terms and conditions

1. Introduction
The following document aims to define the General Terms and Conditions of Sales for transfertpays / Airtime Transfer as a Service, Service enabling the transfer of airtime communication so as to credit prepaid mobile accounts for customers from various communities part of emerging countries in which operators are members, via w-HA, of the transfertpays/ Airtime Transfer’s network. Relationships between w-HA and the Buyer are ruled by the hereby General Terms and Conditions of Sales. The Buyer is the person who bought the transferpays / Airtime Transfer ticket and who processes the account’s recharge for the Receiver. The Reciever is the person for whom the account’s recharge is done by the Buyer via TransfertPays.

2. Object
transfertpays/ Airtime Transfer’ service enables the Buyer of a transfertpays / Airtime Transfer ticket to transfer airtime communication credits on a mobile account for a Receiver located in one of the emerging countries which operators are members of transfertpays / Airtime Transfer’ network, within the following limitations:
- the amount of the credit allocated to the transfertpays / Airtime Transfer ticket
- the validity period attributed to the ticket : 24 months
- the applicable restrictions to transfertpays/ Airtime Transfer’ service: a single and one-shot recharge transfer addressed to a unique Receiver’s phone number.
- the specific characteristics and functionalities of the handset used by the Receiver.
- and, under condition of the authentication of the transfertpays / Airtime Transfer ticket’s number and of the Receiver’s telephone number.

The contract between w-HA and the Buyer is effective upon the date the ticket has been bought. transfertpays / Airtime Transfer’ service enables to transfer airtime communication credit on a mobile phone account providing the credit has been priorly fully prepaid by the Buyer, and complies with the following stipulations. Partners members of transfertpays / Airtime Transfer’ network are exclusively designated by w-HA, who keeps the rights to modify at any moment its offer concerning its partners. Solely w-HA can determine the different amounts corresponding to transferable credits and the corresponding applicable fees, and preserves its rights to modify its offer at any time. By using transfertpays / Airtime Transfer, the Buyer mandates w-HA to credit, on its behalf, the prepaid account of the Receiver expressly designated by its mobile phone number. As to execute this mandate, w-HA credits the designated Beneficiary’s account of the total amount indicated by the Buyer and applies the corresponding transfer fees.

3. Service provisioning
the Buyer can buy a transfertpays / Airtime Transfer ticket at the following distribution points :
- Licensed tobacco dealers
- France Telecom agencies in France
- papers and bookshop part of the ‘Relay’ network

The Buyer can also buy his transfertpays / Airtime Transfer ticket over the Internet on www.transfertpays.com. The transfertpays / Airtime Transfer ticket includes an identification number which can be used by the Buyer. France Telecom distributes the ticket for w-HA in return of the delivery of funds thus enabling the transfer of airtime communication on behalf of the Receiver as exposed in the current general conditions; it is the Buyer’s responsibility to preserve this number’s confidentiality, and the Buyer is sole responsible for the possible consequences of divulging it. The relationships between the Buyer and w-HA within TransfertPays / Airtime Transfer’ service, are contractually independent from the device handset used by the Receiver for the recharge process. The transfertpays / Airtime Transfer ticket is associated to a prepaid airtime credit amount used for recharging; it is sold with an initial communication credit amount which value is printed on the ticket itself. The ticket has a 24 months validity period starting the purchase day. The activation of the ticket is initiated by the Buyer either by Internet either by telephone:
- by Internet: on the web site www.transfertpays.com. In this case, the Buyer is invited to follow the displayed instructions as to process with the transfer and as to indicate the ticket code and phone number of the Receiver.
- by IVR (Interactive Voice Responder). In this case, the Buyer must dial 0800 38 88 88 (free call from a landline in metropolitan France) and enter the numerical code printed on the transfertpays / Airtime Transfer ticket followed by the # key. The Buyer must then enter the Beneficiary’s phone number in international format beginning with 00 followed by the # key.

Applicable tariffs at the date of the ticket’s purchase can be viewed on www.transfertpays.com. These prices are submitted to possible changes. The transfer is processed according to the Buyer’s choice among the proposed tickets’ amounts. Resulting from the recharging process, a confirmation SMS is sent to the Receiver in order to notify him the amount available on his prepaid account as of the expiration date of this credit use. France Telecom and w-HA cannot be held responsible for mistakes generated by the Buyer within the context of the recharging process described above. All communication credits are automatically and permanently lost if not used during the validity period. The ticket is to be used once only and it enables to top up one sole Receiver. France Telecom cannot be held responsible for the consequences resulting from theft or loss of the Buyer’s transfertpays / Airtime Transfer ticket.

