The Client, hereinafter referred to as the "Client"
Hikiku.fr, non-profit website, with a capital of 0 Euros, whose registered office is 1 chemin de l'Aubarede, not registered with the Trade and Companies Register, Siren n ° *** *** *** "Company canceled. Reason: no resources to declare", reachable on its website: Hikiku.fr, represented by its Chairman, hereinafter referred to as "Noël C", "VPS / WEB" subsidiary of the website.
The Contract includes these General Conditions of Sale, the registration form on the Hikiku.fr site and the characteristics of the offer chosen by the Customer. The whole is therefore hereinafter referred to as the “Contract”.
Article 1: object
The purpose of the Contract is to define the terms of supply of the services offered by Hikiku to Customers. Any use of the services is subject to compliance with the Contract by the Customer.
These conditions constitute the entire contractual framework binding the parties. The simple fact of booking online will constitute full acceptance of these Contractual Conditions.
The Customer agrees to have the power, authority and capacity necessary for the conclusion and performance of the obligations provided for herein.
Article 2 - Services provided by Hikiku
Hikiku is a service provider, which hosts and rents game servers, voice servers, websites and domain names on the Internet.
Depending on the package chosen, a service may be provided with additional services, including an SSL certificate.
Article 3 - Means
Hikiku’s hosting platform is accessible to the general public through the Internet by means of stations connected to the Internet network.
Hikiku provides the computing power, security equipment and software necessary for the operation of the services.
Article 4 - Technical assistance
Hikiku provides the Customer with assistance on the website https://Hikiku.fr/, in the “About” section, “Contact us”.
The purpose of the support is to provide occasional help to the Customer. It is not intended to provide an intervention on the service rented by the Customer. Any remote intervention on a service may be subject to specific services.
Article 5 - Conditions for performing and invoicing services
Hikiku hosts the Customer's service on its server platform following the registration of the order filled online by the Customer at the address https://Hikiku.fr/ and the corresponding payment.
Hikiku will acknowledge receipt of payment to the Customer by email.
At the time of validating the online order, the Contract governing the relationship between the Customer and Hikiku is formed, subject to the sending by Hikiku of an installation confirmation email, informing the Customer of the codes and Internet addresses. allowing him to take possession of said service.
The date on which codes and Internet addresses are sent determines the initial date on which invoicing will take effect. The contract is deemed final on the day the confirmation of service installation is sent by Hikiku. The parties agree that this confirmation from Hikiku will serve as evidence between the parties in the event of a conflict. This acknowledgment of receipt will be archived by Hikiku on its own servers and kept in a safe place. The date and time of reception will be those recorded by the server of the Hikiku company, which will prevail between the parties until proven otherwise. In the absence of the sending of this acknowledgment of receipt or of its non-receipt, the contract cannot be deemed concluded. It is then up to the Customer to contact Hikiku to inform him.
Article 6 - Operating conditions
Hikiku undertakes to do everything possible to ensure the permanence, continuity and quality of the services it offers and therefore subscribes to an obligation of means. Consequently, Hikiku will endeavor to offer Internet access 24 hours a day, 7 days a week without being able to guarantee this, given the nature of the Internet network.
The Customer hereby acknowledges that fluctuations in bandwidth and contingencies emanating from its Internet service provider are elements that may lead to a discontinuity and / or degradation in access to the service, beyond the control of Hikiku and external to its technical means, as defined in article 10.
Article 7 - Information
on customer and service compliance
The Customer acknowledges having verified the suitability of the service to his needs and having received from Hikiku all the information and advice that was necessary for him to subscribe to this commitment knowingly.
Article 8 - Obligations of Hikiku
Hikiku undertakes to provide all the care and diligence necessary to provide a quality service in accordance with the practices of the profession and the state of the art. It only responds to an obligation of means.
Hikiku commits to:
Ensure access to service 24 hours a day, every day of the year. In case of absolute necessity, Hikiku reserves the right to interrupt the service to carry out a technical intervention in order to improve its operation or for any maintenance operation. Hikiku will then inform the Customer beforehand, as far as possible, within a reasonable period of time, informing him of the nature and duration of the intervention, so that the Customer can make arrangements.
