Contractual document
Special Terms — Managed Docker containers
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 · Managed Docker Containers
Conteneur Découverte (Discovery Container) · Standard · Performance · Intensif (Intensive)
1. Description of the Service
DINAO provides the Customer with a containerised runtime environment, hosted in France, comprising: the deployment of an application chosen from the application catalogue, an allocation of resources according to the tier subscribed, a hosting domain name, a TLS certificate, and a management interface accessible from the customer area.
| Tier | Processor | Memory | Storage | Included outbound bandwidth | Public ports | VPN accounts (option) |
|---|---|---|---|---|---|---|
| Découverte | 1 vCPU | 2 GB | 20 GB | 200 GB/month | 1 | 2 maximum |
| Standard | 2 vCPU | 4 GB | 40 GB | 500 GB/month | 2 | 5 maximum |
| Performance | 4 vCPU | 8 GB | 80 GB | 1 TB/month | 4 | 10 maximum |
| Intensif | 8 vCPU | 16 GB | 160 GB | 2 TB/month | 8 | 25 maximum |
The resources indicated are upper limits. The Service runs on a shared infrastructure: several containers belonging to different customers may share the same physical server, each being isolated from the others.
2. Scope of the managed service
DINAO operates the infrastructure: availability of the servers, network, host system, platform backups, monitoring and security of the underlying platform.
This article defines the scope of the managed service: what DINAO takes care of. The time frames within which the Customer's requests are handled are governed by Article 9, which describes the included level and the guaranteed levels that may be subscribed.
3. Opening ports and exposure on the Internet
From its customer area, the Customer may open a number of public ports determined by its tier. The ports required for the application to operate, set up by DINAO, do not count towards this quota and cannot be closed.
- The default mode restricts access to the IP addresses declared by the Customer. Opening to all addresses is possible over TCP, under the Customer's sole responsibility.
- Over UDP, opening to all addresses is not offered to the Customer, in order to prevent use of the Service as a reflector for amplification attacks. By way of exception, where the deployed application requires it in order to operate (real-time audio and video, in particular video conferencing) and its application catalogue page says so, DINAO opens to all addresses the UDP media transport port of that application. This port is set up and filtered by DINAO, which limits the throughput accepted from each address; it is one of the ports required for the application to operate. The Customer may restrict access to it to the addresses it declares.
- Certain ports are prohibited for security reasons, in particular port 25 (outbound SMTP, see the box below) and those related to system administration.
- In the event of a move to a lower tier, the ports exceeding the new quota are closed, the most recently opened first. The ports required for operation are preserved.
4. VPN access (option)
The Customer may subscribe to an option for private access through an encrypted tunnel (WireGuard), invoiced according to the number of user accounts. Each account corresponds to one device.
4.1 Delivery and retention of configurations
When an account is created, the configuration — including the private key — is communicated to the Customer once only. DINAO does not retain it: this absence of retention ensures that no one other than the Customer can use it. In the event of loss, the Customer renews the account from its customer area, which produces a new configuration and renders the previous one immediately inoperative.
4.2 Customer's responsibility for its access
The Customer is solely responsible for the safekeeping, distribution and revocation of the configurations given to its users. Any connection established by means of a valid configuration is deemed to have been made by the Customer.
4.3 Scope of access
The tunnel gives access only to the services that the Customer has expressly made reachable. It does not constitute access to DINAO's infrastructure or to other customers. The Customer may, at its convenience, close the public port of a service that has become reachable through the tunnel; it is the Customer's responsibility to check beforehand that its users have operational VPN access.
4.4 Number of accounts
The number of usable accounts corresponds to the quantity subscribed, within the limit of the tier's maximum. In the event of a reduction in the quantity subscribed, the excess accounts cease to be operative, the most recently created first; they are not deleted and become operative again if the quantity is increased again.
4.5 Availability of the tunnel
VPN access uses the UDP protocol. Certain third-party networks (companies, hotels, public access points) filter it. This impossibility, which lies outside DINAO's infrastructure, cannot give rise to any entitlement to compensation or to termination for breach.
