1. Definitions

  1. 1.1 These General Terms and Conditions of Sale (hereinafter referred to as "GTC") are offered by the Northhost Association (hereinafter referred to as "The Association"), a Declared Association, registered with INSEE under number 924 598 741 00016, whose email address is contact@northhost.fr.

  2. 1.2 The site offers the Client (hereinafter "the Client") the ability to view the services provided by Northhost; The client area allows customers to order and manage their subscriptions (hereinafter "Services"), as well as to preview their invoices.

  3. 1.3 Before any use of the site, the client must ensure that they have the technical and IT means necessary to use the site and order services on the site, and that their browser allows secure access to the site. The client must also ensure that the IT configuration of their hardware/equipment is in good condition and free of viruses.

2. Application and Enforceability of the GTC

  1. 2.1. These General Terms and Conditions of Use aim to define all the conditions under which the company markets the services as offered for sale on the site to clients. They therefore apply to any order (hereinafter "Order") for services placed on the site by the client.

  2. 2.2. The client declares having read and accepted these GTC prior to placing their order.

  3. 2.3. The validation of the order constitutes acceptance of these GTC. They are regularly updated, and the applicable GTC are those in force on the site at the date of order placement.

  4. 2.4. Any contrary condition set by the client would, in the absence of express acceptance, be unenforceable against Northhost regardless of when it was brought to their attention.

  5. 2.5. The fact that Northhost does not rely on any provision of these GTC at any given time cannot be interpreted as a waiver to rely on any provision of said GTC subsequently.

3. Ordering Services on the Site

Northhost reserves the right to correct the site's content at any time without prior notice.

  1. 3.1. The client selects the service(s) they wish to purchase and can access the summary of their order at any time.

  2. 3.2. The order summary presents the list of service(s) the client has selected and includes any additional fees. The client has the opportunity to modify their order and correct any errors before accepting their order.

  3. 3.3. After accessing the summary of their order, the client confirms acceptance of their order by checking the box validating the GTC and then clicking on the order validation icon.

  4. 3.4. After acceptance of the GTC and validation of the order with an obligation to pay, the contract is validly concluded between Northhost and the client and binds them irrevocably.

  5. 3.5. After validating their Order and in order to proceed with payment, the client must log in or create an account. If they need to create an account, they will be asked to provide a Name, First Name, Phone Number, and a valid email address. The process of receiving the service(s) is described in Article 5 of these GTC.

  6. 3.6. Northhost then sends a confirmation of the order by email, summarizing the elements of their order summary.

  7. 3.7. After validating their details, the client proceeds to pay for their order according to the methods specified below.

4. Price and Payment Terms of the Order

  1. 4.1. Prices are listed on the site in the service descriptions, in euros and all taxes included.

  2. 4.2. The total amount is indicated in the order summary, before the Client accepts these GTC, validates their Order, provides and validates their details and, if applicable, billing details, and proceeds to payment. This total amount is indicated inclusive of all taxes.

  3. 4.3. Ordering services on the site is payable in euros. The full payment must be made on the day of the order by the client, by credit card, PayPal, SEPA direct debit, or PaysafeCard, unless there are special sales conditions expressly accepted by the client and Northhost.

  4. 4.4. In the case of payment by PaysafeCard, additional fees of 15% of the order price will be automatically added.

  5. 4.5. In the case of payment by credit card or SEPA, the Site uses Stripe's security system, a provider specialized in securing online payments. This system ensures complete confidentiality of the Client's banking information. The credit card transaction, carried out between the Client and the secure system, is therefore fully encrypted and protected. Stripe's General Terms of Use are available at the following address: https://stripe.com/fr/privacy.

  6. 4.6. The client guarantees Northhost that they have the necessary authorizations to use the payment method when placing the order.

  7. 4.7. Northhost reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount owed by the Client to Northhost, in the event of a payment incident, the company reserves the right to request all amounts due, in the event of fraud or attempted fraud related to the use of the site and payment of an order.

