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Last updated on May 14, 2020
ARTICLE 1: OBJECT
ARTICLE 2 - OBLIGATIONS OF OXAHOST
ARTICLE 3 - LIABILITY OF OXAHOST
ARTICLE 4 - CUSTOMER OBLIGATIONS AND RESPONSIBILITY
ARTICLE 5 - TECHNICAL SUPPORT
ARTICLE 6 - EXECUTION, PRICES AND PAYMENT
ARTICLE 7 - TERMINATION, LIMITATION AND SUSPENSION OF SERVICE
ARTICLE 8 - OPERATING CONDITIONS
ARTICLE 9 - CONFORMITY OF THE SERVICE
ARTICLE 10 - TOLERANCE
ARTICLE 11 - PERSONAL DATA
ARTICLE 12 - RIGHT OF WITHDRAWAL
ARTICLE 13 – MODIFICATION
ARTICLE 14 - GENERAL PROVISIONS
ARTICLE 15 – PROVISIONS SPECIFIC TO DOMAIN NAMES
ARTICLE 16 – SPECIFIC PROVISIONS FOR SHARED HOSTING
ARTICLE 17 – PROVISIONS SPECIFIC TO VPS
ARTICLE 18 - APPLICABLE LAW
ARTICLE 19 - ATTRIBUTION OF JURISDICTION
These general conditions of sale (hereinafter the " GTC ") and all other documents posted on the site www.oxahost.tn form an electronic contract under the terms of law n ° 2000-83 of August 9, 2000, relating to exchanges and electronic commerce, between:
OXAHOST SARL, a company incorporated under Tunisian law with a capital of two hundred and ninety thousand Tunisian dinars (290,000 DT) whose tax number (MF) is 1550168/A/M/000, and registered in the commercial register (RC) under No. B0318802018. Its registered office is located at Complexe Résidence B12 Immeuble Galerie du Lac, Rue du Lac Biwa, Tunis, 1053 Les Berges du Lac 1, represented by its manager Mr. Tarek MNAKBI, hereinafter referred to as “ OXAHOST ”.
The customer : any natural or legal person, private or public entity, acting as an individual or professional, who orders from OXAHOST a service(s) or/and a product(s), hereinafter referred to as the “ Customer ”.
On the other hand.
OXAHOST and the Customer are together referred to as the “ Parties ”.
These GCS are generally applicable to all the services provided, hereinafter referred to as " Service " by OXAHOST, to the exclusion of all other services, not mentioned in this contract, provided with special conditions.
The placing of the order implies your express, full and complete acceptance of these GCS.
The Customer solemnly acknowledges having the capacity to commit to this contract and having verified the adequacy of the Service chosen for his needs.
OXAHOST cannot be held to any guarantee in this regard. The Customer declares to have received from OXAHOST, all the information and all the advice that was necessary for him to subscribe to this commitment in full knowledge of the facts.
These T&Cs may be modified at any time by OXAHOST. The latest version of the GCS can be found at the address of the Website www.oxahost.tn .
ARTICLE 1: OBJECT :
The purpose of these T&Cs is to define the conditions, in particular technical and financial, under which OXAHOST sells a Service to the Customer.
ARTICLE 2 - OBLIGATIONS OF OXAHOST:
OXAHOST undertakes to provide all the care and diligence necessary for the provision of a quality service in accordance with the practices of the profession and in accordance with the rule of the art.
In any case, and subject to contrary stipulations, OXAHOST only responds vis-à-vis the Customer to an obligation of means.
OXAHOST cannot be held responsible for any malfunction affecting the Internet network or any reduction or interruption of access to the servers linked to any maintenance operation on the latter.
OXAHOST does not carry out any specific backup of the hosted data. It is therefore the Client's responsibility to take all necessary measures to safeguard its data in the event of loss or deterioration of the data entrusted, whatever the cause, including any cause not expressly covered by these T&Cs.
ARTICLE 3 - LIABILITY OF OXAHOST:
1/ The responsibility of OXAHOST will not be engaged in the following cases:
- If the performance of the contract or of any obligation incumbent on OXAHOST under these GCS is prevented, limited or disturbed due to unforeseeable, irresistible events outside its control, such as, for example, hardware or software failure , fire, explosion, failure of transmission networks, collapse of facilities, epidemic, earthquake, flood, blackout, war, embargo, law, injunction, request or demand of any government, strike, boycott withdrawal of authorization of the telecommunications operator, or other circumstance beyond the reasonable control of OXAHOST (hereinafter referred to as a " Cases of Force Majeure "). In this case, OXAHOST, subject to prompt notification to the Customer, will be exempted from the "execution of its obligations within the limit of this impediment, limitation or disturbance, and the Customer will be in the same way exempted from the execution of its obligations insofar as this execution would be also prevented, limited or disturbed, provided that the party thus affected makes its best efforts to avoid or remedy such causes of non-performance and that the two Parties proceed promptly once such causes have ceased or been removed. The party affected by a Case of Force Majeure must keep the other party regularly informed by e-mail of the forecasts for the removal or reestablishment of this Case of Force Majeure. If the effects of a Case of Force Majeure were to last longer than thirty (30) days, from the notification of the Case of Force Majeure to the other party, the contract could be terminated automatically at the request of either party, without right to compensation on either side. else,
- Due to the Customer, in particular in the following cases: deterioration of the application, misuse of the terminals by the Customer or by its customers, fault, negligence, omission or failure on its part, non-compliance with the advice given, disclosure or illicit use of the password given confidentially to the Customer,
- Negligence or omission by a third party over which OXAHOST has no power of control or supervision,
- Request for temporary or permanent interruption of the Service from a competent administrative or judicial authority, or notification of abuse by a third party holder of rights, including intellectual property rights,
- Partial or total destruction of information transmitted or stored following errors directly or indirectly attributable to the Customer.
