{"id":18731,"date":"2022-02-01T12:27:35","date_gmt":"2022-02-01T10:27:35","guid":{"rendered":"https:\/\/wizardly-einstein.82-165-125-94.plesk.page\/terms-of-service\/"},"modified":"2026-08-17T12:21:15","modified_gmt":"2026-08-17T09:21:15","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/kavkom.com\/en\/privacy\/terms-and-conditions\/","title":{"rendered":"Terms &#038; Conditions"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-page\" data-elementor-id=\"18731\" class=\"elementor elementor-18731 elementor-463\" data-elementor-post-type=\"page\">\n\t\t\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-b6e8011 elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"b6e8011\" data-element_type=\"section\" data-e-type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-700defa\" data-id=\"700defa\" data-element_type=\"column\" data-e-type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-2e2bd54 elementor-widget elementor-widget-heading\" data-id=\"2e2bd54\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"heading.default\">\n\t\t\t\t\t<h1 class=\"elementor-heading-title elementor-size-default\">Terms &amp; Conditions<\/h1>\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-bc96572 elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"bc96572\" data-element_type=\"section\" data-e-type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-068542c\" data-id=\"068542c\" data-element_type=\"column\" data-e-type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<section class=\"elementor-section elementor-inner-section elementor-element elementor-element-c49cb9a elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"c49cb9a\" data-element_type=\"section\" data-e-type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-50 elementor-inner-column elementor-element elementor-element-5dd7fce\" data-id=\"5dd7fce\" data-element_type=\"column\" data-e-type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-ba5abc7 elementor-widget elementor-widget-table-of-contents\" data-id=\"ba5abc7\" data-element_type=\"widget\" data-e-type=\"widget\" data-settings=\"{&quot;exclude_headings_by_selector&quot;:[],&quot;marker_view&quot;:&quot;bullets&quot;,&quot;icon&quot;:{&quot;value&quot;:&quot;&quot;,&quot;library&quot;:&quot;&quot;},&quot;no_headings_message&quot;:&quot;Aucun titre n\\u2019a \\u00e9t\\u00e9 trouv\\u00e9 sur cette page.&quot;,&quot;headings_by_tags&quot;:[&quot;h2&quot;,&quot;h3&quot;,&quot;h4&quot;,&quot;h5&quot;,&quot;h6&quot;],&quot;hierarchical_view&quot;:&quot;yes&quot;,&quot;min_height&quot;:{&quot;unit&quot;:&quot;px&quot;,&quot;size&quot;:&quot;&quot;,&quot;sizes&quot;:[]},&quot;min_height_tablet&quot;:{&quot;unit&quot;:&quot;px&quot;,&quot;size&quot;:&quot;&quot;,&quot;sizes&quot;:[]},&quot;min_height_mobile&quot;:{&quot;unit&quot;:&quot;px&quot;,&quot;size&quot;:&quot;&quot;,&quot;sizes&quot;:[]}}\" data-widget_type=\"table-of-contents.default\">\n\t\t\t\t\t\t\t\t\t<div class=\"elementor-toc__header\">\n\t\t\t\t\t\t<div class=\"elementor-toc__header-title\">\n\t\t\t\tTable of Contents\t\t\t<\/div>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<div id=\"elementor-toc__ba5abc7\" class=\"elementor-toc__body\">\n\t\t\t<div class=\"elementor-toc__spinner-container\">\n\t\t\t\t<svg class=\"elementor-toc__spinner eicon-animation-spin e-font-icon-svg e-eicon-loading\" aria-hidden=\"true\" viewBox=\"0 0 1000 1000\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\"><path d=\"M500 975V858C696 858 858 696 858 500S696 142 500 142 142 304 142 500H25C25 237 238 25 500 25S975 237 975 500 763 975 500 975Z\"><\/path><\/svg>\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t<div class=\"elementor-column elementor-col-50 elementor-inner-column elementor-element elementor-element-8772098\" data-id=\"8772098\" data-element_type=\"column\" data-e-type=\"column\" data-settings=\"{&quot;background_background&quot;:&quot;classic&quot;}\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-269be15 elementor-widget elementor-widget-text-editor\" data-id=\"269be15\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t\t\t\t\t\t<p>These General Terms and Conditions of Sale and Use (hereinafter the \u201cGeneral Terms and Conditions\u201d or the \u201cAgreement\u201d) are entered into between <strong>KAVKOM FRANCE<\/strong>, a simplified joint-stock company with a share capital of 5,000 euros, registered with the Paris Trade and Companies Register under number 845 151 067, with its principal place of business located at 53 avenue Victor Hugo, 75016 Paris (hereinafter \u201cKAVKOM\u201d or the \u201cCompany\u201d), and the legal entity whose information is provided in the Order (hereinafter the \u201cCustomer\u201d). KAVKOM and the Customer are hereinafter referred to individually as a \u201cParty\u201d and collectively as the \u201cParties.\u201d <\/p><section class=\"cgv-article\" aria-labelledby=\"article-1\"><h2 id=\"article-1\">1. Definitions<\/h2><p>For the purposes of this Agreement, the terms listed below, whether used in the singular or plural, have the following meanings:<\/p><ul><li><strong>\u201cAnomaly\u201d or \u201cDefect\u201d<\/strong> means any deviation of a Service from the technical specifications applicable to it. An Anomaly or Defect is deemed major when it prevents the Customer from using the Service in question. Otherwise, it is deemed minor.  <\/li><li><strong>\u201cApplication\u201d<\/strong> means the web-based application platform developed by the Company and made available to the Customer on a SaaS (software as a service) basis pursuant to the Agreement, incorporating the features specified in the Order, including, if applicable, the Telephone System.<\/li><li><strong>\u201cOrder\u201d<\/strong> means any order for a subscription and\/or Services placed by the Customer via an online form or otherwise agreed upon in writing between the Parties.<\/li><li><strong>\u201cCustomer Data\u201d<\/strong> means all data and information entered, imported, and\/or uploaded by the Customer into the Application, including, where applicable, personal data relating to its customers, prospects, employees, suppliers, and other business partners.<\/li><li><strong>\u201cCommencement of Service\u201d<\/strong> means the starting point for the Company\u2019s provision of Services under the relevant Order.<\/li><li><strong>\u201cPrerequisites\u201d<\/strong> means the technical, hardware, software, and organizational requirements necessary for the use of the Services, including those set forth in Article 5.<\/li><li><strong>\u201cServices\u201d<\/strong> means all services that may be provided by the Company pursuant to the Order, including, in particular, the provision of the Application as well as, where applicable, installation, training, and technical support services, and any other professional services agreed upon by the Parties.<\/li><li><strong>\u201cTelephone System\u201d<\/strong> means the telephony and electronic communications features made available to the Customer as part of the Services.<\/li><li><strong>\u201cUser\u201d<\/strong> means any individual authorized by the Customer to access the Application or to use all or part of the Services under the Customer\u2019s responsibility.<\/li><\/ul><\/section><section class=\"cgv-article\" aria-labelledby=\"article-2\"><h2 id=\"article-2\">2. Object<\/h2><p>The purpose of this Agreement is to define the terms under which the Customer may subscribe to the Services offered by KAVKOM and under which KAVKOM provides the Customer with the Services covered by the Order.<\/p><p>The provisions of this Agreement constitute the entire agreement between the Parties with respect to its subject matter and supersede and nullify all prior statements, negotiations, communications, commitments, acceptances, or agreements, whether oral or written, relating to the same subject matter. This Agreement shall prevail over any other document issued by the Customer, including any general terms and conditions of purchase, unless expressly accepted in writing by the Company. <\/p><\/section><section class=\"cgv-article\" aria-labelledby=\"article-3\"><h2 id=\"article-3\">3. Ordering Services<\/h2><p>By placing an Order, the Customer acknowledges that they have fully read and understood the Agreement, accept it without reservation, and have verified that the Services ordered meet the needs of their professional activity.<\/p><p>The Company reserves the right to refuse Activation if all necessary information, documents, and Prerequisites have not been provided to it. The Customer shall promptly notify the Company in writing of any changes to the information concerning the Customer contained in the Order or in any other part of the Contract, including any changes to bank account information, billing address, or legal identity. <\/p><p>If the Customer subscribes to multiple Services, the Company may, for technical and\/or commercial reasons, refuse or delay the implementation of one of them, without such a decision constituting grounds for termination of the other subscribed Services.<\/p><p>KAVKOM may refuse any new subscription, re-registration, or account reactivation, particularly in the following cases:<\/p><ul><li>the existence of outstanding amounts owed by the Customer under another contract entered into with KAVKOM;<\/li><li>refusal or inability to provide the requested information or supporting documents;<\/li><li>refusal of authorization by the relevant payment service providers or institutions;<\/li><li>any inaccuracy, inconsistency, or incompleteness in the Client\u2019s statements;<\/li><li>adverse contractual history, serious suspicion of fraud or illegal activity;<\/li><li>a link to another account that has been the subject of fraud, an unpaid balance, or a refund related to unauthorized use, including when that account was opened under a different identity.<\/li><\/ul><p>Under these circumstances, the subscription request may be canceled, and the Customer will be notified by email or by any other appropriate means.<\/p><\/section><section class=\"cgv-article\" aria-labelledby=\"article-4\"><h2 id=\"article-4\">4. Performance of Services<\/h2><p>In connection with the performance of the Services, the Customer is responsible, in particular, for:<\/p><ol><li>to assist in identifying its needs;<\/li><li>to provide the Company with all information and documents necessary for the performance of the Services, including proof of identity and any other supporting documentation required depending on the nature of the Services;<\/li><li>to meet the prerequisites;<\/li><li>to cooperate fully, in good faith, and within a reasonable time frame with the Company.