This translation is provided for information only. In the event of any discrepancy, the French version shall prevail.
The services presented on the website www.paomedia.com are provided by PAOMEDIA, a SARL (limited liability company) with a share capital of 1,000 euros, registered with the Caen Trade and Companies Register under number 504 420 670, whose registered office is located at 1 rue Martin Luther King, 14280 SAINT-CONTEST, France.
PAOMEDIA offers professional and private customers complete service packages dedicated to the creation of software (websites, online applications or other).
"our company" or "PAOMEDIA": the company PAOMEDIA designated above.
"customer": the natural or legal person who places an order for a website or an online application.
"server": the computer connected to the Internet providing various services such as file storage, e-mail transfer and website hosting.
"software": the set of programs, processes and rules relating to the operation of a data processing system. The software is the program identified by a source code, independently of any hardware medium.
"domain name": the Internet address used to access a website and to route e-mail to mailboxes.
"registry" or "registration office": the legal entity that manages the main database of domain names for a specific top-level domain (TLD).
"whois": the database system allowing anyone to obtain contact information related to domain names.
"extension": the suffix of the domain name (.com, .net, .fr, ...).
The purpose of these general terms and conditions is to define the conditions under which customers may benefit from the service offers proposed by our company.
These offers consist of the following services:
The customer acknowledges having read all of these elements prior to placing any order, and therefore declares to be fully informed of the nature and specific characteristics of the service offer subscribed to. On the basis of the elements thus made available, the customer is solely responsible for the choice of the offer subscribed to, as well as for the duration of the commitment.
It is the customer's responsibility to ensure that the information, documents and data communicated to our company for the performance of the services subscribed to are accurate and complete. Any consequence of incomplete, missing or erroneous information shall be the responsibility of the customer, who may not then hold our company liable.
The offers proposed by PAOMEDIA include a service dedicated to the registration and renewal of domain names. It is expressly stated that, within the framework of these services, our company acts as a technical intermediary whose role is to register, renew or transfer the domain name(s) chosen by the customer according to the criteria defined by the customer, under the customer's sole responsibility, in particular with regard to the duration and the extensions.
PAOMEDIA offers to register domain names with the registry corresponding to the extension chosen by the customer. Before registering a domain name, the customer must check whether it is available. The customer may consult the whois to check that the domain name has been properly registered. In the specific event that the domain name chosen by the customer is not validated by the registry, the customer shall choose and register a new domain name.
The customer is solely responsible for the choice of the domain name to be registered. It is therefore the customer's responsibility to take all necessary precautions to ensure that this domain name does not infringe the laws and regulations in force and respects the rights of third parties, such as, in particular, industrial or intellectual property rights and the right to the protection of family names.
PAOMEDIA recommends that the customer check that the domain name to be registered corresponds neither to an already registered trademark nor to the corporate name of an existing legal entity. To do so, checks should be carried out with the National Trademark Register (RNM) and the National Trade and Companies Register (RCS). It is also stated that the registration of a domain name is not a trademark registration. It is therefore the customer's responsibility to take all necessary measures to ensure the effective legal protection of the domain name.
According to the terms of the contract, the customer's website may be indexed by the search engines available on the Internet. In view of the random nature of indexing systems and their independence from our company, the task entrusted to our company within the framework of this service only gives rise to an obligation of means.
The hosting of the customer's website by our company includes access to a server and an Internet connection whose capacity varies according to the offer subscribed to.
Our company undertakes to use its best efforts to ensure the continuity of the hosting service, subject to the interruptions that technical monitoring may require. To this end, our company has set up an automatic monitoring system for the server hosting the customer's website. Our company also undertakes to ensure the security of the premises in which the server is located, access to which is strictly restricted.
The only operations the customer is authorised to carry out on the aforementioned server are those relating to the installation, modification, updating and/or deletion of the data and elements making up the website, subject to the provisions set out herein. Any other operation is strictly prohibited. In this respect, the customer shall in particular refrain from any operation or attempted operation on the system or configuration of the said server, as well as on any other websites hosted on it that belong to third parties.
Our company undertakes to maintain and service the server on which the customer's website is hosted, as well as the related services. Where necessary, maintenance and servicing operations may lead to an interruption of the hosting service. Except in cases of particular urgency, our company shall endeavour, as far as possible, to inform the customer prior to such an interruption.
In order to preserve the quality of its services, our company also reserves the right to modify or replace the server on which the customer's website is hosted. Our company shall use its best efforts to inform the customer beforehand and to organise the transfer of the customer's data together.
The customer is solely responsible for the content of the website and of the software developed, as well as for the information distributed or exchanged through it, its use, and the hyperlinks the customer chooses to create.
The customer declares to hold all the rights and/or authorisations allowing the use of any content (texts, comments, works, photographs, illustrations, images, logos...) displayed on the website.
