These general conditions, which also include specific Netbeopen conditions, are applicable to any provision of hosting services for an online information system. Consequently, the fact of placing an order implies the Customer’s full and unreserved acceptance of these general conditions of service. No particular condition other than those of Net can, except formal and written acceptance of NetBeOpen. The fact that NetBeOpen does not avail itself at any given time of any of these general conditions and/or of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted as a waiver by NetBeOpen to subsequently avail itself of any of the said conditions.
The purpose of these general conditions is to define the technical and financial conditions under which NetBeOpen undertakes to host the Customer’s Internet service on its server platform.The special conditions detail the different subscription options for the preparation by NetBeOpen of the platform space reserved for the Client.The Customer expressly acknowledges that Netbeopen does not participate in any way within the meaning of the present terms in the design, development and creation of the Customer’s website and its IT management and administration tools.
Some Quick Facts Netbeopen Web Hosting
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The Netbeopen server platform is accessible to the general public via the Internet network by means of stations connected to the Internet network. Open provides the computer power, the security equipment and the software necessary for the operation of the Internet service offered by the Customer, the list of this software varying according to the subscription options offered by Open, these options being described online on the website Open provides the Customer with technical assistance by telephone and Email available.
By clicking on the button “I unreservedly accept the general hosting conditions of Netbeopen“, the contract governing the relationship between the Client and Open is formed, subject to the sending by Open of a confirmation email. opening of an account informing the Customer of the codes enabling him to access the space reserved for his website on the Open servers.
The date of dispatch of the hosting codes of the Customer’s site determines the initial date on which the invoicing will take effect.The contract is deemed final on the day the Open account opening confirmation is sent. The parties agree that this confirmation from Open will serve as proof between the parties in the event of a dispute.
Ensure access to the server 24 hours a day, every day of the year. If absolutely necessary, Netbeopen reserves the right to interrupt the server to carry out a technical intervention in order to improve its operation or for any maintenance operation. Net will then inform the Customer beforehand, as far as possible, within a reasonable time by informing him of the nature and duration of the intervention, so that the Customer can make his arrangements.
The Service Provider cannot be held liable to the Client for the introduction of a computer virus into the Web server or the site affecting its proper functioning, the migration of the site to a different hardware or software environment, modifications made to the software components by a person other than the Service Provider, a drop in turnover resulting from the operation or lack of operation, or the use or lack of use of the site or information located there or to be there, illegal or unauthorized intrusion by any third party into the web server or into the site, temporary congestion of the bandwidth, interruption of the Internet connection service for a cause beyond the control of the designer.
The Service Provided
The reparations owed by Netbeopen in the event of a failure of the service resulting from a fault established against it will correspond to the direct, personal and certain damage linked to the failure in question, to the express exclusion of any indirect damage. Under no circumstances can Open be held liable for consequential damages, i.e. all those which do not result directly and exclusively from the partial or total failure of the service provided by Open, such as commercial damage, loss of orders, to brand image, commercial trouble of any kind, loss of profits or Customers (for example, inappropriate disclosure of confidential information concerning them following a defect or hacking of the system), for which the Customer will be his own insurer or may take out the appropriate insurance.