standard terms and conditions definitions - joi telecom · pdf filefr-combit&c-114...

ACN Communications France SAS Adresse du siège et adresse postale: 9/11, allée de l’Arche, Tour Egée, Paris La Défense, 92671 Courbevoie Cedex, France

SAS au capital social de €37 000, RCS PARIS B 451 364 889

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Standard Terms and Conditions

Definitions

1. For purposes of this Agreement, the words below have the following meanings. Other words are

defined in the body of these Standard Terms and Conditions.

(a) "Account" means your Customer account(s) for your purchase and usage of ACN Services

and ACN Equipment.

(b) “ACN”, “us”, or “we” means ACN Communications France S.A.S., having its registered office

at 9/11, allée de l’Arche, Tour Egée, Paris La Défense, 92671 Courbevoie Cedex, and

registered with the Chamber of Commerce under RCS PARIS B 451 364 889.

(c) “ACN Customer Service” means the Customer Service Department for ACN Services. For JOi

Internet and Phone Service, you can call Customer Service at 05 35 900 121. To contact ACN

Customer Service regarding any other ACN Service, you can call: 01 82 634 333. You can also

contact ACN Customer Service on the Customer Portal via Ichat or email.

(d) “ACN Equipment” means any telecommunications equipment sold or provided directly to

You by ACN pursuant to this Agreement. ACN Equipment includes (i) the ACN Videophone,

which permits video and audio calling; (ii) the ACN Digital Phone Service Phone Adaptor; (iii)

leased JOi Internet and Phone Equipment including ADSL internet modem, power supply,

DSL cable, Ethernet cable, DSL filter, and phone adaptor; and ( iv) any other ACN-provided

telecommunications device. Devices and equipment provided by a Customer or another

telecommunications or utilities provider, such as computers, telephones, or the wiring in

your home, are not ACN Equipment.

(e) “ACN Services” means an electronic communications service or product offered to

Customers by ACN. ACN Services includes services and products offered under the name

“JOi” and ACN. JOi is a trademark of ACN Inc.

(f) “Agreement” means the Telephone Services Agreement, these Standard Terms and

Conditions, Additional DPS Terms and Conditions, Additional JOi Internet and Phone Terms

and Conditions and the Price List, each as currently in effect, on the basis of which we will

deliver the ACN Service to you.

(g) “ACN Business Partner(s)” means/Orange, Société Française du Radiotéléphone (SFR) and

any other partners in which ACN collaborates with for the provisioning of ACN Service.

(h) “AUP” or “Acceptable Usage Policy” means our acceptable usage policy as described in the

Price List.




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(i) “Charges” mean all fees, rates, charges, and surcharges for ACN Services and ACN

Equipment as set out in the Price List.

(j) “Customer” or “You” means a person who purchases or uses ACN Services or ACN

Equipment.

(k) “Customer Portal” means ACN’s Customer Services website located at www.myacn.eu for

CPS, Subscription and DPS Service or located at www.joitelecom.fr/en/my-joi for JOi Internet

and Phone, or other URL notified by us.

(l) “Initial Term” has the meaning given in Clause 4.

(m) "Joint Service" means Line Rental with Carrier Pre-Selection or JOi Internet and Phone. Line

Rental is not a stand-alone product and must be purchased with Carrier Pre-Selection. JOi

Internet and Phone are not stand-alone services and must be purchased as a bundled

package.

(n) “Order Date” means the date that ACN accepts your Agreement and agrees to provide ACN

Services to You.

(o) “Premises” means the physical location at which we provide ACN Services to You. You may

change the Premises as set forth in this Agreement.

(p) "Price List" means ACN's current price list, which is available on the Customer Portal or by

contacting Customer Services.

(q) “Service Start Date” has the meaning given in Clause 3.

(r) “Standard Terms and Conditions” means these ACN Standard terms and conditions.

ACN Services

2. ACN offers the following services:

Carrier Pre-Selection (CPS). Carrier Pre-Selection allows You to direct that all or certain types of calls

carried on an ACN Business Partner’s network and billed by ACN without the need to dial a special

code. Your telephone line will continue to be provided and maintained by your current telephone

provider unless You purchase Line Rental from ACN. All of the calling features that You receive from

your current telephone provider may not be available from ACN. If CPS is purchased, calls to

premium rate numbers (« short numbers ») and non-geographical numbers (08 or 09 prefix

numbers) will still be carried and billed by Orange or another operator. ACN cannot service You

unless You are the holder of an active Orange or other line rental subscription operator for all the

http://www.myacn.eu/

http://www.joitelecom.fr/en/my-joi




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lines indicated above. Cancellation or modification of the agreement with Orange or other operator

will result in cancellation of this Agreement. CPS activation will override any existing CPS service.

Line Rental (Subscription). If You purchase Line Rental from ACN, ACN will provide and maintain

your telephone line and give You the facility to make and receive telephone calls. All of the calling

features that You receive from your current telephone provider may not be available from ACN. You

can continue to purchase other telecommunications services from other providers.

Digital Phone Service (DPS). DPS is a telecommunications service that allows You to make and

receive calls over the Internet using ACN Equipment or other equipment or applications permitted

by ACN. DPS requires an Internet connection. If ACN does not offer Internet service in your area, You

must obtain it from another provider. See the DPS Additional Terms and Conditions for more

information.

JOi Internet and Phone Service. The JOi Internet and Phone Service is a bundled package consisting

of an ADSL internet connection and an internet telephony service that allows You to make calls over

the internet using the JOi Internet and Phone Equipment. The component services of the JOi

Internet and Phone may not be purchased separately. See the JOi Internet and Phone Additional

Terms & Conditions for more information.

Start and Term of this Agreement

3. This Agreement begins on the earliest of: (a) the Order Date, (b) the date we supply ACN

Services to You or (c) the delivery date of ACN Equipment. You are required to provide accurate

information to ACN at the time of subscription, including proof of identity. In the event the

information you provide is faulty, inaccurate or incomplete, ACN may contact you following the

Order Date, to request you correct the information provided. In the event you do not correct

the information, ACN shall be entitled to cancel your order and terminate the Agreement. Your

“Service Start Date” is the earlier of the date that ACN begins the supply of ACN Services to You

or the date You receive a letter from ACN confirming the supply of ACN Services. If You purchase

more than one ACN Service, You may have different Service Start Dates for each ACN Service.

4. For CPS, Line Rental, and JOi Internet and Phone Service, this Agreement is concluded for an

indefinite term. For DPS this Agreement will continue for an initial period of twelve (12) months

from the Service Start Date (the “Initial Term”). At the end of the Initial Term, this Agreement

will renew and will remain in effect indefinitely until terminated by ACN or You.

Your Obligations to ACN

Provision of ACN Services and ACN Equipment

5. You confirm that You are at least 18 years of age. You authorise ACN and any ACN Business

Partner to take all steps necessary to supply the ACN Services or ACN Equipment to You.




