These terms of sale (the “Terms of Sale”) apply between Lovely Render and each customer who subscribes to the Lovely Render service. The people the customer invites to their site are also bound by the terms of use (the “Terms of Use”). The data processing agreement forms part of the Terms of Sale.
Article 1. Purpose
The Terms of Sale govern the subscription to and provision of the Lovely Render service (the “Service”). They prevail over any other document of the Customer, unless otherwise agreed in writing.
The Service is intended for businesses, self-employed people, associations and public bodies, for their activity. It is not offered to consumers, that is, people acting outside any professional activity.
Article 2. Definitions
| Term | Meaning |
|---|---|
| Customer | The organization that subscribes to the Service. The subscription belongs to it and not to the person who took it out: it continues if that person leaves. |
| Site | A website opened and hosted by the Service for the Customer, under the Customer’s domain name. |
| Staging | The Site’s private environment, where its Members build and change it. |
| Backup | The Site’s third environment. It receives the Production before each publication and lets you browse a previous version of the Site. |
| Production | The Site’s public environment, the one its visitors see. It receives the content of the Staging at each publication. |
| Member | A person who has access to the Site with a role: Administrator, Editor, Author, Contributor or Subscriber. |
| Owner | A Member with the Administrator role, appointed by Lovely Render when the Site is opened or at the Customer’s request. Only Owners can export the Site. |
| Plan | One of the plans in article 4. |
| Archive | The file that contains the exportable data of a Site, prepared at the request of an Owner. |
Article 3. The Service
For each Site, the Service provides:
- a site building tool based on WordPress, with its block editor, its design system, its forms, its visit analytics measured by the server and its SEO tools;
- three environments (the Staging, the Production and the Backup) and publication from the Staging to the Production;
- hosting of the Site, its media and its data, HTTPS certificates and the signing of emails sent by the Site;
- operation of the platform: security, backups, updates and fixing of defects in the Service.
The subscription does not include support in using the Service, the creation or redesign of the Site, or the writing of content. These services are covered by article 5. Nor does it include the Customer’s domain name or email mailboxes.
3.1. Availability
Lovely Render commits to an availability of the Production of each Site of 99.9% per calendar month.
The following do not count as interruptions: maintenance announced to the Customer at least 48 hours in advance, cases of force majeure under article 16, a deactivation provided for by article 14 or by the Terms of Use, and interruptions caused by the Customer, in particular by the configuration of their domain name.
For each month in which this commitment is not met, the Customer obtains on request a credit equal to one twelfth of the annual price of the Plan of the Site concerned. The Customer requests it within the following month. This credit is the only compensation due in respect of availability.
Article 4. The plans
Each Site is attached to a Plan. All Plans give access to all the features of the Service, with no limit on content, languages or Members. They differ in their storage and in the audience they include.
| Plan | Annual price excl. VAT | Storage | Page views by human visitors, per year | Analytics available |
|---|---|---|---|---|
| Basic | 199 € | 2 GB | 300 000 | The last 37 months |
| Premium | 499 € | 25 GB | 1 200 000 | The last 37 months |
| Pro | 999 € | 100 GB | 3 000 000 | The last 37 months |
Beyond the Pro Plan, or for several Sites under a single contract, Lovely Render draws up a plan on quotation.
Article 5. Additional services
Support in using the Service is invoiced by the time spent. The creation or redesign of a Site is invoiced at a fixed price. Each service is subject to a quote accepted by the Customer.
Article 6. Ordering and opening the Site
- The Customer chooses their Plan and accepts the quote or purchase order that Lovely Render sends them, in writing or by email. By accepting it, the Customer accepts the Terms of Sale.
- The Lovely Render team opens the Site and invites the Members the Customer designates, including at least one Owner.
- The Customer points their domain name to the Service, following the instructions given to them. The HTTPS certificates are issued once the domain name is pointed. The Site is only public from that moment.
The Customer remains the holder of their domain name and renews it with their registrar.
