2. PURPOSE OF THE AGREEMENT

 

2.1. This Agreement defines the terms and conditions of the use of the results of the intellectual activity, including the elements of the content of the Site, the responsibility of the parties and other peculiarities of the operation of the Site as well as the relations between the users of the Site and the Rightholder and the conditions of the provision of services to the User by the Rightholder. The Agreement also contains the terms of the privacy policy with regard to the User’s personal data.

2.2. The Rights Holder guarantees that he is the holder of the exclusive rights of the Site.

3. CONSENT TO THE TERMS OF THE AGREEMENT

 

3.1. Acceptance (actions taken for the acceptance of the offer) is made by the User by clicking on the button “I have read the General Conditions of Use and I accept them”.

3.2. By his actions carried out for the acceptance of the offer mentioned in paragraph 3.1 of the Agreement the User guarantees that he has read, approves it and accepts fully and unconditionally all the clauses of the Agreement by committing to comply with them.

3.3. Acceptance is equivalent to the conclusion and signature of the Agreement under the conditions specified in this Agreement.

3.4. The offer comes into force from the moment of its Internet networking at the following address: www.malinpro.com and remains valid until the moment of its withdrawal.

3.5. This Agreement is posted in written form on the Site. If necessary, any person will have at his request the opportunity to familiarize himself with the paper version of the Agreement in the office of the Rightholder.

3.6. The Agreement can only be accepted in full. After the adoption by the User of the terms of this Agreement, the latter will acquire the legal force of a contract concluded between the Rightholder and the User but with this, such a contract as a paper document signed by the parties will not be drafted.

3.7. The Rightholder reserves the right to make changes to this Agreement without notice and therefore the User undertakes to regularly monitor changes to the Agreement. The new version of the Agreement shall enter into force from the moment it is placed on the page concerned unless otherwise provided for by a new wording of the Agreement. The current version of the Agreement still remains on this page at the following address: www.malinpro.com.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

 

4.1. The Rightholder undertakes to:

4.1.1. Eliminate by its own means and on its own account within 10 consecutive days from the date of receipt of the notice concerned from the User in written form the disadvantages of the Site revealed by the User and in particular:

– the non-conformity of the content of the Site with the data specified in paragraph 2.1;

– the presence on the Site of documents whose distribution is prohibited by law.

4.1.2. Refrain from any action that may prevent the User from exercising the right to use the Site granted to him within the limits stipulated by the Agreement.

4.1.3. Provide information relating to the work on the Site by e-mail, forum, blog.

4.1.4. Use all personal data and other confidential data about the User only for the purpose of providing services under the Agreement, not to transfer to third parties the documents and information about the User at his disposal.

4.1.5. Ensure the confidentiality of the information entered by the User when using the Site via the User’s personal account.

4.1.6. Give consultations to the User on all problems concerning the Site. The complexity of the problem, its scope and the time frame for organizing the consultation will be determined in each specific case by the Rightholder independently.

4.2. The User undertakes to:

4.2.1. Use the site only within the limits of its rights and in the manner indicated in paragraph 2.1. of the Agreement.

4.2.2. Strictly comply with and not violate the terms of the Agreement.

4.2.3. Refrain from copying in any form, modifying, supplementing and distributing the Site, the Content of the Site (or all its part) as well as creating derivative objects on its basis without the prior written authorization of the Rightholder.

4.2.4. Do not use any device or computer program to intervene or attempt to intervene in the normal operation of the Site.

4.2.5. Immediately inform the Rightholder of all facts known by him of illegal use of the Site by third parties.

4.2.6. Use the Site without violating the economic and/or extra-patrimonial rights of third parties as well as prohibitions and restrictions imposed by applicable law, including legislation on intellectual activity and means of individualization.

4.2.7. Do not use the Site to distribute promotional materials.

4.2.8.Ne not use the Site for e-mailing purposes using a plugin that would send the emails via the CMS. Possibly if the installed plugin uses an SMTP account and if the number of emails sent does not exceed 5000 addresses and occasionally, we allow the User to use this type of plugin.

