Terms
Dolisim 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, an instance of the "Dolisim" business management software, based on the Dolibarr free software and managed by SIMAFRI (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.
ARTICLE 2: DESCRIPTION OF THE SERVICE
2.1. The Service includes the provision of an instance of the software, its hosting on professional infrastructures, its monitoring, its regular backups, the application of updates and the operational support described in article 8.
2.2. The subscribed plan, the activated modules, the volumes (storage, number of users) and any applicable limits are those of the offer description in force on the day of the Order, which forms part of the Contract.
2.3. Access to the Service is via the Internet by means of credentials provided to the Client. The Client ensures the confidentiality of their credentials; any operation carried out by means of the accounts of their users is deemed to have been carried out by them.
ARTICLE 3: THIRD-PARTY SOFTWARE
Dolibarr is free software published and maintained by a third-party community, under its original license. SIMAFRI is not the publisher of the software and guarantees neither the absence of anomalies in the software itself, nor their correction within a given time. SIMAFRI provides the installation, operational configuration, hosting and maintenance in operational condition of the instance. The Client acknowledges that they have been able to assess the suitability of the software for their needs.
ARTICLE 4: CLIENT DATA AND REVERSIBILITY
4.1. The data entered or imported by the Client into their instance remains their exclusive property. SIMAFRI does not use it for any purpose other than the provision of the Service and treats it confidentially.
4.2. Reversibility. The Client may request at any time the delivery of a complete copy of their instance (software files and database). This reversibility is of the essence of the offer: the software and the data belong to the Client, who may have them operated elsewhere if they so wish.
4.3. After the end of the Service, whatever the cause, the copy provided for in article 4.2 remains available upon request for thirty (30) days, after which the data is deleted from SIMAFRI's active systems without further notice or retention obligation.
ARTICLE 5: BACKUPS
SIMAFRI performs regular backups of the instances for service continuity purposes. These backups do not exempt the Client from making and keeping their own exports for the data 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 data).
ARTICLE 6: AVAILABILITY AND MAINTENANCE
6.1. SIMAFRI targets a monthly availability rate of the instance 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, computer attacks, general failure of the Internet network).
6.2. 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.
6.3. Scheduled maintenance is, to the extent possible, carried out outside business hours; major interventions are the subject of prior information.
ARTICLE 7: RESPONSIBILITIES OF THE CLIENT
7.1. The Client handles the functional administration of their instance: creation and management of their user accounts and their rights, business configuration, accuracy and lawfulness of the data entered.
7.2. The Client remains solely responsible for the compliance of their activity and of their use of the Service with their legal, accounting, tax and social obligations. The Service is a management tool: it constitutes neither an accounting or tax advisory service, nor a guarantee of compliance of the accounts or documents issued by the Client, which are the responsibility of the Client and their usual advisers.
ARTICLE 8: SUPPORT AND ADDITIONAL SERVICES
8.1. The included support covers the operation of the Service: access to the Service, availability of the instance, technical incidents and first-level questions on the operation of the instance.
8.2. User training, advanced configuration, the takeover or import of existing data, as well as the development or installation of specific modules, constitute additional services, carried out on the basis of a quote accepted in advance.
8.3. SIMAFRI may refuse the installation of a third-party module of a nature to compromise the security, stability or maintainability of the instance. Third-party modules installed at the Client's request are not guaranteed by SIMAFRI; any malfunction thereof, including on the occasion of an update, does not constitute a breach by SIMAFRI.
ARTICLE 9: UPDATES
SIMAFRI applies updates to the software and to the infrastructure in accordance with its policy of maintaining security and operational conditions. Updates may entail brief scheduled interruptions as well as changes to the interface or features of the software; these changes, decided by the community publisher of the software, do not constitute breaches by SIMAFRI. SIMAFRI may defer the application of an update where the stability of the instance so requires.
ARTICLE 10: 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 instance under the conditions of the General Terms of Service; the data 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 4.3 then applies.