- Scope – Entry into force – Amendments
All supplies of goods, materials and services (including, without limitation: domain name reservation, web hosting, Web sites, e-mail address, provision of tools or software, materials, etc.) by the company TOUCHÉ STUDIO (hereinafter “TOUCHÉ STUDIO”) for the benefit of policyholders, customers (the “Customers” or “Customer”) is subject to the Terms and Conditions below exposed and come into force from the ordering, the Customer, which recognizes accept fully and without reservation. TOUCHÉ STUDIO recognizes in no case any Conditions of reviews, whether fully or partially different hereof, unless agreed in writing derogatory TOUCHÉ STUDIO. Anything to the contrary is deemed unwritten. Written agreement derogatory TOUCHÉ STUDIO, the Conditions of Sale continue to apply to future transactions between the parties, notwithstanding any reserve or provision by the Client. TOUCHÉ STUDIO may modify the content of these Conditions of Sale, subject to notify the Customer of the existence of this change and the date it takes effect, inviting him to read the new text of the General Conditions Sale, available online. The agreement of the Customer shall be deemed acquired defect written objection within twenty-eight (28) days of such notification, which will result in immediate and automatic entry into force of the modified Terms of Sale, on the expiry of this period or after the effective date indicated by TOUCHÉ STUDIO in the context of the above notification.
- Domain Name Reservation.
2.1. Domain name registration TOUCHÉ STUDIO handles your domain name, for a minimum period of 12 months. The domain name is renewable annually and the responsibility of the site owner. TOUCHÉ STUDIO is in no way responsible for the cost increases. On the reservation and / or maintenance of domain names TOUCHÉ STUDIO will only play a role broker between the Client and any competent authority in the allocation and management of domain names which the Customer wishes to booking and registration. TOUCHÉ STUDIO has no influence on the allocation of domain names. TOUCHÉ STUDIO does not guarantee in particular that the assigned domain names are royalty-free or will be used in the future. Customer and emerges TOUCHÉ STUDIO, including all claims and / or demands for damages from third parties, which would be due to fraudulent use of a domain name.
2.2. Disclaimers. Guarantees The Customer warrants that the domain requested does not infringe the rights of third parties. Customer emerges as such from liability TOUCHÉ STUDIO, agency management and allocation of domain names (hereinafter the “Registrar” for example ______) and the registration service (hereinafter the “Registry “), and, more generally, any other person or entity involved in the context of registration, at his request, a domain name. The Customer further warrants TOUCHÉ STUDIO against any recourse claim and claim of any kind, including claims for damages that a third party might make under the fraudulent use of a domain name or distinctive signs ( trademarks, names, logos, etc.) by the Customer; Customer will thus assume all the consequences, including financial, arising from the fraudulent use of the domain name he has done under its responsibility, including guarantee and indemnify TOUCHÉ STUDIO for all costs and potential legal costs resulting from such claims Justice by third parties.
2.3. Domain Name Dispute Resolution. UDRP procedure mandatory for domain names with the extension “.com”, “.net”, “.org”, “.info” or “.name”, Customer agrees that the “Uniform Domain Name Dispute Resolution Policy “(hereinafter” UDRP “) applies to any conflicts of laws for the purpose of resolving disputes about the infringement of trademarks, the name or any other distinctive sign or other related right. Customer is responsible to assume its rights and obligations under UDRP proceedings. The Customer acknowledges that the competent authorities in the allocation and management of domain names will be allowed after such decision taken by the authority under the UDRP Rules, delete or transfer the domain name in dispute to a third party appointed, unless, within 10 days of that decision, the customer brings it within the framework of a written notice, proof of the introduction of a lawsuit brought against it.
2.4. Litigation and domain names if the domain name registered or reserved by the Customer is a domain name with the extension “.com”, “.net” or “.org”, “.info”, “.name “” .ca “, no transfer of the domain name to a third party will be made by TOUCHÉ STUDIO as long as the case is pending before the judicial or arbitral tribunals, as part of a lawsuit for infringement of trademark law , the right to the name or other distinguishing feature or related right. This ban will extend to 15 (fifteen) days after the final decision ordering such a transfer of the domain name, unless it is certain that the decision to intervene against third parties upon its delivery.
