Contract: All of the contractual documents made up of these General Conditions for hosting Internet service (s) - hereinafter referred to as General Conditions -, specific conditions signed between the parties - hereinafter referred to as the Order Form -, as well as all other documents referring to the general conditions.
The service provider: the operator of the service offer 772424.COM SAS, acting on behalf of the PROFILEO Group.
The client/customer: Person, natural or legal, signatory of the Special Conditions acting as Purchase Order and General Conditions, holder of the contract. The CUSTOMER recognizes by signing these powers related to the signing of the Purchase Order and its annexes, in particular the General Conditions.
If the designated CUSTOMER/CLIENT is a legal person whose signatory is neither a corporate officer nor authorized to, the signatory natural person will assume sole responsibility for the contract.
The offer: The offer is a rental of services where the company 772424.COM makes available to the
CLIENT: a server and / or outsourcing. The server can be dedicated to the Client or shared with other clients, depending on the offer described in the Order Form.
The offer made to the CUSTOMER is annexed in the form of the special conditions to these General Conditions. It is contractual and synallagmatic.
Unlimited traffic: the volume of bytes transferred via the server is technically unlimited, with no guarantee of bandwidth, at any given time.
Maintenance: It concerns the components of the offer. It includes the server reboot according to your detailed indications.
Hostname: The management of a server requires the creation of a hostname, intended to build the canonical base of domain names. This hostname is built depending on the authorities governing the Internet: AFNIC, INTERNIC, .... 772424.COM has an obligation of means and advice.
The company helps with the change of delegation and the construction of the host, but this help is not part of the service.
Consequently, 772424.COM cannot be held responsible for problems linked to the propagation of a domain name, and to the construction of the Hostname, the management of DNS or the application errors of the website (s). It is up to the client to check its proper functioning as soon as the server is started.
ARTICLE 1: APPLICATION AND OPPOSABILITY OF THE GENERAL CONDITIONS
1.1 - These General Conditions of 772424.COM are applicable to all supplies and services of the offer. Consequently, placing an order implies the CLIENT's full and unreserved acceptance of these General Conditions.
No particular condition other than those of 772424.COM can, except formal and written acceptance by 772424.COM, shall prevail against the present General Conditions.
Any contrary clause posed by THE CUSTOMER will therefore, in the absence of written acceptance, unenforceable against 772424.COM, regardless of when it may have been brought to the latter's attention.
1.2 - None of the clauses of these General Conditions, if it is not applied, may be interpreted or opposed as being worth renunciation by 772424.COM to take advantage later of these conditions.
ARTICLE 2: PURPOSE
2.1 - The purpose of these General Conditions is to define the technical and financial conditions in which 772424.COM undertakes to the CLIENT.
2.2 - The quote associated with this document details the different subscription options and the specific conditions for the preparation, by 772424.COM, of the CUSTOMER service. Any arrangement present in the specific conditions prevails over the general conditions of accommodation.
2.3 - The CUSTOMER expressly recognizes that 772424.COM does not participate in the design, development, and realization of the website of the CUSTOMER or
of its IT management and administration tools. The CUSTOMER manages his websites alone.
ARTICLE 3: MEANS
3.1 - The server is accessible to the general public via the Internet via stations connected to the Internet.
3.2 - 772424.COM exclusively provides the CLIENT a service which may consist of: a server, bandwidth, maintenance and / or IT power, this set is being described in the Order Form.
ARTICLE 4: SLA, OPERATING CONDITIONS, GTI / GTR
4-1 - 772424.COM undertakes to do everything in its power to ensure the permanence, continuity and quality of the services offered, and therefore subscribes to an obligation of means.
Consequently, 772424.COM will endeavor to offer access 24 hours a day, 7 days a week without being able to guarantee this, however, taking into account the nature of the network. The GTI (intervention time) is 15min, the GTA (recovery time) is 30min on software failure and 2h on hardware failure.
4.2 - Depending on the content and the customer's need, in line with the offers, the Company 772424.COM reserves the right to affect the customer service on the appropriate network.
4.3 - 772424.COM guarantees an availability on the Internet network of the server of 99.99% for each monthly period, outside of scheduled maintenance times, with the end customer according to paragraph 6.1, and except in cases of force majeure or breakdown physic server if it is not rented by 772424.COM.
