Terms and Conditions of AxentHost

The following terms and conditions (collectively, these "Terms and Conditions") apply to your use of https://axenthost.com, including any content, functionality and services offered on or via https://axenthost.com (the "Website") and its subdomains.

Please read the Terms and Conditions carefully before you start using AxentHost, because by using the Website you accept and agree to be bound and abide by these Terms and Conditions.

These Terms and Conditions are effective as of 22th of September 2022. We expressly reserve the right to change these Terms and Conditions from time to time without notice to you.
You acknowledge and agree that it is your responsibility to review this Website and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.

Definitions

The term "AxentHost" (including derived terms such as "Axent Host"), "us", or "we" refers to the owner of the website whose domain is axenthost.com. The term 'you' refers to the user, subscriber or visitor of our website. The terms "service(s)" shall be defined as any product, software or other saleable resource AxentHost provides either for free or paid.

Conduct on Website

Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website.

By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content - including text, communications, software, images, sounds, data, or other information - that:

• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies
• Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
• Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party
• Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling
• Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party
• Impersonates any person or entity, including any of our employees or representatives

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website.

However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions.

In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Intellectual Property

By accepting these Terms and Conditions, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of AxentHost.

You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website.

Third Party Websites

This Website may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive.

These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied.

Disclaimer of Warranties, Limitations of Liability and Indemnification

Your use of AxentHost is at your sole risk. The Website is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
Being subject only to an obligation of means, axenthost.com cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the service.

We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limites to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.

Affiliate Program

• Once your affiliate account is activated, distributing your affiliate link require that you clearly and prominently disclose your association with AxentHost. Follow the FTC's disclosure guidelines to ensure no misconception of the way to disclose your affiliate link.
• Withdraw your commissions through Paypal once the minimum threshold of 20€ has been met, on a NET-30 basis.
• Only advertise your link on websites requiring a registration such as the largest social networks, or on your own website/blog or youtube/twitch channel channel. You still need to state you posted your affiliate link.
• Discounts codes, coupons or any review website are prohibited.
• Using paid advertising services (such as Google Ads) to gain affiliate referrals is prohibited.
• You are not permitted to sign up for AxentHost through your own affiliate link. If we detect any self-referrals, your account will be permanently banned and any commission earned will be forfeited.
• You are not allowed to impersonate us or pretend to be acting on our behalf. This includes posing as an employee or representative of our company.
• There will be no commissions earned from any sell on the mobile Apps (IOS or Android).
• Keep your affiliate link as is. Do not use any link shortener or any redirection system masking your affiliate link.
• We reserve the right to investigate your account to ensure you follow all of the affiliate program terms. Not following these terms can result to an inability to withdraw your commissions, an affiliate account closure or a balance removal.

Term and termination

This Terms and Conditions will become effective in relation to you when you create a AxentHost account or when you start using the AxentHost and will remain effective until terminated by you or by us.

AxentHost reserves the right to terminate this Terms and Conditions or suspend your account at any time in case of unauthorized, or suspected unauthorized use of the Website whether in contravention of this Terms and Conditions or otherwise. If AxentHost terminates this Terms and Conditions, or suspends your account for any of the reasons set out in this section, AxentHost shall have no liability or responsibility to you.

Assignment

AxentHost may assign this Terms and Conditions or any part of it without restrictions. You may not assign this Terms and Conditions or any part of it to any third party.

Governing Law

These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the fr (France) without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of fr (France).

The following terms of sales (collectively, these "Terms of Sales") apply to your use of https://axenthost.com, including any content, functionality and services offered on or via https://axenthost.com (the "Website") and its subdomains, delivered by Axel SIMONET in the name of "AxentHost" .

Purpose and scope

These general terms of sale (TOS) constitute the basis of commercial negotiation and are systematically sent or given to each buyer to enable him to place an order.
The general terms and conditions of sale described below detail the rights and obligations of AxentHost and its customer in connection with the sale of the following goods:
- Credits packs
- Diamonds packs
- Premium membership

• The Customer agrees that once acquired, the Credits or Diamonds have no monetary value and can never be exchanged for real money.
• When purchasing Credits or Diamonds, the Customer acquires a limited personal, revocable license to use the Credits or Diamonds. A credit of virtual money does not reflect any stored value.
• When subscribing for a premium membership, the Customer agrees that canceling the subscription will take effect at the next billing period.
• The Customer agrees that the premium membership exclusive features and benefits can change at any time without notice.
• The Customer agrees that once the premium membership has been canceled and the billing period reached the end, the most recently activated servers for each game will be hibernated in order to match the new maximum servers limits.

Any acceptance of the estimate/purchase order implies the buyer's unreserved acceptance of these general conditions of sale.

Price

Payments are processed via the respective app stores or stripe. The terms of use and payment of the app stores, stripe and, in addition, these terms apply. In the event of contradictions between the terms and conditions of the app stores, stripe and these terms, the terms and conditions of use and payment of the app stores and stripe shall take precedence.

The prices of the goods sold are those in effect on the day the order is taken. They are denominated in euros and calculated including taxes. Consequently, they will no be increased by the VAT rate, but may include payment platform fees.
Prices may be converted in the user currency by the payments platforms.
AxentHost grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.

Discounts and rebates

The proposed rates include discounts and rebates that AxentHost would be required to grant given its results or the assumption by the buyer of certain services.

Discount

No discount will be granted in the event of early payment.
Only coupon codes created by AxentHost itself can be used for discounts for a limited amount of time.

Methods of payment

The payment of orders is made:

• By bank card
• By apple pay
• By google pay
• Other derivated payment method provided by stripe depending on your country
• Other derivated payment method provided by App Store or Play Store

Cancellation clause

Orders booked are not subject to cancellation, modification or deferred without the prior written consent of the Company and is at the Company's sole discretion to accept or reject the writing.

Retention of title clause

AxentHost retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is subject to receivership or judicial liquidation, AxentHost reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.

Delivery

Delivery is made:

• By direct delivery of the goods to the buyer

The delivery time indicated when registering the order is given for information only and is in no way guaranteed. Consequently, any reasonable delay in the delivery of the products cannot give rise to the benefit of the buyer:

• the award of damages
• cancellation of the order

The risk of transport is fully borne by the buyer.
In the event of goods missing, the buyer must make all the necessary reservations on the order form upon receipt of the said goods. These reservations must also be confirmed in writing within five days of delivery, by mail addressed to the company.

Force majeure

The responsibility of AxentHost cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.

Competent court

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Toulouse.
Done at Toulouse, on 15/11/2022
Signature : Axel SIMONET