Below are set out the specific contractual conditions applicable to each WebSite Builder – E-Shop Builder solution purchased on Enartia:
This Service Order (“SO”) is an integral and substantive part of the General Terms and Conditions of Service (“GTCS”). The GTCS and this SO establish the terms and conditions for the provision of the WebSite Builder – E-Shop Builder Service (hereinafter “Service”) by Enartia Single Member S.A. (hereinafter “Enartia” or “Company”) to the Customer.
Terms with initial capital letters used in this SO have the same meaning as defined in the GTCS. The commercial offer published online on the Enartia’s websites (www.enartia.com, https://web.papaki.com/?lang=en) forms an integral part of these conditions.
Where “Website” is mentioned, it refers to the website of the Enartia brand “Papaki” https://web.papaki.com/?lang=en.
1 – Description of the Service Order: WebSite Builder-E-Shop Builder
The WebSite Builder-E-Shop Builder Service allows the Customer to create, update, and publish a website through an online management panel without the need to install additional programs.
The Customer uses the Service via a web space assigned to them, accessible through a web browser and an internet connection.
The service is offered in various solutions, whose features and pricing are available and regularly updated on the Website.
Enartia reserves the right to offer promotional deals during the contract period, which will be advertised and must be accepted under the terms and conditions indicated on the Website.
The free Trial Service, when provided, allows the Customer to create a website on a third-level domain and use the Service free of charge for a limited period, as indicated on the Website. Enartia may suspend or terminate the Trial Service at any time without prior notice. The terms for the Trial are governed by Enartia’s GTCS. The Company cannot guarantee that the option of free Trial for the product will always be available.
The WebSite Builder – E-Shop Builder service can be activated on a specific domain purchased by the Customer or on a Enartia third-level domain.
Enartia does not guarantee the availability or usability of the chosen domain name.
Associating the WebSite Builder – E-Shop Builder service with a domain that already contains content will result in the previous content being replaced by the new WebSite Builder – E-Shop Builder content, since they are hosted in separate environments. The previous content can be restored by changing the DNS settings.
The Customer acknowledges that they are purchasing a non-exclusive, non-transferable license to use the software, valid only for the subscribed duration.
2 – Service Conditions
DOMAIN NAME: The WebSite Builder – E-Shop Builder Service is activated on a third-level Enartia domain and may be linked to a second-level domain owned by the Customer, managed by Enartia as Maintainer, Registrar, or Reseller.
STORAGE SPACE: The memory limit is as specified in the online offer and cannot be exceeded. Additional storage can be purchased only through an upgrade. If the memory limit is exceeded, site changes will not be published until the upgrade is completed, or space is freed.
TRAFFIC LIMITATIONS: The WebSite Builder – E-Shop Builder Service includes a monthly bandwidth traffic limit and a maximum number of monthly page views as specified in the commercial offer. In the event that the Customer exceeds such limits, it will be necessary to upgrade the Package and the related fees accordingly. Failing such an upgrade, Enartia shall not be held liable for any website malfunction or service unavailability. Should the Customer exceed the defined limits, Enartia reserves the right to suspend the service until the Customer either returns within the agreed limits or completes the required upgrade. If, following Enartia’s request, the Customer does not proceed as indicated, Enartia shall be entitled to terminate the contract due to the Customer’s breach and fault, without prejudice to the right to claim compensation for any damages incurred.
Furthermore, the Customer must ensure that CPU usage remains in line with the average usage for shared hosting, which is approximately 0.5% of the total capacity. In any case, peak CPU usage must not exceed 3% of the machine’s total capacity. In such cases as well, Enartia reserves the right to suspend the Service, and, following a request to comply with the specified limits, should the Customer fail to do so, Enartia shall be entitled to terminate the contract, without prejudice to the right to claim damages.
PAGE LIMITATIONS: The Service includes a limit on the number of pages that may compose the website created by the Customer. Upon reaching the stated limit, as specified in the Package purchased by the Customer and published online, the Customer shall not be able to add or create further pages on their website unless they upgrade their service by purchasing a higher-tier package.
In the event that the Customer exceeds the features of the most comprehensive Package—such as web space or maximum transferable traffic—the Customer may contact Enartia to receive a custom offer tailored to their specific needs.
DATA STORAGE: The Customer acknowledges and accepts the existence of log files, and the use of cookies related to the use of the Service, which are generated and/or retained by Enartia in accordance with all applicable laws and regulations, for the maximum period permitted under current legislation. The contents of the log files are confidential and may be disclosed by Enartia only upon request by the competent authorities and in compliance with applicable laws.
