GENERAL TERMS AND CONDITIONS OF USE - SITEW

FREE USER ACCOUNTS

1. Purpose

SITEW offers a website design, modification and hosting service by providing the User with an intuitive creation tool.

SITEW also offers different optional and paid services such as the registration and management of personalised domain names, a website referencing tool, an electronic messaging service and a marketing email tool, all aimed at optimising the website use and performance.

The purpose of these General Terms and Conditions of Service is to define the conditions under which SITEW provides the User with a free website design and creation application service, as well as the website hosting and User Support service.

These General Terms and Conditions apply only to Users using this service free of charge.

2. Definitions

In these General Terms and Conditions, each term mentioned below has the following meaning:

- Subscription: a contractual commitment consisting of the User subscribing to the Service, for a duration and a functional scope stated when placing the Order.

- Anomaly: an anomaly which, as a unit or combined, makes the normal use of all or part of the Website’s functionalities impossible.

− User: a natural or legal person that has taken out a free Subscription to the Service.

− CMS (“Content Management Software”): a standard website content management platform to which the User has access, allowing the Website’s content to be managed, and, within certain limits, the structure and graphics of the Website.

- Data: content and data of any kind whatsoever (texts, images, visuals, videos, etc.) published by the User on the Website and hosted by SITEW under this Contract, including Users’ personal data.

- Template: a model intended to be completed by the User and containing basic architecture and graphical framework elements.

- Corrective Maintenance: the correction of Website Anomalies.

- Tool: the software tool provided to the User under the Contract and used to quickly create a website without any particular training, within the limits of the technical characteristics stated when placing the Order.

- Page: the internal Website pages created by the User and edited under its responsibility.

− Infrastructure: all the physical or virtual servers enabling the hosting of the Website, its data, User files, and backups.

- Service: the application service consisting of the provision of the creation Tool and the hosting of the User’s Website, as well as Support, and all the Optional Services.

- Optional Services: additional services to which the User may subscribe, such as, but not limited to: the registration and management of personalised domain names, provision of a Website referencing tool, an email service, or an email tool.

- Website(s): The Website designed, made and developed with the help of the Tool provided by SITEW under the Service and intended for the User’s digital communication.

- SiteW.com: SITEW’s website on which the different Service Subscription packages are presented.

- Support: the services that help with the Website creation or use, provided by SITEW to the User, under conditions set out in these General Terms and Conditions and when placing the Order.

PART I. GENERAL PROVISIONS

These provisions apply to a subscription to the Service as part of a free Subscription package.

The provisions specific to the Optional Services are dealt with in Part II.

3. Service Subscription - Subscription

In order to subscribe to the Service, the User must:

● Create its User Account;

● Choose the first Subscription level, which is intended for free account Users;

● Validate these General Terms and Conditions of Use, and the Privacy Policy.

The User’s subscription is definitive only after all the above conditions have been fulfilled.

4. Subscription Term/Renewal

The Service Subscription is concluded for an indefinite period. It may be terminated:

− by the User, by simple email or through the User Account, with the termination taking immediate effect;

− or by SITEW, by email sent to the User, giving three (3) months’ notice.

5. Modifying the Subscription

The User may change the Subscription at any time and choose a package offering different functionalities, or a longer term in order to benefit from better pricing conditions. If necessary, the User must subscribe to a paid Subscription on SiteW.com and validate SITEW’s General Terms and Conditions of Service. The initial Subscription will then be cancelled and the new Subscription will take effect on the day of the subscription for a duration specific to that Order. The User will retain the Site already published online as well as the same access and administration rights.

6. Acceptance of and Amendments to the General Terms and Conditions

Any Subscription to the Service implies the User's full acceptance of these General Terms and Conditions.

SITEW reserves the right to amend these General Terms and Conditions at any time. The amendments made will apply to current Subscriptions 30 days after these amendments are sent to the User by email. If the User refuses these amendments, it may terminate its subscription by sending an email to that effect to SITEW, or directly from its User Account during this 30-day period. In this case, the provisions of the “Consequences of the end of the Subscription” clause will apply.

7. User information

The User declares it is aware of all the functionalities of the Service, including its limitations in terms of the number of Pages, storage space, functionalities included on the Website, and the level of Support. The User declares it is perfectly informed of the nature and characteristics of the Service, and has been able to verify that the Service meets its needs.

