Terms of sale

Registration with emyspot.com and the use of its services are subject to unconditional acceptance of the following Terms of Sale.

Preamble

The following terms of sale (hereafter referred to as the "Terms of Sale") set out the terms and conditions under which E-monsite (refer to legal notice) provides paid subscription services as part of the emyspot.com website builder tools.

The following Contract is subject to French legislation.

Legal notices

emyspot.com is published by E-monsite:

SARL E-monsite
19 rue Lamartine
80000 Amiens
France

A. Description of the services offered

E-monsite offers 8 paid subscription services through emyspot.

Unless otherwise noted, the prices mentioned below, in euros, include sales tax (VAT-TVA). Payment in full is required upon receipt of the relevant order form.

1. emyspot VersionPLUS

Available for €45 (inc. VAT) per year, this service enables a User to remove all advertising from the website for which the service is subscribed, and to increase its file storage capacity. A full description of the changes are detailed here.

Annual renewal of this service is neither compulsory nor automatic.

In the event a emyspot VersionPLUS subscription is not renewed, the User's website will revert to a free website and will not be deleted.

2. Domain namePRO

Available from €35/yr (inc. tax), Users may purchase and link a domain name to the website for which the service is subscribed. The service includes a 10 e-mail address quota as described here.

Users retain ownership of their domain names; it is, however, possible that references to E-monsite may appear in the results of a domain name ownership inquiry (WHOIS).

E-monsite agrees to accede to any request to transfer a User's domain name to another hosting provider when and as required by the User.

The renewal of this service is neither compulsory nor automatic. In the event of a Domain namePRO subscription lapsing, the domain name will be deactivated, and the User's e-mail addresses and e-mail messages deleted. This will not, however, result in the deletion of a User's site nor of its contents.

3. StorePRO

Offered for an annual fee of €155, this service enables Users to add an online store to the website for which the service is subscribed. Full details are available here.

Renewal of this service is neither obligatory nor automatic.

In the event a StorePRO subscription is not renewed, the User's store will remain online, however only 5 products will remain published.

4. BookingPRO

Offered for an annual fee of €60, this service enables Users to add booking features to the website for which the service is subscribed. Full details are available here.

Renewal of this service is neither obligatory nor automatic.

In the event a BookingPRO subscription is not renewed, one of the User's rentals will remain online, and features such as online payment handling, linked to the BookingPRO service, will be disabled.

5. RestaurantPRO

Offered for an annual fee of €60 (inc. taxes), this service enables Users to publish information about their restaurant on the website for which the service is subscribed. Full details are available here.

Renewal of this service is neither obligatory nor automatic.

In the event a RestaurantPRO subscription is not renewed, the User's restaurant content is no longer published on their website. All content is preserved and can continue to be edited from within the site manager.

6. PackSMS

Offered for a per-pack fee of €15 for 100 SMS credits, this service enables the reception of SMS messages on a supported device and network:

  • whenever an event (selected from the list of available notification types and enabled manually by the User) occurs on the User's website (full details are available here);
  • or via SMS marketing campaigns to selected site members.

The User undertakes and assumes full and complete responsibility, recognizing that E-monsite's responsibility cannot under any circumstances be engaged, for the following:

  • messages sent conform to applicable legislation and regulations, notably concerning standards of public order and morality;
  • this service is used in conjunction with a formal and licite activity official activity for which the User holds all necessary legal documentation, declarations and authorisations;
  • messages sent must not include content which is manifestly illegal in the relevant legal jurisdiction(s), including that of France, notably but not limited to content which is pornographic, pedophilic, incites racial hatred, is defamatory, injurious, slanderous, constitutes denial of crimes against humanity, incites murder, prostitution or intrusive to privacy;
  • messages must not include content susceptible to infringe or that infringe intellectual property or other rights of any third-party;
  • the rights and wishes of third-parties are respected and upheld, and that all necessary contact be made when and as necessary with individuals, organisations and authorized bodies;
  • immediate cessation of any message sending on request by emyspot, its providers, operators and/or relevant legislative body or their legally empowered representatives;
  • avoid any unsolicited message sending.

In the event these obligations are not met by the User, whether alleged or proven, E-monsite reserves the right to immediately suspend the User's service, without compensation.

As SMS messages are delivered using a third-party service provider, E-monsite cannot guarantee delivery or delivery delays of SMS messages sent via this service.

E-monsite cannot be held responsable in the event of a service breakdown, independent of its origin (including but not limited to the Internet or mobile service providers). In the event of a service disruption, E-monsite will ensure that all necessary steps are taken to restore the service as quickly as possible and to inform affected clients where possible. E-monsite cannot be held liable under any circumstances.

In order for the service to function as intended, Users must ensure that their mobile telephone number is kept up to date, and that their service provider is compatible with the service purchased (see this page for details of coverage).

The service will remain active until all credits are exhausted, credit repurchases or top ups are neither obligatory nor automatic.

In the event that all SMS credits purchased by the USER are exhausted, SMS notification messages will cease. Users cannot be refunded in full or in part if their network or device is not compatible with the service, or in the event that their site and/or account are closed for any reason (including but not limited to a User deleting the site and/or account, and the site and account being suspended or removed for non-compliance with the emyspot Terms of Use).

Webmasters cannot be refunded in full or in part for non-use of this service (in whole or in part).

This service is limited to the provision of means, not of results.

