Terms of sale

1. Seller

These terms of sale (the "Terms") apply to the services sold on the website hosthub.agency by LYS Enterprise Solutions (LYSES), a French simplified joint-stock company (SAS) with a share capital of €5,000, 3 rue du Carembault, 59133 Phalempin, France, registered with the Lille Métropole Trade and Companies Register, SIREN 910 296 292, VAT FR67910296292, e-mail contact@hosthub.agency, telephone +33 3 20 32 10 01 (hereinafter "HostHub"). HostHub and BuilderLYS are brands of LYSES.

2. Scope

The Terms apply to any order placed by a consumer or business customer (the "Customer"). They include a general part (articles 1 to 18) and a part specific to BuilderLYS offers (articles 19 to 25). Placing an order constitutes acceptance of the Terms in force on the date of the order, which the Customer accepts by ticking the box provided when ordering. Provisions specific to consumers or to business customers are indicated as such.

3. Services offered

3.1 Domain names. HostHub registers, transfers and renews domain names through an accredited registrar. Each extension is subject to the rules of its registry (AFNIC for .fr, EURid for .eu, etc.) and, for generic extensions, to ICANN rules, which the Customer undertakes to comply with. Some extensions have eligibility requirements; for example, .fr is reserved for persons residing or established in the European Union, Iceland, Liechtenstein, Norway or Switzerland.
A domain name is allocated on a "first come, first served" basis: a name shown as available is not guaranteed until its registration has been confirmed by the registry.

3.2 Third-party services. HostHub resells services provided by third-party publishers, including SSL certificates (DigiCert, GeoTrust, RapidSSL), security services (SiteLock), backup (CodeGuard), monitoring (360 Monitoring) and e-mail filtering. These services are performed by their publishers and are subject, in addition to the Terms, to their own terms of use, which HostHub provides to the Customer on request and which are published on each publisher's website.

3.3 BuilderLYS websites. BuilderLYS offers (turnkey website, hosting and maintenance included) are open to all customers, consumers and businesses alike, and are additionally governed by articles 19 to 25.

4. Customer account and accuracy of information

The Customer provides accurate and complete information and keeps it up to date, in particular the contact details of the domain name holder. Inaccurate information may lead to the suspension or deletion of a domain name by the registry, without HostHub being liable. The Customer keeps their login credentials confidential.

5. Orders

The Customer chooses their services, checks the order summary, which sets out the main characteristics of the services, their price including VAT, their term, the renewal and termination conditions and refers to the Terms, then confirms and pays for the order. A confirmation e-mail is sent to them. HostHub may refuse an order for a legitimate reason, in particular an abnormal order, suspected fraud or a previous payment dispute. No order is refused on the grounds that the Customer has no SIREN or SIRET number.

6. Prices and VAT

6.1 Display of prices. Prices of the services are shown in euros including VAT; the price excluding VAT and the amount of VAT are shown alongside, for the information of business customers. The price including VAT shown at the time of the order is the price payable by a consumer; the total price payable appears in the order summary, before confirmation, and on the invoice. Domain name prices depend on the extension and are shown before any order. The Customer may choose to be invoiced in US dollars where the website offers this option; the price in dollars is then the one shown at the time of the order, and any VAT due is calculated and stated on the invoice in that currency, together with its equivalent in euros.

6.2 VAT. HostHub's services are electronically supplied services within the meaning of VAT regulations. VAT is applied according to the Customer's situation at the time of the order:
— Customer established in France: French VAT at the applicable rate;
— consumer established in another Member State of the European Union: French VAT, as long as LYSES's total annual sales to consumers in other Member States remain below the European threshold of €10,000 excluding VAT; above that threshold, VAT of the Customer's Member State, declared through the One-Stop Shop (OSS);
— business customer established in another Member State and registered for VAT: invoiced excluding VAT with the mention "Reverse charge" (article 196 of Directive 2006/112/EC), subject to the validity of the intra-Community VAT number provided when ordering;
— Customer established outside the European Union (including the United Kingdom): invoiced without French VAT; the Customer is responsible for any taxes applicable in their country.
The Customer undertakes to provide an accurate billing address and, if they are a VAT-registered business, their VAT number. Any change in the applicable VAT between the order and invoicing is passed on in the price including VAT.

