Terms of Sale
GENERAL SUBSCRIPTION TERMS
Last updated: October 23, 2025
- DEFINITIONS
Customer
Any individual or legal entity that has subscribed to a Subscription.
Copilhost
COPILHOST, a simplified joint-stock company (SAS) incorporated under French law, with its registered office located at 61 rue de Lyon, 75012 Paris, France, registered with the French National Institute of Statistics and Economic Studies (INSEE) under number 982 397 861 00013, VAT number FR12982397861, email: contact@copilhost.com.
Website
The website accessible at www.copilhost.fr, as well as any other websites operated by Copilhost for the purpose of presenting and selling subscriptions to the Services.
Service(s)
Collectively, website hosting services and related services, including domain name registration, email services, customer support, and access to a feature-rich platform dedicated to WordPress websites.
Subscription
The contract entered into by the Customer via the Website, governed by these General Terms and Conditions, and whose specific terms correspond to the choices made by the Customer at the time of the initial order on the Website and, where applicable, during the term of the Subscription.
Customer Area
The Customer’s personal online space, access to which is provided by Copilhost, allowing the Customer to use the Services and manage their Subscription.
- SCOPE OF APPLICATION
Purpose
These General Subscription Terms govern the provision of the Services to the Customer. Any general purchasing terms of the Customer shall under no circumstances apply to the Services provided.
Access to the Agreement
These General Subscription Terms are available at all times on the Website and shall, where applicable, prevail over any other version, whether prior or subsequent. They take effect as of the last update date indicated at the beginning of this document and apply to the exclusion of all other terms, including those applicable to sales through other distribution or marketing channels.
Acceptance
Before subscribing to any Subscription, the Customer acknowledges having read and accepted these General Subscription Terms, which implies full and unconditional acceptance thereof.
By accepting these terms, the Customer further acknowledges that, prior to subscribing, they have received sufficient information and advice from Copilhost, enabling them to ensure that the Services ordered are suitable for their specific needs.
Customer Capacity
By subscribing to a Subscription on the Website, the person placing the order represents that they are of legal age and have the legal capacity to enter into a contract under the laws of their country, or that they are duly authorized to act on behalf of the person or entity for whom the Subscription is being taken out.
In all cases, the Customer guarantees that they have the necessary authorizations to use the selected payment method at the time the order is validated.
Scope
The Customer may request a copy of the version of the agreement applicable to their order at any time. No specific terms introduced at the Customer’s initiative may be added to or replace these General Subscription Terms.
Copilhost reserves the right to define specific terms for certain Services, special offers, or special guarantees, which will be provided to the Customer prior to placing an order.
The fact that Copilhost does not enforce, at any given time and for any reason, a breach by the Customer of any obligation under these terms shall not be construed as a waiver of its right to enforce such obligation in the future.
- DESCRIPTION OF THE SERVICES
Service Activation
The Services are made available to the Customer through their Customer Area, in accordance with the instructions sent by email to the address provided by the Customer at the time of subscribing to the Subscription.
Access to the Customer Area
All login credentials provided to access the Customer Area are strictly personal, confidential, individual, and non-transferable.
The Customer agrees to subscribe to the Subscription solely for personal or professional use and undertakes not to resell, distribute, sublicense, or rent all or part of the Services to third parties without Copilhost’s prior authorization. Any breach of this obligation may give rise to legal action.
The Customer is solely responsible for any unauthorized, fraudulent, or abusive use of their credentials and must notify Copilhost immediately in the event of loss or theft.
In the event of a proven breach of the access conditions to the Website or the Services, Copilhost reserves the right to suspend all or part of the Subscription without compensation, prior notice, or prior notification.
Cloud Hosting (VPS)
The hosting service includes the rental of server space on infrastructure operated by a third-party hosting provider (unless otherwise specified at the time of order, namely Google Cloud), the provision of processing capacity, and, depending on the Customer’s Subscription, additional services such as traffic monitoring, technical administration, backups, antivirus protection, and data portability.
The Customer is provided with a Virtual Private Server (VPS), which delivers virtualized server resources on a physical server shared with other users, simulating a dedicated server hosting environment. The Customer benefits from a reserved allocation of resources corresponding to the selected Subscription plan.
Other Copilhost customers have no access to the Customer’s resources, and each instance is strictly isolated. The Customer is expressly informed that the hosting service provided is not intended for the hosting of health-related data.
Depending on the subscribed offer, hosting services provided through Google Cloud may include:
VPC Networks, Network Services, Compute Engine, Kubernetes Engine, Cloud Storage, Cloud SQL, Cloud Load Balancer, Cloud Run, and Secret Manager.
By using these services, the Customer expressly acknowledges Google Cloud’s terms of use, over which Copilhost has no control:
https://cloud.google.com/terms/
In the event of any inconsistency, these Terms shall prevail over the Google Cloud terms.
With regard to security measures, the Customer acknowledges that the safeguards described in Google Cloud’s documentation meet their own requirements:
https://cloud.google.com/security/infrastructure
Domain Name Registration and Email Services
In such cases, the Customer agrees to comply with all applicable laws, naming regulations, and rights and obligations associated with domain name registration via the Services:
https://www.gandi.net/contracts/terms-of-service
Domain name registrations for a fixed term are final and non-refundable, which the Customer expressly accepts.
