Terms of Service
NET CRISTAL, DIGITAL AGENCY
– and any legal person, individual or professional, under private or public law, wishing to engage in one or more of the services provided by Net Cristal company, hereinafter named the Customer.
These Terms of Service and any special terms and conditions proposed by Net Cristal are applicable to all orders by the Customer for Net Cristal services, excluding all other conditions and in particular those of the Customer.
Net Cristal is committed to providing all the care and diligence necessary to provide a quality service in accordance with the practices of the profession. Net Cristal only answers for an obligation of means.
The responsibility of Net Cristal can not be engaged in case of impediment or limitation of its services due to events beyond its control: explosion, fire, malfunction of the remote transmission networks, electrical failure, strike, flood, earthquake, embargo, war, epidemic, injunction of any government, or any other circumstance similarly out of the control of Net Cristal. Net Cristal, after having warned the Customer, may be exempted from the performance of its contractual obligations, until such an impediment or limitation is put to an end. If this impediment or limitation was to last more than 30 days from Net Cristal’s warning, the contract may be terminated automatically by either party, without giving rise to a right to compensation on both sides.
The responsibility of Net Cristal, in case of failure of the Service provided for the Customer resulting exclusively from proven fault of Net Cristal, can not be committed beyond the sums actually paid by the Customer or amounts ordered and / or invoiced for the period considered, excluding any indirect damage such as injury or commercial disorder, loss of order or customer, damage to the brand image.
The customer declares to be fully entitled to conclude and fulfill the obligations set out in these terms and conditions. The Customer is committed to communicate with sincerity and precision all information requested by Net Cristal for the proper performance of the services ordered.
The customer acknowledges that no stipulation indicated in these general conditions authorizes him to violate his obligation to pay the services ordered to Net Cristal.
The passwords used by the customer are confidential data. The customer is solely responsible for the passwords necessary to use his service. Net Cristal declines any responsibility in case of illegal or fraudulent use of the customer’s passwords.
The Customer is committed to respect the legal obligations in force, particularly those concerning personal data, intellectual property, trademark law and the rights of third parties.
The Customer is committed to take out the necessary insurance to cover any damages that may be attributed to him when using the services of Net Cristal. The customer declares to fully accept all legal obligations arising from the use of the services of Net Cristal. Any activity of the Customer under this contract that would incur civil or criminal liability could result in the immediate and automatic termination of the contract and could cause Net Cristal to claim damages.
Net Cristal provides the customer with tools, tutorials and various information, accessible from the Net Cristal website. This website also provides the necessary information to contact the Net Cristal team: email, phone, mailing address.
In case of breakdown or failure arising from the use of the Net Cristal Service, the Customer will inform Net Cristal as soon as possible. The Customer will endeavor to indicate to Net Cristal the possible reasons for such a failure to find the origin and facilitate its resolution. If the diagnosis of the incident indicates that the fault is not the responsibility of Net Cristal, the time spent by Net Cristal to solve the problem can be billed to the Customer, subject to supply by Net Cristal a detailed estimate.
Net Cristal provides free regular backup of pages and data from the Customer’s website. In the event of a major failure of the site, Net Cristal may propose to the Customer to recover all of its pages and data by going back to an earlier date. This service gives rise to the establishment of an estimate whose amount varies between 90 and 150 euros, taxes excluded, depending on the size of the website at the date of application. This amount can not exceed 150 euros, taxes excluded.
Current rates for Net Cristal services are posted on the company’s website. They are also communicated to the Customer at his/her request.
The Customer agrees that the invoice of Net Cristal is sent to him by e-mail. On request, he can also receive the invoice by mail, in which case he accepts that the shipping costs are billed.
The Customer can choose between several payment methods: credit card (via Paypal, with no obligation of any PayPal account), Paypal, check or bank transfer.
Net Cristal reserves the right to modify its rates at any time. Net Cristal will inform the Customer by email or by a message on the company’s website.
Non-payment of amounts due at maturity under this contract will automatically suspend all current services and the inability to order or renew any other service.
In the event that unforeseen costs are billed to Net Cristal to comply with the Customer ordered services, particularly for services ordered from service providers located outside France or the European Union, Net Cristal will inform the customer and provide all the necessary supporting documents.
The service is ordered by the customer at Net Cristal for a specific period. This duration is specified in the order form. When the service expires, Net Cristal informs the customer by e-mail so that it can proceed to its renewal within the deadlines. For this purpose, the Customer will indicate to Net Cristal any modification of his email address(es).
In case of payment by check of a renewal order, the Customer will anticipate this payment sufficiently in advance not to risk the expiration of the Service. In particular, the Customer must take into account the delay required to send the check by postal mail to Net Cristal and the delay due to bank transactions before the amount is credited on Net Cristal’s bank account.
The contract between Net Cristal and the Customer is automatically terminated. It can be renewed by order and payment by the Customer of the sums corresponding to the requested services.
The customer may request the termination of the service before the expiry date of the contract. In this case, the Customer sends his request to Net Cristal using an email known to Net Cristal, or by post to the following address: Net Cristal 14 avenue de l’Opera 75001 Paris, France. The Customer will not be entitled to reimbursement, in whole or in part, of the sums already paid to Net Cristal.
Net Cristal reserves the right to suspend customer service if this service poses a risk to the proper functioning of Net Cristal’s infrastructure. Net Cristal will inform the Customer first. Net Cristal reserves the right to exceptionally suspend the Customer Service to perform any maintenance operations deemed necessary. Net Cristal reserves the right to terminate the customer’s service in case of non-compliance with the present terms and conditions of Net Cristal.
