Terms of Sales - PROFESSIONAL

Preamble

The present General Conditions of Sale (hereafter “GC”) are applicable to the commercial dealings between the company BJT PARTNERS, simplified joint-stock company with a capital of 100 euros, registered with the RCS of PARIS under number 480 234 210 and whose head office is located at 26 rue de Friant in Paris (75014) (hereafter “BJT PARTNERS” or “Provider”), and its clients, (hereafter designated “You” or “the Subscriber” or “the Client”) who will use this Service only in direct relation to their professional activity.

These GC define the rights and obligations of the parties with regard to the provision and use of the fax services accessible on the site www.monfax.com. These GC, which you may save, print and keep, will prevail over all other clauses contained in any other document, except with prior consent, express or written. Should any clause in these GC become inapplicable for one reason or another, this clause will be modified to a strict minimum in order to become applicable.

MonFax designates the ensemble of fax service available through the site www.monfax.com

As a reminder, BJT PARTNERS may be contacted through the online forms available through the site www.monfax.com or by post at the following address:

BJT PARTNERS, MonFax.com, 50 bis rue Maurice Arnoux, in Montrouge, FRANCE (92120).

It is agreed that the language governing these terms is English. Any Subscription to the service implies acceptance of these GC.

Definitions

The “Service” refers to the ensemble of services offered by BJT PARTNERS available on the website MonFax.com.

The “Client” or “Subscriber” refers to the person having subscribed to the Service offered by BJT PARTNERS. This must be a professional of at least 18 years of age having the legal power of contractual representation.

The “Subscription” refers to the process by which the Subscriber takes the steps necessary to benefit from the service of BJT PARTNERS.

The “Subscriber Account” refers to the account attributed to the Subscriber upon subscription to the MonFax service.

1. OBJECT

BJT PARTNERS, via its site MonFax.com, allows its Clients to receive their faxes by email and send faxes from their computer or email according to options selected by the Client upon subscription to the MonFax service.

1.1 - Fax reception

BJT PARTNERS scans the faxes it receives on its numbers. BJT PARTNERS then returns these scanned faxes to the email address provided by its Client upon subscription to the MonFax service. Any subscription is followed by the opening of a Subscriber Account and activation of this account for an indefinite period.

Upon subscription, BJT PARTNERS provides the Subscriber with one of BJT PARTNERS’ numbers, to which the Subscriber may send faxes so that they may be scanned and returned by email.

1.2 - Sending faxes

BJT PARTNERS also allows its Clients to send faxes from their computers or email according to options selected by the Client. Through a print driver installed on a computer, BJT PARTNERS ensures the conversion and routing of the document to a fax number. The print driver can be downloaded for free on the site www.monfax.com.

2. ACCEPTANCE AND MODIFICATION OF GENERAL CONDITIONS

2.1 - Acceptance of General Conditions

Conforming to article 1127-1 of the Civil Code, concerning the provision of services by electronic means, BJT PARTNERS makes available to its Clients on its site “www.monfax.com” the contractual conditions applicable to the Service, as well as the steps to take in order to conclude the present contract. Before conclusion of the contract, BJT PARTNERS will put in place technical means enabling the Client to identify and correct errors made in entered data.

To subscribe to the Service, the Subscriber must complete the required fields on the online subscription form and validate their subscription. By checking the box by “I have read and accept the general conditions of sale for MonFax.com,” the subscriber acknowledges having read all the provisions of these General Conditions and agrees to abide by them without reservation.

The Subscriber also acknowledges having full legal capacity or the authorisation of the relevant person to commit to these present General Conditions.

Subscription to one or more MonFax Service(s) as well as the use of these Service(s) and the site www.monfax.com implies the Subscriber’s full acceptance of the entirety of the present General Conditions. At any time, the Subscriber may modify information relevant to their account settings by accessing their online account.

Incidental charges (Internet connection subscriptions, etc.) incurred due to Subscription to the Provider’s Services and use thereof are the sole responsibility of the Subscriber.

The Subscriber guarantees that the information they provide is true and exact. They commit to make regular updates and inform the MonFax teams immediately in case of changes in information provided and, if necessary, personally make said modifications.

Activation of the Service is at the discretion of BJT PARTNERS, which specifically reserves the right not to activate the Subscriber Account in case of doubt as to the identity or contractual capacity of the Subscriber, inaccurate statements, or non-agreement by concerned bank payment entities.

All information concerning the use of MonFax Services is provided on the site www.monfax.com. For further information, Subscribers may contact customer service through the online contact forms. Customer service is only available in French and English, therefore responses to inquiries sent in other languages is not guaranteed.

2.2 - Modifications to the conditions of use of services

MonFax reserves the right to change the method of use and GC of its Services at any time. Subscribers will be informed of these changes electronically (by message sent to the email address provided upon subscription) and on the website www.monfax.com. The entirety modifications to the GC will apply to all Subscribers, including Subscribers having signed up before the change. It is agreed that commercial dealings with BJT PARTNERS will cease automatically if the Subscriber informs BJT PARTNERS of their refusal to accept the modified GC within eight (8) days of the date of revision to the GC, otherwise the Client will be deemed to have accepted the revised GC.

3. Conditions of payment for our services

BJT PARTNERS offers the Subscriber a fax reception service as well as a fax sending service. Upon subscription to the MonFax service, the Subscriber has the choice of subscribing to one or both services.

3.1 - Fax reception

When a Client subscribes to the fax reception service, BJT PARTNERS offers the possibility of choosing the type of number they wish to use.

3.2 - Sending faxes

BJT PARTNERS offers its Clients a fax sending service.

This service is actualised through the purchase of prepaid units or a subscription including prepaid units. Such purchases can be made upon subscription or afterward.

3.3 - Financial conditions

The rates indicated in the present GC or on the website www.monfax.com are designated in Euros, in Swiss francs or pounds sterling without tax, depending on the geographic location specified by the Subscriber upon subscription.

By default, the rate of VAT applicable in the UK is 20%, with the actual VAT applied to the Client depending on their geographical location and the information filled in at the time of Subscription. Invoices sent by BJT PARTNERS are always accessible online by the Subscriber through their client account. They are also accessible by the Client upon payment for online purchases.

The Subscriber must pay the full amount due for their plan or the services which they have engaged for the use of MonFax. BJT PARTNERS reserves the right to change its rates or introduce new fees concerning access to its service at any time. The Client will remain able to view the balance of units and invoice details through their personal account.

3.4 - Secure payment

BJT PARTNERS offers a secure payment option by credit card through secured tools made available by its banking partners. The banking partner that receives payments guarantees the confidentiality of the information exchanged between the Subscriber and the payment server. BJT PARTNERS guarantees that only the owner of the payment site will have access to credit card information. Neither BJT PARTNERS nor any commercial or technical intermediary will save this credit card information.

BJT PARTNERS cannot be held responsible for any problem whatsoever related to credit card payments made through its banking partners’ tool, before or after Subscription. The Subscriber agrees not to seek the responsibility of BJT PARTNERS in case of any problem, whatever it may be, before or after the Subscription.

The subscription validated by the Subscriber will not go into effect until the concerned bank payment institution has given its approval. In case of refusal by said institution, the subscription will be automatically cancelled.

4. Duration and conditions of contract termination

4.1 - Duration of contract

The contract goes into effect upon validation of the Subscription to the MonFax service via the website www.monfax.com, indefinitely for numbers with no subscription, and for the duration of the subscription for all others, with use of the service signifying acceptance of the present General Conditions of Sale.

4.2 - Termination methods

The Subscriber as well as BJT PARTNERS may end the MonFax service at any time without claiming damages.

• The Subscriber can cancel MonFax at any time from their account, accessible online. The Subscriber cancelling the account may not demand reimbursement for unused units.
• BJT PARTNERS may cancel a Subscriber account with one month’s notice. However, in the case of a long-term commercial relationship, BJT PARTNERS agrees to provide reasonable advance notice with respect to the situation. The Subscriber will informed of the cancellation by email.

The Subscriber agrees not to seek damages from the MonFax teams, regardless of the reasons for termination of the contract or the temporary or permanent deactivation of the Service.

BJT PARTNERS reserves the right to refuse requests for opening new accounts.

5. Responsibilities of the Subscriber

5.1 - Use conforming to the law

The MonFax service must only be used in a legal manner.

All orders placed BJT PARTNERS are intended for the personal use of the Subscribers; the Subscribers or recipients of the Service(s) being prohibited from any resale - partial or total - of the Services.

The future User acknowledges that they may not use the Monfax service to receive or transmit any illegal, harmful, defamatory, vulgar, obscene or otherwise offensive material in any capacity.

BJT PARTNERS exercises no control over the content of information transmitted through its network. In the case where the liability of BJT PARTNERS would be sought due to fault on the part of the Subscriber, in view of their obligations under the law or these Terms, the latter agrees to guarantee BJT PARTNERS against any prosecution, with this guarantee covering in particular all court costs, indemnities paid and attorney fees it may incur.