4.2.9. Perform other obligations under the Agreement.

4.3. The Rightholder has the right to:

4.3.1. Suspend or terminate the User’s registration and access to the Site if the Rightholder finds that the User is not complying with the terms of the Agreement.

4.3.2. Collect information about the preferences of users and methods of use by them of the Site (the most used functions, settings, settings, preferred time and duration of work on the Site etc.) that are not personal data in order to improve the operation of the Site, its diagnosis and the prevention of its failures.

4.3.3. Remove User Content at the request of authorized bodies or interested persons in the event that such content violates current legislation.

4.3.4. Temporarily suspend the operation of the Site and partially restrict or terminate access to the Site until the completion of the necessary technical maintenance and/or modernization of the Site. The User has no right to claim damages for such a temporary suspension of services or for a restriction of the availability of the Site.

4.4. The User has the right to:

4.4.1. Use the Site within the limits and with the means specified in the Agreement.

5. TERMS AND PROCEDURE OF USE OF THE SITE

 

5.1. Subject to the User’s compliance with this Agreement, the User obtains an ordinary (non-exclusive) license to use the Site through the personal computer, mobile phone or any other device in accordance with the extent and procedure set out in the Agreement.

5.2. In accordance with the terms of the Agreement, the Rightholder grants the User the right to use the Site as follows:

5.2.1. Use the Site to view, study and carry out other functionalities of the Site by displaying on the monitor (screen) the appropriate technical means of the User.

5.2.2. Enter short-term information into the computer’s memory for the purpose of using the Site and its features.

5.2.3. Cite the elements of the content of the Site by indicating the source of citation, including a link to the URL address of the Site.

5.3. The User does not have the right to take the following measures when using the Site and its components:

5.3.1. Modify or rework the site in any other way, including making translations into other languages.

5.3.2. Copy, distribute or process the documents and information contained on the Site except in cases where this is necessary and caused by the implementation of the functionality available to a specific user.

5.3.3. Violate the integrity of the protection system or carry out any action aimed at circumventing, removing or inactivating the technical means of protection, using programming codes intended for the alteration, elimination, deterioration or violation of the integrity of the Site.

5.4. All rights not expressly granted to the User in accordance with this Agreement will be reserved to the Rightholder.

6. PROVISION OF SERVICES

 

6.1. MalinPro offers the following services directly on its Site:

> Hosting with subscription management;

> Services for the implementation of the technical support of the Site;

> Webmaster giving the possibility to manage subscriptions;

Technical descriptions of all the services offered are available on the Site.

 

Prices are quoted in € and $HK.

6.2. Hosting with subscription management.

6.2.1. We offer different types of accommodation: https://www.malinpro.com/categorie-produit/hebergement/

6.2.2. The hosting of the Website includes services related to the assurance of security and the installation of systems from our servers. We guarantee the security of the Sites and their impeccable functioning. We guarantee for WordPress sites the updating of the graphic theme, plugins and WordPress.

6.2.3. The conditions for the provision of the service “Accommodation accompanied by subscription management” are as follows:

a) Depending on the package chosen, payment is made annually or monthly.

b) We have servers in France and Germany for outsourced backups. All sites are hosted in France.

c) Depending on the hosting package, backups are made daily, weekly, or monthly. Backups are kept for 3 months. d) We can offer you an optional time save.

e) Each hosting package must be paid at the beginning of the subscription. The start date of the subscription is the day of activation of the package chosen from those mentioned above. However, depending on the technical reasons, for example, the time required to acquire a domain, the subscription may be paid after the removal of said technical reasons at the latest within 48 hours from the day of submission of the order.

f) The acquisition of the domain name will be supported by the customer apart from our “Minimum PRO” and “Performance” packages where in this case MalinPro undertakes to ensure the purchase and manage the domain for the customer.

g) The User undertakes to be up to date with the licenses of the theme and plugins, in order to allow Malinpro to update the theme, plugins and WordPress.

g-1) If any of the licenses are not up to date, Malinpro will regularly notify the User so that he can purchase the corresponding license.

g-2) If Malinpro considers that the site may be vulnerable because the User has taken too long to purchase a license, Malinpro reserves the right to put the site under maintenance and quarantine until the User purchases the license.

g-3) Malinpro will not put the dedicated server where the User’s site is located vulnerable, which is no longer up-to-date, with a significant risk of probable contamination of other sites present on the same server.

