Terms of Services

Version 1.21 - Last updated : January 26th, 2017


1. Company Identification


YOORshop SAS is a company registered in official trade registry office in Lyon, France. YOORshop is a registered brand owned by Johann Carnevali.

See our Company informations for more details.


2. Acceptance of Terms of Service and Use


The YOORshop website aims to commercialize web hosting services, and the present contract is dedicated to explain how all things works.

The ordering on the YOORshop website requires the Client to accept in its entirety and without reservation the "TOS" : Terms of Sales and Use, below, same for active client with client and/or a web space.

YOORshop can update his TOS anytime, and will notify clients each time. In case of disapproval, a ticket support telling the disapproval of TOS must be opened within 7 days maximum, it will cause a quick termination of client services.


3. Prices and Payments


3.1 - Payments

All our products are priced in € taxes included, and are not subject to VAT (ART 293B CGI) given our legal form. Prices are fixed and are displayed on all sheets. We reserve the right to not deliver an order if an the displayed price was an error.

Prices will remain stable for your renewal also, and are not only applicable to the first year unless specified otherwise.

We accept various methods of payment :

- Credit card, Visa, Mastercard via Stripe Payments Europe Ltd with automatic payment possibilities

Other cards accepted by Stripe : Discover, American Express, JCB, EnRoute, Diners Club, Solo, Switch, Maestro, Visa debit, Visa Electron, Laser.

Stripe

- Paypal account

Paypal


- Bank transfer (in € only, we can't accept charges)


When using your Stripe/Paypal account, you pass directly your informations on the secure Stripe/PayPal platform and not on www.yoorshop.fr.

YOORshop reserves the right to request proof of identity, once an alert condition has been detected by our fraud system (amount, wrong coordinates, etc.). The documents provided will be used to confirm your order, and will be for internal use only. We will retain the documents for a period up to 120 days (time bank withdrawal), then they will be automatically deleted.


3.2 - Prices

Prices are displayed, and invoiced in € only. You can pay in any currency other than €, but YOORshop only invoices in €, which may cause slight exchange charges which will be charged by your bank (usually the Visa rate is 1.5%).

Any update of our prices/offers/TOS will be notified to the concerned clients. Approval is required so that to renew service at his next expiry date.


4. Delivery of services


After confirmation of your payment, you will receive your login information immediately. If your payment is taken in our fraud detection system, we will investigate further your order.


5. Specifics of our deals


5.1 - Details of our offers

The content of our service pages on the site are YOORshop integral part of these TOS, with regard to technical details of each service which would not be mentioned here.


5.2 - Domain names

- We offer you the registration and renewal under certain conditions described in the link hereafter : see list

- Domain names are registered with our specialized registrar partners, and in case you want to transfer your domain to another registrar, modest charges apply to this procedure: Tarifs domain transfer


5.3 - Trustee service for .fr domain extension

Some extensions like .fr domains requires you to be resident in France, this means to have a verifiable French address...

But, there exist a solution which is so called 'Trustee service'. We redirect you to our partner registrar : http://www.francedns.co/domain/trustee-and-local-contact.html.


5.4 - Right of withdrawal : 30 days money back guarantee

Our specific conditions offered allow a refund up to 30 days in case of dissatisfaction, this for a first order see section 5.

This offer is applicable to all our shared offers, however if you pay for 1 year, and we have registered a domain name for free in this context, we will be obliged to deduct the cost of the domain in case of cancellation request in 30 days. So to avoid this problem, and you look over our services, we recommend initially pay monthly, then you can always submit your order for 1 year, and enjoy free domain. Also the 30 days rule is applicable 1 time per Client, and after this, if you stop later the service, every month is payable in full until you leave with no refund possible.

For VPS offers, reimbursement is possible within 30 days only for VPS without any added service like /ex : managed service.

For dedicated servers offers, no reimbursement possible within 30 days.


From offer € 13.95/mo, if you ask us for the free included SSL Comodo, and claim cancel + reimbursement of hosting plan within 30 days, we'll keep a compensation of € 13.95


5.5 - Website transfer service paid or free depending on offer

Paid service at €4,95 /wesite.

Free service details included per offer :

- € 3.95 : upto 1 websites with 1 database

- € 6.95 : upto 2 websites with 2 databases

- € 9.95 : upto 3 websites with 3 databases

- € 12.95 : upto 4 websites with 4 databases

- € 15.95 : upto 5 websites with 5 databases

- € 24.95 and + : upto 10 websites with 10 databases


NB : before transfer we check the state of working of your website, and if exportable. In case, transfer does not include adaptation, re-programming out of normal/acceptable.


