PREAMBLE: The ZIWIT company develops and commercializes services including a suite of automated cybersecurity tools for websites and web applications, under the “HTTPCS” trademark. The service is provided to the Customer’s advantage through an SaaS (Software as a Service) solution. No software installation or hardware configuration is required to use the service.
The HTTPCS Suite is made up of four cybersecurity solutions:
A vulnerability scanner intended to remotely audit a website or web application. Once the audit is complete, a report containing all the security breaches and vulnerabilities detected, along with the corrective measures to implement, is drawn up. The user shall take all appropriate measures to fix them.
A web crawler intended to check and guarantee the integrity of a website or web application. The user receives an alert in the event of any fraudulent change, error, virus or malware on their website or web application, along with their external sources.
A continuous monitoring solution to make sure of the availability and accessibility of a website or web application. The user receives an alert if their website in unavailable or in case of web service issues.
A continuous cyber-watch solution of the web, deep web and dark web to identify in real-time if a cyberattack is underway or identify any leak of the user’s data.
These cybersecurity solutions particularly enable to:
Carry out automated and regular security audits to ensure the continuous monitoring of security breaches
Analyze the cyber risks, PCI-DSS and the impacted ISO 27002 standards
Ensure a compliance in accordance with the OWASP guide, the ANSSI good practices, and the CNIL
Provide countermeasures and recommendations through a detailed report
Ensure a real-time customized monitoring for the security and availability of the scanned application
Grant a certification by displaying on the scanned website the seal “HTTP CERTIFIED SECURE”, showing the visitors the high level of security of the website
Ensure a continuous monitoring to be alerted in real-time if a cyberattack is underway or in case of leak of the user’s data
These General Terms and Conditions (hereinafter, “GTC”) detail the conditions under which the ZIWIT company shall provide the HTTPCS Suite to the Customer.
Article: refers to an article of these General Terms and Conditions.
Customer: refers to the Customer of the ZIWIT company, who fully accepts these Terms and Conditions for any Subscription or use of the HTTPCS Suite.
Console: refers to the Customer’s personal area provided via the Internet by the ZIWIT company, in order for the Customer to set up and use the HTTPCS Suite.
Plan: refers to the right of use of one or several cybersecurity solutions from the HTTPCS Suite provided to the Customer by the ZIWIT company.
Credentials: refers to the specific term through which the Customer shall log in to the Console. The Customer set up a username and a password.
HTTPCS Trademark: refers to the community HTTPCS trademark registered by the ZIWIT company to the French National Institute of Industrial Property (INPI) on July 16th, 2013, under the registration number 11986271 and covering the classifications 9, 35, 38, 42 and 45.
HTTPCS Website: refers to the website www.httpcs.com solely owned by the ZIWIT company.
ZIWIT Company: refers to the ZIWIT company, a simplified joint-stock company with a €1,140,000 share capital, registered with the French Trade Register (RCS) of Montpellier under the number 525 202 917, whose headquarters are located in 40, Avenue Théroigne de Méricourt – 34000 MONTPELLIER – FRANCE.
HTTPCS Suite: refers to one or several of the four software solutions (Security, Monitoring, Integrity and Cyber Vigilance) developed and commercialized by the ZIWIT company.
Subscription: refers to the subscription to one or several solutions from the HTTPCS Suite.
These General Terms and Conditions shall solely govern the sales contract of the HTTPCS Suite on the website www.httpcs.com, whose access is free for every user.
The GTC shall be made available to the Customer on the HTTPCS Website, on which they can be read. They can also be provided by phone or email request to the following address: contact@httpcs.com
The GTC shall be opposed to the Customer who confirms having read and accepted them before ordering.
The ZIWIT company reserves the right to change its GTC at any time without prior notice.
In case of variation, the GTC applicable are those in effect on the date of the order. A dated copy can be sent to the Customer on request.
The invalidity of one clause herein shall not result in the invalidity of the GTC.
Any temporary or permanent failure to apply one or several provisions of the GTC by the ZIWIT company shall not constitute a waiver of any other provision of the GTC which continue to have effect.
These GTC constitute the parties’ full agreement and prevail over any other communication or verbal agreement. No one shall modify, amend or waive any provision of the GTC without an agreement written and signed by the ZIWIT company and the Customer.
The Customer acknowledges and agrees that the ZIWIT company can index the Customer’s company name, logo and sector description for marketing or promotional purposes, in particular for any communication service to the public, on paper or electronically.
In case of changes of circumstances which could not have been foreseen when the GTC were concluded and which would make their enforcement prohibitively expensive for one of the parties, a renegotiation of the contractual provisions shall be requested. During the whole negotiation period, the parties shall continue to fulfill all their obligations.
In case of refusal or failure to renegotiate, the parties shall agree on the termination of the contract on the date and under the conditions that they determined, without any right to claim compensation of any kind.
The GTC solely govern the sales contract of the HTTPCS Suite provided by the ZIWIT company.
The GTC shall only apply to natural persons or legal entities who subscribe to the HTTPCS Suite for business use. Consumers and non-professionals are not subjected to the enforcement of these GTC and shall contact the ZIWIT company to get General Terms and Conditions suited to their situation.
