TOS Dedicated server
DEFINITIONS CONTRACT: All contractual documents comprising of the present contract of accommodation as well as all other documents referring to it. The CONTRACTOR: AlpineDC Ltd, considered executor of the offer and related services. The CUSTOMER: Person, physical or moral, having placed in order of a performance of accommodation and holder of the contract. DEDICATED EQUIPMENT: Equipment, part of equipment or a set of electrical equipment or computer equipment such as server(s), switch(es), router(s), APC(s), network ports dedicated to the sole needs of the client. OBJETIVE/PURPOSE This contract aims / is intended to define the technical and financial conditions in which the contractor commits himself to rent and to accommodate within its network infrastructure, the equipment dedicated to the client. However, other benefits, services and options may be provided by the contractor under another contract or under special conditions attached to the present general terms and conditions. The customer expressly acknowledges that the contractor has no involvement as hereinafter defined for the present design, development, implementation and maintenance of the software of the client (website, applications, programs, scripts, operating system, security, etc.), the client or its computer management and administration tools, and that this contract under no circumstances aims / is intended to have access to Internet. MEANS The equipment dedicated to the client is accessible through internet network using a fixed IP. TECHNICAL SUPPORT The contractor puts technical assistance at the disposal of the client: - Via internet at the following address: https://client.alpinedc.ch - Via email (firstname.lastname@example.org) Technical support is simply intended to provide adhoc assistance to the client, it does not intervene the customer’s equipment. All work on the equipment, remote or not requested by the client, will be a specific service which will result in the establishment of a quotation/estimate. The intervention will start upon the receipt of the payment. For this, the client must contact the commercial sale service through e-mail email@example.com. An emergency number that can be called 24/24 and 7/7 is also provided at the express request of the client. The use of the emergency number does not result in invoicing only in case equipment is inaccessible. Equipment is considered to be inaccessible when it is no longer possible to connect in any way to take control. The client must particularly check through commands of usages such as trace path / trace route, mtr, host and ping, that problem does not come from its connection or from his operator, he will also check that the breakdown does not result due to improper handling performed by him or one of his subcontractors which would void the absence of billing for the use of the emergency number. The use of the emergency number results into a flat rate billing of CHF 200.- HT for all other use (compromise of the machine, breakdown resulting from improper handling of the customer or one of his subcontractors, etc…), and upon receipt of the appeal/call. Intervention which can then be requested by the customer will be undone and charged in addition to the flat rate billing. CONDITIONS OF FULFILLMENT OF SERVICES The contractor will inform by email about the availability of equipment dedicated to the client. The effective launch of dedicated equipment determines the original date on which billing will become effective. The availability of the server takes place within a maximum period of 7 days of the actual payment for the standard dedicated equipment and within a maximum period of 14 days from the date of actual payment for dedicated equipment specially ordered for the customer. After this period, failing in provision of equipment dedicated by the contractor, the customer is entitled to request cancellation of the transaction and the reimbursement of the sums already paid. Dedicated equipment rented to the customer remains the property of the contractor. The client is administrator of the server rented to the contractor, he has the possibility to install software applications on the server by himself. These installations are made under his sole responsibility and the contractor cannot be held responsible for the malfunction of the server due to these installations. OBLIGATIONS OF THE CONTRACTOR The contractor undertakes to implement everything to ensure the permanence, continuity and the quality of services it offers and endorses an obligation of means. Consequently, the contractor will endeavor to provide access 24 hours a day, 7 days a week, without being able to guarantee it taking into account the nature of the network and the limitations of the current state of the art computers which are known to the client. Customer acknowledges that difficulties of access to dedicated equipment can occur taking into account the fluctuations of the bandwidth and hazards of the customer’s Internet service provider. The contractor is responsible for the services provided to the client and undertakes to do everything possible to ensure a quality service to the client. The contractor may be required to limit, restrict, interrupt or suspend all or part of the service in question in the case where the contractor is expressly requested by a competent administrative or judicial authority. The responsibility of the contractor can in each state be sought only respecting the limits of responsibility of the present contract. The contractor is guarantor in his name, on behalf of his staff and any third party chosen by the contractor of non-disclosure of commercial or financial data of the customer and the confidentiality of the access codes and other security settings that allow the customer to access the services provided by the contractor. The data transmitted by the client is preserved for the legal time necessary for the administration as evidence. The contractor is also prohibited for any disclosure or resale of personal data concerning the client. OBLIGATIONS OF THE CLIENT The client does not physically have access to equipment rented by the contractor. However, in the case of a specific intervention, non-feasible distance, the client may be authorized in writing by the contractor adhoc and temporary access to the rented equipment. The hourly rate accompaniment in force at the time of the request will be accepted in advance by the customer. The customer has the “super-user” access to equipment rented to the contractor. The customer is sole director of the rented equipment, as such; he is responsible for the installation, modification or configuration of all application installed by him on the equipment as well as software administration (production, configuration, operation, etc…). The client undertakes to maintain the current level of security of the rented equipment. For this purpose, he must be kept informed through the public mailing lists or by any other standby mean that he deems necessary, the release of any new vulnerability affecting the equipment rented by the contractor. The client is completely and exclusively responsible for keys and passwords necessary for the use of dedicated equipment. The contractor accepts no responsibility for any unauthorized or fraudulent use of access put at the disposal of the client. The provision of access (key or passwords) is considered confidential. Any suspicion of a disclosure, intentional