Télésonique SA is active as a telecommunications enterprise predominantly in the fixed-net and Internet fields. These general terms and conditions (GTC) apply to all Télésonique services. Every individual or legal entity who has signed a contract with Télésonique is termed a customer.

1. Applicability
This GTC is applicable to all services which Télésonique supplies. The current and binding version of the GTC is attached to the customer's registration form. It can also be viewed on the Internet at www.telesonique.net or can be requested directly from Télésonique.

2. Télésonique SA Services
Télésonique is anxious, in the context of its operational resources, to offer its customers the optimum quality of service. However, Telesonique accepts no liability for the continuous availablity of its services. Télésonique can use a third party to provide the service.

3. Obligations of the customer
The customer is obligated to always update Télésonique with data, such as name and address changes, in written form, by e-mail or fax. The customer is responsible for the use of the service agreed between him and Telesonique by a third party, as if for his own use. The customer keeps all contract information confidential such as codes or passwords, and is liable for all resulting damage upon ignoring this regulation.

3.a) For dial UP and DSLeXpress customers:
The customer is responsible for the contents of all information and reports which are transmitted, prepared or worked on over his dial-up or ADSL service. In particular, these conditions apply to information contents which are classified as illegal by Télésonique. Furthermore, the customer accepts to observe netiquette. A violation of the recognized rules of netiquette is considered as a breach of these conditions as per contract. The customer is responsible for the establishment of all connections, the software necessary for the use of dial-up or ADSL service and the hardware including their configuration. The compatibility of the equipment and their configuration with the ADSL service (or dial-up) is also the responsibility of the customer. Furthermore, the customer is totally responsible for the telephone connection. The customer commits to undertake the necessary steps to prevent illegal use of the ADSL service (or dial-up) over the connection, the unauthorized access to his hardware, devices and data and any manipulation through a third party. The customer must protect themself against hackers and viruses. The customer is responsible for any damage that Télésonique develops due to such an abuse. Télésonique can obligate the customer to take precautions at the customer premises which serve for the prevention and the removal of any such defects. If such a defect cannot be repaired despite taking the necessary steps and the cause is attributed to irregularities at the customer location, the customer must make all modifications necessary for the recovery at his own expense or, if necessary, stop using the service completely. The customer agrees to abide by Swiss law when using the ADSL service (or dial up).

3b) For BYPASS prepaid services
Télésonique SA is responsible for the termination part of the international call, (i.e. leg " B "). The client is responsable for the access to the BYPASS Plateform via a local call : 022 5050 555 (i.e. leg " A ") including the corresponding costs. BYPASS credits will remain active one year after date of payment.
For complete service description, prices and conditions see www.telesonique.com.

4. Prices
Télésonique strives to offer inexpensive services. The current and binding prices are published on the Internet, at www.telesonique.net, or are available directly from Télésonique. Price adjustments are possible at any time, without being personally communicated, and will be published on the homepage.

5. Terms of payment
The customer commits to pay the charged amount up to the due date indicated on the invoice. Within the time fixed for payment, the customer can raise justified objections in writing against the invoice. If the customer does not fulfil the obligation to pay within the specified period, the customer is in default and receives a single reminder. If the customer does not pay this demand, the services are stopped and the customer is referred to a collection agency.

6. Data security and confidentiality
Télésonique commit to treat all customer data confidentially and to observe data security regulations.

7. Telephone and Internet abuse
The customer commits to use Télésonique's services in accordance with this GTC. The services, especially Internet, may not be abused for the purpose of criminal actions. Télésonique reserves the right to stop all services in the event of suspicion of abuse, offences against the law or this GTC and to take legal steps against the customer.

8. Liabilities
Télésonique commits to supply it services diligently in accordance with the contract and this GTC. Telesonique is responsible, to a maximum of CHF 1'000.00, for damage which Telesonique caused by negligence. The liability for indirect and consequential damages is - as far as legally permissible - excluded. During suspension or cancellation of an agreement by Télésonique, the customer is responsible for the full extent of all damages and Télésonique is not liable in such cases.

9. Start, notice and suspension
The contract begins with the acceptance of the written order for a service by Télésonique. In the case of an order via Internet, the contract begins when the customer receives for the appropriate contract a written confirmation from Télésonique. In any case, the contract begins when the customer uses the service. Télésonique reserves the right to supply service dependent upon the receipt of a guarantee. Non fixed-term contracts are at any time subject to notice. The ADSL subscription is fixed for the term of 12 months. If the ADSL subscription is not cancelled in writing at least 1 month before expiration, the ADSL subscription continues as an open-ended contract. In this case, the customer has the right to terminate the contract with one month's notice at the end of the month. If this happens within the fixed term of the 12 month contract, Télésonique reserves the right to charge the customer a fixed amount per month. If the customer does not use or cancels the Télésonique preselection service, then an additional CHF 5,00 is added to the monthly ADSL subscription. In the case of abusive use of the service, endangerment of Télésonique's, or of Télésonique's partners' equipment, threatening or acute endangerment of predominant public or private interests, a considerable outstanding payment which justifies that the customer cannot pay as stipulated in the contract, doubts about the solvency of the customer, if the customer does not provide a guarantee demanded by Télésonique, if there are other important reasons (e.g. illegal use in accordance with number 7) then Telesonique reserves the right to terminate all contracts without notice. In such cases, Telesonique can additionally stop the supply of all services. In such events, the customer is liable for any resulting damages incurred. Telesonique is not liable for.

10. Changes to the GTC
Télésonique reserves the right to amend the GTC at any time.

11. Area of jurisdiction
This contractual relation is governed by the Material Swiss Right. The sole area of jurisdiction for all resulting disputes from, or in connection with, this agreement is - under reservation of changing the mandatory places of jurisdiction in Federal law - Geneva.

Geneva December 1st 2005 

Télésonique SA
Route de Pré-Bois 20
CH-1215 Geneva
Switzerland