7. PackMAIL

Offered for a fee of €30 (inc. taxes) per year (whether in whole or in part), this service enables Users to increase their e-mail quotas by 10 e-mail addresses, 10 redirected e-mail addresses (aliases) and 1GB of online e-mail storage for e-mail services linked to an existing Domain namePRO subscription. Full details are available here.

Multiple PackMAIL subscriptions can be combined with a single existing Domain namePRO subscription (up to 9 PackMAILs). PackMAIL subscriptions are uniquely and intimately linked to a Domain namePRO subscription, and share its existing expiry date at the time of subscription.

Renewal of this service is neither obligatory nor automatic.

In the event the Domain namePRO subscription to which the PackMAIL is attached is not renewed, the User's domain name and all e-mail accounts linked to the subscriptions are disabled, and all e-mails and associated files deleted from the mail servers. The website and its content is preserved and can continue to be edited from within the site manager, and viewed online from their default addresses.

In the event that multiple PackMAIL subscriptions are in place for a given Domain namePRO subscription, when the domain subscription is renewed the real usage of the subscriptions are calculated and any unused PackMAILs automatically removed from the renewal subscription price.

8. Offer SSL Certified

Offered for a price of 45 € tax.inc. a year, (whether in whole or in part), this service allows you to benefit from an SSL Certified that gives you an https connection ensuring your website and all information exchanged between your website and the site users is secure. Details about the ofer can be found on this page.

The offer SSL subscriptions function only when combined with a VersionPro and the Domain namePRO subscription. The SSL Certified last one full year, and you can purchase up to three years at once. At the end of the third year, you can renew for another 1-3 years.

Renewing this service is not required nor automatic.

In the event the Domain namePRO subscription to which the SSL Certified is attached is not renewed, the User's SSL certificate will no longer function. The website and its content is preserved and can continue to be edited from within the site manager, and viewed online from their default addresses.

B. Payment terms

1. Payment delays

Payment must be received prior to activation of the service in question. Under no circumstances can a service be activated before full payment has been received.

2. Payment modalities

E-monsite accepts the following types of payment:

  • Credit cards (secure online payments via Paybox or PayPal, cards accepted vary by country or purchaser and currency selected for payment)
  • Inter-bank transfers (in euros, national or international, all costs associated with the transfer to be covered in full by the purchaser)
  • Payments by cheques (in euros) drawn on French banks are also accepted.

3. Taxes

Final sales prices include relevant sales taxes, and remain fixed regardless of the tax rate actually applied to the sale (0%, 8.5%, 20.0% etc.):

  • VersionPLUS = €45
  • Domain namePRO = from €35
  • StorePRO = €155
  • BookingPRO = €60
  • RestaurantPRO = €60
  • PackSMS = €15
  • PackMAIL = €30
  • SSL = €45

- Within France

Sales tax (TVA/VAT) of 20% applied to all sales for all clients, whether or not they are exempted.

- EU member nations (excluding France)

Taxable (VAT) clients resident within the EU (outside France): prices are as above, inclusive of a 0% tax rate. Such clients must provide their VAT ID number.

Non-taxable (VAT) clients resident within the EU (outside France): VAT is charged at a rate of 20% for sales prior to 01/01/15, and at the applicable domestic VAT rate of the billing country provided by the client for purchases made from 01/01/15.

- French Overseas Departments (DOMs)

Clients residing in Guadeloupe, Martinique and Réunion will be taxed at a rate of 8.5%. TVA is currently not applicable in Guyane.

- All other clients

For non-EU/DOM clients, sales are exclusive of sales taxes (a sales tax rate of 0% will be applied, and the following note will appear on invoices: sale outside EU - VAT directive, art. 44).

C. Rights and obligations of all parties

1. E-monsite

E-monsite agrees to provide the purchaser with the service as described, in a useable state.

E-monsite undertakes not to release, trade or sell personal information relating to emyspot Users, or those of members of sites created by emyspot Users.

2. The purchaser

The purchaser agrees to abide by the Terms of Use of the service. In the event of a breach of the Terms of Use, the purchaser's website may be deleted without any refund of monies paid. In the event of such a breach, E-monsite undertakes, where possible, to firstly inform a purchaser of the breach, deleting a purchaser's website only in the event of force majeure or following a judicial or court order.

In accordance with the provisions of articles L121-20 and following of the French consumer legislation, Users have the right to retract their purchase, without justification, within the 14 days following the receipt of their purchase or the conclusion of the contract for provision of services, except:

  • for services fully executed before the end of the 14-day period, whose execution has already begun in accordance with the purchaser's explicit consent, where the purchaser's explicit consent has also been obtained, waiving their right to retract their purchase in accordance with article L121-21-8, 1° (applies to VersionPLUS, RestaurantPRO, BookingPRO, StorePRO, and PackSMS). The User, having ordered and paid (payment constituting the purchase and immediate execution of the service), recognizes and accepts the immediate execution of services purchased and therefore explicitly waives and renounces their right to retract their purchase ;
  • for contracts for the supply of goods made and personalized to match the purchaser's specifications, the purchaser cannot exercise their right to retract their purchase in accordance with article L121-21-8, 3°. The User acknowledges that the registration, purchase and/or transfer of a domain name (applies to Domain namePRO) via emyspot is, as a result of the User's personalized choice of domain, the supply of a customized good in the sense of the aforementioned article.