General Terms of Sale : Hosting Services
The present contract is concluded between the company Novatis registered at the Register of Commerce of Tunis under the number B03153752015, having the tax number n ° 1414359 / M / A / M / 000, hereinafter denominated Novahoster and the CLIENT for the provision of an e-mail marketing solution and related services marketed through its website www.novahoster.tn. The company Novatis reserves the right to modify this agreement at any time and to communicate the modifications by publishing the new terms on the website and / or sending the information to the e-mail address of the CLIENT.
YOU ARE RESPONSIBLE FOR THE REGULAR CONSULTATION OF THE NovaHoster WEBSITE TO BE INFORMED IN REAL TIME OF ALL CHANGES THAT MAY OCCUR ON THE OFFER AND TERMS OF SALES. THE CONTINUATION OF THE OPERATION OF THE SERVICES AFTER THE PUBLICATION AND / OR THE TRANSMISSION OF THE MODIFICATIONS MADE WILL CONSIST IN THE ACCEPTANCE OF THE NEW TERMS.
The updated version can be consulted by clicking on the link “Terms of Sale” located on the website.
You may also have a written and signed agreement which, in connection with the “Terms of Sale” and the policies of this Agreement, contains the complete agreement between you and Novahoster. The additional terms of this written agreement supersede the terms of this document.
1. scope, contract conclusion
These terms and conditions relate to the offer and services provided by Novahoster.com.
The offer is without commitment. By its acceptance (written or electronic) or by the use of the service, the customer accepts the general conditions, including the other integral parts (in particular the rules of conduct, the price list and the terms of payment) of the contract with Novahoster.com.
2. Services and rights of Novahoster.com
2.1. Novahoster.com offers the web hosting service and domain name sales under the terms of the web hosting package ordered. Novahoster.com provides the services in the operating environment it has available. Novahoster.com may use third parties to provide the service.
2.2. Novahoster.com can adapt the service for reasons of fact. Changes to the service provision come into effect by informing the customer by letter, e-mail or other suitable means. Customers approve the version, valid at a given time, through the use of the service delivery. Article 4.3 is applicable for price increases.
2.3. If a competent authority denounces the illegal use of the service by Novahoster.com, if such use is obvious or if there is a relevant suspicion of such use, especially on the basis of the indication of a third party, then Novahoster.com may require the customer to use the service in accordance with the contract, suspend the service for an indefinite period and / or terminate the contract with immediate effect and without compensation. Other measures of Novahoster.com in the case of the illegal use of the service provision or at a similar suspicion are reserved. Novahoster.com can take the same measures when the customer does not take into account the contractual provisions.
2.4. Novahoster.com acquires an Internet domain name at the request and charge of the customer. This domain name becomes the property of the customer upon payment to Novahoster.com of the costs related to its registration, annual maintenance and commissioning.
3. Liability and obligations of the client
3.1. The customer is responsible for the information (language, images, sounds, computer programs, data banks, audio / video file etc.) that he and the third parties who communicate with him, forward or exploit by Novahoster.com with his agreement they have it broadcast or that they are ready for consultation. The customer is also responsible for referrals (especially links) to such information.
3.2. The posting or installation of redirection scripts to illegal information (in particular representations of violence, pornography, discrimination, calls for violence or offenses, gambling, violation of rights of authors, trademark rights or other rights of immaterial property, personality violations, unsolicited mass emissions, etc.) and molestation are prohibited. The customer acknowledges the rules of conduct, the general conditions and the provisions of use that are communicated appropriately by Novahoster.com (in particular on the website Novahoster.com or by email). The customer must observe the netiquettes.
3.3. The customer agrees to not use his shared hosting space for streaming audio and / or video in bulk.
3.4. Tunisian and foreign legal requirements must be considered when using the service.
3.5. The customer is responsible for putting the information into service.
3.6. If Novahoster.com registers an Internet domain name for the customer, the latter acknowledges the contractual terms and conditions of the registrar who is responsible for assigning the domain name. The customer has no claim against Novahoster.com in connection with the acquisition of domain names. In any case Novahoster.com is not responsible for the registration in directories on-line or off-line and in the list of members … etc. The customer bears the registration fees.
3.7. The customer makes sure that the user identification and password are not known to other people and that the information on this subject is not made accessible.