2.5. DNS services “DNS” (Domain Name Service) when recording or transferring to TOUCHÉ STUDIO included subject to acceptance of the “Registry” in charge of the domain.
2.6. Pricing of domain names each extension (“ca”, “com”, “net”, etc.) has a charging its own.
2.7. Cancellation of a domain name Some contracts include the recording of a predefined number of domain names free of charge. Any termination of one or more domain names included at the initiative of the Customer or due to a dispute, under no circumstances will cause its free replacement. Termination of domain names included or paying extra in a contract will be no refund, subject to unilateral termination by TOUCHED STUDIO one or more domain names. This condition is also applicable for any other extra service added to the contract by the Customer.
- Site Creation and use a domain name, FTP access, MySQL are required for the installation of a site.Some data from an existing site in HTML can be retrieved with the client.The customer owns the site and free content management and administration. The customer agrees to the characteristics and limitations of the Internet and especially recognizes that: The data circulating on the Internet are not protected, particularly against possible misuse. TOUCHÉ STUDIO will in no way be held responsible for problems associated with lodging, referencing the reliability of data transmission, access time to the website loading speed. It is expressly stated that TOUCHÉ STUDIO is not bound by an obligation of result but by means of engagement.
3.1. The graphic design graphic template, called “template” will be totally separate from the content (articles). The colors, fonts, positioning (…) are fully controlled by the template. The provision of free or rights free template is included in our offer. We can be brought to propose to pay templates using customer. The additional cost for the purchase of the template is to be paid directly by the client or be subject to additional charges.
3.1.1. Permitted modifications A Template selected from our available models only allows modification of the logo and the name of the client company. In no case will not realize TOUCHÉ STUDIO code changes (html or css) of the template.
3.1.2. Any other licensed Templates Template is subject to a license fee for a fixed term. Banners, logos, animations will be editable by the client as that will provide the files (images, photos, …. Illustrations).
3.1.3. Shop Template The template of the shop is (with exceptions) completely independent of the general template of the site. To improve the look of the shop it is possible to use an additional template dedicated (licensed), which can be a costed proposal or be provided by the customer. In no case will not realize TOUCHÉ STUDIO code changes (html or css) of the template.
3.1.4. Selecting the template The choice is made in a single operation consultation with the client. When the PV attesting the choice has been approved, any subsequent change will be an estimate of the additional time for research and changes in the already integrated content. In the absence of choice by the customer, TOUCHÉ STUDIO offer a free template. The positioning of the various elements (modules …) are subjected to the characteristics of the template chosen by the customer. It will be the customer to ensure that it has enough positions and that they meet current and future needs. It should be ensured that the template meets the W3C recommendations (see related).
3.2. Development Php / MySql databases Construction: Design of the general architecture Creation of conceptual data model (table structure) Installing the database on the client’s accommodation following the model used on the CMS.
3.3. Content management and content writing articles is the responsibility of the user. Through an interface accessible through a browser. The structure of the content is divided into sections, categories and articles. The customer is responsible for providing the texts to be inserted in the different sections of the website and responsible for their publication. Responsibility for TOUCHÉ STUDIO is limited to technical means to that it can transfer its contents or articles on the website.
3.4. Components and Modules Extensions that are inserted into the website of the structure such as word processing editor, forms, Site Map, RSS, PDF conversion, web links, search engine, slideshow can be licensed … and pay, predefined by quotation. The versions of the plugin, installed components and modules are recent. Their update is not included. TOUCHÉ STUDIO offers technical maintenance packages to websites and specific updates. If a new version of a component or CMS, fate during the implementation phase (or after), TOUCHÉ STUDIO is not required to make an update.
3.5. Validations different stages of completion TOUCHÉ STUDIO is committed to developing successive models of the website online to follow its development until the final result.
TOUCHÉ STUDIO is committed to complete the creation of a website in a period to be agreed with the customer after receipt of the deposit and the data to be inserted. The development of a website can not in any case exceed the duration determined by the choice of a paid license. If this time is exceeded TOUCHÉ STUDIO reserves the right to terminate the contract, the deposit will be refunded in any case .. Special closing: Unless prior written agreement with the client, no development will be carried out during holidays of technical team (not counted as working days), which will be announced at the following address: www.TOUCHÉ STUDIO.com in the news section or email to customers upon request.
