GENERAL TERMS OF SALE AND USE
Last update: April 2023
URBAN TECHNOLOGY, a limited liability company with a capital of one million (1,000,000), registered with the trade and credit register of Cotonou under number RB/COT/16 B 15170, with its registered office located in Abomey-Calavi, at Zogbadjè, Maison Latifou GBODJI (hereinafter referred to as URBAN TECHNOLOGY), publisher and operator of the "fastermessage" website (hereinafter referred to as the "Site"), has established these general terms and conditions of sale and use (hereinafter referred to as the "CGV-CGU"), governing access to and use of the Site.
They also establish the conditions and terms under which URBAN TECHNOLOGY agrees to provide the digital content (hereinafter referred to as the "Content") and digital services (hereinafter referred to as the "Services") presented on the Site. The Content and Services offered on the Site are reserved for professionals.
ARTICLE 1: ACCEPTANCE OF THE CGV-CGU
Before using the Site or purchasing Content and Services on the Site, you acknowledge that you have read these CGV-CGU and accept them without restriction or reservation.
You declare that you are legally capable of entering into a contract.
These CGV-CGU also apply to any variation or extension of the Site on existing or future social or community networks or applications.
We recommend that you download and/or print them in order to keep them and refer to them in the future.
ARTICLE 2: ACCESS TO THE SITE
To access the Site, you must have an internet-connected terminal device. You are responsible for all costs associated with your digital environment (computer hardware, software, and network connection), including internet connection costs.
URBAN TECHNOLOGY may refuse access to the Site to anyone who does not comply with these CGV-CGU.
ARTICLE 3: REGISTRATION
Access to Content and Services requires the creation of a personal account.
Registration is free. It is done by filling out the online form provided for this purpose. To do this, you must provide the following information:
- Name and first names;
- Company name;
- Commercial register number;
- Unique Fiscal Identification Number (IFU);
- Email address.
You agree to provide accurate and truthful information about yourself.
A confirmation email is then sent to the provided address, including a summary of the login information.
The login ID is personal and cannot be used by multiple individuals, nor can it be assigned, rented, or transferred in any way.
The password is confidential and must not be disclosed to any third party. It can be changed from your personal space. You must take all necessary measures to protect your password.
You also agree to inform URBAN TECHNOLOGY promptly by any means available to you in case of detecting or suspecting fraudulent or unauthorized access to your account.
You can request your unsubscribe and the deletion of your account at any time from your personal space or by email to the following address: faster@fastermessage.com.
URBAN TECHNOLOGY reserves the right to delete your account without notice in case of violation of these CGV-CGU, including:
- In case of use contrary to the current legislation;
- In case of fraudulent use or impersonation of a third party's identity;
- In case of infringement of the rights of URBAN TECHNOLOGY or a third party.
URBAN TECHNOLOGY may also delete your account in case of inactivity for more than one (01) year.
Article 4: Content and services
Article 4.1 : Présentation
fastermessage is a professional SMS sending solution. It allows you to import your contact database and manage your SMS campaigns. It is a means of sending personalized messages, grouped in large quantities worldwide. It also has an easy-to-integrate and flexible API, which is very convenient for developers.
The service offered on the site is chargeable.
Article 4.2 : Compatibilité
To use the Contents and Services, you must have a compatible digital environment (computer hardware, software, and network connection).
You must have a computer using a web browser (Chrome, Firefox, etc.).
ARTICLE 5: SUPPLY
The Contents and Services are available in Africa and Europe. The Contents and Services are made available to you upon registration and recharge of your account through your personal space.
ARTICLE 6: FINANCIAL CONDITIONS
Article 6.1: Price
The prices are indicated on the Site in CFA francs. URBAN TECHNOLOGY reserves the right to modify them at any time. The applied price is the one in effect at the time of campaign confirmation. If you have subscribed to an order, any tariff modification will be communicated to you no later than one (01) month before it comes into effect. Exceptionally, in case of erroneously indicated price that is manifestly derisory compared to the real value of a service, the campaign may be canceled.