4.6 Domain name resolution in the tunnel
So that the Customer can continue to reach its application by its domain name — and therefore over HTTPS, with a valid certificate — the configuration provided declares a name resolution service provided by DINAO and reachable only inside the tunnel. The Customer is informed of this by the set-up documentation provided to it.
Scope. This service substitutes a response only for the single domain name associated with the Customer's deployment. Any other resolution request is forwarded, unmodified, to a third-party public resolver, as at the date hereof Quad9, which may refuse to resolve names it identifies as malicious. This resolver receives the requests from DINAO's infrastructure, without the address of the Customer's device; it does not act on DINAO's behalf and is not one of its processors. No other browsing by the Customer is redirected or altered.
Consequence to be aware of. As long as the tunnel is active and this service is declared on its device, the name resolution requests sent by that device pass through DINAO's infrastructure before being forwarded to the third-party resolver. DINAO neither retains nor logs these requests; they are not subject to any exploitation, any profiling or any disclosure to a third party other than the technical forwarding necessary for resolution.
Optional nature. The Customer may remove this declaration from its device's configuration. It then retains access to its services through their addresses in the tunnel, but loses the ability to reach its application by its domain name and, consequently, over HTTPS.
Confidentiality of exchanges. Encrypted traffic destined for the Customer's application is relayed without being decrypted: DINAO has no access either to the content of the exchanges or to the elements protected by the Customer's certificate, which remains presented end to end.
Limitation. Resolution of names other than that of the deployment depends on the availability of the third-party resolver. Its unavailability, which lies outside DINAO's infrastructure, cannot give rise to any entitlement to compensation or to termination for breach.
5. Application configuration
The Customer may modify certain application settings of its deployment from its customer area. Elements relating to isolation, security, resource allocation and network topology are reserved to DINAO and cannot be modified; a configuration containing an unauthorised element is rejected.
The Customer is liable for the consequences of the modifications it makes to its application, in particular any unavailability or loss of data resulting therefrom.
6. Application versions and updates
The application catalogue publishes the available versions. The Customer chooses the policy applicable to its deployment, between automatic updating within the same major version and updating at its sole initiative.
- A prior backup is made before any update triggered by the platform.
- Moving to a new major version requires an explicit action by the Customer, because of the compatibility breaks it may entail.
- The Customer remains responsible for the compatibility of its data and settings with the version it chooses.
Elements added outside the data volumes. Elements that the Customer adds to its application outside the data volumes of its deployment — for example an extension placed in the container by means of the console — are not retained during a change of version. Where the platform detects such elements, automatic updating is suspended and the Customer is informed; an update at its initiative then requires its express confirmation. This detection covers only the applications for which DINAO knows the location of extensions and does not constitute a guarantee of retention.
7. Backups and data
DINAO makes a full backup of the deployment's data every day — all of its volumes: application files and database —, at the time chosen by the Customer from its customer area; a default time is proposed when the deployment is created. The application is briefly stopped during the copy, in order to guarantee the consistency of the backup.
- A maximum of seven (7) backups are retained per deployment, including backups made at the Customer's request; the oldest are deleted as new ones are made.
- Backups are stored on the infrastructure that hosts the deployment; they are not counted against the disk space of the tier subscribed.
- The Customer may disable the daily backup; no automatic backup is then made, under its sole responsibility.
- A suspended deployment is not backed up for the duration of the suspension.
- Where the Customer configures an S3-compatible storage destination, each backup is also copied there; these copies are managed solely by the Customer, and DINAO never deletes them.
- Backups cover the deployment's volumes: they do not include the elements added by the Customer outside these volumes (Article 6).
From its customer area, the Customer also has an on-demand backup and restoration function and a full export of its data.
On termination, the data and backups associated with the deployment remain recoverable under the conditions of Article 19 of the General Terms, and are then permanently deleted. It is the Customer's responsibility to export them before that deadline.
8. Availability, maintenance and interruptions
The Service is hosted on an infrastructure that has no automatic redundancy mechanism. Consequently, and whatever option is subscribed under Article 9, DINAO gives no quantified availability rate commitment. DINAO implements reasonable means to ensure the continuity of the Service and announces its maintenance operations under the conditions of Article 18 of the General Terms (daily maintenance window; forty-eight hours' notice outside that window).
