Terms of Sale

Registration with emyspot and the use of its tools and services require the full acceptance of these terms.

Last updated: 20 September 2024

Preamble

These General Terms of Sale (hereinafter the "Terms of Sale") describe the terms and conditions under which emyspot (see legal notice) provides paid services on the emyspot website-creation tool.

This Contract is governed by French law.

Legal notice

emyspot is published by SARL E-monsite:

SARL E-monsite
19 rue Lamartine
80000 Amiens
France

A. Description of the services

The company markets several services on emyspot.

Unless otherwise stated, prices are expressed in euros and inclusive of all taxes. The amount is payable in advance upon submission of the Order Form.

1. PERSO plan

Offered at €54 (incl. tax) for one year, this service is reserved exclusively for individuals; it removes advertising, increases the storage quota of the website for which it is taken out, and provides a members' area. Full details are available on the corresponding offer page.

The contract is concluded for a 12-month term, according to the option chosen by the user. At the end of this initial period, the contract will be automatically renewed by tacit renewal for successive periods of the same duration, unless terminated by the user. The user may terminate the contract at any time up to the day before the renewal anniversary date. To exercise this right of termination, the user must follow the unsubscription procedure described on the "Manage my subscription" page.

2. PRO plan

Offered at €66 (incl. tax) for one year, this service removes advertising and increases the storage quota of the website for which it is taken out, provides a larger members' area and a higher number of products in the free store module. Full details are available on the corresponding offer page.

If the service is not renewed, the customer's site reverts to the free version. It will under no circumstances be deleted.

*Unlimited pages: technical limit of 30,000 pages.

3. Domain name PRO

Offered from €35 (incl. tax) for one year, this service provides a domain name linked to the website for which it is taken out, as well as 3 email accounts. Full details are available on the corresponding offer page.

In the event of prolonged inactivity of an email mailbox linked to a Domain name PRO service (no connection or use detected), it may be deleted after a period of 6 months.

SARL E-monsite reserves the right to suspend or ban a user account if suspicious or malicious activity is detected, in order to preserve the stability, security and quality of its services. This measure will be taken after verification and without prejudice to the rights of the users concerned.

The user remains the owner of their domain name. References to SARL E-monsite may appear in the domain's whois.

SARL E-monsite undertakes to accept the transfer of the domain name to another provider at the customer's request.

If the domain is included or offered, in whole or in part, in a combined offer (Business, Business+, E-Commerce or E-Commerce+), it provides a domain name worth up to €39 (incl. tax). If the amount is higher, the difference will be billed in addition. The domain name may be retrieved for an external transfer after 3 months of subscription. If the 3-month condition is not met, the transfer will be billed at €39 (incl. tax).

The Secondary domain offer, available from €20 (incl. tax) for one year, provides a domain name that will be redirected to the main domain name of the website for which it is taken out. A Domain name PRO offer is required in order to access this offer.

The terms of sale applied to this offer are the same as for the Domain name PRO offer.

Should your domain name enter the redemption phase, i.e. 7 calendar days after the domain's expiry date, the renewal plus the management fees required to reactivate the domain will amount to €100.00 (incl. tax). This measure is in place to cover the administrative and technical costs associated with recovering the domain name during this specific period. After a period of 28 days, the domain may no longer be recoverable. If your domain name is no longer offered for renewal in the manager, please contact our support team.

User's obligation to subscribe and renew. When the domain name is included, offered or billed at €0 as part of an emyspot offer (Business, Business+, E-Commerce or E-Commerce+), the user remains responsible for carrying out the initial subscription as well as the annual renewal of this domain name. The inclusion of the domain in the offer does not exempt the user from carrying out the necessary actions from their emyspot manager.

No liability in the event of expiry or loss of the domain. emyspot may under no circumstances be held responsible for the expiry, loss or non-renewal of a domain name where such situations result from a lack of action or a delay on the part of the user (failure to renew in time, no response to the registrar's emails, outdated contact details, etc.). It is the user's responsibility to keep their information up to date, to monitor the notifications received and to renew their domain before the expiry date.

