Version dated : 28/02/2024
These General Terms and Conditions of Sale and Services (hereinafter “GTCS&S") are applicable to the provision of Services by BJT PARTNERS - RINGOVER GROUP, creating and marketing the telecommunication service “Quicktalk”, a simplified joint stock company with a capital of 1,511,491 euros, registered in the Nanterre Companies Register under number 480234210, whose registered office is located at 50 bis rue Maurice Arnoux in Montrouge (92120), (hereinafter “QUICKTALK”), to its customers (hereinafter the “Customer”). It is specified that the Services are strictly limited to use for professional purposes, to the exclusion of any use as a consumer within the meaning of the Consumer Code. The GTCS&S must be accepted by the Customer who undertakes to transmit them to the Users and to ensure that the latter comply with them.
“Access” means a limited right granted to the Customer to create a User Account.
“Customer” means the legal or natural person who subscribes to a Service as a professional.
“Customer Account” means the account created by the Customer at the time of Subscription and to which the Users’
accounts and the Accesses acquired by the Customer are linked.
“User Account” means the account created by the Customer under an Access and allocated to the User for the use
of the Service.
“Customer Content” means information available to the Customer independently of the use of the Services and
submitted by the Customer in the course of using the Services.
“Contract” means the contractual whole consisting of these GTCS&S and its Appendices.
“Effective Date” means the date of signature hereof by the parties.
“Incident” means the total interruption of the Service, as determined and measured by QUICKTALK.
“Confidential Information” means all information that is designated as confidential or which ought reasonably to be
regarded as confidential having regard to the nature of the information and the circumstances of disclosure including
the terms hereof and (including prices), business and marketing plans, technology and technical information, product
plans and designs, and business processes disclosed by such party.
“Quicktalk Numbers ”means the telephone numbers allocated to the Customer at the time of Registration for the
Service and/or when using the Service and/or the telephone numbers allocated to Users by the Customer under the
Accesses.
“Services” means all the services provided by QUICKTALK accessible on the Platform as described in Appendix 1.
“Subscription” means the process by which the Customer takes steps to benefit from the Service with QUICKTALK
or with one of its authorised distributors, suppliers, resellers or authorised spaces.
“User” means any person authorised by the Customer to use the Service under an Access.
The Customer ensures that the person subscribing to the Services on behalf of the Customer proves their identity and their capacity to act and represent the Customer by producing potentials proofs (such as a company registration certificate, proof of identity, powers of attorney, etc.). The User must have an address (postal or IP) located in the European Union when actually using the Service. For this purpose, the regulatory authorities may require proof of the User's identity depending on the type and numbering range of the telephone number chosen at the time of Registration. These documents must be provided by the Customer when the User Account is created. No activation of the Service will be possible until these documents have been provided. QUICKTALK may also refuse to activate the Services or terminate them in the event of a false or fraudulent declaration and in the absence of rectification within eight (8) days of formal notice sent by QUICKTALK.
To subscribe to the Service, the Customer must fill in all the compulsory fields on the online registration form and validate their registration. The Customer may correct, before finalising their Subscription, any error they may have made when entering information about themselves. By ticking the box “I have read and accept the GTC”, the Customer acknowledges that he/she has read all the provisions of these GTC and agrees to abide by them without any reservations.
This Contract shall commence on the Effective Date and shall continue until all Subscriptions entered into hereunder have expired or been terminated (the “Contractual Term”).
The Client may benefit from the Service by subscribing for a period of one (1) month, tacitly renewable for successive periods of one (1) month.
QUICKTALK takes specific measures when it suspects fraudulent or abusive use of its Services. Therefore, the Customer must ensure that each User does not exceed the usage limits detailed in points 1 and 2 of Appendix 4. In addition, the other limits and restrictions stipulated by QUICKTALK in point 3 of Appendix 4 shall apply.
