Our general conditions of sale

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Terms and Conditions of Sale

1-PRODUCTS AND SERVICES

FiveHosting provides vps servers with access to our services open to an individual or a group of people with a tax address on French territory and accepting the terms of FiveHosting’s general conditions, in return for payment of a rental fee whose cost is fixed according to the chosen formula.

1.2-Interruption of the service:

FiveHosting reserves the right to suspend its operation for maintenance or various updates. FiveHosting will inform its customers on its website ” www.fivehosting.net ” as far as possible, without being bound to any guarantee or indemnity and/or damages of any kind towards the customers.

1.3-Modifications of the services “offers, rates, formulas”:
FiveHosting reserves the right to modify its offers, rates and packages at any time, without prior notice. The rate of the services paid in advance is guaranteed for the period concerned, the offers and formulas are also maintained in the period concerned as for the rates.

1.4-Execution of the order:

The order will be executed at the latest within Seven days from the day after the Consumer has made the payment. These deadlines can vary according to the number of internal orders to be treated and according to the volume of servers available in our network.

In the event of unavailability of the ordered product, the Consumer will be informed as soon as possible and will have the possibility to cancel his order. The consumer will be informed either by email, or by phone, or on the forum, or by the support provided in his customer account in the customer area web client.fivehosting.net

He will then have the choice to request either a refund of the sums paid within thirty days of their payment, or the exchange of the product.

1.5-Delivery of the good or service:

The products are delivered to the customer’s account from which the order was placed. The Consumer is required to check the condition of the service or good upon delivery and to report any damage or inconsistency with the order within 24 hours.

FiveHosting will inform the Customer by e-mail when the service is available.
The release of the Service determines the initial date on which the billing will take effect.

The provision of the service takes place within a maximum of 7 days from the effective payment of the purchase order by the Customer.

After this period and if the service is not delivered or is out of stock, the Customer has the right to ask for the cancellation of his order and the total refund of his order.

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2-AVAILABILITY

2.1-FiveHosting provides the necessary connections to host the services ordered by its customers, 24 hours a day, 7 days a week, subject to possible maintenance periods or breakdowns.

2.2-FiveHosting hereby undertakes to comply with the technical obligations imposed by the network operators and undertakes to maintain the good condition of the equipment it controls.

2.3-Due to the specificities of the Internet network and the different operators, FiveHosting does not guarantee the access, nor the infrastructure on the Internet, nor the interruptions of the customer’s service by the Internet users, nor the speed of access to this service.

2.4-In order to guarantee an optimal quality as well as the respect of the customers on the servers, the use of the bandwidth is limited to 1Gbps on the whole architecture. If the monitoring system notices an abusive use, an email will be sent to you and the bandwidth of the annoying service will be limited without notice. If the customer persists, FiveHosting has the right to suspend the server for an indefinite period.

2.5-The use of progressive or continuous streaming, Webradio, Webtv and any other software consuming bandwidth in an abusive way is prohibited on all our offers.

2.6-

The use of peer to peer (P2P) servers, Torrent server and client, Virtual Private Network (VPN), Anonymous Networks (e.g. TOR) and virtual currency mining servers are prohibited on our infrastructure.
Software and scripts (e.g. hping3, Ddos, Rdos or Dos) that enable denial of service or have the function of harming others are prohibited.
Card sharing, CCcam, Dreambox, Debriders or File Storage (mirroring), WebRadio, Stream are forbidden on all our offers.

Failure to comply with this directive will result in termination of the account and associated services.

2.7-Sending mass e-mails to people who have not requested them (“Junk mail”, “Mailing”, “Spam”). Thus, sending unsolicited e-mail is strictly prohibited. A proven complaint of spamming by a recipient will result in the termination of the hosting contract. A proven complaint is constituted when the sender of the message cannot provide proof of voluntary registration by the complainant. This also includes spamming through improperly configured scripts on the customer’s website.

2.8-

In order to guarantee an optimal technical support, FiveHosting administrators have by default full rights on each master machine (NOD/Master). But they do not have a backup or root account on the VPS servers.

Internal software or addons (ex:…Simple backup plugin) are forbidden on our servers and will be deleted without notice.

Plugins with high resource consumption are no longer allowed on our servers, the use of this will result in a no guarantee of quality and continuity of service.

FiveHosting does not make any backups of your servers, this remains your responsibility, as well as the export of backups in your FTP space.

We cannot be held responsible for the loss of your data, whatever the nature of the problem, hardware or software.