3.8. The customer agrees to not send mass emails to people who have not made the request (“Junk mail” or “Spamming”). Any sending of unsolicited e-mail by their recipients is strictly prohibited. A complaint for spamming by a user will result in the suspension of the hosting contract. It also includes SPAM through a misconfigured script on the client’s website and allowing access to its features from outside the server.
3.9. The Customer has the possibility to create and execute his dynamic scripts (PHP, MySQL …) on his own hosting space. This use must be reasonable, however, in order to provide a good quality service, we reserve the right to suspend websites using scripts that take up too much system resources and thereby jeopardize the proper functioning of the web hosting server.
4. Billing and payment terms
4.1. The obligation to pay starts with the commissioning, that is with the release of the connection to the access.
4.2. Upon late payment, Novahoster.com may suspend the operation of the service and / or terminate the contract with immediate effect and without compensation.
4.3. Novahoster.com reserves the right to change prices at any time. Novahoster.com announces any price increases in time, so that the customer can dissolve the contract during the cancellation period. Without written cancellation during this period, the modifications are considered as accepted by the customer.
4.4. Payment is made by bank transfer or check.
5. Warranty and liability
5.1. Warranty and liability of Novahoster.com
5.1.1. Novahoster.com does not provide a guarantee for the operation without inconvenience of the service provision. Novahoster.com can not guarantee the uninterrupted service, the service at a specific moment and the quality of the data recorded and transmitted. Novahoster.com is not responsible for the inadvertent publication of data as well as for its deterioration or erasure.
5.1.2. Novahoster.com is not responsible for claims or damages that arise at the customer’s or his customer, especially for damages due to data loss, or because of the impossibility of obtaining access to the Internet, or to send information or to receive it.
5.1.3. Novahoster.com can not be held responsible for fraudulent use and third party damages, for security breaches of the telecommunications network and the Internet, and for the costs of repair and support services.
5.1.4. Novahoster.com is not responsible for business interruptions that are used to troubleshoot, maintain , introduce new technologies, or for similar purposes.
5.2. Customer’s warranty and liability
5.2.1. The customer is responsible to Novahoster.com for all damages that relate to the violation of its responsibility and its contractual obligations.
5.2.2. If Novahoster.com, a member, a manager or a collaborator of Novahoster.com was prosecuted criminally, civilly or administratively for the wrongfulness of the information proposed by the customer and / or that they are asked for accounts, the customer is then responsible for the damage. Claims for moral damages are reserved.
5.3. Novahoster.com is only liable for the performance of its obligations to the extent that no event of force majeure hinders them.
6. Protection, publication and data security
6.1. When processing personal data, Novahoster.com complies with the Tunisian law of data protection and telecommunications.
6.2. Novahoster.com reserves the right to publish the identity of the customer at the request of third parties and to oblige the customer to disclose his identity in his appearance on the Internet.
6.3. Novahoster.com may transmit customer data to third parties who have been selected for billing and cashing purposes.
6.4. Novahoster.com strives to take economically bearable, technically possible and proportional measures to guarantee the service delivery. When using the internet, the following data protection risks exist especially for the customer: e-mails sent without code can be read, modified, retained or delayed by unauthorized persons. Senders can be falsified. Contributions to newsgroups, forums and chats may be counterfeited, falsified and exploited by others. Third parties may possibly monitor the use of the World Wide Web (www) and discover usernames and passwords. Data coding improves the confidentiality and reliability of information.
6.5. During any commercial contact with Novahoster.com, the customer is bound to truthful indications.
6.6. The customer agrees that his data made personal to Novahoster.com may be used by Novahoster.com for marketing purposes for services or Novahoster.com’s products, or by selected partners, and that Novahoster.com makes the customer attentive to interesting offers. Personal data is treated confidentially.
The parties treat confidentially all information that is not known to everyone, nor accessible to everyone. When in doubt, the information must be treated confidentially. This obligation to maintain secrecy already exists before the conclusion of the contract and lasts beyond the end of the contract.
8. Terms of Contract and Termination
8.1. The contract binding the customer to Novahoster.com may be terminated in writing by each party with a period of 30 days before the end of the minimum contract period of three months.
8.2. Novahoster.com may terminate the agreement with immediate effect if a bankruptcy or a case of insolvency has been made against the client.