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Version dated 01/10/2016
These general conditions of sale and use are only applicable to orders of proposed "SdediOne" and "SdediOne" data hosting solutions on the website www.sdedione.com, hereinafter the "Site".
The "Service Provider" is defined below as the Company "SHG", Société par Action Simplifité with a share capital of 200 Euros, of which the si The registered office is located at 16B Chemin de Pichaumeix à Ailly sur meuse (55300) and is registered in the Commercial Register under number 844 257 899.
Contact details of the Service Provider are those contained within the legal notices accessible on the Site.
The "Client", or the "Clients", is defined as any individual subscribing to the "SdediOne" and "SdediOne" data hosting services offered by the Provider on the Site, hereinafter the "Services", and this by accepting in advance the present general conditions of sale and use, hereinafter referred to as the "General Conditions".
The Service Provider and the Customer are hereinafter referred to collectively as the "Parties" and individually as a "Party" when the context permits.
The "Customer Space" is the Customer's strictly personal space on the Site containing all of their personal data and those related to orders for Services.
The General Conditions apply exclusively to the sales of Services offered by the Provider, through the Site, and define the rights and obligations resulting therefrom.
The General Conditions also define the conditions of use of the Services and the Site.
The General Conditions shall prevail, where applicable, over any other version or any other contradictory document issued in particular by the Customer.
The General Conditions are accessible at any time on the Site.
Any order placed by the Customer on the Site implies the observation and validation of the General Conditions and the full and complete acceptance, without exception or reservation, of the latter. Eres.
In case of disagreement with the terms and conditions of the General Conditions, the Customer must not place an order or use the Site.
The Customer can only validate his order after having read the General Conditions and having accepted them by checking the box dedicated to this effect.
Unless proven otherwise, the data recorded by the Service Provider constitutes proof of all the transactions concluded between the latter and each Client.
By validating the General Conditions, the Customer declares to have fully the legal capacity, within the meaning of articles 1123 and following of the Civil Code, allowing the conclusion of a contract and certifies being a non-commercial adult natural person acting for their personal needs.
The General Conditions and the order validation email by the Provider constitute the contract between the latter and the Customer relating to the Services ordered.
The Service Provider reserves the right to adapt or modify the General Conditions at any time and without notice.
In this case, the adaptations or modifications are applicable to all orders subsequent to these adaptations or modifications.
In case of adaptation or modification, the General Conditions applicable to the Customer's order are those in force at the time of the effective validation by the Customer of his order recorded on the Site.
The new General Conditions must be accepted by any Customer wishing to connect to his "Customer Area" and prior to the Customer's access to the functionalities of its Customer Area.
3.1. Customer identification and creation of the Customer Area
3.1.1. General Provisions
To place an order on the Site, the Customer must connect to the Site.
The Site is accessible 24 hours a day, 7 days a week, subject to incidents or maintenance affecting the availability of it.
When placing their first order, and before final validation, the Customer must identify themselves and create an account by filling in the required information on the dedicated form.
The Customer expressly agrees to communicate complete, non-erroneous information of a nature to enable him to be accurately identified in any situation.
Any fanciful or defamatory information is liable to result in the closure of the Customer Area and the cancellation of the order at the discretion of the Service Provider and without prior formalities.
When creating their account, the Customer chooses a password associated with their E-mail address.
The Customer agrees to ensure the confidentiality of his password.
When making subsequent orders, the Customer can access their account by entering their email address and password.
The Customer is responsible for all actions carried out on the Site or through the Services by means of his e-mail address and password.
Any user registered on the Site will be committed to any order placed through his e-mail address.
3.1.2. Confidentiality of information
For the creation of its Customer Area accessible on the Site and to order the Services, the Customer must imperatively provide exact and complete information, including the spelling contains no errors.
By confirming his order on the Site, the Customer confirms the accuracy and completeness of the information he has provided, authorizes and guarantees their use by the Service Provider within the framework of the provision of the Services he has ordered.
Consequently, the responsibility of the Service Provider cannot be sought in this respect, and no complaint and / or request for compensation will be admissible.
3.2. Service Offers
3.2.1. Information on the Services
The Service Provider disseminates on the Site the information concerning the essential characteristics of the Services included in the offer to be chosen by the Customer.
3.2.2. Availability of Services
The offers of Services are valid as long as they appear on the Site, being specified that the latter is updated regularly.
Services offers are valid within the limit of available storage capacities.
3.2.3. Price of Services
The prices indicated on the Site are expressed in Euros and include all taxes (TTC) including the VAT applicable on the day of the order.
Any change in the VAT rate may be reflected in the price including VAT of the Services.
The Service Provider may be required to modify its prices at any time, without notice, and undertakes that the Services will be billed on the basis of the rates in effect at when the order is registered, subject to actual payment.
