Conditions Générales

DEFINITIONS

“Agreement” refers to the agreement between COBIMEX Studio and the Client for the provision of Services by COBIMEX Studio to the Client;

“Bandwidth” refers to the data transmission rate in bits per second, using the COBIMEX Studio equipment;

“Confidential Information” means information identified as confidential or proprietary by either party or which is clearly confidential or proprietary in nature;

“Client” means You, a natural or legal person who has accepted these Terms of Use;

“Fees” refers to the fees for the Services, the price of which is that indicated on cobitel.com;

“Intellectual Property Rights” means all patents, trademarks, service marks, copyright, know-how, design rights or any other intellectual or similar rights, whether or not registrable in a country, as well as all or part of the goodwill to the same;

“Services” means accommodation;

“Benin Hosting” refers to Cobimex Sarl, a company registered in Benin, whose company number is 12660471. Benin Hosting is the hosting trading name of Cobimex Sarl;

“You your”; and grammatical variants thereof means you, any other entity that has ownership or other beneficial interest in you, or any other entity in which you have ownership or beneficial interest.

1. USE OF THE SERVER

1.1 COBIMEX Studio does not allow any of the following content to be stored on its servers: Illegal material – This includes copyrighted works, commercial audio, video or music files, and any material in violation of any Beninese law . Adult Material – Includes all pornography, erotic images, or other obscene or lewd content. The designation of “adult material” is entirely at the discretion of COBIMEX Studio. COBIMEX Studio does not allow pirated software, ROMs, emulators, hacking, password cracking, IP address spoofing, etc., and encryption of any of the above. This also includes any sites that provide “links to” or “how-to information” about these materials.

2. UNLIMITED BANDWIDTH POLICY

2.1 High Bandwidth Utilization: COBIMEX Studio offers an unrestricted usage policy maintaining very high bandwidth per client ratios. In rare cases, COBIMEX Studio may find that a client is using server resources to such an extent that it may compromise server performance and resources for other clients. In such cases, COBIMEX Studio reserves the right to impose the high resource usage policy for the consideration of all customers.

3. HIGH RESOURCE USE POLICY

3.1 Resources are defined as bandwidth, CPU utilisation or disk space. COBIMEX Studio may implement the following policy at its sole discretion: when a website monopolizes available resources, COBIMEX Studio reserves the right to suspend that server immediately. This policy is only implemented in extreme circumstances and is intended to prevent misuse of our servers.

4. FEES AND TERMS OF PAYMENT

4.1 All service fees are payable in advance and are non-refundable;

4.2 All fees must be paid in CFA Francs, and all prices are quoted exclusive of Value Added Tax (VAT) unless otherwise stated;

4.3 Although COBIMEX Studio reserves the right to modify the prices of the Services at any time, all prices are guaranteed for the prepayment period. Any changes to the prices of the Services will be clearly communicated to Customers prior to their request, with one month’s notice given for such changes. The notice will be sent by e-mail to the primary e-mail address held on the Client’s COBIMEX Studio account;

4.4 Any additional hosted domains will be forfeited if the primary hosting package fee is not paid regardless of the invoice and/or renewal date for the additional hosted domains;

4.5 Customers are required to maintain a valid credit/debit card and email address on their account at all times. Failure to do so may result in suspension of your account;

4.6 COBIMEX Studio will suspend access and/or cancel an account that: (i) contains invalid or fraudulent details; (ii) initiates a credit/debit card chargeback.

5. DURATION AND TERMINATION

5.1 The term of service for all Services billed annually is annual, and the term of service for all Services billed biannually is biennial;

5.2 The term of service for all monthly billed services is monthly;

5.3 In order to ensure continuity of service, COBIMEX Studio applies an automatic renewal policy on all the services it provides to customers. Upon expiration of your initial term, your services will automatically renew for the same period as your initial term, at which time COBIMEX Studio will charge the credit/debit card held in your account;

5.4 YOU AGREE THAT YOU, THE CLIENT, ARE SOLELY RESPONSIBLE FOR ENSURE THE RENEWAL AND/OR REGISTRATION OF YOUR SERVICES AND THAT Cobimex ASSUMES NO LIABILITY TO YOU OR ANY THIRD PARTIES IN CONNECTION WITH THE RENEWAL AND/OR REGISTRATION OF YOUR SERVICES. REGISTRATION OR ANY ATTEMPT TO RENEW AND/OR REGISTER THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERROR TO RENEW AND/OR REGISTER OR ATTEMPT TO RENEW AND/OR REGISTER THE SERVICES;

5.5 If Customers do not wish to renew a Product/Service, they will need to change the Auto-Renewal status of that Product/Service to Disabled prior to the Product Renewal date through Manage Renewals in their Account Control Panel.

