Terms and conditions Last update : 2019-09-02

ARTICLE 1. LEGAL NOTICES

1.1 Publisher

You are currently connected to the website www.dedimax.com, published by Aperçu, Siret: 50846287600030, registered office: 9 rue Madame Lafayette, 76600 Le Havre, France, email: contact@dedimax.com, director of publication and managing editor: Quentin Lavisse.

1.2 Web host

The website is hosted by Aperçu, registered office: 9 rue Madame Lafayette, 76600 Le Havre, France.

ARTICLE 2. DEFINITIONS

Within these terms and conditions, the following definitions will apply to all words starting with a capital letter, whether singular or plural:

  • "Account": the Client's account on the Website allowing him/her to access the Services.
  • "Client": any person, natural or legal, under private or public law, registered on the Website.
  • "Data": content of any nature hosted by Dedimax.com, in the context of the Services offered to the Client.
  • "Dedicated Server": physical independent server.
  • "Dedimax.com": Aperçu (supervisor: Quentin LAVISSE) as publisher of the Website.
  • "Domain Name": Internet domain ID, in the context of the DNS system, providing access to the IP address of a website and a way to hide it.
  • "Hosting": hosting services for a website, data base or file offered by Dedimax.com
  • "Internet User": any person, natural or legal, under private or public law, connecting to the Website.
  • "Order": order of a Service subject to a one-off payment.
  • "Service": service offered by Dedimax.com on the Website which may include renting of a Dedicated Server or Virtual Dedicated Server, Hosting, or access to the management interface.
  • "Subscription": subscription to a Service subject to a recurring payment.
  • "Virtual Dedicated Server": division of a physical server into an independent server with the features of a dedicated server.
  • "Website": website accessible via the www.dedimax.com URL, as well as related sub-websites, mirror websites, portals and URL variations.

ARTICLE 3. SCOPE

Access to the Website is open and free of charge for any Internet User, provided that the Services have to be paid for.

Any Internet User subscribing to the Website is considered to have accepted these Terms and Conditions.

At the time of registration on the Website, this acceptance will be confirmed by clicking on the checkbox containing the following sentence: "I read and accepted the Terms and Conditions of sale and use". The Internet User acknowledges at the same time being fully aware and accepting without limitation the Terms and Conditions, and then becomes the "Client". Clicking on the above-mentioned checkbox will be deemed to have the same force as the Client’s handwritten signature.

Dedimax reserves the right to amend these Terms and Conditions at any time, informing the Client by email. If the Client does not accept, the existing Terms and Conditions will remain applicable but the Service will not be automatically extended.

The Client acknowledges the evidential value of automatic registration systems of Dedimax.com and, unless able to furnish evidence to the contrary, he/she gives up any contestation in case of dispute. These Terms and Conditions are applicable to relationships between the parties to the exclusion of any other conditions, and especially those of the Client. To be able to accept these Terms and Conditions, the Clients must enjoy the necessary legal capacity to do so, or at least be authorised by a tutor or curator in case of incapacity, by a legal representative in case of a minor, or by a mandate if acting on behalf of a legal person.

If Dedimax.com becomes aware that the Client does not enjoy legal capacity or does not respect the conditions to register on the Website, it may immediately close the Account of the Client without prior notice, without exercising the liability of Dedimax.com. Any Order or Subscription made in the absence of legal capacity may then be cancelled under the same conditions.

Dedimax.com complies with French legislation. Accordingly, Dedimax.com shall not be held liable for non-compliance with any applicable foreign laws whenever a Client located outside France visit the Website or order Services.

The Client must be aware of applicable local and national laws. Dedimax.com shall not be held liable for non-compliance with these laws.

ARTICLE 4. DESCRIPTION OF THE SERVICES

4.1 List of Services

The following Services are offered to the Clients on the Website:

  • Leasing of Dedicated Server and Virtual Dedicated Server via a Subscription.
  • Access to a management interface of the Services.
  • Hosting of website, files (via a storage space), and/or data bases, upon Order or Subscription.
  • Registration and extension of domain names, via an Order.

The detail of each Service appears on the Website.

Dedimax.com describes the true features of the Services on the basis of elements it already has or that are provided by its suppliers. However, they may slightly differ, which the Client acknowledges, without it being an improper performance of the obligations of Dedimax.com.

Before any Order or Subscription, the Client shall make sure that the Service meets his/her expectations and needs.

4.2 Access to the Service
4.2.1 Order or Subscription

Services are provided in return for the payment of the price of the Order or Subscription.

