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Terms and conditions
The purpose of this document is to define the terms and conditions for the supply and use of the MobileGlobe service.
They apply to the Customer and are an integral part of the Agreement between the Customer and the Vendor. The Agreement between the Customer and the Vendor is entered into as soon as the Vendor has implemented the Service on the phone lines indicated by the Customer while subscribing on-line via the Internet or by telephone with the customer service relation of the Vendor.
The following general conditions apply to any order of the Service made via the Vendor Internet website, by mail or by telephone. Using the Service, the Customer agrees to the following terms, which he acknowledges. The following general conditions are available on the Vendor website or by mail upon request. The Customer commits himself to respect the following terms and conditions. The notions of Service, Vendor and Customer are defined in section 1.
ARTICLE 1 - DEFINITIONS
"The Service" means all of the local switched telephony services, both national and international, supplied to the Customer by the Vendor in Metropolitan France, whether from a landline phone or from a mobile phone and including a list of countries that can be viewed on the Vendor’s website.

"The Customer" means any legal or physical person subscribing to the Service following the procedure as indicated. The Customer hereby declares that he is legally able to enter into the Agreement, that is to say that he is legally of age and not under legal guardianship of any form and, in the case of a business, that he is duly authorized.

"The Vendor" means the company providing the Service to the Customer. The Vendor works with telecommunication network operators (Carriers), considered as producers of the phone capacities used. It may not under any circumstances be held liable for any damages resulting from incorrect fulfilment of the telecommunication service by the Carriers.

The Customer acknowledges that he has been informed of the identity of the various parties involved for information only but that this is not a decisive condition for his consent. He acknowledges that there are Agreementual relations between the various service providers and that these Agreementual relations may change and involve other parties. The Customer agrees that if there is any change in the identity of the parties involved, the procedures may change provided that neither the conditions for his own service nor those of the expected telephony service change.
ARTICLE 2 - CONDITIONS FOR ACCESS TO THE SERVICE
The Customer registers to the prepaid mode Service (purchase of a fully usable call credit). The Customer registers over the Internet on the Vendor’s site.
ARTICLE 3 - USING THE SERVICE
3.1 The Service is supplied to the Customer for use in accordance with the laws and regulations currently in force. The Customer is solely responsible for looking after his equipment and codes, and must ensure that no other person has access to the Service without his authorization.

3.2 The Service may be used from any private landline (excluding public phones) or mobile cellular phone, on the simple condition that the Customer states the numbers of the landline and mobile phones from which the Customer wishes to use this Service when subscribing. Public phones may be used in certain cases but only by specific request. The Vendor reserves the right to permanently close any account including a public phone number without compensation or any refund possibility.

3.3 There is one mode available for accessing the Service: MobileGlobe, from a registered mobile phone with the MobileGlobe application installed, the Customer calls from the application and click on "Call with MobileGlobe" or any function that makes the customer thinks that he is making a Mobile-Globe managed call

3.4 The Service covers:
international calls: these are calls made by the identified Customer to a landline or a mobile phone outside the country that his carrier (wireless operator) consider home country.

3.5 Access area for the Service:
The Service MobileGlobe enables calls from a list of countries that can be viewed on the Vendor’s website.

3.6 The Vendor cannot guarantee the availability of the Service at all times, especially when an activation delay is necessary due to the line activation by a third party. Also, the Vendor may, without being held liable, suspend the fulfillment of the Service in order to repair or carry out maintenance work on the network. Except in emergencies, the Vendor shall do its best to schedule this work outside times when the Service is normally used and shall make every effort to reduce the unavailability time.

3.7 At any time the client can access through the Vendor’s site his detailed invoice of the last nine weeks, stating the length and the cost of each call. A bill displaying his whole consumptions will be delivered for free on simple request.
ARTICLE 4 - SUSPENSION OF THE SERVICE
4.1 In order to prevent any fraudulent use of the Service and ensure the protection of the Customer, the Vendor can ask complementary proof of identity and suspend temporarily the Service without prior notice until their receipt.

4.2 In order to avoid fraud, all customer who will create a MobileGlobe account can be asked to send us a copy of ID Card and an ID bank account. Once the information will be checked, the account will be validated or Mobile-Globe will reimburse the customer.

4.3 The Vendor reserves the right to permanently close any account used fraudulently without compensation or any refund possibility.

4.4 The Vendor reserves the right to permanently close any account which includes a public phone number among the registered phone numbers without compensation or any refund possibility.

4.5 Without the possibility for the Customer to claim any compensation, the Vendor can:
suspend without prior notice the access to the Service,
if the Customer fails to complete his file within 8 days since the Vendor request
in case of false identity report or fraudulent use of the Service
terminate the Agreement at any time and without prior notice:
if the French Telecom Authorities or any other legal Authorities withdraws or suspends the Vendor authorization
under the condition 4.4. and if the suspend or limitation reason has not disappeared within 10 days.
ARTICLE 5 - RATES
5.1 The Service rates are subject to specific documentation edited for and accessible to Customers and the Customer is billed on this basis. An exhaustive list of rates can be viewed on the Vendor’s website at any time. This documentation is an integral part of the Agreement. The records in the Service database (accessible in the Customer Account) are proofs of the use, the length and the destination of the calls made by the Customer unless there is evidence to the contrary.

5.2 The prices are net, in Euros (EUR), and inclusive of all taxes (inc). These rates are valid 24 hours a day and 7 days a week. The Vendor reserves the right to change the call rates without prior notice.

5.3 Billing principles:

Mobile-Globe, for international calls:
Calls are charged per minute
The Customer mobile phone subscription provider will also charge a national call to a landline during the call length.
Your wireless mobile service provider, Internet service provider, telephony provider or other third parties may charge you for use of any of their services as it relates to the Service. We have no affiliation with, or responsibility for, any of those third parties. You will need to have entered into separate agreements with them for their services and products. You alone are responsible for all charges or fees charged by such third parties for your use of their services.
We are not responsible to provide or maintain any hardware required to connect to the Service.
ARTICLE 6 - BILLING
6.1 When using the Service in prepaid mode will be debited from the Customer’s credit or debit card account

6.2 If the Customer fails to pay, the Customer agrees that the personal data mentioned in article 7.2 may be used to allow the recovery of any due sum. The Customer must pay the cost of recovery and unpaid debts if an enforcement order is obtained.
If the customer wants not to need to retype its credit card number, he just has to ask for this option. In this case, Mobile-Globe is very secure because we do not keep the whole credit card number. We use a very secure online paiement paybox service. Furthermore, we chose the SSL encoding technology SSL (Secure Sockets Layer) that encodes the information in order to secure personal datas

6.3 Once the communication credit has been paid and the customer starts using it, no refund is possible.
ARTICLE 7 - DURATION AND TERMINATION
7.1 Any Mobile-Globe account in prepaid mode remaining inactive for 6 months will be automatically closed without prior notice and with no possibility of recovering any residual sum remaining in the account.
ARTICLE 8 - CONDITIONS OF UTILISATION OF MOBILEGLOBE DIRECT UNLIMITED PLAN
YOUR CONTRACT AND THE MINIMUM TERM
Your contract starts on the date of your MobileGlobe Direct Unlimited Plan registration . The minimum period of engagement is 3 months from the date of Registration.

YOUR RIGHTS TO TERMINATE THIS CONTRAT
You may terminate your contract at any time after the Minimum Term. You will have to send an e-mail to support@mobileglobe.com. Termination of your contract will be effective at the date of your registration of the following month. You will receive by e-mail the confirmation of the end of your contract.

PAYMENT METHODS
We will accept payment of charges by credit card (Visa, Mastercard, American Express).

INVOICE OF YOUR SUBSCRIPTION
We will invoice you monthly in advance at the date of your registration. Your credit card will be automatically debited.

INVOICE OF CALLS NOT INCLUDED IN YOUR SUBSCRIPTION
In the current month, each time of the total of your calls which are not included in your subscription reach 20€, your MobileGlobe account will be automatically invoiced of 20€.
At the date of your payment, your account will be automatically charged of the sums not debited + the cost of your monthly Unlimited MobileGlobe Direct Plan.

CONDITIONS OF UTILISATION OF UNLIMITED MOBILEGLOBE DIRECT PLAN:
Fair use policy is requiredThe maximum length of call will not exceed 3 hours per day and 2500 minutes per month. USers cannot use also the service to call more than 99 numbers per month. In the case where the fair use policy would be violated, Inter-Mobile will be allowed to charge the customer at the per minute rate and to suspend the account.
THINGS YOU AGREED TO DO:
Provide whatever proofs of your identity and address that we consider reasonably necessary from time to time.
Update your ID bank account directly on your MobileGlobe account.
Pay all the sums due to MobileGlobe.
Not use the Services for any improper, fraudulent or unlawful purposes.
Only use MobileGlobe service for your own personal use and not for any commercial purposes or distribute it commercially.
Not to re-sell, re-supply or otherwise distribute MobileGlobe Service
ARTICLE 9 - PRIVACY
9.1 The Customer may, for the purposes of the Agreement, supply personal details as defined in article 8.2 below. This information is intended for the Vendor and any affiliated company and will be used mainly for the purposes of managing the Service in respect to this Agreement and, unless the Customer objects, for the purpose of sounding institutes, market studies and/or partner companies for commercial purposes and/or special offers, and only under the limitations described below:
No use of the Customer personal bank details for marketing purposes
The Customer reserves the right to refuse the Vendor the use of his personal details. This refusal will have to be notified by post.
In accordance with the French Data Protection Act n° 78-17 of the 6th of January 1978, the Customer may access his personal details and have them rectified or removed if necessary, by contacting the Vendor.
They are subject to the individual right of access, correction and cancellation under the conditions laid down by the CNIL. deliberation n° 80-10 of the 1st of April 1980, towards Mobile-Globe, 75 rue de Strasbourg, 94300 Vincennes

9.2 The Customer acknowledges that the personal details mentioned in article 8.1 include:
a) his personal details such as surname, first names, postal and electronic addresses, landline and/or mobile phone numbers, b) details of the Agreement between the Customer and the Vendor or any other affiliated company, c) his bank details.

9.3 The Customer undertakes to notify the Vendor of any change to the information mentioned in article 8.2 as soon as he becomes aware of this change.

9.4 The Vendor reserves the right to ask personal proves of identity to the customer at any time.
ARTICLE 10 - LIABILITY
10.1 The Vendor undertakes to provide all due skill and care in the supply of the Service. The Customer acknowledges that the Vendor’s obligations in this respect are obligations regarding resources. As a result, the Vendor may not be held liable if, for reasons outside his control, the Service becomes partially or totally inaccessible, is not available, interrupted or of poor quality, in particular when another operator’s services are used in which case the Vendor may not be held liable for any deed or omission by this operator.

10.2 The Vendor may not be held liable if he fails to fulfill his Agreement obligations because of something beyond his control.

10.3 The Vendor may not be held liable for any indirect damage, the parties hereby acknowledge that these specifically include damages such as loss of profits, customers, data or any other loss of intangible assets, arising from the supply or use of the Service and/or from any inability to access the Service and/or following unauthorized access to the Service by a third party and/or due to the behavior of a third party, or any other question in relation to the Service.

10.4 In any case, the Vendor’s liability under the Agreement may not, for any cause or any incident, exceed a ceiling corresponding to the sums paid by the customer for the use of the Service over the month prior to the occurrence of the damage.
ARTICLE 11 - TRANSFER
11.1 The Customer undertakes not to transfer or transmit the Agreement to any third party, in any form whatsoever, without the Vendor’s prior written agreement.

11.2 The Vendor may transfer all or part of the Agreement provided that he notifies the Customer of this in advance. Besides, the Vendor may use any subcontractor of his choice for the fulfilment of the Agreement.
ARTICLE 12 - GENERAL
12.1 Without prejudice to article 7.1, any communication between the Customer and the Vendor under the terms of the Agreement shall be by post, fax or e-mail.

12.2 To the extent allowed by law, any clause of this agreement which should be deemed to be illegal or invalid or the fulfilment of which may not be demanded, shall not affect the enforceable nature of any other clause of this agreement.

12.3 If the Vendor fails to enforce any particular clause of the Agreement this may not be interpreted in future as a waiver of this clause.

12.4. The Agreement is governed by French law. Any dispute which may arise between the parties about the existence, the interpretation or the fulfilment of the Agreement shall be subject to the exclusive competence of the commercial court of Pontoise, France , with the exception of any litigation relating to non-trading persons for whom the legal rules on the assignment of competence may apply.
support@mobileglobe.com