General Terms and Conditions of Use and Sale (GTC)

In this document

Article 1 - Purpose and Scope

1.1 Purpose

These General Terms and Conditions of Use and Sale (hereinafter "GTC/GTS" or "General Terms") define the terms and conditions under which PulseHeberg (hereinafter "PulseHeberg" or "the Provider") provides its services to its clients (hereinafter "the Client").

1.2 Services Covered

These General Terms apply to all services offered by PulseHeberg, including but not limited to:

• Web hosting with shared and dedicated resources
• Domain names
• Nextcloud Collaborative Suite
• Cloud VPS Virtual Servers
• Baremetal Dedicated Servers
• Bring Your Own Server (BYOS) datacenter hosting services
• Managed hosting and Business hosting services

1.3 Hierarchy of Contractual Documents

These GTC/GTS are supplemented by Special Conditions (hereinafter "SC") specific to each service offered by PulseHeberg. In the event of any conflict between the provisions of these GTC/GTS and those of the applicable Special Conditions, the Special Conditions shall prevail.

All contractual documents form an indivisible whole. The order of decreasing priority is as follows:

1. The Special Conditions of the subscribed service
2. These General Terms and Conditions of Use and Sale
3. Any annexes

Article 2 - Acceptance of the General Terms

2.1 Methods of Acceptance

The Client acknowledges having read these GTC/GTS prior to placing any order. Validating an order on the PulseHeberg website implies full and complete acceptance of these General Terms, which the Client acknowledges having read, understood, and accepted by checking the box provided for this purpose during the ordering process.

2.2 Legal Capacity

The Client declares being of legal age and having the legal capacity to enter into commitments under these General Terms. If the Client is a legal entity, the individual placing the order declares having the authority to bind said legal entity.

An emancipated minor or one with express authorisation from their legal representative may also subscribe to the services, subject to being able to provide proof upon request.

2.3 Accessibility of the General Terms

These GTC/GTS are accessible at all times on the PulseHeberg website at www.pulseheberg.com/company/legal-notice. The Client may download, print, and retain a copy of them.

Article 3 - Registration and Client Account

3.1 Account Creation

Access to PulseHeberg services requires the prior creation of a client account. The Client undertakes to provide accurate, complete, and up-to-date information during registration, in accordance with the provisions of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy (LCEN).

Each client account is strictly personal and corresponds to a single natural or legal person. Holding multiple accounts by the same person is prohibited, unless prior written authorisation has been obtained from PulseHeberg.

3.2 Updating Information

The Client undertakes to update their personal information as soon as possible in the event of any changes. Failure to update information may result in PulseHeberg being unable to properly provide its services.

3.3 Account Security

The Client is solely responsible for the confidentiality of their login credentials (username and password). The Client undertakes to immediately inform PulseHeberg of any unauthorised use of their account or any security breach of which they become aware, by opening a support ticket.

PulseHeberg shall not be held liable for any consequences arising from the fraudulent use of the Client's credentials by a third party.

3.4 Identity Verification

PulseHeberg reserves the right to request that the Client verify their identity by any appropriate means (identity document, proof of address, company registration extract, etc.). In the absence of a response within a reasonable timeframe or in the event of manifestly inaccurate information, PulseHeberg may suspend access to the account and services.

Article 4 - Orders

4.1 Ordering Process

Orders are placed exclusively on the PulseHeberg website. The ordering process includes the following steps:

1. Selection of the service and its options
2. Verification of the order summary
3. Acceptance of the General Terms and, where applicable, the Special Conditions
4. Choice of payment method and payment validation
5. Order confirmation by email

4.2 Order Confirmation

PulseHeberg confirms acceptance of the order by sending a summary email to the email address provided by the Client. This email constitutes proof of the transaction.

4.3 Service Activation

Unless otherwise provided in the Special Conditions, services are activated as soon as possible following receipt of payment, subject to validation of the information provided by the Client.

Article 5 - Pricing and Payment

5.1 Pricing

Service prices are displayed in euros on the PulseHeberg website:

• For consumer offers: prices displayed including all taxes (TTC)
• For professional offers (Business range): prices displayed excluding taxes (HT)

The applicable VAT rates are those in force in France at the time of invoicing.

5.2 Price Changes for New Orders

PulseHeberg reserves the right to modify its prices at any time. New rates are applicable immediately for new orders placed after their publication on the website.

5.3 Price Changes for Ongoing Services

For ongoing services, any price change shall be notified to the Client by email at least thirty (30) days before it takes effect. The Client shall then have the option to cancel the affected service before the effective date of the change, without penalty or charge.

5.4 Payment Methods

Payment is made using the payment methods available on the PulseHeberg website (credit card, PayPal, bank transfer, etc.). Payment is due upon ordering for new services and upon the due date for renewals.

