Conditions of sales

The following General Conditions of Service define the methods for the provision and use of the Quicktext Service by Quicktext SAS. 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 Quicktext SAS is finalized once the Service is implemented. In any case, by using the Quicktext service, the Client enters into a Contract with Quicktext SAS 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 she commits to observe.

Article 1: Definitions

Quicktext SAS 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 application to Quicktext SAS. Quicktext SAS reserves the right to refuse any incomplete or non-compliant application. Quicktext SAS 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 AI-led conversations are limited to a monthly usage of data across all communication channels: 200 conversational threads per month per property, unless stated otherwise. Beyond this monthly data allowance, there will be an add-on charge of € 25 per 100 additional conversations.

2.3 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.

Article 3:Use of the Service

3.1 Quicktext is provided to clients to be used in strict accordance to local laws and regulations concerning privacy policy. In particular, Quicktext should only be used to communicate with existing customers and not to solicit new business. The Client is solely responsible and should ensure that no other person has access to the Service without his/her authorization.

3.2 The Client is responsible for ensuring the availability of the service on his website and booking engine.

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 Contract.

3.5 Quicktext SAS 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, Quicktext SAS shall endeavour to carry out these works outside of normal hours of use.

3.6 The SMS or WhatsApp numbers given to the Client are leased for the contract period, and this may be modified without prior notice and are 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.

3.7 Google releases continuous algorithm updates and changes, including featured snippets, Quicktext might have to submit API or script updated records. Any fee incurred from the script installation would be borne by the Client.

Article 4: Suspension of Service

4.1 In order to prevent any fraudulent use of the Service and ensure the Client’s protection of data usage, Quicktext SAS may suspend the Service in the event of any excess of the monthly limit for instant

communications (via SMS, WhatsApp, WeChat) - up to the amount of € 100.- or in the event of abnormal levels of usage 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, Quicktext SAS 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 based on the subscription plan selected by the Client. Plan charges are payable quarterly in advance. Any extra charges that may be due will be billed in arrears.

5.3 Invoices are payable by direct debit on the 10th of the month following the invoice. In the event that the direct debit is rejected, Quicktext will invoice €50 per rejected direct debit. In addition, Quicktext SAS may suspend the Service without prior notice, after an initial reminder, which is deemed to be a formal notice that has remained without effect for a period of eight days from receipt of the reminder. Quicktext SAS may also increase any remaining amount due with interest corresponding to three times the legal interest rate in force.

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, Quicktext SAS may decide to accept or not any other method of payment which shall therefore be submitted for collection by Quicktext SAS of a sum of 27€ per invoice for invoice administration and handling. In addition, any rejected direct debit will be subject to an additional flat-rate charge of 25€.

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 Agreement between Quicktext and the Client is concluded for a period of one (1) year. It will be renewed for a period of one year, by tacit renewal, in the absence of termination by sending a registered letter by one of the parties, three (3) months before its expiry.

6.2 Quicktext SAS 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 Quicktext SAS 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 Quicktext SAS and any other affiliated company and the bank details.

Article 8:Responsibility

8.1 Quicktext SAS commits to ensure that all the competence and the necessary care is given for the provision of the Service. Quicktext SAS 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 Quicktext SAS shall not be held responsible for the non-execution of its contractual obligations when the latter is the result of force majeure.

8.3 Quicktext SAS 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 unauthorized 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 Quicktext SAS 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 Quicktext SAS.

9.2 Quicktext SAS may cede all or part of the Contract after having informed the Client in advance. Moreover, Quicktext SAS may resort to any subcontractor of its choice for the execution of the Contract.

Article 10:Privacy Policy and GDPR

10.1 Quicktext SAS 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 Quicktext SAS will not disclose any personal information of Users or only in the exceptional circumstance that such information is required for legal purposes.

10.3 Quicktext SAS complies with the applicable European regulations regarding

confidentiality. Quicktext SAS ensures the implementation of technical and organizatio-nal 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. Quicktext SAS 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 customer expressly accepts that the data can be processed by services of the company located outside the European Union.

10.5 The information within Quicktext SAS’s storage is password protected so that only the User has access to the User's personal information. The username and password supplied by Quicktext SAS to User are strictly personal and should be kept secret. User is responsible for the abuse of the username/password and shall immediately notify Quicktext SAS of any loss, theft or abuse.

Article 11:Various Provisions

11.1 Without prejudice to Article 6.1, all communication between the Client and Quicktext SAS 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 Quicktext SAS not to prevail of whichever clause of the Contract shall not be interpreted for the future as having renounced to this clause.

11.4 This Agreement sets out all existing commitments between the Client and Quicktext SAS. It replaces and cancels any previous oral or written commitment relating to the subject matter of the Contract.

11.5 The contract is governed by French law. Any differences 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.