General Terms and Conditions of Sale

1.- WebCMS S.à r.l. provides a web hosting service on its servers when subscribing to a shared web hosting offer.

2.- WebCMS S.à r.l. provides a cloud hosting service on its servers when subscribing to a cloud offer.

3.- WebCMS S.à r.l. provides the client with hardware resources and a dedicated IP address on its servers when subscribing to a dedicated virtual server offer.

4.- WebCMS S.à r.l. registers domain names through Gandi S.A. and acts solely as a reseller for domain name registration.

5.- The purpose of this contract is to allow the client to publish a website they own on the Internet, under their sole responsibility.

1.- WebCMS S.à r.l. commits to making every effort to ensure the permanence, continuity and quality of the services it offers.

2.- WebCMS S.à r.l. reserves the right, however, to exceptionally and briefly suspend server access for maintenance or improvement interventions to ensure the proper functioning of its services.

3.- In the event of a prolonged service interruption due to force majeure, the client may not claim any compensation from WebCMS S.à r.l.

WebCMS S.à r.l. provides the client with technical support by mail, telephone, email and web at https://blog.webcms.lu

1.- The prices of rentals and services offered are listed on the WebCMS S.à r.l. website; they are exclusive of taxes and payable in euros, in advance and upon receipt of the invoice, for an annual period (shared hosting and domain name), for a monthly, quarterly, semi-annual or annual period (dedicated virtual server, Cloud), provided that the contract duration is at least equal to this period.

2.- Prices for rentals paid in advance are guaranteed for the relevant period.

3.- The client agrees not to abuse their email accounts for sending mass promotional emails. Any abusive use causing disruptions for other clients may result in financial penalties; identified accounts will be automatically blocked without prior notice.

4.- A shared hosting plan allows hosting one and only one website. It is permitted to associate multiple different domain names to access the same website.

1.- WebCMS S.à r.l. cannot be held responsible for the inadequacy of the services it provides to the particular objectives that the client may consider or pursue, since before any decision the client has access not only to the information published on the WebCMS S.à r.l. website, but also to the WebCMS S.à r.l. email technical service.

2.- In no case shall WebCMS S.à r.l. be held liable as a result of any action or recourse by third parties, particularly due to:

– information, images, sounds, texts, videos contrary to current legislation and regulations, contained and/or disseminated on the client's website(s);

– violation of intellectual property rights relating to works disseminated, in whole or in part, on the client's website(s) without the express consent of their author;

– suspension and/or termination of accounts, particularly following non-payment of sums due under this contract, and more generally due to the non-performance of any of the client's obligations as set out herein;

– financial or other losses due to the inaccessibility of a website or email address.

3.- The client must indemnify WebCMS S.à r.l. against any possible conviction in this regard.

4.- Furthermore, due to the characteristics and limitations of the Internet, which the client declares to be fully aware of, WebCMS S.à r.l. cannot be held liable for, in particular:

– difficulties accessing the hosted site due to network saturation at certain times;

– incorrect DNS configuration by the client;

– virus contamination of the client's data and/or software, the protection of which is the client's responsibility;

– malicious third-party intrusions on the client's site, despite reasonable security measures in place;

– damage that may be suffered by equipment connected to the Server Center, which is entirely the client's responsibility;

– possible misappropriation of passwords, confidential codes, and more generally any sensitive information for the client.

1.- All data sent to our servers remains the full property of our clients.

2.- WebCMS Sàrl is not authorized to disclose client data to third parties without the client's written consent.

3.- In the event of a violation of applicable law, only the courts of Luxembourg are competent to make a request to WebCMS Sàrl to retrieve data stored on our servers.

1.- Neither party shall be held responsible towards the other for the non-performance or delays in the performance of an obligation arising from this contract due to the other party as a result of a case of force majeure usually recognized by jurisprudence.

2.- Force majeure suspends the obligations arising from this contract for the duration of its existence. However, if the force majeure event lasts more than 30 consecutive days, it shall entitle either party to terminate this contract by right, eight days after sending a registered letter with acknowledgment of receipt notifying this decision.

WebCMS Sàrl's liability may only be incurred in the event of proven fault on its part causing direct damage to the Client, excluding all indirect damages such as loss of investment, value, opportunity, and commercial losses. WebCMS Sàrl may only be held to reimburse the cost of the Services causing the damage, to the exclusion of any other compensation. WebCMS Sàrl's liability cannot be incurred in the event of non-compliance with any of the Client's obligations under the Contract, such as late information. In such case, only the Client's liability shall be incurred.

The client agrees to inform WebCMS S.à r.l. by email or in writing of any changes to their situation (including change of address, etc.).

The client has the option to update their personal information from the client area accessible on this website.

At the end of the contract for whatever reason, WebCMS S.à r.l. will migrate the domain name to the server designated by the client at no cost.

Hosted data is retained for a maximum of 12 months and may be deleted upon termination of the contract.

Only the courts of the city of Luxembourg shall have jurisdiction.

The parties agree to submit their contractual relations exclusively to Luxembourg law in force.

These general terms and conditions may be modified at any time and without notice by WebCMS S.à r.l.