Some Services are subject to a one-off payment and will be designated as "Order"

Some Services are subject to a recurring payment, automatically extended, and will be designated as "Subscription".

Leasing of Dedicated Servers and Virtual Dedicated Servers, as well as Hosting, may be subject to Subscriptions.

The registration of the domain name is subject to an Order, as are certain types of Hosting.

In any cases, the Client will be notified at the time of the Order or Subscription.

4.2.2 Choice validation

When Subscribing or Ordering, the Client shall provide his/her billing information. There, the Client will be able to confirm the selected Service, as well as its price and duration. Then, the Client will be able to validate. The Client will then have to read and confirm his/her acceptance of these Terms and Conditions. Then, the Client will be invited to pay by being redirected on the secured payment interface.

4.2.3 Confirmation by Dedimax.com

Once the payment is made and received by Dedimax.com, Dedimax.com undertakes to electronically confirm receipt, within a maximum of twenty-four (24) hours.

The Order or Subscription will only be confirmed after Dedimax.com sent its acknowledgement of receipt.

Dedimax.com shall in no way be held liable for choice errors of the Client, input errors of the Client or for any other inaccurate provided information or any related consequences.

4.3 Subscribing to a Dedicated Server or a Virtual Dedicated Server

The Client may subscribe to a Dedicated Server or a Virtual Dedicated Server.

That service includes:

  • provision of the Dedicated Server or Virtual Dedicated Server;
  • monitoring of the Virtual Dedicated Server;
  • monitoring of the Dedicated Server;
  • monitoring of the proper functioning of the infrastructure necessary to the hosting.

The Client will be provided with the Dedicated Server or the Virtual Dedicated Server without undue delay.

The monitoring is provided as part of a best efforts obligation, which the Client acknowledges. The Client will be informed of any event susceptible to impact the proper functioning of his/her Virtual Dedicated Server or Dedicated Server, via the email address provided by the Client.

As part of this Service, the Client may create a personalised address such as "***.dedimax.com or ***.dedimax.net". The extension varies according to the choice of Dedimax.com and “***” is the part personalised by the Client. Dedimax.com reserves the possibility to control these personalised addresses and to suspend them without prior notice when the address is illegal, against public order or morality or any other reason at its discretion.

This Service is subject to a Subscription which duration is chosen by the Client. At the end of this period, the Service will automatically be extended for successive periods of the same duration unless the Client explicitly refused this extension on his/her Account, before the extension date. To allow the extension, the Client shall keep his/her payment details updated on his/her Account. If he/she does not, Dedimax.com will not extend the Service, without exercising its liability.

The technical specifications of the Service are detailed on the Website, prior to the Subscription.

The Client shall make sure that the chosen offer answers his/her technical needs. If the Client makes a mistake, Dedimax.com will not be required to refund and will not be held liable.

The Client has the possibility to update his/her offer throughout the commitment period. There will be no refund for the choice of a less expensive offer. If the Client chooses a more expensive offer, he/she will be invoiced for the difference between the initially chosen offer and the final offer, in proportion to the amount of commitment period left.

Dedimax.com undertakes to make its best efforts to ensure availability of the Dedicated Server or Virtual Dedicated Server pursuant to the commercial conditions accepted by the Client. If the servers are not available, Dedimax.com will notify the Client without undue delay and will make its best efforts to restore the Service.

Dedimax.com may take all necessary measures to ensure availability of the Services, including the temporary modification of the conditions of Services, which the Client acknowledges. The Service may also be temporarily interrupted at any time, especially on safety or maintenance grounds.

The Service is implemented within a period indicated during the Subscription process.

The Client shall conduct his/her own backups of online Data put on the Dedicated Server or Virtual Dedicated Server. No backup is conducted by Dedimax.com, which the Client acknowledges. Therefore, Dedimax.com shall not be held liable for the loss of Data.

If no extension is made at the end of the commitment period, the Client's Data will be automatically deleted, which the Client acknowledges.

This Service is subject to the code of appropriate behaviour detailed within these Terms and Conditions.

4.4 Access to a management interface of the Service

The Client may access a management interface of the Service, within his/her Account. The Client is granted a right of access for the duration of the subscription to the Service to the following address: panel.dedimax.com

This right of access is strictly limited to the use, by the Client, of the management interface of the Service, excluding any other use.

Any use inconsistent with this Article is likely to constitute an act of counterfeiting and may exercise the Client’s liability.

