1.2. The Company owns and publishes the website https://www.yoorhosting.com (hereinafter the 'Site'), hosted on its own servers. It may be contacted 24/7, exclusively through the Site's contact form.

1.3. Definitions. 'Client': any person, consumer or professional, who orders a Service. 'Services': web hosting, virtual private servers (VPS), domain names, software and all related services offered on the Site. 'Order': any subscription to a Service on the Site. 'Client Area': the online interface enabling the Client to manage their Services. 'Credentials': the email address, password and, where applicable, the second authentication factor giving access to the Client Area. 'Registrant Contact': the person and email address declared as the Registrant Contact for a domain name. 'Authorization Code': the code (known as EPP or AuthInfo) allowing a domain name to be transferred to another registrar.

1.4. These TCS apply to all Clients, consumer or professional. Where a mandatory provision of consumer law grants a Consumer Client greater protection, that provision applies to that Client instead of the contrary stipulation of the TCS, which remains fully applicable to other Clients.

2. ACCEPTANCE AND AMENDMENT OF THE TCS

2.1. The TCS define the conditions under which the Company sells the Services offered on the Site. They apply to any Order.

2.2. The Client declares that they have read the TCS and accepted them before placing their Order. Validation of the Order constitutes acceptance of the TCS.

2.3. The TCS applicable are those in force on the date of the Order. The Company may amend them; any amendment is notified to the Client by email at least thirty (30) days before its entry into force for ongoing Services. A Client who refuses the amendment may terminate the Service concerned before that date.

2.4. Any contrary condition imposed by the Client is unenforceable against the Company, unless accepted in writing by the Company.

2.5. The Company's failure to avail itself of a stipulation of the TCS does not constitute a waiver of its right to avail itself of it later.

2.6. If a stipulation of the TCS is declared null or deemed unwritten, the other stipulations remain applicable, and the stipulation concerned shall be replaced by the valid stipulation closest to the parties' intention.

3. ORDER

3.1. The Company may correct the content of the Site at any time.

3.2. The Client selects the desired Services and may at any time access the summary of their Order, which indicates the Services chosen, their duration and the total price, including any fees. They may modify their Order and correct errors before validating it.

3.3. The Client validates their Order by checking the box accepting the TCS and then clicking on the validation button bearing the wording 'Order with obligation to pay' or an equivalent formula. The contract is then concluded.

3.4. The Client enters their billing details, then proceeds to payment. The Company sends them an Order confirmation by email.

3.5. The Client warrants the accuracy of the information provided during the Order and undertakes to keep it up to date in their Client Area.

4. PRICES, PAYMENT AND RENEWAL

4.1. Prices are indicated in euros, excluding tax and including all taxes, in the description of each Service. The total amount including all taxes appears in the Order summary.

4.2. Payment is due in full on the date of the Order, by bank card (Stripe), PayPal or bank transfer, unless special conditions accepted in writing by both parties. Bank data is processed exclusively by Stripe and PayPal and is never retained by the Company. The Client warrants that they are authorized to use the chosen payment method.

4.3. Unless terminated by the Client, Services are automatically renewed at their expiration, for an identical duration, at the rate in force. The renewal invoice is issued and sent by email before the expiration date. The Consumer Client is informed by email, between one and three months before expiration, of their ability not to renew the Service.

4.4. Any change in the price of an ongoing Service is notified to the Client at least thirty (30) days before it takes effect; it applies only to the following renewal period.

4.5. In the event of default or payment incident, partial payment or fraud or attempted fraud, the Company may suspend and then terminate the Services concerned, after an email reminder has remained without effect, without prejudice to sums due.

5. SERVICE ACTIVATION AND USE

5.1. The Services are made available automatically upon validation of payment.

5.2. Before any use, the Client ensures that they have the necessary technical means, a browser allowing secure access to the Site and equipment in good working order, free of viruses.

5.3. The Client uses the Services in accordance with the TCS, the documentation and the Company's instructions.

5.4. The Client is solely responsible for their websites, their content, their security, their updates and their operation. They must respond within a reasonable time to reported issues (security, spam, overload), which may affect other users of a shared service.

5.5. The Client is informed that a website migration, performed by themselves or by the Company according to the documentation provided, may cause temporary disruption, more or less significant depending on the method used.

6. CLIENT AREA, CREDENTIALS AND SECURITY

6.1. The Client is solely responsible for the safekeeping, confidentiality and security of their Credentials, their email account and the equipment they use to access the Services.

6.2. Any connection and any operation carried out in the Client Area using the Client's Credentials, in particular Orders, changes of contact details, requests for Authorization Codes and domain name transfers, are deemed to be carried out by the Client and are attributable to them.

6.3. The Company provides the Client with two-factor authentication and recommends that they activate it, as well as use unique and strong passwords.

6.4. The Client shall inform the Company without delay, by support ticket, of any loss, disclosure or suspected use of their Credentials or email.

6.5. In the event of suspected unauthorized access, attack or risk to the security of the Client, other clients or the infrastructure, the Company may, without notice, temporarily suspend access to the Client Area or to a Service, reset Credentials or request identity verification, for the time needed to restore security.

6.6. The Company is not responsible for the consequences of the use of the Client's Credentials by a third party, nor for the compromise of their email or equipment.

7. DOMAIN NAMES

7.1. The Company acts as a reseller, on behalf of the Client, with accredited registrars. The registration, renewal, transfer and management of domain names are subject to the rules of registries (in particular the AFNIC naming charter for .fr) and registrars, which the Client accepts.

7.2. The Client, or the person they designate, is the sole registrant of the domain name. They are solely responsible for its choice and use with regard to third-party rights.

7.3. The Client provides and keeps up to date accurate contact details for the registrant and contacts of the domain name, in particular a valid and secure email address over which they have sole control. Notifications from registries and registrars (codes, confirmations, alerts) are sent to these contact details; the Company is not responsible for their non-receipt or interception.

7.4. The Authorization Code is issued upon request made from the Client Area or according to the registry procedure, and sent to the Registrant Contact. Any transfer carried out using this code is deemed authorized by the registrant.

7.5. Renewal of a domain name requires payment of the corresponding invoice before its expiration. The Company is not responsible for the expiration or loss of a domain name due to non-payment or invalid contact details.

7.6. In the event of a contested transfer or a dispute concerning a domain name, the Company transmits to the Client the technical elements it holds and relays their requests to the registrar. Proceedings before registries, third-party registrars or courts (in particular Syreli or PARL Expert for .fr) remain at the Client's initiative and expense. Any additional assistance may be subject to a quote.

7.7. The Company does not sell domain names without a hosting service. In the event of termination of hosting, the Company may cease to manage the associated domain name(s) and transfer them administratively to its contractual provider dedicated to the relevant extension.

8. CLIENT OBLIGATIONS AND PROHIBITED USES

8.1. The Client complies with the TCS and applicable regulations. They use the Services for their personal or professional use.

8.2. The Client is prohibited from: using the Site or the Services in an unlawful manner or in a manner incompatible with the TCS; copying, reselling, decompiling or modifying all or part of the Site or its software; attempting to access the Company's computer system without authorization or disrupting its operation; intentionally introducing viruses or malicious programs; infringing the intellectual property rights of the Company or third parties.

8.3. In particular, the following are prohibited on the Services: pornographic sites that do not comply with the law; online gambling (casinos, betting); pirated software and piracy programs or archives; distribution of illegal codes; warez sites and IRC bots; racist content or content of extreme violence; sending or promoting spam; automated processes causing abnormal use of the account; on VPS, permanent use of maximum bandwidth (for example, a commercial VPN service).

8.4. The Client assumes all risks related to their activities. They are solely responsible for the use of the Services, including when they are used by third parties or on their behalf. They indemnify the Company against any claim or action by third parties resulting from their content, fraudulent or unlawful use of the Services or infringement of third-party rights, and compensate it for all resulting losses.

8.5. Reporting of illegal content. Any person may report illegal content hosted on the Company's Services to the Company, via the Site's contact form, specifying the address of the content and the reasons for the report. The Company examines each report, may make the content inaccessible and informs the Client concerned of its decision and reasons, unless prohibited by law or an authority. This form also serves as the Company's point of contact for authorities and users.

9. BACKUPS AND CLIENT DATA

9.1. Backups performed by the Company are a precautionary measure, with no guarantee of restoration.

9.2. The Client keeps, themselves, outside the Company's servers, an up-to-date copy of their websites, files, databases and emails.

