Terms
Simafri Suite Special Terms
ARTICLE 1: PURPOSE
The purpose of these special terms is to define the technical and financial conditions under which SIMAFRI makes available to the Client, in hosted mode, the collaborative service "Simafri Suite", comprising email, calendar, contacts and file storage on the Client's domain name (hereinafter referred to as the "Service"). They supplement SIMAFRI's General Terms of Service; in the event of contradiction, these special terms prevail for the Service concerned.
Where a Simafri Suite account is included in another SIMAFRI service subscribed by the Client (in particular the "Serenity by Simafri" service), these special terms govern that account, which follows the term and the renewal of the service in which it is included.
ARTICLE 2: DESCRIPTION OF THE SERVICE
2.1. The Service is provided in the form of an account (hereinafter the "Suite Account") opened in the name of the Client. The Suite Account includes the creation of mailboxes on the Client's domain name, a calendar service, a contacts service and a file storage and sharing service, access through a web interface, access through the standard synchronization protocols supported by usual messaging, calendar, contacts and file applications, spam filtering on incoming messages, backups and the support described in article 11.
2.2. The storage plan, the volume of storage attached to the Suite Account, the additional storage blocks available, the term, the pricing and the other characteristics of the Service are those of the offer description in force on the day of the Order, which forms part of the Contract.
2.3. The number of users and mailboxes opened within the Suite Account is not limited by the number of persons, within the conditions of article 4. The storage volume of the subscribed plan is shared between all the mailboxes and files of the Suite Account.
2.4. Access to the Service is via the Internet by means of the credentials of each user. Each user sets their own password from the invitation sent to them and, where their applications require it, generates a dedicated password per device. The Client and their users ensure the confidentiality of these credentials; any operation carried out by means of a user account of the Suite Account is deemed to have been carried out by the Client.
ARTICLE 3: DOMAIN NAME AND TECHNICAL CONFIGURATION
3.1. The Service operates on a domain name held by the Client. The Client warrants that they hold the rights to the domain name used and that they are authorized to have email addresses operated on it.
3.2. The routing, the delivery and the authentication of messages require that the technical records of the domain name (in particular the records governing mail routing and sender authentication) be configured as indicated by SIMAFRI and kept in that state throughout the duration of the Service. Where SIMAFRI has the technical management of the domain name, in particular within the framework of the "Serenity by Simafri" service, SIMAFRI carries out and maintains this configuration.
3.3. Where the Client or a third party acting on their behalf has the management of these records, the Client carries out and maintains the configuration indicated. Modifications made to these records outside SIMAFRI affect the routing, the delivery and the authentication of messages; SIMAFRI assists the Client in re-establishing a compliant configuration under the conditions of article 11.
ARTICLE 4: SCOPE OF THE SUITE ACCOUNT AND USERS
4.1. The Suite Account is opened for the activity of the Client and is intended for the persons who take part in that activity: members of staff, officers, associates, collaborators and any person acting in the name and on behalf of the Client.
4.2. The Client administers their Suite Account: they open and close the mailboxes and the user accounts, define the aliases and the access rights, and organize their shared files. The Client remains responsible for the use made of the Service by their users and communicates to them the terms in force.
4.3. The Service is subscribed by the Client for their own use. The provision of the Service to third parties independent of the Client's activity, its resale, its sharing between separate organizations, and the opening of mailboxes intended for persons unconnected with the Client's activity, are the subject of a specific agreement in writing between the Parties.
ARTICLE 5: STORAGE PLAN
5.1. The storage volume of the subscribed plan covers all the messages, attachments and files stored within the Suite Account.
5.2. The Client follows the consumption of their plan from their administration interface. On approaching the subscribed volume, the Client may free up space, add the additional storage blocks provided for in the offer description, or move to a higher plan; the change takes effect under the conditions of the offer description and of the General Terms of Service.
5.3. Where the volume of the plan is reached, SIMAFRI continues to accept incoming messages for a reasonable period allowing the Client to free up space or to adjust their plan, and informs the Client thereof. Beyond that, the writing of new items may be held back until the subscribed volume is again sufficient.
ARTICLE 6: CONDITIONS OF USE OF THE MESSAGING SERVICE
6.1. The Client uses the messaging service in accordance with the laws and regulations in force, with the SIMAFRI Code of Conduct and with best practices in electronic communications. The Client warrants that the addresses to which they send messages have been collected lawfully and, where the applicable regulations so require, that the recipients have given their consent and are able to withdraw it at any time.
6.2. The following are prohibited within the framework of the Service: the sending of unsolicited messages in bulk, the sending of messages whose sender, routing or subject matter is disguised or falsified, the sending of messages aimed at obtaining the credentials, banking data or personal data of their recipients by deception, the transmission of malicious software, the use of the Service as a relay for messages issued by third parties, and any use of a nature to have the domain names, addresses or infrastructures used for the Service entered on a blocking list.