2/ The reparations owed by OXAHOST 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 such as, in particular, commercial damage, loss of orders, damage to brand image, any commercial disturbance, loss of profit, loss of data, loss of profits or customers (for example, inappropriate disclosure of confidential information concerning them as a result of defect or hacking of the system, action by a third party against the Customer, etc.).
3/ In any case, the amount of damages that could be charged to OXAHOST, if its civil liability were engaged, will be limited to the amount of the sums actually paid by the Customer to OXAHOST for the period considered or invoiced to the Customer by OXAHOST or the amount of sums corresponding to the price of the service, for the part of the Service for which OXAHOST is liable. The lower of these sums will be taken into consideration.
As part of a free offer, no amount of compensation can be claimed and no action can be brought against OXAHOST.
4/ The Customer undertakes to seek the contractual liability of OXAHOST only in the event of a serious and proven breach of one of its substantial obligations, with a view to repairing direct damage. In any case, OXAHOST will in no way be liable for any indirect or immaterial damage, whatever it may be, possibly suffered by the Customer, and in particular for any financial or commercial damage, loss of profit, loss of profits, loss of data, even if OXAHOST has been informed of the possibility of such loss or damage.
In any case, in the event of non-performance by OXAHOST of one of its essential obligations, its civil liability will be limited to the foreseeable damage within a ceiling set by the professional civil insurance to which OXAHOST has subscribed.
5/ The Client acknowledges that no stipulation herein shall release him from the obligation to pay all amounts due to OXAHOST for the services provided.
ARTICLE 4 - CUSTOMER OBLIGATIONS AND RESPONSIBILITY:
1 / The Customer declares to have the power, authority and capacity necessary for the conclusion and performance of the obligations provided for in these GCS.
The Customer undertakes to communicate to OXAHOST, when creating his customer account and each time it is modified, his exact and updated billing details.
The Customer undertakes to inform OXAHOST, through the Customer Space (My account), made available to him, within 48 hours of any modification concerning his situation, and within 24 hours of any possible loss of passwords.
The Customer acknowledges that he operates the Services under his own and sole responsibility. He affirms that he will not use the Services for purposes of violation of the laws and regulations in force.
The Customer undertakes to comply with all the legal and regulatory requirements in force, and in particular those relating to the protection of personal data and intellectual property, as well as the rights of third parties. The Customer undertakes in particular to make any declaration of personal data processing to the National Authority for the Protection of Personal Data (INPDP).
Customer"s webspace shall be used solely for the operation of a typical website. The use of webspace for online backups, as a file storage / mass memory or to provide downloads mass is prohibited.
The Customer undertakes to prevent the design and consultation of his website from causing an exceptional load on the servers, for example by CGI or other scripts, which require a large computing capacity or which require a large memory space. OXAHOST reserves the full right to unilaterally delete Web pages that do not comply with these requirements. OXAHOST will notify the Customer as soon as possible of the application of such a decision.
The Customer undertakes not to host, offer or distribute illegally:
- Works, objects, files or data protected by copyright or related rights, or industrial property rights (trademarks, designs and models and patents),
- The commissioning of so-called " peer - to-peer " servers or download platforms, the distribution in continuous flow ("streaming") or any other act by which works, objects, files or data protected under copyright or related rights could be made available to third parties and shared illegally is also prohibited. The implementation and provision of hypertext links leading to sites offering " peer - to-peer " downloading , downloading or streaming services or any other act by which works, objects, files or data protected by copyright or related rights could be made available to third parties and shared illegally are also prohibited. In the event of non-compliance by the Customer with the obligations imposed on him under this paragraph, OXAHOST reserves the right to block access to the Web space or to disconnect the server ur of the network, to suspend its services without further notification and if necessary to terminate the said contract.
The Customer also undertakes to take out all the necessary insurance with a reputably solvent organization to cover any damage that may be attributable to it under this contract or its execution. The Customer declares to fully accept all legal obligations arising from the performance of its services vis-à-vis third parties, OXAHOST cannot be sought or worried in this regard for any reason whatsoever, in particular in the event of violation of laws or regulations. applicable to the Customer's services.
The Customer, for any contact with OXAHOST, undertakes to formulate his request clearly, according to the rules of use.
2/ The Customer undertakes to pay directly to the author of the complaint of abuse any sum that the latter may require from OXAHOST. In addition, the Customer undertakes to intervene at the request of OXAHOST in any proceedings brought against the latter as well as to guarantee OXAHOST against all convictions which may be pronounced against it on this occasion, on any basis whatsoever, as well as the legal costs advanced by OXAHOST.
Consequently, the Customer agrees to make his personal business of any claim and / or procedure whatever the form, the object or the nature which would be formed against OXAHOST and which would be attached to the obligations incumbent on the Customer under this contract.
3/ The Customer is required to reimburse OXAHOST for the costs claimed by the “ Registrar ” for the modification of his personal data.
4/ The Customer is required to make backups whenever he or one of his delegates has modified data on OXAHOST's Web servers. This backup must be recorded on a medium other than the said server.
In particular, the Customer must back up all data before OXAHOST does any work as well as before the installation of hardware or programs provided by OXAHOST. The Customer is always required to test any tool or program provided to verify its conformity, the absence of defects and its compatibility with its environment before proceeding to its actual use. These obligations are also applicable to the programs which will be delivered to the Customer in within the framework of OXAHOST's warranty and maintenance.The Customer expressly acknowledges having been informed of the fact that even minor modifications to the programs may render the entire system unusable.