Intervene quickly in the event of an incident.
Maintain the quality of its tools at the highest level.
Make available to the Customer the possibility of managing access to his server and to the ancillary services provided as far as possible, through FTP access and / or administration consoles accessible on https: //panel.Hikiku .fr / (after Customer authentication).
Article 9 - Obligations and responsibility of the customer
The Customer does not have physical access to the hardware (physical servers, network equipment, etc.) of Hikiku.
The Customer is the administrator of the service rented from Hikiku. As such, he is responsible for any changes made by him or through him on this service. He is therefore responsible for any use of his access to our services.
In order to maintain the level of security of the Customer's service and of all the services present on its hosting platform, Hikiku undertakes to notify the Customer, by e-mail, of the availability of application updates. for which a safety fault has been detected. If the update of these applications is not carried out following requests from Hikiku, the latter reserves the right to interrupt the connection of the service to the Internet network, as long as the update has not been carried out.
The Customer is solely and exclusively responsible for the passwords necessary for the use of his service and his account on the site https://Hikiku.fr/. Hikiku disclaims all liability for any illicit or fraudulent use of the passwords made available to the Customer. The provision of passwords is considered confidential.
Any suspicion of a disclosure, intentional or not, of the passwords provided, engages the sole responsibility of the Customer to the exclusion of that of Hikiku.
In the event of a request to recover lost access by the Customer, Hikiku may invoice this service based on the time spent on this operation. Proof of identity will also be requested.
The Customer alone shall bear the consequences of any failure to operate the service resulting from any use by any person to whom the Customer has provided his (or her) password (s). Likewise, the Customer alone bears the consequences of the loss of the aforementioned password (s).
The Client acts as an independent entity and therefore alone assumes the risks and perils of its activity. The Customer is solely responsible for the services and websites hosted on his Hikiku account, the content of the information transmitted, disseminated or collected, their use and their updating, as well as all files, in particular address files. The Customer undertakes in particular to respect the rights of third parties, in particular the rights of personality, the intellectual property rights of third parties such as copyrights, rights on patents or on trademarks. Consequently, Hikiku can not be held responsible for the content of the information transmitted, disseminated or collected, their use and their updating, as well as any files, in particular address files, for any reason whatsoever. .
Hikiku can only warn the Customer about the legal consequences that could result from illegal activities on the site and disclaim any joint and several liability for the use of data made available to Internet users by the Customer.
The Client therefore declares that he fully accepts all legal obligations arising from the ownership of his services, Hikiku cannot be sought or questioned in this regard for any reason whatsoever, in particular in the event of a violation of laws or regulations applicable to the Client's services. . Failure by the Client to comply with the points referred to above and in particular any activity likely to give rise to civil and / or criminal liability will entail the right for Hikiku to interrupt without
and without prior notice to the Customer's services and immediately and automatically terminate the contract. It is the same if the Customer uses in a proven way the technique of spamming on the Internet network, which behavior involves without notice the interruption of the service and the termination hereof. In these cases, the Customer may not claim reimbursement by Hikiku of the sums already paid.
The Customer undertakes to comply with all the legal and regulatory requirements in force and in particular those relating to the IT law, files and freedoms and in particular to make any declaration of processing to the National Commission for Informatics and of Freedoms (CNIL).
The Customer also undertakes to take out all the necessary insurance with an organization known to be solvent in order to cover all the damage which would be attributable to it within the framework of this contract or its execution.
The Client guarantees Hikiku against any third-party claim relating to the content of the information transmitted, disseminated, reproduced, in particular that resulting from an infringement of personality rights, of a property right linked to a patent, a trademark, designs, copyrights or those resulting from an act of unfair or parasitic competition or an infringement of public order, ethical rules governing the Internet, good morals, respect for private life ( image rights, secrecy of correspondence ...) or the provisions of the Penal Code. As such, the Client will indemnify Hikiku for all costs, charges and expenses that the latter would have to bear as a result, including the reasonable fees and expenses of Hikiku's advice, even by a non-final court decision.