Identity verification by the registrar. In accordance with the registrars' rules, an identity-verification email may be sent at any time to the owner of a domain name. The user undertakes to respond to this validation procedure within the required time. Failing any action on their part within a maximum period of sixty (60) days, the registrar will automatically delete the domain concerned. In this case, if the user wishes to recover the domain name, they will have to make a new purchase at the current rate. No refund can be made by emyspot.

4. Business plan

Offered at €186 (incl. tax) for one year, this service provides 6 GB of storage space, a members' area for an unlimited number of registrants, the CMS's multilingual features and included SSL security, subject to having a Domain name PRO offer. Full details are available on the corresponding offer page.

This service also includes a domain name offered up to €39 (incl. tax). If the amount of the domain name is higher, the difference will be billed in addition. The domain name may be retrieved for an external transfer after 3 months of subscription. If the 3-month condition is not met, the transfer will be billed at €39 (incl. tax).

This service may also be taken out in the form of a monthly subscription (minimum duration of three months) for a monthly price of €21 (incl. tax).

The contract is concluded for a term of 1 month or 12 months, according to the option chosen by the user. At the end of this initial period, the contract will be automatically renewed by tacit renewal for successive periods of the same duration, unless terminated by the user. The user may terminate the contract at any time up to the day before the renewal anniversary date. To exercise this right of termination, the user must follow the unsubscription procedure described on the "Manage my subscription" page.

This offer includes access to the emyspot Stats tool at no additional cost.

*Unlimited pages: technical limit of 30,000 pages.

5. Business+ plan

Offered at €288 (incl. tax) for one year, this service provides 6 GB of storage space, a members' area for an unlimited number of registrants, the CMS's multilingual features and included SSL security, subject to having a Domain name PRO offer. Full details are available on the corresponding offer page.

In addition to these services, the Business+ offer includes one of the following two pieces of software, of your choice:

Appointment-booking software Madate.fr (100 appointments per month, equivalent to the Standard offer)
Seasonal-rental management software Mesresa.fr (first property included; additional properties will be billed in addition)

This offer also includes telephone assistance once a year, for a duration of 30 minutes, with the emyspot support team on the subject of your choice.

This service may also be taken out in the form of a monthly subscription (minimum duration of two months) for a monthly price of €34 (incl. tax).

This offer includes access to the emyspot Stats tool at no additional cost.

*Unlimited pages: technical limit of 30,000 pages.

6. E-Commerce plan

Offered at €324 (incl. tax) for one year, this service makes it possible to use all the features of the Store module and to publish an unlimited number of products, for the website for which it is taken out. Full details are available on the corresponding offer page.

This service may also be taken out in the form of a monthly subscription (minimum duration of two months) for a monthly price of €37 (incl. tax).

If the service is not renewed, the store remains accessible on the site, but only 10 products may be displayed simultaneously on the site, and the features specific to the paid version of the Store module will be inaccessible. The store and its existing content will under no circumstances be deleted and will remain accessible from the manager.

This offer includes access to the emyspot Stats tool at no additional cost.

*Unlimited pages: technical limit of 30,000 pages.

***Unlimited products: technical limit of 50,000 products.

7. E-Commerce+ plan

Offered at €660 (incl. tax) for one year, this service makes it possible to use all the features of the Store module and to publish an unlimited number of products, for the website for which it is taken out. Full details are available on the corresponding offer page.

In addition to these services, the E-Commerce+ offer includes access to all of the following software:

Customer-review collection software E-confiance.fr (100 review requests / month, equivalent to their Pro offer)
Invoicing software Wuro.fr (100 documents / month, equivalent to the Toucan offer)
Customer-relations software Luminjo.com (100 tickets / month, equivalent to the Discover Jo offer)

This offer also includes telephone assistance once a year, for a duration of 30 minutes, with the emyspot support team on the subject of your choice.