5.6 - Special informations for a Reseller account

cPanel accounts on server must work properly and be fixed when we ask. As a Reseller, we are not supposed to investigate each and every problem. Your WHM access show you email sent, and you must track ther email failures as this affect IP mail reputation, and normal resource usage, this is a serious responsibility.


5.7 - Programming skills

The web hosting services available, including access to external Softaculous scripts as easy to create a website with the concept 'button click'. However, for more advanced use and / or in case of difficulties, the customer recognizes the need to understand the IT environment that is more natively in English at the programming code, and that if he deemed necessary by his own inititiative, to learn / train with training providers / publishers / proper fora, or to hire a webmaster.


5.8 - Managed service for VPS and dedicated servers

Outsourcing involves the installation and software configuration and initial security of the server according to customer need. Then, this includes monitoring the proper functioning of the server, system and software management.

The client, having knowledge of the root password, agrees to leave the allocation of responsibilities of each as defined in the principle of outsourcing.

Outsourcing dedicated servers are doing on estimate only, specific elements not provided here may be added to the estimate according to negotiation.


6. Terms of use of our servers


In case of violation of the service use policies, depending on the severity, a notification is sent to client so that to solve the issue as soon as possible. The customer's account may also be temporarily suspended and/or closed depending on the severity. In case of closure, your data would be returned if nothing was illegal.


6.1 - Disk space usage

- The storage of critical personal files must be avoided.

- The storage of your own backup is tolerated but limited since we offer you a 10 days automatic backup on remote server. Backups aged with more than 45 days are automatically moved to our external backup server for 6 months.

6.2 - All pages presented on our servers must not violate French and other national, international laws.

This includes among other things, but not limited to :

Protected materials/services by copyright, obscene or scary content for users, or other protected status. In addition, sites selling or promoting the services of spam emails, or any sort of illegal services are prohibited.


Examples of unacceptable sites, links, types of server use :


- "Adult" websites - pornographic website not respecting laws (access restrictions to, and models under 18 years old)

- Gambling Online (electronic casinos, bets, etc.).

- hacking softwares - Programs or archives "Hack"

- Warez sites - Irc Bots

- Websites offering/selling any types of voucher codes which are illegal

- Racist websites


We are tolerant with legit people/websites !. We will be the sole arbitrators to decide on sites that violate these rules, depending on severity, we'll send you a warning, or terminate directly your account and in this last case, you can not be reimbursed in anyway as a penalty.


6.3 - Websites-activities not accepted on servers (except dedicated servers)

- Online games softwares/websites.

- Pure videos/movies/mp3 streaming and download websites.

- Use of proxy

- Use of artificial services which can cause anti-ddos rules hits, no sales to expect neither durable SEO (excluded adsense and some other popular providers)

- Use of any automatic processes causing abnormal working of your account

- On VPS : permanent use of maximal bandwidth (ex : commercial VPN services)


6.4 - Also, beware of spam which is highly regulated in France

Sending unsolicited email to recipients not identified as Opt-In, and abuse towards prospects/non Opt-In email, we will be informed in the sense that the servers we will send us a warning and could blacklist your email and IP of our server on which others rent hosting space, could also suffer the consequences ... We are very vigilant on this point, we'll suspend your account temporarily if you can answer to us, or definitively, and we encourage you to use specialized software/business solutions using external routers mail from email dedicated adresses, and rent/buy a database of prospects emails clearly also Opt-In !

For accounts identified as spamming, we will give you a first and last warning by suspending your account temporarily, as we can not tolerate this behavior on a shared server. Once you agree to change your behaviour, we will re-enable your account. If we catch you another time, your account will be suspended, and if you can not argue against : resiliated, and no money will be reimbursed for reason of : 'No respect of our TOS'.


6.5 - Abnormal use of our services

Any abnormal use of web hosting services (CPU, memory, emails, etc ...) that would be recognized may result in a temporary suspension, and will be followed by a notification to the customer concerned to resolve the problem. If the problem is or can not be resolved, according to the impact, it will probably decide to close the account.

It's the same for persistent bad use of our support service for reasons such as: unintelligibility remarks, denial of our responses, off-topic, harassment, insults, false accusation...

Any other cause which is not mentioned in our present TOS leaves YOORshop the right to take all measures necessary to safeguard its interest and/or that of other customers...


