Conditions of sale

ARTICLE 1 | DEFINITIONS


CUSTOMER: Natural person having ordered the SERVICES, and holder of the CONTRACT.

CONTENT: All elements, such as texts, images, sounds, videos, programs and more generally all information of any kind, made accessible online, ie via the Internet, by means of the SERVERS. The CONTENT includes in particular all the constituent elements of the website (s) posted online by the CUSTOMER, including elements provided by third parties, such as users of this or these websites, by any means whatsoever (discussion forum blogs, etc.)

CONTRACT: All contractual documents consisting of these Terms of Use, as well as all other documents referencing them.

OXAHOST: OXAHOST SARL, the provider of SERVICES, which is located at Essalem Building Rue Lamine Chebbi City Ennasr II, and can be reached by telephone at

TN: 31 31 04 04.

SERVERS: Secure hardware platform, administered and maintained by OXAHOST in its premises, on which the CLIENT can transfer the CONTENT via the internet, in particular to make it accessible to the public on the internet. OXAHOST servers are located in France.

SERVICES: The services offered by OXAHOST to CUSTOMERS, including in particular the following services and any related services:

  • Hosting of emails;
  • Provision of a domain name;
  • Various web hosting solutions accessible to the general public on the Internet via SERVEURS, including, among others, shared hosting, reselling of shared hosting plans, hosting on a dedicated server, hosting by server dedicated virtual and online store hosting, and any other similar service that could be provided by OXAHOST.
  • Use of this website: https://www.oxahost.tn
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ARTICLE 2 | ACKNOWLEDGMENT AND ACCEPTANCE OF THE CONTRACT


2.1 The use of the SERVICES by any CUSTOMER implies acceptance of the CONTRACT.

ARTICLE 3 | APPLICATION AND OPPOSABILITY OF THE TERMS AND CONDITIONS OF SALE


3.1 The CONTRACT is applicable to the SERVICES. Any contrary clause posed by the CLIENT will be, in the absence of express acceptance, unenforceable to OXAHOST, whatever the moment when it could be brought to the knowledge of the latter.

3.2 None of the clauses of this contract, if they are not applied, will be able to be interpreted or opposed like being waived by OXAHOST to take advantage later of these conditions.

3.3 If it turns out that a particular condition is not applicable, this will not affect the other terms of these Terms of Use.

ARTICLE 4 | DESCRIPTION OF SERVICES


4.1 OXAHOST is committed to providing the SERVICES to the CLIENT.

4.2 OXAHOST provides the CUSTOMER with technical assistance regarding the SERVICES via Email, Live Chat and via the member area. The means of communication are indicated on this link

ARTICLE 5 | OBLIGATIONS AND RESPONSIBILITY OF THE CLIENT


5.1 The CUSTOMER acknowledges having verified the adequacy of the SERVICE to his needs and having received from OXAHOST all the information and advice that he needed to subscribe to this commitment knowingly.

5.2 THE CLIENT is responsible for the CONTENT:

  • (a) Internet sites, the content of information transmitted, disseminated or collected, their exploitation and updating, as well as any files, including address files;
  • (b) scripts and programs that he uses in his hosting space.

5.3 Under no circumstances may the customer use the SERVICES to host the following on his site:

  • Website related to content sharing / video streaming on shared offers
  • Topics related to racism
  • Overly violent subjects
  • Pro Sites Terrorism
  • Sites that violate applicable laws
  • Peer to peer software
  • Regarding adult sites:
    • It is forbidden to make sites on zoophilia, necrophilia and pedophilia.
    • All models must be 18 years of age and older

5.4 The CLIENT must, at all times, have a backup of his CONTENT on his personal computer or other backup device.

5.5 The CLIENT is required to use the Services in a reasonable, responsible and consistent manner with the intended use of OXAHOST. It will ensure in particular that these programs do not cause failure or saturation (in terms of disk resources, CPU or memory) SERVER on which they are deployed.

5.6 THE CLIENT agrees to use the services in accordance with any applicable law, including:

  • 5.6.1 respect the rights of third parties, including the rights of the personality, intellectual property rights of third parties such as copyrights, patent rights or trademarks;
  • 5.6.2 any legislation and regulations for the control of exports and imports of the United States and other countries;
  • 5.6.3 any policy of OXAHOST.

5.7 The CLIENT agrees that his personal details and other personal information will be used by OXAHOST for the sole purpose set out in the Privacy Policy available on the website.