This service may also be taken out in the form of a monthly subscription (minimum duration of two months) for a monthly price of €65 (incl. tax).

This offer includes access to the emyspot Stats tool at no additional cost.

*Unlimited pages: technical limit of 30,000 pages.

**Unlimited products: technical limit of 50,000 products.

8. SMS Pack

The SMS Pack is offered at the price of €15 (incl. tax) for 100 SMS credits. This service allows the webmaster of a site to receive notifications by SMS, on a compatible telephone and network:

as soon as an action listed on the corresponding offer page is carried out on their website (example: registration of a new customer, new order awaiting processing, etc.);
or by sending SMS messages to the members of their site, as part of marketing-type sending campaigns.

The webmaster undertakes, under their own responsibility — emyspot's liability not being engaged on any of these grounds:

to ensure that these mailings comply with the legal and regulatory provisions in force, and in particular with public decency and public order;
to ensure that the use of this sending service falls within the framework of an official and legally lawful activity for which they hold all the necessary approvals and authorisations;
not to send messages whose content is manifestly contrary to the regulations currently in force in France and in particular, without this list being exhaustive, content that is pornographic and/or pedophilic and/or inciting racial hatred and/or defamatory and/or insulting and/or that denies crimes against humanity and/or constitutes incitement to murder and/or procuring and/or that infringes privacy;
not to send messages whose content could constitute an infringement or that could infringe an intellectual property right of any third party whatsoever, or any other right;
to ensure respect for the rights of third parties and to contact, if necessary depending on the content of the messages, the bodies authorised for this purpose;
to immediately interrupt any message-sending campaign at the simple request of emyspot, its providers, the Operators and/or any competent national authority;
to refrain from any sending of SMS not solicited by the recipient.

In the event of a breach, alleged or proven, of these obligations brought to its attention, emyspot reserves the right to suspend this service immediately, without giving rise to any compensation on its part to the webmaster.

As the sending of each message is provided by a third-party service, emyspot guarantees the transfer of the information necessary for the sending of each message to this provider, but does not in any way guarantee the delivery of the SMS to the final recipient. emyspot cannot be held responsible in the event of a malfunction of the networks, whether internet or telephone. In the event of a paralysis of the service detected by emyspot, whatever its origin, emyspot will do everything possible to restore it as quickly as possible and to inform the users of this service. emyspot's liability will not be engaged.

It is the webmaster's responsibility to ensure that mobile telephone numbers are kept up to date, accessible and do not include any premium-rate number. They must also ensure that the networks are compatible with the list of networks mentioned on this page. The renewal of this service is neither mandatory nor automatic. The webmaster cannot claim any refund if the mobile telephone network is not compatible, or if a destination telephone number for the mailings is not correctly entered, or is incompatible with this service.

The webmaster cannot claim any refund if they do not use the entire pack.

This service is an obligation of means and not of result.

9. Email Pack

Offered from €30 (incl. tax) for one year (full or partial), this service increases by 10 the quota of email accounts, by 10 that of redirections, and by 1 GB the email storage space, linked to an existing Domain name PRO service. Full details are available on the corresponding offer page.

Email Packs can be combined on the same Domain name PRO service (up to a maximum of 9 Email Packs). Linked to the Domain name offer for which it is taken out, it thus shares the expiry date of the Domain name PRO service to which it is linked.

If the Domain name PRO service to which it is attached is not renewed on its expiry date, the domain name and any email account associated with the services will be deactivated, and the emails stored on our server deleted. The member site will under no circumstances be deleted.

The renewal amount of the Email Pack(s) is automatically adjusted in the event of non-use of all the packs already taken out (for example, if 2 packs have been taken out but only 10 additional email accounts created out of the total possible of 20, and 500 MB of email storage space used out of the 2 GB possible, the renewal of the Domain name PRO service affects only a single Email Pack).

10. SSL Pack

Offered from €45 (incl. tax) for one year (full or partial), this service secures the data exchanged between a website and users. Full details are available on the corresponding offer page.