<\/li><\/ol><p>The Company\u2019s fulfillment of its commitments and adherence to the deadlines it has announced\u2014including those for Commissioning\u2014is contingent upon the Customer\u2019s fulfillment of its own obligations.<\/p><\/section><section class=\"cgv-article\" aria-labelledby=\"article-5\"><h2 id=\"article-5\">5. Prerequisites<\/h2><p>The Customer agrees to use the Services in accordance with the Company\u2019s instructions and the Prerequisites. Use of the Application and the Telephone System requires, in particular, that the Customer ensure that its telephone carrier, Internet service provider, or network administrator allows it to receive and make phone calls from a compatible browser, mobile app, or SIP phone. Failure to do so may result in all or part of the Services being unavailable.  <\/p><p>In order to receive high-quality Services, it is the responsibility of the Customer and its Users to ensure, in particular, that:<\/p><ul><li>have an Internet connection of sufficient quality, with a recommended actual download speed of at least 2 Mb\/s and an upload speed of at least 1 Mb\/s;<\/li><li>to prioritize voice traffic over data traffic on their network;<\/li><li>to use access equipment that preserves the integrity of SIP messages;<\/li><li>to allow traffic to ports 443\/TLS, 5060\/UDP, 5060\/TCP, 5080\/TCP, 5080\/UDP, and 20000 through 22000\/UDP for RTP traffic;<\/li><li>to use, in order of preference, the OPUS, Speex, and G711 (PCMA, PCMU) codecs.<\/li><\/ul><\/section><section class=\"cgv-article\" aria-labelledby=\"article-6\"><h2 id=\"article-6\">6. Duration &#8211; Termination<\/h2><p>The Agreement is entered into for the minimum subscription or commitment period specified in the Order. It is then automatically renewed for identical periods, unless the Customer terminates it through the subscription management interface accessible in the Application or by email sent to the Company within a reasonable time before the scheduled renewal date. <\/p><p>Any termination initiated by the Customer takes effect at the end of the current subscription period and does not entitle the Customer to any refund. In the event of termination, all amounts owed to the Company under the Contract\u2014including those for the minimum commitment period specified in the Order\u2014become immediately due and payable and must be paid without delay. <\/p><p>In the event that either Party breaches any of its material obligations under the Agreement and fails to remedy such breach within fifteen (15) days of receiving a written notice of default specifying the breach in question, the Contract may be terminated automatically, without prejudice to the other rights of the non-defaulting Party. The Customer\u2019s failure to comply with its payment obligations, as well as its obligations set forth in Sections 11.2 and 18, constitutes a breach of an essential obligation. <\/p><p>The provisions of this article do not preclude measures to restrict, suspend, or terminate service that may be taken immediately in the situations provided for in Article 18, taking into account, in particular, the severity of fraud, manifestly unlawful use, or a serious risk to KAVKOM, its networks, or its operator partners.<\/p><p>Effective as of the date the termination of the Agreement takes effect, regardless of the reason, the Customer shall immediately cease all use of the Application and the Services.<\/p><\/section><section class=\"cgv-article\" aria-labelledby=\"article-7\"><h2 id=\"article-7\">7. Right to use the Application<\/h2><p>Upon acceptance of the Order, the Company grants the Customer, for the term applicable to that Order, a personal, non-exclusive, non-assignable, and non-transferable right to use the Application for its own business purposes and within the scope set forth in the Order.<\/p><p>Unless expressly authorized by the Agreement, the Customer shall not, in particular, grant sublicenses, rent, lend, assign, or transfer in any manner whatsoever all or part of the rights granted to it with respect to the Application.<\/p><\/section><section class=\"cgv-article\" aria-labelledby=\"article-8\"><h2 id=\"article-8\">8. Access to the Application<\/h2><p>The Customer or any User accesses the Application using the login credentials assigned to them or chosen by them. The Customer is responsible for the confidentiality and security of these credentials, as well as for any actions taken through the accounts under their control. The Company shall not be held liable for any loss or damage resulting from the Customer\u2019s or a User\u2019s negligence in protecting their login credentials and\/or Data.  <\/p><p>Management of access to the Application within the Customer\u2019s organization may be entrusted to one or more administrators designated by the Customer. These administrators are responsible for assigning access rights and features to Users. The number of authorized User and administrator accounts may be limited depending on the Order.  <\/p><\/section><section class=\"cgv-article\" aria-labelledby=\"article-9\"><h2 id=\"article-9\">9. Technical Support \u2013 Maintenance<\/h2><p>Subject to the terms of the Order, if a Malfunction occurs during the use of the Application and\/or the Services, the Company will use its best efforts, upon receipt of a notification sent to its technical support department, to provide a corrective or workaround solution within a reasonable time frame.<\/p><p>The Customer acknowledges and agrees that the Company may correct a Malfunction through automatically installed updates. Minor defects that do not prevent normal use of the Application and\/or Services do not necessarily require a specific fix. The Company assumes no obligation to provide maintenance or technical support if the Customer fails to follow its instructions or meet the Prerequisites.  <\/p><\/section><section class=\"cgv-article\" aria-labelledby=\"article-10\"><h2 id=\"article-10\">10. Financial Terms<\/h2><p>The rates for the Services and the billing frequency are specified at the time of subscription and in the Order. The Company shall notify the Customer, by any means and with reasonable advance notice, of any proposed rate changes during the term of the Contract that will take effect upon the next renewal. The Customer is deemed to have accepted such a change if the Customer continues to use the Services after the relevant renewal.  <\/p><p>The Customer agrees to receive invoices from the Company in electronic form. Invoices are made available in the Customer Portal or on the Company\u2019s extranet. Upon written request to customer service, the Customer may obtain a paper invoice. When certain Services are billed on a pay-as-you-go basis, invoices are generated based on data from the Company\u2019s billing system. This data is retained for a period of one (1) year from the date of its recording, subject to the retention periods required by applicable regulations.    <\/p><p>The Customer agrees to pay the lump-sum, recurring, and\/or variable amounts specified in the Order. The amounts due are collected in advance according to the payment schedule set forth in the Order. Without prejudice to the Company\u2019s other rights, any failure to pay or delay in payment shall result, as of the day following the due date shown on the invoice, in the application of late payment penalties calculated at three times the statutory interest rate. A flat-rate indemnity of forty (40) euros for collection costs is also due, without prejudice to the Company\u2019s right to seek additional compensation if the collection costs actually incurred are higher.   <\/p><p>If a payment default persists after more than three attempts to collect payment, the Company may, after sending written notice and without prejudice to its other rights, suspend the Customer\u2019s access to the Application and\/or the Services until the amounts due have been paid in full. If the matter is not resolved, the Customer\u2019s Data may be deleted one (1) month after such suspension, subject to legal retention obligations and the provisions of the personal data processing agreement. The Customer may not claim any compensation for the interruption of the Services resulting from a payment incident attributable to the Customer.  <\/p><p>Any dispute regarding the content of an invoice must be sent to the Company by certified mail with return receipt requested, must be duly substantiated, and must be raised within ten (10) days of receipt of the invoice. If no dispute is raised within this period, the invoice shall be deemed accepted. In the event of a dispute, only the portion of the payment that is actually in dispute may be suspended until the Parties reach an agreement. The Customer shall immediately pay the undisputed portion and, within the same timeframe, provide the supporting documentation for its dispute.   <\/p><\/section><section class=\"cgv-article\" aria-labelledby=\"article-11\"><h2 id=\"article-11\">11. Warranties<\/h2><h3 id=\"article-11-1\">11.1 Company warranties<\/h3><p>The Company warrants that the Application and the Services are provided in accordance with the terms of the Agreement. However, it is noted that the Company is bound by an obligation of means. It does not guarantee that the Application and\/or the Services are free from any Malfunction, operate without interruption, or meet the Customer\u2019s expectations that were not expressly set forth in the Order.  <\/p><p>The Company makes every effort to ensure the availability of the Application. However, it cannot be held liable for any unavailability resulting, in particular, from malfunctions in Internet networks, electronic communications networks, hosting infrastructure, third-party equipment or services, or from scheduled maintenance. The Customer acknowledges that the use of the Internet and electronic communications networks does not allow the Company to guarantee the absence of outages, service degradation, intrusions, hacking, malware infection, or data loss.  <\/p><h3 id=\"article-11-2\">11.2 Customer warranties<\/h3><p>The Customer is fully liable to the Company for ensuring that the Customer\u2019s Data complies with applicable regulations, including that the Data is lawful and does not infringe on the rights of third parties.