The Customer undertakes to use the Service in accordance with any applicable local regulations and undertakes not to use any device or software to disrupt or attempt to disrupt the proper functioning of the Service, in particular by imposing a disproportionate load on QUICKTALK's infrastructure.
The applicable prices are those in force at the time of the Subscription and correspond to the prices indicated on the page https://www.quicktalk.com/en-gb/pricing. The applicable prices and special terms and conditions are in Appendix 3 hereto. The prices are quoted in Euros, Swiss Francs or Sterling Pounds excluding taxes depending on the location of the Customer at the time of Registration.
QUICKTALK reserves the right to change its prices at any time. QUICKTALK will inform the
Customer about any price decrease. In the event of a price increase, QUICKTALK will inform the Customer of the new
prices at least one (1) month before they come into force, by means of an email sent to the Customer's contact e-mail
address. Continued use of the Service or failure to terminate the Service after this period of one (1) month shall
constitute acceptance of the new prices by the Customer. If the Customer wishes to terminate the contract as a result
of the price increase, the Customer shall not be liable to pay any early termination fees.
As an exception to the above, the Customer does not have the right to terminate the Service if QUICKTALK is not
the cause of the increase in telecommunications minutes. This will be the case, for example, when the latter
results from:
- a change in the applicable telecommunications regulations;
- judicial and/or administrative decisions
- an increase in the prices of QUICKTALK's partner telephone operators.
In this case, QUICKTALK will notify the Customer as soon as possible.
Payment for the Service is made by bank card or direct debit only. At the time of Subscription, the Customer provides their bank details and authorises QUICKTALK to automatically debit their bank account for the sums due for the Service, in accordance with these GTCS&S. The monthly instalments will be debited automatically on the anniversary date of the Subscription.
Invoices are payable in arrears and issued monthly on the anniversary of the Subscription. If additional Users are added, the corresponding subscriptions will be invoiced on a pro rata basis until the next anniversary date of the initial subscription. QUICKTALK reserves the right to make payment by Bank Card within 30 days of the date of issue of the invoice. The Customer can access their invoice on their customer page on the https://www.quicktalk.com/en-gb.
Late penalties shall be due by operation of law. The interest rate applicable for the calculation of the penalties will be the semi-annual key rates of the European Central Bank in force on 1 January or 1 July, plus 10 points. A fixed indemnity of €40 will also be due for collection costs for any delay in payment in accordance with articles L. 441-10 and D. 441-5 of the French Commercial Code, it being specified that QUICKTALK reserves the right to claim additional compensation in the event of recourse to a professional responsible for reminders, formal notices and, in general, for the collection of its debts.
In the event of a dispute regarding the amounts invoiced by QUICKTALK for the use of the Service, the Customer must send notification by registered letter with acknowledgement of receipt within thirty (30) days of the date of issue of the invoice, indicating the invoice number to which the dispute relates. The Customer shall remain liable for payment pending a resolution. In the event of a reduction in the disputed invoice, QUICKTALK will issue a credit note to the Customer, which will be deducted from the next invoice after agreement between the two Parties.
QUICKTALK undertakes to provide the Service in accordance with these GTCS&S, Appendix 1 (Description of Services), under the terms of an best-efforts obligation. The Services will be provided without regard to the Customer's particular use of the Services, and subject to the Customer's compliance with the obligations and restrictions set out in these GTCS&S.
Under penalty of termination of Contract, the Customer undertakes to (i) pay for the Services invoiced in accordance with Article 4 hereof, (ii) cooperate with QUICKTALK and in particular, without limitation, to provide all the information required by QUICKTALK for the purposes of providing the Service and to inform QUICKTALK of any change of address or identity. The Customer is also responsible for the storage, confidentiality and use of the identification details. In this respect, if the Customer has reason to believe that someone is using its identification details or account, it must immediately inform QUICKTALK and change its password, bearing in mind that QUICKTALK cannot be held responsible in the event of disclosure of these data to third parties. The Customer is responsible for the use of the Services, including by Users, in accordance with the applicable regulations. It is the sole responsibility of the Customer to inform all Users of the specificities of the service in relation to emergency calls, particularly in the event of use outside the geographical location indicated at the time of Subscription.
