PREAMBLE
These General Terms and Conditions of Use and Sale (hereinafter the "T&Cs") are intended to define the conditions under which Infrawire Networks SAS, a simplified joint stock company with capital of €1.00, registered with the Paris Trade and Companies Register under number 990 307 316, whose registered office is located at 59 RUE DE PONTHIEU, 75008 PARIS (hereinafter "Infrawire" or "the Provider"), makes available its VPS server hosting, web hosting and associated services (hereinafter "the Services") to clients (hereinafter "the Client" or "Clients").
IMPORTANT WARNING
Any service order implies full and complete acceptance, without reservation or restriction, of these T&Cs. In case of disagreement with any of the provisions hereof, the Client is invited not to use the Services offered by Infrawire.
ARTICLE 1 - SUBJECT MATTER
These T&Cs are intended to define the conditions of access and use of the Services offered by Infrawire. The Services include in particular:
- Hosting of virtual private servers (VPS) with different resource configurations (CPU, RAM, storage)
- Web hosting for websites and applications
- Associated services such as domain management, SSL certificates, backups
- All other services offered by Infrawire and accessible via the infrawire.fr website
ARTICLE 2 - ACCEPTANCE OF CONDITIONS
Access to and use of the Services offered by Infrawire are subject to prior and unreserved acceptance of these T&Cs. Any service order constitutes express and irrevocable acceptance of these conditions. The Client acknowledges having read these T&Cs before any order and declares to accept them without reservation.
IMPORTANT
In case of modification of these T&Cs, Infrawire undertakes to inform Clients by any appropriate means. Continued use of the Services after notification of the modification constitutes acceptance of the new conditions.
ARTICLE 3 - ORDERS AND ACCEPTANCE
3.1 - Order process
Any Service order is made via the infrawire.fr website or by any other means made available by Infrawire. The Client undertakes to provide accurate, complete and up-to-date information when placing an order. Any order is subject to validation by Infrawire, which reserves the right to refuse any order for any reason whatsoever, in particular in case of suspicion of fraud, illegal activity or non-compliance with these T&Cs.
3.2 - Confirmation and execution
The order is only considered firm and final after receipt of written confirmation from Infrawire and after receipt of full payment. Upon order confirmation and payment made, the Service is considered delivered and activated. The Client acknowledges that the Service being immediately available and delivered, they cannot claim a refund in direct payment method.
IMPORTANT NOTE - LEGAL REFERENCES
Due to the intangible nature and immediate delivery of the Services, they are considered executed as soon as they are activated. This provision is in accordance with Article L. 221-28, 12° of the French Consumer Code which provides that the right of withdrawal does not apply to contracts for the supply of digital content provided on an intangible medium whose execution has begun after prior express agreement of the consumer and express waiver of their right of withdrawal. The Client expressly acknowledges this characteristic of the Services and accepts that they are considered executed as soon as they are activated.
ARTICLE 4 - PRICE AND PAYMENT TERMS
4.1 - Price
Service prices are indicated in euros, all taxes included (VAT included), unless otherwise stated. Infrawire reserves the right to modify its prices at any time, it being understood that the applicable prices are those in force on the day of the order. Prices are guaranteed for the duration of the agreed billing period.
4.2 - Payment terms
Payment is made by bank transfer, credit card or any other payment method accepted by Infrawire. Payment must be made in full before Service activation. In case of payment by credit card, the Client guarantees that they have the necessary authorizations to use the indicated payment method.
STRICT ANTI-FRAUD POLICY
- Infrawire implements a particularly strict policy to combat payment fraud. Any suspicious transaction, any attempt at fraud or fraudulent use of a payment method will be immediately reported to the competent authorities.
- In case of suspicion of fraud, Infrawire reserves the right to immediately suspend the Service, refuse the order and retain all information necessary to identify the fraudster.
- Any fraudulent use of a payment method will result in immediate termination of the Service, without notice or refund, and may result in legal proceedings.
- The Client undertakes to use only payment methods of which they are the legitimate and authorized holder.
ARTICLE 5 - RIGHT OF WITHDRAWAL AND REFUND
In accordance with Article L. 221-18 of the Consumer Code, the Client has a period of fourteen (14) calendar days from the date of order to exercise their right of withdrawal, without having to justify reasons or pay a penalty.
SPECIFIC REFUND CONDITIONS - LEGAL REFERENCES
Due to the intangible nature of the Services and their immediate delivery upon activation, in accordance with Article L. 221-28, 12° of the French Consumer Code and Directive 2011/83/EU, the refund in case of exercise of the right of withdrawal is made exclusively in the form of Infrawire credit, and not in direct payment method. This provision is legal because the Service is considered executed and consumed as soon as it is activated, in accordance with Article L. 221-25 of the French Consumer Code. This credit may be used for any future order of Services from Infrawire.
