General Terms and Conditions of Service
Last Updated on December 18th, 2020
This Agreement is entered into between:
- the Juno Hosting Sole Proprietor, a Sole Proprietor under the laws of the United States of America and the state of Illinois, hereinafter called "Juno,"
- and any person or corporation, individual or professional, private or public, wishing to receive one or more services from Juno, and hereinafter called the "Customer".
Customer: Person or corporation, signing on to Juno’s general and specific Agreement terms and conditions in connection with any Service purchased from Juno.
Customer ID: Customer Account for any Service purchased from Juno and giving access to the management interface.
Diagnostic: Research undertaken by Juno at the Customer’s request to identify a malfunction problem of the Service.
Documentation: Juno makes available to its Customer a set of tools and documentation accessible on Juno’s website.
Facilities Management: Specific service performed by Juno at the request of the Customer and billed to the Customer. Incident: Problem or malfunction encountered with the Service and under the responsibility of Juno. The following are considered problems which Juno is liable for: material, network, electrical problems … Management Interface: "Manager" space accessible to the Customer on Juno’s website upon identification by entering Customer ID and corresponding password.
Juno Site: Juno Sole Proprietor’s website accessible athttp://junodevs.tech/
Personal Data: Last name, first name, phone number, address, e-mail address, and all other information disclosed by the Customer in the course of its relationship with Juno as well as any information which may be transmitted by Juno to the judicial authorities.
Service: Means all the services provided by Juno in compliance with the Service agreements entered into by the Customer.
Technical Support: Department in charge of advising the Customer regarding the installation and use of the Service by supplying the required documentation.
SECTION 1: PURPOSE
The Customer acknowledges that he/it has checked the suitability of the Service to his/its needs and that he/it has received from Juno all the information and advice needed to enter into this agreement knowledgeably and willingly. The purpose of this Agreement is to define the legal, technical, and financial conditions of Juno’s agreement with the Customer. These General Terms and Conditions of Service, to which will be added, as applicable, specific terms and conditions and/or schedules proposed by Juno, shall be applicable, at the exclusion of all other terms and conditions, including the terms and conditions of the Customer, to all the Customer’s orders of Service from the Juno Sole Proprietor. The Juno services offered gratuitously are also governed by these General Terms and Conditions of Service.
SECTION 2: JUNO'S OBLIGATIONS
Juno agrees to use all due care and due dispatch to provide a quality Service in compliance with professional standards and the state of the art. Juno only has an obligation of means.
SECTION 3: JUNO’S LIABILITY
Juno shall not be liable in the circumstances described below.: If the performance of this Agreement, or of any of Juno’s obligations under such Agreement, is barred, limited or disrupted due to a fire, an explosion, a failure in the transmission networks, the collapse of the facilities, an epidemic, an earthquake, a flood, a power failure, a war, an embargo, a statute, an injunction, a request or demand from a government, a strike, a boycott, a withdrawal of authorization from the telecommunications operator, or any other circumstances beyond Juno’s reasonable control ("Force Majeure event"), then Juno, subject to a prompt notice to the Customer, shall be relieved from performing his/its obligations within the limits of this inability to act, limitation or disruption, and the Customer shall be likewise relieved from performing his/its obligations to the extent that his/its obligations pertain to the performance of the obligations thus barred, limited or disrupted, subject to such Party thus affected using its best efforts to avoid or mitigate such failure to perform and to both Parties acting promptly once such causes cease to exist or are eliminated. The Party affected by a Force Majeure event shall keep the other Party informed on a regular basis via electronic mail regarding the prognosis of eliminating such Force Majeure event or of recovering from it.
Should the effects of this Force Majeure last more than thirty (30) days, as of the date of notice regarding such event from one Party to the other, the Agreement may be terminated as a matter of right, at the request of one of the Parties, without any right to compensation for either of them.
Or Juno shall not be liable the Customer causes, for example:
- a deterioration of the application;
- the misuse of the terminals by the Customer or his/its clientele, a fault, negligence, omission or failure on his/its part, or non-compliance with the advice given;
- the disclosure or illegal use of the password confidentially given to the Customer;
- fault, negligence or omission of a third party over whom Juno has no control or supervision power;
- a request for a temporary or permanent interruption of the Service from a competent administrative or judicial authority, or upon notice from a third party; or
- the total or partial destruction of information transmitted or stored resulting from errors directly or indirectly attributable to the Customer.