After the payment is actually received by the ZIWIT company, the latter shall activate the Customer’s Plan within two (2) business days.
The GTC apply for the whole Subscription period of the Customer to the HTTPCS Suite. They also continue to have effects after canceling the Plan, particularly the provisions about the non-disclosure, personal data and dispute resolution.
The Customer can subscribe to the HTTPCS Suite:
On the internet, on the website www.httpcs.com
By phone at +33 1 85 09 15 09 (toll-free number from mainland France), from Monday to Friday between 9 a.m. and 6 p.m
By e-mail to the following address: sales@httpcs.com
In order to make sure that the order is properly placed and to provide customer follow-up, the Customer shall give some information during Subscription. The Customer shall provide accurate information and shall contact the ZIWIT company as soon as possible to inform it of any changes of circumstances.
For each order placed on the HTTPCS Website, the Customer shall be able to check their order detail and the total price. The Customer can go back to previous pages to correct any mistake or modify their order. The confirmation of order by the Customer implies the acceptance of the GTC and the conclusion of the contract..
An e-mail acknowledging receipt of the Subscription and payment shall be sent by the ZIWIT company as quickly as possible.
Any order modification by the Customer after receiving confirmation of their Subscription is subject to the ZIWIT company’s acceptance. If the ZIWIT company refuses to modify the order, the Customer may not claim any compensation or get a refund of any sum paid.
The ZIWIT company reserves the right to refuse any order for legitimate reasons. In this case, the ZIWIT company shall contact the Customer by any means to let them know. Any order refusal shall not result in the formation of the contract, which prevents the Customer from getting any compensation whatsoever from the ZIWIT company.
All prices on the HTTPCS Website shall be expressed in euro and include the VAT in force on the date of the Subscription. Any change of this rate may be passed on to the price of the HTTPCS Suite.
In case of promotional prices, the ZIWIT company shall apply the promotional price to any order placed during the promotion period.
The ZIWIT company reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.
If the Customer notices a price modification of the HTTPCS Suite, they shall be able to cancel their Subscription in accordance with the provisions laid down in Article 16.
Any order placed on the HTTPCS Website shall be paid immediately to validate the Subscription.
If the Customer decides to subscribe by phone or e-mail, an invoice shall be sent to their contact e-mail address. The Subscription shall be valid after collection of all payments by the ZIWIT company.
The Customer shall pay in full the amounts invoiced by the due date mentioned on the invoice that they received.
The Customer shall pay the amount invoiced via the following payment methods:
By bank transfer
By credit card
By check
By PayPal (only at the express request of the Customer to an Account Manager)
In case of late payment, the ZIWIT company may suspend any ongoing order, without prejudice of any other course of action.
Any unpaid amount by the due date stated on the invoice may automatically result, as from the day after the payment date mentioned on the invoice, in the application of penalties that equal three (3) times the legal rate of interest. The penalties for late payment are payable without any prior reminder notice. A lump-sum compensation, whose amount is mentioned on the invoice, shall also be charged as recovery fees.
The ZIWIT company reserves the right, when the price invoiced is not paid by the due date, to claim fulfillment of the contract or terminate the contract by sending a registered letter with acknowledgement of receipt and to keep, as compensation, any potential deposit paid with the order.
The Console can be accessed through unique Credentials created by the Customer.
If the Customer already has an account on the HTTPCS Website, they can use the same Credentials to log in to the Console. If the Customer does not have an account, they shall create one in order to take out a Subscription on the HTTPCS Website and benefit from their Plan. It falls under the Customer’s responsibility to choose a strong password to avoid any malicious intrusion.
The Customer shall respect the confidentiality of their Credentials. These Credentials shall solely be used to access the HTTPCS Suite in order to guarantee the Customer’s data security. The Credentials shall not be passed on to any third party.
The Customer shall be fully responsible for the use and confidentiality of their Credentials. The Customer shall make sure that only the persons authorized are given access to the Console. The ZIWIT company shall not be liable for any incident that may occur on the Customer’s Console as a result of their negligence.
If the Customer notices a security breach due to an intentional disclosure or misuse of their Credentials, the party shall reset their password. The Customer shall do this, either:
From the HTTPCS Website, by clicking on “Forgot your password?” on the login form
By contacting HTTPCS support using the means of contact laid down in Article 14
Upon their first login to the Console, the Customer shall prove that they are the owner of the website or web application protected by the HTTPCS Suite. In order to do this, they shall carry out the following procedure:
Transfer to the server hosting their website or web application a validation file provided by the ZIWIT company
Add a META tag to the index.html page inside the HEAD block
Get the code provided on the Console and contact the ZIWIT company, which will perform an authentication procedure over the phone
The Customer acknowledges that the Console can be accessed via the Internet network. They know the technical risks that can affect this network and cause slow-downs or impairments, making the connection impossible. The ZIWIT company shall not be liable for any access issue affecting the Console because of network disruptions.