4.5 Hosting of websites or data bases

Dedimax.com provides websites or data bases Hosting services.

The Hosting of websites or data bases is subject to a Subscription which duration is chosen by the Client. At the end of this period, the Service will automatically be extended for successive periods of the same duration unless the Client explicitly refused this extension on his/her Account, before the extension date. To allow the extension, the Client shall keep his/her payment details updated on his/her Account. If he/she does not, Dedimax.com will not extend the Service, without exercising its liability.

The technical specifications of the offer of Hosting of websites or data bases are detailed on the Website, prior to the Subscription.

The Client shall make sure that the chosen offer answers his/her technical needs. If the Client makes a mistake, Dedimax.com will not be required to refund and will not be held liable.

The Client has the possibility to update his/her offer throughout the commitment period. There will be no refund for the choice of a less expensive offer. If the Client chooses a more expensive offer, he/she will be invoiced for the difference between the initially chosen offer and the final offer, in proportion to the amount of commitment period left.

Dedimax.com undertakes to make its best efforts to ensure availability of the Hosting pursuant to the commercial conditions accepted by the Client. If the Servers are not available, Dedimax.com will notify the Client without undue delay and will make its best efforts to restore the Service.

Dedimax.com may take all necessary measures to ensure availability of the Services, including the temporary modification of the conditions of Hosting, which the Client acknowledges. The Service may also be temporarily interrupted at any time, especially on safety or maintenance grounds.

The Service is implemented within a period indicated during the Subscription process.

The Client shall conduct his/her own backups of online Data put on the website or database. No backup is conducted by Dedimax.com, which the Client acknowledges. Therefore, Dedimax.com shall not be held liable for the loss of Data.

If no extension is made at the end of the commitment period, the Client's Data will be automatically deleted, which the Client acknowledges.

This Service is subject to the code of appropriate behaviour detailed within these Terms and Conditions.

4.6 Files Hosting

Dedimax.com provides a files Hosting service.

The Hosting is subject to a price per file, that varies according to the size and length of the file, as detailed within the Website.

The Hosting of the file may be subject to a time limit. Then, the Client will have to replace his/her Order. Failing that, the file will be deleted at the end of the agreed period.

Dedimax.com undertakes to make its best efforts to ensure availability of the file pursuant to the commercial conditions accepted by the Client.

The Service may be temporarily interrupted at any time, especially on safety or maintenance grounds.

The Client shall conduct his/her own backups of Data put online. No backup is conducted by Dedimax.com, which the Client acknowledges. Therefore, Dedimax.com shall not be held liable for the loss of Data.

The file of the Client will automatically be deleted within the period indicated during the Order process, which the Client acknowledges.

This Service is subject to the code of appropriate behaviour detailed within these Terms and Conditions.

4.7 Registration and extension of Domain Name

Dedimax.com may register and extend Domain Names, to the competent naming authority, in the name and on behalf of the Clients.

The price of the Service is indicated on the Website and may evolve according to obligations related to naming authorities and to the commercial policy of Dedimax.com.

The Client may choose the length of registration or extension of his/her Domain Name. At the end of this period, the Domain Name will automatically be extended for successive periods of the same duration unless the Client explicitly refused this extension on his/her Account, before the extension date. To allow the extension, the Client shall keep his/her payment details updated on his/her Account. If he/she does not, Dedimax.com will not extend the Service, without exercising its liability.

The Client shall provide all information necessary to the registration of the Domain Name, including information related to contacts. The registration is subject to the full provision of information requested by Dedimax.com. This information will be provided to the naming authority for the performance of the Service. The Client shall provide true information and shall keep it updated on the Account. Dedimax.com reserves the right to cancel the Order, without any possible refund for the Client, when this information is false or inaccurate.

The Client will be notified that specific rules set by the naming authority may apply to the registration and extension of the Domain Name. They will be communicated to the Client, who will have to accept and apply them.

The Client shall make sure that the Domain Name is available, legal and that it does not affect the rights of any third party. No prior search is conducted before the registration of the Domain Name.

Dedimax.com will make its best efforts to proceed to registration and/or extension of the Domain Name to the naming authority, after receiving the payment of the Client.

The Client is informed that the registration and/or extension will only be complete after validation of the registration and/or extension by the naming authority, without undue delay after the Order was placed.

The Client may transfer the Domain Name. The Client shall ask Dedimax.com and provide all information requested by Dedimax.com to carry out this formality. The transfer will only be effective after validation by the naming authority.

