In this agreement the "customer" refers to the user of Alliance technology services, "AT-WebSMS" refers to www.websms.gp website services "sms" refers to to SMS and MMS messages.

Article 1 -- Introduction

AT-WebSMS offers a short message sending (sms) service on all mobile phones through our website www.websms.gp. The customer can use AT-WebSMS services once his account is activated and for a fee.

Article 2 -- Rights and obligations of AT-WebSMS

AT-WebSMS reserves the right to modify its terms and conditions at anytime, without however hinder rights acquired by the customer. AT-WebSMS commits to inform the customer of any change of its terms and conditions by postal mail or email at least 30 days before the aforementioned modification is effective.

Article 3 -- AT-WebSMS responsabilities

AT-WebSMS cannot be held responsable is case of a momentary interruption of the website. A discontinuation of service can occur, for example in case of a website update or maintenance by webmasters, and lead to a temporary account inaccessibility by the customer. AT-WebSMS cannot be held responsable in case of a malfunction, or even a momentary interruption of the website functionalities non attributable to AT-WebSMS, caused for example, by power cuts or interruption of host service. Considering all parties involved in the sms processing, delivery to the recipient cannot be guaranteed by AT-WebSMS. Therefore, AT-WebSMS cannot be used as an emergency service. AT-WebSMS cannot be held responsable for contents nor recipients choice for sms sent by the customer. AT-WebSMS abides to inform the customer of any rate change, temporarely or not, that can occur for sending sms with a 30 days notice. (See article 10). AT-WebSMS cannot be held responsable for unsolicited sms. (See article 4)

Article 4 -- Customer's rights and obligations

By registering on www.websms.gp, the customer abides to respect the terms and conditions listed in this agreement. The customer commits to provide certain current, complete and accurate information, in particular his e-mail address, his mobile phone number, if necessary the name of the corporate body, his name and his postal address, if necessary corporate headquarters. The customer is solely responsable for the conservation and confidential characteristic of his password which allows him to access his client's account and to AT-WebSMS services. The customer agrees to respect all laws and applicable rules for the content of messages he sends. He has full responsability for all legal and financial consequences resulting of a violation. The customer can under no circumstances use AT-WebSMS servives for purposes that would be contrary to french and european laws or interests as well as AT-WebSMS image. In particular, bulk messaging to recipients without prior consent , in accordance with french laws. The customer takes full and sole responsability for unsolicitated messages sent. The customer abides not to use AT-WebSMS services for any unlawful purposes which could harm others. Furthermore, he must ensure that message delivery is not a source of disturbance or harassment for the recipient or third party. The customer agrees to refrain from sending messages with hurful, violent, pornographic, discriminatory or otherwise illegal content. In case of sms sent abroad , the customer abides also to respect the legislation in effect in the country interested. The customer is solely responsable for the sms content he sends as well as the recipients choice he sends his sms to. The customer's identity must be recognizable by the person who will receive messages sent by the customer from his account.

Article 5 -- Customer's responsabilities

The customer agrees that all his activities are related to his userID and his password. All operation conducted with the customer's account is considered as having been done by the customer himself and engage his legal responsability. Therefore, The customer agrees to take full responsability for messages sent from his account, in particular regarding message content and to the chosen recipients. The customer agrees that, by definition, the access to the Internet, to the mobile phone network and to other medias is associated to risks regarding the authentification, the data security , the privacy, the service availibity, the transmission reliability , etc. The customer takes full and sole responsability for such risks while using AT-WebSMS services. The customer is not authorized to send messages to recipients who made clear that they do no wish to receive them (promotional or not). In particular, bulk messaging only authorized with recipients prior consent. The customer takes full and sole responsability for unsolicited messages sent to mobile phone subscribers. When a claim or enquiry comes from a third party and follows a message sent by the customer's account , or the usage of AT-WebSMS services against these Terms and Conditions, the customer takes full legal and financial responsability. Under no circumstances, AT-WebSMS will be held responsable. The customer agrees to have taken the necessary steps as for the use and data storage regarding third parties on data medium, in particular to have registered to the National Commission for Data Protection and Liberties if necessary.

