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General Sales Terms with Artful Webdesign, Oscommerce website creations and web hosting

INTRODUCTION


The present Terms and Agreement are valid for all our products and services (installation, osCommerce add-ons, domain names, web hosting, etc..) ordered on the website ARTFUL WEBDESIGN, the creator of websites, installations of osCommerce websites and webhosting as presented on the site www.artful-webdesign.com and the Customers of the website

DEFINITIONS USED


- "Artful Webdesign": situated at 89 chemin of Frayere, 06650 Le Rouret (FRANCE), proposes different internet services, including shared webhosting for websites such as osCommerce sites, domain name registration, installation or re-installation or upgrading of osCommerce websites, website creation, website products such as personalized web buttons, and free services such as translations and advice.

- "Authorities": national or international organizations responsable for the establishment of rules and regulations as well as the application of laws.- "Bandwidth": the maximum amount of data transmitted to a server generally specified in number of bits per second, the quantity of which is deterrmined by ARTFUL WEBDESIGN, and allotted in a shared manner among Customers hosted on the website.

- "Invoice": an invoice is the bill for services and is available online in your account on the website of ARTFUL WEBDESIGN at the address "http://www.artful-webdesign.com".

- "Customer": any person benefitting from the Services with ARTFUL WEBDESIGN.

- "Sales Terms" or "Agreement": are the terms and conditions governing the Services proposed by ARTFUL WEBDESIGN and subscribed by the Customers.

- "Email" or "Mail": electronic mail sent through internet using different protocols: POP3, IMAP, etc..

- "Software" : all the programs, data bases, scripts, procedures, software systems, etc.. treating automatically data, made available to the Customer by ARTFUL WEBDESIGN through the Service provided.

- "Domain Name": the internet ID or address available on internet no matter which generic extension is used (".com", ".net", ".biz", etc..) registered by the Customer through ARTFUL WEBDESIGN and ENOM, the Registrar with whom the process of domain name registration is confided by the Customer to ARTFUL WEBDESIGN.

- "Partie(s)": ARTFUL WEBDESIGN and/or the CUSTOMER.

- "System Ressources": the stocking capacity, memory (RAM) and (ROM) on the Server, as well as the processor ; the Software which are assoiated, as well as the Bandwidth allocated to the Customers by ARTFUL WEBDESIGN in the Services provided.

- "Server": the Server(s) platform, with the exception of the Software, permitting ARTFUL WEBDESIGN to insure the Service.

- "Service(s)": all the prestations furnished by ARTFUL WEBDESIGN and which are detailed in the Sales Terms.

- "Additional Service(s)": any prestations that are not included in the Service provided and which the Customer would like to add on. They are thus added through a specified orderr made by the Customer in agreement with ARTFUL WEBDESIGN.

- "Free Services": prestations furnished at no charge under the conditions noted in the Service.

- "Shared Hosting Service": Service by which ARTFUL WEBDESIGN makes available a stocking space, as defined in the Invoice, on the ARTFUL WEBDESIGN Server, associated with the system Ressources, shared by several Customers, allowing to make the data available to the Customer on internet at a reasonable cost.

- "Website": the internet website, applications, software, data bases etc.., as well as the contents associated for the Customer.

- "Spam": the illegal electronic communication unsolicitated by a receiver, sent by e-mail, either in mass mailing or isolated e-mails, mostly as publicity, fraud, commercial sales, etc..

- "Traffic": the quantity of data transmitted or received by the Customer to or from the Server and/or the Website for a given period. The monthly Traffic is measured in terms of the quantity of data transferred from and to the Website or the Server of the Customer and expressed in Méga Octets (Mo).

PERSONAL INFORMATION


The Customer disposes, in agreement with the "Informatique et libertés" n°78-17 ddated the 6 January 1978, of the right to access, modify, rectify and oppose the stockage of personal information concerning him by using our Contact page..