TOUCHÉ STUDIO produces custom websites. A study will be made with the customer and a quote will be sent with the price corresponding to the application. Prices may change at any time depending on the tariff policy of the moment. The selling price retained by the purchase of a site corresponds to that observed in the quote.
Some products such as drawings, pictures, graphic charts are sold with a personal right to use the customer which prohibits making any copying, transfer or dissemination in public other than those provided by the property legislation and the right to the image. Any customer wanting to purchaser of a product subject to these regulations is committed by reading these terms and conditions, respect for the law and the law on ownership on these products.
3.9. Performance guarantee.
TOUCHÉ STUDIO hosts its sites OVH. TOUCHÉ STUDIO is not responsible for any problems of OVH. Periods Server down due to technical problems or other difficulties beyond the control of TOUCHÉ STUDIO such as force majeure (including: regular maintenance OVH, long-term electricity network failure, strikes, riots , wars, storms, earthquakes, failure of the public telecommunications network, requisition public authorities, unavailability of the Internet, etc.) or the responsibility of a third party or the Client does not engage the responsibility of TOUCHÉ STUDIO . TOUCHÉ STUDIO provides the Customer with the technical means that it can transfer its data to the disk space reserved for it in accordance with the provisions of Article 8.7. TOUCHÉ STUDIO is not responsible for accommodation beyond the maximum accommodation for the Client. It is expressly specified qu’TOUCHÉ STUDIO is not bound by an obligation of result but by means of engagement. TOUCHÉ STUDIO reserves the right to modify at any time the characteristics of its technical infrastructure, and its choice of suppliers. These changes, however, will offer performance at least equivalent to those provided at the time of conclusion of the contract.
3.10. W3C compatibility
TOUCHÉ STUDIO strives to make it compatible with the web standards defined by the W3C all sites implemented. Despite all the care, one or more pages may fail W3C validation. It is suitable for the customer to ensure that the chosen template is naturally W3C-compliant and that passes the test successfully when all positions and functions are enabled. If it does not, just TOUCHED STUDIO undertake not to degrade the initial advantage of compatibility. The addition of third-party extensions can reduce compatibility without liability TOUCHÉ STUDIO.
3.11. Drafting of legal (…)
The writing of “legal”, the “conditions of use”, the “terms and conditions” (…), as well as any content that does not fit into the framework of the contract. In no event shall the responsibility of TOUCHÉ STUDIO will not be hired to malfunction, failure or damage resulting from the posting of content to contractual nature governing its activity.
3.12. Unavailability of the shop
TOUCHÉ STUDIO can not be held responsible for any operating losses resulting from temporary or permanent unavailability of a partial or complete e-commerce store.
3.13. URL rewriting
Only the rewriting content “native” CMS is included in our service. Rewriting associated with components, modules and related plugin is made subject to compatibility. This compatibility can in some cases be obtained by adding “plugin” under paid license that will be a proposal from TOUCHÉ STUDIO.
TOUCHÉ STUDIO supports and trains the person designated by the customer as the future webmaster. This training consists of a support with remote computer control. The total duration of the training, as part of the initial package is 3 hours. To make the most of this training, we advise the customer to read the following book: “Joomla for Dummies” (Begin reading Chapter 3 “An Introduction to Joomla!”) Or equivalent for other CMS . Any additional assistant will be a proposal from us. The training will take place no later than 3 months after delivery of the site.
3.15. Components and external plugin
Responsibility for TOUCHÉ STUDIO may be held liable in case of error / bug own components or external plugins that can be installed. They remain the responsibility of their authors. 4. Offer, Acceptance, Finished, Right of withdrawal 4.1.Class service Orders are taken into account the return of the signed quotation and marked “good for agreement” and the receipt of deposit of 20% of the total price. 4.2. Duration of the contract is for an indefinite period. With the exception of contracts subject to a binding commitment for up to three (3) months to one (1) year from the date of conclusion of the contract (including domain controller and hosting firm and final commitment one (1) year), the contract can be terminated at any time by either party, without giving any reason, subject to a registered letter with acknowledgment by written notification The minimum notice period is the end of the month following the cancellation request.
- Offer, Acceptance, Finished, Right of withdrawal
4.1. Class service
Orders will only be taken into account the return of the signed quotation and marked “good for agreement” and the receipt of the deposit of 20% of the total price.
