Terms
Serenity Special Terms
ARTICLE 1: PURPOSE
The purpose of these special terms is to define the technical and financial conditions under which SIMAFRI undertakes to provide the design, hosting and delegated management of the Client's website within the framework of the "Serenity by Simafri" service (hereinafter referred to as the "Service"). They supplement SIMAFRI's General Terms of Service; in the event of contradiction, these special terms prevail for the Service concerned.
The Service is a managed service: the Client entrusts SIMAFRI with the creation and operation of their website and is not intended to intervene on it themselves.
ARTICLE 2: DESCRIPTION OF THE SERVICE
2.1. The Service includes the creation of a website presenting the Client's activity, its hosting on the infrastructures of SIMAFRI and its technical partners, the provision and renewal of a security certificate (HTTPS), as well as the technical maintenance of the site throughout the duration of the Service.
2.2. The precise scope of the Service (number of pages, registration of a domain name, email services such as email address forwarding, listing in directories or services published by the group to which SIMAFRI belongs, and other included services) is that of the offer description in force on the day of the Order, which forms part of the Contract.
2.3. Services not mentioned in the offer description are not included. They may be the subject of options subscribed during the Service or of separate quotes.
ARTICLE 3: COOPERATION OF THE CLIENT
3.1. Provision of materials. The Client provides SIMAFRI with the materials necessary for the creation of the site: texts or information enabling their drafting, images, logo, contact details, notices specific to their activity (in particular legal and regulatory notices applicable to their profession). SIMAFRI does not provide any visual identity creation service (logo, graphic charter): the Client provides their logo if they have one.
3.2. Warranties of the Client. The Client warrants that they hold all the rights and authorizations necessary over the materials provided and that their content is accurate, lawful and compliant with SIMAFRI's Code of Conduct. The Client indemnifies SIMAFRI against any third-party claims in this respect. SIMAFRI may refuse any content that is contrary to the law or to the Terms of Service, or of a nature to harm the proper functioning or reputation of its services.
3.3. Time frames. The production time frames run from the complete receipt of the Client's materials. SIMAFRI formats and, where applicable, drafts the content from the materials provided; the Client validates them before they go online. The putting online of the site constitutes acceptance of delivery, without prejudice to the updates provided for in article 4.
ARTICLE 4: INCLUDED UPDATES
4.1. Unless otherwise stated in the offer description, the Service includes one (1) simple modification request per calendar month. Unused requests cannot be carried over or accumulated.
4.2. A simple modification consists of the replacement or adjustment, on the existing pages of the site, of texts, images provided by the Client, contact details or practical information.
4.3. The following, in particular, do not constitute simple modifications: the creation of additional pages, the total or partial graphic redesign, the addition of features, the addition of a version in another language, the modification of the structure of the site or the bulk processing of content. These requests fall under options or separate quotes, which SIMAFRI proposes to the Client before any work is carried out.
4.4. Modification requests are sent via the support channels indicated by SIMAFRI and are processed within a reasonable time. Article 3.2 applies to content transmitted in connection with a modification.
ARTICLE 5: MANAGED SERVICE, NO EDITING ACCESS
The Service does not include any administration, editing or file transfer access for the Client. Any intervention on the site is carried out by SIMAFRI. This characteristic is of the essence of the Service: it enables SIMAFRI to guarantee the integrity, security and performance of the sites it manages.
ARTICLE 6: DOMAIN NAME
6.1. Where the offer description includes a domain name, it is registered in the name of the Client, who is its holder. SIMAFRI handles its technical and administrative management and bears its registration and renewal fees throughout the duration of the Service.
6.2. The choice of the domain name is made from among the extensions provided for in the offer description, subject to availability and to the rules of the registry concerned. So-called "premium" domain names (specifically priced by the registries) are not included.
6.3. If the Client transfers the management of their domain name away from SIMAFRI during the Service, the costs and technical consequences of this transfer are borne by them; the Service continues for the remainder of its scope.
6.4. At the end of the Service if it is not renewed, SIMAFRI's coverage of the domain name renewal ceases. The Client, as holder of the domain, remains free to continue renewing it by their own means; SIMAFRI provides them, upon request, with the necessary details.
ARTICLE 7: SEARCH RANKING AND VISIBILITY
SIMAFRI implements technical best practices for search visibility: page structure and performance, markup, structured data readable by search engines and artificial intelligence systems. This is an obligation of means. The ranking, indexing, traffic, display or mention of the Client's site and activity in search engines, directories, social networks or artificial intelligence systems depend on algorithms and decisions of third parties that SIMAFRI does not control. SIMAFRI does not guarantee any result in this respect and no breach may be attributed to it on this account.
ARTICLE 8: TERM, PREPAID PERIOD AND CONTINUITY GUARANTEE
8.1. The term of the Service, its initial commitment period, its payment terms (including any prepayment of the commitment period) and its renewal terms are those of the offer description in force on the day of the Order, supplemented by the General Terms of Service.
8.2. Continuity guarantee. If, during a prepaid period, SIMAFRI were to permanently cease providing the Service of its own accord (excluding cases of termination for breach by the Client and cases provided for in the Terms of Service), SIMAFRI shall refund the Client the prorated amount of the full prepaid months not served. This refund constitutes the sole compensation due to the Client in this respect.
8.3. Early termination of the Service by the Client during the commitment period does not give rise to any refund of the sums paid, in accordance with the General Terms of Service, unless a mandatory legal provision provides otherwise.
8.4. If no paid renewal is made by the due date, the Service comes to an end; articles 6.4, 10 and 11 apply.
ARTICLE 9: ATTRIBUTION
The managed site bears a discreet attribution notice ("Created by Simafri" or equivalent) in the footer, which may include a link to a website of SIMAFRI or of the group to which it belongs. This notice forms part of the overall economics of the offer. Its removal may be agreed by written agreement, where applicable as part of an option.
ARTICLE 10: SUSPENSION FOR NON-PAYMENT
In the event of non-payment by the due date, and without prejudice to the General Terms of Service, SIMAFRI may suspend the Service: the site is then replaced by an unavailability page. The content and configuration of the site are retained for at least thirty (30) days from the suspension, a period during which full payment of the sums due restores the Service. Beyond this period, SIMAFRI may terminate the Service and permanently delete the corresponding data, without any further retention obligation.
ARTICLE 11: INTELLECTUAL PROPERTY
11.1. The materials provided by the Client (texts, images, logo, trademarks) remain their property.
11.2. The items created by SIMAFRI for the site (compositions, layouts, code, templates, content drafted or produced by SIMAFRI) remain the property of SIMAFRI. The Client has the use of them within the framework of the Service and for its entire duration.
11.3. At the end of the Service, the Client keeps their domain name and the materials they have provided. The site created, operated within the framework of the managed service, is not transferred to the Client, unless a separate written agreement is reached between the Parties.
11.4. SIMAFRI may refer to the site created as a commercial reference, unless the Client objects in writing.
ARTICLE 12: REASONABLE USE
The Service is sized for the normal use of a business presentation site. In the event of abnormal or disproportionate use (manifestly abnormal and lasting traffic volumes, excessive use of the modification service, content or uses manifestly exceeding the intended purpose of the site), SIMAFRI proposes a suitable offer to the Client and may, failing agreement, adjust or limit the Service subject to reasonable notice.