5/ Failure by the Customer to comply with the points referred to above and the points referred to in the special conditions, and in particular the performance by the Customer of any activity likely to incur its civil and/or criminal liability, will entitle OXAHOST to disconnect and/or interrupt the Customer's services without delay and without prior notice and immediately and automatically terminate the contract, without prejudice to the right to any damages that OXAHOST may claim.
ARTICLE 5 - TECHNICAL SUPPORT:
OXAHOST provides the Customer with technical support:
• From its Customer Area (My Account) available on the site www.oxahost.tn ,
• Or by telephone at the telephone numbers provided on the site www.oxahost.tn .
1/ Creation of the customer account
For any Service order with OXAHOST, the Customer must create a customer account including their exact and up-to-date contact details and/or banking information. OXAHSOT reserves the right to verify the customer's contact details before validating the activation of his account, in particular by requesting a photocopy of the Customer's identity document/Passport/Patent/Commercial register.
Access to the customer account is achieved using an identifier and a confidential code (password) allowing the Customer to identify himself to OXAHOST and to carry out various operations directly (new domain name registration requests, technical interventions on domain names already registered, management of the hosting account, etc.).
Any instruction received by OXAHOST and containing the Customer's username and password is deemed to have been passed personally by the Customer. OXAHOST cannot be held responsible for any fraudulent use of these identifiers.
The Customer is solely responsible for the management of his identifier and the password(s) necessary for the use of the Service. OXAHOST declines all responsibility for any illicit or fraudulent use of the identifiers and passwords made available to the Customer. providing usernames and passwords is done on a confidential basis.
Any suspicion of a disclosure, intentional or not, of the identifiers and/or passwords provided by OXAHOST, engages the sole responsibility of the Customer to the exclusion of that of OXAHOST. The Customer alone will bear the damages and consequences of the malfunction of the service resulting from any use, by members of its staff or by any person to whom the Customer has provided his password(s). Similarly, the Customer alone bears the consequences of the loss or disclosure of the aforementioned password(s).
In all cases of loss or theft of the username and/or password, the Customer must inform OXAHOST without delay so that a modification of his password can be made.
2/ Confirmation of the order
OXAHOST acknowledges receipt without delay to the Customer, except in Cases of Force Majeure, by e-mail, of the order form and the payment made, and informs him of the implementation of the Service ordered under the conditions described below.
3/ Execution of the order
The provision of the Service occurs after activation of the customer account by OXAHOST under the conditions described in article 5/1 and within a maximum period of fourteen (14) days from the effective payment of the order form by the Customer.
The effective payment is made when the sums corresponding to the Service are credited to the OXAHOST account, regardless of the means of payment used.
After this period and in the absence of provision of the Service by OXAHOST without justification, excluding a Case of Force Majeure, the Customer is entitled to request the cancellation of the transaction and the reimbursement of the sums already paid.
The rates in effect for the various services offered by OXAHOST are available online on its Website: www.oxahost.tn .
The services or services ordered are mentioned in the order form; they include all taxes at the rate of 19% (unless otherwise indicated) and a tax stamp of six hundred millimes (0.6 DT) and are payable in Tunisian dinars.
Please note that the VAT rate applicable to the services ordered by the Customer may be different, depending on the location of the taxable transaction. establishment of the Customer, in the order summary and on the invoice.
OXAHOST reserves the right to modify its prices at any time (in particular according to any variations imposed by the registrars, monetary parities), subject to informing the Customer by e-mail or by an online warning on the Website www.oxahost.tn , at least one (01) month in advance. In this case, the Customer will have from this information a period of one (01) month to terminate this contract without penalty by registered mail with acknowledgment of receipt addressed to the registered office of OXAHOST. Failing this, the Customer will be deemed to have accepted the new prices. The price changes will be applicable to all contracts and in particular to those in progress.
OXAHOST reserves the right to pass on, without delay, any new tax or any increase in the rate of existing taxes or tax stamps.
The services provided by OXAHOST are payable when ordering. The Customer is solely responsible for payment of all sums due under the OXAHOST service contract. at the end of any sum due under the contract will automatically and without prior notice entail:
• The immediate payment of all sums remaining due by the Customer under the contract, regardless of the method of payment provided,
• The suspension of all services in progress, whatever their nature, without prejudice to OXAHOST using the right to terminate the contract,
• The impossibility of subscribing to new services or renewing existing services.
Any disagreement concerning invoicing and the nature of the services must be expressed by registered mail with acknowledgment of receipt, within one (01) month after issue of the order form.
In the event that costs are advanced by OXAHOST, the latter will inform the Customer and provide him with the supporting documents and the corresponding invoice. The Customer must then pay the amount due in Tunisian dinars.
5/ Billing and payment
The Customer expressly accepts that the invoice covering the Services be sent to him electronically. If he wishes, the Customer can contact OXAHOST's customer service so that he can be sent a paper invoice. A copy can be printed by the customer on the OXAHOST website ( www.oxahost.tn ) in a secure session.
Payment is made online by credit card, in cash, by bank check or by bank transfer at the time of conclusion of the contract.
If, when ordering, the Customer opts for payment by credit card, he will communicate a certain amount of information relating to his credit card to a secure third-party online payment terminal. OXAHOST does not collect or save any data relating to the Customer's bank cards.
It is up to the Customer to choose the method of payment adapted to the service ordered and its execution time.
OXAHOST is entitled to activate a domain name only after payment of the sums due for registration (registration fees and OXAHOST fees).
6/ Late payment and unpaid
As part of the renewal of the Customer's Service, and in the event of a delay in payment of more than fourteen (14) days, OXAHOST shall be entitled to suspend the Customer's Service without delay.
