2. The Service
The Company FREELAND GROUP SAS, a company under French law, with an address for service at 18 rue de la ville l'Évèque 75008 paris France, registered with RCS in Paris under number Paris B 788641348. The Company has created a new website builder that let Users build their Website through conversation. It allows all types of professionals to create a personalized website with the features they need to promote their activities online. The inscription, the creation and the updates of Website, and termination are from the website Heek.com. Websites are then ither accessible from an Heek.com address, a domain name Clients can acquire through the Service, or a domain name they already possess.
The User or the Client, by using the Service, has a strictly personal, non-exclusive and non-transferable license to use the Service. The account is created, and where relevant, the Subscription, with no geographical restriction attached to it. The User or the Client may share the administration of site with third parties, after the subscription has been purchased, but it will be assured beforehand of all the rights and all the permissions required to do so.
3. Acceptance of the Terms and Conditions
Any use of the Service constitutes acceptance of these Terms and Conditions which is the only contractual agreement between the User or the Client and the Company.
The Service is exclusive for professionals. The User or the Client, by registering on the website acknowledges that they have all the rights and authorizations to create a site for the entity which it represents or claims to represent. The Company is not responsible in any way in the event of a dispute between a User and a third party or company.
5. Registering for a free trial
The User or the Client, by registering for the Service, has access to all features excluding the publication and domain name registration. The trial is not limited in time.
6. Subscription to an Account
The User who uses a free trial can at any time change its free account to a paid subscription by updating its subscription plan. Rates and content of Subscriptions are available on the page https://www.heek.com/pricing and are subjects to changes.
Payment is due for each month on an ongoing basis, and for the whole month. The payment is made every month or every year - from the date of signing up to a Subscription. The Subscription is indefinite and is automatically renewed every month or every year until it is cancelled by the Client. The Subscription can be cancelled at any time in the account section or with a simple email on the support interface. For a monthly or yearly Subscription, the Client can ask for a refund until the 14th day of the subscription. After 14 days, the Service will not be obliged to refund the Customer, but will analyze the requests on a case by case basis.
In case of a All Inclusive Subscription, the payment can be done in one time or in three times, one payment every month for three months.
The photo shoot is realized by a partner and is offered in the All Inclusive plan. No claim relative to the execution of the photo shoot can be made to Heek.
The photo shoot is realized in the cities that are covered by our partner. The list of the covered cities is available at this address: https://www.meero.com. No claim can be done to Heek if the city of the Client is not covered by our partner.
After the subscription to the All Inclusive plan, the Client will receive an access to the our partner service to book a photo shoot. In case of cancellation or of a postponment 24h before the photo shoot, the Client will have to pay $50 (tax excluded) to be able to reschedule it.
No claim or modification to the photos delivered can be made to Heek or to his partner. The Client will own the photos and may dispose of them as he wishes.
8. Domain name
The domain name registred by the Client throught the Service is administered by the Company. However, the administration credentials can be transmitted to the Client on a simple request.
In case of a paid subscription termination, if the Client has reserved a domain throught the Service, if it is offered in an annual subscription, the Client will be refunded of the difference between the annual subscription and the price of the domain name.
Some subscription offers include a domain name for free for the first year. The domain name will be invoiced on the second year, at the anniversary date of the domain name registration.
9. Intellectual Property
The User or the Client is the owner of the files and original creations (text, photo and video) which are used in relation to the Service, and rent the Service as well as use the site format. The Company is the exclusive owner of the Service, sites and all of the elements which compose it: Interface, Design, Software, Brand, Website, Database, Applications, Framework and Concept.
The User or the Client acknowledges to the Company the non-exclusive right to reproduce, treat, qualify and enhance the data and the files, with a view to improving the service, processing statistical data and sharing recommendations based on statistical findings.
The use of the brand Heek, its logos, names and domains is not permitted except with the express written consent of the Company. The reproduction of software, source code and the visual content on www.Heek.com is strictly forbidden without the express written consent of the Company.
L’Utilisateur ou le Client autorise expressément la Société à faire mention de son nom, ainsi que de son site internet, à titre de références commerciales et à les reproduire sur ses documents promotionnels.
10. Availability of the Service
The Service is available on the website www.Heek.com and published sites are available on heek.com or on a domain names. The Company and the company hosting the content make the best efforts utmost to ensure an uninterrupted service, which is free from technical defects, failures and potential bugs. However, the User or the Client is aware of the technical problems with its maintenance, and which the Internet and technology in general are dependent, as well as technical interruptions which can result.
Heek undertakes to use its best efforts, in any case the Company shall not be held liable for the effect of an error in using the service, technical interruptions, delays, problems or changes associated in Hosting , the APIs used and social networks on which the Website appears.
The Company cannot be held liable for any changes, modifications, interruptions of any kind, for any changes, modifications or interruptions of any type which come from third party services such as Amazon Web Services, or connected by API services. Therefore, no refund can be granted on this basis.
The User or the Client bears sole liability for the content which it uses, its use of the Service, the data it collects and the manner in which it uses it. It bears sole liability over the law and in using the Service guarantees it is complying with the applicable laws of its country of incorporation and the country where the Service is being used. The Company reserves the right to ban the Service and delete all the data of any User or Client who fails to comply with the Terms and Conditions or the applicable laws in the country of operation.
The Company shall not be held liable to others, the User or the Client, for any damages, whether caused directly or indirectly by using the Service. The Company provides third-party tools to communicate online, and can make technical changes to the content and indexation. In no event is the Company involved in the creation and selection of the distributed content.
12. Governing law and jurisdiction
The Terms and Conditions, use of the Site and the Service are governed by French law . The service is exclusively provided for professionals. The Paris Tribunal has the exclusive jurisdiction to hear any disputes between the parties in relation to the Terms and Conditions, the use of the Service, or the execution, termination or expiration of the contract.