4.2. Contract Period
The contract is concluded for an indefinite period. With the exception of contracts subject to a binding commitment for up to three (3) months to one (1) year from the date of conclusion of the contract (including domain controller and hosting firm and final commitment one (1) year), the contract can be terminated at any time by either party, without giving any reason, subject to a registered letter with acknowledgment by written notification The minimum notice period is the end of the month following the cancellation request.
4.3. Breach of contract in TOUCHÉ STUDIO initiative
In addition, TOUCHÉ STUDIO may suspend access to services and / or terminate the contract automatically and with immediate effect without prior notice and without notice, due to a serious breach of the Customer, especially in case of: – non-compliance by the Customer of obligations under Articles 9 and 8 hereof; – Delay in payment of amounts due by the Customer pursuant to Article 5 below, which would exceed twenty (20) days or more than ten (10) days in case of payment by check; – Failure to comply, after summoning the Customer, shape and / or the content of Web pages, and (if the online shop is also the subject of the contract) the form and / or content of the shop in line with the requirements of paragraph 8.9. these
4.4. Third party claims
If third parties assert rights seriously with TOUCHÉ STUDIO, likely to be achieved due to the use of, or registered domain name (s) by the Customer hereunder, TOUCHÉ STUDIO is authorized to assign the name area to the care of the “Registry” and interrupt access to the Service and / or terminate the contract under the terms of Article 4.3 of the General Conditions.
4.5. Release of the domain name
Upon expiry of the contract subject matter hereof, TOUCHED STUDIO is authorized to release the domain name. All rights to the Customer and related to the domain name expire no later than at the time of the release of the domain name.
Refund of amounts paid pursuant to Article 5 below will be, if any, and the monthly charges, excluding any optional services purchased or any registration of a domain name, prepaid beyond the renewal date of the notification and the effect of the termination of the contract made. All refunds will be made in proportion to the number of days without actual use of services, from the effective date of the expiry of the contract made.
4.7. Right of withdrawal
In accordance with Articles L. 121-20 and following of the Consumer Code Customer has a right of withdrawal.
4.7.1. The Customer may exercise his right of withdrawal without cause within seven (7) days of receipt of the goods or the conclusion of the pure contract services. To withdraw consent and cancel the order, the Customer must notify STUDIO TOUCHED by mail (only). May already received the merchandise must be returned in its original packaging TOUCHÉ STUDIO. Return shipping costs are the responsibility of the individual Client.
4.7.2. The right of withdrawal, if it has been validly exercised, allows the customer to obtain reimbursement of his order. If the merchandise is returned partially and / or deteriorated TOUCHÉ STUDIO is entitled to seek reimbursement of the corresponding value to the customer.
4.7.3. Are excluded from the right of withdrawal, contracts for the supply of custom-made goods or clearly personalized to the Customer. Are subject to certain conditions, contracts to supply software for which the withdrawal right can be exercised only when the product has not been “unsealed”, that is to say that the packaging is intact and service delivery contracts that can not be interrupted if execution has not yet begun (eg, domain name reservation).Services whose performance has begun, with the consumer’s agreement, before the end of the withdrawal period are excluded from the right of withdrawal
4.8 Conditions for travel and meetings
No travel for any reason whatsoever is included in our services. If travel were to be organized TOUCHÉ STUDIO reserves the right to charge the travel and expenses bearings referred to it (travel, accommodation, catering).
- Pricing and Payment
5.1. Rates valid list of tariffs TOUCHÉ STUDIO in force, applicable on the date of the order. In principle, the rates of TOUCHÉ STUDIO are fixed. However, TOUCHÉ STUDIO is authorized to increase prices at any time during the contract for the purpose of updating. TOUCHÉ STUDIO inform the Customer of the proposed increase and its right to object, within six (6) weeks of receiving the message. The tariff revision shall be considered given and if applicable, within the aforementioned period of notice, the Customer does not object in writing it (sent by registered letter with acknowledgment of receipt), notifying the termination of the contract binding the TOUCHÉ STUDIO.
5.2. Late Payment In case of late payment, TOUCHÉ STUDIO will be entitled to request the payment of interest at the legal rate or, at its option, a penalty charge equal to 1.5 times the legal interest rate per month delay the date of payment of the amounts the payment of which is provided for under this section. Similarly, in the event of late payment linked to an Internet hosting service, TOUCHÉ STUDIO will be entitled to suspend immediately said hosting the Client as well as the reseller client. Moreover, following a formal notice to pay not acted upon, the provider reserves the right to cancel the effects of his work with search engines.
5.3. Recovery If the notice of the Customer has no effect, TOUCHÉ STUDIO can sell at any time his debt to a factoring company in which case the payment due to the benefit of the account mentioned on the invoice issued by the latter. In this case, TOUCHÉ STUDIO charge the Customer a lump sum of fifteen (35) EUR for administrative expenses incurred by the collection.
5.4. Payment of principle, the purchase price of property or the payment of the service price must be paid in full at the command TOUCHÉ STUDIO, as well as expenses due in addition by the Customer. Exceptionally, the monthly fees referred in the rates must be paid to the order by the Customer for a period of three (3), six (6) or twelve (12) months, depending on the contract. Thereafter, the Customer must renew (every 3, 6 or 12 months) the payment of these deadlines charges. In terms of prices and special agreed otherwise in writing between the Customer and TOUCHÉ STUDIO premium. A billing statement will be sent by mail or email.
5.5. Final settlement TOUCHÉ STUDIO is entitled to only activate a domain name until payment of all amounts due under the contract. 5.6. Methods of payment Only the following payment methods are accepted: ● ● ● Cash Cheque Bank Transfer PayPal ● Any costs inherent in the method of payment will be at the customer (PayPal …).
6.1. Customer The Customer agrees not to seek contractual liability TOUCHÉ STUDIO in case of serious and proven one of its substantive obligations, for the repair of a direct injury. In any event, TOUCHÉ STUDIO will in no way responsible for any indirect or consequential loss of any kind, possibly suffered by the Customer, including any financial or commercial loss, loss of profits, loss of data, even if the provider has been advised of the possibility of such loss or such damage.
6.2. STUDIO TOUCHED In any event, the TOUCHÉ STUDIO liability is limited total value of the contract amount or rider on the ongoing development per claim all damages.
- Content Web pages
7.1. Bonds All content available on the Customer’s website must be clearly connected to the Client, it is imperative to include the name of the editor and addresses. STUDIO TOUCHED the attention of Customer on the fact that other obligations may become liable, for example, in case of provision of audiovisual or telecommunications or in case personal data usage services affecting users site. The Customer releases TOUCHÉ STUDIO from any liability towards third parties resulting from non-compliance with it, of any of its obligations; it will guarantee as such TOUCHÉ STUDIO if requested or appeal against it, in the same terms as those provided in Article 2.2 hereof.
7.2. Legality The Customer shall not, in any way, for example by banner ads, violating the law, public order, morality and / or third party rights (trademark law, right author, protection of databases etc.). The Customer specifically agrees not to offer pornographic content, nor offer or leave offer commercial services that have pornographic and / or erotic or manifestly illegal or prejudicial to public order (violence, incitement to hatred racial, providing products or services is strictly prohibited in the territory, etc.).
7.3. Liability The Customer is solely responsible for the content hosted and distributed by him. TOUCHÉ STUDIO can in no way be responsible for the legality of the content hosted and distributed by the Customer. TOUCHÉ STUDIO is not required to verify that the presentation of the client’s website, if the online shop is also the subject of the contract – the shape and / or the content of its online store, or property, and services offered on the Web is any violation of the law. If TOUCHÉ STUDIO nevertheless finds a violation of the law, it is authorized to suspend and / or terminate the Contract under the conditions of Article 4.3 of the General Conditions. So will all the more so in case of requisition of public authority or claim or claims by third parties which, according TOUCHÉ STUDIO, might appear justified and sufficiently serious. TOUCHÉ STUDIO will make every effort to inform the Customer as soon as possible. TOUCHÉ STUDIO reserves the right (i) to conduct targeted and temporary surveillance operations for the use of services and (ii) to interrupt access to services and / or terminate the Contract under the conditions of Article 4.3 of the General Terms and Conditions in the event of breach of the obligations of the Customer defined in this article 7. The Client will also be fully responsible for any damage thereby suffered by the customer himself, TOUCHÉ STUDIO or any other person.
