GREENBUREAU SA

7 rue de Maubeuge
75009 Paris
France

Email : contact@greenbureau.fr
Numéro de TVA : FR82533592820
Numéro SIRET : 533592820

Greenbureau: terms and conditions

PART I: GENERAL PROVISIONS
1. DEFINITIONS
Terms not otherwise defined in these Terms and Conditions have the meaning set forth below:
ChayAll: ChayAll is a registered trademark of Greenbureau S.A. registered in France at INPI under the number 4620776.
Customer: is the subscriber to GreenBureau’s service(s).
Contract: means the subscription plan (or pack) a ChayAll customer subscribed to on the ChayAll, website (available at https://chayall.com). The Contract is subject to these Terms and Conditions, which are expressly incorporated therein
Greenbureau: means Greenbureau S.A., a public limited company registered in Paris under trademark number 533 592 820, whose registered head office is located: 7, rue de Maubeuge, 75 009 Paris.
E-mail: contact@greenbureau.fr
TVA Id: FR82533592820
SIREN Id: 533 592 820
Business Day: means Monday to Friday from 8:30 a.m. to 5:00 p.m. Central European Standard Time, except any day on which banking institutions are authorized or required by law or other governmental action to close.
Operator: means a (mobile) telecommunications service provider which offers voice and data communication services, wireless or not, as well as related services to other Operators and / or to its End Users who hold a subscription.
Third-party Operator : means a telecom operator which delivers a service, including but not limited to instant message, text or voice service, and whose service is embedded into the ChayAll platform to enable ChayAll customers centralized access to various branded instant message or voice services.
Platform: means the ChayAll customer support platform, available at: https://www.chayall.com.

Service for End Users: means the service a Customer offers to End Users using the Greenbureau Platform.
Messaging Traffic: means electronic communication and / or data traffic from and to a mobile phone and / or landline, mobile device, or online application, including but not limited to, SMS, MMS, Push, OTT, RCS messages, and other data communications.
Voice Services: means any voice communication service being transmitted through telecoms and/or Internet networks, be it Voice over IP or Switched Telephone Network (usually Public STN).
End User: means a natural person whom the Customer has authorized to use the Customer's Services for End Users.
Social Media : means the platforms and applications which allow creation and sharing of online content with customers, potential customers or users. Our Customers communicate through their own website and through any social media’s channel. Social Media include, but are not limited to: Facebook, Twitter, LinkedIn, Instagram.
Push Services means services that push content to customer via a pop-up or other notification.

2. ACCEPTANCE OF TERMS AND CONDITIONS
These terms and conditions are entered into by and between you and Greenbureau. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms and Conditions” or “General Conditions”), govern your access to and use of chayall.com and chayall.fr, including any content, functionality, and services offered on or through chayall.com or chayall.fr (the “Service” or “Services”), whether as a guest or a registered user.
Please read the Terms and Conditions carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, available at: https://www.chayall.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Services.

YOU MAY NOT USE THE SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (III) AT LEAST 13 YEARS OF AGE AND HAVE PERMISSION FROM AND ARE DIRECTLY SUPERVISED BY YOUR PARENT OR GUARDIAN, (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES BY APPLICABLE LAW, (D) ARE LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY OR ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.

3. CHANGES TO THE TERMS AND CONDITIONS
Any offer by Greenbureau is devoid of any contractual commitment until it has been accepted by the Customer and Greenbureau. By subscribing to or otherwise accessing the Services, the Customer expressly accepts these Terms and Conditions and our Privacy Policy. Greenbureau reserves the right to change its prices and / or its pricing model or the information published on the Services at any time.
Greenbureau may revise and update these Terms and Conditions from time to time in its sole discretion. All changes are effective immediately when posted, and they apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised General Conditions means that you accept and agree to the changes. You will be notified of any change to these Terms and Conditions and to our Privacy Policy and when necessary prompted to accept them by clicking the “I agree” button.

4. PRICE, PAYMENT AND TAX
4.1 All prices are expressed in Euros (€), United States Dollars (USD) or Canadian dollars (CAD) and exclude tax (turnover / value added tax / sales / or any other tax imposed by the public authorities), which taxes are your sole responsibility as set forth below.
