Purpose These terms are intended to define the technical and financial conditions under which Indyra agrees to host on its platform the customer's Internet service.
Are included in the service, hosting the website and the customer's email accounts relating thereto and options ordered by the customer when ordering the service.
The customer expressly acknowledges that Indyra no involvement as defined herein for the design, development, implementation and the establishment of the customer's website and its tools computer management and administration.(Unless the service was concluded between the client and Indyra)
Article 2 : Means and operating conditions of Indyra platform is available to the general public via the Internet.
Indyra guarantees access to the website in terms of attendance and reasonable access to email accounts in conditions of reasonable use.
Article 3 : Technical Support There are two levels of support
3.1 Support Center : is included with all services Indyra. It includes the provision of information resource, a forum and ticket system available from the Administration Console. In general, the client receives a response to the ticket within 24 hours.
3.2 Support fee : in addition to the services described in paragraph 3.1, the support also included paying a premium support.(Support within 2 hours).
In all cases, technical support does not help the development of the website of the client or the installation of its scripts. Support will only process issues directly related to the services and tools provided by Indyra and part of the service.(Unless the service was concluded between the client and Indyra).
Article 4 : Domain Name The annual fee for domain names is the responsibility of the customer.
The customer can order a domain name with Indyra at its command. Indyra sells domain names with the following extensions : . Com, . Net. Org. Biz, . Info, . Fr, . Li, . Re, .Be...
If the domain name has not been ordered from Indyra, the administration of the domain name is the responsibility of Customer. Dose, we hear, the activation or transfer of a domain name and its renewal and protection. The customer can order the transfer of its domain name with Indyra at its command. The client claims to be owner of the domain name it wishes to transfer or be duly authorized by the owner of the domain name. Indyra will make available to the client through the administrative console to complete a transfer form and a procedure for authorizing the transfer from the previous provider. It is the client's responsibility to take the necessary steps to transfer the domain name. Indyra can not be held responsible for the inability to transfer this domain name or resulting delays, that inability does not invalidate the contract.
The customer is informed that each extension is managed by an organization called"Registrar" or "Registry" which sets out rules for use particularly with regard to registration, transfer or use of the name at maturity. Indyra will in no way be held responsible for the consequences of non compliance by the client of the rules of these organizations. Indyra provide, upon request, the client, more information on the rules of each extension.
Article 5 :
Storage space and bandwidth,the storage space is defined in the service offering. Is included in the quota of disk space : web space, emails, databases, logs, statistics and personal backups(recodoc). Backups of data hosted in Indyra are not counted in the quota of disk space.
The maximum size of an email is 50 MB
Log files are kept for the statutory period, they are compressed to take less disk space. The link has a read access to the logs by FTP, you can delete them. They are automatically deleted after the statutory period of detention.
If the disk space quota is reached or exceeded, the Customer must move to the higher offer. If there is no superior offer or if the client does not pass the higher bid, the service will be interrupted. The service can not be delivered until after resetting the account, that is to say the removal of all data(except for logging). The disk quota and usage can be viewed from the administration console. Emails are sent to the customer before the disk quota is reached, it will be the responsibility of the customer to move to the higher bid, or delete data to avoid the blocking of his account.
Traffic is unlimited. There is no limit hits. The bandwidth is limited to 5 Mbps per site.
Article 6 : Billing and Payment Payment is by credit card, bank transfer, check, Paypal. Any shipping money are charged to the customer. Any expenses of receipt of payment qu'Indyra should pay will be deducted from the amount paid by the customer. Therefore it is the client to choose the payment method that best suits the service ordered and its turnaround.
Full payment for services must be made before the establishment of the service. After payment, an invoice can be downloaded and printed from the Administration Console at https://www.indyra.net.
Article 7 : Duration The service is valid for a minimum period of one month.
The opening date of service determines the initial date on which the service and billing to take effect.
Article 8 : Validity ordering the service and its payment signifies acceptance of terms and conditions.
Article 9 : Performance Conditions Indyra send the client a confirmation email containing the opening of the service codes to access the administration console and service.
Article 10 : Contract duration/cancellation/place of execution
10.1 The contract is automatically terminated upon expiry of the term of service. It may be renewed under the terms of Article 11.
10.2 The contract (products ans services) is cancellable without giving reasons by both parties at any time during a period of 30 days to the end of the month, but at the earliest on expiry of the minimum contract period stipulated in the contract. A cancellation can only be done in writing by email to firstname.lastname@example.org or via the secure online administrations area (support ticket or cancel request). This termination does not entail any refund due on the bills and stay in their entirety.
Special case of dedicated servers: Dedicated servers as well as the attached services must be canceled before the 20th of each month for the termination to be taken into account the following month.
10.3 Early termination from Indyra, without notice, without compensation, without recovery of data by the customer or other specific arrangement is possible when :
The customer does not comply with any provision of this contract.
The payment of services ordered from Indyra was repudiated.
The use of service by the client is a danger to the maintenance of security or stability of the platform hosting Indyra. In this case, the client can retrieve its data.