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6. You confirm that you have authority to subscribe to ACN Services and the consent of any other

person named on the order form for any changes and deletions of data for the universal phone

books and universal enquiry services.

7. You agree to follow the instructions that ACN or an ACN Business Partner gives You regarding

the provision of ACN Services and ACN Equipment and to allow ACN and ACN’s Business Partners

to access the Premises to install or repair ACN Equipment. You agree to obtain permission from

any third party, such as a landlord or neighbour, if we need to access or install ACN Equipment

on their land.

8. You agree to take reasonable care of your ACN Equipment. If your ACN Equipment is damaged as

a result of your actions, You will have to pay to have it repaired or replaced.

9. You confirm that equipment provided by You or other telecommunications providers is in good

working order and complies with applicable technical standards. Access to certain features

requires availability of a terminal with the functionality that is appropriate to their use. Some of

your equipment may be programmed to automatically activate certain services without express

consent. You must confirm with the equipment provider that the equipment does not

automatically program the use of these services. ACN is not liable if we are unable to provide

any ACN Service to You or for reduced service quality resulting from equipment provided by You

or third parties.

Use of ACN Services and ACN Equipment

10. ACN Services and ACN Equipment are intended for personal use. ACN makes no representation

that the ACN Services and ACN Equipment are fit for any business purpose. If You purchase ACN

Services or ACN Equipment for business use, You acknowledge that they may not meet your

specific business needs. ACN is not responsible for any loss of profit, revenue, business or

anticipated savings or any other losses if You use ACN Services or ACN Equipment for business

purposes.

11. You are responsible for use of your ACN Services or ACN Equipment. You must notify ACN

Customer Service if your ACN Services or ACN Equipment is being used in an unauthorised or

fraudulent manner or if your ACN Equipment is stolen. Refer to Clause 1(c) of this Agreement

for ACN Customer Services contact details. You are responsible for all usage of ACN Services

unless You provide notice to ACN of unauthorized use.

12. You may not resell or use ACN Services or ACN Equipment on a commercial basis, including for

teleshops, operator activities, telemarketing organizations, prepaid card providers, and call

centre operations.




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13. Your use of ACN Services and ACN Equipment must comply with our Acceptable Usage Policy.

You must not use ACN Services or , ACN Equipment (a) for the transmission of material that is

defamatory, offensive, abusive, obscene, or menacing; (b) for any improper, immoral,

fraudulent, or unlawful purpose; (c) in a manner that infringes the rights of any other person; (d)

to make offensive, indecent, menacing, nuisance or hoax calls; (e) in a manner that could

damage or corrupt ACN Services or ACN Equipment; or in any other way which is in breach of

French legislation.

14. If You purchase Line Rental, You agree not to connect any equipment that could harm the

network or other Customers’ equipment. You agree to use only the main telephone socket

supplied by your current telephone provider to connect any equipment.

15. If we provide You a telephone number, You agree You do not own the number and may not sell

or transfer it, except that you may transfer the number to another telecommunications provider

as permitted by law.

ACN’s Obligations

16. ACN will supply ACN Services and ACN Equipment within thirty (30) days from the Order Date,

unless you have requested a later delivery date. You have the right to terminate this Agreement

if ACN fails to deliver ACN Services or ACN Equipment within 30 days due to our error, unless

you have requested a later delivery date, and provided you first make a written request to ACN

following the 30 days requesting delivery and ACN fails to deliver the ACN Services or ACN

Equipment within a reasonable time following this request. You may continue to receive service

from your current telephone provider until your ACN Services are connected.

17. If there is an interruption in your Line Rental or degradation in the quality of services due to

ACN’s fault, the time limit to re-establish the service is 96 hours. This 96-hour period will

commence from 19:00 on the day the fault report is received by ACN. If ACN fails to meet this

timeframe, You may request for a refund of one month line rental fee up to a maximum of EUR

15 in any calendar month which will be applied as a credit on the next invoice.

18. If there is an interruption in your JOi Internet and Phone Service or degradation in the quality of

these services due to ACN’s fault, the time limit to re-establish the service is 96 hours. This 96-

hour period will commence from 19:00 on the day the fault report is received by ACN. If ACN

fails to meet this timeframe, You may request a proportionate refund of your monthly fees,

starting from the time the fault was received by ACN.

19. Events beyond our control such as network failures or congestion by other telecommunications

providers, power outages, severe weather, governmental or labour actions, and acts of God,

may sometimes prevent us from providing or delivering ACN Services or affect service quality.

These are called “Force Majeure Events” as defined by the Jurisprudence of the Court of

Cassation and Article 1148 of the Civil Code. Your use of non-standardized equipment may also

prevent us from providing or delivering ACN Services or affect service quality. In these cases,




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ACN is not liable for any failure or defect and You will remain responsible for payment for your

ACN Services.

20. You can obtain current information on all ACN Services and ACN Equipment, including tariffs,

other Charges, and terms and conditions of service, on the Customer Portal or by contacting

Customer Services.

Number Porting

21. "Incoming Portability": In case of a subscription with ACN Services with a request for number

portability, or in the case of JOi Internet and Phone Services, a request for the partial or total

unbundling of your telephone line, You give a mandate to ACN to perform all acts necessary for

the implementation of portability of the application to the donor operator. Termination of your

previous contract is effective from the day of the actual number porting. You remain liable for

your contractual obligations that bind you to your previous operator, including all remaining

payment. Your portability request does not mean that the services and/or features you had with

your previous provider will be transferred to ACN. With respect to JOi Internet and Phone

Services, a request for partial unbundling will result in interruption of high-speed internet

supplied directly or indirectly by the donor operator or another operator and supported by your

telephone line. Partial or total unbundling may cause a temporary interruption of your

telephone line and internet service. ACN cannot control the implementation of portability so

ACN cannot be held responsible for interruptions due to no fault of ACN. Total unbundling will

terminate your contract with your previous operator, and terminate all existing services

supported by the telephone line. ACN may refuse an application for portability in accordance

with the applicable regulations, including provisions of the Post and Electronic Communications

Code and Decision of the Autorité de Régulation des Communications Electroniques et des

Postes No 2013-0830 dated 25 June 2013.

22. “Outgoing Portability”: If you wish to apply for the portability of your number from ACN, You

must send your request directly to the new operator. This application requests termination of

the Agreement with ACN. ACN may reject the portability application by the new operator in

accordance with the applicable regulations, including provisions of the Post and Electronic

Communications Code and Decision of the Autorité de Régulation des Communications

Electroniques et des Postes No 2013-0830 dated 25 June 2013.

Charges and Payment

23. You agree to pay all Charges for the ACN Services and ACN Equipment whether You or someone

else uses your ACN Services or ACN Equipment. You are responsible for unauthorised and

fraudulent use unless You give notice to ACN as set forth in Clause 11. You are responsible for

calls to special, premium, and international numbers unless You give notice to ACN as set forth

in Clause 11.




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24. ACN will invoice You for the Charges in accordance with the Price List. All Charges include VAT.

