Terms of Use:

These terms of use apply to anyone wishing to access the text messaging services offered on this website. To view the full terms and conditions, please refer to the PDF file available in English. By using this site, you acknowledge that you have read and fully accept our terms and conditions.

Description:

• General Terms: these terms of use for the service.
• GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of personal data and their free movement, repealing Directive 95/46/EC.
• Client: any individual aged at least 16 years or any legal entity accessing the services and having entered into an agreement with SendAnonymousSMS, or having received an offer or quote from it.
• Agreement: the contract established between SendAnonymousSMS and the Client regarding the use of the service.
• Parties: collectively refers to SendAnonymousSMS and the Client.
• Product(s): all SMS services made available through the website sendanonymoussms.co.za.
• SendAnonymousSMS: brand operated by the company SendAnonymousSMS, with its headquarters located in Lille.

1. Information about the Operator (SendAnonymousSMS)

• Company Name: SendAnonymousSMS, a company registered in Lille.
• Email: For any inquiries, contact us at esa.contact.hub@gmail.com.

2. Scope of Application of the General Terms

These General Terms govern all offers, business relationships, agreements, and legal interactions, present or future, between SendAnonymousSMS and the Client. The application of any general terms of the Client is expressly excluded.

By accessing the services, using them, downloading, or publishing content through them, the Client acknowledges that they have read, understood, and accepted these General Terms.

3. Offer and Conclusion of the Contract

Unless explicitly stated otherwise, all offers from SendAnonymousSMS are non-binding. Any obvious error in an offer (including typographical errors) shall not hold SendAnonymousSMS liable. The contract is deemed concluded as soon as the Client clicks on a confirmation button such as "Send" or "Continue" on any of the platform's sites.

4. Payment Terms

All displayed prices are in euros and include Value Added Tax (VAT) as well as any other applicable taxes, unless expressly stated otherwise. Unless otherwise stipulated in the contract or offer issued by SendAnonymousSMS, payment must be made immediately upon conclusion of the contract. In any case, payment must be made no later than five (5) calendar days after the conclusion of the contract.

The Client may not under any circumstances offset any claim they may have against SendAnonymousSMS with any claim that SendAnonymousSMS has against them, unless there is explicit prior agreement from SendAnonymousSMS.

In the event of a delay in payment by a consumer Client, and after a formal notice has gone unheeded for fourteen (14) days, late payment penalties will be applied in accordance with the provisions of Article L. 441-10 of the Commercial Code. These penalties will be calculated based on a rate equivalent to three times the current legal interest rate. Additionally, a flat-rate recovery fee of 40 euros will be owed by the professional Client, in accordance with Article D. 441-5 of the Commercial Code, without prejudice to any additional costs incurred for the recovery of the debt.

If the Client is acting in a professional capacity, extrajudicial recovery fees will be due automatically from the first day of delay, amounting to 15% of the principal amount owed, with a minimum of 40 euros.

5. Right of Withdrawal

In accordance with Article L. 221-28 of the Consumer Code, the consumer Client expressly acknowledges that the service provided by SendAnonymousSMS is a service fully executed before the expiration of the fourteen (14) day withdrawal period. Consequently, they expressly waive their right of withdrawal. The right of withdrawal does not apply in any case to Clients acting in a professional capacity.

6. Rights, Obligations and Responsibilities of the Client

The Client guarantees that they are at least sixteen (16) years old at the time of accessing or using the service. When using the product, they must behave responsibly and in accordance with the expectations of a prudent user of Internet and SMS services.

The Client agrees not to use the service to send messages or communications of an illegal nature to Anonymes or third parties. In particular, they are prohibited from sending, without limitation, offensive, racist, discriminatory, pornographic, provocative messages, or from conducting unsolicited transmissions for commercial, ideological, or charitable purposes (also known as SPAM). The Client is also prohibited from using the service for illegal or criminal purposes.

The Client guarantees that the input of data and the sending of messages via the service will in no way infringe upon the rights of third parties, including intellectual property rights.

It is strictly prohibited for the Client to run their own processes or programs, or external processes, on the systems and products of SendAnonymousSMS. The Client must also refrain from using software or any other means that may disrupt the provision of services to other users.

The Client agrees to use the sender's address legally, ensuring not to use phone numbers that do not belong to them, fictitious names (including trade names, first names, or surnames that are not those of the Client), as well as illegal terms or symbols.

The Client is in no way permitted to enter, transmit, or store personal data (as defined in Article 4 of the GDPR) via or in connection with the Product and/or the systems of SendAnonymousSMS, except for the personal data necessary to ensure compliance with the commitment specified above.

