NEWREI SARL GENERAL CONDITIONS
- APPLICATION OF THE GENERAL CONDITIONS
These general conditions (hereinafter the "General Conditions") govern all contractual relations between NEWREI, a SARL company under Moroccan law, having its registered office in Marrakech, MOROCCO / 1 and third parties acting within the framework of their professional activity (hereinafter the "Clients" or, taken individually, the "Client").
The General Conditions apply to the provision of the services offered by NEWREI listed in article 2 of the General Conditions and are only applicable to the exclusion of all others.
NEWREI may occasionally have to modify some of the stipulations of these General Conditions. The Customer therefore undertakes to read the General Conditions prior to the signing of an order form, each purchase being governed by the General Conditions applicable on the day of the signing of the order form by the Customer.
Any signature of an order form by the Customer supposes that he has read and accepted without reservation the General Conditions. The following conditions constitute for NEWREI essential conditions of the contract to be concluded with the Client:
- the Customer's knowledge and unreserved acceptance of the General Conditions;
- that the Client acts only within the framework of his professional activities.
NEWREI is a service provider operating in the fields of (i) software production and marketing and (ii) communication (website design and creation, development, design and production of online and offline video games, creation of graphic charters / visual identity, IOT, Web Design & Print, filming and video editing, design and production of special effects, and 3D animations, communication / marketing, SEO and website hosting, etc. (the "Products")). A further description of the Products is available on its website www.newrei.company under the "Services and Skills" tab (the "Site").
- ORDERING AND FORMATION OF THE CONTRACT
The Site is not an online sales site, so no purchases can be made directly online. 3.2. The information provided on the Site, in particular the example projects does not bind NEWREI which reserves the right to adapt or modify all the characteristics of its Products according to the information which will have been provided to it by the Customer prior to the establishment of the order form and / or the specifications.
Likewise, the information and estimates relating to the Products do not constitute a contractual offer, so that the mere acceptance of the Customer cannot in itself give rise to a contract.
Following the entry into relationship, and on the basis of the information given by the Customer and / or the specifications possibly drawn up by the Customer, an order form or a contract, depending on the nature of the Product, including the description of Products, the final price of Products in dirhams, euros, dollars, excluding VAT and VAT, and the total amount to be paid by the Customer (the "Price") will be sent to the Customer for acceptance (the "Contractual Document"). p>
The Contractual Document can only be considered an offer if it has been signed by at least one of the two parties. The signatory party may add a period of validity to this offer.
If specifications have been established by the Customer, the latter will determine the extent of NEWREI's obligations, and in particular the characteristics of the Products. The Customer may in no case take advantage of a characteristic which would not appear in the specifications. If no specifications have been established, the characteristics of the Products will be deemed to be the standard characteristics for the type of Product considered.
By signing the Contractual Document, the Customer expressly accepts the General Conditions. The specifications, if one has been drawn up, form an integral part of the Contract (as defined below).
Subject expressly to the condition precedent provided for in article 6.2. of the General Conditions, the contract is deemed to be formed between the parties on the date when the Contractual Document has been signed by both parties (the "Contract"). Consequently, the Customer's order must be considered as final and irrevocable. It can only be canceled with the express consent of the parties, except in the event of nullity, resolution or legal or contractual termination.
NEWREI reserves the right to subcontract all or part of the services entrusted to it, and this under its sole and entire responsibility.
The Client agrees not to deal directly with the subcontractor of NEWREI within one (1) year following the end of the contractual relationship between the Client and NEWREI.
Unless otherwise stipulated, the prices given on the Site, catalogs, prospectuses and prices provided by NEWREI may be modified without notice within the framework of the laws and regulations in force. Unless otherwise indicated, the prices appearing on the Contractual Document are firm and not subject to revision, and are stipulated excluding taxes and fees.
All prices are given subject to manifest error.
The Customer understands and accepts that the final price of the Products is determined on the date of signature by NEWREI of the Contractual Document, regardless of the date of acceptance of the Contractual Document by the Customer.
The Customer understands and accepts that any service requested by him and / or necessary in order to deliver the Products, and not stipulated in the Contract entails an additional price. The same applies when the initial environment (operating system, hardware change, change of version of the creative application, internet browser in the case of an online application) in which the Product must be installed has been modified ( including in the event of an update) since NEWREI signed the Contractual Document.
Unless otherwise agreed between NEWREI and the Customer, payment for the Products is made in cash. Unless expressly agreed in writing, the Customer must pay a deposit in the amount of thirty (30) percent of the total price excluding taxes of the order (the "Deposit") by bank transfer upon receipt of the Contract.
The Contract is concluded under the condition precedent of the credit of the Deposit on the bank account of NEWREI indicated in the Contract. The Client therefore understands and accepts that NEWREI will only start its work and / or trigger an order from its suppliers and / or subcontractors, as of the credit date of the Deposit on its bank account. P >
The Customer will pay the balance of the inclusive price (the "Balance") at the time of delivery of the Products, by bank transfer in accordance with the invoices issued by NEWREI. 6.4. NEWREI does not currently offer credit facilities to its Customers.
In the absence of payment of the Balance under the conditions defined above, NEWREI reserves the right to automatically terminate the Contract, without NEWREI having to carry out other formalities (legal or extrajudicial).
NEWREI may, failing payment by the Customer of all or part of the Price, send him a formal notice. NEWREI may, in the absence of payment within eight (8) days from the date of formal notice, obtain at the customer's expense the return of the Products not fully paid.
Any amount due to NEWREI bears interest at a rate equal to the rate of interest on arrears on overdue receivables resulting from commercial transactions in accordance with the Law relating to payment periods and interest on arrears from its due date and without prior notice.
In all cases, the Deposit will remain with NEWREI.
Failure to pay any amount by the due date also authorizes NEWREI to claim from the Customer, in addition to the Deposit and interest for delays mentioned above:
- the Balance, which becomes immediately due;
- reimbursement of collection costs incurred by NEWREI;
- compensation equal to fifteen percent (15%) of the amounts due; and
- damages if the damage suffered is not fully compensated by the amounts mentioned above.
Finally, failure to pay an amount when due authorizes NEWREI to suspend the performance of its obligations.
Delivery consists of the delivery of the Product to the Customer, according to the terms agreed between NEWREI and the Customer in the Contract, regardless of any installation or receipt.
The delivery times start from the date of formation of the Contract and are purely indicative.
NEWREI cannot in any case be held responsible for the direct and indirect consequences due to a delay in delivery which is not attributable to it. Consequently, any delivery delays not attributable to NEWREI can neither justify termination of the Contract nor give rise to any compensation whatsoever.
The Client understands and accepts that any service not stipulated in the Contract results in a delay in delivery compared to the period initially agreed. The same applies when the initial environment (operating system, hardware change, change of version of the creative application, internet browser in the case of an online application) in which the Product must be installed has been modified ( including in the event of an update) since the Customer signed the Contractual Document.
NEWREI will in particular be automatically relieved of all responsibility relating to non-compliance with delivery times:
- in the event of non-compliance by the Customer with the payment conditions mentioned in article 6 (Payment) of the General Conditions; or
- if the information to be provided by the Customer has not been transmitted by the latter in due time;
- if the Customer has requested additional services which were not initially stipulated in the Contract; and
- if the initial environment (operating system, hardware change, change of version of the creative application, internet browser in the case of an online application) in which the Product must be installed has been modified (including in the event of an update) since the Client signed the Contractual Document
- LICENSE TO USE THE PRODUCTS
Unless prior written agreement between NEWREI and the Customer, the Customer is granted a non-exclusive license to use the Products. The Products, in particular the software and their source codes, projects, models, sketches, pilots, texts, slogans and graphic designs remain the exclusive property of NEWREI.
The extent of the rights granted under the said license depends on the Product and will be specified in the framework of the Contract concluded with the Customer. 8.3. Unless prior written authorization, the license to use the Products may not be sold, assigned, pledged and / or alienated.
The license to use the Products, with all their accessories, is however granted subject to the condition precedent of full and final payment of the Price by the Customer.
The risk of damage and loss is transferred to the Customer upon delivery of the Product.
Notwithstanding the existence of a prior authorization in this sense, the Customer expressly prohibits himself from assigning, transmitting, pledging and / or alienating (in any form whatsoever) the license to use the Products, including accessories, delivered by NEWREI before full payment of the Price.
