Terms & Conditions

Conditions Générales de Vente

These Terms and Conditions of Use of Hostarts Services are a legal and binding agreement between EURL Hostarts and you, or, if you represent an employer or client, that employer or client governing your use of the website located at address www.Hostarts.com (the "Website") and the services relating to the distribution, analysis and management of electronic mail and all other related services that Hostarts provides the "Services" on the Site or on its applications (the "Apps") available on iOS and Android platforms, where available.


READ THESE CONDITIONS CAREFULLY WHEN SUBSCRIBING TO THE SERVICES offered by Hostarts.


Article 1. Definitions

Terms beginning with a capital letter and in bold, whether used in these Conditions or in any other document included in the Contract, have the following meaning, unless expressly stated otherwise:

"Special Conditions" refers to all the specific conditions concluded with the Customer which specify in particular the financial and technical elements mentioned in the estimate.

"Data" means the Customer's digital data, whether personal or not, which is collected, handled, processed, and/or communicated between the Customer and the Service Provider and which is likely to be intended for third parties, as part of the rights to access and use the web hosting.

"Intellectual Property Right" means any patent, patent application, copyright, moral right, trade name, trademark, service mark, trade secret, and any other application or right to file an application registration to obtain any of the aforementioned rights, Internet domain names, logos, designs, slogans, and intangible elements of a similar nature, computer software programs or applications, material or immaterial proprietary information, know-how, proprietary processes, formulas, algorithms, or any other intellectual property right, whether or not these are registered and whether or not they were created before or after the effective date of the Agreement.

“Web Interface” means the Internet pages associated with the electronic functionalities described in the documentation of the web hosting accessible by and configured for and/or by the Customer, in particular the interface “Hosty, Artadmin (admin panel) in accordance with the Agreement and related documentation.



Article 2. Support and Service Levels

2.1 We implement all necessary and reasonable means, in accordance with commonly accepted rules, to ensure quality hosting (Hosting). To this end, We provide you with an online customer account allowing you to update and adapt your Hostarts cloud hosting spaces in real time You also have the possibility of subscribing to additional support services for the purpose of improving the Hosting "the Support Services"), invoiced in addition, and provided upon prior validation of an estimate as mentioned in the Special Conditions.

2.2 Support and Service Levels

It is your responsibility to designate a single SPOC (Single Point Of Contact) contact person responsible for receiving requests for information and assistance from your authorized users and to attempt to respond to them with Hostarts support. Hostarts provides premium support on all the plans it offers, responding to requests for information and assistance from the customer SPOC relating to the use of web hosting and or configuration, and resolving anomalies relating to the use of web hosting could not be resolved by the customer SPOC, despite its efforts, at the first level of support.

The SPOC shall create a Support ticket at the address: https://hostarts.com/submitticket.php for any Support request, including all possible information relating to its Support request, it being understood that only the Admin can contact/access Support.

Hostarts reserves the right to invoice You for any first-level Support intervention request (such as, for example, anomaly related to poor configuration or your technical environment).

The terms of access to Support as well as Hostarts commitments relating to service levels are detailed in the Service Level Program (SLA), where applicable.


Article 4. Identifiers (Credentials)

These Terms and Conditions of Use of Hostarts Services are a legal and binding agreement between EURL Hostarts and you, or, if you represent an employer or client, that employer or client governing your use of the website located at address www.Hostarts.com (the "Website") and the services relating to the distribution, analysis and management of electronic mail and all other related services that Hostarts provides the "Services" on the Site or on its applications (the "Apps") available on iOS and Android platforms, where available.


READ THESE CONDITIONS CAREFULLY WHEN SUBSCRIBING TO THE SERVICES offered by Hostarts.


Article 1. Definitions

Terms beginning with a capital letter and in bold, whether used in these Conditions or in any other document included in the Contract, have the following meaning, unless expressly stated otherwise:

"Special Conditions" refers to all the specific conditions concluded with the Customer which specify in particular the financial and technical elements mentioned in the estimate.