The Customer further acknowledges and agrees that Enartia shall have the right to store material and to disclose it to third parties where required by law or by an authority, or where necessary in order to:
- comply with legal proceedings;
- enforce the General Terms and Conditions;
- respond to claims that the material infringes the rights of third parties;
- Preserve the rights, assets, and safety of Enartia, its affiliates, contractors, and Customers.
CONTENT RULES: Enartia does not monitor the contents of the Customer’s web space, and the Customer remains solely responsible for the content and materials published on their website. The Customer undertakes to comply with all applicable laws and regulations, and in particular agrees not to publish any content that is pornographic or child-pornographic in nature, defamatory, damaging to the image of others, or in violation of third-party copyrights.
All content made available to the Customer as part of the Service—such as, by way of example but not limited to, images, graphics, backgrounds, videos, music, templates, structures, etc. (hereinafter referred to as “Content”)—remains the exclusive property of their respective owners and/or the Service provider. The Customer acknowledges and agrees that they shall not acquire any ownership rights over such Content and may only use it:
(i) within the scope of the Service;
(ii) online, meaning within the Enartia platform dedicated to the Service; and
(iii) only for the duration of the Service.
The Customer commits to respect the copyright related to the Content, as defined by applicable laws and regulations. In this regard, the Customer acknowledges and agrees that any reproduction of the Content in any form is strictly prohibited unless expressly authorized by the rights holder.
Upon expiration of the license, for any reason, the Customer expressly agrees to immediately cease any use of the Content and to destroy any remaining copies in their possession.
LIABILITY OF ENARTIA: The Service shall be available 24 hours a day, seven (7) days a week, except during any suspensions required for maintenance activities. Enartia shall not be held liable for any service interruptions and undertakes to restore the Service as quickly as possible in the event of disruption.
Enartia reserves the right to suspend the provision of the Service at any time if justified by security needs and/or confidentiality concerns, in which case the Customer shall be duly informed.
Enartia shall in no event be held liable for any malfunction or interruption of the Service arising from circumstances beyond its reasonable control, including but not limited to:
- force majeure events;
- events caused by third parties, such as, by way of example, interruptions or failures of telecommunications services and/or power lines, or acts or omissions by the relevant Registration Authorities;
- malfunction of terminals or other communication systems used by the Customer.
CLAIMS: The Customer must report any irregularities or issues with the Service by registered letter of return receipt within 48 hours of their occurrence. Failure to report in the manner and within the time frame specified shall release Enartia from any liability.
EQUIPMENT: Enartia does not provide any hardware or equipment to the Customer.
3 – Duration of Service
This Service Order (“SO”), depending on the option selected by the Customer during the purchase process or subsequently via their control panel, may expire (a) with or (b) without autorenewal.
a) Autorenewal
In the case of expiry with autorenewal and payment by debit or credit card or PayPal, the fees set forth under the article “Fees and Payments” will be charged by Enartia to the Customer’s credit or debit card or PayPal, in accordance with the applicable terms and conditions in force at the time of renewal, as specified in the control panel, and following prior email notification. If Enartia is unable to complete the charge, the contract shall not be renewed tacitly and shall automatically expire on the due date. In this case, the Customer may renew the Service by following the procedure described under section (b).
b) Without auto-renewal
In the case of expiry without auto-renewal, the Customer may request Enartia, via the online procedure provided by Enartia, to renew the Service governed by this Service Order for additional periods, within the deadlines indicated in the Customer’s control panel and according to the technical and economic conditions in force at the time of the renewal, by completing the applicable renewal procedure. In the event of failure to renew within the aforementioned timeframes and in the specified manner, this Service Order shall automatically terminate upon its expiration, without any requirement for further communication by Enartia.
In all cases of contract termination as described above, in addition to deactivation of the features included in the offer, all data and materials entered by the Customer and stored on the servers of Enartia will be permanently deleted, with Enartia assuming no responsibility for the preservation and/or backup of such data. Therefore, it is the Customer’s sole responsibility to back up such data to an external medium prior to the expiration date should they not intend to renew the Service.
4 – Fees and Payments
The Fees for the provision of the requested Service are those specified in the commercial offer.
The provision of the Service shall be deemed agreed upon from the moment the applicable fee is paid by the Customer using the payment method indicated in the commercial offer.
The renewal price shall be the list price applied by Enartia at the time of the Customer’s renewal request, as displayed in the control panel.
5 – Right of Withdrawal
5.1 For natural persons acting as consumers, a right of withdrawal is provided within fourteen (14) calendar days from the conclusion of the contract, in accordance with applicable law, unless a legal exception applies.
5.2 For legal entities or natural persons acting in the course of a professional or business activity, no right of withdrawal is provided.
5.3. In the event of a valid exercise of the right of withdrawal, Enartia shall refund the amounts paid, in accordance with the procedures and conditions set forth in the General Terms of Use.