Eng.
Fra.
This contract is concluded between :
The company Home Multimedia Services LTD, hereinafter referred to as "the service provider", and
Any individual or legal entity wishing to access the site and its services, hereinafter referred to as
"the
User or Client".
The general conditions of use must be accepted by all Users, and their access to the site constitutes
acceptance of these conditions.
The User of the website has access to the following services:
Any User with Internet may access the site free of charge from anywhere.
The site and its various services may be interrupted or suspended by the service provider, in particular
during maintenance, without notice or justification.
The User is responsible for the risks associated with the use of his/her login and password.
The User's password must remain secret. In case of disclosure of the password, the site declines all
responsibility.
The User assumes full responsibility for the use he/she makes of the information and content of the
site.
The service provider cannot be held responsible for any malfunction of the server or the network.
Similarly, the site cannot be held responsible in the case of force majeure or the unforeseeable and
insurmountable act of a third party.
The site undertakes to implement all necessary means to guarantee the security and confidentiality of
data.
However, it does not guarantee total security.
The service provider has the right not to guarantee the reliability of the sources, although the
information
published on the site is deemed reliable.
The contents on the site of the Home Multimedia Services Ltd. (logos, texts, graphic elements, videos,
etc.)
are protected by copyright under the Intellectual Property Code.
The User must obtain the authorisation of the editor of the site before any reproduction, copy or
publication of these various contents.
The latter may be used by users for private purposes; any commercial use is prohibited.
The User is entirely responsible for any content he/she puts online and undertakes not to harm any third
party.
The Site Editor has the right to freely moderate or delete content posted by users at any time, without
justification.
The User may be required to provide personal information in order to use the services of the site.
The electronic address (e-mail) of the User may be used by the site for the communication of various
information.
Home Multimedia Services Ltd undertakes to respect the User's privacy.
You can pay for the services using PayPal or a stripe payment link or any other payment method proposed
by
us.
By ordering services from us through our website, you authorise us to carry out credit and anti-fraud
checks
on you and the payment method you have provided.
These checks may be necessary, among other things, to verify your identity, to validate your credit or
debit
card, to obtain an initial credit or debit card authorization and/or to authorize individual purchases.
You authorise us to disclose the information you provide to us, including personal information, to third
parties such as banks and credit report providers for the purposes of such verifications, and agree that
such parties may maintain a record of such information.
You also agree that we may make the information we receive from these checks available to third parties,
including fraud prevention and credit reference agencies.
We have the right to implement additional payment security systems from time to time.
If the amount due from you for your order cannot be debited or invoiced, for whatever reason, your order
will be cancelled (we will inform you of this using the contact details you provided during the ordering
process).
A refund can be partial if the service requested by the client already started, and total if the service
requested has not yet been done by the provider.
In any case, this refund must be requested in a written form by the client, justifying the request and a
period of 10 working days will be applied to make the refund.
In this clause, force majeure means an event or sequence of events beyond the reasonable control of a
party
which prevents or delays it from performing its obligations under this agreement. Inability to pay is
not a
force majeure.
A Party shall not be liable if it is delayed or prevented from performing its obligations under this
Agreement because of force majeure, provided that it :
If, as a result of force majeure, a party :
Any dispute arising between the parties outside or in connection with this agreement shall be dealt with
in
accordance with the following provisions.
The dispute resolution process may be initiated at any time by either party serving written notice on
the
other party that a dispute has arisen. The notice must include reasonable information about the nature
of
the dispute.
The parties shall endeavour to reach a negotiated resolution by the following procedures:
Within seven days of service of the notice, the parties' contract managers shall meet to discuss and
attempt
to resolve the dispute.
If the dispute has not been resolved within 7 days of the first meeting of the contract managers, the
matter
shall be referred to the Director General or any other manager. The managers will meet within 7 days to
discuss the dispute and attempt to resolve it.
If the dispute has not been resolved within 14 days after the first meeting, the matter may be referred
to
mediation under the rules of the London Court of International Arbitration.
Until the parties have completed the above steps and have not resolved the dispute, neither party shall
commence formal court proceedings or arbitration, except that either party may at any time seek urgent
interim relief from the courts or emergency relief from the arbitrator.
The site has the right to modify the terms of these general conditions of use at any time and without justification.
The duration of this agreement is indefinite. The agreement takes effect from the beginning of the
service.
The parties agree that this Agreement and all documents entered into pursuant to it constitute the
entire
agreement between them and supersede all prior agreements, understandings and arrangements between them,
whether written or oral with respect to its subject matter.
Each party acknowledges that it has not entered into this Agreement in reliance on, and shall have no
recourse to, any representation or warranty not expressly set forth in this Agreement.
Neither party shall have any claim for innocent or negligent misrepresentation based on any statement in
this Agreement.
Nothing in this Agreement is intended to limit or exclude any liability for fraud.
These terms and conditions shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction.
These General Conditions are agreed and accepted by the User, who declares and acknowledges that he/she is fully aware of them, and therefore waives the right to go against their application.