10.4 The service is interrupted on the day of termination of service. Data will be stored for 30 days before being permanently destroyed. The customer can during this period even renew a subscription. After the interruption of service, the customer can not recover data that in renewing his subscription.
Special case of dedicated servers: the servers are kept as is for a period of 3 days after expiration of the service before a new reinstallation.
10.5 Right of withdrawal
You have the right to withdraw from this contract in 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us by email to email@example.com or via the secure online administrations area (support ticket or cancel request)
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract.
Article 11: Renewal
Indyra agrees to send at least two invitations to renew by mail in the month before the expiry of the term of service (15 days and 7 days before the end of the service).
The customer has the option to renew the service prior to maturity by paying the amount of service corresponding to the service. The service is considered renewed upon receipt of payment by Indyra.
If renewed after the due date of the service, the service will remain suspended until receipt of full payment for the service. It is the responsibility of the customer to renew his service in time to avoid interruption of service.
Article 12: Resale
Resale services Indyra is authorized to receive favorable terms from vendors, the customer must sign a reseller agreement with Indyra.
Article 13: Obligations and responsibilities of Indyra
13.1 Indyra undertakes to exercise due care and diligence in providing quality service in accordance with industry practice and the state of the art. Indyra responds only to an obligation of means.
Ensure access to the service 24/24h daily year. Indyra shall, in so far as possible the customer, within a reasonable time, by email or on the administration console, a possible interruption of service, so that the client takes its provisions. However, the customer acknowledges that the fluctuations of bandwidth and the vagaries of ISPs are elements that can cause a discontinuity in the services offered by Indyra, and outside technical means.
Respond quickly to incidents on the platform hosting
Maintain the highest standards of quality of its tools
Make available to the client the possibility to restrict access to its site (or part).
Protect, as far as possible, its platform hosting
Make available to the client, a management console, at https://www.indyra.net/manager to update their contact information and perform certain administrative tasks relating to the service.
13.2 Indyra not be held responsible for the content of information, sound, text, images, form elements, data available on the websites hosted on the customer's service, transmitted or uploaded by the client and in any capacity whatsoever.
13.3 Indyra can not be held responsible for the failure or partial failure of an obligation or operators of transmission networks to the Internet world and in particular the access providers.
13.4 Indyra not be held liable to the Client for the introduction of a computer virus on customer service.
13.5 Indyra not be held responsible for failure due to improper misuse of the service by the customer.
13.6 The liability of Indyra will not be committed:
If the contract or any obligation to Indyra hereunder is prevented, restricted or disturbed due to circumstances beyond the reasonable control of Indyra ("Force Majeure", then Indyra will be exempt from the performance of its obligations to the extent of such prevention, restriction or interference).
Is still due to the customer, especially in the following cases:
deterioration of the application,misuse of terminals by the customer or its customer, fault, negligence, omission or failure on his part, non-compliance with advice,unauthorized disclosure or use of the password given in confidence to the customer,fault, negligence or omission of a third party over which Indyra has no control or monitoring,request for temporary or permanent interruption of service from a competent administrative or judicial authority,partial or total destruction of information transmitted or stored as a result of errors attributable directly or indirectly to the client.
The recoverable from Indyra when service failure resulting from a fault attributed to it will correspond to the direct, personal and some related to the market failure, specifically excluding any consequential damages such as, inter alia, commercial loss, lost orders, damage to brand image, any business disruption, loss of profits or customers (eg, inappropriate disclosure of confidential information concerning the result of malfunction or hacking the system, action of a third party against the customer, etc..).
In any event, the amount of damages that could be borne by Indyra if liability was incurred, will be limited to the amount of money actually paid by the customer to Indyra for the current period or billed to the customer by Indyra or the amount of money corresponding to the price of the service for the part of the service for which responsibility has been retained Indyra. Will be considered the lowest amount of these sums.
Article 14 : Obligations and Responsibilities of the Customer
14.1 The client agrees to maintain a valid postal address at all times and a contact email address functional and recorded regularly. The client can edit their contact information from the administration console.
Indyra make all important communications exclusively through this mailbox.
14.2 The customer agrees not to host sites illegal or contrary to the policies of Indyra and those with links to such site.
It is strictly forbidden to the customer directly or indirectly involved in illegal activity or unethical course of action to Indyra, through the services provided by Indyra. Any deviation from these rules would lead automatically and without notice to close the customer's account.
Are regarded as illegal or contrary to the policies of Indyra:
Failure to respect copyright and intellectual property, including MP3, videos and software.
Racist, xenophobic or hate
Indyra reserves the right at any time without notice, to block access to any web page that does not conform with international law and which would convey this information is illegal.
14.3 The Customer assures Indyra it holds all intellectual property rights on the entire content that is hosted on the service Indyra.
Indyra may be contacted directly by the owners of intellectual property rights if those rights have been violated by the services offered through Indyra, so that the offending material be removed or access blocked.