3.3. Placing the order
3.3.1. Constitution and validation of the order on the
Site The Customer wishing to place an order selects the Services chosen on the Site by clicking on the "Order" button corresponding to the chosen offer.
3.3.2. Choice of payment method and validation of the General Conditions.
To confirm and definitively validate his order, the Customer must proceed to the cash payment thereof from the Site.
The user also chooses the payment method they wish to use for the immediate payment of the order:
- Paypal.
Paypal is a website including a secure payment method which allows the Customer to pay for his order through his own Paypal account, without sharing his bank details. on the site.
In the case of payment by Paypal, the Customer guarantees the Service Provider that he has the necessary authorizations to use these payment methods when placing an order.
No additional costs, greater than the costs borne by the Service Provider for the use of a secure means of payment will be charged to the Customer, under r Save from any stipulations that could be imposed in the context of the transposition of Directive 2011/83 of 25 October 2011, relating to consumer rights, and the measures of which will be applicable to contracts concluded after 13 June 2014.
The validation of the order implies acceptance of the price and characteristics of the Services purchased by the Customer.
The General Conditions are accepted on the page displayed during the first connection to the Customer Area.
Checking the box relating to the General Conditions implies acceptance without exception or reservation of the entirety of the General Conditions.
3.4. Confirmation of the order
The order is firm for the Customer as soon as it is finalized.
The Service Provider acknowledges receipt of this order by sending an email to the email address indicated by the Customer.
In case of refusal of payment by the Customer, the order will be automatically canceled.
The data communicated by the Customer and recorded by the Service Provider when ordering constitutes proof of the transactions carried out.
Upon receipt of the order acknowledgment email sent by the Service Provider, the Customer can access the Services via his Customer Area.
3.5. Cancellation of the order
From the moment the Customer definitively validates his order, no cancellation can be requested by him.
3.6. Reservations and fight against fraud
The Service Provider reserves the right to refuse to honor any order in the event that there is a dispute relating to the payment of a previous order or Related to the Client's personality.
4.1. Creating an account
The Customer Area is created on the occasion of the first order according to the terms described in article 3.1. above.
Access to the Customer Area is subject to prior acceptance of the General Conditions.
The Customer Area is accessible from the Site and via the use of the email address and password entered by the Customer when creating their account.
In the event of loss of his e-mail address or his password, the Customer will follow the procedure indicated on the Site in order to restore his access to the Customer Area.
4.2. Features of the Client Area
The Client Area is the privileged communication channel between the Service Provider and his Client.
The Customer can access the Services purchased and a number of functions in their Customer Area.
The Customer benefits from technical and commercial assistance through his Customer Area.
4.3. Access to the Client Area
To access his Client Area, the Client must identify himself by means of the E-mail address and the password he has and that he undertakes to keep strictly secret and not to disclose them to any third party.
Indeed, access to the Customer Area is reserved for the strictly personal use of the Customer and when he uses it, he declares to act in his capacity. private.
The Customer is therefore solely responsible for access to his account and its use.
By using the Customer Area, the Customer agrees to be subject to the General Conditions.
In the event of a change in information concerning him or which may affect the use of the account, the Customer must modify said information by identifying himself and directly connecting to the Customer Area.
In the event of loss, misappropriation or fraudulent use of his e-mail address and password, the Customer undertakes to immediately notify the Service Provider by using the contact e-mail address made available on the Site.
5.1. General Provisions
Prior to any order, the Customer must read all the information communicated on the Site, learn about the characteristics of the Services and ensure that they conform to his needs and compatible with the use he wishes to make of them.
The Services purchased by the Customer will be made available to him by the Service Provider within twenty-four hours of the final validation of his order.
However, this deadline is communicated as an indication and any overrun due to technical constraints will not give rise to any damage and interest, r complaint or cancellation of the Customer's order.
The Customer confirms that he has the technical knowledge necessary to ensure proper administration of the Service, particularly with regard to backing up his data.
The Customer is fully responsible for the use of the Service. The responsibility of the Service Provider can not be engaged due to a malfunction of the Service resulting from improper use of the Service by the Customer.
The Customer undertakes to use this Service in good understanding. In the event of abnormal use of the Service, the Service Provider reserves the right to interrupt it in accordance with the provisions of article 15 hereof.
5.2. Obligations of the Customer
In the context of the use of the Services, the Customer undertakes to:
- If necessary, take care of all the authorizations for himself. legal, regulatory, administrative or contractual necessary and guarantee the Company against any recourse of this fact; - Comply with all rules that may govern the use of their data and the Services they use; - Respect good morals and public order, the laws and regulations, the rules relating to the protection of personal data and, more generally, those relating to the rights of third parties, intellectual property rights as well as rights relating to information and the content of websites; - Not to record charming data of a pornographic or racist nature relating to sectarian movements, to present hypertext links to this type of site and, more generally, not to save illegal data; - Not to provide and / or exchange data for remuneration.
