TERMS AND CONDITIONS
Opena - Website creation and eco-responsible hosting
Version effective as of 05/03/2025
ARTICLE 1 - PREAMBLE
1.1 Service Provider Identity
These Terms and Conditions (hereinafter referred to as "T&C") are offered by OPENA SARL, with a share capital of €1,000.00, registered in the Paris Trade and Companies Register under number B 884 094 723 (SIREN: 884094723), whose registered office is located at 78 avenue des Champs Elysées, bureau 326, 75008 Paris, France (hereinafter referred to as "the Service Provider"). EU VAT number: FR86884094723.
The Service Provider can be reached at the following coordinates:
Email address: contact@opena.fr
Postal address: 78 avenue des Champs Elysées, bureau 326, 75008 Paris, France
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 complete and unreserved adherence of the Client to 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: refers to any natural or legal person who orders the Service Provider's services.
Services: refers to all services offered by the Service Provider, including website creation and web hosting.
Website: refers to the professional showcase website created by the Service Provider for the Client.
Hosting: refers to the storage and online publishing service of the Client's Website on computer servers.
Domain name: refers to the URL address allowing access to the Website.
Token: refers to the exchange unit allowing the Client to request content modifications, layout changes or specific developments for their Website 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 the rate of €370 excl. VAT. This service includes:
Choice of a theme from a selection proposed by the Service Provider
Customization of Website colors
Website development on the WordPress platform
One phone appointment before delivery and one delivery phone appointment
Interactive tracking of Website evolution with possibility of direct feedback via the Service Provider's tools
Delivery of the finalized Website with attribution of editor role to the Client, allowing them to modify all content
Website 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 Website:
3.2.1 Standard Hosting
Standard hosting offers (Eco, Performance, E-Commerce) include:
Website hosting on eco-responsible servers
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 websites for the same Client (according to chosen offer)
Unlimited email accounts
High availability (99.99% 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
Token system allowing requests for content modifications, layout changes or specific developments for the Website
Annual number of tokens variable according to chosen offer (2, 3 or 4 tokens)
One website by default (limitation can be unlocked upon request, but this action will disable the interactive feedback tool)
Should the Client obtain full administration rights to the Website, the Service Provider will proceed to uninstall proprietary plugins used for Website 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 in this regard
3.3 Token system
Tokens are allocated annually to the Client according to the subscribed Premium hosting offer. They allow the Client to request Website modifications from the Service Provider without additional cost. One token generally corresponds to a request for modification of texts, images or other media provided by the Client on all Website pages. Unused tokens during a year are carried over 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 Website creation process
Website creation follows a 5-step process:
Theme and colors: The Client chooses a theme from those proposed 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 provider.
Phone appointment: One or more phone appointments are organized to specify the Client's needs.
Development and feedback phase: The Service Provider develops the Website and the Client can track its evolution and provide feedback directly on it.
Delivery: Once the Website is finalized, a phone appointment is scheduled for delivery, during which the Service Provider guides the Client and provides extended access.
Modifications: After delivery, the Client can request modifications using the token system.
4.3 Delivery times
The Service Provider commits to delivering the Website within one to three weeks from receipt of payment and all elements necessary for Website creation. This deadline is given as an indication and may vary depending on project complexity and Client reactivity in providing necessary elements.
4.4 Hosting activation
Website hosting is activated after order validation and payment receipt. The Service Provider provides the Client with necessary credentials to access their administration area.
ARTICLE 5 - PRICING AND PAYMENT TERMS
5.1 Pricing
Service prices are those in force on the day of order placement. They are indicated in euros excluding VAT and calculated including all taxes. The Service Provider reserves the right to modify its prices at any time, but Services will be invoiced based on prices in force at the time of order validation.
