Terms of Services

General conditions of use and sale
related to online goods and services provided by noadmin

Summary

Preliminary provisions

All provisions of services and sales of non-material goods offered by the company NOADMIN SAS, hereinafter “NOADMIN”, in favor of the USERS are stated below.

Lexicon

USERS: natural or legal persons using NOADMIN’s goods and services, for a fee or free of charge.

COMPONENTS: non-material software goods facilitating the creation of websites, particularly WordPress templates or plugins. The COMPONENTS are offered for free or for a fee and created by NOADMIN or third party partners, hereinafter “PUBLISHERS”.

PUBLISHERS: designers of COMPONENTS offered for sale or free of charge on the site Themecloud.io.

HOSTING PLAN: the hosting plan defines the capacity and performance of the hosting service provided to the USER.

Article 1: purpose

The purpose of this contract is to define the rights and obligations of the parties, as well as the technical and financial conditions of use and online sale of the HOSTING service and of the COMPONENTS provided to the USERS by the Site www.themecloud.io.

The present general conditions of use and sale shall be supplemented, if necessary, by any special conditions and/or annex.

Article 2: effectiveness

These General Conditions shall apply to all sales of services and non-material goods between the company NOADMIN and the USERS of the Site living in France or abroad.

This contract shall also apply to the persons using NOADMIN goods and services for free.

In accordance with articles L. 111-1 and seq. of the French Consumer Code, the main features and the prices of the services sold online are available on the Site www.themecloud.io.

The information provided for in articles L. 121-83 and seq. of the above mentioned Code is specified in the present contract.

Certain provisions of these Conditions are only applicable to professionals.

If ever the present General Conditions were to remain accessible through other Websites or any other means, even after having been removed from the Site, the company NOADMIN would still no longer be legally bound by them.

The USER declares that he/she is fully aware of the following General Conditions of Sales, prior to validating the order within the meaning of Article 5.3.

The Validation of the Order constitutes therefore acceptance of the present General Conditions, without limitation or reservation.

In accordance with the provisions of Article 1369-1 of the French Civil Code, any person visiting the Site can keep the present General Conditions of Sales, by printing it or saving it on their computer.

Article 3: acceptance and duration of the contract

The present Contract shall come into effect upon creation of the USER account within the meaning of Article 5.1 of the present Conditions, as soon as he/she will have ticked the box “I accept the General Conditions of Use and Sale”.

The present Contract will be available for download in the order confirmation e-mail.

The Contract is concluded for the period of time required to provide the services, until the expiry of the obligations of the company NOADMIN.

Article 4: noadmin goods and services

4.1 Description of the goods and services

  • Non-material goods

NOADMIN enables PUBLISHERS to deliver and sell COMPONENTS to the USERS for the creation of websites.

  • Hosting service

NOADMIN provides hosting solutions for WordPress-based websites.

The USER can use the hosting service for free for a limited period of 15 days by choosing the HOSTING PLAN “TRIAL” and extend its use by subscribing to a paying plan.

The subscription to the hosting service subject to payment is valid either for a month or for a year.

The USER is free to edit any content in his/her own space, provided that it complies with the present Conditions as well as with the law applicable in France and in his/her home country.

4.2 Access and availability of the goods and services

Following the validation of the order as defined in Article 5.3, the USER will receive via email a link to an administration interface, which will be accessible by logging in with the username and the password as defined during the creation of the USER account.

The goods and services shall be made available within a maximum of 24 hours after receipt of the payment, subject to the availability of the resources needed.

4.3 Use of the hosting service

Operating conditions

NOADMIN provides the USER with the technical means required to transfer the USER’s data to his/her hosting space, within the limits of the hosting space available according to the selected HOSTING PLAN.

The USER is provided with the following technical means: WordPress administration interface, FTP Access.

In the event that the use of the Services by the USER exceeds the designed capacity of the HOSTING PLAN initially subscribed – particularly if the number of monthly connections, the disk space or the bandwidth limit is being exceeded – the USER’s subscription will be adjusted accordingly. The USER shall be notified of this change via email as well as in his/her personal space.

Performance and availability of the services

NOADMIN is committed to providing the best efforts to ensure permanent and quality availability for the services subscribed.

