We are  WEDID  , doing business as  wedid.shop  ("'Company. " We," "Us." "our"), a company registered in 
229  Saint Honore Paris 75001, France.

We operate the website https:// wedid.shop/ (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms*) (collectively, the
"Services").
  WEDID - SAAS Commerce Website Builder. It use Separate Database for each Tenants, so that your website load fast, has option to add custom domains. automatic subdomain
creations and much more. it comes with a different themes with necessary inner pages, it will help your tenant to Commerce website easily without hassle or thinking much about design. it
also has 20+ payment gateway, will more than 150currency support. It's highly customisable, it comes with many awesome features, like drag & drop menu builder, drag & drop form builder,
drag & drop widget builder and many more. it's compatible with Desktop, laptop, mobile and also compatible with major browsers.
You can contact us by phone at +34900645410, email at contact@wedid.shop, or by 229  Saint Honore Paris 75001, France.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and   WEDID, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE
WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by
contact@wedid.shop, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the
permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms
prior to you using the Services.
"Services").
  WEDID - SAAS Commerce Website Builder. It use Separate Database for each Tenants, so that your website load fast, has option to add custom domains. automatic subdomain
creations and much more. it comes with a different themes with necessary inner pages, it will help your tenant to Commerce website easily without hassle or thinking much about design. it
also has 20+ payment gateway, will more than 150currency support. It's highly customisable, it comes with many awesome features, like drag & drop menu builder, drag & drop form builder,
drag & drop widget builder and many more. it's compatible with Desktop, laptop, mobile and also compatible with major browsers.
You can contact us by phone at +34900645410, email at contact@  WEDID store, or by mail to 229  Saint Honore Paris 75001, France.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and  WEDID, concerning your
access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE
WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by
contact@ WEDID.store, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the
permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms
prior to you using the Services.

 

 

1 – DEFINITIONS

 

Capitalized terms and expressions in these Terms of Use, including in the Preamble above, have the meanings set forth below, whether used in the singular or plural.

 

[Subscriber]:refers to any natural or legal person, acting alone or representing third parties, carrying out a commercial professional activity, who registers onthe  WEDID Website after accepting the General Conditions of Use and the Privacy Policy and creates his own Identifier Website.  wedid.shop.

 

[Main Email Address]: refers to theemail address at which the Subscriber wishes to communicate with   WEDID.

 

[Internet Expertise Center]:refers to   WEDIDpartnerswho provide certain Services.

 

[  WEDID Email Account]: means an Email Account made available to a Subscriber by   WEDID under the conditions of Article 9.

 

[Account]: refers to the interfacethrough which the Subscriber can connect to his website and its programming interface.

 

[General Terms and Conditions of Use]: refers to these terms and conditions of use of the   WEDID Website whichare intended to define the terms and conditions under which   WEDID makes its Services available to the Subscriber as well as the access and use of said Services.

 

[Special Conditions]:refers to the quotations, terms and conditions supplementing the General Terms and Conditions of Use specific to a Subscriber or an additional service.

 

[Content]:refers to any information, data, words and elements, which may in particular be protected by an intellectual property right, made available by the Subscriber on his Website in accordance with the General Terms and Conditions of Use and the Special Conditions.

 

[Subion Agreement]:refers to the set constituted by these General Terms and Conditions of Use and the Special Conditions defined for each additional service.

 

[Registration date]:refers to the date of obtaining a username and password.

 

[Identifiers]: refers to theelements (designation of the Site – Password) allowing the Subscriber to connect to his Account.

 

[Deliverables]:refers to any intellectual creation specifically made by   WEDID as part of the execution of thepresent, such as software, graphic charters, visuals, models, illustrations, drawings, fruits of the work carried out as part of the Services, whatever their nature. The aforementioned elements may be software, graphics, editorial, audio, audiovisual, visual etc. Ownership of the Deliverables is transferred to the Subscriber under the conditions set out in Article 11 hereof.

 

[Intermediary]: refers to thethird party mandated by the Subscriber to create an Account and to be able to benefit from a website. This Intermediary may in particular be:

– An IT reseller– A web agency– A communication agency– A banking institution– A



  WEDIDpartner organization

 

 

[Dormancy]: means aWebsite kept as is, closed to the public for a specified period under the conditions described in these General Terms and Conditions of Use.

 

[Password]:refers to a code attached to the Identifier.

 

[Main Offer]:refers to the main service offered by   WEDID via its  WEDID Website,including the use of the  WEDID Solution, the creation of the Website, the hosting of theWebsite and the provision of online support.

 

[Partner]:refers to a third-party company whose services are offered by NW   WEDID.

 

[Parties]: refers to theparties to the Subion Agreement, i.e., NEW and the Subscriber.

 

[Additional Services]:refers to all the services offered by outside the Main Offer.

 

[Services]:refers together to the Main Offer and the Additional Services.

 

[Pricing Plan]: means thesubion plan including the Main Offer without which a Website cannot be activated.

 

[Website]: Website of aSubscriber whose address is a subdomain of the   WEDIDdomain.comsuch as Identifier.  WEDID.com.

 

[  WEDIDwebsite]: means the website published by   WEDID and accessible from the https://www address.  WEDID.com

 

[  WEDID Solution]: means all the software and computer developments presented onthe  WEDID Websitethat belongto  WEDID,andwhich allow the Subscriber to create and manage his website. The Subscriber is granted a license to use this Solution   WEDID pursuant to Article 11 hereof.

 

[User]:refers to an Internet user who connects, browses and uses a website hosted on the   WEDID platform, under his exclusive responsibility.

 

2 – ACCEPTANCE OF THE GENERAL CONDITIONS OF USE – MODIFICATIONS

 

In order to benefit from the  WEDIDWebsite and the Services, the Subscriber must, after having read them, accept without reservation the General Conditions of Use and have consented to the privacy policy available here:https://www.  wedid.shop/privacy-and-cookies-policy/and the data protection policy, available herehttps://www.  wedid.shop/agreement-protection-data-st-rt/

The Subscriber guarantees to have the capacity to contract and to have the necessary authorizations and delegations to do so and to possibly bind the legal entity he represents.

 

Access to the Services is subject to compliance with these terms and conditions.

 

 WEDID reserves the right to modify these General Terms and Conditions of Use at any time.  WEDIDnotifies Subscribers of the changes made by way of announcement onthe WEDIDWebsiteeight (8) days before the changes come into effect.

 

In the event of substantial changes, the following hypotheses should be distinguished:

 

– Either the Subscriber consents to said substantial changes in which case they will automatically enter into force upon the entry into force of the changes without further formality.

 

– Either the Subscriber refuses the substantial modifications, in which case:

 

For fixed-term commitments affected by substantial changes, the contractual conditions applicable on the day of the initial commitment will be maintained until the end of the commitment.

 

For commitments of indefinite duration and concerned by substantial modifications, the Subscriber has the option of early termination of the contract free of charge by simply sending a registered letter with acknowledgment of receipt within eight (8) days of notification.

In this case, the Subscriber undertakes to pay  WEDID the sums corresponding to the Services used until the day of the effective date of the termination, if necessary calculated in proportion to the initial commitment and the period elapsed.

