LAUSANNE - GENEVE : Chemin du Dévent, 7 – 1024 Ecublens – tél. : +41 21 625 69 90 – fax : +41 21 624 20 33 Capital social : CHF 100’000 – N°FED : CH-550.1.021.497-2
T
ABLE OF CONTENTS1. Introduction ...3
2. Hosting offer ...3
3. Site maintenance ...3
4. Duration of the contract ...3
5. Payement ...3
6. Bank details ...4
6.1 - Payements CHF ...4
6.2 - Payements Euros ...4
7. Money-back guarantee ...4
8. Contact detrails : technical, administrative and invoicing ...4
9. Renewal ...4
10. Cancellation ...5
11. Domain name ...5
11.1 - Rules specific to Franc extensions ...6
12. Dealers ...6
13. Prohibited activities ...6
Page 3
1. I
NTRODUCTIONThe Terms and Conditions outlined below govern the contractual
relationships between Net4All.ch and the client. Their subject is the web
hosting service provided by Net4All.ch and/or the management of domain
names in return for payment by Net4All.ch. Net4All.ch reserves the right
to modify them at any time, however the client will be informed by email
and is entitled to cancel the hosting contract, but may not request any
indemnity whatsover
2. H
OSTING OFFERElectronic mail is not submitted to the disk space quota made available to
the client for their account, and the maximum size authorized for e-mail is
10 Mb. However, e-mails stored in "Deleted items" and "Spam" folders
(accessible on Webmail or in IMAP) are deleted after 15 days. The monthly
traffic generated by the website is unlimited. The bandwidth allocated to
each site is 1024 Kbps. A quota of 1000 sent e-mails an hour is allocated
to each website. If this quota is exceeded, the scripts for sending e-mails
(PHP and CGI) are automatically blocked. The MySQL database may only
be accessed using the server name "localhost", i.e. exclusively from the
web server itself. There will be no possible access (via ODBC or Access)
from the outside. Persistant connections are not authorized. Log files are
deleted periodically; we therefore recommend that clients wishing to keep
a record of their log history should download them monthly.
3. S
ITE MAINTENANCEThe design of the site and its maintenance are the responsibility of the
client. We do not provide any support for design problems or problems
linked to the installation of CGI or PHP scripts. Only technical problems
with our servers and our installations will be studied and
resolved. Net4All.ch makes weekly backups of servers, but is not
responsible for the loss or deterioration of files by the client. We therefore
strongly recommend that the client make backups of their site which are
not stored on the server itself. Net4All.ch makes daily backups of
databases, but is not responsible for the loss or deterioration of databases
by the client. We keep a 5-day backup history. Database recovery is
possible, although a charge applies.
4. D
URATION OF THE CONTRACTThe hosting contract is concluded for a minimum of one year (365 days),
from the order date.
5. P
AYEMENTPayments are to be made by bank transfer, postal order or credit card. The
amount must be paid no later than 30 days after receipt of the invoice.
6. B
ANK DETAILS6.1 - P
AYEMENTSCHF
CCP: 17-278661-76.2 - P
AYEMENTSE
UROS Bank: CIC IBAN: FR76 1009 6182 2100 0380 3640 143 BIC: CMCIFRPP7. M
ONEY-
BACK GUARANTEEThe money-back guarantee is valid for 30 days from the order date. To receive a refund, the client must complete the "refund claim" form and return it to us by fax within 30 days of the order date. The client must also remove our DNS entries from his domain name provider within 45 days of the order date. A site can only qualify for the money-back guarantee once. If a refund is requested, the client’s site can no longer be hosted on our servers. Net4All.ch reserves the right to refuse a refund in the following cases:
Breach of any clause in these Terms and Conditions.
Failure to pay the amount for hosting services on time.
Lack of courtesy towards the employees of Net4All.ch and/or its partners.
Illegal site content.
Domain name not directed to our servers at the date of the refund claim.
"Refund claim" form incorrectly completed. Claim made more than 30 days after the order date.
8. C
ONTACT DETRAILS:
TECHNICAL,
ADMINISTRATIVE AND INVOICINGThe client is responsible for the accuracy of the data provided in the "Personal information" module of the administration console my.net4all.ch. The client may modify this information at any time from the console.
9. R
ENEWALThe client will receive an invoice by post 1 month before the end of the hosting contract. A reminder will be sent by e-mail five days before the end of the hosting contract. If no payment has been received by the end of the hosting period, a reminder is sent by post, payable within 10 days from the date of the demand. Two days before the due date of the reminder, you will be called by the invoicing department. Whether or not you answer our phone call, the due date of the reminder is not modified.
Page 5 If no payment has been received by the end of the reminder period, the
hosting service will be blocked and CHF 50.- (40€/£35) of administrative fees will be added to the inital invoice. The hosting service will only be unblocked when the amount of the invoice plus the CHF 50.- (40€/£35) of administrative fees have been paid and the money is in our bank/postal accounts. These measures can be followed up by legal measures if the outstanding amount should remain unpaid. In the case of two or more reminders in a 12-month period, Net4All.ch will invoice reminder charges of CHF 20.- (16€/£14).
10.
C
ANCELLATIONClients may cancel their account at any time or not less than 30 days before the end of the hosting period by faxing us the "closing an account" form which can be found in the administration console. Their account will then be closed on the date specified and destroyed within 24 working hours. If the client cancels his hosting service before the end of the contract, no refund may be requested, with the exception of clients taking advantage of the money-back guarantee.
11.
D
OMAIN NAMEDomain name registered at the time of ordering the web hosting service: Net4All.ch pays the annual fees for domain names ending in
.com/.net/.org/.biz/.info/.be for all new PLUS or .NET accounts. The domain name must be registered and managed by Net4All.ch. This offer is also valid for transfers of web hosting service provider. In this case, the domain name will be transferred to Net4All.ch’s partner. The domain name belongs to the client, Net4All.ch is only responsible for its management. If the web hosting service is cancelled during the 30-day trial period, the client must pay a fee of CHF 40.- (€32.50/£27.50), which covers the license fee for the first year and the administrative fees. If the web hosting service is cancelled after the 30-day period, the domain name becomes the client’s responsibility free of charge, provided that no invoice remains unpaid and that the cancellation request is sent to us at least 30 days before the end of the subscription period.
Domain name registered independently of a web hosting order:
Net4All.ch sells and manages domain names with the following extensions:.com/.net/.org/.biz/.info (price), .be (price) and .fr/.re (price). The annual fee for domain names is charged to the client. The administration of the domain name is the responsibility of the client. By the term “administration”, we mean the activation of a domain name, in other words, the registration of Net4All.ch’s DNS to ensure that the domain name is directed to our servers. Only the owner of the domain name is authorized to administer his domain name. Net4All.ch shall not be held liable for anyresulting delays, since this impossibility does not always invalidate the hosting contract.
11.1 - R
ULES SPECIFIC TOF
RANC EXTENSIONSThe client guarantees that the registering of his domain name with a French extension (.fr, wf, .tf, .re, .mp and .yt) complies with the AFNIC Domain Name Charter and does not serve any unlawful purposes. The AFNIC Domain Name Charter may be consulted at the following address:
www.afnic.fr/medias/documents/AFNIC-charte_2012_.pdf
Domain names which are not registered and managed by Net4All.ch:
The annual fee for domain names is charged to the client. The administration of the domain name is the responsibility of the client. By the term “administration”, we mean the activation or the transfer of a domain name, in other words, the registration of Net4All.ch’s DNS to ensure that the domain name is directed to our servers. Only the owner of the domain name is authorized to administer his domain name. Net4All.ch shall not be held liable for the impossibility of transferring a domain name or any resulting delays, since this impossibility does not always invalidate the hosting contract.
12.
D
EALERSThe resale of our web hosting service is authorized.
13.
P
ROHIBITED ACTIVITIESIt is against the policy of Net4All.ch that the users of our web hosting service carry out or participate directly or indirectly in one of the following activities, through Net4All.ch. Any deviation from these rules shall automatically and without prior notice lead to the closure of the client’s account, without any possible compensation for the latter:
Sending out mass e-mails to persons who have not so requested (spamming).
Not respecting copyrights, particularly on MP3.
Undertaking any other activity which violates the law and threatens the integrity of a computerized system or violates the codes of conduct generally accepted on Internet.
Penetrating or trying to penetrate in an unauthorized manner a computerized system.
Overusing CPU resources. This includes, but is not restricted to, certain CGI scripts. Any use which would cause technical disturbance to Net4All.ch’s infrastructures, or other clients’ sites shall be prohibited, and in the event of it hapening again, the account would be blocked, whether or not the client is at fault.
Any activity related to sex, whether it be images, articles for sale, forums, etc.
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14. R
ESPONSABILITY OFN
ET4
ALL.
CHNet4All.ch undertakes to provide the best service possible to the client, but Net4All.ch shall not be held liable for possible technical problems beyond its control, such as power cuts, power breakdown or technical breakdown. Under no circumstances shall the client request damages or compensation resulting from technical problems of any kind whatsoever.
Net4All.ch accepts no responsibility for the technical performance of the Internet network, nor for the technical performance of the client’s access provider.
If the client’s site is totally or partially unusable, the client must first make sure that the problem does not come from his own hardware or software. If this is not the case, he shall inform Net4All.ch of the problem, providing all information which may be useful and relevant. In any case, Net4All.ch will not incur any liability until it has been informed of the problem.
No data, particularly email addresses, provided by the client during registration or after, shall be disclosed, resold or shared with third-party companies or partners.
Net4All.ch reserves the right to refuse and/or terminate the hosting contract for pages deemed contrary to the morals or principles of the latter, without justification. Furthermore, if the hosted pages were to contain information, viewpoints or any other such element contrary to current or future laws, the client is solely and exclusively responsible before the courts. The client undertakes to reimburse Net4All.ch all expenses, without exception, if the pages hosted by Net4All.ch should cause the latter to be recognized as an accomplice of the illegal acts committed by the client. Indeed, the client enjoys complete freedom with regard to its web space, insofar as it complies with the laws and regulations in force. It is prohibited to publish any form or content directly or indirectly related to paedaphilia, pirated programs, of a racist nature, in MP3 format protected under copyright, or illegal activities.
Net4All.ch reserves the right, at any moment and without prior notice, to block access to any Web page which it considers does not comply with the law and which thereby contains unlawful information.
Net4All.ch may be contacted directly by the holders of intellectual property rights in the event of an infringement of these rights by the online services offered through Net4All.ch, so that the offending document may be withdrawn or access to it blocked. Net4All.ch will examine complaints.
The posting of links by Net4All.ch does not constitute approval or endorsement of the sites associated with these links.