5.8 The CLIENT acknowledges that he is responsible for the activity carried out in or through his OXAHOST account. The CLIENT therefore undertakes to protect the confidentiality of his password.

5.9 The CLIENT is entitled to a single restore of his MySQL database per month free of charge if OXAHOST is not responsible for the incident. OXAHOST reserves the right to charge an additional amount if the CUSTOMER exceeds this quota. Restoration requests are by ticket.

5.10 File restoration is not limited and can be done via the CLIENT's Hosting Control Panel at any time (when the SERVICES include either Shared Hosting, Reseller or E-Commerce only).

5.11 OXAHOST and the CLIENT mutually oblige each other to notify, by e-mail or via the member area of any problem of which they are aware related to the execution of the SERVICES.

5.12 Without prejudice to the provisions of the applicable law and in particular the organic law n ° 2004-63 of July 27, 2004, yet on the protection of personal data. individuals, and the aforementioned Privacy Policy, by ordering on our Website, you agree to enter into an agreement with OXAHOST SARL and authorize the use of your personal data to fulfill the said order, including by transmitting a portion of these data to Partner Restaurants.
By ordering on this Website, you consent to the processing of your personal information, and warrant that all data provided is accurate and complete at the time of placing an order.
You further certify that you are authorized to use the credit or debit card used to place an order and that you have sufficient funds to cover the price of the ordered products and that you are legally able to commit yourself contractually
Currently, Tunisia and France are the main places where OXAHOST keeps this personal information. By accepting these terms of sale, you automatically declare that you agree to the transfer of your personal data abroad.

ARTICLE 6 | PROPRIETARY RIGHTS


6.1 Some of the SERVICES allow you to import, submit, store, send or receive CONTENT. The CLIENT retains all its intellectual property rights on this CONTENT.

6.2 The use of the SERVICES does not however confer any intellectual property rights on the SERVICES nor on the contents to which it can be accessed. The CLIENT undertakes not to use any CONTENT obtained through the Services without the authorization of the owner of the said content, unless authorized by law. The CONTRACT does not confer the right to use any mark or logo present in the SERVICES. The CLIENT is not authorized to delete, hide or modify the legal notices displayed in or with the SERVICES.

6.3 When the CLIENT imports, submits, stores, sends or receives CONTENTS to or through SERVICES, he grants to OXAHOST (and to anyone working with OXAHOST) a worldwide license to use, host , storage, reproduction, modification, creation of derivative works (translations, adaptations or other modifications intended to improve the operation of the CONTENTS through the SERVICES), communication, publication, public representation , public display or public distribution of the said CONTENT. The rights granted are limited to the operation, promotion or improvement of the SERVICES, or the development of new SERVICES. This authorization remains for the full legal term of protection of the CONTENT. The CUSTOMER acknowledges having made sure to have all the rights allowing him to grant this license concerning the CONTENTS subject to the Services.

6.4 OXAHOST grants to the CLIENT, free of charge, a personal, non-exclusive and worldwide license to use the software that is provided to the CLIENT by OXAHOST as part of the SERVICES. This license is exclusively intended to allow the CLIENT to use and benefit from the Services provided by OXAHOST, in compliance with the CONTRACT. Except for reseller plans, the CUSTOMER is not authorized to copy, modify, distribute, sell or rent part or all of the SERVICES or the software that forms part thereof. Similarly, the CUSTOMER is not authorized to decompile or attempt to extract the source code of such software, except in cases where the right of decompilation is authorized by law and within the limits of the law, or CLIENT has obtained the prior written authorization of OXAHOST.

6.5 Some of the software used in the SERVICES may be offered under an open source license that OXAHOST will make available to you. The Open Source License may contain provisions that have express priority over the CONTRACT.

6.6 OXAHOST will be able to take advantage of the services provided to the client as well as its commercial documents and / or brochures, in the event of symposiums and publications specialized in the professional markets, unless otherwise expressly stated by the client.

ARTICLE 7 | DOMAIN NAMES


7.1 The following domain names may be offered free of charge with an annual hosting plan: .com, .net, .info, .org, .tn,. Other areas require annual fees. The price list for domain names can be found on the following web page: https://www.oxahost.tn/domains-mail/domain-names

7.2 The CUSTOMER holds all the rights relating to his chosen domain name with OXAHOST. Following a written request, OXAHOST may send an authorization code to transfer this domain to another provider.

7.3 Following an order made by the CUSTOMER, OXAHOST submits the domain registration to the relevant registry. OXAHOST has no control over the availability of this domain, and can not be held responsible in the event that it is no longer available or is subject to specific registration conditions.

7.4 The CLIENT undertakes to communicate with OXAHOST no later than 30 days following any incident related to his domain name. In the absence of such communication, OXAHOST can not be held responsible for the loss of the domain name or any damage that may result.

ARTICLE 8 | PRIVACY AND PERSONAL INFORMATION


8.1 Each party shall treat as confidential, for the duration of the SERVICES and after their expiration, the information, documents, systems, know-how, formulas or data of any kind from the other party that may be known to the other party. opportunity for the performance of the CONTRACT, and shall not disclose it to any third party whatsoever, nor use it outside the requirements of the CONTRACT.

8.2 OXAHOST undertakes to take all reasonable precautions to ensure the physical protection of the data and programs that the CLIENT has entrusted to it.

8.3 All OXAHOST personnel are contractually bound to the company, which stipulates a confidentiality clause and a clause of non-disclosure of the information transmitted by the CLIENT, including any personal information.

8.4 The CUSTOMER expressly agrees that OXAHOST will transmit the information required by its business partners (ie the CUSTOMER's postal and telephone numbers) in order to provide the SERVICES, including Afilias, Afnic, Arin, CIRA, cPanel, DnsBe, Eurid , ATI, ICANN, Ldns, Switch, Verisign, Your Public Interest Registry. It is understood that these business partners may change and that the Customer agrees that the personal information provided in this paragraph is passed on to such other business partners.

ARTICLE 9 | DURATION OF SERVICES


9.1 The duration of the SERVICES is chosen by the CLIENT when placing the order.

9.2 Unless otherwise specified by the CUSTOMER in the manner prescribed below, the SERVICES will be automatically renewed for an indefinite period.

ARTICLE 10 | PRICE AND INVOICING


10.1 All prices are inclusive of all taxes and are payable in the currency chosen by the CLIENT, including Tunisian Dinars, US Dollars and Euros.

10.2 No price will be revised during the duration of the SERVICES provided for in Article 9.1. It may, however, be revised subsequently in the manner provided for in Article 14.1.

10.3 The payment methods available for the SERVICES are: bank transfer, VISA, MasterCard, American Express, PayPal, Moneybookers (Skrill).

10.4 By default, the renewal of the SERVICES is automatic. The CUSTOMER may deactivate this option in the Service tab of the OXAHOST member area, at the latest 30 days before the expiry of the SERVICES duration chosen by the CUSTOMER pursuant to Article 9.

10.5 A late fee of 10% is applied if the invoice is not paid at the due date.

An administrative fee of EUR 20 will be billable if there is a manual intervention to be performed for the reactivation of the service.

10.6 In case of non-payment, the CONTENT of the accommodation is deleted 15 days after the expiry date.

10.7 Credits on OXAHOST accounts are not refundable.

10.8 OXAHOST is released from all responsibilities related to automatic debiting by third parties (eg Paypal, Skrill, etc.)

ARTICLE 11 | STORAGE AND OTHER LIMITATIONS


11.1 A storage capacity is allocated to the CLIENT according to the selected SERVICES. The CUSTOMER may purchase additional storage space from OXAHOST. Exceeding any applicable or reasonable bandwidth limit or storage capacity is prohibited and may prevent the CLIENT from making backups or adding CONTENT. If the use of the SERVICES by the CUSTOMER or any other conduct intentionally or unintentionally threatens OXAHOST's ability to provide the SERVICES or other systems, OXAHOST may take all reasonable steps to protect the OXAHOST SERVICES and systems, including including the suspension of the CLIENT's access to the SERVICE. Repeated breaches of the indicated restrictions may result in termination of the CLIENT's account.

ARTICLE 12 | RETURN


12.1 THE CUSTOMER may at any time and at his discretion, waive the purchase of the SERVICES, without penalty and without giving reasons, within fourteen calendar days from the conclusion of this CONTRACT by sending a written notice to OXAHOST.

12.2 OXAHOST undertakes, if necessary, to send to the CUSTOMER, without delay, an acknowledgment of receipt of the retraction by email.

12.3 The exercise by the CLIENT of his right of withdrawal has the effect of extinguishing the obligation of the parties to execute the CONTRACT.

12.4 OXAHOST undertakes to refund, at the latest within fourteen days of the date on which OXAHOST is informed of the CLIENT's decision to retract. After 7 days of service, OXAHOST reserves the right to refund the customer in the form of OxaHost credit only.