The SSL Pack may be taken out for a maximum duration of 1 to 3 years, beyond which a new certificate must be issued.

The contract is concluded for a term of 12 months or less depending on the expiry date of the Domain name PRO, according to the option chosen by the user. At the end of this initial period, the contract will be automatically renewed by tacit renewal for successive periods of the same duration, unless terminated by the user. The user may terminate the contract at any time up to the day before the renewal anniversary date. To exercise this right of termination, the user must follow the unsubscription procedure described on the "Manage my subscription" page.

If the Domain name PRO service to which it is attached is not renewed, the offer cannot be maintained, as the implementation of the protocol is only possible on a site with the Domain name offer. The member site will under no circumstances be deleted.

This service is included in the Business, Business+, E-Commerce and E-Commerce+ plans (provided a domain name included with and associated with the site has been activated).

11. Domain Connect

The Domain Connect service is offered only via online support, available from the "Help > Online support" menu of the manager. This service makes it possible to associate an external domain name to link it to the webmaster's website. This service, billed at €15/year, does not include the cost of renewing the domain or the email service, which must still be taken out/renewed with the provider from which the domain was acquired.

An A-type record is required to set up the domain on the site. The webmaster must therefore have access to modify the DNS zone of their domain in order to set up this offer.

12. Creative Genius Pack

The Creative Genius Pack is offered in the form of credits allowing the webmaster of a site to create content (texts and images), optimise SEO, or configure elements of their website using artificial intelligence. Each generation of content or use of the AI tool deducts one or more point(s) from the pack taken out.

Two packs are available:

Pack of 200 points: €20.00 (incl. tax)
Pack of 600 points: €50.00 (incl. tax)

Depending on the subscription taken out, a number of points is included and recharged at each renewal (unused points are lost and cannot be carried over at subscription renewal):

FREE version: 2 points
PERSO version: 10 points
PRO version: 30 points
BUSINESS version: 200 points
BUSINESS+ version: 400 points
E-COMMERCE version: 200 points
E-COMMERCE+ version: 400 points

The webmaster undertakes, under their own responsibility — emyspot's liability not being engaged on any of these grounds:

to ensure that the content created via the Creative Genius tool complies with the legal and regulatory provisions in force, and in particular with public decency and public order;
to ensure that the use of this service falls within the framework of an official and legally lawful activity for which they hold all the necessary authorisations;
not to generate content contrary to the regulations in force in France, including, without this list being exhaustive, content of a pornographic or pedophilic nature, defamatory, inciting racial hatred, infringing privacy, or infringing the rights of a third party;
to respect the intellectual property rights of third parties and to obtain, if necessary, the authorisations of the bodies concerned before generating content;
to immediately cease all use of the service at the simple request of emyspot, its providers or any competent authority.

In the event of a breach, alleged or proven, of these obligations, emyspot reserves the right to immediately suspend access to the service, without any compensation being claimed.

The artificial intelligence used in the Creative Genius Pack is based on third-party technologies. emyspot guarantees the transfer of the information necessary to these services, but cannot in any way guarantee the quality or relevance of the generated content. emyspot cannot be held responsible in the event of a malfunction of the third-party services or temporary unavailability of the Creative Genius tool. In the event of a paralysis of the service detected by emyspot, everything will be done to restore it as quickly as possible.

The webmaster is responsible for the appropriate use of the pack's points and for their proper management. The renewal of this service is neither mandatory nor automatic. The webmaster cannot claim any refund if they do not use all the points available in the pack.

This service is an obligation of means and not of result.

13. 3-in-1 offer at €10 / month (offer ended on 31/08/2024)

The 3-in-1 offer makes it possible to create a professional website. It includes hosting (PRO version), a pro domain name in .fr or .be exclusively, and an SSL certificate for €10 per month. The subscription is taken out online and an account manager helps to finalise the process. The offer is reserved for new customers. To subscribe, the customer must pay €110 for annual payment or €10.00 (incl. tax) in monthly payments. The subscription renews indefinitely by tacit renewal. The domain name may be retrieved for an external transfer after 3 months of subscription.