7.4. Mention footer Customer agrees to be included at the bottom of each page discreet mention “Website by TOUCHED STUDIO.com” accompanied by a link to www.TOUCHÉ STUDIO.com and possibly a logo.
7.5. Reference Customer is informed that a link to his site will be made from the TOUCHÉ STUDIO site. This will increase its visibility in the search engines. The Customer may oppose this measure by ordinary letter to TOUCHÉ STUDIO.
- Customer Obligations
8.1.Contact the Registar The Customer warrants that the data provide TOUCHÉ STUDIO is accurate and complete. It undertakes to inform TOUCHÉ STUDIO immediately of any changes to them and within two weeks to confirm TOUCHÉ STUDIO accuracy of data if TOUCHÉ STUDIO requests. Includes items without exhaustive, the following information:
- Name, address, email address, phone and fax numbers of the Customer;
- Name, address, email address, telephone and fax number of the technical manager of the area;
- Name, address, email address, telephone and fax number of the administrative head of the field.
The Customer shall reimburse STUDIO TOUCHED the costs claimed by the “Registrar” for the modification of personal data.
8.2.Consultation emails The Customer shall meet his mailbox at least once a week. TOUCHÉ STUDIO reserves the right to send personal messages to the Client to the sender if the storage capacity corresponding to the tariff for the latter are exceeded. Beyond a period of 80 (eighty) days, messages are automatically deleted.
8.3.Passwords The Customer agrees to keep confidential passwords for access to various services offered by TOUCHÉ STUDIO and inform immediately in the event that he would come to learn that an unauthorized third party has read. If this decision is because knowledge of the Client and allowed a third fraudulent use of the password for access to benefits of TOUCHÉ STUDIO, Customer shall immediately pay the hands of TOUCHÉ STUDIO, a sum equivalent to the amount royalties related to the use of the relevant services or goods, at the current rate, without prejudice to the damages which might be requested by TOUCHÉ STUDIO or an interested third party. 8.4. Backups The Client must make backups late in the day, whenever he or one of its delegates will have made a modification of data on Web servers TOUCHÉ STUDIO. This backup should be stored on a medium other than said server. Customer must include making backup of all data before TOUCHÉ STUDIO do not work as well as before the installation of hardware or programs provided by TOUCHÉ STUDIO. The Customer is always required to test any tool or software provided to verify compliance, the absence of defects and its compatibility with the environment before moving to its actual use. These obligations also apply to the programs that will be delivered to the Customer under the warranty and maintenance TOUCHÉ STUDIO. Customer acknowledges being aware of the fact that even small changes can make programs unusable entire system.
The Customer agrees not to use e-mail or other Internet media to send via the HIT infrastructure STUDIO emails prospecting except recipient express agreement prohibited advertising or messages whose content is illegal or disparaging. This applies especially when e-mails with the same content are sent to a large number of recipients users (called activity of “spamming”). Such use of TOUCHÉ STUDIO services is strictly prohibited and may result in the suspension and / or termination of the contract, under the terms of Article 4.3 of the General Conditions. The Client will also be fully responsible for any damage thereby suffered by the customer himself, TOUCHÉ STUDIO or any other person.
8.6. Server load
The Customer undertakes to ensure that the design and consultation of the website leads to a unique server load, eg by CGI scripts that require significant computing capacity or require a large memory space. TOUCHÉ STUDIO is authorized to unilaterally remove Web pages not conform to these requirements. TOUCHÉ STUDIO notify as soon as possible the Customer of the application of such a decision.
8.7. Traffic Volume Traffic
The volume of data transferred monthly by the Client is limited depending on the contract. In case no volume limit is defined in the contract, the volume of data transferred is limited to six (6) gigabytes per month. The volume of data transferred is the sum of all transfers under the contract signed by the Customer. The volume of data transferred over this limit will be charged by TOUCHÉ STUDIO at the current rate (indicated on the OVH site) and within the limits of a technical maximum ceiling defined by OVH, beyond which the transfer may not be ensured. These prices are subject to change upon notice of fifteen (15) days by OVH.
The Customer agrees not to offer cat on attendance hosted TOUCHÉ STUDIO.