QUICKTALK has no control over the Customer Content and will therefore not be responsible for the nature or content of the Customer Content and the use that the Customer makes of the Services. In particular, it is specified that the Customer will indemnify QUICKTALK in the event of a claim or proceedings initiated by a third party against QUICKTALK alleging that the use of the Service by the Customer is fraudulent or abusive or would in any other way result in a violation of the applicable law or the rights of third parties. It is specified that this compensation covers, among other things, all legal costs, indemnities paid and lawyers fees.
QUICKTALK undertakes to provide the services in accordance with Article 5.1. It is specified that the quality of the communication in the context of the use of the Service depends on the quality of the Internet connection over which the User accesses the Services and over which QUICKTALK has no control. QUICKTALK cannot be held liable for any disruption of the Service resulting from the Internet connection on which the User accesses the Services. Furthermore, QUICKTALK does not guarantee the accuracy of the information obtained or transmitted in the context of the use of the Services. It is specified that the Service may be temporarily interrupted for maintenance, updates or technical improvements, or to change its content and/or presentation.
QUICKTALK may not be held liable for any failure to perform the Services resulting from a failure by the Customer to comply with the terms of Article 5.2 hereof or from the intervention of a third party other than a subcontractor of QUICKTALK. Furthermore, QUICKTALK shall not be liable for any financial loss resulting from economic loss, the cost of replacement services, loss of profits, loss of turnover, loss of orders, loss of customers, loss or alteration of the Customer's Content and/or loss resulting from damage to image or reputation, whether such losses are the result of direct or indirect damage. Furthermore, and in any event, QUICKTALK shall not be liable for any loss that was not foreseeable at the time of the conclusion of the contract and that does not constitute an immediate and direct consequence of the non-performance of the contract.
Without prejudice to the exclusions of liability set out in Articles 6.1 to 6.3 above, in no event shall the liability of either party arising out of or in connection with the performance of the Contract exceed the total amount paid by the Customer under the Contract giving rise to the liability during the twelve months preceding the first event giving rise to the liability. This limitation of liability does not apply in any way to the Customer's payment obligations.
The party receiving Confidential Information shall during the Term and for a period of ten (10) years after its termination or expiration, maintain the confidentiality of all Confidential Information of the disclosing party which it receives, and the receiving party shall refrain from using the disclosing party's Confidential Information other than to the extent necessary to fulfill its contractual obligations. Each party undertakes to secure and protect the other party's Confidential Information with the same degree of care as it takes to protect its own Confidential Information and shall ensure that its employees undertake to maintain the same level of confidentiality. For greater certainty, Confidential Information does not include information that is or becomes publicly known without breach of the terms of this Contract or was known to the receiving party prior to its disclosure by the disclosing party without breach of the terms of this Contract.
The receiving party may nevertheless disclose the disclosing party's Confidential Information to the extent that it is required to do so by law or by any judicial or administrative proceeding, provided that the receiving party gives the disclosing party prior notice of such requirement (to the extent permitted by law).
In the event of use in violation of the restrictions set out in Article 2.1, QUICKTALK will be able to suspend the package with unlimited calls for a period of 7 days. QUICKTALK will notify the Customer of such suspension. At the end of this period, and if the Customer has not remedied the situation, QUICKTALK reserves the right to terminate the Service by operation of law.
In the event that the bank rejects the payment or a refusal to pay on the part of the Customer, and regardless of the means of payment chosen, QUICKTALK will make a second payment attempt at the end of a period of seventy-two (72) hours from the rejection, and a third attempt, if necessary, at the end of a period of seventy-two (72) hours from the second attempt. If the third attempt is rejected, QUICKTALK will immediately suspend the Service. It is expressly stated that unpaid invoices remain due and that QUICKTALK reserves the right to proceed with the forced collection of its debts.
