Terms and Conditions

This service agreement has been put together to provide you with a complete and comprehensive set of policies that bind us as the service provider, and you, our Customer, whether as a Customer you are an artisan or a member of the public using the services of an artisan using this website to advertise his/her/their services or a member of the public utilising the services of this website in any way.

Terms of Services

  1. This service agreement is between Original-Designs (operating under the name WizzWoo.com and includes this website Artisan Anglais, which is part of WizzWoo.com) (hereinafter "Company," "us" or "our" or "ours") and you, our customer (hereinafter "Customer", "you" or "your") and may be the artisan or the person using an artisan on this website Artisan Anglais

  2. Upon paying for and using the services provided by Company, or utilising the services as displayed by artisans using this website to advertise their services, Customer indicates his/her agreement to the following terms and conditions, as outlined below. The use and or payment for Company services constitute an agreement with these terms and conditions. If you do not agree with any of these policies, please contact us immediately.

  3. Use of Company services requires Customer to be at least 18 years old.

  4. Company requires that Customer information, as listed on the account signup form, is a complete and accurate representation of Customer contact details. Customer must be a valid representative of the entity or organization listed on Company signup form.

  5. This agreement supercedes any other oral agreement between Company and Customer.

  6. Any of the terms, prices or services offered can be modified or updated with prior online or email notification.

Customer Responsibility

  1. Under Company's Web Hosting Agreement, Customer is responsible for uploading website files and/or providing and setting up any website content. Company is not responsible for modifying or updating website material.

  2. Customer is responsible for the content of any postings, data or transmissions. This responsibility is extended to any individuals or entities given access to the account by the customer.

  3. While Company will assist you in any way reasonable, we are not responsible for ensuring your domain name is transferred to our servers. Customer is responsible for making any necessary domain name server changes and ensuring the transfer is implemented correctly.

  4. Customer is responsible for updating and maintaining their contact information with Company. Any changes to the customer contact information must be provided to Company by mail or email. Customer is responsible for ensuring that Company is able to notify the customer for technical, billing or other issues or purposes deemed necessary by Company to maintain the account.

  5. We take no responsibility for the content or information contained on our customers' websites, web pages on this site or within their email.

  6. Please note that artisans paying for an advertisement on Artisan Anglais must be working legally and carrying out the services covered by their Siret number. If this is found NOT to be so, Artisan Anglais reserve the right to remove the advertisement without refund.

  7. All people using this website must accept responsibility for checking the Siret number and insurance details of any artisan they consider employing or actually employ. Artisan Anglais accept no responsibility for artisan web page details in any way, their work or any part of their work and it remains the responsibility of the artisan to truthfully offer the same services on the web page as they have registered for with their Chambres de Metiers and the responsibility of the person/people using the artisan's services to check that the artisan is offering the same services on the web page as they have registered for with the artisan's Chambres de Metiers

Lawful Purpose

  1. Company reserves the right to refuse service to anyone in violation of our Acceptable Use Policy (AUP) or anyone using our networks or servers for unlawful purposes.

  2. Customer agrees to abide by all terms outlined in our AUP. Any violation of those terms will result in the actions outlined in our AUP.

  3. Customer accepts liability resulting from any breach of our AUP.

  4. Customer is responsible for making their end-users aware of all the policies of Company and is responsible for any breach of those policies by their end-users, as laid out in our AUP.

Payment Policies

General

  1. Accounts will not be reactivated without prior payment.

  2. All hosting fees and domain name renewal fees are due on or before the due date of the renewing account and/or domain name.

  3. Technical work or requested services will only be implemented once payment for the service has been secured.

  4. Incomplete signup information can result in an account NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.

  5. We reserve the right to modify any billing prices subject to written notice via email or through a posting on our website.

  6. Any losses or expenses experienced by the customer, due to actions taken by the company in response to customer non-payment, is not the responsibility of Company.

Credit Card Payments

  1. Company can only receive credit card payments using WorldPay.

  2. Company has the authority to charge for services requested, pending hosting or domain name renewals, using the credit card information you provide for charging on your account.

  3. Hosting invoices will be sent out 5 (five) days before the payment is due.

  4. Domain renewal invoices will be sent out 35 days before the domain is due to expire.

  5. If you request a new service, you must pay at the time of the request for the new service. The service will only be set up if we are able to successfully charge the credit card .

  6. A reminder notice will be emailed to you two (2) weeks before the due date of your hosting renewal. This message will serve as a reminder that your charges are coming due.

  7. If we do not receive payment by the due date indicated on your invoice, your account will be suspended for non-payment and you will not be able to access your website.

  8. If we are unable to charge for your domain name renewal by your renewal date, the domain will be left to expire and your account will be suspended and you will not be able to access your website.

  9. After 28 days a suspended account will automatically be deleted from our system. When an account is deleted from our system, all copies of the website files are permanently and irretrievably removed from our servers.

  10. If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees and a reactivation fee.

  11. If we refund any fees due to any charges you dispute with your Credit Card Company, we will suspend your account. The suspended account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by Company resulting from your dispute or charge back request.
     