In accordance with the European regulation n ° 2016/679, known as GDPR, General Data Protection Regulation, on the protection of the data, and in accordance with the French law “Informatique et Libertés” of January 6, 1978, the Customer has a right of access and of rectification of personal information concerning him/her. The Customer is free to exercise this right and to ask Net Cristal for the communication of His/her personal information to the following email address: Net Cristal 14 avenue de l’Opéra 75001 Paris, France.
Net Cristal considers the Customer’s personal information as strictly confidential data. As such, these data will not be disclosed to third parties, except in specific cases where the proper performance of the ordered service requires so, such as the transmission to the domain name registrar about the owner of a domain name.
Net Cristal may also be required to transmit Customer’s information in case of express request of the judicial or administrative authorities.
The Customer is solely responsible for the personal data collected by him/her via the services provided by Net Cristal. The Customer agrees to comply with the provisions of the European regulation GDPR 2016/679 as well as the law “Informatique et Libertés” of 6 January 1978 and the directives of the Commission Nationale Informatique et Libertés (C.N.I.L.).
Due to their more recent update, the general terms of service and specific conditions available online on Net Cristal’s website take precedence over those printed and sent to the Customer.
Net Cristal can make any modification to these terms of service and special conditions, and make sure to inform the Customer about this update by a message published on Net Cristal’s website.
The Customer grants Net Cristal the right to communicate the Customer’s name and website on its business documents and website, in advertisements and specialized publications, at professional events such as trade shows, conferences, etc.
This contract is governed by French law. In case of major disagreement between Net Cristal and the Customer, and in the absence of amicable transaction between the two parties, only the French Commercial Court will be competent.
Special Conditions: Domain Name
Domain Name Deposit
Any request for a domain name reservation implies acceptance of the administrative and technical rules generally associated with the requested domain name (examples: nationality conditions, place of residence, etc.).
The Customer sends his/her domain name request to Net Cristal, who in turn sends back a quote indicating the rate and duration of registration of this domain name.
The Customer provides Net Cristal with all information needed to register the requested domain name. In particular, it must communicate to Net Cristal information in accordance with the national and international rules on the registration of domain names, established by ICANN and international companies authorized to register domain names (or “registrar” ): full name, address, telephone number and other information on the natural or legal person of the “owner” of the domain name. The communication of this information determines the eligibility of the registration application.
The Customer certifies to have the authorization to divulge the information on the persons he communicates.
Net Cristal is only subject to an obligation of means. The information given to the Customer by Net Cristal on the availability or not of a domain name is purely indicative. The domain name requested by the Customer will be considered fully acquired from the Customer only when he/she has placed an order and Net Cristal has given him/her confirmation of the actual reservation of this domain name.
If the domain name ordered becomes unavailable, Net Cristal will inform the Customer who will have to choose a new domain name. If Net Cristal can not fulfill its request, because of the customer or for any other reason, Net Cristal reserves the right to cancel the customer’s domain name order and refund the amounts paid for the same name.
It is the customer’s responsibility to regularly check the availability of desired domain names. The information provided by Whois services available on the Web is provided for informational purposes only and does not constitute the certainty of the availability of a domain name at a given time.
Net Cristal can not be held responsible for the information provided by these Whois services.
The Customer certifies that the information transmitted to Net Cristal is sincere and complete, which exempts Net Cristal from any verification on this point. The Customer undertakes to keep Net Cristal informed of any change in the data communicated during the registration request of the domain name, within two days of the occurrence of this modification.
The Customer undertakes to respond to any request for Net Cristal’s update. Net Cristal reserves the right not to register a domain name with coordinates that seem fanciful.
Net Cristal carries out the domain name renewal requested by the Customer, subject to full payment of the renewal price at least 15 days before its expiry date. One (1) month before this date, the Customer will receive an email reminder of this time limit allowing him/her to order this renewal in time. Any request for renewal of the domain name received after the expiry date will result in the temporary and then permanent termination of the service. On the expiry date, the customer will receive an email confirming that the service has been terminated. If the customer places an order in the days following the expiration and the domain name is still renewable, Net Cristal can apply an additional cost to the usual renewal price.
The Customer acknowledges the right of Net Cristal to change the renewal price of a domain name purchased outside the euro zone, in particular to take account of changes in the foreign exchange rate.
The Customer acknowledges that registration or renewal of a domain name with Net Cristal can not give rise to a right of withdrawal.
These conditions are valid for the entire registration period of the domain name, excluding the causes of termination.
Net Cristal reserves the right to terminate these terms and conditions in the event of inaccurate information provided when registering or renewing a domain name, in violation of the rules set by ICANN or the Office of registration to whom Net Cristal uses, non-payment of sums due by the Customer, non-compliance with applicable laws and practices.
The communication of incorrect personal information is not permitted and may result in termination of the customer’s domain name(s). The Customer is solely responsible for the technical, legal and financial consequences of the non-respect of the communication of sincere and precise information concerning himself/herself or a third party who would have mandated him/her, during the registration and renewal of the domain names.
Net Cristal undertakes to proceed quickly to update the information provided by the Customer.
When choosing the domain name, the Customer will take care not to break public order or the laws in force. The domain name will not include any brand, company name, trade name, appellation of origin or geographical indication of which it does not in itself have the exclusive rights. The domain name will respect trademark law, personality law and copyright.
The Customer is solely responsible for actions associated with the domain name registered on his/her behalf or that of a third party.
The transfer of a domain name by the Customer who owns it to a third party is only admissible after receipt by Net Cristal of a formal written request, by email using Customer’s information known to Net Cristal (email, address) or by a signed postal mail, containing this transfer request. This should specify all information about current and future owners. This request entails transfer fees that must be paid in advance by the customer. Transfer documents from the Registrar may be required to complete this transfer request to a third party.