5.6 COBIMEX Studio reserves the right to terminate a customer’s contract at any time. In such event, you will be entitled to a pro-rated refund based on the unexpired term of service, unless you have breached these Terms of Service, in which case you may not be entitled to a refund;

5.7 COBIMEX Studio shall have the right to terminate this Agreement immediately if the Client fails to pay in advance for any Service, when such payment becomes due to Cobimex;

5.8 Special offers are only available to new customers and cannot be ordered for existing customers through their account control panel. Special offers are limited to one per unique customer.

5.9 Either party may terminate this Agreement by giving written notice to the other party if the other party (i) is in material breach of this Agreement and fails to cure such breach within 30 days of receipt of ‘a written request to remedy such breach, such request establishing the breach and stating that failure to remedy the breach may result in termination of the contract, (ii) becomes the subject of a voluntary arrangement under part 1 of the Insolvency Act 1986, (iii) is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, (iv) has a receiver, liquidator or administrator appointed on all or part of its assets or income or (v) have ceased their activities.

6. CANCELLATION

6.1 Customers may not cancel their Service(s) during the Service Term, but may change auto-renewal to disabled for individual Products in accordance with Section 5.5;

6.2 Customers will not be permitted to cancel a Service if there are outstanding payments associated with that Service.

7. DISCLAIMER AND WARRANTIES

7.1 COBIMEX Studio does not back up your data/website and although every attempt is made in the unlikely event of corruption or hardware failure, COBIMEX Studio cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-delivery, mis-delivery and all service interruptions caused by COBIMEX Studio and its employees;

7.2 COBIMEX Studio does not warrant or represent that any service will be uninterrupted or error free. You accept all services provided hereunder “as is” without warranty of any kind;

7.3 All implied terms, warranties and conditions (whether express or implied by statute, common law, custom or otherwise), including but not limited to those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (if any)) are hereby excluded with respect to each of the services to be provided hereunder to the fullest extent permitted by law;

7.4 COBIMEX Studio is not responsible for services or products provided by a third party;

7.5 COBIMEX Studio shall not be liable for any loss or damage of any kind suffered by you arising out of or in connection with any breach of this Agreement by you or any act, misrepresentation, error or omission made by or on your part. name;

7.6 COBIMEX Studio shall not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill, howsoever caused, suffered by you or for any lost management time or failure to realize any anticipated savings or liability you incur to any third party arising in any way in connection with this Agreement or otherwise, whether or not such loss was discussed by the parties prior to contract or for any account of profit , costs or expenses resulting from such damage or loss;

7.7 Regardless of the number of claims and regardless of the basis of such claims, COBIMEX Studio’s maximum aggregate liability to you under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent such loss is not excluded by other provisions of this Agreement), whether such claim is in contract or tort shall not exceed an amount equal to twice the fees paid by you for the Services for which your claim arises at during the 12 month period preceding said claim;

7.8 None of the clauses herein apply to limit liability for death or personal injury resulting from the negligence of COBIMEX Studio, its employees or its subcontractors;

7.9 COBIMEX Studio shall not be liable for interruptions of services or failures resulting directly or indirectly from (i) interruptions in the flow of data to or from the Internet, (ii) modifications, updates or repairs to the network or software that it uses as a platform to provide the Services, (iii) the effects of the failure or interruption of services provided by third parties, (iv) factors beyond Cobimex’s reasonable control, (v) your actions or omissions (including, without limitation, breach of Your obligations set forth in the Agreement) or those of any third party, (vi) problems with Your equipment and/or the equipment of third parties, or (vii) interruptions to services requested by You.

8. INDEMNIFICATION

8.1 You agree to defend, indemnify, save and hold COBIMEX Studio, its officers, employees, agents, contractors and affiliates harmless from all demands, liabilities, losses, costs and claims, including the fees of reasonable attorneys asserted against COBIMEX Studio, its agents, customers, officers and employees, which may arise directly or indirectly from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns;

8.2 You agree to defend, indemnify and hold harmless COBIMEX Studio from any liability arising out of (i) any personal injury or material injury caused by any product sold or otherwise distributed in connection with a Cobimex server, (ii) any material provided by You violating or allegedly violating the proprietary rights of any third party, (iii) intellectual property right infringement, (iv) any defective product sold by you from a Cobimex server, and (v) any violation of the any of your obligations or warranties given by you in this agreement.