<\/p><p>The Customer shall indemnify the Company against the consequences of any breach of applicable regulations committed by the Customer or by a User in connection with the use of the Application and\/or the Services. The Customer assumes full responsibility for the use of the Services by its employees, Users, service providers, subcontractors, agents, and, more generally, by any person acting on its behalf. In particular, the Customer shall comply with the obligations set forth in Article 18 regarding the use of telephony services, telemarketing, the use of phone numbers, and fraud prevention.  <\/p><p>The Client shall defend, indemnify, and hold harmless the Company from and against any claim, complaint, lawsuit, judgment, penalty, fine, cost, or expense arising from a third party or an authority and resulting from a breach attributable to the Client or persons acting on its behalf, provided that the Company notifies the Client within a reasonable time of the claim in question and allows the Client to present evidence relevant to its defense.<\/p><p>The Customer represents that it has all the necessary authorizations to use the Application and the Services. Although the Customer\u2019s Data may be hosted on the Company\u2019s infrastructure, the Customer remains responsible for implementing a backup policy tailored to its needs, without prejudice to the Company\u2019s own obligations under the Agreement and applicable regulations. <\/p><\/section><section class=\"cgv-article\" aria-labelledby=\"article-12\"><h2 id=\"article-12\">12. Liability<\/h2><p>When the Company\u2019s liability is established in connection with the performance of the Contract, it is limited to direct property damage, excluding any indirect and\/or consequential damages, including, but not limited to, any loss of revenue, profits, operating income, customers, data, business opportunities, goodwill, or reputation, as well as any commercial or economic loss. Any loss suffered by a third party shall be deemed to be indirect damage with respect to the Customer. <\/p><p>Notwithstanding any other provision of the Agreement, the Company\u2019s total aggregate liability under each Order shall not exceed the amount (excluding tax) actually received by the Company in connection with the relevant Order during the twelve (12) months preceding the event giving rise to liability.<\/p><p>The Company shall not be held liable for any breach of its obligations resulting from: (i) improper or unlawful use of the Services by the Customer or a User; (ii) a force majeure event or an event reasonably beyond its control; (iii) any alteration, malfunction, capacity shortage, or incompatibility of the Customer\u2019s equipment, software, networks, or facilities; or (iv) failure to comply with the Prerequisites.    <\/p><p>The Customer has a maximum period of one (1) year from the date on which it became aware of, or reasonably should have become aware of, the alleged breach to hold the Company liable.<\/p><\/section><section class=\"cgv-article\" aria-labelledby=\"article-13\"><h2 id=\"article-13\">13. Force Majeure<\/h2><p>When a Party is affected by a force majeure event as defined by French law and case law, it shall promptly notify the other Party of the nature and extent of the circumstances in question.<\/p><p>Neither Party shall be deemed to have breached the Contract nor shall it be liable to the other Party for any delay or failure to perform its obligations\u2014except for payment obligations\u2014to the extent that such delay or failure results directly from a duly notified event of force majeure. The deadline for performing the obligation in question shall be extended for a period corresponding to the duration of the impediment. <\/p><p>Provided they meet the legal criteria for force majeure, such events may include, among others: disturbances or disasters, local or national labor disputes affecting the Services, major interruptions or outages in electronic communications networks or the electricity grid, government decisions, including the revocation or suspension of necessary authorizations, epidemics, declared states of war, civil wars, and acts of terrorism.<\/p><p>The consequences of the Customer\u2019s misuse of terminals, equipment, or Services, as well as the destruction or alteration of information resulting from an error attributable to the Customer, are governed by the provisions of Article 12 and do not constitute a case of force majeure for the Customer.<\/p><p>If a force majeure event prevents a Party from fulfilling its obligations for more than thirty (30) consecutive days, the Parties shall consult with each other to discuss the terms for continuing their collaboration or, if applicable, the conditions for terminating their contractual relationship. If no agreement is reached within thirty (30) days from the start of such consultations, the Contract may be terminated automatically and without compensation to either Party, subject to payment for Services rendered prior to the occurrence of the force majeure event. <\/p><\/section><section class=\"cgv-article\" aria-labelledby=\"article-14\"><h2 id=\"article-14\">14. Privacy<\/h2><p>The Parties agree to treat as strictly confidential, and to handle accordingly, all commercial, financial, or technical information relating to the other Party, regardless of the medium, that is disclosed or collected during the performance of the Agreement. This obligation shall apply throughout the term of the Contract and for a period of three (3) years following its expiration or termination. Information that is or becomes lawfully available to the public without a breach of the Contract shall not be considered confidential.  <\/p><p>The Parties agree not to disclose or allow the disclosure, directly or indirectly, in whole or in part, of the other Party\u2019s confidential information to any third party, except for employees, officers, advisors, and subcontractors who need to know such information to perform their obligations and who are subject to a confidentiality obligation, as well as authorities or agencies to which such information must be disclosed pursuant to a legal or regulatory obligation.<\/p><\/section><section class=\"cgv-article\" aria-labelledby=\"article-15\"><h2 id=\"article-15\">15. Intellectual Property \u2013 Infringement<\/h2><p>The Application, the Services, trademarks, images, text, photographs, logos, software, databases, and, more generally, any protected material made available to the Customer by the Company are the exclusive property of the Company or its licensors and are protected by applicable intellectual property laws.<\/p><p>The Company shall, at its own expense, defend the Customer against any legal action brought by a third party and based on the Application\u2019s infringement of that third party\u2019s intellectual property rights. The Company shall bear the costs of any judgments rendered against the Client by a final court decision or any amounts due pursuant to a settlement previously approved in writing by the Company. <\/p><p>This warranty is subject to the following conditions: (i) the Customer must immediately notify the Company in writing of the third-party claim; (ii) the Company has exclusive control over the defense and any settlement negotiations; (iii) the Client refrains from admitting liability without the Company\u2019s prior consent; and (iv) the Client cooperates actively and in good faith with the Company.    <\/p><p>The warranty does not apply if the claim results from: (i) use of the Application that does not comply with the Agreement or the Company\u2019s instructions; or (ii) a product, hardware, software, content, or data not provided by the Company, where the alleged infringement results from that element and not from the Application taken in isolation.  <\/p><\/section><section class=\"cgv-article\" aria-labelledby=\"article-16\"><h2 id=\"article-16\">16. Personal Data \u2013 Outsourcing<\/h2><p>The Parties agree, each within its own sphere of responsibility, to comply with Law No. 78-17 of January 6, 1978, on Information Technology, Data Files, and Civil Liberties, as amended, as well as Regulation (EU) 2016\/679 of the European Parliament and of the Council of April 27, 2016, on the protection of personal data (hereinafter the \u201cGDPR\u201d), and any other applicable regulations in this area.<\/p><p>Each Party may, in its capacity as data controller, collect and process certain personal data relating to the other Party\u2019s representatives, employees, agents, authorized representatives, and\/or subcontractors. This data is processed for the purposes of managing the contractual and commercial relationships between the Parties and may be disclosed to service providers involved in these purposes or in the operational and technical management of their activities. It is retained for the period necessary to fulfill the intended purpose, plus, where applicable, any applicable statutory retention periods or statutes of limitations.  <\/p><p>Each Party shall take appropriate technical and organizational measures to ensure the security and confidentiality of such data. Data subjects have the rights of access, rectification, erasure, restriction, objection, and portability, subject to the conditions set forth in the regulations. These rights may be exercised by contacting the relevant Party using the contact information provided in the Agreement or on its website. Each Party represents that it has provided data subjects with the required information when it is the party responsible for collecting their data.   <\/p><p>The processing of Customer Data for which the Company acts as the data controller is described in KAVKOM\u2019s privacy policy, available at the following address: <a href=\"https:\/\/kavkom.com\/en\/privacy\/privacy-policy\/\">https:\/\/kavkom.com\/confidentialite\/politique-de-confidentialite\/<\/a><\/p><p>In connection with the provision of the Services, the Company may also process certain Customer Data that includes personal data in its capacity as a data processor for the Customer, who acts as the data controller. The Parties acknowledge that, in this capacity, they are bound by the personal data processing agreement available at the following address: <a href=\"https:\/\/kavkom.com\/en\/privacy\/data-processing-agreement\/\">https:\/\/kavkom.com\/confidentialite\/accord-sous-traitance-rgpd\/<\/a> <\/p><\/section><section class=\"cgv-article\" aria-labelledby=\"article-17\"><h2 id=\"article-17\">17. General Provisions<\/h2><h3 id=\"article-17-1\">17.1 Non-Waiver<\/h3><p>The fact that one Party does not rely on a breach by the other Party of any of its obligations under the Contract shall not be construed, in the future, as a waiver of the right to rely on such a breach or to demand performance of the obligation in question.