 – Equipment
9.1. Ownership and use of the Equipment
When the provision of a Service requires the provision and installation of Equipment by the E-provider. The E-consumer undertakes to take care of the Equipment located on his Sites and to keep it in accordance with the instructions communicated by E-provider. The risks of damage or destruction of the Equipment located on the E-consumer’s Sites are transferred to the E-consumer from the date of delivery of the Equipment recorded in the Commissioning Report. The E-consumer undertakes to use the Equipment in accordance with the instructions given by the E-supplier and not to modify or move the Equipment or create interference with it. The Equipment made available to the E-consumer remains the sole property of the E-provider. It is the E-consumer’s responsibility to maintain the indications of ownership that may be affixed to them. Consequently, the E-consumer shall refrain from carrying out any act of disposal or allowing any act whatsoever contrary to the E-supplier’s right of ownership. In the event of seizure or any other claim by a third party to rights over the Equipment, the E-consumer is obliged to object and to notify the E-supplier immediately in order to enable him to safeguard his rights. The E-consumer shall bear the risk of the Equipment installed by the E-supplier as custodian from the date of delivery until the date of return. No charge shall be due by the E-provider for the occupation of the E-consumer’s Sites by the Equipment and telecommunications materials or for their electrical consumption. In the event that the Services offered contain programs or software, the E-provider shall authorize the E-consumer, for the duration of the Service Agreement, to use such programs or software for the sole purpose of enabling the E-consumer to use such services.
9.2 Modification of the Equipment
The E-provider reserves the right at any time to modify or replace the Equipment provided, in order to improve the provision of the Service or if the operating conditions of the Service so require. The E-consumer shall be notified of such modifications or replacements within a reasonable time. All costs relating to such changes shall be borne by the E-provider.
9.3. Return of the Equipment
In the event of termination of this Agreement under the conditions set forth in Article 4, the E-consumer agrees to return the Equipment owned by the E-provider at the latter’s request. In this respect, the E-consumer authorizes the E-supplier to enter its Sites within a period of time determined by both parties, to recover the Equipment, in its presence or that of one of its representatives that it shall designate accordingly. The E-supplier shall not be responsible for the costs of restoring the Sites to their original condition that may result from the removal of the Equipment under normal conditions. In the event of refusal by the E-consumer or of difficulties in accessing the Sites, or of destruction or loss of the Equipment by the E-consumer or a third party, the amount of the damage noted shall be invoiced to the E-consumer at its Net Book Value.
Article 10 – Confidentiality
All Confidential Information disclosed by one Party (“Disclosing Party”) to the other Party (“Beneficiary Party”) during the preparation, negotiation or performance of this Contract shall be deemed the exclusive and confidential property of the Disclosing Party and shall not be used by the Beneficiary Party.
“) during the preparation, negotiation or performance of this Contract, shall be deemed the exclusive and confidential property of the Disclosing Party, and shall be used by the Recipient Party only in accordance with this Contract and solely for the purposes of its performance.
Neither Party may make any public communication concerning this Agreement without first obtaining the approval of the other Party, which approval shall not be withheld indefinitely or without prior notice. However, each Party may disclose the existence of this Agreement but in no case its contents, as it constitutes Confidential Information.
The provisions of this Section 10 shall survive for three (3) years after the termination or expiration of this Agreement.
The Parties are prohibited from disclosing to any person, directly or indirectly, any or all of the Confidential Information provided to them by the other Party in connection with this Agreement, except with the prior written consent of the other Party. In addition, the Parties undertake to ensure that their employees, whether permanent or temporary, comply with this obligation and assume responsibility for it. Confidential Information for the purposes of this Clause shall mean all techniques or procedures used and information relating to business policy, as well as any information that has been designated as confidential.
The term “Confidential Information” shall not include any information that (i) has already entered or subsequently enters the public domain, other than by direct or indirect disclosure by either Party, in breach of any known obligation of confidentiality; (ii) is already in the possession of the Party receiving such information, free of any known obligation of confidentiality to a third party; or (iii) is independently developed by the Party receiving such information.
E-consumer authorizes E-provider to disclose its identity as an E-consumer and to cite it as a professional reference, unless expressly requested by E-consumer. The E-supplier undertakes to ensure that this communication, both internal and external, of the E-consumer’s name and identity for strictly professional purposes, is carried out in accordance with the commercial practices in use in the sector of activity. The information requested from the E-consumer is necessary for the processing of the order and is treated as confidential.
The E-consumer has the right to rectify any data concerning him/her.