14. emyspot Stats

This service gives access to a dashboard of site-visit and performance statistics (audience indicators, page views, traffic sources, periods, exports, etc.).

Access to emyspot Stats is included at no additional cost in the Business, Business+, E-Commerce and E-Commerce+ offers.

For the other offers, access is available at the rate of €45 (incl. tax) / year (full or partial year).

The contract is concluded for a 12-month term and renews by tacit renewal, unless terminated before the anniversary date according to the procedure described in "Manage my subscription".

B. Payment terms

1. Payment deadlines

Payment must be made before the activation of the service. Under no circumstances can the service be activated before receipt of payment.

2. Means of payment

SARL E-monsite accepts:

Payment by bank card. This payment is secured by Stripe. The cards accepted are: VISA, MASTERCARD and CB.
Automatic SEPA direct debits. This payment is secured by Stripe.
French bank cheques.
National and international bank transfers. Transfer fees are borne by the buyer.

3. Taxes

Prices inclusive of tax are understood to be sale prices. Whatever the tax (0%, 8.5% or 20%), the sale prices remain fixed:

PERSO version = €54
PRO version = €66
Business version = €186
Business+ version = €288
E-Commerce version = €324
E-Commerce+ version = €660
Domain name PRO = from €35
SMS Pack = €15 for 100 SMS credits
Email Pack: €30/year (full or partial year)
SSL Pack: €45/year (full or partial year)
3-in-1 Pack = €120/year (full or partial year)
emyspot Stats tool: €45/year (full or partial year)

In France: application of 20% VAT for customers liable and not liable for VAT.

EU Member State (excluding France): for customers liable for VAT and established in another Member State of the European Union (excluding France), invoicing will be carried out at the sale prices shown above with 0% VAT. To this end, you must provide us with your VAT identification number.

For customers not liable for VAT and established in another Member State of the European Union (excluding France), the VAT of the consumer's country will apply. E.g.: purchase of the service made from Belgium, application of 21% VAT.

French Overseas Departments: for customers in the French Overseas Departments (Guadeloupe, Martinique and Réunion), 8.5% VAT will apply. VAT is provisionally not applicable in French Guiana.

Rest of the world: for customers located outside the EU and outside the French Overseas Departments, invoicing will be carried out at the sale price with 0% VAT. (Note on the invoice: transaction located outside the European Community, art. 44 of the VAT Directive.)

C. Rights and obligations of the parties

1. Of SARL E-monsite

SARL E-monsite undertakes to ensure the availability of the site and of the buyer's information.

SARL E-monsite undertakes not to transfer, rent or resell the personal data of the users registered on emyspot or of the members registered on the sites hosted by SARL E-monsite.

2. Of the buyer

The buyer must comply with the Terms of Use of the service. In the event of non-compliance with these, the buyer's website may be deleted without the buyer being able to obtain any refund. Nevertheless, SARL E-monsite undertakes to warn the user in the event of non-compliance with the Terms of Use and to delete the site only in the event of force majeure or following a final court decision.

In accordance with Articles L. 121-20 et seq. of the French Consumer Code, the Customer has a right of withdrawal without reason, within a period of fourteen (14) days from receipt of the good or from the conclusion of the contract for services, with the exception of:

