Terms of service for Check my Website.
This translation is provided as this and has no warranty on it. The reference page is the french one for all legal aspects.
The online service called CHECK MY WEBSITE is provided by NOVATEEK company Limited liability company with a capital of 12,000 euros, having its registered office in ST HERBLAIN (44800) - 39 rue de Marseille, and registered with the Trade and Companies NANTES under number 802 425 983.
The Service allows the user to monitor and remotely monitor the availability, performance and proper operation of its sites and web applications as configured by the user ridge through its Account.
These Terms and Conditions are intended to define the respective rights and obligations of NOVATEEK and the User in the course of using the Service.
The User acknowledges that use of the Service, with or without consideration, imply its consent to these Terms, without requiring the handwritten signature of these Terms and Conditions. NOVATEEK the company and the User agree that their relations will be exclusively governed by these Terms and Conditions.
The terms and expressions listed below mean when they comprise a capital letter, for the purposes of understanding the present conditions and performance:
“Subscription”: the subscription by the User Service under specific conditions according to selected offer.
“Application” means an entity that the user wishes to oversee and monitor through the Service, such as a web server, mail server, file server, a web address (URL) etc.
“Account”: the personal and private interface to any User within the Service and by which the user configures and manages its Applications Subscription.
“Service” means the online software called CHECK MY WEBSITE and associated documentation, accessible SaaS (Software as a Service) and supplied by NOVATEEK society.
“User” means a natural or legal person to use free of charge or the Service.
3. Creation and Access by User Account
Any use of the Service requires the User the prior creation of an Account using the registration form available on the website of the department CHECK MY WEBSITE.
The User must maintain the confidentiality of the password needed to access the Account and remain fully responsible for its use by third parties. Users are solely responsible for all activities on his account, and must immediately notify the company NOVATEEK unauthorized use of its account or any other breach of security as soon as he has knowledge.
The NOVATEEK support personnel may, periodically and with the consent of the user, connect to the account in the context of the maintenance or improvement of the Service, including to provide the user assistance to technical problems or billing.
It is up to the user, in case of change of email address, to make himself such a modification on his Account. Without valid email address NOVATEEK will be unable to meet its obligations and, in particular, to send the created access codes or to send him the information needed to use the Service.
4. Subscription and scope of functionality of the Service
Creating an Account allows the User to use the Service through a free or paid subscription.
Creating an Account allows the user to enjoy all the features of the Service for a period of 15 days has elapsed from the creation of the account.
Beyond this period, and failing subscription by the User a subscription fee, the User may use the Service for free within the limits of the features offered by the free subscription.
Taking out a free subscription gives access to the Service under restricted conditions of use and is limited to one free subscription per person or entity on whose behalf it is used.
Any user can subscribe at any time a Paid Subscription Service, allowing access to special features of each Subscription whose scope is detailed on the website CHECK MY WEBSITE.
In case of inadequate Subscription with User needs NOVATEEK may, at the request of the user, provide a specific service offering to the need for the User and subject to special quotation .
5. Using Service
To access the Service, you must have a computer with a Chrome browser to its latest version. It must also have access to the Internet, preferably ADSL broad band. It is up to the user to check the compatibility of the configuration of his personal equipment with the Service prior to any subscription. The NOVATEEK declines all responsibility for non functioning of User Equipment or incompatibility of the latter with the Service and will not provide any support if the above configurations are not met.
The User declares to know the characteristics and limitations of the Internet, in particular its technical performance, response times for consulting, querying or transferring data and the risks to the security of communications.
6. Maintenance and Updates
NOVATEEK The company is committed to ensure the maintenance and upkeep of the infrastructure on which the service is hosted. If necessary, the maintenance and service operations can cause interruption of the Service. Except in cases of special urgency, NOVATEEK company endeavors, to the extent possible, to inform the User prior to the interruption.
To preserve the quality of access to the Service, the NOVATEEK company also reserves the right to modify or replace the servers that User’s data is hosted. The NOVATEEK will make its best efforts to inform the user beforehand and if necessary, arrange with him to transfer his data.
The Service may be subject to updates, bug fixes, enhanced functions, new software modules and new releases. The User agrees to receive such updates in the course of using the Service.
7. Intellectual Property Rights and extended on the Service
The NOVATEEK company grants the User a limited, revocable, non-exclusive to the extent necessary for the use of the Service. The company is free to NOVATEEK right to grant sub-licenses to install, copy and use the Service.
All rights to the Service that are not expressly granted to the User under these Terms and Conditions are reserved and retained by the NOVATEEK society.
The User forbade to perform or allow a third party to perform any operation i) copy, adapt, translate or create derivative works of the Service; ii) decompile, disassemble, reverse engineering or attempted by any other means to discover the source code, except to the extent that the law would prohibit some of these restrictions; iii) rent, sublicense, sell, assign, or transfer any rights to the Service; iv) use, transfer or introduce to the Service or the server that makes any program could interfere with the normal operation of the Service; or v) use the data identified as belonging to third parties in the Service for any purpose other than the supervision of applications.