6.3 Price changes. The applicable price is the one shown at the time of the order. HostHub may change its prices; a new price only applies to a current service at its renewal, after the Customer has been informed by e-mail at least one month before the expiry date. A Customer who refuses the new price may end the service free of charge before the expiry date.

7. Payment and invoicing

Payment is made by PayPal (PayPal account or bank card) or by bank transfer, on the due dates stated when ordering; subscriptions are invoiced in advance. An invoice is issued for each order and each renewal and made available in the client area. The service is set up once payment has been received. For payments by bank transfer, the time needed to receive the funds delays the set-up of the service accordingly, and HostHub cannot guarantee that a domain name that remained available during that time will still be free.

Late payment. An invoice for a domain name or a third-party service unpaid 5 days after its due date leads to the suspension of the service concerned. For BuilderLYS subscriptions, suspension only occurs after a formal notice that has remained without effect for 15 days (article 21.4). Business customers: any late payment automatically incurs late payment penalties at three times the French legal interest rate, as well as a fixed indemnity for recovery costs of €40 (articles L441-10 and D441-5 of the French Commercial Code). Consumers: no late fee or penalty is charged; only the service concerned is suspended.

8. Term and renewal

Each service is subscribed for the term chosen when ordering. BuilderLYS subscriptions are also governed by article 21. A renewal invoice is issued 14 days before the expiry date and sent to the Customer by e-mail. The service is renewed once that invoice has been paid.
It is the Customer's responsibility to pay the renewal before the expiry date. Otherwise, the service is suspended and then terminated. For a domain name, expiry may lead to its deactivation, then to a period during which it can only be restored against restoration fees set by the registry and displayed on the website (for example €21.59 incl. VAT, i.e. €17.99 excl. VAT, for a .fr; €69.59 incl. VAT, i.e. €57.99 excl. VAT, for a .com), and finally to its release, after which it may be registered by a third party. HostHub cannot be held liable for the loss of a domain name that was not renewed.

9. Right of withdrawal (consumers)

Consumers have 14 days from the conclusion of the contract to withdraw, without giving any reason, by sending HostHub an unambiguous statement (by e-mail to contact@hosthub.agency) or the withdrawal form in the appendix. HostHub refunds the amounts paid within 14 days of receiving the request, using the same means of payment.

Exceptions. In accordance with article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for services fully performed before the end of the withdrawal period, where the consumer has given prior express consent and acknowledged the loss of their right of withdrawal. This is the case for the registration, transfer and renewal of a domain name and for the issuance of an SSL certificate, performed as soon as the order is placed at the Customer's request: once the domain name has been filed with the registry or the certificate issued, the corresponding amounts are not refundable. When ordering, the consumer expressly requests this immediate performance and acknowledges the loss of their right of withdrawal by ticking the box provided for this purpose.
For a service started at the consumer's express request during the withdrawal period and not yet fully performed (for example a BuilderLYS subscription or a security, backup or monitoring service), a consumer who withdraws pays an amount proportionate to the service provided until they communicated their withdrawal (article L221-25 of the French Consumer Code); HostHub refunds the balance. When ordering, the consumer ticks a box requesting that the service start before the end of the withdrawal period.

10. Legal guarantee of conformity (consumers)

HostHub provides digital services in conformity with the contract. In accordance with articles L224-25-12 et seq. of the French Consumer Code, consumers benefit from the legal guarantee of conformity throughout the period during which the service is supplied, including for the updates needed to keep the service in conformity. No provision of the Terms may deprive them of it. They may obtain the bringing into conformity of the service or, failing that, a price reduction or the termination of the contract. Consumers do not have to prove the existence of a lack of conformity that appears during the supply period. To invoke it, they write to contact@hosthub.agency.

11. Customer obligations

The Customer uses the services in accordance with applicable laws and regulations and with the rules of the registries and third-party publishers. They are solely responsible for the choice of their domain names, which must not infringe third-party rights (trademarks, names, copyright), and for the content they publish. Disputes relating to a domain name may be submitted to the procedures provided by the registries (for example SYRELI for .fr, UDRP for generic extensions).

12. Liability

HostHub is bound by an obligation of means. It is not liable for interruptions or malfunctions attributable to registries, the registrar, third-party publishers, networks or force majeure. Business customers: HostHub's liability is limited to the amount paid for the service concerned over the previous 12 months and excludes indirect damage (loss of turnover, customers or data). These limitations do not apply to consumers where the law prohibits them.

