Specific Terms: Baremetal Dedicated Servers

Article 1 - Purpose and Scope of the Special Conditions

1.1 Purpose

These Special Conditions (hereinafter "SC") define the technical specifications, obligations, and responsibilities related to the "Baremetal" dedicated server service offered by PulseHeberg.

1.2 Hierarchy of Contractual Documents

These SC supplement the General Terms and Conditions of Use and Sale (CGU/CGV) of PulseHeberg. In the event of any conflict between the provisions of these SC and those of the CGU/CGV, these SC shall prevail.

1.3 Acceptance

Acceptance of these SC implies prior acceptance of the CGU/CGV of PulseHeberg.

Article 2 - Description of the Baremetal Dedicated Server Service

2.1 Resources

PulseHeberg offers dedicated servers with fully dedicated resources (CPU, RAM, disk space) and shared resources (network connectivity).

2.2 IP Addressing and Operating System

Each server is automatically provided with a public IPv4 address and a public IPv6 address. The operating system (OS) is to be chosen by the Client from a predefined list offered by PulseHeberg, either via automatic installation or manual installation.

2.3 Community OS

Some operating systems accessible via manual installation come from PulseHeberg community contributions. These OS have not been subject to rigorous review by PulseHeberg. Consequently, PulseHeberg disclaims all liability regarding the integrity, performance, or compatibility of these systems. The Client must exercise their own due diligence when selecting such community OS.

Article 3 - Activation and Delivery

3.1 Automatic Installation

For OS installed via the automatic installation tool, PulseHeberg guarantees that the dedicated server is delivered in working order, responding to ping and accessible via SSH.

3.2 Manual Installation

PulseHeberg's responsibility is limited to providing functional hardware and network access. Any manual installation and initial server configuration are the exclusive responsibility of the Client.

Article 4 - Client Responsibilities

4.1 Server Administration

As the sole administrator of their dedicated server, the Client assumes full responsibility for system management: configuration, optimisation, updates, monitoring, and troubleshooting of software, services, and deployed infrastructure.

4.2 Security

Securing the dedicated server is entirely the Client's responsibility: monitoring event logs, applying security patches and updates, and implementing backup strategies.

4.3 Technical Skills

By subscribing to the service, the Client acknowledges possessing the necessary technical skills and knowledge to administer a server. PulseHeberg shall not be held liable for any damages or malfunctions resulting from the Client's actions, omissions, or errors.

4.4 Technology Watch

The Client is strongly advised to stay informed of developments in the field of system administration to ensure the optimal security and performance of their server.

Article 5 - Resource Usage

5.1 Bandwidth

Each dedicated server comes with a maximum bandwidth as specified on the product sheet. PulseHeberg guarantees a minimum bandwidth of 100 Mb/s for each dedicated server.

5.2 Fair Use

In the event of abuse or usage likely to affect service quality or network integrity, PulseHeberg reserves the right to filter, limit, or adjust connectivity to ensure fair use for all Clients.

Article 6 - Prohibited Activities

6.1 General Principle

The use of the service is subject to compliance with French, European, and international legislation in force. Any breach may result in sanctions ranging from suspension to permanent termination.

6.2 Spam

Any use for spam activities is strictly prohibited. In the event of a breach, PulseHeberg reserves the right to immediately suspend the service, restrict access to SMTP ports, or take any other appropriate measures.

6.3 Prohibited Activities

The following are specifically prohibited: intrusion attempts, port scanning, sniffing, spoofing, cryptocurrency mining, TOR exit nodes, open proxies or VPNs, mass prospecting emails, commercial VPN servers with high traffic.

Article 7 - Service Level Agreement (SLA)

7.1 Availability Commitment

PulseHeberg commits to providing a 99.99% SLA for its dedicated server infrastructure.

7.2 Availability Measurement

SLA measurements are based exclusively on outage durations reported by PulseHeberg via its official status page. Client monitoring tools are not recognised.

7.3 Scope and Trigger

The SLA covers global service interruptions identified and validated by PulseHeberg. Compensation is only granted if the interruption exceeds 15 minutes.

7.4 Compensation

7.5 Credit Terms

Credits are exclusively intended for the settlement of future invoices. They cannot be exchanged for refunds or transferred. These credits are not combinable with other offers or promotions.

7.6 Claim Period

Any credit request must be submitted within 30 days of the incident.

7.7 Exclusions

The SLA does not apply in the event of an incident caused by the Client or by a targeted attack (DDoS or other).

7.8 Hardware Guaranteed Time to Intervention (GTI)

The SLA does not cover hardware faults. For these, PulseHeberg guarantees a GTI of 12 hours during non-business hours and 8 hours during business hours after detection and confirmation of the fault.

Article 8 - Backups

8.1 No Backups

PulseHeberg does not perform backups for Baremetal dedicated servers due to technical constraints preventing access to stored data. The responsibility for backups rests entirely with the Client.

8.2 Client Responsibility

PulseHeberg shall not be held liable for any loss, alteration, or corruption of data. Clients are strongly advised to perform their own regular backups.

Article 9 - Data Confidentiality

9.1 Confidentiality Commitment

Hosted data shall remain confidential and shall not be shared, sold, or made available to third parties, except as required by law.

9.2 Judicial Requisitions

In the event of a judicial requisition, PulseHeberg shall cooperate with the competent authorities in strict compliance with applicable legislation.

Article 10 - DDoS Attack Protection

10.1 Protection Mechanisms

PulseHeberg deploys protection mechanisms against volumetric DDoS attacks to prevent server connection saturation.

10.2 Limitations of Protection

PulseHeberg cannot guarantee total immunity against all forms of DDoS attacks. In the event of an attack threatening the infrastructure, protective measures may be implemented.

10.3 Client Responsibility

It is the Client's responsibility to implement their own complementary security measures to mitigate the residual effects of an attack.

Article 11 - Duration and Termination

11.1 Commitment Period

The commitment period corresponds to the period indicated on the invoice, starting from service activation.

11.2 Right of Withdrawal

In accordance with Articles L221-18 et seq. of the French Consumer Code (Code de la consommation), consumer Clients have a right of withdrawal of fourteen (14) days. Requests must be submitted by support ticket or postal mail.

11.3 Refund

In the event of a valid withdrawal, the refund is calculated on a pro rata basis, less any payment processor transaction fees.

11.4 Termination by the Client

Termination from the client dashboard takes effect at the end of the current period. Once terminated, the service cannot be restored.

11.5 Termination for Default of Payment

In the event of non-payment at the due date, PulseHeberg retains the service for a minimum period of 3 days and a maximum of 10 days. Beyond this period, the service may be terminated.