The Customer acknowledges that Juno authorizes other Service users to install their websites and servers in his/its facilities. Juno shall not be liable in any way whatsoever for damages, costs or losses incurred by the Customer (or by his/its own customers) and caused by another Service user’s act, material or failure to act, Juno’s liability in contract, in tort (including negligence) or by statute, or otherwise, to the Customer (or his/its own customers), concerning performance or non-performance, as applicable, of any obligation created under this Agreement, with regard to any claim, shall be limited and shall not, in the aggregate, exceed the total fees paid by the Customer to Juno under this Agreement in the three- (3-) month period immediately preceding the date on which the claim arose. In no event shall Juno be liable for any lost profits, or any special, indirect, consequential, incidental or punitive damages. Juno does not offer any backup for the hosted data. It is therefore the Customer’s responsibility to take all required steps in order to back up his/its data in the event of a loss or deterioration of such data for any reason whatsoever, including reasons not explicitly mentioned hereunder.
SECTION 4: CUSTOMER’S OBLIGATIONS AND LIABILITIES
SECTION 5: TERM AND RENEWAL OF SERVICE
The Service agreement shall be signed for an indefinite term. Juno reserves the right to suspend the Service at any time. Juno shall, to the extent possible, notify in advance the Service users, through a message on the mailing list created in connection with the beta-test, on Juno’s website or forum, or by any other means Juno deems necessary.
5.2. Service Renewal
Juno may possibly not renew its Service at the end of the term. Juno shall make every effort to inform the Customer beforehand regarding this and shall delete all the data stored by the Customer on the Service. The Customer hereby agrees to recover all his/its data prior to the end of the Service term. Any non-payment or irregular payment, meaning incorrect or incomplete amounts in particular, or lacking the required references, or made by any method or procedure not accepted by Juno are not acceptable and will result in rejection by Juno of the registration or renewal request. Concerning renewals paid by cheque, it is up to the Customer to request the renewal with sufficient time for the cheque to be received and processed by Juno prior to expiration of the Service. Juno reminds the Customer that the processing of a payment by cheque may take more than 5 working days in some cases.
SECTION 6: TERMINATION, LIMITATION AND SUSPENSION OF SERVICE
Breach by the Customer of his/its obligations as defined hereunder, including all activities specifically barred while using Juno services and/or any content specifically barred when using Juno services, and/or likely to result in civil and/or criminal liability and/or likely to prejudice a third party’s rights, shall give rise to Juno’s right to immediately cut off the cable and/or interrupt the Customer’s services, without any prior demand, and to immediately terminate the Service, as of right, without prejudice to any other damages Juno may have a right to claim. At the end of the term of this Service, for any reason whatsoever, Juno shall entirely delete all the files on the Customer‘s Service. Juno reserves the right to restrict, limit or suspend its services without prior notice nor indemnity if it appears that the Customer uses the services provided for any activity which violates the terms and conditions of the Agreement with Juno or the Service objectives.
The Service may also be restricted, limited or suspended when the specific terms and conditions applicable to a type of Service offered by Juno provide for such sanctions in the event of a breach. The restriction, limitation or suspension measures shall always be taken in accordance with the seriousness or recurrence of the breach(es), and shall be based on the nature of such breach(es). The Customer agrees in advance that Juno may restrict, limit or suspend the Service offered if Juno receives a notice in that regard from a competent administrative, arbitral or judicial authority, in compliance with the laws and regulations in force. Either Party may terminate the Agreement, as of right and without indemnity, in the case of a Force Majeure event lasting more than thirty (30) days. Juno reserves the right to interrupt the Customer’s Service if such Service endangers the maintenance of security or stability on Juno’s hosting platform. Juno shall, to the extent possible, give the Customer prior notice regarding such interruption. Juno reserves the right to interrupt the Service, as needed, for technical interventions designed to improve its operations, or for maintenance procedures.