If the registration and/or extension is impossible, Dedimax.com shall either ask for complementary information or refund the amounts received without undue delay.

The provision of this Service is subject to full payment by the Client of the amounts due regarding this Service.

The Client is notified that Dedimax.com may, on the basis of the decision of a court or competent authority, suspend the Domain Name or transfer it to any other person designated by this decision of a court or competent authority, without prior notice and without exercising its liability. The Client will cover all fees for Dedimax.com, whatever they may be, in such case, and cover Dedimax.com for all damages Dedimax.com could be sentenced to for that matter.

This Service is subject to the code of appropriate behaviour detailed within these Terms and Conditions.

ARTICLE 5. SUBSCRIPTION

This Article shall only apply to Services subject to a Subscription.

5.1 Payment of the Subscription

The price of the Subscription is payable in advance.

This amount will be collected on each extension date of the Subscription, for the subsequent period. If no deduction is implemented or no method of payment registered, the Client will have to approve the extension not later than the day before the date the commitment ends.

The Client shall keep his/her payment information updated in order to allow the extension of the Subscription. If it is impossible to deduct the due amount at the date of extension, the Subscription will not be extended and the Services will be suspended and the Data may be deleted, without prior notice, without exercising the liability of Dedimax.com.

If payment failed at the time of extension, Dedimax.com will notify the Client about the need to update his/her necessary information.

Dedimax.com shall not be held liable when the Service is not extended or the deletion of Data after the non-payment.

5.2 Duration of the Subscription

The Subscription starts from the moment Dedimax.com received the corresponding payment from the Client. The duration of the Subscription is the one mentioned on the Website the day the Subscription is made.

The Subscription is either made monthly or annually. The duration will be detailed during the Subscription process. At the end of the Subscription, it will be automatically extended for the same duration. The Client will be able to state he/she wishes to stop the Subscription, on his/her Account, not later than one (1) day before the expiry date.

5.3 Termination of the Subscription for breach

When a Client breaches any of the provisions of these Terms and Conditions, Dedimax.com shall terminate the Subscription and suspend the access to the Account of the Client as of right, without the intervention of a judge and without exercising its liability. The termination of the Subscription due to the Client's fault is without prejudice to the possible damages Dedimax.com would be entitled to on the basis of the Client's breach.

ARTICLE 6. OBLIGATIONS OF THE PARTIES

6.1 Obligations of Dedimax.com

The Website and the Services are steadily developing and their features may develop over time, especially throughout a Subscription.

Therefore, Dedimax.com is free to update the Website and the Services at its discretion, and especially to include or delete features or to modify their functioning. The fact that a feature exists within the Website or Services does in no way guarantee the sustainability of such feature, which the Client acknowledges and accepts.

Access to the Website and Services may be restricted at any time to enable maintenance, repair or update, without the need for prior notification.

Dedimax.com shall make its best efforts to maintain the Website and Services accessible and available, without making it an obligation to achieve this result.

Dedimax.com does not undertake to:

  • Any obligation to achieve a result in the context of the provision of the Website and Services.
  • That the Website and Services are free of bugs or available at all times.
  • Any maintenance or update frequency for the Website and the Services.
  • Any quality of service for the Website and the Services.
  • Any level of service and availability for the Website and the Services.
  • Any duration for the Website and Services support.

Dedimax.com shall only make its best efforts to keep the Website operational in a secure manner, under its best efforts obligation. Nevertheless, Dedimax.com does not guarantee absolute safety of the Website and Services.

Dedimax.com may suspend, modify or remove the Website and Services and stop their support at any time, without prior notice or notification, without exercising its liability. The subscribed Services will however be carried out for the ongoing commitment period and Dedimax.com will be able to suspend their extension provided prior notification to the Client.

6.2 Obligations of the Client

The Client may use the Website and Services in accordance with these Terms and Conditions, to the exclusion of any other right.

The Client undertakes to pay any due payment to Dedimax.com for the Subscriptions and Orders.

6.2.1 Connection to the Website

The Client may connect to the Website through Internet. Dedimax.com does not provide any equipment, telephone equipment, terminal equipment, consumable or not, or software to the Client. The Client acknowledges that he/she is the only responsible for the setting-up, maintenance and control of the technical configuration required to connect to the Website. Irrespective of the chosen connection mode, connection and transmission data from the computer of the Client to the server of the Website are the responsibility of the Client, as well as all amount, fee, registration, tax or other expenses that may be requested by the telecommunication network service provider connecting the Client to the Website.

