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Article 0 - Definitions
CONTRACT: All of the contractual documents comprising this accommodation contract, as well as all the other documents referring to it. THE PROVIDER: HFRANCE, considered as the executor of the offer 'accommodation and associated services. The CUSTOMER: Person, physical or legal, having ordered an accommodation service, and holder of the contract.
Article 1 - Application and enforceability of the general conditions of sale
1.1 - This accommodation contract is applicable to all supplies and services of the accommodation offer.the contrary clause posed by the CUSTOMER will therefore, in the absence of express acceptance, unenforceable against HFRANCE, regardless of when it may have been brought to the latter's attention.
1.2 - None of the clauses of this hosting contract, if they are not applied, can be interpreted or opposed as being worth renunciation by HFRANCE to take advantage later of said condition (s).
Article 2 - Object
2.1 The purpose of this hosting contract is to define the technical and financial conditions under which HFRANCE agrees vis-à-vis the CLIENT.
Article 3: Means
3.1 - The CUSTOMER SITE is accessible to the general public via the Internet
3.2 - HFRANCE provides the CUSTOMER with disk space, an unlimited number of e-mail accounts, traffic and a domain name. HFRANCE provides the CUSTOMER with technical assistance by e-mail / tickets and phone.
Article 4: Operating conditions
4.1 - HFRANCE will endeavor to offer access 24 hours a day, 7 days a week without being able to guarantee it, however, given the nature of the network.
Article 5: Customer information and service compliance
5.1 - The CUSTOMER acknowledges having checked the adequacy of the service to their needs and having received from HFRANCE all the information and advice they needed to subscribe to this commitment knowingly. >
Article 6: Obligations of HFRANCE
6.1 HFRANCE is committed to taking all the care and diligence necessary to provide quality service.
6.2 Ensure access to the server 24 hours a day every day of the year, apart from any technical or network incidents. In case of absolute necessity, HFRANCE reserves the right the possibility of interrupting the service to carry out a technical intervention in order to improve its operation or to carry out any maintenance operation.
6.3 - Respond quickly in the event of an incident.
6.4 - Ensure the quality of its tools is maintained at the best level and ensure the competence of its team.
Article 7: Liability of HFRANCE
7.1 - HFRANCE undertakes to take all reasonable precautions to ensure the material protection of the data and programs that the CLIENT has entrusted to it.
7.2 - HFRANCE will not be held liable in the following cases: - deterioration of the application due to the CUSTOMER and / or non-compliance with the advice given. - improper use of the servers and software by the CUSTOMER - partial or total destruction of the information transmitted or stored following errors attributable directly or indirectly to the CUSTOMER.
7.3 - HFRANCE cannot be held responsible for the CLIENT's non-compliance with national and international rules, laws and obligations of public order and morality.
7.4 - Due to the characteristics of the Internet, which the CLIENT declares to be fully aware of, HFRANCE cannot be held liable in particular for:
► The content of the information transmitted, disseminated or collected, its use and updating, as well as for any file including address files but also sound, text, images, form elements and data accessible on the site, for any reason whatsoever.
► Possible misappropriation of passwords, c codesconfidential and more generally, any information of a sensitive nature for the CLIENT. HFRANCE cannot be held responsible for this management, which is the responsibility of the CLIENT.
► Indirect damages, ie all those which do not result directly and exclusively from the partial or total failure of the service provided by HFRANCE, such that commercial damage, loss of orders, damage to the brand image, any commercial disturbance, loss of profits or of CUSTOMERS (for example, untimely disclosure of confidential information concerning them as a result of defect or hacking of the system) , for which the CUSTOMER will be their p insure or may take out appropriate insurance. Any action brought against the CLIENT by a third party constitutes indirect damage and therefore does not give rise to a right to compensation.
7.5 - In any event, the amount of damages that could be charged to HFRANCE, if his responsibility was engaged, will be limited to the amount of the sums actually paid by the CUSTOMER to HFRANCE for the part of the service for which the responsibility of HFRANCE has been selected.
7.6 - HFRANCE undertakes to do everything in its power to provide services to the CUSTOMER under optimal conditions, except in the event that an interruption of the service is expressly requested by a competent administrative or judicial authority.