9. FORCE MAJEURE

9.1 Neither party shall be liable to the other party for anything which, apart from this provision, may constitute a breach of the agreement resulting from an event of force majeure, which means, in respect of the either party, circumstances beyond that party’s control, including acts of God, acts of any governmental or supranational authority, war or national emergency, riots, civil unrest, fire, network failure, systems failure, unauthorized use of or access to Cobimex’s or Customer’s computer systems, explosion, flood, epidemic, lockout (whether or not performed by such party ), strikes and other labor disputes (in each case, whether or not related to that party’s workforce),shipping or carrier restrictions or delays, inability or delay in obtaining adequate supplies or materials and monetary restrictions, to the extent beyond its reasonable control.

10. ENTIRE AGREEMENT

10.1 This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and is not based on any representation made by the other party, unless such representation is expressly included in the present;

10.2 Nothing in this clause relieves either party of liability for fraudulent misrepresentation and neither party shall be entitled to any remedy for any negligent or innocent misrepresentation except to the extent (if applicable) where a court or arbitrator may permit the remedy to be just and reasonable;

10.3 This Agreement supersedes all prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.

11. SEVERABILITY

11.1 In the event that any provision of this Agreement is unenforceable or invalid under any applicable law or is so held by an applicable court order, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole;

11.2 COBIMEX Studio will modify or replace such provision with one which is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of COBIMEX Studio as reflected in the original provision.

12. PRIVACY

12.1 Each party agrees not to disclose any Confidential Information received from the other party or to use such Confidential Information other than for the purposes of performing this Agreement, except that (i) each party may disclose Confidential Information received from the other to its responsible employees, consultants, contractors or suppliers who need to receive the information in connection with the performance of this Agreement, (ii) the confidentiality obligations set forth above do not apply to any information that is or subsequently becomes available to the general public other than by breach by the Receiving Party, or is already known to the Receiving Party prior to disclosure by the Disclosing Party or is developed through the Receiving Party’s independent efforts,or (iii) the receiving party rightfully receives from a third party without restriction of use.

13. WAIVER

13.1 The failure or delay of either party in exercising any right, power or remedy of that party under the Agreement shall in no way affect such right, power or remedy. , nor shall it operate as a waiver thereof;

13.2 The single or partial exercise by either party of any right, power or remedy under the Agreement shall in no way preclude any further exercise or exercise thereof or the exercise any other rights, powers or remedies.

13.3 Any waiver by either party of any breach or breach of the terms of the Agreement by the other party shall not be deemed a waiver of any subsequent breach or breach and shall not affect the others in any way terms of the agreement.

14. ASSIGNMENT

14.1 You shall not assign, sublicense or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of Cobimex. However, in the event that Cobimex consents to such assignment, sublicense or transfer, this Agreement shall survive for the benefit of the parties and their respective successors and permitted assigns and shall be binding on such parties;

14.2 Cobimex may sub-contract or assign all or part of its rights and obligations under this Agreement.

15. AMENDMENTS

15.1 This Agreement may only be amended or modified by You in a writing signed by You and an authorized representative of Cobimex.

16. NOTICE

16.1 You agree that any notice or communication that COBIMEX Studio requires or authorizes you to send to you under this Agreement will be deemed to have been given immediately if sent by e-mail or 24 hours after sending if it was sent by overnight courier in accordance with the contact. information you have provided.

17. APPLICABLE LAW

17.1 This Agreement, and your rights and obligations under this Agreement, are governed by the laws of Benin, under the exclusive jurisdiction of the courts of Benin.

18. EMAIL

18.1 You may not use COBIMEX Studio servers and email services for any of the following: (i) to send any unsolicited, offensive, abusive, indecent or obscene messages or communications; (ii) to send embarrassing, embarrassing or distressing messages to another Internet user or (iii) to send messages for the purpose of fraud and/or with the intent to commit a criminal offence;

18.2 To prevent mass unsolicited mail, SMTP traffic to and from a server will be blocked in the following scenarios: (i) where we identify a server that has an open mail relay; (ii) when a large volume of mail is sent from a domain within a 10 minute period or (iii) when we have received a large volume of complaints about unsolicited mail from a server hosted by Cobimex ;

18.3 To prevent COBIMEX Studio’s IP addresses from being blocked by IP address blocking, your server may be disabled when we have received significant volumes of complaints about unsolicited mail from a COBIMEX Studio server, or mail unsolicited electronic mail sent to promote sites hosted on a COBIMEX Studio server;