The Customer can only regularize his situation during the fourteen (14) days following the due date during which OXAHOST can guarantee the retention of data and the possibility of reactivating the unpaid Service.
The duration of the Service is that provided for in the order. The data will be erased fourteen (14) days after the expiry of the Service.
OXAHOST undertakes to carry out, at least, one (01) reminder by e-mail before the expiration of the Service. Any action by the Customer vis-à-vis OXAHOST, for any reason whatsoever, will automatically result in the suspension of the Service and the immediate termination of the contract, without the right to compensation of any kind whatsoever for the benefit of the Customer.
At the expiration of the contract object of the present, OXAHOST is authorized to release the domain name. All the rights of the Customer on and relating to the domain name will expire at the latest at the time of the release of the domain name and the data will be removed.
8/ Service Renewal
OXAHOST will notify the Customer by means of e-mails addressed to the Customer's contact (e-mail address to be kept up to date, under the responsibility of the Customer) before the expiry date, of the obligation to pay the price for the renewal of the Service, when this is possible.
Any non-payment or irregular payment, that is to say, in particular, of an incorrect amount, or incomplete, or not including the required references, or made by a means or a procedure not accepted by OXAHOST, will be purely and simply ignored and will cause OXAHOST to reject the application for registration or renewal.
Regarding a renewal paid by check, it is up to the Customer to request the renewal with sufficient time so that the check is actually received and processed by OXAHOST before the Service expires.
OXAHOST cannot be held liable in the event of non-renewal of a service following a payment not honored or not regularized by the Customer.
The Customer is expressly informed and accepts that in the event of non-compliance with the preceding provisions, the Service will be immediately suspended on its expiry date, with a grace period of fourteen (14) days. At the end of this period, all the data will be automatically erased by OXAHOST.
OXAHOST will not keep any data beyond this period. It is therefore up to the Customer to make all the necessary backups.
9/ Satisfied or refunded
This so-called "satisfied or refunded" guarantee can only be used once by the Customer, regardless of the type of goods and services subscribed. In accordance with law n ° 2000-83 of August 9, 2000, relating to exchanges and to e-commerce, the Customer may terminate his hosting contract (Shared/VPS) during the first sixty (60) days free of charge and without giving any reason from his Customer Area (My Account).
Article 32 of the said law expressly excludes “( …) products made according to personalized characteristics…”, namely domain names and any other goods or services configured to measure or personalized. Domain names are therefore not refundable under any circumstances.
The Customer cannot benefit from the "satisfied or refunded" guarantee if his contract generates a commitment of duration, unless the conditions of the offer expressly provide for it.
ARTICLE 7 - TERMINATION, LIMITATION AND SUSPENSION OF SERVICE:
1/ The contract is automatically terminated upon expiry. It can be renewed from the Website www.oxahost.tn , subject to payment by the Customer of the corresponding price, under the conditions provided for in Article 6.
2/ Each party may terminate the contract automatically and without compensation in the event of Force Majeure lasting more than thirty (30) consecutive days by registered letter with acknowledgment of receipt.
3/ The Customer is free to terminate the contract before the expiry date by respecting a minimum notice of thirty (30) days and by notifying its decision to terminate the contract by registered letter with acknowledgment of receipt.
Registered mail with acknowledgment of receipt must be sent to the following address:
The Customer cannot claim reimbursement by OXAHOST of sums already paid as reimbursement.
4/ In all other cases of breach by one of the Parties of one or other of its obligations under the contract not repaired within seven (07) days from either an e-mail sent by the complaining party notifying the breaches in question, or by any other form of authentic notification sent by the said Party, the contract will be terminated automatically, without prejudice to any damages that may be claimed from the defaulting party. The date of notification of the letter containing the breaches in question will be the date of the postmark, when the letter is first presented.
5/ OXAHOST reserves the right to interrupt the Customer's Service if this Service constitutes a danger for maintaining the security or stability of the OXAHOST hosting platform. As far as possible, OXAHOST will inform the Customer beforehand.
If necessary, OXAHOST reserves the right to interrupt the service to carry out a technical intervention, in order to improve its operation or for any maintenance operation. These interventions are not included in the availability rate displayed on the Website.
ARTICLE 8 - OPERATING CONDITIONS:
The Customer hereby acknowledges that fluctuations in bandwidth and the vagaries of the Internet network are unforeseeable technical elements that may lead to discontinuity in the services offered by OXAHOST, without giving rise to reimbursement or compensation for its benefit.
In addition, the service is restricted, limited or suspended as of right by OXAHOST:
• If it appears that the Customer is using the services provided to him for an activity, whatever it may be, which does not comply with the laws and regulations and/or with these general conditions, and/or with the specific applicable provisions,
• If OXAHOST receives a notice to this effect notified by a competent, administrative, arbitral or judicial authority, in accordance with the appropriate applicable laws, or by a third party, when the character reported appears to be illicit or likely to engage the responsibility of OXAHOST ,
• If the contact details indicated in the customer account appear false, inaccurate or out of date.
ARTICLE 9 - CONFORMITY OF THE SERVICE:
The Customer acknowledges having verified the adequacy of the Service to his needs and having received, through the Website from OXAHOST all the information and advice it needed to subscribe to this commitment knowingly.
OXAHOST reserves the right to monitor compliance with the conditions of use of the service.
ARTICLE 10 - TOLERANCE:
The fact that OXAHOST does not avail itself at a given time of a stipulation of these GCS and/or tolerates a breach by the Customer of any of the obligations referred to in these GCS cannot be interpreted as a waiver by OXAHOST of subsequently avail itself of any of the said stipulations or obligations.