The following may cause an interruption: maintenance operations, security updates of the underlying platform, and actions requested by the Customer itself.
Certain operations requested by the Customer — modification of the configuration, change of version, restoration, migration — by their nature entail a restart of its application. Operations relating to ports and VPN access are designed not to interrupt the application.
The following operations may recreate the application container: change of version, modification of the domain, of the environment variables or of the configuration, restoration, migration to another server, and DINAO's interventions necessary to restore the Service. A recreation erases the elements added by the Customer outside the data volumes (Article 6). Where the platform detects such elements before an operation requested by the Customer, it warns the Customer and requires its express confirmation; the absence of a warning does not constitute a guarantee of retention. It is the Customer's responsibility to keep its own copies of these elements.
9. Support responsiveness
The managed service described in Article 2 is included in the container price. This article defines the time frames for handling the Customer's requests, and the guarantees it may subscribe. It modifies neither the scope of the managed service nor the exclusions attached to it.
9.1 Included level
At the included level, interventions are carried out on a "best effort" basis. Requests are handled according to their nature and criticality, in the order of priority determined by DINAO having regard in particular to the impact on the availability of the Service, without any contractual commitment as to a time to take into account or to resolve. This level includes no Guaranteed Intervention Time (GTI) or Guaranteed Restoration Time (GTR).
Automated monitoring of the infrastructure is provided continuously. Human interventions are carried out from 9 a.m. to 5 p.m. (Paris time), Monday to Friday, excluding public holidays in France. DINAO may intervene outside these hours where the situation, its available resources and operational requirements justify it, without this constituting a contractual commitment or creating an enforceable practice.
9.2 "Support responsiveness" option
The Customer may subscribe, when ordering or during the contract, to one of the following levels, on the price terms in force on the date of subscription:
| Level | Handling | Guarantees |
|---|---|---|
| Best effort (included) | As per Article 9.1 | No guaranteed time |
| Priority handling | Priority over requests from Customers at the included level | GTI 2 hours |
| Enhanced priority handling | Priority over requests at all other levels | GTI 30 minutes · GTR 4 hours |
9.3 Definition of the guaranteed times
The Guaranteed Intervention Time (GTI) is the maximum time between receipt of the Customer's request and the start of its handling by a DINAO operator. Handling is deemed to have started when the first personalised message acknowledging receipt of the request and announcing its handling is sent to the Customer; an automatic acknowledgement of receipt does not constitute handling.
The Guaranteed Restoration Time (GTR) is the maximum time between receipt of the request and the restoration of the Service to a nominal operating state, or the implementation of a workaround enabling the Customer to resume its activity.
9.4 Counting window and starting point
The guaranteed times are counted from 9 a.m. to 5 p.m. (Paris time), Monday to Friday, excluding public holidays in France (hereinafter the "counting window"). A time period that has started before the end of the window and has not expired at that point is suspended, then resumes at the opening of the next window for the remaining duration. A request received outside the counting window is deemed to have been received at the opening of the next window.
The time period runs from receipt of the request through the support channel indicated by DINAO. The timestamp recorded by DINAO's support tool is authoritative between the parties. A request sent through another channel does not cause any guaranteed time to run.
9.5 Exclusions
No guaranteed time runs, and the corresponding time is deducted from its count, during the following periods:
- waiting for an item, an access or a decision from the Customer;
- scheduled maintenance operations announced to the Customer;
- unavailability attributable to the Customer's application software, to a modification made by the Customer or by a third party, or to a third-party service not administered by DINAO;
- restoration of data whose volume makes the time period materially unachievable, the restoration time then being communicated to the Customer as soon as it is known;
- force majeure, or failure of a DINAO infrastructure or connectivity supplier.
9.6 Claims and compensation
A Customer who observes that a guaranteed time has been exceeded has thirty (30) days from that overrun to submit a claim through the support channel, stating the reference of the request concerned. After that period, the claim is no longer admissible.
