Bouldoire
48100 Montrodat - FRANCE
Tl. and Fax : (32) 04.66.32.16.83
contact@abcabil.com
Terms of Rental
Opening statement
Article 1- Definitions
Article 2 - Scope and purpose
Article 3 - Services provided by the lender within the "eveyting included" package
3.1 Elaboration
3.1.1 Dialogue
3.1.2 Design and Building
3.1.3Proposition
3.1.4 Validation
3.2 Rental
3.2.1 Domain name
3.2.2 Hosting
3.2.3 Submission
3.2.4 Email addresses, Aliases and webmail
3.3 Rental following-up
3.3.1 Statistics
3.3.2 Submission following-up
3.3.3 Updates
3.3.4 Support
3.4 Services "Plus "
3.5 Access to the web is not provided by the Hirer
3.6 Time limits
3.6.1 Time limit forthe retractation of the Renter
3.6.2 Validation time limit
3.6.3 Proposition time limit
Article 4 - Web rules
Article 5 - password and logins for the email addresses
5.1. delivery mode
5.2. confidiality pf these informations
Article 6 - Support
6.1. Ways it is provided
6.2. Cost
Article 7 - Renter identification
7.1. Informations true and upto date
7.2. Protection of the private data and Confidentiality
Article 8 - Responsability
8.1. Hirer's responsability
8.2. Renter's responsability
8.3. Force majeure
Article 9 - Start and duration of the contract
Article 10 - Cancellation suspension
10.1 On the Hirer's initiative
10.2 On the Renter's initiative
Article 11 - Modifications
Article 12 - Price
12.1 The Package rental
12.2 The options rental
12.3 Prices changes
Article 13 - Legal disputes
Opening statement
The word Hirer stands for abcabil.com, one-man business located at Bouldoire, 48100 Montrodat, registered at the MENDE's RCS with the SIREN N° 480 425 685. In accordance with the terms and conditions of the agreement, the Hirer rents to the Renter, whose signature appears at the bottom of the contract, a Package including the website approved by the Renter, as well as a group of services, described hereafter.
Article 1- Definitions
Administration : Terms that stands for the possibilty to modify and update a website, to manage email accounts and aliases with their login and password.
Alias : "Faked" address to which the visitors can send messages that wil arrive towards an email account.
"All included" package : body of services provided by the Hirer to the Renter, from the website elaboration to its rental, and to its following up, each of these steps being described hereafter.
Email account : Address giving the possibility to send and receive messages over the Net.
Contact : natural or legal person who came in touch with the Hirer to rent him a website. The contact will becom a Renter once he will have approved the website proposed by the Hirer.
Container : HTML, PHP and CGI code allowing to display the content of the website.
Content, : Text, pictures, photos and other informations offferd by the Renter to his visitors.
Domain name : name allowing to identify a website on the Net. It could be yourfirm.com, com being an extension for business websites. The domain name must make you visible.
Email : Messages sent over the Net.
Extension : Letters following a domain nam, and separated of it by a point. They are used to define the kind of websites the named website belongs to ( .com , .net , .fr , .be , ... )
Hosting : presence of a website on a server linked to internet..
Hosting platform : Firm specialised in hosting websites on its servers.
Internet : Net of computers and servers linked together thoughout the world.
Internet Service : possibility for user to come on the Net, to visit websites and to use an email account.
Inside search engine : tool allowing the visitors to find quickly the pages of the website where they will find the information they are looking for.
Registrar : Firm entitled to deliver domain names. The Hirer will come in touch with it to know if a domain name chosen by the lender is available and to register it..
Screen-page: page of a website of the size of a computer screen and that wil not scroll.
Scrolling Page : Page with scrolling tools, with an upper size than the screen.
Submission to search engines : To register the website in a search engine data base for the visitors using this tool to find the website.
Search engine/Directory : Tool allowing net users to finf websites giving the informations they are looking for.
Services : grop of services provided by abcabil, at the same time than the website rental : domain name, email accounts, aliases, hosting, submission to search engines, updates, statistics.
Spams : unwanted ad emails .
Statistics : IInformations linked to the visits occured with a period of time : their number, the visited pages, details on the visitors, the time they spent on a page, ...