Nevertheless, NOADMIN only has an obligation of means, given the inherent uncertainties associated with the network.

In the event of NOADMIN’s responsibility for the unavailability of the service, a deduction shall be applied on the subscription price in proportion to the number of days of unavailability.

4.4 Use of the COMPONENTS

The PUBLISHERS shall be clearly identifiable on the Site Themecloud.io.

The intellectual property rights of the COMPONENTS belong to the PUBLISHERS.

The COMPONENTS are released under the GNU General Public License, version 2.0 or higher (“GPL”).

In case of a specific license, the USER rights shall be specified by the PUBLISHER.

4.5 Technical support

For better understanding and use of the Service, NOADMIN provides the USER with online documentation on the Site support.themecloud.io.

Furthermore, NOADMIN provides the USER with an email technical support via the address support@themecloud.io as well as a chat box on the Site www.themecloud.io.

It is the USER’s responsibility to provide sufficient information in relation to an Incident to enable NOADMIN to successfully complete the diagnostics.

To this end, the USER expressly authorizes NOADMIN to connect to the Service and perform any act necessary to enable the diagnostics to be performed on both the Hardware and the Software.

NOADMIN reserves the right to refuse any intervention if it finds that the USER uses the Service in violation of these General Conditions or of any law and regulation in force.

In the event that the diagnostics illustrate that the malfunction is caused by the USER or that the malfunction is not directly caused by NOADMIN, NOADMIN shall not be held responsible for the Service malfunction and shall send the USER a quotation including estimated costs, and the USER may choose whether or not to accept the quotation.

The USER agrees to avoid any excessive use of the technical support.

With regard to its technical support service, NOADMIN is only bound by an obligation of means.

Article 5: online selling process

5.1 Opening and management of a USER account

Creation of account

The use of the Site and its Services is contingent upon the creation of a USER account, resulting in the acceptance of the present General Conditions.

The creation of an Account is free of charge and accessible to any natural person, of legal age and capacity, or any legal person represented by a duly authorized agent.

In order to create an account, the USER needs to have an email address and to fill in all the mandatory fields on the Site, mentioning in particular: username, email address and password.

The USER defines his/her own username and password.

During the first order, the USER shall complete the following information: first name, surname, postal address and name of the company if necessary.

The USER is liable for the accuracy and the currency of the information provided. The USER must notify any change of information to NOADMIN at the earliest opportunity.

For any purchase conducted in the name of a legal person, the USER declares he/she has the authority to commit the company.

The USER can access and change at any time his/her personal information in his/her personal space.

Administration and management interface

The USER has access to the administration and management interface with his/her personal codes and is free to:

  • update the contact information related to his/her account.
  • subscribe to, change and terminate any service contract entered into with NOADMIN.
  • manage his/her payment methods.
  • view and print the invoices related to the subscribed services.

5.2 Completion of the order

The USERS have the possibility to obtain additional information by contacting NOADMIN USER Service via email at the address support@themecloud.io.

In case of a manifest error made by the USER about the features of the services subscribed, the company NOADMIN shall not be held responsible.

Before confirming the order, the USER shall carefully verify all the information given.

The USER declares he/she is over the age of 18 and has the legal capacity to complete an order on the Site.

If the USER conducts a purchase on the Site on behalf of a company, an association or any third party, he/she shall be the legal representative or have the power to act in its name.

In case of extended inactivity during the connection, the selection of the services made by the USER before the service interruption might no longer be guaranteed. The USER may therefore need to start the selection all over from the beginning.

All the necessary steps in the sales process are defined on the Site in compliance with the provisions of the articles 1369-1 and seq. of the French Civil Code.

5.3 Closing of the sale

Pursuant to the provisions of Article 1369-5 of the French Civil Code, the USER will have the possibility to verify every detail, including the total cost, and to correct any possible mistake before final validation of the order and payment confirmation.

The USER shall follow the online payment instructions in order to pay the price, including all taxes.

The sale will only be final after a confirmation of the payment has been sent to the USER via email.

All along the above mentioned steps, the USER undertakes to respect the contractual conditions in compliance with Article 1316-1 of the French Civil Code.

