Contractual Document

Terms of service

What you buy, what we owe, and what happens when one of us fails to keep their commitment. No hidden clauses.

  • Governing Law France
  • Term commitment None
  • Servers Europe (EU)

This document describes what Kardox Media sells, what the customer buys, and what happens when one of the two does not keep their commitment. It is written to be read: no clause is relegated to a footnote, no cross-reference leads to a text that cannot be found.

Purpose

These terms of service govern the sale and provision of the services offered by Kardox Media on client.kardoxmedia.com: shared web hosting, registration and management of domain names, security certificates, and website and application development work.

Any order placed on the site entails full and complete acceptance of these terms, in the version in force on the day of the order. They prevail over any other document issued by the customer, in particular their purchasing terms, purchase orders, and advertising material.

Together with the order summary, the description of the chosen plan, and the privacy policy, they form the entire agreement between the parties.

Definitions

For the reading that follows, the terms below have the meaning indicated.

Term Meaning in this document
Customer The natural or legal person who places an order and subscribes to a service.
Consumer The customer acting for purposes outside their professional activity. The clauses specific to them are flagged.
Service The subscribed offering: hosting, domain name, certificate, or development.
Plan One of the three levels of shared hosting — Starter, Pro, Business.
Client area The interface at client.kardoxmedia.com from which orders, invoices, services, and cancellation are managed.
Period The term billed in advance — one month, one year, two years, or three years — chosen at the order.
Content The files, databases, mail, and code placed by the customer on their hosting.

Identity of the provider

Kardox Media — Campus Numérique 47, 156 avenue Jean Jaurès, 47000 Agen, France.

Contact: contact@kardoxmedia.com

Kardox Media operates the services described below. For the content placed by its customers, it acts as a hosting provider within the meaning of the French law on confidence in the digital economy: it exercises no general supervision of what is published and chooses neither its nature nor its presentation.

Location of the servers

The servers hosting the services are located in Europe, within the European Union, spread across several countries of the continent.

Sites, databases, and backups remain within the Union. They are therefore governed, without exception, by European data protection law. No transfer outside the Union is organized by Kardox Media.

The hosting plans

Shared hosting is offered in three plans, with no minimum term.

Plan Price per month Hosted sites
Starter 2,99 € one site
Pro 5,99 € five sites
Business 9,99 € fifteen sites

Each plan further specifies the NVMe disk space, the monthly traffic, the number of MariaDB databases, the email accounts, and the backup frequency. The specifications and prices displayed at the time of ordering are authoritative: the table above is a guide, the order page is the reference.

The Let's Encrypt certificate is included in every plan, installed and renewed automatically, at no extra charge and with no action required from the customer.

Ordering and formation of the contract

The order follows three steps.

  1. Choice of the plan and the period — one month, one year, two years, or three years. A longer period lowers the monthly rate, and that rate is also the renewal rate.
  2. Configuration: the information needed to open the service and for billing.
  3. Payment, after checking the summary and accepting these terms.

The contract is formed upon actual receipt of payment. Activation is automatic as soon as payment is received. A confirmation email summarizes the order and carries the information needed to go live; it should be kept.

The customer warrants the accuracy of the information provided. A valid, regularly checked email address is required: it carries every notification relating to the service — activation, renewal notice, invoice, incident, change to the terms.

Capacity

The customer declares that they have the legal capacity to contract. When ordering on behalf of a legal person, they declare that they have the authority to bind it.

Prices

Prices are stated in euros, all taxes included, as a monthly rate; the amount invoiced corresponds to the chosen period, paid in advance. The applicable tax is the one in force on the day of invoicing.

The price paid at sign-up is the price paid at renewal. Kardox Media practices no teaser rate, no first-period discount followed by an increase, no small-print "price after renewal" line.

A change in rates can only concern future orders. It never applies, even in part, to a subscription in progress.

In practice: a subscription taken out at 2,99 € per month remains billed at 2,99 € per month for as long as the customer keeps their plan and their billing period.

Invoicing and payment

Services are payable in advance, for the chosen period. Each due date gives rise to an invoice, made available in the client area and announced by email before the new period is charged.

Common payment methods are accepted.

Payment method What happens
Credit or debit card Immediate settlement on a secure page. The service activates automatically.
Equivalent solutions The payment methods and wallets offered by the payment page, according to what the customer's device and browser support.
Bank transfer On request. The service activates upon actual receipt of the funds.

Online payments are handled by an authorized payment provider, whose role is described in the privacy policy. No card data passes through or is stored on Kardox Media's servers: we know only the outcome of the transaction and the method used.