8. Force Majeure
NOVATEEK the company can not be held responsible for the partial or total non-performance or delay in performing them, if such failure or delay was caused by the occurrence of unforeseen events, uncontrollable and external. Will be considered as unpredictable, uncontrollable and external, a government decision, war, civil war, sabotage, flooding, disruptions in supply sources (such as, for example, but not limited to, telecommunications minutes, electricity and gasoline), epidemic, strike, lockout, stoppage or a machinery incident, one or more computer viruses, attack by one or more hackers, fire , explosion or any other event beyond the control of our company.
In case of force majeure, the obligations of this contract will be suspended for the duration of the event in question without prejudice or compensation for either party.
Within the limits of the law, the User agrees to indemnify, hold harmless and defend NOVATEEK company at its expense, to any third party claims, actions, suits and actions brought against the NOVATEEK society and all damages , responsibilities, regulations, penalties, fines, costs or expenses (including reasonable attorneys’ fees and other litigation expenses) incurred by NOVATEEK society because of or in connection with (i) a breach by User of any provision hereof, (ii) use of the Service, (iii) any breach by User of legislation or regulation applicable in connection with the Service, (iv) any representation or warranty made by the User regarding any aspect of the Service to any third party; (v) any claims made by or on behalf of a third party relating directly or indirectly to the use of the Service; (vi) any breach by the User of the obligations to respect the privacy of any third party; and (vii) all claims arising out of the acts or omissions of third parties in connection with the Service.
NOVATEEK the company sent to the User written notice of any claim, suit or action on the basis of which he shall indemnify NOVATEEK society.
In the event that the User uses the Service on behalf of third parties, or other third-party use the Service via the Account, the User represents and warrants that (i) it is authorized to act on behalf of the third party and link it to all the obligations stipulated hereunder, (b) NOVATEEK company can share any specific client data to third parties, and (c) it will not disclose the third customer Data to any other person without the consent of such third parties.
11. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ANY NOVATEEK FOR LOSS OF REVENUE OR DAMAGE INDIRECT, SPECIAL, BY RICOCHET, Y-INCLUSIVE IN CASES WHERE THE COMPANY HAS BEEN ADVISED NOVATEEK, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY THE oCCURRENCE OF SUCH DAMAGE. CUMULATIVE TOTAL LIABILITY OF NOVATEEK AND ITS SUBSIDIARIES HELD A 100% TO YOU FOR ANY LOSS OR DAMAGE ARISING FROM CLAIMS, DEMANDS OR PROCEEDINGS ARISING OUT OF OR IN CONNECTION WITH THESE SAME EXCEED 500 EUROS
In addition, the NOVATEEK society can not be held liable in the following cases:
- Difficulties of use or unavailability of the service-related malfunction or saturation of the Internet,
- Virus contamination of the User’s data, the protection is for the latter,
- Intrusion and / or malicious actions by third parties despite reasonable security measures in place,
- Possible misuse of data sent to the email by User,
- Malfunctioning or unavailability from a case of force majeure,
- Dysfunctions affecting the services provided by telecommunications operators or registration offices, including for any hacking or unauthorized access to their database.
12. Duration, Termination and entitled to compensation.
All Free Subscription is for an indefinite period and may be terminated at any time by NOVATEEK society, without the User can claim a right to notice prior to the termination of his access to the Service.
Everything Subscription is for a fixed term and automatically renewable.
Any notification by the User of the termination of a fixed-term subscription for a period of one (1) year must be ridge in the three months preceding the end of the Subscription and will if necessary on the date anniversary of the date of receipt by the company NOVATEEK of notification of termination.
Any notification by the User of the termination of a fixed-term subscription of one (1) months effective on the anniversary date of the date of receipt by the Company NOVATEEK of notification of termination.
Upon termination by the user, it can not in any way claim any refund of all or part of the price of the service which he has previously acquitted and he must pay to the effective termination its Subscription.
The User declares to be informed that the maturity of its Subscription forbade him access to the Service and to his account, and that data related to its use of the Service will be inaccessible to him after this term and will be destroyed by the company NOVATEEK .
13. Modifications to Terms of Service
NOVATEEK the company reserves the right to change these or any additional terms that apply to the Service, for example, reflect legislative changes or changes to the Service. We recommend that you check them regularly Conditions.
The company will release NOVATEEK change notifications hereof. The changes will not apply retroactively and will become effective within a minimum period of 14 days from the date of publication. In case the user does not accept the changed conditions, it will stop using the Service. None (e) amendment or modification hereof shall take effect unless (i) it is made in writing and signed by a duly authorized representative of the company NOVATEEK; (ii) the User accepts the Terms updates online, or (iii) if the user continues to use the Service after the publication of updates of the Terms or any rule governing the Service.
