Conditions of sale and use

This contract, which determines the general conditions under which Qual.IT offers its services, is concluded between QUAL.IT SAS (hereinafter referred to as "QUAL.IT" or "We"/"Our"), and any natural or legal person wishing to use one of the services offered by QUAL.IT via its website (hereinafter referred to as "the Customer" or "You"/"Your" ).

All of these conditions will take effect from the date of opening Your account via our web interface and will apply for an indefinite period.

You agree that the purchase and use of Our services implies the acceptance and respect, without limitation or qualification, of these terms, rates and conditions and of the technical limitations of Our services. You acknowledge having read the above and agree to submit to and respect them without restriction or reservation.

Orders and payment

The price of the service offered is displayed during the ordering process. Prices are deliberately displayed before tax. The final price, inclusive of all taxes, is shown in the order summary. The settlement is payable immediately in Euros. Payment may only be made by Visa, Mastercard or Paypal. No other means of payment will be accepted.

The contract is valid for a period selected by the Customer during the order process. It starts when the service is activated on the server and this date is published on the Customer’s invoice. If a party fails in their contractual obligations, they have seven days to remedy this, starting from the date of receipt of a registered letter stating the relevant violations. Failure to do so will result in the contract being automatically terminated, without prejudice to any possible damages which might be claimed from the defaulting party.

Any default in payment or irregular payment will be ignored and cause the payment request to be declined. This includes payments for the wrong amount, those which are incomplete and those which are missing the required references.

Renewal and termination

In case of renewal, the applicable taxes and tariff will be those in force at the date of renewal. Prior to the expiration of the solution, We will notify the Customer via several emails of the need to make payment of the renewal fee to continue to benefit from our service. E-mail reminders will be sent at the following points prior to the renewal date : 2 months, 1 month, 15 days and one day. A final reminder will be sent on the renewal date. It is the Client's responsibility to ensure their email address is correct. The renewal process necessarily involves authentication of the Customer in their private space.

In case of non-renewal of the solution prior to the expiration date, there will be an immediate shut-down of the server. The Client will have a period of 15 days to renew their solution without data loss. After this time, if the contract is not renewed, the server will be shut down completely and all Client data will be permanently deleted. During this 15-day-period, We will provide a free FTP client, which will allow Customers to retrieve the contents of the server so that they can use their data freely outside of our infrastructure. We disclaim all responsibility for the use of the contents of the Client's virtual server undertaken outside of Our infrastructure.

It is not possible to terminate an active solution, if You stop using Our services before the end of the rental period no refund will be made.

To stop using our services, the Customer may choose not to renew their solution, which will result in termination of the service upon the expiration date.

Changing a solution

Customers with a turnkey solution have the opportunity to upgrade their solution at any time by logging into their private space and selecting the machine to change.

The upgrade process is performed in one step, in which Our system suggests extra resources which may be added to the existing solution. The Customer will be allowed to add resources to the extent which can be technically supported by Our service.

We do not currently offer the option to upgrade a solution which has been customized for the client. A client with a customized solution can not currently access their administration from their private space. We are committed to developing this functionality as quickly as possible. If a Client wishes to develop a custom solution, they can contact Our support team via the contact us form on the public part of the site.

For technical reasons We can not make it possible to downgrade a solution. The Customer can not reduce the specifications of their solution once the order is finalized. We invite you to check the specifications of your order carefully before final confirmation.

When the Customer amends a current solution, We will automatically reset the number of days remaining unused from the former solution on a pro rata basis.

Retraction

Notwithstanding the provisions of Article 12 of the general conditions of service, the Client (who is regarded as a consumer under the provisions of the Consumer Code) expressly agrees to the immediate execution of the service from the point of confirmation of the order. Upon confirmation of the payment, the Customer will have access to the server. Consequently (and in accordance with Article 121-20-2 of the Consumer Code), the Customer will not have the right to exercise their right of cancellation for any order or renewal service.

Reboot and temporary unavailability of a server

Some operations performed automatically by Our system after changes requested by You may require the restarting of the application or the temporary unavailability of your server.

In all cases, We are committed to alerting the client when completing an action requires the machine to be shut down and restarted. The Customer must ensure that these operations at a convenient time, QUAL.IT shall in no event be held liable for any inconvenience caused to users while restarting the virtual machine client.

