General Conditions of Use and Sale
Definitions
User: Customer of the company, user making use of this website.
Cloud: Refers to a file storage service on a remote server.
Article 1 - User Agreement
Article 1.1 : NetHeberg's service offers and contracts take effect as soon as the User submits the registration form.
In case of incorrect information when placing an order, the User is solely responsible for any damages, fines or possible court decisions.
Furthermore, NetHeberg reserves the right to refuse an order without having to justify its decision.
Article 1.2: At the time of registration, the User certifies that he/she is 15 years old, and that he/she has reached the age of majority in his/her country of residence, if applicable.
In the event that the User must use a paying service, the User certifies that he/she is of legal age in his/her country of residence.
Article 2 - Services and billing
Article 2.1 : Only the offers presented on this website are accessible by new and existing accounts.
NetHeberg reserves the right to change the offer at any time without notice. Unless otherwise specified, such changes shall be effective immediately. It is the User's responsibility to be informed of such changes. For existing accounts, this type of modification is only effective once the contract is renewed, unless otherwise indicated.
Article 3 - Active services
Article 3.1: NetHeberg guarantees that the User can use all the options included in the offer as they are listed in the description of the active service on this website during the whole contract period.
Article 3.2: NetHeberg reserves the right at any time to modify the options of an offer if they affect the stability of the server or if routine improvements are necessary.
Article 4 - Responsibilities and obligations of the Customer
Article 4.1: The User guarantees that the services he (or a third party through his account) has contracted with NetHeberg are in accordance with the current legalization.
Article 4.2: NetHeberg's hosting is reserved for private use. Therefore, all domain names managed by the User's account must be owned by the User's account holder.
Article 4.3: Specific conditions apply to the services held by each User.
The following are prohibited on the hosting services provided by NetHeberg:
• Pornographic, racist, sexist contents, or contents violating the laws of diffusion and intellectual property.
• Any content that is subject to a violation of French and international law.
• Hosting pirated software.
• Use of a service as a cloud server or backups (unless otherwise specified in the offer description).
• Hosting of software with the purpose of overloading or instability of any server resource.
• Hosting of malicious software, aimed at hacking any system.
• Exploitation of virtual money resources.
• Abuse of resources provided by NetHeberg.
Failure to comply with the above prohibitions will result in the deletion of the service and the data on it.
The User is solely responsible for any damage and penalties related to this breach.
NetHeberg may perform routine visits to a website or its tree structure to ensure that the User is not using a service for fraudulent purposes.
Article 4.4 : The User is solely responsible for
direct or indirect, material or immaterial damages, and prejudices resulting from the use of its hosting services and undertakes to indemnify NetHeberg against any
NetHeberg against any claim.
Article 4.5 : The customer is solely responsible if he commits an illicit act against NetHeberg or not with malicious intent. NetHeberg reserves the right to suspend or delete the services in this case.
Article 5 - Responsibilities of the host
Article 5.1: NetHeberg is not responsible for the data and behaviors that it guarantees, publishes or conducts on its behalf.
The responsibility lies solely with the User.
Article 5.2 : If the customer transfers his account or part of it to a third party for free or for a fee, he is automatically responsible for it.
Article 5.3 : NetHeberg endeavors to inform the customers in advance of planned maintenance works or service interruptions.
However, NetHeberg cannot be sued for the interruption of the service, in particular
for interruptions due to maintenance works, repairs or force majeure NetHeberg declines any responsibility for any damage, penalty, fine, claim, interest or loss of the order and any other liability.
Article 5.4 : NetHeberg shall endeavor to make emergency backups. However, it is the User's responsibility to make backups of its services. NetHeberg cannot be held responsible for any loss of data on its network.
Article 5.5 : NetHeberg cannot be held responsible for damages caused on a hosting by the introduction of viruses or vulnerabilities created by the User. The User is fully responsible for the data on his hosting and for the possible consequences of it.
Article 5.6 : NetHeberg may require a registered User to provide an identification document in order to remove reasonable doubt about the User's account information. If the User refuses, his or her services may be suspended.
Article 6 - Identifiers and access rights in general
Article 6.1: Each User of the NetHeberg service has a personalized and confidential identity and access
access rights, for which he/she undertakes to be the only one to use them under his/her sole responsibility.
Article 6.2: The User is only responsible for the consequences of the loss of his/her password(s).
In case of loss or theft, the User must inform NetHeberg as soon as possible which will immediately cancel the password. New credentials will be sent to the customers by e-mail. In case the
beneficiary of the NetHeberg service is not a credited buyer or recipient, the beneficiary is not entitled to access or use the service.
Article 6.3: Each User's service access credentials shall be known only to the User who holds them. Those provided at the time of the acquisition of a service, if any, must be temporary. That is to say that the User must immediately edit his accesses as soon as he connects to the service for the first time.