We remind you that our offers do not benefit from a support called “software”, we are maintained only by a support called hardware.

3-CUSTOMER DETAILS

3.1-Mandatory information:
The customer declares to be over 18 years old and to have full legal capacity. In order to benefit from the services offered by FiveHosting and to obtain access to the services offered, the customer agrees to communicate his or her exact personal details to FiveHosting. The customer is the sole guarantor of the accuracy of the information declared concerning him or her. The customer agrees to keep the contact email address and the postal address declared on the FiveHosting web interface for the duration of the rental period and this information must be valid.

3.2-Changes to Personal Information:

Customer agrees to keep the personal information and contact details declared on the FiveHosting website up to date. The customer is responsible for providing FiveHosting with his/her actual contact information and for updating it in case of changes. FiveHosting cannot be held responsible for the consequences that the customer and/or third parties may suffer if the
FiveHosting cannot be held responsible for any consequences that the customer and/or third parties may suffer if the beneficiary/customer has failed to notify and stipulate to FiveHosting any changes.
The customer should contact FiveHosting’s customer service to make a change to his/her personal information.

3.3-Confidentiality “Protection of personal data”:
FiveHosting must communicate the personal information concerning the customer on request of this one and, if necessary, to make them rectify, in accordance with the law n°78-17 of January 6, 1978 relating to data processing, the files and freedoms. In accordance with the law n° 2000-719 of August 1st, 2000, the coordinates declared by the customer could be communicated on request of the legal authorities.

3.4-Protection of minors:
Given the diversity and nature of the content and services offered by FiveHosting, persons with parental authority are warned that certain content and services may be harmful to minors, particularly those related to video games. The User agrees to take all necessary measures and precautions to ensure the protection of minors who may use the gaming services. The use of these services by a minor is under the sole control and responsibility of the customer.

3.5-Verification of personal information:
The verification procedure consists in validating by verification codes the validation of the phone or his home registered during the creation of the customer account.
The customer will have to proceed to a verification of his customer file from his interface.
The customer will have 7 days to make this verification, beyond that, the account and the rented services will be suspended without being able to claim compensation or refunds.

4-LAW AND INTELLECTUAL PROPERTY

4.1-Intellectual property:
All games, software, names, trade names, texts, comments, illustrations, images, slogans, charts, banners, buttons, trademarks, service marks, inventions, contracts, rules, regulations, and in general anything that is accessible to the public and to the customers through FiveHosting’s sites, remain the exclusive property of FiveHosting, the game publishers, program publishers, developers and any other rightful owners. Only the use for private use by the customer is allowed.

4.2-Provision of various data:
The creation and the transmission of data, information, software, games, plugins, scripts, skins and tutorials are done under the control and the responsibility of the customer. FiveHosting will not be held responsible for any information communicated by a third party: downloads, links to websites or to various downloads made available by a customer.

5-RESPONSIBILITY

5.1-The Customer acknowledges that the proper functioning of the services offered by FiveHosting is linked to the access to the Internet network constituted by the worldwide interconnection of computer networks, which cannot provide any guarantee as to the permanence of the service and the maintenance of its performance.

5.2-FiveHosting is only bound by an obligation of means.

5.3-Access is protected by usernames/logins and passwords that customers agree not to disclose to anyone. They must keep the exclusive confidentiality of the passwords that FiveHosting delivers using a script or a robot to generate passwords. Customers are responsible for maintaining the confidentiality of the accesses under their sole responsibility.

5.4-Backup of data:
Files, folders, texts, programs and information of any kind depending on the VPS Server remain under the sole responsibility of the customer who must make the backups by his own means. In case of accidental destruction, FiveHosting will not be obliged to reconstitute them.

5.5-Contractual obligations: 
In case of failure by FiveHosting to fulfill its contractual obligations, the customer has a period of two months from the date of this failure to engage the responsibility of FiveHosting.

5.6-damages:
FiveHosting’s liability can only be incurred for real, direct and personal damage to the customer, on the sole condition that the customer provides concrete proof that FiveHosting is at the root of the failure or fault that caused this damage.

5.7-duration:
No legal action may be brought by either party after a period equal to or greater than two months from the event giving rise to such action, or from the disclosure of the event giving rise to such action. Exception is made for actions that may be brought by FiveHosting for non-payment by the Customer/Beneficiary, as such actions are not limited by any time limit.