4. Invoicing and prices
Applicable tariffs at the date of the ticket’s purchase can be viewed on www.transfertpays.com. These prices are submitted to possible changes. w-HA reserves its rights to modify at its convenience and at any time, the conversion rate of each used currency on its Internet site and IVR. For every single recharge purchased, the Buyer is given notice of the amount credited in local currency to the designated Beneficiary and for recharges ordered from www.transfertpays.com, the Buyer is also informed on the conversion rate used for the transaction.

5. Cancellation and refund politics
After validation of the transaction by the Buyer, no refund or cancellation request will be accepted in the case of w-HA verifies the credit of an account resulting from an action of the Buyer. In case of delivery of the credits to the Receiver (at the entered and indicated number), no refunds will be granted.

6. Buyer’s liabilities
TransfertPays / Airtime Transfer’ ticket must be used respecting the current General Terms and Sales Conditions and corresponding French legislation. The Buyer consents to use the public telecommunication network in respect with the concerned laws and texts, and in accordance with its defined usage. The Buyer commits himself to use the service with the due care and attention and complying with its initial defined and commercialised use and duties. The Buyer consents to utilize the Service uniquely for its personal use. It is forbidden to exploit the Service for professional, commercial or promotional purposes. France Telecom and w-HA decline all and any responsibilities in case of misuses of the service proved not to have respected the current conditions. W-HA cannot be held responsible for any dysfunction or interruption of the Service linked to or originated by an irresistible force or compulsion such as will excuse w-HA from performing his part of a contract (‘force majeur’).

7. Customer Service
For all information and problems using your transfertpays / Airtime Transfer’ ticket, the user can contact us by e-mail : info.tickettransfert@orange-ftgroup.com or by phone from Monday to Saturday from 9H to 19H via our toll-free number 0800 50 48 54 (free call from a landline in France).

8. Use of Personal Information and Confidentiality
No information relative to the Buyer is collected. Information relative to the Receiver is collected by w-HA in order to insure the good execution of the present contract. According of law N° 78- 17 of January 6, 1978 relative to “Informatique, aux fichiers et aux libertés”, the Receiver is granted legal access to his collected personal information, and can order rectification, and opposition for legitimate matters, by contacting w-HA’s customer service, or by all other means indicated by w-HA, by justifying his identity to w-HA: 25 bis, avenue André Morizet, 92100 Boulogne-Billancourt, France. This information can then potentially be transmitted outside the European Union borders for the good execution of the contract.

9. Obligation and liability of w-HA
w-HA deploys all the means for the good execution of TransfertPays / Airtime Transfer’ service. And therefore takes all necessary measures in order to maintain continuity and quality of the service. Accordingly, w-HA’s responsibility cannot be engaged in case of a fault originated by an irresistible force or compulsion such as will excuse w-HA from performing his part of a contract (‘force majeur’) in regard of the jurisprudence of French Court of Cassation. France Telecom and w-HA cannot be held responsible for:
- risks of electromagnetic waves propagation, of licence termination regarding service operation coming from a public authority decision, or of a fortuitous incidence;
- dysfunctions resulting from the use or modification of terminal equipments not set up by France Telecom or w-HA;
- services provided by independent service providers. Any complaint concerning these services must be addressed to the entities that have created them;

France Telecom and W-HA cannot be held liable for potential indirect damages suffered by the Buyer and the Receiver while using the service. Indirect damages can be defined as ‘damages which are not exclusively and directly resulting from causes originated by France Telecom or W-HA; commonly indirect damages can be operating losses and commercial damages. w-HA’s responsibility cannot be engaged for any reason unless specific faults can be proven within the scope of the operation of the service held directly by w-HA. w-HA’s responsibility in case of identified partial or total lack to its contractual obligations is limited to the amount of the fare perceived by w-HA.

10. Suspension of service
w-HA can choose to suspend the utilisation of the service by a user in case of fraud or intent to fraud identified from the Buyer of transfertpays / Airtime Transfer’ Service, especially during airtime credit transfer operations done by the Buyer. w-HA also reserves its right to suspend the service if the Buyer lacks one of its obligations described in above article 6.

11. Buyer’s claim
All claim should first be addressed to the customer’s service, which telephone number is: 0800 50 48 54 (free call from a landline) and which e-mail address is the following: info.tickettransfert@orange-ftgroup.com