Article 6.4 : NetHeberg is not responsible in any case when identifiers are compromised.
The User has the possibility on most of the services provided by NetHeberg to add additional users in order to protect his services in case he wishes to share or collaborate on them.
Article 7 - Refunds and right of withdrawal.
Article 7.1: The client can only request a refund within 48 hours of the purchase of the product, except for domain names, credits, and software (including licenses) which are not refundable. After this period, it is no longer possible to obtain a refund. The service is considered as consumed.
Article 7.2 :When the service is used for the first time, the customer can no longer obtain a refund, unless otherwise decided by the support.
Article 7.3 : Any service deleted due to fraudulent use cannot be refunded. The customer is responsible for the content present on his service.
Article 7.4 : The customer cannot ask for a refund if his information is false and/or if he is a minor. An identity check at the time of the refund will be carried out.
Article 7.5 : To obtain a refund, the customer must contact NetHeberg by assistance ticket on his customer area. The assistance ticket will also allow the cancellation of the service.
Article 7.6 : The customer will be refunded by the payment method used at the time of the order. The days used will be deducted from the value of the service, unless otherwise decided by the support.
Article 7.7 : Cancelled services (indicated on the customer area) are not refundable.
Article 8 - Accessibility and operating time.
NetHeberg will make every effort to ensure that the service is available 24 hours a day, 7 days a week, subject to interruptions and necessary maintenance.
Article 8.1: NetHeberg reserves the right to interrupt the Internet connection of the host or even of the server, if it constitutes a danger
for the maintenance of the security of the NetHeberg hosting platform, either after a hack of the FTP or even of the server. NetHeberg undertakes to restore
the connection as soon as the client takes corrective measures.
Article 8.2 : NetHeberg will endeavor to ensure the availability of the service 24 hours a day, 7 days a week, depending on possible problems and maintenance delays that require an interruption of the access to the server
In the event of liability on the part of NetHeberg, the Client shall not be entitled to claim any consequential damages such as loss of customers, sales or profits.
In any case, the amount of damages that NetHeberg could incur, if its responsibility is engaged, will be limited to the amount that the client has actually paid to NetHeberg during the period of the last invoicing.
Article 9 - Special access.
For reasons of security breach prevention, SSH accesses are not provided with our web offers.
Article 10 - Late payment.
In case of late payment, NetHeberg will not charge any extra fee. The customer benefits from a margin day which will be applied only a limited number of times.If this margin day is exceeded, the
unpaidservicewill be suspended.If within 5 working days the service is still not paid, NetHeberg
will proceed to the complete deletion of the data of the hosting account
NetHeberg cannot be held responsible for the loss of data due to an omission or a delay of payment.
Article 11 - Redirections.
Redirects are included in all our web packages. NetHeberg reserves the right to remove a redirect if it redirects to a link or a fraudulent content that has been cited in article 4.3 of these Terms and Conditions.
Article 12. Resale of NetHeberg services.
The customer who has subscribed to a hosting service with NetHeberg declares to use his service for personal purposes.
In no case, the client can proceed to the resale of elements of his hosting such as databases, mailing lists, email accounts or any other content of the packages sold by NetHeberg.fr.
These conditions do not apply to "reseller" offers.
Article 13 – Special conditions for software sold by NetHeberg
Article 13.1 :Software sold by NetHeberg are virtual products that cannot be returned to NetHeberg. It is therefore non-refundable.
Article 13.2 :Some software sold by NetHeberg can only be used on a single server with an activation system. The software purchased can be activated on another server, but will be automatically inactivated on the old one. Any circumvention or fraudulent installation is prohibited and NetHeberg will be automatically informed.
Article 13.3 :The sharing and resale of files or software activation keys is strictly prohibited.
Article 13.4 :Software code is obfuscated so that it cannot be read or modified by humans or software. Any modification may inactivate the software.
Article 14 - Contact NetHeberg :
Contact NetHeberg through the customer area (NetHeberg.fr) or through our contact email address: contact@netheberg.fr.
Article 14.1: Only the above mentioned means of communication are considered official.
NetHeberg cannot be held responsible for support issues outside of these.
Article 15. Right to modify this contract
NetHeberg reserves the right to modify this contract at any time. It is the client's responsibility to inform himself/herself about possible modifications of this contract.
Last modified: July 20, 2023
Privacy Policy
Article 1 - Preamble
The purpose of this privacy policy is to inform users of the site:
- On how their personal data is collected. Are considered as personal data, any information allowing to identify a user. As such, it can be: his first and last names, his age, his postal address or e-mail address, his location or his IP address (non-exhaustive list);
- On the rights they have regarding this data;
- About the person responsible for processing the personal data collected and processed;
- On the recipients of this personal data;
- About the site's cookie policy.
