General Terms and Conditions
1. Scope of Application
MLS Communications offers internet telephony services for residential and business clients. These general terms and conditions (GTC) apply to all contracts between MLS Communications (hereinafter “MLS Communications”) and the contractual partner (hereinafter “client”).
2. MLS Communications Services
2.1. MLS Communications allows its clients to make phone calls over the internet. For this purpose, MLS Communications operates the website www.mlscommunications.com, as well as the technical facilities that enable this service.
2.2. The content, scope, and pricing of MLS Communications’ services are always available on the website www.mlscommunications.fr. MLS Communications reserves the right to modify the content, scope, and prices at any time. Such modifications can be made without written or electronic communication.
2.3. MLS Communications commits to providing its services diligently. To this end, MLS Communications uses one of the most modern telecommunications platforms. If any problems or deficiencies should occur, MLS Communications is committed to resolving them as quickly as possible.
2.4. MLS Communications is reliant on third-party services for some of its offerings (e.g., DSL or cable internet access). MLS Communications commits to ensuring that these services are of impeccable quality and that any problems/deficiencies are corrected as quickly as possible. However, MLS Communications is not responsible for interruptions or other shortcomings caused by third parties. In particular, MLS Communications is not obligated to replace the service during the duration of the problem/shortage.
2.5. MLS Communications allocates phone numbers within the number blocks provided by OFCOM for exclusive, non-transferable use. If a client wishes to acquire phone numbers from MLS Communications, they must order them online and pay in advance for 6 or 12 months. If the term is not extended, the numbers will be made available to other clients. Termination of the phone number before the end of the 6 or 12 months is not possible. Clients have no right to a particular number. MLS Communications retains ownership of the assigned numbers. The number does not become the property of the client and cannot be sold, pledged, inherited, or transferred to any third party, except by explicit agreement with MLS Communications. MLS Communications may modify the numbers for technical or operational reasons or at the request of OFCOM without being liable for compensation.
2.6. MLS Communications ensures proper maintenance of its network. Disruptions are announced via the hotline. Disruptions will be handled during service hours within reasonable timeframes for MLS Communications and based on its resources and area of influence. Costs may be charged to the client if the cause of the disruption originates from the client.
2.7. MLS Communications may at any time call upon third parties to fulfill its contractual obligations.
2.8. IMPORTANT INFORMATION – Emergency Numbers: Internet telephony with MLS Communications is offered as an additional alternative to the fixed or mobile network. However, for technical reasons, access to alarm centers (e.g., police, fire services, or ambulance services) is only guaranteed for internet calls made from the location specified by the client during online registration. The same applies to the location of the caller being determined by the alarm centers. For these reasons, emergency calls may be routed differently.
3. Client’s Services and Obligations
3.1. The client is responsible for ensuring that the use of MLS Communications’ services and recognized internet standards complies with the law and the contract, and for paying in advance for the use of MLS Communications’ services.
3.2. The client is responsible for the installation of hardware and software. For any questions related to installation, MLS Communications provides support in writing or by phone. The client is also responsible for correctly indicating their address during registration and notifying any changes in their MLS Communications account online. This is particularly important for emergency calls (see section 2.8).
3.3. As part of the access and use of MLS Communications’ services, the client must also pay for the use of the service by authorized or unauthorized third parties.
3.4. The client bears the cost risks related to the use of the services. The client must take all necessary measures to limit the risk of unauthorized access to billing information and other sensitive data and seek advice if necessary.
3.5. The client must take all necessary measures to prevent virus attacks or other foreign systems. If the client causes damage to the MLS Communications platform or third parties due to infection of their computer, MLS Communications has the right to block the client’s access without notice and seek compensation from the client.
3.6. The client is responsible for any misuse of MLS Communications services for defamatory, racist, or illegal purposes, and for violations of laws protecting databases, trademarks, and patents. MLS Communications reserves the right to block content, connection, or account without prior consent from the client if the client’s content or actions could result in liability or violate the contract or applicable law.
3.7. MLS Communications is not responsible for any acts or omissions by the client or third parties that result in liability for the client or MLS Communications. The client indemnifies MLS Communications from any third-party claims arising from the client’s actions or omissions.
4. Contract Duration, Termination
4.1. Contracts become effective upon MLS Communications’ acceptance of the client’s online registration at www.mlscommunications.com, or in any case, upon the client’s use of the service. Registration is confirmed by an email from MLS Communications.