19. GENERAL

19.1 If COBIMEX Studio deactivates a server, we will: (i) provide follow-up correspondence during business hours from our abuse department, detailing the reasons for the suspension and the actions, if any, the administrator should take to rectify the situation; (ii) work with you to suggest a solution to the problem in question and arrange for the restoration of the Services as soon as possible once an agreement has been reached; (iii) not reactivate any server with a history of similar abuse; (iv) refer the account to the appropriate department to resolve outstanding issues such as account balance or closure;

19.2 If any action is taken against a Site or Server, you must contact the Abuse Department directly within office hours;

19.3 Restoration of any Services suspended during an Abuse Department investigation will be considered on a case-by-case basis;

19.4 COBIMEX Studio has a police liaison function and is committed to assisting and cooperating with all law enforcement agencies and government agencies to help reduce Internet crime.

20. REPORT AN ERROR

20.1 In order to process your report effectively, we need you to send as much information as possible and your email address and telephone number. Below are the details we will need from you when investigating internet misuse. Reports will not be reviewed until the details below are received. If any of the information below is missing from your report, please resend the information;

20.2 Reporting Port Scanning, Hacking Attempts and Firewall Activities: (i) where your report is based on information obtained from a firewall, please ensure to send the log corresponding unmodified firewall (or snippet). Please ensure that the log includes the time, date and time zone; (ii) You must also confirm that your PC clock is accurate and that you are using the correct time zone for your region; (iii) Screenshots or image files will not be accepted as evidence of system intrusion; (iv) If you see any other misuse of your own servers from a Cobimex IP address, please send us the following information: your URL, our web server log (showing IP address,

20.3 Reporting email/newsgroup misuse (including spam): (i) We need the full header and post content of the email/newsgroup. The header allows us to trace the path taken by an email/newsgroup from the computer it originated to the computer it was downloaded to;

20.4 Reporting virus activity: (i) If you have received or been infected with a virus, worm or Trojan horse, please note that COBIMEX Studio is unable to offer assistance in removing them. We recommend that you install anti-virus software and ensure that it is updated regularly; (ii) please include the following information in your complaint: the email header (if applicable) and email content; (iii) the attachment to the email sent to you (if any). The attachment may need to be placed in an archived file (.zip, .rar, etc.) for our email software to receive it. If you can’t attach virus, please send email and header only;

20.5 Report Webspace Abuse: (i) If you become aware of a server hosted by COBIMEX Studio that you believe violates our Terms of Service or Acceptable Use Policy, please send us a email with details; (ii) please submit the following information: the URL, time and date you noticed the infringement, full details of how you viewed the material, and a specific description of why you think the domain is in violation;

20.6 COBIMEX Studio actively reports any illegal activity taking place on our servers to the police. COBIMEX Studio also works with the Internet Watch Foundation to ensure that all child abuse images are removed from our service and reported as soon as we become aware of them, in accordance with current working practices.

21. REGISTRATION OF DOMAIN NAMES

21.1 By registering a domain name with us, you are entering into a registration agreement with Nominet, on the following terms at https://www.nominet.uk/go/terms. This is a separate contract from any agreement you may have with a third party for the provision of services. Please read the Nominet Terms before proceeding with your order;

21.2 By registering a domain other than a .uk domain, you are entering into a registration agreement with the relevant registry through our registrar OpenSRS, their terms and conditions are here https://opensrs.com/wp-content/uploads/Tucows_ExhibitA. html . Information about ICANN being the general authority for all other registries is available at this web page http://www.icann.org/en/registrars/registrant-rights-responsibility-en.htm

21.3 To use the COBIMEX Studio DNS, web transfer and email service (for domains without web hosting), the domain must be registered and managed through COBIMEX Studio or have been fully transferred and under our domain management.

21.4 For any domains you have registered for a third party, you must ensure that they are aware of the terms and conditions of the relevant registry.

7 DAY FREE TRIAL

i) The 7-day free trial, if applicable, applies to all three web hosting packages.

ii) Upon ordering, an invoice is generated for the full cost of hosting for a one year contract. If the invoice is not paid during the trial period, the hosting will be suspended, then canceled and deleted. If the invoice is paid, the trial will be converted into a full web hosting package with a one-year contract.

iii) If you do not wish to continue the trial after the initial 7-day period, auto-renewal must be disabled for the package. This can be changed in the Manage Renewals section of your Account Control Panel. The invoice will then be canceled and the trial period suspended and then deleted.

iv) If your account is linked to a registered card and auto-renewal is enabled, payment for accommodation will be automatically taken at the end of your trial period.

v) The trial period does not include the cost of domain registration, add-ons, upgrades or additional hosted domains added. Add-ons, upgrades, and additional hosted domains will be voided if trial is not continued with payment of invoice.

vi) Maximum of one 7-day free trial per available account.

vii) All other conditions apply to the trial offer.