Article 6 -- Applicable right - Competent jurisdiction

These Terms and Conditions are submitted to french laws. Parties agree to resolve any dispute on amicable terms.

Article 7 -- Customer registration

Registration to AT-WebSMS services is open to any person who owns, a mobile phone compatible with the sms format and an activated SIM card provided by by a french mobile phone operator. The customer's account is only activated once his mobile phone number has been verified.

Article 8 -- Validation of user account With the customer's mobile phone number

Validation of the customer's user account can be done by sending a sms to the telephone number given when registered. This sms contains an activation code (initial password) that the customer will have to enter on the website where indicated. The customer cannot expect any usage of AT-WebSMS services before his account is activated.

Article 9 -- Use of AT-WebSMS services

AT-WebSMS services are only available to registered customers with validated account. The customer buys credits. The latter allows then to send short messages sms type through the website www.websms.gp . For any sent sms, credits are debited from the customer's account.

Article 10 -- Rates

Rates are available when registering and given upon request. On www.websms.gp website the customer will have access to the following informations :

• The price of a credit is in EURO,
• Credit cost for one sms.

Credit cost for sending sms depends on several factors, like the mobile phone operator rates or the road taken when sending a message. AT-WebSMS will choose the cheaper option, while ensuring the most secured way. Therefore, the sms rate can automatically fluctuate. Thus, only the minimal cost for a message is given by AT-WebSMS and any price increase, temporarily or not, will be entirely bearing by the customer.

Article 11 -- Cancellation of a customer account

The cancellation occurs following the customer's request or from AT-WebSMS. AT-WebSMS reserves the right to cancel, without notice, any customer's account once this one is, one way or another, directely or indirectely, found guilty of fraud or attempted fraud against the website, or he contravenes to any disposal in these terms and conditions. The cancellation involves the loss of unused credits by the customer. These credits will not be refunded under no circumstances. The customer can himself request the cancellation of his account without delay by sending a letter recorded delivery to Alliance Technology. The cancellation requested by the customer is final and involves the loss of unused credits. These credits will not be refunded. After cancellation, and for a duration of a year, the customer cannot reregister to AT-WebSMS services. His personal data given when first registered will be kept for the same period of time only to prevent any new registration. All information contained in his reserved space (phone book, recipients names, historic) are permanently deleted. Under no circumstances, the customer can pretend to any kind of compensation, nor to proceed with a new membership. Used credits are under no circumstances refunded.

Article 12 -- Introduction of customers account

Access to the customer's account is vaiable through his userID and password. Only this identification allows him to use AT-WebSMS services:

• check available credits,
• check your personal data,
• view sent sms historic,
• manage your address book,
• send sms,
• plus any other present or future service.

Article 13 -- External links

AT-WebSMS declines any responsability regarding the content and management of external websites uploaded through links available on our website for informational or promotional purposes.

Article 14 -- Intellectual property

Alliance Technology owns the domain name www.websms.gp, logos and the whole website contents. The customer aknowledges that he has no rights upon the website other than access his personal informations and standard usage of his account.

Article 15 -- Protection of privacy and personal informations

AT-WebSMS abides no to pass on any information regarding the customer without his consent, unless exceptional circumstances, following legal advice or adjudication. AT-WebSMS will never sell given customers personal information, unless the complete sell of the company Alliance Technology to a third party. However, the customer agrees for his personal information to be given to the technical staff who insures that good service provided by AT-WebSMS will be maintained and kept confidential in a professional manner and in strict confidentiality.
The customer has the right to access, to modify, to edit and to delete his data. To exercise this right , the customer must log into his account to access his data, or to write to Alliance Technology for other queries. To modify his userID, the customer will have to write to Alliance Technology customer service.

The AT-WebSMS service has been subjected to a declaration to the National Commission for Data protection and Liberties by the company Alliance Technology holding Registration number 1302303.