4.2 All subscription plan offer prices are indicated on the Services.
4.3 If the subscription plan guarantees a “fixed” price, Greenbureau will have the right to change this agreed fixed price only after written consent of the Customer, and if the Customer doesn’t agree with the new Service price he’ll be able to cancel his subscription plan and stop using the Service.
4.4 Notwithstanding the provisions of Article 4.3, Greenbureau reserves the right to charge the Customer for any price increase resulting from a modification of the applicable legislation or regulations, or from a messaging purchasing price increase or a change of Operator rates. Any price increase will be subject to prior notification to the Customer.
4.5 Invoices are issued at the beginning of the month and are payable in advance; their amount depends on the plan the Customer subscribed to.
In the event that the Customer has used Customer’s entire messaging pack by the end of the month, the invoice for the following month will include, in addition to the recurring package fee, the excess amount for the preceding period (calculated on the basis of prices indicated in the offer plan documents).
4.6 All invoices are payable by the Customer within five (5) business days after their transmission to the Customer (the invoice’s electronic transmission date will be used as proof of the transmission), by means of the debit/credit card the Customer used on subscribing to the offer, unless the Contract expressly provides another method of payment.
4.7 If the Customer does not pay the Greenbureau invoices within the period of time set forth in Article 4.6, the invoices amounts will automatically be increased by the maximum legal interest amount, without any summons or formal notice being necessary, and a flat collection charge will also be levied (Europe: €40, U.S.A.: $50 (USD), rest of the world: local currency and equivalent to €40 in the local currency).
4.8 The Customer is liable for any applicable sales or value added tax (VAT) and any other tax in relation to its use of the Services.
4.9 The Customer is required to pay any bank service charge (whether imposed by Customer’s own bank, an intermediary bank or Greenbureau’s bank). The amount of money Greenbureau receives shall match the net invoiced amount. The Customer shall remain responsible for the payment of the balance if Greenbureau has received a lower amount of money (than the one invoiced).
4.10 Notwithstanding the provisions of Article 4.3, Greenbureau reserves the right to adjust its plan offers prices on an annual basis at the beginning of each year. With a view to doing so, it uses the annual variations of the World Bank international inflation index (https://data.worldbank.org/indicator/FP.CPI.TOTL.ZG?end=2019&start=1960&view=chart).
4.11 Greenbureau may offset any amount it owes the Customer against amounts the Customer owes Greenbureau.
5. DISPUTE OF OWED AMOUNTS
If a Customer disputes the amount of a Greenbureau invoice, Customer must send written notice to legal@greenbureau.com explaining the reasons for the claim prior to the payment due date set forth in Section 4.6 above. If notice is not received by Greenbureau prior to such payment due date, the amount of the invoice is deemed accepted by the Customer and can no longer be subject to any dispute.
If the dispute is not settled within twenty (20) Business Days following the due date of the invoice, the Parties may agree to submit their dispute to a professional mediator. In this case, the Parties will also have to agree on sharing the cost of the intervention of the designated mediator.
6. CUSTOMER’S OBLIGATIONS
6.1 The Customer shall ensure that a secure and uninterrupted connection exists (at Customer’s own expense) between Customer’s platform and the Greenbureau Platform.
6.2 The Customer shall ensure that only authorized persons have access to the connection described in Section 6.1 above and to the Customer's account and as such must ensure the safe storage of Customer’s credentials. Customer is prohibited from allowing any third party to use the Customer's connection or account.
6.3 The Customer shall use the Services exclusively for the purposes for which they are intended and in accordance with the Contract and these Terms and Conditions. The Services may not be modified unless expressly permitted by Greenbureau in writing.
6.4 The Customer is solely responsible for the content of Customer’s messaging traffic, for the content of all messages sent in connection with the Services (and for ensuring that the End User has expressly chosen to receive (“opted in”) the message in question).