"Data" means the Customer's digital data, whether personal or not, which is collected, handled, processed, and/or communicated between the Customer and the Service Provider and which is likely to be intended for third parties, as part of the rights to access and use the web hosting.

"Intellectual Property Right" means any patent, patent application, copyright, moral right, trade name, trademark, service mark, trade secret, and any other application or right to file an application registration to obtain any of the aforementioned rights, Internet domain names, logos, designs, slogans, and intangible elements of a similar nature, computer software programs or applications, material or immaterial proprietary information, know-how, proprietary processes, formulas, algorithms, or any other intellectual property right, whether or not these are registered and whether or not they were created before or after the effective date of the Agreement.

“Web Interface” means the Internet pages associated with the electronic functionalities described in the documentation of the web hosting accessible by and configured for and/or by the Customer, in particular the interface “Hosty, Artadmin (admin panel) in accordance with the Agreement and related documentation.



Article 2. Support and Service Levels

2.1 We implement all necessary and reasonable means, in accordance with commonly accepted rules, to ensure quality hosting (Hosting). To this end, We provide you with an online customer account allowing you to update and adapt your Hostarts cloud hosting spaces in real time You also have the possibility of subscribing to additional support services for the purpose of improving the Hosting "the Support Services"), invoiced in addition, and provided upon prior validation of an estimate as mentioned in the Special Conditions.

2.2 Support and Service Levels

It is your responsibility to designate a single SPOC (Single Point Of Contact) contact person responsible for receiving requests for information and assistance from your authorized users and to attempt to respond to them with Hostarts support. Hostarts provides premium support on all the plans it offers, responding to requests for information and assistance from the customer SPOC relating to the use of web hosting and or configuration, and resolving anomalies relating to the use of web hosting could not be resolved by the customer SPOC, despite its efforts, at the first level of support.

The SPOC shall create a Support ticket at the address: https://hostarts.com/submitticket.php for any Support request, including all possible information relating to its Support request, it being understood that only the Admin can contact/access Support.

Hostarts reserves the right to invoice You for any first-level Support intervention request (such as, for example, anomaly related to poor configuration or your technical environment).

The terms of access to Support as well as Hostarts commitments relating to service levels are detailed in the Service Level Program (SLA), where applicable.


Article 4. Identifiers (Credentials)

Article 7. Données – Contenu du Client – Spam

7.1 Data

The parties agree that the data used, processed, hosted, saved or stored by Hostarts on behalf of the Customer or at the initiative of the latter are and remain the property of the Customer. Hostarts is nevertheless authorized to use the Data in order to: verify the quality of the Customer's best practices; enable the operation of the web hosting; perform internal monitoring and improvement of web hosting; analyze the use made by the Customer of the web hosting, in terms of volume and history; and, analyze and communicate to its various customers overall web hosting usage statistics; provided that the information thus disclosed is aggregated with the data of other Hostarts customers and is anonymized so as not to directly or indirectly identify the Customer.

As such, You remain responsible for fulfilling all formalities and reporting obligations.

You are reminded that, except in the presence of an agreement signed by the Parties to this effect, web hosting cannot be used to process sensitive personal information, in particular personal information of a medical nature or relating to the state of health.

You are further informed that the Data, including personal data, that You transmit to Us when using web hosting may, depending on the location of the user, cross borders to reach the servers hosting the web hosting and storing the Data. You therefore undertake to inform the holders of the personal data concerned and to obtain any necessary consent beforehand.


7.2 Content

You remain solely and solely responsible for all data, information and other content, in particular the content of emails and newsletters sent by you via the web hosting, including in the event that this content comes from a third party, as an open SMTP relay or through the routing of an entire infrastructure as well as the compliance of the Content with the regulations in force in accordance with article 7 of these Conditions.

You acknowledge and warrant that under no circumstances all or part of the Content:

a) does not infringe, misappropriate or violate any right, including intellectual property, of any third party whatsoever;

b) does not contain any virus or computer program intended to cause damage, intercept or fraudulently expropriate any system, Data or personal information;

c) does not contain any illegal information or is neither defamatory, nor dangerous for minors, nor is contrary to morality or violates any other applicable law;

d) does not contain any personally identifiable health, health insurance, bank account or credit card information;

e) is false, misleading or inaccurate.

f) fails to comply with the Operational Policies.

More broadly, you agree not to use the Site and the web hosting that could give rise to any civil or criminal proceedings and guarantee Hostarts in this regard against any proceedings it may bring. object as such.

You acknowledge that Hostarts has the right, but not the obligation, to monitor web hosting and the data subject thereto. To comply with legal obligations in this regard,

Hostarts may take action (including removing Content or refusing to provide certain Data) if We reasonably believe that such action is necessary to prevent illegal web hosting-related activity.

You expressly acknowledge that Hostarts cannot be held responsible for any loss or destruction of the Content, including the Data, and that it is therefore Your responsibility to ensure its backup.


Article 8. Subscriptions – Rates & Terms of payment

We offer several options to our customers, including free subscriptions and paid subscriptions, with or without commitment. You can find these subscription options and the associated prices on the Site. The prices of our subscriptions are available in Algerian Dinar.


Invoices, expressed in Euros, US Dollars, or Pounds Sterling, excluding taxes (HT), are payable net, without discount and upon receipt (unless otherwise stated on the invoice), by bank transfer to the account whose contact details are mentioned on the invoices.

Any delay in payment will automatically and without prior notice incur late payment interest payable immediately, equal to three (3) times the legal interest rate per day of delay in addition to a lump sum compensation of two thousand dinars (2000DA) per unpaid invoice in accordance with the Commercial Code, and may result in the temporary suspension of the Service and/or the termination of Your subscription, at our sole discretion, immediately and upon simple notification.


All amounts due are expressed exclusive of tax. You agree to pay or reimburse, as applicable, to Hostarts all taxes and duties due or paid, imposed by any public authority on amounts due under the Services and which are your personal responsibility.

Hostarts reserves the right to change the prices of subscriptions to the Services by notifying You by e-mail with a notice period of at least thirty (30) days. If You do not accept the new rates which will have been notified to You, it will be Your responsibility to cease all use of the Service no later than the last day of the current monthly period already paid on the day of the notification and to terminate your subscription.< /p>

In the event of an annual subscription, the prices that will apply to You Are those in force on the day of your order; the new rates will only apply to You from the possible renewal of your subscription on expiry.

You agree not to hold Hostarts liable and not to dispute the payment corresponding to your services, including in the event that some of these are blocked by a third party and do not reach the recipient within the conditions You would have wished (as part of an anti-spam policy for example).


Article 9. Duration – Withdrawal – Termination and Deletion of Accounts

• Paid subscription with time commitment

When You subscribe to a paid subscription with a minimum commitment period, each of the Parties (You and Us) may terminate it at each expiry date (anniversary date), subject to three (3) months' notice. . In the absence of termination on the due date, the subscription binding us is automatically renewed for an identical duration, and You will be invoiced each month for a minimum amount identical to the amount invoiced for the last month of the initial period (Accommodation web and recurring Support Services if applicable) according to the schedule provided for in the initial order form, excluding overruns.


Each of the Parties may also terminate the subscription early in the event of non-compliance by the other Party with one of its substantial obligations which it does not remedy within thirty (30) days calendar (ten (10) calendar days in the event of non-payment by the Customer) from receipt of formal notice sent by registered letter with acknowledgment of receipt. Notwithstanding the foregoing, termination may be immediate in the following cases: non-compliance by the Customer with the Anti-spam Policy in accordance with the provisions of Article 6.3 of these Conditions; violation of laws or regulations; breach or attempted breach of Site security; fraud or attempted fraud relating to the use of the Site or web hosting.


