Hosting Terms and Conditions

Preamble

The web agency Axel REGNOULT is a sole-trader business specializing in digital services. It covers: website design; SEO and search-engine ranking; website hosting; application development; graphic design; web actions; training.

The Hosting Terms and Conditions govern relations between the sole trader Axel REGNOULT and the client. The registered office of Axel REGNOULT is located at 128 rue de la Boétie, 75008 Paris 8, France, exempted from registration with the Trade and Companies Register (RCS) and the Trades Register (RM), under SIREN number 895 214 989. ("VAT not applicable, art. 293 B of the French General Tax Code.")

Article 1 — Scope

In the absence of specific written provisions, placing an order (via "Read and approved, Good for agreement" preceding the client's signature on a quote, or via "Purchase Order") implies the client's full and unreserved acceptance of these Hosting Terms and Conditions. They are accessible at any time on the website of Axel REGNOULT and shall prevail, where applicable, over any other version and over the client's own purchasing terms. Any clause to the contrary is deemed unwritten. The applicable Hosting Terms are those in force on the day the order is validated.

Article 2 — Definitions

For the purposes of this document, each of the expressions mentioned below shall have the meaning assigned to it as follows:

• Provider: refers to the sole trader Axel REGNOULT, registered under SIREN number 895 214 989, whose registered office is established at 128 rue de la Boétie, 75008 Paris 8, France.
• Client: refers to any natural person or legal entity who signs a quote preceded by the words "Good for agreement" in paper format received by postal or electronic mail, whether acting in a professional capacity (B2B) or as a consumer (B2C).
• Consumer (B2C): unknown natural person acting for purposes which do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity (preliminary article of the French Consumer Code).
• Professional (B2B): unknown natural or legal person acting for purposes falling within the scope of his commercial, industrial, craft, liberal or agricultural activity.
• Project: refers to all services and deliverables of any nature carried out by Axel REGNOULT on behalf of the client.

Article 3 — Use of the hosting account

In the interest of our clients and out of concern for service quality, we require compliance with the following rules:

3.1 Normal use of the service

The client must use Axel REGNOULT's services in compliance with legal rules. The client must use their account to use and store the data associated with their domain name. They may not resell or transfer all or part of the space associated with their domain name.

3.2 Use of email

"Spamming" (mass and unsolicited email) consumes resources. This practice is therefore prohibited on Axel REGNOULT's servers. It is also prohibited to promote, by spamming, a site hosted on a server in the Axel REGNOULT network, even if the emails are sent from machines outside the Axel REGNOULT network.

In such a case, Axel REGNOULT reserves the right to suspend and/or terminate a client's account immediately and without prior notice.

3.3 Intellectual property, breach of French legislation

Axel REGNOULT has legal and ethical responsibility regarding the use of its IT equipment. Accordingly, the transmission, distribution or storage of data in violation of laws and regulations in force is prohibited. This includes, in particular, the unauthorized use of data protected by intellectual property, copyright, trademark, etc. The transmission, distribution or storage of pornographic, racist or profane data, or data infringing morality and good morals, is also prohibited. The client specifically agrees not to hold Axel REGNOULT liable in any way in case of policy non-compliance or misuse of the service.

Axel REGNOULT reserves the right, at any time and without notice, to take offline any content it deems non-compliant with French or international laws or netiquette.

3.4 License of use

All software, regardless of its presentation or designation, is considered an intellectual creation and remains the entire property of Axel REGNOULT and/or its partners. Only a personal, non-exclusive right of use is granted to the client in exchange for compensation flat-fee included in the price paid. In accordance with the French Intellectual Property Code, the client may not in any case copy, reproduce, represent, distribute, modify, adapt, translate or transcribe all or part of the software.

3.5 Information and freedom

Axel REGNOULT undertakes not to disclose to third parties information that is by its nature confidential and that is communicated by the client. In application of the French Data Protection Act of 6 January 1978, every client has the right to access, rectify, modify or delete the data concerning them. To exercise this right, send your request to:

• Email: legal@web-agency.app
• Postal mail: Axel REGNOULT, 128 rue de la Boétie, 75008 Paris 8, France

3.6 Technical support

Axel REGNOULT undertakes to take all reasonable care in providing available and competent technical support. However, the client agrees to bear, within reason, temporary unavailability of technical support.

