General terms and conditions for LeFrenchMobile’s mobile telecommunication services

Article 1: INTRODUCTION TO OUR SERVICES

1.1 You hereby subscribe to a connectivity service supplied through a SIM card distributed by Transatel under the trademark LeFrenchMobile which offers the capacity to connect to mobile data services and send SMS (hereinafter referred to as the “Service(s)”).
1.2 LeFrenchMobile is a trademark of Transatel.
1.3 The SIM card is a prepaid SIM Card with a micro-processor to which is associated an IMSI number (International Mobile Service Identity).
1.4 This agreement is made with Transatel, which is a French Joint Stock Company (Société Anonyme) with a Management Board and a Supervisory Board, registered with the Nanterre Trade and Companies Registry under the number B 432 786 432 (VAT no. FR 49 432 786 432).
1.5 This Agreement will apply within the countries of the European Union. You will use a SIM card with an French MCC (Mobile Country Code), usable from mobile networks of Transatel partner network operators in the countries of the European Union.

Article 2: DEFINITIONS

2.1 “Agreement”: means this document, consisting of the general terms of sales.
2.2 “Service(s)”: means the service(s) as described in article 1 and throughout the present Agreement.
2.3 “SIM Card”: Subscriber Identity Module which is installed in the Products and allows access to the connectivity service.
2.4 “Personal Data”: means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identity document, an identification number, location data, economic data, an online identifier or to one or more factors specific to the physical identity.

Article 3: AGREEMENT

3.1 This Agreement will commence and a binding contract will exist between us when you first begin to use the Services, subject to the condition that you have ticked the box “I confirm that I have read and agree to LeFrenchMobile General Terms of Sale” when filling your registration form. It will continue until terminated as set out here.
3.2 All Services, including any related offers and promotions may be subject to specific additional terms and conditions advertised in our marketing literature and / or on the website www.acer.com/worldwide/support/. Please check our website regularly as these terms and conditions are updated from time to time.
3.3 You will remain responsible to us under this Agreement for the actions of any other person you allow to use the Services where we have not consented to a transfer of this Agreement.

Article 4: OUR OBLIGATIONS

4.1 We will provide the Services in accordance with the Agreement, and as described in the then-current price plan, from the date of activation of the SIM card. You may need to contact us to arrange for the activation of your SIM Card.
4.2 We try to make sure that the Services are available to you wherever possible; however, both availability and quality of the Services may be affected by things we cannot control such as physical obstructions, atmospheric conditions and outages on the Network where such outages and their remedies are not within our control. We or our Network Operator may from time to time need to carry out upgrade or maintenance work on the Network which may affect the availability and/or quality of the Services. We will endeavor to keep such disruption to a minimum but this may not always be within our control.
4.3 We shall provide the Services with reasonable skill and care and we shall use reasonable efforts to make the services available to you. If you experience problems with our Services or suspect a fault, please contact us.
4.4 We may from time to time and without notice, change the Services in order to comply with safety, regulatory, statutory and other requirements. We will try to ensure that this does not materially affect the scope of the Services.
4.5 If the Service is interrupted for more than two (2) days, or if the lead-time for delivery of my SIM card is more than three (3) weeks after the date you have entered into this Agreement, you are entitled, provided this interruption or this delay is attributable to a breach by LeFrenchMobile (and not to a breach by the carrier for example), to request from LeFrenchMobile a refund corresponding to the proportion of the subscription which you paid whilst not having access to the Service, it being stipulated that LeFrenchMobile’s indemnification in the event of the Service being interrupted is a maximum of one (1) month’s subscription.

Article 5: YOUR OBLIGATIONS

5.1 You must use the Services in accordance with this Agreement, and any other reasonable instructions we give you from time to time. You hereby consent to use your SIM card provided to you by LeFrenchMobile solely for the purpose of using Circo’s device. In case of improper use or misuse of the SIM card, Transatel may take any measure it deems necessary to stop such use.
5.2 You are responsible for all charges incurred on your Account whether or not they are incurred by you personally except those incurred after you have notified us of the loss or theft of your SIM card.
5.3 You agree that you will always comply with this Agreement and that we and our Network Operator have the rights set out there. You will be responsible to us for any losses, expenses or other costs incurred by us without limit as a result of your breach of this clause.
5.4 You must disclose your date of birth to us when you open your Account. You must also provide us with a copy of your ID or passport before you first begin to use the Services. If not, we reserve the right to suspend immediately the Services.
5.5 You are responsible for the way you use the Services and we will not be responsible for any content sent or received by you.
5.6 You are responsible for updating us as soon as reasonably possible of any changes to your contact details.

Article 6: SIM CARDS

6.1 All SIM cards that we provide to you remain either our property or the property of our network operator. We may replace your SIM card at any time during this Agreement and may also require you to return your SIM card to us.
6.2 You must advise us if your SIM card is lost, stolen or damaged. We will replace any SIM card, free of charge if it is defective however we reserve the right to charge you for a replacement where a SIM card appears to have been damaged by deliberate misuse or carelessness.