5.4 Order refusal

The company NOADMIN reserves the right to refuse any order, if it is considered abnormal or passed in bad faith or for any other legitimate reason, and in particular in case of a litigation with the USER related to the payment of a previous order.

5.5 Account suspension and closure

NOADMIN reserves the right to suspend or close the account of a USER who may contravene any of the provisions under these conditions. Any person whose account has been suspended will not be able to make any order on the Site NOADMIN without prior approval.

Article 6: hosting services lifecycle

6.1 Service term and renewal

The Service shall commence and expire as of the dates set forth during the order and will be renewed by tacit agreement upon expiry date.

The USER subscribes to the services either on a monthly basis or on a yearly basis.

6.2 Suspension of the service

NOADMIN may temporarily suspend access to the services to which the USER has subscribed for maintenance and upgrading reasons, without the USER being able to claim any form of compensation.

NOADMIN reserves the right to suspend the USER’s Service if it represents a threat to the system security and stability.

NOADMIN shall be obliged to suspend the USER’s Service if:

  • it is notified by a third party of a court decision or alternative dispute resolution ordering the suspension.
  • it is notified, in accordance with Article 6 of the French Law on Confidence in the Digital Economy, of the existence of illegal content.
  • the contact details provided by the USER are wrong or outdated.

6.3 Termination of the service

Termination at the initiative of the USER

In case of a force majeure lasting over 15 days, the USER may terminate the contract automatically and without compensation.

The USER may terminate the Service at any time by logging in to his/her management interface.

The Service shall then remain effective until the due date and shall not be renewed after the expiry date.

In case of termination before the expiration date, the USER shall not be entitled to any refund by NOADMIN of the sums already paid.

To the contrary, all outstanding amounts owed for the subscription period shall fall due for payment.

In certain circumstances and pursuant to Articles L.121-84-2 of the French Consumer Code and L.32 of the French Postal and Electronic Communications Code, the termination of the contract shall be effective within 10 days after receipt of the consumer USER’s request. Upon request by the consumer USER, the contract may be terminated more than 10 days after receipt of such notice; the period shall however not exceed 20 days.

Termination at the initiative of NOADMIN

In case of failure by the USER to comply with any of the obligations entailed in the present contract, the contract shall be terminated automatically, 15 days after receipt of an email or any other binding document (Certified letter) from NOADMIN.

NOADMIN will issue its words of caution to the last known address of the USER. In the event that the message is not seen by the USER, NOADMIN shall not be held responsible.

NOADMIN reserves the right to claim for possible damages suffered.

In the event of default on the payment or of irregular payments, alerts will be sent to the USER by NOADMIN via email and on the USER interface. If the situation has not been regularized within 15 days, the Service will be closed.

Article 7: financing conditions

7.1 Price of the goods and services

The Price of the goods and services sold is set out on the Site.

When validating the Order, the price to pay includes all applicable taxes.

The period of validity of the quotations is established upon the updating of the Site.

7.2 Payment methods

The payment of the Services shall be made in whole during the order with the following cards: Visa, MasterCard or American Express.

An invoice in US Dollars, including all taxes and indicating the VAT amount, will be issued by NOADMIN and sent via email to the USER.

7.3 Payment conditions

Card payment:

In case of a card payment by the USER, the USER’s bank account will be immediately debited after verification of the bank details, following receipt of debit authorization from the card issuer.

Pursuant to Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. When communicating the information related to his/her bank card, the USER gives the company NOADMIN the authorization to debit his/her bank account with the amount corresponding to the Total Price.

To this end, the USER confirms that he/she is the holder of the card to be debited and that the name written on the card is indeed his/hers. The USER communicates the card number, the expiration date and, if necessary, the security code.

In order to ensure security and confidentiality of the information related to the USERS’ credit card payment, NOADMIN has adopted STRIPE solution for secure online payments.

The Internet User enters his/her bank details over a fully secure system.

All the data is encrypted prior to being transmitted (SSL encryption) and directly conveyed to STRIPE Service, responsible for handling the transfer.

Once the payment has been made, the Payment Confirmation page is displayed.

Refusal to pay:

In the event that the Total Price cannot be debited, the Online Sale and the Order would be immediately cancelled by right.