5.5 Default of Payment

In the event of default of payment on the due date:

• The service shall be suspended two (2) days after the payment due date
• Failing regularisation within a maximum period of thirty (30) days following suspension, the service shall be terminated and data deleted
• PulseHeberg reserves the right to proceed with termination before this thirty (30) day period if operational requirements so demand, in particular to free up resources needed for other clients

Late payment penalties, calculated at the legal interest rate in force, may be applied automatically without prior formal notice, along with a fixed compensation of 40 euros for recovery costs for professional clients.

5.6 Invoicing

Invoices are issued electronically and made available in the client dashboard. The Client expressly accepts this paperless invoicing method.

Article 6 - Right of Withdrawal

6.1 Period and Conditions

Consumer Clients (natural persons acting for purposes that do not fall within the scope of their commercial, industrial, craft, or professional activity) have a period of fourteen (14) days from the conclusion of the contract to exercise their right of withdrawal, without having to justify reasons or pay penalties.

6.2 Exercising the Right of Withdrawal

To exercise their right of withdrawal, the Client must notify their decision by means of an unambiguous statement, through one of the following means:

• By support ticket: from the client dashboard at www.pulseheberg.com
• By postal mail: SAS PulseHeberg, 9 Boulevard de Strasbourg, 83000 Toulon, France

The Client may use the withdrawal form appended to these Terms, but this is not mandatory.

6.3 Exceptions to the Right of Withdrawal

In accordance with Article L221-28 of the French Consumer Code (Code de la consommation), the right of withdrawal may not be exercised for:

• Domain names: contracts for the supply of goods made to the consumer's specifications or clearly personalised
• Dedicated servers with custom configuration: contracts for the supply of goods made to the consumer's specifications

6.4 Refund

In the event of a valid withdrawal, PulseHeberg shall refund the Client the full amount paid, less any transaction fees charged by the payment processor used for the initial order, without undue delay and no later than fourteen (14) days following receipt of the withdrawal request. The refund shall be made using the same payment method as that used for the initial order, unless the Client expressly agrees to another method.

Article 7 - Service Availability

7.1 Accessibility

PulseHeberg endeavours to ensure the accessibility of its services 24 hours a day, 7 days a week, subject to maintenance operations and force majeure events.

7.2 Maintenance

PulseHeberg reserves the right to temporarily interrupt access to the services for preventive or corrective maintenance operations. PulseHeberg shall endeavour to inform the Client in advance of scheduled interventions by any appropriate means (email, publication on the client dashboard, status page).

Emergency interventions necessary for the security or integrity of the infrastructure may be carried out without prior notice.

7.3 Service Level Agreement (SLA)

Any service level commitments are defined in the Special Conditions specific to each service.

Article 8 - Client Obligations

8.1 Compliant Use

The Client undertakes to use PulseHeberg services in compliance with these General Terms, the applicable Special Conditions, and the legislation in force.

8.2 Prohibited Content

The Client is prohibited from using the services to:

• Host, distribute, or transmit any unlawful, defamatory, abusive, obscene, pornographic (involving minors), content inciting hatred or violence
• Infringe the intellectual property rights of third parties
• Engage in spam, phishing, or any other malicious activity
• Compromise the security or integrity of PulseHeberg or third-party infrastructure
• Conduct cryptocurrency mining activities without prior authorisation
• Violate the privacy of others or collect personal data without consent

8.3 Content Responsibility

The Client is solely responsible for the content hosted on PulseHeberg services. The Client shall indemnify PulseHeberg against any claim, action, or recourse by third parties relating to such content.

8.4 Backups

Unless otherwise provided in the Special Conditions, it is the Client's responsibility to perform regular backups of their data. PulseHeberg shall not be held liable for any loss of data.

Article 9 - PulseHeberg Liability

9.1 Best Efforts Obligation

PulseHeberg undertakes to provide the services with diligence and in accordance with industry best practices. PulseHeberg is subject to a best efforts obligation: it undertakes to implement all necessary means for the proper performance of the services, without guaranteeing a specific result.

9.2 Limitation of Liability - Professional Clients

For professional clients, PulseHeberg's liability may only be engaged in the event of proven fault in the performance of its contractual obligations. PulseHeberg's liability is limited to direct and foreseeable damages. In any event, PulseHeberg's total liability shall not exceed the amounts actually paid by the Client for the affected service during the twelve (12) months preceding the event giving rise to the claim.

9.3 Limitation of Liability - Consumer Clients

For consumer clients, the limitations of liability set out in Article 9.2 shall not apply to damages resulting from intentional fault or gross negligence by PulseHeberg, nor to personal injury.

