Specific Terms: Collaborative Suite

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 "Collaborative Suite" service powered by Nextcloud and 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 review all of these documents before subscribing to the "Collaborative Suite" service.

Article 2 - Description of the Service

2.1 General Overview

The PulseHeberg "Collaborative Suite" is a comprehensive service powered by the Nextcloud platform, providing a range of productivity and communication tools. The service comprises two complementary components: an email service and a collaborative platform.

2.2 Email Component

The email component enables the creation and management of professional email accounts. Accounts are accessible via:

• Webmail interface
• IMAP protocol (synchronisation)
• SMTP protocol (sending)

2.3 Collaborative Component

The collaborative component provides access to the following Nextcloud applications:

• Files: document storage and sharing
• Photos: image gallery and organisation
• Talk: instant messaging and video conferencing
• Calendar: event and appointment management
• Contacts: address book

2.4 Limitations

The Client cannot install additional applications on the Nextcloud platform. Only the core applications mentioned in Article 2.3 are available.

2.5 Service Evolution

The technical specifications and features of the service may evolve in line with technological advances, Nextcloud updates, or operational requirements. PulseHeberg undertakes to inform the Client of any substantial modification affecting their service.

Article 3 - Service Activation and Configuration

3.1 Activation

Following order validation and receipt of payment, the Client receives an email confirming the creation of their service. All information, credentials, and instructions required for the configuration and use of the service are available in the PulseHeberg client dashboard.

3.2 Service Management

Service management (email account creation, user management, storage space monitoring, etc.) 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 it is registered with PulseHeberg or with another provider. The DNS records required for the proper functioning of the service are provided to the Client in their client dashboard.

3.4 Configuration Responsibility

PulseHeberg guarantees access to the "Collaborative Suite". However, it is the Client's responsibility to ensure the proper configuration of their accounts and the devices used to access the service.

Article 4 - Client Responsibilities

4.1 Account Security

The Client is entirely responsible for securing their account and the user accounts they create. This responsibility includes creating and maintaining strong passwords for all access to the "Collaborative Suite".

4.2 Personal Information

The Client undertakes to provide valid and up-to-date contact information for identification purposes (surname, first name, organisation where applicable, postal address, telephone number, email address). PulseHeberg reserves the right to request supporting documentation. In the absence of a response from the Client within 72 hours, the service may be suspended.

4.3 Hosted Content

The Client is solely responsible for all content (files, messages, images, documents, etc.) that they host, share, or transmit via the "Collaborative Suite". They warrant that they hold the necessary rights to such content and undertake not to infringe upon the rights of third parties.

4.4 Compliant Use

The Client must ensure that the use of the service complies with applicable laws as well as these SC and the CGU/CGV. Any detected abuse may result in the suspension or termination of the service.

4.5 Sanctions

In the event of non-compliance with the Client's obligations, PulseHeberg reserves the right to suspend or terminate the service without notice. In such cases, no refund shall be granted and charges may apply for the recovery of backed-up data.

Article 5 - Resource Usage

5.1 Storage Spaces

The "Collaborative Suite" provides the Client with two distinct storage spaces:

• Email space: dedicated to emails and attachments
• Cloud space: dedicated to files, photos, and collaborative documents

The quotas for each space are defined according to the subscribed plan and can be viewed in the client dashboard.

5.2 Shared Platform

The service is hosted on a shared platform. Performance may vary depending on overall platform usage. In the event of abuse, overuse, or any usage likely to affect service quality or other Clients, PulseHeberg reserves the right to temporarily or permanently suspend access to the service.

5.3 Storage Overflow

In the event of exceeding storage quotas:

• Email space: the reception of new emails will be blocked
• Cloud space: the addition of new files will be blocked

The service will be automatically restored once the Client has freed up space or subscribed to a higher plan.

5.4 Email Sending Limits

To ensure fair use and prevent abuse, the sending capacity is limited to 200 emails per day per account. This limit is intended to cover normal professional correspondence usage.

5.5 Mass Sending Prohibition

Mass email sending (newsletters, prospecting, marketing, etc.) is strictly prohibited. The email service is intended for individual correspondence and low-volume transactional emails.

Article 6 - Prohibited Activities

6.1 Prohibited Content

It is strictly prohibited to host, publish, transmit, or share via the "Collaborative Suite" any content that is:

• Illegal, harmful, threatening, abusive, or defamatory
• Vulgar, obscene, hateful, or racist
• In violation of the privacy of others
• Protected by copyright without authorisation
• Glorifying criminal acts
• Of a child pornographic nature

6.2 Spam

Sending spam via the email service is strictly prohibited. The following is considered spam:

• Any email not explicitly solicited by the recipient
• Any prospecting or commercial solicitation email
• Any mass sending of messages with similar content

6.3 Malicious Activities

The Client shall refrain from using the service for any illegal or malicious activity, including intrusion attempts (hacking), phishing, or any other form of harmful behaviour.

6.4 Sanctions

Any breach of the usage rules may result in sanctions ranging from temporary suspension to permanent termination of the contract, without notice in the event of a serious breach.

Article 7 - PulseHeberg Obligations

7.1 Platform Administration

PulseHeberg undertakes to administer the "Collaborative Suite" platforms and to ensure their proper functioning within the limits of its technical skills and capabilities.

7.2 Incident Management

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

7.3 Maintenance

PulseHeberg may need to interrupt the service for preventive or corrective maintenance operations. The Client shall be informed in advance of scheduled interventions wherever possible.

7.4 Limitations of Liability

PulseHeberg's liability shall not be engaged in the event of:

• Fault, negligence, omission, or failure of the Client
• Disclosure or unlawful use of the Client's credentials
• Misconfiguration of the Client's devices or software
• Force majeure event
• Content hosted or communications sent/received by the Client

7.5 Preventive Suspension

If the service poses a threat to the infrastructure or other Clients, PulseHeberg reserves the right to suspend it without notice. Access shall be restored after corrections have been made. In the event of repeated or serious breaches, PulseHeberg reserves the right not to restore the service.

Article 8 - Backups and Restorations

8.1 Backups by PulseHeberg

PulseHeberg implements regular backup procedures for all "Collaborative Suite" data (emails, files, calendars, contacts, etc.). These backups are performed as a precautionary measure and do not constitute an absolute guarantee against data loss or corruption.

8.2 Client Responsibility

PulseHeberg shall not be held liable for any loss, alteration, destruction, or corruption of data, regardless of the cause. It is the Client's responsibility to maintain their own archives of important data.

8.3 Cloud File Restoration

Regarding the Cloud space (files, photos, documents), the restoration of individual files from PulseHeberg backups is not possible. The Nextcloud platform integrates its own recovery mechanisms:

• Recycle bin: deleted files are retained for 30 days in the "Deleted files" folder, allowing the Client to restore them independently
• Versioning: previous versions of modified files are retained, allowing the Client to revert to an earlier version

It is the Client's responsibility to use these tools for managing and recovering their files.

8.4 Email Restoration

To request a mailbox restoration, the Client must open a support ticket to enquire about available backup dates and choose the most appropriate one.

8.5 Email Restoration Pricing

Each email restoration request is charged at 15 EUR including all taxes (TTC). PulseHeberg undertakes to process the request within a maximum of 72 hours, this timeframe may vary depending on the complexity and volume of data to be restored.

8.6 Disaster Recovery Restoration

In the event of a major incident on the infrastructure, PulseHeberg reserves the right to perform a complete platform restoration from the latest viable backup. This operation is a disaster recovery measure and cannot be requested by a Client for individual needs.

Article 9 - Anti-Spam and Antivirus Protection

9.1 Automatic Filtering

The email service includes a protection solution against unsolicited emails (spam) and malicious software (viruses). Emails identified as potentially dangerous or unsolicited are automatically moved to the "Junk" folder.

9.2 Filtering Limitations

Due to the complexity and constant evolution of threats, PulseHeberg cannot guarantee total effectiveness of the filtering system. It is possible that some unsolicited emails may not be detected (false negatives) or that legitimate emails may be incorrectly classified as junk (false positives).

9.3 Client Verification

It is the Client's responsibility to regularly check the contents of their "Junk" folder to retrieve any legitimate emails that may have been incorrectly classified.

Article 10 - Data Confidentiality

10.1 Confidentiality Commitment

PulseHeberg attaches paramount importance to the protection and confidentiality of data hosted on the "Collaborative Suite" platforms. This data shall not be shared, sold, or made available to third parties, except as required by law.

10.2 Judicial Requisitions

In the event of a judicial requisition, PulseHeberg is legally required to cooperate with the competent authorities and to provide the information requested, in strict compliance with applicable legislation.

Article 11 - DDoS Attack Protection

11.1 Protection Mechanisms

PulseHeberg deploys protection mechanisms against DDoS attacks to preserve the availability of the "Collaborative Suite" platforms.

11.2 Limitations of Protection

PulseHeberg cannot guarantee total immunity against all forms of DDoS attacks. In the event of an attack threatening the integrity of the infrastructure, protective measures, including temporary suspension of the affected Client's service, may be implemented.

11.3 Incident Management

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

Article 12 - Duration and Termination

12.1 Commitment Period

The commitment period corresponds to the period indicated on the invoice issued by PulseHeberg. This period begins upon service activation.

12.2 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. Withdrawal requests must be addressed to PulseHeberg by support ticket or postal mail.

12.3 Refund

In the event of a valid withdrawal, the refund is calculated on a pro rata basis for the unconsumed portion of the service, less any payment processor transaction fees where applicable. This refund is made to the original payment method or by bank transfer for Clients in the SEPA zone.

12.4 Termination by the Client

The Client may terminate their service from their client dashboard. Termination takes effect at the end of the current period. Once the service has been terminated, data is deleted and cannot be recovered.

12.5 Termination for Default of Payment

In the event of non-payment of a renewal invoice at the due date, the following provisions apply in accordance with the CGU/CGV:

• The service is suspended two (2) days after the payment due date
• The Client has a maximum period of thirty (30) days following the suspension to regularise their situation
• Failing regularisation, the service shall be terminated and data permanently deleted
• PulseHeberg reserves the right to proceed with termination before this period if operational requirements so demand