Version dated 21/10/2020
Natural or legal person, domiciled in Gabon, signatory of the general and specific contractual conditions of Raamia Technology for any service subscribed with the company RaamiaTechnology.
Natural person registered with the ANPI, legal person or public body that provides through the Client a service to users and users registered on its service.
The contract is made up of the electronic order form completed by the Customer via Raamia Technology's Click SMS interface, these general conditions and possibly special conditions.
Fees charged to the Customer by Raamia Technology when activating its Service or an additional offer attached to it.
Customer account for any service subscribed to Raamia Technology's Click SMS platform and allowing access to the management interface.
'Manager' space accessible on Raamia Techonology's Click SMS site by the Customer after identification by entering his customer ID and corresponding password.
Telephone number allowing the identification of a user of a telecommunications network and whose format is determined in accordance with the provisions of the numbering plan preceded by 241.
Means 'Multimedia messaging service' multimedia messaging service transmitted on mobile devices.
Package containing a predetermined number of SMS that can be sent by the Customer through the Service.
Means all the services provided by Click SMS of Raamia Technology in accordance with the contracts subscribed by the Customer.
Raamia Technology's Click SMS website accessible from the Internet at the address www.clicksms.net from an Internet access.
Stands for 'Short Message Service'. 160-character alphanumeric messages that can be sent and received on a compatible mobile or fixed terminal.
Final recipient of SMS and for which the Customer has obtained prior consent to receive SMS.
The purpose of these general conditions is to define the technical and financial conditions of the SMS offer from Raamia Technology. Any use of the Service is subject to compliance with these contractual conditions by the Customer.
The Service consists of the routing from Raamia Technology's Click SMS platform of SMS to the MSISDNs of the Customer's users or the sponsor of the service. The use of the Service is subject prior to the creation of a Customer ID. The Service can be used through the Customer's management interface or through an API application. The creation by the Customer of Sender Identifiers is subject to validation by the administrators of Raamia Technology's Click SMS Platform. This can last up to 48 working hours. The Service allows send SMS to customers with a mobile phone line in Gabon. It is the Customer's responsibility to ensure that the recipients of his SMS have telephone lines belonging to one of the Airtel and/or Libertis operators. Raamia Technology does not guarantee the delivery of SMS sent by the Customer to operators not located on Gabonese territory.
The sending of SMS is the subject of a single invoicing according to the operator of the MSISDN of the final recipient. The Customer can send delayed SMS of 48 hours, the Customer can then choose to send the SMS on the terminal of the user within 48 hours following the validation of the sending. RAAMIA TECHNOLOGY reminds the Customer that he cannot cancel a deferred SMS once the sending request has been validated. The service does not allow the sending of MMS.
To subscribe to the Service, it is up to the Customer to connect to the site https://www.clicksms.net/. It is up to the Customer to create his customer account when ordering or connect from his already existing account. The Customer must ensure that the information provided is accurate. RAAMIA TECHNOLOGY reserves the right to ask the Customer to communicate to it by any means a list of documents proving his identity, his place of residence and his bank address allowing the opening of his line. Failing receipt of these documents within seven days of its request, Raamia Technology reserves the right to limit the service until the requested elements are transmitted.
