Special Terms · Off-site backup

Automatic backup of files to a space hosted by DINAO · Quota · Commitment

1. Purpose of the Service

The Service enables the Customer to copy automatically, at regular intervals, the files it designates to a storage space specific to the Customer, hosted on DINAO's infrastructure in France, and to restore them when needed. It protects the Customer against the loss of its original files (failure, deletion, theft, malicious encryption of its workstations); it replaces neither the backup of its servers hosted by DINAO, which is governed by Article 17 of the General Terms, nor a disaster recovery plan.

2. Commissioning and backup software

2.1 Backup account

Upon commissioning, DINAO creates a backup account in the Customer's name, with the quota of the subscribed plan, and sends it its login credentials. The Customer ensures their confidentiality: any operation carried out with its credentials is deemed to have been carried out by it.

2.2 Software installed at the Customer's premises

The Service is a software service: it does not include the supply of any equipment. Backup is performed by means of software that the Customer installs on each of the workstations or servers to be protected; its name and version are indicated in the customer area. The Customer verifies that its equipment meets the technical requirements indicated by DINAO (operating system, Internet connection) and keeps the software up to date. DINAO assists it with the initial configuration, at its request, under the conditions of Article 5 of the General Terms.

3. Essential characteristics

Within the meaning of Article 3 of the Common Terms for Backup Services, the Service comprises:

• the automatic backup of the files designated by the Customer, according to the schedule it sets;
• the encryption of files on the Customer's workstation, if it so chooses, so that DINAO cannot read them;
• the retention of earlier versions and of deleted files, according to the account settings (Article 7);
• restoration by the Customer itself, from a web interface;
• extraction by DINAO, upon a support request, where the backup is not encrypted;
• a daily email on the status of the backup;
• a tiered quota, based on the space consumed (Article 4);
• storage in France and an encrypted connection between the software and the server.

4. Backup quota

4.1 Subscribed quota

The Service is invoiced according to a backup space quota, chosen from among the tiers offered at the time of order. The quota is assessed on the space actually consumed in the backup space, including earlier versions and deleted files still retained (Article 7).

4.2 Information

The Customer may check the space consumed at any time from the web panel of the Service.

4.3 Quota reached

When the quota is reached, any new addition is blocked: files already backed up are retained, but new or modified files are no longer backed up. The Customer must then either limit what it backs up or increase its quota by moving to the higher tier. No overuse is invoiced automatically.

4.4 Change of tier

The Customer may request at any time a move to a higher quota tier; the additional price is calculated pro rata to the remaining period. A move to a lower tier takes effect at the next renewal, provided that the space consumed fits within the new quota.

5. Term, commitment and renewal

5.1 Minimum commitment

The Service is subscribed for an initial term of at least twelve months, regardless of the invoicing frequency chosen. The Customer may request termination at any time during this term; by way of derogation from Article 7.3 of the General Terms, it takes effect at the end of the commitment period: the Service is provided until that date and the price remains due until then, in accordance with Article 7.4 of the General Terms.

5.2 Tacit renewal

At the end of the initial term, the contract is tacitly renewed for a period of the same duration, and so on, unless the Customer deactivates renewal at the latest on the day before the due date of the renewal invoice for the current period, under the conditions of Articles 6.5 and 6.7 of the General Terms. The price continues to be invoiced according to the frequency chosen at the time of order. The Customer who is a consumer is informed of its option not to renew the contract under the conditions of Article L215-1 of the French Consumer Code (Code de la consommation).

5.3 Consumer's withdrawal

The Customer who is a consumer has the right of withdrawal provided for in Article L221-18 of the French Consumer Code, under the conditions of Article 12 of the General Terms. If it has requested that the Service begin before the end of the withdrawal period, it pays, in the event of withdrawal, an amount proportionate to the service provided up to its decision (Article L221-25 of the same code). Withdrawal terminates the contract notwithstanding the commitment period of Article 5.1: only that amount remains due, and DINAO refunds the excess of the sums paid no later than fourteen days after having been informed of the Customer's decision (Article L221-24 of the same code). The renewal of the contract (Article 5.2) does not give rise to a new right of withdrawal.

6. Scope, scheduling and monitoring

6.1 Choice of scope

The Customer chooses the folders and files backed up, as well as the exclusions. Only the files actually transmitted to DINAO's server are backed up: files that are open or locked at the time of the backup, files outside the chosen scope and those of a workstation that is switched off or disconnected are not. For a database, the Customer backs up a consistent export rather than the files of the database while it is running.

6.2 Scheduling

Backups run according to the schedule set in the software, by default at night, so as not to disrupt the Customer's activity. The duration of a backup depends on the volume modified and on the bandwidth of the Customer's connection, which does not depend on DINAO.

6.3 Daily email

The Customer automatically receives, every day, an email informing it of the status of its backup, at the address it has chosen. It is its responsibility to read it and to act in the event of a failed or missing backup: DINAO does not intervene of its own accord on a failed backup.

7. Versions and deleted files

When a file is modified, the Service may retain its previous versions; a file deleted on the Customer's workstation may remain restorable for a retention period. The number of versions retained and that period are those set for the Customer's account; they may be consulted from the web panel and modified upon request. Retained versions and deleted files take up space and are counted towards the quota (Article 4.1): a more generous setting consumes more quota.

Common Terms for backup services

Off-site backup

1. Scope

These terms apply to the backup services whose Special Terms incorporate them: as at the date hereof, the off-site file backup. They prevail over the General Terms and give way to those Special Terms (Article 14.3 of the General Terms). The backup options of the other families of services (hosting, databases, private servers, containers) are governed by their own Special Terms. The Special Terms of the service specify the frequency of backups, the retention period, the capacity or quota and the place of storage. In these Common Terms, a reference to an article without further specification refers to an article of these Common Terms.