5. Use of Services

  1. 5.1. The service(s) is/are automatically delivered to the Client within a maximum of 24 hours from the validation of their Order.

  2. 5.2. The client must ensure that the information provided when placing their order is correct.

  3. 5.3. Northhost will also not be responsible if the non-receipt of services is due to any maintenance or malfunction of the delivery system.

6. Customer Service

  1. For any information request, clarification, or complaint, the Client must first contact Northhost's customer service to allow them to attempt to find a solution to the problem.

  2. Northhost's customer service is accessible and displayed on the Internet using the following contact details:

    Discord Client Area or via our email info@northhost.fr

7. Obligations of the Client

  1. The client agrees to respect the terms of these GTC.

  2. The Client agrees to use the Site and services in accordance with Northhost's instructions.

  3. The Client agrees that they will only use the Site for personal use, in accordance with these GTC. In this regard, the Client agrees to refrain from:

    • Using the Site in any illegal manner, for any illegal purpose, or in any manner incompatible with these GTC. - Selling, copying, reproducing, renting, lending, distributing, transferring, or sublicensing any or all of the content on the Site or decompiling, disassembling, reverse engineering, modifying, displaying in a readable form by the Client, attempting to discover any source code, or using any software activating or comprising any part of the Site.

    • Attempting to gain unauthorized access to the Site's computer system or engaging in any activity disrupting, diminishing the quality, or interfering with the performance or deteriorating the functionalities of the Site. - Using the Site for abusive purposes by intentionally introducing viruses or any other malicious programs and attempting to access the Site without authorization. - Infringing Northhost's intellectual property rights. - Defaming the Site.

  4. If, for any reason, Northhost considers that the Client is not complying with these GTC, Northhost may at any time, at its sole discretion, delete their access to the Site, delete owned services, and take all measures including any civil and criminal legal action against them.

8. Right of Withdrawal

  1. In accordance with Article L 221-28, 3° of the Consumer Code,

    "The right of withdrawal cannot be exercised (…) for contracts for the supply of goods made to the consumer's specifications or clearly personalized (…)."

    According to the Consumer Code, Article L 221-28, 1°, the Client cannot exercise their right of withdrawal for Services fully executed before the end of the withdrawal period and whose execution has begun after the consumer's express agreement and express waiver of their right of withdrawal.

    From the moment of payment validation, the Client has access to their service(s). The Client formally acknowledges and agrees that, in all situations where they expressly accept the execution of the Service or use the Service, and expressly waive their right of withdrawal before the expiration of the withdrawal period, they cannot validly invoke this right.

    The same applies in the case of configuration changes. NorthHost offers its clients the option to request a refund of their services within 14 days of payment in the form of credit on the site. NorthHost reserves the right to refuse the request if the reason is not valid. No refunds are made for canceled or expired services. Please note that once the procedure is completed, the refund is prorated for the remaining period until the expiration of the concerned service.

    No refunds are made, except in the form of credit on the site, regardless of the payment method used.

  2. We would like to remind you that Northhost is not able to refund automatic payments made via PayPal after the termination of your subscription. Please note that the responsibility for managing your PayPal account lies entirely with you.

9. Liability

  1. Northhost implements all measures necessary to ensure the Client the provision, under optimal conditions, of quality service(s). However, Northhost's liability cannot be held responsible for any non-performance or poor performance of any or part of the services provided under the contract, which would be attributable either to the Client, to the unforeseeable and insurmountable actions of a third party outside the contract, or to a force majeure event. More generally, if Northhost's liability were to be engaged, it could not in any case agree to compensate the Client for indirect damages or damages whose existence and/or quantum are not established by evidence.

  2. Northhost shall not be held liable for damages caused by misuse or improper security setup of any of its products/services.

  3. The Site may contain links to other sites not published or controlled by Northhost, which cannot be held responsible for the operation, content, or any element present or obtained through these sites.