services fully performed before the end of the withdrawal period and whose performance began after the prior express agreement of the consumer and their express waiver of their right of withdrawal in accordance with Article L121-21-8, 1° and 13° (namely, for emyspot, the PERSO, PRO, Business, E-Commerce and SMS Pack offers). The Customer who has placed an order and made payment (payment constituting the sale and the immediate setup of the service) acknowledges and accepts the immediate performance of the service from receipt of payment by our services and therefore expressly waives the exercise of their right of withdrawal.
for contracts for the supply of goods made to the consumer's specifications or clearly personalised, the right of withdrawal cannot be exercised in accordance with Article L121-21-8 3°. The Customer acknowledges that the registration of a domain name (Domain name PRO, Secondary domain and Email Pack offers) with emyspot constitutes, due to the choice made by the Customer regarding the chosen radical and extension, the supply of a personalised good within the meaning of the article referred to. No refund may be required.
Specific case for payments by transfer or cheque: in the event of cancellation of an order before receipt of payment by our services and before activation of the services, if there is a refund request by the Customer, the amounts refunded will be reduced by any bank fees.
In the event of a dispute opened with Stripe concerning a payment linked to a service taken out on emyspot, if this dispute proves to be unjustified after examination, processing fees of €25 (incl. tax) will be billed to the user for the restoration of the offer or site concerned, in addition to the subscription. These fees cover the administrative and technical costs related to handling the dispute and to reactivating the services suspended during the dispute-handling period.

3. Applicable law, attribution of jurisdiction

This contract is governed by French law. Any dispute relating to the performance or interpretation of this contract, not resolved amicably between the Parties, will be submitted to the Commercial Court of Amiens, including in matters of summary proceedings or in the event of a plurality of defendants.

The service is performed from emyspot's servers and administered from our registered office located at the following address: SARL E-monsite, 19 rue Lamartine, 80000 AMIENS, France.

Terms of Sale — emyspot Studio offers

Registration and subscription to the emyspot Studio offer require the full acceptance of these terms.

Preamble

These General Terms of Sale (Terms of Sale) apply in addition to the emyspot Terms of Use. They govern the website and online-store design service offered by emyspot Studio, comprising the creation, the publication and, where applicable, the associated maintenance. They are applicable to all services provided for private or professional customers.

1. General provisions

emyspot Studio offers two types of services:

The creation of showcase sites, comprising the integration of a graphic theme and up to 5 pages.
The creation of online stores, comprising the integration of a graphic theme, up to 5 pages and up to 5 products.

These services may be taken out according to two commercial formulas:

With monthly subscription: design, hosting, domain name, SSL certificate and monthly maintenance.
Without subscription: one-off service payable in a single payment.

The services are carried out from customised templates (graphic theme and colours) according to the elements provided by the customer, without specific development.

2. Service terms and contact

The creation of the sites is carried out taking into account the customer's preferences and the technical capabilities offered by the emyspot platform.

Support from Monday to Friday, 9 a.m. to 5 p.m. (excluding public holidays):

Telephone: +33 9 71 16 97 66
Email: support@e-monsite.com

3. Prices and payment terms

3.1 Showcase site

With subscription

€360 (incl. tax) on order
€39 (incl. tax) / month including Pro hosting, domain name (.fr / .be / .com), SSL certificate, monthly maintenance (1 page max) and an annual call with an account manager

Without subscription

€490 (incl. tax) in a single payment

3.2 Online store

With subscription

€790 (incl. tax) on order
€59 (incl. tax) / month including E-Commerce hosting, domain name (.fr / .be / .com), SSL certificate, monthly maintenance (1 page or 1 product max) and an annual call with an account manager

Without subscription

€990 (incl. tax) in a single payment

3.3 Additional pages and products

Each page or product additional to the base package is billed at €35 (incl. tax).

4. Creation of the site

Customisation of a graphic theme from among those offered by emyspot Studio.
Integration of the content provided by the customer (texts, images, logo, legal pages).
In the absence of content provided, the possibility of integrating content from artificial-intelligence tools and/or royalty-free image banks; emyspot Studio declines all responsibility as to the nature or legal compliance of this content.
Basic optimisation of the home page for search engines, without any guarantee of result or ranking.
Indicative delivery within 5 to 10 business days from the complete receipt of the necessary elements.

The customer provides all the elements (texts, images, legal documents) within 14 calendar days of express request. After this period, no claim can be accepted regarding delays or the suspension of the service.

