Terms
Simafri VPS Special Terms
ARTICLE 1: PURPOSE
The purpose of these special terms is to define the technical and financial conditions under which SIMAFRI makes a virtual private server available to the Client (hereinafter referred to as the "Service"). They apply to both of SIMAFRI's virtual server offers, "Simafri VPS" and "Simafri Managed VPS", whose respective scopes are defined in article 3. They supplement SIMAFRI's General Terms of Service; in the event of contradiction, these special terms prevail for the Service concerned.
ARTICLE 2: DESCRIPTION OF THE SERVICE
2.1. The Service consists of making available a virtual machine hosted on SIMAFRI's infrastructure, with processor, memory and storage resources allocated to it, at least one dedicated IP address, and protection against distributed denial-of-service attacks at network level.
2.2. The machine is delivered with the GNU/Linux distribution chosen by the Client from among those supported by SIMAFRI on the day of the Order. At the Client's request made at the time of the Order, SIMAFRI may deliver the machine with a database and an application environment already installed and configured.
2.3. The allocated resources, the distribution, the term, the price and the other characteristics of the Service are those of the offer description agreed on the day of the Order, which forms part of the Contract. As the Service is sized to the Client's requirements, these characteristics are settled by mutual agreement and may be amended during the Contract under the conditions of article 13.
2.4. The Service is a virtual machine: its resources are allocated to the Client, while the hypervisor and the hardware carrying it are operated by SIMAFRI and shared with other virtual machines.
ARTICLE 3: THE TWO LEVELS OF OPERATION
3.1. The "Simafri VPS" offer grants the Client full administrator access to the machine, known as "root" access. The Client administers the operating system, installs and configures the software of their choice on it, and decides the schedule of any changes to it. SIMAFRI operates the groundwork described in article 3.3.
3.2. The "Simafri Managed VPS" offer entrusts SIMAFRI with the operation of the operating system and the services it carries, under the conditions of articles 6 and 7. A control panel is included, through which the Client manages their websites, domains, databases and mailboxes. SIMAFRI also operates the groundwork described in article 3.3.
3.3. Whichever offer is subscribed to, SIMAFRI operates the groundwork of the Service, namely the hosting infrastructure and the hypervisor, the network connectivity and the IP address, the protection against distributed denial-of-service attacks, the backups of the machine provided for in article 5, and the monitoring provided for in article 6.
3.4. Moving from one offer to the other during the Contract is possible at the Client's request and takes effect on the financial terms of the offer description in force on the date of the request.
ARTICLE 4: ACCESS, CREDENTIALS AND ADMINISTRATION
4.1. SIMAFRI sends the Client a confirmation that the Service has been opened, containing the details required to access it. The date on which this confirmation is sent determines the date on which billing takes effect.
4.2. The Client and their users maintain the confidentiality of their credentials, keys and means of authentication. Any operation carried out by means of these is deemed to have been carried out by the Client.
4.3. Under the "Simafri VPS" offer, the Client holding root access is alone in a position to know the configuration state of their machine; it is for the Client to keep a record of the changes they make.
ARTICLE 5: BACKUPS AND RESTORATION
5.1. SIMAFRI backs up the machine as a whole, from outside it, with no agent to be installed on it. The frequency of the backups and their retention period are those of the offer description agreed on the day of the Order.
5.2. Restoration is carried out by SIMAFRI's teams at the Client's request. It returns the machine to the state of the backup selected; data produced since that backup is not restored.
5.3. The backups of the Service cover the machine, not the application-level consistency of what the Client runs on it. It is for the Client to put in place, for their data and their applications, the backup measures that the nature of their business makes necessary, and in particular those that guarantee the consistency of a database at the moment it is copied.
ARTICLE 6: AVAILABILITY, MONITORING AND MAINTENANCE
6.1. SIMAFRI undertakes to exercise all due care and diligence in providing the Service in accordance with the practices of the profession and the state of the art. It is bound only by an obligation of means.
6.2. SIMAFRI monitors the availability of the machine, its load and the disk space available to it, and alerts the Client when one of these indicators warrants it.
6.3. Under the "Simafri Managed VPS" offer, monitoring further covers the application services that SIMAFRI operates for the Client, and SIMAFRI acts on its own initiative when an alert warrants it. The Client is informed of the actions taken.
6.4. SIMAFRI may interrupt the Service for the purposes of maintaining its infrastructure. Save in an emergency, the Client is informed by an agreed means and within a reasonable time, so that they may make arrangements. SIMAFRI may also, in order to maintain the Service, move the virtual machine to another physical machine; the Client acknowledges that performance may be temporarily degraded during that operation.
ARTICLE 7: SECURITY AND UPDATES
7.1. SIMAFRI ensures the security of the groundwork defined in article 3.3 and keeps the components of its infrastructure up to date.