For ICANN extensions, the Customer agrees to comply with:
- The provisions required by the ICANN Registrar Accreditation Agreement, available at:
https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en
as well as any applicable ICANN policies, including those available at:
https://www.icann.org/en/resources/registrars/consensus-policies - The ICANN Registrant Educational Information available at:
https://www.icann.org/en/resources/registrars/registrant-rights/educational - The ICANN document identifying the rights and responsibilities of domain name registrants, available at:
https://www.icann.org/en/resources/registrars/registrant-rights/benefits - Where a protected Whois or proxy service is offered for ICANN extensions, the ICANN “Specification on Privacy and Proxy Registration” available at:
https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#privacy-proxy
Access to WordPress Features
The Customer has access to a platform offering features dedicated to WordPress websites.
Copilhost does not publish any WordPress plugins. Plugins and extensions are provided either through the official WordPress.org repository or by third parties. Copilhost exercises no control over these features.
The Customer is solely responsible for the selection, installation, configuration, and use of WordPress themes, plugins, and extensions on their website.
Data Portability (Reversibility)
As an optional paid service, the Customer may subscribe to a migration service at the end of their Subscription in order to transfer their website hosting and/or email services to another hosting provider.
The applicable conditions, timelines, and pricing are described on the Website or in the Customer Area.
Account Sharing
Copilhost may offer an account-sharing feature allowing the Customer to grant third parties certain modification rights over the subscribed Services (including clouds, websites, and domains linked to the Customer Area).
The Customer acknowledges that granting such access transfers certain management rights to third parties and remains solely responsible for access management and permissions granted.
The Customer guarantees compliance with these Terms by all authorized users and shall be solely liable for any misuse of the granted rights vis-à-vis Copilhost.
Account Transfer
Copilhost may offer an account transfer feature allowing the Customer to transfer full ownership of their rights to the subscribed Services (including clouds, websites, and domains) to another user.
Once the transfer has been validated by the Customer and accepted by the recipient, the Customer shall no longer have any access to the Services, which they expressly acknowledge and accept. The recipient becomes the new holder of the Subscription.
The Customer remains solely responsible for the transfer and for any contractual or financial arrangements agreed with the transferee, including the assumption of payment obligations.
Where applicable, it is the Customer’s responsibility to ensure that the transferee updates the payment methods associated with the Customer Area.
The Customer guarantees compliance with these Terms by any designated transferee and shall remain solely liable for any misuse of the transferred rights in relation to Copilhost.
- ORDERING ON THE WEBSITE
Mandatory Registration
Registration and the creation of a Customer Area are required in order to access the Services. When registering, the Customer must provide a valid email address, which will be verified to complete the account creation process.
The Customer undertakes to provide accurate contact details and, where applicable, to be duly authorized to represent the legal entity on whose behalf the registration is made
Placing an Order on the Website
After selecting the Subscription plan they wish to purchase on the Website, the Customer is redirected to an order page where they are required to provide their contact details and payment information (one-time payment or installment payments, payment method).
The Customer is solely responsible for the accuracy of the information provided and guarantees Copilhost against any false identity. In particular, the Customer must have a fully functional email address for sending and receiving messages.
Failing this, the Customer will not be able to receive written confirmation of the order at the provided email address or receive their access credentials to the subscribed Services.
Copilhost shall not be held liable for any failure resulting from inaccurate or false information provided at the time of the order, which is used to activate the Subscription and deliver the Services.
Payment Obligation
Any order received by Copilhost is deemed final and binding, entails full acceptance of these General Terms, and gives rise to the obligation to pay the full amount of the subscribed Subscription.
Electronic Signature
The online provision of the Customer’s payment details and the final validation of the order shall constitute:
(i) evidence of the Customer’s consent,
(ii) the enforceability of the amounts due in respect of the order placed, and
(iii) an electronic signature and express acceptance of all operations carried out during the ordering process on the Website (including checkboxes, selections, and validation clicks).
Order Validation
After reading and accepting these General Terms on the order page, the Customer is redirected to an order summary page, where they enter their payment details before confirming payment.
It is the Customer’s responsibility to review the summary information of the order and to correct any errors, if necessary, before validating the payment. This second confirmation click constitutes final acceptance of the Customer’s order.
Order Confirmation
Once payment has been successfully validated by Copilhost or its payment service provider, the Customer receives an order confirmation and summary by email.
- PRICING TERMS
Applicable Prices
The subscribed Services are provided at the prices in effect on the Website at the time the selected Subscription is recorded by the Company. The Customer may consult up-to-date information on all applicable prices and any maintenance fees in the pricing section of the Website.
Prices are stated in euros and include the applicable VAT in force on the date of the Order. Any change in the applicable VAT rate will be automatically reflected in the price of the Services. Prices displayed on the Website are inclusive of all taxes.
It is the responsibility of professional Customers to carry out any necessary tax verification and to comply with their tax obligations, in particular with respect to VAT, for which they remain solely responsible.
In the case of international sales, any customs duties, local taxes, or other charges that may be due are borne solely by the Customer. Copilhost shall not be held liable in this respect.
All or part of a Service may be provided not in exchange for payment of a price, but in exchange for the provision of personal data (such as name, surname, email address, or telephone number), which may be used for commercial prospecting purposes, subject to the Customer’s express, free, and informed consent.
Amounts Due
Validation of the order renders all amounts due immediately payable. By validating the order, the Customer authorizes the Company (or its partners and payment service providers) to send payment instructions to the Customer’s bank in order to debit the bank account details provided by the Customer, in accordance with the payment schedule indicated in the order summary, where applicable.
Payment Methods – Direct Debit
The Customer selects a bank debit or card payment method using secure systems and services provided by third-party payment service providers available on the Website and governed by their own contractual terms, over which Copilhost has no control. These include, by way of indication:
Stripe: https://stripe.com/payment-terms/legal
PayPal: https://www.paypal.com/webapps/mpp/ua/legalhub-full
GoCardless: https://gocardless.com/legal
Payment is made by SEPA direct debit or by using the payment card details provided, depending on the payment method offered by the payment service provider and selected by the Customer. The Company reserves the right to use the payment service providers of its choice and to change them at any time.
Debit Authorization – Subscription
By providing their banking details at the time of purchase, the Customer authorizes Copilhost to debit the account for the price indicated on the Website for the selected Subscription plan, upon placing the order in order to benefit from any trial offer, and throughout the duration of the Subscription and its renewals.
This authorization remains valid in the event of a price change to the Subscription in the cases provided for under these Terms.
Special Offers and Discount Codes
Copilhost reserves the right to offer time-limited introductory offers, promotional offers, or price discounts on its Services, and to modify its offers and prices on the Website at any time, in accordance with applicable law.
The prices applicable are those in effect at the time the Customer places the order. The Customer may not claim the benefit of any other prices, whether prior or subsequent to the order. Discount codes or first-subscription offers may be subject to specific conditions and are strictly personal to their beneficiary and usable only once.
The Customer is expressly informed that certain promotions may be subject to a minimum commitment period, which will be specified at the time of ordering.
A Service may also be provided in exchange for the provision of personal data (such as name, surname, email address, or telephone number), which may be used for commercial prospecting purposes, subject to the Customer’s express, free, and informed consent.
Price Changes
Prices are guaranteed only for the duration of the current Subscription period. Upon annual or multi-year renewal of the Subscription, Copilhost reserves the right to increase its prices, in particular in the event of changes to the “Syntec” index or increases in the prices charged by its suppliers (including Google Cloud, Gandi, etc.).
For monthly Subscriptions without commitment, the Customer will be notified at least one month in advance of any price increase. In the event of a price change, the Customer will be informed in advance by any appropriate means (email, notification in the Customer Area, etc.) and will have the option to cancel the Subscription prior to renewal under the conditions set out in these Terms.
Failing cancellation, the new prices shall be deemed accepted by the Customer for the new Subscription period.
Payment Incidents – Fraud
Copilhost reserves the right to suspend any Subscription in the event of refusal of payment authorization by accredited payment institutions, non-payment, or late payment.
Copilhost also reserves the right to refuse the provision of Services to a Customer who has not paid, in whole or in part, the amounts due under their Subscription, or with whom a payment dispute is ongoing.
Copilhost may contact the Customer to request additional documentation in order to process payment. Copilhost may rely on information provided by its order analysis systems. In order to combat payment card fraud, a visual verification of payment methods may be carried out by Copilhost before granting access to the corresponding Services.
In the event of fraudulent use of a payment card, the Customer is invited to contact Copilhost immediately upon becoming aware of such use, without prejudice to any steps the Customer must take with their bank.
Late or Failed Payment
Statutory interest and penalties provided for by law shall apply in the event of late or failed payment by the Customer, whether acting as a consumer or a professional.
Installment Payments
Where the Company offers the Customer the option to pay a fixed total price in installments, this does not constitute a monthly subscription or a payment without commitment, but rather a payment schedule for the total price of the Service.
The full price corresponding to the total of the installment payments remains due, regardless of the number of installments. The final payment date shall never be scheduled more than three months after the end of the provision of the Services and/or the closure of the Customer’s access to the Services.
This payment facility does not constitute a credit or microcredit. Where installment payments are offered, the first installment is payable on the date of the Order, and subsequent installments are payable at the intervals specified in the order summary (unless otherwise stated, one month between each payment).
In such cases, the Customer guarantees the validity of their banking details until the final scheduled payment date. Copilhost reserves the right to refuse an order with installment payments if the payment card expires before the final installment date or if the secure payment service provider objects to such payment method.
- SUBSCRIPTION TERMS
Plan Selection
Subscriptions may be taken out either without a minimum commitment period or with a fixed commitment period, depending on the selected plan. Prices may vary between subscription plans for the same Service.
Orders are placed on the Website in accordance with the ordering conditions described above.
Plan Changes
If the Customer requires additional resources, they may upgrade to a higher plan, which will result in an automatic upward price adjustment of the Subscription.
If the Customer requires fewer resources, any downgrade requested from the Customer Area will take effect at the end of the current Subscription period.
Cancellation
The Customer may cancel their Subscription at any time, at least 48 hours before the end of the current billing period, directly from their Customer Area by following this path:
My account > Billing > Clouds, then disabling the renewal for the selected Subscription.
All amounts due for the remainder of the current billing period remain payable, regardless of the cancellation date and regardless of any payment facilities that may have been granted.
Automatic Renewal
Annual and multi-year Subscriptions are renewed automatically by tacit renewal.
In this respect, consumer Customers are reminded of the following provisions of French law:
Article L215-1 of the French Consumer Code
For fixed-term service contracts containing an automatic renewal clause, the service provider must inform the consumer in writing, by named letter or dedicated email, no earlier than three months and no later than one month before the end of the period during which renewal may be refused, of the possibility of not renewing the contract.
This information must be provided in clear and understandable terms and must prominently state the deadline for non-renewal.
Where such information has not been provided in accordance with the above, the consumer may terminate the contract free of charge at any time from the date of renewal.
Any advance payments made after the last renewal date, or, in the case of open-ended contracts, after the date on which the initial fixed-term contract becomes open-ended, shall be refunded within thirty (30) days from the date of termination, less any amounts corresponding to the performance of the contract up to that date.