• Quarantine

When your practices do not comply with the provisions of the terms, Hostarts may decide to temporarily put Your account in "Quarantine", before Hostarts can lift the Quarantine and allow You to send the desired volumes of emails. The Quarantine following a breach of Your contractual commitments, You will remain liable for the payment of the sums contractually due throughout the Quarantine period despite the limitation of your possibilities of sending e-mails and it will not No refunds will be made.

• Termination and/or deletion of an account at the initiative of Hostarts

Hostarts may terminate your Account and performance of the Services at its sole discretion in the following circumstances:

a) at any time and for any legitimate reason during a free subscription subject to reasonable notice or after notification that Hostarts has sent to You following any breach of laws or regulations or these Conditions, and in particular without limitation:

in the event of non-payment or partial payment of any amount due by You;

in the event of a payment incident;

if the Services are used to send emails that do not comply with the conditions;

in the event of violation or attempted violation of the security of the Site; or,

in the event of fraud or attempted fraud relating to the use of the Site.


Consequences of termination

In the event that your account is terminated for any reason, all fees due will become due and payable immediately. We will not make any refunds, and you will be liable for collection costs, if any. In particular, if the subscription to the Services was taken out for a minimum duration, in the event of termination for breach before the term initially planned, all of the sums that Hostarts could have invoiced you for the initial duration remaining to run will be due and payable immediately. as a penalty.

You must also return to Us any copies of documents (whether in paper or electronic form) belonging to Us, and of which You may have possession. You are further reminded that You will no longer be able to access Your account or the Data stored therein, subject to the provisions of the Privacy Policy and legal provisions, from the effective date of termination.

Article 10. Warranties

Hostarts implements all necessary and reasonable means to deliver a functional Service that substantially complies with its documentation and SLA, but does not guarantee

the absence of an error or "bug". If You find any non-compliance, You must notify Hostarts as soon as possible and Hostarts undertakes to use all reasonable efforts to remedy the non-compliance, this being your sole remedy.

Hostarts also guarantees that the Support Services will be provided, where applicable, in accordance with the description indicated in the special conditions and/or the order form signed by you and in accordance with the rules of the art, the Service Provider being here bound only by an obligation of means.

You represent, warrant and covenant for the benefit of Hostarts that: (1) You have the right and authority to subscribe to and use the Services on the one hand and agree to these Terms on the other hand, and , if you are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of these Terms; (2) You have the right and authority to perform your obligations under these Terms; and (3) all data, information or content You provide to Hostarts in connection with Your access to the Site and use of the Services is accurate and current.


You further acknowledge that Hostarts does not control the transfer of Data via the internet, and therefore cannot be held responsible for delays or delivery problems resulting from internet or any other connection problems.

Article 11. Claims by third parties

11.1 Hostarts undertakes to defend You, at its expense, against, and to indemnify You for any pecuniary condemnation pronounced against You following any complaint from a third party claiming that the use of the web hosting in accordance with these Conditions, would infringe any copyright, trade secret, trademark or any other intellectual property right provided that you notify us in writing without delay and at the latest within ten (10) days of receipt of such claim, we leave the sole control of the investigation, defense and settlement of such claim to us and will cooperate fully in the defense and settlement of such claim. Hostarts will not be responsible for any payment for which it has not given its prior written consent.

In the event of a claim by a third party for infringement, Hostarts may, at its sole discretion, obtain the right for you to continue using the web hosting, replace or modify the Service so that it does not is more infringing, if we determine that it is not reasonable to implement any of these alternatives, you will cease accessing and using the Web Hosting upon our written request.

Hostarts will not refund, where applicable, the sums paid in advance in proportion to the time during which the web hosting could not be used. This expresses all of our obligations regarding counterfeiting.


Article 12. Limitation of Liability

The web hosting as The Site may include links to other websites or other Internet sources. Insofar as We cannot control these sites and these external sources, Hostarts cannot be held responsible for the provision of these sites and external sources, and cannot bear any responsibility for the content, advertisements, products, services or any other material available on or from such sites or external sources; the fact of allowing access from its Web Hosting or its Site does not in any way constitute adhesion or approval of Hostarts to any Party whatsoever of the content of these third party websites.

Your attention is particularly drawn to the fact that such linked websites may subject You to general conditions binding it to the owner of the website and/or to payment of royalties for the use of this website. In addition, Hostarts cannot be held responsible for the behavior of other users, nor for any proven or alleged damage or loss resulting from or in connection with access, use or the fact of having trusted the content, goods or services available on these external sites or sources.

Hostarts will be relieved of the execution of the Services, in the event of an event constituting force majeure, defined in article 13 of these Conditions.

Furthermore, for maintenance reasons, Hostarts may temporarily interrupt access to the Services; in such a case, Hostarts will endeavor to notify You in advance and to minimize the duration of this interruption. In any event, under no circumstances will Hostarts (including any of its third-party suppliers, employees or representatives) be liable for indirect or consequential damages of any kind, including and without limitation, loss of income, profits, chance, business interruption, or loss of Data, and even if the Parties have been advised of the possibility of such damages.

In all cases, the total liability of Hostarts is limited, all damages combined, to the sums paid by You to Hostarts, if any, for the use of the Site and the Services, under the twelve ( 12) last months preceding the date of occurrence of the damage. This limitation does not apply to damage due to bodily injury (including death), nor to fraud or gross negligence.


You acknowledge subscribing to the Services in consideration of the risks associated therewith and of these provisions relating to the liability of Hostarts, and (ii) the level of risk that You declare to accept. The applicable prices, where applicable, have been agreed in consideration of this clause, which is part of the economic balance of the Contract.


Article 13. Force Majeure

13.1 Are considered as cases of force majeure, any event beyond the control of the Parties and fulfilling the criteria defined by Algerian jurisprudence when these events occur after the conclusion of the Contract and prevent the total or partial execution ("Force Major”).

13.2 In the event of the occurrence of a case of Force Majeure, the Contract binding us will be automatically suspended for the entire period of Force Majeure, and neither Party may be held liable by the other Party for any delay or breach of contract as a result of such an event, provided that the defaulting Party immediately informs the other Party of the occurrence of the case of Force Majeure, makes reasonable efforts to resume performance of its obligation as soon as possible and being understood that during the case of Force Majeure, the other Party may in the same way suspend the execution of its obligations, until the defaulting party resumes the execution of its own obligations.

The Parties will meet in order to determine by mutual agreement the conditions of adaptation or replacement allowing a resumption of the execution of the Contract as soon as possible.

In the event of Force Majeure preventing the continuation of contractual relations for a period of more than sixty (60) days, the Contract may be terminated by registered letter with acknowledgment of receipt with immediate effect by either Party . Notwithstanding the foregoing, an event of Force Majeure shall in no event excuse or delay a Party's obligations relating to Confidentiality or Intellectual Property Rights.


Article 14. Confidentiality – Personal Data

14.1 Personal data about you is processed in accordance with our Privacy Policy.

14.2 Each Party further undertakes to treat as confidential, and not to reproduce or disclose, other than for the sole purposes of performance of the Contract, the information and documents communicated by a Party (the "Disclosing Party" ) to the other (the "Recipient Party") during the execution of the Contract or prior to its signature and which, either because of their technical, commercial or financial content, should be considered confidential as comprising undisclosed elements publicly and/or purely personal to the Party concerned, or were identified in writing, at the time of their disclosure, as being confidential and/or proprietary (together the “Confidential Information”). Confidential Information includes, but is not limited to, the terms of this Agreement (but not its existence), trade secrets, know-how, inventions (patentable or not), techniques, processes, programs, ideas, algorithms, diagrams , test procedures, software design and architecture, computer codes, internal documentation, error reports, analyzes and performance information, computer documents, and other technical, commercial, marketing and financial information, as well as any plans and any Data.< /p>

The Receiving Party must apply, in order to keep confidential the Confidential Information transmitted by the Disclosing Party, the same degree of protection that it uses to protect its own Confidential Information and in no case less protective diligent measures, subject however that the Service Provider may disclose the Client's Confidential Information to its third-party suppliers only to the extent necessary for the provision of the products or services under the Contract and provided that the Service Provider has concluded With these third-party suppliers a confidentiality agreement protecting the Confidential Information in a manner at least as protective as in this Agreement.

Both Parties acknowledge that a breach of their obligations regarding the Confidential Information may cause the other Party irreparable harm for which there is no appropriate legal remedy and that the Disclosing Party may request additional protective measures. other remedies available to it. The Customer is also prohibited from disclosing to a third party the results of any performance tests carried out on the web hosting, without the prior written consent

of the Provider. Confidential Information does not include information that:

(i) is or falls into the public domain through no act or omission of the Receiving Party;

(ii) was in the Receiving Party's lawful possession prior to disclosure and was not obtained by the Receiving Party directly or indirectly from the Disclosing Party;

(iii) is lawfully disclosed to the Receiving Party by a third party without any restriction on disclosure to the Receiving Party and even though the Receiving Party was unaware that the information was confidential information the Disclosing Party;

(iv) is independently developed by the Receiving Party without breach of this Agreement; or (v) are

disclosed by Receiving Party if required by court order, court order, or other request from authorities (provided Receiving Party first notifies Disclosing Party and affords Disclosing Party an opportunity to s oppose the court decision, injunction or request of the authorities).

14.3 The Parties, however, undertake not to consider as confidential the commercial references that are the name, trademarks, logos, domain names and other distinctive signs of the Parties, provided that they do not undergo any modification likely to harm them.


Thus, each of the Parties is in particular authorized to mention the name, to use the logo or the image of the other Party as well as an objective description of the nature of the Services covered by the Contract, in its lists references, customer testimonials, and proposals and case studies for prospects and customers, interviews with third parties, communication to its personnel, internal planning management documents, annual report to shareholders, as well as in the event legal, regulatory or accounting provisions requiring it.


Article 15. Miscellaneous

15.1 Transfer – Change of Control

As necessary, you are reminded that you have a personal, temporary, non-transferable and non-exclusive right of access and use of the web hosting. Under these conditions, it is expressly agreed that You may not under any circumstances transfer your subscription, nor any rights arising therefrom for access and use of the web hosting to a third party, by way of contribution, assignment, concession, merger, demerger, loan or otherwise, even free of charge or within the group to which You belong, except with Our prior written consent.

15.2 Subcontracting

Hostarts reserves the right to call on the subcontractor(s) of its choice for the performance of the services related to the Services and will remain responsible for their performance to you under the conditions and subject to the stipulated reservations. to these Terms.

15.3 Entirety

These Conditions, as well as the Operational Policies are an integral part, constitute, with any order form and/or special conditions, the entirety of the commitments between You and Us, establish all of our reciprocal rights and obligations and cancel all other prior verbal or written commitments directly or indirectly relating to the subject of the contract binding us. This contract binding us can only be modified by a written amendment, signed and designated as such by both Parties (You and Us).


15.4 Independence of clauses

In the event that any provision of these Terms is invalid for any reason whatsoever, the validity and compliance with the other provisions of the Terms shall not be affected.


15.5 Waiver

Unless otherwise provided, the fact that one of the Parties has not required the application of any of these Conditions shall in no way be considered as a waiver of the rights of this Party under the said clause. .

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