Article 8: right of withdrawal

As a matter of principle and in compliance with Article L. 121-21 of the French Consumer Code, the USER, in his/her capacity as a consumer, has the right to cancel the order within fourteen (14) days following the day the invoice was received.

The USER willing to exercise his/her right of withdrawal shall inform NOADMIN customer service on his/her management interface.

NOADMIN shall only be obliged to refund the USER after the USER’s decision to cancel the service has been received and after deduction of the services that would have already been provided.

However, the USER’s right of withdrawal can only be exercised when the Services are inactive.

Indeed, in compliance with Article L. 121-21-8 1°, 6° and 9° of the French Consumer Code, the right of withdrawal may not be exercised while the service is being delivered before the end of the withdrawal period. In addition, it may not be exercised on goods inseparably linked to other items as well as on the delivery of software products downloaded by the USER.

The Hosting Services provided by NOADMIN are considered to be agreements on the delivery of digital hosting, which ought to be fully executed upon the USER’s approval and before the end of the 14-day withdrawal period.

The USER acknowledges that he/she may not invoke his/her right of withdrawal while using the goods and services provided by NOADMIN.

The USER’s right of withdrawal shall not be exercised as long as NOADMIN Service and TEMPLATES remain active before the end of the 14-day withdrawal period.

The same provisions shall apply to professionals who have subscribed to the Service with a purpose outside the scope of their main activity and employing five or fewer salaried workers.

Article 9: obligations and responsibilities of the parties

9.1 NOADMIN’s obligations and liabilities

Obligations

Bound by an obligation of means, NOADMIN will undertake due diligence, in order to provide quality services pursuant to practices in the business and to the current state of Information Technology practices.

Still bound by an obligation of means, NOADMIN will use its best efforts to secure the access, the consultation and the use of the hosting services.

If it becomes aware of any illegal content published or stored by one of its USERS, NOADMIN will be obliged to remove or disable access to the information.

NOADMIN is bound by professional secrecy under the terms of Articles 226-13 and 226-14 of the Penal Code and shall not disclose the personal identifiers or any information that may identify the USER.

However, upon special request from the legal authorities, professional secrecy may no longer be invoked.

Exclusion of liability

NOADMIN has no control over the content published by the USER on its WEB space, therefore it shall not be held liable in the event of any action brought by a third party, particularly in case of:

  • The dissemination or presence of documents or content that may infringe the rules and regulations in force on the USER’s website.
  • The violation of the intellectual and industrial property rights related to works or creations contained or disseminated, in whole or part, on the USER’s website.

NOADMIN has no control on the content of COMPONENTS provided by the PUBLISHERS.

As a consequence, NOADMIN shall not be held liable in the event of any action brought by a third party, particularly in case of:

  • The dissemination or presence of documents or content that may infringe the rules and regulations in force in the COMPONENTS provided by the PUBLISHERS.
  • The violation of the intellectual and industrial property rights related to works and creations contained or disseminated, in whole or part, in the COMPONENTS provided by the PUBLISHERS.

NOADMIN’s liability shall not arise either when malfunctions in the services provided lie outside the scope of NOADMIN’s technical means and particularly in case of:

  • Difficulties to access the Sites, content and services hosted by the USER, due to saturation of the networks at certain periods and/or to technical features and Internet access restrictions.
  • Problems related to the services of the Internet access provider.
  • Contamination, intrusions or other problems in the content and the software products of the USER, who is liable for their own protection.
  • Intrusion of third-parties in the USER’s space, despite the security measures implemented by NOADMIN in its infrastructures, since the security remains in the hands of the USER.

In the event of a misuse of the Services by the USER, NOADMIN shall also be exonerated from any responsibility, particularly in case of:

  • Difficulties or malfunctions that may be due to the nature of the Content installed or provided by the USER on his/her own space.
  • Loss, disclosure and illegal use of the USER’s password.
  • Destruction, in whole or part, of the information conveyed or stored, following mistakes the USER may directly or indirectly be held liable for.
  • Any deterioration caused by the USER and for failure to abide by the technical terms and limitations that apply in each one of NOADMIN hosting offers.

NOADMIN shall not be held liable for possible disputes between the publishers of the TEMPLATES distributed by NOADMIN and the USER.

In case of problems related to the use of COMPONENTS, NOADMIN – after ensuring that they do not fall under its responsibility – shall refer the USER to the publisher of the COMPONENT.

9.2 USER’s obligations and liabilities

USER’s obligations

The USER shall have all necessary power and capacity to execute and deliver this agreement.

When creating a USER account and anytime they may change, the USER shall notify NOADMIN of his/her contact and bank details as well as his/her correct and up-to-date email address.

NOADMIN reserves the right to ask the USER for supporting documents to ensure the accuracy of the information.

The USER commits to using NOADMIN services for legal purposes and in compliance with the laws in force, otherwise the USER’s liability shall be engaged.

USER’s liability

  • Liability related to the USER’s identification

Pursuant to Article 6 III of the French Law on Confidence in the Digital Economy, the USER, who provides the public with an online communication service, makes the following information available to the public:

  • For a natural person: surname, family name, physical address and phone number as well as, in case the person is subject to the registration obligations of the trade and companies register, the registration number.
  • For a legal person: designation or company name, registered office, phone number and, if subject to the registration obligations of the trade and companies register, the registration number, registered capital and address of the registered office.

Whether the USER is a natural or a legal person:

  • The name of the director or co-director of the publication and, if necessary, the name of the author under the terms of Article 93-2 of the French Law No. 82–652 of 29 July 1982 on Audiovisual Communication.
  • The name, designation or company name, address and phone number of the hosting provider. The contact information has to be same as the one declared by the USER during the creation of the USER account.

The persons publishing for non-professional purposes an online communication service for the public may, in order to remain anonymous, only make the name, the designation or company name and the address of the hosting provider available to the public, provided that they have communicated the aforementioned personal identifiers to the hosting provider.

  • Liability related to the content of the USER’s Web Site

The USER shall take immediate action when being notified, by any third party, in accordance with the French Law on Confidence in the Digital Economy, of the presence of illegal content on his/her Web space.

In these circumstances, the USER has the obligation to remove the problematic content, to disable access to it and to take all necessary measures to fulfill the terms of the notification.

The USER shall indemnify NOADMIN from any action of third-parties related to the content of the information conveyed, disseminated, copied and particularly the information arising from an infringement of the rights of the personality, of property rights linked to a patent, to a brand, to designs and models, of copyright or the information arising from an act of unfair or parasitic competition or from a breach to public order, a breach of moral standards, an invasion of privacy (image rights, secrecy of correspondence, etc.) or a prejudice to the provisions of the French penal code.

The USER shall indemnify NOADMIN against all costs, charges and expenses that it may incur as the result of the litigation proceedings.

In any event, the non-intervention of the USER for any violation of the French Law on Confidence in the Digital Economy will constitute a failure of the USER to comply with the obligations entailed in the contract, for which the USER may be held liable to NOADMIN.

  • Liability related to the USER’s data storage

NOADMIN gives the USER access to hosting solutions during the term of this Contract for the duration of the contract.

NOADMIN has no obligation to save the content and the technical settings of the USER.

However, NOADMIN provides, without obligation, the USER with a tool that aims to back up and restore his/her own content and recommends the USER to back up his/her own data on a regular basis outside NOADMIN hosting platform.

In case of termination, or end of services, NOADMIN shall remove the whole content belonging to the USER.

As a consequence, it shall be the USER’s sole responsibility to back up his/her content and technical settings.

It shall be the USER’s responsibility and personal choice to take all necessary measures so as to save and maintain on a regular basis his/her own content as well as any setup data and update on any medium.

  • Liability related to the USER’s password and username

The USER’s login username and password, giving the USER access to the management interface and the administration of the Services, shall be the USER’s sole responsibility.

Any use of the USER’s login username and password unbeknownst to him/her shall be the USER’s sole responsibility.

9.3 PUBLISHER’s liability

The maintenance of the publisher’s COMPONENTS and the correction of bugs in the COMPONENTS shall be the PUBLISHER’s sole responsibility.

The PUBLISHER acknowledges responsibility and guarantees that:

  • it holds the right to distribute or sell its COMPONENTS and that they do not violate any property right of a third party.
  • the product is not counterfeit.
  • the product does not violate any applicable law or regulation.
  • the product does not contain any virus, folder or program designed to restrict or destroy the functionality of another software or hardware.