These provisions apply without prejudice to any legal rules subjecting certain contracts to specific consumer information requirements.
By way of exception, for television service contracts within the meaning of Article 2 of Law No. 86-1067 of September 30, 1986 on freedom of communication, and for on-demand audiovisual media services, the consumer may terminate the contract free of charge at any time from the first renewal if they change residence or if their tax household changes.
Article L215-2 of the French Consumer Code
The provisions of this chapter do not apply to operators of drinking water supply and sanitation services.
Article L215-3 of the French Consumer Code
The provisions of this chapter also apply to contracts concluded between professionals and non-professionals.
Article L241-3 of the French Consumer Code
Where the professional has failed to issue a refund under the conditions set out in Article L215-1, the amounts due shall bear interest at the statutory legal rate.
- RIGHT OF WITHDRAWAL
Withdrawal Period
Consumer Customers may withdraw from their Subscription without providing any reason within fourteen (14) calendar days, starting from the day following the Subscription date (i.e. the day after the contract is entered into).
If the withdrawal period expires on a Saturday, Sunday, or public holiday, it shall be extended until the end of the next business day.
How to Exercise the Right of Withdrawal
To exercise the right of withdrawal, the Customer must notify Copilhost of their decision to withdraw from this contract by means of a clear and unambiguous statement, either by post at:
61 rue de Lyon, 75012 Paris, France
or by email at: contact@copilhost.com
The Customer may use the standard withdrawal form, but this is not mandatory. This right applies exclusively to consumers and does not constitute a commercial guarantee.
Refund
In the event of withdrawal for one or more Services, Copilhost shall refund all amounts paid by the Customer no later than fourteen (14) days from the day following receipt of the withdrawal request.
The refund will be made using the same payment method as the original transaction, unless the Customer expressly agrees to a different method.
Termination of Services
Exercising the right of withdrawal terminates the obligations of both parties either to perform the Subscription or to conclude it where the consumer has made an offer.
The exercise of the right of withdrawal from the main contract automatically terminates any ancillary contracts, at no cost to the consumer other than those provided for by law.
The Customer is informed that Copilhost will suspend all access rights to the Services upon exercise of the right of withdrawal. The Customer remains solely responsible for backing up all content prior to exercising this right.
Furthermore, where a domain name has been registered, exercising the right of withdrawal results in the loss of the domain name reservation.
A Customer who has exercised their right of withdrawal shall not be eligible for any future first-time subscription promotional offers.
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of COPILHOST,
61 rue de Lyon, 75012 Paris, France
or by email at: contact@copilhost.com
I / We () hereby notify you of my / our () withdrawal from the contract for the provision of the following service(s) (*):
Ordered on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s)
(only if this form is submitted on paper):
Date:
(*) Delete as appropriate
- LEGAL GUARANTEE OF CONFORMITY
The consumer is entitled to the legal guarantee of conformity in the event that a lack of conformity appears during the entire duration of the Subscription, starting from the supply of the digital content or digital service.
During this period, the consumer is only required to demonstrate the existence of the lack of conformity, and not the date on which it appeared.
The legal guarantee of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or digital service throughout the entire duration of the Subscription.
Under the legal guarantee of conformity, the consumer is entitled to have the digital content or digital service brought into conformity without undue delay, free of charge, and without major inconvenience to the consumer.
The consumer may obtain a price reduction while retaining the digital content or digital service, or may terminate the contract and obtain a full refund in exchange for relinquishing the digital content or digital service, where:
The professional refuses to bring the digital content or digital service into conformity;
The conformity of the digital content or digital service is unjustifiably delayed;
Bringing the digital content or digital service into conformity would impose costs on the consumer;
Bringing the digital content or digital service into conformity causes major inconvenience to the consumer;
The lack of conformity persists despite an unsuccessful attempt by the professional to bring the digital content or digital service into conformity.
The consumer is also entitled to a price reduction or termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. In such cases, the consumer is not required to request conformity beforehand.
Where the lack of conformity is minor, the consumer is not entitled to terminate the contract unless the contract does not provide for the payment of a price.
Any period during which the digital content or digital service is unavailable for the purpose of bringing it into conformity suspends the guarantee period that remained to run until the digital content or digital service is supplied again in a conforming state.
These rights arise from the application of Articles L.224-25-1 to L.224-25-31 of the French Consumer Code.
A professional who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of the average annual turnover (Article L.242-18-1 of the French Consumer Code).
The consumer also benefits from the legal warranty against hidden defects, pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two (2) years from discovery of the defect.
This warranty entitles the consumer to a price reduction if the digital content or digital service is retained, or to a full refund in exchange for relinquishing the digital content or digital service.
- SERVICE LEVELS
Service Continuity
Copilhost uses all reasonable means at its disposal to provide continuous, high-quality access to the Website and the Services, with a target availability rate of 99%.
Copilhost shall not be held liable for any network or server malfunction, or for any other event beyond its reasonable control, that prevents access to the Website or the Services.
In this respect, the Customer is expressly informed that the hosting infrastructure is provided by Google Cloud, and that Copilhost shall not, under any circumstances, be held liable for any failure on the part of this provider that may affect the availability or quality of the Services.
Maintenance
The Website and the Services may be subject to maintenance operations. Copilhost reserves the right to interrupt, temporarily suspend, or modify access to all or part of the Website or the Services, without prior notice, in order to carry out maintenance operations (including updates) or for any other reason.
Such interruptions shall not give rise to any obligation or compensation. In any event, Copilhost shall not be liable for any consequences resulting from technical interventions necessary to ensure the proper functioning and quality of the Services.
