TERMS AND CONDITIONS OF SALE
Opena - Website creation and eco-responsible hosting
Version effective as of 17/06/2025
ARTICLE 1 - PREAMBLE
1.1 Service Provider Identity
These Terms and Conditions of Sale (hereinafter referred to as "T&C") are offered by OPENA SARL, with a share capital of €1,000.00, registered with the Trade and Companies Register of Paris under number B 884 094 723 (SIREN: 884094723), whose registered office is located at 78 avenue des Champs Elysées, bureau 326, 75008 Paris (hereinafter referred to as "the Service Provider"). Intra-community VAT number: FR86884094723.
The Service Provider can be reached at the following contact details:
Email address: contact@opena.fr
Postal address: 78 avenue des Champs Elysées, bureau 326, 75008 Paris
1.2 Purpose of the T&C
These T&C establish the rights and obligations of the parties in the context of the sale of website creation and web hosting services offered by the Service Provider to the Client. They exclusively govern the relationship between the Service Provider and the Client, and apply to the exclusion of all other conditions.
1.3 Acceptance of the T&C
Any order placed with the Service Provider implies the Client's complete and unreserved acceptance of these T&C. The Client acknowledges having read and accepted them before placing an order. The Service Provider reserves the right to modify the T&C at any time. The applicable T&C are those in force on the date of the order.
ARTICLE 2 - DEFINITIONS
The following terms and expressions, when used with a capital letter in these T&C, have the meaning attributed to them below:
Client: means any natural or legal person who orders services from the Service Provider.
Services: means all services offered by the Service Provider, including website creation and web hosting.
Site: means the professional showcase website created by the Service Provider for the Client.
Hosting: means the service of storing and putting the Client's Site online on computer servers.
Domain name: means the URL address allowing access to the Site.
Token: means the exchange unit allowing the Client to request content modifications, layout changes or specific developments for their Site within the framework of Premium hosting offers.
ARTICLE 3 - SERVICE DESCRIPTION
3.1 Website creation
The Service Provider offers the creation of professional websites for the Client at a rate of €370 excl. tax. This service includes:
Choice of a theme from a selection offered by the Service Provider
Customization of Site colors
Site development on the WordPress platform
One telephone appointment before delivery and one telephone appointment for delivery
Interactive monitoring of Site evolution with the possibility of direct feedback via the Service Provider's tools
Delivery of the finalized Site with assignment of the editor role to the Client, allowing them to modify all content
Site hosting for the first year (Eco Premium Offer)
Purchase and setup of a domain name among available extensions (.fr, .com, .me, .xyz, .blog, .name, .net, .org, .eu, .re, .be, .de, .co.uk, .ca, .ch, .es, .nl)
3.2 Hosting services
The Service Provider offers different web hosting packages for the Client's Site:
3.2.1 Standard Hosting
Standard hosting offers (Eco, Performance, E-Commerce) include:
Site hosting on eco-responsible servers
A domain name included for the entire duration of hosting
Variable technical resources according to the chosen offer (CPU, RAM, SSD I/O speed)
Unlimited number of sites for the same Client (depending on the chosen offer)
Unlimited email accounts
High availability (99.99% on average)
Specific technical features (Litespeed Cache, Redis, Memcached)
Enhanced security (replicated cloud architecture, WAF Pro, Anti-spam, Anti-DDoS Protection)
Management tools (WordPress manager, administrator interface)
3.2.2 Premium Hosting
Premium hosting offers (Eco, Performance, VIP) include:
All features of corresponding Standard hosting
A token system allowing requests for content modifications, layout changes or specific developments for the Site
An annual number of tokens variable according to the chosen offer (2, 3 or 4 tokens)
One site by default (the limitation can be unlocked on request, but this action will disable the interactive feedback tool)
In the event that the Client obtains full administrative rights to the Site, the Service Provider will proceed to uninstall the proprietary plugins used for Site management and optimization. This uninstallation will result in the deactivation of specific features such as interactive feedback and the token system, without the Service Provider's liability being engaged for this reason
3.3 Token system
Tokens are allocated annually to the Client according to the subscribed Premium hosting offer. They allow the Client to request modifications to their Site from the Service Provider at no additional cost. One token generally corresponds to a request for modification of texts, images or other media provided by the Client on all pages of the Site. Unused tokens during a year are carried forward to the following year.
