By using the service, the CUSTOMER hereby declares that, prior to subscribing to the service, he/she has verified the suitability of the service, which he/she has judged to be adapted to his/her needs, and that he/she has received from the company all the information and advice necessary to subscribe to the present special conditions of service and that, consequently, he/she renounces any dispute on this point.He acknowledges having been informed that the service provided by the company can only constitute an obligation of means in the sense of French law and that the company could not be held responsible in case of loss of turnover and / or non-return of expected effects in terms of visibility on the Internet following the use of the service by him. He acknowledges having been informed of all the risks inherent to the use of SoLike's service and being solely responsible for the acts performed by him.
This Agreement shall take effect on the date of its signature by the Parties for a term of one (1) year and shall be renewed for successive periods of one (1) year, unless terminated by either party by registered letter with acknowledgment of receipt no later than 60 days prior to the anniversary date.
3.1 In order to access the Service, THE CUSTOMER must first register by providing the identification information requested by the Company.
3.2. Once this information has been collected by the Company, THE CUSTOMER must proceed to payment under the conditions of Article 5.2 hereof prior to any validation and use of the Service.
3.3. Once the account has been validated and the direct debit has been validated, the Company undertakes to start the services immediately.
4.1. Access to the Service
In order to access the Service, THE CUSTOMER must have completed the registration process and selected a payment system.
4.2. Description of the proposed Services
The purpose of this Agreement is to define the terms and conditions applicable to the Services ordered by the Customer. The Provider grants the Customer, who accepts:
- a right of access to the Provider's servers under the conditions defined hereafter;
- a right of final use of the Solutions;
- a set of services defined hereafter, in particular data hosting, maintenance of the Application Services, technical assistance.
The use and/or recourse to the Service offered by the Provider to the Customer implies the unreserved acceptance of the present Terms and Conditions. The mere fact of using the Service implies the full acceptance of these Terms.
SoLike may offer additional services. Such services will be within the scope of this Agreement.
All of these services are provided to CUSTOMER during the term of this Agreement.
5.1. The price
The applicable price for the Service is the one communicated by the Company at the time of THE CUSTOMER's registration to the Service under the conditions of article 4 hereof.The Company reserves the right to change its prices at any time and without notice. However, these changes will not affect transactions prior to these changes and the subscription to the Company's package for the current year, THE CUSTOMER will be free to terminate this contract in the event that it does not wish to pay the new rates when renewing this contract under the conditions of Article 2 of this contract.The price decided by both companies is indicated on the order form and corresponds to the payment of the Service for the duration of the contract under the conditions of article 2 hereof.
5.2. Terms of payment
Payment shall be made:
- Either by direct debit
- Or by bank transfer made by THE CUSTOMER to the Company's bank account, the details of which will have been communicated at his request. These bank transfers must be made on a quarterly basis.
THE CUSTOMER agrees to provide complete banking information and to keep it up to date in order to avoid any payment incident.
To this end, THE CUSTOMER guarantees the Company that he/she has the necessary authorizations to use the bank account chosen at the time of validation of his/her subscription and that this bank account gives access to sufficient funds to cover all costs resulting from this subscription.In case of refusal by the bank, the subscription will be automatically cancelled and THE CUSTOMER will be informed by e-mail.
Each of the transactions made between THE CUSTOMER and the Company will be the subject of an invoice sent by email to the address provided at the time of registration under the conditions of Article 4 hereof.
6.1. The Company assists THE CUSTOMER to interact with its customers on the Internet. The Company acts only as a technical intermediary. Thus the Company cannot be held responsible for the content it has published as THE CUSTOMER is informed of the responses made.
6.2. The Company's liability towards THE CUSTOMER can only be incurred in the event of non-performance of its commitments resulting from the present CPPS.THE CUSTOMER is fully aware of the Company's simple role as a service provider.
6.3. THE CUSTOMER is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
7.1. Updating of CPPS
The Company may modify and/or update the terms of the CPPS according to certain economic or legal requirements; THE CUSTOMER will be informed during the use of the Service and has a period of eight (8) days to notify by simple letter or by e-mail his refusal of the proposed modifications and consequently to ask for the suppression of the service of SoLike as well as the termination of the present contract.Otherwise, the proposed modifications will be considered as tacitly accepted by THE CUSTOMER and the contract will continue until its end.The Company reserves the right to modify, at any time, the characteristics of the Service, without said modifications resulting in substantial changes. The Company will notify THE CUSTOMER of such changes fifteen (15) days prior to the effective date of such changes.
7.2 Entire contract
The provisions of this CPPS and the General Terms of Use express the entire agreement between THE CUSTOMER and the Company. They shall prevail over any proposal, exchange of letters prior and subsequent to the conclusion of this agreement, as well as over any other provision appearing in the documents exchanged between the parties and relating to the subject matter hereof, unless an amendment is duly signed by the representatives of both parties.
7.3. Non-waiver
The failure of any party to this CPPS to enforce any provision, whether permanently or temporarily, shall not be deemed a waiver of that party's rights under such provision.
7.4. Nullity
If one or more of the provisions of this CPPS are held invalid or declared as such in application of a law, a regulation or following a decision which has become final by a competent court, the other provisions of this CPPS shall retain all their force and scope.If necessary, the Company undertakes to immediately remove and replace the said clause with a legally valid clause.
7.5. Title
In the event of any difficulty of interpretation between the title and chapter of any of the articles and any of the clauses, the titles shall be deemed not to be written.
7.6. Applicable law - attribution of jurisdiction
Any difficulty arising from the interpretation and/or execution of the present contract will be submitted to the appreciation of the French jurisdictions of Annecy, the only applicable laws being the French laws.
By using the service, the CUSTOMER hereby declares that, prior to subscribing to the service, he/she has verified the suitability of the service, which he/she has judged to be adapted to his/her needs, and that he/she has received from the company all the information and advice necessary to subscribe to the present special conditions of service and that, consequently, he/she renounces any dispute on this point.He acknowledges having been informed that the service provided by the company can only constitute an obligation of means in the sense of French law and that the company could not be held responsible in case of loss of turnover and / or non-return of expected effects in terms of visibility on the Internet following the use of the service by him.He acknowledges having been informed of all the risks inherent to the use of SoLike's service and being solely responsible for the acts performed by him.