9.3. A website, database or domain name may have for the Client a value that the Company does not know and cannot assess. It is the Client's responsibility to protect these elements through their own backups and, if they wish, appropriate insurance.

10. SERVICE AVAILABILITY

10.1. The Company endeavors to ensure minimum availability of 99.95% (UTC+1, from 8:00 a.m. to 1:00 a.m.), 99.95% for managed servers and VPS, and guarantees 99.99% for high-availability offerings. The Client may consult server status from their Client Area.

10.2. Upon simple request, the Company compensates for an observed unavailability in a single instance, beyond an initial duration, by a credit of 5% of the total amount of the next invoice per additional hour, capped at 100% of the monthly invoice amount: beyond 3 hours for offerings over €36; beyond 7 hours for offerings from €16 to €35 inclusive; beyond 12 hours for offerings up to €15 inclusive. This credit is the sole compensation due in respect of an unavailability.

10.3. For high-availability offerings, cPanel, email and FTP services do not operate when the master server is offline; email service may remain available if a remote configuration has been set up as recommended in the service access email.

10.4. Network incidents occurring outside the Company's and its datacenter's scope, which may make a site inaccessible from certain points around the world for a short period, do not constitute unavailability within the meaning of this article. Unavailability falling within the Company's responsibility is established by its multi-point monitoring system.

11. LIABILITY

11.1. The Company implements the means necessary to provide quality Services. It is bound by an obligation of means.

11.2. The Company is not liable for: damage caused to the Client's hardware; the consequences of use of the Services contrary to laws or the TCS; indirect damages, such as loss of turnover, profit, customers, orders or operations, loss of an opportunity, damage to image or data loss; failure to deliver emails or their classification as spam by third-party servers that it does not control; damage resulting from a misunderstanding of instructions, a lack of computer knowledge on the part of the Client or non-recommended use of the Services; problems whose origin is outside its services; non-performance attributable to the Client, to a third party or to a case of force majeure.

11.3. Cap. If the Company's liability were incurred, for any cause whatsoever and all damages combined, the total compensation due by the Company is limited to the amount paid by the Client for the Service concerned during the twelve (12) months preceding the triggering event, within the limits permitted by law. This cap does not apply in the event of gross or willful misconduct, nor to personal injury.

11.4. Force majeure. In particular, large-scale cyberattacks and failures of networks, registries, registrars, datacenters or energy suppliers external to the Company constitute cases of force majeure, provided that they are beyond its control and could not reasonably have been avoided despite its security measures.

11.5. Evidence. The computer records kept by the Company (connection and access logs, histories of operations, emails sent, timestamps) are authoritative, until proof to the contrary, as to the connections, operations and exchanges between the parties.

11.6. Time limit for action. Any action in liability against the Company must be brought within one (1) year from the day the Client knew or should have known of the triggering event, within the limits permitted by law.

11.7. The Company is not responsible for third-party sites to which the Site links, nor for their content or availability; a link does not constitute approval. It is not responsible for the rejection of its emails (Order confirmation, invoice, tracking) by the Client's email service or anti-spam.

11.8. The Client acknowledges that the above limitations of liability are an essential condition without which the Company would not have contracted, and that they are taken into account in its prices.

12. SATISFACTION GUARANTEE, WITHDRAWAL AND LEGAL WARRANTIES

12.1. Satisfaction guarantee. For a first Order only, the Company reimburses the price of paid Services, upon request, up to thirty (30) days after payment. This offer does not apply to domain names, VPS or dedicated servers.

12.2. Withdrawal by the Consumer Client. The Consumer Client has a period of thirty (30) days from the Order to withdraw, without reason or penalty (Articles L.221-18 et seq. of the French Consumer Code), by opening a ticket with the Billing department or using the template below. By requesting immediate provision of service when placing their Order, the Consumer Client acknowledges that the Service is provided to them before the end of the withdrawal period and that they lose their right of withdrawal for a Service fully performed (Article L.221-28 of the French Consumer Code); for a partially performed Service, they pay the portion corresponding to the elapsed period. The right of withdrawal does not apply to domain names registered at their request, which are personalized.

12.3. Withdrawal template: 'To the attention of YOORshop SAS, Billing department. I/we (*) hereby notify you of my/our (*) withdrawal from the contract concerning the Service below: [Service] - Ordered on: [date] - Name of consumer(s): [name] - Address of consumer(s): [address] - Signature (only on paper) - Date: [date]. (*) Delete as appropriate.'