ARTICLE 11 - PERSONAL DATA:
OXAHOST informs the Customer that the personal data that he communicates to OXAHOST within the framework of the Service is recorded, in compliance with organic law n°2004-63 of July 27, 2004 relating to the protection of personal data and Decree No. 2007-3004 of November 27, 2007 setting the conditions and procedures for declaration and authorization for the processing of personal data.
The processing of personal data of OXAHOST customers has been declared to the National Authority for the Protection of Personal Data (INPDP).
You have at any time a right to access, rectify, modify and delete personal data concerning you if they are inaccurate, incomplete, ambiguous or outdated.
You also have the right to object, for legitimate reasons, to the processing of personal data concerning you. Such opposition will, however, make it impossible for OXAHOST to perform the Service.
You can exercise these rights by sending a letter accompanied by proof of identity to the following address:
Data Protection Department
The data transmitted by the Customer is kept during the execution of the Service until the closure of the customer account. OXAHOST prohibits any disclosure to third parties and resale of personal data relating to the Customer, subject to contrary stipulations in the special conditions. Only OXAHOST subsidiaries can also access it.
The data transmitted by the Customer is kept for the legal time necessary for the administration of proof.
The Customer also acknowledges that OXAHOST may be required to communicate its information at the request of administrative, regulatory or judicial authorities.
OXAHOST informs the Customer that the protection of personal data cannot be total in an open network such as the Internet. Other Internet users may in particular, if necessary, be able to disrupt the security of the network and control certain exchanges of information. The Customer is solely responsible for the data he owns, as well as data transmitted via the Internet and stored on Web servers.
ARTICLE 12 - RIGHT OF WITHDRAWAL:
The Customer, when he is a consumer within the meaning of Tunisian law, is expressly advised that he has a period of ten (10) days to exercise his right of withdrawal from OXAHOST concerning the provision of the Services.
Within this period, a full refund of the sums incurred can be made by OXAHOST to the customer.
The Customer will be reimbursed by bank transfer within thirty (30) days of receipt of his request.
The request must be made by registered mail accompanied by proof of identity of the account holder, or by e-mail from the Customer area (My account) where the service subject to the request is managed.
Are excluded from the right of withdrawal, contracts for the supply of goods made to measure or clearly personalized at the request of the customer. Are subject to certain conditions, contracts for the supply of software, for which the right of withdrawal can only be exercised when the product has not yet been "unsealed", i.e. the packaging has remained intact, and contracts for the provision of services which can only be interrupted if their execution has not yet begun (for example the reservation of domain names).
The Customer expressly acknowledges that he cannot exercise his right of withdrawal on the registration of the domain name already ordered. This right cannot be exercised by the Client either when renewing the registration.
The customer acknowledges expressly accepting that the execution of the service provided by OXAHOST begins upon validation of his full payment. The services whose execution has begun, with the agreement of the consumer, before the end of the withdrawal period, are excluded from the right of withdrawal.
Another document called "Satisfied or Refunded" available on the Website www.oxahost.tn may extend the withdrawal period for certain Services.
ARTICLE 13 – MODIFICATION:
The T&Cs and special conditions online prevail over the T&Cs and special conditions printed.
The Parties agree that OXAHOST may, as of right, modify its Service without any other formality than to inform the Customer thereof by an online warning and/or to make its modifications in the online T&Cs.
The nullity of one of the clauses of the GCS, in particular in application of a law, a regulation or following a decision of a competent court which has become final will not result in the nullity of the other clauses. of the T&Cs, which will retain their full effect and scope. In this case, the Parties must, as far as possible, replace the canceled provision with a valid provision corresponding to the spirit and object of the GCS.
The titles of the articles of the GTC are for the sole purpose of facilitating references and do not have, by themselves, a contractual value or a particular meaning.
3/ Special Conditions and Appendices
The special conditions and any annexes are incorporated by reference to the GCS and are inseparable from the said GCS. All of the documents incorporated into this contract by reference can be consulted by the Customer at the addresses indicated on the Website. These documents are also subject to modification or development.
For any exchange of information by e-mail, the date and time of the OXAHOST server will prevail between the Parties. This information will be kept by OXAHOST for the entire period of the contractual relationship.
All notifications, communications, formal notices provided for by the GCS will be deemed to have been validly delivered if they are sent by registered letter with acknowledgment of receipt to:
• For the Customer: to the postal address and/or e-mail that he provided to OXAHOST.
5/ Advertising and promotion
OXAHOST may, on the occasion of advertising, events, in conferences and specialized publications on the professional markets, avail itself of the services provided to the Customer as well as on its commercial documents, website and/or its brochure.
ARTICLE 15 – SPECIFIC PROVISIONS FOR DOMAIN NAMES:
1/ OXAHOST informs the Customer that the domain names are allocated for use to the eligible party who is the first to have sent his request to the Registration Unit ( Registrar ), according to the correct technical methods, and in accordance with the present, priority criterion commonly referred to as the "first-come, first-served" principle.
Registration only becomes valid once the required fees have been paid, except for special promotional offers.
2/ OXAHOST is authorized to issue domain names on behalf of its Clients and to renew them. The Customer thus has the possibility of registering the domain names available, according to the offers in force.
3/ Procedure for registering a domain name
Any reservation request implies prior acceptance and subject to the administrative and technical naming rules governing the domain name requested and the acceptance, where they exist, of the rules for resolving conflicts that may arise between the owner of the domain name and any third parties claiming rights to all or part of this name.
The Customer of the service proceeds to his detailed registration on the Website www.oxahost.tn
It provides on this occasion all the elements likely to proceed with the registration of the requested domain name.