HALF PRICE UPGRADE OFFER

i) The half price upgrade offer, if any, applies to all three web hosting packages.

ii) On the next renewal of your web hosting plan, you will be charged the full renewal price of the plan you upgraded.

iii) This offer is only available for web hosting packages of 15 days or more.

iv) Cobimex reserves the right to withdraw this offer at any time.

v) All other conditions apply to the half-price upgrade offer.

1 YEAR FREE HOSTING

i) The offer applies to all three web hosting packages (Home, Premium and Advanced) and reseller hosting.

ii) On the next renewal of your hosting package, you will be charged the full renewal price of the package you ordered.

iii) This offer is for new customers only.

iv) COBIMEX Studio reserves the right to withdraw this offer at any time.

v) Existing Cobimex hosted domains cannot be transferred to a free hosting account.

vi) All other conditions apply to the half-price upgrade offer.

DISCLAIMER

COBIMEX Studio makes no warranties, representations or commitments (express or implied):

– About all the content of these pages (including, without limitation, as to the accuracy, completeness, satisfactory quality or fitness for a particular purpose of such content or that the content of these pages is free errors)
– About any other website (or any content or goods or services offered through such website) accessible through or referenced on these pages, whether by means of a hyperlink or otherwise.

BENIN HOSTING SARL SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OF VALUE (or any content or good or service offered through such website) accessible through these pages or referenced in these pages, whether by means of a hypertext link or otherwise.

IN NO EVENT SHALL BENIN HOSTING SARL BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THESE PAGES OR ANY OTHER WEBSITE ACCESSED THROUGH THESE PAGES.

FAIR USE POLICIES

The content of these pages is the copyright of Cobimex Ltd. Reproduction or dissemination of any part of it is prohibited except as expressly permitted in this notice.

Content may be downloaded to a local hard drive and printed extracts from these pages for personal use only.

These extracts may be copied to others for their personal information only.

None of the content of these pages may be incorporated, reproduced or stored in any other website or otherwise in an electronic retrieval system or in any other work or publication, whether in hard copy, electronic, digital or any other form.

COOKIES

Some cookies on this site are essential and the site will not function as intended without them. These cookies are automatically set when you access a Benin Hosting Sarl website.

We also use non-essential cookies to anonymously track visitors or improve your site experience. By visiting any Benin Hosting Sarl website, you agree to the use of these cookies.

DISCLAIMER

Cobimex Ltd makes no warranties, representations or undertakings (express or implied):

– About all the content of these pages (including, without limitation, as to the accuracy, completeness, satisfactory quality or fitness for a particular purpose of such content or that the content of these pages is free errors)
– About any other website (or any content or goods or services offered through such website) accessible through or referenced on these pages, whether by means of a hyperlink or otherwise.

IN NO EVENT SHALL COBIMEX LTD BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM USE OF OR RELIANCE ON THESE PAGES OR ANY WEBSITES ACCESSED THROUGH THESE PAGES.

PRIVACY POLICY

Any personal information you provide to us through this site or by submitting emails and/or online forms will only be used to correspond with you in relation to your account/services. We do not store financial details about our customers (eg credit card numbers).

We do not transmit or sell personal information online to third parties. We may, however, share information within our organisation. Please note that by submitting your personal information to us, you expressly consent to the processing and transfer of that information in this manner.

We collect information about the relative popularity of each page, the average number of pages viewed by visitors, the number of emails sent or files downloaded, and the average time spent on the site. None of this information is linked to you as an individual.

From time to time, Benin Hosting Sarl may use your details to send marketing emails, if you do not want us to use your details in this way, please contact Benin Hosting Sarl to remove your details from the internal database.

If the information you have provided to us becomes inaccurate or out of date, or if you have any questions about this privacy statement, please contact us by email at [email protected]

If you are unhappy with the service you have received and have not been able to reach a resolution through our online ticketing system, you can lodge a formal complaint by writing to the relevant department at the following address, including your account information, and detailing the outstanding complaint.

Cobimex Limited
Flat 6, Richmond House
Bournemouth
BH5 2BN
United Kingdom

 We will acknowledge receipt of your complaint within three business days, investigate the issues raised and provide a full response within ten business days. When the issue is particularly complex, it may take longer to respond. If likely, we will provide you with information on the action that will be taken and let you know when you can expect a full response.

You can also file a formal complaint about a registrar with Nominet (the .uk registry) here: https://www.nominet.uk/complaints