General Terms and Conditions of Sale
FlatFinder
General Conditions of Sale as of January 1, 2024
BETWEEN:
The Client,
Hereinafter referred to as the "User"
AND:
Flatfinder
The Contract includes these General Conditions of Sale, the Account Opening Form, the Tariff Brochure, which are an integral part thereof; together referred to as the "Contract"
ARTICLE 1 – DEFINITIONS
Account management console: Refers to the website made available to the User so that they can autonomously carry out routine maintenance and management operations of the Services provided.
Host: Refers to the natural or legal person who, within the meaning of Law No. 2004-575 of June 21, 2004, engages in the storage of any content intended to be made available to the public by online communication services.
IP or IP Address: Series of numbers used to uniquely identify a computer on the Internet.
Server: Refers to a computer dedicated to the User and operated by the latter after its provision, connected permanently and at high speed to the Internet.
Services: Refers to all services provided by Flatfinder to the User, including Shared Hosting Service and various additional services attached under the conditions defined in this Contract.
User: Refers to any adult natural person with full legal capacity or legal entity (in the latter case, registered with the Trade and Companies Register) who has opened a Flatfinder account, received an email from Flatfinder containing their credentials to access the Services and the account management console.
Shared hosting: Hosting service including access to a hosting platform shared by all Users who have subscribed to the Service and the provision of associated Internet connectivity.
Storage: Disk space allocated to the Client. Storage is defined by a value measured in Gigabytes. Flatfinder guarantees the allocated storage.
ARTICLE 2 – OBJECT
The purpose of the Contract is to define the terms of provision of the Services offered by Flatfinder for the User's hosting of their own electronic communication services. Considered as a host within the meaning of Article 6-I-2 of Law No. 2004-575 of June 21, 2004, the Client expressly acknowledges that Flatfinder does not participate in the design, creation, development, operation, and administration of the User's data as well as any electronic communication service accessible via the server(s) operated by the User, its management tools, and software. Any use of the Services is subject to the User's compliance with the Contract.
ARTICLE 3 – SERVICES PROVIDED BY Flatfinder
The characteristics of the services provided by Flatfinder are described in the specific conditions of the services attached hereto:
- Specific conditions of shared hosting services
ARTICLE 4 – TECHNICAL SUPPORT
Flatfinder provides the Client with technical support, the access modalities of which are indicated in the account management console. This support is offered through the following means of communication:
Through the account management console, once authenticated with the User's credentials, provided at no extra cost except for any internet communication costs. Technical support's sole role is to provide occasional assistance to the User and manage any hardware failures of the shared hosting provided to them. Under no circumstances will Flatfinder provide technical intervention, advice, or assistance on any software, data, or service provided
by Flatfinder or installed by the User on the Server or its web spaces following its provision by Flatfinder, as these are not its responsibility.
ARTICLE 5 – INTERNET ACCESS
As part of the Charter of commitments for the development of the legal offer of online music, respect for intellectual property, and the fight against digital piracy signed on July 28, 2004, it is recalled that illegal exchanges of recordings and protected works on the Internet as well as piracy harm artistic creation. In this regard, in the event of the User's violation of the current legislation, particularly those concerning respect for intellectual and artistic property, the User's liability may be engaged and the latter undertakes to indemnify Flatfinder against any claims from third parties.
ARTICLE 6 – SUBSCRIPTION TO SERVICES
Subscription to Flatfinder Services is limited to one account per User. To subscribe to the Services, the User must follow the online account opening procedure available on the website www.Flatfinder.ca and enter certain essential personal data (name, email address, etc.), which will be recorded and processed in compliance with the applicable legislation indicated in Flatfinder's Privacy Policy.
Payment is made in advance, to Flatfinder's account, by credit card via PayPal, or by prepayment account replenishment via PayPal. Any registration implies adherence to these General Conditions.
ARTICLE 7 – OBLIGATIONS OF Flatfinder
In accordance with the applicable legislation, personal information about the User as well as, where applicable, all or part of the data hosted by the User may only be disclosed under legally prescribed conditions (see Privacy Policy). The personal information provided by the User is intended for Flatfinder, which, with the express agreement of the User, is authorized to retain it in computer memory for a period of three years, to use it, and to communicate it to legal entities of its group, or to third parties/subcontractors. In accordance with the Data Protection Act No. 78-17 of January 6, 1978, the User has at any time an individual right of access, modification, rectification, and deletion of data concerning them by contacting the data protection officer of Flatfinder Company.