7.2. Under the "Simafri VPS" offer, the operating system and the software installed by the Client are the Client's responsibility, the Client having exclusive control of them through root access. SIMAFRI flags to the Client the security updates that call for their attention; it is for the Client to decide whether and when to apply them. SIMAFRI installs no update on that machine without a request from the Client, since an unagreed change is liable to interrupt the applications the Client runs on it.
7.3. Under the "Simafri Managed VPS" offer, SIMAFRI keeps the operating system and the services it operates up to date, security patches included, and selects for each intervention a moment compatible with the Client's business.
7.4. Where the security state of a machine endangers SIMAFRI's infrastructure or the Services of other clients, in particular following a compromise or the exploitation of a known vulnerability, SIMAFRI may isolate or suspend the machine without notice. SIMAFRI informs the Client without delay and restores the Service as soon as the cause has been dealt with.
ARTICLE 8: IP ADDRESS AND NETWORK
8.1. The IP address or addresses allocated to the Service are made available to the Client for the term of the Contract. They remain the property of SIMAFRI or of the body that allocated them to SIMAFRI, and are not transferable to the Client at the end of the Contract.
8.2. The Client is responsible for the reputation attached to the use they make of their IP address. SIMAFRI may replace an IP address for technical or security reasons, and informs the Client so that they may adapt their domain name records.
8.3. The use of the Service to send electronic mail is subject to the rules of article 11. SIMAFRI may restrict the sending of mail from the machine where it harms the integrity or the reputation of its network.
ARTICLE 9: CLIENT DATA, EXPORT AND REVERSIBILITY
9.1. The data that the Client hosts or processes on the Service belongs to the Client. SIMAFRI makes no use of it on its own account and accesses it only to the extent necessary to perform the Contract, to meet a request from the Client, or to comply with a legal obligation.
9.2. The Client may extract their data from the machine at any time. Upon a request made before termination, SIMAFRI makes available a copy of the latest available backup, under the conditions of article 12.
9.3. At the end of the Contract, the machine and its backups are deleted under the conditions of the General Terms of Service. It is for the Client to take, before that date, the retention measures that their business makes necessary.
ARTICLE 10: CLIENT OBLIGATIONS AND LIABILITY
10.1. The Client is responsible for the content, data, processing and software that they host or run on the Service, as well as for the rights attached to them. SIMAFRI may not be held liable in this respect.
10.2. Under the "Simafri VPS" offer, the Client is responsible for the configuration and the security of the operating system and of the software they install on it, as well as for the consequences of the changes they make to it.
10.3. The Client undertakes to use the Service in accordance with SIMAFRI's Code of Conduct, with these terms and with the applicable regulations, and not to harm the integrity, the security or the availability of SIMAFRI's infrastructure or of the Services of other clients.
10.4. The Client undertakes to designate a contact who can be reached for the purposes of operating the Service, and to keep their contact details up to date.
ARTICLE 11: PROHIBITED USES AND SUSPENSION
11.1. The following are prohibited from the Service, among others: sending unsolicited electronic messages in bulk, running an open mail relay, scanning or intruding upon third-party systems, taking part in a denial-of-service attack, running an anonymisation service open to the public, as well as any content or activity prohibited by SIMAFRI's Code of Conduct.
11.2. Resource consumption that exceeds the resources allocated to the Service and harms the operation of the infrastructure or the Services of other clients gives rise to information being provided to the Client and, should the situation persist, to the measures provided for in article 11.3. The parties then confer on a change to the allocated resources.
11.3. In the event of a breach of articles 10 and 11, SIMAFRI may limit, isolate or suspend the Service. Save in an emergency or where the integrity of its infrastructure is at stake, SIMAFRI informs the Client beforehand and allows them a reasonable time to remedy the situation. Termination remains possible under the conditions of the General Terms of Service.
ARTICLE 12: SUPPORT AND ADDITIONAL SERVICES
12.1. SIMAFRI makes support available to the Client under the conditions provided for in the General Terms of Service.
12.2. Under the "Simafri VPS" offer, work by SIMAFRI's teams on the operating system or on the Client's software is carried out at the Client's request. Work going beyond the support included in the offer is subject to a prior quotation.
12.3. The migration of an existing service to the Service, the restoration of a backup supplied by the Client and the addition of resources are subject, where applicable, to a prior quotation.
ARTICLE 13: TERM, BILLING AND TERMINATION
13.1. At the time of the Order, the Client selects the initial subscription term of the Service. That term begins on the day the Service is activated. At its end, the Service renews automatically for successive periods of the same length, unless terminated under the conditions of the General Terms of Service.
13.2. A change to the resources allocated to the Service requested by the Client takes effect on the date agreed between the parties and gives rise to an adjustment of the price from that date.
13.3. Upon termination, the machine and the data it carries are deleted. It is for the Client to have extracted their data beforehand in accordance with article 9.