The handling of personal information by ARTFUL WEBDESIGN is outlined in our Privacy page available on the Website ARTFUL WEBDESIGN at http://www.artful-webdesign.com/privacy.php and the Customer is invited to read the clauses.

For websites hosted certain of this information (especially name, address, e-mail, telephone and fax, website address, etc.) will be rendered public by ARTFUL WEBDESIGN according to the rules established by by ICANN, the body governing domain names, as well as the NIC for inclusion in their Whois to enable future clients to find the Customer's website.

ARTFUL WEBDESIGN does not use or divulge any personal information without the explicit consent of the Customer. ARTFUL WEBDESIGN would only divulge this informations without notice, if obliged by or if convinced, in good faith, that such an action is necessary as established by our Privacy policy or in these Sales Terms.

The Customer agrees to the handling of personal information according to his Contract. The Customer declares that he has been notified in advance and has obtained the permission of the person whose names and coordinates he has furnished, especially for the registering, transferring and the handling of the Domain Name.

The Customer agrees that the personal information be transferred by ARTFUL WEBDESIGN, as needed for the proper execution of the Service provided and to the suppliers of ARTFUL WEBDESIGN.

DATE OF EFFECT


The present Sales Terms take effect on the date of the Customer's inscription on the website ARTFUL WEBDESIGN or through the transmission by the Customer to ARTFUL WEBDESIGN of the invoice and payment. The Service(s) will be available on the date of the transmission by ARTFUL WEBDESIGN to the Customer of the elements concerning his Identification allowing him to have access to his Customer Account, understanding that these elements of Identification will be transmitted to the Customer no later than two (2) days from the inscription date or payment to ARTFUL WEBDESIGN.

In order that the Service be insured without interruption and and to avoid any loss of data and Domain Name, the Customer must send at least seven (7) days before the date of the present Contract, an Invoice properly completed as well as the payment to ARTFUL WEBDESIGN.

The length or availability of the Service is stipulated on the Invoice or the followiing e-mail concerning the invoice. In terms of webhosting the Customer will be informed should the Services be interrupted by email, should he not renew his hosting plan before the expiration date.

The present Sales Terms remain valid until the expiration of the last Agreement whose end date is noted on the Invoice.

WEB DESIGN, CREATION WEBSITES, INSTALLATION OSCOMMERCE, WEBHOSTING


In exchange for sums paid in advance, we will according to your invoice either create your website, install or reinstall osCommerce on your Server or host your website on our Servers, as long as you are in agreement with our Sales Terms as herein presented on this page, and any other agreement in relation to the services that we furnish you.

The dispositions in the present Sales Terms corresponding to the Invoice fully express the agreement concluded between both parties. They prevail over any other proposition, commercial offer, exchange of letters preceeding and following the present invoice, as well as any other disposition figuring in the documents exchanged between the parties and in relation to the object of our Sales Terms.

We furnish the services according to the specifications listed in your sales quote, the oscommerce add-ons and webhosting plans available on the website, as well as any free services présented on the website.

PERMISSION TO INSTALL, REINSTALL OR HOST YOUR SITE


In order for us to create, install or reinstall osCommerce, or host your website, it is necessary for you or us to upload your content of your former website (if there is one) on your or our Servers. In doing so, we or you are in the process of making one or more copies of your content on your or our system. In purchasing a webhosting plan, you acknowledge that these copies are made, and you give us permission (the licence) to maintain these copies and to make them available on the internet. You alone are responsable to furnish all the conent of your website and linked data. In terms of the creation of a new website by us you can choose to have us install the new website on your or our servers or to receive it by e-mail.

PERSONAL INFORMATION


When you create an account or order a product or service, your personal information, including payment information, are transmitted by SSL (Secure Socket Layer technology), the standard for encryption of sensitive data. We are very serious about your rights to privacy and security, and thus we will never sell your information to another party (other than a company that may eventually purchase ARTFUL WEBDESIGN), and we will take all reasonable mesures to avoid that they be visible to others. In terms of payment only our bank has access to your credit card information. ARTFUL WEBDESIGN HAS NO ACCESS TO YOUR BANKING INFORMATION, INCLUDING YOUR CREDIT CARD !