The Customer further agrees not to use the Services in any way that violates any applicable law or regulation including, without limitation, any laws regarding (i) the export of data, software, products and services to and from the US or other countries or to and from prohibited or restricted persons (under U.S. or any other applicable law); (ii) advertising, sales or promotional efforts or practices, redemption, refunds and the provision of your products or services; (iii) unfair and deceptive practices, discriminatory activities, coupons, gift cards/certificates, defective products or services, unclaimed property, alcohol or tobacco, health and safety, fire, and hygiene standards, lotteries, sweepstakes, contests, promotions, donations and charitable giving; or (iv) any particular regulation that might apply to you, including without limitation, the Health Insurance Portability and Accountability Act, the Gramm-Leach-Bliley Act, and European data privacy laws (RGPD).
The Customer shall refrain from sending any unsolicited messages or from posting or otherwise transmitting content that is contrary to good morals, punishable by law or which is, generally speaking, of a fraudulent and / or unlawful nature.
Without limiting the generality of the foregoing, Customers located in the United States further agree to comply with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN SPAM Act”) and shall do the following:
• Accurately identify the person or business who initiated the message in the “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – in any email correspondence sent through the Services.
• Not use the Services to send email correspondence to any recipient without the recipient’s affirmative consent to receive correspondence from you.
• Not use the Services to impersonate any other person, whether actual or fictitious.
• Not use the Services to send any email correspondence with a subject line containing deceptive or misleading content regarding the overall subject matter of the email message.
• Accurately and conspicuously identify your email communication as an advertisement if it is one.
• Include your valid physical address, which, if you are located in the United States, may be a valid post office box meeting the United States Postal Service registration requirements, on all email correspondence sent via the Services.
• Include an “unsubscribe” link on all email correspondence that allows recipients to remove themselves from your mailing list, and you be able to process opt-out requests for at least 30 days after you send your message and honor a recipient’s opt-out request within 10 business days. You may not charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request.
• Not sell or transfer their email addresses of any recipient who has opted out of receiving communications from you, except that you may transfer the addresses to a company you have hired to help you comply with the CAN-SPAM Act (if you are located in the U.S.A.), or the set of regulations known as GDPR (if you are located in the European Union).
6.5 The Customer shall assist with his signup validation process for each service Operator (s) and shall provide all required information. The Customer shall provide Greenbureau with the name (full company name) of the Customer’s company, its address, its registration number (trade registry) and its VAT identification number, as well as the identity of its legal representative. Any change of one or several of these details shall be notified in writing to Greenbureau by the Customer.
6.6 Greenbureau has the right to cooperate fully with any Operator, law enforcement authority, or court order requesting or directing the company to disclose the identity or other information of anyone posting any materials on or through the Services. The Customer acknowledges that Greenbureau may disclose Customer information and take any other necessary or advisable actions that it is required or advised to take in order to comply with applicable law or company policy., including without limitation if the Operators and/or the other relevant authorities compel Greenbureau to disclose Customer data, or other (third) parties data. If Greenbureau requests the Customer to provide information related to such a request, the Customer shall provide the requested information within three (3) Business Days. The Customer is required to assist in Greenbureau’s compliance with applicable law.
7. GUARANTEES
7.1 The Customer guarantees it will comply with all applicable law and the polices set forth herein and expressly agrees that its use of the Services will not interfere with or violate the intellectual property of other rights of any third party.
7.2 The Customer agrees to defend, indemnify, and hold harmless Greenbureau, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to Customer’s violation of these Terms and Conditions or use of the Services other than as expressly authorized herein.
7.3 Greenbureau is not liable for any temporary failure or interruption of its Services, nor is it liable for any loss incurred by the Customer because of the Customer’s failure to comply with the provisions of these Terms and Conditions.
7.4 The Customer remains responsible for the dispatch and/or delivery of the Customer’s instant messages up to the interconnection point with the Greenbureau Platform. The Customer is responsible for the correct encryption and safety of Customer’s messaging traffic as well.
Greenbureau does not guarantee delivery to End Users, nor accurate reception by them of messages after they have left the Platform. Greenbureau doesn’t guarantee the capacity of the system, transmission, reaction times or delivery on behalf of carriers and / or Operators.
Greenbureau does not guarantee the acceptance by an Operator of messaging traffic messages or the maintenance of the connection with Greenbureau by any Operator.