<\/p><h3 id=\"article-17-2\">17.2 Assignment \u2013 Subcontracting<\/h3><p>The Customer acknowledges that the Agreement is entered into with the Company in consideration of the Customer\u2019s identity. Consequently, the Customer may not assign, pledge, or transfer all or part of its rights and obligations under the Agreement without the Company\u2019s prior written consent. <\/p><p>The Company may assign its rights and obligations under the Agreement to any entity that it owns or controls, directly or indirectly, including within the meaning of Article L. 233-1 of the French Commercial Code. It may also assign them, in connection with a merger, reorganization, or sale of a substantial portion of the assets relevant to the Agreement, to the entity benefiting from the transaction or to one of its subsidiaries. <\/p><p>The Company may subcontract to third parties all or part of the performance of its obligations under the Contract, provided that it remains liable to the Customer for the performance of the obligations thus subcontracted in accordance with the terms of the Contract.<\/p><h3 id=\"article-17-3\">17.3 Commercial Reference<\/h3><p>The Company is authorized to use the Client\u2019s name, trademark, and other distinctive symbols as a commercial reference in its communications, unless the Client objects in writing on legitimate grounds.<\/p><h3 id=\"article-17-4\">17.4 Applicable law and jurisdiction<\/h3><p>This Agreement is governed by French law.<\/p><p>In the absence of an amicable agreement, any dispute relating to the validity, interpretation, performance, non-performance, suspension, or termination of the Agreement shall be submitted to a mediation procedure, the terms of which shall be determined by mutual agreement between the Parties. In the event that mediation fails or the Parties cannot agree on its terms, exclusive jurisdiction is conferred upon the Commercial Court of Paris, notwithstanding multiple defendants or third-party claims, including for emergency or provisional relief proceedings. <\/p><p>Notwithstanding the foregoing, the Company reserves the right to seek any interim or emergency relief, including, but not limited to, relief to protect its intellectual property rights or confidential information, before any court of competent jurisdiction.<\/p><\/section><section class=\"cgv-article\" aria-labelledby=\"article-18\"><h2 id=\"article-18\">18. Use of Telephone Services and Regulatory Compliance<\/h2><h3 id=\"article-18-1\">18.1 Telemarketing, Consent, and Regulatory Compliance<\/h3><p>The Customer agrees to use KAVKOM Services in compliance with all applicable laws and regulations, including those relating to telemarketing, personal data protection, the use of phone numbers, and fraud prevention.<\/p><p>When the Client conducts or arranges for telephone solicitation directed at consumers, the Customer is responsible for obtaining the prior consent of the person contacted when such consent is required by regulation, unless a legally applicable exception applies, in particular when the call is made in connection with the performance of an existing contract and under the conditions set forth in the applicable laws and regulations.<\/p><p>The Customer remains solely responsible for the collection, validity, retention, and proof of consent or any other legal basis applicable to its communications and campaigns.<\/p><p>It is the Customer\u2019s responsibility to retain the relevant supporting documents and to be able to produce them to the competent authorities when requested.<\/p><p>The Customer is also responsible for communications and campaigns carried out through the Services by its employees, Users, service providers, subcontractors, agents, or any third party acting directly or indirectly on its behalf.<\/p><p>KAVKOM acts as an operator and provider of electronic communications services. KAVKOM does not pre-screen marketing lists, prospects, scripts, commercial offers, or consent forms used by the Client, nor does it collect or retain proof of consent on the Client\u2019s behalf. <\/p><p>The Customer acknowledges that it is solely responsible for the content of its communications and for ensuring that the campaigns it conducts or has conducted through the Services comply with applicable regulations.<\/p><h3 id=\"article-18-2\">18.2 Lawful Use of the Services and Phone Numbers<\/h3><p>The Customer shall refrain from using the Services for any unlawful, fraudulent, or deceptive purposes, including, but not limited to, number or identity theft, fake media, phishing, taking advantage of a person\u2019s vulnerability, or any use that violates applicable regulations.<\/p><p>The Customer also agrees to comply with the rules governing the use, allocation, and presentation of the numbers assigned to it, as well as any sector-specific restrictions that may apply to its business.<\/p><h3 id=\"article-18-3\">18.3 Prevention, Monitoring, Cooperation, and Protective Measures<\/h3><p>KAVKOM may implement fraud prevention measures and conduct audits in the event of an alert, an anomaly, a report, or a request from a competent authority.