Accounts suspended by QUICKTALK will not be entitled to any refund or credit during the suspension period.
The Customer may terminate the contract up to the day before the monthly anniversary date of the subscription by sending a termination request by e-mail to [email protected]. Credits already purchased will not be refunded. The Customer may also terminate, at any time, the Accesses corresponding to the User Accounts of their choice from their customer page, without being able to claim any reimbursement from QUICKTALK.
The Customer may terminate the contract at any time up to the day before the anniversary date of the subscription by sending a termination request by e-mail to [email protected].
Either Party may terminate this Contract in the event of a material breach by the other Party of an essential obligation of this Contract upon thirty (30) days' written notice to the other Party of such breach, and if the breach is not remedied within such period. In particular, the obligations contained in Article 2 (Restrictions on Use) and Article 5 (Obligations of the Parties) shall be considered substantial obligations.
To the extent permitted by law and unless the appointed administrator decides otherwise, the Parties may also immediately and upon written notice terminate this Contract if the other Party is subject to liquidation or receivership proceedings (or any other similar proceedings).
In the event of termination of the Contract at the initiative of QUICKTALK due to unpaid invoices, QUICKTALK may claim late payment compensation as provided for in article 4.4 of these GTC&S.
Subject to technical eligibility, when subscribing to the Service, the Customer may port one or more existing telephone numbers. The Customer declares that they are the legitimate owner of the telephone numbers for which they are requesting portability. The Customer acknowledges that porting their number entails the termination of their previous line as well as the cessation of the services initially associated with the ported number. QUICKTALK cannot be held liable for the discontinuation of the associated services.
If the Customer wishes to request a new portability to their original operator, they must inform QUICKTALK before the effective date of the portability of their previous number. The Customer's number portability request will only be initiated by QUICKTALK once it has received all the documents requested during registration for the Service. Any incomplete file will make it impossible to launch the portability request.
The implementation of the Customer's number portability depends in part on the operator of the Customer's line. In this respect, QUICKTALK cannot be held liable if the announced portability deadlines are not met. Incoming portability is carried out from Monday to Friday according to a technical schedule imposed by the infrastructure operators, which will be communicated to the Customer in advance. Any incoming portability request from the Customer outside these time slots, if accepted by QUICKTALK, will be subject to additional billing to the Customer. The start date of the commitment shall be understood as the first day of the invoiced period as indicated on the first invoice.
In the event of the closure of the Quicktalk account for any reason, the Customer accepts that the telephone number may be allocated after a period of six (6) months to another Customer or for another Service. However, the Customer may keep their Quicktalk Number if they request outgoing portability to another operator. This request must be made by the Customer's new operator at least thirty (30) calendar days before the end of the Subscription period. Once the Customer's Subscription period has expired or the Subscription has been terminated, no portability request can be considered.
The portability request by the new operator will result in the automatic termination of the ported line and all associated services. In order for outgoing portability of the Quicktalk Number to be accepted, the Customer must have provided proof of a valid local address in the geographical area of the Quicktalk Number concerned when the Quicktalk Number was activated. QUICKTALK shall not be liable in the event of technical impossibility of outgoing portability of the Quicktalk Number or in the event of malfunctioning subsequent to outgoing portability of the Quicktalk Number.
All rights, including intellectual and industrial property rights, in particular copyrights, trademarks, patents, as well as domain names, business secrets, and know-how relating to the content of the Services and the Services themselves, belong to QUICKTALK. These GTCS&S do not entail any transfer of ownership rights over the Services and their content. The Customer has the right to use the Services under the terms of these GTCS&S for the term of the Subscription.
The Customer remains the owner of the Customer Content and must have the necessary rights to the Customer Content. The Customer hereby grants QUICKTALK, for the duration of any rights to the Customer Content, a non-exclusive, royalty-free, worldwide license to use the Customer Content in order to provide the Services to the Customer or as otherwise required under these GTCS&S.
The Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, and suitability of the Customer Content. The Customer also grants QUICKTALK a non-exclusive, royalty-free, worldwide license to use the Customer's trademarks for the purpose of promoting its business and in advertising campaigns on any communication medium.
The Customer and the User are personally responsible for fulfilling their obligations to rights management companies representing authors, composers, publishers, producers, and other rights holders, particularly regarding “on hold” music, including that made available by the Service. QUICKTALK expressly excludes any liability in this regard.
If Customer Content provided to QUICKTALK contains personal data as defined in the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR) (Personal Data), the Parties agree that this Contract is subject to the GDPR as well as any other applicable laws relating to the use, collection, retention, storage, security, disclosure, transfer, or other processing of Personal Data. If the provision of the Services by QUICKTALK results in the processing of Personal Data subject to the provisions of the GDPR, the Parties agree to sign the QUICKTALK Data Processing Addendum (DPA), which shall be incorporated into and form part of this Contract.
If one or more provisions of these GTCS&S are considered invalid or unenforceable for any reason whatsoever under applicable law, regulation, or following a court decision, the other provisions shall remain applicable.
Clauses 4, 6, 7, 9, 11, and 13 shall remain applicable beyond the termination or expiration of this Contract.
The Services are constantly evolving to improve their use by the Customer. As a result, these GTCS&S and the terms of use of the Services may change. They may also be subject to change in accordance with applicable regulations. QUICKTALK shall notify the Customer of any change one (1) month before the effective date of the change. In the event of changes that significantly affect the Customer's rights and/or obligations or the Customer's use of the Services, the Customer must accept the change or, if they do not accept it, terminate their Subscription to the Service concerned.
No termination may occur if the changes made are imposed by regulation and/or do not adversely affect the substantial elements of the Service. Only the latest version of the Service will be available.
In the event of force majeure, the parties shall not be liable for any failure or delay in the performance of one or more obligations under this contract. However, this article does not apply to payment obligations. Force majeure events include, but are not limited to, exceptional weather conditions, natural disasters (e.g., lightning, flooding, fire), electromagnetic or electrical disturbances affecting networks, network saturation, legal restrictions on telecommunications services, and events that trigger local or national plans for maintaining telecommunications services continuity.
This Contract constitutes the entire agreement between QUICKTALK and the Customer regarding the Customer's use of the Services and supersedes all prior written or verbal agreements, proposals, or representations on the subject. In case of conflict or inconsistency between documents, the order of precedence is as follows: (1) any appendix to this Contract, (2) the body of this Contract.
QUICKTALK reserves the right to assign this Contract, including but not limited to, assigning or transferring all or part of its business and/or assets. The Customer must seek and obtain the prior written consent of QUICKTALK to assign or transfer this Contract.
These GTCS&S are available in several languages. In the event of a dispute regarding the interpretation of the provisions across different versions, the French version shall prevail.
This agreement, as well as any dispute arising out of or relating to it, shall be governed exclusively by French law. The competent courts within the jurisdiction of the Court of Appeal of Paris in France shall have exclusive jurisdiction over any dispute relating to this Contract, and each party consents to the exclusive jurisdiction of such courts.
RINGOVER GROUP offers its Customers the “Quicktalk” service, a telephony service over the Internet (VoIP) dedicated to small businesses. This service enables calls made to the Quicktalk number to be automatically transferred to a mobile telephone number, which is also available through a mobile application.
To benefit from the Service, the individual must visit https://www.quicktalk.com/en-gb, register, and provide a valid email address and a postal address corresponding to their geographical location. This will enable them to create a Subscriber Account, and possibly additional User Accounts depending on the number of Licences attached to their subscription.
RINGOVER GROUP will then provide the Subscriber with one or more Quicktalk Numbers associated with the Quicktalk Accounts created by the Subscriber. The choice and type of numbers offered are dependent on the location provided by the Subscriber during registration.