12.4. The Company acknowledges receipt of the withdrawal by email without delay and reimburses the Client no later than thirty (30) days after being informed, using the payment method used for the Order, unless the Client agrees to another method, and at no cost to them. The Client is invited to indicate the reason for their withdrawal.

12.5. Legal warranty of conformity. The Consumer Client benefits from the legal warranty of conformity for digital content and services provided for in Articles L.224-25-12 et seq. of the French Consumer Code. They exercise it by opening a support ticket describing the defect found.

13. SUPPORT

13.1. For any question or complaint, the Client first contacts the Company's customer service, in order to seek a solution.

13.2. Customer service is accessible 24/7 by support ticket, after consulting the knowledge base. The Client writes a precise, complete and understandable request.

13.3. Support relates to the operation of the hosting Services, and not to the content or development of the Client's websites, which are their responsibility, the dedicated documentation or a webmaster.

14. TERM, SUSPENSION AND TERMINATION

14.1. Services are subscribed for the duration chosen at the time of the Order (monthly, annual or other). In the event of early termination at the Client's initiative, the paid period remains due and is not reimbursed, subject to Articles 12.1 and 12.2. In the event of pay-as-you-go payment, the Client may terminate the Service at any time.

14.2. The Client may terminate each Service online, at any time, from their Client Area, with immediate effect or at expiration. Any unpaid invoice for a Service terminated at expiration is cancelled.

14.3. In the event of the Client's breach of its obligations, the Company notifies them by email; if the breach persists more than fourteen (14) days after this notification, or in the event of repeated breaches, the Company may terminate the Service concerned, without reimbursement of the current period and without prejudice to any damages.

14.4. In the event of malicious, unlawful or fraudulent use of the Services, or infringement of third-party rights, the Company may immediately suspend or terminate the Services concerned, by email and without prior formal notice. It may also suspend a Service in the cases provided for in Articles 4.5 and 6.5.

14.5. The Client has, for fifteen (15) days after termination of a hosting Service, access enabling them to recover their data, except in the event of termination for unlawful use; after this period, the data may be permanently deleted.

15. PERSONAL DATA, COOKIES AND RETENTION

15.1. The Company protects the confidentiality and security of Clients' personal data, in accordance with the General Data Protection Regulation (GDPR) and the French Data Protection Act.

15.2. Data collected: email address, first name, last name, postal address, country, telephone number, password (kept in irreversible encrypted form) and connection IP address. Payment data is processed by Stripe and PayPal and is not retained by the Company.

15.3. Purposes: provision of Services; management of Orders, payments, invoicing and withdrawals; information about the Company and its Services; responding to requests and complaints; account security and fraud prevention; statistics; management of data subject rights; management of unpaid debts and litigation.

15.4. Data is retained for the duration of the commercial relationship and then three (3) years after the last contact, without prejudice to legal retention periods (in particular accounting and tax periods).

15.5. Data is processed by authorized Company personnel and, for the needs of the Services, by its providers listed in Article 15.11. It may be communicated to administrative and judicial authorities upon requisition.

15.6. Retention of connection data. In accordance with Article 6 of Law No. 2004-575 of June 21, 2004 and its implementing decrees, the Company retains, for the legal periods, the data allowing identification of any person having contributed to the creation of content placed online and the information provided when creating the account.

15.7. Each Client has a right of access, rectification, erasure, restriction, portability and objection, as well as the right to define directives concerning the fate of their data after their death. They exercise these rights through the contact form. They may lodge a complaint with the CNIL (www.cnil.fr). The Company maintains a register of processing activities and has appointed a data protection officer and an information systems security officer.

15.8. The Client warrants that the data they provide is accurate and up to date, and that they do not communicate third-party data to the Company without their consent.

15.9. Cookies. The Site uses cookies necessary for its operation and, with the Client's consent, audience measurement cookies. No non-essential cookie is placed without express consent; the Client may accept or refuse these cookies from the banner provided for this purpose and change their choice at any time.

