General Terms and Conditions of Use and Sale

In these General Terms, the following terms, when used with a capital letter, have the meaning attributed to them below:

"Client"

: means any User who has subscribed to one or more Services offered by SMASH.

"User Account"

: means the personal space created by the User on the Site, allowing them to access the Services and manage their information.

"Consumer"

: means any natural person acting for purposes outside the scope of their commercial, industrial, craft, liberal or agricultural activity, within the meaning of Monegasque law.

"Credentials"

: means all login information (email address and password) allowing the User to access their User Account.

"NIC Monaco"

: means the Network Information Centre of Monaco, the organization in charge of managing the official registry of .mc domain names (ccTLD .mc).

"Professional"

: means any natural or legal person, public or private, acting within the scope of their commercial, industrial, craft, liberal or agricultural activity.

"Services"

: means all services offered by SMASH via the Site, including in particular the SMASH DNS service and the SMASH Mail service.

"Site"

: means the website accessible at smash.mc, operated by SMASH.

"SMASH DNS"

: means the domain name management service offered by SMASH, including (i) the registration and management of .mc domain names, and (ii) the migration and management of domain names registered with third-party registrars (.fr, .com, etc.) on SMASH's infrastructure.

"SMASH Mail"

: means the professional email service offered by SMASH.

"WHOIS"

: means the public database containing information relating to domain name holders, as maintained by NIC Monaco for .mc domain names.

The purpose of these General Terms is to define the conditions under which SMASH makes the Site and the Services available to the User, as well as the rights and obligations of the Parties in this context.

These General Terms apply to any access to the Site and any use of the Services, whether the User is a Consumer or a Professional. Provisions specific to either of these categories are expressly identified as such.

Acceptance of these General Terms entails acceptance of all their stipulations. Users who do not accept these General Terms must refrain from using the Site and the Services.

These General Terms prevail over any other document issued by the User, unless otherwise agreed in writing by SMASH.

3.1. Access conditions

Access to the Site is free of charge. Consulting information relating to SMASH and its Services does not require the creation of a User Account. Subscription to a Service and placing orders are subject to the prior creation of a User Account.

3.2. Creation of the User Account

The User declares and warrants:

• to be at least eighteen (18) years of age or to have the legal capacity required to contract;
• to provide accurate, complete and up-to-date information when creating their User Account, in particular a valid and unique email address;
• to update without delay any information that has become inaccurate or incomplete.

3.3. Credentials and account security

The User is solely responsible for the confidentiality of their Credentials and for any action carried out from their User Account. Any use of the Account using the User's Credentials is deemed to have been carried out by the User or by a duly authorized person.

The User undertakes to inform SMASH without delay of any unauthorized use of their Account or any breach of the security of their Credentials. SMASH cannot be held responsible for the consequences of unauthorized access to the Account resulting from the User's negligence in safeguarding their Credentials.

4.1. General presentation

The SMASH Site allows in particular:

• consulting information relating to SMASH and its Services;
• creating and managing a User Account;
• subscribing online to the Services marketed by SMASH;
• managing subscribed Services from the personal space;
• contacting SMASH technical support.

4.2. SMASH DNS Services – .mc domain names

SMASH acts as an accredited registrar in Monaco for the registration and management of domain names under the .mc extension (ccTLD of the Principality of Monaco).

The SMASH DNS service for .mc domain names includes the reservation, registration, management, renewal, transfer and technical administration of .mc domain names.

The registration of .mc domain names is subject to the rules, procedures, naming policies and administrative requirements established by NIC Monaco, the official registry of the .mc ccTLD. The Client acknowledges having read these rules and undertakes to comply with them. In case of contradiction between these General Terms and the rules of NIC Monaco, the latter shall prevail.

The specific provisions applicable to .mc domain names are detailed in Article 13 of these General Terms.

4.3. SMASH DNS Service – Migration and management of third-party domain names

SMASH offers a service for migrating and managing domain names registered with third-party registrars (including .fr, .com, .net, .org and any other extension). SMASH does not act as a registrar for these extensions.

The User retains ownership and management of their domain name with the third-party registrar of their choice. The SMASH DNS service allows the User to deploy and manage their third-party domain name on SMASH's technical infrastructure, in order to benefit from associated services such as SMASH Mail or the centralized management of their domains from Monaco.

Upon subscription to the SMASH DNS service for a third-party domain name and full payment of the price, the domain name is automatically and immediately deployed on SMASH's infrastructure, allowing immediate configuration by the User.

The User acknowledges and accepts that this automatic and immediate deployment constitutes the beginning of performance of the Service within the meaning of Monegasque law, with the resulting consequences with regard to the right of withdrawal, as specified in Article 9 of these General Terms.

5.1. Prices

Service prices are displayed on the Site and expressed in euros. The displayed price includes all fees necessary for the provision of the Service, in accordance with applicable Monegasque regulations. SMASH reserves the right to modify its prices at any time. The applicable prices are those in force on the day the User validates the order.

5.2. Payment terms

Payment is made exclusively online, by the payment methods accepted and indicated on the Site. Full payment of the price is due at the time of order validation. No order will be processed until payment has been received in full by SMASH.

5.3. Invoicing

An invoice compliant with Monegasque legal provisions is made available to the Client in their personal space after receipt of payment.

5.4. Additional services on quote

Any request for a service not included in the standard Services (personalized support, advanced configuration, exceptional technical intervention) is subject to a preliminary study, a quote and the express acceptance of the Client before execution.

5.5. Price modifications

SMASH may adjust its prices, in particular in case of modification of the pricing conditions imposed by NIC Monaco or by any third-party supplier. The new prices apply to any order placed after their publication on the Site. Ongoing Services are not affected by a price modification during their period of validity.

Orders for a Service are placed exclusively online via the Site, according to the following process:

• selection of the desired Service by the User;
• verification of the order summary and total price;
• acceptance of these General Terms by checking a box;
• validation and payment of the order.

Validation of the order by the User, accompanied by full payment, constitutes irrevocable acceptance of the order and forms the conclusion of the contract between the Parties.

SMASH sends the User an order confirmation by email to the address associated with the User Account. This confirmation summarizes the essential elements of the order.

SMASH reserves the right to refuse any order for legitimate reasons, in particular in case of manifestly inaccurate data, suspended account or suspicion of fraud.

The User undertakes to use the Site and Services in accordance with these General Terms, the laws and regulations in force in the Principality of Monaco and, where applicable, the specific conditions applicable to each Service.

In particular, the User is prohibited from:

• impersonating a third party or providing false or misleading information;
• attempting to access a User Account other than their own;
• interfering with the operation, security or integrity of the Site or SMASH's infrastructure;
• using the Site or Services for fraudulent, illegal or contrary to public order purposes;
• transmitting any defamatory, illegal, malicious content, or content infringing the rights of third parties;
• introducing viruses, malicious code or any element likely to harm the Site or SMASH's systems.

SMASH reserves the right to suspend or delete, without notice or compensation, any User Account in case of breach of the obligations provided for in this article.

SMASH undertakes to implement reasonable means to ensure the proper functioning of the Site and the provision of the subscribed Services. SMASH's obligations under these terms constitute best efforts obligations, unless expressly stipulated otherwise;

SMASH implements reasonable technical and organizational measures to ensure the security and availability of the Site and Services.

Access to the Site may be temporarily interrupted for maintenance, technical updates or due to circumstances beyond SMASH's control. SMASH strives to limit the duration and frequency of these interruptions and, as far as possible, to inform Users in advance.

9.1. Provisions applicable to Consumers

In accordance with applicable Monegasque legislation, the Consumer Client has a period of seven (7) clear days from the conclusion of the online contract to exercise their right of withdrawal, without having to justify a reason or bear any penalty. The withdrawal request must be sent to SMASH in writing, by registered mail with acknowledgement of receipt or by any means allowing acknowledgement of receipt, to the address of SMASH's registered office or by email to the address indicated on the Site.