APPLICABLE LEGAL REFERENCES
- Article L. 221-28, 12° of the French Consumer Code: exception to the right of withdrawal for digital services provided immediately
- Article L. 221-25 of the French Consumer Code: refund modalities for services executed before the expiration of the withdrawal period
- Directive 2011/83/EU, Article 16(m): exception for digital content provided on an intangible medium whose execution has begun
- The refund in Infrawire credit is made within fourteen (14) days following receipt of the withdrawal request, in accordance with Article L. 221-25 of the French Consumer Code
- The Infrawire credit is valid for a period of twelve (12) months from its creation
- No refund in direct payment method will be made, the Service being considered delivered and consumed as soon as it is activated, in accordance with Article L. 221-28, 12° of the French Consumer Code
To exercise their right of withdrawal, the Client must notify their decision to Infrawire by email to [email protected] or by registered mail with acknowledgment of receipt to Infrawire's registered office address, using the standard withdrawal form or by making an unambiguous declaration expressing their wish to withdraw, in accordance with Article L. 221-21 of the French Consumer Code.
ARTICLE 6 - PROHIBITION OF ILLEGAL ACTIVITIES
The Client undertakes to use the Services in accordance with applicable legislation and these T&Cs. It is strictly forbidden to use the Services for illegal or fraudulent purposes.
STRICTLY PROHIBITED ACTIVITIES
- Any activity contrary to applicable laws and regulations, in particular regarding counterfeiting, child pornography content, discrimination, incitement to hatred
- Computer hacking, denial of service (DDoS) attacks, spam, phishing, or any other cybercrime activity
- Dissemination of illegal, defamatory, insulting, racist, anti-Semitic content, or content that violates human dignity
- Hosting of unauthorized gambling sites, sites selling illegal products (drugs, weapons, etc.)
- Use of resources for cryptocurrency mining without express authorization from Infrawire
- Violation of intellectual property rights (counterfeiting, software piracy, etc.)
- Mass sending of unsolicited emails (spam) or any other abusive marketing activity
- Hosting of content violating image rights, respect for privacy or protection of personal data
- Any other activity likely to infringe the rights of third parties or harm Infrawire's image
In case of violation of these prohibitions, Infrawire reserves the right to immediately suspend the Service, without notice or refund, and to report the facts to the competent authorities. The Client may be held liable for all damages resulting from such activities.
ARTICLE 7 - CLIENT OBLIGATIONS
The Client undertakes to:
- Use the Services in accordance with their intended purpose and these T&Cs
- Comply with all applicable laws and regulations, in particular regarding personal data protection
- Maintain the confidentiality of their identifiers and passwords, and be solely responsible for their use
- Make payments within the agreed timeframes and guarantee the validity of the payment methods used
- Immediately inform Infrawire of any fraudulent or unauthorized use of their account or Services
ARTICLE 8 - LIABILITY AND WARRANTIES
Infrawire undertakes to provide the Services with diligence and according to the rules of the art. However, Infrawire cannot be held liable for indirect damages, data loss, profits or clientele resulting from the use or impossibility of using the Services.
Infrawire does not guarantee absolute and uninterrupted availability of the Services. Interruptions may occur for maintenance, update reasons, or in case of force majeure.
The Client is solely responsible for the content they host and the data they store on the Services. Infrawire cannot be held liable for content hosted by the Client.
ARTICLE 9 - DURATION AND TERMINATION
9.1 - Duration
Services are subscribed for a fixed term (monthly, annual) or indefinite term according to the formula chosen by the Client. In the absence of termination, Services are automatically renewed for the same duration.
9.2 - Termination
The Client may terminate the Services at any time, subject to thirty (30) days' notice before the due date. Infrawire may terminate the Services in case of serious breach by the Client of these T&Cs, in particular in case of illegal activity, non-payment, or fraud, without notice or refund.
WARNING
In case of termination for serious breach, in particular for illegal activity or fraud, no refund will be made and Infrawire reserves the right to claim damages.
ARTICLE 10 - INTELLECTUAL PROPERTY
All elements of the infrawire.fr website, whether visual, audio or textual, are the exclusive property of Infrawire and are protected by French and international laws relating to intellectual property.
The Client undertakes not to reproduce, copy, sell, resell or exploit in any way, all or part of the website or its content, without prior written authorization from Infrawire.
ARTICLE 11 - PERSONAL DATA PROTECTION
Personal data collected in the context of the use of the Services is processed in accordance with the "Informatique et Libertés" law of January 6, 1978 as amended and the General Data Protection Regulation (GDPR).
For more information on the processing of personal data, the Client is invited to consult the Privacy Policy available at: https://infrawire.fr/privacy
ARTICLE 12 - APPLICABLE LAW AND COMPETENT JURISDICTIONS
These T&Cs are governed by French law. Any dispute relating to their interpretation or execution falls under the exclusive jurisdiction of French courts.
In accordance with Articles L. 612-1 and R. 612-1 et seq. of the Consumer Code, the Client has the possibility to resort free of charge to a consumer mediator with a view to the amicable resolution of the dispute opposing them to Infrawire.
MEDIATION
In case of dispute, the Client may refer the matter to the competent consumer mediator or any other approved mediation body. The mediator's contact details are available upon request from Infrawire or on the European Commission's online justice website.
Questions about the Terms and Conditions?
Our legal team is available to answer all your questions regarding the General Terms and Conditions of Use and Sale.