VAT shall be separately set out as part of the Charges on the invoice. We bill monthly in advance

for recurring Charges, such as monthly subscription fees, and in arrears for usage-based Charges,

like calling. Usage-based Charges will usually appear on your next invoice, but they may appear

on a later invoice. We may issue corrected invoices for prior months.

25. Depending on the ACN Services You purchase, ACN will send You a paper or electronic invoice.

Paper invoices are sent to the Premises unless we agree to send them to a different address. For

electronic invoices, ACN will send an email to the email address that You provide to ACN advising

You that your invoice is available on the Customer Portal , indicating the amount of the invoice

and including a hyperlink to the Customer Portal. All invoices shall be available on the Customer

Portal for 12 months from the date of issue and are accessible 24 hours a day, 7 days a week in

electronic format. Upon written request, ACN will issue you paper invoices.

26. You must advise us 14 days in advance if your billing or email address changes. You can change

your information using the Customer Portal or by contacting Customer Services. You are

responsible for invoices sent to your prior billing or email address if You do not tell us of a

change. ACN is not responsible if an invoice or email is not delivered for reasons outside our

control.

27. You can request standard or itemised invoices. Standard invoices summarize your telephone

usage. Itemised invoices provide details of the telephone numbers that You call.

28. You can choose how You will pay your invoices when You submit this Agreement or at any time

by using the Customer Portal or contacting Customer Services. Available payment methods may

vary depending on the ACN Service or ACN Equipment that You purchase. If You pay by credit or

debit card or direct debit, ACN will withdraw your payment on the due date of your invoice. If

You have chosen to pay by credit or debit card or direct debit, your payment method will be

indicated on your invoices. A Charge is applied in connection with the payment of each invoice.

This Charge will be credited if you use a recurring payment method such as direct debit or credit

card. See the Price List for more details.

29. If You pay ACN by credit or debit card or direct debit, You must authorise ACN to automatically

charge your credit or debit card or debit your bank account. The full amount of the Charges due

will be charged to your credit card or debited from your bank account each month on or before

the due date. You authorize ACN to charge Your credit card at the time of subscription. In the

event you switch your payment method to direct debit but a payment is later rejected, ACN will

be entitled to charge the full amount outstanding to your credit card. You will be subject to a

Charge (as set forth in the Price List) if your payment is rejected or cancelled. ACN will also

recover from You any costs, fees, or expenses we incur as a result of a failed payment.

30. You agree to pay all Charges by the due date indicated on the invoice. If You pay after the due

date, You will be subject to a Charge (as set forth in the Price List) to compensate ACN for your

breach of this Agreement. Alternatively, ACN may charge You default interest on any overdue




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amount at the rate of up to 3 times the legal interest rate. ACN will also recover from You any

costs, fees and expenses we incur to recover unpaid or past due Charges, including fees of debt

collection agencies, filing and court costs, and attorneys’ fees, in accordance with applicable

legal requirements.

31. You are responsible for any Charges for technical assistance for equipment not provided by ACN,

including Charges for labour, materials, and visits from ACN or third-party personnel. You may be

subject to a Charge if a You cancel or miss a scheduled technician visit or the technician is unable

to access your Premises. For some ACN Services, charges for third-party technical assistance are

set by the third-party and are charged to You at ACN’s cost. For JOi Internet and Phone, at your

request, we can refer you to a third party for technical assistance and you will be charged

directly by the third-party for technical assistance.

32. You agree to reimburse ACN in respect of all losses, damages, liabilities, costs, and expenses that

ACN may incur in connection with any breach of your obligations under this Agreement.

33. If You believe that any Charges are incorrect, You may dispute them in writing by contacting

Customer Services. You must pay any Charges that are not disputed. We will not suspend or

terminate your ACN Services while we investigate a bona fide dispute.

34. If You are entitled to a refund of any Charges, the refund will first be used to pay any

outstanding Charges and then will be credited to your Account. If You are no longer a Customer,

ACN will transfer any refund to your designated bank account.

Suspension and Termination for Non-Payment

35. If You do not pay your invoice by the due date, ACN will contact You by post, email, or

telephone to remind You of your obligation to pay. If You fail to pay the invoice by the deadline

stated in the reminder, ACN may suspend your ACN Service. If You fail to pay by the date stated

in a second reminder (which will be provided at least 5 days after the first reminder), ACN may

terminate this Agreement.

36. ACN shall have no liability for any losses or damages resulting from any suspension or

termination pursuant to Clause 35.

Collection and Use of Personal Data

37. ACN collects, maintains, and processes personal data, such as your name, address, and date of

birth, from You (“Personal Data”) within the scope of the law of 6th January 1978 (loi

Informatique et Libertés), as amended, by electronic and non-electronic means in connection

with our performance under this Agreement, compliance with our legal obligations, and other

purposes permitted by law, including (a) the supply of ACN Services and ACN Equipment to You ;

(b) performance by our obligations and exercise our its rights under this Agreement; (c)




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fulfilment of our obligations to ACN Independent Representatives; (d) legal, financial,

accounting, and administrative functions; and (f) protection of ACN’s legal and contractual

rights. You acknowledge that the provision of your Personal Data for these purposes is essential

for ACN’s performance of this Agreement. Your failure to provide your Personal Data and to

keep it current or your withdrawal of consent to use your Personal Data may prevent ACN from

providing ACN Services to You. Except as set forth in this Clause 37 or as required by law, your

Personal Data shall be kept confidential. Your data shall be maintained for as long as permitted

under French law.

38. With your express consent, ACN may use your Personal Data for advertising, marketing, and

offering of other products and services to You by ACN and third parties and You agree to receive

advertising by post, email, or other media. This consent can be withdrawn at any time by

contacting Customer Services.

39. ACN may disclose your name, address, and telephone number to publishers of telephone

directories and providers of directory enquiry services unless You ask ACN not to disclose this

information. If required by law, we may be required to disclose this information even if You ask

us not to do so.

40. You agree that ACN may monitor, record, and archive telephone calls and written

communications between You and ACN for training, service quality, marketing, and legal and

regulatory purposes as long as permitted under French law.

41. You consent to the disclosure of your Personal Data to (a) ACN Europe B.V. and other affiliates of

ACN; (b) their respective employees, external consultants, advisors, and Independent

Representatives; (c) ACN Business Partners; and (d) other third parties as permitted by law. You

acknowledge that some recipients mentioned above may be located in countries outside the

European Union, including the United States, which do not provide adequate data protection

under the law of 6th January 1978 (loi Informatique et Libertés).

42. You agree that your telephone number may be displayed to people that You call. You must

advise ACN in writing if You do not want your telephone number displayed. ACN may always

disclose your name, address, and telephone number to emergency services agencies or as

required by law.

43. In accordance with Articles 39 and 40 of the law of 6th January 1978 (loi Informatique et

Libertés) as amended, You have the right to access, modify and withdraw your personal data by

notifying ACN by written post at the following address: /11, allée de l’Arche, Tour Egée, Paris La

Défense, 92671 Courbevoie Cedex. You agree to update your Personal Data should it change by

using the Customer Portal or by contacting Customer Services.




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Directory Listings and Enquiry Services

48. If You purchase Line Rental or internet telephony service as part of the JOi Internet and Phone

Service, You may have your phone number listed in a phone book. You have the following rights:

(a) not to be included on a list of subscribers or users published or consulted by general

directory services;

(b) not to publish your complete address;

(c) not to have personal details extracted from a subscribers or users list used for direct

marketing purposes and sent by mail or email, except to provide the ACN Service and if it

falls within this Agreement; and

(d) not to have your details included on subscriber or user lists for reverse search purposes;

(e) to request to be included in the list excluding direct marketing by phone (“démarchage

téléphonique”).

Suspension of Service

49. ACN may suspend the ACN Services for non-payment as set forth in Clause 35.

50. ACN may suspend the ACN Services or terminate this Agreement immediately and without prior

notice to You if (a) You are in material or repeated breach of this Agreement, where repeated

breach means three (3) or more breaches in any six-month period; (b) You engage in actions that

compromise the stability, security, or operability of the ACN Services, violate the Acceptable

Usage Policy, or indicate potential misuse, fraud, or uncharacteristic or excessive use as defined

in the Acceptable Usage Policy ; (c) ACN suspects fraud by a third party; (d) required by an order,

instruction, or request from a governmental agency; or (e) ACN becomes unable to supply the

ACN Services for Force Majeure Events.

51. ACN may be required to suspend all or part of ACN Services to conduct scheduled network

maintenance and service improvement. ACN will make reasonable efforts to notify You in

advance and keep the disruption to a minimum

52. If your ACN Services are suspended, You will be unable to make outbound calls except for calls

to emergency services, free services and Customer Services. For CPS and Line Rental, You will

continue to receive inbound calls; for DPS and JOi Internet and Phone Services, inbound calls will

be blocked. If You purchase Line Rental from ACN, services from other telecommunications

providers that depend on a fixed telephone line, such as home security systems and dial-up

Internet access, may also be affected.




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53. If your ACN Services are suspended, You must contact Customer Services to determine what

actions You need to take to reinstate service.

54. If your ACN Services are suspended as a result of your actions or omissions, You agree (a) to pay

all Charges during the period of suspension; (b) to reimburse ACN for all fees, costs, and

expenses incurred by ACN as a result of the suspension and any reconnection; (c) that ACN is not

responsible for any losses You may suffer; and (d) to pay a Charge as set forth in the Price List for

the reconnection of your ACN Service.

55. Suspension of the ACN Services by ACN shall not prevent ACN from terminating this Agreement

pursuant to Clause 62.

Exercising Your Right of Retraction

56. In accordance with Articles L.121-21 and subsequent of the Code de la Consommation, You have

the right to retract this Agreement for any reason within 14 days from the Order Date .If You

purchased ACN Equipment, You may retract this Agreement within 14 days from receipt of the

ACN Equipment. This period is referred to as the Délai de Rétractation. If You have purchased a

Joint Service, You may not retract only one component of the Joint Service. For example, ACN

Line Rental is only provided together with ACN CPS and JOi Internet and Phone are only provided

together.

57. To exercise your right of retraction, You must You must either send the Modèle de formulaire de

rètraction or other written communication to ACN or call Customer Services and confirm your

withdrawal in writing. . You may use the Modèle de formulaire de rètraction available on the

Customer Portal, but You are not required to do so.

58. If You exercise your retraction right, we will reimburse any payment received from You,

including the cost of delivery of ACN Equipment to You, within 14 days from the date on which

we were informed of your decision to retract this Agreement. Unless agreed otherwise, We will

reimburse You using the same means of payment that You used to pay Us.

59. If You purchased ACN Equipment, You must return it to ACN within14 days of retraction to

obtain a refund unless ACN directs You otherwise. We may withhold reimbursement until we

receive the ACN Equipment or You provide evidence that You have shipped it to Us. You will be

charged a shipping fee as outlined in the Price List for the cost of return shipping. If You

damage or fail to return the ACN Equipment, You will be charged the full retail price as set forth

on the Price List.

60. If You request We begin providing your ACN Services during the Délai de Rétractation, and We

have begun providing your ACN Services, you may still exercise your right of retraction. In this

situation, You are required to pay Us an amount proportionate to the services provided to You

until You give notice of retraction.




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Termination of this Agreement

61. After the expiration of the Délai de Rétractation, You may terminate this Agreement at any time

for any reason by providing ten (10) days notice in writing or by calling Customer Services and

confirming your cancellation in writing. If Your ACN Service is subject to an initial term as set

forth in Clause 4 and and You terminate during such Initial Term, You may be required to pay

compensation to ACN as set forth in Clause 64. You may terminate this Agreement at any time

without penalty under the specific instances that are permissible under French law.

62. ACN may terminate this Agreement under Clause 35 if You fail to pay an invoice, or if You

otherwise breach this Agreement. ACN may terminate indefinite Agreements at any other time

for any reason by giving You 10 (ten) days written notice.

63. Termination of this Agreement (or the exercise of your right of retraction) will result in

disconnection of your ACN Services. In the event You terminate the Agreement for whatever

reasons, Pursuant to Article L.121-84-2 of the Consumer Code, your Service will be terminated

within ten (10) days from ACN’s receipt of your request for termination, unless you request

termination be postponed, up to a maximum of six months. If You receive CPS from ACN, You

will be unable to make outbound calls, except to emergency services and certain other numbers.

You will be able to receive inbound calls. If You receive DPS, Line Rental or JOi Internet and

Phone from ACN, You will be unable to make or receive calls and unable to use the internet. If

You receive Line Rental from ACN, services from other telecommunications providers that

depend on a fixed telephone line, such as dial-up Internet access and home security systems,

also will not function. Subject to applicable rules and regulations, You also may lose your

telephone number and be unable to reclaim it.

64. Upon termination, ACN will send You a final invoice. You agree to pay all Charges through the

date of termination. If You terminate during the Initial Term of an ACN Service, You also agree to

pay ACN compensation for early termination which may consist of (a) any remaining Charges for

ACN Equipment; (b) any remaining monthly recurring Charges for the terminated ACN Service

through the end of the Initial Term; (c) any waivable Charges (such as activation Charges) or

discounts that You received for the terminated ACN Service; and (d) any deactivation costs such

as technical closing costs. The Charge may vary depending on your ACN Service. See the

applicable Price List for details. If You are owed a refund, ACN will deduct any amount that You

owe under this Agreement. ACN shall refund to You any credit amount outstanding within ten

(10) days after payment of the final invoice , offsetting in accordance with Articles 1289 and

following the Civil Code, the undisputed amounts due to ACN.




FR-COMBIT&C-114

Changes to this Agreement

Changes by ACN

65. ACN may change the terms or Charges by notifying You at least one (1) month in advance before

this change enters into force. ACN may make changes without advance notice to meet legal or

regulatory requirements. If You do not accept any change (except for changes required by law),

You have the right to terminate this Agreement by giving written notice to ACN within four (4)

months after the change’s entry into force. In this case You will terminate the Agreement

without paying penalties and without ACN being entitled to compensation. If You continue to

use ACN Services after this period of four (4) months, You are deemed to have accepted the

changes.

66. ACN may change your calling plan based on your usage of ACN Services or for other reasons

within ACN’s reasonable discretion. ACN will provide notice of any such change with details of

your new calling plan. In such event You have the right to terminate this Agreement pursuant to

Clause 65.

Changes by You

67. You may change your ACN Services by using the Customer Portal or contacting Customer

Services, We will inform You of the financial consequences of any change. You may be required

to enter into a new Agreement with a new Initial Term and may be subject to a Charge if You

add ACN Services or change your calling plan. See the Price List for more details. You may be

required to pay compensation if You remove an ACN Service during its Initial Term.

68. If You move house and want to take your ACN Services with You, contact Customer Services at

least 14 business days before You move. ACN will assist You to transfer your ACN Services to

your new home unless You move to a location where your ACN Service cannot be delivered. You

may have to pay a Charge (as set forth in the Price List) to transfer your ACN Services.

Limitation of Liability

69. ACN is not responsible for any loss that You may suffer arising from negligence, breach of

contract, misrepresentation, loss or unavailability of ACN Services, or other reason for any loss of

profits, sales, turnover, contracts or customers, reputational damage, loss or damage to

software, data, information, or computer or other equipment, lost management or staff time,

any indirect or consequential loss, or any other loss that could not have been reasonably

foreseeable by ACN. ACN Services are intended for personal use and we are not responsible for

any losses if You use ACN Services for business purposes. ACN is not liable to You for any

statements, acts, or omissions of ACN Independent Representatives that violate applicable laws

and regulations or the Independent Representatives’ legal or contractual obligations to ACN.




FR-COMBIT&C-114

70. ACN will have no liability if You (a) use the ACN Services or ACN Equipment in breach of this

Agreement; (b) alter the ACN Service or ACN Equipment; or (c) use the ACN Services or ACN

Equipment under any abnormal or incorrect operating conditions.

71. Nothing in Clauses 69-70 limits our liability if You are injured or die as a result of ACN’s

negligence.

Additional Information

72. Pursuant to Decree 2007-1467 of 16 October 2007, Customer is informed that ACN Equipment

should not be disposed of with unsorted waste due to the presence of hazardous substances in

electronic equipment which may have potential effects on the environment and health. Please

contact Customer Service for details on the return and collection systems available to you.

Dispute resolution

73. If You dispute a Charge or any other aspect of your ACN Service, You must contact Customer

Services at the following address: ACN Communications France, 9/11 allée de l’Arche, Tour Egée,

Paris La Défense, 92671 Courbevoie Cedex. For JOi Internet and Phone Service, you can call

Customer Service at 05 35 900 121. To contact ACN Customer Service regarding any other ACN

Service, you can call : 01 82 634 333. You can also contact ACN Customer Service on the

Customer Portal via Ichat or email. Please provide all relevant information required to resolve

your dispute (e.g. Account information, name, address). ACN will try to resolve any dispute that

You may have within thirty (30) days. We will respond to You in writing if we resolve a dispute

not in your favour.

74. If you are not satisfied with a resolution of your dispute by ACN Customer Services, you may

refer your dispute to the Ombudsman of electronic communications (www.mediateur-

telecom.fr) with a registered address at BP 999, 75829 Paris Cedex 17.

Governing law and jurisdiction

75. This Agreement and all rights and obligations arising out of it are governed by French law.. You

may bring a claim against ACN in any competent court as set forth in Article L.141-5 of the Code

de la Consommation.

76. The failure of one of the parties to exercise or enforce any right, power, or remedy under this

Agreement shall not operate as a waiver.

77. Any notice to be given may be served by e-mail, post or any other legally permissible means.

http://www.mediateur-telecom.fr/

http://www.mediateur-telecom.fr/




FR-COMBIT&C-114

78. This Agreement is personal to You and may not be assigned by You. ACN may take instructions

regarding your Account from any person that we believe is acting with your permission. ACN

may assign this Agreement without notice or consent.

79. If any provision of this Agreement is deemed illegal, invalid or unenforceable, the remaining

provisions of this Agreement shall not be affected.

Additional DPS Terms and Conditions


SAS au capital social de €37 000, RCS PARIS B 451 364 889 Page 1

FR-COMBIT&C-114


These DPS Terms and Conditions apply to ACN’s supply of Digital Phone Service and associated ACN

Equipment. These DPS Terms and Conditions supplement ACN’s Standard Terms and Conditions. In

the event of conflict between these DPS Terms and Conditions and the Standard Terms and

Conditions, this document prevails.

General Conditions of Use of DPS

1. ACN Digital Phone Service works only with the ACN Videophone or ACN Digital Phone Service

Phone Adaptors purchased in Europe. The ACN Digital Phone Service Phone Adaptor does not

allow video calls. You may use ACN Equipment purchased from ACN or another person. ACN

Equipment will not function with other telephony services.

2. DPS requires a broadband Internet connection and a constant electrical supply. Information on

Internet speed requirements for DPS can be found on the Customer Portal. DPS will not function

if your Internet connection or power supply is unavailable. Any subscription or usage-based fees

charged by your Internet service provider are in addition to the ACN Charges for your DPS and

are solely your responsibility. Use of DPS may result in usage charges from your Internet service

provider. ACN is not liable for service outages attributable to your Internet Service Provider’s

“ISP” network malfunctioning or for any intentional or inadvertent blocking of internet ports by

the ISP.

3. DPS is provided as an additional telephone line and is not a replacement for your fixed line

telephone service. DPS does not support fax transmission, alarm and security systems, credit or

debit card and cash payment systems, cash dispensing machines, or other services that require a

fixed line telephone connection. Calls to some special numbers, premium numbers, directory

services, and certain international numbers may not be permitted. A list of blocked numbers is

available on the Customer Portal.

4. DPS may be used at locations other than the Premises (called “nomadic” use) if permitted by law

and if You have a broadband connection. ACN cannot provide customer or technical support if

You use DPS or ACN Equipment in countries other than those in which ACN or its affiliates are

authorized to operate.

5. You may not have more than one DPS connection active at any time unless You have more than

one DPS Account.

6. ACN does not provide directory listings or enquiry services.

7. If You use DPS for incoming and outgoing calls, You may trigger data traffic which is payable to

the internet provider. If, as a result of your fault or for reasons beyond ACN’s responsibility, a




FR-COMBIT&C-114

call cannot be routed via DPS, such a call may be routed and invoiced by your existing fixed

telephony service provider.

8. DPS may be temporarily unavailable due to software, equipment and network upgrades. In such

cases, ACN will, except in emergency cases or any other event beyond ACN’s reasonable control,

inform the customer of such unavailability on the Customer Portal at least 24 hours prior notice.

ACN will also limit the number of such interruptions to 8 per year of a maximum cumulated

duration of 40 hours. ACN will endeavour to schedule such interruptions at times that are less

convenient to the Customer.

9. In the event that ACN is unable to provide You with DPS within 4 weeks from your date of

receipt of ACN Equipment, and this failure lasts for more than 7 days due to a reason

attributable to ACN, You may terminate this Agreement and will be reimbursed all monies paid

to ACN. Alternatively, You may apply for a payment of a lump sum of EUR 5 including VAT,

notwithstanding any other remedies available.

10. During the Initial Term, You may terminate the Agreement at any time with prior written notice

of 10 calendar days. Charges will be due for the remainder of the Agreement. However, You may

terminate this Agreement at any time without penalty under the specific instances that are

permissible under French law (i.e., death, emigration). After the Initial Term, You may terminate

this Agreement at any time with 10 calendar days’ written notice.

Delivery of ACN Equipment and DPS

11. If your chosen ACN Equipment is unavailable, we will advise You that You may select alternative

ACN Equipment (prices for ACN Equipment vary) or terminate this Agreement. If You terminate

this Agreement pursuant to this Clause 11, ACN will refund any amounts paid.

12. ACN retains ownership of ACN Equipment until it is delivered to You and You have paid for it in

full. Once ACN Equipment is delivered to your Premises, You are responsible for any damage or

loss to it. Before You have paid for your ACN Equipment, You may not sell or transfer it to any

other person.

13. Once your DPS Agreement is accepted, ACN will provide You with a telephone number to make

and receive calls. Depending on your service address, technical specifications, and legal

requirements, ACN will provide a geographic or non-geographic number. In some cases, You may

be able to transfer your current telephone number to DPS.

Installation of ACN Equipment and ACN Digital Phone Service

14. You must install the ACN Equipment and ACN Digital Phone Service according to the instructions

in the Quick Install Guide provided with your ACN Equipment. ACN shall have no liability for

failure or improper functioning of ACN Equipment or DPS if You install the ACN Equipment




FR-COMBIT&C-114

incorrectly or if the problem is caused by a service or equipment provided by You or another

communications provider.

Limited Warranty for ACN Equipment

15. ACN Equipment that You purchase directly from us is guaranteed to be free from defects in

workmanship and materials under normal usage for 24 months from the date of purchase (the

“Limited Warranty”). ACN will, at its discretion, repair or replace defective ACN Equipment

without Charge during this period. The Limited Warranty is in addition to any rights granted by

European, national, or local laws for the sale of consumer goods. The Limited Warranty does not

apply if You purchase ACN Equipment from other persons.

16. To submit a claim under this Limited Warranty, You must contact Customer Services to obtain a

Returned Merchandise Authorisation and instructions on how to send the ACN Equipment to

ACN. You must provide a written explanation of the problem. The ACN Equipment must be

returned in its original package and with all original contents. Failure to follow these procedures

may result in rejection of your claim and the return to You of the affected Equipment at your

cost. If You return ACN Equipment that is found to be working or that is not covered by this

Limited Warranty, ACN will return it to You at your cost.

17. This Limited Warranty is personal You and is not transferable to any other person. It does not

apply if the ACN Equipment has been (a) lost or stolen; (b) repaired or altered by someone other

than ACN; or (c) damaged by (i) normal wear and tear; (ii) abuse, misuse, neglect, accidents, or

exposure to moisture or extreme heat or cold; (iii) non-compliance with the Quick Install Guide

or other instructions from ACN; or (iv) any event beyond ACN’s control. The Limited Warranty

does not cover physical damage that does not affect the operation of the ACN Equipment.

18. Notwithstanding the Limited Warranty, ACN shall guarantee ACN Equipment against any hidden

defects as provided for in Articles 1641 to 1649 of the French Civil Code.

Accordingly, as provided for by Article 1641:

ACN is liable for a warranty on account of the hidden defects rendering unfit for the use for

which it was intended, or which so impair that use that the buyer would not have acquired

it, or would only have given a lesser price for it, had he known of them.

Pursuant to Article 1648: The action resulting from damages for inherent defects must be

brought by the buyer within a period of two years following the discovery of the defect.

Moreover, ACN shall provide a warranty of conformity as provided for by Articles L. 211-4, L.

211-5 and L. 211-12 of the French Consumer Codes which provides as follows:




FR-COMBIT&C-114

Article L. 211-4 of the French Consumer Code:

The seller is required to deliver a product which conforms to the contract and is held liable

for any lack of conformity which exists upon delivery.

He is also held liable for any lack of conformity caused by the packaging or the assembly

instructions, or the installation if he assumed responsibility therefore or had it carried out

under his responsibility.


To conform to the contract, the product must:

1. Be suitable for the purpose usually associated with such a product and, if applicable:

- correspond to the description given by the seller and have the features that the seller

presented to the buyer in the form of a sample or model;

- have the features that a buyer might reasonably expect it to have considering the public

statements made by the seller, the producer or his representative, including advertising

and labelling;

2. Or have the features defined by mutual agreement between the parties or be suitable for

any special requirement of the buyer which was made known to the seller and which the

latter agreed to.


Action resulting from lack of conformity lapses two years after delivery of the product.

Emergency Calls

19. DPS allows calls to emergency service numbers such as 112, however, access to emergency

services is subject to limitations that may not apply to fixed line telephones. Calls to emergency

services may fail if your Internet connection is unavailable or if there is a power outage.

Emergency services operators may not be able to locate You automatically if You call them using

DPS. You agree to provide ACN with the address where You use your ACN Equipment so that

location information can be provided to the emergency services. If You use DPS at a different

location, You must update your location information with ACN. If You do not update your

location, the information provided to the emergency services may be incorrect.

20. ACN is not liable for any direct or indirect damages, including consequential damages, arising

from the non-connection, non-functioning, or disruption of calls to emergency services using

DPS or for the correctness of location information provided to the emergency services.




FR-COMBIT&C-114

Charges and Payment

21. You will be sent electronic invoices for your DPS and ACN Equipment. Upon written request, ACN

will issue you a paper invoice for the month(s) specified in the request. All invoices shall be

available on the Customer Portal for 12 months from the date of issue and are accessible 24

hours a day, 7 days a week in electronic format. Upon written request, ACN will send an itemised

invoice which will reproduce the entire 10 digit number or omit the last 4 digits. Invoices are

supported by an electronic certificate to guarantee the authenticity of their origin and integrity

of their content.

22. If You choose to pay by direct debit or credit or debit card, You must send ACN a written debit

authorisation within 5 days following the online order, If You fail to send such authorisation, the

Agreement may be cancelled.

