Terms and Conditions of Sale
Terms related to hosting services
Version of this document dated 01/09/2016
ARTICLE 1: PURPOSE
These special conditions define the technical and financial terms under which Vitrine Facile agrees to host the Client's Internet service on its platform.
This document details the various subscription options for Vitrine Facile's preparation of the space on the platform reserved for the Client.
ARTICLE 2: MEANS – OPERATING CONDITIONS
The Vitrine Facile platform is accessible to the general public via the Internet network, using computers connected to the Internet.
Vitrine Facile guarantees access to the website under reasonable traffic conditions.
If access to the Service cannot be maintained due to traffic exceeding the Service's capacity, the parties will consult each other to consider technical and financial changes to the Client's hosting conditions.
ARTICLE 3: TECHNICAL SUPPORT
Vitrine Facile provides the Client with technical assistance under the conditions set out in the general terms of service.
ARTICLE 4: CONDITIONS FOR PERFORMANCE AND INVOICING OF SERVICES
Vitrine Facile sends the Client an email confirming the account opening, providing the codes that allow access to the space reserved for their website on the Vitrine Facile Service.
The date on which the Client's site codes are sent determines the initial date on which billing takes effect.
ARTICLE 5: VITRINE FACILE'S OBLIGATIONS
Vitrine Facile undertakes to apply all necessary care and diligence in providing a quality service, in accordance with professional practices and the state of the art. It is bound only by an obligation of means.
Vitrine Facile undertakes to:
5.1. Ensure access to the Service 24 hours a day, every day of the year.
Vitrine Facile will, as far as possible, inform the Client within a reasonable time, by email or through the website https://www.vitrinefacile.fr, of any possible service interruption, so that the Client can make the necessary arrangements.
5.2. Respond quickly in the event of an incident.
5.3. Maintain its tools at the highest possible level of quality.
5.4. Protect its platform, as far as possible.
ARTICLE 6: VITRINE FACILE'S LIABILITY
Vitrine Facile reserves the right to interrupt the Service, in particular if the Service poses a danger to the security of Vitrine Facile's hosting platform, whether as a result of a hacking of said Service, or following a failure to install an application update that results in the detection of a security vulnerability in the system. Vitrine Facile undertakes to restore the connection upon the Client's request, as soon as the corrective measures have been carried out by the Client.
Vitrine Facile cannot be held responsible for the content of information, sound, text, images, design elements and data accessible on the sites hosted on the Client's Service, transmitted or published by the Client, for whatever reason.
Vitrine Facile cannot be held responsible for the total or partial failure to meet an obligation and/or the failure of the operators of the transport networks to the Internet, in particular its internet service provider(s).
Vitrine Facile cannot be held liable towards the Client for the introduction of a computer virus on the Client's Service.
Vitrine Facile cannot be held responsible for a failure caused by improper use of the Service by the Client.
Consequently, Vitrine Facile recommends that the Client implement a backup measure carried out on their own initiative.
ARTICLE 7: CLIENT'S OBLIGATIONS AND LIABILITY
7.1. The Client undertakes not to add racist, illegal or pornographic content, nor any hypertext link to such prohibited sites, on the Vitrine Facile Service.
Likewise, the Client is prohibited from posting any content on pages relating to any proselytizing for sectarian movements as denounced in the parliamentary report "Les sectes en France", or considered to represent a sectarian risk by the State's services, or recognized as such by a court decision having the force of res judicata. The Client also undertakes not to redirect to such sites.
The Client is responsible for complying with the traffic volume and storage space permitted by the hosting plan (100 MB) and the options to which they have subscribed.
The Client is informed that publications constitute, in particular, works of the mind protected by copyright within the meaning of Article L 112-2 1° and 2° of the French Intellectual Property Code.
The Client is informed that sound, video or other files (MP3, DIVX, ISO, etc.) are subject to copyright and intellectual property rights.
The Client assures Vitrine Facile that they hold all intellectual property rights to all pages and data they have hosted, namely the reproduction, representation and distribution rights relating to the Internet medium, for a previously determined duration.
The Client therefore declares that they fully accept all legal obligations arising from the ownership of their services, Vitrine Facile being unable to be pursued or troubled in this respect, for any reason whatsoever, in particular in the event of a violation of laws or regulations applicable to the Client's services. The Client declares that they have obtained all necessary authorizations regarding copyright, in particular from the copyright collecting societies that may be required. The Client undertakes to display on the web pages of their website the identity and address of the owner or author of the web pages, and to carry out all the procedures necessary for the creation of their website, in accordance with the French law in force.
Any failure by the Client to comply with the points above, whether concerning the site hosted on the Vitrine Facile platform or a redirection of their domain to such sites, and in particular any activity specifically prohibited from the Vitrine Facile Service and/or any content specifically prohibited on the Vitrine Facile Service and/or likely to incur civil and/or criminal liability and/or infringe the rights of a third party, will entitle Vitrine Facile to immediately interrupt the Client's services without notice or prior formal notice, and to terminate the contract immediately and automatically, without prejudice to any right to damages to which Vitrine Facile may be entitled. In such cases, the Client shall not be entitled to any refund from Vitrine Facile of sums already paid.
The Client undertakes to pay directly to the claimant any sum that the claimant would demand from Vitrine Facile. Furthermore, the Client undertakes to intervene, upon Vitrine Facile's request, in any proceedings brought against the latter, and to indemnify Vitrine Facile for all convictions that may be pronounced against it on that occasion. Consequently, the Client undertakes to take sole responsibility for any claim and/or proceedings, whatever their form, subject or nature, brought against Vitrine Facile and relating to the obligations imposed on the Client under this contract.
The Client, solely responsible for the content of the site, undertakes to bear at its own expense the defense of Vitrine Facile should the latter be the subject of a claim relating to the data, information, messages, etc., that it distributes, and to pay any compensation due for any damage possibly suffered, provided that it has full freedom to settle and conduct the proceedings.
The Client undertakes to put in place the backup measures necessary for the continuity of its activity.
7.2. The Client undertakes to keep a copy of the data transmitted.
ARTICLE 8: LIMITATIONS
The space intended for data storage (images, video, text, etc.) is currently 100 MB.
For emails, the capacity is 1 GB shared for 1 to 5 mailboxes. The size of attachments is limited to a maximum of 25 MB.
ARTICLE 9: DURATION
The subscription to the service is granted for a period of 1 year and is tacitly renewed. To terminate it, you simply need to send us a registered letter with acknowledgment of receipt to that effect, to the following address: M. Anquetil - 6, rue de la Libération, 22550 Hénanbihen, at least two months before the due date.
If, upon reading these special conditions, the Client has any questions, they may contact Vitrine Facile at the following address: M. Anquetil - 6, rue de la Libération, 22550 Hénanbihen, or use our contact form.