Specific Terms: BYOS Datacenter Hosting

In this document

Article 1 - Purpose and Scope of the Special Conditions

1.1 Purpose

These Special Conditions (hereinafter "SC") define the technical arrangements, obligations, and specific responsibilities related to the "Bring Your Own Server" (hereinafter "BYOS") datacenter hosting 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 the service implies adherence to these SC as well as to the CGU/CGV of PulseHeberg.

Article 2 - Description of the BYOS Service

2.1 General Overview

The BYOS service allows the Client to have their own server equipment (from 1U to 4U) hosted within datacenter infrastructure operated by PulseHeberg.

2.2 Scope of Responsibility

The Client remains solely responsible for their equipment, in both hardware and software aspects. PulseHeberg does not provide any monitoring of the server, its operating system, or the services it runs.

PulseHeberg's monitoring is limited to the hosting infrastructure elements (power supply, cooling, rack) and network connectivity.

2.3 Elements Included in the Service

The BYOS service includes:

• Provision of space in a shared rack, according to the subscribed height (1U to 4U)
• Dedicated power supply provided via two separate feeds (A and B), allocated between 100W and 400W depending on the chosen plan
• Best-effort Internet connectivity on a 10 Gbps port, with a guaranteed minimum throughput of 300 Mbps
• A public IPv4 address and an IPv6 /64 block provided by PulseHeberg
• Network connectivity provided by default via an RJ45 port (1 Gbps or 10 Gbps depending on hardware compatibility)
• Technical management operated exclusively by PulseHeberg via requests made from the client dashboard

2.4 Service Limitations

The service is exclusively available on the PulseHeberg IP network. It does not include:

• The establishment of direct BGP sessions between the Client and PulseHeberg's infrastructure
• The implementation of inter-operator connections (cross-connect / XCO)

2.5 Additional Options

Additional options are available upon request, at rates available on the PulseHeberg website:

• BYOIP (Bring Your Own IP) service with managed BGP announcements (cf. Article 11)
• Connectivity delivery via SFP 1G or SFP+ 10G module in place of the RJ45 port
• Provision of a second RJ45 1 Gbps port for OOB access (IPMI or BMC interface)
• Allocation of additional IPv4 or IPv6 addresses (from PulseHeberg's network)
• Allocation of additional power capacity in case of quota exceeded
• Manual datacenter interventions (installation, restart, physical maintenance)
• Any other customised service offered via the client dashboard

2.6 Service Evolution

Any evolution of the service (technical characteristics, commercial terms, regulatory constraints) may be implemented by PulseHeberg. The Client shall be notified by electronic means with a minimum notice of ten (10) days before the modification takes effect.

Article 3 - Order and Delivery

3.1 Order Validation

The BYOS service may only be ordered online via the PulseHeberg website. The order is deemed validated upon full receipt of payment for the first month's subscription, activation fees (FAS), and, where applicable, subscribed options.

3.2 Shipping Instructions

Within forty-eight (48) business hours of order validation, PulseHeberg shall provide the Client with shipping instructions for the equipment to the hosting site address. The equipment is shipped by the Client, at their expense, via the carrier of their choice.

3.3 Transport and Insurance

The Client remains solely responsible for the packaging, safe delivery, and insurance of their equipment until effective receipt by PulseHeberg. Any damage occurring during transport is the sole responsibility of the Client.

3.4 Receipt and Racking

Upon receipt of the equipment, PulseHeberg notifies the Client by email and informs them of the expected racking date, within the next installation cycle scheduled by its technical teams.

3.5 Out-of-Cycle Delivery Option

If the Client has subscribed to the "out-of-cycle" delivery option, racking is scheduled within twenty-four (24) to seventy-two (72) business hours following receipt of the equipment.

Article 4 - Client Responsibilities

4.1 Equipment and Power Supply

The Client retains full responsibility for the hosted equipment. It is their duty to ensure that the equipment is fitted with a dual power supply.

