Terms and Conditions
of sale and use

Article 1: Purpose & contracts

These General Terms and Conditions of Sale and Use govern the framework within which Ouioweb provides the client with the service they have subscribed to. They are governed by French law (Art. 19). They may be supplemented by Specific Terms. Creating a client account on Ouioweb implies that the client has fully understood and accepted these General Terms and Conditions of Sale and Use.

No forbearance by Ouioweb in the performance of these terms may be construed as a waiver of the present terms or of any applicable specific terms. Pursuant to articles 1316 et seq. of the French Civil Code and, where applicable, article L.110-3 of the French Commercial Code, the parties agree that the information recorded in the client area and these general terms and conditions of sale shall prevail between them.

Article 2: Definitions and parties

• Ouioweb: Owner, publisher and full provider of the services covered by this contract and made available to the client. Ouioweb is a brand of Lelièvre Antoine.
• Client: Natural or legal person holding a client account, whether or not they use one or more services offered by Ouioweb.
• User: Any internet user connecting to and using the aforementioned site.
• Personal information: "Information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (article 4 of French Act no. 78-17 of 6 January 1978).
• The site: Ouioweb's website together with the services offered on it, such as hosting, domain names and digital products.

Article 3: Registration on Ouioweb

Once a person has successfully completed the account creation form on the registration page, they thereby accept these terms (Terms of Use, Terms of Sale and related policies) and become the holder of their account. The client undertakes to prove their identity and the accuracy of their contact details by providing supporting documents (identity card, passport, etc.).

After the account is created, the client receives an email acknowledging the opening of their account and containing the information required to log in. The client's personal data is processed for the purposes of performing the contract and complying with Ouioweb's legal obligations, under the conditions set out in the privacy policy. The client may at any time exercise the rights of access, rectification, erasure, restriction, objection and portability provided for by the GDPR.

A client under 18 years of age declares on their honour that they have obtained the agreement of at least one of their legal guardians before opening an account. Ouioweb reserves the right to carry out identity checks at any time. Should the client intentionally provide false or incomplete information, Ouioweb may suspend the service or services immediately, without notice and without refund.

Article 4: Term and renewal of contract

If the renewal price is not paid before the service or services expire, Ouioweb will be unable to renew them. The client is notified by email before the due date, then reminded after it. Seven days after that reminder, the data attached to the unpaid service may be permanently deleted. It is the client's responsibility to retrieve their data before that deadline expires.

Any renewal request made after a domain name has expired may result in delays and additional fees. The renewal price may be modified under the conditions set out in article 23, in particular to pass on a variation in the cost of domain name extensions or in exchange rates. Ouioweb reserves the right to terminate the contract at its expiry date if it considers that it may harm the proper functioning of its infrastructure.

Article 5: Right of withdrawal and refund

This article applies to clients who are consumers within the meaning of the French Consumer Code. Clients acting for business purposes have no right of withdrawal.

Pursuant to article L.221-18 of the French Consumer Code, consumer clients have fourteen days from the conclusion of the contract to exercise their right of withdrawal, without having to give reasons.

Request for immediate performance

Ouioweb services are activated as soon as payment is confirmed. When ordering, the client is invited to tick a box by which they expressly request that performance of the service begin before the end of the withdrawal period and acknowledge that they will lose their right of withdrawal once the service has been fully performed, pursuant to articles L.221-25 and L.221-28 1° of the French Consumer Code.

This box is not pre-ticked. Until the client ticks it, the service is not activated before the fourteen-day period has expired.

Effects of this request

• Fully performed service — domain name registration, completed migration, delivered installation: the right of withdrawal is lost as soon as performance is complete and no refund is due.
• Service still being performed — hosting, VPS, maintenance and more generally any service billed periodically: a client who withdraws within the fourteen-day period remains liable for the amount corresponding to the service actually provided up to the date of withdrawal, calculated pro rata to the time elapsed. The balance is refunded to them.

Procedure

The withdrawal request is sent from the client area or by registered letter with acknowledgement of receipt to the registered office. The refund is made within fourteen days of receipt of the request, using the payment method used when ordering, unless the client expressly agrees to a credit note.

Domain names are covered by article 6 below. No refund may be claimed on the grounds of misuse of the service or of a suspension imposed under the conditions set out herein.

Model withdrawal form

The client may use the model below, which complies with the annex to article R.221-1 of the French Consumer Code. Its use is not mandatory: any unambiguous statement is sufficient.

Article 6: Right of withdrawal for domain name purchase

Since the choice of a domain name is specific to the client, both as regards the name and the extension selected, the client acknowledges that this domain name constitutes goods made to order or, at the very least, clearly personalised. Consequently, the client has no right of withdrawal under the contract, pursuant to article L.221-28 3° of the French Consumer Code.

Article 7: Client liability

The client is solely responsible for the content hosted on the services made available by Ouioweb. Where the client acts for business purposes, they indemnify Ouioweb against any third-party claim relating to the data or information they host, and bear the resulting defence costs and awards. Consumer clients are liable for damage caused by the content they publish under the general law, without this clause extending their liability beyond that.

