{"id":1185,"date":"2021-05-09T20:57:42","date_gmt":"2021-05-09T19:57:42","guid":{"rendered":"http:\/\/15.188.228.84\/?page_id=1185"},"modified":"2025-01-28T10:12:05","modified_gmt":"2025-01-28T09:12:05","slug":"terms-conditions","status":"publish","type":"page","link":"https:\/\/business.onoff.app\/en\/terms-conditions\/","title":{"rendered":"Terms conditions"},"content":{"rendered":"\t\t
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GENERAL CONDITIONS OF USE OF ONOFF for Business<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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1. Definitions<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The following terms in the Terms of Use have, unless otherwise specified, the following meanings:<\/span><\/p>

Operator Subscription:<\/b> means the contract for mobile telephony and mobile broadband Internet services signed by the User or by the Company with a third-party operator prior to the use of the Services and independently of ONOFF TELECOM.<\/span><\/p>

Application:<\/b> means any application (including the software called ONOFF Business), developed and operated by ONOFF TELECOM, downloadable on application distribution platforms and allowing the User to benefit from the Services. The term Application also refers to the solution allowing the use of Numbers through applications belonging to third parties (Microsoft Teams or Zoom).<\/span><\/p>

Employee: <\/b>refers to one of the employees (employee or corporate representative) of the Company.<\/span><\/p>

Company Account:<\/b> refers to the account created by the Company in order to define its Employees and, for each of them, the type of Services from which it should benefit.<\/span><\/p>

User Account:<\/b> refers to the Account of the Employee, created by the Manager, and allowing the Employee to use the Application.<\/span><\/p>

Terms of Use:<\/b> refers to these general conditions of use governing, together with the Personal Data Protection Policy and the Fee Schedule, the contractual relations relating to the provision of the Services by ONOFF TELECOM to the Company.<\/span><\/p>

Management Console:<\/b> refers to the tools made available to the Company, via the Website, and allowing a Manager to (1) create the Company Account, (2) list all the Employees likely to benefit from the Services, (3) give them effective access to the Services concerned and (4) subsequently manage the access of these Users to the Services.<\/span><\/p>

User Content:<\/b> means any content posted by the User through the Application.<\/span><\/p>

Contract:<\/b> refers to the contractual set consisting of the Conditions of Use, the Fee Schedule and the Personal Data Protection Policy between ONOFF TELECOM and the Company.<\/span><\/p>

ONOFF Credits:<\/b> refers to credits used to purchase Services, including making phone calls and\/or sending SMS.<\/span><\/p>

Company:<\/b> means any legal person or any natural person acting as a professional, registered in the Trade and Companies Register or in the Trades Register, as well as any public authority or association, likely to open an ONOFF Business Company Account in order to allow its Employees to use the Application.<\/span><\/p>

Fee Schedule:<\/b> means the fee schedule applicable to the Services and available at the address <\/span>https:\/\/business.onoff.app\/pricing.<\/span><\/a><\/p>

Manager: <\/b>refers to an Employee who has the administrative rights of the Company Account and the rights to access the Management Console.<\/span><\/p>

Number(s):<\/b> refers to the mobile telephone number(s) of the national numbering plan assigned to one or more User(s) by means of the Management Console.<\/span><\/p>

ONOFF TELECOM:<\/b> refers to the company ONOFF TELECOM, a simplified joint-stock company, registered in the Paris Trade and Companies Register under the number 832 235 253 and having its registered office at 26 boulevard de Bonne Nouvelle 75010, Paris, France, exercising an activity of operator in the field of telecommunications.<\/span><\/p>

Personal Data Protection Policy:<\/b> refers to the personal data protection policy defined by ONOFF TELECOM and available at <\/span>https:\/\/business.onoff.app\/privacy-policy<\/span><\/a> .<\/span><\/p>