6.3. Technical support services for the Sites created:

6.3.1. We offer types of services but this list is not limited: https://www.malinpro.com/categorie-produit/assistance/

If we offer you additional services, they will be specified on the site without necessarily being in the list above.

Just like all our personalized proposals, the conditions will be specified on a commercial proposal that the customer has accepted by e-mail and a summary of these conditions on the digital order.

Some benefits can be paid in 2, 3 or 4 instalments.

6.3.2. The said services are provided to the customer only after a pre-payment of 100% or 50-25% if this is mentioned on the commercial order or if the service allows it.

6.3.3. To receive quality services the customer must clearly formulate the objective by specifying the concrete services chosen by him from among those mentioned above. In some cases the customer must present all the information necessary for the provision of a quality service:

a) For the granting of the creation services of the Site “WordPress 5 pages” and the Site “landing page” the customer is obliged to provide as soon as possible the photos and the necessary texts. One of the necessary conditions for working jointly with the client can be a meeting with the client in the MalinPro office and/or a video conference via Zoom arranged to clarify the client’s preferences and wishes.

 

6.4. Webmaster’s missions:

6.4.1. MalinPro offers 3 types of services:

a) Unlimited Assistance (or Managed Services) and On-Demand Assistance;

b) the implementation of natural search engine optimization (SEO)

c) the control of the optimization of the search engines of the Site.

You can find everything related to SEO on this page: https://www.malinpro.com/categorie-produit/seo/

For Unlimited Assistance or Managed Services (https://www.malinpro.com/produit/assistance-illimite/), monthly payments are possible.

6.4.2. By rendering the aforementioned services MalinPro performs the following tasks:

> We suggest that you read the descriptions directly in our services: https://www.malinpro.com/categorie-produit/assistance/

> The Webmaster’s technical support: assurance of updating sites, plug-ins and theme, installation of additional plug-ins, assurance of the development of the Site, updating of the content and realization of common functions of the Webmaster. Any request will be submitted only via the Support Ticket.

> Regarding the Translation Package (Unlimited/Yearly or Monthly): https://www.malinpro.com/produit/forfait-traduction/ Only active content will be translated. We will not translate content that is inactive in anticipation of publication or no publication.

> The implementation of SEO: the assurance of the optimization of the search engines of the Internet-Site so that it becomes more visible in the search engines.

6.4.3. For the SEO placement service is provided a mandatory and simultaneous provision of technical support and consulting services granted to the customer during the first year of operation of the Site according to the prices listed in the table.

6.4.3.1 This mandatory and simultaneous provision of technical support and consulting services granted to the customer during the first year is called “SEO Monitoring”.

6.4.3.2 From the second year of SEO Monitoring, MalinPro offers a one-year or monthly subscription to ensure the continuity of services.

6.4.3.3 SEO Tracking includes 2 types of service:

1. Tracking and correcting errors in Google Search Console and other possible foreign search engines.
2. Sending a monthly report containing tips and statistics in the form of screenshots of different screens in Google Search Console and Google Analytics.

6.4.3.4 If the customer has opted for Unlimited Support, MalinPro will follow up and correct errors in Google Search Console and any other foreign search engines. If the customer wishes to receive the monthly report with tips and statistics, they will benefit from the SEO Tracking Pack at a 45% discount.

6.4.4. MalinPro does not correct the content of the Site (the content of texts and the creation of articles, portfolios and other content of the Site). MalinPro reserves the right to present to the Customer or his representative only his proposals regarding a modification of the Site in terms of increasing its visibility in search engines.