Domain Name

  1. Once a domain name has been registered or renewed through Company, no refunds will be given for the domain registration or renewal fee.

  2. The Customer has full ownership rights over any domain name registered or renewed through Company, where the domain registration fees have been paid in full.

  3. No domain name will be registered or renewed without prior payment of the required fee.

  4. If we are unable to secure payment before the domain renewal date, the domain will expire and the hosting account will be suspended.

  5. After 40 days, the domain name will be released by the Registrar Company and be made available to the general public for re-registration.

  6. Once a domain has expired, if the registration fee is then paid, we will put in a request with our Registrar Company to renew and reactivate the domain name. This process is normally complete within four (4) days.

  7. Once a domain has been renewed, if we receive a dispute of payment or a request for a refund from your credit card company, Company will take over the ownership of the domain name in question.

  8. Company is not responsible for maintaining the registrant information for domain names. The domain owner can modify all this information using our Control Panel.

  9. Company is not liable for any domain disputes that may arise over changed registrant information for a domain name.

  10. Company is not responsible for resolving any domain disputes. These issues must be resolved by the parties involved, according to the legal bounds of ICANN (Internet Corporation for Assigned Names and Numbers), the domain name governing body. Company will not act as an arbitrator, but will honour any decisions determined by ICANN.

Account Ownership

  1. Ownership of the account is determined by the individual or company listed in our database as the person or company paying for the account. This is determined as being the individual or company listed as the credit card holder on the account.

  2. Company will only email account login information if we are able to verify the login for the account.

  3. Customer may modify the email address over the phone, provided Company can verify the status of the caller using the above method.

  4. Company is not liable for any account disputes that may arise between various parties holding Company account login information when the information has been distributed by the verified account holder. Company is not responsible for any changes made to the account or any information that has been modified by Customer, or any parties authorized by Customer, to access the Control Panel.

  5. Company will act in accordance with the above ownership rules unless compelled by a domain dispute ruling as determined by ICANN (Internet Corporation for Assigned Names and Numbers), the domain name governing body.

Cancellation Policy

  1. We reserve the right to cancel any account for violation of our Acceptable Use Policy.

  2. If you do not wish to continue hosting with Company, or do not wish to renew your domain name, it is your responsibility to contact us to cancel your account or domain name.

  3. Transferring a domain to a new hosting company does not constitute cancelling an account with Company.

  4. All cancellation requests must be submitted by mail or email. You will need to indicate when you would like to cancel the account and if you are keeping the ownership of the domain name that we registered for you. If you do not indicate that you would like to cancel the domain renewal your account will automatically be modified to the OpenSRS Plan for all future domain management. This change will cancel all hosting services but leave your account open for the domain renewal.

  5. Should Customer fail to adequately notify Company of their intent to cancel an account, and the account is automatically charged and renewed, we will only refund any annual charges placed on the account after the date the official notification was received.

  6. Any account cancelled within 30-days of the initial sign up will receive a full refund for any paid for hosting fees. This refund does not include the domain registration or any setup fees for additional services requested.

Customer Referral Agreement

  1. Company will give one free month of hosting for any customer referred to our services by an existing customer.

  2. This free month will only be issued once the new customer has had an active hosting account with the Company for at least 30 consecutive days, and no longer available for our 30-day money back guarantee.

  3. To receive a free month, the new customer must input the referring customer's domain name on their signup form. Failure to input the domain name will mean that the referring customer does not receive the free month.

  4. Free months will not be issued retroactively.

  5. Free months will only be issued for those accounts that are in good financial standing.

  6. Referral Program credits cannot be combined with Affiliate Program credits.

  7. From time to time, the Company may conduct certain promotions or offers with their own terms. During such special promotions, these terms still control, except where superseded or in conflict. In such instances, the terms of the promotion or offer will control for only those terms that are superseded or in conflict with these terms.

Technology Parameters

  1. Customer is responsible for providing all telephone, computer, hardware and software equipment and services necessary to access Company networks, systems and servers. Company makes no assurances that the customer's equipment is compatible with its services.

  2. Company is not responsible for any service problems experienced due to the use of any programs, scripts or software that is not provided by Company nor resides on Company network, systems or servers.

  3. Company is not responsible for the correct functioning or trouble-shooting of any programs, scripts or software placed on our servers by the customer.

IP Address Ownership

  1. Company owns and maintains all IP addresses assigned to our hosting accounts. We reserve the right to change or move them with prior notice.

Electronic Commerce

  1. Customer is responsible for maintaining and creating their own online store.

  2. Customer is responsible for ensuring that products or services sold or made available are not illegal, are accurately represented and that the content of the store and related offerings do not infringe the rights of others.

  3. Customer is responsible for fulfilling all the online store needs such as order fulfilment, shipping, data security, etc.

  4. Customer is responsible for the security of their customers' credit cards.

  5. Company cannot be held liable for any disputed business transaction/s between our customers and their customers.

Website Accessibility

  1. Customers website will made available to third parties via the Internet 24 hours a day, seven (7) days a week, excluding the following circumstances:

    • Scheduled maintenance and regular system repairs as initiated by Company.

    • Down time caused by circumstances beyond Company control.

