Terms of Service
Terms of Service
Version 1.2 from 17 July 2016 – Hostibox.com
There Terms of Services are concluded between:
- Of a hand, Assistance Technique et Linguistique (A.TE.L), malagasy association registered by the ministerial status N°179/98-FAR/ANT/AT/ASS, whose headquarters is located at Antanivao Nord Lot 712N122 Antsirabe 110 Madagascar, represented by RATEFIARISON Solofoharivelo John, hereinafter referred as Hostibox.com
- In the other hand, anyone moral or physical, hereinafter referred as the Customer, public or private institution, subscribing on any services provided by Hostibox.com
Section 1: Object
- These Terms of Service is applied when Hostibox.com provide to the Customer service(s) which the Customer was subscribed, whether under of free or paid offer.
- These Terms of Services can be completed by eventual Special Conditions applied to service(s) which the Customer subscribed at Hostibox.com
- In case of contradiction(s) between these Terms of Service and any Special Conditions, contractual terms of these Terms of Service prevail.
- Customer‘s service(s) subscribing will involve integral understanding of these Terms of Service and any eventual Special Conditions related to the service(s).
- These Terms of Service is concluded between parts in integrality of providing service(s) subscribed by the Customer from Hostibox.com
- The Customer acknowledges having received from Hostibox.com all information needed to understand subscribed service(s).
Section 2: Applicable law and skill location
- These Terms of Service and any eventual applicable Special Conditions is governed by the applicable law in Madagascar.
- For all issues on applying, interpreting and all consequences of these Terms of Service and any eventual applicable Special Conditions and after trying friendly resolution, express and exclusive attribution of skills is done to Antsirabe courts.
Section 3: Hostibox.com’s responsibility and obligations
- Hostibox.com assumes an obligation of means by these Terms of Service. In this context, Hostibox.com will to bring all the needs of service(s) subscribed by the Customer.
- Hostibox.com cannot be held as responsible for the direct and/or indirect compensation of damage suffered by the Customer, including due to the bad execution of service(s).
- In case of a breach of one of essential contractual obligations resulting from a light negligence on the part of Hostibox.com, his responsibility is strictly limited to normal predictable damage arising directly this failure.
- The Customer acknowledges that Hostibox.com‘s services can’t be made available in the proposed form without the responsibility limits mentioned in articles 3.1, 3.2 et 3.3 of this Terms of Service.
Section 4 : Customer’s responsibility and obligations
- The Customer engages to respect, inside contents delivered via services provided by Hostibox.com, current legals and regulatory prescriptions and particularly intellectual property rights.
- The Customer accept all legal obligations arising from using the service(s) provided by Hostibox.com, and particularly about intellectual property rights.
- All activity done by the Customer via service(s) provided by Hostibox.com may causing any civil and/or penal responsibility for Hostibox.com is strictly prohibited.
- All violation of targeted points in articles 4.1, 4.2 et 4.3 could result to an immediate suspending by Hostibox.com of service(s) that the Customer is subscribed, without notice, setting remains or prejudice. This suspension could be temporarily until regulating or definitive resulting full right termination of this present contract without any refund or compensation that the Customer may refund.
- The Customer‘s service(s) could be suspended immediately by Hostibox.com without notice, setting remains or prejudice if Hostibox.com receive at this effect a notice from a competent authority, administrative or judicial, conforming with laws and regulations in force. This suspension could be temporarily until regulating or definitive resulting full right termination of this present contract without any refund or compensation that the Customer may refund.
- The Customer‘s service(s) could be suspended immediately by Hostibox.com without notice, setting remains or prejudice if Hostibox.com receive a request of a third if the illegal character is clearly brought to the knowledge of Hostibox.com. This suspension could be temporarily until regulating or definitive resulting full right termination of this present contract without any refund or compensation that the Customer may refund.
- The Customer is responsible of login details which has been transmitted to access at his service(s). These data are strictly confidential and is only designed for the Customer‘s usage only. Each divulgation, voluntary or not, at third of these login details or an element(s) of is only committed by the Customer‘s responsibility excluding Hostibox.com.
- The Customer acknolwedges to inform Hostibox.com of any password lost in next 24 (twenty-four) hours for resetting the password (or disabling temporarily access to linked service(s)).
- In case of password lost suspicion or unauthorized access suspicion on any customer secured area, Hostibox.com reserves the right to disable, for security measures, service(s) linked waiting an answer from the Customer.