Article 10: intellectual property rights

10.1 NOADMIN’s rights

The USER agrees that the software products and management tools developed by NOADMIN for his/her website and servers are made available to him/her in the frame of the Service contract and remain the sole property of NOADMIN.

All data contained in the Site www.themecloud.io, and more generally, all illustrations, images and logotypes, graphic charter, texts, whether registered or not, are and remain the sole property of the company NOADMIN, with the exception of the rights held on images, trademarks and logos by the providers of the Products presented on the aforementioned Site.

Any reproduction in whole or in part, modification or use of the illustrations, images and logotypes, for any reason whatsoever and on any medium whatsoever, without the express prior consent of the company NOADMIN, is strictly forbidden. The same applies for any combination or association with any other trademark, symbol or logotype or, more generally, any distinctive sign designed to form a composite logo. Likewise, the same applies to any copyright, design right, model right and patent being the property of the designers.

10.2 PUBLISHER’s rights

The PUBLISHER has all intellectual property rights on the COMPONENTS it distributes.

The documents transmitted during the deployment of the COMPONENTS are the sole property of the PUBLISHER.

The PUBLISHER holds a monopoly on the COMPONENTS, which may be used by third parties only with the PUBLISHER’s consent.

10.3 USER’s rights

The content published and written by the USER him/herself on the website is the sole property of the USER.

The USER shall not claim any right, title or interest in the Intellectual Property, Trademarks and other distinctive features of the Site www.themecloud.io.

The USER shall refrain from any reproduction, in whole or part, modification or use of NOADMIN, THEMECLOUD, NOADMIN.IO names and logos as well as NOADMIN.IO and THEMECLOUD domain names without NOADMIN’s express consent.

The USER shall not use any content on his/her Website for purposes in violation of the rights of intellectual property.

Article 11: force majeure

None of the parties shall be liable for any failure of or delay in the performance of its obligations, if such failure or delay is due to causes beyond its reasonable control.

Cases of force majeure are specifically, yet not exclusively, considered to be: war, riots, strikes of any kind and resource issues of the company NOADMIN, malfunctions or partial or total blockage of the means of telecommunication provided by the INTERNET network operator, government or legal restrictions, failures of NOADMIN’s subcontractors.

NOADMIN shall notify the USER of the occurrence of such a fortuitous event or force majeure within eight (8) days following the date the event occurred.

Should the suspension of the performance of the obligations exceed a period of fifteen (15) days, the USER may terminate the contract in progress.

In this case, the services already paid for shall be reimbursed by NOADMIN within thirty (30) days.

Article 12: personal data - cookies - advertisement

12.1 Personal data

  • Notification to the French Data Protection Authority (CNIL)

Automatic processing of personal data has been notified to the French Data Protection Authority (CNIL) in compliance with the French Act on Information Technology, Data Files and Civil Liberties of January 6, 1978, for purposes of CUSTOMER-USER relationship management and to ensure compliance with the legal and regulatory obligations.

The notification has been registered under the number: 1898550.

  • Use of personal data and responsibilities of the USER

In the frame of the services NOADMIN delivers, NOADMIN will have to collect and retain information relating to the identity of the USER, apart from the information collected during the creation of an account and following any visit of NOADMIN site.

The USER acknowledges and agrees that the data is collected by NOADMIN in order to fulfill the present conditions as well as its legal obligations.

Therefore, the information communicated to NOADMIN by the USER – especially the login credentials, password and IP address – shall be authoritative for any service management action and for any intervention by NOADMIN on the USER’s interface in case of failure of the USER to comply with his/her obligations.

The collected data shall not be retained for longer than the period set forth in the French Legislative Decree No 2011-219 of February 25, 2011, regarding the storage and communication of data that may identify any person involved in the creation of online content.

NOADMIN takes all necessary measures, with regard to the risks represented by the processing and the nature of the data, to preserve the security of the data and, in particular, prevent their alteration, damage or access by non-authorized third parties.

However, the USER still has full and sole responsibility on the processing of personal data that he/she communicates for his/her own account and that he/she collects while using NOADMIN services.

The USER shall immediately notify the CNIL of any breach of security resulting in the destruction, loss, disclosure or inaccessibility of personal data.