7.7 - HFRANCE can not be held responsible for total or partial non-compliance with an obligation and / or failure of operators of transport networks to the Internet world and in particular of HFRANCE informs the CUSTOMER that its services are dependent on other technical operators and that its responsibility cannot be held liable for their failure.
7.8 - All HFRANCE staffis bound to the company by contract of employment, which stipulates a confidentiality clause and a non-disclosure clause.
7.9 - HFRANCE technicians are limited to network / server support; they will be able to decide not to answer the questions of order of creation of codes / s not provided by CPanel.
Article 8: Obligations and responsibility of the customer
8.1 - The CUSTOMER acknowledges having checked the address equation of the service to its needs.
8.2 - The CLIENT is responsible for its websites, the content of the information transmitted, disseminated or collected on them, their exploitation and their update, as well as any file which they contain, in particular address files.
8.3 - The CLIENT is responsible for the s and programs it use in its accommodation space. In particular, it will ensure that these so-called programs do not cause failure or saturation (in terms of disk resources, CPU or memory) of the servers on which they are deployed.
8.4 - CUSTOMER agrees to keep a backup content hosted on HFRANCE servers, on his personal computer or other backup device in his possession.
8.5 - The CUSTOMER undertakes to respect the rights of third parties, in particular the personality rights and intellectual property of third parties such as copyright, patent or trademark rights .
8.6 - The unlimited disk spaces offered as part of the corporate and private offers should only be used for web hosting. Your unlimited space allows you to create the most elaborate website possible, with hundreds or thousands of web pages, you will not be penalized for exceeding the limits. Using your hosting account as a dedicated online storage space for archiving files, music, images electronic or video, is strictly prohibited.
8.7 - The CUSTOMER must contact HFRANCE in the event of an unwanted expiration of the domain name. If no contact has been made before the domain is redeemed, the client must, if it wants to renew the domain name, pay the fees requested by ICANN which can go up to 60 Euros.
8.8 - CUSTOMER and HFRANCE s commit to communicate in a courteous manner. Respect in the requests for support and in the responses of HFRANCE is required to promote the resolution of the problem and healthy communication. If inappropriate language is used by the CUSTOMER in its communications, HFRANCE reserves the right to ignore requests until they are written in a respectful manner.
8.9 - The CLIENT is responsible for the security of its sites. In the event of hacking, the customer will have to find the security flaw on his site and make the necessary corrections.
8.10 - The CUSTOMER's non-compliance with the articles referred to above, or the dissemination of any content liable to create responCivil and / or criminal liability will result in the interruption without delay and without prior notice to the CLIENT. HFRANCE reserves the right to immediately terminate the CUSTOMER contract, without the latter being able to claim damages. The CUSTOMER agrees to pay the remaining sums due on the day of termination.
Article 9: Duration of the contract
9.1 - This Agreement will come into force on the date you signed up for your first Service and will remain so until terminated in accordance with the terms set out in article 12 ("Termination).
9.2 - This contract is renewable, for a period identical to that fixed at the time of its conclusion, according to the terms and prices charged by HFRANCE on the date of its renewal, unless statednegation by one of the parties under the conditions described below.
Article 10: Price and invoicing
10.1 - All the prices indicated include taxes and are payable in Euros.
10.2 - The price fixed for the period of 36 months is final; it is mentioned when ordering the accommodation.
10.3 - During the 36 month period, the price cannot be revised.
10.4 - Invoices are payable in advance for the period due.
10.5 - Automatic payment. When HFRANCE is authorized to do so in accordance with this Agreement relating to all Fees, costs incurred or any applicable taxes, these amounts will be automatically charged to the credit card or to the PayPal account registered in your HFRANCE account and you authorize HFRANCE to do it. HFRANCE will send you an invoice for these amounts to the email address entered in your customer account before carrying out the transaction.
Article 11: Domain name
11.1 - The domain name is the exclusive property of the client.
11.2 - The domain is free as long as the client renews with HFRANCE.
Article 12: Termination
12.1 - The CUSTOMER may terminate their contract during the 30-day trial period, except for monthly accommodation (see below). The CUSTOMER may request a refund during this period, directly Via the option available in the service tab of the HFRANCE customer area or by contacting customer service. Following the 30-day trial period, the customer may not request any remboursement to HFRANCE, whether he uses the services or not. HFRANCE will then keep 100% of the sums paid by the customer.