Article 7. Price and payment
Prices are stated excluding tax. VAT is added at the rate in force.
The subscription is annual and payable in advance. Lovely Render issues its invoice when the order is placed, then at each renewal date. It is payable on receipt.
Lovely Render may revise its prices at the subscription renewal date. It informs the Customer by email at least two months beforehand. A Customer who refuses the new price does not renew their subscription, as provided for in article 8.
Any late payment automatically incurs penalties at three times the legal interest rate and a fixed compensation of 40 euros for recovery costs (article L441-10 of the French Commercial Code). For a public body, late payment interest is that of the French Public Procurement Code. If an invoice remains unpaid 30 days after a formal notice, Lovely Render may deactivate the Site under the conditions of article 14.
Article 8. Term, renewal and change of plan
The subscription runs for one year from the order. It then renews for periods of one year.
The Customer may object to renewal by email at any time before the renewal date. Lovely Render reminds the Customer of the renewal date by email between three months and one month beforehand.
A move to a higher Plan takes effect immediately. The Customer pays the price difference pro rata for the full months remaining until the renewal date.
A move to a lower Plan takes effect at the renewal date. If the Site then exceeds the storage of its new Plan, nothing is deleted, but no media can be added for as long as the excess lasts.
Article 9. Quotas and use of the Service
The Service enforces the storage of the Plan. An uploaded file cannot exceed 4 GB, whatever the Plan. The Service refuses a media file that exceeds one of these limits and displays a message explaining why. The Site stays online when a quota is reached. The number of content items is not limited by any Plan.
The included audience is not a cap. Each Plan includes an annual volume of page views by human visitors, counted per subscription year and shown on the dashboard. Exceeding it does not cut off the Site and does not lead to any additional invoicing. If the excess recurs from one year to the next, Lovely Render offers the Customer, at renewal, the Plan that matches their audience.
To protect the deliverability of emails from all Sites, Lovely Render may limit the number of emails a Site sends each day when that number becomes abnormal, and informs the Customer.
A Site’s videos are allowed within the storage of its Plan. The Service is not a video hosting or streaming platform: a video library, mass or continuous streaming, or a use that circumvents the planned storage belong to a specialised video service, which the Site can embed, or to a plan on quotation. If a Site makes such use, Lovely Render informs the Customer and agrees with them on what follows. The Site is not cut off on these grounds without this exchange.
Article 10. Ownership of content and of the Service
The Customer remains the owner of everything they produce: content, media, design settings, responses received by their forms and their Site’s analytics. The Customer grants Lovely Render only the right to host, reproduce and display them to the extent necessary to provide the Service.
Lovely Render remains the owner of the Service: the platform, its block engine, its animations and its code. The subscription transfers no rights in it. The WordPress theme that the Archive provides to reopen the Site without the Service is licensed to the Customer under the GNU GPL, version 2 or later, like WordPress themes.
The Customer warrants that they hold the rights to the content they publish. The publication rules are those of the Terms of Use.
Article 11. Personal data
For the data of their Site’s visitors, in particular form responses and visit measurements, the Customer is the controller and Lovely Render is their processor, within the meaning of article 4 of the GDPR. Their commitments, provided for in article 28, are set out in the data processing agreement, together with the retention periods for this data.
Lovely Render processes this data to provide the Service and for no other purpose. It is hosted in France.
For the security of the platform, Lovely Render also processes, on its own behalf, the IP addresses of visitors to the sites it hosts. The Privacy policy page describes this processing, as well as that of account and Customer data.
Article 12. Security and backups
Lovely Render protects the Sites and their data with the security measures of article 5 of the data processing agreement. The Customer ensures the confidentiality of their Members’ logins.
Lovely Render backs up each Site every night, in France. It keeps the backups of the last 35 nights and a monthly backup of the databases for 12 months. It restores a backup at the Customer’s request.
The Site also keeps its last five published versions, which its authorized Members restore themselves.
Article 13. Reversibility and switching provider
This article implements chapter VI of Regulation (EU) 2023/2854 on data (the “Data Act”).
13.1. An export at any time, free of charge
Throughout the subscription and during the recovery period of article 13.4, each Owner may export the Site as many times as they wish, free of charge. The export does not end the contract.
The Owner requests the export from the Site’s administration. The Archive is prepared from the Production, the Site as its visitors see it, and remains downloadable for 7 days, at the latest until the Site is erased (article 13.5). The other Owners are notified of each export. If the export fails twice in a row and the Customer reports it, Lovely Render handles it within 5 working days.
The steps to follow, the content of the Archive, the structure of its files, its formats and how to put the Site back online with another host are set out in the public documentation Take your site with you, kept up to date.
13.2. Formats
The Archive contains a site that reopens with WordPress without the Service (a database in WordPress’s SQL format) and files in open, machine-readable formats (CSV and JSON). Instructions are included. Appendix A lists the exportable data, appendix B the data that is not exported or is exported in another form.
13.3. Switching provider or erasure
The Customer may notify Lovely Render, by email and at any time, of their decision:
- to switch to another provider, whose relevant contact details they give;
- to take their Site over on their own infrastructure;
- or to have their data erased without taking it back.
The notice period is one month. The export requires none: it stays open throughout the contract.
If the switch cannot technically be completed within 30 days, Lovely Render notifies the Customer within 14 working days of their request, stating the time needed. The transition period is then extended to that time, up to 7 months.
At the end of the notice period, a transition period of 30 days begins. The Service continues to be provided unchanged and the Customer exports their Site. The Customer may extend it once, for the time that suits them, at the price of their Plan calculated pro rata.
During the switch, Lovely Render answers the Customer’s questions about the Archive, its formats and putting the Site back online. It informs the Customer of the known risks to the continuity of the Site. Putting the Site back online carried out by the Lovely Render team falls under article 5.
The contract ends at the end of the transition period, or earlier if the Customer confirms that the switch is complete. If the Customer has chosen erasure, the contract ends at the end of the notice period.
13.4. The recovery period
At the end of the contract, whatever the cause, the deletion of the Site is scheduled 30 days later. During these 30 days, the Site remains accessible to its Members, its Owners can export it and the dashboard shows each Member the date of deletion. The Production stays online, unless Lovely Render has deactivated it under the conditions of article 14.
13.5. Erasure
At the end of the recovery period, the Service erases the Site: its content, its files, its media, its data and its history. Its backups are erased at the end of their retention period (article 12). Lovely Render confirms the erasure to the Customer on request.
The platform log keeps a record of the deletion for 3 years. The Members’ accounts belong to their holders, who can have them deleted. Invoices are kept for 10 years, as required by law.
13.6. Fees
Neither the export, nor switching provider, nor the assistance of article 13.3 gives rise to any fees.
The subscription paid in advance remains due for the current year when the Customer leaves before the renewal date, except in four cases where Lovely Render refunds the full months remaining: termination for breach by Lovely Render, termination for force majeure (article 16), refusal of a change to the Terms of Sale (article 17) and objection to a new subprocessor (article 6 of the data processing agreement).
Article 14. Termination
The Customer ends the contract by objecting to renewal (article 8), or at any time under article 13.3.
Either party may terminate the contract in the event of a serious breach by the other, 30 days after a formal notice that has remained without effect. For Lovely Render, persistent non-payment or a breach of the Terms of Use are serious breaches. Lovely Render may then deactivate the Site: its Production is no longer accessible to the public, and its Members keep access to its Staging. Lovely Render may also make content inaccessible or deactivate the Site without notice in the cases provided for in articles 5.2 and 9 of the Terms of Use.
In all cases, the end of the contract opens the recovery period of article 13.4, followed by the erasure of article 13.5.
Article 15. Liability
Lovely Render is bound by an obligation of means, except for the availability commitment of article 3.1.
Lovely Render is not liable for indirect damage, in particular loss of revenue, customers or reputation. Its total liability under the contract is limited to the sums paid by the Customer for the Site concerned during the twelve months preceding the event giving rise to the claim. These limits do not apply in the event of gross negligence or wilful misconduct, nor to personal injury.
The Customer is liable for the content they publish, for the use of the Service by their Members and for the third-party services they connect to their Site.
Article 16. Force majeure
Neither party is liable for a failure caused by a case of force majeure within the meaning of article 1218 of the French Civil Code. Performance is suspended for as long as the impediment lasts. If it lasts more than two months, either party may terminate the contract by email, without compensation. Lovely Render then refunds the full months remaining.
Article 17. Changes to the Terms of Sale
Lovely Render informs the Customer by email of any change to the Terms of Sale at least one month before it comes into force. A Customer who refuses it may terminate free of charge before that date: they are refunded the full months remaining and have the recovery period of article 13.4.
The Terms of Sale are published in the legal documents of the lovelyrender.com website, which keep each text put online and its date.
Article 18. Applicable law and disputes
The Terms of Sale are governed by French law. In the event of a dispute, the parties first seek an amicable solution for 30 days. Failing that, the dispute is brought before the courts within the jurisdiction of the Orléans Court of Appeal, or before the Orléans Commercial Court if both parties are traders.
Appendix A. Exportable data
The complete list of the categories of data that the Archive contains, within the meaning of article 25 of the Data Act.
| Category | Content |
|---|---|
| Content | Pages, posts and content of every type, whatever their status, with their fields, their SEO and sharing settings, their revisions, their translations and their references; templates, patterns and compositions; categories and their terms; comments; redirects. |
| Media | Every file in the media library, with its title, its alternative text and its caption. |
| The WordPress site | A database in WordPress format and a theme that declares the Site’s content types, fields and templates. Instructions come with the Archive. |
| Design | The Site’s stylesheet, its fonts, its background images, its icons, its logos, its sharing images and the settings of its design system. |
| Site settings | Its general settings and its languages, the recipients of its forms and the addresses of the tools that receive their responses. |
| Form responses | All the responses to each form, in plain text, with the consents collected and the proof of each submission to a third-party tool. |
| Analytics | Daily visit analytics, page performance, visits by search engine and AI crawlers over the last 90 days, the figures from the search engines connected to the Site and the URLs submitted to them. The analytics and search engine figures cover the period that the Plan displays. |
| History and logs | The Site’s history and the log of the emails it has sent over the last 30 days. |
| Legal documents | The texts that the Site’s legal documents have served, with their dates, and the proofs of acceptance. |
Appendix B. Data the export keeps back or transforms
B.1. Data specific to the operation of the Service
| Data | Reason |
|---|---|
| The Lovely Render engine: its code, its blocks, its animation and interaction engine | It belongs to the operation and know-how of Lovely Render. |
| Security data: passwords, two-factor authentication, sessions, tokens and keys of the accounts connected to the Site, IP address reputation, verdicts of the form protections | It protects the Service and its users and has no use outside it. |
| Platform operating data: task queue, technical logs | It is used to operate the platform, not the Site. |
B.2. Data returned in another form
| Data | What the Customer gets |
|---|---|
| Lovely Render blocks | The closest WordPress block, or the same display frozen when WordPress has no equivalent. The original settings of each block remain in the Archive’s data files. |
| Animations and interactions | They no longer play. Their settings remain in the data files. |
| Category terms | WordPress terms, with their title, their slug, their parent and their excerpt. The full term remains in the data files. |
| Forms | Their fields and their rules, without submission. The responses are exported in their own files. |
| Visit measurements, visitor by visitor | Daily totals, with no personal data. |
| Members’ accounts and the author of each content item | A single administrator account, author of all the content. |
| Previous versions of the Site | The Archive reflects the Production. A previous version is restored, then exported in its turn. |
B.3. Data outside the Plan period
Analytics and search engine figures older than the period that the Plan displays are not included in the Archive: the export returns what the subscription lets you see.