The User acknowledges that the Service is different from a personalised website development service and that some of the functionalities of the Service may be insufficient regarding what the User would like to develop. The User is informed, in particular, that it will not benefit from a personalised follow-up by a specific member of the SITEW Support team since this has been pooled for all Users of the Service.

The User must have access to a telecommunications network in order to use and manage the Website. This service is not included in the Contract and must be provided by a telecommunications operator of the User’s choice and under its responsibility. The User is responsible for and must bear the cost of the implementation, maintenance and connection of the different configuration elements and means of telecommunication necessary to access the Websites.

The User acknowledges that, considering the free nature of the Service, it is provided as is, without any commitment by SITEW regarding the quality or availability of the Service.

8. Technical Characteristics of the Site

By default, as part of a free Subscription, the Website will have the following ‘basic’ characteristics:

● Administrator access for the User to the CMS platform, allowing the User to modify the textual and graphical contents of the Website and to add pages or any other content;

● Design in ‘responsive’ mode: the Website is accessible and readable so it can be read on a tablet or smartphone. Installation of an SSL certificate;

● Minimum number of pages indicated when placing the Order;

● The Website can be read by the latest version of most web browsers (Chrome, Edge, Firefox, Safari).

The User can change these characteristics and add functionalities, by taking out a paid Subscription.

9. Creation of the User Account

As part of the subscription to the Service, the User is invited to create a User Account to which all transactions on the Website will be associated.

To create and keep this account, the User must provide SITEW with the following information:

- For Users who are natural persons: full name, telephone number and email address;

- For Users that are legal persons: company name, registered office, SIRET and/or RCS number, contact email address, the full name, and telephone number of the User’s contact.

SITEW reserves the right to verify the information transmitted and to suspend the creation of the Account until all the necessary data has been validated.
The User Account will be accessible using the email address and password chosen by the User during its registration.

This personal identification information (username and password) may be modified online in the account, which the User is invited to do regularly, for security reasons. This information is confidential and inaccessible. Under these conditions, the User undertakes to not communicate it to unauthorised third parties. SITEW may not be held liable for any direct or indirect damage suffered by the User or by third parties resulting from fraudulent access to its Account following any disclosure of its identification information.

10. Website Creation and Publication

10.1. Website creation

With the help of the Tool, and after connecting to its Account, the User may create its Website directly online.

With the Tool, it is possible:

● To create the Website’s general architecture, based on a Template chosen by the User from among the Templates proposed on SiteW.com, bearing in mind that the number of Templates varies according to the Subscription package chosen by the User. 

Integrate the data communicated by the User within the said architecture.

● Create the homepage and all the Website’s Pages, within the limit of the number of Pages indicated when placing the Order.

● Technically configure the architecture, data and the above-mentioned graphical elements within the appropriate language ('automatic coding') for the use, evolution and maintenance of the Website.

● Integrate modules where necessary, depending on the Subscription chosen.

10.2. Website publication

The User may publish the Website at any time, subject to the User having chosen either the address on a domain managed by SITEW, or the domain name as a paid option, with SITEW mandated to reserve it in the name and on behalf of the User.

The User is informed that once the Website architecture has been configured, it cannot be modified, except by SITEW as part of the changes to and updating of the Templates.

11. Website Management

The User may fully manage the Website: by connecting to its User Account, the User may publish any content it chooses, add Pages (within the limits set out when placing the Order), in order to better personalise the Website and update it easily.

The User is solely responsible for the Data published on the Website and guarantees SITEW against any illegal data, under conditions set out in the “Hosting” clause.

SITEW retains ‘primary administrator’ rights: it will have sole authorisation and the possibility of updating the CMS. Likewise, as part of these primary administrator rights, SITEW may delete illegal Data, under conditions set out in the “Hosting” clause, or delete the Website, under conditions set out in the “Termination” clause.

12. Corrective Maintenance

12.1. Maintenance scope

The Service includes the corrective maintenance of the technical tools used as the basis of the Service, namely: the Website creation and management Tool, as well as the CMS, which is the Website’s general framework.