12.2 - Renewals. Services purchased for a specified period (for example, three years) will be automatically renewed upon expiration of that period unless you notify HFRANCE in writing of your intention to terminate them at least 7 days before expiration of this period or that you cancel your contract and cancel the automatic payment in your account 24h before the renewal. In the absence of termination, the customer's services will be renewed at the then current HFRANCE rates.
12.3 - Accommodation paid monthly does not include a trial period and is not refundable.
12.4 - Subject to article 12.1 (guarantee satisfied or reimbursed within 30 days), all amounts paid in advance for the Services will not be reimbursed.
12.5 - Domain names and additional services ordered (SSL, privatization of domain name data, etc.) are not refundable. Costs of 9.99 Euros will be deducted from the refund in order to cover the purchase of the domain name, if it was purchased by HFRANCE as part of the hosting.
12.6 - HFRANCE and the CLIENT undertake mutually to notify each other by e-mail of any breach of this contract.
12.7 - HFRANCE may terminate this contract or suspend the hosting of a client whoi post illegal content on its site without notice.
12.8 - In the event of termination of the accommodation following non-compliance with the GTC, the customer may not request any reimbursement for prepaid services.
Article 13: Force majeure
13.1 - If the performance of the contract, or of any obligation incumbent on HFRANCE hereunder, is prevented, limited or disturbed due to fire, explosion, failure of the transmission networks, a collapse of the installations, an epidemic, an earthquake, a flood, a power outage, a war, embargo, law, injunction, request or demand from any government, strike, failure of its network service provider, or any other circumstance beyond the reasonable control of HFRANCE, then the latter will be relieved of its obligations.
13.2 - In these cases, HFRANCE will be exempt from the performance of its obligations within the limits of the impediment, limitation or disturbance. In case of force majeure, HFRANCE must keep the CUSTOMER regularly informed of the consequences and recovery forecasts.
13.3 - The obligations arising from this contract will be suspended for the duration of the force majeure.
13.4 - If the effects of a force majeure event were to last for more than two months, the contract may be automatically terminated at the request of one or the other. party, without right to compensation on both sides.
Article 14 : Confidentiality
14.1 - Each of the parties must treat as confidential, during the term of the contract and after its expiration, the information, documents, systems, know-how, any formulas or data from the other party of which it may have become aware during the performance of the contract, and must not divulge them to others, nor use them outside the needs of the contract.
Article 15: Affiliation
15.1 - By registering as an affiliate, you accept the terms and conditions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO PARTICIPATE IN THE PROGRAM AFFILIATION: Registration for the affiliate program does not require a purchase on the HFRANCE Inc. site.
15.2 - As an affiliate of HFRANCE, you can accumulate a single commission for each purchase of a hosting account that you refer to HFRANCE which corresponds to the definition of a "Qualified purchase and the requirements set out in this document. A qualified purchase is the purchase of a HFRANCE hosting service by a new and unique customer who: (i) clicks on an affiliate tracking link, (ii) complete the registration process within thirty (30) days of clicking on the tracking link and (iii) maintain an active account with HFRANCE for at least ninety (90) days.
15.3 - No commission will be paid for sales made without a tracking code and without participating in our affiliate program.
15.4 - Missing or unmatched membership fees must be reported during the current reference period (between the 1st and the 15th of the month or between the 16th and the end of the month) and will be credited to your account at our sole discretion.
15.5 - Due to the high frequency of credit card fraud and cancellation rates, HFRANCE reserves the right to retain commissions for up to two (2) additional months We reserve the right to cancel the referral fee in the event that we are unable to raise funds, when an order is fraudulent, that the customer cancels within ninety (90) days, or if we learn that the commissions have been earned illegally.
15.6 - Non-standard rates (ratesnot available on the platform) are not eligible for affiliation fees. These non-standard rates include, but are not limited to: special promotions, email offers, prepaid accounts, and discounted prices offered to non-profit or charitable organizations.
15.7 - Any violation of these rules will result in the termination of your account affiliate and suspension of affiliate payments.