The Customer undertakes to pay directly to the author of the complaint any sum that the latter would require from Hikiku. In addition, the Client undertakes to intervene at the request of Hikiku in any proceedings instituted against the latter as well as to guarantee Hikiku from all the convictions which would be pronounced against it on this occasion. Consequently, the Customer undertakes to take personal responsibility for any claim and / or procedure, whatever the form, object or nature which may be brought against Hikiku and which is related to the obligations charged. of the Customer under this contract.
The use of SPAM and PHISHING is totally prohibited. The Customer agrees not to use the functionalities of his hosting to send massively large number of messages (SPAM) or to people who do not wish to receive them, some of whom may be registered on private files but do not wish not receive messages, Hikiku will take their opinions into account as well.
In the event of non-compliance with this commitment, the Customer acknowledges that Hikiku is entitled to limit, restrict, interrupt or definitively suspend all or part of the service in question for a period of at least seven days or even terminate the service definitively. contract in the event of non-compliance with spamming or phishing warnings sent by e-mail to the Customer.
The Customer undertakes to inform Hikiku within 48 hours of any modification concerning his situation and within 24 hours of any possible loss of passwords.
Article 10 - Liability of Hikiku
Under no circumstances can Hikiku be held liable in the event of:
Customer fault, negligence, omission or default
Non-compliance with advice given
Fault, negligence or omission of a third party over which Hikiku has no supervisory control power
Force majeure, event or incident beyond the control of Hikiku
Termination of accommodation for any reason referred to in article 10.1
Disclosure or unlawful use of the password given confidentially to the Client
Hikiku is responsible, according to the rules of civil law, for the services provided to the Client.
Hikiku undertakes to use all its means to provide services to Customers under optimal conditions, except in the event that an interruption of service is expressly requested by a competent administrative or judicial authority.
In addition, Hikiku will not be held liable for any case of force majeure usually recognized by the courts and in particular:
If the performance of the contract, or of any obligation incumbent on Hikiku hereunder, is prevented, limited or disrupted by fire, explosion, failure of transmission networks, collapse of facilities, epidemic, earthquake, flood , blackout, war, embargo, law, injunction, demand or demand of any government, strike, boycott, or other circumstance beyond the reasonable control of Hikiku (“Force Majeure”), then Hikiku, subject to prompt notification to
Client, must be exempted from the execution of his obligations within the limit of this impediment, limitation or disturbance and the Client will be in the same way exempted from the execution of his obligations insofar as the obligations of this part relate to the performance thus prevented, limited or disturbed, provided that the party thus affected makes its best efforts to avoid or remedy such causes of non-performance and that the two parties proceed promptly once such causes have ceased or been removed .
The party affected by a Force Majeure Event must keep the other party regularly informed by e-mail of the forecasts for the elimination or reinstatement of this Force Majeure Event. If the effects of a Case of Force Majeure should last longer than 30 days, the contract may be terminated automatically at the request of either party, without the right to compensation on either side. .
Or again by the Customer, in particular in the following cases:
Damage to the application
Misuse of services
Partial or total destruction of information transmitted or stored as a result of errors attributable directly or indirectly to the Customer
Hikiku cannot be held responsible to the Customer for the introduction of a computer virus into the services having an effect on its proper functioning, for the migration of the services in a different hardware or software environment, for modifications made to the software components by a person other than the service provider, from a drop in turnover resulting from the operation or absence of operation, or the use or absence of use of the services or of the information contained therein or to be be there, illegal or unauthorized intrusion of any third party in the services, temporary congestion of bandwidth an interruption of the Internet connection service for a cause beyond the control of the designer.
Hikiku cannot be held responsible for the content of information, sound, text, images, form elements, data accessible via the services provided, transmitted or posted by the Customer for any reason whatsoever.
Hikiku cannot be held responsible for the total or partial non-compliance with an obligation and / or failure of the operators of the transport networks to the Internet world and in particular of its access provider (s). As such, Hikiku informs the Customer that its services are independent of other technical operators and that its liability cannot be incurred by their failure.
Repairs due by Hikiku in the event of service failure resulting from a fault established against it will correspond to direct, personal and certain damage related to the failure in question, to the express exclusion of any indirect damage.