This maintenance is done by automatically deploying corrective updates, without any action on the User’s part.
If they are likely to impact the Service availability and the User’s Website, this work will take place either at the weekend, or on weekdays between 9 p.m. and 6 a.m., Paris time.

SITEW will endeavour to resolve any Anomaly affecting these elements as soon as possible and as part of a best efforts obligation, without being held to any resolution time frame.

12.2. Exclusions

The exclusions set out in the “Support” clause apply to Corrective Maintenance. It is further stated that SITEW may not be held liable under any circumstances in case of Anomalies linked to Data, Content or any other third-party element uploaded by the User and could impact the proper functioning of the Website.

13. Support

All Users have a Support service, the conditions of which may vary according to the Subscription package chosen.

13.1. Scope

As part of the Support, SITEW receives all requests pertaining to:

- Help using the Tool;

- The Website settings and management;

- Data configuration on the Website;

- The correction of Anomalies reported on the Website;

- And generally, any request pertaining to the use of the Service or any malfunction that could affect it.

All other requests pertaining to the Subscription or the functional changes in the Service fall within the remit of the commercial team.

13.2. Support procedure

SITEW must be notified of all Support requests:

− Either through the form at: https://www.sitew.com/Contact-du-support;

− Or by email to the following address: support-technique@sitew.com.

The user may also consult the FAQ section or the blog for help at any time, available on SiteW.com.

Opening hours: SITEW guarantees that all Support requests will be handled within its company’s opening hours, from Monday to Friday, from 9 a.m. to 5 p.m. (French time).

The User undertakes to appoint a technical point of contact from among its staff, whose role will be to ensure follow-up with SITEW for assistance requests made by Users and to facilitate their processing. The point of contact will be SITEW’s key contact for any technical assistance request pertaining to the Website.

13.3. Resolution time

All Support requests will be dealt with within 24 business hours of receiving written notification thereof from the User, under conditions set out in this clause.

The User is informed that, considering the free nature of the Service, SITEW is unable to commit to resolving all Anomalies reported by the User.

SITEW will endeavour to handle the User’s requests and in particular, to solve the reported Anomalies without committing to a deadline, and this, as part of a best efforts obligation.

Users that have taken out paid Subscriptions may benefit from priority handling of their Support requests, unlike for free Users, which they so acknowledge.

Any Anomaly resulting from the Tool or the CMS provided by SITEW will be handled as correction updates applied to all Users of the Service.

13.4. Support exclusions

SITEW may not be held liable in terms of the response time regarding its Support obligation for Anomalies resulting from:

− The environment, settings and software, notably third-party software installed on the Users’ User stations;

− Incompatibility, including in terms of internet speed and bandwidth or the User’s internet connection;

− The User’s unintentional improper handling in the CMS or improper use of the CMS;

− The User’s non-renewal of the Website domain name.

Furthermore, the Support Services may not involve maintenance or assistance operations for the use of third-party software not provided by SITEW.

In general, an additional estimate must be made for any work carried out by SITEW requiring a service that is not part of the contract. This includes in particular:

− The training of Users;

− The creation of a personalised Website;

− Redoing the graphics of an existing Website;

− Making specific or complementary developments;

− Optimising the Website contents for its referencing;

− The purchase of advertising space on the internet to promote the Website;

− Assistance with online presence: directories, marketplaces, consumer review websites;

− Social media management;

− Importing and exporting data on the Website;

− Connecting the Website to third-party systems (API).

All these services may be provided as a specific project, based on an estimate validated beforehand by the User.

14. Hosting

14.1. Service level

SITEW will personally host the Website, or host it through a subcontractor of its choice.

The User is informed of technical uncertainties that may affect the internet network and cause slowdowns or down time, making connection impossible. SITEW may not be held liable for difficulties in accessing the Website due to disruptions to the internet network. The User is reminded that SITEW reserves the possibility of suspending accessibility to the Website for any maintenance or improvement operations in order to guarantee the proper functioning of the Website.

Furthermore, if SITEW detects a security breach of the kind to seriously compromise the Website security and User Data, SITEW may momentarily interrupt the Website, without notice, in order to remedy the security breach as soon as possible. In such event, the User may not claim any compensation or bring SITEW’s liability into play for any reason whatsoever.

