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General conditions of Sale. Last update: July 17, 2007 I- Preamble 1-The present general conditions have the aim of defining the provision of services methods between Cisneo and the Customer of the service of provision of safeguard accounts with or without access on the Europe-Backup.com machines. 2-In convention, the Europe-Backup.com denomination or Europe-Backup within this document relates to the French company Cisneo SARL for the exploitation of his website www.Europe-Backup.com. 3-The fact to order a service implies whole adhesion without reserve of the customer in the present general conditions. II- Object This contract has the aim of defining the conditions under which Europe-Backup.com places at the disposal of the Customer his services. III- Duration Generally, the duration of Contract is attached to the type of service: specific or periodic. Being given specificity of the Europe-Backup service, and after payment of the service, the duration of the contract starts at the time of the creation of the account on the server. IV- Customer identification The customer engages himself in the exactitude of the provided informations. If whole or part of his informations prove to be false, the customer exposes himself to a suspension of his account and a suppression of the services without possibility of refunding. V- Customer Responsibility 1-The customer is entirely responsible for his accounts. He engages himself not revealing any information being able to allow the fraudulent use of whole or part of his accounts. 2-The customer is entirely responsible for the possible encoding applied at the time of his safeguards. Europe-Backup is not responsible for the possible loss of the key and/or the password allowing the encoding of the files. 3-The customer engages himself respect the netiquette, not storing illegal files or another contrary use with the laws in force. 4-The customer engages himself respect the French law, the servers being hosted in France. The abuses would involve the immediate suppression of the account without possibility of refunding. 5-The customer is conscious that it uses a service on servers known as mutualized, consequently it will not be able to hold for person in charge nor to ask for allowances near Europe-Backup in the case of possible decelerations, Europe-Backup making all his possible in order that to happen less than possible. 6-The customer admits that the storage of his datas on the Europe-Backup servers is an additional safeguard in addition to his own safeguard which it must imperatively carry out. The customer must himself subscribing to his expenses a suitable insurance if it wishes to be compensated for any damage or loss that it and/or his customers could undergo following a technical failure, Europe-Backup not being able to estimate the sudden losses or damage. 7-If the customer wishes to obtain a copy of his data on CD/DVD, the data will be restored in the state, no handling being realized on the files. 8-The customer engages himself observe the conditions of use of the software which it uses. 9-The customer engages himself not to resell or be sub-leasing whole or part of his space of safeguard without to have subscribed on an account retailer. 10-The customer engages himself not trying to reach on other accounts or to try to pirate a service or a Europe-Backup or Cisneo server. Any attempt formally identified will involve the cancellation of the services without possibility of refunding. 11-The customer installs and uses Cisneo-Backup under his whole responsibility. VI- Europe-Backup Responsibility 1-Europe-Backup engages himself safeguarding on 3 hard disks distinct from 2 servers the datas of the customer. 2-Europe-Backup engages himself providing a free hotline, the expenses of communication, telephone hotline or Internet, remaining with the load of the customer. 3-Europe-Backup is not responsible for the utilities suggested or Internet links in relationship or not to these utilities. 4-Europe-Backup is not responsible for a possible crash or dysfunction for the Cisneo-Backup software, operating system of the customer, interruption network of one or the other of the parts, being able to stop or put in danger the safeguard. The customer must check by the means of the logs the good course of the safeguard. Europe-Backup is not responsible for a possible deterioration of the service coming directly or indirectly from accidents, acts of malevolence, or causes concerning cause beyond control. 5-Europe-Backup engages himself restoring the datas of the present customer on his servers in the state where they were sent. Europe-Backup cannot in no case to restore the datas erased by the customer, as well as the not safeguarded datas. 6-Europe-Backup engages himself, within the limit of his possibilities of action, to provide best services. Moreover, Europe-Backup engages with an availability of 99%. If unavailability had suddenly been higher from 1%, Europe-Backup engages himself to add on the account of his customer 5 times the unavailability time. 7-If Europe-Backup had suddenly failed in its mission of company of safeguard, being prejudicial the customer who observed the general conditions in particular the conditions V, the allowances of repair would be limited to the price of the subscription subscribes. 