In any case, Hikiku can not be held responsible for indirect damages, that is to say all those which do not result directly and exclusively from the partial or total failure of the service provided by Hikiku, such as commercial damage, loss of orders, damage branding, any commercial disturbance, loss of profits or Customers (for example, inappropriate disclosure of confidential information concerning them as a result of defect or hacking of the system), for which the Customer will be its own insurer or may take out the appropriate insurance.
Any action directed against the Customer by a third party constitutes indirect damage and therefore does not give rise to the right to compensation. In any event, the amount of damages that could be charged to Hikiku, if its liability were incurred, will be limited to the amount of the sums actually paid by the Customer to Hikiku for the period considered or invoiced to the Customer by Hikiku or the amount of sums corresponding to the price of the service, for the part of the service for which Hikiku was held responsible. The lowest amount of these sums will be taken into account.
Hikiku does not perform any specific backup of hosted data. It is therefore up to the Customer to take all necessary measures to safeguard his data in the event of loss or deterioration of the data entrusted, whatever the cause, including that not expressly referred to herein. By this contract, the Customer expressly exempts Hikiku from taking specific security measures, in particular from keeping connection logs prior to the current month.
Consequently, Hikiku recommends that the Customer implement a monthly safeguard measure carried out by him. He will himself keep all the data that Hikiku may have transmitted to him, in terms of connection logs, in particular.
The same is true for the temporary collection of
“IP” (Internet Protocol) addresses considered as an internal security measure, which addresses are not kept by Hikiku beyond a period of one month. Any subsequent complaint, even on judicial or administrative injunction, will therefore not be successful, as Hikiku is no longer in possession of this non-archived data.
Hikiku's liability cannot therefore be sought in the event of a possible failure to implement security measures, in particular safeguard. However, if Hikiku's liability were to be raised by a judicial authority, it could not be greater than an amount equal to the amount of the services invoiced to the Client for the period of the last 12 months.
The Client acknowledges that no stipulation hereof will release it from its obligations to pay all amounts due to Hikiku hereunder.
Article 11 - Duration of the contract, prices and means of payment, renewal and termination
The contract is concluded for a period chosen by the Customer when creating his order form which begins to run from the date of provision of the service to the Customer.
An inactive Hikiku account, ie without service installed and whose owner has not authenticated for more than 3 months, may be deleted from the database. Any credits, bonus and historical points present will then be lost. Hikiku cannot be held responsible for the destruction of the inactive account.
Prices and payment methods
The prices of the services provided by Hikiku under the Hikiku services contract are subject to several rates established according to the nature of the services provided. The current prices are those available for consultation online on the site https://Hikiku.fr/ and on request from Hikiku customer support. The prices of the rents and services offered are mentioned in the order form; they include all taxes and are payable in euros, in advance, for a period ranging from 1 to 12 months depending on the invoicing option chosen by the Customer in the order form. The prices of the rent paid in advance are guaranteed for the period concerned. Any incident and / or late payment on the due date will result in the suspension of services. When creating the order form, the Customer has the option of inserting a promotional code, if available. It is not possible to take into account a promotional code if it has not been entered correctly in the order form. A promotional code can in no case be validated / applied after the payment of an order form. The Customer must always check that it is correctly inserted during the summary of the order.
With regard to article 18, no opposition to a payment will be tolerated.
By making a PayPal dispute or opposing a payment by credit card or Internet +, the customer runs the risk of being banned from ALL Hikiku services.
Upon receipt of an objection:
Upon receipt of a PayPal dispute or an opposition to a payment by credit card or Internet +, services are automatically suspended, credits and bonus points are confiscated. A ticket is sent to the customer to inform them.
In addition, the customer is then no longer authorized to make payment on our site until the objection is investigated.
Costs due to a stop payment:
The customer will owe Hikiku the equivalent of the service used but not paid for because it was the subject of an opposition.
In addition, additional charges will be applied depending on the payment method used:
In a PayPal dispute, a fee of 16 euros imposed by PayPal will be charged to the customer or will be payable.