In particular, it is communicated to him on the site all the essential information referred to by the national and international rules for the registration of domain names enacted upstream by ICANN and the Registries.
The Client will therefore provide the name and full contact details of the person in whose name the domain name is registered (the CLIent ), the name and full contact details of the administrative contact, the billing contact and the technical contact, as well as his name. complete, its address, telephone number and information on the natural or legal person responsible for the technical operation of the domain name.
It will also provide the IP addresses of the primary and, possibly, secondary servers for the chosen domain name.
Completion of the entire form determines the admissibility of the registration procedure. Any missing information on the form will result in registration failure.
The Customer ensures that he has received a mandate from all the persons whose contact details he discloses, not only for the registration and communication of names and contact details, but also their collection and publication on the Internet.
The indication by OXAHOST of the availability of the domain name on its Website www.oxahost.tn is purely indicative. The same applies to the reservation confirmation made by e-mail as soon as the registration formalities have been completed and the payment registered.
Only the validation of OXAHOST after verification and effective registration by the Registry or by the supervisory authority will be worth registration. This validation is made two (02) working days maximum after confirmation, unless there is a particular difficulty, the content of which will be notified to the Customer for information by e-mail or on the website www.oxahost.tn.
Requests will be forwarded by OXAHOST to the Registry or the supervisory authority.
It is the Customer's responsibility to regularly check whether or not the desired domain names are available, which availability cannot be established in real time by the databases, in particular those of the Whois.
OXAHOST is in no way responsible for the data contained in the Whois database or any equivalent database, nor for their updates.
4/ If an element of the reservation request were to be added, clarified or modified, OXAHOST would notify its request by e-mail, to which the Customer undertakes to respond within a maximum of two (02) working days.
During this period, the domain name chosen is not the subject of a reservation on a provisional basis, and does not give rise to any prior rights. However, if the domain name is the subject of a reservation during this period response, OXAHOST will inform the Customer who will have to choose a new available domain name.
In the event that OXAHOST would not be able to perform the service ordered by the customer (change of registrar, owner, etc.) due to a breach by the customer, whatever the nature (provision of supporting document, correction of erroneous information, etc.), OXAHOST reserves the right to cancel the order at the end of a period of one (01) month from the request for regularization sent to the Customer.
5/ The Client declares the information transmitted to OXAHOST as being sincere and accurate and exempts it from any verification on this point.
He undertakes, in the event of a change in any of the data previously transmitted on the occasion of the registration or renewal of a domain name, to notify OXAHOST of this modification within two (02) working days from its occurrence, by e-mail.
He undertakes to respond to any update request from OXAHOST.
OXAHOST reserves the right to suspend at any time the domain name whose details appear to it to be fanciful.
Failing full payment of the renewal price before its expiry, OXAHOST will not be able to carry out the renewal requested by the Customer. The Customer will receive an e-mail notification of the termination of the service before and on the anniversary date of OXAHOST may undertake the deletion of the service from D + 3 days according to the anniversary date of the renewal, the Customer will receive a notification e-mail to inform him of the deletion of the service by OXAHOST or by the Registrar .
Any request for renewal after expiry of the domain name may lead to delays in the effective putting on line of the service.
The Customer acknowledges the right of OXAHOST to modify the price of the renewal of his domain purchased outside Tunisia, corresponding to variations in the rate of currencies (Tunisian Dinars / Dollars; Tunisian Dinars / Pound Sterling; Tunisian Dinars / Swiss Franc, etc.).
Duration of the contract and termination
These are valid for the entire chosen duration of the domain name registration, including the duration of any renewal of the domain name, notwithstanding the causes of termination set out below in a non-exhaustive manner.
In addition to the cases referred to in the general conditions of sale, OXAHOST reserves the right to terminate these in the event of:
- incorrect provision of information when registering or renewing the domain name,
- non - compliance with the rules prescribed by ICANN or by a supervisory authority,
- non - payment of sums due for registration or renewal of the domain name,
- non - compliance with public order, laws and practices in force.
The provision of erroneous personal information, in particular with the aim of attempting to obtain a domain name almost anonymously, is prohibited and will ipso facto lead to the termination of the account and the domain name(s) relating thereto.
The Customer will bear all the consequences, of any nature whatsoever, including pecuniary, in the event that he has not received a mandate from the persons whose names and contact details he transmits for the purposes of registering a domain name.
OXAHOST will do its best to ensure that the information is updated within a reasonable time, under its control.
Similarly, the Customer assumes full responsibility for the data communicated and assures OXAHOST that the person in whose name the domain name is registered has expressly or tacitly authorized it for this purpose. OXAHOST cannot be held responsible for all cases where the mandate entered into between the Holder (holder of rights to the trademark or domain name) and the Customer is not valid, this agreement having only a relative, limited effect. to the contracting parties.
Consequently, the lack of validity of the mandate will transfer the right of all liability to the Client on an exclusive basis.
The Customer shall likewise remain responsible for all facts and acts relating to the registered domain name, in the event that a user license is granted to a third party. "use of the domain name in accordance with the rules of both ICANN or the supervisory authority, and the contractual rules enacted by OXAHOST.
The Customer undertakes, where applicable, to comply with the out-of-court dispute resolution procedure applicable to the disputed area.
Domain name transfer and license
The transfer of the domain name by the Customer to a third party is only binding on OXAHOST under the following conditions:
- receipt by OXAHOST of the notification of transfer by registered letter with request for acknowledgment of receipt,
- payment of transfer fees for change of holder to OXAHOST by the most diligent party,
- the possible signing of transfer documents from the Registry and compliance with the transfer procedure specific to the domain concerned.