13. Suspension and termination

HostHub may suspend or terminate a service in the event of non-payment, a serious breach by the Customer of their obligations, a decision by a registry or an authority, or unlawful use, after a formal notice that has remained without effect, except in an emergency. The Customer may request the non-renewal of their services at any time directly from their client area ("My Services", "Request Cancellation"), free of charge, or by e-mail; the request is confirmed by e-mail; the period already paid is not refunded, except where the right of withdrawal or the legal guarantee of conformity applies. BuilderLYS subscriptions are governed by article 21.

14. Transfer of a domain name to another provider

The Customer may transfer their domain names to the provider of their choice. HostHub provides the transfer code (EPP / AuthInfo code) free of charge on request, within five working days, subject to the registry's rules (for example the prohibition of transfers during the 60 days following a registration for certain extensions).

15. Personal data

The processing of the Customer's personal data is described in the privacy policy.

16. Complaints, mediation and disputes

16.1 Prior complaint. Any complaint must first be sent to HostHub's customer service: through the website's contact form, by e-mail to contact@hosthub.agency or by post to the address in article 1. HostHub acknowledges receipt within 5 working days and replies within 30 days.

16.2 Consumer mediation (consumers). In accordance with the provisions of the French Consumer Code on the consumer dispute mediation process, if you have contacted us first and have not received a satisfactory answer, you may refer the dispute, free of charge, to the following consumer mediator:
CM2C
49 rue de Ponthieu
75008 Paris, France
Phone: +33 1 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php
E-mail: litiges@cm2c.net
Trader concerned: LYS Enterprise Solutions (LYSES) – SIREN 910 296 292.
In accordance with articles L611-1 et seq. and R612-1 et seq. of the French Consumer Code, the mediator may only be contacted if the complaint was first sent to HostHub in writing, and within one year of that complaint. The referral can be made online or by post. Mediation is optional; each party remains free to accept or refuse its outcome and to go to court.

16.3 Business customers. The parties seek an amicable solution before taking any action. Failing agreement within thirty days of the written complaint, the dispute falls under the exclusive jurisdiction of the courts for the place of LYSES's registered office (Lille Métropole), including for summary proceedings, third-party claims or multiple defendants.

16.4 Consumers — jurisdiction. Consumers may bring proceedings, at their choice, before any court having territorial jurisdiction under the French Code of Civil Procedure, or before the court for the place where they lived when the contract was concluded or when the harmful event occurred (article R631-3 of the French Consumer Code).

17. Changes to the Terms

HostHub may change the Terms. The applicable Terms are those in force on the date of the order or renewal; the Customer is informed by e-mail of any change applicable to a renewal.

18. Governing law and language

The Terms are governed by French law, without prejudice to the more protective mandatory provisions of the country of habitual residence of a consumer established in another Member State of the European Union. They are written in French; the English translation is provided for information and the French version prevails.

Provisions specific to BuilderLYS offers

19. Customers concerned and offers

BuilderLYS offers are open to everyone: individuals, business founders, associations and professionals. A SIREN or SIRET number is optional. Where the Customer is a consumer, they benefit from the right of withdrawal (article 9), the legal guarantee of conformity (article 10) and consumer mediation (article 16.2).
Five packs are offered: Tradesperson, Liberal profession, Shop, Business and Online store. Each pack includes a website in French with the pages described on the pack's presentation page, as well as its creation, hosting and maintenance. The Online store pack also includes a store preconfigured for France; the Customer connects their own payment accounts and remains solely responsible for their sales, invoicing and obligations towards their buyers.

20. Price

Packs are invoiced yearly, in advance: Tradesperson, Liberal profession and Shop €360 incl. VAT per year (€300 excl. VAT); Business €561.60 incl. VAT per year (€468 excl. VAT); Online store €705.60 incl. VAT per year (€588 excl. VAT). Amounts including VAT are calculated at the French rate of 20%; Customers invoiced excluding VAT under article 6.2 pay the price excluding VAT. Term, renewal and termination are governed by article 21.

21. Term, renewal and termination

21.1 Term. The BuilderLYS subscription is concluded for a period of twelve months, paid in advance, from the date the website is made available. It is commitment-free in the following sense: the Customer may end it at any time, without giving a reason and free of charge, and no minimum term is imposed beyond the period already paid.