15.10. Data hosted by the Client. For personal data that the Client stores on their Services, the Client is the data controller and the Company acts as a processor within the meaning of Article 28 of the GDPR. In this capacity, the Company: processes this data only to provide the Services and in accordance with the Client's instructions; ensures the confidentiality and security of the data and the confidentiality of its personnel; does not transfer the data outside the European Union or a country recognized as adequate, unless the Client chooses a datacenter located outside these areas; notifies the Client of any data breach as soon as possible; assists them, as far as possible, in responding to requests from data subjects and in meeting their security obligations; deletes the data at the end of the Services, under the conditions of Article 14.5; makes available to them the information necessary to demonstrate compliance with these obligations.

15.11. Location and providers. Data is hosted on servers operated by the Company and located in the European Union or Canada. The Company uses the following providers, contractually bound to confidentiality: for payments, Stripe (Ireland) and PayPal (Luxembourg); for software and server administration, which may occasionally have secure administrator access limited to what is strictly necessary, with prohibition on copying or transferring Client data: cPanel Inc. (United States), CloudLinux Inc. (United States), Autom8N (India), JetApps (United States) and Softaculous (India). For these providers located outside the European Union, the Company relies on the safeguards provided by the GDPR.

15.12. The Client undertakes not to compromise the security of the Site, in particular by fraudulent access to or maintaining access in the Company's information system, acts punishable under Articles 323-1 et seq. of the French Criminal Code.

16. INTELLECTUAL PROPERTY

16.1. The Site and all of its elements, as well as the name and trademark YOORSHOP, logos, designs, models and distinctive signs, are the exclusive property of the Company and protected by intellectual property law, worldwide.

16.2. No right is assigned to the Client by downloading or copying elements of the Site. It is prohibited to reproduce them (except for personal and non-commercial use), publish, modify, distribute or sell them, and to use the Company's names and trademarks without its prior consent.

16.3. The Company grants the Client a personal, non-exclusive and non-transferable license to use the Site, for the duration of such use.

17. COMMUNICATIONS

17.1. The Company does not send commercial newsletters; its news is published in the News section of the Site.

17.2. The Client agrees to receive by email communications relating to their Services: amendments to the TCS, important technical developments, incidents, observed malfunctions, invoices and renewals.

18. CLIENT REVIEWS

18.1. In accordance with Article L.111-7-2 of the French Consumer Code, any Client may post a review on the Site after at least thirty-one (31) days as a client. A published review is irrevocable and published without limitation of duration.

18.2. All reviews are accepted if they comply with the following moderation rules: verification of the authenticity of the experience described and of its non-defamatory or non-insulting nature (in the event of refusal, the author is informed of the reason and may submit a new review); automatic correction of spelling, grammar and French-English translation; possibility for the Company to add a comment identified by the words 'Right of reply'.

18.3. The Company may compensate the time spent writing a review, on the Site or on third-party sites, under the conditions published on the Site. Such reviews bear the notice: 'In accordance with French law, we inform you that this review was submitted in exchange for consideration as described in Article 18.3 of our TCS'.

18.4. For reviews posted on third-party sites, the Client undertakes to wait thirty-one (31) days and to write an authentic and objective review; in the event of termination of service before 31 days, this obligation of authenticity and objectivity applies without limitation of duration.

19. AFFILIATION

19.1. Any registered and active Client may activate their affiliate account from their Client Area and become a business introducer by means of their affiliate link, on any medium they deem appropriate. New clients introduced are clients of the Company.

19.2. Since April 10, 2022, commissions are recurring and set at 15% of amounts invoiced to the introduced client during their first three (3) years. The introducer tracks their introduced clients and commissions in their Client Area.

19.3. Payment of commissions requires an invoice and a minimum amount of €100. The affiliate balance may also be deducted from an invoice from the Company, without a minimum.

20. GOVERNING LAW, MEDIATION AND DISPUTES

20.1. The TCS are governed by French law.

20.2. In the event of a dispute, the Client first contacts customer service (Article 13). Failing agreement, the Consumer Client may use, free of charge, the consumer mediator with jurisdiction over the Company: the Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C), 49 rue de Ponthieu, 75008 Paris, https://www.cm2c.net.

20.3. Failing amicable settlement, any dispute with a merchant Client falls within the exclusive jurisdiction of the Lyon Commercial Court, including in the event of multiple defendants or third-party claims. For other Clients, the jurisdiction rules of the French Code of Civil Procedure and the French Consumer Code apply.