For any questions, comments or requests concerning our practices and procedures please use our Contact page

BACKUPS


- In order to install or reinstall an sCommerce website or to add on contributions to an existing osCommerce website The Customer must make a complete backup of his original website including his database on his local computer to allow, in case of problems, to restore the website to the original state.
- For a Hosting Plan we strongly encourage you to do regular backups, including your database et LEAST after every change and most imprtantly all database changes.

If the Services allowing Customers to electonically transmit or upload their content directly to the website of the Customer, the Customer will be totally responsable for uploading/downloading all the content of his website and modifications as well as upgrades, including backups.

The files larger than 40MB will not be backed-up on our Servers and in case of an incident on the Server, will not be recoverable.

ARTFUL WEBDESIGN will not be held responsable for any dammages to the content of the Customer, the website of the Customer or any other dammage or dysfunction or interruption of the service caused by a malfunction linked to the content of the Customer or or any other aspect of his website.

The Customer is solely responsable to make backup copies of his website and his content.

ARTFUL WEBDESIGN does not maintain copies of Customer's emails or websites. ARTFUL WEBDESIGN can not guarantee that the contents of a website will not be deleted or corrupted, nor that a website backup will always be available, the Customers must always make copies of all the contents including and especially the database, on their own computer and ARTFUL WEBDESIGN strongly encourages the Customer to make a supplementary copy (on cassettes, CD, DVD, external hard drive or other) to insure that the most recent files will always be available.

ACCEPTABLE OR ILLEGAL USAGE


ARTFUL WEBDESIGN tries to maintain a high quality of service, and many clients depend upon the quality of our service. Thus, we do not furnish services to those who use our services for:

- Hacking,including, as example attempts to access, without auhtorization, to another account, computer or reseau. The scanning of Ports, hidden scanners, and "phishing" are also forbidden.

- The hosting of files or other data which is in violation of copyrights or other intellectual property.

- Spamming, or unsolicited mass mailings. Our policy concerning spamming, includes unauthorized commercial messages by means of our services, or in maintaining an open SMTP connexion. We reserve the right to refuse or terminate the service based on any reasonable indications that you are engaged in spamming of any kind.

- Scraping, uploading, downloading or hotlinking the content in violation of the rights of another.

- The diffusion of hate messages, obscenity or abusive language or content, which could be considered also as fallacious or defamatory.

- Hosting, stocking, or the diffusion of pornography. If such content is found or should someone draw our attention to your content, we will alert the proper legal Authorities.

- Hosting large amounts of data which are not directly in relation to your account is also forbidden, ARTFUL WEBDESIGN encourages Customers to look for other solutions to save or stock this data as there are services specialised in that domain.

CONTENT


All the services furnished by ARTFUL WEBDESIGN can be used ONLY in a legal manner.

The Customer accepts without reserves nor restriction to indemnify and consider innocent ARTFUL WEBDESIGN in any action resulting in an illicit use of our services by the Customer or his agents.

Use of our services to to infringe upon the copyrights of another is forbidden, including but not limited to unauthorized copies of music, books, photos, or other work protected by copyright. The sale of counterfeit products will also result in immediate deletion of your account, as well as the denunciation to the proper Authorities. If you believe that your copyright material has been violated, please contact us with the necessary information.

Examples of inacceptable matériel on our Servers include :

- IRC (Bots), Proxy Scripts / Anonymisers, Hacked Software / Warez, image, filedump, mirror, or rotating ad banner services (similar to rapidshare, photobucket, or commercial rotating banners), Affiliate Servers, topsites, streaming (more than one or two streams), Escrow, Programs High-Yield Interest (HYIP) or similar sites, Investment sites (FOREX, egold exchange), sale of controlled substances without formal proof of an appropriate permit, sites AutoSurf, Bank Debentures, Programs of Bank Debenture Trading, Programs og Prime Banks, lottery sites, muds / rpg, hate sites, sites focalized hackers/archives/programs, or sites that promote illegal activity, IP Scanners, Programs Brute Force, Mail Bombers and SPAM Scripts. Forums and/or websites that diffuse or link to content warez are forbidden.
- The promotion of downloading streaming video and/or audio or downloads, files MP3, Games and shareware are also forbidden on our Servers at ARTFUL WEBDESIGN.

- Use of a shared account as a solution for backup or stockage is forbidden, except a backup of the cPanel of a single account.

The services ARTFUL WEBDESIGN, including all the equipment authorized, reseau and services for a réseau are furnished only for for use by authorized Customers.

The ARTFUL WEBDESIGN systems can be monitored for legal reasons, including to guarantee that the use is authorized, to maintain the system, to protect against a non-authorized access, and to verify the security procedures, survivability and operationnal security. During the monitoring, the information can be examined, registered, copied and used for authorized reasons. The use of ARTFUL WEBDESIGN systems implies consentement to the monitoring for the above reasons.

We reserve the right to refuse our services to whoever we choose. All material that, according to our critera, is obscene, menacing, illegal, or in violation of our Agreement in any manner whatever is forbidden on our Servers, will be deleted with or without warning.

Failure to respond to an email sent from our service department beyond 48 hours could result in the suspension or termination of your services. Any abusive incident will be treated by email and requires an answer within 48 hours.

If you have any doubts about the content of your site or a service, please use our Contact page.
We will be happy to help.

The potential danger to minors is forbidden, including but not limited au pornography or content considered as pornographic (Lolita): A site which contains a content pornographic or links to sites that are pornographic will immediately be terminated without warning.
Violations will be reported to the proper Authorities.

It is your responsability to insure that your scripts or programs installed in your account are secure and that the permissions for the files and directories are correct, in spite of the method of installation. When possible, set your permissions for the directories to 755 and the files and images to 644 or as restrictive as possible. NEVER USE PERMISSIONS 777. The Customers alone are responsable for all actions made to their accounts, including the security of Usernames and Passwords.

All the files larger than 10MB must be linked to files of the same account and also publicly available to the domain name attached to your account. The large files (over 10MB) must not take up more than 40% of your account data.

ANTISPAM


We have NO tolerance for the sending of unsolicitede-mails, mass e-mails, and spam as stated earlier. "Safe lists" and "double opt-in" will be treated as spam. A Customer who sends spam will have their account deleted with or without notice. sites using SPAM as publicity (Spamvertised) will not be tolerated on our Servers. Examples are, but not limited to SPAM sent by fax, e-mail, instant messages, or usernet/newsgroupes. NO organization or entity listed in the ROKSO ( Register of Opérations of known Spam database) will be hosted on our Servers. An account which causes our IP to be blacklisted will immediately be suspended and/or terminated. ARTFUL WEBDESIGN reservess the right to demand changes or the disactivation of an account, website, database, or other service that does not respect our established Conditions. ARTFUL WEBDESIGN reserves the right to charge the account owner who sends unsolicited e-mail the cost of "cleanup" following the damages done. The cost is entirely up to the discretion of ARTFUL WEBDESIGN.

BANDWIDTH, DISK USAGE, EMAIL AND FTP ACCOUNTS


ARTFUL WEBDESIGN fournishes to our Customers Bandwidth, disk space and other ressources, such as e-mails, mysql data bases, and/or accounts of file transfer protocol("FTP"), the quantity being defined in the pages on the website ARTFUL WEBDESIGN describing webhosting plans. In certain cases, the Bandwidth specified can not be described and is listed as Unlimited. In any case, the Services are planned to be used in a normal manner only, and any activity which results in an excssive use not corresponding to normal use is forbidden. ARTFUL WEBDESIGN reserves the right to suspend, or terminate accounts using disk space, Bandwidth or other ressources in a manner presenting a risk to the services of other clients,in spite of the quantity of disk space, Bandwidth or other ressources included in the hosting plan of the Customer. The Customer accepts without reserve nor restriction that such usage will not exceed the quantities established by ARTFUL WEBDESIGN for the Services purchased and depends upon normal usage established by ARTFUL WEBDESIGN.

