clauses, terms and conditions

Our engagement

The following terms, conditions and conditions apply to all DATAenligne hosting services and packages. By subscribing to one or more services at DATAenligne, including subscription through a representative or a business partner, YOU AGREE TO COMPLY WITH THE FOLLOWING CLAUSES, TERMS AND CONDITIONS. The hosting services subject to the terms, conditions and conditions are clearly defined on the DATAenligne website at this address:

https://dataenligne.com/en/terms-and-conditions/

DATAENLIGNE COMMITMENT

DATAenligne undertakes to provide hosting solutions including communication links and an amount of Internet bandwidth on the choice of available transmission ports as described on the website. DATAenligne undertakes to devote all necessary efforts to ensure the best quality of service to its CUSTOMERS.

Confidentiality Policies

DATAenligne undertakes to use the personal information provided by its CLIENTS only, and exclusively in the context of its day-to-day operations. In any case, these will not be provided or disclosed to a third party without the prior consent of the CLIENT, excluding, where applicable, cases of exceptions presented by legal authorities and collection agencies. The CUSTOMER authorizes DATAenligne to use the name of his company and / or his name as well as his comments as a reference for his advertisements or within texts found on his website. To avoid this policy, the CUSTOMER can send a written notice, by email, asking to withdraw his name and his comments.

Internet connectivity service

DATAenligne undertakes to provide the CUSTOMER with the Internet connectivity service, the IP addresses required by SSL security certificate, a quantity of bandwidth on the choice of available transmission ports, as described on its website. For his part, the CUSTOMER agrees to use the bandwidth provided to him in accordance with the usage policies.

IP Addresses IP

Each IP address provided to the CLIENT by DATAenligne must be maintained by the CLIENT in accordance with and according to the standards defined by ARIN. DATAenligne provides the CLIENT with a single IP address per virtual server. If desired, the CUSTOMER can request additional IP addresses. DATAenligne may require justifications for each request and reserves the right to assign, or not, new IP addresses at the current costs. At all times, all IP addresses remain under the control of DATAenligne which reserves the right, at its sole discretion, to change or delete the IP addresses provided to the CLIENT.

Domain Name

If you register, renew or transfer one or more domain names to DATAenligne, we will submit the request to our domain name service provider (the “Registrar”) on your behalf. DATAenligne is not responsible for errors, omissions or failures by the registrar. DATAenligne is responsible for advising the CUSTOMER on any renewal of domain names whose date expires. DATAenligne is not responsible for acquiring domain names for the CLIENT.

Other services

DATAenligne can offer the CUSTOMER an à la carte technical support service on request, if it is not included in the standard DATAenligne offers.

This could be to restart a system, diagnose breakdowns and / or scripts and / or programming, manage DNS zones and / or any other type of request made from your Customer Area which is accessible through the DATAenligne website. . The intervention costs for said services may be billed to you at the rate in effect. Please note that during normal business hours our hourly rate is $95.00 per hour. The minimum price is 30 minutes per intervention. Outside regular business hours, the hourly rate is $175.00 per hour and the minimum response time is 60 minutes. If the response time is not included in the standard offer, we will advise you of the time and associated costs.

For “shared” type hosting plans, the additional bandwidth rate is $ 1 per 1GB and 2GB per 1GB for additional storage space.

Normal business hours

Regular business hours are Monday through Friday, 9 a.m. to 5 p.m. Eastern Time (ET). Response time outside of normal business hours may vary. If you anticipate needing assistance outside of normal business hours, we suggest that you notify us in advance so that we can provide you with quality service. DATAenligne defines outside business hours as Monday to Friday between 5:01 p.m. and 8:59 a.m. (ET) as well as Saturdays, Sundays and statutory holidays.

Installation, equipment and access

DATAenligne is fully responsible for the equipment supplied to the CUSTOMER and for their installation. The CUSTOMER does not own and cannot exercise any rights over the equipment. Access to the equipment is prohibited. The customer may not, under any circumstances, work or make physical modifications to the equipment.