In the event that the server availability is lower than that specified above, the following penalty rate will be applied to the Monthly Fee for the reference period, excluding options
|D < 0,99||P = 5%|
|D < 0,98||P = 10%|
|D < 0,97||P = 15%|
|D < 0,96||P = 20%|
|D < 0,95||P = 25%|
|D < 0,90||P = 50%|
ARTICLE 5: CUSTOMER INFORMATION AND CONFORMITY OF SERVICE
The CUSTOMER acknowledges having verified the adequacy of the service to their needs and having received from 772424.COM all the information and advices they needed to subscribe to this commitment knowingly.
ARTICLE 6: OBLIGATIONS OF 772424.COM
772424.COM undertakes to take all the care and diligence necessary to provide a quality service in accordance with the standards of the profession and the state of the art.
772424.COM undertakes to:
6.1 - Ensure access to the server 24 hours a day, every day of the year.
In case of absolute necessity, 772424.COM reserves the right to interrupt the server to carry out a technical intervention for any maintenance operation.
772424.COM will then inform the CLIENT as soon as possible within a reasonable time, specifying the nature and duration of the intervention, so that the CLIENT can make its arrangements.
6.2 - Respond quickly in case of an incident.
6.3 - Ensure that the quality of its tools is maintained at the best level and ensure the competence of its teams by training its staff.
ARTICLE 7: LIABILITY OF 772424.COM
7.1 - The responsibility of 772424.COM will not be engaged in the following cases:
• deterioration of the application due to the CUSTOMER and / or non-compliance with an advice given.
• improper use of terminals by THE CUSTOMER or its CUSTOMERS.
• partial or total destruction of the information transmitted or stored following errors attributable directly or indirectly to the CLIENT.
7.2 - 772424.COM cannot be held responsible for the CLIENT's non-compliance with national and international rules, laws and obligations of public order and morality.
7.3 - 772424.COM undertakes to respect the protection of the copyright of its CLIENT.
7.4 - Due to the characteristics of the Internet, which THE CUSTOMER declares to be fully aware of, 772424.COM cannot be held liable in particular for:
• the content of the information transmitted, disseminated or collected, its exploitation and its updates, as well as of all files. In particular the files but also the sounds, the texts, the images, the form elements, the data accessible on the website for any reason.
• possible misappropriation of passwords, confidential codes, and more generally of any information of a sensitive nature for the CLIENT. 772424.COM cannot in fact 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 772424.COM, such as commercial damage, loss of orders, damage to the brand image, any commercial disorder, loss of profits or of CUSTOMERS (for example, disclosure of confidential information as a result of software defect or hacking), for which the CUSTOMER will be his own insurer and may take out appropriate insurance.
Any action brought against the CUSTOMER by a third party constitutes indirect damage and therefore does not give right to compensation.
7.5 - The responsibility of 772424.COM is not engaged in the event that malicious intrusions by third parties on the server occurs despite the reasonable security measures put in place by 772424.COM.
7.6 - In any event, the amount of damages which could be charged to 772424.COM, if its responsibility was engaged, will be limited at maximum the amount of the sums actually paid by the CLIENT to 772424.COM and / or invoiced to the CUSTOMER by 772424.COM and / or the amount of the sums corresponding to the prices of the service formulas and options, for the part of the service for which the responsibility of 772424.COM has been retained.
7.7 - 772424.COM undertakes to use all means to ensure optimal service to the CLIENT, except in the event that an interruption of the service is expressly requested by a competent administrative or judicial authority.
7.8 - 772424.COM cannot be held responsible for total or partial non-compliance with an obligation and / or failure of operators of communication networks onto the Internet and in particular of its access provider (s).
As such, 772424.COM informs the CUSTOMER that their responsibility cannot be engaged by their failure.
7.9 - All 772424.COM staff are committed to the company by employment contract, which stipulates a confidentiality clause and a non-disclosure clause.
ARTICLE 8: OBLIGATIONS AND RESPONSIBILITY OF THE CUSTOMER
8.1 - The CUSTOMER acknowledges having checked the adequacy of the service to their needs and having received from 772424.COM all the information and advices they needed to subscribe to this commitment knowingly.
8.2 - The CLIENT acts as an independent entity and therefore assumes whole responsibility of the risks and perils of its activity. The CUSTOMER is the only responsible of its professional operation, carried out via the service offer. In particular, the customer is responsible of his websites, the content and information transmitted, disseminated or collected, their exploitation and their updating, as well as all files, in particular address files.
8.3 - The CLIENT undertakes in particular to respect the rights of third parties, in particular the rights of personality, the intellectual property rights of third parties such as copyrights, patents or trademark rights.