In case of recording by the Customer of video, animated and / or sound sequences, this one must ensure to have the rights allowing him to insert them and that they do not infringe the rights of third parties.
The Customer undertakes in particular to respect the rights of third parties, the rights of personality, intellectual property rights such as copyright, patent rights or on brands. Consequently, the Service Provider cannot be held responsible for the content of the information transmitted, disseminated or collected, their use and their updating, as well as all files, in particular address files, and this, in whatever capacity.
The Customer is prohibited from using the Service to make available to the public any content for which it does not hold the rights and which would thus violate the provisions relating to copyright or the right of intellectual property.
The Service Provider can only warn the Customer about the legal consequences that could result from illicit activities on the Service, and release all joint and several liability for the use of data made available to the public by the Client.
In these cases, the Service Provider reserves the right to terminate the contract immediately and automatically, without prejudice to the right to any damages to which the Service Provider might claim.
As a hosting provider, the Provider will have no influence on the data recorded by the Customer and, therefore, the Provider does not guarantee and no is not responsible for their use by the Customer.
The Customer thus releases the Service Provider, in particular, from any claim, complaint and / or request of any kind, in particular in damages and interest, from third parties, which would be due in particular to fraudulent or unlawful use and / or illegal data recorded.
The Customer, who is solely responsible for the data he records, thus guarantees the Service Provider against any recourse in this regard.
In all cases, the Customer alone will assume all the consequences, in particular financial, resulting from the fraudulent, illicit and / or illegal use of data.
In case of violation by the Customer of one or more of the stipulations contained in the General Conditions noted by the Service Provider, the latter may automatically, temporarily or permanently suspend , use of the Services and immediately terminate the contract without compensation for the benefit of the Customer.
In addition, the Service Provider reserves the right to interrupt the Services if they constitute a danger for the maintenance of the security or the stability of its platform. accommodation or any other structure that may affect the integrity of the Service Provider.
As far as possible, the Service Provider will inform the Customer in advance.
The liability of the Service Provider will be excluded, in particular:
- in the event of non-compliance by the Client with laws, regulations or one or more of the stipulations of Conditions G general; - in the event of misuse of the Services by the Customer; - in the event of loss or partial or total destruction of the data recorded by the Customer linked to a fault attributable to the latter.
In general, the liability of the Service Provider can under no circumstances be sought due to damages of any kind that may be suffered during the event. use of the Services by the Customer.
Use of the Site and the Services implies knowledge and acceptance by the Customer of the characteristics and limits of the Internet and related technologies.
The Service Provider is itself dependent on the quality of the Internet network, it does not guarantee the continuity of the Site and does not ensure the correction of faults observed on the Internet network.
Consequently, the Service Provider cannot be held responsible for any unavailability of the Site, the Services, or any connection difficulty or connection interruption when using the Site or more. Generally for any disruption to the Internet network affecting the use of the Services.
The responsibility of the Service Provider is limited to direct and foreseeable damages that may result from the normal use by the Customer of the Site and the Services.
The Service Provider is not liable for damage resulting from a fortuitous event or force majeure.
Are considered as a fortuitous event or force majeure exonerating from liability all facts or circumstances that are irresistible, unforeseeable and independent of the will of the Parties, in particular in carrier strikes with national impact or natural disasters such as floods or fires.
In any event, the Service Provider's liability will be limited to the amount of sums actually paid by the Customer and corresponding to the Services not provided.
The contract for the provision of the Services is concluded for a period of ONE (1) or TWELVE (12) months from the date of provision of the Services.
The Client may terminate the contract at any time with a notice of SEVEN (7) days.
However, the sums paid to the Service Provider cannot in any case be returned to him, these being then considered as severance compensation for the benefit of the Service Provider.
Unless terminated at least SEVEN (7) days before the end of the current period, the contract may be renewed under the same conditions subject to actual payment by the Customer of the new period of provision of the Services.
The transposition of Directive 2011/83 of 25 October 2011 on consumer rights, the measures of which will be applicable to contracts concluded after 13 June 2014, will require an adaptation of the Consumer Code. 'regarding the withdrawal period and may imply a modification of the General Conditions as of this date.
In accordance with the law, the Customer has a withdrawal period of SEVEN (7) clear days from the acceptance of the order for services to cancel this one.
However, in accordance with the provisions of article L. 121-20-2, 1 °) of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the provision of services the performance of which has started, with the consent of the consumer, before the end of the withdrawal period.