Each overrun established entitles the Customer, for the billing month concerned, to a credit note of twenty-five per cent (25%) of the monthly amount of the "Support responsiveness" option per overrun, capped at one hundred per cent (100%) of that amount for the month. This credit note constitutes the flat-rate and exclusive compensation for any overrun; it is applied to the next invoice and does not give rise to any cash refund.
9.7 Change of level
The Customer may change its level at any time from its customer area. The change takes effect at the next billing due date; the guarantees of the new level apply from that date.
10. Renewal, termination and notice
10.1 Notification of renewal
DINAO will notify the Customer by email, before the due date, of the obligation to pay the price for the renewal of the Service, where renewal is possible.
10.2 No commitment or notice specific to the Service
The Service involves neither a commitment period beyond the current period, nor a notice period specific to this family of Services. The rules for renewal and termination of the Service are those of Articles 6.5, 6.7 and 7 of the General Terms, summarised below.
- the Customer objects to renewal by disabling automatic renewal from its customer area before payment of the renewal invoice, and at the latest on the day before its due date; this invoice is issued within the time limits of Article 6.5 of the General Terms;
- an invoice that has been paid, including by means of the account credit, constitutes renewal.
10.3 Termination request
The Customer submits its termination request from its customer area, using the termination function of the service, or by ordinary letter, under the conditions of Article 7.3 of the General Terms. Subject to the right of withdrawal (Article 12 of these Special Terms), sums already paid for the current period are not refunded (Article 7.3 of the General Terms).
On termination, the deployment's data and backups are dealt with as set out in Article 7 of these Special Terms.
11. Resources and overuse
11.1 Resources of the service
The common terms "Resource consumption and overuse", reproduced after these Special Terms, apply to the following resources:
| Resource | Category | Measurement | Overuse threshold | Measure in the absence of regularisation |
|---|---|---|---|---|
| Processor | capped | platform, every minute | not applicable: at the cap, the application is slowed down, never stopped | information only |
| Memory | capped | platform, every minute | not applicable: at the cap, the service concerned is stopped and then restarted automatically | information only |
| Data volume space | capped | platform, every five minutes | not applicable: at the cap, the application can no longer write to its volumes | information only |
| Writes outside the data volumes | not authorised | platform, per container | any write outside the authorised volumes | deletion of the data concerned, without warning (Article 11.3) |
| Outbound bandwidth | shared — included volume | platform, cumulative per calendar month | included volume of the tier exceeded in two consecutive calendar months, or by more than 50% in the same month | throttling of the deployment's outbound throughput to 10 Mbit/s |
11.2 Included bandwidth
The volume of outbound bandwidth included in each tier is not a blocking technical limit: exceeding it entails neither automatic interruption of the Service nor billing per gigabyte. DINAO informs the Customer when its consumption reaches 80% and then 100% of the included volume during a calendar month, and indicates the appropriate tier. Only overuse within the meaning of the table above opens the procedure of the common terms; throttling then applies until the end of the current calendar month.
11.3 Data written outside the volumes
The data that an application retains must be retained in the deployment's data volumes, which alone are covered by the tier's disk space and by the backups. Writing data outside the authorised volumes is normally technically impossible. However, if, as a result of a configuration error, writes were to be made outside these volumes, the data concerned will simply be deleted, without any warning. They are neither backed up nor restorable.
11.4 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 agreement.
12. Right of withdrawal
12.1 Principle
The consumer Customer, as well as the 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 in which 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.
12.2 Immediate start of the Service
Deployment takes place as soon as the order is placed. Before validating 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.
12.3 Amount due and refund
In the event of withdrawal, the Customer pays an amount proportionate to the Service provided up to the communication of its decision, calculated pro rata to the price of the current period (Article L221-25 of the French Consumer Code). DINAO refunds the surplus 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 dealt with under the conditions of Article 19 of the General Terms.
12.4 Renewal
Renewal of the Service extends the contract concluded at the time of the order: it does not give rise to a new right of withdrawal. A Customer who does not wish to renew disables 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.