9.2. Exclusion of the right of withdrawal – .mc domain names

The registration of a .mc domain name constitutes a service whose execution begins immediately upon transmission of the request to NIC Monaco. This procedure is irreversible from the moment it is initiated.

Consequently, the Client acknowledges and accepts that, as soon as SMASH initiates the registration procedure with NIC Monaco:

• performance of the Service is deemed to have begun;
• the right of withdrawal can no longer be exercised.

In case of refusal of registration by NIC Monaco, the contract is deemed to have produced no effect. SMASH shall fully refund the sums paid by the Client or, at the Client's request, shall proceed at no additional cost with a new registration request for another domain name compliant with the registry's rules. No additional compensation may be claimed.

9.3. Express waiver of the right of withdrawal – SMASH DNS Service (third-party domain names)

The Consumer Client is informed that the SMASH DNS service for third-party domain names (.fr, .com, etc.) involves the automatic and immediate deployment of the domain name on SMASH's infrastructure upon payment of the order. This deployment constitutes the beginning of performance of the Service.

In accordance with applicable Monegasque law, the Consumer Client must expressly consent to the immediate performance of the Service and waive their right of withdrawal at the time of order validation, by means of a dedicated checkbox bearing the following statement or a substantially equivalent statement: "I expressly request the immediate execution of the SMASH DNS service and I acknowledge waiving my right of withdrawal as from the deployment of my domain name on SMASH's infrastructure."

9.4. Provisions applicable to Professionals

The right of withdrawal provided for in this article only benefits Consumer Clients. Professional Clients do not have any right of withdrawal.

10.1. Duration of Services

Services are subscribed for the duration indicated at the time of order. .mc domain names are registered for a period of one (1) year. Other Services are subscribed for the duration specified in the order summary.

10.2. Renewal

The Client is solely responsible for monitoring the expiration dates of their Services. For .mc domain names, SMASH sends notifications to the billing contact at the following intervals: thirty (30) days, fifteen (15) days, five (5) days before expiration, and on the day of expiration. Without full payment of the renewal before expiration, the domain name is not renewed and follows the procedures of NIC Monaco (suspension then deletion). SMASH does not guarantee the recovery of an expired domain name.

10.3. Termination by the User

The User may at any time permanently delete their User Account from their personal space. The deletion of the Account results in the immediate termination of access to the Services, subject to settlement of ongoing contractual obligations. Termination does not entitle the User to any refund of sums already paid, unless otherwise provided for in these terms.

10.4. Termination by SMASH

SMASH may suspend or terminate the User Account, with or without notice, in case: (a) of violation of these General Terms; (b) of fraudulent or illegal use of the Site or Services; (c) of provision of false or inaccurate information; (d) of non-payment of sums due; (e) of non-compliance with contractual obligations. Termination by SMASH does not entitle the User to any compensation.

10.5. Effect of termination

Termination of the Account, whatever the cause, does not affect the rights and obligations of the Parties arising prior to the termination date. Clauses intended to survive termination retain their full effect, in particular clauses relating to intellectual property, limitation of liability, applicable law and competent jurisdiction. Certain data may be retained by SMASH in accordance with its legal retention obligations.

All elements of the Site (text, graphics, software, photographs, images, videos, sounds, plans, logos, trademarks, domain names, databases and any other element) are the exclusive property of SMASH or its licensors and are protected by Monegasque legal provisions and international conventions relating to intellectual property.

Any reproduction, representation, distribution, adaptation, modification or exploitation, in whole or in part, of the Site content or any element belonging to SMASH, by any means, is strictly prohibited without the prior written authorization of SMASH.

SMASH's denominations, logos, trademarks and distinctive signs are the exclusive property of NUMERICA SARL. Their use without prior written authorization is prohibited and constitutes infringement punishable under applicable legislation.

The User retains intellectual property rights over the content they transmit via the Site. They grant SMASH a non-exclusive, free license, limited to the duration of the contract, for the sole purpose of providing the Services.

Personal data collected by SMASH is processed in accordance with applicable Monegasque legislation on the protection of personal data, in particular Law No. 1.565.

Personal data is necessary for the creation and management of the User Account, the provision of Services, billing and management of the commercial relationship.

The terms of collection, processing, retention and exercise of the User's rights over their personal data are detailed in the Privacy Policy accessible on the Site, which forms an integral part of these General Terms.

For .mc domain names, the holder's data (identity, email address, etc.) is transmitted to NIC Monaco and published in the WHOIS database, in accordance with the registry's rules. The Client is expressly informed of this and consents to it.

The Site may use cookies and similar technologies to improve user experience, perform usage statistics and ensure the proper functioning of the Services. The User is informed of the purpose of cookies and may accept, refuse or configure the use of cookies in accordance with the cookie policy accessible on the Site and applicable Monegasque legal provisions.

13.1. NIC Monaco rules

.mc domain names are subject to the rules, procedures, naming policies and administrative requirements established by NIC Monaco (which evolve over time). The Client acknowledges having read these rules and undertakes to fully comply with them. In case of contradiction between these General Terms and the rules of NIC Monaco, the latter shall prevail.

13.2. Registration and availability

The Client may request the registration of a .mc domain name via their SMASH personal space. Registration is subject to the availability of the chosen name, compliance with the eligibility rules imposed by NIC Monaco and final validation by the registry. SMASH does not guarantee the availability of a domain name before official confirmation by NIC Monaco.

In case of unavailability or refusal of registration by the registry, the order is cancelled, the sums paid are fully refunded and no additional compensation may be claimed.

13.3. Holder's data and WHOIS obligations

The Client undertakes to provide accurate, complete and current information for the registration of the domain name, and to update it within a maximum period of fifteen (15) days in case of modification. NIC Monaco may suspend or delete a domain name in case of false, inaccurate or incomplete information, failure to update, or non-response by the holder to verification requests. The Client assumes full responsibility for the consequences of any inaccuracy.

13.4. Reversibility and transfer

The Client may request the transfer of their .mc domain name to another service provider, subject to compliance with NIC Monaco rules. SMASH does not oppose an outgoing transfer provided that the Client has paid all sums due. No fees are charged by SMASH for an outgoing transfer. The initial one (1) year commitment, or the remaining portion, does not entitle the Client to any refund.

13.5. Prohibited uses

The Client undertakes not to use their .mc domain name for activities contrary to Monegasque law, public order or morality, or to the rules of NIC Monaco. In particular, the following are prohibited: phishing, fraud, distribution of malicious software, dissemination of illegal content or content infringing the rights of third parties, fraudulent activities and identity theft. NIC Monaco may suspend or delete the domain name in case of breach.

13.6. License of use

The Client may grant a third party a license to use their .mc domain name. This license does not constitute a transfer of ownership: the Client remains the official holder and remains responsible to SMASH and NIC Monaco for any use of the domain name.

13.7. Disputes relating to .mc domain names

Disputes relating to a .mc domain name are subject to the procedures provided for by Monegasque law. The Client accepts that decisions concerning disputes are fully enforceable against them.

13.8. Suspension and deletion

A .mc domain name may be suspended or deleted by SMASH or by NIC Monaco in case of non-compliance with the registry's rules, non-payment, inaccurate WHOIS data, illegal or abusive use, or judicial or administrative decision of the Monegasque jurisdictions.

14.1. Liability

SMASH is bound by a best efforts obligation in the provision of Services. SMASH does not guarantee that the Site is free from errors, interruptions or security breaches.