The client undertakes to treat the people working at Ouioweb with respect. Failing that, the client will no longer be entitled to assistance from support and risks having their services suspended without notice. Any harassment, spam or threat directed at a client, a third party or a member of staff will result in services being deleted or suspended without notice.

The client undertakes not to send bulk messages (SPAM) to people who do not wish to receive them. The client is solely responsible for the use of their password and undertakes to keep it secret. Ouioweb is not liable for the consequences of a disclosure or loss of the password attributable to the client, except where Ouioweb is at fault.

Article 8: Ouioweb commitments

Ouioweb will, as far as possible, notify the client within a reasonable time of any interruption to the service. Ouioweb undertakes to use reasonable means to keep its services accessible 7 days a week and 24 hours a day. This is an obligation of means, not of result. Ouioweb may interrupt access, in particular for maintenance or for any other technical reason.

Ouioweb reserves the right to interrupt a service where it endangers the upkeep of its platform. Ouioweb also reserves the right to block a person from its entire infrastructure in the event of a DDoS attack, for a limited or unlimited period.

Backups

A daily backup of hosting plans is included in the subscription at no extra cost. Ouioweb undertakes to use reasonable means to perform it and to restore data at the client's request: here too, this is an obligation of means, not of result.

A backup may fail, be incomplete or prove unusable, in particular in the event of a hardware incident, corruption of the source data, or deletion occurring before the most recent available backup. Ouioweb therefore does not guarantee the completeness, integrity or restorability of any given backup, and clients are strongly advised to keep their own copies of their data.

Ouioweb's liability for a loss of data may be engaged only where it has failed to meet this obligation of means, and is then limited to the sums paid by the client for the service concerned over the last twelve months. This limitation applies neither in the event of gross negligence or wilful misconduct, nor in any case where the law prohibits it.

Article 9: Hosting services

For hosting plans, the following content and activities are prohibited, in particular:

• Files subject to intellectual property law without a distribution agreement.
• P2P links whose content is subject to intellectual property law.
• Abusive, defamatory, racist, xenophobic or child-pornographic files, and the like.
• Files inciting discrimination or the commission of any offence.
• Any unlawful content that does not comply with applicable law.
• Any content intended for phishing.
• Any content hosting backups of other services.
• Any content hosting videos, photos or bulk files.
• Pro-terrorism sites and excessively violent subject matter.
• Sites relating to content sharing, video streaming or film transfers.
• Torrent transfers, seedboxes, bulk file transfers.
• Peer-to-peer software.
• Use of server resources for cryptocurrency mining.
• Adult sites (pornography, bestiality, necrophilia, paedophilia, and the like).

Sending emails through Ouioweb services is limited to 20,000 sends per day where an automated mechanism is used. Sending unsolicited email (SPAM) is strictly prohibited and may result in the immediate closure of the account concerned, without notice.

Article 10: Hosted services restrictions

In order to avoid saturating the servers, you must not:

• Consume excessive resources in a way that affects other clients' services.
• Run any process requiring more than 2.5 GHz of CPU, more than 32 GB of RAM, more than 420 consecutive seconds of CPU time, or using more than 90% of a physical server's resources.
• Run server-side programs or daemons (IRCD, and the like).
• Consume more than 10,000 pps on the server's network interface.
• Store a file larger than 30 GB, or create a directory containing more than 20,000 files.
• Use more than 500,000 inodes on a single web hosting space.
• Run software connected to an IRC network (eggdrops, and the like).
• Use the services as a direct or indirect backup solution.

Subletting shared web hosting space is strictly prohibited. It will result in suspension and then deletion of the account concerned.

Article 11: Unlimited storage offers

Plans described as "Unlimited" provide disk space of up to 500 GB per account. This threshold is indicative; any overrun is tolerated on request to the host. Using the quota to store backups or bulk photos and media is prohibited on all plans unless Ouioweb has given prior written agreement. Any abuse will result in termination without notice where it affects other clients' services or the integrity of the server.

Article 12: Service delivery

Ouioweb will use all due care to deliver the services ordered within a maximum of 72 working hours after the invoice has been paid. Factors beyond Ouioweb's control may cause delays to final delivery.

Article 13: Hosted content

Ouioweb is in no way responsible for the files hosted on its servers; the client alone is responsible. Ouioweb does not accept sites that are defamatory or pornographic, that contain unlawful data or copyrighted documents, that constitute threats or that offend public decency. Ouioweb reserves the right to claim compensation for any loss suffered, and to suspend the service in the event of copyright infringement.

Article 14: Payments and disputes

Before raising any dispute with a payment provider or a debt collection agency, the client is invited to contact Ouioweb in order to seek an amicable solution, by ticket from their client area, by email or by registered letter with acknowledgement of receipt. This step is a recommendation: it does not deprive the client of any of the rights they hold under their payment contract, and in particular of the ability to dispute a transaction with their bank.

In the event of late payment, penalties calculated at the statutory interest rate accrue automatically from the day after the due date, without any reminder being necessary.

Where the client acts for business purposes, the flat-rate collection fee of forty euros provided for in article L.441-10 of the French Commercial Code also applies, together with, on production of evidence, the collection costs actually incurred where they exceed that amount. This fee does not apply to consumer clients.

Bank charges actually borne by Ouioweb as a result of an unjustified chargeback may be passed on to the client, on production of evidence of their actual amount.

Article 15: Service modifications

Ouioweb may change the technical characteristics of its services for reasons relating to security, to the evolution of the technologies used, or to a constraint imposed by a supplier or by law. Where the change is substantial and unfavourable to the client, it is notified to them by email at least thirty days before it takes effect; the client may then terminate the service concerned without charge or penalty, and obtains a refund pro rata to the period already paid for and not used.

Ouioweb may terminate a service or close an account at the expiry of the contract, subject to thirty days' notice, or immediately in the cases of breach set out in article 16.

Article 16: Breach of contract

Ouioweb reserves the right to suspend temporarily or permanently, or even to terminate, the client's services in the event of a breach of these terms. The account will be automatically terminated as of right without notice, without delay and without prejudice to any damages due to Ouioweb. Ouioweb also reserves the right to close access to the services without notice in the event of a DDoS attack exploiting the resources made available by Ouioweb.

Article 17: Contract amendments

Ouioweb may amend these terms. Any amendment is notified to the client by email at least thirty days before it takes effect, and the applicable version is dated on this page.

A client who refuses the new version may terminate their services without charge or penalty before that date, by writing to contact@ouioweb.com or from their client area. They then obtain a refund pro rata to the period already paid for and not used. Refusing an amendment does not constitute a breach of contract. Failing termination before the effective date, the new version applies.

Article 18: Support and claims

For any problem or question, the client may contact Ouioweb support by telephone, Discord, live chat, email or support ticket. In the event of insults and/or harassment, Ouioweb reserves the right to suspend the client's access to support temporarily or permanently.

Support primarily handles troubleshooting for incidents affecting clients' services. It may also provide advice. The client is solely responsible for configuring their services; assistance may be charged separately.

Legal guarantee of conformity

The hosting, email and other digital services supplied by Ouioweb are covered by the legal guarantee of conformity provided for in articles L.224-25-12 et seq. of the French Consumer Code. Where the service does not conform to what was announced, consumer clients may require it to be brought into conformity free of charge and, failing that, obtain a price reduction or rescission of the contract.

This guarantee is independent of any commercial warranty and of these terms, which may not reduce its scope.

Article 19: Applicable law

These terms and Ouioweb's services are governed by French law.

Where the client is a consumer residing in another Member State of the European Union, this choice may not deprive them of the protection afforded by the mandatory provisions of the law of their country of residence, and they retain the right to bring proceedings before the courts of that country.

In all other cases, and after an amicable solution has failed, the French courts shall have sole jurisdiction.

Article 20: Service availability

Ouioweb will use all due care to ensure optimal availability of its services. Exceptional interruptions or outages may nevertheless occur in the course of operations.

Article 21: Free and trial hosting offers

Ouioweb makes free hosting plans available. The client undertakes to hold only one subscription of this type. Otherwise, all the accounts concerned will be deleted. Ouioweb will periodically email clients who have ordered this type of plan in order to remove inactive accounts. Users must reply to these emails to confirm that their account is still in use.

Article 22: Service duration

The duration of the services is chosen by the client when ordering. Unless the client states otherwise, the services are tacitly renewed for a period equal to the initial period.

Information about renewal

Pursuant to article L.215-1 of the French Consumer Code, Ouioweb informs consumer clients by email, no earlier than three months and no later than one month before the cancellation deadline, that they may choose not to renew their contract. Where this information has not been sent within that period, the client may terminate the contract free of charge at any time from the renewal date, and sums paid after that date are refunded to them.

Termination

The client may terminate their services at any time, without charge or penalty, either from the termination button available in their client area or by email to contact@ouioweb.com. Termination takes effect at the end of the current period, which has already been paid for and remains due.

The online termination feature provided for in article L.215-1-1 of the French Consumer Code is available from the client area, without having to contact support.

Article 23: Pricing and billing

All prices are inclusive of tax and payable in the currency chosen by the client, including euros. The price of a service is not revised during the current period, which has already been paid for. It may be revised for subsequent periods: the client is then informed by email at least thirty days before the payment concerned, and may terminate free of charge before that date if they do not accept the new rate.

The payment methods available are: bank transfer, Visa, MasterCard, PayPal and Stripe. Services renew automatically by default. In the event of non-payment, hosting content is deleted 7 days after the due date. Credits held on a client account correspond to sums already paid: they remain usable across all services and may be refunded on request, less any services already provided.

Article 24: Mediation for individual clients

Pursuant to articles L.616-1 and R.616-1 of the French Consumer Code, our company has set up a consumer mediation scheme. The mediation body appointed is: CNPM – MÉDIATION – CONSOMMATION. In the event of a dispute, you may submit your claim on its website or by post: