Specific Terms: Hosted Email Zimbra

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 Zimbra email 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 these SC implies prior acceptance of the CGU/CGV of PulseHeberg. The Client is required to read all of these documents before subscribing to the service.

Article 2 - Service Description

2.1 General Overview

The Zimbra email hosting service offered by PulseHeberg is a comprehensive service enabling the management, sending, and receiving of emails via a dedicated interface.

2.2 Features

The service includes the creation and management of email accounts, accessible via webmail, IMAP, SMTP, and POP protocols.

2.3 Service Evolution

The technical specifications and details of the service may evolve in line with technological advances or operational requirements.

Article 3 - Service Activation and Configuration

3.1 Activation

Following order validation, the Client receives an email confirming the creation of their service, including the instructions necessary to configure the DNS zone of their domain.

3.2 Service Management

Service management is carried out from the PulseHeberg client dashboard.

3.3 DNS Configuration

The Client is responsible for configuring the DNS zone for their domain, whether registered with PulseHeberg or elsewhere.

3.4 Configuration Responsibility

PulseHeberg guarantees access to the email hosting service. It is the Client's responsibility to ensure the proper configuration of their accounts and the devices used to access them.

Article 4 - Client Responsibilities

4.1 Account Security

The Client is responsible for securing their email hosting account, including the creation and maintenance of strong passwords for all associated accounts.

4.2 Personal Information

The Client undertakes to provide valid and up-to-date contact details. PulseHeberg reserves the right to request supporting documents. In the absence of a response within 72 hours, the service may be suspended.

4.3 Compliant Use

The Client must ensure that the use of the service complies with applicable laws regarding electronic communications. Any abuse may result in the suspension or termination of the service.

4.4 Sanctions

In the event of non-compliance, PulseHeberg reserves the right to terminate the service without refund.

Article 5 - Resource Usage

5.1 Shared Platform

The email hosting service provides dedicated space on a shared platform. Each Client has a defined disk space allocation for email storage. Performance may vary depending on the overall platform usage.

5.2 Fair Use

In the event of abuse or overuse likely to affect service quality, PulseHeberg reserves the right to temporarily or permanently suspend access to the service.

5.3 Sending Limits

Sending capacity is limited to 200 emails per day per Client, in order to prevent abuse while allowing normal use.

5.4 Storage Overage

In the event of exceeding the allocated disk space, the reception of new emails will be blocked until space is freed up or the quota is increased.

5.5 Prohibition of Mass Sending

Mass email sending is strictly prohibited. The service is intended for individual correspondence and low-volume transactional emails.

Article 6 - Prohibited Activities

6.1 General Principle

The use of the service is subject to compliance with applicable legislation. Any breach may result in sanctions ranging from suspension to permanent termination.

6.2 Spam

Sending spam is strictly prohibited. The following are considered spam: any unsolicited email, any commercial prospecting email, any mass sending of messages with similar content. In the event of a breach, PulseHeberg reserves the right to suspend the service and/or restrict access to SMTP ports.

6.3 Prohibited Activities

The following are specifically prohibited: intrusion attempts, phishing, sending commercial prospecting emails (with or without consent), sending content protected by copyright without authorisation, and any activity outside the legal framework.

Article 7 - PulseHeberg Obligations

7.1 Platform Administration

PulseHeberg undertakes to manage the email hosting platforms and ensure their proper functioning.

7.2 Incident Management

In the event of an incident, PulseHeberg shall endeavour to intervene with diligence. The Client will be informed by email, via social media, or through the status page.

7.3 Maintenance

PulseHeberg may interrupt the service for maintenance operations. The Client will be informed in advance where possible.

7.4 Limitation of Liability

PulseHeberg's liability shall not be engaged in the event of Client fault, force majeure events, disclosure of credentials, or the content of communications sent/received.

7.5 Preventive Suspension

If the service poses a threat to the infrastructure, PulseHeberg reserves the right to suspend it. In the event of repeated or serious breaches, PulseHeberg may refuse to restore the service.

Article 8 - Backups and Restorations

8.1 Backups by PulseHeberg

PulseHeberg implements regular email backup procedures. These backups do not constitute an absolute guarantee against data loss.

8.2 Client Responsibility

PulseHeberg shall not be held liable for any loss or corruption of emails. Clients are advised to maintain their own archives of important communications.

8.3 Restoration Request

To request a restoration, the Client must open a support ticket to obtain available backup dates.

8.4 Pricing

Each restoration request is charged at EUR 15 including all taxes (TTC).

8.5 Processing Time

PulseHeberg undertakes to process requests within a maximum of 72 hours, depending on complexity.

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 preserve the availability of the platform.

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 Incident Management

In the event of residual effects affecting the platform, PulseHeberg undertakes to take all necessary measures to minimise the impact on Clients.

Article 11 - Duration and Termination

11.1 Commitment Period

The commitment period corresponds to the period indicated on the invoice issued by PulseHeberg, 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. This right does not apply to domains ordered simultaneously.

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 and excluding domains.

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 10 days and a maximum of 30 days. Beyond this period, the service may be terminated.