Backups
Unless otherwise stated on the Website where a Subscription plan provides different backup conditions, the Subscription includes backups of the Customer’s website files and databases.
On a weekly basis, only the last eight (8) backups may be restored.
On a daily basis, only the last twenty-one (21) backups may be restor
Support Requests
From the Customer Area, the Customer may submit a support request or report an issue. Support is provided via a dedicated chatbot during standard business hours. The Subscription does not include on-site support services.
Where an issue is reported, the Customer will receive a ticket number to track the request. The Customer may be asked to provide a phone number in order to receive a callback and benefit from remote telephone assistance.
Where an issue requires Copilhost to intervene with its suppliers, Copilhost shall have a reasonable additional period, in addition to the supplier’s response time, to provide a solution to the Customer. Copilhost has no control over such third-party response times.
Exclusions
The Customer is expressly informed that Copilhost does not provide any advisory, technical, or intervention services relating to the Customer’s use of WordPress features, plugins, or extensions.
Similarly, the Customer may not request custom development as part of their Subscription. Copilhost remains solely responsible for the evolutionary maintenance of the Services it offers.
Updates
Updates may be deployed to ensure the proper maintenance and/or improvement of the Services. Unless the Customer objects, updates will be applied automatically.
The Customer acknowledges that refusing updates may result in security vulnerabilities, compatibility issues, or performance problems. Copilhost shall not be held liable for any failure in the provision of the Services resulting from the Customer’s refusal to install updates necessary for service continuity and performance.
Data Portability (Reversibility)
Unless otherwise stated on the Website or in specific terms, Copilhost does not provide migration services to third-party hosting providers for the Services.
Copilhost may refer the Customer to documentation provided by Google Cloud or any other subcontractor to enable data portability. Copilhost provides no additional guarantees beyond those offered by Google Cloud and Gandi, whose terms the Customer acknowledges having reviewed, with respect to data portability.
Upon request, for a fee, and within a maximum period of one (1) month following the end of the Subscription, the Customer may request an export of their data in a usable format in order to transfer it to a new service provider.
As part of the quotation request, the Customer must specify the export and configuration requirements imposed by the new provider for the purposes of data portability.
- INTELLECTUAL PROPERTY
This agreement does not result in any transfer of intellectual property rights to the Customer. Copilhost remains, in all circumstances, the sole owner of the Website, as well as of its tools, methods, and know-how developed prior to or in connection with the provision of the Services.
The Customer is granted access rights to the Services and included tools solely for the purpose of performing the Subscription. Such access rights are strictly personal to the Customer and non-exclusive.
The Customer remains the sole holder of all intellectual property rights relating to the website and any content created or hosted in connection with the Services. The Customer grants Copilhost all usage rights necessary to perform the Services for the duration of the Subscription.
The Customer guarantees Copilhost peaceful use of such rights and acknowledges that Copilhost shall not be held liable for any failure resulting directly or indirectly from insufficient usage rights required to fulfill its obligations.
The Customer undertakes to ensure that all content hosted as part of the Services (including domain names, website content, email content, etc.) does not infringe, in whole or in part, any third-party rights, including but not limited to copyrights, database producer rights, patents, trademarks, or trade secrets.
In this respect, the Customer indemnifies and holds Copilhost harmless against any claim or action, including claims based on infringement, unfair competition, parasitic practices, or breach of trade secrets, that may restrict or prohibit the provision of the Services.
The Customer shall bear all costs and expenses incurred by Copilhost in connection with such claims, including legal costs, attorneys’ fees, settlement amounts, and any damages awarded against Copilhost.
Copilhost provides no warranty with respect to the intellectual property rights associated with third-party tools, including WordPress plugins and applications made available to the Customer, over which Copilhost exercises no control.
- CONFIDENTIALITY & DATA PROTECTION
Copilhost acts as data controller with respect to the processing of Customer data containing personal information relating to the Customer’s corporate officers and/or employees who serve as Copilhost’s contacts. Such data is collected in the context of negotiating, entering into, and performing the Agreement, for purposes including customer relationship management, billing, customer support, dispute management, improvement of the Website and Services, and any other legitimate purpose for which Copilhost acts on its own behalf.
The data subjects concerned may exercise their rights of access, rectification, objection, erasure, restriction, and portability in accordance with applicable law by submitting a written request to Copilhost using the contact details provided at the beginning of these Terms. Any individual also has the right to lodge a complaint with the French data protection authority (CNIL).
The Customer warrants that it is authorized to provide Copilhost with personal data relating to its employees, users of the Services, or any other individuals whose personal data is communicated to Copilhost for the purpose of providing the Subscription.
The Customer is informed and accepts that the Website and the Services may include technical mechanisms enabling the monitoring of Service usage (including logged-in users, IP addresses, application types used, and connection or usage logs). Such data may be used for anti-infringement purposes and/or to detect or prevent unlawful or non-compliant use of the Services.
Copilhost shall not, under any circumstances, be held liable for the collection or processing of personal data carried out by the Customer and/or by third parties to this Agreement.
The Website’s Privacy Policy, which provides legal information regarding the data processing operations carried out by Copilhost as data controller for the provision of the Website and the Services, forms an integral part of these Terms. By accepting these Terms, the Customer acknowledges having fully reviewed the Privacy Policy.
- CUSTOMER LIABILITY
Content Responsibility
The Customer acts as the publisher of all content hosted under their Subscription and assumes full responsibility for such content. Copilhost does not exercise any prior control over the Customer’s content or activities.