SITEW undertakes to provide all the care and diligence necessary to ensure permanent and continued quality service in accordance with business practices and the state of the art, and this, as a best efforts obligation.

Considering the free nature of access to the Service for Users, no compensation for damages may be demanded from SITEW if the service is unavailable for any reason.

14.2. User’s responsibility

Under its use of the Service, the User undertakes to:

✔ Not collect or publish online Data that is contrary to laws and regulations, in general, to public order and morality, and notably messages contrary to the protection of minors;

✔ Not publish or provide any content of a political, racist, xenophobic, discriminatory, malicious, coarse, insulting, defamatory, hateful, obscene, pornographic or violent nature that could harm people, infringe on their privacy, on confidentiality, harm institutions, or undermine the current laws and regulations;

✔Not publish on its Website, Contents (photos, videos, sound recordings) containing elements protected by copyright or any other intellectual property right, unless authorised by the beneficiaries;

✔ Activate the age verification pop-up for visitors if the content is reserved for adults;

✔ In general, refrain from uploading, diffusing or providing any illegal content on the Website. The following is a non-exhaustive list of what is considered illegal: any Content that constitutes an infringement of intellectual property rights, falls under public endorsement of crimes against humanity, provocation to commit acts of terrorism and public endorsement of such acts, incitement to racial hatred, hatred towards persons because of their sex, sexual orientation or identity or their disability, as well as child pornography, incitement to violence including violence against women, and undermining human dignity.

SITEW may not be held liable under any circumstances following any action or recourse by third parties due to information, images, sounds, texts, videos and more generally any Data hosted on the Website and which could be contrary to the current laws and regulations including with respect to copyright, trademarks, trade names, personality rights of property and individuals. The User shall guarantee SITEW, at the first request, against any harm that could result from its accusation of this fact by a third party.

In its capacity as web host, SITEW reserves the right to delete any illegal content for which a request for such deletion has been made under Article 6.1V of the French Law of 21 June 2004 on confidence in the digital economy. SITEW may also delete or modify any content that is manifestly illegal or likely to give rise to civil or penal liability and/or undermine the rights of third parties. SITEW will inform the User thereof, if applicable.

Furthermore, if the published content is illegal or violates the current legal provisions and is likely to give rise to civil or penal liability and/or likely to undermine the rights of third parties, SITEW reserves the right to interrupt the hosting of the Website immediately without formal notice and to terminate the Subscription forthwith, as of right, without prejudice to damages which SITEW may claim.

The User undertakes that its Website management and Data publication will not affect or compromise the stability, security and quality of the networks, bandwidth or other infrastructure of SITEW, of other SITEW Users or third parties. If SITEW notices that the User’s Website administration jeopardises or alters the stability, security and quality of the networks, bandwidth or infrastructure of SITEW, of other SITEW Users or third parties, SITEW reserves the right to suspend or interrupt the hosting of the Website, including without prior notice.

15. Data

15.1. Ownership of Data

The User remains the exclusive owner of any Data it publishes online. Whenever necessary, the User shall grant SITEW and its subcontractors a free and transferable non-exclusive worldwide license allowing it to host, cache data, copy and display the said Data for the sole purpose of performing the Services and exclusively in association with or at the time of these actions.
This license will end automatically when the User closes the account, unless it is necessary to continue hosting and processing the Data as part of implementing reversibility operations.
The User declares and undertakes that it has all the necessary authorisations to exploit the Data and that it can freely grant license thereof to SITEW and its subcontractors under the terms stated above.

15.2. Duration of Data retention

Subject to the provisions applicable to personal data as indicated below, the Data will be kept throughout the duration of the Subscription and until the closure of the Account by the User.

15.3. Personal data

The User acknowledges it is aware of, and fully and unreservedly accepts the terms of the Protection of Personal Data Policy, which apply to the processing by SITEW as part of the Service, regarding Data hosted by the Website and likely to be considered as personal data within the meaning of Regulation (EU) of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDRP”).

16. Intellectual Property

16.1. Intellectual Property on the Website

Unless stated otherwise in the Order, SITEW remains the full owner of the intellectual property rights on all copyrightable elements of the Website.
This includes notably: the source code, graphic and visual elements created in the Templates, the Website architecture, and the CMS (hereafter “the Elements”).
SITEW grants the User a personal, non-exclusive and non-transferable right to use and commercially exploit all the Elements, worldwide, for the duration of the Subscription, subject to the payment of the Service Fee.
The User undertakes to not delete, modify, or to allow third parties to delete or modify the note indicating that the Website was made with SITEW in the legal notices or at the bottom of the Website’s homepage.