4.2. MLS Communications reserves the right to refuse a client’s registration request.
4.3. The client guarantees that all personal information provided during registration is correct and complete.
4.4. Unless otherwise specified in the contract documents, the contract duration is indefinite. Either party may terminate the contract without notice as long as no minimum duration has been set. In case of termination by the client, the remaining balance will not be refunded.
4.5. If a minimum contract duration was agreed upon and the client terminates the contract before its expiration, they must pay MLS Communications the full price for the entire minimum duration, even if the services are no longer used.
4.6. MLS Communications reserves the right to terminate the contract exceptionally if a subcontractor of MLS Communications terminates its contract for reasons not attributable to MLS Communications.
4.7. MLS Communications also reserves the right to suspend services to a client if they cause persistent network disruptions. MLS Communications reserves the right to immediately interrupt a client’s service if their behavior is contrary to the law or morals. The remaining balance will not be refunded.
4.8. MLS Communications still has the right to terminate the contract exceptionally and without notice if the client fundamentally violates the contract and fails to remedy the breach despite MLS Communications’ notices. The use of MLS Communications’ services for criminal purposes is included in this amendment.
4.9. MLS Communications reserves the right to terminate the accounts of clients who have not used their accounts for the past 6 months. The 6 months are counted from the last call made by the client. The remaining balance will not be refunded.
5. Modifications to the Contract
5.1. MLS Communications reserves the right to modify its services, prices, and these general terms and conditions at any time. MLS Communications will inform the client of significant changes appropriately.
5.2. In the case of a minimum contract duration, the client has the right to terminate the contract early as of the date the changes come into effect. Unless terminated, the changes are considered approved by the client.
5.3. In the event of changes to tax rates (VAT), MLS Communications is authorized to adjust its prices accordingly. In such cases, clients have no right to early termination.
6. Billing, Payment Terms
6.1. The applicable prices can always be checked at www.mlscommunications.fr. Prices may be modified by MLS Communications at any time.
6.2. The client agrees to pay the applicable prices in advance according to the payment terms requiring payment by credit card or bank transfer.
7. Liability, Warranty
7.1. MLS Communications is liable to the client for diligent performance of its services. MLS Communications does not guarantee the absence of malfunctions or interruptions, the permanent and uninterrupted availability of services, or transmission speeds or capacity. MLS Communications reserves the right to interrupt its services for maintenance work.
7.2. In the event of a contract breach, MLS Communications is liable for proven damages, unless MLS Communications proves it was not at fault. Liability for slight negligence is excluded.
7.3. Under no circumstances is MLS Communications liable for consequential damages, loss of profit, or data loss. Its liability is also excluded for damages arising from the client’s unlawful or contractual use of its services.
7.4. MLS Communications’ liability is not engaged when service provision is temporarily interrupted, partially limited, or impossible due to force majeure. Force majeure includes, in particular, natural disasters (e.g., avalanches, floods), armed conflicts, terrorism, strikes, unforeseen official restrictions, power failures, virus outbreaks, etc.
7.5. MLS Communications does not provide any guarantees or assume responsibility for the accuracy, completeness, timeliness, legality, availability, or timely delivery of information accessed via the internet connection. MLS Communications does not reimburse any costs or assume responsibility for damages caused by downloads.
7.6. MLS Communications is not responsible for damages caused by the illegal actions of clients on MLS Communications’ network. MLS Communications is not liable for damages caused by improper installations or uses by clients, nor for damages arising from failure to follow procedures described in the user manuals and on the MLS Communications website.
7.7. In case of deficiency due to a fault not within MLS Communications’ responsibility, the client has no warranty rights. Claims for defects are excluded if MLS Communications is informed of a defect after more than 30 days.
8. Final Provisions
8.1. The client agrees to the application of Swiss law. The exclusive court jurisdiction for disputes resulting from or in connection with this contract is in Lausanne, Switzerland.
8.2. If one or more provisions of these general terms and conditions are or become invalid or unenforceable, this does not affect the validity of the rest of the contract. The parties will replace the invalid provision with a valid one that closely corresponds to the purpose of the invalid provision.
8.3. MLS Communications reserves the right to transfer the rights and obligations from this contract to third parties without the client’s consent.