By using the Services, the Customer undertakes not to host or distribute any content that is manifestly threatening, hateful, racist, child sexual abuse material, xenophobic, defamatory, abusive, or, more generally, any content that infringes the rights of third parties or violates applicable law.
In particular, the Services may not be used for activities of a proselytizing nature, terrorist activities, activities related to movements recognized as cults, illegal gambling, distribution of illegal substances, unlawful commercial solicitation, dissemination of false information, or any activity intended to compromise the data processing systems of Copilhost, its partners, or any third party, or any other breach of applicable law.
Where unauthorized content is identified, Copilhost may immediately suspend the Customer’s Subscription, at the Customer’s sole fault. In such case, the Customer shall remain liable for all amounts due until the end of the commitment period, without prejudice to any damages that may be claimed.
Notice of Manifestly Unlawful Content
Copilhost reserves the right to remove any manifestly unlawful content, in particular where such content has been the subject of a valid notice under applicable law, a court order, or any other situation provided for by law.
In accordance with French Law No. 2004-575 of June 21, 2004 on Confidence in the Digital Economy, any notice must include the following information:
If the notifying party is a natural person: their full name and email address;
if the notifying party is a legal entity: its legal form, company name, and email address;
if the notifying party is an administrative authority: its name and email address.
These requirements are deemed satisfied where the notifying party is a registered user of the Platform, is logged in at the time of notification, and Copilhost has collected the necessary identification information.
A description of the disputed content, its precise location, and, where applicable, the electronic addresses through which it is accessible.
These requirements are deemed satisfied where the Platform provides a technical mechanism allowing precise notification directly from the disputed content.
The legal grounds on which the disputed content should be removed or made inaccessible.
This requirement is deemed satisfied where the Platform provides a technical notification mechanism allowing the notifier to select the relevant category of infringement.
A copy of the correspondence sent to the author or publisher of the disputed content requesting its interruption, removal, or modification, or justification that the author or publisher could not be contacted.
In such cases, the Customer shall be informed by Copilhost of the removal of the content, in accordance with applicable legal requirements.
Personal Data
The Customer acts as the data controller with respect to personal data of users of the tools created and operated under the Subscription (including websites and email services), in accordance with the conditions set out in the applicable annex.
Any obligations of Copilhost acting as the Customer’s data processor are obligations of means only, unless otherwise required by applicable regulations.
End of the Subscription
Upon termination of the Subscription, for any reason whatsoever, the Customer remains solely responsible for backing up all files and content.
Where migration is required, the Customer may subscribe to Copilhost’s migration offer to ensure the portability of the provided Services.
- COPILHOST LIABILITY
In providing the Services, Copilhost is subject to a best-efforts obligation.
Copilhost performs its contractual obligations with the level of care customary in its profession and shall under no circumstances be held liable for:
- Any destruction, damage, or alteration of files or programs belonging to the Customer or under the Customer’s responsibility, occurring independently of Copilhost’s actions, regardless of the security measures in place;
- The Customer’s inability to use or benefit from the Services for reasons unrelated to the proper functioning of the Services under the agreed conditions;
- Copilhost’s inability to deploy the Services due to a failure or malfunction of the Customer’s information systems;
- Any harm resulting from the Customer’s non-compliance with applicable regulations or from the unlawful nature of the Customer’s practices or content;
- The creation by Copilhost or any third party of new services whose features may render the Subscription partially or fully obsolete;
- Any unilateral modification of the Service specifications by the Customer or third parties, without Copilhost’s prior express authorization, resulting in malfunctions;
- The integration by the Customer of features that are incompatible with the Services, or the use of features containing defects, bugs, computer viruses, or similar issues, including, without limitation, third-party WordPress plugins for which Copilhost provides no warranty;
- Any unavailability of all or part of the Services caused by failures of Internet network operators, network congestion at certain times, and/or the technical characteristics and inherent limitations of the Internet and Internet access;
- Any material or immaterial damage, whether direct or indirect, resulting from an error, fault, negligence, or breach by the Customer of their contractual or non-contractual obligations;
- Any indirect or consequential damages, including, but not limited to, commercial loss, loss of customers, loss of orders, or damage to reputation, as recognized by French case law, this list being non-exhaustive, except in cases of gross negligence or willful misconduct.
No compensation shall be owed to the Customer in the event of suspension or termination of all or part of the Services resulting from the Customer’s breach of their obligations, and/or where such suspension or termination is required to comply with a legal or regulatory obligation, or pursuant to an order, injunction, or decision of a competent authority, including judicial or extrajudicial decisions.
Copilhost shall not, under any circumstances, be held liable for disputes that may arise between the Customer and third parties.
In any event, should Copilhost’s liability be recognized in connection with the Customer’s Subscription, for any reason whatsoever, the total compensation that may be claimed shall be strictly limited to the amount (excluding taxes) actually paid by the Customer to Copilhost for the relevant Services during the twelve (12) months preceding the occurrence of the damage.
This amount constitutes the maximum aggregate liability that Copilhost may incur, whether in the form of damages, penalties, or compensation of any kind, for all losses alleged by the Customer.
Notwithstanding the foregoing, this limitation of liability shall not apply in the event of gross negligence or intentional misconduct on the part of Copilhost, which must be duly demonstrated by the Customer.
- THIRD-PARTY LINKS AND WEBSITES
The Services may include hyperlinks providing access to third-party websites, platforms, products, services, or tools, the use of which may be subject to the acceptance of the contractual terms of the relevant third-party provider.