Section 5 : Customer’s identification
- Hostibox.com provide his services at any major person without any sex or locality restriction, and at any minor person over 13 (thirteen) years old with parental agreement mentioning service(s) and payment means which the Customer can access.
- The Customer acknowledges to communicate to Hostibox.com information allowing to identify him formally. It includes his first and last name, an postal address, his living country, an email address and an valid phone number.
- Hostibox.com could ask to the Customer to provide a photocopy of his identity card before enabling certain services.
- The Customer acknowledges to transmit to Hostibox.com any updates of provided data before 15 (fifteen) days from this edition.
- If the Customer provides intentionally false, invalid, outdated or incomplete information data, it could result to immediate suspension of service(s) of the Customer by Hostibox.com, without notice, setting remains or prejudice. This suspension could be temporarily until regulating or definitive resulting full right termination of this present contract without any refund or compensation that the Customer may refund.
- Hostibox.com reserves the right to verify IP address used by the Customer to connect to his customer area for managing service(s) and to compare it to provided information, including about his geographic address.
Section 6: Services’ pricing, payment, duration, activation and renewing
- Pricing mentioned at https://www.hostibox.com website prevail any other media (flyers, audiovisuel show, ad banners, …) in case of contradiction.
- Total amount to pay is mentioned on each invoice builded for you service(s) order or renewing. Amount can be paid :
- in Ariary with these payment gateways: MVola, Orange Money, species, cheque
- in Euro with these payment gateways: Payoneer, credit card, Western Union, PayPal
- in US dollars (USD) with these payment gateways: Payoneer, credit card, Western Union, PayPal
- In case of difference with pricing mentioned on the website or any other advertisement support and pricing mentioned in the invoice, only amount on invoice fact faith.
- In case of pricing adjustment issued between time when the Customer makes his order, and time when he make his payment, Hostibox.com reserves right to cancel the order and refund the Customer.
- Hostibox.com reserves right to edit at any time provided service pricing, with or without notice.
- The Customer‘s subscribed services duration with Hostibox.com is mentioned in each invoice.
- Free service(s) duration provided to the Customer by Hostibox.com is indeterminable.
- Before Customer‘s service(s) expiration, Hostibox.com inform him about it with al least one email at the contact address mentioned in the Customer profile. And Customer‘s service’s expiration date is mentioned on each invoice.
- The Customer could renew his service(s) before its expiration, at the current price at the day of renewing. This renewing gives rise to a new invoice creation.
- Once time invoice created by Hostibox.com, the Customer dispose twenty-four (24) hours delay to perform regulation.
- In case of regulation of the invoice by the Customer after the delay of twenty-four (24) hours, he is indebted of any eventual pricing change happening between the invoice creation and his regulation. In this case, the Customer should regulate the pricing adjustment or request refund of paid money and termination at full rights this Terms of Service.
- Once time the invoice payment proof received and approved, Hostibox.com proceeds at service(s) activation which the Customer is subscribed in reasonable deadline and is only subjected at means obligation.
Section 7: Contract termination and refunds
- The Customer is free to terminate at full rights this present contract before his next due date without being able to claim refund to Hostibox.com of already paid amount by contacting Sales Service that contact details are available in the web site https://www.hostibox.com.
- Hostibox.com can terminate free service(s) provided to the Customer at any time without notice, and notifying the Customer about this decision with any communication judged appropriate, including emails.
Section 8: Modifications of this present Terms of Service
- Hostibox.com reserves rights to bring changes at this Terms of Service and at any eventual Special Conditions which is attached without notice, and without the only duty to inform the Customer by putting the last version online on his web site https://www.hostibox.com.
- In case of changes putted to this present Terms of Service by Hostibox.com, the Customer can only terminate the contract if these changes doesn’t fit his needs.
- Each refund done by Hostibox.com could be deducted of any transfer fees on the payment gateway.
Section 9: Abuse and SPAM
- The Customer is committed to an result obligation as management and processing abuses which will be send to him by Hostibox.com. In case of no reply of any abuse send in twenty-four (24) hours, Hostibox.com reserves rights to suspend or terminate related service(s) without notice or any refund.
- In case of sending unauthorized massive emails on the service(s), Hostibox.com reserves rights to suspend or terminate related service(s) without notice or any refund.
Section 10: General dispositions
- The Customer authorize Hostibox.com to outsource some parts of service(s) that he is subscribed.