These General Terms of Service apply to all services provided by HAISOFT SARL, registered with the RCS Orléans under the number 451475651, registered office at 7 rue Vieille Levée 45100 ORLEANS, and the SIRET number 451475651 00035, hereinafter referred to as the PROVIDER.
These General Terms and Conditions of Service apply to the customer using the PROVIDER's services, hereinafter referred to as the CLIENT.
This contract is binding on the CLIENT and the PROVIDER for all services subscribed to by the CLIENT with the PROVIDER including access or hosting services related to hosting or telecommunications under the HaiSoft brand name.
These general terms and conditions are supplemented by the information indicated on the sales proposal or quotation, signed by the CLIENT when subscribing to the service, or, failing that, by the presentation of the service on the PROVIDER's website.
The PROVIDER is commited to implement the necessary means to ensure the permanence, continuity and quality of the services it offers.
The PROVIDER is commited to implement the necessary means to ensure the security and confidentiality of data exchanged between the CLIENT's computer and its servers by means of SSL certificates.
However, the PROVIDER reserves the right to exceptionally and briefly suspend access to the servers, in particular in order to carry out maintenance or improvement work, in order to ensure the proper operation of the servers and the supply of services that comply with the technical specifications defined on the website or on the quotation offered at the time of subscription.
The technical specifications provided on the website or on the quotation offered at the time of subscription, referred to in the previous paragraph, may be modified according to developments in the network, transfer protocols and, more generally, technology. The PROVIDER is commited to allow the CLIENT to reasonably benefit from technical developments.
The PROVIDER is commited to operate the service provided to the CLIENT in accordance with the conditions defined in the SLA, which represents an appendix to these conditions of service depending on the service subscribed.
The PROVIDER is commited to communicate to the CLIENT, in particular by sending e-mails, the information necessary to satisfy the needs expressed by the CLIENT, as long as they are within the contractual field.
The PROVIDER provides the CLIENT with technical assistance by telephone and via a ticket system. In particular, the CUSTOMER can contact support by telephone from 1000 to 1200 and from 1400 to 1700 CET. It may, at any time, create a Support Ticket by logging on to the Client Area on the www.haisoft.fr website.
Depending on the services subscribed by the CLIENT, the PROVIDER will carry out any technical steps relating to the domain names, IP addresses and telephone numbers used by the CLIENT and subscribed to with the PROVIDER, in order to ensure that they function correctly according to the CLIENT's reasonable requests.
The PROVIDER is commited to inform its CLIENT of the progress of the formalities to be completed.
The invoice provided to the CLIENT by the PROVIDER will be deemed authentic for the duration of the recording.
3.1. The PROVIDER cannot be held responsible for the unsuitability of the services it provides for the particular purpose that the CLIENT is considering or pursuing, provided that, prior to any decision by the CLIENT, the PROVIDER has provided the CLIENT with clear information about the service it intends to provide.
3.2. The PROVIDER may not be held liable as a result of any action or recourse by third parties, insofar as it was not aware of the illicit activity or information, or if, as soon as it became aware of it, it acted promptly to withdraw this information or make access to it impossible, in particular as a result of the publication:
information, images, sounds, texts or videos contrary to current legislation and regulations, contained and/or istributed, directly or through the use of a frame or hypertext link, on the customer's site(s)
infringement of intellectual property rights relating to works distributed or reproduced, in whole or in part, on the customer's site(s) without the express agreement of their author
the suspension and/or termination of accounts, in particular following the non-payment of sums due under this contract, and more generally as a result of the non-performance of any of the customer's obligations as set out herein.
3.3. The CLIENT guarantees the PROVIDER against any challenge to its liability linked to the CLIENT's activities or to the content found on the CLIENT's sites or connections. As a result of this, the CLIENT undertakes to compensate the PROVIDER if the latter is called into question, during an amicable complaint or a lawsuit, for the costs incurred in connection with these calls into question (principal, interest and lawyers' fees in particular).