6.2.2 Code of appropriate behaviour

The Client undertakes to properly use the Services and to only use them for his/her own needs and under the conditions of the Terms and Conditions.

The Client is thus responsible for any Data published on the Dedicated Server, Virtual Dedicated Server or within a Hosting.

The following Data, in particular, are prohibited: illegal element, element which could be sanctioned by a criminal penalty, element contrary to existing French regulations, element contrary to morality, element contrary to public order, element which could hurt other persons (including but not limited to: pornography, paedophilia, obscenities, incitement to racial/religious/sexual/moral hatred, defamation, discrimination, hatred, injuries, insults, aggressiveness, contempt, harassment, "trolling", denigration, violence, denial of crimes against humanity, incitement to murder and/or violence, revisionism, anti-Semitism, glorification of war crimes or crimes against humanity, procurement, invasion of privacy, political comment, incitement to commit a crime), element including non-professional details, element infringing upon the rights of third parties, especially in the case of counterfeiting of copyrights, trademark, drawings / models, patents, data bases, privacy, unfair competition and/or parasitical business practices, infringement of image right, right to privacy, personal data, or false or misleading element.

Dedimax.com may delete any Client's Data after the report of a third party or at its discretion.

Any third party may report a Data that is inconsistent with these Terms and Conditions, by contacting the customer service of Dedimax.com.

Non-compliance with the Terms and Conditions may lead to immediate closure of the Account, and immediate termination of the Services including immediate deletion of the Data. All amounts due to Dedimax.com by the Client regarding the ongoing period of Subscription will remain fully due, which the Client acknowledges, without prejudice to any legal proceedings and damages for the injury suffered by Dedimax.com. The Client will then undertake to cover any fees borne by Dedimax.com for its defence as well as any damages Dedimax.com could be sentenced to.

6.2.3 Declarations of the Client

The Client acknowledges having read the technical characteristics of the Service before signing these Terms and Conditions. Therefore, the Client acknowledges that his/her needs and the Services provided by Dedimax.com are compatible, that he/she knows about the content and performance conditions of such Services and that he/she knowingly subscribed to the Services provided by Dedimax.com having access to all information necessary to provide a free and informed consent.

6.2.4 Use of the Services

All treatment, transmission, publication, broadcast or production of the Services by the Client are under his/her sole responsibility.

The Client undertakes not to impede or disturb the Services and servers of Dedimax.com and to comply with the necessary conditions, procedures and general rules communicated by Dedimax.com for the proper execution of the Service. As a consequence, the Client covers Dedimax.com for any injury arising from the Client’s use of the Services, including the possible attorney and proceedings costs, and undertakes to intervene in any legal proceedings engaged against Dedimax.com on the basis of the Client's use of the Services.

The Client also undertakes not to act in the following way, including but not limited to:

  • To attempt to access the Account of a third party,
  • To attempt to access the servers (outside the normal use of the Website and the Services) or computers of the network of Dedimax.com.
  • To attempt to upload viruses, Trojan horses or any other invasive or illegal program on the Website, Services or Servers of Dedimax.com,
  • To extract data from the Website of Services without the prior express written authorisation of Dedimax.com,
  • To use the Website and Services in an illegal way or in violation of these Terms and Conditions or any applicable law.
6.2.5 Usernames and passwords confidentiality

The Client especially undertakes not to disclose information regarding his/her username and password to third parties. The Client acknowledges the confidentiality of the password allowing him/her to access the Service. Through these Terms and Conditions, the Client acknowledges that he/she has full responsibility for the use of the username and password and bears all consequences of a fraudulent or illegal use of these Terms and Conditions. If the Client lost his/her password, he/she undertakes to immediately notify Dedimax.com in writing. The Client is responsible for the provision of a strong and complex enough password. Dedimax.com shall not be held responsible for any third party accessing the Account or for a brute force attack.

The Client is responsible for the safety and use of the username and password of his/her Account. The Client shall especially make sure that they are used in compliance with these Terms and Conditions.

Dedimax.com shall not be held liable for a non-authorised use of the Account by a third party and shall not be held liable for any injury resulting from such use.

If the Client notices that his/her Account is compromised or used without his/her authorisation, or any other security breach related to the Account, the Client shall notify Dedimax.com as soon as possible.

6.2.5 Usernames and passwords confidentiality

Contact details and information provided by the Client shall be updated and genuine. If that is not the case, Dedimax.com shall not be held liable for difficulties regarding the provision of the Services and especially in case of Services being suspended for non-payment.