Notwithstanding the commitments set forth in this section, the Client retains full responsibility for entering data into the Product as well as sending messages and/or communications. SendAnonymousSMS does not verify the information entered or the messages transmitted.

Consequently, the Client remains legally responsible for all data entered as well as the messages or communications sent.

The Client also agrees to indemnify SendAnonymousSMS against any third-party claims (including, but not limited to, claims for damages, third-party indemnities, and fines imposed by regulatory authorities) arising from their actions or omissions that violate the obligations defined in this article.

In the event of the Client's breach of any of their obligations mentioned above, they shall immediately pay SendAnonymousSMS a penalty of 5000 EUR per violation, without the need for prior notice or proof of damage. This penalty is due without prejudice to other remedies available to SendAnonymousSMS, including the possibility of seeking additional compensation.

In the event that the Client fails to comply with their contractual obligations, SendAnonymousSMS reserves the right to suspend access to the services by blocking the IP address, bank account number, credit card number, and/or email address used by the Client to access the Product.

7. Rights, obligations, and responsibilities of SendAnonymousSMS

SendAnonymousSMS commits to executing the Contract diligently and appropriately.

The dates, times of availability, and delivery deadlines communicated by SendAnonymousSMS are only estimates and do not constitute firm commitments. This information cannot be considered as mandatory deadlines unless expressly stated otherwise.

In the event of a malfunction related to the Internet connection or hardware and/or software failure, SendAnonymousSMS will strive to resolve the issue as quickly as possible, but will not be liable. If this failure originates from a third party, SendAnonymousSMS cannot be held responsible for the duration of the malfunction or its occurrence. In the case of a malfunction attributable to the Client, the costs of restoration will be borne by the Client.

SendAnonymousSMS also reserves the right to temporarily suspend its services for maintenance operations, without this suspension resulting in any liability on its part.

Finally, SendAnonymousSMS does not guarantee that messages or communications sent via the Product will arrive at the recipient in the same form as sent, nor that they will be received at the expected time.

Consequently, SendAnonymousSMS disclaims any responsibility for incorrect or late receipt of a message or communication.

8. Liability

The products provided by SendAnonymousSMS are intended for exclusive use within the European Economic Area (EEA) and in France. In the event of using any of the products outside the EEA, the Client assumes all risks related to such use. Consequently, SendAnonymousSMS disclaims any responsibility for the use of its products outside the EEA.

In the event of a breach by SendAnonymousSMS of its contractual obligations, its liability is limited to direct damages, up to the amount charged to the Client in the twelve months preceding the incident, with a cap of 2500 EUR per event or series of related events. These liability limitations do not apply in cases of intentional wrongdoing or gross negligence by SendAnonymousSMS.

SendAnonymousSMS disclaims any liability for other types of damages, including, but not limited to, indirect, consequential damages, or losses related to lost revenue or profits.

SendAnonymousSMS shall not be held liable for delays, data loss, or failure to meet deadlines due to changes in the circumstances, information, or materials provided by the Client, nor for damages arising from information or advice provided by SendAnonymousSMS that are not expressly included in the Contract. The liability exclusions mentioned in this paragraph do not apply in cases of intentional wrongdoing or gross negligence.

To be eligible for compensation, the Client must report any performance defect within two months of delivery. If a breach is confirmed, SendAnonymousSMS may remedy it within a reasonable timeframe, without being required to pay damages.

Any claim by the Client against SendAnonymousSMS will be time-barred after a period of twelve months from the incident, unless the Client has taken appropriate measures regarding this claim.

In the event of wrongdoing by SendAnonymousSMS or its employees or agents for whom it is responsible, SendAnonymousSMS's liability will be limited to a maximum amount of 2,500 EUR. This liability limitation does not apply in cases of intentional wrongdoing or gross negligence.

The liability limitations and exclusions of SendAnonymousSMS set forth in the General Terms also apply to all individuals or entities, employees or agents, that SendAnonymousSMS engages in the execution of the Contract.

The liability limitations and exclusions mentioned in this article do not limit any other exclusions and limitations of liability of SendAnonymousSMS contained in these General Terms.

9. Force Majeure

In addition to the provisions provided, a breach by SendAnonymousSMS of its obligations to the Client is also considered a case of force majeure when it results from a circumstance beyond the control of SendAnonymousSMS, preventing the full or partial execution of its obligations, or making such execution unreasonably burdensome. These circumstances include, but are not limited to, non-performance by suppliers or other third parties, power outages, computer viruses, strikes, and work stoppages.