23. Late payments may trigger the application of interest at 3 times the legal interest rate as

applicable at the time of issuance of the invoice, after notification by ACN by registered letter

with acknowledgment of receipt remained uncured for 15 days as from the date it is sent. This

default interest shall be computed as of the day following the amount’s due date until its full

payment, notwithstanding any other remedies that may be available to ACN.

24. If You purchase ACN Equipment, You must pay for the ACN Equipment in full before your

Agreement will be accepted. ACN will process your payment when the ACN Equipment is

shipped and will send You a notice by email that your invoice is available on the Customer Portal.

If your payment is rejected or cancelled, ACN will attempt to contact You for another form of

payment. If You fail to provide another form of payment within 14 days of being notified your

payment was rejected, ACN may suspend shipment of ACN Equipment or terminate this

Agreement. If shipment has already occurred, You must return the ACN Equipment at your cost.

JOi Internet and Phone – Additional Terms and Conditions



FR-COMBIT&C-114


These JOi Internet and Phone Additional Terms and Conditions apply to ACN’s supply of JOi Internet

and Phone Service. These JOi Internet and Phone Additional Terms and Conditions are in addition to

ACN’s Standard Terms and Conditions. You should read both documents and in the event of conflict

between these JOi Internet and Phone Additional Terms and Conditions and the Standard Terms and

Conditions, this document prevails.

Ordering Your ACN JOi Internet and Phone

1. JOi Internet and Phone may only be ordered online through the Customer Portal. JOi Internet

and Phone is a packaged service consisting of ADSL Internet access and Internet-based voice

telephony. JOi Internet and Phone is available only as a package; the component services are not

available for purchase separately. You must have an Internet-capable device with a network card

to use the JOi Internet and Phone service.

JOi Internet and Phone Services

JOi Internet: The JOi Internet and Phone Service includes ADSL Internet. The download speed ADSL

synchronization guaranteed by ACN is between 512 Kbps and 20 Mbps depending in particular on

the characteristics and the quality of the telephone line and on the distance of the installation with

the telephone exchange. The download speed ADSL synchronization is the speed of the information

received by the Modem from the network.

The maximum speed available at your Premises depends on factors outside ACN’s control including

but not limited to the length and condition of the internal and external wiring at the Premises, the

distance from the telephone exchange, the data transmission protocol and the external noise and

inference that could affect the signal at the telephone exchange itself.

JOi Phone: JOi Internet and Phone includes a Voice Over Internet Telephony (VOIP) Service. VOIP

works like regular telephony but is subject to certain limitations as further specified in Clause 16 of

these Additional Terms and Conditions.

Use of the JOi Internet and Phone

2. The JOi Internet and Phone works only with the JOi Internet and Phone Equipment.

3. If You currently receive internet from another provider, You may request Us to provision JOi

Internet and Phone Service at a future date up to 60 days after the Order Date. If You do not

specify a provisioning date, the JOi Internet and Phone will be provisioned by ACN as provided in

Clause 16 of the Standard Terms and Conditions.




FR-COMBIT&C-114

4. ACN will provide You with an IP address for use with the Internet Bundle. The IP address can

change per session, is for your own personal use with JOi Internet and Phone and may not be

used by third parties. ACN reserves all rights to the IP address other than the right of use.

5. JOi Internet and Phone does not support fax transmission, alarm and security systems, credit or

debit card and cash payment systems, cash dispensing machines, or other services that require a

fixed line telephone connection.

6. JOi Internet and Phone may not be used at locations other than the Premises.

7. You may not have more than one JOi Internet and Phone connection active at any time per

Account.

8. ACN does not exercise control over the websites, emails, audiovisual programs, conversations or

data You access through use of JOi Internet and Phone Services. You should take all necessary

safety precautions to limit a minor’s access to undesired websites, including use of ‘parental

control’ software. If you choose to order parental control software as part of your JOi Internet

and Phone Services, then following activation of your JOi Internet and Phone, You will receive

email confirmation and installation instructions for the parental control software. By

downloading the optional parental control software, You agree to use the software in

accordance with the instructions provided.

Rental of JOi Internet and Phone Equipment

9. ACN leases You JOi Internet and Phone Equipment for the duration of the Agreement. You will

be charged a monthly fee for leasing the JOi Internet and Phone Equipment as outlined in the

Price List. ACN is not bound to make available a new (not used) item or the latest version of the

equipment included in JOi Internet and Phone Equipment.

Installation of JOi Internet and Phone

10. You can install JOi Internet and Phone Equipment yourself, following the instructions provided

by ACN in the User Guide. Alternatively, You can order installation of JOi Internet and Phone

Equipment to be done by an technician. ACN does not provide installation services for JOi

Internet and Phone but can refer you to a preferred installation company. Contact ACN

Customer Service for details.

11. The installation and delivery of JOi Internet and Phone can impact existing services on your

internet and/or fixed phone line infrastructure and your current non-ACN services on the same

infrastructure.

12. ACN is not liable for any direct or indirect damages, including consequential damages, arising

from the (temporary) non-functioning of these services.




FR-COMBIT&C-114

Intellectual Property and Protection of the JOi Internet and Phone Equipment

13. You only obtain a non-exclusive and non-transferable right to make use of the internet modem,

relating user documentation and any software for the duration of the Agreement, insofar as

necessary to be able to make use of the Service. The (intellectual) property rights remain with

ACN or ACN Business Partners. ACN is permitted at all times to take back the JOi Internet and

Phone Equipment.

14. You are not permitted to resell or sublet JOi Internet and Phone Equipment to third parties or to

make it available under another title. If third parties wish to assert rights with regard to JOi

Internet and Phone Equipment or wish to take measures such as confiscation, You need to

inform ACN about this circumstance immediately.

15. You should place JOi Internet and Phone Equipment in a secure and suitable (dry and non-

vibrating) location. You will leave any model and serial numbers, logo and/or other marketing

material unimpeded. You are responsible for any damage or loss to JOi Internet and Phone

Equipment and will be charged the full retail price as set forth on the Price List for such loss or

irreparable damage.

Access to Emergency Services

16. JOi Internet and Phone allows calls to emergency service numbers such as 112; however, access

to emergency services may be subject to limitations that may not apply to fixed line telephones.

Calls to emergency services may fail if your Internet connection is unavailable or if there is a

power outage. The JOi Internet and Phone should be used only at the Premises of record with

ACN. If You use the JOi Internet and Phone at another location, information provided to the

emergency services may be incorrect. You should advise members of your household and

visitors of these limitations. ACN is not liable for any direct or indirect damages, including

consequential damages, arising from the non-connection, non-functioning, or disruption of calls

to emergency services using JOi Internet and Phone or for the correctness of location

information provided to the emergency services.

Charges and Payment

17. You will receive electronic invoices for your JOi Internet and Phone service and JOi Internet and

Phone Equipment as described in Clause 25 of the Standard Terms and Conditions.