Consequently, insofar as, by express agreement between the Parties, the provision of the Services begins upon validation by the Service Provider of the Customer's order, i.e. before the end of the period of Aforementioned withdrawal, said right of withdrawal may not be exercised by the Customer who recognizes it and declares to renounce it by confirming his order.
All the elements contained on the Site (texts, images, photographs, sounds, animations, videos, etc.) is the property of the Provider and is protected By the provisions of the Code of Intellectual Property.
The content may not be copied, reproduced or recorded in any way without the prior written permission of the Provider.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of infringement.
In application of the Data Protection Act of January 6, 1978, modified by the law of August 6, 2004, the Service Provider collects the Customer's personal data for the purposes of processing his order, preparing invoices and identifying the Customer.
The Service Provider may communicate these data to respond to an injunction from the judicial or administrative authorities.
Personal data refers to information about the Client as a natural person (name, surname, contact details, etc.) provided voluntarily by the Client.
The automated processing of Customer information has been declared to the National Commission for Computing and Liberties (CNIL) under the number 1843773.
< br> The Customer has the right to access and rectify information concerning him as well as the right to oppose the processing of his data.
To exercise this right, the Customer connects to his Customer Area on the Site or sends an e-mail to the Service Provider at the contact address inserted in the legal notices appearing on the Site.
The Service Provider uses cookies, the purpose of which is to signal the passage of the Customer on the Site.
Cookies are small files that are sent to the browser and saved on the hard drive of the Customer's computer.
Cookies do not allow the Customer to be identified but they record information relating to his navigation on the Site, which the latter can read during subsequent visits by the Customer.
Cookies are exclusively used by the Service Provider.
Unless otherwise handled by the Client, cookies are stored on the Client's hard drive for six months.
The Customer can oppose the recording of these cookies on the hard drive of his computer by configuring his browser as follows:
For Microsoft Internet Explorer: Tools menu> Internet Options> Privacy> Select the desired level;
For Mozilla Firefox: Tool menu> Clear my tracks> Cookie> select the desired options.
By express agreement between the Parties, the General Conditions are governed by French law.
They are written in French and in the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
In the absence of amicable resolution, all disputes to which the contract thus concluded between the Service Provider and the Customer could give rise, concerning its validity, its interpretation, its execution. , its termination, its consequences and its consequences will be exclusively submitted to the competent courts of the place of the registered office of the Service Provider.
For the execution of these presents, the Parties elect domicile at their registered office and respective domicile.
If one or more stipulations of the General Conditions are held to be invalid or declared void by application of a law, decree, regulation or following a final decision by a competent jurisdiction, the other stipulations will retain all their force and scope.
The fact that the Service Provider does not prevail at a given time of one of the clauses of the General Conditions, cannot constitute a denunciation. subsequently apply these same clauses.
The Customer acknowledges having read, prior to the conclusion of the contract thus concluded with the Service Provider, in a clear and understandable manner, of the General Conditions and all the information and information referred to in article L. 121-19 of the Consumer Code, and in particular:
- The main characteristics of the Services offered for sale by the Provider on its Site;
- The identity of the Service Provider (company name, geographic address of the establishment and contact details);
- The total price of the Service (s) ordered, in Euros and All Taxes included;
- The terms of payment and the date on which the Service Provider undertakes to provide the Services ordered;
- The arrangements for dealing with complaints.
Consequently, the fact for any Customer, of ordering on the Service Provider's Site implies full adherence and acceptance of the General Conditions, which is expressly acknowledged by the Customer, who waives, in particular, to prevail against any contrary document, which would be unenforceable against the Service Provider.
15.1. Failure by the Customer to comply with the stipulations of article 5 of these general conditions of use and sale of the Service and in particular any activity specifically prohibited from the Service of the Provider and / or any content broadcast specifically prohibited on the Provider's Services and / or likely to give rise to civil liability and / or likely to infringe the rights of a third party, will result in the right for the Provider to interrupt without delay and without prior notice to the Client's Services and to terminate the contract immediately and automatically, without prejudice to the right to any damages to which the Service Provider could cause. extend.
15.2. The Service Provider reserves the right to restrict, limit or suspend its services without notice or compensation if it appears that the Customer is using its services provided to it for an activity, whatever it is. or, which does not comply with the contractual terms of the Service Provider or do not correspond to the purposes of the Service.
15.3. In any event, the restriction, limitation or suspension measures are exercised according to the severity and recurrence of the breach (s). They are determined according to the nature of the deficiency (s) observed.
15.4. The Customer accepts in advance that the Service Provider carries out a restriction, limitation or suspension of the Service offered if the Service Provider receives a notice to this effect notified by a competent, administrative, arbitral or judicial authority, in accordance with the applicable laws and regulations.