16.2. Intellectual Property regarding the Contents

The User remains the sole owner of the data, contents and files of any kind (audio, textual, audiovisual, image, multimedia, etc.) that it uploads and publishes on the Website (hereafter “the Contents”) and any intellectual property rights attached to them.

At the end of the Subscription, the User may recuperate these Contents under conditions set out in the “Consequences of the End of the Subscription” clause.

The User guarantees that he/she has all rights, including intellectual property rights and the necessary authorisations regarding the Contents published on the Website. Consequently, it guarantees SITEW against any action, complaint, claim or opposition on the part of any person claiming a right, including intellectual property or an act of unfair and/or parasitic competition and/or an invasion of privacy or the protection of personal data that would be directly or indirectly attached to the User’s files, data, database, messages or other Contents provided by the User and published on its Website.

17. Termination of the Subscription

17.1. Termination for fault

Either Party may terminate the Subscription early, if the other Party breaches any of its obligations.

This termination may be decided only if the defaulting Party fails to remedy the breach within one (1) month following a formal notice by email or registered mail with recorded delivery notifying the existence of the said breach addressed by the Party that is the victim of the breach.

17.2. Termination for User inactivity

Irrespective of the cases set out in clause 17.1 above, SITEW reserves the right to terminate the User’s Subscription before its term:

− In case of invalid or non-functioning email address, and this after a telephone contact with the User’s contact person remains unheeded,

− If the User’s Website has not been updated for over twelve (12) months, and this after an email sent to the User enquiring whether it wishes to keep its Website or terminate the Service remains unanswered after an additional two (2) months.

18. Consequences of the End of the Subscription

If contractual relations end, for any reason whatsoever, the User may, on written request, recuperate all the Data hosted on the Website, including the Contents, and this within a maximum of 30 days from the termination of the Contract. This Data will be transferred in the format stored on SITEW, for data in the form of documents or files (e.g. image files, pdf, music or Word) or in YML format (or any other open format) for other forms of Data.

If the User fails to request the restitution of the Data within the above-mentioned period, and after a reminder to the User remains unheeded for an additional 30 days, SITEW may destroy all the Data hosted on the Website, which the User acknowledges.

19. Liability

SITEW undertakes to execute the Service according to good practices and to take all the necessary measures to guarantee its proper functioning.

In particular, SITEW undertakes to take all reasonable security measures in order to protect its servers from any contamination from the User’s data and malicious intrusion from third parties.

However, considering the free nature of the Service, the User acknowledges that SITEW is unable to provide the same level of service as for paid Users, in particular in terms of Data backup and its supervision. The User is therefore encouraged to back up its Data on a personal medium or using any other external backup service in order to minimize the risk of losing its Data.

20. Commercial References

By accepting these General Terms and Conditions, the User expressly authorises SITEW to name it in a reference as a client and to reproduce its logo or brand on its website and commercial documents.

21. Force majeure

21.1.

No Party may be held liable towards the other for any breach of its contractual obligations if this breach is caused exclusively by an event of force majeure under Article 1218 of the French Civil Code, as recognised by the French courts.

21.2.

If one of the Parties were to be impeded from performing its obligations for more than three (3) months due to an event of force majeure, either Party will be entitled to terminate this Contract as of right, without any damages of any kind.

22. Subcontracting

SITEW is entitled to subcontract all or part of the Contract to any third party of its choosing. However, it remains solely responsible to the User for all its obligations arising from the Contract.

23. Divisibility of Contractual Provisions

Any event affecting the existence of a clause, for any reason whatsoever, including the removal, impossibility of performance or invalidation by court ruling, and that is severable from the other provisions of this Contract will not affect the compulsory nature of the Parties’ performance of these General Terms and Conditions.

24. Non-waiver

If one of the Parties fails to apply or does not demand that the other Party apply any of these provisions, this may not be interpreted as a waiving of this application, and will not undermine the Parties’ respective rights.