8.9. Data protected
The Customer agrees not host, provide or illegally disseminate works, objects, files or data protected under copyright or neighboring rights. Setting called server service “peer-to-peer” or platforms download, streaming broadcast (“streaming”) or any other act whereby works, objects, files or data protected under copyright or neighboring rights could be made available to third parties and shared illegally is also prohibited. The implementation and provision of hypertext links to sites offering download “peer-to-peer” downloading or distributing streaming services (“streaming”) or any other act whereby works, objects, files or data protected under copyright or neighboring rights could be made available to third parties and shared illegally are also prohibited. In case of non-compliance by the Customer of the obligations imposed upon it under this paragraph, TOUCHÉ STUDIO reserves the right to block access to the web space or disconnect the network website, to suspend its services without further notification and if necessary to terminate the contract.
8.10. The Customer agrees not over the following
8.10.1. Restrict or inhibit any other user from using or benefiting from the Internet
8.10.2. Post, host, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component
8.10.3. Open an accommodation site or e-mail relay (“open email relay”)
8.10.4. Use any accommodation, service or website TOUCHÉ STUDIO to perform Denial of Service (“denial of service attacks”) against any other site or internet service, or assist in the performance of such attacks
8.10.5. Use any hosting, website or TOUCHÉ STUDIO service to engage in any activity “hameçonage” (“phishing activities”) and the creation of fraudulent websites or fraudulent emails from mail (“spamming” or isolated shipment) . TOUCHÉ STUDIO reserves the right (i) to conduct targeted and temporary surveillance operations for the use of services and (ii) to interrupt access to services and / or terminate the Contract under the conditions of Article 4.3 of the General Conditions in the event of breach of the obligations of the Customer defined in this article 8. The Client will also be fully responsible for any damage thereby suffered by the customer himself, TOUCHÉ STUDIO or any other person
- Protection of Personal Data
9.1.Whois TOUCHÉ STUDIO informs the Customer that personal data are collected and processed in the framework of the implementation of the General Conditions of Sale. Furthermore, TOUCHÉ STUDIO informs the Customer that the data may, as part of the fulfillment of the Conditions of Sale, be transmitted to third parties and will be compulsory for the registration of domain names, the subject of publications databases for the identification of the domain name holder, including the identification system of the database “Whois”.
9.2.Consultation TOUCHÉ STUDIO is authorized to use your data to advise its customers or for internal use. TOUCHÉ STUDIO is committed to providing access to customers, free of charge and at any time, all data recorded in accordance with the legislation applicable in France.
9.3.Security Customer authorizes TOUCHÉ STUDIO to read at any time the pages stored on the Web server. TOUCHÉ STUDIO informs the Customer that the protection of personal data can not be total in an open network such as the Internet. Other users can in particular, where necessary, be able to disrupt network security and control some exchange of information. The Customer is solely responsible for the data transmitted via the Internet and stored on web servers.
9.4.Access to your personal data stored by TOUCHÉ STUDIO You can ask us by email or postal mail if we have personal information about you. We reserve the right to require you to show proof of your identity before providing you with this data. We will provide within two months a copy in a format of personal data as they exist on our systems. You have the right to seek and to challenge the data we hold about you and, if necessary, you have the right to:
- deleting your data
- additions to existing data.
- Final Provisions
10.1. Changes to Terms
Any modification, addition and partial or total removal of the General Conditions of Sale requires writing, including modifying or deleting the writing requirement. If the Customer is a merchant is made confer jurisdiction on the courts of Paris, for any dispute between the parties regarding the formation, interpretation, performance or termination of these Terms and Conditions, including any case procedure referred to as security of Appeal, multiple defendants or non-adversarial proceedings. These Conditions of Sale and orders relating thereto are subject to French law, excluding in particular the provisions of the Vienna Convention on the International Sale of Goods.
10.2. Sale agreement
TOUCHÉ STUDIO reserves, if any, the possibility of selling the contracts with the clients and / or subcontract certain supplies of goods or services, without a prior written agreement is required on their part, that they now accept without reservation.
10.3. Nullity of stipulations
If one or more of the provisions of these Terms and Conditions, any special conditions and / or purchase orders were invalid, the validity of the remaining provisions will not be affected. As much as possible, it will be applied a stipulation most similar substitution possible to that which had been drafted by the parties. So one will reason for incomplete provisions, referring, if necessary, to the general principles of contract interpretation and contractual good faith