Main prices as of the date of these T&C:
Professional showcase website creation: €200 excl. VAT
Eco Standard Hosting: €100 excl. VAT/year
Performance Standard Hosting: €200 excl. VAT/year
E-Commerce Standard Hosting: €300 excl. VAT/year
Eco Premium Hosting (with 2 tokens): €170 excl. VAT/year
Performance Premium Hosting (with 3 tokens): €290 excl. VAT/year
VIP Premium Hosting (with 4 tokens): €420 excl. VAT/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 website creation and one-year hosting package, full payment is required upon order.
For projects subject to a personalized quote, a 50% deposit of the total amount is required upon order, 25% mid-project development, and the remaining 25% upon Website 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 provided to the Client electronically via their client area upon 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 VAT of the remaining sum due, and running from the price due date without any prior notice being necessary.
In addition to late payment indemnities, any sum not paid on its due date will automatically produce payment of a fixed indemnity 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 Website 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 initiated by the Client
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, services remaining available until subscription expiration.
6.3.2 Termination initiated by the Service Provider
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 Client 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 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 area, with response aimed within 2 business 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 illegal purposes or contrary to public order and good morals
Pay for Services within agreed deadlines
Have necessary rights to content they provide for Website 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 Service use 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 commits to hosting its clients' websites on servers powered by renewable energy sources, to limit the environmental impact of digital activity.
8.2 Optimized infrastructures
Infrastructures used by the Service Provider are optimized to operate in an energy-efficient manner, guaranteeing high-performance service while limiting energy consumption.
8.3 Responsible practices
The Service Provider favors responsible practices in infrastructure management, particularly equipment recycling at end of life, to minimize long-term ecological footprint.
ARTICLE 9 - INTELLECTUAL PROPERTY
9.1 Website ownership
Once payment is fully completed, the Client becomes owner of visual and textual elements specifically created for their Website. However, the Service Provider retains intellectual property on technical developments, source codes and frameworks used for Website creation.
9.2 Usage license
The Service Provider grants the Client a non-exclusive usage license for technical developments for the duration of Website hosting. This license allows the Client to use the Website within their activity, without being able to transfer or assign 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 Website creation and updates (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 commits 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 French Law No. 78-17 of January 6, 1978 relating to computing, 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
Invoicing 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 illegal 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 exhaustive, any loss of turnover, clientele, data or any loss of earnings.
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 capacity 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 failures to comply with 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 warned of 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:
Service use not in accordance with Service Provider instructions
Service modification by the Client or unauthorized third party
Electronic communication network failure
Force majeure case as defined in Article 12
Content published by the Client on their Website
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 Website. They guarantee that this content does not infringe third-party rights and 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.
ARTICLE 12 - FORCE MAJEURE
Neither party may be held responsible for failure to meet contractual obligations resulting from force majeure, as defined by Article 1218 of the Civil Code and jurisprudence of French courts.
The party invoking force majeure must inform the other party as soon as possible and at most within 5 days following the event occurrence.
Obligations of the prevented party 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 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 - SPECIFIC PROVISIONS FOR HOSTING ACTIVITY
14.1 Hosting provider 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.
14.2 Illegal content notification
In accordance with applicable legislation, the Service Provider commits 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.
14.3 Identification data retention
In accordance with applicable legislation, the Service Provider retains data that can identify any person who has contributed to creating content hosted on its servers. This information may be communicated to judicial authorities upon requisition.
ARTICLE 15 - MISCELLANEOUS PROVISIONS
15.1 Independence of clauses
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 all their force and scope.
15.2 Non-waiver
The fact that one of the parties does not invoke 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.
15.3 Contract language
These T&C are written in French. In case of translation into one or more foreign languages, only the French text will be authoritative in case of dispute.
15.4 Proof agreement
The parties agree that data recorded by the Service Provider in its computer systems constitutes proof of orders placed and transactions carried out.
ARTICLE 16 - 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, parties will endeavor to find an amicable solution.
In the absence of amicable agreement, any dispute will be submitted to the exclusive competence of courts within Paris jurisdiction, even in case of summary proceedings, incidental claims, plurality of defendants or third-party proceedings.
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