These General Terms and Conditions of Sale (hereinafter the "GTC") apply to all commercial relationships between DATA VOIP SOLUTIONS, an SAS with share capital of €2,000, registered with the Paris Trade Register under number 898 483 979, whose registered office is at 122 Rue Amelot, 75011 PARIS, France (hereinafter the "Provider"), and any professional client (hereinafter the "Client"). Any order implies full acceptance of these GTC. These GTC apply exclusively to B2B (Business-to-Business) relationships. No sale is concluded with consumers within the meaning of the French Consumer Code.
Art. 1. Definitions
For the purposes of these GTC, the following terms have the meanings set out below:
- Provider: DATA VOIP SOLUTIONS, electronic communications operator.
- Client: any legal entity or natural person acting in the course of their professional activity placing an order with the Provider.
- Services: all electronic communications services provided by the Provider, including SIP trunk services, wholesale VoIP, phone number allocation (DID), outbound traffic management (CPS/channels) and associated services.
- Pack: prepaid all-inclusive offer marketed by the Provider, including communication credit, simultaneous channel capacity (CPS) and preferential per-minute rates.
- CPS (Calls Per Second): number of simultaneous calls allowed per second under the subscribed Pack.
- DID (Direct Inward Dialing): geographic or non-geographic phone number(s) allocated to the Client.
- SLA (Service Level Agreement): agreement on service levels defining the Provider's commitments on availability and quality.
- CPCE: French Postal and Electronic Communications Code.
- ARCEP: French Regulatory Authority for Electronic Communications, Postal Affairs and Press Distribution.
Art. 2. Purpose
These GTC set out the rights and obligations of the parties under the provision by the Provider of electronic communications services for professional use, including in particular:
- The supply of voice-over-IP termination and origination (SIP trunk);
- The allocation and management of geographic, non-geographic and international phone numbers (DID);
- The provision of traffic capacity (CPS and simultaneous channels);
- Access to management services via the online client portal;
- Associated technical support services.
Art. 3. Orders and activation
3.1 Formation of the contract
Any order is formalized by acceptance of a quote or by online subscription to a Pack via the website or client portal. The contract is deemed formed on the date the Provider receives the signed purchase order or, for online orders, on the date of validation of the order accompanied by payment.
3.2 Activation
Activation of services takes place within 15 minutes to 24 business hours from receipt of payment and from the Client providing all necessary information (KYC data, technical contact details). This timeframe is indicative and may be extended in the event of regulatory checks or technical difficulties.
3.3 Eligibility conditions
The Provider's services are exclusively reserved for professionals (companies, operators, resellers, integrators). The Client undertakes to provide accurate and up-to-date information when registering. The Provider reserves the right to refuse any order without having to justify its decision.
Art. 4. Services and service levels (SLA)
4.1 Availability commitments
| Indicator | Commitment |
|---|---|
| VoIP platform availability | 99.5% per calendar month |
| Critical incident response time (P1) | Handled within 4 business hours |
| Major incident response time (P2) | Handled within 24 business hours |
| Minor incident response time (P3) | Handled within 72 business hours |
| Preventive maintenance window | Sunday 00:00–06:00 (48-hour prior notice) |
4.2 Exclusions
SLA commitments do not apply to interruptions resulting from:
- Scheduled maintenance notified in advance;
- Force majeure (Article 13);
- Failures attributable to the Client's infrastructure or equipment;
- Cyberattacks (DDoS, SIP flood) directed against the Client or its infrastructure;
- Actions or omissions of third-party operators (national or international interconnects).
4.3 Service quality
The Provider undertakes to maintain an Answer Seizure Ratio (ASR) above 85% on metropolitan France fixed and mobile destinations. Quality indicators are available in real time from the client portal.
Art. 5. Pricing and invoicing
5.1 Pricing
The applicable rates are those in force on the date of the order, as listed on the Provider's website or on the quote accepted by the Client. All prices are expressed in euros excluding VAT. The applicable VAT is the one in force on the invoicing date.
5.2 Prepaid Packs
Packs are prepaid and non-refundable. Communication credit is debited in real time on each call. If the credit is exhausted, the service is automatically suspended until the Client tops up. Unused credit is carried over without time limit as long as the Client account remains active.
5.3 Payment terms
Payment is due upon order for prepaid Packs. For clients under contract with monthly billing, payment is due within 30 days net from the invoice date. Any late payment automatically triggers, without prior notice, late penalties calculated at the ECB key rate increased by 10 points, as well as a flat collection indemnity of €40 (Article L.441-10 of the French Commercial Code).
5.4 Price revision
The Provider reserves the right to modify its rates, in particular in the event of changes in interconnection costs, regulatory taxes or applicable regulations. Any change is notified to the Client by email with 30 days' notice. Failing termination within this period, the Client is deemed to have accepted the new rates.
Art. 6. Term and termination
6.1 Term
The contract is entered into for an indefinite period from its effective date, unless otherwise stipulated in the quote or purchase order.
6.2 Termination by the Client
The Client may terminate the contract at any time, with 30 days' notice sent by registered letter with acknowledgment of receipt or by email to sales@data-voip-solutions.com. Unused prepaid credit is not refunded.
6.3 Termination by the Provider
The Provider may terminate the contract by operation of law, without notice or indemnity, in the event of:
- Non-payment on the due date, not remedied within 15 days following a formal notice;
- Serious or repeated breach of these GTC;
- Use of services for illegal or fraudulent purposes (termination fraud, SPIT, etc.);
- Provision of false information at registration or in the course of contract performance.
Outside the cases referred to above, the Provider may terminate the contract with 30 days' notice.
Art. 7. Number portability
The Provider implements number portability in accordance with the provisions of the CPCE and ARCEP decisions in force. Inbound porting requests are processed within applicable regulatory deadlines. Outbound porting requests (departure to another operator) are processed free of charge, under the conditions provided for by the regulations.
The Client is informed that portability is subject to technical and administrative conditions. The Provider declines all liability in the event of delays attributable to losing operators or to ARCEP. Administrative fees of €5 excluding VAT per ported number may apply for batch requests exceeding 20 numbers.
Art. 8. Operator regulatory obligations
8.1 Provider's obligations
As an electronic communications operator subject to the CPCE, the Provider undertakes to:
- Comply with the obligations of secrecy of correspondence (art. L.32-3 CPCE);
- Implement security measures for networks and services (art. L.33-1 CPCE);
- Cooperate with judicial and national security authorities in connection with legal requisitions;
- Comply with caller ID authentication obligations in accordance with ARCEP Decision No. 2025-2215 (STIR/SHAKEN);
- Enable access to emergency services (112) where technically applicable.
8.2 Client's obligations
The Client undertakes to:
- Use the services only for lawful purposes and in accordance with applicable regulations;
- Not use the services to send unsolicited bulk calls (SPIT — SPam over Internet Telephony);
- Not alter or falsify caller identification information (CLI spoofing);
- Comply with rules on the use of premium-rate and short numbers;
- Inform its own end users of the conditions of use of the services, in particular regarding traceability and access to emergency services;
- Maintain equipment and configurations compliant with the technical specifications provided by the Provider.
The Client is solely responsible for the use of the services by its end users. In case of breach of these obligations, the Provider may immediately suspend services without notice or indemnity.
Art. 9. Liability and warranties
9.1 Limitation of the Provider's liability
The Provider's liability is expressly limited to direct, proven damages resulting from a breach of its contractual obligations. Under no circumstances may the Provider be held liable for indirect damages, such as loss of revenue, loss of customers, loss of profits, damage to image or disruption of the Client's business.
The total amount of damages that may be charged to the Provider in respect of a claim is limited to the amount of sums actually invoiced and collected by the Provider under the contract during the 3 months preceding the occurrence of the damage.