21.2 Termination by the Customer. Termination is made from the client area ("My Services", "Request Cancellation"), by e-mail or by post. It takes effect at the end of the current twelve-month period, already paid; the service continues to be provided until that date. Amounts paid for the current period remain due, subject to the right of withdrawal (article 9), the legal guarantee of conformity (article 10) and the cases provided for in articles 21.4 and 6.3.

21.3 Renewal. On the expiry date, the subscription is renewed for twelve months at the price then in force, unless termination is received before the expiry date. In accordance with article L215-1 of the French Consumer Code, HostHub informs consumers by e-mail, no earlier than three months and no later than one month before the expiry date, that they may choose not to renew the subscription. If this information is not provided, the Customer may end the subscription at any time after renewal, and the amounts paid for the period not yet elapsed are refunded within thirty days.

21.4 Termination by HostHub. HostHub may suspend and then terminate the subscription in the event of a serious breach by the Customer (non-payment after a formal notice that has remained without effect for fifteen days, unlawful content, use that harms the security of the platform), by reasoned written notice. In the event of termination for a reason not attributable to the Customer (for example discontinuation of the service), HostHub refunds the part of the period not yet elapsed and hands over the Customer's content and files under the conditions of article 23.

21.5 End of the subscription. The website stops being published on the date termination takes effect. During the following thirty days, the Customer may request an export of their content (article 23.4). Data is then retained and deleted in accordance with the privacy policy.

22. Loyalty

From the fourth year of subscription, the base price is reduced by 10% on each anniversary for four consecutive years, i.e. a maximum reduction of 40% of the base price, which then applies without time limit as long as the subscription is renewed without interruption.

23. Ownership of the website, content and domain name

23.1 Customer content. Texts, images, logos and data provided or entered by the Customer remain their exclusive property. The Customer warrants that they are lawful and grants HostHub the right to host, reproduce and display them solely for the purposes of the service.

23.2 Website during the subscription. During the subscription, HostHub makes the website available to the Customer as a service: the Customer has the use of it, and HostHub provides hosting, maintenance and security.

23.3 The website belongs to the Customer after three years. After three consecutive, paid years of subscription, the Customer becomes the owner of their website, which means:
— delivery, on simple request and free of charge, of a complete copy of the website's files and content (pages, texts, images, settings, exported database) in a standard format allowing reinstallation with another provider;
— transfer of the domain name registered by HostHub on the Customer's behalf, with the authorisation code (the Customer is its holder from registration, article 24);
— excluded from this delivery are paid licences for themes, extensions or fonts subscribed by HostHub, whose keys are never passed on and which the Customer must acquire themselves if they wish to keep them, as well as hosting, maintenance and support, which are only provided under a current subscription.
The Customer may remain a subscriber after the delivery; the two are not mutually exclusive.

23.4 Before three years. Before that term, and at any time, including during the thirty days following the end of the subscription, the Customer may request, free of charge, an export of their content (article 23.1) in a standard format; it is delivered within a reasonable time. The complete website files are not delivered before that term.

24. Domain name

The domain name chosen when ordering (.fr, .com or .eu) is free for the first year and registered in the Customer's name, who is its holder. Its renewal from the second year is invoiced at the price shown on the website at the time of the order, subject to article 6.3. On termination, the Customer may transfer it to the provider of their choice (authorisation code provided within five working days, article 14) or let it expire. If the Customer already owns a domain name, HostHub connects it to their website free of charge, provided that the Customer changes its DNS settings as instructed.

25. Hosting, maintenance and content

HostHub hosts and maintains the website (security updates, regular technical backups which do not exempt the Customer from keeping their own copies) under an obligation of means, and may interrupt the service for maintenance while limiting the duration of the interruption. The Customer is responsible for the content they publish and warrants that they hold the necessary rights. HostHub may suspend a website whose content is manifestly unlawful. Where the website collects personal data from visitors, HostHub processes it as the Customer's processor, solely for hosting and maintaining the website.

Appendix — Withdrawal form (consumers)

(Please complete and return this form only if you wish to withdraw from the contract.)

To LYS Enterprise Solutions (HostHub), 3 rue du Carembault, 59133 Phalempin, France — contact@hosthub.agency:
I hereby give notice that I withdraw from my contract for the provision of the following service:
— Service ordered on: …………… / Order number: ……………
— Name of consumer: ……………
— Address of consumer: ……………
— Signature of consumer (only if this form is notified on paper): ……………
— Date: ……………