The Customer shall make reasonable use of the Console. They shall use it within the scope of their Plan, only for their professional needs, and shall not provide it to third parties. Any improper use of the Console may give rise to the cancelation of the Customer’s Plan by the ZIWIT company.
The access to the Console may momentarily be interrupted for maintenance or improvement of the service provided to the Customer. The ZIWIT company shall do its utmost to maintain access to the Console during the maintenance period.
For any maintenance operation that might result in a service disruption for at least forty-eight (48) hours, the Customer shall be notified with an e-mail sent to the contact address given to the ZIWIT company.
In case of security breach likely to compromise the security of the services provided to the Customer, the ZIWIT company may, without prior notice, momentarily suspend access to the Console in order to fix the breach as quickly as possible. In this situation, the Customer shall not be entitled to claim compensation, nor hold the ZIWIT company accountable for any reason whatsoever.
The Customer shall be responsible in debt regarding the payment of all the amounts invoiced under their Plan.
The Customer shall comply with all the provisions laid down in these GTC. The Customer acknowledges that they may be liable in case of failure to fulfill their obligations.
Under no circumstances the Customer shall rent, sell or give to any third party the benefits and rights that arise from their Plan, without having obtained the express and written agreement of the ZIWIT company.
The ZIWIT company shall apply all the provisions herein, and particularly let the Customer use their Plan with due diligence. However, it falls under the Customer’s responsibility to make sure that they have an internet access and appropriate equipment to use their Plan.
The Customer may be held liable in case:
Of use of the HTTPCS Suite non expressly authorized in these GTC
Of use of the HTTPCS Suite even though the ZIWIT company recommended to suspend its use after an issue that occurred
Of a use within a different perimeter than the one indicated to the ZIWIT company
Of any damage caused by the Customer’s negligence, or that the Customer could have prevented by resorting to the ZIWIT company’s expertise
Of use of the HTTPCS Suite with a software not provided or endorsed by the ZIWIT company
In any event, the ZIWIT company shall be held liable for any direct, certain and proven damage caused to the Customer..
The Customer shall also hold the ZIWIT company liable in case of:
Non-respect of its obligation of non-disclosure stipulated in Article 13
Non-respect of its obligation regarding the processing of personal data stipulated in Article 18
Non-respect of its obligation of security of the Console
The ZIWIT company shall under no circumstances be held liable for any indirect damage suffered by the Customer which could be caused by the enforcement of the GTC. Some circumstances may be considered as indirect damages, and particularly a loss of gain or profit, loss of chance, commercial damages, the consequences of a complaint or claim from a third party against the Customer.
The ZIWIT company shall not, without any time-limit and without any possible claim for compensation, disclose to a third party any information about the Customer’s business assets or savoir-faire
To this end, the ZIWIT company shall preserve the confidentiality of the information that it found out about the Customer, even unintentionally, using the HTTPCS Suite.
For any trouble experienced regarding the Subscription and the use of the HTTPCS Suite and/or the Console, the Customer shall contact the ZIWIT company:
By e-mail to the following address: assistance@httpcs.com
By phone at +33 1 85 09 15 09 (toll-free number from mainland France) from Monday to Friday between 9 a.m. and 6 p.m
From the Console, in the “Help” section in which the Customer can send a message to the ZIWIT company or schedule a phone appointment with an Account Manager
The ZIWIT company shall endeavor to reply to the Customer’s request as soon as possible.
The ZIWIT company does not guarantee the results of the services provided with the HTTPCS Suite and is only bound by an obligation of due care. The ZIWIT company does not guarantee that the features of the service shall meet the Customer’s requirements.
The parties acknowledge that a software may contain errors and that every error cannot economically be fixed or that it is not always necessary to fix them. Consequently, the ZIWIT company does not guarantee that every breach or error of the HTTPCS Suite shall be fixed.
The Customer may request a cancelation of their Plan at any time if they subscribed to an offer without commitment. In order to do this, the Customer shall contact the ZIWIT company using the means of contact indicated in Article 14 to inform it of their intention to cancel their offer.
In case of cancelation at the Customer’s initiative before the end of the billing period, all payments made are non-refundable, except in case of failure attributable to the ZIWIT company.
In case of failure of one of the parties to fulfill one of their obligations, the other party may, ten (10) days after receiving a formal notice sent via registered letter with acknowledgement of receipt remaining unanswered, cancel their Plan, without any prior notice or legal formality. The party at fault shall not be entitled to claim any compensation whatsoever for terminating these GTC.
The ZIWIT company guarantees that it has the intellectual property rights to conclude this contract.
The ZIWIT company guarantees that the HTTPCS Suite provided to the Customer does not cause damage to any third party’s rights and does not constitute counterfeiting of any existing intellectual works.
Within the scope of their Plan, the Customer shall not have any intellectual property right on the HTTPCS Trademark. The Customer shall have no property or moral right over the HTTPCS Suite or the Console, except for the public policy provisions laid down by the French Intellectual Property Code.
The Customer shall not cause damage to any intellectual property right of the ZIWIT company, particularly regarding:
The ZIWIT company’s copyrights
Any patent registered by the ZIWIT company
The ZIWIT company’s trademarks
The ZIWIT company’s trade secrets
The ZIWIT company’s savoir-faire
Any conception or invention of the ZIWIT company
The source code of the HTTPCS Suite solutions remains confidential and the exclusive property of the ZIWIT company. To this end, the Customer is not entitled to:
The permanent or temporary reproduction of the source code by any means and in any form
The translation, adaptation, arrangement or any other alteration of the Console or HTTPCS Suite.
The correction of any error or bug that the Console or the HTTPCS Suite may contain
Any damage whatsoever caused to an intellectual property right held by the ZIWIT company shall result in a legal action for counterfeiting.
The ZIWIT company shall respect the enforceable regulation regarding the processing of personal data, and particularly, the regulation 2016/679/EU, mentioned as “GDPR”.
For any Subscription to the HTTPCS, the ZIWIT company may process some of the Customer’s personal data. This processing shall lead the ZIWIT company to collect the following personal data:
The Customer’s first and last name
The Customer’s postal address
The Customer’s bank details
The Customer’s phone number
All these data shall be used to pursue the following purposes:
Complete the Customer’s Subscription to the HTTPCS Suite
Provide the best user experience to the Customer
Follow-up on the Customer’s Order
Provide technical support to the Customer
Create internal statistics intended to improve the communication and services provided by the ZIWIT company
The processing relating to the Subscription to the HTTPCS Suite is carried out by the ZIWIT company on the basis of article 6 (1) b) of the European regulation No 2016/670, meaning that the processing is necessary to the performance of this contract to which the Customer is a party.
For any Subscription to the Cyber Vigilance solution, the Customer shall read and accept without reservation these provisions along with the Cyber Vigilance Privacy Policy, made available for free on the HTTPCS Website or on request to an Account Manager.
When it comes to using the Cyber Vigilance solution, the ZIWIT company might find out special categories of personal data, within the meaning of article 9 of the GDPR. Therefore, the Customer expressly consent to having their “sensitive” personal data processed by the ZIWIT company. The consent relating to the processing of special categories of personal data may be given either:
For new Customers, it may be given when Subscribing to the Cyber Vigilance solution
For current Customers, consent may be given through the HTTPCS Console. Otherwise, the Customer who did not expressly consent to the processing of their personal data shall still benefit from the former version of Cyber Vigilance
The special categories of personal data shall be processed on the basis of article 9 (2) a) of the GDPR, i.e. thanks to the express consent given by the Customer. The Customer shall be able to withdraw their consent at any time by contacting the controller of the ZIWIT company in accordance with the means of contact laid down in Article 18.8.
All the information relating to the processing of personal data carried out by the ZIWIT company within the scope of Cyber Vigilance is mentioned in the HTTPCS Privacy Policy, to which the Customer shall expressly consent to use the Cyber Vigilance solution.
In order to fully comply with the provisions laid down by the European General Data Protection Regulation, the ZIWIT company implemented technical and organizational measures within its structure. These measures particularly include:
The implementation of internal procedures pertaining to the steps to process personal data
The compliance of the HTTPCS Suite with the principles of privacy by design and privacy by default
The complete deletion of all the data five (5) years upon termination of the contractual relationship between the Customer and the ZIWIT company, in accordance with the conditions mentioned in Article 18.5
The transparency of the collection, functions and processing of the personal data
The implementation of strict security measures to ensure the protection of the persons’ data, particularly:
The storage of all the data in locations whose access is strictly limited to the persons authorized to process them
The implementation of high security standards in order to provide a high security level of the service provided by the ZIWIT company
The encryption of the communications via TLS
The implementation of good IT practices within the ZIWIT company
Carrying out internal audits on a regular basis in order to check the security of the information systems
The implementation of innovative cybersecurity solutions, including the use of the HTTPCS Suite
The personal data processed by the ZIWIT company are not transferred to a non-Member State of the European Union. However, if a potential transfer outside the European Union were to happen, the ZIWIT company shall make sure that the third country has appropriate safeguards or an adequacy decision ensuring a protection in accordance with the European General Data Protection Regulation.
In case of transfer of their data to a non-Member State of the European Union, the Customer shall be notified by any means.
The Customer’s personal data which have been processed by the ZIWIT company shall be stored for the whole contractual period binding the Customer and the ZIWIT company.
The personal data shall be stored for a period of five (5) years upon termination of the relationship between the parties.
As for the Cyber Vigilance solution, all the special categories of personal data processed by the ZIWIT company shall be deleted during the actual termination of the contract between the Customer and the ZIWIT company.
For any Subscription to the HTTPCS Suite, the processing of the Customer’s personal data may be carried out by processors, for which the ZIWIT company made sure of their compliance with the GDPR.
For any payment with a credit card made during the Subscription to the HTTPCS Suite, the Customer’s bank data shall be processed by Stripe, a secure payment service that took all necessary measures to comply with the GDPR. To this end, this processor concluded the Privacy Shield agreement, authorizing the processing and transfer of personal data to the United States.
For any other potential processor processing the Customer’s personal data, the ZIWIT company shall make sure that the processor provides appropriate safeguard with the GDPR. To this end, the ZIWIT company shall take several measures with the processor, by checking for the presence of appropriate safeguards with the GDPR and by signing a contract with each processor.
Within the meaning of the General Data Protection Regulation, a data breach is the occurrence of a risky situation for the data subjects’ rights and freedoms. This risk is likely to result in a psychological, material and physical damage for the persons, regardless of the cause or the consequences of the breach.
If the ZIWIT company were to undergo a data breach, it shall warn the competent supervisory authority at the latest seventy-two (72) hours after acknowledging the breach.
Upon notifying the competent supervisory authority, the ZIWIT company shall also inform the Customer of the situation by any means, by mentioning:
The cause of the data breach
The potential consequences of the breach for the Customer
The security measures considered by the ZIWIT company to make sure that such a situation does not happen again
In accordance with the provisions laid down in the GDPR, the Customer shall have:
A right of access
A right to be forgotten
A right to object
A right to rectification
A right to erasure
A right to portability
A right to restriction of processing
For any request relating to exercising these rights over their personal data, the Customer shall contact the controller of the ZIWIT company via one of the two following ways:
By sending an email to the following address: dpo@ziwit.com
By sending a letter to the following postal address:
Responsable de traitement de la société ZIWIT - 40, Avenue Théroigne de Méricourt - 34000 Montpellier - France
For any request relating to the exercise of their rights on their personal data, the Customer shall enclose a proof of identity.
The ZIWIT company shall deal with the Customer’s request within one (1) month after receiving it. In the event of a delay or ad hoc overload of requests, the time response may be extended to a period of two (2) months after receiving the request. In this situation, the Customer shall be notified of the delay.
In case of non-satisfactory or lack of response, the Customer may be able to submit a complaint to the competent supervisory authority.
The cases of force majeure are those upheld by legal precedents and the French Civil Code, i.e.:
Any event outside the control of one of the parties which could not have been foreseen at the time the contract was concluded
Any event which could have not been avoided by taking appropriate measures
Any event which is unpredictable, irresistible and outside the control of the parties
The parties agree that the cases of force majeure justify the suspension of the parties’ obligations.
Consequently, neither of the parties shall be held liable for the inexecution, failure or delay regarding the fulfillment of any of their obligations.
The force majeure shall suspend the obligations arising from this contract throughout its application. However, if the force majeure were to last more than three (3) months, this contract shall be terminated by either party, without this termination being considered as faulty.
Termination, in this situation, shall be notified by registered letter with acknowledgment of receipt and shall take effect on the date of receipt of that letter, or failing that, on the date of its first presentation.
The GTC are available in French and English on the HTTPCS Website.
The GTC written in English are only a translation of the French GTC. They are intended to help the Customer understand their obligations. As a result, these GTC may contain some mistakes or mistranslations compared with the original text. When in doubt about the enforcement or the interpretation of these GTC, the Customer shall refer to the French version.
In case of claim or litigation, the French GTC shall prevail.
This contract is subjected to French law, to the exclusion of any other legislation.
In case of any litigation regarding the interpretation or the execution of this contract, the parties shall first try to find an amicable solution through a negotiation conducted in good faith. In order to do this, a party shall send to the other party a registered letter with acknowledgment of receipt to arrange a meeting. In accordance with the terms and conditions agreed between the parties after receiving the registered letter, the meeting shall take place in order to try to reach an agreement.
In case of failure of the negotiation attempt between the parties to solve the dispute, the disagreement opposing the Customer and the ZIWIT company shall be submitted to a mediator who shall try, independently and impartially, to bring the parties together with the aim of finding an amicable solution.
In case of failure of the mediation, the Parties may submit the case to the Commercial Court from the ZIWIT company’s headquarters for any litigation or action, and even in case of a third-party claim.
Any legal action shall be taken within one (1) year after the event giving rise to the damage.
Update date: April 1, 2020
PREAMBLE: The ZIWIT company, specialized in the field of cybersecurity, commercializes Secure Socket Layer Certificates (hereinafter, “SSL Certificates”) from different brands and from different certificate authorities mainly to the advantage of business customers. The SSL Certificates meet the customers’ needs to secure all their communication between a website server and the end-user’s browser.
The ZIWIT company provides various SSL Certificates from different brands and with various options to best meet the Customer’s needs, in particular, but not restrictively:
TrustSign
Comodo
RapidSSL
GeoTrust
Thawte
Digicert
Sectigo
Symantec
In addition, the ZIWIT company develops international partnerships designed for the resale of SSL Certificates.
Lastly, the ZIWIT company keeps on innovating and expanding its product range, which may evolve over time.
Article: refers to an article in these General Terms and Conditions.
Secure Socket Layer Certificate: refers to a digital certificate securing all communications between a website server and an internet browser through an encryption algorithm.
Customer: refers to the Customer of the ZIWIT company, who fully accepts these Terms and Conditions when Ordering an SSL Certificate.
Order: refers the action by which the Customer gets an SSL Certificate from the ZIWIT company for a fee.
HTTPCS Website: refers to the website www.httpcs.com solely owned by the ZIWIT company.
