The company's website www.oxatis.com is owned and operated by Oxatis Corp., S.A. Capital: 1,074,362 Euros. Head Office: Immeuble Acropolis, 171 bis chemin de la Madrague Ville, 13002 Marseille, France.
1 - DEFINITIONS
Main Email Address: Designates the Email Address that the Subscriber wishes to use to communicate with Oxatis.
Internet Solution Center: Designates Oxatis partners that perform certain services for Oxatis Subscribers.
Oxatis Email Account: Designates the email account provided to each Subscriber by Oxatis in accordance with the provisions of article 8 below.
Registration Date: Designates the Site ID and Password acquisition date.
Site ID: Designates the name of a Website.
Password: Designates the code that is attached to the Site ID.
Partner: Designates any third party company whose services are offered by Oxatis.
Services: Designates all of the services offered by Oxatis.
Website: The Website of a Subscriber whose address is a sub-domain of the domain Oxatis.com, such as SiteID.Oxatis.com, for example.
User: Designates an Internet user who is not an Oxatis Subscriber. These non-subscribers generally use the call back service set up on the Oxatis site.
The Subscriber represents and warrants the ability to contract and create binding legal obligations and the necessary authorizations to do so.
3 - OBJECT OF SITE AND DESCRIPTION OF THE SERVICES
The Oxatis Website is intended for professionals wanting to create their online store. To do so, Oxatis provides several types of Service, including but not limited to:
- Creation, customization, and modification of online Websites;
- Hosting of aforementioned Websites;
- Access to online applications;
- Access to all other Services offered by Oxatis.
Subject to other specific provisions, the Oxatis Website can be accessed from any location, given that minimal technical conditions are respected, particularly in terms of Internet access.
The Subscriber agrees to conform to general standards of behavior and public order relating to Internet users and applicable in the country from which the Subscriber uses the Oxatis Website.
Oxatis reserves the right to modify or relocate the content making up the Oxatis Website and to temporarily or permanently suspend the Oxatis Website in part or in its entirety. Oxatis reserves the right to do so at any time and without prior notification to the Subscriber.
4 - REGISTRATION-SUBSCRIPTION
At the time of registration, the Subscriber will select a Site ID and Password allowing them to access their account. The Subscriber is solely responsible for maintaining the confidentiality of the his or her Site ID and Password and accepts the consequences of all actions performed using his or her Site ID and Password.
The Subscriber guarantees the authenticity of the data he or she provides and that this information is exact, complete and up-to-date. The Subscriber is solely responsible for any false or inaccurate statements. If so provided, Oxatis reserves the right to suspend or terminate the Subscriber's account or the data and files therein, refuse access to these sites, pages, files and data or ban the Subscriber from any or all Oxatis Services without notice or compensation, and without prejudice to any rights or remedies the Subscriber may have at common law or in equity.
Oxatis reserves the discretionary right to suspend access to Services to persons providing information at the time of registration that Oxatis deems incompatible with the structure and management of our Services.
5 - PROVISION OF THE SERVICE
Online Website creation and hosting Services are provided to the Subscriber from the time of his or her registration on the Oxatis Website.
The Subscriber's rights to access Services are strictly exclusive and non-transferable.
For additional services involving a fixed date, such as online coaching, it is possible to postpone the scheduled date one time, and one time only, on the condition that the request is made 15 days before the scheduled service date. Excepting this case, all expenses relating to the service are the responsibility of the Subscriber and no refunds will be made for the cancellation of the service.
For services requiring the exchange of information with the Subscriber, such as the creation of a graphic charter or custom home page, the Subscriber agrees to provide the information necessary to perform the service in a timely manner. The absence or undue delay of said information will lead to the cancellation of the service at the Subscriber's expense and no refunds will be made.
6 - SUBSCRIPTION TERM
The Subscription Contract is concluded for a one (1) month period beginning on the Registration Date. It is renewable by tacit agreement for monthly subscription periods.
The Subscriber has the right to cancel any or all Services he or she was using in the preceding month.
If the Subscriber decides to cancel subscription to the hosting service, his or her Website will be deactivated but left intact for a twelve (12) month period in accordance with article 14.2 below to allow the Subscriber to reconsider his or her decision.
If the Subscriber purchases several monthly subscriptions corresponding to different Services in advance, these subscriptions are non-refundable and the Subscription Contract is concluded for the period covering all prepaid services.
No sum is owed by Oxatis to the Subscriber in the case of early cancellation of his or her Subscription Contract.
7 - FINANCIAL CONDITIONS
7.1 - Charges and Payment
The price and Special Conditions of Oxatis Services can be accessed on the site www.oxatis.com.