5.2 - Subscriber’s guarantee

In case of third party lawsuits against BJT PARTNERS due to an infringement or violation of the GC attributable to one or more Subscribers, this or these Subscriber(s) agree to indemnify BJT PARTNERS (including its employees, administrators, representatives, distributors and affiliates) by paying damages and expenses corresponding to costs incurred (including legal fees) as well as compensation for damages.

5.3 - Sanctioning breach by the Subscriber

BJT PARTNERS reserves the right to suspend or terminate MonFax services if it suspects that the Subscriber has used the service in a manner that is unsuitable to fellow Subscribers, detrimental to BJT PARTNERS or third parties, or in violation of the terms.

6. Private life and protection of subscriber information

MonFax respects the norms of the protection of private life, and BJT PARTNERS, in accordance with the “information technology and freedom” law, has made declaration to the Commission Nationale de l'Informatique et des Libertés (CNIL) in France.

The Subscriber is required to provide information about themself when subscribing to Monfax Services. Personal information collected by MonFax is directly transmitted by the Client. A minimum of information is required to validate the subscription (surname, first name, email address, address). Other information (phone number, etc.) is optional. Listing of the Monfax number and Subscriber contact information in directories is also optional.

Otherwise, certain non-personal information may be collected, such as the Subscriber’s or other users’ browser version (Firefox, Internet Explorer, Chrome, etc.), type of operating system used (Windows 9x, NT, XP, 2xxx, Vista, Seven, Mac Os, Linux, etc.) or the IP address of the computer used.

Monfax may use cookies to store the Subscriber’s identifying information while viewing the website www.monfax.com, in order to avoid having to enter it again on each page consulted.

The information collected about you when you register for Monfax and subscribe to our services is used to provide you with our different Services. Every precaution has been taken on our databases to ensure that your information is archived in a secure environment. Only certain employees of ours have access to your information, which they will use only if necessary. Except by your request, for example, opting for a listing in the directories, personal information provided during registration will not be accessible to third parties, nor transmitted, sold or exchanged.

In accordance with articles 39 and following of the law n° 78-17 of 6 January 1978 relative to data processing, files and freedom, any person can obtain communication and, if necessary, rectify or suppress information concerning them, by contacting our customer service via the online contact form or at the following address:

BJT Partners, Service MonFax, 50 bis rue Maurice Arnoux, 92120 Montrouge, France

The Subscriber agrees that BJT PARTNERS can send them information about the function of and developments in the Service.

The Subscriber agrees that BJT PARTNERS can send promotional material in a precise and occasional manner. At any time, the Subscriber may request to no longer receive promotional information from BJT PARTNERS. The withdrawal request can be made by email or with a simple click on the unsubscribe link.

The Client’s payment information (credit card number, expiration date) is encrypted by the banking partner’s SSL system. This is inaccessible to third parties.

7. Archival

BJT PARTNERS archives electronic and/or digital documents, information and data that are useful for the Client’s utilisation of the MonFax Service. BJT PARTNERS may be required to store messages exchanged (sent and/or received) by the Customer.

The Client can access the items archived on their account via the website www.monfax.com, according to the options and subscriptions they have selected.

It is agreed that the information, data and documents thus stored serve as evidence between the parties.

8. Exclusions of guarantee and limitation of liability

The exclusions of guarantee and limitations of responsibility listed below are governed by the law binding this contract.

8.1 - Exclusions of guarantee

The Client expressly acknowledge that they use the MonFax Service with full awareness. The MonFax service is provided with a maximum of professional conscience. Although BJT PARTNERS does not grant the Subscriber any specific guarantee, it will commit all of its resources to obtaining the most satisfactory result possible. BJT PARTNERS does not guarantee that the MonFax service will conform exactly to the Subscriber’s needs. The Subscriber acknowledges in turn that the characteristics and limitations of the Internet do not always guarantee security, availability or integrity of transmitted information. BJT PARTNERS does not guarantee the quality of results obtained through the MonFax service, nor the precision, safety of communications or transmissions, possible alteration of the data transmitted by the Subscriber, nor the accuracy of the information obtained through MonFax. The Client expressly agrees to use the service at their own risk and will thus take responsibility for verifying if a fax transmission has succeeded or failed. In particular, the Service may be momentarily interrupted due to maintenance, updates or technical improvements, or for the development of content and/or presentation. MonFax will take all steps possible to inform Subscribers prior to updates or maintenance operations. The Subscriber will not seek the responsibility of BJT PARTNERS with regard to function or use of the Services. The Subscriber acknowledges here that any material information or data downloaded or otherwise obtained through the MonFax service are done so at their own risk, and that they are solely responsible for any damage to their computer system or any loss of data resulting from such a problem. BJT PARTNERS assumes no responsibility in the case of destruction or loss of archived faxes or emails. No information nor advice, oral or written, obtained by the Subscriber from BJT PARTNERS or its services will create any additional guarantees.