 

3 – REGISTRATION-SUBSCRIPTION

 

In order to access the  WEDID Solution and the Services, the Subscriber will have chosen a Tariff Plan, accompanied in the choice by the advisorsof  WEDID, and accept without reservation the General Conditions of Use.

 

3.1 – Registration of the Subscriber

 

After registration, the Subscriber will have Identifiers that will allow him to access his Account. The Subscriber undertakes to keep these Identifiers secret and not to communicate them. He takes responsibility for all actions carried out on his website using his Identifiers.

 

These Identifiers allow access and editing of its Website to the Subscriber and may under no circumstances be loaned, granted or transferred to third parties, whether free of charge or for a fee.

 

For its part,  WEDIDguarantees the reliability and confidentiality of theSubscriber’s Identifiers and passwords and that it has taken appropriate measures to prevent the disclosure of the identifiers assigned to the Subscriber in accordance with the privacy policy.

 

The Subscriber guarantees to provide accurate, complete and up-to-date information. In the event that the information provided by the Subscriber is false, incomplete or obsolete,  WEDIDreserves the right, without any compensation and without notice, to suspend or terminate the Subscriber's Account, to delete all or part of the Subscriber's Website, the data and files contained therein, to delete access to these Websites,  pages, files and data or prohibit the Subscriber from all or part of the  WEDIDServices, without prejudice to common law actions that may be open to him.

 

 WEDID reserves the discretionary right to refuse without compensation access to its Services to persons communicating during registration information that it deems incompatible with a good organization and management of its Services.

 

3.2 – Registration of the Subscriber by an Intermediary

 

To have access to the   WEDIDSolutionand the Services, a Subscriber may be created an Account by an Intermediary. In this case, the Intermediary validates these General Terms and Conditions of Use in the name and on behalf of the Subscriber who has mandated it for this purpose.

 

4 – PURPOSE OFTHE  WEDIDSOLUTIONAND THE MAIN OFFER

 

4.1 – The   WEDIDSolution

 

Unless otherwise stipulated, the   WEDIDWebsiteis accessible anywhere, provided that the minimum technical conditions are met, in particular in terms of access to the Internet.

 

The Subscriber agrees to comply with any public order rules relating to the behaviour of Internet users applicable in the country from which he uses the   WEDIDWebsite.

 

At any time,  WEDID is entitled to modify or move the content of the   WEDIDWebsite.

 

4.2 – The Main Offer

 

4.2.1 – Use of the   WEDIDSolution

 

Once the Subscriber has registered either directly or via the mandate entrusted to an Intermediary, he then benefits from the   WEDIDSolution, its updates and the various Services.

However, it is specified that the Subscriber benefits from the   WEDIDSolution only under a simple user license granted by  WEDID, under the conditions set out in Article 11 hereof.

 

4.2.2 –Creation of the Website

 

The Main Offer allows the Subscriber to create his Website within the framework of purely technical services. Thus, the Subscriber will be solely responsible for the commercial, logistical, marketing and financial management of his Website.

 

As such,  WEDID cannot be held responsible for the efficiency, from a commercial point of view, of the Website, the Subscriber being solely responsible for the management of the latter. Thus  WEDID cannot be held responsible for the number of visits to the Website, its commercial profitability, or its adequacy to the needs of the Subscriber.

 

4.2.3 – Online Assistance and Support

 

Under the Main Offer,  WEDID offers the Subscriber online support from 9am to 8pm, 6 days a week (excluding Sundays and public holidays).

 

4.2.4 – Accommodation

 

 WEDID offers, as part of its Main Offer, that its Website be hosted on its own servers. As such,  WEDID will retain the quality of host of the Website and can in no way be considered as publisher of this Site.

 

4.2.5 – Domain name

 

The Subscriber must imperatively provide  WEDID with a dedicated domain name for the hosting and operation of its Website, and must not under any circumstances use a subdomain of   WEDID.  WEDID reserves the right to cut off the use of the subdomains of  WEDID 15 days after informing the Subscriber by simple email.

 

5 – PROVISION OF ADDITIONAL SERVICES

 

5.1 – Presentation

 

The various Additional Services offered by  WEDID consist in particular of:

– access to online applications;

– the provision of solutions for postal shipments of products ordered via their Website;

– the provision of online payment solutions;

– access to training and other coaching;

– the provision of various IT services;

– access to solutions for creating and sending communication campaigns;

– access to any other Service offered by  WEDID or by a Partner.

 

The detailed deion of each of these Additional Services is provided by  WEDID onthe  WEDIDWebsite, in the corresponding sections.

 

For the performance of these Additional Services,  WEDID may at any time call on a Partner or any other third party.

 

5.2 – Terms of booking

 

5.2.1 – Coaching and training services

 

Access to additional services such as training or online coaching, commits the subscriber to have to choose, upon receipt of the schedule sent via a link on his Main Email address, a training date according to availability.

Subject to making his request at least fifteen (15) days before the fixed date, the Subscriber may modify this date only once.

It is specified that any request for cancellation or modification made within a period less than fifteen (15) days before the date set for the service, will be to the fault of the Subscriber and will not give rise to any right to refund.

In the context of training for which the Subscriber claims OPCO financing, it remains the responsibility of the Subscriber to ensure the administrative and financial conditions required for the preparation of the file and the obtaining of financing and to verify the elements.  WEDID cannot be held responsible for the loss of funding for any reason whatsoever.

Access to services is linked to the payment of benefits before they begin. The Subscriber is prohibited from validating a subrogation of payment without the express authorization of the company  WEDID.

5.2.2 – Other types of Services without a fixed performance date

 

For Additional Services requiring the exchange of information with the Subscriber, such as the creation of a graphic charter, the creation of a personalized home page, or the implementation of a referencing, etc., the absence or undue delay (greater than 90 days from the order) in the provision by the Subscriber of the information necessary for the performance of the service will result,  after a single reminder, the cancellation to the fault of the Subscriber of this order without giving rise to the issuance of a credit note or any refund.

Services requiring the use of telephone access are accessible from the metropolitan territory by a fixed and non-premium rate number.

 

6 – RIGHT OF WITHDRAWAL

 

It is recalled that the right of withdrawal is not applicable in principle in relations between professionals.

As an exception to this principle and pursuant to Article L121-16-1 III. of the Consumer Code, known as the Hamon Law, this principle has been extended to professionals, under conditions:

1. The contract must be concluded off-premises – In a place which is not the place where the professional carries out his activity permanently or habitually, in the
simultaneous physical presence of the parties, including following a solicitation or offer made by the Subscriber;– Or in the place where the professional carries out his activity permanently or habitually or by means of a means of distance communication,  immediately after the Subscriber has been solicited personally and individually in a place different from that where the professional permanently or habitually carries out his activity and where the parties were, physically and simultaneously, present;

– Or during an excursion organized by the professional with the purpose or effect of promoting and selling goods or services to the Subscriber;

Limitation– exclusion of distance contracts

Professionals therefore do not have a right of withdrawal for distance contracts understood as contracts concluded without the simultaneous physical presence of the parties, by the exclusive use of one or more means of distance communication until the conclusion of the contract.