8. SUSPENSION
8.1 In the event of non-compliance by the Customer with any obligation in the Contract, including without limitation these Terms and Conditions, Greenbureau reserves the right to suspend the provision of the Services, without prejudice to the use of all other legal means at its disposal, notably the termination of the Customer’s Contract and / or legal action against the Customer to seek damages.
8.2 As soon as the Customer solves the issue or breach deemed accountable for the suspension of the Service, and upon Customer’s request, Greenbureau will resume the provision of the Services, unless it considers (in its sole and absolute discretion) that, in regard to the nature or frequency of the non-compliance issue with its obligations as the Customer, the provision of the Services to the Customer should end permanently. When and where applicable, the Services activation fees incurred by Greenbureau will be billed to the Customer.
9. CONFIDENTIALITY AND CUSTOMER DATA
The obligations relating to Confidentiality and Customer data within the framework of the Contract and in connection with it are defined in a separate Privacy Policy document available at https://www.chayall.com/privacy-policy
10. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in materials, such as equipment, software, drawings, analyses, documentation, reports and / or offers, as well as all related preparatory materials, developed for the Customer or made available to it by Greenbureau under the Agreement, belong and will belong exclusively to Greenbureau and / or its licensors.
The Customer will benefit only from the user rights and the powers expressly granted to him under the Contract. Customer understands that Customer is also prohibited from publishing, reproducing, or copying the materials obtained from Greenbureau or from processing or altering such materials, unless specifically agreed between Greenbureau and the Customer in writing.
11. RESPONSIBILITY
11.1 The Customer acknowledges that access to the Internet, electronic communications networks and other communications media depends on a few factors (including the availability and reliability of the Services, transmission, authorization and authentication, as well as data protection). Consequently, it is not possible for Greenbureau to guarantee the complete absence of faults and defects in the Services. Greenbureau does not assume any responsibility when an interruption of the Services is due to an event beyond its control, such as an Internet access failure or a failure of radiotelephone and/or telecommunications transmissions services outside the Greenbureau Platform. In the event of a fault or defect in the Services, Greenbureau will use all the means at its disposal to remedy it, in accordance with the telecommunications industry best practices.
11.2 In the event of Greenbureau sustaining damage as a result of an act or failure to act that the Customer has carried out in disregard of the obligations of the present Contract, or the General Conditions, the Customer will be required to compensate Greenbureau for the sustained damage.
11.3 TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NEITHER PARTY MAYBE HELD LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, EVEN IF SUCH PARTY HAD BEEN WARNED OF THE POSSIBLE OCCURRENCE OF SUCH DAMAGE, - INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNATIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOST OF PROFITS, LOSS OF INCOME, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF PARTICULAR IT SERVICES OR EQUIPMENT, LOSS OF MANAGERS’ OR OTHER STAFF’S WORKING TIME, LOSS OF USE, LOSS OF GOODWILL, LOSS OF OPPORTUNITY, ALTERATION OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
11.4 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL EITHER PARTY’S LIABLITY TO THE OTHER EXCEED THE SUM OF:
- AS REGARDS EU RESIDENTS: €2,000 (TWO THOUSAND EUROS);
- AS REGARDS USA RESIDENTS: USD2,500
- REST OF THE WORLD: LOCAL AMOUNT EQUIVALENT TO €2,000 IN THE LOCAL CURRENCY
11.5 The limitations of liability provided for in Articles 11.3 and 11.4 do not apply if and to the extent that the damage is the consequence of willful misconduct or gross negligence on the part of the responsible party, or in the event of death or bodily injury.
11.6 ALL SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY. THE CUSTOMER ACCORDINGLY SUBSCRIBES TO THE CHAYALL SERVICES AS IS, EVEN IN THE EVENT OF BETA VERSION TESTING. ANY LIABILITY OF GREENBUREAU FOR ANY RESULTING LOSS OR DAMAGE WILL THUS BE EXCLUDED.
12. FORCE MAJEURE
12.1 Greenbureau shall not be liable for failure perform its obligations under the Contract or these Terms and Conditions if such failure is caused by any event or condition not reasonably within its control and anticipation, including, without limitation, any intervention or decision of the public authorities, any strike, pandemic, war (declared or undeclared), fire, flood, any terrorist action, disruption of the service, power failure, malfunction of third-party telecommunications devices, any non-execution or late performance by Greenbureau's suppliers or by other third parties whose intervention Greenbureau has requested, as well as any other circumstance that Greenbureau could not reasonably have prevented or avoided and which hinders normal performance of the Contract.
12.2 In the event that Greenbureau is prevented from performing its obligations, it shall inform the Customer thereof within ten (10) Business Days of the occurrence of the case of force majeure.
13. DURATION AND END OF THE CONTRACT
13.1 The Contract ends on the last day of the month which follows the subscription to the Service offer by the Customer.
13.2 After the end of the initial period, the Contract is automatically renewed on a month-to-month basis, unless it is terminated by Greenbureau or the Customer in writing prior to the end of the then-current term. Any notice of termination delivered after the first of the month will become effective in the following month.
The written termination notice shall take one of the following forms: e-mail to legal@greenbureau.com, written exchanges on the Platform through the customer dashboard, or registered mail.
Each party may terminate the Contract in the event of material breach the other party, and only if the latter does not perform its obligations after being sent a thoroughly detailed written notice in which they are being granted ten (10) Business Days to remedy the said breach. The essential obligations of each party are: (i) as regards the Customer, the payment of the Services and the obligations referred to in Article 7, and (ii) as regards Greenbureau, the provision of the Service.
Either party may terminate the Contract, upon notice, in the following cases:
- liquidation or termination of the business of the other party for reasons other than a reorganization or corporate merger;
- a case of force majeure, as referred to in Article 12, which lasts more than twenty (20) Business Days;
- a request from the Operators or any other applicable authority demanding that the Contract be terminated.
13.5 The Customer shall be liable for all fees related to services provided by Greenbureau prior to termination, and such sums shall become immediately payable at the time of termination.
13.6 The provisions which by their nature extend beyond the termination of the Contract shall be enforceable notwithstanding such termination. These relate specifically to Article 7. Guarantees, Article 9. Confidentiality and customer data, Article 10. Intellectual property rights, Article 11. Liability, Article 12. Force majeure and Article 16. Applicable law and disputes.
14. ASSIGNMENT OF RIGHTS AND OBLIGATIONS; SUBCONTRACTING
14.1 Neither party may assign the Contract without the prior written consent of the other party, which shall not be unreasonably withheld; provided, however, that Greenbureau is not obligated to seek permission to assign the Contract (i) to an entity that it controls or which is controlled by it (in which it holds a stake of at least 50%, or which holds a stake of at least 50% of Greenbureau) or (ii) to an entity acquiring substantially all of its assets.
14.2 Third parties can be called upon by Greenbureau to perform the Contract.
15. APPLICABLE LAW AND DISPUTES
15.1 All GreenBureau offers are exclusively governed by French law, except as otherwise set forth in Section 15.3 below.
15.2 All disputes arising from the Contract or these General Conditions, or relating to said Contract or these General Conditions, will be submitted to the competent jurisdiction within the jurisdiction of the courts of Paris, except as otherwise set forth in Section 15.3 below.
15.3. Notwithstanding Article 15.1 or Article 15.2, any Contract (including without limitation these General Conditions) between Greenbureau and a Customer who resides in the United States shall be governed by the laws of the State of New York, and all disputes with such Customer shall be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York.
16 The invalidity or unenforceability of any provision of this Agreement shall not impair the validity or enforceability of any other provision. In such case, the parties will negotiate in good faith with the view to replace the invalid provisions by suitable provisions.

PART II: SPECIFIC SERVICES
23 Social Media and Push Services allow the Customer to communicate with and share information with individual End Users through Social Media applications and / or in-app push messages. The Customer is solely responsible for ensuring sufficient security and protection of the communication and information received and sent to the End User, as well as for the necessary collection of the informed consent of each End User or the legal basis for each operation, before the implementation of the Processing or transmission of information through Social Media channels or push messages. GREENBUREAU EXPRESSLY DISCLAIMS ANY RELATED LIABILITY. SOCIAL MEDIA SERVICES AND PUSH SERVICES ARE PROVIDED BY THIRD PARTY SERVICE PROVIDERS, AND GREENBUREAU ONLY PROVIDES ACCESS TO SOCIAL MEDIA AND PUSH SERVICES "AS IS", WITHOUT ANY WARRANTY WHATSOEVER.