FR-COMBIT&C-114

Service Disruptions

18. If your actions, whether intentional or negligent, cause an interruption in your JOi Internet and

Phone, ACN may assess a Charge on You for the cost of investigating and resolving the

interruption. Likewise, ACN may seek recovery of its costs from You if your actions disrupt other

customers’ service.

19. ACN may change the technical features of the JOi Internet and Phone, the JOi Internet and

Phone Equipment, or the electronic communication network to comply with applicable law,

regulations, industry requirements or recommendations, or to upgrade software, equipment, or

networks. These actions may temporarily disrupt your use of the JOi Internet and Phone. ACN

will attempt to minimize the impact of these actions on your use of the JOi Internet and Phone.

ACN will endeavor to give you advance notice of planned service interruptions.

Use of the Service

20. You are not permitted to publish, multiply or use the JOi Internet and Phone, or Internet

connection/signal in any way other than for a strictly personal and domestic purpose. It is not

permitted to share or extend the Internet connection/signals with/to other households,

including rooms in student houses and other collective housing.

21. You may only use JOi Internet and Phone for regular consumer use and in compliance with

Section 13 of the Standard Terms and Conditions and the Acceptable Use Policy. ACN is

permitted to remind You that in case this excessive use is continued, ACN has the right to charge

the use exceeding the standards, if following ACN notifying you of excessive use, you continue to

exceed these standards.

22. You shall not perform or fail to perform actions which You know or reasonably should have

known would result in use that is punishable and/or unlawful towards ACN and/or third parties.

23. You agree to abide by the terms and conditions of the licenses for any software used in

connection with JOi Internet and will obtain all prior necessary authorizations for from rights

holders of works which you may access as part of your JOi Internet (texts, images, videos, sounds

or any other item protected).

24. Due to the characteristics of the JOi Internet (Modem with WiFi integrated), ACN Business

Partners have adapted some of its softwares from the free softwares of the GNU Project General

Public License. If You wish to use these free softwares, You have to acknowledge and to accept

the terms and conditions of the Licensing Agreement of the GNU General Public License,

available on http://www.gnu.org/copyleft/gpl.html or if necessary with the Free Software

Foundation Inc, 59 Temple Place, Suite 330, Boston, MA 02111-1307, United States, whose a

French translation is available on http://www.linux-france.org/article/these/gpl.html. You also

recognize that these programs are distributed with any explicit or implicit guarantee including

http://www.gnu.org/copyleft/gpl.html

http://www.linux-france.org/article/these/gpl.html




FR-COMBIT&C-114

without any guarantee in terms of commercialization or adaption for a specific purpose. You

declare to be informed that You can have access to the source codes of the these softwares on

the site http://www.efixo.com/neufbox4/freesoftware/ or by making a written request to the

Technical and Commercial Support Service within the 3 months following the reception of the

Modem with WiFi integrated.

25. In using JOi Internet as part of your JOi Internet and Phone Service, You agree to adhere to the

following requirements in addition to the requirements contained in the Standard Terms and

Conditions:

(a) You shall adhere to the AUP and all applicable laws and regulations;

(b) You shall not use ACN Services for illegal or fraudulent purposes or in a manner contrary to

the public order or morality, including file sharing or publication or distribution of child

pornography, pedophilia or violent elements, whose content is likely to be viewed by

minors,

(c) You shall not use ACN Services to incite any violent activity, including racial hatred, crimes

against humanity or terrorism;

(d) You shall not limit, hinder, or interfere with the use of the JOi Internet and Phone by other

users of the JOi Internet and Phone or co-users of the infrastructure on which the JOi

Internet and Phone is based, with regard to their access to the JOi Internet and Phone

and/or use of the Service;

(e) You shall not infringe the legitimate interests (including property or privacy rights ) of third

parties or of ACN or ACN Business Partners, particularly by way of insult or defamation;

(f) You must comply with Article L.336-3 of the Code of Intellectual Property and shall not

infringe the intellectual property rights of ACN or any third party. In accordance with Article

5 of Law No. 2009-669 of 12 June 2009 to promote the dissemination and protection of

creative works on the Internet, You are informed that a breach of copyright and neighboring

rights by You or any user of your Internet, is a punishable offense of criminal penalties

provided for in Articles L. 335-2, L. 335-3, L. 335-6 and L. 335-7 of the Intellectual Property

Code. You also may incur civil penalties for damages suffered by the beneficiaries under this

offense. You are further informed that in the case of a suspected breach of Article L. 336-3,

the Commission of the High Authority for the dissemination of works and protection of

rights on the Internet (HADOPI Commission) may have ACN suspend your access to the

Internet;

(g) You shall not engage in hacking, spamming, e-bombing, phishing, or similar activities and

shall not circulate any computer viruses, cheval de Troie or other programs designed that

could harm the functioning of the hardware or software of ACN or third parties;

http://www.efixo.com/neufbox4/freesoftware/




FR-COMBIT&C-114

(h) You shall not abuse any access code(s) or attempt to break into security programs connected

to the JOi Internet and Phone;

(i) You shall not represent yourself as another person, for example by using an IP or email

address in such a way that You becomes known as the sender of a third party message

without their permission; and

(j) You shall not develop any commercial activities using the Service.

26. You agree that ACN may suspend or terminate your use of the JOi Internet and Phone Service if

You are violating these obligations. ACN may also report any suspected misuse to the relevant

authorities.

27. You are responsible for taking reasonable measures to protect yourself against common risks

associated with accessing the Internet, including:

(a) Spam (large quantities of unsolicited messages);

(b) Spyware (software that aims to retrieve personal details of subscribers, such as bank

accounts, pin codes or login names);

(c) Trojans and other malware (software aimed at disrupting computer equipment of

subscribers in such a way that data will get lost or will be disclosed to the outside world);

(d) identity hijacking (the use by others of your own identity, for example, because of disclosure

of the password, email address or details with regard to name, address, city or date of birth;

(e) corruption or loss of data; and

(f) undesired websites (availability of or unwanted confrontation with undesired websites, such

as websites that are not suitable for children).

28. ACN does not exercise any control over the websites, emails, conversations audiovisual

programs or any data accessible by You, and shall assume no responsibility about the content,

the nature or the characteristics. It is Your sole responsibility to take all necessary measures to

ensure all the necessary precautions are taken during the use of the JOi Internet which may be

made by a minor (eg restricting access to certain content or files by using of a password). You

are solely responsible for maintaining the confidentiality of the password.

29. ACN assumes no responsibility and is not liable for any direct or indirect damages that may

result from your use of the Internet via JOi Internet and Phone. Your use of the internet is at

your own risk and you are solely responsible for the protection of any information you transmit

over the internet. ACN assumes no responsibility and is not liable for any direct or indirect

damages that may result from your use of the Internet via the JOi Internet and Phone. You




FR-COMBIT&C-114

agree to hold ACN and ACN Business Partners harmless from any claim by third parties as a

result of Your use of the internet. In the event you are excluded from access to the internet due

to improper use of JOi Internet, ACN and ACN Business Partners shall in no event be liable.

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