Billing

All invoices for DATAenligne services are sent by email. The initial invoice must be paid when the account is opened. Subsequent invoices must be fully paid upon receipt.

Payments

The CUSTOMER can pay his invoice on a monthly, quarterly, semi-annual or annual basis via Visa or MarterCard from the secure Customer Area accessible from the DATAenligne website. According to the clauses, terms and conditions, the The INTERAC payment is only accepted on annual agreements. NO PAYMENT BY CHECK IS ACCEPTED.

In the event that an invoice remains unpaid after the due date, interest charges will be charged to the account bearing the rate of two percent (2%) per month, and a monthly compound rate which corresponds to a rate of annual interest of 26.86%. Any transaction that will be returned for lack of funds will incur a management fee of $50.00.

DATAenligne will use the information provided by the CUSTOMER to make a payment by credit card on the invoice date automatically and without prior notice. The CUSTOMER will receive a notice following any debits made from his credit card.

In the event that the customer wishes to deactivate the automatic debit function, a request must be made in writing from the Customer Area accessible from the DATAenligne website. To reactivate the function, you must notify us in the same way.

At the first payment or by reactivating the automatic debit function, the CUSTOMER confirms that he has read the clauses, terms and conditions and that he accepts automatic debit as a method of payment. In doing so, the CUSTOMER accepts that DATAenligne withdraws all unpaid amounts and authorizes him to do so on the credit card used. The CUSTOMER authorizes his financial institution which is the issuer of his credit card to debit from his account any amount relating to DATAenligne services. This authorization is valid until an authorized person on the account requests the suspension of the direct debit feature.

Default of payment

Following a non-payment, a notice will be sent to the CLIENT by email to remind him to pay his payment within the next 48 hours. If DATAenligne does not receive payment after this period, the account will be temporarily suspended for non-payment. DATAenligne reserves the right to cut off access and modify the home page or simply by disconnecting from the network. A minimum fee of $50.00 will be required to reactivate the account in addition to the total payment of overdue invoices.

Price adjustment and modification

upon renewal of the service agreement, DATAenligne may modify the prices and fees payable for all or part of the services and products offered. The CUSTOMER undertakes to pay all applicable taxes on the services provided by DATAenligne.

Changes to the account or to the service card

At any time, the CLIENT may request the addition of products or services to his account. Any change to the account that may involve a decrease in the monthly amount paid can be made only at the end of the first year of engagement or, when there is no longer a commitment period from the next anniversary date. monthly.

Duration of the agreement

The duration of the initial agreement is twelve (12) months following the effective date of the service. This agreement will be automatically renewed at the end of the first year, on the basis of each payment period. Either party may terminate this agreement, in writing, 10 days before the end of the monthly anniversary date of the product or service. The monthly anniversary date corresponds to the day of the month on which the account was initially opened.

In the event of a payment default, DATAenligne may terminate the agreement. Any request for account closure or non-renewal must be made from the Customer Area accessible from the DATAenligne website. According to the terms, conditions and conditions, DATAenligne requires that your request include the full name of the CLIENT, his contact details, the CLIENT’s signature and the reason for the cancellation or closure of the account .

Refund policies

Prepaid amounts are non-refundable after the first 30 days after activation of the product or service. However, on the monthly anniversary date, and after the end of the commitment period indicated on the accepted service offer, an equivalent credit may be applied to the sums paid in advance in the CLIENT’s account for all products. and services provided by DATAenligne. Billing errors can be credited for a maximum retroactive period of two (2) months.

Payment obligation

The CUSTOMER has the obligation to pay his entire account, even if he does not use it at all.