In case of non-payment

  1. A reminder is sent by email to the account address.
  2. The service is suspended if the reminder has no effect: the site stops being reachable, the data is not deleted.
  3. The contract is terminated if the situation is not resolved; the content is deleted at the end of the retention period.

A temporary difficulty is better resolved before the due date than after: a ticket is enough.

Term and cancellation

Subscriptions are concluded with no minimum term, for the chosen period, and renew tacitly for an identical period. The customer is notified by email before each renewal.

The customer may cancel at any time from their client area, with no justification and no notice period. Cancellation takes effect at the end of the current period: the service remains active until that date, and the days already paid for are not lost.

No pro-rata refund is made for a period already started. That is the counterpart of the absence of commitment, setup fees, and cancellation fees.

Changing plans

A plan can be changed in either direction, at any time, from the client area.

  • To a higher plan: the limits are raised; the difference in rate applies to the following period.
  • To a lower plan: the change requires that actual usage fit within the limits of the target plan. An account exceeding those limits must be slimmed down first.

Right of withdrawal

This section concerns the consumer.

The consumer has, as a rule, a period of fourteen days from the conclusion of the contract to withdraw, without giving a reason and without penalty.

In accordance with Article L221-28 of the French Consumer Code, the customer who expressly requests immediate performance of the service acknowledges losing their right of withdrawal once the service has been fully performed. That request is collected at the time of ordering: as activation is automatic, the service is performed upon receipt of payment.

Where it remains possible, withdrawal is exercised by an unambiguous statement sent to contact@kardoxmedia.com. No particular form is required.

Domain names

The domain name is registered in the customer's name, who remains its holder. Kardox Media acts as an intermediary with the competent registry.

That registry's rules apply in addition to these terms; the customer accepts them by placing an order. They govern in particular allocation, transfer, disputes over the name, and the data published in the directory.

A domain not renewed by its due date ceases to be active and may, at the end of the registry's own periods, become available to a third party again. That consequence is irreversible: a domain's expiry date must be watched.

Availability and maintenance

Kardox Media uses reasonable means to ensure the continuity, performance, and security of the service. It is bound by an obligation of means, not of result.

No numerical uptime rate is guaranteed. We prefer to promise nothing we cannot demonstrate.

Planned maintenance is announced in advance and scheduled, as far as possible, at off-peak hours. Emergency work — security, integrity of the infrastructure — may take place without notice; the customer is informed of it.

Support

Support is provided in French, by ticket from the client area and by email at contact@kardoxmedia.com.

The ticket is the preferred channel for a request tied to a running service: it carries the technical context and leaves a dated record, readable by both parties.

Support covers the operation of the hosting and the subscribed services. It covers neither the development, nor the fixing, nor the administration of the applications installed by the customer: that work belongs to a separate engagement, described further below.

Customer obligations

The customer undertakes to:

  • keep their contact details up to date, in particular their email address;
  • keep their credentials confidential and report without delay any suspicious use of their account;
  • keep up to date the applications, extensions, and themes they install — an outdated version is the leading cause of compromise of a shared-hosting site;
  • hold the necessary rights to the content they publish;
  • comply with the acceptable use rules set out below.

Acceptable use

The customer is solely responsible for the content they publish and the uses made of their hosting. The following are prohibited in particular:

  • any illegal content or content infringing the rights of third parties, in particular copyright;
  • the sending of bulk unsolicited email and any form of phishing;
  • the distribution of malicious software and the hosting of files intended to spread it;
  • any attempt at intrusion, unauthorized scanning, or harm to third-party systems;
  • circumventing the limits of a plan, in particular by splitting a single use across several accounts;
  • any use causing abnormal consumption of shared resources, to the detriment of other customers.

Shared hosting rests on common resources: a site that monopolises them degrades everyone else's. That is the sole purpose of this last limit.

Reporting illegal content

Anyone who considers that content hosted by Kardox Media is illegal may report it to contact@kardoxmedia.com.

A report is more useful when it includes the exact address of the page concerned, a precise description of the facts, the reasons why the content should be removed, and the contact details of its author.

Kardox Media acts under the conditions provided by law: it exercises no general supervision of the content it hosts, but promptly removes content whose manifestly illegal character is reported to it. A manifestly abusive report engages the liability of its author.

Ownership of content

The customer retains full ownership of the content, databases, and code they host. Kardox Media acquires no rights over these elements.

Access to this content is limited to what the operation of the service, the support requested by the customer, the security of the infrastructure, and legal obligations require. It is restricted to the people who need it, individually assigned, and logged.