The Customer undertakes to have the power, authority and capacity necessary for the conclusion and performance of the obligations provided for herein. The Customer undertakes to communicate and justify to Raamia Technology his contact details, place of residence and exact banking information as well as to update them regularly. It is up to the Customer to transmit valid information allowing his identification. He undertakes to communicate the up-to-date documents as soon as necessary (moving, change of bank address, etc.). The Customer undertakes to use the Service in accordance with the legislative and regulatory provisions in force. The Client shall refrain from any behavior having the purpose or effect of creating confusion in the minds of the public between itself and RAAMIA TECHNOLOGY. In this sense, the Customer undertakes to include for any SMS sent to users, its commercial name, or when it intervenes on behalf of a third party, the name of the sponsor for whom the message is sent. The Customer guarantees that he has all the intellectual property rights for the distribution of content or application subject to special protection. The Client shall refrain from any behavior having the purpose or effect of creating confusion in the minds of the public between itself and RAAMIA TECHNOLOGY. In this sense, the Customer undertakes to include for any SMS sent to users, its commercial name, or when it intervenes on behalf of a third party, the name of the sponsor for whom the message is sent. The Customer guarantees that he has all the intellectual property rights for the distribution of content or application subject to special protection. The Client shall refrain from any behavior having the purpose or effect of creating confusion in the minds of the public between itself and RAAMIA TECHNOLOGY. In this sense, the Customer undertakes to include for any SMS sent to users, its commercial name, or when it intervenes on behalf of a third party, the name of the sponsor for whom the message is sent. The Customer guarantees that he has all the intellectual property rights for the distribution of content or application subject to special protection. undertakes to include for any SMS addressed to users, its commercial name, or when it intervenes on behalf of a third party, the name of the sponsor for whom the message is sent. The Customer guarantees that he has all the intellectual property rights for the distribution of content or application subject to special protection. undertakes to include for any SMS addressed to users, its commercial name, or when it intervenes on behalf of a third party, the name of the sponsor for whom the message is sent. The Customer guarantees that he has all the intellectual property rights for the distribution of content or application subject to special protection.
The Customer agrees not to send SMS containing:
The Client is also prohibited from sending any SMS for the direct or indirect promotion of products subject to a legislative ban, or even alcoholic beverages...
The Client undertakes to comply with all of the Agency's prescriptions. National Digital Infrastructure and Frequencies (ANINF), the Customer is prohibited in this regard from sending SMS to users who have not expressly accepted the receipt of such messages. The Customer undertakes to ensure compliance with all legal and regulatory provisions relating to the processing of personal data and the protection of privacy, in particular with regard to electronic communications.
It is up to the Customer alone to ensure the processing of requests made by users and in particular relating to requests to oppose the receipt of SMS from the Customer.
The Customer undertakes to inform Raamia Technology of any mass sending of SMS likely to lead to an overload on the network of Raamia Technology, within seven days preceding the date of sending determined. The purpose of this prior warning is to allow Raamia Technology to anticipate any sudden increase in the number of SMS sent from its platform. In the absence of prior warning, Raamia Technology cannot be held liable for failure to send SMS sent by the Customer.
The Customer acknowledges that Raamia Technology may send it technical recommendations aimed at improving the quality of the Service and/or its security and therefore undertakes to connect regularly to its management interface as well as to its email.
The Customer acknowledges that Raamia Technology may be required, in order to improve the quality of the Service, to carry out technical interventions on its infrastructures likely to alter the proper functioning of the Service or to suspend it for a limited period. RAAMIA TECHNOLOGY will limit itself to communicating beforehand through all the means of communication at its disposal, the modalities of the interruption of the Service as well as the estimated duration of the interruption of the service.
The Customer undertakes to use telecommunications equipment that complies with the regulations in force, and to use the Service in accordance with the provisions of this Contract.
The Customer who has the quality of consumer, undertakes to use the service as a good father within the meaning of the provisions of the Civil Code but also of current case law. Any manifestly abusive use of the service will result in the possibility for Raamia Technology to limit or suspend all or part of the Service.
In the event of use considered abusive by Raamia Technology or its partners, Raamia Technology reserves the right to suspend the Customer's Service.
In general, any use not in accordance with the present will result in the possibility for Raamia Technology to suspend the Service.
The Customer undertakes to take all necessary measures to ensure that the password created by him or provided confidentially by Raamia Technology and allowing access to his management interface is not disclosed or unlawfully used.
The Customer remains solely responsible for the content of the SMS sent from the Raamia Technology platform but also for the promotional and communication actions carried out through the Service.
The Customer indemnifies Raamia Technology against any claim, action and/or recourse of any nature whatsoever emanating from a third party, the sponsor or users.
The Customer undertakes to pay directly to the author of the complaint any sum that the latter may require from Raamia Technology. In addition, the Customer undertakes to intervene at the request of Raamia Technology in any proceedings brought against the latter as well as to guarantee Raamia Technology against all judgments which may be pronounced against it on this occasion. Consequently, the Customer agrees to make his personal case for any complaint and/or procedure whatever the form, the object or the nature which would be formed against Raamia Technology and which would be attached to the obligations charged of the Customer hereunder.
The Customer, solely responsible for the content of the message, undertakes to ensure at his own expense the defense of Raamia Technology in the event that the latter would be the subject of an action for claim, relating to data, information, messages, for violation of privacy, violation of the right to personal data, etc., disseminated through Raamia Technology's Click SMS platform, and to bear the compensation due in compensation for any damage suffered, provided that they have complete freedom to settle and conduct the procedure.
The Customer alone will bear the consequences of the malfunction of the Service resulting from any use by members of its staff or by any person to whom the Customer has given access to the Service. Similarly, the Client alone bears the consequences of the loss or theft of the password(s) created by him or transmitted by Raamia Technology within the framework of the Service, a presumption of use relates to this title on the Client.
The Customer is responsible for any modification made to the configuration defined by Raamia Technology as well as any consequences thereof. It is the Customer's responsibility to report to Raamia Technology any technical incident encountered while using the Service.
The obligations subscribed by Raamia Technology are obligations of means.
RAAMIA TECHNOLOGY undertakes to implement the technical means necessary for the proper functioning of the Service, but cannot be held responsible for services dependent on other operators.
The Customer acknowledges being aware of the intervention of other operators in the routing of SMS.
Raamia Technology undertakes to make its best efforts to ensure the routing and integrity of the SMS sent by the Customer.
Raamia Technology reserves the right to refuse subscription to the Service to a Customer who has subscribed to an SMS sending offer terminated less than six months ago, following a serious breach of its contractual obligations as defined herein.
Raamia Technology does not guarantee the delivery of SMS to Roaming user destinations.
The liability of RAAMIA TECHNOLOGY cannot be sought in the event of:
- Fault, negligence, omission or failure of the Customer, non-compliance with the advice given,
- Unforeseeable and insurmountable fact of a third party to the contract,
- Event or incident beyond the control of Raamia Technology,
- Deterioration of the application,
- Misuse of the terminals by the Customer or by its employees,
- intervention by a third party not authorized by the Customer,
- Difficulty incumbent on the provider of Customer's Internet access or the contractual relationship between the Customer and said supplier,
- Routing of communication linked to other telecommunications operators,
- Weather disturbances,
- Failure to comply with a sufficient notice period in the event of overload network potential.
Raamia Technology cannot be held liable for the nature or content of the messages or information conveyed by the network, or for any intervention by third parties, or for any event related to the non-compliance of the electrical installation. of the customer, of any cabling or wifi network.
Raamia Technology does not guarantee that the Service will operate without any interruption. In the event of a failure of the Service, Raamia Technology will notify the Customer of the failure in question, informing him of its nature and will make its best efforts to remedy this failure.
The reparations owed by Raamia Technology in the event of a failure of the Service resulting from a fault established against it will correspond to the direct, personal and certain damage linked to the failure in question, to the express exclusion of any indirect damage.
Under no circumstances, in the presence of a professional Customer, excluding those likely to be considered as consumers within the meaning of the Consumer Code, Raamia Technology cannot be held liable for consequential damages, i.e. all those that do not result directly and exclusively from the partial or total failure of the Service provided by Raamia Technology, such as commercial damage, loss of orders, damage to brand image, any commercial disturbance, loss of profits or Customers (for example, inappropriate disclosure of confidential information concerning them following a defect or hacking of the system),for which the Customer will be his own insurer or may take out the appropriate insurance.
Any action directed against the Customer by a third party constitutes indirect damage and therefore does not give rise to the right to compensation. In any case, the amount of damages that could be charged to Raamia Technology, if its liability were engaged, will be limited to the amount of the sums actually paid by the Customer to Raamia Technology for the period in question or invoiced to the Customer. by Raamia Technology or the amount of the sums corresponding to the price of the service, for the part of the Service for which the responsibility of Raamia Technology has been retained. The lower of these sums will be taken into consideration.
For reasons related to network security and service quality, Raamia Technology informs the Customer that it may need to monitor the Service. It undertakes, where applicable, to respect in any case the right to privacy of the persons concerned.
Raamia Technology shall not be held liable for any case of Force Majeure as recognized by case law, and in particular:
performance of its obligations to the extent that the obligations of this party relate to the performance thus prevented, limited or disturbed, provided that the party thus affected makes its best efforts to avoid or remedy such causes of non-performance and that the both parties proceed promptly once such causes have ceased or been removed. The party affected by a Case of Force Majeure must keep the other party regularly informed by e-mail of the forecasts for the removal or re-establishment of this Case of Force Majeure. non-performance and that the two parties proceed promptly once such causes have ceased or been removed. The party affected by a Case of Force Majeure must keep the other party regularly informed by e-mail of the forecasts for the removal or re-establishment of this Case of Force Majeure. non-performance and that both parties proceed promptly once such causes have ceased or been removed. The party affected by a Case of Force Majeure must keep the other party regularly informed by e-mail of the forecasts for the removal or re-establishment of this Case of Force Majeure.
If the effects of a Case of Force Majeure were to last longer than 30 days, the contract may be terminated automatically at the request of either party, without right to compensation on either side. in accordance with article 14-1.
Raamia Technology provides the Customer with technical support, in particular by telephone at the telephone numbers indicated on the page https://www.clicksms.net/.
The Customer may report any technical incident via the incident declaration procedure from its Management Interface or by means of a telephone exchange.
The Customer determines when ordering the pack that best suits his needs.
Each SMS sent by the Customer from his service will be automatically deducted from his remaining SMS plan.
The Customer can choose to subscribe to additional options that he can associate with the subscribed offers. These may be billed upon installation or monthly, depending on the case.
Raamia Technology acknowledges receipt without delay to the Customer, by e-mail, of the order form and the payment made, and informs him of the implementation of the Service ordered under the conditions described below.
The provision of the service occurs after activation of the customer account by Raamia Technology within a maximum period of 7 days from the effective payment of the order form by the Customer. The effective payment is made when the sums corresponding to the Service are credited to the account of Raamia Technology.
After this period and in the absence of provision of the service by Raamia Technology, the Customer is entitled to request the cancellation of the transaction and the reimbursement of the sums already paid.
The prices of the services provided by Raamia Technology under the contract for the provision of services by Raamia Technology are subject to several tariffs established according to the nature of the services provided. The current rates are available for consultation online at www.clicksms.net and on request from Raamia Technology, at the address Raamia Technology, Centre-Ville, Immeuble SING.
The services offered are mentioned in the order form; they include all taxes and are payable in FCFA, in advance when registering the order form or after receipt via e-mail of the URL to the Customer's pro-forma invoice.
Raamia Technology reserves the right to modify its prices at any time, subject to informing the Customer by e-mail or by an online warning on the site www.clicksms.net one month in advance if the new prices are less favorable to the Client. Following this information, the Customer will be free to terminate the contract, under the conditions specified in article 14 hereof. Otherwise, the Customer will be deemed to have accepted the new rates. The price changes will be applicable to all contracts and in particular to those in progress.
Raamia Technology reserves the right to pass on, without delay, any new regulatory, administrative or legal tax or any increase in the rate of existing taxes.
The price list for geographical destinations not included in the packages, as well as the prices corresponding to the per-second package, are subject to change at any time, these being subject to the pricing of third-party operators.
Raamia Technology recommends that the Customer regularly consult the pricing page accessible on the Click SMS site to find out about the latest applicable prices.
Payment is made in cash or online by Electronic Money (Airtel Money or PayPal) when the contract is concluded or each month in the event of a subscription.
The Customer has the possibility of making a payment by check provided that it emanates from a banking establishment located on the Gabonese Territory (due to the high costs at our expense), by Money Order or by Administrative Money Order.
It is up to the Customer to choose the method of payment adapted to the service ordered and its execution time.
Any non-payment or non-payment (cancellation of payment by card, lack of funds and/or rejection by our bank following payment by direct debit, automatic renewal or check, etc.) will be considered as late payment.
By express agreement and unless postponement requested in time and granted by Raamia Technology in a particular and written manner, the total or partial failure to pay on the due date of any sum due under the contract will automatically and without prior notice entail:
- The immediate payment of all sums remaining due by the Customer under the contract, regardless of the method of payment provided.
- The collection of the security deposit paid by the Customer as part of the increase in its consumption limit as well as the immediate termination of the current contract;
- the possibility of suspending or terminating, if Raamia Technology sees fit, the execution of any order in progress until full payment of the sums owed by the Customer;
- the application of interest at a rate equal to three times the legal interest rate in force on the day following the payment due date,
- The suspension of all services in progress, whatever their nature , without prejudice for Raamia Technology to use the right to terminate the contract stipulated in the article TERMINATION.
Any disagreement concerning the invoicing and the nature of the Service must be expressed by e-mail to Raamia Technology support within one month after the purchase order has been issued.
In the event that costs are incurred by Raamia Technology, the latter will inform the Customer and provide him with the supporting documents and the corresponding invoice. The Customer may then pay the amount due by check in CFA Francs.
The limitation period for claims is 1 year. This period is interrupted by sending a complaint letter to Raamia Technology.
Raamia Technology makes available to the Customer, for a period of 12 months from the establishment of the invoice, the record of communications and information on the services invoiced.
The contract comes into force from the date of validation of the Customer's order by Raamia Technology. The contract is concluded for an indefinite period, until the issuance of all the SMS subscribed by the Customer.
14.1. Each party may terminate the contract automatically and without compensation in the event of force majeure under the conditions provided for in Article 8 hereof.
14.2. In other cases, the Customer is free to terminate the Contract by registered letter with acknowledgment of receipt addressed to RAAMIA TECHNOLOGY; Libreville-Gabon, Downtown, SING building. Any request for termination of the contract by the Customer will be effective from the day after the date of receipt by Raamia Technology, provided that the Customer has specified all the information required to identify him. The Customer may request that this termination take effect more than ten days after receipt by Raamia Technology of its termination request.
In the event of early termination, unused SMS will not be refunded to the Customer.
14.3. Failure by the Customer to comply with these conditions will entail the right for Raamia Technology to suspend without delay and without prior notice the Customer's Service and to immediately and automatically terminate the contract, without prejudice to the right to any damages. to which Raamia Technology may be entitled.
If the contract is terminated under the conditions set out above, the Customer may not claim reimbursement from Raamia Technology of the sums corresponding to the services already provided by Raamia Technology, and Raamia Technology shall not be liable for any compensation with regard to the Customer. On the other hand, if non-compliance with the customer's obligations results in prejudice for Raamia Technology, Raamia Technology reserves the right to sue the Customer to obtain full compensation for this prejudice and in particular the reimbursement of damages, penalties, costs, fees incurred by Raamia Technology.
14.4. In the event of a breach by one of the parties of one or other of its obligations under the contract which has not been repaired within 7 days of either a registered letter with acknowledgment of receipt sent by the complaining party notifying the breaches in question, or any other form of authentic notification sent by the said party, the contract will be terminated automatically, without prejudice to any damages that may be claimed from the defaulting party.
14.5. The date of notification of the letter containing the breaches in question will be the date of establishment of the letter.
14.6. The Customer may request the termination of his contract in the event of the deletion of a line covered by the Service and the list of which is accessible on the Click SMS site.
14.7. The Service is restricted, limited, suspended or terminated automatically if payment is not effective.
14.8. In any case, the restriction, limitation or suspension measures are exercised according to the seriousness and the recurrence of the violation(s). They are determined according to the nature of the breach(es) noted.