Usage policies

The CUSTOMER agrees to comply with the clauses, terms, conditions and use policies of DATAenligne throughout its agreement and as described below:

The CUSTOMER agrees to use DATAenligne’s hosting services only for legal purposes and in accordance with the laws in force. The CUSTOMER undertakes to use the hosting services without harming or harming DATAenligne and / or its customers.

The CUSTOMER understands that the following activities are strictly prohibited:

  • threaten the physical or material integrity of a natural or legal person, their property and all types of harassment;
  • violate Canadian laws relating to the control of exports of software or technical information;
  • make false or fraudulent representations in relation to products or services;
  • transmit, distribute or host material that is in contravention of the laws or regulations in force;
  • transmit, distribute or host material protected by copyright, trademarks, trade secrets or other intellectual property rights, without authorization, or obscene, defamatory, life-threatening material private or which poses an illegal or illegal threat;
  • facilitate, promote or encourage the performance of one or more of the activities mentioned above, whether by using the DATAenligne network or services or via the network or service of a third party.

Email

In the face of SPAM (unsolicited electronic communication), DATAenligne adopts an attitude of zero tolerance. Any customers with activities associated with sending unsolicited electronic communications are not welcome.

It is strictly forbidden to send unsolicited electronic communications, including and without limiting the scope of the foregoing, commercial advertising, informational announcements as well as any communication sent to a list of so-called “opt-in” addresses. »And whose addresses have not been retrieved by the CLIENT himself in accordance with Law C-28.

The CUSTOMER may not use an e-mail server from another site to forward e-mail without having obtained all the formal authorizations of the latter.

It is also strictly forbidden to transmit unsolicited electronic communications originating from any other network whatsoever, which broadcasts, promotes or is directed in any way towards a hosted location. inside the DATAenligne network.

Hosted content

Legal content is permitted on all DATAenligne hosting products. The CUSTOMER agrees to publish content intended for adults in accordance with applicable laws. DATAenligne reserves the right to remove any content deemed offensive or illegal.

Infrastructure security

It is forbidden to use DATAenligne’s services with the aim of compromising security or harming the integrity of system resources in any way. Any deliberate attempt to overload DATAenligne’s services or to transmit a cyber attack will be penalized.

In addition, it is strictly forbidden to use or distribute tools designed to compromise security; use or access unauthorized data, or even systems or networks, including any attempt to scan, scan or verify the vulnerability of a system or network, or to violate the security devices or authentication measures without having previously obtained the formal authorization of the owner.

Violation

DATAenligne reserves the right to decide, case by case and at its sole discretion, on the measures and sanctions that will be taken in order to counter any violation of the prohibited activities mentioned above. Therefore, any breach of this policy could expose the client to civil or criminal prosecution. DATAenligne may, if applicable and at its sole discretion, block access to the CUSTOMER’s services, temporarily or permanently, suspend or terminate the provision of services. DATAenligne may appeal and collaborate with the police in the investigation of any party suspected of breaking the law.

Availability guarantee

DATAenligne guarantees 99.98% availability. Certain restrictions apply. The availability guarantee conditions are set out at all times on the DATAenligne site.

Guarantee of availability of the power supply

DATAenligne guarantees the availability of power to the data center at 99.98%. Certain restrictions apply. The exact conditions of the guarantee of availability of the power supply are set out at all times on the DATAenligne site.

Hardware replacement warranty

DATAenligne guarantees the hardware replacement of the dedicated VMs within 4 hours. Certain restrictions apply. The exact conditions of the material replacement guarantee are set out on the DATAenligne site.

