"Orange Cameroon" (hereinafter referred to as Orange Cameroon), a limited company with a capital of 46.831.200.000 de FCFA, whose registered office is located at rue Franqueville PO Box 1864, RC/DLA/2002/027585, represented by its General Manager, offers a "Messaging Pro" service (hereinafter referred to as the Service) enabling the Orange business Client to send voice or text message campaigns to a large list of recipients.
For the needs of the presented ones, one must understand by:
- "Contract": the present General Conditions of Use and the Special Conditions of Sale
- “Client”: Any legal entity of public law or company which subscribes to the Service
- "Orange": the Messaging Pro hosting company
- "Service": the Messaging Pro platform and API
- "Content": Any text entered or file uploaded to Messaging Pro
The present General Conditions of Use are intended to define the terms and conditions in which Orange Cameroon offers the Service, which is available online on the website https://messaging.orange.cm/login
The access to the service and its use assume the prior and unreserved acceptance by the Client of the present General Conditions of Use (hereinafter "the GCU ").
Article 1 - Subscription to the Service
For Clients already subscribing at Orange Cameroon:
- signature of the Special Conditions of Sale
- delivery of the following documents:
- CNI, Passeport ou Carte de sejour du representant
- un plan de localisation
- Attestation CNPS
- Carte de contribuable ou RCCM ou PATENTE en cours de validité Signature of the Special Conditions of Sale
- signature of the Special Conditions of Sale
- to access the platform through a predefined username and password
- to manage different types of campaigns using text and voice channels
- to manage lists of contacts
- to control campaigns with the ability to suspend, pause, or stop them
- to analyze the results of each campaign by exporting reports as Excel files
- to receive and respond to the voice and text messages of their end-customers
- to follow the use of its packages/bundles
The list of services accessible from the Messaging Pro platform and API is not exhaustive and is intented to evolve over time.
They are invoiced according to the offer chosen by the Client.
the Service, is not guaranteed. Also, the Client is informed that the communication of any Confidential or non-Confidential Content is made by the latter at his own risk and that it is his responsibility to protect himself against the risks of a viral attack against his Content.
- The Client must use destination numbers for which rights holders have given their authorization;
- The Client must make a means available to the recipients so that they have the opportunity to remove their number from the Client's distribution list. At the request of the recipient, the Client must withdraw as soon as possible the number of the recipient from his distribution list;
- The Client undertakes not to disseminate any message or information that is insulting, defamatory, racist, xenophobic, or offensive to the honor or reputation of others, inciting discrimination, hatred of a person or a group of persons by reason of their origin or belonging or not to a particular ethnic group, nation, race or religion threatening a person or group of persons, of a pornographic or pedophile nature, inciting to commit an offense, a crime, or an act of terrorism or otherwise, affecting the rights of others and the safety of persons and property;
- The Content must not infringe in any way on Orange Cameroon, in particular its image, its commercial interests;
- The Content must not bring into play the liability (including criminal liability) of Orange Cameroon, in any way whatsoever;
- The Content must not lead to a link, a program or an executable, or any other information that jeopardizes the proper functioning of the recipient's terminal as well as information related to himself or his equipment, even with the consent of the
- The frequency of sending messages to the same addressee must be reasonable in order not to track down;
- The Client must not use the service to artificially inflate the volume or duration of transactions for the direct or indirect benefit of any person or entity;
- The Client acknowledges that the Content considered as in breach of the laws, rules or regulations in force may be given by Orange Cameroon to the authorities responsible for enforcing the law that requires it, who will treat them accordingly
- disturbances caused by maintenance work, reinforcement, redevelopment or extension of the facilities of its network.
- propagation hazards of electromagnetic waves,
- cessation of the Service operation by decision of the public authority or a fortuitous event,
- services rendered by independent service providers, to which the Client may have access, in particular; through distributors. Any complaint concerning these services must be addressed directly to the service providers having returned them,
- interruptions in the telecommunications service of other mobile or wireline networks to which it is interconnected, resulting from the partial or total cessation of the operation of the Orange Cameroon network, whatever the cause.
circulating over the Internet is not protected against possible hijacking and viruses, and any person is likely to create a link giving access to the site and/or elements of its content, and that the intentional or unintentional communication of his site’s address is performed at his own risk. Orange Cameroon can in no way be held responsible for accidental or voluntary damage suffered by the Client and caused or not by third parties. This damage concerns in particular the possibility that all or part of the contents of the Client is disclosed to a third party or destroyed.