Article 6.2: Prepayment
The recharge of your account is done by prepaying a number of SMS, either by cash, by bank transfer, by credit card via a secure system, or by money transfer via mobile networks. Following a campaign, the customer cannot obtain any refund for sent but unreceived SMS by the recipient, as the cost of the paid service is definitively acquired by URBAN TECHNOLOGY. Similarly, the Client loses all rights to use prepaid SMS, which will be automatically canceled without any right to reimbursement in case of account deletion or violation of these CGV-CGU. Your payment method is automatically debited.
Article 6.3: Order
Account recharge can be done by placing an order based on a contract established by URBAN TECHNOLOGY. The payment deadline is thirty (30) days after receipt of the invoice. In case of late payment, a penalty at the legal interest rate will apply to the amount due. In case of late payment, initiation of judicial recovery proceedings, liquidation, or insolvency, URBAN TECHNOLOGY may suspend the execution of all current or future obligations, demand the establishment of security, or require immediate payment, without prejudice to any other course of action. No discount is granted for early payment, including prepayment.
Article 6.4: Double-counting character
The following characters count as two in the calculation of message length and cost: { } € [ ] ~ ^ " I & $ @ n r t (carriage return and tabulation). The maximum character count per message is one hundred sixty (160) characters. In case of exceeding the limit, the SMS will be charged double.
ARTICLE 7 : RESPONSABILITIES
URBAN TECHNOLOGY makes its best efforts to provide accurate and up-to-date information and content on the Site, without, however, being able to guarantee the performance, completeness, or reliability of this information and content.
URBAN TECHNOLOGY is not responsible for technical, computer, or compatibility problems or failures affecting the availability or use of the Site, due to reasons or circumstances beyond its control.
URBAN TECHNOLOGY is also not responsible for damages that may result from the use of the Site, including data loss, deterioration, destruction, or viruses that may affect your computer equipment.
ARTICLE 8: INTELLECTUAL PROPERTY
The entire Site, its structure, and its content (texts, tables, graphics, images, photographs, videos, sounds, databases, applications, and software) are protected by copyright and intellectual property rights of URBAN TECHNOLOGY or its suppliers and providers.
Any unauthorized representation, reproduction, adaptation, modification, or exploitation is prohibited and may constitute an infringement under Annex I, Article 62 of the Bangui Agreement establishing an African Intellectual Property Organization.
The Contents and Services offered on the Site are also protected by copyright and intellectual property rights. Resale, exchange, rental, or transfer to a third party is strictly prohibited.
The use of certain Contents and Services may be subject to the acceptance of a license agreement provided to you at the time of purchase.
ARTICLE 9: AVAILABILITY
URBAN TECHNOLOGY strives to provide access to the Site 24 hours a day, 7 days a week, except in cases of force majeure or events beyond its control, without guaranteeing any specific outcome or minimum level of quality regarding its availability.
URBAN TECHNOLOGY may at any time and without notice suspend or limit access to the Site in order to perform maintenance, updates, modify its content, or take any other action necessary for its proper functioning.
ARTICLE 10: HYPERTEXT LINKS
The Site may contain hypertext links to other websites or external sources.
URBAN TECHNOLOGY assumes no responsibility for the information, advertisements, products, services, or any other content available on these websites or external sources.
URBAN TECHNOLOGY allows the establishment of hypertext links to the Site, provided that the source site does not contain any illegal, violent, or pornographic content, and excluding any use of these links for commercial or advertising purposes. URBAN TECHNOLOGY reserves the right to oppose.
ARTICLE 11: PERSONAL DATA
As part of its activities, URBAN TECHNOLOGY is committed to implementing a processing of personal data of its users that respects their privacy and complies with the current legislation in Benin.
Who is the data controller?