2. The subject matter of the contract must not fall within the scope of the trader's main activity.

3. The number of employees employed by the professional must be less than or equal to five.

When the three aforementioned conditions are met, the company, like any consumer, may withdraw within 14 days of the conclusion of the contract.

 WEDID draws the attention of Subscribers to the fact that it does not mandate any Intermediary in any way whatsoever for the purpose of soliciting potential customers or concluding Subion Contracts.

Consequently, none of the Subion Contracts concluded through the Intermediaries can be considered as a so-called "off-premises" contract, offering the exercise of a right of withdrawal.

 

7 – SUBSCRIPTION PERIOD

 

7.1 – Services without commitment of duration

 

The Subscriber has access to the   WEDIDSolution and the Services thanks to a subion corresponding to the validation of a Tariff Plan.

This subion is concluded for a period of one (1) month from the Date of Registration. It is tacitly renewable for each monthly period.

The Subscriber may decide each month to no longer subscribe to these Services without commitment that he used the previous month. All he has to do is unsubscribe using the administration tool provided by  WEDID from the Website.

The unsubion will be deemed active at the end of the committed period.

 

7.2 – Services with a term commitment

 

In the event that the subscriber has subscribed to a commitment, termination before the end of this minimum period entails the obligation to pay all the remaining monthly payments.

The commitment is renewable by tacit agreement for periods of 1 (one) month at the list rate.

The subscriber may decide at any time to release himself from the tacit renewal of his commitment by using the administration tool provided which allows him to unsubscribe before the end of his commitment period or by sending an email tosupport@  WEDID.com.

The subscriber is free to change each month his Tariff Plan provided that he does so at least one working day before the expiry date via his administration tool and this without modification of this date provided that the technical and functional conditions used before the change are transferable as they are to the new desired tariff plan.

For any question relating to the impact of a change of tariff plan, the Subscriber is invited to contact the support service or the commercial department of  WEDID.

 

If the Subscriber subscribes during the performance of a service involving a minimum subion period, this new minimum period replaces the one that was in progress except in the case where it is of a shorter duration than that which was in progress.

 

7.3 – Advance purchases of credits

 

If the Subscriber purchases in advance several months of subion corresponding to different Services, these are not refundable and the Subion Agreement is then concluded for the period covering all the prepaid Services.

No sum will be due by  WEDID in the event of early termination of its Subion Agreement by the Subscriber. In particular, no purchase of prepaid services or deposit paid can give right to refund.

 

7.4 – Dormancy of the Website

 

If the Subscriber decides, at the end of the commitment period, to oppose the tacit renewal of his commitment, and to no longer subscribe to a Tariff Plan, his Website is put on hold for a period of twelve (12) months under the conditions of Article 15.2 below to allow him to reconsider his decision.

During dormancy, the Website is not accessible to the Subscriber, its customers or search engines.

 

8 – FINANCIAL CONDITIONS

 

8.1 – Prices

 

The prices of the Services offered by  WEDID are available on the   WEDIDWebsite. As these Services are reserved for professionals, they are expressed excluding taxes.

 WEDID reserves the right to revise its rates at any time. In this case, the subscriber is informed by any means at least two (2) months before the entry into force of the new tariffs. If the Subscriber refuses the increase in the rates applied, he may terminate his subion at the end of each monthly period during the four (4) months following the entry into force of the new rates. Such early termination may be effected even before the expiration of the minimum subion period, without any fees, indemnity or refund of any kind.

 

8.2 – Form of Tariffs

 

Access to the Services is made:

– by paying a subion for the Main Offer,

– by the payment of a fixed sum for the Additional Services.

 

 

8.2.1 – Subion

 

The price of the subion to the Main Offer depends on the Tariff Plan chosen by the Subscriber directly from his Account or under accompaniment.

The amount of this Pricing Plan is set according to three elements: the number of pages of the Website, the number of references sold, and finally the storage capacity chosen.

In the event that the Subscriber exceeds the limits set by his Tariff Plan concerning these three elements, the Subscriber will be debited from the said sums, detailed on page two of his subion billing, depending on the content of this trip.

 

8.2.2 – Payment of sums for Supplementary Services

 

The amount of the Additional Services will depend on the options chosen and choices made by the Subscriber directly from his Account. Its final payment will follow point 7.3 hereof.

 

8.3 – Invoicing

 

The signing of the Subion Agreement by the Subscriber entails the immediate payment of the amounts due for the Services subscribed and, where applicable, the additional consumption used by the Subscriber in the event of exceedance.

Payment is made by direct debit directly from the Website through the means of payment authorized by the subscriber (SEPA direct debit, credit card).

In the event that a means of payment other than that allowed online has been accepted for the payment of services,  WEDID reserves the right, in the absence of payment on the due date, to proceed to the debit of the sums due, which the Subscriber accepts ipso jure.

Billing is monthly and takes effect follows the anniversary date of subion activation.

The subion is payable in advance for all services and subions with the exception of additional consumption used, which are payable at the end of the month.

Invoices are sent by email, on the date of publication, to the Main Email address and recoverable, in PDF format and without limit of use, from the Website. Any request for duplicates will therefore be considered as an additional service and will be charged € 7.50 per act.

In the event that an invoice is not paid within the agreed deadlines, whether it is the Subion taken out under the Main Offer or Additional Services ordered by the Subscriber via his Account,  WEDIDreserves the right to suspend the Subscriber's access to its Website by putting it on hold until full recovery of the sums due by the Subscriber.

 

8.4 – Payment incidents

 

In case of delay in payment,  WEDID will automatically invoice the Subscriber late penalties calculated at the legal rate in force. These late penalties will be calculated as follows:

Late penalties = (amount including VAT of the invoice * LEGAL RATE APPLICABLE FOR THE SEMESTER) * (number of days late in the semester / 365).

In accordance with the provisions of the Commercial Code, the Applicable Legal Rate means the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points.

Late payment penalties are payable the day following the settlement date without the need for a reminder.

The Subscriber in a situation of late payment is automatically debtor, towards  WEDID, of a lump sum compensation for recovery costs in the amount of forty (40) euros.

 WEDID may also decide to apply as a penalty clause, in accordance with the provisions of Article 1231-5 of the Civil Code, an increase of an amount equal to 20% of the outstanding T.T.C. principal, increased by the cost of legal and recovery costs incurred, without prejudice to the prosecution, suspension or termination of the current Contract.

In case of rejection by the banking institutions concerned of the means of payment used by a Subscriber, a rejection fee of fifteen (15) euros will be automatically charged to the Subscriber. In addition, the means of payment that gave rise to the rejection will in future no longer be authorized by  WEDID for subsequent payments, and the Subscriber must choose another means of payment.

Where payment terms are agreed, such as payment in instalments, failure to pay a single payment term renders the entire claim payable. It entails, without payment of compensation of any kind whatsoever, the immediate suspension of current benefits.

If the payment incident is consecutive to an abusive opposition made by the subscriber on the bank card or SEPA mandate that he has entered on the  WEDID Website to  allow payment for the services to which he has subscribed, the company WEDID reserves the right to take legal action to claim,  in addition to the principal, compensation for the compensation of the damage suffered.

 

8.5 – Security deposits, advances

 

In the event of a payment incident and/or deterioration in the Subscriber's solvency, and/or uncertainty as to his ability to meet his commitments,  WEDID reserves the right to request stricter payment conditions – such as a deposit or advance payment for all or part of the Services and/or to require additional guarantees from the Subscriber.

This is particularly the case for any consumption of Additional Services whose amounts are likely to exceed twice the amount of the Tariff Plan paid the previous month or, in the case of a new subion, the Minimum Tariff Plan.

In case of refusal by the Subscriber to implement these provisions,  WEDID will have, without payment to the Subscriber compensation of any nature whatsoever, the right to immediately interrupt the performance of current and / or future services.

 

8.6 – Consequences of payment incidents

 

When  WEDID finds that it cannot recover the sums corresponding to any of the Services ordered, the Subscriber's Website is put on hold until the dispute is settled.

 

9 – OBLIGATIONS OF THE SUBSCRIBER

 

In general, the Subscriber undertakes to use the   WEDIDSolution and the Services in accordance with all the stipulations of the Subion Agreement.

The Subscriber thus undertakes not to infringe, in any way whatsoever, the security and integrity of the   WEDIDSolution, aswell as the   WEDIDWebsite,nor to attempt to reproduce, or extract, by any means, all or part.

The Subscriber also undertakes to comply with all legal provisions in force.

 

9.1 – Provision of Content by the Subscriber

 

The Subscriber is responsible for the Content it makes available to the public on its Website through the Services.

For all intents and purposes, it is specified that the Subscriber remains the sole publisher of the Content he publishes.  WEDID can in no way be considered as publisher of the Websites created by its Subscribers by means of its Services.

When disseminating Content, the Subscriber undertakes to comply with all applicable legal and regulatory provisions.

As such, the Subscriber undertakes in particular not to disseminate Content, whatever its nature or form:

– which may constitute an apology for crimes against humanity or war crimes, apology of Nazism, apology of crimes or offences, contestation of the existence of crimes against humanity or recognized genocides, violation of the dignity of the human person;

– violent or pornographic, paedophile or likely to harm minors;

– contrary to public order or morality;

– defamatory or abusive, outrageous, misleading or slanderous towards third parties, natural or legal persons;

– constituting an act of counterfeiting, unfair competition or parasitism;

– racist, xenophobic, negationist or damaging the honour or reputation of others, inciting discrimination, hatred or violence against a person or group of persons on grounds of their origin, sex, family status, physical appearance, surname or state of health,  their disability, genetic characteristics, morals, real or supposed sexual orientation, age, political opinions, trade union activities, true or supposed membership of a particular ethnic group, nation, race or religion;

– infringing the privacy, intimacy of private life or image rights of individuals;

– containing viruses, worms, Trojan horses, any file or computer program likely to interrupt, destroy or limit the functionality of any computer or computer network directly or indirectly related to the activities of  WEDID ;

– threatening a person or a group of people;

– incitement to commit a crime, a crime or an act of terrorism;

– in breach of the secrecy of correspondence; or

– allowing a third party to obtain directly or indirectly pirated software, software allowing acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs and in general any software or other tool allowing to infringe the rights of others and the safety of persons and property.

The Subscriber also undertakes not to create hypertext links with sites that do not respect these same principles.

In addition, with regard to product presentation and e-commerce websites, the Subscriber undertakes to:

– not to promote or market products whose marketing is prohibited, and in particular certain animal species and animal parts, certain firearms and explosives, certain classified cultural goods, goods subject to embargo, stolen and concealed goods, credit cards, identity documents issued by the State (cards, passport), certain lottery tickets,  certain tickets or contracts (resale of duty-free travel), illegal decoders, drugs and related objects, surveillance equipment prohibited by law, counterfeit coins and stamps, financial instruments (shares, bonds, securities and other certificates), franking machines, prohibited or regulated goods, equipment for opening locks,  regulated medicines, organs and products of the human body, dangerous and illicit substances, tobacco and related products;

– carefully read the contracts, regulations and conditions of sale relating to each product as they may restrict the Subscriber's right to sell this item on his Website; or

– verify that the marketing of these products is not restricted by the administration.

Any breach of these obligations constitutes grounds for suspension, termination of the Subion Agreement or withdrawal of the Content by  WEDID under the conditions of Articles 13 and 14 hereof.

 

9.2 – Email accounts used by the Subscriber

 

9.2.1 – Provision of the Main Email Address

 

When registering, the Subscriber communicates to  WEDID the email address he wishes to use as part of his Subion. This email address is the Subscriber's Primary Email Address.  WEDID communicates with the Subscriber on this address.

If the Subscriber wishes to change his Main Email Address, he must inform  WEDID without delay and make the corresponding changes himself on his personal information pages.

The Subscriber therefore undertakes to regularly consult the messages sent by  WEDID to this address. Any communication made by WEDIDto the Subscriber at the Main Email Address is deemed to have been received and read by the Subscriber.

 WEDID uses this mailbox to send two types of mail:

– letters containing technical information. Given the essential nature of the   WEDID/Subscriber relations –accepted by the Subscriber – of these letters, it is impossible to unsubscribe from them; and

– commercial information letters (evolution of the software, new services, etc.). For this last type of mail, the Subscriber is free to unsubscribe at any time by the link provided for this purpose in all mails sent.

 

9.2.2 –   WEDIDEmail Account

 

At the request of the Subscriber, WEDID may assign one or more mailboxes to the Subscriber according to the services subscribed to (the "  WEDIDE-mail Accounts "). This mailbox service allows the Subscriber to enter, consult and transmit computerized documents or electronic messages.

The Subscriber undertakes, in the use of this (s) Email   WEDIDAccount(s), to comply withall laws, regulations or rules that could prevent, limit or regulate the dissemination of information or data, and without this being exhaustive, to comply with the Law "Informatique, fichiers et libertés" of 6 January 1978 as amended, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as GDPR), codes of conduct and Netiquette, SNCD (Syndicat National de la Communication Directe / www.sncd.org), FEVAD (Federation of Distance Selling Companies / www.fevad.com) and Internet Service Providers,  the protection of privacy, respect for property rights. It is specified that this obligation is extended to compliance with the standards in force in each country targeted by the Subscriber's email campaign.

As such, the Subscriber:

– guarantees  WEDIDthat the recipients of the email files used for the mailings, have given their consent to receive the messages (opt-in email file) or at the very least, that the Subscriber acts within the framework of an exception provided for by the legislation in force and in particular the law called "Informatique et Libertés" of 6 January 1978 as amended and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as GDPR) It is specified that these obligations are applicable to any Subscriber directing his action towards a user located within the European Union.

– guarantees   WEDIDthat each email message sent will include a right of opposition to receive further communications and that any request will be processed by a definitive unsubion.

– guarantees  WEDID that all the rights of individuals provided for by the Data Protection Act of 6 January 1978 as amended and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data,  and repealing Directive 95/46/EC (General Data Protection Regulation known as GDPR) will be provided by the Subscriber.

