ROCKETCDN – GENERAL TERMS AND CONDITIONS OF SALE
rocketcdn.me (hereinafter the “Website”) is a specialized catalog-based e-commerce website.
The Website is published and operated by WP MEDIA, a French simplified stock corporation (SAS) registered in the Trade and Companies Register of Lyon under the number 800 260 648, whose head office is located at 4 rue de la République – 69001 LYON – France.
- Agreement: the online order completed and sent by the Customer, setting out the items ordered, features, prices, bank or SEPA payment details where applicable and these General Terms and Conditions of Sale
- Customer(s): any individual or legal entity wishing to benefit from the services provided by WP MEDIA
- General Terms and Conditions of Sale or GTC: the present general terms and conditions of sale stating the terms and conditions under which WP MEDIA provides the Services to the Customer
- Parties: WP MEDIA and the Customer
- Personal Data: any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person
- Plugin: the RocketCDN plugin for the WORDPRESS content management system
- Service: Products and services provided by WP MEDIA to the Customer under the conditions defined in the present GTC
- Support: the support, assistance and/or maintenance services provided by WP MEDIA, including support, maintenance and upgrading services under the License, on the condition that such modifications or upgrades would not require rewriting of a substantial part of the existing Plugin
- Technical Requirements: the latest version of the list of hardware and system specifications recommended by WP MEDIA and appropriate for the use of the plugins, which the Customer must implement and maintain in compliance. The Customer shall be responsible for managing their use of WordPress and for upgrading their hardware and systems in accordance with changes made to the Technical Requirements
- Update: the improvements made to the existing standard application services accessible via the Service and decided upon unilaterally by WP MEDIA, in terms of feature upgrades and on the condition that such modifications or upgrades do not require rewriting of a substantial part of the existing standard application services. Updates include corrections to any anomalies in the Service. Updates are provided as part of the Support service.
2. Scope of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale set out the technical, legal and financial terms and conditions subject to which WP MEDIA SAS provides its Customers with a Plugin to the WORDPRESS Content Management System via its website at https://rocketcdn.me/.
3. Acceptance and enforceability of the General Terms and Conditions
The Customer represents that it has read, understood and accepted these GTC.
The Customer represents that it has the capacity to contract and that it holds the necessary authorization and delegations to do so.
The Customer is regularly reminded of the application of the present GTC at the bottom of each page of each order form. GTC are enforceable towards every Customer.
Accordingly, any order placed via rocketcdn.me implies the Customer’s unconditional acceptance of the GTC.
WP MEDIA recommends that the Customer saves a copy of and/or prints out these GTC. WP MEDIA may also send a copy of these GTC to any person who requests them.
WP MEDIA reserves the right to modify these GTC at any time. If possible, WP MEDIA shall notify any changes via an announcement on rocketcdn.me. However, it is recommended for the Customer to consult from time to time the GTC and at least before placing any new order.
Users may download or consult the updated GTC by following the link: https://rocketcdn.me/terms
Acceptance of these modified GTC is completed for each update and each new order according to the present article.
The use of the Plugin after the effective date of publication of such modified GTC shall imply their acceptance. The updated GTC shall come into force as soon as they are published, unless it is specified that their effectiveness is delayed until a later date, in which case the GTC will apply starting on the mentioned date.
The applicable version to a given order shall be the version applicable on the date on which payment is confirmed.
Unless stated otherwise, the updated GTC shall cancel and supersede all interactions that occurred between the Parties prior to the order.
Any derogation to these GTC shall only be enforceable against WP MEDIA if they have been duly accepted and formalized in a written document signed by WP MEDIA.
4.1 Creating a Customer’s account requires a login and password
To place an order, the Customer may create a personal Customer account by following the instructions on the Website.
The Customer can then access their Customer account by using their personal login and password chosen when creating the account.
The Customer is solely responsible for any use that may be made of their login and password. The Customer is solely liable for keeping their login and password confidential. Accordingly, WP MEDIA shall in no circumstances be held liable for any loss or damage arising from the use by an unauthorized third party.
4.2 Placing an order
To place an order, the Customer must follow the steps described below:
- Go to the Website or in your WP Rocket administrator panel if already registered ;
- Follow the instructions on the Website and connect with a login and password if already registered;
- Select the required Product;
- Check the order summary and correct any errors;
- Enter the promotional code, if any;
- Enter an email address and a billing address,
- Select the required payment method and enter the payment information;
- Accept these General Terms and Conditions;
- Confirm the order and the total price including VAT;
- Complete the payment procedure.
WP MEDIA reserves the right to cancel the order in the event of error or omission in entering the required fields.
4.3 Order confirmation
The Customer receives an order confirmation by email including a summary of the order. The order is not firm and final until WP MEDIA sends this email confirmation. WP MEDIA recommends to the Customer to save a copy of or print out the email confirmation of the order.
5. Products and Services
5.1 Product and Service Factsheets
A description of each product offered on the Website is accessible on the said Website. This description sets out the essential characteristics of the Product in accordance with Article L111-1 of the French Consumer Code.
5.2 Specific features of Products and Services
5.2.1 License for use of the Plugin
The product provided by WP MEDIA is a license for use of the RocketCDN Plugin, for the duration of the subscription.
5.2.2 Support and update Service
The granting of a RocketCDN Plugin license comes with a Support and update Service effective from the order date and for the duration of the subscription.
The IT Support Service applies only to the use of the License it is granted with.
Updates are installed on WP MEDIA’s recommendation. WP MEDIA is not responsible for the actual installation of updates on the Customer’s hardware or for any technical consequences arising from installation that is due to compatibility or any reason outside of WP MEDIA’s control.
6. Receipt of Products – Non-receipt – Complaints
6.1 Receipt of Products and Services
Receipt of Products and Services is complete once the Customer activates the download link.
If the Customer fails to receive RocketCDN License’s activation key, it must inform WP MEDIA immediately.
WP MEDIA will then cancel the code that has been transferred. A new activation code will be generated and sent by email to the Customer.
The Customer is asked to provide a valid email address in order to receive the Plugin activation key.
Before filling any claim, the Customer must check his/her Spam folder in order to check for the key delivery email.
In the event the delivery email has not been received, the Customer is invited to contact WP MEDIA at the following address: email@example.com with his/her order number as mentioned in the confirmation email.
7. Customer’s cooperation and obligations
The Customer shall ensure that his/her IT hardware and equipment have the necessary technical requirements to use the Product. The Customer shall install the updates recommended by WP MEDIA for the use of the RocketCDN Plugin.
The Customer shall provide all the elements and information necessary or useful for the purpose of improving the Plugin, especially by submitting a support ticket whenever a malfunction is identified in the Plugin.
The Customer agrees to cooperate with WP MEDIA for the provision of the Support Services. In this respect, the Customer undertakes either to communicate to WP MEDIA his/her identifiers or access code to the Content Management System WORDPRESS, or to follow the procedures recommended by WP MEDIA in order to remedy the malfunctions noted by the Customer.
8. WP MEDIA’s obligations
WP MEDIA provides its Services on a best-efforts obligation.
WP MEDIA undertakes to use its best efforts to ensure the proper delivery of the RocketCDN Plugin license.
WP MEDIA agrees to exercise all the necessary care and diligence to provide a quality IT Support Service in accordance with the industry practice and the current state of science and technology.
WP MEDIA undertakes to do its best to ensure the ongoing availability, continuity and quality of the services provided for by the Agreement.
The Customer hereby acknowledges that fluctuations in bandwidth and contingencies related to Internet service providers and domain name registrars may interrupt access to the service offered by the Plugin, beyond WP MEDIA’s control.
9. Pricing and payment
The price and technical specifications of the Products and Services offered by WP MEDIA are available on the Website www.rocketcdn.me.
The Products and Services ordered will be invoiced on a monthly or annual basis, based on the Customer’s choice.
The prices are indicated in US Dollars (USD) excluding taxes.
The amount of taxes (VAT) is indicated when the Customer proceeds to payment.
The prices communicated to the Customer are those applicable at the date of payment of a Product or Service.
WP MEDIA shall have the right to review its prices, as well as the currency, at any time, without these changes having any impact on the ongoing Agreement.
9.1.2 Promotional code
The Customer may use a promotional code prior to payment, when the order is placed.
NB: only one promotional code is allowed per order.
Products retain full property of WP MEDIA’s Products and Services until full payment is received.
Payment is due and payable upon placement of an order, whether it is annual or monthly.
Customers may pay by Visa, MasterCard or American Express credit card, with Stripe payment solution (https://stripe.com/).
For payment purposes, the Customer represents that he/she is the holder of the credit/debit card to be debited and that the name shown on the card is her/his own name. The Customer shall provide the card number and expiry date and, if required, the card security code (CSC).
Payment shall only be debited or collected upon WP MEDIA’s delivery of the Product’s activation key.
The Customer agrees to receive only digital invoices.
The Customer has a maximum of 24 hours following the subscription to request cancellation and refund of the said subscription
After this 24-hour period, the Customer can unsubscribe at any time but he/she will be charged for the monthly fee of the considering month or the yearly fee if he/she bought a yearly plan.
Thus, if the Customer cancels the RocketCDN subscription after the billing month has already started, he/she will be charged for the full month. Same if the Customer cancels the RocketCDN yearly subscription once it has started, he/she will still be charged for the full year.
The subscription’s cancellation by the Customer is permanent.
The Customer will therefore have to re-register to RocketCDN if he/she wants to use the Plugin again.
11. Term and Termination
The subscription term is as stated in the order form.
If either Party breaches any of its contractual obligations, the other Party may terminate the contract, without incurring any liability as a result, fifteen (15) business days after serving formal notice by registered mail, to which no response has been provided although the breach could have been rectified.
12. Warranty – Warranty disclaimer
Where the Customer is a consumer, he or she shall benefit from the statutory warranty regarding latent defects provided for by Articles 1641 and seq. of the French Civil Code, accessible at the following link: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000044142575/2021-11-24
Pursuant to Article L217-5 of the French Consumer Code, the provisions of Articles 1641 and 1648 of the French Civil Code are set out below:
The seller shall deliver a product that conforms to the agreement and shall be liable for non-conformities existing upon delivery.
The seller shall also be liable for non-conformities resulting from packaging, assembly instructions or installation, where the agreement provides that the seller is responsible for installation or where installation has been carried out under the seller’s responsibility.
The product conforms to the agreement:
- If it is suited to the use normally expected of a similar product and, where applicable:
- if it corresponds to the description provided by the seller and has the properties presented by the seller to the buyer in the form of a sample or model;
- if it has the properties that a buyer can reasonably expect in light of public statements made by the seller, producer or its representative, including within the framework of advertising or labeling;
- Or if it conforms to specifications defined by agreement between the parties or is suited to any specific use required by the buyer, notified to the seller and accepted by the seller.
Legal action arising from non-conformities is time-barred two years following delivery of the product.
The seller is liable under the warranty for latent defects in the item sold that render it unsuited to its intended use, or that hinder such use to such an extent that the buyer would not have purchased the item or would have paid a lower price if the buyer had been aware of such defects.
Legal action arising from latent defects must be initiated by the buyer within two years following identification of the defect.
12.1 Claims under the warranty
The warranty provided by WP MEDIA is limited to refunding non-conforming Products or Products containing a latent defect.
In order to file a claim, the Customer must report the existence of a defect or non-conformity within 24 (twenty-four) hours of making the purchase.
12.2 Warranty disclaimer
The Customer is solely liable for the choice, storage and use of the Products.
No claim may be made under the warranty in the event of misuse.
WP MEDIA warrants an overall best-efforts obligation vis-à-vis the Customer, whereby it agrees to use its best efforts in performing the Service provided for herein.