ARTICLE 4 - ORDER AND SERVICE EXECUTION
4.1 Order placement
The order is deemed firm and final when the Client has expressed their agreement by validating their cart and proceeding with payment in accordance with the terms provided in Article 5 of these T&C.
4.2 Site creation process
Site creation follows a 5-step process:
Theme and colors: The Client chooses a theme from those offered by the Service Provider and indicates their color preferences.
Hosting and domain name: The Client chooses hosting and a domain name.
Payment: The Client proceeds with payment via our Stripe service provider.
Telephone appointment: One or more telephone appointments are organized to specify the Client's needs.
Development and feedback phase: The Service Provider develops the Site and the Client can follow its evolution and provide feedback directly on it.
Delivery: Once the Site is finalized, a telephone appointment is scheduled for delivery, during which the Service Provider guides the Client and provides them with extended access.
Modifications: After delivery, the Client can request modifications using the token system.
4.3 Delivery times
The Service Provider undertakes to deliver the Site within one to three weeks from receipt of payment and all elements necessary for Site creation. This deadline is given for information purposes and may vary depending on project complexity and Client responsiveness in providing necessary elements.
4.4 Hosting service activation
Site hosting is activated after order validation and payment receipt. The Service Provider provides the Client with the necessary credentials to access their administration space.
ARTICLE 5 - RATES AND PAYMENT TERMS
5.1 Rates
Service rates are those in force on the day the order is placed. They are indicated in euros excluding tax (excl. tax) and calculated including all taxes (incl. tax). The Service Provider reserves the right to modify its rates at any time, but Services will be invoiced based on rates in force at the time of order validation.
Main rates as of the date of writing these T&C are:
Professional showcase website creation: €200 excl. tax
Eco Standard hosting: €100 excl. tax/year
Performance Standard hosting: €200 excl. tax/year
E-Commerce Standard hosting: €300 excl. tax/year
Eco Premium hosting (with 2 tokens): €170 excl. tax/year
Performance Premium hosting (with 3 tokens): €290 excl. tax/year
VIP Premium hosting (with 4 tokens): €420 excl. tax/year
5.2 Payment terms
Payment is made online by credit card via the Stripe platform at the time of order. The Service Provider also accepts bank transfers, although processing time may be longer. Payment is considered effective when the amount is credited to the Service Provider's bank account.
For the standard package of website creation and one-year hosting, full payment is required at order.
For projects subject to a personalized quote, a 50% deposit of the total amount is required at order, 25% mid-project development, and the remaining 25% upon Site delivery.
For hosting services, payment is made annually, at the beginning of the period, in one payment.
5.3 Invoicing
An invoice is issued by the Service Provider and delivered to the Client electronically via their client space with each payment.
5.4 Payment delay
In case of payment delay, the Service Provider reserves the right to suspend execution of its obligations until complete settlement of amounts due. Late payment penalties may be applied at the legal interest rate increased by 15 points, calculated on the amount including tax of the remaining sum due, and running from the price due date without any prior formal notice being necessary.
In addition to delay compensation, any unpaid sum on its due date will automatically produce payment of a fixed compensation of €40 due for collection costs.
ARTICLE 6 - DURATION, RENEWAL AND TERMINATION
6.1 Initial duration
Hosting services are subscribed for an initial duration of one (1) year from the service activation date. Website creation service ends upon Site delivery, subject to applicable legal warranties.
6.2 Renewal
At the end of the initial period, the hosting contract is renewed by tacit renewal for successive periods of one (1) year, except termination by one of the parties under the conditions provided in Article 6.3.
For Premium hosting, tokens are reallocated to the Client at each annual renewal according to the subscribed offer.
6.3 Termination
6.3.1 Termination at Client's initiative
The Client may terminate the hosting contract at any time via the Stripe portal or by contacting customer service. Termination will take effect at the end of the current subscription period, without automatic renewal. No refund will be made for the remaining period, with services remaining available until subscription expiration.
6.3.2 Termination at Service Provider's initiative
The Service Provider reserves the right to terminate the contract in case of non-compliance by the Client with their obligations, particularly in case of non-payment of amounts due or use of the Service contrary to these T&C or applicable legislation.
Termination will occur automatically 15 days after sending a formal notice that remains without effect, by registered letter with acknowledgment of receipt or by email.
6.3.3 Consequences of termination
In case of termination, whatever the cause, the Client must cease all use of the Service. The Service Provider will proceed to delete the Client's data and release allocated resources. It is the Client's responsibility to take all necessary measures to safeguard their data before effective termination of the Service.
ARTICLE 7 - PARTY OBLIGATIONS
7.1 Service Provider obligations
The Service Provider undertakes to:
Provide Services in accordance with contractual specifications and with the care and diligence that can be expected from a sector professional
Ensure availability and security of hosting servers, which are located in France and Switzerland
Provide technical support to the Client when needed, accessible 24/7 via the contact form available in the client space, with a response aimed within 2 working days
Perform automatic daily backups over several days of history, with data replication three times
Preserve Client data confidentiality
Respect legislation applicable to its web hosting activity
7.2 Client obligations
The Client undertakes to:
Provide the Service Provider with all information and elements necessary for proper Service execution
Use Services in accordance with these T&C and applicable legislation
Not use Services for illicit purposes or contrary to public order and good morals
Pay for Services within agreed deadlines
Have necessary rights to content they provide for Site creation (texts, images, logos, etc.)
Take all necessary measures to safeguard their data, despite automatic backups performed by the Service Provider
Not exceed bandwidth or storage capacity limits applicable to their hosting offer
Ensure that use of Services does not threaten, intentionally or not, the Service Provider's ability to provide Services
Ensure that use of Services does not threaten, intentionally or not, the Service Provider's capacity to provide Services
ARTICLE 8 - ECO-RESPONSIBLE HOSTING CHARACTERISTICS
8.1 Environmental commitment
The Service Provider undertakes to host its clients' websites on servers powered by renewable energy sources, in order to limit the environmental impact of digital activity.
8.2 Optimized infrastructures
Infrastructures used by the Service Provider are optimized to function in an eco-energy manner, guaranteeing high-performance service while limiting energy consumption.
8.3 Responsible practices
The Service Provider favors responsible practices in managing its infrastructure, particularly equipment recycling at end of life, to minimize long-term ecological footprint.
ARTICLE 9 - INTELLECTUAL PROPERTY
9.1 Site ownership
Once payment is fully made, the Client becomes owner of visual and textual elements created specifically for their Site. However, the Service Provider retains intellectual property on technical developments, source codes and frameworks used for Site creation.
9.2 Usage license
The Service Provider grants the Client a non-exclusive license to use technical developments for the duration of Site hosting. This license allows the Client to use the Site within their business activity, without being able to assign or transfer this license to a third party without prior written agreement from the Service Provider.
9.3 Content ownership
The Client remains owner of all content they provide for Site creation and updating (texts, images, logos, etc.). The Client guarantees they have all necessary rights to this content and that it does not infringe third-party rights.
9.4 Reference right
Unless otherwise stated in writing, the Client authorizes the Service Provider to mention their name and reproduce their logo as a reference in their communication materials.
ARTICLE 10 - CONFIDENTIALITY AND DATA PROTECTION
10.1 Confidentiality
The Service Provider undertakes to consider as confidential all information communicated by the Client within the framework of Service execution, and not to disclose it to third parties without prior Client agreement.
10.2 Personal data processing
Within the framework of Service execution, the Service Provider processes Client personal data. These processes are carried out in accordance with applicable legislation regarding personal data protection, particularly Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016 (GDPR) and Law No. 78-17 of January 6, 1978 relating to computers, files and freedoms.