Subject to activation, the Quicktalk service can be used to make local emergency calls (e.g., 112, 17, 18, 115), but the Customer is reminded that emergency calls made via Quicktalk have specific characteristics. These calls may not be routed if the VoIP service is interrupted, and there is a risk that the call may be redirected to an inappropriate emergency call center. Additionally, emergency services may be sent to the wrong location, as RINGOVER GROUP does not know the exact location of the person dialing the emergency number.
The Subscriber acknowledges being aware of the specificities of emergency calls made via RINGOVER GROUP and confirms having informed all of their Users accordingly. The User must ensure that they have access to a mobile phone or another landline to contact emergency services, particularly in case of a service failure.
A full description of the services is available at the following address: https://www.quicktalk.com/en-gb/how-it-works.
The list of paid options, which are excluded from the subscription rate, is available at the following link: https://www.quicktalk.com/en-gb/pricing.
The support service is available by phone or email from Monday to Friday, 9 AM to 6 PM.
Before subscribing, the Customer must ensure that their telephone/internet operator or network administrator offers the possibility of making and receiving telephone calls directly from the Firefox (minimum version 80) or Chrome (minimum version 80) web browsers, a mobile application, or a SIP phone. Otherwise, it will be impossible to use the Service.
It is the Customer's responsibility to ensure that the setup provided to Users has the following characteristics:
QUICKTALK particularly draws the Customer's attention to the fact that the MRCP protocol is not supported.
Access to the Service is only possible with the latest versions of the Chrome and Firefox web browsers. For optimal use, QUICKTALK recommends always using the most recent version of your browser.
Subscription prices are available on the https://wwww.Quicktalk.fr/tarifs page.
When subscribing, the Customer may, provided they are eligible, opt for an Access including unlimited calls or for an Access billed on a consumption basis:
The list of chargeable options, excluded from the subscription rate, is available on the following link
https://www.quicktalk.com/en-gb/pricing.In order to prevent mass spamming and robocalling from the Service, the Customer shall ensure that on average all Users do not make more than 60 outgoing calls (completed or not) per User per day of less than 15 seconds duration. If the average number of Users on the account reaches this threshold three or more times in a month, QUICKTALK reserves the right to suspend and/or terminate the Service.
For each User, during a given period of time, the rate of use of the Service is the proportion of time during which the User is in communication with the correspondents he/she has called using the Service. Thus, the average rate of use of the Service is understood to be the average rate of use of the Service observed over a set of Users, during a given period of time. The use of the package with unlimited calls is considered reasonable when the average rate of use of the Service observed on all the Users attached to the Customer Account is less than five times the average rate of use of the Service as observed on the customer base of QUICKTALK benefiting from a package with unlimited calls during the last six months.
Each User's User Account can only be used by that User, from the web browser of his/her personal computer or from his/her personal IP phone. Sharing and shared use of the User Account is not permitted. In particular, the use of the User Account as a call collection and/or termination provider is not permitted and it is notably forbidden to use the Service to receive or make calls with a telephone switch, switchboard, automatic call machine or telephony software. The User Account is limited to one simultaneous call per User. As an optional paid extra, a User can benefit from additional call channels. When the Customer benefits from the SIP option, any use of the package with unlimited calls using automated call processing devices (switch, PABX, dialer) is strictly prohibited and considered as fraud and will result in the automatic termination of the package with unlimited calls. As the regulations relating to the recording of telephone conversations and their retention period vary according to the countries/geographical areas concerned, it is the responsibility of Customers and Users, when considering activating this option, to ensure that it is legal in terms of the applicable standards, it being specified that in certain countries, the User must inform his/her correspondents of the recording of their telephone conversation and of the fact that they may object to such recording at any time. The use of this recording option is the sole responsibility of the Customers and Users of the Service, who are responsible for ensuring compliance with local regulations.