ZIWIT company: refers to the ZIWIT company, a simplified joint-stock company with a €1,140,000 share capital, registered at the French Trade Register (RCS) of Montpellier under the number 525 202 917, whose headquarters are located in 40, Avenue Théroigne de Méricourt, 34000 Montpellier, France.
These General Terms and Conditions shall solely apply to the sale of the SSL Certificates on the HTTPCS Website, whose access is free for every user.
The GTC shall be made available to the Customer on the HTTPCS Website, on which they can be read. They can also be provided on request by phone or by sending an email to the ZIWIT company, whose contact details are mentioned hereunder, in Article 10.
The GTC shall bind the Customer, except for any express and written agreement, who confirms having read and accepted them before ordering.
The ZIWIT company reserves the right to change its GTC at any time without prior notice.
The GTC applicable to the Customer are those in effect on the date of the Order, notwithstanding any variation made after that date. A dated copy can be sent to the Customer on request through the contact details referred to in Article 10.
The invalidity of one provision herein shall not result in the invalidity of the GTC.
If, for any reason whatsoever, one of the provisions were to be null and void, all the other provisions herein shall continue to have effect.
These GTC constitute the parties’ full agreement and prevail over any other communication or verbal agreement. No party shall modify, amend or waive any provision of the GTC without an agreement written and signed by the ZIWIT company and the Customer.
The Customer acknowledges and agrees that the ZIWIT company can index their company, logo and sector description for marketing or promotional purposes, in particular for any communication service to the public on paper or electronically.
In case of changes of circumstances which could not have been foreseen when the GTC were concluded and which would make their enforcement prohibitively expensive for one of the parties, a renegotiation of the contractual provisions shall be requested. During the whole negotiation period, the parties shall continue to fulfill all their obligations.
In case of refusal or failure to renegotiate, the parties shall agree on the termination of the contract on the date and under the conditions that they determined, without any right to claim any kind of compensation.
The GTC shall solely apply to the sale of SSL Certificates sold by the ZIWIT company on the HTTPCS Website.
The GTC shall mainly apply a Customer acting as a trader. Any person who wants to enter into a contract as a consumer or a non-trader must contact the ZIWIT company to get general terms and conditions fitting their situation.
The Customer can Order an SSL Certificate:
On the internet, on the website www.httpcs.com
By phone at +33 1 85 09 15 09 (toll-free number from mainland France) from Monday to Friday between 9 a.m. to 6 p.m
By email to the following address: sales@httpcs.com
When Ordering, the Customer shall provide the ZIWIT company every information required to Order and deliver the SSL Certificate. Some information may be shared with the certificate authority, which will check for accuracy. The purposes of the processing and the provisions pertaining to data protection are referred to in Article 14.
For any Order placed on the HTTPCS Website, the Customer shall be able to check their Order detail and total price. The Customer can go back to the previous pages to correct any mistake or modify their Order. When they confirm their Order, the Customer is deemed to have read and unreservedly accepted these GTC.
An email acknowledging receipt of the Order and payment shall be sent by the ZIWIT company as quickly as possible
Any Order modification by the Customer after receiving a confirmation email is left to the acceptance of the ZIWIT company.
The ZIWIT company shall remain free to refuse the Order modification, without prejudice to the Customer, who shall be liable for all the amounts owed to the ZIWIT company and shall not get any refund of the sums already paid.
For any acceptance or refusal to modify the Order, the Customer shall not be able to claim any compensation whatsoever.
The ZIWIT company reserves the right to refuse any Order for legitimate reasons. In this situation, the ZIWIT company shall contact the Customer by any means to let them know about this refusal, based on the contact details given by the Customer when Ordering.
Any order refusal shall not result in the formation of the contract, which prevents the Customer from getting any compensation whatsoever from the ZIWIT company.
The prices displayed on the HTTPCS Website shall be expressed in euro and include the VAT in force on the date on which the Order was placed. Any change of this rate may be passed on to the price of the SSL Certificates.
In case of promotional prices, the ZIWIT company shall apply the promotional price to any Order placed during the promotion period.
The ZIWIT company reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the Order.
The Orders placed on the HTTPCS Website shall be payed immediately to validate the Order.
The Customer may contact the ZIWIT company by phone or email to request time for payment. Therefore, they agree to pay the amount invoiced by the due date.
The Customer may pay the amount invoiced through the following payment methods:
by bank transfer
by credit card
by check
by PayPal (only at the express request of the Customer to the ZIWIT company)
In case of late payment, the ZIWIT company may suspend all pending Orders, without prejudice to any other way of action.
Any amount not paid by the due date shall give rise, by operation of law, on the day following the due date of the invoice, to late payment penalties that equal three (3) times the legal rate of interest.
The penalties for late payment are payable without any prior reminder notice. A lump-sum compensation, whose amount is mentioned on the invoice, shall also be charged as recovery fees.
The ZIWIT company reserves the right, when the price invoiced is not paid by the due date, to claim fulfillment of the contract or terminate the contract by sending a registered letter with acknowledgment of receipt and to keep, as compensation, any potential deposit paid with the Order.
