Contractual document
Special Terms — Hosted databases
This document brings together the Special Terms of your offer and the General Terms applicable to all DINAO services. Together they form a single, indivisible contract.
Special Terms · Hosted databases
MySQL databases · HFSQL Client/Server · MySQL (v2024) · PostgreSQL (v2024) · Microsoft SQL Express (v2024)
1. Nature of the Service
DINAO provides the Customer with one or more databases hosted in France on a database engine that it operates, with a storage volume and a number of connections determined by the subscribed offer.
2. Allocation of responsibilities
DINAO implements reasonable means to ensure the availability of the engine (Article 18 of the General Terms), as well as its updates, the monitoring and the backup of the platform. The Customer remains responsible for the schema of its databases, for the content it records in them, for the access rights it grants and for the quality of its queries.
3. Remote access
Access from outside the DINAO network, where offered, is restricted to the IP addresses declared by the Customer. It is for the Customer to keep this list up to date and to protect the credentials provided to it.
4. Resources and overrun
4.1 Resources of the service
The Common Terms "Resource consumption and overrun", reproduced after these Special Terms, apply to the following resources:
| Resource | Category | Measurement | Overrun threshold | Measure in the absence of regularisation |
|---|---|---|---|---|
| Database volume | uncapped | daily reading of the volume used | volume used greater than the subscribed volume for seven consecutive days | no intermediate restriction: suspension from the fifteenth day (Article 6 of the Common Terms) |
| Processor, memory and disk access of the engine | shared | monitoring of the database server, per database | a database using on average more than 15% of the processor or disk access of the engine for more than fifteen minutes, on several occasions over seven days | limitation of the number of simultaneous connections to the database |
| Simultaneous connections | capped | engine parameter | not applicable: the number of connections is that of the offer | information only |
4.2 Blocking query
A query that blocks the engine to the detriment of the other databases may be interrupted immediately by DINAO, as an emergency (Article 7 of the Common Terms). The interruption cancels only the query in progress; data already recorded are not affected.
4.3 Suitable offer
Where the consumption of a service persistently exceeds what shared hosting can offer, DINAO may offer the Customer a virtual private server, on which the Customer itself sets the resources it needs. This offer binds the Customer only after its express consent.
5. Backups of the Customer's data
5.1 Customer's responsibility
The Customer is responsible for backing up its data: it makes the backups of its databases (exports) itself, keeps them outside the Service and periodically checks that it can restore them. The backups that DINAO makes of its infrastructure under its business continuity plan (Article 17 of the General Terms) serve solely to restore the platform after an incident: they do not constitute a backup of the Customer's data and do not give rise to any return of data at its request.
5.2 Automated backup option
No backup of the Customer's data is owed outside an option. Where its offer includes one, the Customer may subscribe to an automated backup option. The data backed up, the frequency, the retention period, the quota and the place of storage (in the same data centre on separate equipment, or in a second data centre) are those of the subscribed option, as indicated at the time of order. Data are returned upon the Customer's request sent through support (Article 17 of the General Terms). The option does not release the Customer from making its own backups (Article 5.1).
5.3 End of the service
At the end of the service, whatever the cause, the Customer has the period provided for in Article 19 of the General Terms to recover its data before their permanent deletion.
6. Right of withdrawal
6.1 Principle
A Customer who is a consumer, as well as a business customer in the cases provided for in Article L221-3 of the French Consumer Code (Code de la consommation), has a period of fourteen days from the conclusion of the contract to withdraw, without having to give reasons for its decision (Article L221-18 of the same code). It exercises this right from its customer area, under the conditions of Article 12 of the General Terms.
6.2 Immediate start of the Service
The Service is brought into service upon order. Before confirming its order, the Customer expressly requests, by means of a separate checkbox, that the Service begin before the end of the withdrawal period, and acknowledges that, if it withdraws, it will pay for the service provided up to its withdrawal. This request does not cause it to lose its right of withdrawal.
6.3 Amount due and refund
In the event of withdrawal, the Customer pays an amount proportionate to the Service provided until it communicated its decision, calculated pro rata to the price of the current period (Article L221-25 of the French Consumer Code). DINAO refunds to the Customer the excess of the sums paid no later than fourteen days after being informed of its decision, using the means of payment used for the order, unless the Customer agrees to another means (Article L221-24 of the same code). The Service ends on the date of withdrawal; the Customer's data are handled under the conditions of Article 19 of the General Terms.