The data controller is:
The company URBAN TECHNOLOGY, a limited liability company, registered with the trade and credit registry under number RB/COT/16 B 15170, with its registered office located in Abomey-Calavi, Zogbadjè, Latifou GBODJI's house.
What data is collected?
URBAN TECHNOLOGY collects the information that you agree to provide through forms on the Site when you create your personal account or place an order. The mandatory nature of the data is indicated during collection by an asterisk.
URBAN TECHNOLOGY also collects data related to monitoring the business relationship, including your history on the website www.fastermessage.com and the requests and correspondence addressed to the customer service.
Why are your data collected?
Your data is processed on the legal basis of the conclusion and execution of your contract:
- For the management and follow-up of your order;
- For billing and payment collection;
- For claims management and after-sales follow-up. ;
- For the creation and management of your personal account;
Your data is processed on the legal basis of URBAN TECHNOLOGY's legal obligations:
- For compliance with its accounting and tax obligations;.
Your data is processed on the legal basis of URBAN TECHNOLOGY's legitimate interests:
- For the management and improvement of the Site's performance and features;
- For statistical analysis and activity monitoring of the Site;
- For quality studies and sales statistics of the offered Contents and Services;
- For combating fraud and improving the security of the Site.
For how long are your data retained?
Your data is retained for the entire duration of the contractual relationship between you and URBAN TECHNOLOGY.
The data required for billing and accounting and tax obligations are archived for 10 years.
To whom are your data transmitted?
Your data may be transmitted to URBAN TECHNOLOGY's employees, as well as subcontractors involved in the proper functioning of the Site: IT service providers (hosting, maintenance, security...), payment service providers, technical and logistics subcontractors, statistical analysis and communication consultants.
Your data may be transferred to Canada to our hosting provider "Planethoster," whose headquarters are located in Quebec. In this case, URBAN TECHNOLOGY must ensure that this data receives a level of protection substantially equivalent to that guaranteed in Benin. You can request more information about these appropriate safeguards using the contact details provided below.
By accepting these Terms and Conditions, you agree that your personal data will be transferred to our hosting provider "Planethoster" in Canada.
What are your rights?
You can access, correct, request the erasure of, or exercise your right to restrict the processing of your data.
You can also object to the processing of your data for reasons related to your particular situation, except in the case of commercial prospecting, which you can oppose without giving any reason.
You can withdraw your consent at any time without affecting the lawfulness of the processing based on consent before its withdrawal.
You have the right to data portability.
You can issue instructions regarding the retention, erasure, and disclosure of your personal data after your death.
Finally, you can file a complaint with the APDP on its website (www.apdp.bj) or by phone at (+229) 21325788 / 69550000 or the toll-free number: 150.
To exercise your rights, please send your request to the following contact details: faster@fastermessage.com.
ARTICLE 12: COOKIES
URBAN TECHNOLOGY uses cookies and other trackers for advertising purposes and to enhance your experience on the Website.
More information on the operation and procedure to manage cookies is available at this address: www.fastemessage/cookies.com.
ARTICLE 13: FORCE MAJEURE
URBAN TECHNOLOGY shall not be held responsible for any delay or failure in fulfilling its obligations caused by a force majeure event, as typically defined by Beninese courts.
ARTICLE 14 : MODIFICATIONS
URBAN TECHNOLOGY reserves the right to modify, at any time and without prior notice, these General Terms and Conditions, in particular to adapt to the developments of the Website by providing new features or removing or modifying existing features.
ARTICLE 15: PARTIAL NULLITY
If one or more provisions of these General Terms and Conditions are declared null and void by the application of the law, a regulation, or a final decision of a Beninese jurisdiction, the other provisions shall remain in full force and effect.
ARTICLE 16: APPLICABLE LAW - DISPUTES
This contract is exclusively governed by Beninese law. In the event of a dispute, the Beninese courts shall have exclusive jurisdiction.