In the event that such a situation occurs and prevents SendAnonymousSMS from fulfilling its obligations to the Client, these obligations may be suspended as long as SendAnonymousSMS is unable to execute them. If this situation lasts for ten business days, both SendAnonymousSMS and the Client will have the right to terminate all or part of the Contract in writing. In this case, SendAnonymousSMS shall not be liable to pay any compensation for any damage, even if it benefits from an advantage related to the force majeure situation.

10. Confidentiality

The products of SendAnonymousSMS are not intended for children under the age of sixteen (16). SendAnonymousSMS does not knowingly solicit, collect, or maintain information from individuals it knows are under sixteen (16) years old. No part of the products is designed to attract a demographic under the age of sixteen (16). Furthermore, SendAnonymousSMS does not send any communications to anyone claiming to be under sixteen (16) years old. If SendAnonymousSMS learns that a user or client is under sixteen (16) years old, it will take the necessary steps to delete that user's/client's personal information from its systems. If you are the parent or guardian of a child you believe has disclosed personal information to SendAnonymousSMS, please contact us by mail so that this data can be removed from our system.

To the extent necessary for the execution of the Contract, the Client expressly authorizes SendAnonymousSMS to process their personal data and to transmit it to third parties for this purpose.

SendAnonymousSMS also reserves the right to disclose personal data or other information to investigative authorities, particularly when the Product is used unlawfully by the Client, or in situations where SendAnonymousSMS is legally required to provide such information under a court order. The Client explicitly consents to this data disclosure.

The IP address used by the Client is recorded when using the Product. In cases of payment via iDEAL, Bancontact, Sofort, eps, or Multibanco, the account or card number used by the Client, as well as the name, residence location, and/or email address of the account or card holder, will also be retained. For payments made through PayPal, the following information will be recorded: name, email address, and address of the Client. In cases of credit card payment, Apple Pay, Google Pay, or Microsoft Pay, the credit card data used will also be stored. If payment is made by phone, the phone number used will be recorded. The above-mentioned data will be retained by SendAnonymousSMS for a period of 18 months. The Client explicitly consents to this collection and retention of data.

If the Client collects or processes personal data in any other manner while using the Product, they will be regarded as the "data controller" in accordance with Regulation (EU) 2016/679 (GDPR). The Client must, therefore, ensure that a legal basis exists for this data processing.

The Client agrees to indemnify SendAnonymousSMS against any claims or demands from third parties, including but not limited to compensation claims and fines imposed by a regulatory authority, as well as any damages arising from an act or omission by the Client that would violate, or be perceived as a violation of, applicable privacy laws, such as the GDPR.

In accordance with the General Terms and Conditions, the Client is not permitted to collect, send or otherwise store personal data (as defined in Article 4 of the GDPR) via, in, or with the Product and/or the systems of SendAnonymousSMS (unless otherwise stated in the General Terms and Conditions). Thus, SendAnonymousSMS cannot be considered a data processor in the sense of Article 4 of the GDPR. If the Client fails to comply with this obligation, SendAnonymousSMS maintains its position that, for legal reasons, it cannot be classified as a data processor under Article 4 of the GDPR. If, despite this, the GDPR were to nonetheless consider SendAnonymousSMS as a data processor, the provisions below shall apply between the Parties, and only in that specific case.

This article constitutes an agreement regarding data processing, as described in Article 28 of the GDPR.

The Client guarantees that a legal basis exists for the processing of personal data in accordance with Article 6(1) of the GDPR.

SendAnonymousSMS processes personal data only on behalf of the Client and in accordance with its written instructions. If, in the opinion of SendAnonymousSMS, such instruction violates the GDPR or any other European or national legislation related to data protection, SendAnonymousSMS will immediately inform the Client.

SendAnonymousSMS is allowed to engage third parties for the execution of the Contract. This includes subcontractors, such as web hosting companies. In the event of a change regarding the addition or replacement of subcontractors, the Client may oppose these changes as long as the Contract between the Parties remains in effect.

As far as possible, SendAnonymousSMS will assist the Client, upon simple request, in fulfilling its obligation to respond to requests to exercise the rights of data subjects, in accordance with Chapter III of the GDPR. SendAnonymousSMS may charge the Client fees related to this assistance, calculated based on an agreed hourly rate in the Contract or, in the absence of such, a reasonable rate.

The Client agrees to independently respond to requests to exercise the rights of data subjects as defined in Chapter III of the GDPR, in the event that it has access to the personal data necessary for these requests.