8.4 - The CUSTOMER guarantees 772424.COM of any action of claims by third parties related to the content of the information transmitted, disseminated, reproduced in particular resulting from an infringement of personality rights, to a property right linked to a patent, to a trademark, to designs and to models, to copyrights or those resulting from an act of unfair or parasitic competition or an attack to the public order, the ethical rules governing the Internet, the good morals, the respect for privacy (right to the image, secrecy of correspondence ...) or to the Penal Code: as such, The CLIENT will compensate 772424.COM for all costs, charges and expenses that it would have to bear this fact, including reasonable fees and expenses of the advice 772424.COM would have to carry, even by a non-final court decision.
8.5 - The CUSTOMER will bear alone the consequences of the malfunction of the service following any use by the members of his staff or by any person to whom the CUSTOMER has provided his password (s), not in accordance with operating instructions provided to him by 772424.COM.
The CUSTOMER will ensure that the members of his staff in connection with 772424.COM are trained in the operation of services on the Internet.
8.6 - The CLIENT undertakes to send an email to "firstname.lastname@example.org" for any request for intervention on the server. In this request, the CUSTOMER identifies himself, indicating his IP or domain name / server, the subject of his request and the desired response time.
The technical teams also remains available for the CLIENT from Monday to Saturday from 9:00 a.m. to 9:00 p.m. for any advice or technical intervention requested by email.
An emergency number outside the opening hours is also transmitted in the event of a level 2 case for reboot requests or software interventions.
ARTICLE 9: DURATION OF THE CONTRACT
9.1 - The contract is concluded for an initial period defined in the Order Form at the date of commissioning.
9.2 - This contract is renewable by tacit agreement, for a period identical to the initial period, unless interruption by one of the parties by registered letter with acknowledgment of receipt with a notice of 1 (one) month.
ARTICLE 10: PRICES AND INVOICING
10.1 - The prices are defined in the Order Form. All prices are exclusive of tax and are payable in Euros.
10.3 - Payment for services are made in advance by direct debit, transfer or check.
10.5 - In the event of termination of contract, an invoice for corrective credit will be established.
10.6 - All duties and taxes applicable to these prices will be invoiced in addition, on the date of their legal application.
10.7 - By express agreement and unless postponement requested in time and granted by 772424.COM by a written manner, the total or partial failure to pay on the due date of any sum due, will automatically, without prior notice and without prejudice, imply the use of the article of contract termination:
• the immediate payment of all sums remaining due by the CUSTOMER under the contract, regardless of the payment method provided.
• the invoicing to the CUSTOMER of late payment interests equal to one and a half times the legal interest rate, with the last rate published on the date of invoicing. The interest is due simply by the termination of the contractual. Interest is calculated prorata temporis over the period of one month.
• the CUSTOMER will be asked to pay also 20 euros excluding tax for each unpaid invoice found by 772424.COM.
• the suspension of all current services, whatever their nature, without prejudice to 772424.COM to use the right to terminate the contract stipulated in the article "Termination".
10.8 - Any disagreement concerning invoicing and the nature of the services must be justified by a letter with acknowledgment of receipt within eight days after the date of issue of the invoice.
In the absence of a motivated registered letter with acknowledgment of receipt, the CUSTOMER will be considered to have accepted invoicing.
10.9 - In the event of a dispute, all of the sums due, including those corresponding to the contested services, must be paid on the due dates. After this period, the CUSTOMER will be considered to have accepted the statements which have been presented to him. The CLIENT's disputes will no longer be admissible.
ARTICLE 11: TERMINATION
11.1 - Beyond the initial period, 772424.COM or the CUSTOMER may terminate, by respecting a notice of 1 month before the due date of the last invoice. Termination must be notified by a letter with acknowledgment of receipt.
11.2 - 772424.COM and the CUSTOMER undertake to notify each other by letter with acknowledgment of receipt of any breach of this contract.
11.3 - At the end of the contract, for whatever reason, the CUSTOMER must, without delay, cease all use of the dedicated server and proceed at its expense to the repatriation of its data or its server if it owns it. 772424.COM could in no case be worried about the destruction of confidential data or not, after this period.
ARTICLE 12: CASE OF FORCE MAJEURE
12.1 - If the execution of the contract, or any obligation incumbent on 772424.COM, is prevented, limited or disturbed due to fire, explosion, network failure
of transmission, collapse of facilities, epidemic, earthquake, flood, blackout, war, embargo, law, injunction, request or requirement of any government, strike, boycott, or other circumstance beyond the reasonable control of 772424.COM, then 772424.COM will be exempt from its obligations.