10.3 Processing purposes
Client personal data is collected and processed by the Service Provider for the following purposes:
Client account and contractual relationship management
Provision of ordered Services
Billing and payment management
Communication about Services and Service Provider promotional offers
Response to information and support requests
10.4 Client rights
In accordance with applicable legislation, the Client has rights of access, rectification, erasure, limitation, objection and portability of their personal data. The Client may exercise these rights by contacting the Service Provider at the following address: contact@opena.fr
10.5 Data retention
Client personal data is retained for the entire duration of the contractual relationship, then archived for the legal prescription period.
10.6 Data security
The Service Provider implements appropriate technical and organizational measures to ensure Client personal data security and protect it against any unauthorized or unlawful processing, loss, destruction or accidental damage.
ARTICLE 11 - LIABILITY
11.1 Service Provider liability
The Service Provider is bound by an obligation of means in Service execution. Their liability can only be engaged in case of proven fault.
The Service Provider cannot be held responsible for any indirect, immaterial or unforeseeable damages suffered by the Client, such as, without this list being limiting, any loss of turnover, clientele, data or any loss of profit.
In any case, the Service Provider's liability is limited to the amount of sums received for the Services in question.
11.1.1 Technical limitations
A storage capacity of 100GB is allocated to the Client according to selected Services. Exceeding storage capacity is prohibited and may prevent the Client from performing backups or adding content.
If the Client's use of Services or any other behavior intentionally or unintentionally threatens the Service Provider's ability to provide Services or other systems, the Service Provider may take all reasonable measures to protect Services and Service Provider systems, including suspension of Client access to the Service. Repeated violations of indicated restrictions may result in termination of the Client's account.
The Service Provider reserves the right to exclude from archives files with certain extensions (.tar.gz, .tar, .iso, .img, .zip, .jpa, .7z, .rar, .mkv, .wav, .mp3, .flac, .avi, .mpeg, .mp4, .mpg, .tmp, .ogg, .wmv and .vdi.) and files or folders containing the word "cache", with or without capitals.
The Client is notified of their overconsumption without their site being deactivated. However, the Service Provider reserves the right to immediate suspension without notice if the site endangers installation stability.
11.2 Liability limitations
The Service Provider cannot be held responsible for malfunctions or damages resulting from:
Use of Services not in accordance with Service Provider instructions
Modification of Services by the Client or an unauthorized third party
Failure of electronic communication networks
Force majeure as defined in Article 12
Content published by the Client on their Site
Violation by the Client of their contractual or legal obligations
11.3 Client liability
The Client is solely responsible for content they publish on their Site. They guarantee that this content does not infringe third-party rights and that it respects laws and regulations in force.
The Client undertakes to indemnify the Service Provider for all financial consequences that may result from any action or claim by third parties claiming violation of their rights due to content published by the Client.
The Client also undertakes to:
Complete and faithfully fill out "My profile" information forms available in their client space, particularly data necessary for establishing legal notices for their Site and information required for registering their domain name with competent organizations
Provide all content for their website via dedicated forms accessible in their client space, including titles, descriptions, texts and sections necessary for creating different pages of their Site
Ensure accuracy, completeness and legal compliance of all transmitted information
Failure to provide these elements within agreed deadlines may cause delays in Site delivery, without the Service Provider's liability being engaged. The Service Provider reserves the right to suspend work in case of non-transmission of information required by the Client.
ARTICLE 12 - FORCE MAJEURE
Neither party may be held responsible for failure to meet their contractual obligations resulting from force majeure, as defined by Article 1218 of the Civil Code and French court jurisprudence.
The party invoking force majeure must inform the other party as soon as possible and at the latest within 5 days following the occurrence of the event.
The prevented party's obligations will be suspended for the entire duration of force majeure. If force majeure persists beyond 3 months, each party may terminate the contract automatically, without compensation for the other party.
ARTICLE 13 - SUBCONTRACTING
The Service Provider reserves the right to subcontract all or part of Services to qualified technical service providers, without this relieving them of their obligations to the Client. The Service Provider remains responsible for subcontracted services as if they had executed them themselves.