The Customer therefore undertakes, until full and final payment of the Price, to store / save / keep / store / maintain the Products so that they do not suffer any degradation, or more generally no loss valuable. If NEWREI is forced to repossess the Products, including their accessories, objects of the Contract, any degradation and / or loss of value of the Products and / or their accessories will be borne entirely by the Customer.
In any event, the client expressly prohibits:
- to modify the source code of NEWREI software; and / or
- to publish in any form whatsoever all or part of a source code of NEWREI software without the prior written consent of NEWREI
- INTELLECTUAL PROPERTY
All software, source codes, projects, models, sketches, pilots, texts, slogans, graphic creations created by NEWREI, remain its exclusive property and may not be imitated or reproduced without the prior written authorization of NEWREI. Their reproduction, use or imitation, insofar as it is not authorized by the Contract, in any form and by any process constitutes a forgery or an act of unfair competition.
The license granted on the Products does not give the Customer the right to use the brand (s) or logos of NEWREI or those of third parties who have licensed NEWREI.
All Products designed by NEWREI may be used by NEWREI for advertising purposes.
- PRODUCT WARRANTIES
Except in the case of a special contractual guarantee (extension of guarantee) expressly subscribed in addition, and in addition to (ii) the legal guarantee of conformity and (iii) the legal guarantee against hidden defects, the Customer benefits from a contractual warranty (the “Contractual Guarantee”) of 3 months on the Products.
The Contractual Guarantee is only applicable from the date of delivery of the Product to the Customer, and subject to (i) the express reservation of the formation of the Contract and (ii) full payment of the Price. p >
Within the framework of the Contractual Guarantee, NEWREI guarantees that the Product will allow a use conforming essentially, to the performances defined by the Contract, and this during the duration of the Contractual Guarantee.
NEWREI is bound by an obligation of means with regard to the realization of the Products. The Customer is informed and accepts that the Products, and in particular the software, cannot be completely free from defects or bugs.
It is up to the Customer to take out a maintenance contract for everything that does not fall under the Contractual Guarantee and the legal guarantees mentioned above.
NEWREI will under no circumstances be liable for indirect damage of any kind whatsoever suffered by the Customer due to the use or inability to use the Product. In particular, NEWREI cannot be held responsible for loss of profits, turnover and more generally, without this list being exhaustive, all other pecuniary losses, slowdown or interruptions of activity, loss of commercial information. < / p>
NEWREI will under no circumstances be liable for direct or indirect damage of any kind whatsoever, suffered by the Customer due to the use or inability to use the Product outside the scope defined and accepted in the Contract, or in the event of improper use of the Products.
The warranty is automatically void if the customer changes the source code of software from NEWREI without the prior written and signed agreement of NEWREI, regardless of whether NEWREI has been informed beforehand of this. change.
The Contractual Guarantee ceases to be applicable if the initial environment (operating system, hardware change, version change of the creative application, internet browser in the case of an online application) in which the Product has installed has been modified (including in the event of an update) since delivery.
It is the Customer's responsibility to take all the necessary precautions to avoid any loss of their data. NEWREI will in no case be liable for direct or indirect damage of any kind whatsoever suffered by the Customer due to any loss of data (in the case where a specific backup contract has been concluded between the Client and NEWREI, please refer to the guarantees given under this contract).
- GUARANTEE OF EVICTION
NEWREI guarantees the Customer a peaceful enjoyment of the Products as a personal fact. As such, NEWREI undertakes to defend the Client against any action in violation of copyright or other intellectual property rights brought by a third party subject to (i) having been immediately notified in writing by the Client and (ii) that the alleged violation does not result from the Client's act.
NEWREI will have sole control over how to conduct the action and will be free to compromise or pursue any procedure of its choice. The Client must fully cooperate with NEWREI and in particular provide all the information, elements and assistance necessary for NEWREI to enable it to carry out its defense or reach a transactional agreement.
If the Product, or part of it, is recognized by a enforceable court decision as constituting an infringement or if NEWREI considers that it is likely that the Product, or part of it here, either considered to be an infringement, NEWREI may, at its option, (i) either provide the Customer with a non-counterfeit Product having the same functionality, (ii) or obtain the right for the Customer to continue using and exploiting the said Product , (iii) either reimburse the Customer for the price received under this Contract.
The Customer must notify his complaints by registered letter with acknowledgment of receipt to NEWREI within eight (8) days of receipt of the Products, at the address indicated in article 1 of the General Conditions. After this period, the Products are considered as definitively accepted.
- FORTUITOUS AND FORCE MAJOR CASES
NEWREI cannot be held responsible in the event of non-performance of the Contract if this non-performance is due to a case of force majeure, as defined by Moroccan law, and / or in the event of the Customer's fault, and / or unpredictable and insurmountable fact from a third party to the contract.
The following events are particularly, but not limited to, force majeure: internal or external strikes, natural disasters, delays in the supply of NEWREI products.
- SALE OF COMPUTER EQUIPMENT
Exceptionally, NEWREI may also be required to sell IT equipment ("IT Equipment") insofar as the Products cannot be supplied independently of this IT Equipment.
In the event of sale of IT Equipment (s), and unless specific specifications previously accepted by NEWREI:
- The sale of IT Equipment is subject to a separate contract and / or general conditions which will either be contained in the sales contract, or communicated to the Customer with the sales contract prior to ordering; li>
- the characteristics of the Goods are those which appear on the specifications of the manufacturer (s) and / or supplier (s);
- The photos and technical descriptions of the Goods having been supplied to NEWREI by the manufacturer (s) and / or supplier (s), are given for information only and cannot be considered as contractual to the regards from NEWREI;
- The payment conditions and delivery methods for the IT Equipment will be those imposed by the manufacturer (s) and / or supplier (s);
- In addition to the legal guarantees of conformity and against hidden defects which weigh on the seller, the guarantees offered by NEWREI on IT Equipment will be limited to those provided by the manufacturer (s) and / or supplier (s) ;
- NEWREI's liability in connection with the sale of IT Equipment will also be limited in the same terms as that of the manufacturer (s) and / or supplier (s); and
- NEWREI cannot be held responsible for the immediate unavailability and / or withdrawal of IT equipment from the market;
Unless expressly stated otherwise, articles 3, 5, 6, 9, 12, 13, 15, 16, 17, 18 and 19 also apply to the sale of IT Equipment by NEWREI.
- LIMITATION OF LIABILITY CLAUSE
In any event, the Customer expressly accepts that NEWREI's liability for the fact of the Contract is limited to the amount of the Deposit actually paid by the Customer, unless gross or willful misconduct by NEWREI.
- PROCESSING OF PERSONAL DATA
The personal data that the Client communicates to NEWREI is processed in application of decree n ° 2-09-165 of 25 joumada I 1430 (May 21, 2009) made for the application of law n ° 09-08 on the protection of individuals with regard to the processing of personal data, as amended (the “Data Protection Act”).
NEWREI may from time to time ask the Customer to provide certain data such as his name, postal address, e-mail address and any other data such as the country and or the municipality of residence or any other information communicated.
This data will not be used for commercial purposes without the prior consent of the Customer. The Customer already accepts that the Product may appear or be referenced on the Site, associated with the Customer's name, in order to allow NEWREI to promote its Products.
The Customer also accepts that the name and contact details of NEWREI may appear on the Products in the form of a hypertext link referring to the Site.
NEWREI takes all necessary measures to ensure data security, while taking into account the more or less sensitive nature of the data. However, it cannot rule out all the risks associated with the transmission of such data, in particular when using the Internet.
In accordance with the Data Protection Law, the Customer has the right to access, modify or oppose any data processing which concerns him. To make use of these rights, the Customer can contact NEWREI.
NEWREI will treat with the strictest confidentiality the information which will have been communicated to it by the Client or to which it will have had access within the framework of the execution of the contract.
However, it is the Customer's responsibility to inform NEWREI, before signing the order form, of the existence of information covered by a higher level of confidentiality, and in particular of the existence of information covered by secrecy. professional (within the meaning of article 458 of the Criminal Code).
The General Conditions and the contract (s) concluded in application of the General Conditions are subject to Moroccan law, and the courts of the City of Marrakech are solely competent to hear disputes relating to the application and / or the interpretation of the General Conditions and contracts concluded in application of the General Conditions.
In the event of a dispute, the Customer nevertheless undertakes to contact NEWREI beforehand in order to seek a satisfactory amicable solution
- HIERARCHY OF STIPULATIONS
In case of contradiction between the provisions of the General Conditions and those contained in the Contract, the latter will prevail.
SPECIAL CONDITIONS FOR WEBSITE HOSTING
These Special Conditions are added to the General Conditions of NEWREI, In case of contradiction, the Special Conditions here present will prevail over the General Conditions of NEWREI.
- DESCRIPTION OF THE SERVICE
The service relates to the hosting of data belonging to the Customer on a server operated by NEWREI. The service involves the allocation to the Customer of a memory space whose capacity and characteristics are defined in the offer.
Unless otherwise agreed, NEWREI will make backups of Customer data only according to the following scheme: Weekly backup: 2 weeks retention
Any additional service requested for the purposes of data recovery will be invoiced for the work under management at an hourly rate of € 90 / hour excluding VAT.
- PROVISION OF THE SERVICE
NEWREI will do everything to ensure that the Customer can access the service within the time limit defined in the offer.
The provision of the service is materialized by the fact that the Customer must be able to access and benefit from the service, regardless of whether or not he actually uses it.
The Customer has 5 working days from the Date of Availability to make any comments they may have concerning the compliance of the service with the offer and the correct execution of the migration of their data. In the absence of observations after this period, the provision of the service is deemed to have been carried out correctly. To be admissible, observations must clearly identify the anomalies noted.
Access to the service is via the Internet. NEWREI does not provide either the equipment or the communication tools necessary for connecting to the internet.
- OBLIGATION AND RESPONSIBILITIES OF THE CLIENT
The Customer alone determines who has access to the service. It designates, if necessary, one or more users of the service for which it requests the allocation of connection codes.
The Customer operates alone and under his responsibility the IT solution made available to him through the service. In particular, if the Customer hosts one or more websites via the service, he is required to comply with all of the legal obligations incumbent on the host in accordance with applicable law.
The Customer is required to make use of the service in compliance with the laws and in good faith, particularly with regard to the use of the very high speed Internet connection made available on our servers. The Customer agrees that NEWREI installs the filters it deems necessary on the connection to the Internet to ensure the security and proper functioning of the transmission of communications.
The Customer must, in particular, refrain from using the service to store any illegal content (racist or extremist, etc.) or in violation of the intellectual property rights of third parties (MP3, DIVX files, photos, films, literary works, software, video games, etc.); use the technique of spamming on the Internet or to engage in any activity of "intrusion or attempted intrusion from the service (such as port scanning, sniffing, spoofing, etc.). p>
The Customer may not assign, lend or disclose voluntary or involuntary material due to his negligence or the lack of necessary precaution, connection codes
The Customer is required to provide NEWREI with correct, complete and up-to-date information.
The Client ensures that users make use of the service and the connection codes in accordance with these conditions.
The customer is responsible for any action by a third party linked to use of the service contrary to these specific conditions.
- LIMITATION OF LIABILITY
NEWREI incurs no responsibility:
- concerning the data (files, texts, sounds, programs, etc.) stored by the Customer and / or a user on a server operated by NEWREI, in particular in the event of illegal content or in violation of the rights of third parties; li>
- for any problem that would be due to non-compliance with advice given to the Customer, use of the services by the Customer or by users not in accordance with what is provided for in the contract;
- in the event of improper use of access or in the event of hacking of connection codes by a third party;
- for any difficulty in using the service linked to internet access, connection speed and / or internet availability by the Customer, the latter solely assuming responsibility for having a sufficient internet connection and adequate to be able to access and use the service correctly;
- for any difficulty in using the service linked to the Customer's hardware or its incompatibility for correct use of the service;
- in the event that it is impossible to perform its services within the agreed period resulting from a fault committed by the Client, in particular in the absence of communication of information necessary for the provision or resolution of a malfunction of the Customer service;
- in the event of unavailability of the service due to updating, maintenance or disruptions, technical or otherwise, affecting all or part of the service;
- in the event of communication of data relating to the Client at the express request of a competent administrative or judicial authority, in application and in compliance with applicable law;
The obligations subscribed by NEWREI are obligations of means.
NEWREI does not guarantee that the service will be free from all defects. It undertakes exclusively to remedy, with all reasonable diligence, the malfunctions of the service.
NEWREI does not guarantee the ability of the service to achieve objectives that the Client has set for itself or to perform specific tasks which it has not been previously set out in writing and which have not subject to express validation by NEWREI
NEWREI will make every effort to make the service available every day, 24 hours a day without prejudice to the possibility for NEWREI to interrupt access to the service for the purposes of maintenance, updating or intervention on its website, server or on the network. NEWREI will notify the Customer one week in advance of planned interruption periods.
In the event of an interruption in access to the service attributable to NEWREI of more than 48 minutes over a month (excluding maintenance periods), NEWREI will reimburse the Customer an amount corresponding to 5% of the amount of the fee monthly by block of interruption of access of 60 minutes elapsed, without the total amount of this compensation over a month may not exceed the amount corresponding to the fee for a month excluding VAT. This penalty corresponds to the only compensation that can be claimed by the Customer in the event of interruption of access to the service. The amount of this penalty will, where applicable, be deducted from the amount of the next invoice to be issued by NEWREI.
In the event that NEWREI is held liable, the amount of damages which may be claimed from it, whether on a contractual or extra-contractual basis, in principal, interest and costs, will be limited to the direct damage suffered and duly established by the Customer without being able to exceed the higher of the following two amounts: the amount excluding VAT invoiced to the Customer in return for the service during the last six (6) months preceding the engagement of responsibility for NEWREI or an amount of 2,000 €.
- SUSPENSION OF SERVICE
NEWREI reserves the right to:
- suspend access to the service for one or all users of the service if the Customer remains in default of paying an invoice within 8 days after a reminder has been sent to him, and this until receipt of the payment of the full amount of the invoice, plus interest and late payment penalties where applicable.
- Suspend or restrict access to the service or take any other technical measure necessary to preserve the integrity of the service, in particular in the event of hacking or hacking of the infrastructure used for the provision of services, detection of any other security breach of this infrastructure, or if NEWREI finds that the Customer has failed to comply with these specific conditions that may affect the proper technical functioning of the service. NEWREI will inform the Customer of the measures taken and of the restoration of access to the service as soon as possible.
SPECIAL CONDITIONS FOR THE CREATION OF NEWREI WEBSITES
These Special Conditions are added to the General Conditions of NEWREI, In case of contradiction, the Special Conditions here present will prevail over the General Conditions of NEWREI.
The guarantee for a NEWREI website is only applicable from the moment when the company NEWREI and its client have jointly signed the specifications defining the functions of the latter. Otherwise, the customer cannot claim to have a feature or feature not present on their website.
NEWREI guarantees that the website will allow use in accordance with the client's specifications and for a period of 6 months after the final delivery of the website. The final delivery of the project is marked either by the approval of the client (in writing or by email) or by the payment of the balance of the invoice referring to it
The customer is informed that the website cannot be free from defects or bugs, however bugs altering the use of the website will be corrected if they are discovered before the end of the warranty period. p >
It is up to the customer to take out a maintenance contract to extend the duration of the warranty period.
NEWREI will under no circumstances be held liable for any special, indirect or incidental damage of any kind whatsoever (in particular loss of profit, business interruption, loss of business information or other pecuniary loss) , which would result from the use or the impossibility of using the website outside of the client's specifications.
The warranty is automatically void if the customer changes the source code of the website created by the company NEWREI.
SPECIAL CONDITIONS FOR DOMAIN NAMES
These special conditions are added to the general conditions of NEWREI. In case of contradiction, the specific conditions here will prevail over the general conditions of NEWREI.
- RIGHTS AND OBLIGATIONS OF THE CUSTOMER
For the registration of a domain name, the Customer acknowledges having read and accepted the general conditions of the national or international authority relating to the extension concerned called the "Registry" and the specific rules applied in local or administrative representation proposed by NEWREI, its subsidiaries or its partners.
The Customer authorizes NEWREI SARL to activate the lock function offered by the Registry, upon registration or transfer of the domain name.