Service(s): <\/b>refers to all secondary contact management and communication services, paid or free, offered by ONOFF TELECOM and accessible from mobile access by the User via the Application in accordance with the Terms of Use.\u00a0<\/span><\/p>

Website:<\/b> means the site accessible at the address <\/span>onoffbusiness.com,<\/span><\/a> operated by ONOFF TELECOM.<\/span><\/p>

User:<\/b> means the holder of a User Account and the holder of a license to use the Application in accordance with the Terms of Use.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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2. Purpose of the Terms of Use<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The Terms of Use apply to the Services marketed and operated by ONOFF TELECOM and are intended to define the practical and financial conditions under which the Company will be able to <\/span>(i)<\/b> create its Company account, <\/span>(ii)<\/b> list all Employees likely to benefit from the Services, <\/span>(iii)<\/b> give them effective access to the Services concerned and <\/span>(iv)<\/b> subsequently manage the access of these Employees to the Services.<\/span><\/p>

ONOFF TELECOM may, by operation of law, modify its service offers and\/or make changes to the Terms of Use without any other formality than to inform the Company in advance by any means at its convenience. In the event that the Company does not wish to accept the application of the new Terms of Use, it may notify its wish to terminate the Contract concluded with ONOFF TELECOM. The fact that the Company does not terminate the Contract will carry its unreserved acceptance of the new version of the Terms of Use. No agreement, general conditions of purchase or commitment may, unless formally and writtenly accepted by ONOFF TELECOM, prevail over the Terms of Use. Any clause to the contrary will, in the absence of express acceptance, be unenforceable against ONOFF TELECOM, regardless of when it may have been brought to the latter’s attention. Only the Conditions of Use, the Fee Schedule and the Personal Data Protection Policy constitute the contractual documents between ONOFF TELECOM and the Company; the other subsequent documents will formalize the necessary steps of the execution of the Services and their follow-up.<\/span><\/p>

Access to the Services is subject to prior acceptance of the Terms of Use. The Company will accept the Terms of Use <\/span>(i)<\/b> by clicking to accept the Terms of Use or <\/span>(ii)<\/b> by creating its Company Account.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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3. Company Account<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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When creating the Company Account through the Management Console, the Company provides a certain amount of information that may include its company name, address, nationality, registration number in the trade and companies register or in the trade register, its intra-EU community VAT number. The Company undertakes to provide the identity and identification documents of its legal representative at the request of ONOFF TELECOM. The Company undertakes to provide truthful information.<\/span><\/p>

In addition, the Company also communicates to ONOFF TELECOM the surname, first name, telephone number and email address of the company account manager (the <\/span>“Manager”),<\/b> and defines a password to secure access to the Company Account.<\/span><\/p>

ONOFF TELECOM reserves the right to request and obtain<\/span> (i)<\/b> a register extract of less than three months or any document containing the legally mandatory information for the designation of the legal person, <\/span>(ii)<\/b> an official document attesting to the capacity of the signatory and the extent of his powers and <\/span>(iii)<\/b> proof of identity of the natural person duly authorized to subscribe to the Contract on behalf of the Company. ONOFF TELECOM reserves the right to request and obtain any other document or information it deems necessary in addition and, in particular for Users, a proof of identity and\/or domicile or the mobile number identifying the mobile access available to the User.<\/span><\/p>

ONOFF TELECOM reserves the right to delete at any time a Company Account that does not comply with the applicable legal provisions, the rights of third parties or that does not comply with the Terms of Use. This would be the case, for example, of a Company Account created on the basis of false information or invalid email addresses.<\/span><\/p>

Once created its Company Account, the Company, through the Manager, will be able to define all the Users likely to benefit from the Services and, if necessary, assign them Services.<\/span><\/p>

The definition of a User requires the provision of the surname, first name and e-mail address of the corresponding Employee. The Company undertakes to provide truthful information.\u00a0Once defined, the User will be assigned a User Account.<\/span><\/p>

The assignment of Services to a given User will result in the provision to the User of all the defined Services, as well as the immediate invoicing of the Services concerned to the Company.\u00a0<\/span><\/p>

In the event of the addition of certain Services, the Company will be immediately charged for additional services, for each of the Users concerned. Similarly, in the event of withdrawal of certain Services, the services in question will be immediately terminated for each of the Users concerned.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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4. Access and use of the Application by Users<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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For each of the Users, the operation of the Application requires the prior subscription by the User or the Company \u2013 at their expense \u2013 of an Operator Subscription including <\/span>(i)<\/b> the possibility of making and receiving telephone calls and \/ or SMS and <\/span>(ii)<\/b> high-speed mobile Internet access.<\/span><\/p>

In the event of the subscription of an Operator Subscription by the User, it is agreed that the Company is responsible for subscribing and maintaining in force during the term of the Contract the User\u2019s Operator Subscription.<\/span><\/p>

The subscription and maintenance in force of the Operator Subscription, essential for the use of the Application, are the sole responsibility of the User or the Company. The User must be equipped with a terminal allowing the use of the Application (Smartphone, PDA, tablet or equivalent) and having a recent version operating system and regularly updated. The User or the Company is solely responsible for the proper functioning of its terminals.<\/span><\/p>

The Company acknowledges that the actual use of the Application by each of the Users depends on the availability of communications and high-speed Internet services of the Operator Subscription of each of its Users. In addition, usage limits and geographic restrictions specific to the Application may vary. Thus, Users are advised to regularly consult the Website in order to know in more detail the restrictions of use and the recent changes made to the Application.<\/span><\/p>

Once the Application is installed on his terminal, the User will be able to access his User Account with a username and password that will have been communicated to him beforehand by ONOFF TELECOM by email. His password is personal and confidential and must not be shared with any third party in order to prevent any unauthorized use of the User Account. The Company undertakes to inform the User that he\/she is solely responsible for the confidentiality of his\/her password..<\/span><\/p>

ONOFF TELECOM reserves the right to suspend, refuse or cancel the subscription to the Contract or to suspend the performance of the Contract if one of the following conditions is not respected<\/span> (i)<\/b> the settlement at maturity of all debts contracted by the Company with ONOFF TELECOM under another contract, <\/span>(ii)<\/b> the provision of all the supporting documents requested by ONOFF TELECOM, <\/span>(iii)<\/b> the agreement given by the bank payment centers concerned and <\/span>(iv)<\/b> the exact declarations of the Company. In this case, the subscription request will be automatically refused or cancelled and the Company notified by email.<\/span><\/p>

During the contract, ONOFF TELECOM reserves the right to carry out and\/or have carried out any additional investigation, in particular on the elements transmitted by the Company and, in case of reasonable doubt about the user of the Service or the documents that have been transmitted in support of the subscription, to refuse or cancel any subscription to the Contract. In this case, the subscription request will be automatically refused or cancelled and the Company notified by email.<\/span><\/p>

ONOFF TELECOM reserves the right to delete at any time a User Account that does not comply with the applicable legal provisions, the rights of third parties or that does not comply with the Terms of Use. This would be the case, for example, of a User Account created on the basis of a false surname or an invalid e-mail address.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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5. Restrictions on use of the Application<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The fee schedule as well as the content and limitations of each of the Services offered are detailed in the Fee Schedule.<\/span><\/p>

The Company acknowledges that the User must make normal use of the Application and associated Services and that ONOFF TELECOM may put in place measures to prevent any obvious misuse of the purpose of the Services.<\/span><\/p>

ONOFF TELECOM will evaluate the normal use of the Services in comparison with the uses of other Users. Consumption will be considered abnormal, in that it will be considered to constitute a diversion of the purpose of the Services, if it deviates substantially from the average consumption of Users.<\/span><\/p>

The Company is further informed that the following uses, although this list cannot be considered exhaustive, are considered abnormal:<\/span><\/p>