  4. The placement of such links or the reference to any information, articles, or services provided by a third party should not and must not be interpreted as an express or implied endorsement by Northhost of these sites and their elements or content.

  5. Northhost is not responsible for the availability of these sites and cannot control their content or validate the advertising, service(s), and other information disseminated on these websites.

  6. It is expressly stipulated that Northhost cannot in any case be held liable, in any way, for instances where the Client's computer hardware or email messaging rejects, for example, due to an anti-spam filter, emails sent by Northhost, including but not limited to the payment receipt, order summary, or shipping tracking email.

  7. The Client is fully aware of the provisions of this article and, in particular, the aforementioned guarantees and limitations of liability, essential conditions without which Northhost would never have contracted.

  8. Northhost provides the client with an optional backup system. Northhost shall in no way be responsible for any data loss if it has not been subscribed to by the client.

10. Security

The Client agrees not to compromise the security of the Site. To this end, they agree not to engage in any unauthorized access and/or maintenance within the company's information system. The Client also cannot compromise or interfere with the company's information system. Failing this, Northhost may take any measures and, notably, engage its criminal liability under Articles 323-1 and following of the Penal Code.

Intellectual Property and Personal Data

  1. All elements of this site and the site itself are protected by copyright, trademark law, design and model rights, and/or all other intellectual property rights. These elements are the exclusive property of Northhost. All these rights are reserved worldwide.

  2. The name and brand, logos, designs and models, stylized letters, figurative trademarks, and all signs displayed on this Site are and remain the exclusive property of Northhost.

  3. No title or any other right on any element or software can be obtained by downloading or copying elements from this Site. The Client is strictly prohibited from reproducing (except for personal and non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to this Site and the elements and software it contains, modifying them, or performing any work using them as a basis, nor selling or participating in any sale related to this Site, its elements, or any related software.

  4. The Client expressly agrees that Northhost cannot in any way be held responsible for any damages resulting from the Client's misuse or improper security setup of any of Northhost's products/services.

  5. Northhost understands that data protection and privacy are crucial issues for all internet users visiting the Site. Northhost commits, in accordance with GDPR regulations, to respect your privacy and protect your personal data, i.e., data that can directly or indirectly identify you as a person.

  6. As part of the order process, Northhost collects personal data from the Client. Northhost commits to protecting the Client's personal data.

  7. Files containing personal data necessary for the order are specifically stored on the Site's hosting provider's servers. This provider ensures compliance with the General Data Protection Regulation (GDPR) requirements. Northhost does not share or trade clients' personal data.

  8. At the stage of the order or on the Site, the Client expressly consents to the collection and processing of their personal data necessary to process orders.

  9. The personal data collected by Northhost are intended to facilitate the execution of the order. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including in view of legal provisions and tax obligations.

  10. In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004, known as "Informatics and Liberties," and the General Data Protection Regulation (GDPR), subject to proving your identity, any Client, regardless of their nationality, has the right to access, modify, and delete their personal data. Each Client also has the right to request the limitation of the processing of their data and has the right to data portability and the right to object to the processing of their personal data.

  11. For the purposes of this clause and, in particular, to ensure the confidentiality treatment of Clients' data, Northhost designates, in accordance with the provisions of the General Data Protection Regulation (GDPR), a Data Protection Officer, who can be contacted at the following email address: info@northhost.fr.

  12. In any case, any Client has the right to make any complaint to the CNIL (French Data Protection Authority).

12. Applicable Law and Jurisdiction

  1. These GTC are governed and interpreted in accordance with French law, without taking into account conflict of law principles.

  2. In the event of a dispute arising from the interpretation and/or execution of these GTC or in connection with these GTC, the Client may decide to submit the dispute with Northhost, meaning that any dispute may result in the immediate deletion of the client's data and services without prior notice.

  3. If this mediation procedure fails or if the Client wishes to bring a case before a court, the rules of the French Code of Civil Procedure will apply.