Upon receiving and validating the Order, the ZIWIT company shall deliver it to the Customer as soon as possible. Depending on the SSL Certificate ordered by the Customer, the delivery time can vary and be subject to verification by the certificate authority on which the ZIWIT has no power or control over.
The delivery time mentioned on the HTTPCS Website is only an average given as an indicative value. Under no circumstances the Customer shall claim any compensation, damages or refund in case of failure to meet the delivery deadline.
Once all the verification steps have been carried out by the certificate authority, the ZIWIT company shall deliver the Order to the Customer as soon as possible.
To get further information on the delivery time, the Customer can get in touch with the ZIWIT company support through the means of contact referred to in Article 10.
The Customer shall be liable and debtor of the payment of all the amounts invoiced for their Order.
The Customer shall comply with all the provisions stipulated in these GTC. They acknowledge that they shall be liable in case of failure to comply with their obligations.
Under no circumstances the Customer shall rent, sell or give to a third-party the benefits that arise from these GTC and the SSL Certificates ordered without receiving an express and written agreement from the ZIWIT company.
The ZIWIT company agrees to apply all the provisions herein. However, it falls under the Customer’s responsibility to make sure that they have an internet access and the equipment required to set up and use the SSL Certificate ordered. The ZIWIT company shall not be liable in case of improper set up by the Customer or incompatibility of the SSL Certificate with their equipment.
The ZIWIT company shall entail liability of the Customer:
For not respecting the provisions mentioned in these GTC
For the occurrence of any damage resulting from the negligence of the Customer, or that they could have prevented by seeking guidance from the ZIWIT company
For using an SSL Certificate through a software not provided or endorsed by the ZIWIT company
For using the SSL Certificate for illegal ends or contrary to the provisions herein
In any case, the ZIWIT company shall be liable for any direct, certain and proven harm caused to the Customer.
The Customer shall also entail the ZIWIT company’s liability:
for not complying with its obligations mentioned in these GTC
for failure to comply with its obligations regarding the processing of personal data stipulated in Article 13
Under no circumstances the ZIWIT company shall be liable for any indirect harm suffered by the Customer that could arise from the existence or during the performance of these GTC. Some circumstances may be considered as indirect damages, and particularly a loss of gain or profit, loss of chance, commercial damages, the consequences of a complaint or claim from a third party against the Customer.
Moreover, it falls under the Customer’s responsibility to make sure that the SSL Certificate ordered meets their need and that it is supported by their IT equipment. Under no circumstances the ZIWIT company shall be liable for a mistake or an unsuccessful set up made by the Customer.
After any Order placed with the ZIWIT company, the Customer benefits from a support throughout the validity of the SSL Certificate ordered. The Customer may contact the ZIWIT company through the following means:
By email to the following address: assistance@httpcs.com
By phone at +33 1 85 09 15 09 (toll-free number from mainland France) from Monday to Friday between 9 a.m. and 6 p.m
Through the “chat” feature available on the HTTPCS Website
The ZIWIT company shall endeavor to reply as soon as possible to the Customer’s requests.
The Customers benefits from a 2-year warranty against hidden defects starting from the day on which the product ordered was delivered, and whose terms and conditions of exercise are governed by ordinary law provisions. Guarantee claims shall be asserted by contacting the ZIWIT company support through the means of contact referred to in Article 10.
In case of failure of one of the parties to comply with one of their obligations, the other one may, within ten (10) days after receiving a registered letter with acknowledgment of receipt remaining unanswered, rightfully terminate the contract binding the parties, without prior notice nor legal formalities. The offending party shall not claim any compensation whatsoever for terminating these GTC.
Upon delivering the Order by the ZIWIT company, the Customer has a thirty (30)-day right of withdrawal. To exercise this right of withdrawal, the Customer shall contact the ZIWIT company support in accordance with the means of contact referred to in Article 10.
The ZIWIT company shall endeavor to answer the Customer’s request as soon as possible.
The ZIWIT company shall apply the enforceable regulation regarding the processing of personal data, and particularly, the regulation 2016/679/EU, referred to as “GDPR” hereunder.
In the interest of providing the best service to the Customer, the ZIWIT company may collect the following information:
Any information necessary to fulfill the Order placed by the Customer, in particular the Customer’s name and contact details
Any information required to meet the Customer’s expectations and needs
Any information about the Customer in order for the ZIWIT company to provide the most appropriate and customized solutions
Subsequent to collecting the data aforementioned, the ZIWIT company shall process these personal data for the following purposes:
Create the customer file of the Customer
Ensure the monitoring, maintenance and management of the service provided to the Customer
Guarantee the best quality of service and the best user experience to the Customer
Create internal statistics intended to improve the communication and the services provided by the ZIWIT company
In order to fully comply with the provisions laid down by the GDPR, the ZIWIT company implemented technical and organizational measures within its structure. These measures particularly include:
The implementation of internal procedures pertaining to the steps to process personal data
The complete deletion of all the data five (5) years upon termination of the contractual relationship between the Customer and the ZIWIT company, in accordance with the conditions mentioned in Article 14.5
The transparency of the collection, the purposes and the processing of the personal data
The implementation of strict security measures to ensure the protection of the persons’ data, particularly:
The storage of all the data in locations whose access is strictly limited to the persons authorized to process them
The implementation of high security standards in order to provide a high security level of the services provided by the ZIWIT company
The encryption of the communications via TLS
The implementation of good IT practices with the ZIWIT company
Carrying out internal audits on a regular basis in order to check the security of the information systems
The implementation of innovative cybersecurity solutions, including the use of the HTTPCS Suite
The personal data processed by the ZIWIT company are not transferred to non-Member States of the European Union. However, if a potential transfer outside the territory of the European Union were to happen, the ZIWIT company shall make sure that the third country has appropriate safeguards or an adequacy decision ensuring a data protection in accordance with the GDPR.