Oxatis reserves the right to revise these prices at any time.
7.2 - Billing
The Subscriber is billed monthly on the anniversary date of his or her subscription activation.
Subscription is payable in advance directly on the Oxatis site using the different payment methods available on the site www.oxatis.com.
In the case of late payment, Oxatis by right will charge the Subscriber a penalty calculated at the legal rate in effect, with a minimum collection of 15 Euros per payment incident.
In the case of denial from the financial institutions concerned by the payment method selected by the Subscriber, a fee of fifteen (15) Euros will be automatically billed to the Subscriber. Furthermore, Oxatis will no longer authorize the payment method giving rise to the denial and the Subscriber will have to select an alternative payment method for future payments.
8 - SUBSCRIBER OBLIGATIONS
The Subscriber agrees to use the Oxatis Website and Services in compliance with all stipulations in the Subscription Contract.
The Subscriber also agrees to respect all legal provisions in effect.
8.1 - Content Dissemination by Subscriber
The Subscriber is responsible for the Content he or she disseminates via our Services.
For all useful purposes, it is specified that the Subscriber remains the sole editor of the Content he or she edits. Oxatis can is no case be considered an editor of Websites created by our Subscribers via these Services.
When disseminating Content, the Subscriber agrees to respect all legal and statutory provisions in effect.
In this regard, the Subscriber agrees not to disseminate Content, regardless of their nature or form:
- justifying crimes against humanity or war crimes, Nazism, crimes or offenses, protesting against the existence of crimes against humanity or acts of genocide, violating human dignity or other offenses;
- inciting violence, pornography, pedophilia, or intending to harm minors;
- prejudicial to the public order and moral standards;
- considered to be libelous, defamatory, insulting, misleading, slanderous, or outrageous toward a third party, physical or moral person;
- involving acts of counterfeit, unfair competition or parasitism;
- of a racist or xenophobic nature, negating genocide, harmful to the honor or reputation of others, inciting discrimination, hate or violence towards a person or group based on their origins, sex, color, marital status, ancestry, state of health, disability, genetic characteristics, morals, real or assumed sexual orientation, age, political opinions, union activities, real or assumed membership to an ethnicity, nation, race or religion;
- considered as an invasion of privacy, revealing personal information about individuals or groups, or infringing on image reproduction rights of outside individuals;
- containing viruses, worms, Trojan horses, and any other items (file, software program, or other) of a destructive nature that may suspend, destroy or limit the functionalities of any computer or computer network closely or remotely connected to Oxatis activities;
- threatening a person or group;
- inciting crimes, offenses or acts of terrorism;
- violating secrecy of correspondence; or
- allowing a third party, directly or indirectly, to obtain pirated software, hacker programs or archives, viruses and other logic bombs and, more generally, any software or other program or application infringing on the rights of others and compromising the security of individuals and goods.
The Subscriber also agrees not to create hypertext links to other websites that do not respect these same principles.
Furthermore, concerning sites presenting products and e-commerce sites, the Subscriber agrees to:
- not distribute, reproduce, display, publish or otherwise commercialize products whose commercialization is strictly prohibited, in particular animal species and animal parts, firearms and explosives, cultural property, embargoed goods, stolen property, credit cards, Identification cards or documents issued by the government (ID cards, passports, birth certificates), lottery tickets, tickets or contracts (resale of travel contracts without rights), illegal decoders, drugs and associated objects, illegal surveillance equipment, counterfeit currency, coins and stamps, financial instruments (stocks, bonds, titles, deeds and other certificates), postage meters, banned or regulated merchandise, burglary tools (lock-picks, motor vehicle master keys), controlled substances, human organs or any other human body part, hazardous and illegal substances, tobacco and associated products;
- carefully read the contracts, regulations and terms of sale pertaining to each product as they are likely to restrict the rights of the Subscriber to sell said product on his or her Website; and
- verify that commercializing said products is not restricted by the administration.
8.2 - Email Accounts Used by the Subscriber
At the time of registration, the Subscriber provides Oxatis with the email address he or she wishes to use within the framework of the Subscription. This email address is the Subscriber's main email address (the Main Email Address). Oxatis communicates with the Subscriber through this address.
If the Subscriber wishes to change the Main Email Address, he or she must inform Oxatis immediately and modify this address in their personal information pages.
The Subscriber therefore agrees to regularly consult the messages sent by Oxatis to this address. All communications sent from Oxatis to the Main Email Address of the Subscriber is reputed as having been received and read by the Subscriber.