– is prohibited from using his   WEDIDEmail Account for false or unsolicited advertising, such as spam, or for purposes contrary to the rules of the art and Internet Service Providers without this list being exhaustive.

– is prohibited from using his   WEDIDEmail Account for illicit purposes. The Subscriber is duly informed that he is prohibited from transmitting and/or storing and/or disseminating data of a pornographic, paedophile, hateful and/or racist nature or inciting hatred or discrimination.

Any abuse in the use of   WEDIDE-mail Accounts will be considered a violation of the General Terms and Conditions of Use that may result in the termination of the Subion Agreement.

 

9.3 – Use of the Services

 

The Subscriber must ensure that his collaborators and employees use the  WEDID Services in  accordance with the instructions provided by  WEDID herein.   WEDID cannot compensate for a lack of training of the Subscriber or his collaborators if it appears that the Subscriber does not have the skills required to use the Services.

The subscriber must notify without delay and in detail any problems encountered in the operation of the Services.

He remains responsible for the manipulations carried out on his workstation, even under the guidance of a technician WEDID.

 

9.4 – Non-abusive use of server resources

 

The  WEDIDServices are subject to non-abusive use of the resources made available. The following are considered abusive, in particular:

– the visit of the Website by more than 1,000 customers per minute;

– access to online support or telephone support in proportions exceeding by a factor of 5 the average of WEDIDusers over the previous monthly period;

– the use of the Site for diverted purposes, in particular the pooling of services and their retail resale;

– use disrupting or degrading the WEDIDinfrastructure ;

– Commission on truncated turnover as a result of the misuse of order management;

– Web Services calls limited to 5,000,000/month;

– Disk space limited to 50GB;

– Number of products limited to 500,000.

 

9.5 – RGDP

 

As a result of Article 9.1, as data controller of its website, the Subscriber ensures its compliance with its obligations via the General Data Protection Regulation (GDPR) and with regard to its customers.

One of the obligations related to the new European regulation on the protection of personal data, which entered into force in May 2018, concerns the keeping of a register of processing operations listing all the processing carried out.  WEDID offers this basic functionality from the client menu of the administration tool.

 

10 –   WEDID'S COMMITMENTS

 

10.1 – Continuity of Services

 

 WEDID undertakes to make every effort to ensure the continuity of the Services to Subscribers, subject to Articles 9.3, 12, 13 and 14 hereof.

In any case,  WEDID is only bound to the Subscriber by an obligation of means and can not be held responsible for any delay in the execution of the Services. In addition, the responsibility of WEDID can not be engaged in case of inconsiderate application or lack of application of the advice of use provided as part of the online and telephone assistance or advice not emanating from  WEDID.

 WEDID cannot be held responsible for the quality of its Partners' services insofar as the Subscriber has freely contracted this service with the Partner.

In case of unavailability, due to WEDID :

– for a total period of less than 3% of the monthly period, no financial compensation is due;

– For a total period between 3% and 6% of the monthly period, the subion period will be shifted in proportion to the period of unavailability;

– For a period greater than 6% of the monthly period, the customer will be credited with one month of the Tariff Plan service in force on his Website

Excluded from these compensations are Subscribers whose Website is the object of misuse of the WEDIDplatform.

 

10.2 – Connecting Subscribers with Partners and Internet Expertise Centers

 

 WEDID offers its Subscribers the intervention of third-party Partners and Internet Expertise Centers among its network of qualified professionals.

The Subscriber remains free to contract or not with the Partner or Internet Expertise Center concerned.

In any case, if the Subscriber and the Partner or the Internet Expertise Center enter into a contractual relationship for the performance of Services,  WEDID must be considered as a third party to this contractual relationship, the latter exercising no control over the provision of his Partner on which he exercises no relationship of subordination.

 

10.3 – Accommodation services

 

The Website created by the Subscriber is hosted on the servers of  WEDID. In this respect, WEDID will have the status of host within the meaning of Article 6 I 2) of the law of 21 June 2004 on confidence in the digital economy.

These servers are accessible 24 hours a day, 7 days a week subject to the application of the provisions of this article and articles 12, 13 and 14 of these General Terms and Conditions of Use.

 WEDID reserves the right to interrupt at any time, partially or totally, access to the  WEDIDSolution, the Services, andif necessary the Subscriber's Website, without its liability being incurred and without any refund being made in this respect:

– in the event of failure of the computer systems, software and hardware of its servers;

– in the event of a massive attack on the system by third parties, such as a denial of service attack or any other existing or future technique;

– in the event of a computer attack against a particular Website;

– for reasons of maintenance and/or improvement, and in particular to modify the characteristics of the technical infrastructures and its suppliers.

The Subscriber expressly accepts that a mention indicating that  WEDID is the host of its Website is  placed on its Website, so that  WEDID is able to comply with the obligations to which it is subject as a Website host, in particular under the law of 21 June 2004 on confidence in the digital economy. The Subscriber undertakes to ensure that this mention is always visible to Internet users and not to hide it by any means / technique whatsoever.

 

10.4 – Notification procedure

 

If Internet users notice illegal Content and wish to obtain its removal, they are encouraged to alert WEDID either by registered mail with acknowledgment of receipt, according to the forms prescribed by Article 6 I 5) of the of 21 June 2004, or by using the form available on thecontactpage and completing all the necessary information such as:

 

– the date of notification;

 

– his surname, first name, profession, domicile, nationality, date and place of birth if it is a natural person;

 

– its corporate form, name, registered office and registration number (SIRET or equivalent) if it is a legal person;

 

– a deion of the facts at issue and their precise location;

 

– the reasons why the content should be removed, including legal and factual grounds;

 

– a copy of the communication sent to the author or publisher of the disputed content requesting its removal, modification or interruption, or evidence showing that it was not possible to attach it.

 

Upon receipt of such notification, WEDID,in its capacity as host, undertakes to promptly remove any manifestly illegal content as soon as it becomes aware of it.

 

 WEDID may also ask the Subscriber who made this Content available to provide any element to justify the lawfulness of this provision.

 

If  WEDID  receives a notification noting content constituting offences of apology for crimes and offences, crimes against humanity, incitement to racial hatred or relating to child pornography, WEDID will inform the competent authorities. Only the Subscriber is responsible for the Content published as well as its nature and quality.

 

 WEDID can therefore not be held liable for damages resulting from the dissemination of the Content and non-performance or poor performance by the Subscriber of the obligations incumbent on him under these General Terms and Conditions of Use.

 

The fact that a user presents to WEDID Content as illegal in order to obtain its removal while he knows this inaccurate information may engage his responsibility.

 

10.5 – Telephone support services

 

As part of the telephone assistance, ABDELJALIL OUTCHAKOUCHT  SAGHIR will endeavor, within the framework of an obligation of means, to answer as soon as possible, the questions of the Subscriber related to the use of the Services provided by WEDID to the exclusion of Services provided by third parties.

The number of telephone calls is not limited, but the absence of a theoretical limit cannot be transformed into abusive and misuse of the Service. In no way,  WEDID can compensate for a lack of training of the customer if it appears that the customer does not have the skills required to use the platform.