The operating license, on the other hand, even on an exclusive basis, is in no way opposable to OXAHOST, even when it is notified to it.
Consequently, in the latter case, the holder of the domain name remains the privileged interlocutor of OXAHOST and the sole responsible with regard to OXAHOST for the acts and uses made in respect of the use and exploitation of the said name. of domain.
Choice of domain name
It is the Customer's responsibility, before any reservation request, to carry out any appropriate verification that is required. In particular, he will take care not to infringe:
- to an earlier distinctive sign, whether it is a trademark right or a right linked to a company name, a sign or a trade name, an appellation of origin or a geographical indication,
- to a personality right,
- or copyright and related rights,
In general, the Customer will take care that the domain name:
- does not infringe either public order or the laws and customs in force,
- is not defamatory or racist,
- is not likely to be considered speculative or abusive.
OXAHOST, for information, hereby informs the Customer that an absence of in-depth research prior to the registration of a domain name, may lead, under the sole responsibility of the Customer, to actions for infringement and /or in unfair competition.
OXAHOST also informs the Customer that certain names, concerning for example geographical and/or political concepts, or likely to undermine public order, cannot be chosen.
Third Party Remedies
Any recourse by third parties justified by a court decision or by an administrative authority, including in summary proceedings, or by a decision resulting from the application of mediation or arbitration procedures for domain names, will be taken into account in its entirely by the Customer.
As part of these procedures, the Customer may, without notice, be dispossessed of the registered domain name in the event of transfer of the domain name to the benefit of a third party who has instituted proceedings. The domain name in question may also be suspended during the procedure and until its outcome.
If, on this occasion, OXAHOST were implicated, the Customer would hold OXAHOST harmless for all the costs incurred by the said procedure, whatever the cause and the consequences, and whatever the nature, i.e. i.e. a legal proceeding or a mediation or arbitration proceeding.
In particular, the costs incurred include pecuniary commitments relating to
Technical interventions, at the expense of the procedure as well as the fees of lawyers and court officers.
The same rules apply to requests made by Registries, ICANN or regulators.
The request for deletion of data by the Customer will systematically result in the termination of these presents, since it will be worth the deletion of the data compulsorily requested by the Registries and supervisory authorities managing the online databases.
Indeed, the data necessary for the online publication of databases managing domain names are considered public. The Customer cannot therefore oppose their publication, except to simultaneously request the termination of these contractual stipulations.
In any case, the Customer has at any time a right of access to personal data concerning him for the purpose of verifying the data recorded and kept by OXAHOST.
Storage and transmission of data
OXAHOST undertakes to only transmit the data it possesses for the sole purpose of ensuring the implementation of the service.
Domain name transfer and cancellation
§ Forced transfer or cancellation
Any enforceable court decision served on OXAHOST as well as any arbitration award duly notified to OXAHOST entailing the transfer or cancellation of the domain name registered by the Customer will be executed as is and immediately by OXAHOST without prior notification to the Customer.
§ Voluntary transfer or cancellation
Any voluntary transfer of domain name by change of registration unit may be made according to the conditions of the domain in question. The transfer to OXAHOST will be effective as soon as the transfer is validated by the Registry.
The transfer from OXAHOST will be effective as soon as the request is made, before expiry, in the name of the Client by the new Registration Unit chosen, subject to the absence of any ongoing procedure, whether free of charge or contentious, between the Client and OXAHOST, or in the event of recourse by a third party, and subject to the transfer conditions specific to the domain.
The non-renewal of a domain name at an expired date will be equivalent to a domain name cancellation and will make, from the dates and times of cancellation, the canceled or non-renewed domain name available.
The Customer is prohibited from any transfer relating to a domain name that is the subject of an appeal.
§ Financial conditions
Any transfer, request for transfer or cancellation of a domain name, whatever the cause, will not result in any refund of the sums collected by OXAHOST, except to demonstrate its effective liability.
§ Judicial liquidation
If the Customer is the subject of a procedure of liquidation, cessation of activity, receivership or any other procedure of the same nature, during the period of registration of the domain name, the designated representative may request the transfer to the acquirer of the assets of the new holder of the domain name, by accompanying the request with the appropriate documents.
Right to retract
By way of derogation from the general conditions of service and in accordance with Law 83-2000 relating to exchanges and electronic commerce in its article 32 “The consumer cannot withdraw in the following cases: (…) If the consumer receives products made according to personalized characteristics…”.
The Customer acknowledges that the registration of a domain name with OXAHOST constitutes, because of the choice made by the Customer on the radical and the extension selected, the supply of such a personalized product within the meaning of Article aforementioned.
Therefore, the Customer is expressly informed that he cannot, in application of these provisions, exercise his right of withdrawal on the registration of the domain name ordered.
This right cannot be exercised by the Client either when renewing the registration.
Completeness and modifications
The rules enacted by ICANN, the supervisory authorities and the Registries, relating to domain names, apply by right to these contractual relations.
Similarly, any modification of the conditions binding OXAHOST with the Registry, ICANN or the supervisory authorities apply by right, immediately and without prior information to the Client who expressly accepts it, these modifications being binding on OXAHOST.
OXAHOST and the Registry reserve the right to put the Customer's domain name on hold while a dispute is resolved.
OXAHOST and the Registry reserve the right to suspend or cancel the Client's domain name in the event that the latter uses the domain name to send unsolicited commercial advertising, in contradiction to applicable laws or the Acceptable Use Policy. usual on the Internet, or if the Customer uses his domain name for an illegal activity.
ARTICLE 16 – SPECIFIC PROVISIONS FOR SHARED HOSTING:
The Customer expressly acknowledges that OXAHOST does not participate in any way within the meaning of these presents in the design, development, production and implementation of the Customer's website and its IT management and administration tools.