Oxatis uses this mailbox to send two types of mail:
- Mail containing technical information. Considering the important nature of these messages for maintaining the Oxatis/Subscriber relationship - accepted by the Subscriber - it is impossible to unsubscribe from this mailing list; and
- Mail containing customer service information (software development, new services, etc.). For this type of mail, the Subscriber is free to unsubscribe from this mailing list at any time using the link provided for this purpose in all of the messages sent to the Subscriber.
At the Subscriber's request, Oxatis can provide one or several mailboxes to the Subscriber depending on the services to which he or she is subscribed (the "Oxatis Email Accounts"). This mailbox service gives the Subscriber sole rights to the capture, consultation and transmission of computerized documents or electronic messages.
Sending unsolicited commercial email or "spam", such as sending unsolicited commercial emails from the Oxatis mailbox, especially to solicit personal information, sending nuisance email en masse and/or repeatedly to the same address from the Oxatis Email Account, email threats or attacks, or email containing false or misleading content, a false return address or erroneous path of transmission in an email sent from an Oxatis server is particularly considered as abuse of Email Accounts.
9 - OXATIS COMMITMENTS
9.1 - Continuity of Services
Oxatis must exercise due care with regard to the Subscriber.
Oxatis cannot be held responsible for the quality of services provided by our Partners insofar as the Subscriber has freely entered into a contract for this service with a Partner.
9.2 - Connection of Subscribers with Partners and Internet Solution Centers
Oxatis offers the services of third party Partners and Internet Solution Centers for our Subscribers from among our network of qualified professionals.
The Subscriber is free to abstain from or enter into contracts with the interested Partner or Internet Solution Center.
In any event, if the Subscriber and the Partner or Internet Solution Center establish a contractual relationship for any reason, Oxatis should be considered as a third party in this contractual relationship, exercising no control over the services of our Partner with whom we hold no employee-employer relationship.
9.3 - Hosting Services
The Website created by the Subscriber is hosted on Oxatis servers.
Oxatis reserves the right to interrupt Services at any time, without being held liable and without refund:
- in the event of a computer system, software or other server equipment failure;
- for maintenance and/or development reasons, and in particular for the modification of features, or technical infrastructures of our providers.
The Subscriber expressly accepts that a reference indicating that Oxatis hosts his or her Website be placed on his or her Website, so that Oxatis is in a position or respect the obligations to which we are subject as a Website hosting service, in particular in accordance with the 21 June 2004 law concerning trust in the digital economy. The Subscriber agrees to make sure that this reference is always visible by Internet users and not to hide this reference using any possible method/technique.
9.4 - Notification Procedure
If Internet users observe illicit Content and wish to have it removed, they are encouraged to inform Oxatis by means of the notification system provided for this purpose on the site www.oxatis.com.
The Internet user reporting illicit Content must provide Oxatis with all the necessary information either by email or using the form available on the site www.oxatis.com. This information may include but is not limited to:
- The date of notification;
- Their first and last name, profession, place of residence, nationality, date and place of birth if a physical person;
- Their corporate structure, company name, corporate headquarters and entity or organ representing them if a moral person;
- The description and precise location of the contentious material;
- The reasons why the content should be removed, including factual and legal grounds;
- The copy of the communication addressed to the author or editor of the contentious content requesting its removal, modification or suspension, or proof demonstrating that it was not possible to get in touch with the author or editor.
Upon receiving this type of notification, Oxatis can immediately and legally remove the Content presumed to be illicit in accordance with the legislative provisions in force. Oxatis can also request that the Subscriber who provided this Content supply any elements allowing them to justify the licitness of this provision.
If Oxatis receives a notification pointing out content referencing crimes or offences, crimes against humanity, inciting racial hatred or relating to child pornography, Oxatis will notify the proper authorities.
A User presenting Content as illicit to Oxatis, knowing that this information is inexact, in the aim of having said Content removed, may be held liable.
10 - INTELLECTUAL PROPERTY RIGHTS
10.1 - Oxatis Intellectual Property Rights
The sites www.oxatis.com, startandgo.oxatis.com, openenterprise.oxatis.com and their local versions (.FR, .IT, .ES, .CO.UK, .CA, etc.) are the exclusive property of the Oxatis Corporation.
All material protected by intellectual property rights and made available by the Subscriber remain the exclusive property of Oxatis.
Oxatis Subscribers acknowledge and accept that the Oxatis websites and their content - including but not limited to the text, software, music, sounds, photographs, videos, designs or any other material contained in the advertisements and any other information of a commercial nature produced and presented by the sites - are subject to protection by intellectual property rights (trademarks, copyrights, graphics, templates, or patents). Subscribers are not authorized to copy, use, reproduce, distribute any or all of the sites and/or their content or produce creations derived from any or all of the sites and/or their content without the express written agreement of Oxatis.
It is specified that the surrendered rights include:
- The right of reproduction, in particular the right to reproduce, by any means, any or all surrendered Elements, download said Elements on any current or future formats and mediums, magnetic or digital, and in particular multimedia materials, permitting public access through any form of public communication;
- The right of representation, in particular regarding the right of public access to any or all surrendered elements through any form of public communication;
- The right of adaptation, to wit: The right to adapt, by any means, any or all surrendered Elements, the right to correct any data or errors in said Elements;
- The right to translation and to have any or all surrendered Elements translated in any language, and the right to reproduce said results in accordance with the reproduction conditions mentioned in the present article.
10.2 - Subscriber Intellectual Property Rights
All material likely to be protected by intellectual property rights and provided by the Subscriber on his or her own Website remains the exclusive property of the Subscriber.
The Subscriber guarantees that he or she owns, or holds without restriction, all authorizations required in terms of intellectual property rights to use protected material on his or her Website. In this regard, the Subscriber protects Oxatis from all claims and/or actions which anyone may bring against us regarding the ownership of this Content, as well as any damages, whether direct or indirect, that Oxatis may suffer as a result.
Oxatis cannot be held responsible for incidents which may ensue from the diffusion of said Content by the Subscriber.
10.3 - Use of Subscriber references and information
Likewise, the Subscriber allows Oxatis to use this information in the "Testimonials" section of the Oxatis site.
The Subscriber expressly authorizes Oxatis to reproduce his or her logo or any other material from the Subscriber's Website that is protected by the framework of intellectual property rights.
The conditions of use concerning the Subscriber's contact information and Website elements in the "Testimonials" section of the Oxatis site can be specified in writing by Oxatis upon the express written request of the Subscriber.
The Subscriber has the right to refuse this use by providing Oxatis with his or her refusal in writing.
11 - DATA PROTECTION
11.1 - Collected Data
To use the Oxatis site and the Services we offer, Subscribers and Users are asked to provide Oxatis with personal information concerning said Subscribers and Users.
Subscribers and Users must provide the required data during the registration procedure in the mandatory fields (the "Data") to use Oxatis Services.
In the absence of required data, registration for Oxatis Services cannot be completed.
11.2 - Purpose
Data provided at the time of registration on the Oxatis Website and the during the use of our Services will be used for the following purposes:
- Accessing Services;
- Sending Oxatis newsletters;
- Preparing bills/invoices;
- Producing statistics about the use of the Oxatis website;
- Improving marketing and promotional efforts as well as the content and offers of the Oxatis site;
- Receiving custom offers.
11.3 - Data Treatment
The Data is intended for use by Oxatis personnel for site and Service management purposes. In an anonymous manner, certain data may be accessed by Internet users and may be transferred to commercial companies for prospecting purposes. Notwithstanding the foregoing, certain information, such as the password, credit card number, or bank account number will never be communicated to these companies in any form.
Under specific circumstances, Oxatis must disclose this Data to judicial authorities upon request.
11.4 - Data Conservation
Oxatis stores Data for a period of time that is strictly necessary to perform the aforementioned purposes. Beyond this period, the Data is exclusively stored for statistical purposes and will not be exploited in any way.
Oxatis is also obligated to store the data to allow for the identification of users who provide illicit content for the purpose of transmitting this data to competent authorities upon judicial requisition, excluding all third parties, in accordance with the conditions authorized by law.
11.5 - Data Transfer
Within the normal framework of our activities, Oxatis collects and treats information concerning Subscribers and Users in France. It is possible that some information is hosted by a technical service located in the United States of America, the role of said service being strictly limited to a technical information storage service. In this hypothesis, it is specified that this service will not use this Data in any manner.
11.6 - User and Subscriber Rights
Subscribers and Users have the rights of access, rectification, deletion, and opposition of their personal Data. If Subscribers or Users wish to consult the Data provided by Oxatis, cancel his or her subscription to any or all Services, to the newsletter or any other service, he or she can (i) consult the Data and/or make the necessary modifications in said Data in his or her personal information pages, or (ii) make a request, by registered letter with acknowledgement of receipt, to the following address: Oxatis - Customer Service - Immeuble Acropolis, 171 bis chemin de la Madrague Ville - 13002 Marseille, France.
Similarly, Subscribers and Users can also demand that inaccurate, incomplete, ambiguous or out of date personal Data be rectified, completed, clarified, updated or deleted.