4.2 Hardware Failure

In the event of hardware failure (power supply, disk, motherboard, etc.), the Client must, if they wish to maintain the service, provide a replacement component at their own expense. Installation shall be performed by PulseHeberg's teams, subject to technical availability and after scheduling an intervention according to the terms provided in the service.

4.3 Administration and Maintenance

PulseHeberg does not perform any monitoring of the hosted equipment. It is the Client's responsibility to ensure:

• The maintenance and proper functioning of their server
• The security and updating of the operating system and software
• The backup of their data
• The monitoring of the services they deploy

4.4 Legal Compliance

The Client is solely responsible for the legal compliance of their server usage, and in particular for all outgoing communications operated via their infrastructure. They undertake to comply with applicable legislation, particularly regarding security, confidentiality, content, and network resource usage.

4.5 Mandatory Insurance

The Client must hold professional liability insurance (RCP) covering the hosting of equipment in third-party facilities. PulseHeberg reserves the right to request a certificate at any time.

4.6 Technical Skills

By subscribing to the service, the Client acknowledges possessing the technical skills necessary for operating their server. PulseHeberg shall not be held liable for consequences resulting from poor administration, a security deficiency, or use not in accordance with the service's intended purpose.

Article 5 - Resource Usage

5.1 Network Connectivity

Each BYOS service includes network connectivity provided on a best-effort basis via a 10 Gbps port, with a guaranteed minimum throughput of 300 Mbps per server. This 10 Gbps capacity is shared and not dedicated. The Client may benefit from it occasionally, but continuous and intensive bandwidth usage is prohibited.

5.2 Network Consumption Limitation

Monthly network consumption measured at the 95th percentile must not exceed 300 Mbps, except with prior agreement from PulseHeberg. In the event of behaviour likely to affect network integrity or stability, PulseHeberg reserves the right to temporarily restrict or adjust connectivity to preserve overall service quality.

5.3 Power Capacity

A power capacity is allocated to each server according to the subscribed plan. An occasional exceedance of this capacity, within the limit of 100 additional watts and for a maximum duration of two (2) hours per month, is tolerated without billing.

5.4 Power Exceedance

Any exceedance beyond the tolerance threshold shall result in billing of an overage charge at the rate in effect on the PulseHeberg website. PulseHeberg reserves the right to adjust or temporarily restrict power supply to preserve infrastructure safety.

Article 6 - Prohibited Activities

6.1 General Principle

The use of the BYOS service is subject to compliance with French, European, and international legislation in force. Any breach of the usage rules may result in sanctions up to and including suspension or termination of the service.

6.2 Spam

Any use of the infrastructure for sending unsolicited emails (spam) is strictly prohibited. In the event of abuse, PulseHeberg reserves the right to suspend the affected services without notice, restrict access to SMTP ports, or take any measure deemed necessary to protect its infrastructure and reputation.

6.3 Prohibited Activities

The Client shall refrain from using their server for any illegal, malicious, or unethical activity. The following are specifically prohibited:

• Port scanning and intrusion attempts
• Denial of service attacks (DDoS)
• Packet sniffing and identity spoofing
• Exploitation of security vulnerabilities
• Operating or hosting a TOR exit node
• Providing open proxies or VPNs
• Mass prospecting emails without consent
• Operating commercial high-traffic VPN servers
• Any behaviour aimed at harming third parties or circumventing technical restrictions

6.4 Sanctions

Any serious violation of the usage rules may result in immediate termination of the affected service without compensation.

Article 7 - PulseHeberg Obligations

7.1 Service Provision

PulseHeberg undertakes to provide the hosting environment in accordance with the characteristics of the subscribed service: power supply, cooling, network infrastructure.

7.2 Technical Support

PulseHeberg provides technical support relating to the hosting infrastructure and network connectivity. Support does not cover the administration of the server, operating system, or applications installed by the Client.

7.3 Physical Interventions

Physical interventions on the Client's equipment (restart, component replacement, hardware diagnosis) are performed by PulseHeberg's teams according to the terms and rates provided in the service.