The customer declares accordingly fully accept all legal obligations arising from the ownership of its services, Indyra can not be sought or worried in this respect for any reason whatsoever, including for violation of laws or regulations applicable to services customer. The client acknowledges having obtained all necessary approvals in terms of copyright.
The client agrees to pay directly to the claimant any sum that it would require Indyra. In addition, the customer agrees to intervene at the request of Indyra to any proceedings against it and to ensure Indyra of all sentences pronounced against her on this occasion. Accordingly, the customer agrees to be personally responsible for any claims and / or procedure whatever form, scope or nature that would be filed against Indyra which would relate to the obligations charged to the customer under this contract.
The client responsible for the contents of the site, is committed to the defense at its own expense to Indyra if the latter would be subject to an action for recovery, concerning data, information, messages etc..., it broadcasts, and to defray the indemnification due for any harm suffered, provided you have the freedom to interact and conduct the proceedings.
14.4 The client agrees to implement the means necessary to safeguard the sustainability of its business. Although qu'Indyra performing backups of data, Indyra does not guarantee the integrity of backups.
14.5 The use of CGI scripts, PHP, MYSQL and other executable programs must be reasonable. In order to provide good quality service, Indyra reserves the right to stop running some CGI, PHP, SQL or site if they take too many resources or bandwidth on the server and endanger the proper functioning of the platform of shared hosting indyra.
Indyra will endeavor to notify the client using too much resource on the server before suspending the site. By cons, if the client's site causes problems for other customers or uses too many resources, it can be stopped without notice.
Some features PHP and MySQL are blocked for security reasons. Access to MySQL database can not be done exclusively through the web server itself. No external access will be possible. Persistent connections are not possible.
The Customer is advised that the use does not conform to what is stated above may be such as to make it inconsistent operation of the site on the platform of shared hosting Indyra, and expose the site in question to a suspension without notice in order to ensure an acceptable quality of service to all clients of the platform. The Customer will then be prompted to choose a contract virtual or dedicated hosting.
14.6 The sending of SPAM is strictly prohibited.
Customer agrees not to use the features of the service to send emails in large numbers or people who do not wish to receive by. As such Indyra reserves the right to develop its service software tools to prevent these practices, including limits on the number of emails send
In case of non compliance with this commitment or if the complaint received by Indyra on an email sent from facilities Indyra or containing URLs hosted by Indyra, the client acknowledges qu'Indyra is entitled to limit, restrict or suspend the sending of email through the service, or even permanently terminate the contract in case of recurrence.
The use of email address lists purchased or downloaded is prohibited.
Emails sent from scripts misconfigured present on the website and the Customer allowing access to messaging features from the outside will be considered spam and the customer's responsibility.
14.7 The customer undertakes to update their scripts when they have known security holes, this includes the software installed on service as forums, blogs or CMS. It is the customer's responsibility to keep abreast of updates to existing scripts they use.
Indyra reserves the right to suspend service if it is a danger to the continued safety of the platform hosting Indyra, either after being cracked that service, or as a result of a non-installation of updated software which results in the detection of a flaw in the system security. Indyra agrees to reconnect the customer's request, once the correction procedures have been completed by the customer.
14.8 The customer agrees not to redirect another domain name directly to a subdirectory (one website per contract).
14.9 The client agrees to take all the necessary insurance with a reputable insurance agency to cover all damages which may be attributable in part of this contract or its performance.
Article 15 : Confidentiality
No data, including email address, provided by the customer during registration or after will not be disclosed, sold or shared with third parties or partners.
The Customer acknowledges that because of his relationship with Indyra, as the latter that the client can have access to certain products, information or materials in connection with the activities of the other party, which may involve customer lists, software technologies or anything that is potentially confidential and of substantial value for each respective party, and who might be a possible impairment if they were to be disclosed to a third party. Consequently, both the client qu'Indyra accept that they will not use their own behalf or that of a third party, nor disclose to any third party, any information they have learned during this contractual relationship, except when required by law (eg on court injunction). In addition, the client and Indyra confirm they will take all appropriate measures to protect the confidentiality of such information.
Article 16 : Changings The general line override the general conditions printed. The parties agree that Indyra may, of right, amend its service without any formality other than to inform the customer by a warning line and / or bear modifications in the terms and conditions online. Any modification or introduction of new subscription options will be an online information site located at URL http://www.indyra.net/ or sending an email to the customer . In this case, the customer may cancel the contract within thirty days after the entry into force of these changes, without being able to ask for any compensation.
Price changes are only possible at the end of the term of service.
Article 17 : Severability The invalidity of any clause of the contract services contract with Indyra, under such a law, regulation or following a decision of a competent court has the force of res judicata n 'will result in the nullity of the other clauses of the contract for services that will keep their full effect and scope.
In this case, the parties shall as far as possible replace the annulled provision by a valid provision that corresponds to the spirit and intent of the contractual conditions.
Article 18 : Advertising and promotion Indyra may occasionally advertising, demonstrations, seminars and publications in professional markets, take advantage of services provided to customers as well as commercial documents and / or its board and / or its website.