25. Governing Law - Disputes

25.1.

This contract is governed by French Law.

25.2.

The User is informed that in any event, after attempting to find an amicable solution directly with SITEW, it may resort to conventional mediation through the French Federation for e-commerce and distance selling. The mediation request must be sent to the following address: Médiateur du e-commerce de la FEVAD, 60 rue la Boétie, 75008 Paris, France or directly from the Mediator’s website: https://www.mediateurfevad.fr/

PART II. SPECIFIC PROVISIONS PERTAINING TO OPTIONAL SERVICES

The provisions of this Part II apply to the Optional Services to which the User may subscribe during its Subscription, and within the limits (particularly functional) set out at the time of the Order.

1. Reservation and Management of Domain Names

As part of hosting a Website, or prior to and/or separate from this hosting, SITEW may also reserve and/or manage website domain names on behalf of the User.

These provisions apply to all Domain Names, excluding those belonging to SITEW (such as: ‘.sitew.com’; ‘.sitew.fr’, etc.).

1.1.: Definitions

For the purposes herein, the following terms are defined as follows:

- “Extension”: the end part of the Domain Name, for example, ‘.com’, ‘.net’, ‘.org’, that determines the competent Registry for registering this Domain Name.

- “Domain Name”: the succession of letters, numbers and/or signs chosen by the User, and accompanied by an Extension, which the User appoints SITEW to: (i) register with the competent Registry, in the User’s name and on its behalf; (ii) renew or (iii) transfer.

- “Registry” means a legal entity, for a given category of domain names identified by an Extension, charged with keeping a single database of all the domain names with this Extension.

- “Registrar”: Intermediary organism that records the domain names registered with the various competent Registries according to the Extension chosen. The registry for the ‘.fr’ domain names is AFNIC.

1.2.: Availability

Before choosing a Domain Name, the User must verify if it is available using the Whois Services online. Considering the time required for registering the intended Domain Name, the indication of the availability of a Domain Name does not constitute any guarantee of effectively being able to register it.

The User declares it has been informed that the application to register the Domain Name does not in any case guarantee that this Domain Name is effectively available or that it can be registered and attributed to it. Only the effective registration of the domain name with the Registry or Registrar constitutes registration. SITEW may not be held liable for the inaccurate or poor quality of the Whois data or any other data bank, neither for its update. Consequently, SITEW may not be held liable if, for some unknown reason, the Domain Name has not been registered or if its registration has been delayed.

The availability of the Domain Name and its registration do not constitute a guarantee against any third-party claims regarding all or part of this name.

The User must verify that the Domain Name does not undermine the rights of third parties or violate any current legislations. The User must immediately notify SITEW of any dispute regarding its Domain Name and any court decisions or amicable settlements that call into question its rights regarding the Domain Name.

1.3.: Registration

SITEW undertakes to do everything possible to register the Domain Name with the Registries or Registrars as requested by the User. SITEW undertakes to do this with no obligation of result.

SITEW acts in the User’s name and on its behalf only as a technical intermediary between the User and the Registries or Registrars. The Domain Name will be reserved exclusively in the User’s name, to the exception of any third parties or SITEW.

The User is informed that SITEW’s service consists only in entering the User’s chosen Domain Name into the database of the Registry concerned for a period of 12 months, renewable from the registration of the Domain Name and subject to the availability of the Domain Name and the User’s strict compliance with all its obligations.

The User undertakes to provide all the information necessary for the registration of the desired Domain Name including the correct and complete information concerning the holder of the Domain Name and the administrative, technical and invoicing contacts.

The User guarantees it is authorised to communicate all the above-mentioned names and their contact details for the purpose of collecting information and publishing it on the internet.

SITEW may not be held liable for the procedure completion time due to imprecise information or errors provided by the User: name and authorisation of authorised persons, absence of request by secure and authenticated means, error in the Domain Name, inaccurate technical information provided in case of technical modification to the Domain Name.

The reservation of the Domain Name is only effective once the organisations concerned have updated the databases or once SITEW has sent confirmation to the User by email.

Once the Domain Name is reserved, it is automatically configured to display the Website in secure mode (HTTPS).