6.6 - Mandatory securization of your websites.

Example : WordPress security hardening


7. Affiliation


YOORshop offers an affiliate system that will pay you a 15% commission for new orders sent via your affiliate link.

YOORshop provides freely a set of banners, and you can also use simple link. You agree to update these banners if they have evolved to reflect updated offers.


8. Customer Support


The support/customer service must be contacted by support ticket for methodology and efficiently reasons.

The support/customer service handles everything directly on the smooth operation of your hosting account. YOORshop will attend only limited to many third party applications present in cpanel, or Softaculous. The bad programming your site can lead to confusing situations on the origin of the anomaly, we will always be present to verify that it does not come from your hosting account in the pure sense. In other words, it is up to everyone to inform guides scripts / cms original ꮮant respective publishers in order to qualify for a good mastery of various tools.

We have developed a knowledge base to guide on various topics, and this is evolutive


9. Availibility of our services


We make all efforts to sustain a maximal and optimal availibility of 99,98%, it does not include overnight planified maintenance and external network issues. Our infrastructure benefits from the highest possible redundancy with Tier 4 level : 2N+1.

You can check from yoru client area the status of server on which you are hosted

Server status

In case of persistent unavailibility of our services during business hours : 30-60 minutes, dedicated servers excluded, we have emergency procedures that will allow us to put back up gradually all services of all accounts on a relay server.


To show our reliability, and involvment, we agree to indemnify users on request at the following conditions :

- Priority 1 : plans above 24,95€, if unavailibility observed in one time is greater than 3 hours, 1 month will be reimbursed

(Reseller plans : only critical accounts defined as so before with YOORshop, can be restored in top priority, the rest will be done with following priorities.)

- Priority 2 : plans from 3,95€ to 6,95€, if unavailibility observed in one time is greater than 12 hours, 1 month will be reimbursed

- Priority 3 : plans from 9,95€ to 15,95€, if unavailibility observed in one time is greater than to 6 hours, 1 month will be reimbursed


Networks problems outside the scope of the server are common, and can make your site inaccessible a short time from some points the world. This kind of problem is uncontrollable regardless of the host as it remains out of our perimeter of action/responsibility fields. Usually, this does not last long because all the world's network administrators are automatically alerted in real time and intervene in general very fast. A network outage in our area of responsibility (We + our datacentre provider) is characterized by the unanimous confirmation of our multi-point monitoring system on the globe. So pay attention to your monitoring systems that are : not multi-points and/or far away, this may give false signals/availability calculations.


10. Backup and safety of datas


https://www.yoorshop.fr/knowledgebase/893/Backup-and-restore-of-your-files.html


11. Limitations of liability


YOORshop can not be held responsible :

- instead of Client, for the non respect of any national/international laws, licenses rights, brands...

- for direct or indirect damage caused to the equipment of the user when accessing the site YOORshop, and resulting from the use of equipment not meeting specifications given here, or the appearance of a bug or incompatibility.

- for consequential damages (such as a loss of market or loss of opportunity) arising from use or unavailibility or temporary suspension/termination of the services delivered by YOORshop.

- for non delivery of emails or email delivery marked as spam as we always ensure the highest mail IPs reputation, and proper config of your SPF/DKIM, these are basic requirements for a good delivery in the network. It is a fact that YOORshop has no control at all over mail filtering strategies of external servers.

- for data corruptions in client web space, hacking, partial or total data losses in any circumstances.

- for partial or total data loss on our servers.

- for the lack of understanding of client and its consequencies, regarding computers, networks, programming.

- for no problem resolution if issue is seen as external, or if client does not use our services with the recommended manners.


12. End of contract


- our offers are not binding unless expressed in any offline proforma offer. If the customer wishes to close his account, he will not be charged a closure fee, it can request immediate deletion or due by the customer area: Services/View Details. In case of customer still has credit, and if no serious violation of our TOS is noted, it may be reimbursed according to the number of whole months remaining.

- for unpaid invoices, at expiry of service is suspended for 7 days. After we still keep your data for 2 weeks on our backup server, and finally, when all previous delays has passed, these datas are deleted.

NB : if remain 1 or several active domains in your client area, we will invite you to manage the domain directly to our related registrar partner, or to transfer the domain.


13. Governing Law and Jurisdiction


Any dispute in connection with use of the site YOORshop is subject to French law. It shall have exclusive jurisdiction to the trade court of Lyon.