2. Definitions

• Backup: copy of the Customer's data, kept by DINAO to enable their restoration.
• Restore point: state of the data at a given moment, which the Customer can recover.
• Retention period: period during which a restore point, or a version of a file, remains available before being deleted.
• Quota: maximum volume that the Customer's backups may occupy, where the service provides for one.
• Second site: data centre separate from the one that holds the main backup.

3. Essential characteristics

The Special Terms of each service list its essential characteristics: what the service does, and which DINAO maintains throughout the term of the contract, including in the event of a change of tool (Article 9 of these Common Terms). A characteristic not listed there is not owed. The name and version of the software used are not part of these characteristics: they are shown in the customer area.

4. Copy, location and security

Backups are kept on DINAO's infrastructure, in France. When they travel over the Internet, the exchanges between the Customer's equipment and DINAO's servers use an encrypted connection. DINAO protects access to the backups, and ensures their maintenance and updating, under the conditions of Articles 17 and 18 of the General Terms.

The infrastructure that holds the backups is itself backed up under DINAO's business continuity plan (Article 17 of the General Terms). This second copy is used to restore the service after an infrastructure incident; it does not give rise to the return of a file at the Customer's request. An additional copy on a second site is owed only if the Customer has subscribed to it. A backup is a copy of the original data, which the Customer retains: it is not their only copy.

5. Encryption by the Customer

Where the service allows it, the Customer may encrypt its backups with a key or password of its choice, so that DINAO cannot read their content. DINAO does not hold this key and can neither recover nor reset it: its loss makes the encrypted data permanently unrecoverable and prevents any extraction by DINAO (Article 6.2 of these Common Terms). This impossibility is the counterpart of the confidentiality sought and cannot give rise to compensation: the Customer keeps its key in a safe place, separate from the backed-up equipment.

Where the backups are not encrypted by the Customer, DINAO accesses their content only for a restoration or an extraction requested by the Customer, or on the order of an authority. For the personal data they contain, DINAO acts as the Customer's processor, under the conditions of Article 11.2 of the General Terms.

6. Restoration and extraction

6.1 Restoration by the Customer

Where the service so provides, the Customer restores its data itself, at any time and free of charge, from the interface indicated in the Special Terms.

6.2 Extraction by DINAO

Where the backups are not encrypted by the Customer, the Customer may ask DINAO, by means of a support request, for an extraction of all or part of its data. The arrangements and the time frame for the extraction are communicated to it before any intervention.

6.3 Time frame

The time needed for a restoration or an extraction depends on the volume to be returned and on the speed of the Customer's connection. DINAO makes no commitment as to duration.

7. Verification by the Customer

The Customer periodically checks that the backed-up scope matches its needs and that its data can be restored, by means of a test restoration. A backup that has never been tested does not constitute a guarantee of recovery.

8. Suspension and end of the contract

During a suspension of the service, in the cases set out in Article 7 of the General Terms, backups and restorations are impossible; backups already made are kept, and the service resumes as soon as the situation is regularised. Suspension does not release the Customer from payment of the price.

At the end of the contract, the Customer may still restore its data or have them extracted during the recovery period provided for in Article 19 of the General Terms. At the end of that period, the backups are permanently deleted, including from DINAO's infrastructure backups on expiry of their retention period. DINAO confirms the deletion to the Customer on request.

9. Changes to the backup tool

9.1 Replacement

DINAO may replace the backup software or technology of a service, or change its version, for a technical reason, in particular the end of support by its publisher, security or performance, provided that the new tool maintains the essential characteristics of the service (Article 3 of these Common Terms), without any price increase or impairment of quality.

9.2 Prior notice

DINAO informs the Customer by email at least sixty days before the change. In the event of a security emergency, it informs the Customer as soon as possible.

9.3 Transition

Backups made with the former tool remain available for restoration until thirty days after the first successful full backup with the new tool, and at most ninety days after the new tool is brought into service. This first full backup is not counted a second time against the quota. DINAO assists the Customer free of charge with the installation and configuration of the new tool. Since backups encrypted by the Customer cannot be converted by DINAO, the Customer makes a full backup of its data with the new tool.

9.4 Reduced essential characteristic or price change

If the change removes or reduces an essential characteristic, DINAO informs the Customer within the period set out in Article 9.2 of these Common Terms, and the Customer may terminate the service without charge or penalty, including during a commitment period, no later than thirty days after the change takes effect. Any price change follows Article 6.4 of the General Terms.

9.5 New tools

DINAO may offer other backup tools or plans. The Customer is never obliged to switch to them: its service continues under its terms then in force, subject to Article 9.1 of these Common Terms.

10. Liability

By way of derogation from Article 2 of the General Terms, DINAO is bound by an enhanced obligation of means as regards the preservation in full integrity of the backups it has received: in the event of loss or corruption of those backups on its infrastructure, its liability is presumed, unless it establishes that it implemented the measures appropriate to their preservation, in particular storage redundancy, monitoring, updates and data integrity checks, or that the loss results from an external cause. Its liability is limited under the conditions of Article 20 of the General Terms.

DINAO is not liable for:

• data that the Customer has not transmitted, owing to lack of configuration, of running equipment, of connection or of available capacity;
• encrypted data whose key the Customer has lost (Article 5 of these Common Terms);
• restore points or versions deleted through application of the retention period chosen or agreed;
• the operation of the Customer's equipment, network and Internet connection.