In the event of a bank card or Internet + opposition, a fee of 10 euros imposed by the bank will be charged to the customer or will be payable.
The consequences of an opposition:
Any dispute not settled amicably or opposition systematically results in a closure of the customer's account and a permanent withdrawal of all his services. If the customer wishes to contest this closure with a valid reason, he must contact the General support of the site by email.
If after removal of services and confiscation of credits, the customer no longer owes Hikiku money, the customer will be notified by ticket. In the event that his dispute has been processed in his favor, if he wishes after this opposition to make a payment by PayPal, bank card or Internet +, on our site, the customer must provide additional information to validate his future payments (number phone number and / or proof of identity and address).
If the customer still owes Hikiku money for a used but unpaid service, involving fees imposed by PayPal or the bank, the customer will be notified by ticket.
No response to previously opened ticket d
Within 7 days, the customer may be exposed to a complaint filed against him, especially in the case of credit card fraud.
In addition, the client will be banned from ALL Hikiku services.
Hikiku will notify the Customer (who has subscribed for a period greater than or equal to one month) by means of at least six successive e-mails reminding them of the obligation to pay the price of the renewal of the service (s) concerned (s). ), except for Customers with direct debit and those who have issued a termination request.
This notification will be made by e-mail and will be sent to the billing contact (e-mail address to be kept up to date, under the responsibility of the Customer). The Customer then has 7 days following the expiration date to renew the service.
These emails will be sent to the Client according to the following schedule:
Notice of expiration of service:
60 days before expiration if the billing cycle is annual
30 days before expiration if the billing cycle is semi-annual or greater
14 days before expiration if the billing cycle is quarterly or greater
7 days before expiration if the billing cycle is monthly or higher
3 days before expiration if the billing cycle is monthly or higher
Receipt of the invoice - 1 day before expiration
1st reminder - 2 days after expiration
Suspension of service - 3 days after expiration
2nd reminder - 5 days after expiration
Then, the service will be put on hold and the Customer will then have the possibility of renewing their service, without loss of data, by clicking on the payment link on their invoice from their Customer Area, which will remain displayed in their account for 7 days. , the date of receipt of payment being proof.
If payment is received after the 7 days, the renewal will not be taken into account and you will need to contact our support.
When the Customer uses PayPal or Credit Card as a means of payment, he takes out a subscription except when purchasing credits.
When the Customer pays with PayPal, it signifies their full agreement and acceptance of the use of their PayPal account for scheduled payments to Hikiku. The Customer authorizes Hikiku to directly debit their PayPal account for the appropriate amount. These payments will be made in accordance with the pre-approved payments section of the PayPal Terms of Service.
Payments will be made using the Customer's default payment method, unless the Customer selects a preferred payment method by accessing their Preferences page on the PayPal site.
The Customer can access the "My pre-approved payments" section of their PayPal account to cancel this direct debit authorization.
Under no circumstances is it necessary to initiate a bank dispute or dispute procedure. Especially since fees may be charged to the customer, as well as a ban from our services. See section 3, article 11.
No email will be sent to the Customer to specify that he has subscribed to a subscription. However, he will receive emails according to the same schedule as in the case of a manual renewal. It is clearly specified on the site, before the first payment and the creation of a subscription, that a subscription will be created: the Customer is obliged to click on a button for this purpose.
Moreover, the Customer can also see on his rental panel in "Customer Area" whether he has an active subscription or not.
No email will be sent to the Customer to notify him of the direct debit. The Customer must verify that he has the necessary funds to validate the payment on his bank or PayPal account.
The services hired by Hikiku are not subject to any commitment of duration other than the period already paid by the Customer. To end the service, the Customer must simply not renew it or cancel their PayPal or credit card subscription.
In the event of force majeure, each party may automatically terminate the contract without compensation by registered letter with acknowledgment of receipt, under the conditions provided for in the article entitled “Responsibilities” of this contract.
In the event of failure by one of the parties to one or other of its obligations under the contract, not repaired within 7 days of receipt of a registered letter with request for an opinion of receipt sent by the complaining party notifying the breaches in question, the contract will be terminated automatically, without prejudice to any damages and interest that may be claimed from the defaulting party.