Furthermore, in the event that this breach might infringe the personal data or the private life of a USER or any third party, the USER shall be responsible for notifying the concerned person under the terms of Article 34 prime of the Act of January 6, 1978.

Moreover, the USER shall maintain an inventory of personal data breaches and hold them available for the CNIL.

The USER allows NOADMIN to forward his/her personal data to its subcontractor.

Apart from the services requiring data communication and except in the case of a request from the legal authorities, the data will under no circumstances be passed on to third parties.

  • Right to access, modify, rectify and delete

The USER has a right of access to and rectification of all the information relating to him/her.

The USER may exercise this right and gain access to his/her personal data on the management interface or by contacting NOADMIN at the address: privacy@themecloud.io.

12.2 Use of “cookies”

NOADMIN may require to use the system of “cookies”. A cookie is not meant to identify the USER but, in a general manner, to collect information during the USER’s visit on the site, giving NOADMIN the possibility to know the USER’s site preferences.

In this way, NOADMIN may better know the USER’s areas of interest and communicate information adapted to the USER’s needs. Furthermore, NOADMIN would no longer need to systematically provide information that would already have been communicated. Cookies are enabled by default, the USER has the possibility to disable them directly in the browser settings.

Any information on the use of Cookies by NOADMIN may be found on the following document: PRIVACY POLICY, available on the site www.themecloud.io.

12.3 Advertising and promotion

NOADMIN may use, for advertising and promotional purposes, the occasion of fairs, events and specialized publications to claim the services provided to the USERS.

Article 13: assignment-resale of the services

The USER is authorized to resell the services provided by NOADMIN.

However, the USER shall ensure that the buyer abides by the present contract, the laws in force as well as the rights of the third parties.

In the case of resale, the USER undertakes particularly to:

  • ensure that NOADMIN’s responsibility is not at stake.
  • hold NOADMIN harmless from and against any claim occurring as a result of the buyer’s activity or use of services.
  • ensure that the buyer is not involved in any suspicious activity such as spam.
  • offer the same quality service as NOADMIN.

Article 14: information - claims - notifications

For any information, claim or question related to the terms and conditions of online sale applicable to the Site or related to the services themselves, the USER will need to contact the USERS Service by phone at: +33646530004, by postal mail to: NOADMIN Relation UTILISATEUR, 5 avenue de Clichy, 75017 Paris, FRANCE, or by email at: contact@themecloud.io. The USER will have to give NOADMIN the following information: USER account credentials and date of the order.

Any notification made under the terms of this Contract will be taken into consideration if sent by certified letter with return receipt requested to the address: NOADMIN, 5 avenue de Clichy, 75017 Paris, FRANCE.

Article 15: invalidity of a clause

If any provision of the contract is declared void, the remainder of this agreement shall remain in full force and effect.

Article 16: change to the contract

Any provision of this Agreement may be amended, terminated or withdrawn only in writing and signed by the Parties.

Article 17: independence of the parties

Neither party may make any commitment in the name and/or on behalf of the other Party. In addition, each Party shall remain solely responsible for its own allegations, commitments, services, products and personnel.

Article 18: no waiver clause

Any failure of a Party to take action in respect of a breach of an obligation of this Contract by the other Party shall not amount to a waiver of that obligation.

Article 19: applicable law and place of jurisdiction

19.1 Applicable law

This agreement shall be governed by and construed in accordance with the laws of France.

The law applicable in France might differ from the laws of the USER’s country.

Depending on the home country of the USER, the use of the Site might be subject to additional legal terms. The USER shall abide by all international and local applicable rights.

NOADMIN has no possibility to control the laws of every country, it is the USER’s responsibility to ensure that his/her use of the Site is legal.

19.2 Place of jurisdiction

Before any legal action is taken, the parties agree to engage in mediation and to attempt to settle the matter.

  • For business or professional USERS

Any litigation arising from the validity, interpretation or performance of this Contract falls under the jurisdiction of the Commercial Court of Paris, notwithstanding multiple defendants or the introduction of third parties.

  • For non-business or consumer USERS

Any litigation arising from the validity, interpretation or performance of this Contract falls under the jurisdiction of French courts, notwithstanding multiple defendants or the introduction of third parties.