14. Service Award, payment and billing
The price of the service is available on the website CHECK MY WEBSITE and varies Subscription subscribed by the User.
Telecommunication costs and related inherent in the use of the Service remain the sole responsibility of the User.
The terms of payment of the price of the service varies depending on the type of subscription purchased by User:
- When the user has subscribed to a fixed-term subscription of one (1) month, payment of the service price is payable in advance and intervenes on the 1st day of the month;
- When the user has subscribed to a fixed-term subscription of one (1) year, payment of the service price is payable in advance and is involved in the subscription of the Subscription. In case of renewal of subscription, payment of the price of the Service under the year in question occurs within thirty (30) days of the renewal period of the Subscription.
In case of payment, the price of the service is debited from the bank account of the user after data verification thereof, on receipt of the debit authorization from the company issuing the payment card of User.
Subsequent to the conformation of the user to the steps above, the user will receive electronic confirmation of the price of the subscription for the period of use of the Service considered.
The liability to pay given by means of a payment card is irrevocable and communication by the User of information relating to the payment card to be debited, he is necessarily the owner, is a payment order to the Order NOVATEEK benefit of society.
In the event that payment of the order would be impossible, the subscription to the subscription is canceled.
The company says NOVATEEK payment instructions given by the User are transmitted to the credit institution through the secure online payment Stripe software.
The company says NOVATEEK only record on its servers any information about bank details of the User. The NOVATEEK company retains information about the User’s Subscription to ensure treatment, monitoring and informing the offers of products and services that may be of interest.
15. Waiver User withdrawal with the quality of the consumer.
The user acknowledges that the Service is a supply of digital content not supplied on physical media, the execution begins after express prior consent.
In these circumstances, pursuant to Article L121-21-8 of the Consumer Code, the User acknowledges that he has no right of withdrawal after the purchase Subscription.
16. User Obligations
The User agrees not to violate the French or international regulations in force in the course of using the Service. The User further agrees to abide by the codes of conduct, practices and rules of behavior allowed on the Internet.
As such, the User specifically agrees not to use or disclose files, data or information which are of unlawful or proceeding from unlawful activities, not respecting the rights of third parties including, in particular, the right to privacy, the right to industrial or intellectual property that do not respect the provisions of the Data Protection Act of 6 January 1978 and / or the CNIL.
17. Protection of personal data
The file consists of the NOVATEEK company for the collection of data necessary for the management of each user, development of trade statistics, rectification and opposition unpaid management and litigation in promotional operations management NOVATEEK by the company, has been declared to CNIL under the number 1782076.
The company NOVATEEK agrees not to disclose such information to third parties for commercial purposes.
In accordance with the “and Freedoms” of 6 January 1978, amended in 2004 by law to “trust in the digital economy”, the User has the right to oppose, access and rectify information about it.
The user exercises its rights by mail or email to the NOVATEEK company, including contact details are at the top of these terms.
The user, if he is a professional, NOVATEEK expressly authorizes the company to reveal its name and/or logo and/or a link to its website to make it among the references partners.
19. Force Majeure
The performance by the Company of its NOVATEEK obligations under the terms and conditions will be suspended in case of force majeure that would impede or delay the execution.
NOVATEEK the company will notify the Customer of the occurrence of a force majeure within thirty days from the date of its occurrence.
20. Transfer Contract
The Customer agrees already transfer the Contract by the NOVATEEK company by name or as part of a universal transfer of assets to the benefit of a third party will be substituted for the society as a whole NOVATEEK of its rights and obligations.
21. Liquidated damages and penalty interest
According to the decree of October 2, 2012 and section 33 of the Ordinance of 1 December 1986, any User of late payment the contractor in professional quality make the lump sum payable for recovery costs in the amount of forty euros and will run late charges a monthly rate equal to one and half times the legal interest rate.
22. Fault and termination for misconduct
NOVATEEK The company reserves the right to suspend the service in case of breach of contract by the User, in particular in case of default on the agreed dates.
Each party has the right to terminate the contract for breach of any provision of the contract by the other party, after notice by registered letter with acknowledgment of receipt remained ineffective after a period of fifteen (15 ) days of the date of receipt by the other party.
All clauses of this contract are in order, and a tolerance of one party, regardless of the nature and duration, can not provide a right for the receiving party to rely on and never prevail novation of any obligation under this contract.
Any notice ridge by one party to the other will be the height of its headquarters indicated above or any other previously notified by letter address with return receipt requested.
25. Governing Law and Jurisdiction
The contract is governed by French law. Any disputes that may arise between the parties in connection with the interpretation and / or execution of this contract shall be submitted, failing amicable agreement, to the exclusive jurisdiction of the Commercial Court Nantes, with the exception of disputes concerning non-commercial individuals and for which the statutory rules for jurisdiction apply.
In the event that any of the provisions of the contract be declared null and void, in any way and for any reason whatsoever, it would be deemed unwritten and would not result in the nullity of the other provisions.