3.7 Network security

Breaching the security of an IT system or network is prohibited. If such an event occurs, Axel REGNOULT reserves the right to disclose, to the competent authorities, the result of any prior investigation, and to suspend and/or terminate the client's account immediately and without prior notice.

3.8 Use of e-commerce plans

E-commerce aims at allowing online contract conclusion between the service client and their own clients. The user of the service undertakes to comply with applicable law, in particular regarding distance sales, and to securely keep any identification, password or other confidential information relating to their account.

3.9 File types

Axel REGNOULT's servers are optimized for website hosting and allow the hosting of files of the following types: html, php, xml, txt, gif, jpg, png, swf, and more generally any text or image file (excluding video and audio files). They are not intended for storage, document backup, or video and audio hosting that requires the use of streaming servers.

Article 4 — Obligations of Axel REGNOULT

Axel REGNOULT undertakes to apply all necessary care and diligence in providing a quality service in accordance with industry practices and the state of the art. Axel REGNOULT is bound only by an obligation of means.

Article 5 — Liability of Axel REGNOULT

The liability of Axel REGNOULT shall not be incurred:

If the performance of the contract is prevented, limited or disturbed by a Force Majeure Event (within the meaning of article 1218 of the French Civil Code: fire, explosion, failure of transmission networks, earthquake, flood, power outage, war, embargo, governmental law or order, strike, pandemic, cloud provider failure, etc.), then Axel REGNOULT, subject to prompt notification to the client, will be exempt from the performance of its obligations within the limits of such impediment. If the effects of a Force Majeure Event last more than 60 days, either party may terminate the contract by operation of law without right to compensation.

Or due to the client's actions, in particular in the following cases:

• Damage to the application
• Misuse of the terminals by the client or by their customers, fault, negligence, omission or default on their part
• Disclosure or unlawful use of the password given confidentially to the client
• Fault, negligence or omission of a third party over which Axel REGNOULT has no control or supervision
• Request to interrupt the service temporarily or definitively from a competent administrative or judicial authority
• Partial or total destruction of information transmitted or stored as a result of errors directly or indirectly attributable to the client

Article 6 — Obligations and liabilities of the client

The client undertakes to have the power, authority and capacity necessary to enter into and perform the obligations set out herein.

The client is solely and exclusively responsible for the passwords required to use their service. Axel REGNOULT disclaims any liability for any unlawful or fraudulent use of the passwords provided to the client.

The client undertakes to comply with all legal and regulatory requirements in force, and in particular those relating to IT, files, freedoms and intellectual property, as well as the rights of third parties.

The client undertakes to inform Axel REGNOULT within 48 hours of any change in their situation, and within 24 hours of any possible loss of passwords.

Article 7 — Pricing — payment — service activation

7.1 Pricing and VAT

The services or deliverables ordered are mentioned in the purchase order. Prices are stated in euros all taxes included (TTC). As the provider is a sole trader benefiting from the VAT exemption scheme (art. 293 B of the French General Tax Code), the TTC price equals the HT (excluding tax) price and the wording "VAT not applicable, art. 293 B of the French General Tax Code" appears on invoices. Prices are payable in advance. Axel REGNOULT reserves the right to modify its prices at any time, provided it informs the client by email one month in advance. In such a case, the client shall have one month to terminate this contract without penalty.

Professional clients established in the European Union (outside France): reverse charge of VAT by the recipient — mandatory wording on the invoice "Reverse charge — VAT due by the recipient, art. 196 of Directive 2006/112/EC". Clients established outside the EU: service outside the scope of French VAT (art. 259-1° of the French General Tax Code) — the client is solely responsible for any VAT declaration in his country.

7.2 Payment

The client is solely responsible for the payment of all sums due. Total or partial failure to pay on the due date will result, by operation of law and without prior formal notice, in:

• The immediate payability of all sums remaining due by the client
• The suspension of all current services, without prejudice to Axel REGNOULT's right to terminate the contract
• The impossibility of subscribing to new services or renewing them
• For professional (B2B) clients: penalties at the annual rate of 3 times the legal interest rate in force, payable without reminder from the day following the due date, plus a fixed indemnity for recovery costs of €40 (art. L.441-10 and D.441-5 of the French Commercial Code)

Accepted payment methods are: bank transfer (SEPA free of charge within the European Union), credit card (VISA, MasterCard, American Express) or PayPal to the Axelo PayPal account, as well as bank cheque. Cash is accepted within the limit of €1,000 per invoice (see service-public.fr/F10999). Subscription payments are made annually, at the start of the period.