ARTICLE 7. PRICE - PAYMENT

7.1 Price

Applicable prices are those displayed on the Website the day of the Order or Subscription.

These prices may be modified by Dedimax.com at any time, but ongoing Subscriptions will remain subject to the price effective at the time of the last extension. If the price of ongoing Subscriptions is modified, the Client will be informed and will have to confirm the price modification. Failing that, the Subscription shall not be extended.

The displayed prices are only effective the day of the Order or Subscription and have no impact for the future. Prices displayed on the Website are in Euros, excluding or including taxes, excluding delivery prices.

7.2 Payment methods

The Client may pay by bank card, PayPal, cryptocurrency or Internet credit system, or any other payment method accepted by Dedimax.com on the Website.

Payments are carried out using secured transactions provided by CentralPay for bank cards, by Coinbase for crypto-currency and by GoCardless for direct debit payment.

In the case of a Subscription, the payment service provider saves payment details of the Client's payment in order to allow the extension of the Subscription. Failing that, the Client shall confirm the payment not later than the day prior to the expected extension date of the Subscription.

In the context of payment using bank cards, Dedimax.com has no access to data related to the Client's payment methods.

The payment is directly carried out in the hands of the banking institution. In case of money order, cheque or bank transfer payment, exceptionally accepted by Dedimax.com, delivery schedules shall not start running until the date Dedimax.com encashed the payment.

7.3 Invoicing

Dedimax.com shall address or provide the Client with an invoice by electronic means after each payment. The Client expressly agrees to receive the invoice by electronic means.

7.4 Lack of payment

Agreed payment date shall not be delayed under any excuse, including in case of dispute. Any due amount that will not be payed to maturity shall automatically give right, without prior notice, to the application of late-payment penalties calculated on the basis of a rate of 3 times the legal interest rate, without prejudice to the payment in full of the due amounts. In addition, any delay in payment shall result in, regarding the invoice of the defaulting Client, recovery fees worth 40 Euros, all remaining due amount payable immediately regardless of the agreed schedules, increased of a compensation of twenty (20) % of the amount as penalty clause, as well as the possibility to unilaterally end the contractual relationship due to the Client, without prejudice to the damages Dedimax.com may request to compensate the injury.

ARTICLE 8. COMPLAINT - WITHDRAWAL

8.1 Client support

The client support is accessible 7 days a week, 24 hours a day through a ticket system on the client panel or by email to the address support @ dedimax . com.

8.2 Right of withdrawal - Distance selling

This Article shall only apply to consumers.

In compliance with Article L221-28 of the French Consumer Code,

  • In the context of the providing of Dedicated Server, Virtual Dedicated Server or Hosting, the Client has no right of withdrawal given that Dedimax.com provides online contents non provided on a material support of which the performance started after prior express agreement of the consumer and express renunciation to his/her right of withdrawal.
  • In the context of the registration of a Domain Name, the Client will not have a right of withdrawal given that the Domain Name is personalised upon request of the Client.

The Clients who are not consumers have no right of withdrawal.

8.3 Termination of the contract on the initiative of the Client

The Client who is also a consumer may terminate the contract via a registered letter with acknowledgement of receipt in the case of late implementation of the requested Service of more than fourteen (14) days. In that case, the Client will be refunded of the costs he/she incurred in the course of the Order or Subscription. This clause shall not apply if the delay is due to force majeure. In such a case, the Client undertakes not to bring proceedings against Dedimax.com and renounces to resort to the termination of the sale provided for in this Article.

This Article does not apply to Clients who are not consumers.

ARTICLE 9. PERSONAL AREA

9.1 Creation of the personal area

The creation of a personal area on the Website is an essential prerequisite for any Order or Subscription by a Client.

To this end, the Client will be invited to provide a certain amount of personal information. Some of this information is deemed essential for the creation of the personal area. If a Client refuses to provide such information, it will prevent the creation of the personal area as well as, incidentally, the validation of the Order or Subscription.

When creating his/her personal area, the Client is invited to choose a password. This password assures the confidentiality of the information contained in the personal area. The Client undertakes not to transfer or communicate the information to a third party. Failing that, Dedimax.com will not be held liable for any non-authorised access to the personal area of a Client. The Client undertakes to regularly control the Data concerning him/her and to conduct the necessary updates and modifications online of his/her personal area.

9.2 Content of the personal area
9.2.1 Generalities

The personal area allows the Client to see and follow all of his/her Orders and Subscriptions on the Website. The pages related to personal areas are freely printable by the owner of such Account, but it does not constitute evidence admissible by a court. They are only intended to be informative in order to ensure an efficient management of his/her Orders and Subscriptions by the Client.

Dedimax.com undertakes to securely retain all contractual elements which storage is required by applicable law or regulation.

9.2.2 Community area

Dedimax.com offers to Clients the possibility to take part to a community area related to his/her activity or to the topics dealt with on the Website.

The use of the forum is subject to compliance with the appropriate behaviour policy included within these Terms and Conditions.

The subjects and messages shared on the forum of the Website shall be in French or English, using appropriate and not rude vocabulary. The messages shall be polite.

The Clients shall refrain from engaging in any insults or threats.

The content of the messages, answers and contributions shall strictly comply with public order and appropriate behaviour and shall not promote a criminal or illegal activity. The user undertakes to respect the rights of third parties.

Any answer recommending a questionable or fraudulent practice will be deleted and the Client might be suspended.

The Clients have the right to refer to other subjects dealing with the same topics or to "official" website by creating hypertext links using the messages interface.

Any link to a competitive or unwanted website might be deleted with no prior notice or compensation.

9.2.3 Support ticket system

A support ticket system is made available to the Clients.

This Service is subject to compliance with the appropriate behaviour policy included within these Terms and Conditions.

This system is for Clients only and is subject to the principle of confidentiality of correspondences.

Dedimax.com is under no obligation to retain the messages sent and received on this system and it is to the Clients to back up such contents.

Loosing these contents, however caused, shall not constitute an injury entitling the Client to request a compensation in that respect.

Any Client suffering from abuses (spams, unwanted advertising or other) might notify Dedimax.com which will take all appropriate measures.

9.3 Deletion of the Account

Dedimax.com reserves the right to delete the Account of any Client who breaches these Terms and Conditions, especially when the Client provided inaccurate, incomplete, misleading or fraudulent information, as well as when the personal area of a Client remained inactive for at least one year. Such deletion shall not constitute a breach from Dedimax.com or an injury for the excluded Client who will not be entitled to claim any compensation in that respect. This exclusion is carried out without prejudice to the possibility for Dedimax.com to bring legal proceedings against the Client, when justified by the facts.

The Client may also request the deletion of his/her Account. In that case, the Client's Data shall be deleted, at the date of the termination, by Dedimax.com, unless Dedimax.com is required to retain the Data due to a legal or regulatory obligation. No back-up of the Data shall be made, which the Client acknowledges.

The Account shall also be deleted when it remained inactive (no Order or Subscription) for more than two (2) years, unless the Client can contest or exercise the liability of Dedimax.com.

ARTICLE 10. DATA PROTECTION

When providing Services, Dedimax.com may collect and process personal data of the Clients.

Personal data collect and processing methods are detailed within the Privacy Policy, available at the following address: https://www.dedimax.com/privacy-policy

ARTICLE 11. LIABILITY OF DEDIMAX.COM

11.1 Nature of the obligations of Dedimax.com

Dedimax.com undertakes to take the necessary care and diligence to provide Services of quality that is consistent with the specifications of these Terms and Conditions. Dedimax.com is only under a best efforts obligation regarding the Services purpose of these Terms and Conditions.

11.2 Force majeure – Fault of the Client

Dedimax.com shall not be held liable in case of force majeure or for the fault of the Client, as described in this Article:

11.2.1. Force majeure

Under these Terms and Conditions, an enforceable case of force majeure regarding the Client will be any impediment, restriction or disruption of the Service caused by fire, epidemic, explosion, earthquake, bandwidth fluctuations, deficiency due to the access provider, failure of the transmission networks, crash of the facilities, illegal or fraudulent use of the passwords, codes or references provided to the Client, hacking, security flaw due to the Website web host or developers, flood, blackout, war, the embargo, law, order, request or requirement of any government, requisition, strike, boycott or other circumstances beyond the reasonable control of Dedimax.com. Under such circumstances, Dedimax.com will be exempted from the performance of its obligations within the limits of this impediment, restriction or disruption.

11.2.2 Fault of the Client

Under these Terms and Conditions, the fault of a Client enforceable against him/her will be any misuse of the Service, wrongdoing, negligence, omission or failure of the Client or of his/her employees, the non-compliance with advice given by Dedimax.com on the Website, any disclosure or illegal use of the password, codes and references of the Client, as well as providing false information or failure to keep such information updated on his/her personal area. The same applies when the Client does not comply with these Terms and Client. The implementation of any technical process such as robots, automatic requests or illegal streaming, which would be contrary to the letter or spirit of these Terms and Conditions, will also be considered as a fault from the Client.

11.3. Technical issues - Hypertext links

When it is impossible to access the Website due to technical issues of all sorts, the Client shall not take action on the basis on an injury and shall not claim any compensation. The unavailability of one or more online services, even when extended and with no limitation, shall not constitute an injury for the Clients and shall not give rise to damages payable by Dedimax.com. Hypertext links available on the Website may send on other websites. Dedimax.com shall not be held liable for the content of these websites if they are violating applicable laws. Similarly, Dedimax.com shall not be held liable for the injury caused to the Client after the visit of one of these websites.

11.4. Damages payable by Dedimax.com

In the absence of any laws or regulations to the contrary, the liability of Dedimax.com is limited to the direct, personal and certain injury caused to the Client that is connected to the failure at issue.

Dedimax.com shall in no way be held liable for indirect injuries such as, especially, data losses, commercial injuries, order losses, infringement of corporate image, commercial disturbances and losses of profits or clients. Similarly, and under the same limitations, the amount of the damages payable by Dedimax.com for any injury suffered by the Client in the course of the performance of the Services shall not, in any case, exceed the price of the ordered Service.

11.5. Liability as web host

The data, especially Data, published on the Website by the Client, are under his/her own responsibility. In this context, Dedimax.com will benefit from the status of web host of the data according to Article 6-I-2 of the law for Confidence in the Digital Economy of 21 June 2004. In accordance with paragraph 3 of the same Article, Dedimax.com shall not be held liable for these Data, unless, from the moment Dedimax.com heard about the illegal activity or information, it did not act rapidly to remove this information or to disable access.

ARTICLE 12. INTELLECTUAL PROPERTY

The content (texts, pictures, diagrams...), the structure and software (including the management interface) implemented for the functioning of the Website are protected by copyrights and data bases rights. Any full or partial representation or reproduction made without the consent of Dedimax.com or its beneficiaries shall constitute an infringement of Book I and Book III of the French Intellectual Property Code and may give rise to legal proceedings. The same shall be applicable to translations, adaptations or transformations, arrangement or reproduction using any art or method.

The Client's Data are his/her property and the Client undertakes that he/she has full rights to publish them within the Service.

Information published on this Website are viewed as directional only and its accuracy is not guaranteed. Dedimax.com shall under no circumstances be held liable for an omission, inaccuracy or any mistake contained in this information that would cause a direct or indirect injury to the Internet User.

ARTICLE 13. GENERAL PROVISIONS

13.1. Applicable law

These Terms and Conditions are governed by French law.

13.2. Amendments to these Terms and Conditions

These Terms and Conditions may be amended at any time by Dedimax.com. The general conditions applicable to the Client are those in force the day of his/her order or connection to this Website, any new connection to the personal area implying that, where appropriate, he/she accepted the new Terms and Conditions.

13.3. Disputes

In the event of a dispute and unless provisions of public order, the Parties shall try to reach an amicable settlement before any legal proceedings.

Any dispute related to the performance or interpretation of these Terms and Conditions that does not benefit from an amicable settlement between the Parties, shall be brought before the competent court within the jurisdiction of the registered office of Dedimax.com, including for emergency proceedings, introduction of third parties or multiple defendants, regardless of the Client's country.

13.4. Nullity

The nullity of one of the clauses of this contract shall not invalidate the other clauses of the contract, or the contract as a whole, that will remain in full force and scope. In such circumstances, the Parties shall, when possible, replace the deleted provision by an acceptable provision that conforms to the spirit and purpose of these Terms and Conditions.

13.5. Non-waiver and tolerance

The fact for Dedimax.com not to claim the failure of the other Party to perform one of his/her obligations under these Terms and Conditions shall not be interpreted as a waiver of the obligation at issue and shall not grant the other Party the acquired rights.

Failure or delay in the exercise of a right by Dedimax.com shall not be interpreted as a waiver of such right.

13.6. Independence

Neither Party shall commit on behalf of and/or in the name of the other. In addition, both Parties are solely responsible for their actions, allegations, commitments, services, products and employees.

13.7. Entire Agreement

These Terms and Conditions shall prevail over any other provision potentially applicable to the relationship between Dedimax.com and the Client. These Terms and Conditions shall cancel and replace any prior commitment taken by the Parties related to the purpose and constitute the whole agreement of the Parties regarding the purpose of these Terms and Conditions.