The maximum aggregate liability of WP MEDIA towards the Customer for all events (or series of connected events) arising in any twelve-month period and related to the use of the Plug-in shall not exceed the annual subscription fees paid for the Plug-in directly causing the damage for that twelve-month period.
Any “twelve-month period” means a period of 365 (three hundred sixty-five) calendar days following the order.
WP MEDIA shall not be held liable for repairing any damage arising from the use of the Internet such as data loss, intrusion, virus, service breakdown and any other incidents unrelated to the subject matter of the Service.
WP MEDIA shall not be held liable for any incidental damage, including financial loss, in particular loss of profits, unless such damage results from negligence or willful misconduct.
WP MEDIA shall not be held liable for malfunctions identified by the Customer during the use of the Plugin license, if the Customer has not properly carried out the updates and/or performed the operations recommended by WP MEDIA following the identification of a malfunction by the Customer during the performance of the contract.
WP MEDIA shall not be held liable for business interruption caused by the performance of its Support and update Service, unless such damage results from negligence or willful misconduct on the part of WP MEDIA.
14. Force majeure
Events of force majeure, as defined in Article 1218 of the Civil Code and interpreted by the French courts, suspend the contractual obligations of the Parties.
It is expressly agreed between the Parties that the following are also considered as force majeure events and unforeseen circumstances, making it impossible for the Parties to execute the contract :
total or partial strikes, whether internal or external to the company, lock-outs, bad weather conditions, interruption of transport facilities or supply chain for any reason whatsoever, earthquakes and seismic waves, fire, storms, floods, water damages, statutory legal or governmental restrictions, statutory legal or regulatory changes in forms of marketing, computer breakdowns, interruption of telecommunications services including cable or mobile (GSM, GPRS, 3G, 4G, etc.) telephone networks or any other event outside the express will of the Parties preventing the performance of the present contract under normal and/or reasonable conditions.
However, in order to be able to invoke this provision, the Party who is prevented from executing its obligations must inform the other Party as soon as possible, specifying the circumstances and the foreseeable duration of the event, and keep it regularly informed of the progress of the situation.
If the force majeure event or unforeseeable circumstance lasts for more than three (3) months and unless the Parties agree otherwise, these GTC shall be terminated automatically, without the need to seek a court ruling, serve formal notice or provide prior notice.
In such event, the Parties shall not be held liable for the total or partial non-performance of their obligations hereunder.
Any provision of this GTC prohibited by, or unlawful or unenforceable under any applicable law, enforced by any court of competent jurisdiction shall, to the extent required by such law, be severed from the GTC and rendered ineffective in so far as is possible without modifying the remaining provisions.
The invalidity in whole or in part of any provisions of the GTC shall not void or affect the validity of any other provision herein.
In such an event, the Parties may agree to replace or amend the invalid provision(s).
16. Probative documents
The online entering of a credit/debit card number and confirmation of the order by the Customer shall constitute proof of the order and shall render the corresponding payment due and payable.
The following may also constitute legal proof of communications: the order, the Customer’s payment and all documents generated from records of purchase orders and invoices in WP MEDIA’s computer systems.
17. Personal Data
WP MEDIA undertakes to protect the Customer’s Personal Data in accordance with the applicable regulations and in particular the (EU) Regulation No.2016/679 of April 27, 2016 called “General Data Protection Regulation” or “GDPR” and in accordance with the French Data Protection and Freedom of Information Law n°78-17 of January 6, 1978 called new “Loi Informatique et Libertés”.
When collecting the Customer’s Personal Data, WP MEDIA implements processing operations for which the company is qualified as “controller”, within the meaning of the aforementioned texts.
Personal Data collected via the Website is hosted by OVH, 2 Rue Kellermann, 59100 Roubaix, France.
17.1 Purpose of processing
Personal data is processed by WP MEDIA (or the Website) for the following purposes:
- access to Products and Services ;
- prepare the invoices;
- sending newsletters (if applicable) ;
- monitoring and analyzing Website traffic and for statistical purposes
- improving marketing and promotion initiatives, as well as Website content and offers;
- Receipt of customized offers.