6.4 Renewal
Renewal of the Service extends the contract concluded at the time of order: it does not open a new right of withdrawal. A Customer who does not wish to renew deactivates automatic renewal under the conditions of Article 6.7 of the General Terms.
Common Terms · Resource consumption and overrun
Virtual private servers · Managed Docker containers · Shared application hosting · Hosted databases · Email
1. Definitions
- Capped resource: resource whose limit is enforced by the infrastructure itself, so that the Service cannot technically exceed it (for example, the number of virtual processors or the memory of a container).
- Uncapped or shared resource: resource whose consumption is not technically limited per service, or which is pooled between several customers (for example, the bandwidth of a physical server, its disk access, or the processor of a shared hosting server).
- Overrun: consumption of an uncapped or shared resource above the threshold set by the Special Terms, sustained for the duration they specify. A one-off peak is not an overrun.
2. Measurement
Consumption is measured by DINAO's monitoring tools. Their readings are authoritative between the parties; DINAO provides the Customer, on simple request, with the readings for the period in question, in accordance with Article 18 of the General Terms. No threshold may be enforced against the Customer for a resource that DINAO does not measure.
3. Capped resource reached
When a capped resource reaches its limit, the Service continues to operate within that limit. This is not an overrun: no restriction or cut-off measure is taken on that account. DINAO may inform the Customer of it and indicate the offer or tier suited to its consumption; the Customer remains free to act on it or not.
4. Information to the Customer
When an overrun is observed, DINAO informs the Customer by email sent to the account contact and by a support request opened in its customer area. The notice specifies:
- the service and resource concerned;
- the consumption recorded, the measurement period and the applicable threshold;
- the options available to the Customer (Article 5) and the time allowed;
- the measure that will be applied in the absence of a response or of regularisation;
- where the Service is provided on shared infrastructure (hosting, databases, containers), the offer of a virtual private server provided for in the paragraph "Suitable offer" of the Special Terms.
If the Customer has neither responded nor reduced its consumption, DINAO sends it a reminder four days after the notice.
5. Response period and Customer's options
The Customer has seven (7) calendar days from the notice to:
- reduce its consumption below the applicable threshold;
- subscribe to a suitable offer or tier, at the current rate. No change of offer or tier is invoiced without the Customer's express consent;
- dispute the finding, by a reasoned reply to the support request. A reasoned dispute suspends the period, once, until DINAO's reply.
Where a new overrun of the same resource occurs within six months following a restriction measure, this period is reduced to forty-eight (48) hours.
6. Measures in the absence of a response or of regularisation
On expiry of the period, if the overrun persists and the Customer has not made one of the choices in Article 5, DINAO may apply the following measures in succession, each of them notified to the Customer:
- Restriction, from the seventh day, where the Special Terms provide for one for the resource concerned: the measure they specify (throttling of bandwidth, disk access or processor, blocking of outgoing sending). The restriction is proportionate to the resource at issue, entails no loss of data and ends no later than the end of the current calendar month, unless the overrun persists.
- Suspension, from the fifteenth day if the overrun persists: the Service is suspended. The Customer is given prior notice sent no later than ninety-six (96) hours beforehand, i.e. no later than the eleventh day. The data are kept during the suspension; in accordance with Article 7.6 of the General Terms, the suspension does not release the Customer from its obligation to pay.
- Termination, from the thirtieth day if the Customer has still not regularised: the contract may be terminated as of right, pursuant to Article 7.5 of the General Terms. The data remain recoverable under the conditions of Article 19 of the General Terms.
7. Emergency
Where consumption endangers the security or stability of the infrastructure, or the service provided to other customers, DINAO may apply a restriction or suspension measure immediately and without notice, in accordance with Article 7.6 of the General Terms. DINAO informs the Customer within twenty-four (24) hours, with the readings that justify it; the procedure of Articles 4 to 6 then resumes for regularisation.
8. Lifting of measures
As soon as the Customer has reduced its consumption below the threshold or subscribed to a suitable offer, DINAO lifts the measure applied within twenty-four (24) hours, free of charge.
9. Safeguards
- DINAO always applies the lightest sufficient measure, only one at a time.
- No measure taken hereunder entails the deletion of the Customer's data, with the exception of data written outside the authorised locations where the Special Terms so provide (containers, Article 11.3).
- No change of offer, tier or rate results from an overrun without the Customer's express consent.
- Each step — notice, reminder, restriction, suspension, lifting — is recorded in the Customer's support request, where the Customer can follow its history.