or not, of the provided access, engages the sole responsibility of the customer excluding that of the contractor. In case of request for change of access by the client, the contractor will charge for the time spent on this operation. The customer will alone bear the consequences of the malfunctioning of the equipment resulting from any use by members of its staff or by any person to whom the customer has provided his (or her) access (keys and/or password (s)). Similarly, the customer will alone bear the consequences of the loss of the aforementioned access. The client acts as an independent entity and consequently alone assumes the risks and dangers of its activity. The client is only responsible for the services, applications, data and websites hosted on its equipment, the contents of transmitted, distributed or collected information, their operation and updating as well as all files notably files of addresses. The client specifically agrees to respect the rights of third parties notably the personality rights, intellectual property rights of third parties such as copyright, patent rights or trademark. As a result, the contractor cannot be held responsible for the content of the information transmitted, disseminated or collected, their operation and updating, as well as all files including the files of addresses in any capacity whatsoever. The contractor can only warn the client about the legal consequences which might arise from illicit activities on the site and identify any joint responsibility on use of data made available to users by the client. The client consequently declares to accept entirely all legal obligations arising from the ownership of its services, the contractor cannot be sought or worried in this regard for any reason whatsoever including in case of violation of laws or regulations applicable to the client services. Non-compliance by the client of the points as referred above and notably any activity that may lead to civil and/or criminal liability will result into the right for the contractor to terminate the services of the client without delay and without prior notice and cancel the contract immediately without prejudice to the right to any damages and interests which the client could claim. The same applies if the client uses are proven of spamming technique or any other technique or technology prohibited on the Internet, that results into the interruption of the service without notice and the termination hereof. In such assumption, the customer cannot claim reimbursement of the amount already paid from the contractor. The customer furthermore undertakes to take all necessary insurance with a reputable insurance agency to cover all damages that would be attributable to him under this agreement or its enforcement. The client guarantees the contractor of any action to claim by third parties related to the content of the information transmitted, broadcasted, reproduced including those resulting from an infringement of the personality rights , property rights related to a patent, a trademark, drawings and models, copyrights or those resulting from an act of unfair or abusive competition or a breach of public order, the ethical rules governing internet, morality, respect for privacy (image rights, secrecy of correspondence…) or to the provisions of the Penal Code. As such, the client will indemnify the contractor of all costs, charges and expenses that he would have to bear as a result. The use of SPAM is totally prohibited. The client undertakes not to use features of its messaging to send massive unsolicited messages (SPAM) or even emails to people having previously notified that they do not wish to receive. Some people may be registered on private files (but do not wish to receive messages), the contractor will also take into account their views. In case of complaints from anyone (client or not client), an E-mail is sent: - from installations of the contractor - or with the URLs of the sites hosted by the contractor After technical verification of the validity of the information provided by the complainant and observation of non-compliance with the commitment of his client, shall be entitled to limit, restrict, interrupt or permanently suspend all or part of the service in question for a minimum period of 24 hours to 30 days or even permanently break the contract in case of non-compliance to the warnings for spamming sent by E-mail to the client. The blacklisting extending beyond (s) (l)’ address (s) ip (s) assigned (s) to the client’s equipment will lead to the right for the contractor to interrupt without delay and without prior notice the client’s services and cancel the contract immediately without prejudice to the right to any damages which the client could claim. The client undertakes to inform the contractor within 48 hours of any change in his situation and within 24 hours of any possible loss of passwords. The client shall refrain from any modification, the network settings configuration of the rented equipment unless expressly and timely authorization issued in writing by the contractor. He is prohibited particularly to modify the IPS addresses, masks of sub network, addresses of broadcast, address of the gateway and MAC addresses of the equipment. The client is also prohibited from infringing in any manner whatsoever to the contractor network or any other network from the network of the contractor. He shall refrain from attempting type operations ipspoofing, arpspoofing, cache poisoning, dos, ddos and any attempted exploitation operation that would result in the alteration of the proper functioning of the systems, networks and equipment of the contractor. Non-compliance by the client of the points as referred above will result into the right for the contractor to terminate the services of the client without delay and without prior notice and cancel the contract immediately without prejudice to the right to any damages which the client could claim. CONFIDENTIALITY During the term of the contract and after its expiration, each party will have to consider information, documents, systems, know-how, formulas or any data whatsoever from the other party of which he could have knowledge at the time of the execution of the contract as confidential and shall not disclose them to some third party or shall not use apart from the purposes of the contract. CLIENT INFORMATION – CONFORMITY OF SERVICE The client acknowledges having verified the suitability of the service to his needs and having received all information and advice in advance from contractor which were required to subscribe to this undertaking knowingly. DURATION This contract is concluded for an initial period of 1 month, renewable. At the end of this first period, this contract is tacitly renewed for successive periods of 1 month unless notice of termination by one of the parties by registered letter with acknowledgement of receipt is presented to the other party not later than one month before the expiry of a period or replacement of the contract maturing with a new contract resulting from the conclusion of a new offer agreement between the client and the contractor. APPLICABLE LAW – ATTRIBUTION OF COMPETENCE For all disputes relating to the execution / enforcement or the interpretation of this contract, the parties expressly agree that the courts of Lausanne and canton of Vaud are the only appropriate courts and any dispute between them is subject to only Swiss law.