9.2 Client's liability
The Client is solely responsible for the security of its own equipment (IPBX, softswitch, SBC) and for access to its client portal. The Provider cannot be held liable for the consequences of unauthorized access to the Client's systems resulting from the Client's negligence.
9.3 No warranty on third-party services
The Provider does not guarantee the quality of communications to third-party networks (foreign mobile networks, premium-rate numbers, etc.) over which it exercises no control.
Art. 10. Confidentiality
Each party undertakes to treat as strictly confidential all commercial, technical or financial information communicated by the other party under the contract, and not to disclose it to third parties without prior written agreement.
This confidentiality obligation remains in force throughout the term of the contract and for 3 years after its end, whatever the cause.
The processing of personal data is governed by the Provider's Privacy Policy, which complies with the GDPR.
Art. 11. Intellectual property
The Provider remains the sole holder of all intellectual property rights relating to its tools, software, platforms, APIs, documentation and trademarks. No transfer or licence of these rights is granted to the Client under these GTC, except for a limited, non-exclusive and non-transferable right of use, strictly necessary for the use of the services.
The Client undertakes not to reproduce, decompile, disassemble or attempt to access the source code of the Provider's software.
Art. 12. Assignment of the contract
The Client may not assign all or part of its rights and obligations under these GTC without the prior written consent of the Provider. The Provider reserves the right to assign this contract to any related entity (subsidiary, parent company) or in the context of a merger, acquisition or sale of business, without such assignment constituting grounds for termination by the Client.
Art. 13. Force majeure
Neither party shall be held liable for any breach of its contractual obligations if such breach results from a force majeure event within the meaning of Article 1218 of the French Civil Code. Force majeure includes in particular: natural disasters, terrorist acts, major outages of national internet infrastructure, unforeseeable government or regulatory decisions, large-scale national cyberattacks.
The prevented party must immediately notify the other party of the occurrence of the event. If the impediment lasts more than 30 days, each party may terminate the contract without indemnity by registered letter with acknowledgment of receipt.
Art. 14. Mediation and dispute resolution
In the event of a dispute relating to the performance of these GTC, the parties undertake to seek an amicable solution within 30 days from the notification of the dispute by the most diligent party.
Failing amicable resolution, and in accordance with Articles L.612-1 et seq. of the French Consumer Code (applicable by extension to micro-entrepreneurs), the parties may resort to mediation. The Provider is affiliated with the mediation scheme of the French Telecoms Federation (FFT) for B2B disputes within its scope.
For disputes relating to electronic communications regulation (interoperability, portability, access), the Client may refer the matter to ARCEP via its dispute resolution service (www.arcep.fr).
Art. 15. Applicable law and jurisdiction
These GTC are governed by French law. In the event of a dispute not resolved amicably or by mediation, the courts within the jurisdiction of the Paris Court of Appeal shall have exclusive jurisdiction, even in case of warranty claim or multiple defendants, unless mandatory legal provisions provide otherwise.
Art. 16. General provisions
16.1 Entire agreement
These GTC constitute the entire agreement between the parties and supersede any prior agreement or correspondence relating to their subject matter. In the event of a contradiction between these GTC and a purchase order or quote, the provisions of the quote shall prevail.
16.2 Partial invalidity
If any provision of these GTC is judged null, unwritten or unenforceable by a final court decision, such nullity does not extend to the other clauses, which shall retain their full effect.
16.3 No waiver
The fact that one party does not avail itself of a breach by the other party of any of the obligations referred to herein shall not be interpreted as a waiver of the obligation in question.
16.4 Evolution of the GTC
The Provider reserves the right to modify these GTC at any time. The new terms will be applicable 30 days after their publication on the Provider's website and notification by email to the Client. Lack of opposition within this period constitutes acceptance.
16.5 Contact
For any question relating to these GTC: DATA VOIP SOLUTIONS — 122 Rue Amelot, 75011 Paris, France.
- Email: sales@data-voip-solutions.com
- Phone: +33 9 74 13 65 00