9.4 Exclusions of Liability

PulseHeberg shall not be held liable for:

• Service interruptions resulting from a force majeure event as defined in Article 14
• Damages resulting from non-compliant use of the services by the Client
• Damages resulting from intervention by an unauthorised third party
• Loss of Client data in the absence of backup by the Client
• Content hosted by the Client on the services

Article 10 - Intellectual Property

10.1 PulseHeberg Rights

All elements of the PulseHeberg website (texts, images, logos, software, databases, etc.) are protected by intellectual property rights. Any unauthorised reproduction, representation, or exploitation is prohibited.

10.2 Client Rights

The Client retains all of their intellectual property rights over the content they host on PulseHeberg services.

10.3 Licence of Use

PulseHeberg grants the Client a personal, non-exclusive, and non-transferable right to use the services for the duration of the subscription.

Article 11 - Personal Data Protection

11.1 Data Controller

PulseHeberg, acting as data controller, undertakes to comply with applicable regulations on personal data protection, in particular Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and French Law No. 78-17 of 6 January 1978 as amended (Loi Informatique et Libertés).

11.2 Data Collected and Purposes

PulseHeberg collects and processes the Client's personal data for the following purposes:

11.3 Retention Periods

11.4 Data Recipients

Personal data may be transmitted to the following recipients:

• PulseHeberg internal departments
• Payment service providers
• Administrative or judicial authorities upon legal requisition
• Potential technical subcontractors

PulseHeberg ensures that its subcontractors provide sufficient guarantees regarding personal data protection.

11.5 Transfers Outside the EU

In the event of data transfer to a country outside the European Union, PulseHeberg ensures that such transfer is governed by appropriate safeguards (European Commission standard contractual clauses, adequacy decision, etc.).

11.6 Client Rights

In accordance with applicable regulations, the Client has the following rights:

• Right of access: obtain confirmation of the processing of their data and obtain a copy
• Right of rectification: request the correction of inaccurate or incomplete data
• Right to erasure: request the deletion of their data under the conditions provided by law
• Right to restriction: request the restriction of processing in certain cases
• Right to portability: receive their data in a structured and commonly used format
• Right to object: object to processing on legitimate grounds or for marketing purposes
• Right to define post-mortem directives: define the fate of their data after death

The Client may exercise their rights by sending an email to: [email protected] or by postal mail to the registered office address, accompanied by proof of identity.

11.7 Complaint to the CNIL

The Client has the right to lodge a complaint with the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés - CNIL): www.cnil.fr

11.8 Data Hosted by the Client

The provisions of this Article 11 apply exclusively to personal data collected directly by PulseHeberg in the context of managing the client relationship (account creation, invoicing, technical support, etc.).

They do not apply to data that the Client chooses to host on the services subscribed from PulseHeberg. PulseHeberg has no knowledge of the nature or content of the data hosted by the Client on its services. Such data is presumed to be non-personal and falls under the sole responsibility of the Client.

If the Client hosts personal data on PulseHeberg services, the Client is solely responsible for compliance with applicable personal data protection regulations (GDPR, Loi Informatique et Libertés). PulseHeberg then acts as a data processor within the meaning of the GDPR, under the terms defined, where applicable, in the Special Conditions or in a separate data processing agreement.

Article 12 - Suspension and Termination

12.1 Suspension by PulseHeberg

PulseHeberg reserves the right to immediately suspend access to the services without prior notice in the event of:

• Breach of these General Terms or the Special Conditions
• Unlawful or abusive use of the services
• Default of payment
• Conduct endangering the security or integrity of the infrastructure
• Judicial or administrative requisition

PulseHeberg shall inform the Client of the suspension and its reasons as soon as possible, unless legally prohibited.

12.2 Termination by the Client

The Client may terminate their services at any time from their client dashboard, subject to the conditions and notice periods, if any, set out in the Special Conditions of the relevant service.

Unless otherwise provided, termination takes effect at the end of the current period. No pro rata refund is due for the remaining period, except in the case of exercising the right of withdrawal.

12.3 Termination by PulseHeberg

PulseHeberg may terminate the Client's services:

• In the event of a serious or repeated breach by the Client of their obligations, after formal notice has remained unanswered for fifteen (15) days
• Immediately and without prior formal notice in the event of a serious breach (unlawful content, security breach, etc.)
• For legitimate reasons, with thirty (30) days' notice

12.4 Effects of Termination

Upon termination of the service, for whatever reason:

• Access to the service is deactivated
• The Client's data is retained for a period of thirty (30) days, during which the Client may request its recovery
• At the end of this period, the data is permanently deleted

The Client is advised to back up their data before any termination.