7.3 Service activation

The client's hosting is activated within 24 to 48 working hours of receipt of payment.

Article 8 — Term — renewal and termination of the contract

For the purchase of a hosting plan, the contract has a duration of one year and takes effect from the date of activation of the account. Axel REGNOULT will notify the client by email one month before expiry of the obligation to pay the price for renewal of the service.

Consumer client (B2C) — Chatel Law. In accordance with articles L.215-1 et seq. of the French Consumer Code, when a fixed-term contract is tacitly renewable, Axel REGNOULT will inform the consumer client, in writing, at the earliest three months and at the latest one month before the end of the period authorising the rejection of the renewal, of the possibility of not renewing the contract. The consumer client may then terminate the contract free of charge at any time as from the renewal date.

The client is expressly informed that, in the event of non-payment, the service will be immediately suspended on its expiry date, and a 48-hour period will be granted to the client to retrieve the hosted data. Upon expiry of this period, all data will be erased by Axel REGNOULT and the service recycled.

The contract may be terminated by the client at the end of the term by registered letter or email with acknowledgement of receipt one month before the anniversary date. For early termination at the client's initiative, the client shall not be entitled to the reimbursement of sums already paid, except in the case of breach attributable to the provider (proven default), in which case a pro-rata reimbursement of unperformed services will be carried out.

Article 9 — Domain name

9.1 General

The owner of the domain name is the client mentioned in the subscription form. The sole trader Axel REGNOULT has no rights over this domain name and undertakes to provide the client with all the elements necessary for its management, in particular during a possible hosting transfer. Axel REGNOULT is bound in this respect only to an obligation of means.

9.2 .fr .re domain names and other extensions managed by AFNIC

The registration of these domain names is subject to the application of a naming charter available from AFNIC.

Article 10 — Operating conditions

The client acknowledges that fluctuations in bandwidth and the contingencies of the access provider are factors that may cause discontinuity in the services offered by Axel REGNOULT, and are external to its technical means.

The service is restricted, limited or suspended by operation of law by Axel REGNOULT if the client uses the services for an activity not in compliance with these terms and conditions, upon notification by a competent authority, or if the contact details indicated in the client account appear false, inaccurate or out of date.

Article 11 — Client information and service compliance

The client acknowledges having verified the suitability of the equipment and service to their needs, and having received from Axel REGNOULT all the information and advice they needed to subscribe to this commitment with full knowledge.

Axel REGNOULT reserves the right to control compliance with the service's terms of use.

Article 12 — Right of withdrawal

In accordance with article L.221-18 of the French Consumer Code, the consumer client has a right of withdrawal of 14 (fourteen) days from the conclusion of the contract, giving rise to the reimbursement of sums already paid as soon as possible and at the latest 14 (fourteen) days after the date the right of withdrawal is exercised.

This right of withdrawal is exercised by registered letter sent to Axel REGNOULT, 128 rue de la Boétie, 75008 Paris 8, France, or by email to legal@web-agency.app. Any request that does not comply with the legal deadline will not be considered.

Sample withdrawal form

(To be completed and returned only if you wish to withdraw from the contract)

To Axel REGNOULT, 128 rue de la Boétie, 75008 Paris, France / legal@web-agency.app:

I hereby notify my withdrawal from the contract for the hosting service below:

• Service ordered on:
• Consumer name:
• Consumer address:
• Signature (if sent on paper):
• Date:

Article 13 — Modification

The general and particular conditions online prevail over the printed general and particular conditions. The parties agree that Axel REGNOULT may, by operation of law, modify its service without any other formality than informing the client by an online notice and/or making changes to the general conditions online. In such a case, the client may terminate the contract within thirty days from the entry into force of these modifications.

Article 14 — General provisions

The nullity of one of the clauses of the contract shall not entail the nullity of the other clauses, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the canceled provision with a valid provision corresponding to the spirit and purpose of the contractual conditions.