If Hikiku terminates the contract under the conditions provided for in article 10, the Customer may not claim reimbursement by Hikiku of the sums already paid.
In the absence of full payment of the renewal price set in the tariff
, Hikiku will not be able to carry out the renewal requested by the Customer. The Customer will take all necessary steps to save his data before the closure of his service.
Any non-payment or irregular payment, that is to say, in particular, of an incorrect amount, or incomplete, or not including the required references, or carried out by a means or a procedure not accepted by Hikiku, will be purely and simply ignored and will cause Hikiku to reject the rental or renewal request. In this case, by way of derogation from the article named "Obligations of the Customer", the Customer will have from this information a period of one month to terminate this contract without penalty. Otherwise, the Customer will be deemed to have accepted the new prices.
The price changes will apply to all contracts and in particular to those in progress.
Hikiku reserves the right to pass on, without delay, any new tax or any increase in the rate of existing taxes.
The services provided by Hikiku are payable when ordering. The Customer is solely responsible for the payment of all sums due under the Hikiku service provision contract. By express agreement and except postponement requested in time and granted by Hikiku in a specific and written manner, the total or partial default of payment on the due date of any sum due under the contract will automatically and without prior notice:
The immediate payment of all sums remaining due by the Customer under the contract, regardless of the method of payment provided.
The suspension of all current services within 3 days, whatever their nature, without prejudice to Hikiku to use the right to terminate the contract.
In the event that the Customer has not paid the sums due within 7 days of the due date, Hikiku reserves the right to erase all the files present on the server previously rented to the Customer.
Article 12 - Credits
Coins are a virtual currency unique to Hikiku.
Purchases of Coins are non-refundable. Coins are not convertible into any real currency, they are used exclusively to pay for a Hikiku service.
Coins can be transferred FREE of charge between Customers by request to the support concerned, but cannot be claimed under any circumstances following the transfer. The Client must be sure to want to transfer his Coins before validating it. However, Hikiku reserves the right to cancel this transfer, in particular in the event of proven fraud or fraud.
Coins represent a virtual currency that can be used during the payment phase of an order. It is also possible to buy Coins via the payment methods accepted by Hikiku.
The sale of Coins is not permitted. If the Client sells his Coins, he takes responsibility for them. If the Client purchases Coins elsewhere than on the Hikiku site, in particular from another Hikiku Client, he takes responsibility for them.
Hikiku cannot be held responsible for a sale of Coins between Client or any outside person.
In the event of proven fraud on the part of the Client, the Coins in the account may be deleted.
Article 13 - Change of offer
The change of offer is a feature of the Hikiku store that allows the Customer to switch from one offer to another FREE. All Hikiku products and services have this functionality.
The Customer has nothing to pay in addition, only the expiration date of his offer is changed according to the new offer chosen, via a prorating system.
A change of offer will not give rise to any refund, even in credits.
For some offers, this action is irreversible and cannot give rise to any reimbursement, even in credits, nor to a modification.
A change of offer cannot be canceled.
When the Customer has a Credit Card or PayPal subscription, he does not need to cancel his automatic renewal. The subscription will automatically update with the new offer chosen.
NOTE: For customers who have purchased a PayPal Standard subscription, Customer will first need to cancel their automatic renewal before making the change of offer.
Article 14 - Modification
The online general conditions prevail over the printed general conditions. The parties agree that Hikiku may, as of right, modify its service without any other formality than informing the Customer by an online warning and / or making its modifications in the general conditions online.
Any modification or introduction of new subscription options will be the subject of online information on the site located at the URL address https://Hikiku.fr/ or the sending of an email to the Customer. In this case, the Customer may, in derogation from the article "TERMINATION" of the
general conditions, terminate the contract within thirty days of the entry into force of these modifications.
Article 15 - Fight against fraud
A natural person can only have one and only one Hikiku Account. The creation of accounts under false identities in order to infringe the provisions of the T & Cs. is prohibited. Using a Hikiku Account to perform prohibited actions will likewise be considered fraud. Any fraud results in termination of the Account. Any use of computer script to attempt to create multiple Accounts or to damage the Site is prohibited.