- the nature and the quality of the Content;
- the difficulties of accessing the Service due to the total or partial non-compliance with Client’s obligation, the use by the Client of equipment that is not adapted to the Service characteristics, a failure and/or saturation at certain periods of the
transport networks to the Internet world over which Orange Cameroon has no control;
- the virus contamination of the Client's data, the protection of which lies with the Client;
- the malicious intrusions of third parties on the Client's Online Content, despite the security measures implemented by Orange Cameroon;
- the misuse of the Service by the Client;
- the possible misuse of passwords, confidential codes, and more generally any sensitive and/or personal information/data of the Client, which are under his full and sole responsibility;
- the indirect damages, which means all those that do not result directly and exclusively from the Service partial or total failure
- any damage caused as a result of force majeure, by a third party or by the Client.
7.4 Any damages to the Client owed by Orange Cameroon that result from a fault duly established against him shall be the direct, personal and certain damage resulting from the failure in question, to the express exclusion of consequential damages.
In any case, the amount of damages that could be charged by Orange Cameroon, if its liability was retained, would be limited to the amount actually paid by the Client to benefit from the Service (excluding access fees) the month before the allocation of damages.
7.5 Orange Cameroon declines any responsibility for the fraudulent use of the Content, the contents imported onto and downloaded from the Service being the sole responsibility of the Client who holds the content. The Client releases Orange Cameroon from any liability in respect of Content used in any way by him through the Service. Any complaint from a third party relating to the Content posted on the Service will be redirected to the Client who will assume full responsibility.
7.6 The Client undertakes to guarantee, at the first request, including in the event of a non-final court decision, to indemnify and compensate Orange Cameroon for any direct damages that Orange Cameroon may incur if his liability is incurred by a third party, because of a claim, an action or a complaint related to the Contents or following a use of the service in violation of the rules contained in the present GCU.
Article 8 - Duration – Service deactivation
The Service is offered for an indefinite period.
In any case of Service deactivation initiated by the Client, the latter must diligently make the necessary, under his own and sole responsibility, to retrieve in advance the Contents and data available on the Service on a device at his disposal.
In the event of non-compliance with one of the provisions of the present GCU by the Client, either according to the assessment of Orange Cameroon, or if Orange Cameroon is seized by a third party, Orange Cameroon reserves the right to temporarily or permanently interrupt access to the Service. Orange Cameroon reserves the right to terminate the Service immediately, particularly if the Client's behaviour is incompatible with the terms and conditions of the present GCU. This interruption will not entitle the Client to any compensation from Orange Cameroon.
The total or partial failure to pay at its due date any amount due to Orange Cameroon under this contract or under another subscription contract shall automatically and without prior notice suspend the current service, subject of the contracts. Failure to pay within 30 days after the blockage shall result in the termination of the contract and the immediate payment of all the Client's commitments resulting from the execution of the present GCU, without the need for any notice of default
The Service will be permanently suspended at the request of the Client, by sending an official email to Orange Cameroon at least one month before the termination.
Article 9 - Evolution
Orange Cameroon reserves the right to develop the Service, in particular by providing new features, or by modifying or removing certain features. The Client will be informed, by any means, of any modification concerning him.
Article 10 – Customer Support
For any complaints or questions relating to the Service functioning (sending of campaigns,downloading and importing Content, Service management, packages’ management, etc ...) a help page is available online at the following address: https://messaging.orange.cm/login or by contacting Orange Cameroon Client service at 955 or firstname.lastname@example.org
Article 11 -Miscellaneous
Even if one or more provisions of the present GCU are declared invalid under any law, regulation or after a final decision from a competent court, the remaining ones will retain their full force and scope. The stipulations declared invalid will then be replaced by stipulations which will be the closest as to their content of the stipulations initially adopted.
Any dispute related to the interpretation, performance or validity of the present GCU will be under the exclusive jurisdiction of the Commercial Court of Douala