Furthermore, Subscribers and Users have the right to object that his or her personal Data be treated or transferred by making a request, by registered letter with acknowledgement of receipt, at the aforementioned address. Certain Data being necessary for the use of Services, Subscribers and Users wishing to object to the treatment of their Data will not be able to use Services.
11.7 - Cookies
Subscribers and Users wanting to register on the Oxatis website and use our Services cannot object to the insertion of cookies on their computers because this allows us to customize the services and content available on the Oxatis website.
The identification code is stored in the computer for (1) year.
Using cookies is very common on the Internet network. Nevertheless, it is possible to object to the insertion of cookies by configuring the computer's browser preferences not to accept cookies. If the Subscriber or User chooses not to accept cookies in his or her browser, he or she can nevertheless use Oxatis Services in their entirety, after having registered, which is mandatory for the use of all Oxatis Services.
11.8 - Security
Oxatis commits to maintaining the confidentiality and integrity of any personal Data collected from the Subscriber or User.
12 - OXATIS GUARANTIES AND RESPONSABILITIES
Oxatis is not responsible for the Content hosted via Subscriber Websites.
As a reminder, Oxatis has no control, in any form, over the nature and characteristics of the data that may pass through or be stored via our Services. In this regard, Oxatis will not be held responsible for:
- The content of messages sent by the Subscriber by means of Oxatis Services;
- Damage caused by the loss, alteration or fraudulent access to the data stored and/or hosted by Oxatis.
For all practical purposes, it is specified that Oxatis is not the editor of Subscriber Websites and, consequently, Oxatis cannot be held responsible for any reason in this regard.
Oxatis will not be held responsible for any indirect damage, such as the loss of income, clientele, data, any financial or commercial damage, commercial disruption, loss of profit or any immaterial damage.
Oxatis will not be held responsible for content available on other sites or Internet sources accessible through hypertext links inserted on the site (and in particular owing to advertisements, products, services or any other information).
In accordance with the provision of articles 9.3 and 13, Oxatis reserves the right to remove or suspend access to any Content after receiving a notification from a Subscriber or third party, or if we have actual knowledge of the flagrantly illicit Content. Oxatis will not be held liable for in consequence of this removal or suspension.
Oxatis is not able to guarantee Subscribers that no errors will occur while using the site. Oxatis does not guarantee that the obtained results, information and services will be free of defect or error.
Moreover, Oxatis is dependent on the quality of the Internet network. Consequently, Oxatis does not guarantee the reliability of our Services and does not correct faults observed on the Internet network. Thus, Oxatis will not be held liable for difficulties in the diffusion of Content or, more generally, for any disruption of the Internet network affecting the use of our Services. Oxatis makes no guarantees concerning the diffusion conditions, diffusion quality, transmission and accessibility of Content.
13 - CONTENT REMOVAL AND SUSPENSION OF SUBSCRIBER ACCOUNT
Oxatis also has the right to block the Subscriber's access to any or all Services or suspend the Subscriber's account at any time and without compensation for any period of time Oxatis deems appropriate.
Insofar as is possible, Oxatis will notify the concerned Subscriber about the removal of the Content or the suspension of his or her account and the reasons prompting this removal or suspension.
14 - CANELLATION AND DEACTIVATION
14.1 - Cancellation
14.2 - Deactivation
15 - MISCELLANEOUS
15.1 - Force Majeure
Any event relating to a case of force majeure, such as is normally defined by case law, suspends the rights and obligations of the parties. In the case where the events persist beyond a two (2) month time period from the time of incidence, the parties can terminate the Subscription Contract with no penalties by means of a registered letter with acknowledgment of receipt notifying the facts in question and the date of incidence of the force majeure.
15.2 - Partial Invalidity
15.3 - No Partnership
15.4 - Confidentiality
This commitment remains in effect during the deactivation of the Subscriber's Website.
15.5 - Transfer of Subscription Contract
The Subscriber cannot transfer the Subscription Contract, or any part thereof, to a third-party person in any form, by onerous or free title, or let a third-party person profit from the advantages of the subscription or be replaced by a third-party person for the fulfillment of obligations, without the prior express approval of Oxatis.
15.6 - Notification / Complaint
Unless otherwise indicated, any complaints and/or comments from the Subscriber or a User must be addressed to Oxatis by registered letter with acknowledgment of receipt at the following address:
171 bis chemin de la Madrague Ville
15.7 - Applicable Law and Competent Jurisdiction
In case of dispute, and after an attempt to reach an amicable solution, the court having express jurisdiction is that of Marseille.