GENERAL CONDITIONS OF SALE ACCOMMODATION SERVICE
This contract is concluded between Novatis company registered in the Tunis Trade Register under number B03153752015, having the tax number n ° 1414359 / M / A / M / 000, hereinafter called Novahoster and the CUSTOMER for the provision of a email marketing solution and related services marketed through its site www.novahoster.tn. Novatis reserves the right to modify this agreement at any time and to communicate the modifications by publishing the new conditions on the site and / or by sending information to the CUSTOMER’s e-mail address.
YOU ARE RESPONSIBLE FOR THE REGULAR CONSULTATION OF THE NovaHoster SITE TO BE INFORMED IN REAL TIME OF ALL CHANGES THAT MAY OCCUR ON THE OFFER AND THE SALES CONDITIONS. THE CONTINUING OPERATION OF THE SERVICES AFTER THE PUBLISHED AND / OR TRANSMITTED MODIFICATIONS WILL CONSIST OF FACTO ACCEPTANCE OF THE NEW CONDITIONS.
The updated version can be viewed by clicking on the “Conditions of Sale” link located on the website.
You may also have a written and signed agreement which, in conjunction with the “Terms of Sale” and the policies of this agreement, contains the entire agreement between you and Novahoster. Additional terms in this written agreement supersede the terms in this document.
1. SCOPE OF APPLICATION AND CONCLUSION OF THE CONTRACT
These general conditions relate to the offer and services offered by Novahoster.com.
The offer is without engagement. By its acceptance (written or electronic) or by the use of the service, the client (hereinafter the client) accepts the general conditions, including the other integral parts (in particular the rules of conduct, the price list and payment conditions) of the contract with Novahoster.com.
2. SERVICES AND RIGHTS OF NOVAHOSTER.COM
2.1. Novahoster.com offers the service of Internet hosting and sale of domain names under the conditions of the hosting formula ordered. Novahoster.com provides the operating services it has available. Novahoster.com may use third parties to provide the service.
2.2. Novahoster.com may adapt the provision of service for factual reasons. Changes in the service provision come into effect by informing the customer by letter, e-mail or by other suitable means. Customers approve the version, valid at a given time, by using the service provided. Article 4.3 is applicable for price increases.
2.3. If a competent authority denounces the illegal use of the service provided by Novahoster.com, if such use is obvious or if there is a relevant suspicion of such use, in particular on the basis of the indication d ‘a third party, then Novahoster.com may compel the customer to use in accordance with the contract,
suspend the provision of 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 illegal use of the service or at the time of 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 at the expense of the customer. This domain name becomes the property of the customer upon payment to Novahoster.com of the costs related to its registration, its annual maintenance and its commissioning.
3. RESPONSIBILITY AND OBLIGATIONS OF THE CLIENT
3.1. The customer is responsible for the information (language, images, sounds, computer programs, databases, audio / video file, etc.) that he and third parties who communicate with him, have transmitted or used by Novahoster.com with his agreement, which they have distributed or which they keep ready for consultation. The customer is also responsible for references (in particular links) to such information.
3.2. Putting online or installing redirect scripts to illicit information (in particular representations of violence, pornography, discrimination, calls to violence or crimes, games of chance, violation of rights of authors, trademarks or other intangible property rights, personality violations, unsolicited mass emissions etc.) as well as molestations are prohibited. The customer recognizes the rules of conduct, the general conditions and the provisions of use which are communicated in an appropriate manner by Novahoster.com (in particular on the Internet site Novahoster.com or by email). The customer must observe the netlets.
3.3. The customer agrees not to use its shared hosting space for mass audio and / or video streaming.
3.4. Tunisian and foreign legal prescriptions must be observed 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 client, the client acknowledges the contractual conditions of the registrar which is responsible for assigning the domain name. The customer has no claim against Novahoster.com in connection with the acquisition of domain names. In no case Novahoster.com is not responsible for the registration in on-line or off-line directories and in the list of members … etc. The customer bears the registration costs.
3.7. The customer shall ensure that the user identification and password are not known to other people and that information on this subject is not made accessible.
3.8. The customer agrees not to send mass emails to people who have not requested them (“Junk mail” or “Spamming”). Any sending of unsolicited email by their recipients is strictly prohibited. A spamming complaint from a user will result in the suspension of the hosting contract. This also includes SPAM carried out via a badly configured script present on the client’s website and thus allowing access to its functionalities from outside the server.
