Special Terms · Managed VPS with pre-installed application

Managed VPS with Docker and application pre-installed

1. Nature of the Service

DINAO provides the Customer with a virtual machine hosted in France, reserved for a single application chosen by the Customer at the time of order from among those in DINAO's catalogue. DINAO installs on it the operating system, the Docker engine and that application, and then operates the system and the Docker engine.

The Customer receives an administration account for the application. It has no administrator access to the operating system or to the Docker engine, and may not install any other software on them.

2. Allocation of responsibilities

DINAO operates the underlying infrastructure and the machine: hypervisor, network, power supply, operating system and its security updates, Docker engine, machine monitoring and backup of the platform.

The Customer remains responsible for the use it makes of the application and of its administration account: settings, extensions it activates, content, data, user accounts it creates and the rights it grants to them. Restoring the application to working order following an operation carried out with that account is performed upon quotation.

3. Installation of the application

The application is installed upon order in the version offered by DINAO's catalogue at that date, with its default configuration. Any configuration, development or data migration going beyond that installation is subject to a prior quotation.

4. Updates of the application

The application is updated at the Customer's request, sent via support. An update that requires neither data migration, nor configuration changes, nor work on the extensions is performed free of charge. Any other update is subject to a prior quotation, accepted by the Customer before being performed. DINAO informs the Customer, before intervening, of the category into which the requested update falls.

5. Support: priority handling

5.1 Included level

The Service includes the “Priority handling” level: the Customer's requests are handled in priority over those of customers without a guaranteed responsiveness level, with a Guaranteed Intervention Time (GTI) of two (2) hours. This level is the one that DINAO offers as an option for its managed Docker containers.

5.2 Guaranteed Intervention Time

The GTI is the maximum time between receipt of the Customer's request and the start of its handling by a DINAO staff member. Handling is deemed to have started upon the sending to the Customer of the first personal message acknowledging receipt of the request and announcing that it is being processed; an automatic acknowledgement of receipt does not constitute handling. The GTI relates to the handling, not to the resolution of the request.

5.3 Counting hours and starting point

The time limit is counted from 9:00 a.m. to 5:00 p.m. (Paris time), Monday to Friday, excluding public holidays in France (hereinafter the “counting hours”). A time limit begun before the end of the counting hours and not expired by then is suspended, and resumes at the start of the next counting hours for the remaining duration. A request received outside the counting hours is deemed received at the start of the next counting hours.

The time limit 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 trigger any guaranteed time limit.

5.4 Exclusions

No guaranteed time limit 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 configuration of the application or to actions carried out with the Customer's administration account (Article 2), or to a third-party service which DINAO does not administer;
• force majeure, or failure of one of DINAO's infrastructure or connectivity providers.

5.5 Claim and compensation

A Customer who observes that the GTI has been exceeded has thirty (30) days from such overrun to submit a claim through the support channel, stating the reference of the request concerned. After this period, the claim is no longer admissible.

Each overrun established entitles the Customer, for the billing month concerned, to a credit note of ten per cent (10%) of the monthly price of the machine (for a non-monthly subscription, one twelfth of the annual price) per overrun, capped at fifty per cent (50%) of that price for the month. This credit note constitutes the lump-sum and exclusive compensation for any overrun; it is set off against the next invoice and does not give rise to any cash refund.

6. Third-party software licences

The application is provided under its publisher's licence, which the Customer accepts by ordering it. Commercial licences, paid editions and paid extensions of the application are at the Customer's expense, except where the subscribed offer expressly includes them.

7. Backups of the Customer's data

7.1 Backup option

Backup of the virtual machine is an option that the Customer chooses at the time of order and may subsequently modify. The option selected determines:

• the backup cycle and the retention period (for example, the last seven days, or the last seven days and twelve monthly backups);
• the backup storage quota;
• the place or places of retention: the main data centre, on equipment separate from the machine, and, if the option so provides, a second data centre.

The characteristics of the subscribed option appear in the customer area and on the Customer's invoices. Other cycles may be agreed upon quotation, by means of a request sent to support.

