Signing the order form, and signing that these general terms and conditions have been read, implies unreserved acceptance of these general terms and conditions, which apply regardless of the options, the plan taken out and the methods used for opening the hosting.
PREAMBLE - DEFINITIONS
- « Client » : Any physical person or legal entity that has signed these general terms and conditions and is responsible for one or more websites hosted by YourShop enjoying shared or dedicated resources.
- « Hosting » : Technical resources and means made available to the client enabling him to publish and operate one or more websites.
- « Server » : Master computer controlling certain accesses and certain resources on the network.
ARTICLE 1 - OBJECT
- 1.1 - YourShop provides a website hosting service (shop window) on a platform (shop), a service that comprises categories known respectively as « Budget Plan », « Professional Plan » and « Business Plan », as well as various options.
- 1.2 - A description of all these plans and options is delivered to the client and may be consulted online on the YourShop website at http://YourShop.com/.
- 1.3 - The purpose of this contract is to enable the client to put a website belonging to him online on the Internet networks, on his own responsibility, in order to carry out transactions with Internet users who do not have legal relations with YourShop.
- 1.4 - YourShop exclusively makes technical resources available to the client and is not responsible for preparing the client's "billboard", unless expressly agreed otherwise.
- 1.5 - YourShop retains ownership of the web server in its capacity as author and all the prerogatives attached thereto such as source codes, accesses and passwords. Consequently, the host retains ownership of the technical infrastructure that it makes available and the concluded contract does not transfer any real or intangible right to the client.
ARTICLE 2 - ACCESS TO SERVER
- 2.1 - YourShop undertakes to do all it can to ensure the permanence, continuity and quality of the services it offers and as such subscribes to an obligation to use all reasonable means; consequently, YourShop shall endeavour to provide access 24 hours a day, seven days a week.
- 2.2 - YourShop reserves the right, however, to suspend access to servers on an exceptional and temporary basis to carry out any maintenance or improvement works with a view to ensuring the proper functioning of its services.
ARTICLE 3 - ASSISTANCE
- YourShop provides the client with technical assistance by e-mail and other services according to the chosen option (fill-in service).
ARTICLE 4 - PRICES OF SERVICES, INVOICING, PAYMENT
- 4.1 - Rental prices and prices of services offered are those stated on the order form; they are inclusive of all taxes and payable in CHF, in advance and by Internet (PayPal) for both fixed and variable charges. The initial fixed charge is determined for a seven day, quarterly, six-monthly or annual period depending on the option chosen by the client on the order form.
- 4.2 - The total initial amount must cover charges for the period determined by the option chosen and also an advance covering any variable charges contemplated.
- 4.3 - The client undertakes to pay funds into his account in order to cover fixed and variable charges.
- 4.4 - Subsequent fixed charges are payable on the first day of the month of the period in question while variable charges are payable upon performance of the service to which they refer.
- 4.5 - Rental prices paid in advance are guaranteed for the period in question. There is no rental increase during this period.
- 4.6 - Any payment delay and/or failure to pay by the due date shall give rise to suspension of the services following our reminders.
- 4.7 - YourShop reserves the right to amend its prices at any time subject to three months' notice and the situation set out in article 4.5.
- 4.8 - If this amendment is refused, YourShop may terminate the contract without delay. Failing this, the new rates shall be deemed to have been accepted irrevocably and shall be applied to invoices following expiry of three months' notice.
- 4.9 - YourShop reserves the right to pass on, without delay, any new tax or any increase in the rate of existing taxes.
ARTICLE 5 - CLIENT'S OBLIGATION
- 5.1 - SPAM (i.e. the sending of e-mails in bulk to persons who have not asked to receive them) is totally prohibited. The moment such activity is reported, the contract is suspended in accordance with article 12.
- 5.2 - The client may create and execute his own operations, on his own account, within the agreed framework. The client undertakes to use his shop window to carry out transactions. So that it can provide a high-quality service, YourShop reserves the right to stop the performance of certain contracts if they take up too much power on the server in relation to the marketing objective sought or if the client is not aiming to conduct commercial transactions with Internet users.
- 5.3 - Sites offering audio and/or audiovisual programs for downloading must be authorized in advance by YourShop, which shall take account of the power required and the objective pursued by the clients of the platform (shop), namely seeking commercial transactions presented on the website belonging to the client (shop window).
- 5.4 - The client undertakes to respect Swiss and international laws particularly as regards defamation, invasion of privacy, offences against public decency, protection of children, pornography or information of a violent, xenophobic or racist nature and particularly as regards paedophilia, racial hatred and attempts to justify crimes against humanity. Otherwise, YourShop, if it becomes aware thereof, shall be obliged to inform the competent public authorities.
The client also undertakes not to have his domain redirected to sites of this type.
- 5.5 - The client undertakes to ensure that the content of sites respects third-party intellectual property rights.
ARTICLE 6 - INFORMATION PROVIDED TO CLIENT
- The client recognizes that he has verified the suitability of the service for his needs and has received from YourShop all the information and advice necessary to him to subscribe to this undertaking with full knowledge of the facts.
ARTICLE 7 - YOURSHOP'S OBLIGATION
- YourShop undertakes to take every care necessary for the provision of a quality service in accordance with professional practice. It is subject only to an obligation to use its best endeavours.
ARTICLE 8 - LIABILITY
- 8.1 - YourShop shall not be liable for the unsuitability of the services that it provides for the specific objectives that the client may contemplate or pursue, since before any decision the client has access not only to information put online at http://YourShop.com/ but also to YourShop's technical department.
- 8.2 - On no account shall YourShop be held liable following any third-party action or recourse on account of:
- information, images, sounds, texts or videos in breach of laws and regulations in force contained and/or distributed on the client's site or sites;
- infringement of intellectual property rights related to works distributed, in full or in part, on the client's site or sites without express agreement from their author;
- suspension and/or termination of accounts, particularly following non-payment of sums owed in performance of this contract, and more generally on account of non-performance of any of the client's obligations whatsoever as fixed by these general terms and conditions.
- 8.3 - The client shall indemnify YourShop in respect of any claim on this account.
- 8.4 - In addition, in view of the characteristics and limitations of the Internet, or which the client declares that he is fully aware, YourShop shall not incur liability for:
- difficulties accessing the host site because networks are saturated at certain times;
- contamination by viruses of the client's data and/or software, whose protection is a matter for the client;
- malicious third-party intrusions into the client's site, despite the reasonable security measures put in place by YourShop;
- damage that may be sustained by equipment connected to the Server Centre, the client being fully liable for such damage;
- hijacking of passwords, confidential codes and more generally any information of a sensitive nature to the client.
- 8.5 - The client undertakes to respect the code of ethics available at eccouncil.org/codeofethics.htm
- 8.6 - YourShop may not be held liable for deterioration in the application, misuse of terminals by the client or his clients, partial or total destruction of transmitted or stored information following errors directly or indirectly attributable to the client.
- 8.7 - YourShop shall not be liable for total or partial non-respect of any obligation and/or failure of the operators of the networks providing access to the Internet, and in particular of its access provider.
- 8.8 - On no account may YourShop be held liable for indirect losses such as commercial loss, loss of orders, undermining of brand image, commercial distress, loss of profits or loss of clients.
- 8.9 - Regardless of the case, the amount of damages and interest that may be charged to YourShop, if its liability is incurred, shall be limited to the amount of the sums actually paid by the client to YourShop for the period in question.
ARTICLE 9 - FORCE MAJEURE
- 9.1 - Neither party shall be held liable with respect to the other for non-performance or delays in performance of any obligation arising under this contract that would be due to the conduct of the other party following the occurrence of a case of force majeure as usually recognized by jurisprudence.
- 9.2 - Any case of force majeure suspends the obligations arising under this contract for the entire duration of its existence. However, if the existence of a case of force majeure lasts more than 30 consecutive days, either party has the automatic right to terminate this contract.
ARTICLE 10 - ENTRY INTO EFFECT OF CONTRACT
- 10.1 - The contract is deemed to be concluded on the date of receipt by YourShop of both the order form duly completed and accepted by the client and these general terms and conditions, duly initialled by the client.
- 10.2 - If either of these two documents is not returned, and notwithstanding any payment, the contract may not be deemed to be concluded.
ARTICLE 11 - TERM, RENEWAL AND CANCELLATION OF CONTRACT
- 11.1 - The contract is concluded for a term of seven days, three, six or twelve months commencing on the date of its conclusion as fixed in article 10.
- 11.2 - The contract is renewable by tacit agreement for a term identical to the last contractual term in accordance with YourShop's rates and terms and conditions on 1 January of each new year, unless terminated by either of the parties under the conditions and in accordance with the periods hereinafter.
- 11.3 - Any cancellation must be announced by e-mail sent exclusively to salestogo@YourShop.com 10 days before the anniversary date of the contract. Any cancellation occurring after this 10-day period but before the anniversary date shall incur payment of a flat-rate penalty fixed at one month's rent. Any announcement of a wish to cancel transmitted after the anniversary date shall be taken into consideration only for the anniversary date carried forward after renewal by tacit agreement.
- 11.4 - Any delay in payment shall result in suspension of services following reminders but not in termination of the contract, with fixed charges continuing to be payable until actual termination.
ARTICLE 12 - SUSPENSION
- In the event of non-performance by the client of any of his obligations whatsoever and/or the discovery of SPAM (article 5), YourShop reserves the right to suspend, without notice, all the services provided, whereby this suspension does not entitle the client to any compensation whatsoever.
ARTICLE 13 - EARLY TERMINATION
- 13.1 - In the event of non-performance by either of the parties of any obligation whatsoever stipulated by this contract, it shall be terminated automatically two weeks after dispatch of a formal warning e-mail which has been unsuccessful.
- 13.2 - In the event of termination at the initiative of the client for one of the cases set out in the preceding paragraph, he may obtain reimbursement only of the sums paid in advance for the period after the unintentional non-performance in respect of which criticism is made to the exclusion of any other compensation.
ARTICLE 14 - COMPLAINTS
- Any complaints and/or objections by the client against YourShop must be submitted no later than 48 hours from the fact that gave rise to them, on pain of forfeiture of rights. Such forfeiture is not applicable if an increase in rates is refused, this case being regulated by the provisions of article 4.7.
ARTICLE 15 - OBLIGATION TO PROVIDE INFORMATION
- The client undertakes to inform YourShop, by e-mail or letter, of any change in his situation (address, equipment, banking details, etc.). Failing this, YourShop disclaims all liability for any losses that may result from this absence of information.
ARTICLE 16 - NULLITY
- If one of the provisions of the contract is deemed null and void with regard to a rule of law or a law in force, it shall be deemed unwritten but the other provisions of the contract shall retain their force and scope.
ARTICLE 17 - ASSIGNMENT
- YourShop reserves the right to assign, transfer or convey to any third party, in any form whatsoever, the rights and obligations arising under this contract.
- The client may not assign, transfer or convey to any third party, in any form whatsoever, the rights and obligations arising under this contract without express agreement from YourShop.
ARTICLE 18 - CONFIDENTIALITY
- Each of the parties undertakes to take appropriate measures to maintain absolute secrecy in respect of information and documents designated as confidential by the other party and to which it has access on the occasion of the performance of the maintenance service.
ARTICLE 19 - AMENDMENT OF CONTRACT
- Any amendment of the contract may be taken into account only after the signing of a written rider, signed by the representative of each of the parties. This rider shall determine among other things the amendments made to the original contract, as regards both the financial part and the technical part or the required deadlines. The regulations on price increases set out in 4.6 and 4.7 shall apply.
ARTICLE 20 - COURT OF LAW AND APPLICABLE LAW
- This contract is governed by Swiss material law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods signed in Vienna on 11 April 1980. The exclusive court of law for disputes related to this contract is in Lausanne, subject to compulsory jurisdiction stipulated by federal law.