12.2 - In these cases, 772424.COM will be exempt from the performance of its obligations within the limits of this impediment, limitation or disturbance. In the event of Force Majeure, 772424.COM must keep the CUSTOMER regularly informed of the consequences and prognoses of recovery.
12.3 - The obligations arising from this contract will be suspended for the duration of the Force Majeure Event.
12.4 - If the effects of a Force Majeure Event lasts for more than two months, the contract may be automatically terminated at the request of either party, without right to
compensation, on both sides.
ARTICLE 13 - ADVERTISING AND PROMOTION
13.1 - 772424.COM may take advantage of the services provided to the CUSTOMER as well as on its commercial documents and / or brochures during events, in symposia and specialized publications on professional markets.
ARTICLE 14: APPLICABLE LAW - ATTRIBUTION OF JURISDICTION
14.1 - This service contract is subject to French law.
14.2 - Any dispute relating to the interpretation or execution of these General Conditions will be the exclusive jurisdiction of the Paris Commercial Court.
ARTICLE 15: SECRET
Each of the parties must consider as confidential, during the term of the contract and after its expiration, any information, documents, systems, know-how, formulas or datas from the other party which it may have become aware during the execution of contract, and must not disclose them to a few third parties whatsoever, or use them outside the needs of the contract.
ARTICLE 16: ASSIGNMENT
16.1 - The CLIENT is not authorized to assign, transfer, delegate or license the rights and obligations arising from the contract, in any form whatsoever, without the prior written consent of 772424.COM.
16.2 - The contract may be transferred by 772424.COM at any time to another legal person replacing itself.
ARTICLE 17: MODIFICATION
17.1 - Modifications before signing. The Client guarantees that all the modifications it has made to this Agreement have been clearly indicated and that it has made no changes that are not clearly identified as such.
17.2 - Contractual changes may result in a change in the price of the monthly fees.
17.3 - The parties agree that 772424.COM may automatically change its service without any other formality than informing the CLIENT, as long as the service provided to the CLIENT is maintained.
ARTICLE 18: GENERAL
18.1 - The nullity of one of the clauses of the contract for the provision of services in application in particular of a law, a regulation or following a decision of a competent court passed in res judicata will not result in the nullity of the other clauses of the contract which will keep their full effect and scopes.
18.2 - Unless otherwise is stipulated in the contract and is stipulated on the invoice, service provided is a rental of services, which cannot be assimilated to a sale of equipment. In fact, any transfer of property from 772424.COM to the CUSTOMER is excluded by these General Conditions.
ARTICLE 19: RESOLUTORY CLAUSE
19.1 - It is expressly stipulated that in the lack of payment of a single monthly payment or fraction of a monthly payment term, on its due date, and one month after a formal notice remains, the contract may be automatically terminated, with service interruption if it seems good to the company 772424.COM.
Jurisdiction is, as necessary, assigned to the Magistrate of Referrals to note the lack of payment, guarantee the application of this clause and prescribe the judicial termination of the rental contract for the services.
19.2 - In the case of late payment of the monthly payment, or accessories, all the sums due will produce interest from the day of invoice at the base rate of the banks increased by five points.
However, interest will only be invoiced in the absence of payment within fifteen days of sending a registered letter with acknowledgment of receipt, including formal notice to pay.
19.3 - In the absence of payment of the monthly payment, or accessories, fifteen days after a simple Registered Letter remained unanswered, the file will be transmitted to the Comptoir Fiduciaire de Paris, and the sums due automatically increased by 10% as indemnity, this independently of all costs of ordering revenue and procedures.
ARTICLE 20: INTELLECTUAL PROPERTY RIGHTS
20.1 - 772424.COM software is recognized by the CUSTOMER as a work of the mind, so he and the members of his staff are obliged to consider as such, and will forbidde themselves:
• to copy or reproduce whole or part of the software and / or documentation by any form,
• use the software for other applications than in accordance with the contract,
• translate or transcribe the software and / or documentation into any other language, or adapt it or add any object that does not comply with its specification.
20.2 - THE CUSTOMER does not acquire any rights whatsoever in the 772424.COM brands.
Neither party acquires intellectual property rights in the other's databases or in its brands, concepts, screens, graphics or softwares.
20.3 - Paragraphs 20.1 and 20.2 applies in France and abroad.