14.1 Communications

For any exchange of information by email, the date and time of the Axel REGNOULT server shall prevail between the parties. All notifications, communications and formal notices shall be deemed validly delivered if sent by registered letter with acknowledgement of receipt to: Axel REGNOULT, 128 rue de la Boétie, 75008 Paris 8, France.

14.2 Advertising and promotion

Axel REGNOULT may, on the occasion of advertisements, events, conferences and specialized publications, refer to the services provided to the client, as well as on its commercial documents and/or its brochure.

Article 15 — Applicable law — jurisdiction

15.1 This contract is governed by French law, both for substantive rules and for formal rules.

15.2 — Consumer clients (B2C). In accordance with article R.631-3 of the French Consumer Code, the consumer client may bring proceedings, at his choice, either before one of the courts having territorial jurisdiction under the French Code of Civil Procedure, or before the court of the place where he resided at the time of the conclusion of the contract or of the occurrence of the harmful event. Prior recourse to the consumer mediator provided for in article 14.3 is encouraged.

Article 16 — Service availability and backups

16.1 — Obligation of means. Axel REGNOULT implements reasonable means to ensure the continuity of the hosting service, without however undertaking a contractual obligation of result on availability ("SLA"). The service is provided on a "best effort" basis on the Google Cloud Platform / Firebase Hosting infrastructure in the europe-west4 region.

16.2 — Scheduled interruptions. Service interruptions for planned maintenance are, as far as possible, notified to the client at least 48 hours in advance by email.

16.3 — Backups. Axel REGNOULT performs daily automatic backups of the hosted data, kept for 30 days, with a view to recovery after a technical incident. These backups cannot replace the client's own backups, which remain under the sole responsibility of the client. It is expressly recommended that the client implement an independent backup strategy.

Article 17 — Post-delivery warranty and limitation of liability

17.1 — Corrective warranty. For 60 days from the activation of the hosting account, Axel REGNOULT corrects free of charge any blocking anomalies (rendering the service unusable) attributable to the provider, reported in writing to legal@web-agency.app.

17.2 — B2B limitation of liability. For professional clients, the contractual liability of Axel REGNOULT is capped at the amounts actually paid by the client over the last 12 months of the hosting contract. Indirect damages (loss of data, loss of profits, damage to image) are excluded, except in case of gross or wilful misconduct.

17.3 — B2C limitation of liability. For consumer clients, the limitations in 17.2 do not apply within the limits of public-policy legal warranties (conformity, hidden defects, art. L.224-25-12 et seq. and 1641 et seq. of the French Civil Code).

Article 18 — Assignment of the contract and subcontracting

18.1 — Intuitu personae. This contract is concluded in consideration of the persons of the provider and the client.

18.2 — Assignment to a third party. Any assignment, transmission or transfer of this contract to a third party (in particular in the event of sale of business, merger, demerger, or change of control) is subject to the prior written agreement of the other party, which may not be refused without legitimate reason. By way of exception, in the event of the total sale of Axelo's business to a successor carrying on the same activity, the assignment shall operate by operation of law subject to prior written notification to the client at least 30 days before the assignment, the client retaining the right to refuse this assignment in writing within this period (termination without penalty).

18.3 — Subcontracting. The use by Axel REGNOULT of subcontractors or partners (cloud providers, domain name registrars, payment service providers, etc.) does not constitute an assignment of the contract and is not subject to the client's agreement, provided that Axel REGNOULT retains full contractual liability towards the client.

Article 19 — Personal data, GDPR and incident notification

19.1 — GDPR regime. In the context of the provision of the hosting service, Axel REGNOULT may process personal data on behalf of the client, as a processor within the meaning of article 28 of the GDPR. A DPA (Data Processing Agreement) addendum may be attached on request from the client before start. The general processing terms are set out in the Privacy Policy.

19.2 — Notification of a security incident. In accordance with articles 33 and 34 of the GDPR, in the event of a personal data breach likely to result in a risk to the rights and freedoms of the data subjects, Axel REGNOULT notifies the breach to the CNIL within 72 hours after becoming aware of it and informs the client (data controller) without undue delay. If the risk is high, the data subjects shall be informed as soon as possible.