In case of suspicion or fraud, Hikiku, proceeds to the warning, the suspension and the exclusion (temporary or definitive) of the Customer (s) concerned. In any case, in the event that an account is closed by Hikiku due to a violation of these General Conditions, the Customer will lose his rights to the bonus points and to any other promotional offer that may have been granted. Hikiku also reserves the right to claim sums that have been obtained fraudulently, by any legal means.
In the event of fraud or attempted fraud, personal data concerning the User may be communicated to the courts or to other companies and organizations involved in the fight against bank fraud.
Anti-fraud verification was implemented following the growing number of fraudulent transactions.
The activation email.
Each User must provide a valid email address when registering. In order to verify the existence of this email address, an activation email is sent to the address provided. If no account activation is completed after 7 (seven) days, the account is automatically closed and all associated services are terminated.
Validations of orders and payments.
Aware that the simple e-mail validation system is not enough to fight against fraud and wishing to provide a reliable and quality service, Hikiku will be able to carry out, in addition to the validation by e-mail, validations of orders and payments by telephone , unsystematic and in a targeted manner.
In addition to - or as a replacement - telephone validation, Hikiku reserves the right to request proof of identity (front copy of identity document, proof of address). Hikiku has authorization from the CNIL for this purpose.
In the event of a request, the Customer who has made the payment must send Hikiku, within 24 hours, the supporting document requested by email or post. If proof is not received within the aforementioned 24-hour period, the service will be temporarily suspended until the validation of the payment (s).
As long as the Customer does not validate his payment (s), he will no longer be authorized to make Payal or credit card payments on our site.
The payment control service is open 7 days a week.
Regulation by IP address.
Technical means can be put in place to regulate the number of account creation from the same IP address, in order to limit abuses. The current limit is as follows: one creation of a Customer account per IP address.
Article 16 - Special Conditions of Web Hosting and Domain Names
The Customer agrees not to host sites and data of a charming or pornographic, racist or illegal nature and those with hypertext links to this type of site are prohibited on Hikiku's services.
Likewise, it is forbidden to host any site and data on pages relating to any proselytism relating to sectarian movements as denounced in the parliamentary report "Sects in France", or considered to represent a sectarian risk for them. State services, or recognized as such by a court decision having the force of res judicata. He also undertakes not to redirect his domain to this type of site.
The Customer agrees not to make available to the public, from its services hosted on Hikiku's servers, non-royalty-free music or video files encoded in MP3, DIVX or other format. He also undertakes not to include hypertext links on his services and not to redirect his domain to sites distributing this type of service.
The Customer is responsible for respecting the volume of traffic and storage space authorized by the hosting plan and options to which he has subscribed. The Customer is informed that the publications constitute in particular works of the mind protected by copyright within the meaning of article L 112-2 1st and 2 ° of the Code of
He assures Hikiku that he owns all the intellectual property rights on all the pages that he hosts, that is to say the rights of reproduction, representation and distribution relating to the Internet medium, for a predetermined period.
The Client acts as an independent entity and therefore alone assumes the risks and perils of its activity. The Customer is solely responsible for the services and its website, for the content of the information transmitted, disseminated or collected, for their use and updating, as well as for all files, in particular address files. The Customer undertakes to respect the rights of third parties, the rights of personality, the intellectual property rights of third parties such as copyrights, rights on patents or on trademarks. As a result, Hikiku cannot be held responsible for the content of the information transmitted, disseminated or collected, their use and their updating, as well as any files, in particular address files, for any reason whatsoever. .
The Customer therefore declares to fully accept all legal obligations arising from the ownership of its services, Hikiku cannot be sought or worried in this regard for any reason whatsoever, in particular in the event of violation of laws or regulations applicable to the Customer's services. .
The Customer declares to have obtained all the necessary authorizations in terms of copyright, in particular from the copyright distribution companies that would be required.
The Customer undertakes to include on the various dissemination media the identity and address of the owner or author of the disseminated data and to make all the requests necessary for their use on our hosting services, in accordance with French law in force.