The hosting space is established for normal use only, and limited to Web files, active e-mail and the content of the hosted site, and not for stockage (beit media, e-mails, or other data not related to the website). The hosting space can not be used as stockage off-line for electronic files, mail or FTP hosts. The Customer is responsable for taking off the files, e-mails or other data which is not in compliance with these Conditions, nor in accordance with the limits of use for your account, in which case we will remove and terminate the materials (including without limitation the files and e-mails), and/or your account, the actions taken will be at our sole discretion.

ARTFUL WEBDESIGN will monitor the use of Bandwidth, disk space and other ressources of the Customer. ARTFUL WEBDESIGN reserves the right to take any corrective action necessary if the use of Bandwidth, disk space and other ressources exceed the allowed limits, or are used improperly or for inappropriate stockage. Corrective action can include an increase in financial charges, disactivation or termination in part or totally of the Services, up to the termination and deletion of the website of the Customer in question, the content of the Customer account, his mail and services e-mail and/or other materials and services, these actions being up to the absolute discretion of ARTFUL WEBDESIGN.

UNLIMITED DOMAINS


Unlimited Domaines refer to sub-domains, parked domains and add-on domains. In any case, the Services are planned for a normal use only, and any activity which results in an excessive use in relation to a normal use is forbidden. ARTFUL WEBDESIGN reserves the right to suspend, or delete the accounts of Customers whose usage of sub-domains,parked domains and add-on domains present a risk for the normal use of services for other clients, in spite of the quantity of domains included in the hosting plan of the Customer. The Customer accepts without reserve nor restriction that such usage will not exceed the quantities established by ARTFUL WEBDESIGN for the Services purchased and in addition must comply with the norms established by ARTFUL WEBDESIGN. These allocations are optimized and in the best interest of the services allocated to Customers hosted with ARTFUL WEBDESIGN.

If ARTFUL WEBDESIGN is obliged to take corrective actions as noted, the Customer will loose all rights to a refund or credit for any sums paid prior to the action taken. The Customer will respect and accept without reserve nor restriction to abide by all applicable laws, rules and regulations concerning the website of the Customer, his content and/or the services of electronic mail of the Customer, including the Bandwidth, disk usage and other ressources and will use the services and resources only within the limits of the law.

The Customer CAN NOT USE :

- The Services for copying the material of other parties (including text, graphics, music, videos or other materials protected by the law or copyrights without authorization;

- The Services for infringing rights, copyrights, brands or other intellectual property of third parties;

- The Services for an illegal Traffic of drugs, games, obscene material or other products or services which are forbidden by the law;

- The Services for exporting encrypting Software in violation of laws;

- The Services for falsifying message headers, entirely or partially, for hiding the true identity of the sender of the message.

If ARTFUL WEBDESIGN discovers that the Customer is inviolation of any law what-so-ever in relation to the website of the Customer, his content and/or his electronic email, use of Bandwidth, disk usage or other ressources, ARTFUL WEBDESIGN will be obliged to inform the Authorities and/or other agencies of the inappropriate behavior and will furnish Authorities with the necessary information concerning the Customer, his Website, the content and his e-mail.

The Customer has the obligation of respecting the requirements concerning the usage or limits of Bandwidth, disk space or other ressources, and monitoring the usage to insure that the Website is not in violation of the requirements nor exceeds the limits allotted for the accounts and is in agreement with these Conditions. ARTFUL WEBDESIGN will do all possible to send an e-mail to Customers who are near defined limits, but ARTFUL WEBDESIGN can not be held responsable if the e-mail notification is not received by the Customer. ARTFUL WEBDESIGN reserves the right to suspend the service until the beginning of the following month for the event exceeding the allocation.