Delivery of the site is notified by email. Failing any response or modification request within the 7 business days following delivery, the site is deemed approved.

Design and intervention terms

As part of the emyspot Studio services, no graphic mock-up or prototype is provided prior to publication.

The design, integration and modification work is carried out directly on the customer's website, in a live (real) environment, unless otherwise expressly stipulated in the quote.

The customer acknowledges and accepts that:

Graphic, structural or functional adjustments are made directly on the existing site.
Modification requests are made within the framework of the time provided for by the quote or the offer taken out.
Any additional request or substantial modification not initially provided for may be the subject of an additional quote.

The customer is informed that, unless there is a specific request and an additional service, no intermediate validation phase in the form of a static mock-up (PDF, image, external prototype) is included in the service.

5. Maintenance and updates

Formula with subscription

Includes a monthly intervention to add or modify a page or a product (text, images, videos, products). Requests are submitted via the emyspot support request form. Usual completion time: 5 to 10 business days after complete receipt.

Any request exceeding the monthly service may be the subject of additional billing.

Formula without subscription

No maintenance included. Any subsequent request is the subject of a quote.

Common provisions

emyspot Studio may refuse requests that are technically unfeasible, inappropriate, disproportionate or out of scope (complete redesign, multiple creation of pages/products, specific developments).

6. Duration, renewal and termination

Formula with subscription

Initial duration of 12 months, then tacit monthly renewal.
Termination possible by the customer after the initial period.
In the event of a breach of the Terms of Sale/Terms of Use, emyspot Studio may terminate as of right and without delay, after written notification.

Formula without subscription

The contract ends upon delivery of the site. No renewal is provided for.

Effects of termination

Termination entails the cessation of the services and of access to the resources. The sums due remain payable for the period started. The parties cooperate in good faith for the backup of the data, in accordance with the legislation.

7. Rights and obligations of the customer

The customer is solely responsible for the content they provide or have published on their site. They comply with the applicable laws (copyright, image rights, data protection, competition).

The customer refrains from distributing or relaying content that is pornographic or obscene, glorifying violence or terrorism, infringing human dignity or the rights of minors, inciting hatred or discrimination, defamatory, insulting or threatening, or glorifying acts of cruelty towards people or animals. These prohibitions also apply to hypertext links. This is an indicative and non-exhaustive list.

The customer guarantees the technical quality of the files transmitted. emyspot Studio may, at its discretion, replace unsuitable elements with standard industry content.

8. Rights and obligations of emyspot Studio

emyspot Studio may refuse, block or delete any content provided by the customer in the event of doubt as to its legitimacy, compliance or appropriate nature.

emyspot Studio may refuse a modification request that is technically unfeasible or deemed inappropriate. emyspot Studio undertakes not to transfer, rent or resell the personal data of the users or members of the hosted sites.

9. Intellectual property

The design elements (customised graphic themes, layouts, structures) remain the exclusive property of emyspot Studio. The customer obtains a non-exclusive and non-transferable licence of use, strictly limited to the site created as part of the service.

10. Dispute resolution

In the event of a dispute, the parties seek an amicable solution as a priority. Failing an agreement within 30 days after written notification, the dispute is brought before the competent courts of Amiens.

11. Subcontracting

emyspot Studio may entrust certain tasks to qualified subcontractors subject to the same obligations of confidentiality and quality of service. emyspot Studio remains responsible to the customer for proper performance.

12. Limitation of liability

emyspot Studio cannot be held responsible for indirect damages (loss of profit, of business, of data) resulting from the use of the site or of the service.

13. Modification of the terms

emyspot Studio reserves the right to modify these Terms of Sale at any time. Any modification is communicated by email or via a notice on the site. In the event of refusal of the new terms, the customer may terminate without penalty by notifying their decision in writing within 30 days of the communication.

14. Withdrawal

As the services constitute a clearly personalised good, the right of withdrawal is excluded in accordance with Article L121-21-8 3° of the French Consumer Code. No refund is due.