ARTICLE 13 | TERMINATION


13.1 THE CLIENT may, at any time and at his discretion, terminate the CONTRACT by sending a notice to OXAHOST. Amounts paid by the CLIENT for domain names, licenses and SSL certificates are not refundable.

13.2 OXAHOST may terminate the CONTRACT in its sole discretion, subject to 60 days notice

13.3 If the CUSTOMER threatens to put formal notice or initiate legal proceedings against OXAHOST, OXAHOST reserves the right to cease all communication with the CUSTOMER and to immediately suspend all SERVICES to the CLIENT. If there are legal proceedings, all communication will be through lawyers.

13.4 Failure by the CUSTOMER to comply with the provisions of the CONTRACT, or the distribution of any CONTENT that may give rise to civil and / or criminal liability will result in OXAHOST's right to terminate without delay the CUSTOMER'S SERVICES without prior notice. and immediately terminate the CONTRACT of the CUSTOMER as of right, without the CLIENT being able to claim damages. In these cases, the CLIENT agrees to pay the remaining amounts due on the day of termination.

ARTICLE 14 | CASE OF FORCE MAJEURE


14.1 If the SERVICES, or any obligation incumbent on OXAHOST hereunder, is prevented, limited or disturbed by fire, explosion, failure of transmission networks, collapse of facilities, epidemic, earthquake, flood, failure of electricity, war, embargo, law, injunction, demand or requirement of any government, strike, boycott, failure of its network provider, or any other event of force majeure beyond the reasonable control of OXAHOST, then OXAHOST will be exempted from its obligations to the terms of the CONTRACT.

14.2 In these cases, OXAHOST will be exempted from the performance of its obligations within the limits of this impediment, limitation or inconvenience. In the event of force majeure, OXAHOST shall regularly inform the CUSTOMER of the consequences of this major force and the recovery forecasts.

14.3 The obligations arising from the CONTRACT will be suspended for the duration of such an event of force majeure.

14.4 Should the effects of a force majeure event last more than two months, the SERVICES may be terminated automatically at the request of either party, without entitlement to share and other.

ARTICLE 15 | MODIFICATION OF TERMS OF USE


15.1 OXAHOST may modify these Terms of Use or any additional terms of use that apply to a SERVICE to reflect changes in the law or the SERVICES. OXAHOST recommends that CLIENTS consult the Terms of Use regularly. Changes to these Terms of Use will be reported by email to the CLIENT at least 30 days before the change takes effect. Changes made will also be available on this page. The changes will not apply retroactively and will take effect at least 30 days after notification to the CLIENT. However, changes specific to a new feature of a SERVICE or changes made for legal reasons will apply immediately. If the CUSTOMER does not accept changes to the Terms of Use of a given SERVICE for the benefit of OXAHOST, he may terminate the CONTRACT by sending a written notice to that effect to OXAHOST no later than 30 days following the entry into force of the amendment.

ARTICLE 16 | MODIFICATION OF THE SERVICE


16.1 The CUSTOMER agrees that OXAHOST can not be held responsible to him or any third party for the modification or discontinuation of the SERVICES. If the CUSTOMER has paid to use the SERVICES and OXAHOST terminates or substantially reduces its functionality, the CLIENT will receive a pro rata refund of any advance payment.

ARTICLE 17 | INDEMNITY


17.1 The CUSTOMER shall also release from liability and indemnify OXAHOST, its affiliates, agents and employees and guarantee them against any claim, prosecution or legal action resulting from or related to its use of the SERVICES or following a violation these Terms of Use, including any liability and financial burden resulting from claims, losses or damages found, lawsuits and judgments, and related legal and attorney fees.

17.2 The CLIENT agrees to indemnify and defend OXAHOST, its affiliates, subsidiaries, agents, employees, agents, partners, subcontractors and licensors against any claim or demand, including reasonable attorney's fees, made by a third party, relating to or resulting from: (a) any CONTENT that the CLIENT submits, disseminates, transmits or makes available through the SERVICES; or (b) the breach by the CLIENT of the rights of a third party.