Update : Modification of a website content.
Validation : Action by which the Contact confirms he agrees with the website the Hirer proposed to him. This agreement will be expressed through the payment of the first rental annual instalment and the signature of this contract.
Visitor: Internet user coming to look at a website.
Webmail : possibility to look at emails on any computer without having to install an email account first.
Website : Group of electrtonic pages displaying a firm, for instance, and the informations it wants to communicate over the Net to its other interlocutors.
Article 2 - Scope and purpose
The object of the present provisions is to define the modes and general conditions of the rental of websites by the Hirer to the Renter.
Every request of rental to the Hirer is subordinated to the respect of the present terms of rental.
The Renter confirms that he accepts the terms of rental defined by the Hirer as soon as he validated the website proposed by the Hirer.
Article 3 - Services provided by the lender within the "eveyting included" package
3.1 Elaboration
The lender will ask questions to the Contact in order for the latter to express his needs. At this time, yhe contact will provide many informations such as texts or pictures that will help the lender to define the Content of the website.
The Content of the website is provided by the Contact, under his sole responsability.
He is the editor of the Content as understood in the n° 86-1066 law of septembre the 30th, 1986 modified by the n° 2000-619 law of august the first, 2000.
The domain name and the Content of the website must be in accordance with the laws and rules in force, national and international as well, especially in what refers to intellectual, literary and arts ownership, and to contain no information that could be considered to be a critic, a a defamation or an insult, or that could be a prejudice to private life, to accepted standards of good behaviour and to the public order.
3.1.2 Design and Building
The Hirer will use these informations to build the Content of the site. The website will be achieved at the end of this step.
3.1.3 Proposition
The Hirer will then submit this website to the Contact. The lattre will express his remarks and his reserves. The elaboration step will last till the website is aproved by the Contact.
3.1.4 Validation
This aproval, the Contact will formalize it by sending to the lender a signed copy of the terms of Rental and by paying to the Hirer his first annual payment for the rental.
3.2 Rental
3.2.1 Domain name
The Hirer, as soon as the Renter will have validated the website, will register from a Registrar the Domain name that will have been chosen during the dialogue stage. The Hirer will pay for this registration.
3.2.2 Hosting
The lender will host the website on a hosting platform from now on. Le Loueur hébergera le Site sur une plate forme d'hébergement, à ce moment-là. The site may be visited all the time, not taking into account problems that may occur on the hosting platform, problems for which the <lender may not be considered responsible.
3.2.3 Submission
The Hirer will submit manually the website on the 5 search engines or directories defined with the contact through the dialogue stage.
3.2.4 Email addresses, Aliases and webmail
The Hirer will have two email accounts Le Locataire aura deux adresse de courrier électronique. An address will be postmaster@yourfirm.com and the secon one will be your name@youyfirm.com. Each of these accounts will have a 25 Mo mailbox and may send messages of 10 Mo.
The Renter will have 10 aliases.
The Renter will have the possibility to consult his mails through a webmail.
3.3 Rental following-up
3.3.1 Statistics
The Lenter will provide statistics to the Renter each quarter, the first three years of the rental. After, it will be once a year when the time to renew the rental will have come. The statistics will comme with an analysis.
3.3.2 Submission following-up
The Hirer will check the efficiency of the submission to the search engines, at each quarter, the first year, and once a year after that when the rental will have been renewed.
3.3.3 Updates
The first three years, if the Render wants it, 4 updates of the website may be done.After this, there will be an update after the rental of website will have been renewed.
A support service may be consulted on line by the C and the Renters. They may also ask their questions by Fax at the 04.66.32.16.83 or leaving a message at the same phone number. An answer will be given to them the following working day at the whereabouts they will have mentionned. This service will not be provided during the Hirer's hollyday period which the Renter may Know on the Hirer's site at www.abcabil.com, by clicking on his logo.
3.4 Services "Plus "
The Renter may want more services or more elements on the website. The lender can provide the following elements and services : more pares, scrolling pages, internal serach engine, more languages and more eamail accounts. Each of these services or elements will lead to an increase of the rental.