The elements of Kardox Media's own site — brand, visual identity, texts, interfaces, style sheets — remain the property of Kardox Media.

Backups and recovery

Backups are made at the frequency specific to each plan, as displayed at the time of ordering, and kept on infrastructure separate from production.

They are a continuity measure, not a guarantee of absolute integrity: data corrupted before the backup is corrupted in the backup too. The customer remains responsible for keeping their own copies of their data and for periodically checking that they are usable. A restoration is requested by ticket.

Before leaving

The customer accesses their files and databases through the technical means associated with their hosting, and may retrieve them at any time during the life of the contract.

After cancellation, content is deleted at the end of the retention period. Retrieval must therefore be arranged before the effective date of cancellation — which is also the time to prepare the switch of the domain name, avoiding an outage between two hosts.

Suspension for breach

In the event of a serious breach of these terms, in particular of the acceptable use rules, Kardox Media may suspend the service.

The suspension is notified to the customer, except where urgency — harm to security, to third parties, or to the infrastructure — requires immediate action. The customer is then informed without delay, and the measure is limited to what the situation requires.

If the breach persists after a formal notice has gone unheeded, the contract may be terminated automatically, without further formality, without refund of the sums paid for the current period.

Liability

Kardox Media is bound by an obligation of means.

It cannot be held liable for indirect damage, in particular loss of business, revenue, customers, or reputation. Nor can it be held liable for the consequences of an act of the customer — a misconfiguration, an application left unpatched, a disclosed credential — or of a third party or a visitor to a hosted site.

In any event, compensation is limited to the amount actually paid by the customer for the service concerned during the twelve months preceding the triggering event.

No limitation applies in the event of gross negligence or wilful misconduct, of personal injury, or where the law prohibits it. The statutory guarantees owed to the consumer remain unaffected in all cases.

Force majeure

Neither party may be held liable for a failure resulting from force majeure within the meaning of Article 1218 of the French Civil Code.

The prevented party informs the other without delay and does what is in its power to limit the consequences. If the event continues beyond thirty days, either party may terminate the contract by written notice, without compensation on either side.

Development work

Website and application development work is the subject of a prior quote, which describes the agreed scope, schedule, and price.

The accepted quote prevails over these terms, which apply to everything it does not settle. The customer provides in good time the content, access, and approvals needed; a delay on their part shifts the schedule accordingly.

The exploitation rights over the developments produced are transferred to the customer upon full payment of the price. Third-party components integrated into the work remain governed by their respective licenses, which are communicated to the customer.

Personal data

The processing of personal data carried out by Kardox Media is described in the privacy policy, which forms an integral part of these terms.

For the data the customer hosts — that of the visitors to their sites, their customers, their members — the customer is the data controller and Kardox Media acts as a processor within the meaning of Article 28 of the GDPR, on the customer's instructions and solely to perform the service.

Changes to the terms

Kardox Media may amend these terms. Any substantial change is notified to the customer by email at least thirty days before it takes effect.

A customer who refuses the new version may cancel free of charge before that date. Continued use of the service beyond it constitutes acceptance. Changes of pure form — corrections of clerical errors, drafting clarifications — do not open this right.

Complaints and mediation

Any complaint is sent to contact@kardoxmedia.com and receives a reply as promptly as possible. A written exchange resolves most situations.

A consumer who does not obtain satisfaction may turn, free of charge, to a consumer mediator, whose contact details are provided on request, and then to the European online dispute resolution platform. Recourse to mediation is optional and does not prevent bringing the matter before a court.

Miscellaneous

Evidence

The registers and logs kept by Kardox Media — connection, orders, payments, tickets — are admissible as evidence between the parties.

Notices

Notices are validly sent to the account's email address for the customer, and to contact@kardoxmedia.com for Kardox Media. It is the customer's responsibility to keep that address up to date.

Subcontracting and assignment

Kardox Media may use technical subcontractors; it remains answerable to the customer for performance. The contract may be assigned as part of a transaction concerning the company's assets: the customer is informed and retains the option to cancel.

No waiver

The fact that one party does not rely on a clause does not constitute a waiver of the right to rely on it later.

Partial invalidity

If a clause is declared void or unenforceable, the others remain in force. The clause set aside is replaced by a stipulation of equivalent economic effect.

Language

These terms are drawn up in French. In the event of a translation, the French version prevails.

Governing law

These terms are governed by French law.

The parties first seek an amicable solution. Failing that, the dispute falls to the competent French courts. The consumer retains the right to bring the matter before the court of the place where they resided at the time the contract was concluded or the harmful event occurred.