    • Down time caused by circumstances not reasonably foreseeable by Company such as (but not limited to) service problems experienced due to telecommunications or digital transmission links failures or interruptions, or general Internet failures or slow-downs.

Complaint Against Customer
(excluding Trademarks and Copyright complaints)

  1. Generally speaking, unless Company is issued a court order, or otherwise required by law, Company will respond to third-party complaints or notices by submitting the information to Customer and asking Customer to respond appropriately. With few exceptions, we will not deactivate or delete customer accounts.

  2. Company does not proactively review the website content or email of our customers. In some situations, as outlined above or in our AUP, we will review website content or email to validate compliance with our AUP.

  3. We take no responsibility for the content or information contained on our customers' websites, web pages on this site or within their email.

  4. Please note that artisan customers paying for an advertisement on Artisan Anglais must be working legally and carrying out the services covered by their Siret number. If this is found NOT to be so, Artisan Anglais reserve the right to remove the advertisement without refund.

  5. All people using this website must accept responsibility for checking the Siret number and insurance details of any artisan they consider employing or actually employ. Artisan Anglais accept no responsibility for artisan web page details in any way and it remains the responsibility of the artisan to truthfully offer the same services on the web page as they have registered for with their Chambres de Metiers and the responsibility of the person/people using the artisan's services to check that the artisan is offering the same services on the web page as they have registered for with the artisan's Chambres de Metiers

Emergencies / Use Affecting Others

  1. We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our customers, including but not limited to actions requiring us to deactivate your website, shut down our network, or review the content on your website to evaluate the reason for perceived behaviours.

  2. In rare instances, we may need to completely delete your website because of some significant failure, security breach or other emergency. In such cases, we do our best to backup your website, but we cannot ever guarantee a full restore of your website.

Backup / Restore

  1. Company cannot guarantee that the contents of your website will never be deleted, or that a backup of your website will always be available.

  2. We always RECOMMEND that our customers keep a local backup of their website. This means that all contents of a website should be copied to your local desktop computer and you should take steps to make a third backup (on tape, multiple floppies, another desktop, or elsewhere).

  3. Company makes a full backup of each server, each night (starting around 12am, MST). For every server we have a tape for each day of the week and for Friday, we have three (3) tapes. This means that for every Monday, we use the Monday tape. If it's Tuesday and you want to restore from a week prior to last Monday, we could only provide the restore from last Tuesday.

  4. We charge an administrative fee to restore your website and it usually takes us approximately 24 to 48 hours to fulfil restore requests.

Privacy

  1. Company will not, without Customer's permission, release or sell Customer's contact information, unless legally compelled to do so. Please note that in some circumstances, such as a court subpoena, Commodity Futures Trading Commission subpoena (under US Title 7, USC 15), or FBI summons under US Title 18, USC 2703(c), we must release your contact information without your knowledge.

  2. Customer gives Company consent to contact Customer directly, via United States Postal Mail, email or phone, regarding its services, for customer survey feedback, general announcements or other information that Company may deem potentially important to Customer.

Termination of Agreement

  1. This agreement may be terminated by either party upon written notice of a breach of the policies laid out in this service agreement.

  2. The termination is valid if either party breaches any policies laid out in this agreement and the breaching party fails to remedy the breach within two (2) weeks of receiving written notification of the breach or if either party is the subject of a filing of bankruptcy action in any court of competent jurisdiction, whether initiated by the party or adjudged against the party.

Limitations of Liability

  1. Company operates a shared hosting environment, which affords a cost-effective hosting option for our customers and introduces some risk that a customer could impact others.

  2. We cannot accept any liability for downtime, interruptions of service, loss of business, breach of security or inadvertent access to your private data.

  3. We cannot accept any liability for our response to a legal requirement or court order. Furthermore, there are some circumstances where Company must use its best judgment on how to respond to opposing legal viewpoints. In such instances, we cannot accept any liability where our judgment is ultimately wrong.

  4. COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED IN CONNECTION WITH ITS PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  5. THE MAXIMUM LIABILITY OF COMPANY TO CUSTOMER FOR DAMAGES RELATING TO COMPANY'S FAILURE TO PROVIDE SERVICES SHALL BE LIMITED TO REIMBURSEMENT OF THE TOTAL FEES PAID BY CUSTOMER TO COMPANY. NOTWITHSTANDING THE FOREGOING, THE MAXIMUM LIABILITY OF COMPANY TO CUSTOMER FOR DAMAGES FOR ANY AND ALL OTHER CAUSES WHATSOEVER, AND CUSTOMER'S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO REIMBURSEMENT OF THE TOTAL FEES PAID BY CUSTOMER TO COMPANY. IN NO EVENT SHALL COMPANY BE LIABLE FOR (A) ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE NETWORK, SYSTEMS, SOFTWARE OR THE SERVICES PROVIDED HEREUNDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHERWISE FOR ANY SUCH CLAIM, OR (B) FOR ANY DAMAGES OR COSTS ARISING FROM ANY THIRD PARTY'S ACTIONS, FAILURE TO ACT, OR DELAY IN PERFORMING ANY OBLIGATION WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY SHALL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE.