Common use of CASE OF FORCE MAJEURE Clause in Contracts

CASE OF FORCE MAJEURE. The responsibility of the host will not be engaged in case of force majeure: • If the execution of the contract, or any obligation incumbent on the host under the present, is prevented, limited or disturbed by fire, explosion, failure of transmission networks, collapse of facilities, epidemic, tremor land, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, strike, boycott withdrawal of authorization from the telecommunication operator, or other circumstance beyond the reasonable control of the host ( "Case of Force Majeure"), then the host, subject to a prompt notification to the Customer, shall be exempted from the performance of its obligations within the limits of this impediment, limitation or inconvenience, and the Customer will be in the same manner exempted from the performance of its obligations to the extent that their obligations are related to the performance thus prevented, limited or disturbed, provided that the Customer shall make best efforts to avoid or remedy such causes of non-performance and that both parties shall proceed promptly when such causes have ceased or been terminated. The party affected by a Force Majeure Event shall keep the other party regularly informed by e-mail of the predictions for the suppression or restoration of this Force Majeure Event. • If the effects of a Force Majeure Event have a duration greater than 30 days, from the notification of the force majeure to the other party, the contract may be terminated automatically at the request of either party, without entitlement to compensation on either side. Specific examples of negligence on the part of the Customer are : • deterioration of the application, • Misuse of the terminals by the Customer or by its Clientele, fault, negligence, omission or failure on the part of the Customer, failure to comply with the advice given, • unlawful disclosure or use of the password given confidentially to the Customer, • fault, negligence or omission of a third party over which the host has no power of control or supervision, • request for temporary or permanent interruption of the Service by a competent administrative or judicial authority, or notification of a third party within the meaning of Article 6 of the Law for Confidence in the Digital Economy • partial or total destruction of the information transmitted or stored as a result of errors attributable directly or indirectly to the Customer. The repairs due by the host in the event of a failure of the Service resulting from a fault established against it will correspond to the direct, personal and certain damage related to the failure in question, to the express exclusion of any indirect damage such as, in particular, commercial prejudice, loss of orders, branding, commercial unrest, loss of profits or Customers (for example, improper disclosure of confidential information about them as a result of a defect or system one- third against the Customer, etc.). In any case, the amount of damages that could be charged to the host, if his liability was incurred and proven, will be limited to the total amount of all sums actually paid by the Customer to the host for the period considered or billed to the Client by the host or the amount of the sums corresponding to the price of the service, for the part of the Service for which the hosting provider's responsibility has been retained. The smallest amount of these amounts will be taken into consideration.