3.9. The Customer has the possibility of creating and executing his dynamic scripts (PHP, MySQL…) on his own hosting space. This use must be reasonable, however, in order to provide good quality service, we reserve the right to suspend sites using scripts that take too large a percentage of system resources and thus jeopardize the proper functioning of the hosting server.
4. INVOICING AND PAYMENT CONDITIONS
4.1. The payment obligation begins with the commissioning, i.e. with the release of the access connection.
4.2. In the event of delay in 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 termination period. Without written termination during this period, the modifications are considered to have been accepted by the client.
4.4. Payment is made by: transfer, check, bank card or cash
4.5. NovaHoster invoices the Customer for commissioning fees for any new server order. These costs correspond in particular to the server configuration costs according to the operating system chosen by the Customer
5. GUARANTEE AND RESPONSIBILITY
5.1. Novahoster.com Guarantee and Liability
5.1.1. Novahoster.com does not provide a guarantee for the functioning without disturbance of the service provision. Novahoster.com cannot guarantee uninterrupted service, service at a specific time and the quality of the data recorded and transmitted. Novahoster.com is not responsible for the inadvertent publication of data or their deterioration or erasure.
5.1.2. Novahoster.com is not responsible for claims or damages that arise from the client or the latter’s client, in particular for damages due to loss of data, or due to the impossibility of obtaining the Internet access, or to send or receive information.
5.1.3. Novahoster.com cannot be held responsible for fraudulent use and damage by third parties, for security defects in the telecommunications network and the Internet, and for the costs of repair and support services.
5.1.4. Novahoster.com is not responsible for interruptions in operation which are used to repair faults, maintenance, the introduction of new technologies or similar purposes.
5.2. Customer warranty and liability
5.2.1. The customer is responsible vis-à-vis 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 organ, a manager or a collaborator of Novahoster.com was prosecuted criminally, civilly or administratively for the illicitness of the information proposed by the customer and / or that one asks them for accounts, the customer is then responsible for the damage. Claims for moral damages are reserved.
5.3. Novahoster.com is only held for the performance of its obligations insofar as no force majeure event hinders them.
6. PROTECTION, PUBLICATION AND SECURITY OF DATA
6.1. When processing personal data, Novahoster.com complies with Tunisian data protection and telecommunications law.
6.2. Novahoster.com reserves the right to make the identity of the client known at the request of third parties and to compel the client to disclose his identity when he appears on the Internet.
6.3. Novahoster.com may transmit customer data to third parties who have been selected for billing and collection.
6.4. Novahoster.com strives to take economically bearable, technically possible and proportional measures to guarantee the provision of service. The following data protection risks exist in particular for the customer when using the Internet: e-mails sent without a code can be read, modified, retained or delayed by unauthorized persons.
Senders can be falsified. Contributions to discussion groups, forums and chats can be forged, falsified and exploited by third parties. 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 held to indications in conformity with the truth.
6.6. The customer approves that his data made personal vis-à-vis Novahoster.com can be used by Novahoster.com for marketing purposes for services or products of Novahoster.com, or by selected partners, and that ‘Novahoster.com makes the customer attentive to interesting offers. Personal data is treated confidentially.
7. DURATION AND PAYMENT
NovaHoster contracts are signed for a minimum duration specified when ordering.
The sum due for the services provided is payable in advance by the means of payment made available to the customer: bank check, bank card and bank transfer.
NovaHoster however reserves the right to immediately pass on any new tax or any increase in the rate of existing taxes.
Any incident and / or delay in payment will automatically entail the application of a compensation for delay after formal notice equal to 10% of the sums due, penalties for delay equal to 1.5 times the legal interest rate in force.
NovaHoster reserves the right to close access to its various services, as well as to interrupt the publication of the client’s website from the first day of late payment, these being suspended until full payment by the client.
The customer is expressly informed and accepts that the hosted data will be deleted from the subscribed service 30 days after the expiry date visible on https://client.novahoster.com/. The service will then be recycled. It is therefore up to the customer to make all the necessary backups.
The customer can request faster destruction of the data by making the request to NovaHoster.
The customer can request confirmation of the destruction of their data on request from NovaHoster.
The parties treat confidentially all information which is not known to everyone, nor accessible to everyone. If in doubt, the information should be treated confidentially. This obligation to keep secret already exists before the conclusion of the contract and lasts beyond the end of the contract.
9. DURATION OF THE CONTRACT AND TERMINATION
9.1. The contract binding the client to Novahoster.com can be terminated in writing by each party with a period of 30 days for the end of the minimum duration of the contract of three months.
9.2. Novahoster.com can terminate the contract with immediate effect if bankruptcy or insolvency proceedings have been initiated against the client