The Customer does not have the right to cancel the purchase as soon as the registration of the domain name has been carried out.
- LIMITATION OF LIABILITY CLAUSE
In the absence of payment by Customer within the time limits stipulated in its contract, NEWREI SARL cannot be held responsible for the non-renewal of the domain name referring to it.
SPECIAL CONDITIONS FOR NEWREI RENTAL SITES
- DURATION OF THE CONTRACT
This contract is signed for a minimum and irrevocable duration of 36 months.
These special conditions are added to the general conditions of NEWREI. In case of contradiction, the special conditions will prevail over the general conditions of NEWREI.
The WordPress content manager is a solution under GPLv2 license
- TRANSFER OF OWNERSHIP
The customer expressly refrains from reselling directly or indirectly all or part of a NEWREI website without the written and signed agreement of NEWREI.
The client expressly refrains from modifying the source code of the website created by NEWREI without the written and signed agreement of NEWREI.
The customer is prohibited from publishing in any form whatsoever all or part of a source code of the website created by NEWREI without the written and signed agreement of NEWREI.
- SITE PURCHASE
The Customer may purchase the website created by NEWREI for an amount equivalent to 6 months of rental. In the case where the client uses the CMS to manage the content of his website, he must acquire his own license from the CMS publishing company or he can subscribe to NEWREI a formula allowing him to benefit from the use of the manager content at the current rate.
- PAYMENT TERMS
The fees due will be paid by direct debit from a subscriber's bank or postal account. The subscriber, at the signing of this contract, authorizes the said direct debits, in accordance with the order which he gives simultaneously to the establishment holding his account. The subscriber irrevocably undertakes to maintain this order throughout the duration of this contract, except to provide at least one month in advance a new bank or postal address.
- BREAK - RENEWAL
In the event of early termination of the contract by the fact or the fault of the subscriber, the latter will be required to pay NEWREI immediately as a lump sum, the total sum of the remaining fees due for the period in course.
In the absence of a termination 3 months before its term, notified by NEWREI or the subscriber, by registered letter with acknowledgment of receipt, the contract will be continued by tacit agreement for successive periods of one year. p >
SPECIAL CONDITIONS FOR NEWREI SEARCH FORMULAS
These special conditions are added to the general conditions of NEWREI, In case of contradiction, the specific conditions here present will prevail over the general conditions of NEWREI.
NEWREI SEO does not accept sites that engage in illegal activity or infringe the legal rights of other people. Also all sites will be refused listing:
- Inciting violence, crime, crime, racism, xenophobia, defamation, or attack on a person, group or organization,
- The content of which is rude, profane or defamatory; pornographic, or reserved for adults, including any link to a site displaying or promoting this type of content;
- Challenging crimes against humanity; spamming, or abusing pop-ups, pop-under or exit windows and excessive advertising, abusing affiliate or promotional content, including “white label” content;
- Promotion or assistance with hacking;
- Promotion or assistance in procuring drugs or medications the sale or promotion of which is prohibited, or the use of which requires a prescription;
- Promoting or trading in hard liquors, spirits, tobacco; In relation to sex, games of chance or casino
- Using referencing or positioning techniques recognized or identifiable as unfair to the competition (spamdexing, linkfarming, cloaking, masking of information, ...) or likely to deceive the visitor's confidence;
- Sale or promotion of copies or imitations of branded products;
- Whose content in general cannot be considered "general public". Given the notion of time and web, SEO NEWREI cannot be held responsible for the content of sites which have or have been referenced. (do not put a chip, because it is not part of a list)
- REFERENCING TECHNIQUES
SEO NEWREI exchanges links between consenting sites, manual referencing, sometimes semi-automatic, without the use of automatic indexing software; but above all personalized and targeted.
- ACCEPTANCE AND PAYMENT OF REFERENCE FORMULAS
The payment of the entire contracted service serves as an agreement on the conditions of this contract and the quote sent by email to the customer for our referral formulas without obligation of result. In this same quote will be made a detailed reminder of the referencing offer concerned, with mention of this contract.
The referencing service without obligation of result cannot start without receipt and collection of the total amount of the order.
