In order to make a serene purchase, we invite you to read carefully our general terms and conditions of sale: duration and payment, hosting service, confidentiality, retraction, renewal, cancellation, disputes.
Thank you for taking the time to read it.
Preamble
Moofactory Cloud is a service offering for hosting and maintenance of LMS Moodle platforms operated by SASU LMS Factory, with a capital of €30,000, located at 1401 avenue de la Grande Halle, 78200 Buchelay, France, SIREN 828290122.
-I- PURPOSE
The purpose of this contract is to specify the terms and conditions under which LMS FACTORY provides access to its various services.
Any registration/order/renewal of a product made available on the moofactory.fr site implies full acceptance of this contract.
The Internet being in constant evolution, LMS FACTORY reserves the right to modify the present contract at any time.
In the event of a change, which is decided upon for the current billing period, the customer shall be notified by e-mail and shall have thirty days to refuse or accept the new contract.
If the customer’s site is still active after this period, LMS FACTORY shall consider that the customer agrees to the changes.
If the customer does not agree, he shall be reimbursed pro rata for the remaining months of his contract period upon request by sending a registered letter (at his expense) to LMS FACTORY’s head office.
-II- DURATION AND PAYMENT
LMS FACTORY contracts are signed for a minimum period specified at the time of ordering. The amount due for the services provided shall be payable in advance by credit card, in accordance with the schedule set out in the chosen subscription.
However, LMS FACTORY reserves the right to immediately pass on any new tax or any increase in the rate of existing taxes.
Any incident and/or delay in payment shall automatically result in the application of late payment compensation, after formal notice, equal to 10% of the amount due, and late payment penalties equal to 1.5 times the legal interest rate in force.
LMS FACTORY reserves the right to close access to its various services from the first day of late payment, which shall be suspended until full payment is made by the customer.
The customer is expressly informed and accepts that the hosted data will be deleted from the subscribed service 30 days after its due date. The service will then be recycled. It is therefore up to the customer to claim his data which will be provided in the form of a digital file including the backup of his DB and the copy of his data directories. It is the customer’s responsibility to back up any content that he may have hosted himself on the LMS FACTORY platforms (courses, SCORM packages, media and user history).
The customer may request faster data destruction by submitting a request to LMS FACTORY.
The customer can request confirmation of the destruction of his data from LMS FACTORY.
-III- THE HOSTING SERVICE
1/ Content
The data made available or stored via the moofactry.fr services must comply with the French laws in force, as well as those of the client’s country of origin.
All content, whether accessible or not, is prohibited for hosting, such as:
– Files subject to intellectual property laws and for which the customer does not have the necessary agreement to broadcast.
– P2P links whose content is subject to the laws on intellectual property and whose customer does not have the necessary agreement to broadcast.
– Files that are offensive, defamatory, racist, xenophobic (etc.).
– Files inciting discrimination or committing any offence.
LMS FACTORY refuses any content of a pornographic nature.
The customer undertakes not to include any redirection from its domain (including any type of hypertext link) to sites that disseminate illicit content or content as indicated above.
The sending of electronic mail (email) via the LMS FACTORY services is not restricted in the case of normal, non-automated use.
The sending of electronic mail (email) via the LMS FACTORY services is limited, in order to prevent abuse, to twenty thousand mailings (number of emails) per day when using any automated sending mechanism.
The sending of unsolicited e-mails (SPAM) via the LMS FACTORY services is strictly prohibited and punishable. This may result in the immediate and unannounced closure of the account concerned.
All bulk emailing must be done with the prior consent of the recipients.
All canvassing e-mails are prohibited, regardless of the nature of the sender, as long as the recipient has not requested to receive them.
In all the cases mentioned above, LMS FACTORY may interrupt the hosting contract concerned without prior notice and without payment of compensation.
The customer is the ONLY person responsible for the content of all information hosted on his account, as well as for the distribution of this information. In no case shall LMS FACTORY be held responsible for a breach of French or other laws that the customer may have violated.
2/ VARIOUS
LMS FACTORY creates internal archives on its shared web hosting servers and according to the service offer chosen. These archives are intended to restore the service, by LMS FACTORY, to its maximum possible level, in the event of a hardware failure. These archiving operations are carried out provided that the customer is up to date with his hosting due date. Files whose extensions are, with or without capital letters, .tar.gz, .tar, .iso, .img, .zip, .jpa, .7z, .rar, .mkv, .wav, .mp3, .flac, .avi, .mpeg, .mp4, .mpg, .tmp, .ogg, .wmv, .vdi, or more generally, any extension having the same destination as those previously mentioned, are excluded from archiving.
The archives created by LMS FACTORY are incremental, without multiple histories. Archiving is not performed in the case of personalized services, outside of shared web hosting servers and/or in the absence of detailed notification on the invoice and/or order form made available to the customer. It must then be considered that LMS FACTORY does not make any specific back-up of the hosted data.
Archiving is no longer carried out if there are more than 100,000 files on a single web hosting account. Archiving is not performed if the files are encrypted, unreadable, corrupted.
LMS FACTORY makes every effort to provide an exemplary service for all.
LMS FACTORY cannot be held responsible for any unavailability or any problem whatsoever if it is not of its making or depends on a third party over which it has no control.
As the Internet is constantly evolving, LMS FACTORY reserves the right to modify its infrastructures, technologies used and services.
LMS FACTORY provides a container (hosting) where the customer is free to store his data. The customer is aware that all content is under its own management and responsibility. The customer shall be responsible for the maintenance of all data hosted on the LMS FACTORY services. The customer shall ensure the integrity of the data he hosts as well as the security of the information (e.g. identifiers) made available by LMS FACTORY. The customer must ensure that no misappropriation of the service, whether voluntary or malicious, is carried out.
The customer undertakes to keep a sound and up-to-date copy of its data, whatever its nature, on any media at its discretion and at its expense, which is independent of the hosting service operated by LMS FACTORY. However, and in the event that LMS FACTORY’s liability is found by a judicial authority, it may not exceed an amount equal to the amount of the services invoiced to the customer for the subscription period, or for the period of the last renewal of the services. More generally, the customer shall be responsible for all conduct, maintenance, errors and operations on and in relation to the content present on the hosting: the customer shall assume its own technical and financial responsibility.
LMS FACTORY may suspend, without compensation and prior warning, any web access of a hosting account containing phishing or phishing data.
LMS FACTORY provides, depending on the level of service, a messaging service. This messaging service offers an outgoing mail server known as SMTP. The customer is responsible for checking that e-mails sent via the outgoing mail service are actually received.
-IV- CONFIDENTIALITY
LMS FACTORY’s customer must provide valid and complete personal details and a valid e-mail address in order to order a hosting package.
The customer must notify LMS FACTORY by e-mail of any change in his personal details.
Likewise, the customer shall update its e-mail address in the various panels that may be made available to it.
LMS FACTORY undertakes to keep this information confidential.
This information will not, under any circumstances, be resold or distributed to a third party, except to the competent authorities in the event of a legal dispute, for example, or legal obligations.
These data will only be used for internal management purposes of our services.
When registering a domain name, the service providers in charge of certain extensions (in a non-exhaustive way: .fr .com .net .org .info .eu .biz …) ask for personal information on the holder of the hosting. This is done in order to register the domain name in the name of the end customer, on which he will have full ownership rights. The information communicated at the time of the subscription is then transmitted: Name, First name, Entity, Postal address, Date of birth (if applicable).
The end customer can expressly request that his personal information be kept confidential by these providers. To do so, he must send an email to contact@moofactory.fr specifying his request, at the same time as (or before) subscribing the domain name. The end user is however informed that in this case, the domain name will be registered under the LMS FACTORY coordinates. However, the end customer may recover his domain name by outgoing transfer. The end customer will then assume, technically and financially, any necessary changes to the domain ownership information.
The end customer is aware that during a technical support request, an LMS FACTORY technician may logically be led to see the content of his hosting, whatever it may be. LMS FACTORY and its technicians are committed to confidentiality. A breach of the general conditions found may be brought to the attention of the end customer.
When requesting technical support, the end customer expressly authorizes LMS FACTORY to connect to the services made available and to perform any operation necessary for the development of a diagnosis or a solution.
In accordance with the French Data Protection Act of January 6 1978, amended in 2014, you have the right to access and rectify data concerning you, which you may exercise by contacting:
LMS FACTORY – 1401 avenue de la Grande Halle, 78200 Buchelay, France.
-V- WITHDRAWAL
In accordance with the law, the consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or off-premises, without having to give reasons for his decision or to bear other costs than those provided for in Articles L. 121-21-3 to L. 121-21-5. (For more information, see articles L. 121-21 et seq. of the Consumer Code). However, in accordance with the Code of the Consumption taken in its article L 121-21-8, 3° “the right of retractation cannot be exercised (…) for the contracts of supply of goods made according to the specifications of the consumer or clearly personalized (…)”. As such the customer recognizes that the implementation of a service in accordance with our offers is a service made to the specifications of the consumer, and as such can not exercise this right of withdrawal. This is why he can, if he wishes it, benefit from a 15 days trial period totally free to test the solution before its customization.
-VI- RENEWAL / TERMINATION
LMS FACTORY contracts are signed for a minimum period specified at the time of order. Once this commitment period has expired, the contract continues under the same conditions as the initial contract and can be terminated at any time by registered letter. The termination takes effect 30 days after the end of the last due date, the starting date of the period being based on the date of first presentation of the letter.
For reasons of non-compliance with certain clauses of this contract, LMS FACTORY may terminate the contract binding it with its customer.
The customer shall not be entitled to claim reimbursement of its hosting offer if it is exposed to a total or partial breach of this contract.
If the customer renews a service that has been expired for more than thirty days, it is considered that a new service has been requested.
-VII- DISPUTES
The present contract is governed by French law. Any dispute that may arise between the parties in connection with the interpretation and/or execution of this contract shall be submitted, in the absence of amicable agreement, to the Courts of the places allowed by the legislation. If the law allows it, the Courts of Versailles will have priority.