3.5 Access to the web is not provided by the Hirer
The Renter does not provide an access to the Web. He does not give the opportunity ti the Hirer to have an access to the web. For this, and to be able to use his email accounts, the Renter must deal with an Internet access provider.
3.6 Time limits
3.6.1 Time limit for the Renter to retract himself
The renter has a week (7 ays) to retract jhimself with the Hirer after he validated the website that was proposed to him.
3.6.2 Validation Time limit
The validation will occur between 1 to 6 months after the Contact came in touch with the Hirer for the first time. After the expiration of this deadline, the Hirer will say to the Contact that their commercial relationship will have to come to an end.
3.6.3 Time limit to make a proposition
The lender has between 1 to 6 months to make a proposition that the Contact will validate. Otherwise, the Contact may stop the process that should have ended into a rental of a website without the Hirer being entitled to estimate that he could ask for damages.
Article 4 - Web rules
The Renter declares that he accepts the specificities and limits of the web and aknowledges, in particular that :
the community of users of the Web has developped a group of rules of good behaviour that the Renter declares to be aware of and to know that the transgression of which could forbid the offender to have access to the web without the Hirer being responsible for this.
that data exchanged over the web must not contravene to laws, rules, habits or deontology wether they are national or international ones.
that the Renter, by his behaviour and by the information he spreads, will take care not to prejudice ant third party rights, specially by :
• spreading things that are protected by intellectual, litteray or artistic property rights. Since data exchanged over the web can be protected in terms of use or protected by a property right, the Renter is the only redsponsible of the data he consults, stocks and exchanges over the Net;
• propagating talks, picturess or sounds that can be a defamation, an insult a critic or can damage private life, to good behaviour and to public order;
• that data exchanged over the Net may be misappropiated : the communication by the Renter of confidential data (credit card code, ....) is made at his own risks.
Article 5 - password and logins for the email addresses
5.1. delivery mode
The login and the password of the email accounts will be sent to the Renter by the Hirer by mail at the name and address mentionned by the Contact.
If those date are lost, the lender will send anoter letter to the Renter. The cost of this second remittance will be of 1 €, that will be charged to the Renter at the next renewal of his website.
5.2. confidiality of these informations
Logins and passwords are personal and confidential.
the renter is responsible for the secrecy and the use of the logins and passwords that the Hirer will have passed on to him.
The Renter commits himself to keep these data secret and not to spread them out by any means.
Every data spread out over the web with the use of the logins and passwords of the Renter will be considered to have been made by the Renter himself or an employee of his or a person he is looking after, and therefore will be considered to have been made under his respnsability.
Article 6 - Support
6.1. Ways it is provided
For all questions in the technical or the commercial field linked to the rental of the website, the Renter may call the Hirer at the 04.66.32.16.83 and leave a mssage with the phone number and the hours at which he can be called back. The Renter will have his answer by phone the working day followingthe one he called.
To a question sent by fax, it will be answered by fax.
In the same way, to an email, it will be answered with an email.
6.2. Cost
This service is free. The Hirer, However, is free to assess that the renter exceeds the usual needs of a Renter, and thus to stop to answer to his questions.
Article 7 - Renter identification
7.1. Informations true and upto date
The whereabouts given by the renter must be true.
The Renter commits himself to inform the Hirer, by mail, by fax or by emai, of any change that may occur in his whereabouts, especially for a modification of address. The Hirer should not be held responsible of the consequences that may happen if the Renter had omitted to inform the Hirer of this modification.
7.2. Protection of the private data and confidentiality
The Renter can ask the Hirer the registered informations relating to him and have them corrected, if necessary, as it is stated in law n°68-16 of january the 6th, 1998 about computers, files and freedom.
Following law N° 2000-619 of august the first, 2000, the whereabouts given by the Renter may be communicated on requisition of the judicial authorities.
7.3. Confidentiality
The Hirer commits himself not to sell the identity or whereabouts of the Renter to a third party . The data base of the Hirer may not be sold, nor rented , nor lended.
Article 8 - Responsability
8.1. Hirer's responsability
The Hirer's is limited, considereing the complexity of the world wide web and the number of web users at certain hours, to the hardware of the hosting platform and the software saved on the hosting platform servers.
Thus, the Hirer cannot be considered to be responsible of the speed of access to the Renter's website.
When the website was validated by the Renter, the latter expressed his agreement for the Content, for the Content presentation, for the Container allowing to achieve this result, and for the speed of access to his website too.
8.2. Renter's responsability
The Renter is responsible of looking after and to use propperly the logins and passwords the Renter will have given to him.
The Renter takes his full responsabilities when spreading his logins and passwords.
The Renter will have to take all the necessary protections of his own data and/or software against virus that could be found on the web.
The Renter is responsible of the choice of his second email account.
In the same way, the Renter is responsible of the choice of his domain name and of the Content of his website. He is publisher of this website as understood in law n° 86-1066 of September the 30th 1986 modified by law n° 2000-6 19 of August the first, 2000.
The Renter is the responsible of direct and indirect, material and immaterial damages caused to the Hirer by himself or one of his employees by the use of his email and agrees to indemnify the Hirer for every demand or condemnation the Hirer could be threatened of, and that could be sentenced against the Hirer, as soon as they would result form the Renter's Email use.
None of the parties may be hold responsible, or considered to have failed to respect the present general rental conditions for all delay or no accomplishment, when the cause for the delay or no accomplishment est linked to force majeure cause such as understood by jurisprudence.
As long as it will last, the case of force majeure does suspend the obligations resulting from the contract
Article 9 - Start and duration of the contract
The contract will start after the retractation time limit of the Renter, 6 days after the Hirer will have validated his website and paid his first annual rental to the Renter.
As long as the contract will last, the Hirer and Renter will be be submitted to the present general rental conditions.
Article 10 - Cancellation suspension
10.1 On the Hirer's initiative
The Hirer may terminate or suspend the contarct, without the Renter being entitled to ask him an indemnity, if the conditions expressed in the present contact and conditions of rental were repeatedly ignored and in particular if :
the Hirer happened to be informed by web users that the Renter did not respect the web rules of good behaviour, or use the web in a way that prejudiced other parties rights, or would not respect the good behaviour or the public order. ;
the Hirer was informed by eligible parties that the Renter copied and spread out data protected by a copyright ;
the Hirer would notice piracy acts or an attempt to use in illicit way informations spread out on the web made by the Renter.
if one of these possibilities did happen, the Hirer could terminate immediately the rental of the Renter's website, paying back the latter on a pro rata temporis basis.
If the Renter does nor renew his Rental before the birthday of the rental, the Hirer may terminate the hosting of the website, may close the Renter's email accounts, may terminate the registration of the domain name and may terminate all the other services or elements included in the package or as options.
10.2 On the Renter's initiative
The Renter has the possibility, every year, to terminate the contract by not renewing the rental before the birthday date of the beginning of the rental. One month before this day, the Renter will have received a mail, a fax or an email recalling to him when the bithday date is to come.
The Hirer may change the terms or conditions of the rental. The Hirer will then inform the Renter when he'll remçind him that time has come to renew the rental, one month before the birthday of the rental.
Article 12 - Price
12.1 The Package rental
The price of the package rental is 200 € per year.
12.2 The options rental
The price of different options is indicated below ::
- option 1 - More pages : 150 € for 10 pages more,
- option 2 - More updates : 15 € for each update more.
- option 3 - More email accounts : 10 € for 5 emails accounts more,
- option 4 - more domain names : 20 € for each domain nam more.
- option 5 - Scrolling page : 15 € each page.
- option 6 - Internal Search Engine : 15 €
The Renter will specify in the amendment to the Contract the options he chose.
12.3 Prices changes
The price was first establiched in 2005. It will change every 5 years according to the accumulated inflation rate in France, figure given by the INSEE.
Article 13 - Legal disputes
If anyone of the dispositions of this contract was declared null and void, in any way and for any reason whasoever, it would be considered that it was not written and it would not provoke the other dispositions to be null and void.
This contract obeys to French law. All contestations that might appear between the parties on the interpretation and/or the execution will be submitted, unless an amicable agreement, to the competent juriction of the Mende TGI, to the exception of the legal disputes with physical persons out of the commercial fiel, for which the competent juriction will apply.