The amounts for the services with obligation of result will be defined when signing the purchase order, they will depend on the results obtained by keywords (or group of words), checked and billed monthly.
When a quote is accepted and fully paid, the customer's decision not to have their site referenced can in no case result in any reimbursement.
No complaint will be taken into account if the referencing service, respecting the clauses of the contract, the general conditions and the specific conditions specific to this service, does not conform to the idea that the Client has of it. .
- IMPLEMENTATION OF REFERENCING SERVICES
No formula includes an exclusively international referencing
Each site remains to be studied on a case-by-case basis, on an estimate, on specific keywords and based on the audit of your site on the given day. The site subject to NEWREI referencing must not be in the process of being referenced under penalty of distorting the results of the audit. A site being referenced does not present its positioning or its actual return links on Google. The formula used will be studied according to the positioning of the site on the given day, any interference calling into question the site in question must be taken into account.
The result of the referencing is partly subject to the fact that the client strictly applies the indications, recommendations and constraints indicated by NEWREI. The objectives will be achieved in proportion to a viable site, its popularity as well as that of its competitors. NEWREI SEO services work in this perspective. In the event that the client gives access to the NEWREI referencing site, the client authorizes NEWREI to optimize (meta and / or text) the pages concerned by the service provided, while respecting the client's sector of activity. p>
The information (site title, description, keywords, articles and other elements) useful for referencing and submitting the customer's site, will have been accepted downstream, by simple email agreement.
The customer authorizes NEWREI to put the hypertext link on its home page.
If a term or a sector were to be prohibited, the client must specify it beforehand, otherwise no claim will be taken into account.
NEWREI will offer website owners the possibility of exchanging links with the Client, NEWREI cannot however be held responsible in the event of the removal of the link + of one or more links by these different parties. p>
NEWREI reserves the right to replace an existing link with another if the number of links present on a page seems too large. NEWREI will inform the contact person who is the source of the exchange of the replaced link.
The Client is aware that the results of the positioning of the search engines are governed by algorithms specific to them. NEWREI cannot therefore be held responsible for poorer positioning as a result of these changes.
- DURATION OF THE CONTRACT AND RENEWAL OF THE SEARCH CONTRACT
Unless specific conditions for an offer including referencing, our referencing formulas without obligation of result are payable annually tacitly renewable from year to year unless written termination by registered mail with one month's notice for a deadline. p >
Our referencing formula with obligation of result is subscribed for a period of 2 years renewable tacitly for the same period unless written termination by registered mail with one month's notice for a deadline.
During the first year of subscription, this formula can be terminated by registered letter during the 7th month if 30% of the keywords subject to the obligation of result are not in the first 20 positions of search engine in question. This formula can also be terminated by registered letter during the 13th month if 30% of the keywords which are the subject of the obligation of result are not in the first 10 positions of the search engine in question. p>
- RESPECTIVE INDEPENDENCE
The site to be referenced (structure and content) being under the sole responsibility of the client, NEWREI will not be held responsible for the effects produced by the modification or deletion of the elements added to the client's website for the merits of its referencing.
- EXCEPTIONAL CONDITIONS
Each listing will be treated on a case-by-case basis and the service provided will have as sole guarantees the validated quote and the clauses of these specific conditions. For any exceptional event calling into question the service provided, both NEWREI and its client agree to reach an amicable agreement.
In the event of interruption of a service by the client or NEWREI, for an exceptional reason, the payments made cannot be claimed under any circumstances. The remainder due will be honored within the time limits.
The service will be interrupted after receipt of the request by registered letter with acknowledgment of receipt to NEWREI.
SPECIAL CONDITIONS FOR THE OFFERS
Accepting the WEB STARTER offer formulas implies accepting
- the NEWREI general conditions
- the special conditions for NEWREI referral formulas
- the special conditions for the creation of NEWREI website
- the special conditions for NEWREI rental sites
- special conditions for domain names
- the special conditions for accommodation as well as the following conditions:
- do not renew it
- transfer it to a provider other than NEWREI
- continue your rental at the rate in effect at NEWREI.
In the event of payment default by the subscriber, NEWREI will not be required to renew, near its suppliers, the domain name used during the rental. The customer can therefore not claim damages.