7.2 Without an option

Where no option has been subscribed, no backup of the machine is performed for the Customer: it is its responsibility to set up and verify its own backups. The backups of the infrastructure (Article 17 of the General Terms) serve solely to restore the platform after an incident; they do not give rise to any return at the Customer's request.

7.3 Restoration

A backup is restored upon the Customer's request sent via support, in accordance with the arrangements agreed with it. A backup does not exempt the Customer from periodically verifying that it can restore its data.

7.4 Data export

As the Customer has no access to the system (Article 1), and by way of derogation from the second paragraph of Article 19 of the General Terms, it obtains the export of its application's data upon a request sent via support, specifying the data requested. DINAO provides it free of charge, in a usable format.

8. IP address and reputation

Any use likely to harm the reputation of the allocated IP address engages the liability of the Customer in respect of the damage caused to other users. Port 25 (outgoing SMTP) is permanently blocked, without exception; the authenticated submission ports (587 and 465) remain open. For email sent by the application, the Customer specifies in its settings an authenticated submission service (third-party SMTP relay, sending platform, or, for mailings limited in volume and rate, an email account subscribed with DINAO).

9. Resources

The resources of the machine (processor, memory, storage) are sized at the time of order according to the needs of the application and constitute upper limits. The Service runs on an infrastructure shared between several virtual machines isolated from one another. When these resources are no longer sufficient for the Customer's use, DINAO offers it a larger size; no change of offer takes place without its consent. Use that persistently saturates the allocated resources may give rise to the measures provided for in Article 7.6 of the General Terms.

10. Availability commitment

By way of derogation from Articles 2 and 18 of the General Terms, DINAO undertakes to a monthly availability rate of 99.5% for each virtual machine. This commitment relates to the machine, not to the operation of the application.

Unavailability. The machine is unavailable when it cannot be reached for more than five (5) consecutive minutes according to the readings of DINAO's monitoring. The rate is calculated over the calendar month: duration of the month less the duration of unavailability, divided by the duration of the month.

The following are excluded from the calculation:

• the daily maintenance window of Article 18 of the General Terms: interruptions occurring each night between 9:00 p.m. and 7:30 a.m. (Paris time), up to a cumulative total of thirty (30) minutes per night;
• scheduled maintenance announced at least forty-eight (48) hours in advance, up to a limit of two (2) hours per month; beyond that, its duration counts as unavailability;
• the cases provided for in Article 3 of the General Terms (force majeure, act of the Customer or of a third party);
• unavailability or malfunction of the application itself, while the machine remains reachable, as well as those resulting from its configuration or from actions carried out with the Customer's administration account (Article 2 above);
• interruptions required for an update requested by the Customer (Article 4 above);
• suspension of the Service in the cases provided for in Article 7 of the General Terms.

Compensation. If the rate is not achieved over a calendar month, the Customer receives a credit note calculated on the monthly price of the machine concerned (for a non-monthly subscription, one twelfth of the annual price):

The credit note is capped at fifty per cent (50%) of the monthly price of the machine. It is due upon a claim by the Customer sent via support within thirty (30) days following the end of the month concerned, is set off against the next invoice and does not give rise to any cash refund. It constitutes the lump-sum and exclusive compensation for the breach of the availability commitment, and is set off against the liability cap of Article 20 of the General Terms.

11. Commitment and renewal

The Service involves neither a commitment period beyond the current period nor a notice period specific to this family of Services. The renewal and termination rules are those of Articles 6.5, 6.7 and 7 of the General Terms: the Customer objects to renewal by deactivating automatic renewal from its customer area before payment of the renewal invoice, and at the latest on the day before its due date; an invoice that has been paid, including by means of the account credit, constitutes renewal.

12. Right of withdrawal

12.1 Principle

The Customer who is a consumer, 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 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

The virtual machine, the Docker engine and the application are installed 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.

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); the installation performed upon order is included in this pro rata amount and is not invoiced separately. DINAO refunds the excess of the sums paid no later than fourteen days after having been 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 processed 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 order: it does not give rise to a new right of withdrawal. The Customer who does not wish to renew deactivates automatic renewal under the conditions of Article 6.7 of the General Terms.