The Personal Data will be stored for three (3) years after the end of the commercial relationship.
17.2 Technical and organizational measures
WP MEDIA shall take all useful precautions and implement all appropriate organizational and technical measures to maintain the security, integrity and confidentiality of Personal Data and, in particular, to prevent such data from being altered, damaged or accessed by unauthorized third parties.
17.3 Data transfer
Pursuant to applicable regulations, Personal Data may be provided to the relevant authorities on request, including government bodies, solely in order to comply with legal obligations, court officers, ministerial officials and debt collection agencies.
Apart from the above-mentioned exceptions, WP MEDIA undertakes not to sell or transfer Personal Data that has been collected to third parties.
17.4 Rights of the data subject
The data subject has the right to obtain from WP MEDIA without undue delay the access, the rectification, the erasure, and the portability of his/her Personal Data.
The data subject has the right to object and to restrict at any time to processing of Personal Data concerning him or her.
The data subject, as a Customer, also has the right to oppose the processing of his/her Personal Data, as well as the right to oppose the use of such data for the purposes of sales prospecting.
This assurance does not apply to processing for statistical purposes where the data is processed globally and anonymously.
SAS WP MEDIA
4 rue de la République
A “cookie” is a small data file sent to your browser by a web server and stored on the hard disk of your computer. They will not damage your computer.
These cookies do not store any information allowing you to identify the Customer personally.
Pursuant to the applicable regulations on the protection of Personal Data, the information may be stored for a period of up to six (6) months.
The Customer may, at any time, oppose the registration of cookies and disable them in its web browser settings.
The Customer may exercise this right by contacting WP MEDIA at the following address: firstname.lastname@example.org
19. Intellectual property
The Website, its general structure and all its contents are protected by intellectual property rights and belong to WP MEDIA or to third parties having authorized WP MEDIA to exploit them.
The Customer agrees not to copy, reproduce, download and/or exploit the Website or one or more of its contents, totally or partially, in any form and by any means whatsoever, without the prior written consent of WP MEDIA.
Any full or partial copy, reproduction or download of Website content is liable to constitute an infringement.
The Plugin is also protected by intellectual property rights and belongs to WP MEDIA and STACKPATH or to third parties having authorized WP MEDIA to exploit them.
The Customer agrees not to copy, modify, assemble, decompile, alter, sell, rent, lend, broadcast, distribute or transfer the Plugin and/or one or more of its contents, nor authorize a third-party to commit such acts or allow him to do so, without the prior written consent of WP MEDIA.
WP MEDIA’s granting of a User License on the Product shall not entail any transfer of intellectual property rights.
Any Product for which a License is granted remains the property of WP MEDIA.
Accordingly, pursuant to the Agreement, the Customer only acquires from WP MEDIA a non-exclusive, non-transferable personal right to use the Products featured in the online order.
In accordance with the French Consumer Code, in the event of a dispute, the Customer may use the Médicys mediation service (www.medicys.fr), free of charge.
Address : 73 Boulevard de Clichy, 75009, Paris.
The Customer is entitled to appoint a mediator of their choice from the Médicys list which includes over 80 professionals based all over France: https://www.medicys.fr/index.php/nos-mediateurs/
Pursuant to Article L616-2 of the French Consumer Code, WP MEDIA hereby notifies the Customer of the existence of the online platform set up by the European Commission. The purpose of this platform is to collect any complaint arising from European consumers’ online purchases and to forward these complaints to the relevant national dispute resolution bodies. The platform is accessible at following link : https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
21. Governing law and jurisdiction
Any question relating to the application of these GTC as well as interpretation, will be subjected to the French law.
Any dispute relating to the conclusion, interpretation, execution or breach of contracts concluded between a commercial Customer and WP MEDIA, as well as any dispute regarding either Party’s liability in tort will be under the exclusive jurisdiction of the courts of Lyon.
Any dispute relating to the conclusion, interpretation, execution or breach of contracts concluded between a non-commercial Customer and WP MEDIA, as well as any dispute regarding either Party’s liability in tort will be subject