Failure by the Customer to comply with the points referred to above - whether for the services hosted on the Hikiku services platform or whether it concerns a redirection of his domain to this type of site - and in particular any activity specifically prohibited from Hikiku's services and / or any content broadcast specifically prohibited on Hikiku's services and / or likely to give rise to civil and / or criminal liability and / or likely to infringe the rights of a third party will result in the right to Hikiku to interrupt the Client's services without delay and without prior notice and to terminate the contract immediately and automatically, without prejudice to the right to any damages to which Hikiku could claim. In these cases, the Customer may not claim reimbursement by Hikiku of the sums already paid.
The Customer undertakes to comply with all the legal and regulatory requirements in force and in particular those relating to IT, files and freedoms and in particular to make any declaration of processing to the National Commission for Informatics and of Freedoms (CNIL).
The Customer also undertakes to take out all the necessary insurance with an organization known to be solvent in order to cover all the damage which would be attributable to it within the framework of this contract or its execution.
The Client guarantees that Hikiku will be relieved of any claim by third parties related to the content of the information transmitted, disseminated, reproduced, in particular that resulting from an infringement of personality rights, of a property right linked to a patent, a trademark, to designs, copyrights or those resulting from an act of unfair or parasitic competition or an infringement of public order, ethical rules governing the Internet, good morals, respect for life private (image rights, secrecy of correspondence, etc.) or the provisions of the Penal Code: as such, the Client will indemnify Hikiku for all costs, charges and expenses that the latter would have to bear as a result, in including the reasonable fees and expenses of Hikiku's advice, even by a non-final court decision.
The Customer undertakes to pay directly to the author of the complaint any sum that the latter would require from Hikiku. In addition, the Client undertakes to intervene at the request of Hikiku in any proceeding brought against the latter as well as to guarantee Hikiku of all the convictions which would be pronounced against it on this occasion. Consequently, the Customer undertakes to take personal responsibility for any complaint and / or procedure whatever the form, object or nature that may be brought against Hikiku and which is related to the obligations imposed on the Customer under this contract.
The Customer, solely responsible for the content of the site, undertakes to defend Hikiku at its own expense in the event that the latter is the subject of an action for resale.
cation, relating to the data, information, messages, etc., that it disseminates and to bear the compensation due in compensation for any damage suffered, on condition of having full freedom to compromise and conduct the procedure.
Domain name rental
Hikiku does not sell domain names. All domain names ordered by the Customer are and will remain the property of Hikiku, until the expiration of the service rented by the Customer and the expiration of the domain with the registrar with which Hikiku has registered the domain name.
A domain name is not refundable or transferable.
Article 17 - Special conditions Dedicated servers
These conditions apply to Hikiku's services in addition to those already mentioned in the previous articles.
Hikiku offers its Customers the rental of a machine where they can install an indefinite number of game servers, within the limits of the capacities of the host machine. Although this machine is physical, the Customer will only have access to it through a management panel where they can install, delete and modify their game servers as they wish, without having master / online access. control to the machine.
Hikiku undertakes to place the Customer as the sole owner of the machine and to provide him with tools to monitor the state of the latter in real time (CPU, RAM, storage, etc.). The Hikiku team will also take care of the configuration, security and maintenance of the service provided to the Customer.
In the event of non-renewal, the service may be suspended the same day and permanently deleted within a maximum period of 7 days without notice.
Article 18 - Right of withdrawal and refund
The right of withdrawal
Notwithstanding article L.121-20-2 of the French Consumer Code, the Customer no longer has the right of withdrawal from the date and time of provision of the service. It is important to note that the Hikiku.fr service is set up instantly after payment, except in the case of payment by transfer or check.
By way of derogation from article L.121-20-1 of the French Consumer Code, the Customer has a right of withdrawal of 7 (seven) days, if the service has not yet been set up (in particular during 'a problem installing the service, a pre-order, or payment by check or bank transfer).
This right of withdrawal is made by message to the support service which can be found at the following address: https://Hikiku.fr/contact and entitles the Customer to reimbursement of the sums already paid by him within thirty (30) days from receipt of notice.
Any withdrawal request that does not comply with the legal deadline or the formalities of the previous paragraph will not be taken int