5.8-damages: 
In all cases where FiveHosting is liable, it may only be ordered to pay damages limited to the amount of the invoice issued during the last two months of the events giving rise to these actions, including all taxes.

6-DURATION

The present contract is concluded for a period equivalent to that of the chosen offer from the date of the customer’s registration on the FiveHosting websites and from the acceptance of the present general terms and conditions, i.e. from the payment relating to the purchase/rental of the service ordered on the various websites or others owned by FiveHosting. The contract is renewed for an equivalent period from the receipt of the payment of the subscription. Any default or delay in payment by the customer will result in the automatic termination of this contract and thus the closing of the service without prior notice. The customer will renew his contract from his administration console by validating a payment by credit card, allopas, transfer or direct debit.
Whatever the product or service, FiveHosting cannot be held responsible for the partial or total non-receipt of one or more of the reminder emails or contract renewal letters.

7-MAJOR FORCE

FiveHosting shall not be liable in the event of an insurmountable and unforeseeable event constituting force majeure or fortuitous events, such as those usually retained by the jurisprudence of the French Courts and Tribunals, such as any interruption of telecommunications, regardless of the equipment or network in question, as long as they are not under the control of FiveHosting

8-FINANCIAL CONDITIONS

8.1-Rates and payment terms:
The price of the service is determined according to the attached conditions on the service subscription form and via the price list menu published on FiveHosting websites and documents.

The service rental is payable in advance (in arrears) for VPS contracts and all services/products offered by FiveHosting.

The payment method used by FiveHosting will be by default credit card (Visa, Mastercard etc..) and Paypal.

The currency of the payments will be Euro only. FiveHosting will not accept checks and does not issue credits.

For offers with a duration of more than 3 months an ID may be required.

Payment by credit card and Paypal are accepted provided that it comes from a bank located on the French territory.

The non-respect of your rental and of your commitments “Ex: Paypal dispute” will immediately lead to a suspension of your services or even a cancellation of the contract and associated services.

8.2-Payments by direct debit:
The payment of the monthly subscription will take place on the monthly anniversary date of the contract in the case of a direct debit to a bank card or personal account.

8.3-FiveHosting account:
The balance of the customer’s account is visible through his member area once he has logged in on FiveHosting websites.

8.4-Rate – All Tax

In principle, FiveHosting’s prices are fixed. However, FiveHosting is entitled to increase the prices at any time during the term of the Agreement, for the purpose of updating the prices. FiveHosting will inform the Customer of the intended increase and of its right to object to it, within six (6) weeks after receipt of the message. The price revision will be deemed to be effective if the Customer does not object in writing (by registered letter with acknowledgement of receipt) within the above mentioned notification period, notifying the termination of the contract with FiveHosting.

FiveHosting’s prices are inclusive of all taxes per month “TTC/Mois” and are payable in Euros applicable on the day of the order.

9-Others Services

9.1-additional services:
Any other service requested by the customer and not listed on FiveHosting’s websites and commercial documents, will be subject to a prior order and an estimate established by FiveHosting. Additional services may be added to the list of our products and services. In this case, they will be linked to the present contracts.

9.2-Special Conditions: 
The execution of any service offered by FiveHosting is conditional upon the full payment of the agreed price.

10-CANCELLATION

10.1-By derogation to the article L.121-20-2 of the French Code of Consumption, the Customer has no more right of withdrawal from the date and time of provision of service. It is important to note that the service is set up instantly in case of payment by credit card, paypal.

10.2-

By derogation to the article L.121-20-1 of the French Code of the Consumption, the Customer has a right of retraction of 7 (seven) days, if the service was not yet set up (in particular at the time of a problem of installation of the service, of a pre-order).

This right of withdrawal is carried out by message on the support service which is at the following address: https://client.fivehosting.net, and gives the right for the customer to the refunding of the sums already paid by him within thirty (30) days as from the reception of the notice. Any request for withdrawal that does not respect the legal deadline or the formalities of the previous paragraph will not be taken into consideration.

10.3-The services rented by FiveHosting are not subject to any time commitment other than the period already paid by the customer.

10.4 -If the termination chosen is immediate or at the end of the billing, its service is immediately removed from our infrastructure.

To terminate the service, the customer must simply not renew the service.

11-APPLICABLE LAW AND JURISDICTION

11.1-This contract is subject to French law.

11.2-In the event of a dispute concerning the execution or interpretation of these terms and conditions, the Commercial Court concerned shall have jurisdiction.

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