Where applicable, the Customer undertakes to:
(i) review the applicable terms of use or sale, privacy policies, and any other legal information relating to such third-party websites, social networks, platforms, products, services, or tools; and
(ii) comply with them once accepted.
Such third-party websites, platforms, products, services, and tools are designed and operated under the sole responsibility of third parties. Copilhost exercises no control over their terms or operation and disclaims all liability in the event of account suspension, banning, or disputes arising between the Customer and any third-party service.
Copilhost further disclaims any liability with respect to the content of such third-party services and the Customer’s use of any information made available through them.
- FORCE MAJEURE AND SIMILAR EVENTS
Copilhost shall not be held liable if the performance of the Subscription or any obligation incumbent upon Copilhost is prevented, restricted, or disrupted as a result of events beyond its reasonable control, including, but not limited to, fire, explosion, failure of transmission networks, collapse of facilities, epidemic, earthquake, flood, power outage, war, embargo, the enactment of new laws restricting the Services, injunctions, requests or requirements from any government or public authority, pandemic, strike, boycott, withdrawal of authorization from a telecommunications operator, inability of a service provider or personnel involved in the provision of the Services to work due to illness or accident, acts or omissions of third parties outside Copilhost’s control, or any other event recognized as force majeure under applicable law or case law.
Copilhost shall notify the Customer within a reasonable time of its inability to perform and, where possible, of the expected duration of such inability.
Force majeure events shall suspend the performance of the Subscription. During such suspension, the Parties shall confer in good faith to determine the conditions under which their contractual relationship may continue.
The occurrence of a force majeure event shall not give rise to any refund of amounts already paid by the Customer, which the Customer expressly acknowledges and accepts.
- TERMINATION
In the event of a breach by either Party of any of its obligations, the other Party may terminate the Subscription by operation of law, fifteen (15) days after formal notice has been sent by registered letter with acknowledgment of receipt and has remained without effect, or immediately in the event of a non-remediable breach, by sending a registered termination notice.
In the event of material breach, either Party reserves the right to terminate the Subscription immediately, at its own risk and responsibility.
Where termination occurs due to a fault attributable to Copilhost, Copilhost shall refund the Customer, on a pro rata basis, any overpaid amounts relating to the relevant Subscription, provided that the Customer demonstrates the existence of a material breach on Copilhost’s part.
Where termination occurs due to a fault attributable to the Customer, the Customer undertakes to pay all amounts due for the period from the termination date until the end of the contractual term, upon receipt of the corresponding invoice, without prejudice to any damages that may be claimed.
- GENERAL PROVISIONS
Severability
If one or more provisions of these Terms are held to be invalid or unenforceable by a court decision, the validity of the remaining provisions shall not be affected. The Parties agree to negotiate in good faith a replacement provision that most closely reflects the original intent.
Survival
Any provisions of these Terms which, expressly or by their nature, are intended to survive termination or expiration of the Subscription shall remain in full force and effect following such termination, expiration, or completion.
Headings
The headings and subheadings of the articles are included for convenience only. By express agreement between the Parties, such headings and subheadings shall not be used to interpret any provision of these Terms.
No Waiver
Except as otherwise expressly provided, the failure of either Party at any time to require performance of any provision of these Terms, or to exercise any right hereunder, shall not be deemed a waiver of such provision or right, nor shall it affect the Party’s right to enforce such provision or right at a later time.
Tolerance
The fact that a Party tolerates any non-performance or imperfect performance of the Subscription, or more generally tolerates any act, omission, or failure by the other Party that is not in compliance with these Terms, shall not confer any right on the Party benefiting from such tolerance.
Independent Contractors
The Parties acknowledge that they act as independent contractors. Nothing in the Contract shall be deemed to create any partnership, joint venture, or association of any kind between the Parties.
Copilhost shall not be deemed to have any authority, mandate, or to provide any guarantee on behalf of the Customer, and shall not incur any liability of any kind arising from the Customer’s use of third-party content or services.
Evidence
Data recorded by the Website and within the Customer Area (including connection logs, IP addresses, and similar records) shall constitute evidence of all facts, acceptances, and transactions relating to the subscription, termination, and renewal of Subscriptions, and more generally to the performance of these Terms.
In particular, the Customer acknowledges and agrees that the electronic record of acceptance of these Terms within Copilhost’s systems shall be binding and admissible as evidence in the event of a dispute.
Such records may be retained by Copilhost until the expiration of the applicable statutory limitation or foreclosure periods for any legal actions that may arise between the Parties.
Governing Law
These Terms shall be governed by and construed in accordance with French law.
- DISPUTE RESOLUTION
In the event of a dispute, the Customer shall first contact Copilhost in order to seek an amicable resolution.
Where difficulties arise in the performance or interpretation of this Agreement, the Customer may have recourse to mediation. The mediator shall act independently and impartially and shall seek to bring the Parties together with a view to reaching an amicable solution.
The Parties remain free to accept or refuse mediation and, where mediation is pursued, to accept or reject the solution proposed by the mediator.
In this respect, any European consumer may submit a complaint via the Online Dispute Resolution (ODR) platform operated by the European Commission, accessible at the following address:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
In the event of difficulties in the performance of this Agreement, any consumer Customer residing in Europe may, prior to initiating legal proceedings, seek the assistance of a consumer mediator identified on the following website:
https://www.economie.gouv.fr/mediation-conso
IN THE EVENT OF A DISPUTE WITH A PROFESSIONAL CUSTOMER, the Parties shall use their best efforts to reach an amicable settlement. Failing such agreement, the courts within the jurisdiction of Copilhost’s registered office shall have exclusive jurisdiction.
