The following General Conditions of Service define the methods for the provision and use of the uicktext Service by Colossal Factory. They are applicable to any natural or legal person wishing to use the Service and having a registration number and subscribing in their professional capacity. (hereafter the “Client”). The Contract between the Client and Colossal Factory is finalised once the Service is implemented. In any case, by using the Colossal Factory service, the Client enters into a Contract with Colossal Factory according to the terms of the following General Conditions of Service, which s/he acknowledge to have received, certify to have read and understood and which s/he commit to observe.
Article 1: Definitions
Colossal Factory commits to: Provide an instant communication management service called Quicktext from a web interface. This service includes SMS, instant messaging, live chat, bot and artificial intelligence.
Article 2: Conditions of Access to the Service
2.1 In order to make use of Quicktext, the Client must submit his/her duly filled registration pplication to Colossal Factory. Colossal Factory reserves the right to refuse any incomplete or non-compliant application. Colossal Factory reserves the right with good reason to refuse registration to the Service to any person, particularly to any person whose Service would have been terminated after less than 12 months from the day of the registration application, particularly due to fraud or illegal use of the Service.
2.2 The access fees and consumption charges may be changed without notice and will be re-evaluated according to the rates in effect on each anniversary date.
2.3 The conversations managed by artificial intelligence are capped at 200 per month.
Beyond that, an additional monthly fee of 25 € per 100 conversations will be charged.
Article 3: Use of the Service
3.2 As part of the Iron offer, the Client is responsible for ensuring the availability of the service on his website and booking engine. If the service is not available on the website and booking engine of the Client for more than 72 hours in any given month for any motive not attributable to Colossal Factory, Colossal Factory will charge the amount equal to the average invoicing value of the last 3 months with a minimum of 300€. The Platinum offer is not impacted by this provision.
3.3 The Service does not cover the so-called non geographical numbers (short numbers, special numbers, satellite, etc.)
3.4 Modifications to the conditions of use of the Service shall be notified to the Client prior to their date of entry into force. The Client, if s/he declines these modifications, may terminate the Contract according to the conditions specified in Article
6.1. Using the Service beyond this date would mean the Client’s acceptance of the said modified
3.5 Colossal Factory informs the Client that the Service is about to be suspended without committing his/her responsibility in order to repair or ensure its maintenance. Except in emergencies, Colossal Factory shall endeavour to carry out these works outside of normal hours of use.
3.6 The SMS numbers given to the Client are leased for the contract period, and this may be modified without prior notice and is non-portable and non-transferable.
3.7 Data can be stored up to the amount of time mentioned in the offer selected by the Customer. Upon request from the Customer data can be saved for more extended periods of time for 5€ per month per hotel.
Article 4: Suspension of Service
4.1 In order to prevent any fraudulent use of the Service and in order to ensure the Client’s protection, Colossal Factory may suspend the Quicktext service in the event of any excess of the communications limit of a monthly amount of 100 € or in the event of abnormal consumption by the Client.
4.2 Any invoice which is not paid according to the conditions specified in Article 5.3 may lead to the suspension of the Service and this shall prevail until the Client does not make the payment. In this case, the expenses to reconnect the service, for which the fixed amount is set at 30 € excluding tax, shall be invoiced to the Client.
4.3 In the event of a suspension of the Service exceeding 2 months, Colossal Factory shall have the capacity to terminate the Contract, with full rights, by sending the Client a registered letter with acknowledgement of receipt notifying this termination.
Article 5: Financial conditions and invoicing
5.1 The records which appear in the Quicktext statistical system shall confirm use by the Client unless proven otherwise.
5.2 Billing is monthly and is based on the package chosen by the Customer for the Platinum offer + 1% of the value of the requests if they exceed 15000 € (fifteen thousand) per month. For the Iron offer, the invoicing will be 5% of the value of the generated reservation requests. The remuneration percentages are independent of their conversions by the Client. A reservation request is defined as follows: name, email or telephone, dates of stay, number of people. The invoice will be sent by Colossal Factory in electronic format to the email previously sent by the Customer.
5.3 The monthly invoices are payable by direct debit on the tenth of the following month. In the event that the direct debit is declined, Colossal Factory may suspend the Service without notice, after a first valid attempt which remains unchanged. In this case, an administration fee of a fixed amount of 50€ excluding tax shall be applied. Colossal Factory may also increase any remaining balance due with interest corresponding to one and a half the legal interest rate in effect.