6.4.5. Each of the aforementioned services will be performed under the conditions of a 100% pre-payment. The subscription to the “Webmaster Support” and “Search Engine Optimization” services consists of making a payment for the subscription on the day of presentation of the service order.

6.4.6 Commercial proposal: if MalinPro submits a written commercial proposal, the same proposal will be implemented in the customer’s account on the same day. These 2 proposals are valid for 14 days. After this deadline, the numerical order will be automatically deleted and the written proposal will be null and void.

> It will be enough for the customer to accept the commercial proposal and pay for it online so that we can start the work.

Nevertheless, MalinPro reserves the right to propose specific deadlines but will be mentioned in the latest version of the written commercial proposal.

6.4.7 Backups and restores: depending on the hosting package, backups take place in all cases in the evening around 21:00 (French time). Following a failure to use the CMS or a technical problem related to improper handling, the restoration of the site will be charged a flat rate to one hour of punctual assistance.

 

6.5. Final clauses:

6.5.1. For each service ordered on the MalinPro Website, an order will be drawn up in Euro or $HK containing all the customer’s contact details in French or English depending on the language in which the order was placed. Once the order has been paid, the User will have an invoice at his disposal.

1. There are no payment deadlines. All our orders are to be paid upon receipt.
2. Nevertheless, the customer will receive reminders up to the 28th day.
3. Beyond the 28th day, the order will be deleted.
4. If this order concerns a balance or following the execution of assistance that has been validated by the User, if the customer’s site is hosted by Malinpro, it will be suspended. In any case, all Malinpro services will be suspended.
5. In the event of disagreement with the User, Malinpro reserves the right to ask the User to move his site to another hosting provider provided that he is up to date with the payment of his orders.
6. If the User requests the same order again following its cancellation, it will be increased by a management fee.

6.5.2. Price information is given in Euro (French) and $HK. Acceptable foreign cards are: Amex, Visa MasterCard, Visa Electron and MasterCard Maestro. IBAN bank transfer in Euro is possible.

6.5.3 “Pause” subscriptions are not accepted.

6.5.4. Subscription management and rules whatever the service:

1. For all subscriptions, renewals can be made before the renewal date.
2. MalinPro sends reminder messages before the renewal date in order to notify the User.
3. Reminder messages are sent 45, 10 1 days before the renewal date.
4. If the User does not cancel his/her subscription before the renewal date, the renewal will be automatic.
5. Only the User must cancel his subscription by logging into his account.
6. On the day of renewal, an order will be created and payment will be made automatically with the payment method on file.
7. For older subscriptions that are manually renewed, once the renewal is paid, future renewals will be done automatically.
8. If the automatic payment has been rejected, the User will automatically receive an alert email on the same day, and the following days.
9. If the manual payment has not been made, the User will automatically receive a reminder email on the same day and the following days.
10. If the automatic payment has been rejected, on the 2nd day, MalinPro will suspend the distribution of the website, the renewal of the domains and the e-mail boxes.
11. If the manual payment has not been made, on the 2nd day, MalinPro will suspend the distribution of the website, the renewal of the domains and the e-mail boxes.
12. From the 7th day, a management fee will be applied.
13. From the 7th day, all services linked to the customer account will be completely suspended.
14. The order will remain available to the customer for 56 days.
15. After 56 days, all services, websites, data and the customer’s account will be deleted.

6.5.5 Automatic payment is now mandatory and is conditional on the registration of the credit card in the Payment Methods and the activation of automatic renewal is mandatory.

1. The User’s credit card details are not stored in our databases, but by the Stripe payment gateway.
2. When the user changes their payment card, the transaction is managed by the Stripe payment gateway.

6.5.6. The IBAN bank transfer is possible for all services that are not a subscription and provided that it is made on the day of payment and having ticked “Bank transfer” at the time of order confirmation.

6.5.7 A subscription is not transferable from one User to another, unless the User has 2 accounts distinguished at MalinPro.

6.5.8 A paid order with the status “Completed” is no longer partially or fully refundable after 6 days. A credit note can be offered in the form of a promotion code with the value of part or all of the order minus the management fees (60 €). 6.5.9 If the User wishes to migrate his/her website and recover the management of his/her domain, the User must be up to date with his/her payments, and his/her corresponding subscriptions must be awaiting cancellation.   6.6 Creation Packs for news, blog and e-commerce sites:

6.6.1 A newly created site created by us is guaranteed for 3 months from the date of publication. During these 3 months, the client can request a graphic improvement of his site such as: changing colors, especially buttons or menus, reducing fonts or enlarging them, changing the colors of certain parts of the site, reviewing the presentation of the home page without calling it into question.

6.6.2 The following are excluded: questioning of the structure of the site, the creation of new pages, new articles, portfolios and products (e-commerce).

6.6.3 Training in the use of the site (back-office part, creation of articles, portfolios or products, order management, updating shipping prices or products) is included for a duration of 1 hour to 2 hours.

6.6.4 This includes the entire SEO part for 1 year: registration of the site on Bing and Google Search Console, on Google Analytics, correction of indexing errors and sending a monthly report for 12 months on the progress of the indexing of the site, as well as on the number of visits and the number of impressions (results from user searches at Google). An “Annual SEO Follow-up” subscription will be created in the customer’s account, in order to renew it, if desired, before the renewal date. Once the date has passed, the renewal will have to be paid.

6.7 The Site malinpro.com:

6.7.1 The Malinpro.com domain, the website, content, graphic illustrations, logo and texts are the unconditional property of Mr. Daniel Sartre (MalinPro Limited Hong Kong). The malinpro.com site is hosted on a server in France.

6.7.2 MalinPro Operational Sites are as follows:

– malinpro.com: Information sites on our activities, customer area.

7. PERSONAL DATA AND PRIVACY POLICY

 

7.1. For the fulfillment of the terms of the Agreement the User agrees to present his personal data and consents to their processing in accordance with the laws of Hong Kong. Under “personal data” we mean the personal information that the User presents about himself for acceptance.

7.2. The Rightholder guarantees confidentiality with regard to the User’s personal data by presenting access to his personal data only to employees who need this information for the fulfillment of the terms of the Agreement by ensuring the respect by said persons of the confidentiality of personal data during their processing. In addition, the Data Controller is obliged to keep confidential all information received from the User regardless of the content of such information and the manner in which it is obtained.

7.3. The information received by the Rightholder (personal data) is not subject to its disclosure except in cases where its disclosure is mandatory in accordance with the legislation of Hong Kong or necessary for the operation of the Site.

8. LIABILITY OF THE PARTIES

 

8.1. The parties assume responsibility for non-performance or non-compliance with their obligations in accordance with the laws of Hong Kong.

8.2. The Rightholder is not responsible for the User’s actions relating to the realization of the rights of use of the Site granted to him and for any damage suffered by the User during the use of the Site.

9. RULES OF DISPUTES

 

9.1. The pre-trial settlement procedure for disputes arising from this Agreement shall be binding on the Parties.

9.2. Letters of complaint are sent by the parties by post or by registered mail with acknowledgment of receipt to the address of the party’s registered office.

9 .3. The time limit for the examination of the complaint is 10 working days from the date of its receipt by the addressee.

9.4. Disputes arising out of this Agreement shall be settled by judicial process in accordance with the laws of Hong Kong.

10. FINAL CLAUSES

 

10.1. This Agreement shall be governed by and construed in accordance with the laws of Hong Kong. Matters not regulated by the Agreement shall be subject to their resolution in accordance with Hong Kong law.

11. ADDRESS AND CONTACT DETAILS OF THE RIGHTHOLDER:

 

MalinPro Limited

Postal address:

15 Soy Street – Mong Kok Manly Commercial Building Flat A, Floor 15 Kowloon HONG-KONG

E-mail: https://www.malinpro.com