1.4.: Renewal

The Domain Name is renewed annually by tacit renewal on the anniversary date (initial purchase date of the Domain Name). If the User wishes to abandon the Domain Name (non-renewal), it must inform SITEW within an appropriate period of time by email or letter, and at the latest, seven (7) days before the anniversary date.

1.5.: Transfer or Sale

At the User’s request, SITEW undertakes to carry out the necessary due diligence with the Registry (if the Domain Name is ‘.fr’) or the Registrar concerned (for the other Extensions) in order to transfer or sell the User’s Domain Name to a third party, under conditions set out below:

- The User applies via the User Account for the Domain Name to be transferred, at least 15 days before its expiry.

- The User collaborates completely in order to verify there are no other obstacles regarding the Domain Name that could result in the Registry or Registrar refusing the transfer.

- The User signs or validates all the documents required for the Domain Name transfer application to the registry or Registrar, and in some cases,

- The User communicates to SITEW the code number (auth_info) required for the transfer application to the registry or Registrar.

- Payment of additional fees in the event of a change of ownership.

1.6.: Financial conditions

The price for this service is included in the Subscription taken out by the User, if this specific service is included.

If the Domain Name (or the User’s Subscription) is not renewed in time, additional fees (including restoration) could be applied. Furthermore, the Domain Name could have again become accessible to the public in the meantime and may be unavailable for renewed registration.

1.7.: Liability

The User may consult SITEW for advice regarding its choice of Domain Name. However, the User is solely responsible for the choice of the Domain Name it has applied for and registered. The User is therefore responsible for taking all the necessary precautions to ensure that the Domain Name does not constitute a violation of current legal and regulatory provisions and does not undermine the rights of third parties.
Likewise, regarding the scope of the Domain Name registration, the User is responsible for taking all the necessary provisions to ensure an effective legal protection of the Domain Name, including, but not limited to, as regards national and/or international legislations on trade mark rights.
SITEW may not be held liable, for any reason whatsoever, whether in the event of amicable or contentious action to which the User might be subject following the registration of one or more Domain Names.
SITEW may not be held liable, for any reason whatsoever, for the non-registration of the Domain Name following a technical problem with the registration system.
The User undertakes to guarantee SITEW against any order that may be pronounced against it due to the registration of one or more Domain Names.

2. Email

2.1. Scope of the Service

SITEW provides an electronic messaging (“Email”) Service to the User by providing electronic mailboxes, the characteristics of which are mentioned in the Order (i.e. the number of email addresses and storage space). The Service includes a User Support, which is provided under conditions set out in the “Support” clause of Part I.

2.2. User’s obligations

The User is responsible for checking its emails regularly and more generally, using the Email service in accordance with the technical characteristics of this service. SITEW may not be held liable for the loss and/or alteration of data and/or blockage of mailboxes due to the User’s breach of these obligations.
The User will be granted email administrator access enabling it to open, close and manage email accounts for its Users. The User shall assume sole responsibility for managing and safeguarding the User passwords. SITEW has no access to Users’ passwords, which are encrypted. However, if necessary, it can generate new passwords in the event of loss.
The User is responsible for choosing strong passwords based on the recommendations of the CNIL and ANSSI to access its email accounts. If a security breach has been observed on the server hosting the User’s email Service and if this is linked to a password that is too weak, SITEW reserves the right to intervene without the User’s prior agreement in order to secure access to the server and to preserve the integrity of the Service and the data hosted on this server. If this security breach has caused a loss, alteration, destruction or unauthorised disclosure of data of other clients on the same server, the User will be solely liable for the loss caused by these incidents, without any possible recourse against SITEW.

The User undertakes to use the Email Service only for exchanging private correspondence and, consequently, to refrain from using the said Service to send unsolicited or unauthorised emails (spamming), hacking computer systems, transmitting illegal information and documents, and more generally, from committing illegal actions using the said service. Participating in spam activities, whether in direct or indirect relation to a Website hosted on the SITEW Servers will result, as a matter of right, in the termination of the Subscription without notice and the closure of all mailboxes used by the User. Furthermore, SITEW reserves the right to deny spammers access to its services, that is, persons known on the internet network as usually conducting this type of operation.

2.3. SITEW’s liability

The User is informed that the receipt and sending of emails is dependent on the networks of the telecommunications operators. SITEW may not be held liable for any such network failures. SITEW is subject only to an obligation of means regarding the Email Service.

