General terms of sale
Definitions and interpretations:
All the instances of words or groups of words listed below must be interpreted throughout the « General terms of sale » document in compliance with the definitions below, except where the context stipulates otherwise.
« company » means the company mycomhub registered under the Siret number 509007019 00011
« user » and « recipient » mean any natural or corporate entity sending the message or to whom the message sent via the mycomhub platform is addressed.
« message » means information content that may be routed using various formats and/or communication protocols to recipients. Messages include email and SMSes.
« service » means all the services provided by the platform.
« service providers » means external approved entities providing a service that may be all or part of a service provided by mycomhub and which may be sold / invoiced in respect of business agreements between mycomhub and said entities.
« platform » means all operational hardware and software systems making up the mycomhub service offering.
« text message » or « SMS » (short message service) mean text-based messages sent to an end-user?s mobile telephone either manually by a user or automatically by the platform as programmed by the user or the administrator.
« email » means the electronic document transmission and reception service to and from electronic addresses or recipients.
Purpose:
The purpose of the general terms of sale is to define the terms and conditions under which Mycomhub makes its remunerated cell phone messaging services available. The cost of this service is linked to the quality of the product selected and the destination.
The subscription to and/or use of Mycomhub services implies the full acceptance of these general terms. The latter may be edited at any time without notice and the user is responsible for checking for any updates that may have been made.
Mycomhub reserves the right to bar access to this service, without prior notice, to any user not observing these terms.
Description of Mycomhub services:
Mycomhub provides its users with a programmable SMS forwarding platform and a "My campaigns" software tool used to create and manage bulk SMS broadcasting campaigns based on classified advertisement content.
Sending SMSes to mobile terminals is highly dependent on telephone network congestion, the coverage footprint of mobile operators, the presence of the user?s handset within the coverage footprint and the operability of the mobile terminal.
For users to be able to receive an SMS, they must be located within the coverage footprint, their terminals must be operational and their operators must be on the list of operators covered by the platform?s SMS service. This list can be viewed and modified at any time without prior notice at the url: www.mycomhub.com/sesame/pages/couverture.jsp
Thus, Mycomhub cannot guarantee the delivery of SMSes to their destinations but undertakes to make all reasonable efforts to monitor the quality of service of telephony providers and operators so as to predict and/or minimise any interruption of service within a reasonable timeframe.
The maintenance of the classified advertisement content database is dependent on the service quality of external providers and therefore cannot be guaranteed by Mycomhub.
Mycomhub undertakes to provides its best efforts to make the services available 7 days a week and 24 hours a day from its website, except in the event of failure, maintenance work necessary to the smooth operation of the service, force majeure, and events beyond the control of Mycomhub.
Telephone network operators and other service providers may modify, extend or suspend their service provision at any time without prior notice; therefore mycomhub reserves the right to modify, extend, suspend or cancel its provision of services at any time without prior notice.
The platform services are accessed from the www.mycomhub.com gateway and may also be integrated into a third-party information system.
The access and use of mycomhub services are dependent on the creation of a customer account and the acceptance of the general terms. This procedure is described below.
Registration and security
To use the mycomhub services, users must complete the registration process and fill in the subscription forms with accurate, relevant valid.
Missing compulsory information will prevent the user account from being created.
The user must choose one or two identifiers and a password.
At the end of the registration process, if the user has supplied an external email address, he/she will receive an email to confirm said address.
The user will receive an activation code on his/her mobile terminal that must be entered into the My Profile section to validate the GSM number.
Their identifiers and passwords enable users to access their personal spaces where they can use all the services provided by the platform.
Users must ascertain the privacy of their identifiers and not disclose them to third parties as they alone are responsible for any use or activity performed on their accounts either by themselves or by any other authorised or unauthorised person, acting with their agreement or unbeknown to them. Users shall settle all direct or indirect costs incurred even if said actions are subsequent to an act of piracy, a breach of security, tapping into a communications channel, or a virus. Mycomhub shall under no circumstances be held liable for these activities.
In the event of abusive use of a personal account, the user shall inform Mycomhub as soon as possible.
If users forget their password, they may either request that it be sent to their mobile telephone or reinitialised by answering a question to which an answer has already been given during the account creation process. The cost of sending information by SMS to the client subsequent to an action performed by said client shall be charged to the latter.
Prices and terms of payment
The prices of the products are displayed on the www.mycomhub.comgateway. If transmission is performed from the client space on the website, an price estimate is displayed for sending the messages. The prices are quoted exclusive of VAT except where expressly indicated otherwise.
A transmission log allows users to see the price effectively applied to the transmission. If any discrepancies appear between the prices displayed and those appearing in the log, the latter will override the former.
Users may pay funds into their accounts using their credit cards via the PayPal system.
Users? obligations
Users undertake to complete the registration form in good faith with correct, complete information. Furthermore, they must inform Mycomhub of any changes in their profiles. Failing this, Mycomhub may elect to suspend the use of their accounts and even terminate their contracts unilaterally.
Users are reminded that they are responsible for the privacy of their passwords and identifiers as stated in the previous paragraphed.
The user states that he/she holds title to all rights pertaining to the content or messages sent via the platform. Mycomhub cannot be held liable (civilly and/or criminally) for the content of the information transmitted tor for the consequences of said transmission(s).
The user undertakes:
not to send any message to a recipient likely to suffer prejudice as a result of said message,
not to cause any harassment of any kind whatsoever,
not to mislead any recipient of an SMS,
to respect the private lives of others.
Mycomhub reserves the right to refuse to send SMSes that include any content likely to constitute a breach of applicable legislation or regulations (anti-spam filter).
The client shall hold Mycomhub harmless of any liability in the event of a breach of these general terms by the client, and shall compensate it for any third party claims.
Obligations of Mycomhub
For reasons described in the paragraph Description of services, Mycomhub cannot be held liable for any malfunction of the platform resulting from incorrect usage by the user, a system or software error, message delivery failure and delivery times, and suspension of maintenance of the classified advertisement database and may under no circumstances be under the obligation to compensate any direct or indirect prejudice sustained by the client when using its services.
"Direct prejudice" means operating losses and/or business losses.
Termination of contract
These clauses become effective as soon as the user validates the creation of his/her profile on the Sign-up page.
The contract between the parties is valid for an indeterminate period of time except if expressly terminated by the client after following the procedure described below:
Clients may at any time terminate their contracts by sending a certified letter or fax with a copy of their identity document and signature informing Mycomhub of the termination of their contract.
Accounts and contracts will be deemed effectively terminated 1 month after the date on which said letter is received.
Should a client fail to comply with these general terms, Mycomhub reserves the right to terminate the contract without prior notice, contingent on sending a registered letter to the client?s address as stated when creating the user profile and/or an email to the external electronic address also entered during the creation of the profile.
The account may be closed and the balance returned to the client, minus any fees incurred during this period.
Ownership and access to private data:
All content and, in a more general sense, any data posted on the mycomhub gateway are protected by intellectual property laws and are the property of mycomhub or its assigns. Said content cannot be used for any purpose other than those defined in this document.
Data concerning the user is the property of the client. It includes all data relative to the profile entered during the registration process in addition to all statistical and content-related information that may be collected during use of the services on the platform.
Pursuant to article 34 of the French Computer Data Privacy Act of 6 January 1978, users are hereby informed that they may ask to see the information about them, rectify it or delete it if required. The user may choose to exercise this right:
In the MyProfile section of the Client space,
By email to the address,,
Or by postal letter addressed to the company.
Mycomhub undertakes to ascertain the privacy of client data and informs clients that some private data necessary to the operation of the service may be used in the event of an information campaign conducted by mycomhub or its contractual partners. Should a disagreement arise out of the use of said data, the user may notify the company by email.
Applicable law and competent jurisdiction
Except where an amicable settlement prevails, any disputes arising out of the interpretation of these general terms shall be brought before the Trade Court of Marseilles.