Due to the nature of the processing and the information available to SendAnonymousSMS, the latter agrees to provide any necessary assistance to the Client, upon simple request, to ensure compliance with the obligations defined in Articles 32 to 36 of the GDPR. SendAnonymousSMS may charge for this assistance at an agreed hourly rate in the Contract, or in the absence of such, at a reasonable rate.

SendAnonymousSMS will take all necessary technical and organizational measures, as stipulated in Article 32 of the GDPR, to ensure an appropriate level of security based on identified risks.

In the event that SendAnonymousSMS detects a breach related to personal data, as described in Articles 33 and/or 34 of the GDPR (hereinafter referred to as a "Data Breach"), it will immediately inform the Client. In this case, SendAnonymousSMS commits, at the Client's request, to provide all necessary assistance to enable the Client to notify the competent supervisory authority and, if necessary, to communicate the breach to the affected individuals within the required timeframes.

SendAnonymousSMS, as well as its partners, are obligated to ensure the confidentiality of personal data, except in cases of legal disclosure obligation or when the task of SendAnonymousSMS requires such disclosure.

Regarding the liability of SendAnonymousSMS, only the provisions stated in this article, as well as those agreed upon in the Contract and the General Terms, shall apply.

SendAnonymousSMS does not assume responsibility for fines imposed on the Client by the competent regulatory authority, such as the Dutch Data Protection Authority, unless this results from intentional misconduct or gross negligence on the part of SendAnonymousSMS.

Any breaches by third parties engaged in the execution of the Processing Contract cannot be attributed to SendAnonymousSMS.

The Client has the right to verify SendAnonymousSMS's compliance with its obligations under this Processing Contract through an audit. They must inform SendAnonymousSMS as soon as possible and specify who will conduct the audit, as well as the chosen method and schedule.

SendAnonymousSMS will have a reasonable period to express any objections to the conduct of the audit. If objections are raised prior to the audit's implementation, the Parties commit to consult each other to resolve these disputes, taking into account each party's legitimate interests. SendAnonymousSMS cannot refuse to cooperate with the audit for unfounded reasons (e.g., by raising unreasonable objections). All costs related to this audit will be borne by the Client.

Upon request, SendAnonymousSMS will provide the Client with the necessary information to demonstrate compliance with the obligations set out in Article 28 of the GDPR.

11. Intellectual Property

The Client guarantees that the use of the Product does not violate any intellectual property rights belonging to third parties. They are prohibited from removing or altering any mention related to these intellectual property rights.

SendAnonymousSMS reserves the right to implement technical measures to protect its intellectual property rights. If such protections are implemented for the Product and/or associated rights, the Client may not remove or circumvent these measures.

12. Complaint Procedure

SendAnonymousSMS will do everything possible to respond to Client complaints as promptly as possible. The Client may submit a detailed complaint by contacting SendAnonymousSMS via the following email: esa.contact.hub@gmail.com. If reasonably feasible, SendAnonymousSMS commits to handling the complaint within five working days of its receipt and to providing a substantial response as soon as possible.

If the Client is a natural person acting in a private capacity and not in the course of their professional activity, they also have the option to submit a complaint to the Dispute Committee via the European ODR platform, accessible at the following site: https://ec.europa.eu/consumers/odr/.

The complaint procedures mentioned in this article do not affect the Parties' right to refer the matter to the competent courts.

13. Final provisions

The legal relations between the Parties will be governed and interpreted in accordance with French law. The Vienna Convention on Sales does not apply. These General Conditions are drafted in all possible languages. In case of contradiction, the Dutch version, available at https://envoyersmsanonyme.fr, will prevail.

If the Client is a natural person acting in a private capacity and not in the course of their professional activity, any dispute arising from the contract concluded with this Client will be exclusively submitted to the competent court in the Client's place of residence.

The previous paragraph does not apply if the Client is acting in the course of their commercial, industrial, artisanal, or professional activity. In this case, any dispute related to the contract concluded between EnvoyerSmsAnonyme and a Client acting in a professional capacity will be exclusively submitted to the French court.

The Client's rights under the Contract may not be assigned to a third party without the prior written consent of EnvoyerSmsAnonyme.

If the Client is a natural person acting in a private capacity and not in the course of their professional activity. Such stipulations will not be part of the agreement between EnvoyerSmsAnonyme and a natural person acting for non-professional purposes.

In the event that a provision of the Contract is deemed null, void, or unenforceable, the Contract will remain valid. The Parties will endeavor to replace this provision with a new, legally valid one that aims to have the same objective and effect as the annulled provision.