2.4. Financial conditions

The fee linked to the Email service is included in the Subscription taken out by the User. The service is limited to the number of Users and/or addresses provided to the User, as indicated when placing the Order. In order to add a User, the User must take out a corresponding Subscription that allows it to meet its needs. If applicable, the provisions of the “Term - Renewal” clause will apply.

3. Email

3.1. Description of the service

The User may interface its Email with any third-party commercial email tool in order to carry out digital marketing operations, within the limit of the number of contacts provided for in the Subscription package.
SITEW declines any responsibility regarding the proper functioning of third-party services. Furthermore, their maintenance must be carried out by the editor of the third-party service.

The User may export its ‘contacts’ database containing all the email addresses recorded in its Email address book, bearing in mind that there is one address book per User address.
This export will be provided in a .csv format, which is compatible with most email tools.

3.2. User’s responsibility

The User is reminded that any use of personal data for commercial marketing is on the condition that it receives the express written and specific consent of the person concerned (opt in), barring exceptions provided for by Article L.34-5 of the French Postal and Telecommunications Code.
Consequently, if the User carries out email services using a tool interfaced with the Email, it guarantees SITEW that the Personal Data to be processed has been collected in compliance with the legal and regulatory provisions applicable to direct marketing by email, in particular with the provisions of the French Postal and Electronic Communications Code (opt-in files) as well as the Personal Data Regulation, and that it does not, under any circumstances, concern recipients registered on the opposition lists. In this respect, the User is informed that SITEW reserves the right to suspend the Email service, should it notice such illegal use as part of the Email service or if it is notified thereof by a third party.

4. Referencing

4.1. Tools available to the User

As part of the Service, and according to the Subscription taken out by the User, SITEW provides the User with different tools to optimise the referencing of its Website. Therefore, in order to enhance the Website’s search engine visibility, the User may personalise the headings, meta descriptions, URLS and keywords for each page. It is also possible to personalise the headings and descriptions of product pages and blog articles. Furthermore, the Tool integrates several existing techniques to optimise the Website’s search engine ranking, without any action by the User. These include, but are not limited to: robots.txt, meta tags, sitemap, 301 redirects, domain names, HTTPS and SSL, responsive sites and H1 and H2 tags.

These different tools help improve the Website’s source code to enhance its natural referencing.

The User may also integrate other referencing tools into the Website or use paid referencing services such as Google Adwords or Facebook Ads in order to improve it.

The User may view its Website statistics from its User Account: number of visits, number of pages viewed, visitors’ geographical origin, research terms used, etc. More detailed statistics are available by installing the Google Analytics monitoring tool.

4.2. User’s obligations

The User is responsible for choosing the brands, expressions or keywords that it wishes to integrate into its pages for the purpose of its Website referencing, depending on whether the referencing is a natural or paid.
The User undertakes to choose or use only available brands, expressions or keywords unlikely to undermine the rights of third parties.

4.3. SITEW’s liability

The User acknowledges that the ranking and audience of a website are due to several factors that are not only technical but also linked to the contents of the website, the target audience, the competitive context, and the communication channels used to make the website known, such as emails, press releases, billboards, links with other websites or internet portals, etc.

The tools provided to the User help to strengthen the presence of its Website on the internet. However, SITEW does not guarantee results in terms of the ranking of the Website on search engines considering there are factors beyond SITEW’s control such as the constantly changing search engine algorithms and their opacity, the rate of changes made to the dynamic Website by the User, any new optimisation actions eventually carried out on the Website by other service providers than SITEW, the number of competitors regarding keywords searched, etc.

Furthermore, SITEW may provide tailor-made advice to the User aimed at optimising its referencing (such as the choice of keywords, developing content, choice of domain names, etc.). This is done on the basis of a preliminary estimate.

Accordingly, SITEW may not be held liable if the ranking targets desired by the User are not achieved with the tools it has been provided with.

Furthermore, SITEW will bear no liability if there are sanctions (blacklisting, sandbox) that may be applied by search engines or if there are link schemes deindexed by search engines due to the changes in the User’s Website.

What’s new?
The latest updates and new functionalities on our tool, after an advanced decoding with our developers.