3.4. In addition, due to the characteristics and limits of the Internet network, which the CUSTOMER declares to be fully aware of, the host cannot be held liable for, in particular:
difficulties in accessing the hosted website due to network saturation at certain times
virus contamination of the CLIENT's data and/or software, which the CLIENT is responsible for protecting
malicious intrusion by third parties on the customer's site, despite the reasonable security measures put in place
les dommages que pourraient subir les équipements connectés aux serveurs de Le PRESTATAIRE, ces équipements étant sous l’entière responsabilité des personnes connectées et notamment du CLIENT lors des connexions en mode [FTP ; SFTP : autre]
possible misappropriation of passwords, confidential codes and, more generally, any information of a sensitive nature for the customer.
3.5. The CLIENT is solely responsible for the content of the websites, the use of the services and any consequences thereof.
3.6. Neither party shall be liable to the other for the non-performance or delay in performance of any obligation underthis contract caused by the other party as a result of the the occurrence of a case of an Act of God as usually recognised by case law.
4.1. The CLIENT must provide the PROVIDER with all the information required to carry out its services. The CLIENT must ensure that the contact details provided are complete and accurate. When registering domain names, the CLIENT acknowledges that it has checked the registration conditions and has ensured that the holder is entitled to the domain name.
4.2. The use of the services provided by the PROVIDER must comply with all applicable laws and regulations, including, but not limited to, laws and regulations concerning intellectual property, the protection of personal data, the protection of minors, cross-border data flows and civil liberties, as defined in France and in the European Union, in particular the RGPD.
4.3. As the publisher of a website, the CLIENT must display on the website the compulsory legal notices as defined by French law. These provisions may vary depending on the type of website and the type of person (individual or legal entity) who manages the website. The customer may ask the PROVIDER for advice to find out which provisions may apply to its website.
4.4. The CLIENT must pay the price of the services provided by The PROVIDER, and pay the price of any complementary or additional services that it may require during the performance of this contract, in accordance with the terms of this contract and its appendices.
4.5. The CLIENT undertakes to cover the costs if the PROVIDER were to be prosecuted as a result of the content of its site or the use of the services provided by the PROVIDER.
4.6. The CLIENT is responsible for taking all appropriate measures to protect the integrity, availability and confidentiality of its own data.
4.7. The CLIENT undertakes to regularly carry out the necessary updates on its computers and websites in order to guarantee the PROVIDER that security updates are carried out regularly, at least monthly.
The CLIENT may ask the PROVIDER to carry out these updates, and the latter may provide this service on the basis of an estimate.
4.8. The CLIENT has a duty to protect the persons for whom it is responsible against any harm that may be caused by visiting sites that are likely to involve breaches of public order or morality. The CLIENT and the end user undertake to ensure that any use of the services provided by the PROVIDER by a minor is placed under their control.
4.9. The CLIENT undertakes not to use the services for the purposes of piracy, intrusion into computerised systems or hacking, or any other act that is reprehensible under civil or criminal law and/or likely to cause damage to others.
The CLIENT retains ownership of the elements appearing on its website, such as texts, sounds, images and video sequences, in any format whatsoever, as well as software, applications, utilities and databases that it has created itself or for which it holds the rights.
The PROVIDER retains ownership of the equipment sold to the CLIENT until full payment of the sums corresponding to the sale of the equipment in question. Concerning the equipment supplied by the PROVIDER but which is notis not sold, it remains the property of the PROVIDER until the end of the service contract for which the equipment was supplied to the CLIENT, and the CLIENT undertakes to return it to the PROVIDER within 15 days (fifteen days) following the end of the contract, at the CLIENT's expense.
During the term of this agreement and after its expiry, the parties undertake to treat as confidential the terms of the agreement and any commercial, financial, technical or other information obtained in the course of its performance.
In particular, the parties undertake not to communicate to third parties other than their own personnel any confidential information as defined above.
With regard to their staff, the parties undertake to obtain confidentiality agreements, concerning the confidential information defined above, from members of staff who are or may become aware of it in the course of their duties or by any other means.
If the CLIENT fails to comply with one of the obligations set out in article 5 above, through its own fault or negligence or that of its employees, agents, suppliers or subcontractors, the PROVIDER may terminate this contract, 15 days after a formal notice, sent by e-mail, to put an end to the breach, which has not been followed up.
The PROVIDER may also, if it considers that the breaches are not serious enough to justify early termination of the contract, suspend the hosting service and/or any ancillary services until the CLIENT has remedied or put an end to the breach observed.