ARTICLE 14 - SATISFACTION OR MONEY-BACK GUARANTEE
14.1 Scope of application
The satisfaction or money-back guarantee applies exclusively to orders for professional showcase website creation at the package price of €200 excl. tax, as described in Article 3.1. This guarantee does not apply to projects subject to a personalized quote.
14.2 Guarantee conditions
The Client may request refund of the "website creation" part if they are not satisfied with the service provided, subject to compliance with the following conditions:
The request must be made before final website delivery
The request must be made within a maximum period of 30 calendar days following the order date
The request must be motivated and addressed in writing to contact@opena.fr
No substantial modification of the initial specifications must have been requested by the Client
14.3 Request procedures
The refund request must be made exclusively via the client space, in the Support > Contact section, specifying the reasons for dissatisfaction.
14.4 Refund procedures
In case of acceptance of the refund request by the Service Provider:
Only the "website creation" part amounting to maximum €200 excl. tax will be refunded
The "hosting and domain name" part amounting to €170 excl. tax constitutes a separate subscription and will not be subject to any refund
The refund will be made within a maximum period of 60 calendar days following acceptance of the request by the Service Provider
The refund will be made by bank transfer to the account used for initial payment
Any bank fees related to the refund remain the Client's responsibility
14.4 Refund consequences
In case of acceptance of the refund request:
All access to the website under creation and its contents will be immediately deleted on the date of acceptance of the request by the Service Provider
Contents and developments carried out remain the property of the Service Provider
The hosting contract remains valid and continues according to the terms of Article 6
The Client retains the possibility of using hosting and domain name for another project
14.5 Relationship with legal withdrawal right
In accordance with Article L221-28 of the Consumer Code, the legal withdrawal right of 14 days is not applicable because execution of services (hosting provision, domain name activation and beginning of site creation) begins immediately after the order with the Client's express agreement.
14.6 Exclusions
This guarantee does not apply in the following cases:
Requests made within 72 hours following the order
Repeated or manifestly abusive requests from the same Client
Non-provision by the Client of elements necessary for site creation within two weeks or provision of incomplete elements
Requests for major modifications to the initial project exceeding the scope of a standard showcase site
Provision by the Client of illegal, defamatory content or infringing third-party rights
Non-compliance by the Client with their contractual obligations defined in Article 7.2
Force majeure cases within the meaning of Article 12
Diverted use of the service for purposes other than creating a professional site
ARTICLE 15 - SPECIFIC PROVISIONS FOR HOSTING ACTIVITY
15.1 Host status
In its capacity as host within the meaning of Article 6-I-2 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, the Service Provider is not subject to a general obligation to monitor information stored on its servers at the Client's request.
15.2 Illegal content notification
In accordance with legislation in force, the Service Provider undertakes to promptly remove any manifestly illegal content as soon as they become aware of it. Any person may notify the Service Provider of illegal content by writing to the following address: contact@opena.fr.
15.3 Identification data retention
In accordance with legislation in force, the Service Provider retains data likely to allow identification of any person who has contributed to creating content hosted on its servers. This information may be communicated to judicial authorities upon requisition.
ARTICLE 16 - VARIOUS PROVISIONS
16.1 Clause independence
If one or more stipulations of these T&C are held invalid or declared as such in application of a law, regulation or following a final decision of a competent jurisdiction, other stipulations will retain their full force and scope.
16.2 Non-waiver
The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to in these T&C cannot be interpreted for the future as a waiver of the obligation in question.
16.3 Contract language
These T&C are written in French. In case of translation into one or more foreign languages, only the French text will prevail in case of dispute.
15.4 Proof agreement
The parties agree that data recorded by the Service Provider in its computer systems constitute proof of orders placed and transactions carried out.
ARTICLE 17 - APPLICABLE LAW AND COMPETENT JURISDICTION
These T&C are subject to French law.
In case of dispute relating to formation, interpretation, execution or cessation of these T&C, the parties will endeavor to find an amicable solution.
Failing amicable agreement, any dispute will be submitted to the exclusive jurisdiction of the courts of Paris jurisdiction, even in case of interim proceedings, incidental application, plurality of defendants or third-party proceedings.
© 2025 OPENA - All rights reserved