OXAHOST guarantees access to the website under conditions of reasonable use and access to email boxes under conditions of reasonable use.
The Customer agrees not to use the functionalities of the Service to send messages in large numbers (SPAM) or to people who do not wish to receive them or to incorrect addresses. As such, OXAHOST reserves the right to implement software tools on its Service to prevent these practices.
OXAHOST reserves the right to suspend the Customer's messaging services without notice, when mass mailings of emails from the Customer's offer affect the integrity and/or security of the OXAHOST network.
Furthermore, in the event of a complaint from anyone (customer or non-customer) concerning an e-mail sent:
- from the facilities at OXAHOST,
- or containing the URLs of the sites hosted by OXAHOST.
In the event of non-compliance with this commitment, the Customer acknowledges that OXAHOST is entitled to limit, restrict, interrupt or permanently suspend all or part of the service in question for a minimum period of five (05) days. without notice, or even definitively terminate the contract in the event of non-compliance with the warnings for spamming sent by e-mail by the Customer.
The Customer acknowledges having been aware of other offers for sending commercial e-mails offered by OXAHOST and which require technical and financial specificities other than the one he used.
ARTICLE 17 – SPECIFIC PROVISIONS FOR VPS:
As part of the provision of the Service, OXAHOST makes available to the Customer a Virtual Private Server (VPS) with dedicated resources (hard disk partitions) and resources (RAM and processor) corresponding to the Host Server and shared by the different Virtual Private Servers installed on it. Due to the highly technical nature of the Service, OXAHOST can only be subject in this respect to an obligation of means.
The OXAHOST server platform where the Virtual Private Server will be installed is accessible to the Client as well as to the general public via the Internet. Throughout the duration of the rental of the Virtual Private Server, OXAHOST provides the Customer with access to means of communication enabling him to access the Service.
The Host Server as well as the Virtual Private Server rented by the Client remain the property of OXAHOST.
Under this contract, the Client is the sole administrator of his Virtual Private Server, OXAHOST does not intervene in any way in the administration of the Client's Virtual Private Server.
At the same time, OXAHOST takes care of the administration of the hardware and network Infrastructure as well as the administration of the Host Servers composing it and on which the Virtual Private Servers of the Clients are installed.
The Customer confirms that he has all the technical knowledge necessary to ensure the correct administration of a computer server such as the Virtual Private Server offered by OXAHOST, but also to back up his data stored on the Service. The Customer also undertakes to read the documentation made available by OXAHOST and relating to the VPS service.
The Customer has the option of installing software on the Virtual Private Server himself.
These installations are made under its entire responsibility, and OXAHOST cannot be held responsible for any malfunction of the Virtual Private Server resulting from these installations.
As part of the Service, the Customer has the option of modifying the configuration of his
Virtual Private Server. For this, he must order from his online customer account, his future base on which he wishes to switch his Virtual Private Server. This change can occur immediately or during the next billing cycle. This failover may correspond to a failover to a higher or lower configuration than the original configuration of the Virtual Private Server.
The Service is based on virtualization technologies, therefore, the Customer acknowledges that OXAHOST cannot guarantee requests for changes in Base power or " Boost ".
OXAHOST reserves the right to limit or restrict certain features of the Virtual Private Server in order to guarantee the security of its Infrastructure. OXAHOST will inform the Customer as far as possible of the implementation of these blockages.
The Customer undertakes to use the Service in good intelligence.
The Customer agrees to pay any license that is required if he uses third-party software when using the Service.
If the Customer uses in a proven way the technique of spamming on the Internet network, this behavior resulting in the interruption of the Service and the termination of these conditions without notice.
The Client also refrains from any intrusion activity or attempted intrusion from the Virtual Private Server (non-exhaustively: port scanning, sniffing , spoofing , etc.).
The Customer acknowledges that, for security reasons, certain functionalities and protocols (such as IRC or peer-to-peer file exchange) may be subject to limitations from the Service. Anonymization (Proxy) services are prohibited from the Service.
OXAHOST is committed to:
- Ensure the administration of the OXAHOST infrastructure and host servers.
- Maintain the Host Server in working order. In the event of failure of the latter, replace the defective part as soon as possible except for failure that is not its fault, or any other intervention which would require an interruption of the Service exceeding the usual replacement times. In the latter case, OXAHOST immediately informs the Customer.
- Ensure access to the Client's Virtual Private Server via the Internet 24 hours a day, every day of the year. OXAHOST reserves the right to interrupt the Service to carry out a technical intervention in order to improve its operation.
- Intervene as soon as possible in the event of an incident not resulting from improper use of the Virtual Private Server by the Client upon request for intervention by the Client.
- Ensure that the quality of its tools is maintained at the highest level in accordance with the rules and usage of its profession.
OXAHOST reserves the right to carry out checks on the compliance of the Customer's use of the Service with these provisions.
ARTICLE 18 - APPLICABLE LAW:
Tunisian law shall be solely applicable to this Agreement. This is the case for the rules of substance as well as for the rules of form, excluding, on the one hand, the rules of conflict provided for by Tunisian law, and on the other hand, the provisions of Tunisian law which would be contrary to these Terms.
These exclusions obviously do not concern the rules of imperative law and public order which prevail in all circumstances.
ARTICLE 19 - ATTRIBUTION OF JURISDICTION:
Any dispute relating to the formation, interpretation, execution or validity of the conditions or any of its clauses that the Parties cannot resolve amicably, will be subject to the exclusive jurisdiction of the courts. of Tunis, notwithstanding plurality of defendants or warranty claim, even for emergency procedures