BJT PARTNERS cannot be held responsible for content transferred through the Service. The Client alone is therefore responsible for the content of transmissions. The Client agrees to use the Service in accordance with the regulations in force and not to distribute illicit content. They are thus prohibited from using the Service for shocking, indecent, threatening, or anonymous, transmissions, or in a fraudulent manner or in the context of illegal activities. The Client must therefore take all reasonable precautions to ensure that this does not arise.

In particular, BJT PARTNERS cannot in any way be held responsible for transmissions sent or received through the Service.

8.2 - Limitation of liability

In no case can BJT PARTNERS, its vendors, employees or subcontractors be held responsible for indirect, incidental or consequential damages resulting from misuse or inexperience in using the MonFax service. No additional costs resulting from the provision of materials or substitute services will be refundable. The same is true for goods or services purchased or obtained, messages received or transactions carried out by or via the MonFax service or resulting from an attempt at unauthorised use, alteration of transfers or the Subscriber’s data. In addition are, while not being limited to, profits and losses, data and other intangible values, even if BJT PARTNERS could at any time be made aware of the possibility of such damages. Should BJT PARTNERS be held liable with regard to the execution of this contract, the Client may not claim any other compensation other than the satisfactory fulfillment of the service or reimbursement of payment for the service in default.

When opening an account, each Subscriber is provided with a username (one of the BJT PARTNERS numbers which the Subscriber may use to send or receive faxes) and a password which is strictly personal and confidential and should never be communicated to or shared with third parties. BJT PARTNERS does not have the means to ensure the identity of the persons subscribing to its Services and is not responsible in the case of a Subscriber’s stolen identity. In no case will BJT PARTNERS be responsible for the Subscriber’s loss and/or misappropriation of their username and/or password.

The Subscriber will be solely responsible for the use of their login by third parties and actions or statements made through their account, whether fraudulent or not. They guarantee BJT PARTNERS against any demand in this respect.

In addition, if the Subscriber has reason to believe that a person has used their login information or account, they must immediately inform MonFax.

The responsibility of BJT PARTNERS under the obligations of these General Conditions cannot be sought in the event of force majeure as defined by the French courts.

9. Property

By accepting the terms of these GC, the Client is aware and acknowledges that they do not own the telephone number or numbers (fax number, MonFax number, etc ...) by which BJT PARTNERS provides the MonFax service. The Client accepts as well that upon closure of their MonFax account for whatever reason, this number may be reassigned to another Subscriber or service after six months, with the Client expressly acknowledging that the company BJT PARTNERS will not be responsible for any inconvenience (nor specific damages) resulting from such reassignment, and and waives any and all claims relating to such reassignment, even if BJT PARTNERS has been advised of possible negative consequences for the Client.

10. Applicable law and attribution of jurisdiction

10.1 - Applicable law

The commercial relations of the parties are governed by French law and particularly by the provisions of the Civil Code.

10.2 - Jurisdiction

By accepting these terms, the User irrevocably grants exclusive jurisdiction to the Paris Commercial Court for any dispute relating to them, including but not limited to their validity, interpretation, performance and/or termination and consequences thereof, even in case of the plurality of defendants, call for guarantee or emergency.

11. Archival

BJT PARTNERS archives electronic and/or digital documents, information and data that are helpful for the use of the Service by the Client.

The Client may access such archived materials via their account on the website www.monfax.com.

It is agreed that the information, data and documents thus stored serve as evidence between the parties.

12. Force Majeure

Cases regarded as force majeure are those usually retained by the French Courts, in particular but not limited to the following list: exceptional bad weather, natural disasters (lightning, floods, fire, etc.), computer viruses as well as phenomena of electromagnetic origin or disruptive of electric networks, or legal restrictions on the provision of telecommunications services as well as events triggering the implementation of local or national plans to maintain the continuity of telecommunications services.

In case of force majeure, the responsibility of any of the parties with regard to the execution or delayed performance of one or more obligations contained in this contract can not be sought.

13. Partial validity

If one or more stipulations of the present GC are declared to be invalid by law, regulation or following a final decision of a competent court, all other stipulations will retain their full force and reach.

14. Commercial reference

The Client accepts that BJT PARTNERS may use their name as a commercial reference for the duration of their business relationship.