RESSOURCE USAGE


THE CUSTOMER CAN NOT :

- Use 25% or more of the system resources for more than 90 seconds. There are numerous activities capable of creating this problem, including : scripts CGI, FTP, PHP, HTTP, etc..

- Run stand-alone proceses, without monitoring Server side, including daemons, such as IRCD.

- Run a bot or indexer (like Google Cash / AdSpy) on the Servers.

- Run Software that interfaces with a reseau chat IRC (internet Relay Chat).

- Run applications like bit torrent, tracker, or client. Vous can link to torrents off-line, but can not host them or stock them on our Servers.

- Participer in the sharing of files or activités peer-to-peer

- Run games such as counter-strike, half-life, battlefield1942, etc.

- Run the cron jobs in intervals of less than 15 minutes

As our services suit most Customers, for certain websites it may be necessary to upgrade to another hosting plan, which would give a CPU with more resources. We reserve the right, to suspend the service to a client with a website or other hosted data using more than 10% of the Server ressources and/or 10% of the CPU of Server. That means that should your website use more than 10% of the CPU and memory of the service, nous reserve the right of taking your site off-line. If this is necessary, you can ask to upgrade to a bigger plan, or ask for a pro-rata refund of the of the amount paid in advance for the services. Due to the severity of such action, and our capacity to act quickly for correct these problems in order to avoid Server errors, we will do everything possible to send you warning that your site may be taken off-line, although we have no obligation to do so.

INODES


The use of more than 50,000 inodes in an account could potentially cause a suspension of services. Accounts exceeding the limit of 50,000 inodes will automatically be pulled off our backup system to avoid any incident for the backup server. Each file (a web page, image, email, etc.) in your website account uses 1 inode. Sites slightly exceeding our inode limit will probably not be suspended ; however, the accounts which constantly create and delete a large number of files, contain hundreds of thousands of files, or cause damages to the system of files will be marked for inspection and/or suspension. With time, the tens of thousands of messages (or more) add up, eventually pushing the account beyond the inode limits. To disactivate your default e-mail box (which catches the errors), connect to your cPanel and choose "Mail", then "Default Address", "Set Default address", and then type : :fail: No such user here.

AVAILABILITY OF THE SERVICES


We try to supply services 24 hours a day, 7 days per week for as long as you have subscribed to our services. Sometimes, for divers reasons, the services may be temporarily unavailable. You must acknowledge and agree that with webhosting technology occasional interruption of services is unavoidable. Sometimes the interruption may have a material cause. At other moments it is a brief period for maintenance or repairs, and sometimes, the reasons are beyond our control such as a blackout, interruption or failure of the phone connections or transmission, hostile attacks, Traffic overusage, and other events. We do not guarantee a service totally without intéruption but rather a service that turns around 99,9%.

SATISFIED OR REFUNDED


As this paragraph explains, we offer a 60 day guarantee on our webhosting plans. If you decide to cancel your account in 60 days we will refund you the remaining prorata sums paid, except for the cost of certain service (if any), as well as the cost of domain name registration even if it was offered in your hosting plan. As the cost of name registration charged to us is 15.90 Euros, we will thus deduct 15.90 Euros from your refund, which will give you the full property rights to your domain name.

In order to cancel your plan you must send us an email using our Contact page.

Note: Supplementary services such as additional domain names, private SSL certificates, search engine submission, site transfers, are not refundable. ARTFUL WEBDESIGN reserves the right to cancel your account within 72 hours if you are impolite or vulgar in your communications with our staff.

RENEWING HOSTING PLANS


When you sign up for a hosting plan, your account ARTFUL WEBDESIGN will be automatically renewed, which means that at the ending date of your plan (annual), your and your domaine name will be renewed. At renewal time, you will receive a bill to renew. Should you not want to renew your plan, you must inform us 14 before the renewal date. If you have any questions concerning the date, just contact us. If have not declared your intention to cancel 14 days before the renewal date,then you will be responsable for paying for another year.

If more than 15 days pass beyond the date to renew and the sums due are not paid then your account will be terminated and all files, data, emails destroyed and your domain name no longer available.

By the present you accept without reserve nor restriction all the policies of ARTFUL WEBDESIGN concerning the retention of data, and renounce to rights to your data and domain name in this situation.

Due to restraintes by our Registrar concerning domains and the extensions of domains we can not handle the domains with TLD as example .fr and .com.au.

SALES TERM CHANGES


Due to the evolution of our company and the changing nature of webhosting, these Sales terms can be eventually modified. We will post the changes here, and your use of our services implies acceptation of the changes made.

LEGAL COSTS


If ARTFUL WEBDESIGN is attacked or threatened with a suit by a third partie because of any manipulation on your part or illegal use of our services, you accept without reserve nor restriction to pay all the court costs and other costs incurred by ARTFUL WEBDESIGN should ARTFUL WEBDESIGN be condemned or obliged to pay to settle the dispute you have provoked. In legal terms we have the right to an "indemnification". Not only are you in agreement to reimburse ARTFUL WEBDESIGN fthe court costs, but you accept as well without reserve nor restriction to pay to ARTFUL WEBDESIGN the attorney fees and any othe fee concerning the defence of ARTFUL WEBDESIGN.

DISCLAIMER


ARTFUL WEBDESIGN FOURNISHES SERVICES "AS IS" AND "ACCORDING TO THEIR AVAILABILITY". ARTFUL WEBDESIGN DOES NOT GUARANTEE THAT THE SERVICES WILL TOTALLY SATISFY YOUR TASTE, NOR THAT THE SERVICES WILL BEE WITHOUT INTERRUPTION, SECURIZED, OR WITHOUT ERROR, NOR THAT ALL DEFECTS WILL BE REPAIRABLE. ARTFUL WEBDESIGN DOES NOT GUARANTEE THAT THE USAGE, NOR RESULTS OF THE FURNISHED SERVICES, IN TERMS OF THEIR EXACTITUDE, DEPENDABILITY, OR OTHER. Certain juridistions ne allow disclaimers of implied guarantees, and as such this disclaimer may not apply to you.

LIMITATION OF RESPONSABILITY


IN NO CASE WILL ARTFUL WEBDESIGN BE HELS RESPONSABLE TO YOU OR ANY OTHER PERSON FOR DAMMAGES INDIRECT, ACCIDENTAL, SPECIAL, EXCEPTIONNAL OR PUNITIVE, INCLUDING LOSS OF PROFIT, FOR WHATEVER REASON, THAT SUCH DAMMAGE BASED ON A CONTRACT, NEGLIGENCE, RUPTURE OF IMPLIED GUARANTEES, RUPTURES OF THESE CONDITIONS OR ASSILIMATED AGREEMENT AND PLOICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILESS, EVEN IF ARTFUL WEBDESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMMAGES. You accept without reserve nor restriction that in any case the maximum amount of our résponsabilities will not exceed the amount you paid for the services in question.

GOVERNING LAWS


The Sales terms are subject to French law.

In case of difficulty to interpret or apply these Sales terms, the parties agree to seek a friendly solution before taking any legal action.

ANY ACTION SUSCEPTIBLE TO ARISE CONCERNING THESES SALES TERMS, THEIR INTERPRETATION AND THEIR CONSEQUENCES OR WITH THE ACTIONS COMPLETING OR MODIFYING THEM, ONLY THE TRIBUNAL DE GRASSE (FRANCE) WILL BE CONSIDERED AS COMPETANT.

If vous are already client, and you are not in agreement with these terms, please cancel your account. Otherwise, should you wish to continue to use our services, you accept without reserve nor restriction this Agreement. If have any questions questions concerning these terms of service, please contact usr.

As a client with ARTFUL WEBDESIGN you accept without reserve nor restriction the present Sales termd and Conditions.
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