Definitions

Customer : an entity or person accepting the terms of this contract by opening or topping up a Customer Account via France Telecom's "Minitelfr.com" gateway to consult the French Minitel services from a terminal OUTSIDE MAINLAND FRANCE.

« Minitelfr.com » gateway : computerised system hosting a Web service accessible via Internet using the address http://www.minitelfr.com". Via this service the Customer may, for example, find out the conditions for using the "Minitelfr.com" gateway and open an account for accessing the Minitel services with :
    - a confidential code (ID and password) authorising access to said services,
    - a prepaid credit expressed in Euros.

Services : Minitel services accessible through the "Minitelfr.com" gateway.

The Customer and France Telecom are hereinafter called the parties.

Pre-payment : Payment made in advance by the Customer, by cheque, of a sum of money that will be credited to the Customer's Account (subject to clearance) and that will authorise the Customer to access the services. As the customer accesses the services, the charge made for the various services will be deducted from the amount credited to the Account.

1. Subject :

This contract defines the conditions under which the customer may use the services provided by France Telecom via the "Minitelfr.com" gateway.

2. Validity :

This contract takes effect on the date of payment, following the procedure described in paragraph 3. Payment indicates that the Customer accepts these conditions.
This contract is for an unlimited duration.

The contract is renewed by the Customer each time he makes a new payment to his account, following the procedure described in paragraph 3.

3. Payment procedure :

Payment must be made by sending a bank cheque made out in Euros with the paying in slip which will be provided when the Customer sets up or tops up the account in the Web page http://www.minitelfr.com.

When the account is opened, the sum due includes the pre-payment and the fees for opening the account. When topping up an account, the payment includes the pre-payment and the topping up fees.

The date of payment is the date when France Telecom receives the cheque, subject to clearance.

4. Procedure

France Telecom provides a free emulator for Windows PCs and for Macintoshs with OS7 or later that may be downloaded from the Web site http://www.minitelfr.com

When an account has been opened on the Web site http://www.minitelfr.com, a confidential code (ID and password) is sent to the Customer. The Customer must note down his confidential code, keep it in a safe place and not communicate it to anyone else. This code is strictly personal: this contract is not transferable.

The Customer may not connect to the Account he has just opened until France Telecom has received his cheque.

To connect to a Service, the Customer starts the emulator, displaying the front page where he must type in his ID and password. When the Customer has given his ID, if there is sufficient credit in his Account, he is invited to type in the Service code (Selecting a Service page).

In the Selecting a Service page the Customer can click on CONTENTS to change his password and check his credit level.

5. Charge rates :

The charge rates shown in the Web site http://www.minitelfr.com cover the cost of accessing the Services through the "Minitelfr.com" gateway. The telephone and Internet costs from the terminal used to connect from the customer's country to the "Minitelfr.com" gateway in Paris are not covered by France Telecom. France Telecom reserves the right to change its rates. The rates are in Euros, exclusive of VAT..

6. Responsibilities :

France Telecom undertakes to make all reasonable efforts to supply the service set out in this contract.

The Customer is responsible for installing the emulator correctly on his work station, enabling him to connect via Internet to the "Minitelfr.com" gateway.
The Customer is responsible for the use and protection of his confidential code.
In particular, France Telecom may not be held responsible for monitoring and fraudulent use by third parties of data sent over the Internet network between the customer's work station and the "Minitelfr.com" gateway.
The Customer must notify France Telecom immediately if his confidential code is lost or stolen, either by telephone +33 1 47 61 47 61, fax +33 1 46 10 43 30 or e-mail info.minitelfr@francetelecom.com, to prevent fraudulent use by a third party. The Customer must send written confirmation to France Telecom as soon as possible by Registered Post. France Telecom may not be held responsible for the consequences of notification by telephone, fax or e-mail not made by the Customer.

France Telecom may not be held responsible for delays or unavailability due to force majeure or events outside France Telecom's control or attributable to the Customer, in particular for example in any of the following cases :
- failure of the communication lines or networks,
- incorrect use of the terminal by the Customer,
- partial or total destruction of data transmitted due to an error on the part of the Customer,
- unavailability of the service in case of strikes, social unrest or force majeure.

France Telecom may in no circumstances be held responsible :
- for the information in the Services consulted by the Customer,
- failures in the data communications networks sending data to or receiving data from the "Minitelfr.com" gateway,
- failure of the Minitel network servers,
- failure of the service as a result of incorrect use of the emulator accessing the Videotex network,
- unavailability of a service via the "Minitelfr.com" gateway by the express request of the service supplier,
- for the use made by the Customer of the information retrieved via the "Minitelfr.com" gateway.

In no circumstances may France Telecom be held responsible for indirect damages, such as commercial damages, operating damages or loss of profits, which must be covered by the Customer's own assurance.

7. Applicable legislation :

This contract is drawn up subject to French Law.

8. Termination :

If one of the parties fails to comply with any of the obligations under this contract, the other party may terminate this contract without prejudice if no action has been taken within two weeks after formal notification by Registered Letter.

This contract may be terminated by France Telecom without prejudice in the following two cases :
- No further payments are made to the Customer's account,
- The confidential code has not been used for six months.

In case of termination, the sums credited to the Customer's Account are not repayable by France Telecom.

Any disputes regarding the interpretation or execution of this contract, which cannot be resolved amicably, will be dealt with by the Nanterre Tribunal de Commerce, notwithstanding the number of defendants or claim with deposit.