Article 13 - Legal Guarantees

13.1 Legal Guarantee of Conformity

In accordance with Articles L217-3 et seq. of the French Consumer Code (Code de la consommation), PulseHeberg is required to deliver a service that conforms to the contract and is liable for defects of conformity existing at the time of provision of the service.

For digital content and services provided on a continuous basis:

• The legal guarantee of conformity applies for the entire duration of provision of the digital content or service
• The Client has a period of two (2) years from the discovery of the defect to take action

13.2 Guarantee Against Hidden Defects

In accordance with Articles 1641 et seq. of the French Civil Code (Code civil), PulseHeberg is liable for hidden defects that would render the service unfit for its intended use or that would so diminish such use that the Client would not have acquired it had they known of them.

Article 14 - Force Majeure

14.1 Definition

A force majeure event is any event beyond the control of the affected party that could not reasonably have been foreseen at the time of conclusion of the contract and whose effects cannot be avoided by appropriate measures.

The following are considered force majeure events, among others: natural disasters, wars, acts of terrorism, general strikes, failures of telecommunications or electricity networks, governmental or regulatory decisions, cyberattacks of exceptional magnitude.

14.2 Effects

The occurrence of a force majeure event suspends the performance of the obligations of the affected party for the duration of the event, without engaging their liability. If the force majeure event continues beyond three (3) months, either party may terminate the contract without compensation.

Article 15 - Amendment of the General Terms

15.1 Right of Amendment

PulseHeberg reserves the right to amend these General Terms at any time.

15.2 Notification to the Client

Any substantial amendment shall be notified to the Client by email at least thirty (30) days before it takes effect. The new General Terms shall also be published on the PulseHeberg website.

15.3 Acceptance or Refusal

If the Client does not accept the amendments, they have the option to terminate the affected services before the new conditions take effect, without penalty. Use of the services after the new conditions take effect constitutes acceptance thereof.

Article 16 - Miscellaneous Provisions

16.1 Partial Invalidity

If any provision of these General Terms is declared null or unenforceable pursuant to a law, regulation, or final court decision, it shall be deemed unwritten, without affecting the validity of the other provisions, which shall remain fully applicable.

16.2 Tolerance

The failure of PulseHeberg to enforce any provision of these General Terms at any given time shall not constitute a waiver of the right to enforce such provision at a later date.

16.3 Entirety

These General Terms, supplemented by the applicable Special Conditions, express the entire agreement between the parties and supersede any prior agreement, negotiation, or discussion.

16.4 Evidence Agreement

The parties agree that computer records maintained in PulseHeberg's systems (connection logs, order records, emails, etc.) constitute admissible, valid, and enforceable evidence between the parties.

Article 17 - Applicable Law and Dispute Resolution

17.1 Applicable Law

These General Terms are governed by French law.

17.2 Prior Complaints

Before resorting to mediation or any court, the Client undertakes to attempt to resolve their dispute directly with PulseHeberg through a written complaint.

The complaint must be sent:

• By recorded delivery with acknowledgement of receipt: SAS PulseHeberg, 9 Boulevard de Strasbourg, 83000 Toulon, France
• Or by Electronic Registered Letter (LRE): [email protected]

The complaint must include the Client's references (client number, services concerned), clearly state the subject of the dispute and the expected resolution.

PulseHeberg undertakes to acknowledge receipt of the complaint within ten (10) business days and to provide a response within a maximum period of two (2) months from receipt. In the absence of a response within this period, or if the response provided does not satisfy the Client, the Client may then resort to mediation.

17.3 Consumer Mediation

In accordance with Articles L611-1 et seq. and R612-1 et seq. of the French Consumer Code (Code de la consommation), consumer Clients may resort to mediation free of charge for any contractual dispute relating to the performance of the contract.

17.4 Jurisdiction - Consumer Clients

In the event of a dispute, consumer Clients may choose to bring the matter before, in addition to any court with territorial jurisdiction under the French Code of Civil Procedure, the court of the place where they were residing at the time the contract was concluded or the harmful event occurred.

17.5 Jurisdiction - Professional Clients

Any dispute relating to the interpretation or performance of these General Terms with a professional client shall fall within the exclusive jurisdiction of the courts of Toulon, including in the event of interim proceedings, multiple defendants, or third-party proceedings.

Article 18 - Contact

For any question or complaint regarding the services, the Client may contact PulseHeberg:

• By support ticket: from the client dashboard at www.pulseheberg.com (preferred method of contact)
• By postal mail: SAS PulseHeberg, 9 Boulevard de Strasbourg, 83000 Toulon, France
• By email: [email protected] (legal contacts only)
• By phone: +33 (0)4 22 14 13 60 (legal contacts only)

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Annex: Withdrawal Form