19. PERSONAL DATA PROTECTION
In the context of providing its managed WordPress hosting services, Copilhost acts as a data processor within the meaning of Regulation (EU) 2016/679 of April 27, 2016 (the GDPR), on behalf of the Customer, who remains the data controller for the personal data collected and processed through their hosted websites.
The personal data processing operations carried out by Copilhost on behalf of the Customer are governed by the Data Processing Agreement (DPA) available at:
https://copilhost.com/dpa/
This document describes the nature, purposes, duration of the processing, and the security measures implemented.
Copilhost undertakes to ensure the confidentiality, security, and integrity of the hosted data, to process such data only on the documented instructions of the Customer, and to notify any personal data breach in accordance with the GDPR.
Upon termination of the Agreement, Copilhost shall delete the hosted data within a maximum period of thirty (30) days, unless a legal retention obligation applies, in particular for accounting or evidentiary purposes.
The Customer remains responsible for the lawfulness of the processing activities carried out on their own websites and undertakes to inform their users of the processing operations performed and of their rights.
For any questions relating to data protection, Copilhost may be contacted at: contact@copilhost.com
ANNEXE : ACCORD DE SOUS TRAITANCE DE DONNEES A CARACTERE PERSONNEL
- As part of the Subscription, the Customer entrusts Copilhost with the performance of certain data processing operations on its behalf (including data hosting and email services).
- The Customer acts as the sole data controller for the personal data relating to natural persons using the Solution that is transmitted to Copilhost for the purposes of performing the Subscription.
- Unless otherwise instructed by the Customer, the Subscription does not involve any transfer of personal data outside the European Union. The servers provided by Google Cloud are located within the European Union.
- Copilhost processes such data solely on the documented instructions of the Customer and only for the purposes related to the use of the Services provided, as described in the applicable General Terms.
- The Customer acknowledges having reviewed all data processing activities carried out by Copilhost, as described in the Website’s Privacy Policy, and undertakes to obtain any necessary authorizations allowing the compatible reuse of user data for the purpose of improving the Services.
- Upon termination of the Subscription, Copilhost shall under no circumstances use the personal data collected and processed for its own purposes, in particular the data of users of the Solution for commercial prospecting purposes.
- Copilhost does not verify the compliance of the processing activities carried out by the Customer in connection with the use of the Services. In particular, the Customer remains solely responsible for fulfilling its information obligations towards data subjects and for obtaining their consent where required by law (including cookies and trackers, commercial prospecting, processing of sensitive data, etc.).
- The Customer indemnifies Copilhost against any claim arising from the Customer’s failure to comply with its obligations as data controller.
- Where Copilhost considers that an instruction constitutes a breach of applicable data protection regulations, it shall inform the Customer without undue delay.
Copilhost undertakes not to disclose, or allow the disclosure of, personal data to third parties except where otherwise agreed or expressly authorized by the Customer. Copilhost ensures the confidentiality of the personal data processed and guarantees that persons authorized to process such data are subject to confidentiality obligations or appropriate confidentiality agreements and have received adequate data protection training. - Copilhost is subject to an obligation of transparency and traceability with respect to the processing operations it carries out on behalf of the Customer on personal data entrusted to it or collected in the context of the Subscription and its follow-up actions.
- Subject to its intellectual property rights and trade secrets, Copilhost shall make available to the Customer all necessary documentation to demonstrate compliance with its obligations and to allow audits. Such audit rights expressly exclude access to hardware or software owned by Copilhost’s sub-processors. Any audit shall be carried out solely at the Customer’s expense.
- The Subscription may involve transfers of personal data outside the European Union. Copilhost ensures that any such transfer is governed in accordance with applicable regulations, in particular by transfers to countries benefiting from an adequacy decision or by the use of the European Commission’s Standard Contractual Clauses. The servers provided by Google Cloud are located within the European Union.
- At the Customer’s request, Copilhost shall provide a complete list of its sub-processors and any data recipients involved in the Subscription, as well as all relevant information regarding transfers of data outside the European Union carried out for the provision of the Services.
- The Customer acknowledges that the technical and organizational security measures described in the documentation are sufficient with respect to its needs and the processing activities it carries out under the Services.
- Upon termination of the Subscription, or on any other date agreed between the Parties, Copilhost may, at the Customer’s request submitted within two (2) months following the end of the relevant Services, return all processed data via a secure channel. This operation may be subject to separate invoicing not included in the Subscription price (migration option – see data portability conditions).
- To the extent possible, Copilhost shall assist the Customer in fulfilling its obligation to respond to requests from data subjects exercising their rights, including the right of access, rectification, erasure, objection, restriction of processing, data portability, and the right not to be subject to automated individual decision-making (including profiling).
- Copilhost shall promptly forward to the Customer any request received directly from a data subject relating to processing activities carried out as the Customer’s processor. Copilhost is not responsible for responding to data subjects on behalf of the Customer.
- Copilhost shall notify the Customer of any personal data breach within a maximum of twenty-four (24) hours after becoming aware of it. Such notification shall be accompanied by all relevant documentation required to enable the Customer, where necessary, to notify the competent supervisory authority and the affected data subjects and to take the measures required by applicable law. Copilhost is not responsible for making such notifications on behalf of the Customer.
- The Customer indemnifies Copilhost against any claim, of any nature whatsoever, brought against Copilhost by a data subject or any third party due to non-compliance with personal data protection regulations attributable to the Customer in its capacity as data controller, or resulting from a breach of the Service conditions committed by the Customer and/or its own sub-processors or partners involved in the Services.