5.4 In the event of a refund, the Client is bound to pay upon expiry the non-contested amounts
5.5 The payment of the Service is conducted, by means of an automatic direct debit, Colossal Factory may decide to accept or not any other method of payment which shall therefore be submitted for collection by Colossal Factory of a monthly sum of 17€ excluding tax for fixed charges for invoice administration and handling.
5.6 In the event of non-payment by the Client, the latter accepts that the personal information as described in Article 7.2 shall be used in order to be able to recover the sums due. The recovery and outstanding charges shall be borne by the Client in the event that an enforcement order is obtained.
Article 6: Duration and Termination
6.1 The Contract between Colossal Factory and the Client is concluded for a period of one (1) year which is tacitly renewable. After the first year of Contract, each of the Parties may terminate the Contract by means of an advance notice of 3 months notified by a Registered Letter. The termination shall be effective within two months as from the receipt of this letter.
6.2 Colossal Factory may suspend or terminate the Contract, in full right without prior notice in the event that the Client breaches one of his/her obligations, in the event of a false declaration by the Client regarding the Contract.
Article 7: Personal Information
7.1 The Client is obliged, for the needs of the Contract, to supply the relevant personal information as specified in Article 7.2 here below. This information is intended for Colossal Factory and to any affiliated company and shall be used for the sole requirements of the management of the Client’s Contract.
7.2 The Client acknowledges that the personal information mentioned in the preceding article include: the personal details such as surnames, names, date of birth, postal and email addresses, landline and/or mobile telephone numbers, fax number, details of the contractual relations between the Client and Colossal Factory and any other affiliated company and the bank details.
Article 8: Responsibility
8.1 Colossal Factory commits to ensure that all the competence and the necessary care is given for the provision of the Service. Colossal Factory may see its responsibility retained if, for a reason independent of its intent, the Service has been partially or totally inaccessible, interrupted or of bad quality, particularly when the services of an Internet service provider are used.
8.2 Colossal Factory shall not be held responsible for the non-execution of its contractual obligations when the latter is the result of force majeure.
8.3 Colossal Factory shall not be held responsible for any indirect damages, the parties acknowledging that which constitutes particularly such damages as loss of profits, clients, data or any other loss of intangible goods, contributing to lead to the provision or the use of the Service and/or the impossibility to access the Service and/or following an unauthorised access to the Service by a third party and/or following the conduct of a third party, as well as any other issue in relation to the Service.
8.4 In any case, the responsibility of Colossal Factory under this Contract cannot exceed for all prejudice suffered by the Client as a result of the Contract, a limit corresponding to the amounts paid by the Client under the Service during the six months preceding the execution of the damages. No judicial action or claim may be initiated or drawn up by one of the Parties more than a year after the occurrence of the event.
Article 9: Disposal
9.1 Any disposal of this Contract by the Client is submitted for the prior express and written agreement of Colossal Factory.
9.2 Colossal Factory may cede all or part of the Contract after having informed the Client in advance. Moreover, Colossal Factory may resort to any subcontractor of its choice for the execution of the Contract.
10.1 The Colossal Factory will not use data from the User for purposes other than the provision of services and will not sell such data to a third party.
10.2 The Colossal Factory will not disclose any personal information of Users or only in the exceptional circumstance that such information is required for legal purposes.
10.3 Colossal Factory complies with the applicable European regulations regarding confidentiality. Colossal Factory ensures the implementation of technical and organizational measures appropriate to the protection, the confidential treatment and the prevention of the disclosure of the data it processes, as well as the respect of all the requirements concerning confidentiality and privacy, in strict compliance with the instructions and conditions set out in the GDPR. Colossal Factory undertakes to provide assistance in accordance with its obligation to respond to requests from data subjects that may arise from the exercise of their rights defined in the GDPR.
10.4 The information within The Colossal Factory’s storage is password protected so that only the User has access to the User's personal information. The username and password supplied by The Colossal Factory to User are strictly personal and should be kept secret.User is responsible for the abuse of the username/password and shall immediately notify The Colossal Factory of any loss, theft or abuse.
Article 11: Various Provisions
11.1 Without prejudice to Article 6.1, all communication between the Client and Colossal Factory under this Contract shall be conducted by mail, fax or email.
11.2 As permissible by the law, any clause herein which shall be considered illegal or invalid or which cannot be executed, shall not affect the enforceable character of any other clause herein.
11.3 The fact for Colossal Factory not to prevail of whichever clause of the Contract shall not be interpreted for the future as having renounced to this clause.
11.4 The contract is governed by French law. Any dierences arising between the parties with regard to the existence, interpretation or execution of the Contract shall be submitted to the exclusive competence of the Commercial Court of Paris.