SECTION 7: OPERATING CONDITIONS
The Customer hereby acknowledges that bandwidth fluctuations and problems with the access provider could cause a gap in the services provided by the Juno Corporation, which it would be unable to resolve. However, the Service shall be restricted, limited or suspended, as of right, by Juno:
- if it seems that the Customer is using the services provided for any activity whatsoever which is not in compliance with these General Terms and Conditions;
- in compliance with the applicable Specific Terms and Conditions;
- if Juno receives a notice in that regard from a competent administrative, arbitral or judicial authority, in compliance with the appropriate applicable laws, or from a third party;
- if the contact information in the Customer’s account seems to be false, inaccurate or out of date.
SECTION 8: CUSTOMER INFORMATION AND COMPLIANCE WITH SERVICE
SECTION 9: TOLERANCE
The fact that Juno fails to invoke one of the General Terms and Conditions of Service and/or tolerates the violation by the other Party of any of the obligations hereunder shall not be construed as a waiver to invoke in the future any of these Terms and Conditions.
SECTION 10: PERSONAL DATA
Juno reminds the Customer that, while providing the Service to the Customer, Juno may keep some of the Customer’s personal data in compliance with its regulatory and judicial obligations. Information such as “last name, first name, mailing address, e-mail address, phone numbers, and IP connection addresses” shall be kept by Juno during the entire term of the Agreement and up to twelve (12) months after the expiration of the Service. The data transmitted by the Customer shall be kept as long as deemed necessary for evidence purposes. Except as otherwise provided in the Specific Terms and Conditions, Juno shall not disclose nor sell the Customer’s personal data. The Customer agrees that his/its personal data may be stored, handled and transferred by Juno to its affiliates, who shall only have access to such data in order to perform essential functions in the provision of the Service, all in strict compliance with the Customer’s privacy rights. The Customer also acknowledges that Juno may communicate the Customer’s information at the request of administrative, regulatory or judicial authorities.
SECTION 11: AMENDMENTS
The General and Specific Terms and Conditions online take precedence over the printed General and Specific Terms and Conditions. The parties agree that Juno may, as of right, bring changes to its Service simply by informing the Customer through an online notice and/or by amending its General Terms and Conditions online. Any amendment or introduction of new options offered shall be posted online on the Juno Site or sent via e-mail to the Customer. Notwithstanding the provisions of section 6, the Customer shall then have the right to terminate the Agreement within thirty (30) days of the effective date of such amendments.
SECTION 12: GENERAL PROVISIONS
The invalidity of one of the provision of the Service Agreement entered into with Juno, particularly under a law or a regulation or as a result of the final judgment of a court of competent jurisdiction, shall not invalidate the other provisions of such Service Agreement, which will remain in full force and effect. The Parties shall, in such cases, to the extent possible, replace the invalid provision with a valid provision consistent with the spirit and object of the Agreement’s terms and conditions.
The Agreement section headings are inserted solely for reference purposes and do not have any contractual value nor any specific meaning.
12.3 Specific Conditions and Schedules
The Specific Conditions and prospective schedules are incorporated by reference into the General Terms and Conditions of Service and are necessarily incidental thereto. The combination of all these documents is hereunder referred to as the "General Terms and Conditions. " The Customer may consult on Juno’s website all the documents incorporated by reference into this Agreement. Such documents are subject to amendments or updates.
The Juno server’s date and time shall be relied upon as evidence of the exchange of information by e-mail between the Parties. Such information shall be kept by Juno during the entire term of the contractual relationship between the Parties. All notices, communications, and demands provided under the General Terms and Conditions shall be deemed to have been validly delivered if they are sent by registered mail, return receipt requested, to:
- in the case of the Customer: at the mailing and/or e-mail address provided to Juno.
12.5 Advertising and Promotion
Juno may from time to time, in connection with advertisements, events, seminars, and specialized publications within the professional markets, indicate the services provided to the Customer, on its commercial documents and/or in its annual report.
SECTION 13: APPLICABLE LAWS AND JURISDICTION
This Agreement, its interpretation, performance, application, validity, and effects shall be subject to the applicable laws in force in the State of Illinois and in the United States of America, which will govern its provisions, in whole or in part. The Parties hereby agree that all judicial proceedings instituted shall be filed with and heard by the courts having jurisdiction in the judicial district of Illinois of the United States of America, where the Parties elect their current domicile.