The E-consumer may receive advertisements from the E-supplier unless the E-consumer has stipulated that he/she does not want his/her personal data to be used for commercial and advertising purposes.
Article 11 – Applicable Law/Dispute Resolution
This Agreement shall be governed by and construed in accordance with Algerian law.
Any dispute arising out of the performance or interpretation of this Agreement shall, in the absence of an amicable settlement within thirty (30) days of notification of the dispute by either Party (or such other period as may be agreed between the Parties), be submitted to the Court of Cheraga (Algiers, Algeria) for settlement.
Article 12 – Rates
The rates of each Service provided by the E-provider and their various terms of application are the subject of a Tariff Schedule established by the E-provider and published on the E-provider website. The E-provider may propose to the E-consumer a modification of its rates, upon prior written notification sent at least fifteen (15) days in advance. In the event that there is no contrary response within this period, the modification will be considered approved and effective as soon as the period has elapsed. However, in the event that an increase in the rates formulated by the E-provider is not accepted by the E-consumer. In the case of a rate increase, the new rates will be applicable as soon as the aforementioned notification period has elapsed, and the E-consumer is obliged to pay the difference in prepayment to subscribe to the new rates. In the case of a tariff decrease, the new tariffs will be applicable as soon as the aforementioned notification period has elapsed, and the E-consumer may in no case request a refund of the tariff differential.
Article 13. – Terms of payment
The E-consumer guarantees that the card gives access to sufficient funds to cover the payment of the transaction to the company ICOSNET to the E-supplier.
To pay for the order by credit card, the type of card must be selected from those proposed and accepted by the E-provider at the Order level.
The payment receipt for the transaction is sent by email within one day of the order confirmation date.
The payment by credit card is secured by the online payment service provider of the bank AGB. During the payment process, the E-consumer is automatically connected to the server of the online payment platform. The banking data, protected by encryption, do not pass through the systems of the E-provider and are therefore not stored by it.
The connection of the E-provider’s website to an electronic payment platform is secured by an electronic certification system in accordance with Article 7.5.1/2 of the AGB Agreement.
The transaction data recorded by ICOSNET on the platform of the online payment service provider on behalf of ICOSNET shall constitute proof of all commercial transactions between the E-consumer and the E-provider.
The bank statement also constitutes proof of the transactions carried out by bank card via the site.
All taxes, of any class, present or future, payable as a result of the execution or compliance with this Contract, shall be paid by each of the parties in accordance with the provisions established by the legislation in force at any time.
Any failure by the E-Consumer to comply with the obligations established in this Clause, in the amount, time, manner and form provided for in this Clause shall constitute grounds for suspension of this Contract and shall entitle the E-provider to suspend the provision of the service, without prejudice to the rest of the actions that may be available to it.
Article 14 – Amendment of the Contract
Any amendment to this Agreement and its Annexes shall be valid only if it is made in writing and signed by each of the parties in mutual agreement. The E-provider may amend this Contract and its Annexes at any time by notifying the E-consumer in writing by mail and/or e-mail. If the E-consumer does not accept the modification “in writing” within fifteen (15) days of receipt of the written notification by the E-provider, the Contract shall be terminated by operation of law without compensation or notice, and the E-consumer shall in no event have the right to request the return of amounts paid in advance.
Article 15 – Documents required to sign the Contract
On the date of signing the Contract, the E-consumer is required to produce the following documents to the E-provider:
15.1 The natural person
An unaltered proof of identity.
15.2 Legal entity
Registration in the Trade Register.
Unaltered proof of identity of the signatory.
For Call-Centers : Provision of the Call-Center authorization from the ARPCE (Autorité e Régulation de la Poste et des Télécommunications).
Authorization of the ARPCE For all regulated activities EXP: geolocation.
Article 16 – Insurance
The E-provider acknowledges and declares that it is the holder of a civil liability insurance contract guaranteeing any damage that may occur in connection with this contract. The E-consumer acknowledges and declares that he/she holds a civil liability insurance policy covering any damage that may occur in connection with this contract. In any event, the E-consumer must be insured for the performance of this contract in accordance with the service offered by the E-provider. Failing this, the E-consumer is obliged to take out the necessary insurance, in particular for the risks of operating loss, before being able to claim full performance of this contract.
Article 17 – Coming into force
This Agreement shall come into force on the date of its validation and acceptance online by the E-consumer. This Contract is concluded “intuitu personae”. The E-consumer may not, under any circumstances, assign or transfer his rights and obligations to a third party, unless authorized in writing by the E-supplier.