Only the   WEDIDAccount holder is authorized to contact telephone support.

Telephone support is provided by qualified technical staff. The hours of intervention are from Monday to Friday inclusive from 9:00 to 18:00, except for public holidays.  WEDID reserves the right to modify its schedules and will notify the Subscriber by any means at its convenience of the new time slots.

 

11 – INTELLECTUAL PROPERTY

 

11.1 – Ownership

 

11.1.1 – Solution   WEDID

 

 WEDID retains full ownership of the  WEDIDSolution made available to the Subscriber for the creation of the Website and grants the latter, in return for the financial terms set out in the Special Conditions, a non-exclusive and non-transferable license to use this technology for the whole world and for the duration of the Subion Agreement.

This user license authorizes the Subscriber to use the   WEDIDSolution to create his Website for his personal use only. This license is non-exclusive, non-transferable and non-transferable. The Subscriber is therefore prohibited from sub-licensing third parties or commercially exploiting the   WEDIDSolution under penalty of legal action. The Subscriber is prohibited in any case from extracting, reproducing, or infringing, in any way whatsoever, the
  WEDIDSolution.

 

11.1.2 – Internet sites the   WEDID

 

The website www.   WEDID.com, aswell as all content sites blogs, forums, online help, and their local variations (. FR, IT, ES, CO.UK, etc.), edited by  WEDID, are the exclusive property of  WEDID.

All elements protected by intellectual property rights made available to the Subscriber as part of these websites remain the exclusive property of  WEDID.

 WEDID Subscribers  acknowledge and accept that these websites published by WEDIDand their contents – including, without this list being exhaustive, texts, software, music, sounds, photographs, videos, drawings or other materials contained in the advertisements and commercial information produced and presented by the sites – may be protected by property rights.  intellectual (trademarks, copyrights, designs and models or patents). Subscribers, Internet Expertise Centers, Partners, are not authorized to copy, use, reproduce, distribute all or part of these sites and / or their contents or create derivative works from all or part of these sites and / or their contents without having obtained the express agreement of WEDID.

 

11.1.3 – Subscriber's website

 

By express agreement and in return for the financial conditions agreed hereunder,  WEDID grants the Subscriber an exclusive, non-transferable  and non-transferable license to the deliverables made by WEDID on order of the Subscriber for the personalization of its Website.

This license includes the right of reproduction and representation, the right of adaptation, arrangement, translation to the exclusion of any right of commercial exploitation.

This license is granted for the duration of the intellectual property rights in the deliverables and for the whole world.

 

11.1.4 – Content

 

In addition,  WEDID may not claim any property rights relating to all Content provided by the Subscriber, or published by third parties to the Subion Agreement, on the Website.

The Subscriber guarantees to be the owner of the intellectual property rights or authorizations necessary for the use of the Content of his Website. As such, it guarantees ABDELJALIL OUTCHAKOUCHT  SAGHIR against any recourse by third parties relating to the ownership of these Contents as well as any direct or indirect damage suffered by  WEDID as a result. Under no circumstances can WEDID be held liable for the Content disseminated by the Subscriber.

In the event of a breach by the Subscriber of this article,  WEDID will be able to proceed with the withdrawal of the disputed content, the closure of the Website concerned as well as the termination of the Subion Agreement under the conditions described herein.

 

11.2 – Eviction guarantee

 

The Subscriber guarantees WEDID against any action in the event of a dispute relating to the Contents of its Website.

The Subscriber explicitly authorizes WEDID to implement, at the expense of the Subscriber, proportionate means to defend against any legal action.

If the implication of WEDID  is made by email or telephone, WEDID will communicate to the Subscriber, through the support system, the elements that are the subject of the dispute. The Subscriber undertakes to take all measures to restore the situation and to respond to the applicant within 7 days, by registered letter, of which he will provide a copy to
 WEDID.

If the implication of ABDELJALIL OUTCHAKOUCHT  SAGHIR is made by letter, registered letter, fax or other document from a lawyer, a legal body or a representative of justice, WEDID will immediately transfer the management of the dispute to its defenders and will proceed to the invoicing, to the Subscriber concerned, in installments of 500 € HT, provisions covering on a day-to-day basis the sums incurred to ensure its defense.

 

11.3 – Costs of responding to requests from administrative services

 

The Subscriber undertakes to pay the sum of 300 € HT for each request for information from government services such as the DGCCRF, the tax and customs services, the CNIL and any other public body having the right to ask  WEDID to gather information on the operation of its Website.

This amount will be invoiced by WEDID  14 days after the delivery by  WEDID of the requested elements.   WEDID may provide the Subscriber with proof of the administration's request but not the details of its content, which remains confidential.

 

11.4 – Use of Subscribers' references and information

 

The acceptance of these General Conditions of Use implies authorization of the Subscriber to see WEDID use his contact details, including the address of his Website – to which he may be referred by hypertext link – as commercial references.

Likewise, the Subscriber accepts that WEDID may use these references as part of the "Testimonials" section of the   WEDIDWebsite.

The Subscriber expressly authorizes WEDID to reproduce its logo or any other element of its Website protected by intellectual property rights in this context.

The conditions of use of the contact details and elements of the Subscriber's Website as part of the "Testimonials" section may be specified in writing if the Subscriber expressly requests it to  WEDID.

The Subscriber has the right to refuse this use by expressing his refusal in writing to  WEDID.

 

12 – PROTECTION OF PERSONAL DATA

 

12.1 – Data collected

 

To use the   WEDIDWebsite and the Services it offers, Subscribers and Users are required to provide  WEDID with personal information concerning them.

In particular, Subscribers and Users must provide the data required during the registration procedure in the mandatory fields to benefit from the Services.

In the absence of a response, registration for the proposed Service cannot be made.

 

12.2 – Purposes

 

The data provided when registering for the   WEDIDWebsite and using the Services will be processed for the following purposes:

– access to the Services;

– sending newsletters from WEDID ;

– the establishment of invoices;

– the production of statistics on the use of the   WEDIDWebsite ;

– improving marketing and promotional efforts as well as the contents and offers of the   WEDIDWebsite ;

– the receipt of personalized offers.

 

12.3 – Recipients of the processing

 

The data is intended for the staff of WEDID for the management of the   WEDIDWebsite and Services. Some data may be accessible to Internet users and may be transferred to commercial companies for commercial prospecting purposes in an anonymous form.

However, some information, such as password, credit card number, bank account number is not communicated to these companies, even in compiled form.

Due to special circumstances, WEDID may be required to disclose the data, when they are required by the judicial and / or administrative authorities.

 

12.4 – Data retention

 

The Subscriber's data are kept confidential by  WEDID for the purposes of the contract, its execution and in compliance with the law.

The data are kept by WEDID for the period strictly necessary to achieve the purposes referred to above. Beyond this period, they will be kept for exclusively statistical purposes and will not give rise to any exploitation.

 WEDID also has the obligation to keep the data allowing the identification of users making illegal content available for the purpose of transmitting this data to the competent authorities on judicial requisition to the exclusion of any other third party, under the conditions provided for by law.

