Orange Specific Terms for SMS Burkina Faso

Service Provider :Orange Burkina Faso, Limited Company  with an Executive board of 2,500,000,000 FCFA capital, headquartered in Ouagadougou, at 771, Avenue of President Aboubacar Sangoulé LAMIZANA, 01 BP 6622 Ouagadougou 01, registered in the Trade and Furniture Credit of Ouagadougou under number BF OUA 2000 B 522, represented by M. Ben Cheick HAIDARA, Chief Executive Officer acting in an official capacity;

Version number: 1.0

Date: November 13th 2018

Orange Burkina Faso launches the SMS API service under the conditions described below:

1. Description of the SMS API (the "Service")

SMS Côte d'Ivoire allows any clients of Orange (the “Client(s)” or “You” including “Your”) to buy, with their airtime credit, bundles of SMS on the following web site: developer.orange.com (the « Site »).

This bundle of SMS allows You to send SMS including the possibility to request acknowledgment of receipt thereof as more described in the Overview page (https://developer.orange.com/apis/sms-bf/ ), through an application (the “API Client”) to subscribers of anyoperators located in Côte d'Ivoire (the“Subscribers”).

You have to be connected to the internet network and should beresponsible for its internet access.

The collection of Subscribers’ phone number (also called “MSISDN”) shall be the sole responsibility of the Client notably regarding pre-existing contractual relationships and/or charitable activities.

To benefit of the Service, You firstly have to identify yourself.

2. Content of SMS MT (Mobile Terminated) (the “Content”)

The SMS You sent to Subscribers may include information with respect to You and/or Your activities, and/or Your products and
services, and/or Your contractual relationships with Your Subscribers (for instance, statistics, telemarketing). Those data have been
developed and stored by You.

3. Authorization of Subscribers:

Sending SMS to any individuals (including end-users, customers and subscribers) shall not be considered as a spam therefore You represent and warrant that the Subscribers have previously given their consent in compliance with any applicable law. Non-compliance with any applicable law with respect to the Subscribers’consent shall be Your sole responsibility of the Client.

4. Transmission of SMS:

To send SMS, the Customer enters the private code (s) provided by Orange Partner in his / her application / service, and sends SMS to the recipient mobile numbers, according to the number and the desired modalities, all within the limits of the features of the offer. The number of SMS messages acquired by the Customer is reduced by the number of SMS sent.

5. Reception of SMS:

The recipient of an SMS can only receive it if:

·    he has an SMS compatible mobile terminal;

·    its terminal is powered on and the SMS memory is not full;

·    its terminal is located in an area that is covered by the network of itsmobile operator.

6. Validity of SMS:

The period of validity of bundles of SMS from the date of acquisition, is specified on the following page which also defines the prices of said sms: https://developer.orange.com/apis/sms-bf/pricing SMS not consumed within these deadlines are not canceled, but remain unusable until a new purchase. Newly acquired SMS will then be increased by SMS not consumed, with a new validity date.

7. Confidentiality of the private code (s):

The Customer is solely responsible for the storage and use of the private code (s) communicated by Orange Partner. It takes all the necessary precautions to safeguard the confidentiality and makes sure of its disconnection of the Site at the end of each session.

8. Use and content of SMS:

Orange Burkina Faso has no knowledge or access to the content of SMS designed and issued by the Customer as part of the Service. The Customer is solely responsible. As such, he declares and guarantees to Orange Burkina Faso that: 

(i) it owns and / or can freely dispose of all the rights relating to the content of the SMS which will be disseminated via the Service; 

(ii) he will not use the SMS acquired on the Orange Partner website to send commercial and / or promotional messages to any person who has not previously and expressly given his consent to this effect, except in the cases permitted by the law ; 

(iii) it will not use SMS acquired on the Orange Partner website to organize illegal online gambling (gambling, illegal lottery, prohibited lottery advertising, illegal gambling);

(iv) SMS does not infringe upon the person, human dignity, privacy or intellectual property of others (including reproduction or representation of works of the mind without the permission of their authors or rights holders), morality, public order, security or national defense;

(v) SMS does not encourage the consumption or manufacture of prohibited substances and products;

(vi) the content of SMS is not misleading, obscene, pornographic, defamatory, abusive, racist, xenophobic or discriminatory;

(vii) the content of the SMS is not likely to harm in any way Orange Burkina Faso, including its image, its commercial interests;

(viii) the content of the SMS is not likely to involve the liability (including criminal) of Orange, in any way whatsoever. The Customer may only make personal and private use of the SMS acquired. The Customer undertakes to personally sign all his SMS, so that he is clearly identified as the issuer by the recipients, and to make no reference to Orange Burkina Faso in them. It is the Customer's responsibility to check the validity of the mobile numbers to which he sends SMS. In the event of error, in particular of error of handling, indication of wrong numbers, erroneous or incomplete numbers, numbers not allocated to subscribers, the responsibility of Orange Burkina Faso cannot be committed or even sought and no SMS will be re-credited to the Customer's account.

9. Liability:

The Customer is fully responsible for (i) any use of the Service with its private code (s), both with respect to Orange Burkina Faso and third parties; (ii) any consequences of non-compliance with its confidentiality obligation as defined in Article 8. The Customer guarantees Orange Burkina Faso and will indemnify it from any claim and / or recourse of any third party, founded and / or having its cause in a violation by the Customer of his obligations under this contract and, more generally, in violation of the laws and regulations in force. Orange Burkina Faso only provides SMS-C transmission of SMS messages sent by the Customer. The Customer acknowledges and agrees that the execution of this Agreement depends to a large extent on third parties, and in particular other mobile operators and internet service providers. As a result, Orange Burkina Faso cannot be held liable in the event of difficulties directly and / or indirectly related to the Customer's connection to the Internet, such as, in particular, any difficulties in the use and / or unavailability of the Internet, or in case of failure of the third party operators. Orange Burkina Faso's liability to the Customer, provided that it has been proven before the competent court, is expressly limited, for all applications combined, to an amount equal to the cumulative amounts of SMS acquired during the six (6) ) month preceding the date or events. This limitation of liability cannot be applied if it is excluded in application of the law and in case of fraud.

10. Scope of specific conditions:

These specific conditions supplement the general conditions available on the site developer.orange.com and constitute with them
the contract linking Orange Burkina Faso to the Customer (the "Agreement"). However, in case of contradiction between the general
conditions and the present specific conditions, the specific conditions will prevail.

11. Governing law and disputes:

This contract is governed by Burkinabe law. For any dispute relating to the interpretation or performance of the contract, exclusive jurisdiction shall be assigned to the competent courts of Ouagadougou.