6.3. The Service is sized for the exchanges of a professional team. In order to preserve the delivery of the messages of all its Clients, SIMAFRI applies sending rates and volumes per account and per period, which are indicated to the Client on request and are adjusted where the Client's use so requires. A Client whose activity involves sending large campaigns informs SIMAFRI, which proposes to them the suitable terms.
6.4. In the event of a breach of this article, SIMAFRI may, in proportion to the seriousness and the urgency of the facts, limit the sending of the account concerned, suspend the mailbox concerned, or suspend the Service, under the conditions provided for in the General Terms of Service. SIMAFRI informs the Client thereof and indicates to them the terms of a return to normal.
ARTICLE 7: FILTERING AND DELIVERY OF MESSAGES
7.1. SIMAFRI applies to incoming messages filtering measures aimed at holding back unsolicited messages and malicious software. This filtering is an obligation of means: it operates on the basis of automated criteria which evolve, and the Client is invited to consult the folder in which the messages held back are placed. The Client may report to SIMAFRI Support a message wrongly held back or wrongly delivered, so that the filtering may be adjusted.
7.2. SIMAFRI ensures the sending of the Client's messages in accordance with the standards in force and maintains the reputation of the infrastructures it operates. The acceptance and the placement of a message with its recipient depend on the systems and policies of the messaging providers of the recipients, which are third parties whose decisions SIMAFRI does not control. SIMAFRI's undertaking in this respect is an obligation of means and it assists the Client, under the conditions of article 11, in the analysis of a delivery difficulty.
ARTICLE 8: BACKUPS AND RESTORATION
SIMAFRI performs regular backups of the Suite Accounts for service continuity purposes. These backups do not exempt the Client from making and keeping their own exports for the items they consider critical. The restoration of a backup is included where the loss of data results from the Service; it may be invoiced, on the basis of a quote accepted in advance, where it is made necessary by the actions of the Client or their users (deliberate or accidental deletion or alteration of messages or files).
ARTICLE 9: CLIENT DATA, EXPORT AND REVERSIBILITY
9.1. The messages, calendars, contacts and files of the Client and of their users remain their exclusive property. SIMAFRI does not use them for any purpose other than the provision of the Service and treats them confidentially, under the conditions of the General Terms of Service.
9.2. Reversibility. The Client may at any time retrieve the content of their Suite Account, by means of the standard protocols made available and of the export functions of the interface. Where the Client so requests, SIMAFRI provides them with the assistance necessary for this retrieval under the conditions of article 11.
9.3. The domain name and the email addresses operated on it remain those of the Client, who may have them operated elsewhere at the end of the Service.
9.4. After the end of the Service, whatever the cause, the content of the Suite Account remains available upon request for thirty (30) days, after which it is deleted from SIMAFRI's active systems without further notice or retention obligation.
ARTICLE 10: AVAILABILITY AND MAINTENANCE
10.1. SIMAFRI targets a monthly availability rate of the Service of 99.9%, excluding scheduled maintenance windows, cases of force majeure and unavailability attributable to the Client or to third parties (the Client's network or equipment, configuration of the domain name outside SIMAFRI, computer attacks, general failure of the Internet network).
10.2. In the event of a demonstrated failure to reach this objective, the Client may request, within thirty (30) days following the month concerned, a credit calculated pro rata to the unavailability observed and capped at the monthly amount of the Service concerned. This credit constitutes the sole compensation due with respect to availability.
10.3. Scheduled maintenance is, to the extent possible, carried out outside business hours; major interventions are the subject of prior information. SIMAFRI applies updates to the software and to the infrastructure in accordance with its policy of maintaining security and operational conditions; these updates may entail brief scheduled interruptions as well as changes to the interfaces and features of the Service.
ARTICLE 11: SUPPORT AND ADDITIONAL SERVICES
11.1. The included support covers the operation of the Service: access to the Service, availability of the accounts, technical incidents, configuration of the domain name records, connection of the usual applications and devices, and first-level questions on the operation of the Service.
11.2. The migration of an existing mailbox held with a third party, the recovery of an existing set of files, user training, and the connection of the Service to the Client's own applications constitute additional services, carried out on the basis of a quote accepted in advance. Where such a service is included in the offer description subscribed, it is provided under the conditions of that description.
ARTICLE 12: TERM, SUSPENSION AND TERMINATION
The Service is provided by subscription, according to the frequency chosen at the time of the Order and renewable under the conditions of the General Terms of Service, without a minimum commitment period unless otherwise stated in the offer description. In the event of non-payment, SIMAFRI may suspend access to the Suite Account under the conditions of the General Terms of Service; the content is then retained for at least thirty (30) days from the suspension, a period during which full payment of the sums due restores access. At the end of this period, SIMAFRI may terminate the Service; article 9.4 then applies.