Article 7: DURATION AND RECHARGE

7.1 In order to use the Services you must have sufficient recharge your account after your initial bundle has run out. Where the duration of your bundle has run out we may cease providing you with those Services until you record further credits against your account. If you do not use the Service during a one-year period, your SIM card will no longer be active and LeFrenchMobile will no longer be able to provide you the Service.
7.2 By the time you acquire the SIM card, you will dispose of a bundle equivalent to a two months use of the Service. Once this duration runs out, you will have to recharge your bundle.
7.3 Top up recharge may only be used for our services. Recharge are also not transferable and no interest will be applied or payable to credit balances or allowances.
7.4 By using LeFrenchMobile’s SIM card using a french mobile country code, you agree to pay French VAT (Value Added Taxes) at the then current rates during the term of the Services.

Article 8: WHEN WE MAY SUSPEND OR DISCONNECT

8.1 We may, without liability to you, suspend or disconnect you fully or partially from Services, without notice:
8.1.1 If we are entitled to terminate this Agreement due to your failure to comply with this Agreement but elect to provide you with an opportunity to remedy such failure whenever reasonably practicable.
8.1.2 If we are required to do so by the Government and emergency service organization or any other competent body or lawful authority
8.1.3 For repairs or maintenance, or for operational or security reasons.
8.1.4 In circumstances where we observe fraudulent or unusual use of your Account or one or more service (e.g. anormal high usage patterns)
8.1.5 If we have a good reason to suspect a breach by you of this Agreement.
8.1.6 If you advise us that your SIM card has been stolen/lost/damaged or destroyed.
8.1.7 If your SIM card or handset is interfering with the normal operation of the network or if your account is in arrears.
8.1.8 If you did not return all your contact information 15 days after you purchased your device(s).

Article 9: CHANGING THE AGREEMENT

9.1 This section applies to all changes to the Agreement except changes to our charges, which are described already above.
9.2 We can change or update the Agreement at any time. We will only do this if we have a valid reason, for example to reflect changing arrangements with the Network Operator, or changing legal, regulatory or business requirements.
9.3 Where we make a significant change to this Agreement, we will notify you about this change by mail. If you do not agree with a significant change to this Agreement, you may stop using the Services.
9.4 All changes will be sent by mail; it is your responsibility to regularly check your mails for changes affecting the Service.

Article 10: INTERNET ACCESS

If your device enables you access to the Internet then the following will apply:
10.1 We do not make any warranty as to the accuracy, completeness, reliability or continuous supply of the content or information contained on any third party sites or resources accessed via the Services.
10.2 We will not be responsible for any harm you suffer from any virus that gains access to your equipment, whether transmitted via the Services or otherwise. It is your responsibility to protect your equipment with suitable anti-virus software.

Article 11: ONLINE PAYMENT

11.1 LeFrenchMobile can ensure its customers that the online payment process is totally secured by Ogone.
11.2 LeFrenchMobile keeps the right to refuse and block any top up or suspend the line for any fraudulent usage of yours.

Article 12 : PROTECTION OF PERSONAL DATA

Your Personal Data is collected by Transatel to optimize the efficient functioning of the Services and also to comply with relevant laws and regulations about user identification. In particular, Transatel undertakes to take all necessary steps to ensure the protection and confidentiality of your Personal Data and may not use it for purposes other than management of the clientele, market research, prevention of fraud and/or offences. It will be erased at the term of your contract, or within one year from the term of the contract in case of an identification obligation, unless a longer retention period is imposed or permitted by the applicable law.
Your Personal Data is collected by Transatel in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (“GDPR”).
In particular, the security and the confidentiality of your Personal Data will always be protected in compliance with the GDPR, even if you are not a national of a Member State of the European Union.
You hereby agree and acknowledge that your personal data may be transferred to third parties, solely for the performance of the Services. The processing of your Personal Data is only to be executed by Transatel or its subcontractors, provided such subcontractors are subject to contractual clauses with Transatel in accordance with the GDPR.
In case of transfer of your Personal Data outside of the European Union, a similar protection to the European regulation will be provided.
You have always a right of access, rectification and opposition to processing of your Personal Data. For this purpose, you have to send a written, dated and signed request to our Customer service department, together with a photocopy of both sides of your identity card at: customerservice@lefrenchmobile.com

Article 13: CONTACT

13.1 For any information or request concerning the Services, kindly contact the customer service department, using this contact phone number: +33 174 95 95 00

Article 14: JURISDICTIONS

14.1 If you are a retailer, any dispute may be referred to the courts within the jurisdiction of the Versailles Court of Appeal (Cour d’appel de Versailles), in France.
14.2 If you are a customer living on the territory of member state of the European Union, any dispute may be referred to the jurisdiction of your current place of residence.
Subject to public order dispositions, any disputes arising from the Agreement will be subjected to French law.