 

12.5 – Data transfer

 

As part of the normal course of its activities,  WEDID collects and processes information about Subscribers and Users in Spain and around the world. It is possible that some information is hosted by a technical service provider located inSpain or in any other country of the world, the role of the latter being strictly limited to a technical service of storage of information. The entire policy related to data transfer processing implemented by WEDID is detailed in the data protection policy available from the following link:https://www.  WEDID.com/privacy-and-cookies-policy/.

12.6 – Rights of Subscribers and Users

 

In accordance with Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data,  and repealing Directive 95/46/EC (General Data Protection Regulation known as GDPR),  WEDID ensures the implementation of the rights of data subjects

It is recalled that the Subscriber and the User whose personal data are processed has the rights of access, rectification, updating, portability and deletion of information concerning him, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15,  16 and 17 of the European General Regulation on the Protection of Persons (GDPR).

Thus, Subscribers and Users may demand that data concerning them that is inaccurate, incomplete, ambiguous or outdated be rectified, completed, clarified, updated or deleted.

In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the GDPR, the Subscriber or User may also, for legitimate reasons, oppose the processing of data concerning him, without reason and without charge.

If they wish to consult the data provided to WEDID, cancel their subion to all or part of the Services, thenewsletter or any other service, or exercise their rights, they may either (i) consult and/or make the necessary changes to the data in its personal information pages, or (ii) send this request by registered letter with acknowledgment of receipt to the following address:   WEDID Customer Service , or by email tosupport@  WEDID.com.

It is specified that the Subscriber or User must be able to prove his identity, either by scanning an identity document or by sending  WEDID a photocopy of his identity document.

The entire policy related to the processing of personal data implemented by  WEDID is detailed in thePrivacyPolicy and theData Protection Policy.

 

12.7 – Cookies

 

The use of cookies facilitates the management of the   WEDIDWebsite, as itmakes it possible to recognize the IP address of Internet users, to carry out statistical studies and to measure an audience share, in order to offer a service that is as personalized as possible.

Subscribers and Users who wish to register on the   WEDIDWebsite and benefit from the Services consent to Cookies as detailed in thePrivacy Policybeing placed by default on their terminal.

The use of cookies is very common on the Internet. Nevertheless, it is possible to oppose their insertion by configuring the preferences of the computer's browser so as to no longer accept cookies. If the Subscriber or User chooses not to accept cookies on his browser, he will not be able to benefit from the Services in their entirety, registration being necessary for any use.

The information stored in your terminal (cookies) or any other element used to identify the Subscriber or User for audience statistics purposes is not kept beyond a period of thirteen (13) months.

 

12.8 – Security

 

 WEDID undertakes to implement all technical and organizational measures to ensure the security of our processing of personal data and the confidentiality of your data, in application of the Data Protection Act and the European Data Protection Regulation (GDPR) and Law No. 2018-133 of 26 February 2018 "containing various provisions for adaptation to European Union law in the field of security".

 

As such,  WEDID takes the necessary precautions, with regard to the nature of your data and the risks presented by our processing, to preserve the security of the data and, in particular, to prevent them from being distorted, damaged, or that unauthorized third parties have access to them (physical protection of the premises, authentication process of our customers with personal and secure access via confidential identifiers and passwords,  logging connections, encryption of certain data...).

 

12.9 – Subcontracting

 

In addition, with regard to the operation by the Subscriber of his Website, it is recalled that WEDID will have the status of subcontractor within the meaning of Article 28 of the European Data Protection Regulation (GDPR).

As such,  WEDID undertakes to:

– take all necessary precautions with regard to the nature of the data and the risks presented by the processing to preserve the security of the Subscriber's data and Content and in particular to prevent any distortion, damage, loss and/or access by third parties not previously authorized, and to present sufficient guarantees as to the implementation of appropriate technical and organizational measures,  in such a way that the processing meets the requirements of the GDPR and ensures the protection of the rights of the individual.

– not to process, consult the data and content for purposes other than the performance of the services provided hereunder;

– process, consult the data and Content of the Subscriber only within the framework of the instructions and authorization of the latter,

– not to insert foreign data into the Subscriber's databases,

– take any measure to prevent any misuse, malicious or fraudulent use of the Subscriber's data and Content.

 WEDID may have to use a subcontractor then called "subcontractor" to perform certain specific processing activities. The entire policy related to these stakeholders selected by  WEDID is detailed in theData Protection Agreement.

 

13 –GUARANTEES AND LIABILITY OF   WEDID

 

 WEDID is in no way responsible for the Content it hosts via the Subscribers' Websites.

It is recalled that WEDID has no control, in any form whatsoever, over the nature and characteristics of the data that may transit or be stored through its Services. As such,  WEDID cannot be held responsible:

– the content of the Subscriber's messages sent through the  WEDIDServices ;

– damage resulting from the loss, alteration or fraudulent access to data stored and/or hosted by WEDID.

For all intents and purposes, it is specified that  WEDID is not publisher of the Subscribers' Websites, its responsibility can not be engaged in any way in this respect.

In addition,  WEDID can in no way be held liable for any damage, of any nature whatsoever, resulting directly or indirectly from any service provided by one of its Partners in accordance with the provisions of Article 10.2 hereof.

The responsibility of WEDID can in no way be engaged for any indirect damage such as, in particular, the loss of income, customers, data, any financial or commercial loss, any commercial disturbance, any loss of profit or any immaterial prejudice.

In any event and whatever the basis of  WEDID's liability, including under Law No. 98-389 of 19 May 1998, damages and any compensation owed by WEDIDto the Customer for all causes may not exceed the sums paid by the Customer for the Service subscribed in the year in which the incident occurred.

The responsibility of WEDID can in no way be sought because of the elements and contents available on other sites or Internet sources accessible by means of hypertext links inserted on the Website (and in particular because of advertisements, products, services or any other information).

In accordance with the provisions of articles 10.3 and 14,  WEDID reserves the right to withdraw or suspend access to any Content following receipt of a notification from a Subscriber or a third party, or if it has effective knowledge of the manifestly illegal nature of the Content. The responsibility of WEDID can in no way be sought because of this withdrawal or suspension.

 WEDID is not able to guarantee to Subscribers that no error will appear during the use of the Website.  WEDID does not guarantee that the results, information and services obtained are free from any error or defect.

 WEDID is also dependent on the quality of the Internet network. Consequently, WEDIDdoes not guarantee the reliability of the Services and does not ensure the correction of defects found on the Internet. Thus, WEDID cannot be held responsible for difficulties in disseminating Content or, more generally, for any disruption of the Internet network affecting the use of the Service.  WEDID makes no guarantee as to the conditions of dissemination, the quality of dissemination, transmission and accessibility of the Content.

It is expressly agreed between the parties and accepted by the Subscriber that the stipulations of this clause will continue to apply even in the event of resolution hereof established by a court decision that has become final.

These provisions establish a distribution of risks between  WEDID and the Subscriber. The price reflects this distribution as well as the limitation of liability described.