17.3 This means that the CLIENT may not sue OXAHOST, its affiliates, subsidiaries, directors, agents, employees, agents, partners, subcontractors and licensors as a result of their decision to delete or refuse to process any information or CONTENT, to warn the CUSTOMER, to suspend or terminate the CUSTOMER's access to the SERVICES, or to take any other action during the investigation of a possible violation or resulting from the deduction by OXAHOST that a breach of this AGREEMENT has occurred. This provision applies to all violations described or contemplated by this CONTRACT. This obligation will continue to be applicable after the termination or expiration of this Agreement or the use of the SERVICES by the CLIENT. The CLIENT acknowledges being responsible for any use of the SERVICES via his account, and that this CONTRACT applies to any use of this account. The CLIENT agrees to abide by this AGREEMENT and to indemnify and defend OXAHOST against any claim and request resulting from the use of this account, whether or not it has expressly authorized such use.

ARTICLE 18 | LINKS AND OTHER THIRD MATERIALS


18.1 Certain CONTENT, components or features of the SERVICES may include information from third parties or hyperlinks to other websites, resources or content. Since OXAHOST may not have any control over such third party information or sites, the CLIENT acknowledges and agrees that OXAHOST is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of such sites. or resources, and will in no way be held responsible for any content, advertising, product or information appearing on or available from these sites or resources. The CUSTOMER also acknowledges and agrees that OXAHOST will in no way be held liable for damages that the CUSTOMER suffers or claims to have suffered, directly or indirectly, as a result of its use or reliance on such CONTENT, advertising, product or information contained in or available from these sites or resources.

ARTICLE 19 | DISENGAGEMENT OF GUARANTEE


19.1 Our offer of SERVICES is subject to an obligation of means, within the limits of what is commercially reasonable.

19.2 The responsibility of OXAHOST will not be engaged in the following cases:

  • deterioration of the application by the CLIENT and / or non-compliance with the advice given;
  • misuse of the SERVERS and software by the CLIENT or his CUSTOMER;
  • partial or total destruction of information transmitted or stored as a result of errors attributable directly or indirectly to the CLIENT.

19.3 OXAHOST can not be held responsible for non-compliance by the CUSTOMER with the rules, laws and obligations of public order and national and international good morals.

19.4 Owing to the characteristics of the Internet, which the CUSTOMER declares to know, OXAHOST can not be held responsible for:

  • the content of the information transmitted, disseminated or collected, their exploitation and updating, as well as any files including address files but also sound, text, images, form elements, accessible data on the site and for whatever reason.
  • possible misuse of passwords, confidential codes, and more generally any sensitive information for THE CLIENT. OXAHOST can not be held responsible for this management which is the responsibility of the CLIENT.
  • indirect damages, ie all those that do not result directly and exclusively from the partial or total failure of the SERVICES, such as commercial prejudice, loss of orders, damage to the brand image, any commercial disturbance, loss of profits or CUSTOMERS (for example, improper disclosure of confidential information about them as a result of defective or hacking the system), for which THE CUSTOMER will be his own insurer or may contract appropriate insurance. Any action directed against the CLIENT by a third party constitutes indirect damage and therefore, does not give right to compensation.

19.5 OXAHOST can not be held responsible for the total or partial non-compliance of an obligation and / or failure of the operators of the transport networks to the Internet world and in particular of its access provider (s). As such, OXAHOST informs the CLIENT that its services are dependent on other technical operators and that its responsibility can not be engaged by their failure.

ARTICLE 20 | LIMITATION OF LIABILITY


20.1 Within the limits permitted by law, the total liability of OXAHOST, its suppliers and distributors, for any claim under these Terms of Use, including for any legal warranty, fault or negligence of OXAHOST, is limited to the amount the customer paid to use the SERVICES (or, at OXAHOST's option, to provide these SERVICES again).

20.2 Within the limits permitted by law, OXAHOST, its suppliers and distributors, disclaim any liability for loss of profits, income or data, or indirect, special, consequential, exemplary or punitive damages.

20.3 In no event shall OXAHOST, its suppliers or distributors be liable for any loss or damage that would not have been reasonably foreseeable.

20.4 Any claim relating to any loss or damage suffered by reason of or in connection with the CONTRACT, of a contractual, tort, legal or other nature, must be made within a maximum of one year after the end of the CONTRACT.

ARTICLE 21 | APPLICABLE LAW AND COMPETENT TRIBUNAL


21.1 Any disputes related to the CONTRACT or the SERVICES will be governed by Tunisian laws. Any claim related to the CONTRACT or the SERVICES will fall exclusively under the jurisdiction of the Tunisian courts. OXAHOST and THE CLIENT agree to submit to the jurisdiction of these courts.


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