7.4 Maintenance

PulseHeberg may need to perform maintenance operations on the hosting infrastructure. The Client shall be informed in advance of scheduled interventions wherever possible.

Article 8 - Service Level Agreement (SLA)

8.1 SLA Scope

The SLA applicable to the BYOS service covers exclusively the hosting environment (power supply, cooling, network infrastructure operated by PulseHeberg), excluding scheduled maintenance periods.

8.2 Availability Commitment

PulseHeberg guarantees 99.99% monthly availability on the hosting infrastructure. This guarantee is calculated based on service interruptions declared by PulseHeberg on its official status page. Third-party monitoring tools or reports are not considered valid references.

8.3 Compensation

Any service interruption affecting power supply or network connectivity, lasting more than fifteen (15) consecutive minutes and outside scheduled maintenance periods, may entitle the Client to compensation in the form of credit:

8.4 Credit Terms

Credits granted are non-refundable, non-transferable, and valid only for the settlement of future invoices issued by PulseHeberg. These credits are not combinable with other promotions or commercial gestures.

8.5 Claim Period

Any compensation request must be submitted by the Client via support ticket within thirty (30) days of the incident. After this period, no claim shall be considered.

8.6 Exclusions

The SLA does not apply in the event of:

• Incident caused by the Client or a third party
• Targeted attack (DDoS or other)
• Absence of dual power supply on the Client's equipment (for power incidents)
• Scheduled maintenance operations
• Force majeure events

Article 9 - Backups and Data Integrity

9.1 No Backups

PulseHeberg does not perform any backups of data hosted on the Client's equipment under the BYOS service. The technical infrastructure does not allow access to server contents, which remain under the Client's sole responsibility.

9.2 Client Responsibility

The Client is solely responsible for the protection, integrity, and preservation of their data. In the event of loss, destruction, corruption, or alteration, regardless of the cause, PulseHeberg shall not be held liable.

9.3 Recommendation

Clients are strongly advised to implement their own external backup solutions on a regular basis to prevent any data loss.

Article 10 - DDoS Attack Protection

10.1 Protection Mechanisms

PulseHeberg deploys protection mechanisms against distributed denial of service (DDoS) attacks, particularly volumetric attacks, in order to maintain the stability of its network infrastructure. These protections aim to prevent network interconnection saturation and preserve the overall experience for Clients.

10.2 Limitations of Protection

These measures do not guarantee total immunity against all forms of DDoS attacks. In the event of an attack significantly impacting the infrastructure, PulseHeberg reserves the right to take any measure necessary to protect its equipment and other Clients, including temporary limitation or suspension of the targeted service.

10.3 Client Responsibility

The Client remains responsible for securing their equipment. It is their duty to implement the necessary complementary measures (firewall, application filtering, software security) to mitigate the impact of targeted or residual attacks not blocked by PulseHeberg's protection systems.

Article 11 - Data Confidentiality

11.1 Confidentiality Commitment

PulseHeberg attaches paramount importance to the protection and confidentiality of data hosted by its Clients. Although the infrastructure is operated by PulseHeberg, the equipment, systems, and data remain under the exclusive control of the Client.

PulseHeberg undertakes not to access, view, or transmit data stored on the Client's equipment, except where legally required.

11.2 Judicial Requisitions

In the event of a judicial requisition, PulseHeberg shall comply with the requirements of the competent authorities and provide the required information in strict compliance with applicable legislation. The Client shall be informed of such proceedings, unless expressly prohibited by law or confidentiality injunction.

Article 12 - BYOIP (Bring Your Own IP) Service

12.1 Service Description

The BYOIP (Bring Your Own IP) service allows the Client to use their own IP addresses for their hosted equipment. Subscription to this service is conditional upon validation by PulseHeberg that the Client is the legitimate holder of the IP address prefixes (IPv4/IPv6) to be announced. The Client must provide any official documentation proving such ownership upon request.