The CLIENT must regularly make a copy of the data (files, databases, etc.) present on the PROVIDER's servers in order to be able to re-use them in the event of a breakdown or at the end of the contract.
The PROVIDER cannot be held responsible for the absence of a backup and its consequences, particularly in the event of the service being unavailable for a long period of time, preventing the PROVIDER from putting it back online once the services provided to the CLIENT have been put back online.
In the case of hosting services, the PROVIDER carries out certain types of back-up, depending on the service subscribed to. However, these backups do not replace the fact that the CLIENT must have a regularly updated copy of its data to enable it to establish, under its sole responsibility, a Business Continuity Plan and a Business Resumption Plan in the event of a disaster occurring on either the PROVIDER's or the CLIENT's side.
The parties/representatives of the parties may, for the purposes of this contract, communicate with each other electronically, in particular via the Internet.
In such a case, the parties must implement procedures and technical security measures enabling them toguarantee the integrity and availability of systems, as well as the integrity, availability and confidentiality of data transmitted in particular via the Internet.
The PROVIDER provides a ticket system guaranteeing the security of exchanges as well as the time- stamping of messages enabling exchanges to be authenticated. All exchanges concerning the services provided by the PROVIDER (including commercial, financial, technical or concerning the termination or renewal of services) must use this ticket system, available via a link on the PROVIDER's website.
The PROVIDER provides the CLIENT with the invoices corresponding to the services provided, electronically, in its information system accessible on the PROVIDER's website and sent by email when the services are made available. The CLIENT can print the invoices itself as required.
The parties remain independent professionals and are bound only by the terms and conditions of this contract.
The provisions of this contract may in no way be interpreted as creating any kind of partnership between the parties, nor any kind of mandate, subordination or solidarity.
Prices are fixed and depend on the hosting package chosen. They are those shown on the website or on the quote at the time of subscription.
Prices may vary according to various parameters and in particular, but not exclusively, according to currency exchange rates and licence prices set by the publishers of the software used. Prices may be modified at each renewal, at the end of the period, by the SERVICE SUPPLIER, which must then notify the CLIENT by email at least two weeks before the renewal date. The CLIENT will then be able to choose whether or not to proceed with the renewal, in compliance with the conditions indicated in article 13.
Prices do not include VAT and are payable in euros, in advance for an annual or monthly period.
Customers located outside mainland France are invited to enquire about any import duties or taxes that may be applicable in the case, and will assume responsibility for their declaration and payment. The parties agree that they may be modified according to the evolution of the network, technology and legal constraints.
The PROVIDER charges the VAT applicable in France for all sales made to customers resident in France, both private individuals and companies. This VAT is paid directly to the French tax authorities, with whom the PROVIDER is identified under number FR57 451475651.
The PROVIDER charges the VAT applicable in Belgium for all sales made to customers resident in Belgium, both private individuals and companies. This VAT is paid directly to the Belgian tax authorities, with which the PROVIDER is identified under the number BE 0763 449 782.
The PROVIDER charges the VAT applicable in the United Kingdom for all sales made to customers resident in the United Kingdom, whether individuals or companies. This VAT is paid directly to the British tax authorities with which the PROVIDER is identified under number GB 375 3810 83.
The PROVIDER charges the VAT applicable to private individuals, at the rate in force in their country of residence in the European Union outside the countries mentioned above. This VAT is transferred to the country concerned via theEU VAT office. The CLIENT, a company resident in an EU country other than France and Belgium, undertakes to take the necessary steps to pay the VAT on the services in its country as soon as the invoice is made available by the PROVIDER.
The cost of services is payable either by bank transfer, direct debit or, online, by credit card (CB, VISA, MASTERCARD, AMERICAN EXPRESS), in accordance with the terms and conditions set out in the subscription form.
Services will only commence once payment has been received in full, or in accordance with the payment terms indicated on the quotation.
In the event of a payment being rejected, regardless of the method of payment, a flat-rate charge of €20 excluding VAT will be billed to the CLIENT. Transfers from countries outside the EURO zone are accepted but the costs associated with receiving these payments, of the order of €20, will be deducted from the payment received.
If a payment has to be made to the CLIENT's bank, following a payment error by the CLIENT or a Credit Balance in favour of the CLIENT, or for any other reason, then a fee of €10 excluding VAT will be charged to cover manual and bank processing costs.