Support

We undertake to provide You with technical support and customer service online, either through Our website or via the contact channels displayed on Our website.

For Your communications and notifications to QUAL.IT, in addition to the contact information on Our website, You can use the contact and support form provided for this purpose.

Abuse service

Qual.IT does not host cyber crooks and fights against illegal practices. If you are victim of spam or attack from a server hosted in Our infrastructure, send an email to abuse@qualit-cloud.com. We will endeavor to resolve the situation immediately.

Safeguards and Security

We offer our Clients various levels of support with regards to the automatic backup of their data. The first level of automated backup is available to all customers. Every day a copy of each virtual server is made and stored on Our secure infrastructure. In the event of hardware failure, the contents of Your server will be protected and will be restored in the shortest possible time. The second level is exclusively for business Customers. Each day a copy of the server is made and stored in Our secure infrastructure using centralized software. Each copy is saved for a week and can be restored on request by the Client.

With regard to automatic backups, We have no knowledge of the recorded data. It is Your responsibility to ensure that You own the rights to the data and that the content does not infringe either French law or morality.

We also delegate responsibility for manual backups to the Client. Each Client's private space has an option entitled "Snapshots", which enables each Client to make up to two copies of the environment at a specific time. These can then be restored at the Customer's convenience. Being a manual backup, We have no knowledge of the state of the server at the time of the data recording. Under no circumstances can We be held responsible for any change in service quality if an unstable copy is used to restore the server.

At the same time, We offer the Customer the option to download their machine’s environment at any time so that they can use it or archive it outside of Our infrastructure. This feature is chargeable and is accessible from the Client's private space in the section marked "Export". The cost of exporting data is displayed in the corresponding section of the Client's private space.  It is subject to change. In case of change, the Client will be provided with written notice of the revision at least one week in advance of its taking effect.

Upon activation of the export procedure, a server will e-mail the details of an FTP session to the Client. This will enable the Client to retrieve the contents of their server to use freely outside Our infrastructure. The session will be valid for a period of 15 days before being permanently closed. We can not be held responsible if the Client does not download the contents of their environment before the expiry of the session. On the other hand, if the Client decides to launch a new export process before the end of the previous session, the new process will override the old one and will require a second payment. We disclaim all responsibility for the use of the contents of the virtual server client when used outside of our infrastructure.

QUAL.IT undertakes to do everything in its power to ensure the protection and independence of its Customers' servers. We also provide tools which enable Customers to enhance the security of their environment through firewall rules and by whitelisting the IP addresses which are allowed to connect to the administration server.

We are committed to providing the Customer with access to the service via Internet 24 hours a day, every day of the year. In case of absolute necessity, We reserve the right to interrupt the service to perform any essential work required to improve the functioning of the service. We shall take all reasonable steps to provide the Customer with advance notice of the nature and duration of the intervention, so that they can make appropriate arrangements. We are fully committed to ensuring continual quality of service, except when suspension of service is requested by the administrative or judicial authorities or in case of force majeure.

The following are examples of incidents which would be considered force majeure : fire, explosion, failure of transmission networks, breakdown of facilities, epidemic, earthquake, flood, power failure, war, embargo, law, injunction, request or requirement of any government, strike, boycott, withdrawal of the authorization of a telecommunications operator, or other circumstances beyond our reasonable control. If any of these circumstances prevents or hinders the proper functioning of our service then, subject to notification to the Customer, We will be excused from Nur obligations. The Client will also be exempt from the fulfilment of their obligations. The party affected by an event of force majeure will update the other party regularly by email regarding the development of the situation.

If the effects of an event of force majeure last longer than 30 days from the date upon which the other party receives notification of the situation of force majeure, the contract will be automatically terminated at the request of either party, without either party having the right to compensation.

Confidentiality

We attach great importance to the protection of personal data. In general, You can visit Our Internet site without telling us Your identity or providing personal information about Yourself. However, We may sometimes ask You for information. By accessing Our website and Our services, You consent to the recording of Your information under the conditions described below. They are used only on this site.

We store information about You to allow us to identify You correctly in order to provide a good quality of service. This information may include Your title, Your family name, Your first name, the name of Your company or Your organization, Your e-mail address, Your telephone number, Your postal address (business or personal), Your SIREN or INSEE number and Your date of birth. We do not store any information on the method of payment used for an order, upgrade or renewal. Your personal information may be stored or used in France or any other country, where QUAL.IT has representatives.