This policy completes the legal notice and the General Conditions of Use that can be consulted by users at the following address
https://netheberg.fr/en/service-and-use-agreement
Article 2 - Principles relating to the collection and processing of personal data
In accordance with Article 5 of the European Regulation 2016/679, personal data are:
- Processed in a lawful, fair and transparent manner with regard to the data subject;
- Collected for specified, explicit and legitimate purposes (see Article 3.1 hereof) and not further processed in a way incompatible with those purposes;
- Adequate, relevant and limited to what is necessary for the purposes for which they are processed;
- Accurate and, where necessary, kept up to date. All reasonable steps must be taken to ensure that personal data which are inaccurate, having regard to the purposes for which they are processed, are deleted or rectified without delay;
- Kept in a form that permits identification of the data subjects for no longer than is necessary for the purposes for which they are processed;
- Processed in such a way as to ensure appropriate security of the data collected, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures
Processing is lawful only if, and to the extent that, at least one of the following conditions is met:
- The data subject has consented to the processing of his/her personal data for one or more specific purposes;
- The processing is necessary for the performance of a contract to which the data subject is party or for the performance of pre-contractual measures taken at the request of the data subject;
- The processing is necessary to comply with a legal obligation to which the controller is subject;
- The processing is necessary to protect the vital interests of the data subject or of another natural person;
- The processing is necessary for the performance of a task in the public interest or in the exercise of official authority vested in the controller;
- The processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, unless the interests or fundamental rights and freedoms of the data subject which require the protection of personal data prevail, in particular where the data subject is a child.
Article 3 - Personal data collected and processed in the context of navigation on the site
Article 3.1: Data collected
The personal data collected in the course of our activity are the following:
Name
First name
E-mail address
Address
Date of birth
IP address
The collection and processing of this data is for the following purpose(s):
- Notify customers of actions on their account, of work on the infrastructure.
- Prevent fraud.
- Ensure compliance with the general conditions of use and sale.
- To ensure the proper functioning of the services offered by this website.
Article 3.2 : Method of data collection
When you use our website, the following data are automatically collected:
IP address
Other personal data is collected when you perform the following operations on the platform:
Registration:
Name
First name
E-mail address
Address
Date of birth
IP address
Contact form:
Name
First name
E-mail address
Phone number
IP address
They are kept by the data controller under reasonable security conditions until the account is deleted.
The company may keep certain personal data beyond the above-mentioned time limits in order to meet its legal or regulatory obligations.
Article 3.3 : Data hosting
The NetHeberg website is hosted by :
OVH SAS
2 rue Kellermann 59100 Roubaix
Telephone number: 1007
Article 3.4 : Transmission of data to third parties
NetHeberg does not share data with third parties under any circumstances.
Article 3.5 : Cookies policy
A "cookie" is a computer file that is created and read when you browse a site. They allow data to be stored locally for future visits to the site.
This site uses session cookies that allowconnect to the various services offered by NetHeberg.
We also use cookies to make the user's navigation more comfortable on the site by storing other data such as the preferences of each user on the site (interface language, theme...).
The first time you visit this site, you are informed that it uses cookies.
Article 4 - Data controller and data protection officer
Article 4.1: The data controller
Personal data is collected by NetHeberg, a branch of the AJ Group which can be identified by its RNA: W751262758.
The data controller can be contacted as follows:
By e-mail: antoine@netheberg.fr.
Article 4.2: The Data Protection Officer
The company's or manager's data protection officer is :
Antoine Jouary
4 rue de Chantilly, 75009 Paris
Si you estimate, after having contacted us, that your rights "Data processing and Freedoms", are not respected, you can address an information to the CNIL.
Article 5 - The user's rights regarding data collection and processing
Any user concerned by the processing of their personal data may avail themselves of the following rights, pursuant to the European Regulation 2016/679 and the Data Protection Act (Law 78-17 of 6 January 1978):
- Right of access, rectification and right to erasure of data (laid down in Articles 15, 16 and 17 of the GDPR respectively);
- Right to data portability (Article 20 of the GDPR);
- Right to limit (Article 18 of the GDPR) and object to data processing (Article 21 of the GDPR);
- Right not to be subjected to a decision based exclusively on an automated process;
- Right to determine the fate of data after death;
- Right to refer to the competent supervisory authority (Article 77 of the GDPR).
To exercise your rights, please send a request through your customer area, or by e-mail to contact@netheberg.fr.
In order for the data controller to process the user's request, the user may be required to provide certain information such as: first and last names, e-mail address, and account, personal space or subscriber number.
Consult the cnil.fr website for more information on your rights.