 

14–CONSEQUENCES OF THE END OF THE CONTRACT

 

If  WEDID  is informed under the conditions of Article 10.4 that the Content disseminated by the Subscriber does not comply with the provisions of the General Conditions of Use,  WEDID may proceed to the immediate removal of the allegedly illegal Content.

 WEDID may also prohibit the Subscriber's access to all or part of the Services or suspend at any time and without compensation the Subscriber's Account for the period it deems appropriate.

As far as possible, WEDID will inform the Subscriber concerned of the withdrawal of the Content or the suspension of his Account and the reasons that motivated this withdrawal or suspension.

 

15–TERMINATION AND DORMANCY

 

15.1 –Termination

 

 WEDID may decide to automatically suspend the Subion and access to the Services, without compensation for the benefit of the Subscriber, in the following cases:

– In case of disloyalty noted by WEDID, and if there is urgency to put an end to the actions concerned;

– When the actions of the Subscriber endanger, in any way whatsoever, the operation of the WEDIDSolution and its technology:

– When Content of any nature whatsoever, refers to an operation prohibited according to the legislation, regulations or rules of the art in force in the country concerned

– When the Subscriber does not comply with these General Terms and Conditions of Use

In the aforementioned cases, the Subion Contract may be terminated by  WEDID at any time after formal notice by registered letter with acknowledgment of receipt remained unsuccessful at the end of a period of ten (10) days, without the Subscriber being able to claim any compensation.

 

15.2 –Dormancy

 

When the Subscriber decides to voluntarily unsubscribe from all the Services to which he had subscribed and/or when the Subion Agreement is terminated under the conditions of Article 14.1 hereof,  WEDID may proceed to the Dormancy of the Subscriber's Website(s) concerned for a period of twelve (12) months before the definitive destruction of the data relating to this Website.

 

15.3 –Exit of the Website and its data at the end of the Dormancy

 

At the end of the twelve (12) months of Dormancy, and unless a new Subion Agreement is concluded in compliance with all the obligations stipulated herein, the Website and all of its elements will be definitively destroyed by  WEDID.

 

16 –DATA RESTITUTION AND MIGRATION

 

The Subscriber has the option directly from his Account to extract all of his data, Deliverables and other Content in a standardized format that can be used.

In the event that a Subscriber wishes the assistance of  WEDID for the migration of his Website from servers  other than those of  WEDID,either after the redemption of his Website by a third party, or for any other reason, the Subscriber must make the request to  WEDID  which, upon prior quotation, may migrate the data from the Website to the new servers designated by the Subscriber.

 

17 –MISCELLANEOUS

 

17.1 – Force majeure

 

The responsibility of   WEDID can not be implemented if the non-performance or delay in the execution of one of its obligations described in these General Conditions of Use results from a case of force majeure.

Force majeure exists in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing its obligation.

If the impediment is temporary, performance of the obligation shall be suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

As such, the responsibility of   WEDID  can not be engaged in particular in case of attack of hackers, unavailability of equipment, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as in case of occurrence of any circumstance or event beyond the control of  WEDID  occurring after the conclusion of the General Terms and Conditions of Use and preventing performance under normal conditions.

It is specified that, in such a situation, the Subscriber may not claim the payment of any compensation and may not bring any recourse against  WEDID.

In the event of one of the aforementioned events,  WEDID will endeavor to inform the Subscriber as soon as possible.

 

 

17.2 –Partial invalidity

 

Should for any reason whatsoever all or part of one of the above provisions be repealed, the remaining provisions shall nevertheless remain in full force and effect.

The fact that one of the Parties has not required the application of any clause of these General Terms and Conditions of Use, whether permanently or temporarily, can in no way be considered as a waiver of said clause.

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of these, the titles will be declared non-existent.

If any of the stipulations of these General Terms and Conditions of Use were to be null and void with regard to a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it will be deemed unwritten but will not affect the validity of the other clauses which will remain fully applicable.

 

17.3 –Dependence of the parties

 

The parties remain independent of each other. Nothing in the Terms of Use creates a partnership agreement, mandate or representation or a relationship of subordination between the parties.

 

17.4 –Confidentiality

 

 WEDID and the Subscriber and their collaborators undertake respectively to consider confidential, throughout the duration of the Subion Agreement and one (1) year after its expiry – for any reason whatsoever – all documents, software, know-how, data and material and immaterial information, communicated by the other party for the execution of these terms and conditions and not to use them or cause to be used outside the needs of the Contract.  subion.

This commitment remains during the Subscriber's Website Dormancy.

 

17.5 –Assignment of the Subion Agreement

 

The Subscriber may under no circumstances transmit for payment or free of charge, totally or partially, in any form whatsoever, the Subion Agreement or the benefit of the use of the subion or substitute a third party in the performance of its obligations, without the express prior consent of  WEDID.

For the purpose of proper performance of its commitments,  WEDIDreserves the right to assign, transfer or bring to a third party, in any form whatsoever all or part of the rights and obligations herein or substitute a third party for the execution of all or part of the rights and obligations hereof.

 

17.6 –Notification / Complaint

 

Unless otherwise indicated, any notification complaint and / or observation of the Subscriber or a User must be sent to WEDID by registered letter with acknowledgment of receipt to the following address:

228 Saint Honore Paris 75001, France 

 

17.7 –Applicable law and competent jurisdiction

 

THE COMMERCIAL COURT OF BARCELONA SHALL HAVE SOLE JURISDICTION TO HEAR ANY DISPUTE CONCERNING THE APPLICATION OF THESE GENERAL CONDITIONS OF USE AS WELL AS THEIR INTERPRETATION, EXECUTION AND SUBSEQUENT SALES CONTRACTS CONCLUDED BY  WEDID, OR ABOUT THE PAYMENT OF THE PRICE, EVEN IN CASE OF MULTIPLE DEBTORS,  CALL IN WARRANTY OR IN REFERE.

THESE GENERAL CONDITIONS OF USE AND THE RELATIONS BETWEEN L'ABONNE AND  WEDID ARE SUBJECT TO FRENCH LAW.

 

However, prior to any recourse to the arbitral or state judge, preference will be given to negotiation in a spirit of loyalty and good faith with a view to reaching an amicable agreement when any conflict relating to these General Terms and Conditions of Use, including its validity, arises.

The Party wishing to implement the negotiation process must inform the other Party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If at the end of a period of one (1) month, the Parties are unable to reach an agreement, the dispute will be submitted to the competent court designated above. The course of the preion will be suspended from the implementation of the clause, i.e. the date of receipt of the act of information sent by registered letter with acknowledgment of receipt. The suspension of the limitation period will end on the date of the signing of a conciliation or non-conciliation report.

In the event of refusal by one of the Parties to sign the said report, the other Party may take note of this refusal by informing it that in the absence of a reaction on its part within five (5) working days, the referral to the competent judge will be possible. Throughout the negotiation process and until its conclusion, the Parties shall refrain from bringing any legal action against each other and for the conflict under negotiation.

By way of exception, the Parties are authorized to seize the court of interim relief or to request the pronouncement of an order on request. Any action before the court for interim relief or the implementation of a procedure on request does not entail any waiver on the part of the Parties of the amicable settlement clause, unless expressly wishes otherwise.