The customer undertakes to comply with the General Data Protection Regulation (GDPR, Regulation (EU) 2016/679) and the amended French Data Protection Act (loi Informatique et Libertés) of 6 January 1978, in particular with regard to the collection and processing of personal data through the website, informing the data subjects and enabling them to exercise their rights (access, rectification, erasure, objection...).
The customer is solely responsible for complying with the mandatory notices to be displayed on the website pursuant to the laws and regulations in force.
The customer is solely responsible for the administration, management and operation of the website, in particular with regard to the administrative declarations required by law or regulations. When operating an e-commerce website, the customer acts as an independent business and under the customer's sole responsibility, and alone bears the risks of this activity.
In this respect, the customer guarantees that the activity, as well as the products and/or services offered online, comply with the regulations in force (in particular the rules relating to distance selling and services, advertising and promotions).
In this respect, the customer undertakes in particular not to use or communicate files, data or information:
All economic or moral intellectual property rights attached to the presentation elements created by the customer, as well as to the content of the website (texts, logo, photographs, ...), remain the property of the customer, subject to the economic or moral intellectual property rights of the third parties from whom the customer holds those rights.
For the purposes of operating the customer's website, our company grants the customer a non-exclusive right to use the software it has designed and the related features. Making this software available does not in any way entail the transfer of our company's rights to the said software or to any of its elements, nor to the associated documentation. Consequently, the customer undertakes not to infringe, directly or indirectly, or through third parties, our company's rights to the software, applications and services it offers. In particular, the customer shall refrain from any adaptation, modification, transformation, decompilation, functional analysis or arrangement of our company's applications, for any reason whatsoever.
The prices of the services offered by PAOMEDIA are set out in the quotation; they are exclusive of taxes and payable in euros. These prices may change at any time. The applicable prices are those in force on the day of the order.
PAOMEDIA begins performing the software production services subscribed to by the customer upon receipt of the quotation signed by the customer and the actual receipt in its accounts of a deposit equal to thirty percent (30%) of the total amount including all taxes, as stated on the quotation.
Payment of the remaining balance due for these services takes place after delivery of the website or application and within thirty (30) days of delivery, delivery meaning that the website or application is accessible to the customer or third parties under the conditions defined in the quotation.
The customer acknowledges that PAOMEDIA is under no obligation to deliver the productions, backups, data or any information that are the subject of the services relating to the production of software or a logo, nor the usernames and passwords giving access to them, before full payment of the price defined in the quotation.
The customer acknowledges that our company is bound by an obligation of means in the performance of the services it offers. Consequently, our company cannot be held liable in the following cases:
Owing to the characteristics and limitations of the Internet, which the customer declares to be fully aware of, the customer also acknowledges that it is impossible to guarantee that data transmitted over the Internet will be completely secure. Data transfers therefore remain at the customer's own risk, which the customer acknowledges and accepts.
The services subscribed to with our company end:
As regards the domain name service, it may also end if the registry refuses to validate the domain name chosen by the customer, or if the customer requests a transfer to another provider. In this respect:
The customer further acknowledges that, should the services provided by our company end for any of the reasons set out above other than a transfer request or the refusal to validate the domain name:
It will therefore be the customer's responsibility to take all measures to retrieve and back up the data and/or arrange for the protection of the domain name before the effective end date of the services provided by our company.
PAOMEDIA reserves the right to assign, transfer or contribute to a third party, in any form whatsoever, the rights and obligations arising from this contract.
The personal data collected by our company when the order is placed is necessary for the performance of its assignment and the management of the business relationship. It is processed in accordance with the General Data Protection Regulation (GDPR) and the amended French law no. 78-17 of 6 January 1978, known as the "loi Informatique et Libertés".
It is intended for PAOMEDIA and kept for as long as these purposes require, in compliance with the legal retention periods.
The customer has the right to access, rectify, erase, restrict and port the data concerning them, and to object to its processing. The customer may exercise these rights by contacting our company, and may lodge a complaint with the CNIL (www.cnil.fr), the French data protection authority.
The customer, if a professional, expressly authorises our company to display the customer's name and/or logo and/or link in its commercial documents and/or on its website, in order to list the customer among its reference partners.
The data relating to the contract concluded between the customer and our company are kept in our company's archives. They are available at the customer's request by e-mail sent to the following address: contact@paomedia.com
The parties expressly agree that:
The fact that any of these terms and conditions is not invoked at a given time cannot be interpreted as a waiver of the right to enforce it.
Should any of these terms and conditions be declared null and void or contrary to a provision of public policy, it shall be deemed unwritten and the other provisions shall remain in force.
All relations between our company and its customers are governed by French law, to the exclusion of any other legislation.
Any disputes or difficulties and, more generally, any litigation with customers who contracted as traders relating to the interpretation or performance of these terms shall fall under the exclusive jurisdiction of the Commercial Court of Caen (14), France.