In case of transfer of their data to a non-Member State of the European Union, the Customer shall be notified by any means.
The Customer’s personal data which have been processed by the ZIWIT company shall be stored for the whole contractual period binding the Customer and the ZIWIT company.
The personal data shall be stored for a period of five (5) years upon termination of the contract binding the parties.
Some data may be processed by processors which are all located on the territory of the European Union and comply with the provisions of the GDPR.
The ZIWIT company took all necessary precautions to make sure of the processors’ compliance with the GDPR, particularly by making sure of:
The signature of a processing agreement with each processor
The implementation of strict technical and organizational measures by the processor, in order to guarantee the security of the Customer’s personal data
The regular monitoring of the processor’s compliance with the GDPR
If the ZIWIT company were to transfer some data to a processor not located on the territory of the European Union, it shall notify the Customer by any means as soon as possible.
Within the meaning of the General Data Protection Regulation, a data breach is the occurrence of a risky situation for the data subjects’ rights and freedoms. This risk is likely to result in a psychological, material or physical damage for the persons, regardless of the cause or consequences of the breach.
If the ZIWIT company were to undergo a data breach, it shall warn the competent supervisory authority at the latest seventy-two (72) hours after acknowledging the breach.
Upon notifying the competent supervisory authority, the ZIWIT company shall also inform the Customer of the situation by any means, by mentioning
The cause of the data breach
The potential consequences of the breach for the Customer
The security measures considered by the ZIWIT company to make sure that such a situation does not happen again
In accordance with the General Data Protection Regulation, the Customer has:
a right of access to their data
a right to be forgotten
a right to object
a right to rectification
a right to erasure
a right to portability
a right to restriction
For any request relating to the exercise of their rights, the Customer shall contact the ZIWIT company’s controller by sending a letter to the following address: Société ZIWIT – Monsieur Mohammed BOUMEDIANE – 40, Avenue Théroigne de Méricourt – 34000 Montpellier – France.
For any request relating to the exercise of their rights on their personal data, the Customer shall enclose a proof of identity.
The ZIWIT company shall deal with the Customer’s request within one (1) month after receiving it. In the event of a delay or an ad hoc overload of requests, the time response may be extended to a period of two (2) months after receiving the request. In this situation, the Customer shall be notified of the delay.
The cases of force majeure are those upheld by legal precedents and the French Civil Code, i.e.:
Any event outside the control of one of the parties which could not have been foreseen at the time the contract was concluded
Any event which could not have been avoided by taking appropriate measures
Any event which is unpredictable, irresistible and outside the control of the parties
The parties agree that the cases of force majeure justify the suspension of the parties’ obligations. Consequently, neither of the parties shall be held liable for the execution, failure or delay regarding the fulfillment of any of their obligations.
The force majeure shall suspend the obligations arising from this contract throughout its application. However, if the force majeure were to last more than three (3) months, this contract may be terminated by either party, without this termination being considered as faulty.
Termination, in this situation, shall be notified by registered letter with acknowledgment of receipt and shall take effect on the date of receipt of that letter, or failing that, on the date of its first presentation.
The GTC are available in French and English on the HTTPCS Website.
The GTC written in English are only a translation of the French GTC. They are solely intended to help the Customer understand their obligations. As a result, these GTC may contain some mistakes and mistranslations compared with the original text. When in doubt about the enforcement or the interpretation of these GTC, the Customer shall refer to the French version.
In case of claim or litigation, the French GTC shall prevail.
This contract is subjected to French law, to the exclusion of any other legislation.
In case of any litigation regarding the interpretation or the performance of this contract, the parties shall first try to find an amicable solution through a negotiation conducted in good faith. In order to do this, a party shall send to the other party a registered letter with acknowledgment of receipt to arrange a meeting. In accordance with the terms and conditions agreed between the parties after receiving the registered letter, the meeting shall take place in order to try to reach an agreement.
In case of failure of the negotiation attempt between the parties to solve the dispute, the disagreement opposing the Customer and the ZIWIT company shall be submitted to a mediator who shall try, independently and impartially, to bring the parties together with the aim of finding an amicable solution.
In case of failure of the mediation, the Parties may submit the case to the Commercial Court from the ZIWIT company’s headquarters for any litigation or action, and even in case of a third-party claim.
Any legal action shall be taken within one (1) year after the event giving rise to the damage.
Update date: August 9, 2019
