§ 1. Scope

JCS s.àr.l. provides services based on these terms and conditions. Object of these terms are all offers and future services even if not explicitly agreed. Any agreement or usage of services presume acceptance of terms and conditions by the customer.

§ 2. Obligations

JCS s.àr.l. can provide services using professional employees or third parties if not stated differently by written statement with the customer.

Support will be provided via email or phone call. JCS s.àr.l. does not provide support to customers of the customer if not stated differently by written statement.

§ 3. Contract activation

Contract will start when services are available or when credentials have been sent to the customer. Every contract is supposed to be a yearly contract if not stated differently by written statement.

Contract can be cancelled any time without specifying a reason within 30 days and this before end of the month, if not stated differently by written statement.

§ 4. Invoices and Payments

Invoices will be sent to the customer’s specified email. The customers commitment is to pay the amount according to payment terms specified on the invoice. JCS s.àr.l. has the right to lock the site until receipt of the amount or to cancel the contract without notice.

If not specified differently, services and loans may be bound to the rules of the “Index increase” (921,4 – 1 April 2023)

§ 5. Customer data

The customer agrees to specify correctly all necessary and complete information’s.

The Luxembourg law of 2nd august 2002 and the regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) governs JCS s.àr.l. processing of personal identifying information for the protection of persons in the context of treating personal data. (see Privacy Policy)

§ 6. Termination

Contract can be cancelled 30 days before the end of the minimum term (12 months). Contracts are automatically extended on receipt of the payment of the invoice.

Termination of a contract will end in deletion of all data stored on the webservers except data (invoices) which must be kept according to the laws of commercial activity (book-keeping…)

§ 7. Liability and claims

At JCS s.àr.l., one of the top priorities is to guarantee the fulfilment of the services, but JCS s.àr.l. cannot guarantee that sites are continuously available over the internet and transfers of data could be done without delay.

JCS s.àr.l. will also not guarantee that the provided services will help to fulfil the commercial targets or others of the customer.

JCS s.àr.l. assumes no liability for the abusive usage of the communication infrastructure thru third parties or interventions of third parties (Virus, unauthorized modification and sending of e-mails…) JCS s.àr.l. also assumes no liability for damages incurred by the customer or its customers due to loss of data or the impossibility to access the Internet or to send or receive information. JCS s.àr.l. is also not liable for lost profits and indirect damages.
JCS s.àr.l. does not guarantee that the servers are suitable or permanently available for a particular service or software. We cannot assume any liability for disruptions within the internet. We assume no liability for damages or consequential damages caused directly or indirectly by the server / webspace. Liability and claims for damages are limited to the amount of the order value.

JCS s.àr.l. assumes no liability for business interruptions that serve the purpose of troubleshooting, maintenance, the introduction of new technologies or similar purposes.

JCS s.àr.l. is not liable for emails sent via the JCs s.àr.l. mail server. However, the email account may be temporarily suspended or deleted upon notice for violations of the Terms of Use. The sending of mass emails and unwanted mails or newsletters is prohibited.

JCS s.àr.l. cannot be held liable for the content of the websites of the contractual partners. If the content of the pages violates applicable law, is negative to third parties or arouses public outrage (pornography, etc.), the website may be temporarily blocked or deleted upon notice.

JCS s.àr.l. is not liable for the information transmitted via its services, neither for their completeness, accuracy or timeliness, nor for the fact that they are free from third-party rights or that the broadcaster acts unlawfully by transmitting information.
JCS s.àr.l. assumes no liability and warranty for the function or malfunction and its consequences when providing or installing open source scripts (such as Joomla CMS, ZenCart, etc.). If such an installation shows security-related defects even if it was included in an offer, JCS s.àr.l. is entitled to block further execution of the affected scripts until a secure function is ensured again.

The customer undertakes to indemnify JCS s.àr.l. in the internal relationship from any claims of third parties based on unlawful acts of the customer or errors in the content of the information provided by the latter. This applies in particular to copyright, data protection and competition law infringements. The customer shall reimburse JCS s.àr.l. for all damages resulting from a breach of the above provisions, insofar as he is responsible for this. JCS s.àr.l. shall not be liable for any disruptions or breakdowns caused by hacker attacks (eg DDos attacks), power failures or force majeure.

§ 8. Obligations of the customer

The customer assures JCS s.àr.l. not to use the server for the storage or distribution of obscene, pornographic, inflammatory, threatening or defamatory materials. Offer will enforce the rights of third parties. The customer is entirely responsible for the content of the site.

The customer undertakes to comply with the applicable statutory provisions.
The customer may not send any advertising circulars or mass emails (e-mails) via e-mail addresses of his domain. In the event of a violation the e-mail account can be blocked temporarily or slowly.

The customer is required to back up their data at regular intervals in order to secure their data. The provider does not care for data loss.

The customer releases JCS s.àr.l. from any problems of transmitted data. As soon as data is transferred to the server, the customer makes backup copies.

§ 9. Webhosting

JCS s.àr.l. provides the customer storage space on a server connected to the Internet. The package also includes maintenance and support services. The server locations is inside the E.U. depending on availability and chosen hosting or server package.
The publication of prohibited (such as: pornographic, inflammatory, offensive, etc.) content on the websites, as well as the violation of license and copyright rights is prohibited.
If the customer violates any of the applicable rights of use (such as those mentioned above), JCS s.àr.l. has the right to delete the customer’s account without prior notice.
The sending of spam mails is prohibited. This includes, in particular, the sending of unauthorized, unsolicited advertising to third parties.
JCS s.àr.l. is entitled to block applications that disrupt or endanger the operation of the server (for example, when using above-average computing power or an above-average amount of RAM) or if server-side default configurations are bypassed without permission. The customer has the obligation to operate his scripts with the latest versions. After becoming aware of security gaps, these are to be closed immediately. Infected or compromised (hacked) websites are removed from the server as they could be a risk to our and external web servers as well as risks to the visitors of your infected website. If our services are used commercially, the applicable statutory provisions must be observed.

Deliverability of emails to external providers
Due to various anti-spam systems such as Hotmail, Gmail, Yahoo, etc., it is possible that a provider blocks your emails when they have been reported by abusive complaint of a user or one of your emails was marked as unwanted (spam). For this reason, we have no influence on the deliverability of emails to these providers. Sending mass mail (bulk mail) or unchecked redirects to these providers is prohibited.

§ 10. Domain Registration

When applying for, registering or maintaining domains, JCS s.àr.l. acts only as an intermediary in the relationship between the customer and the respective organization for domain assignment. JCS s.àr.l. has no influence on the domain allocation. JCS s.àr.l. does not guarantee that the domains requested for the customer will be assigned or assigned domains will be free of third party rights or permanent.
The customer guarantees that the domain requested by him does not violate the rights of third parties. JCS s.àr.l. (and their employees) are freed from claims of third parties as well as all expenses, which are based on the improper use of a domain by the customer.
The domains are registered and managed by different organizations. For each Top Level Domain different conditions apply. Domains are subject to Domain Policies, Domain Terms, Terms and Conditions and the price list of the applicable registries. For the registration of some domains a verified email address is required (no free email).

The data for the registration of domains is forwarded to the respective contracting authorities in an automated process. Domain has been allocated when desired internet service could be provided. A guarantee for the allocation of ordered domains cannot be given.
The customer is responsible for the fact that his domain(s) and its contents do not violate legal regulations or rights of third parties. JCS s.àr.l. points out that, if necessary, other national legal systems must be observed, especially for international domains.
The customer undertakes not to offer any domains or content for retrieval that violate applicable laws and extremist (especially right-wing extremist) nature or include pornographic offers. This also applies if such contents are made accessible by hyperlinks or other connections that the customer places on the side of third parties.
Domain registrations can also be carried out by the customer directly at our partner companies. Here, the domain registration is completed via the respective provider.
Domain registration takes place only after receipt of payment by the customer, in the case of domain renewals payment for hosting packages or domains must be received by us no later than 24 hours before expiry of the payment period.
If the customer terminates the contract before the conclusion of the RegPhase (registration), the customer has to reimburse the registration costs according to the valid price list for one year.
Free (Inclusive) domains are only valid in connection with the associated Hosting Package and only as long as this exists. Unused inclusive domains cannot be deducted from the package price or converted into credit.
The domain names registered by us are also subject to the regulations of the respective countries and of the registrar which must be accepted by the customer.

§ 11. Data protection

JCS s.àr.l. points out that personal data is stored in the framework of the contract execution and commits itself to the observance of the data protection regulations according to the EU guidelines for data protection. The customer accepts our Privacy Policy by using our services.

§ 12. Final terms

All statements made by the provider can be addressed electronically to the customer. This also applies to settlements within the framework of the contractual relationship.
Should a provision of this contract be or become ineffective or should the contract contain a gap that needs to be filled, this shall not affect the validity of the remaining provisions.

Jurisdiction is Luxemburg.