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Messaging Pro Cameroon
Enables SoHos and SMEs to send bulk SMS messages.

Preamble

 "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
For new Clients:
  • 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

Article 2 – Description of the Service
Clients will have access to the Service on the web from computers and mobile devices or throughout the API.
The Service allows the Client:
  • 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.



Article 3 - Confidentiality

The Client acknowledges and agrees that the data collected in connection with the provision of the Service is processed in paper or electronic form. Personal data concerning the Client may be communicated on request to the judicial authorities. They are processed and stored by Orange Cameroon and communicated by Orange to its parent companies, subsidiaries or service providers for the provision of the Service. Orange Cameroon may communicate such information to third parties for the implementation of the Service and to which it extends the respect of the legal provisions in force and the rules of security and confidentiality of these data. The Client authorizes Orange Cameroon to use the collected data to offer him, by email or any other means using a technology of the same nature, services similar to the Service or that can meet his needs.
The Client has at any time an individual right of access and rectification of his personal data and, if necessary, opposition to the treatment he may exercise directly on the site https://messaging.orange.cm/login in the "My Profile" section or by contacting the Client service at 955 or service.cliententreprise@orange.com

Article 4 - Rates - Billing
4.1 – Rates
The Client acknowledges having read the Service rates.
The costs relating to the activation and/or the use of the Service depend on the offer taken out by the Client and specified in its price documentation sent to him by sales representative.
Orange Cameroon reserves the right to modify them at any time subject to prior information made by any means. The price changes will apply to all contracts including those in process.
The Client will be informed of any tariff change by any means legally authorized, at least fifteen (15) days before their effective date.

4.2 Billing methods
The Service activation and use fees are subject to invoicing at the end of the month in which an order has been made, payable within the maximum time charged on the invoice according to the payment method selected at the time of subscription.
Connection costs for the use of the Service on the Internet and mobile are not included in the Service.
They are invoiced according to the offer chosen by the Client.
Failure to receive an invoice cannot relieve the Client of his obligations arising from the present GCU.

5 - Commitments by the Client
5.1 The Client agrees to use the platform only for professional purposes and in accordance with the present GCU. The Client undertakes not to use it voluntarily or involuntarily in order to jeopardize the availability of servers and the Orange Cameroon network. The latter reserves the right to suspend access to its server if the use of the Service would jeopardize its server and/or network.

5.2 To access Messaging Pro portail, The Client is identified by a username and a password which are communicated to him during the creation of his account. The Client is obliged to change the password that is provided for him from his first use. The Client acknowledges that the email address he provided at the time of registration is valid and that he is the main user.
The Client takes all necessary measures so that his account settings may not be known or used by an unauthorized third party. Insofar as the Client's account is used by an unauthorized third party, the Client remains responsible for shipments made from his account. Orange Cameroon cannot be held responsible.
The Client undertakes to use usernames that are not contrary to public order and morality, to fair competition.

5.3 The Client undertakes to use compatible and approved equipment and to use the Service in accordance with the regulations in force, the present GCU and the use for which they are intended.

5.4 The Client is informed that the Service does not cover the content that the Client may send, receive and download from the Site. Thus, the Content sent, received or downloaded from the Site, are under his sole responsibility. Therefore, the Client assumes full responsibility, both civil and criminal, attached to these operations.

5.5 The Client is aware that the Internet carries data that may be protected by intellectual property rights and/or violate the legal provisions in force. As such, the Client is prohibited from sending, receiving or downloading any prohibited, illicit, illegal data, contrary to morality or public order and/or infringing the rights of third parties and in particular intellectual property rights owned by third parties.

5.6 The Client agrees, in general, not to misuse or make fraudulent use of the Service.

5.7 The Client acknowledges that the Internet is not secure and that the secrecy of Content and information exchanged through
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.

5.8 Ethics of use
Apart from the information delivery dedicated to a service subscribed between the Client and his recipient, advertising or self-promotion messages, the Client undertakes to respect the following rules:
  • 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
    latter;
  • 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
Article 6 - Orange Cameroon’commitments
Orange Cameroon is implementing the necessary means to ensure the continuity of the Service. Orange Cameroon reserves, in particular the right to temporarily, totally or partially and without notice suspend access to the Service or to certain of its functions, for reasons of care, extension or maintenance of the Service or in the event of a request from the governmental authorities, the regulatory authorities or any other competent administrative authority and without this interruption being able to give right to any compensation for the benefit of the Client or third parties.

Orange Cameroon's obligation is an obligation of means. It cannot be held accordingly responsible in case of:
  • 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.
Article 7 - Liability
7.1 Orange Cameroon's liability to the Client can only be incurred for established facts that are directly and exclusively attributable to it. By using the Service, the Client represents and warrants that he is fully aware of the characteristics and constraints of the Internet, including that data and information transmissions over the Internet only have a relative technical reliability. Also, information
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.

7.2 The Client acknowledges that he is solely responsible for the Content and the use he makes of it in connection with the Service. He therefore assumes full legal and civil liability for the Content, the claims of third parties and the actions they generate, in particular but not exclusively, in matters of intellectual property, personality rights and the protection of minors.

7.3 Orange Cameroon cannot be held liable in particular for:
  • 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 service.cliententreprise@orange.com

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