8-Europe-Backup engages himself not to resell or be revealing with thirds any information provided by the customer. 9-For reasons of legality, all the logs are preserved unbounded time. VII- Safeguard by Disk Image 1- The customer uses the safeguard and restoration of discs images under his whole responsibility. 2- Europe-Backup could not be held in charge in the event of disease of the system of discs images, causing the suppression of data of the disc at the time of restorations, or impossibility of restoring in the event of corrupted or incomplete images. 3- The customer must check the integrity of the images made by carrying out a restoration on a hard disk other that his principal disc of use. 4- The customer must scrupulously respect the indications of the FAQ IMAGES present on Internet site www.europe-backup.com. VIII- Limitation of traffic In order not to overload the servers unnecessarily, and to provide a service of quality to the whole of its customers, a very broad limitation was fixed: It corresponds to 33% of total space multiplied by the number of days in the currently month, which corresponds approximately to 10 times the volume subscribed per month. Europe-Backup estimates that this limitation is sufficient within the normal framework of the use of the service of safeguard. If this limitation were reached, the account would be suspended until date birthday of the next month which corresponds to the reset of the counter. IX- Free account 1-Within the framework of his promotional offer, namely the free account, the customer cannot profit from this account that if it is not already titular of an account of safeguard, free or paying. 2-The free account is proposed for one duration maximum 3 months, renewable as many time as the customer wishes it. 3-The offer suggested is single, valid for only one physical or moral entity, and for only one IP. If the customer had suddenly requested several accounts free for life, and that Europe-Backup can connect these various accounts on only one and even entity, all the accounts would be immediately removed, without the customer being able to ask refunding for some nature that it's. 4-The offer account free is not covered by the insurances, nor by engagements of Europe-Backup. X- CisDeal operation 1-The CisDeal operation is valid only once by entity. 2-The Customer can profit from the operation CisDeal only if the date of the order at the person receiving benefits concurent is lower or equal to the date of inscription at Europe-Backup. 3-The operation CisDeal is valid only if the customer orders a annual account of a safeguard space at Europe-Backup. XI- Complaints All the complaints must be formulated in writing and transmitted to Europe-Backup by postal way or by the means of the form on line. XII- Right of retractation Within the framework of the sale on line, the private individuals profit from a time of 7 days retractation, as from the date of the order. Refunding is possible in the case or the service was not used, that it is in term of volume of data, and/or of space used. The request of refunding must be formulated by mail recommended with acknowledgement of delivery to the address Cisneo - Service Europe-Backup - 1 bis rue d'ouessant BP 96251 - 35762 ST GREGOIRE CEDEX - FRANCE. Refundings are done by bank check in the 30 days which follow the request. The bank charges charged to the Cisneo company will be deduced from the sum to refund. XIII- Litigations, applicable Law, Attribution of jurisdiction 1-The two parts are appropriate that: if one of unspecified of these general conditions were to be declared inapplicable or is invalidated for any reason, this disability or inapplicability will not affect the application or the validity of the other provisions of the general conditions, that invalidated or considered to be inapplicable being then replaced by the provision nearest possible of the law in force. 2-This Contract is governed by the French law. In the event of litigation, the courts of RENNES (35) are only qualified. XIV- Compensation The customer agrees to compensate Europe-Backup.com or one for his subsidiary companies, branches, associates, one of his leaders or one of his employees, for very felt sorry for who would be carried in their opposition following contents posted on Web sites or another network of some nature that it is, accessible by the means of the Europe-Backup.com network in violation to the rules stated under the present conditions of sale or in violation of the right of the authors or the trade-mark law or in violation of the right of others, or following an unspecified litigation between the customer and the plaintiff. Such a compensation will include in particular but not exclusively the amount of the lawyer expenses engaged by Europe-Backup.com or one of its subsidiary companies, branches, associates, one of its leaders or one of its employees to ensure their defense. Europe-Backup is a service published by the company Cisneo SARL 1 bis rue d'Ouessant BP 96241 35762 ST-GREGOIRE cedex (FRANCE). |