<\/p><p>In the event of a report, an irregularity, a serious suspicion of non-compliant use, or a request from a competent authority, KAVKOM may ask the Customer to provide any relevant documents, explanations, or supporting evidence necessary to establish the compliance of its activities.<\/p><p>KAVKOM may cooperate with the relevant authorities and provide them with the required information within the framework and limits set forth in applicable regulations.<\/p><p>In the event of a breach, refusal to cooperate, fraud, manifestly unlawful use, or when the continued provision of the Services is likely to give rise to liability on the part of KAVKOM or its operating partners, KAVKOM may, depending on the severity of the situation, restrict, suspend, or terminate all or part of the Services in question in accordance with these Terms and Conditions.<\/p><p>Any restriction or suspension resulting from a breach attributable to the Customer shall not entitle the Customer to any refund or credit for the period in question and shall not relieve the Customer of the obligation to pay the amounts due.<\/p><p>The Customer shall indemnify KAVKOM against the consequences of any breaches attributable to the Customer, within the limits set forth in the Contract and applicable regulations.<\/p><h3 id=\"article-18-4\">18.4 Regulatory and Technical Developments Affecting the Services<\/h3><p>Any modification requested by the Customer or made necessary by legal, regulatory, or technical changes; by a decision of a competent authority; or by the requirements of an operator partner may result in an adjustment to the terms and conditions governing the provision or use of the Services. KAVKOM will notify the Customer within a reasonable time if such an adjustment is likely to have a significant impact on the Services subscribed to. <\/p><h3 id=\"article-18-5\">18.5 Practical Compliance Guide<\/h3><p>To help its customers understand the main rules governing telemarketing and the use of its Services, KAVKOM provides a Practical Compliance Guide, which is available at the following address:<\/p><p><a href=\"https:\/\/kavkom.com\/wp-content\/uploads\/2026\/08\/KAVKOM_Guide_Conformite_Demarchage_2026.pdf\">https:\/\/kavkom.com\/wp-content\/uploads\/2026\/08\/KAVKOM_Guide_Conformite_Demarchage_2026.pdf<\/a><\/p><p>This guide is provided for informational and educational purposes only. It does not constitute legal advice, does not create any additional contractual obligations, and is not a substitute for official texts or these Terms and Conditions. The Customer remains responsible for verifying the rules applicable to its business and any changes thereto.  <\/p><\/section><section class=\"cgv-article\" aria-labelledby=\"article-19\"><h2 id=\"article-19\">19. Conditions of eligibility for the special SME\/SMI offer<\/h2><h3 id=\"article-19-1\">19.1 Eligible Customers (Pack Plus: 30 euros per month or 288 euros per year)<\/h3><p>The special SME\/SMI offer is reserved exclusively for companies registered in France and qualifying as SME\/SMIs. To benefit from this offer, the customer must provide the Company with : <\/p><ul><li>a valid Kbis extract issued by the French Trade and Companies Registry;<\/li><li>its APE code.<\/li><\/ul><p>Use of this offer is strictly limited to commercial prospecting activities conducted by the beneficiary company on its own behalf.<\/p><h3 id=\"article-19-2\">19.2 Exclusions<\/h3><p>Not eligible for the special SME\/SMI offer:<\/p><ul><li>companies that have only a foreign registration certificate;<\/li><li>call centers;<\/li><li>Any entity whose primary business is managing incoming or outgoing calls on behalf of third parties.<\/li><\/ul><\/section>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>Terms &amp; Conditions Table of Contents These General Terms and Conditions of Sale and Use (hereinafter the \u201cGeneral Terms and Conditions\u201d or the \u201cAgreement\u201d) are entered into between KAVKOM FRANCE, a simplified joint-stock company with a share capital of 5,000 euros, registered with the Paris Trade and Companies Register under number 845 151 067, with [&hellip;]<\/p>\n","protected":false},"author":14,"featured_media":0,"parent":26300,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"_angie_page":false,"content-type":"","footnotes":""},"class_list":["post-18731","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/kavkom.com\/en\/wp-json\/wp\/v2\/pages\/18731","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/kavkom.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/kavkom.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/kavkom.com\/en\/wp-json\/wp\/v2\/users\/14"}],"replies":[{"embeddable":true,"href":"https:\/\/kavkom.com\/en\/wp-json\/wp\/v2\/comments?post=18731"}],"version-history":[{"count":26,"href":"https:\/\/kavkom.com\/en\/wp-json\/wp\/v2\/pages\/18731\/revisions"}],"predecessor-version":[{"id":69174,"href":"https:\/\/kavkom.com\/en\/wp-json\/wp\/v2\/pages\/18731\/revisions\/69174"}],"up":[{"embeddable":true,"href":"https:\/\/kavkom.com\/en\/wp-json\/wp\/v2\/pages\/26300"}],"wp:attachment":[{"href":"https:\/\/kavkom.com\/en\/wp-json\/wp\/v2\/media?parent=18731"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}