Any delay in payment will result in the payment of late payment penalties at a rate equal to 12% and a minimum fixed indemnity of 40 (forty) euros for collection costs, due by operation of law, without the need for a reminder.
13.1. This contract takes effect on the date of receipt of payment, i.e. the date of accounting notification of receipt of the bank transfer or notification by the bank of online payment, or, depending on the payment conditions indicated on the quotation, on receipt of the quotation signed by the CLIENT.
This contract has an initial commitment period of 12 months, then, when renewed, this period is equivalent to the payment frequency (monthly, annual or other).
13.2. This contract may also be terminated if either party fails to fulfil any of its obligations.
In this case, termination takes effect fifteen days after receipt of a formal notice to remedy, sent by e-mail, unless the party in default puts an end to the breach before the expiry of the said period.
13.3. At the end of the initial period or one of the renewal periods, the service will be renewed in one of 3 ways:
if the CLIENT pays by bank card (CB, MASTERCARD, VISA, AMERICAN EXPRESS) or by direct debit, then the renewal is carried out automatically on the due date.
if the CLIENT pays by bank transfer, then the renewal is carried out only after receipt of the payment with valid references enabling the PROVIDER to assign the payment to the CLIENT's account.
if the CLIENT is a public authority and pays by administrative mandate, the renewal can be made on receipt of a valid order form received before the renewal date and containing an exact list of the services to be renewed.
13.4. The CLIENT may request cancellation of its services at any time. This cancellation will take place on the next due date if the request is made at least 30 clear days before the due date of the service (7 days if it concerns shared hosting).
This termination cannot take place before the end of the initial 1-year contract period.
13.5. If the CLIENT is a private individual, they may request cancellation of their order within 14 calendar days.following subscription. This right does not apply to domain names, which are considered to be made-to-order goods and therefore cannot be taken back or exchanged. This right does not apply to professionals or commercial companies, but only to private individuals using the subscribed service for their own use.
These general terms and conditions are deemed to have been accepted in full and without reservation by the CLIENT when using the service.
It is formally agreed that any tolerance or waiver by one of the parties, in the application of all or part of the undertakings set out in this contract, whatever the frequency and duration thereof, shall not constitute a modification of this contract, nor generate any right whatsoever.
This contract represents the entire agreement between the parties and includes these general terms and conditions and any signed quotation indicating the technical characteristics and price of the service.
It replaces and cancels any previous oral or written undertaking relating to the subject of this contract.
Each new version of this document is presented on the PROVIDER's website and notified to the CLIENT electronically before each renewal. The CLIENT may decide not to subscribe to them and thus request the cancellation of its contract within one month of the announcement of these new general conditions. After this date, and at the time of any renewal of the services subscribed to, the present general terms and conditions of service are deemed to have been accepted by the CLIENT.
These General Terms of Service form part of the service contract, together with the following appendices:
the SLA, applicable in particular to customers using dedicated servers or virtual servers
the personal data policy, in particular as indicated on the Legal Information page of the haisoft.fr website
details of prices, quotes and invoices available on the haisoft.fr website and in the Customer Area
As this contract is not concluded intuitu personae, the PROVIDER is granted the right to transfer all or part of the rights and obligations provided for in this contract to a third party.
The PROVIDER is also granted the right to entrust a third party with the performance of all or part of its contractual obligations.
The nullity, lapse, lack of binding force or unenforceability of any of the stipulations of this contract shall not entail the nullity, lapse, lack of binding force or unenforceability of the other stipulations, which shall remain in full force and effect.
However, the parties may, by mutual agreement, agree to replace the invalidated stipulation(s).
This contract is subject to French law, to the exclusion of any other legislation.
Only the French version of this contract will be deemed authentic.
For all disputes or differences of interpretation relating to the performance or termination of this contract, the parties agree to endeavour to find a compromise solution.
Jurisdiction:
If the talks fail, the parties will regain full freedom and the dispute will be submitted to the ordinary courts.
The competent court shall be the Commercial Court of Orléans (45), except where the CLIENT is a private individual.
These conditions of service were amended on 31 October 2023 and this is only a translation of the terms and conditions from French to English. In case of an issue regarding the terms actually used, the official document must be provided in French.