This information may be used by Us : to deliver an order ; to provide effective customer service ; to facilitate Your navigation through the site, or to contact You with commercial offers or communications regarding our service. Information about You is not sold, rented or loaned to any third-party service. Under no circumstances shall We be held liable for the disclosure of Your personal information.

We combine Your personal data with anonymous information provided by our partner service tool, Google Analytics, in order to provide relevant content. Note that this service may leave cookies on your computer if You accept them (please check Your browser settings).

If the law requires us to, We may disclose your personal information. This can also be done at Our discretion if We believe it is necessary. This may be : to protect and defend Our rights or property, to act in the event of an emergency that may affect the safety of our employees and users of our services or to comply with legal process or decrees.

We guarantee the protection of Your personal information. For this We use several security technologies and procedures to ensure the integrity of Your data and to prevent its unauthorized disclosure. The servers We use have restricted access and are located in highly secure facilities. We also use SSL encryption throughout the site, as well as other encryption techniques to protect Your personal information.

We recommend that you consult the data, files and freedoms Act of 6 January 1978, as amended by the CNIL.

If You feel that We have not adhered to this Statement, please contact Us, We shall do everything possible to identify the problem quickly and solve it.

Operating systems and factory settings

We offer our Customers the option of automated installation of the operating system (s) on the Virtual server(s) purchased. Installation is necessary upon the order of a new solution. A turnkey solution requires the automatic installation of an operating system in order to function.

The operating systems which We offer are available, regardless of the solution selected. They are included in the price of Your solution. We strive to continue to bear the cost of operating systems under a proprietary license.

You can not uninstall the operating system on your machine to install it on another machine. We advise you to think carefully when selecting the operating system at the time of you order, it will not be possible to change it thereafter.

You can request the restoration of factory settings of Your machine at any time via Your private space. This action will result in the complete removal of all data from Your server and the re-installation of the operating system chosen at the time of purchase. It will also reinstall the applications which were automatically installed via Our web interface, whether they are from the public area or the "Applications" section of your private space. Please note that any applications which were previously installed automatically via Our web interface and then terminated by You will not be reinstalled.  All applications installed manually by You are likewise excluded from re-installation through the restoration of factory settings.

Applications

We offer Our Customers the option of automated installation of application(s) on the Virtual server(s) purchased. The installation can be made at the time of purchase or at any other time requested via the Client's private space.

We give the Customer the ability to install applications which correspond to the type of solution chosen during the order process (individuals, companies or schools and training centres). Some of these applications have an installation cost charged at the time of confirmation of the order, be it the purchase of a new solution or a request to install a specific application made via the Client's manager.  Other applications carry a monthly charge for usage, which is included in the total invoice submitted to the Client according to the agreed payment frequency.

Our rates are displayed both in the “Applications” section of the Client’s private space and during the purchase process for the automatic installation of new applications. They are subject to change. In case of change, the Client will be provided with written notice of the revision at least one week in advance of its taking effect. In the case where a solution is renewed after a Tariff has been changed, the new rate necessarily be applied to the renewed solution.

The Customer is not the owner of the applications installed on the virtual machine via Our web interface. By using applications requiring a monthly charge, they accept that these will cease to be usable if the Client specifically requests the termination of said application from their private space.

We undertake to do our best to keep the catalogue of applications available indefinitely, but We can not in any circumstances be held liable for the obligation to withdraw an application from Our catalogue following a dispute with the editor of the application, or the withdrawal of an application or the finding of a deterioration in the quality of Our infrastructure related to the use of an application.

Some of the supported applications can not be uninstalled from the Client machine without causing an alteration in its operation. For this reason, We do not allow the automatic termination of these applications via Our web interface. We invite the Customer to confirm their choice before installing an application which requires a monthly fee and for which We do not allow uninstallation and automatic termination. Under no circumstances can We be held responsible if the Client attempts manual uninstallation of any application which has been automatically installed by Our service on their VM, whether this application requires a monthly fee or not. Under no circumstances shall We cancel or refund the monthly charge for an application.

The Customer has the option to install software themselves on their server. These applications are their sole responsibility and We can not be liable for any malfunction of the environment resulting from them.