Terms of Use

Object

Les présentes conditions générales d'hébergement ont pour objet de définir les modalités liant la société alwaysdata (siège social : 62 rue Tiquetonne, 75002 Paris, immatriculée au registre du commerce et des sociétés de Paris sous le numéro 492 893 490), dénommée dans la suite de ce document sous sa marque commerciale « alwaysdata », avec ses clients ayant souscrit à son offre d'hébergement.

Availability guarantees

alwaysdata ensures availability on “critical” services: HTTP, MySQL, PostgreSQL, IMAP and SMTP. This excludes all other services, including FTP, SSH, WebDAV, webmail, access to the alwaysdata administration.

The guaranteed availability rate is shown as a percentage and specified later in this document according to the type of hosting. It corresponds to the number of minutes of availability, divided by the total number of minutes per month.

Maintenance operations are excluded from the calculation of availability up to two hours per month. The maintenance work will be announced at least one week before the date, except for urgent security correction, and will take place by night (French time) whenever possible.

En cas de dépassement de l'indisponibilité, alwaysdata remboursera 20 % du tarif mensuel payé par le client pour le compte concerné pour chaque heure d'indisponibilité supplémentaire constatée. Ce remboursement s'effectuera sous forme de crédit sur le compte prépayé du client. Le client doit contacter alwaysdata pour demander le remboursement.

General downtime periods will be announced officially by alwaysdata. If the client finds unavailability outside of these periods, it should open a ticket from the alwaysdata administration, explaining the problem precisely. The downtime calculation will start from the opening time of the ticket, if it is not possible to trace precisely when the outage started, for example through the logs of the servers.

Are excluded from the calculation of unavailability:

Customer Obligations

The customer agrees to regularly read the emails sent by alwaysdata to the contact address indicated in his administration.

The customer agrees to use his account in strict accordance with French law. Any proven illegal use would, depending on the seriousness of the offense, result in the suspension or removal of the account, without a refund. Here are some of the prohibited activities:

Shared hosting

General

Le taux de disponibilité garanti est de 99,8 % par mois.

The customer agrees to operate within reason the shared resources (CPU, memory, network, etc.) of the servers he uses. In case of abuse (intentional or not), alwaysdata shall send a warning to the client via email and can take measures such as even suspending the account involved if the abuse jeopardizes the proper functioning of the servers.

On the first late payment, alwaysdata shall contact the customer by email. On the second late payment, one month later, the account will be suspended and a second email will be sent. On the third late payment, two months after the first and one month after the second, the account will be permanently deleted.

Les tarifs annuels représentant une réduction par rapport aux tarifs mensuels ne sont pas remboursables en cas de fermeture de compte ou de passage à une offre gratuite.

Free plan

The client can receive only one single free account. It is forbidden to open multiple client accounts with different email addresses for the sole purpose of taking advantage of several free accounts.

It is prohibited to use multiple free accounts belonging to different customers to host one and the same site, for example by distributing files on several of these free accounts so as to benefit from combined disk space.

The customer agrees not to use his free account:

alwaysdata reserves the right to suspend or remove a free account without notice if the legitimacy of the latter is disputed.

The client of a free account must connect to the alwaysdata administration at least once per semester. After six months without connection to the administration or reply to reminders made by email, alwaysdata shall delete the account.

Discounts on hosting offers

If the client meets one of the criteria below, he can get discounts on the price of hosting packages. These discounts apply only to hosting packages; are excluded all related services: areas, options, SSL certificates, etc.

Proof will be requested from the customer to avail himself of the reduction.

The discount is valid so long as the client meets the criteria. When this is no longer the case, the customer agrees to contact alwaysdata to report the change of situation. He will then no longer be eligible for the discount.

The discount may be withdrawn at any time by alwaysdata, which will be required to advise the concerned customers at least one month beforehand.

The customer receiving a discount on his hosting package will not use the account for commercial advantage or profit.

On 1st November 2009, the criteria for benefiting from reductions are:

Hébergement dédié administré

General

Le taux de disponibilité garanti est de 99,9 % par mois.

An administered dedicated server cannot be purchased for less than three months.

On the first late payment, alwaysdata shall contact the customer by email and will suspend the server. If, ten days after this initial delay, the customer has not paid his bill, the server will be interrupted and the account deleted, without the possibility to recover the data.

Server update

Upon delivery, the server is provided with an up-to-date operating system, with many preinstalled software applications corresponding to the customer’s requests. This software is available in a given version and it is not possible, except for special cases, to move to higher versions.

When a new version of the operating system is available, alwaysdata shall offer the customer to update the server, if he so wishes. The immediate advantage for the client is to benefit from the newer versions of installed software. However, this update may bear a risk of disrupting the smooth functioning of the customer’s sites. Therefore, these updates are optional and not required by alwaysdata.

If the client validates the server update, a maintenance operation is scheduled to move to the new version of the operating system.

Domain names

alwaysdata only acts as a broker for all transactions related to domain names. alwaysdata uses the services of outside contractors to perform the operations on domain names requested by the client.

alwaysdata is not the registrar of domains but acts exclusively on technical and commercial contact, and for billing. The client remains the sole owner of the domains.

alwaysdata notifies the customer by email when a domain name is soon to expire and must be renewed. alwaysdata cannot be held responsible if the customer does not renew his domain, which will cause its suspension and its deletion.

alwaysdata’s liability

alwaysdata, while making every effort to ensure the security and continuity of customers’ data, cannot be held responsible for any damage to data caused by hardware failures, human error, malicious acts by outsiders or otherwise. alwaysdata strongly recommends to all customers to make local backups of data placed on their hosting space.

alwaysdata reserves the right to suspend or remove (depending on the seriousness of the offense) any account that has been the subject of an external complaint that appears justified.

Cancellation

The customer may cancel his alwaysdata account either from the available administration, or by contacting alwaysdata by any means whatsoever. The balance of the prepaid account will not be recoverable.

alwaysdata reserves the right to terminate the account of a client who does not comply with the terms and conditions contained in this document.