SMASH cannot be held responsible for:

• use of the Site or Services by the User;
• any data loss resulting from use not in accordance with these General Terms;
• indirect, immaterial or consequential damages, such as loss of revenue, loss of clientele, damage to image or any indirect financial prejudice;
• consequences of a refusal or deletion of a domain name by NIC Monaco;
• errors arising from data provided by the Client;
• disputes relating to a prior right on a domain name;
• interruptions or malfunctions attributable to the Internet network, third-party servers or the registry;
• events of force majeure within the meaning of Article 15 of these terms.

In any event, SMASH's total liability, all causes combined, is limited to the sums actually paid by the User for the Service concerned over the twelve (12) months preceding the event giving rise to the damage.

14.2. Provisions specific to Consumers

The exclusions and limitations of liability provided for in this article apply within the limits authorized by Monegasque law applicable to Consumers. They cannot deprive the Consumer of the mandatory rights granted to them by Monegasque legislation.

14.3. Provisions specific to Professionals

The Professional Client acknowledges having subscribed to the Services with full knowledge of the facts and accepts the exclusions and limitations of liability provided for in this article without reservation.

Neither Party may be held responsible for the non-performance or delay in the performance of any of its obligations under these terms, when such non-performance or delay results from an event constituting force majeure within the meaning of Monegasque law, that is to say an event that is irresistible, unforeseeable and external to the will of the Parties.

The following are notably considered as cases of force majeure, without this list being limitative: natural disasters, epidemics or pandemics, wars, acts of terrorism, riots, strikes, governmental or regulatory decisions, widespread Internet network outages, failures of essential third-party suppliers and cyberattacks of exceptional magnitude.

The Party affected by a case of force majeure shall inform the other Party as soon as possible. If the force majeure event extends beyond three (3) months, either Party may terminate the contract by written notice, without compensation.

SMASH's computer records are considered as evidence of communications, orders, payments and operations carried out between the Parties. Order confirmations, electronic correspondence and connection logs are conclusive between the Parties, unless proven otherwise by the User.

The Site may contain hyperlinks to third-party sites. SMASH exercises no control over these sites and disclaims any responsibility for their content, operation, availability or compliance with applicable legislation.

SMASH reserves the right to modify these General Terms at any time. Modifications take effect on the date of their publication on the Site. The User is invited to regularly consult the version of the General Terms in force.

For ongoing Services, substantial modifications are notified to the User by email at least thirty (30) days before they take effect. Continued use of the Site or Services after the modifications take effect constitutes acceptance of the new General Terms.

In the event of cessation of SMASH's activity or discontinuation of the marketing of all or part of the Services, SMASH undertakes to:

• inform the Clients concerned within a reasonable time;
• facilitate the reversibility and transfer of Services, in particular the transfer of .mc domain names to another service provider accredited by NIC Monaco;
• ensure the continuity of subscribed Services until the end of the current period.

20.1. Severability

If any of the stipulations of these General Terms is declared null or unenforceable by a competent jurisdiction, the other stipulations shall remain in force and in full effect. The null or unenforceable stipulation shall be replaced by a valid stipulation as close as possible to the initial intention of the Parties.

20.2. Entirety

These General Terms, together with the Privacy Policy and any applicable specific conditions, constitute the entirety of the agreement between the Parties and replace any prior agreement, written or verbal, relating to the same subject matter.

20.3. Waiver

The fact that SMASH does not invoke a stipulation of these General Terms does not constitute a waiver of the right to invoke it later.

20.4. Assignment

The User may not assign their rights and obligations under these terms without the prior written consent of SMASH. SMASH may freely assign the contract to any entity in its group or to any successor, subject to informing the User.

These General Terms are governed by the law of the Principality of Monaco.

In the event of a dispute relating to the validity, interpretation, performance or termination of these General Terms, the Parties shall endeavor to find an amicable solution within a period of thirty (30) days from the notification of the dispute by one of the Parties.

In the absence of amicable resolution, any dispute shall be submitted to the exclusive jurisdiction of the courts of the Principality of Monaco, including in case of multiple defendants or third-party claims.