Limited liability

THE CUSTOMER ACKNOWLEDGES THAT DATAENLIGNE ALLOWS OTHER USERS OF THE SERVICE TO INSTALL THEIR SITES IN ITS FACILITIES. DATAENLIGNE SHALL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES, COSTS OR LOSSES OCCASIONED TO THE CUSTOMER (OR TO THE CUSTOMERS OF THE LATTER) DUE TO AN ACT OR THE MATERIAL OF ANOTHER HOLDER OF THE SERVICE OR THE FAILURE TO ACT BY OF ANOTHER SERVICE HOLDER. CONTRACTUAL, DELICTUAL (IN PARTICULAR CAUSE OF NEGLIGENCE), LEGAL OR OTHER RESPONSIBILITY OF DATAENLIGNE TOWARDS THE CUSTOMER (OR CUSTOMERS OF THE LATTER) RELATING TO THE PERFORMANCE OR NON-PERFORMANCE, AS THE CASE, OF ANY OBLIGATION ARISING FROM THIS PRESENT AGREEMENT, WITH RESPECT TO ANY CLAIMS WHATSOEVER, IS LIMITED AND SHALL IN NO EVENT EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO DATAENLIGNE UNDER THIS AGREEMENT DURING THE PERIOD OF THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ARRIVED. DATAENLIGNE SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, INCIDENTAL OR PUNITIVE DAMAGES.

Force majeure

Neither DATAenligne nor the CUSTOMER can be held responsible for a delay, interruption or non-performance of one of its obligations, due to a fortuitous event such as a declared war or not, whether a terrorist attack, a fire, a thunderstorm, a prolonged power outage, a landslide, an earthquake, a computer attack, a computer virus or some other type of event of this nature over which the affected parties have no control (“Force majeure”).

In the event of force majeure, the party invoking force majeure must notify the other without delay. Whoever invokes force majeure undertakes to devote all efforts to put an end to the incidence or to remedy it. This article cannot be invoked to excuse a failure to make a payment when due.

Backup copies

DATAenligne has backup copies for all of its servers. By back-up copies, DATAenligne ensures that the operating systems and basic applications on all servers can be restored quickly. The CLIENT’s sites, applications and data may or may not form part of the backup copies.

The backup copies of DATAenligne do not at any time constitute a backup copy of the CLIENT’s sites, applications and databases. The CUSTOMER must ensure that he has a back-up copy of his sites, applications, databases and hosted content. DATAenligne cannot under any circumstances be held responsible for any damage resulting from the loss of data.

DATAenligne offers data backup solutions with its hosting solutions.

Ownership and copyright

The CLIENT certifies that he is either the owner of the content that he has hosted, or that he holds all the rights to have the content hosted on DATAenligne’s servers.

Entire agreement

The terms of service, the conditions of use and its appendices constitute the whole of this agreement between the parties, and take precedence over any other proposal, discussion or prior writing between the parties on this matter.

SUBJECT TO ANY EXPRESS STATEMENT IN THIS AGREEMENT, DATAENLIGNE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, EXPRESS OR IMPLIED OR LEGAL AS TO MERCHANTABILITY, DURABILITY OR SUITABILITY FOR THE PURPOSE FOR WHICH THE GOODS OR SERVICES ARE INTENDED. FOR OR MORE AS TO THEIR OWNERSHIP OR COMPLIANCE ELSEWHERE, OR ANY OTHER WARRANTY OR CONDITION UNDER LAW OR LAW, OR IN THE COURSE OF TRANSACTIONS OR COMMERCIAL USE.

Applicable laws and jurisdiction

This CONTRACT is governed by the laws of QUÉBEC and those of CANADA applicable therein. The Parties irrevocably submit the disputes arising from this CONTRACT to the Quebec courts, judicial district of LONGUEUIL.

Complaints

Any complaint or abuse noticed on a site hosted by DATAenligne should be sent to [email protected] ou by mail at : DATAenligne Inc., Customer Services, 1677, rue Adoncour,  Longueuil (Québec) J4J 5L4.

Reservation of rights of DATAenligne inc.

At any time, DATAenligne reserves the right to modify these policies concerning the the clauses, terms and conditions. In addition, DATAenligne reserves all rights which have not been expressly granted to it herein.

Version 2.0 – 26 octobre 2020

Confidentiality Policies

www.dataenligne.com/en/confidentiality-policies