14.9. The Customer agrees in advance that Raamia Technology may restrict, limit or suspend the Service if RAAMIA TECHNOLOGY receives notice to that effect from a competent, administrative, arbitral or judicial authority, in accordance with the appropriate applicable laws.
14.10. Any notification of the Customer under this article must be addressed to Raamia Technology.
14.11. Raamia Technology reserves the right to immediately suspend the Service to comply with any court or administrative order or to comply with the law or to avoid any potential damage to the network.
The Customer has the possibility of invoking the exercise of the right of withdrawal, without having to justify reasons or to pay penalties, within a period of fourteen (14) days from the subscription of the contract, by post, by message sent to Raamia Technology Customer Service through its Management Interface, or through the withdrawal form accessible from the Raamia Technology Click SMS Site.
RAAMIA TECHNOLOGY informs the Customer that his data is recorded, and has been declared to the National Agency for Digital Infrastructures and Frequencies (ANINF), for Customer relationship management purposes. The Customer accepts that the personal data concerning him will be stored, processed and transferred by Raamia Technology to its subsidiaries, in particular outside Gabon, which may however only access this personal data to perform certain functions essential to the provision of the Service, in strict compliance with the Customer's rights with regard to the protection of personal data. Consequently, the Customer has a right to access, modify, rectify or delete his collected data, by simply contacting Raamia Technology, at Centre-Ville, Immeuble SING, Libreville / Gabon. The data transmitted by the Customer is kept for the duration of the contractual relationship and then the legal time necessary for the administration of proof. Raamia Technology prohibits any disclosure, any resale of personal data relating to the Customer. Only affiliates of Raamia Technology can also access it. any resale of personal data relating to the Customer. Only affiliates of Raamia Technology can also access it. any resale of personal data relating to the Customer. Only affiliates of Raamia Technology can also access it.
The nullity of one of the clauses of the contract for the provision of services subscribed with Raamia Technology, in application in particular of a law, a regulation or following a decision of a competent Court which has become final will not result in the nullity of the other clauses of the contract for the provision of services, which will retain their full effect and scope.
In this case, the parties must, as far as possible, replace the canceled provision with a valid provision corresponding to the spirit and the object of the Contractual Conditions.
The titles of the articles of the Contractual Conditions are for the sole purpose of facilitating references and do not have, by themselves, a contractual value or a particular meaning.
The specific conditions and any annexes are incorporated by reference into the General Conditions of Service of Raamia Technology and are inseparable from said General Conditions.
All of these documents are referred to in this document as “General Conditions”. All of the documents incorporated into this contract by reference can be consulted by the Customer at the addresses indicated on the page: https://www.clicksms.net/
These documents are also subject to modifications or changes.
For any exchange of information by e-mail, the date and time of the Click SMS server will prevail between the Parties. This information will be kept by RAAMIA TECHNOLOGY for the entire period of the contractual relationship.
All notifications, communications, formal notices provided for by the General Conditions will be deemed to have been validly delivered if they are sent by registered letter with acknowledgment of receipt to:
• For RAAMIA TECHNOLOGY: Libreville / Gabon, Center-Ville, Building SING
• For the Customer: to the postal address and/or e-mail that he provided to Raamia Technology
Raamia Technology may, on the occasion of advertising, events, in conferences and specialized publications on the professional markets, avail itself of the services provided to the Customer as well as on its commercial documents and/or its brochure.
In the event of a dispute with a customer not considered a consumer within the meaning of the Consumer Code, express jurisdiction is assigned to the Commercial Court of Libreville, notwithstanding multiple defendants or warranty claims, including for emergency measures, conservatories in referred or on request.
This contract is governed by Gabonese law. This is the case for the rules of substance as well as for the rules of form, excluding, on the one hand, the rules of conflict provided for by Gabonese law, and on the other hand, the provisions of Gabonese law which would be contrary to this Agreement.