The use of Third-Party Services by the Customer is governed by the terms and conditions of the Operators, organizations and entities which deliver the various services and social media platforms. The Customer is solely responsible for ensuring compliance with said conditions and applicable legislation.
24. VOICE SERVICES
Without limiting the generality of the other obligations set forth herein, if voice services are part of the Services provided to the Customer, the following conditions will apply:
The Customer shall refrain from: (i) the use of the voice services for purposes other than those authorized by Greenbureau, (ii) the violation of the intellectual property rights of third parties, (iii) the abuse of access codes issued by GreenBureau or Third-Party providers or the granting of these codes to third parties, (iv) annoying comments, spamming, insults, activities constituting nuisances, hacking or other attacks, (v) the establishment, on a large scale, of connections to numbers or services fees, (vi) any act which would block payment of the amounts due to Greenbureau, and (vii)using the voice services in a fraudulent or unauthorized manner (and will not allow third parties to use them this way). Greenbureau reserves the right, but is not obligated, to interrupt any of the Customer’s communications in order to prevent or to put an end to fraudulent and / or unauthorized activities, without prior notification and without incurring any liability and in its sole and absolute discretion.
Greenbureau is required to make reasonable efforts to enable interoperability of the Services in order to enable access to telephone numbers from as many networks (operators) as possible. In this respect, Greenbureau relies on the interoperability of Operator services in all countries. Therefore, it cannot guarantee that all telephone numbers on all networks will be reachable at all times.
The Customer is responsible for securing a safe and continuous connection between his own platform and the Greenbureau Platform. The Customer is further responsible for: (a) all messaging traffic sent from the Customer’s system to the Greenbureau Platform (b) all messaging traffic sent from the Customer's account, (c) payment of the total aforementioned messages traffic cost and (d) its own behavior on calls, the destinations of its calls and the messaging traffic sent to and / or via the Greenbureau Platform.
Each time a call is received by the Greenbureau Platform via the Customer's connection, the Customer is required to provide exact information relating to the location from which the call is made and launched (“Caller ID” or “Sender ID "). The failure to provide a Caller ID or Sender ID will be considered an abusive use of the Services by the Customer, and is strictly prohibited. In this case, Greenbureau shall immediately take appropriate action, including billing additional charges to the Customer and suspension or shutting down of the Services.
The Customer commits to compensating Greenbureau and to indemnifying Greenbureau and holding Greenbureau harmless against any liability, loss, damage, actions, sanctions, fines and costs (including all reasonable legal costs) it should incur from the Customer's failure to comply with the provisions of this article.
25. PREPAID ACCOUNT SERVICES
If the Customer uses the Services on a prepaid basis, the following terms will apply for Social Media and Push Services.
Definition of “Prepaid Customer”: if the Customer has subscribed a prepaid account, Customer will be charged in advance for the use of the Services. The Customer can no longer use Paid Services if the balance of his prepaid account is negative.
The Prepaid Customer can use his prepaid call credit only as of the day following day of the date of reception of the payment by GreenBureau. The call credit is valid for twelve (12) months from the date of purchase by the Customer and may not be refunded under any circumstances.
Greenbureau reserves the right to close the Customer's prepaid account in the event of cancellation of a payment made by credit card.
The Customer commits to guaranteeing Greenbureau against the excess consumption of prepaid call credit by any third party and will pay all fees incurred in its account.
Prepaid Customers can terminate their Contract at any time by sending a notification email to: legal@greenbureéau.com. In the event of a call credit remaining at the time of termination of the Contract by the prepaid Customer, this unutilized balance may be returned to him upon his written request.
Greenbureau has the right to refuse the registration of a Prepaid Customer without having to give grounds and to terminate an existing prepaid account in its sole and absolute discretion. A natural or legal person can only register once. A prepaid account will be deleted if it has not been topped up within three (3) months of registration or after the full credit has been consumed.