12.2 BGP Announcement Management

Under the BYOIP service, PulseHeberg handles on behalf of the Client the technical configuration, announcement, and management of said prefixes on its network infrastructure. The announcement shall be made:

• Via the Client's Autonomous System Number (ASN), if the Client holds one and requests it
• Failing that, via an ASN belonging to PulseHeberg

12.3 Exclusion of Direct BGP Sessions

The responsibility for configuring and maintaining BGP announcements rests exclusively with PulseHeberg. The BYOIP service does not include and does not allow the establishment of a direct BGP session by the Client, and does not require any specific routing configuration on their part.

Any request for modification related to announcements (prefix change, etc.) must be made via the client dashboard and shall be processed by PulseHeberg's teams.

12.4 Concurrent Announcements

The Client retains the ability to announce the same IP prefixes with other operators or on other infrastructure. In such cases, the Client acknowledges being solely responsible for the consistency of their overall routing policy and any instabilities or service losses that may result.

PulseHeberg's liability shall not be engaged for any service degradation (packet loss, abnormal latency, inaccessibility) whose cause is attributable to a concurrent announcement made by the Client outside of PulseHeberg's infrastructure.

12.5 Diagnostic Billing

In the event of a technical incident, if the diagnosis conducted by PulseHeberg reveals that the root cause is related to an external configuration by the Client, the analysis and intervention time shall be billed to the Client at the hourly rate of the "Manual Datacenter Intervention" service in effect, available on the PulseHeberg website.

Article 13 - Duration and Termination

13.1 Commitment Period

The service commitment period is monthly, renewable by automatic renewal, and runs from order validation. The start date and service duration are specified on the invoice issued by PulseHeberg.

13.2 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 from the order date. This request must be made by support ticket or postal mail.

In the event of withdrawal, the refund is calculated on a pro rata basis for the unused portion of the service. The service remains due as long as the Client's equipment is present in PulseHeberg's infrastructure. Activation fees (FAS), corresponding to a service immediately performed, are non-refundable.

13.3 Termination by the Client

Termination may be requested at any time from the client dashboard. It takes effect at the end of the current billing period, provided it is submitted at least seven (7) days before its expiry. Failing that, it shall be deferred to the following expiry date.

13.4 Termination for Default of Payment

In the event of default of payment at an invoice's due date:

• Network access to the server is suspended within twenty-four (24) hours
• If payment is not received within seventy-two (72) hours, the server's power supply is also suspended
• The service is restored upon full receipt of all outstanding amounts

In the event of prolonged suspension, and if the Client wishes to recover their equipment, they must at minimum settle the amount corresponding to power and network consumption during the unpaid period.

Article 14 - Equipment Withdrawal

14.1 Withdrawal Period

In the event of withdrawal or termination, the equipment is removed by PulseHeberg's teams within a maximum of fifteen (15) calendar days following the effective service end date.

14.2 Withdrawal Fees

The equipment is only returned to the Client after full payment of withdrawal fees and shipping fees. Withdrawal fees are equivalent to the activation fees (FAS) of the service, according to the schedule in effect on the PulseHeberg website.

14.3 Shipping Fees

The Client is responsible for shipping fees for the equipment to the address of their choice. Shipping is performed by a carrier selected by PulseHeberg, with mandatory insurance. The amount charged corresponds to the actual cost of transport and insurance, without markup. A receipt may be provided to the Client upon request.

14.4 Equipment Storage

As long as withdrawal and shipping fees have not been settled, the equipment is retained by PulseHeberg. Storage is free for one (1) month from the service end date. Beyond this period, storage fees may be charged according to the schedule in effect.

14.5 Transport and Claims

Transport timeframes are not the responsibility of PulseHeberg. The Client must report any damage or anomaly within seventy-two (72) hours of receipt. Any claim shall be forwarded to the carrier and PulseHeberg's insurance company, who shall determine any compensation based on the evidence provided by the Client.