ARTICLE 8 – USER OBLIGATIONS
8.1. Provision of accurate information and identification
The user agrees to provide accurate contact details, identification means, and banking information to Flatfinder and to inform Flatfinder without undue delay of any changes. Access to the Services is only possible after validation by Flatfinder's administrative services of the contact details (name, first name, address, and banking details) declared by the User and verification of the User's place of residence. In all electronic, postal, or telephone correspondences with Flatfinder or requests for modification of Services or information concerning it or terminations, the User must mention their name, first name, server number, and account management console identifier. For security reasons, any incomplete request will not be processed by Flatfinder.
8.2 Updating User Information
The User undertakes to update their contact details and banking information as and when necessary by informing Flatfinder without undue delay by any appropriate means.
8.3 Compliance with financial obligations and consultation of information
The User undertakes to fulfill their financial obligations and to consult, at least once a week, any information or message sent by Flatfinder to the email address provided by the User. Otherwise, Flatfinder declines all responsibility for any prejudice that may result from the User's failure to consult the information sent by Flatfinder.
8.4 Proper use of the Services
The User undertakes to comply with the legislation in force, the rules of good conduct on the Internet, the Charter of commitments for the development of the legal offer of online music, respect for intellectual property, and the fight against digital piracy signed on July 28, 2004.
8.5 Non-compliance with obligations
Any non-compliance by the User with any of their obligations, as provided for herein, may result in the immediate suspension of the Services by Flatfinder, without prejudice to any damages that Flatfinder may claim against the User.
ARTICLE 9 – RESPONSIBILITY
The responsibility of Flatfinder cannot be engaged in the event of: force majeure, events beyond its control, or for any malfunctions related to the internet network or its operation.
Flatfinder's responsibility is strictly limited to proven direct damage suffered by the User. Flatfinder cannot be held responsible for indirect damage, including but not limited to financial or commercial loss, loss of data, loss of profit, loss of opportunity, damage to the image, or loss of customers.
It is expressly agreed between the parties that in the event of a dispute, Flatfinder's liability, if any, will be limited, all damages combined, to the total amount paid by the User to Flatfinder during the six (6) months preceding the event giving rise to the damage, or one hundred (100) euros excluding taxes, whichever is higher.
ARTICLE 10 – DURATION
This Contract is concluded for an indefinite period. It takes effect upon its acceptance by the User. Each party may terminate it at any time, subject to compliance with the notice periods provided for herein.
ARTICLE 11 – APPLICABLE LAW AND JURISDICTION
11.1. The Contract is subject to Canadian law.
11.2. In the event of a dispute between Flatfinder and the User concerning the formation, execution, interpretation, validity, or termination of this Contract, the parties undertake to seek an amicable solution.
11.3. In the absence of an amicable settlement, the dispute will be submitted to the competent Canadian courts.
ARTICLE 12 – ENTRY INTO FORCE
These General Terms and Conditions of Sale come into force on January 1, 2024.
ARTICLE 13 – MODIFICATION OF THE GENERAL CONDITIONS OF SALE
Flatfinder reserves the right to modify these General Conditions of Sale at any time.
The User will be informed of any modification by email, at least thirty (30) days before the entry into force of the modified General Conditions of Sale. If the User does not agree with the modifications, they may terminate the Contract under the conditions provided for in Article 10.
In the absence of termination by the User within thirty (30) days of receiving the notification of the modifications, the User will be deemed to have accepted the modifications.
ARTICLE 14 – MISCELLANEOUS PROVISIONS
14.1. The nullity of any provision of this Contract will not result in the nullity of the Contract as a whole, which will retain its full force and scope between the parties.
14.2. The fact that one of the parties does not claim the application of any clause of this Contract, whether permanently or temporarily, shall not be construed as a waiver of the rights arising from said clause.
ARTICLE 15 – ELECTRONIC EVIDENCE
The User expressly acknowledges that the data recorded by Flatfinder constitutes proof of the transactions carried out between the parties. The User therefore undertakes to accept the electronic format of proof in the event of a dispute, in particular concerning the formation, execution, interpretation, validity, or termination of the Contract.
ARTICLE 16 – LANGUAGE OF THE CONTRACT
These General Conditions of Sale are originally drafted in English. In the event of a dispute over their interpretation, the English version will prevail over any translation into another language.
ARTICLE 17 – CONTACT DETAILS OF Flatfinder
For any question regarding these General Conditions of Sale or the Services provided by Flatfinder, the User may contact Flatfinder at the following address:
Flatfinder
Website: https://flatfinder.ca/
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