Specific Terms: VPS Cloud

In this document

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 VPS Cloud services 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 a VPS Cloud service.

Article 2 - Description of the VPS Cloud Service

2.1 General Overview

PulseHeberg offers Virtual Private Servers (VPS) allowing the Client to benefit from an isolated and independently administrable server environment.

2.2 Service Ranges

PulseHeberg offers various ranges of VPS Cloud services, the characteristics of which are detailed on the PulseHeberg website. These ranges may evolve over time, with the addition of new ranges or the discontinuation of older ones.

Clients with services from discontinued ranges retain the benefit of their service under the subscribed conditions, provided they continue to renew.

2.3 Allocated Resources

Each VPS Cloud service includes:

• Dedicated and guaranteed resources: disk space and memory (RAM)
• Shared resources: CPU, disk I/O, and network connectivity

The precise characteristics of each service (amount of RAM, disk space, bandwidth) can be viewed on the PulseHeberg website.

2.4 IP Addressing

Every VPS is automatically provided with a public IPv4 address and a public IPv6 address. Additional IP addresses may be available depending on the service and upon request.

2.5 Operating System

The operating system (OS) for the server is to be chosen by the Client from a predefined list offered by PulseHeberg. Two installation modes are available:

• Automatic installation: OS officially supported by PulseHeberg
• Manual installation: additional OS, including PulseHeberg community contributions

2.6 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 and using such community OS.

Article 3 - Service Change

3.1 Upgrade to a Higher Service

The Client may upgrade to a higher service within the same VPS Cloud range at any time. This operation is available independently from the client dashboard.

When requesting an upgrade, the Client is informed of the characteristics of the new service as well as the new applicable rate. A pro rata calculation is applied for the remaining days until the next renewal date.

3.2 Downgrade to a Lower Service

For technical reasons, downgrading to a lower service within the same range is not possible. A Client wishing to have a service with fewer resources must subscribe to a new service and perform the data migration themselves.

3.3 Range Change

Switching from an older range to a new VPS Cloud range may be possible under certain conditions. Clients wishing to make such a change are invited to contact PulseHeberg support to learn about the applicable conditions and procedures.

3.4 Data Migration

In the case of a downgrade (via subscription of a new service) or range change, data and configuration migration is the Client's responsibility. PulseHeberg does not perform data migration on behalf of the Client.

This provision does not apply to upgrades within the same range, for which the existing VPS resources are directly increased without requiring migration.

Article 4 - Activation and Delivery

4.1 Automatic Installation

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

4.2 Manual Installation

In the case of a manual OS installation, the effective commissioning of the VPS is the exclusive responsibility of the Client. It is their duty to ensure the initial configuration necessary for the VPS to be operational.

4.3 Connection Information

VPS connection information (IP address, credentials) is provided to the Client in their client dashboard and by email following service activation.

Article 5 - Client Responsibilities

5.1 Server Administration

As the sole administrator of their VPS, the Client assumes full responsibility for system management. This responsibility includes notably:

• System and service configuration and optimisation
• Software installation, updating, and maintenance
• Performance and event log monitoring
• Troubleshooting malfunctions

5.2 Security

Securing the VPS is entirely the Client's responsibility. It is their duty to:

• Regularly apply security patches and updates
• Properly configure firewalls and access controls
• Monitor intrusion attempts and suspicious activities
• Implement data backup strategies

5.3 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 in administering their VPS.

5.4 Technology Watch

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

Article 6 - Resource Usage

6.1 Bandwidth

Each VPS service comes with a maximum bandwidth as specified on the product sheet. PulseHeberg makes every effort to ensure the Client benefits from this maximum bandwidth at all times.

However, this maximum bandwidth does not constitute a contractual guarantee and may be limited in accordance with the provisions of Article 6.2 regarding fair use of resources.

6.2 Fair Use

Shared resources (CPU, disk I/O, and network connectivity) must be used fairly. In the event of abuse or usage likely to affect service quality or other Clients, PulseHeberg reserves the right to filter, limit, or adjust these resources for the VPS concerned.

6.3 Continuous Use

Operating resources at near-maximum capacity for more than 2 consecutive hours, or high cumulative consumption across all VPS on the same Client account, shall be considered non-compliant continuous use.

6.4 Automatic Limitation

In the event of detection of non-compliant continuous use, PulseHeberg shall automatically apply limitations to the Client's resources. To lift this limitation, the Client must contact support and commit to resolving the cause of the excessive usage.

Article 7 - Prohibited Activities

7.1 General Principle

The use of the VPS service is subject to compliance with French, European, and international legislation in force. The Client shall refrain from any illegal, malicious, or unethical use.

7.2 Prohibited Activities

The following activities are specifically prohibited:

• Sending spam or unsolicited emails
• Intrusion attempts, port scanning, sniffing, spoofing, phishing
• Cryptocurrency mining
• TOR exit nodes
• Public open proxies or VPNs
• Commercial high-traffic VPN servers
• Mass prospecting emails
• Hosting of illegal content
• Any activity likely to compromise the security or stability of the infrastructure

7.3 Sanctions

Any breach of the usage rules may result in sanctions ranging from resource or port limitations, to temporary suspension, up to permanent termination of the service, without notice in the event of a serious breach.

Article 8 - PulseHeberg Obligations

8.1 Service Provision

PulseHeberg undertakes to provide the VPS Cloud service in accordance with the characteristics of the subscribed service and to maintain its infrastructure in operational condition.

8.2 Technical Support

PulseHeberg provides technical support relating to the infrastructure and VPS availability. Support does not cover the administration of the operating system or applications installed by the Client, which remain their sole responsibility.

8.3 Incident Management

In the event of an incident on the infrastructure, 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.

8.4 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.

Article 9 - Service Level Agreement (SLA)

9.1 Availability Commitment

PulseHeberg commits to providing a 99.99% availability level (SLA) for its VPS Cloud infrastructure.

9.2 Availability Measurement

SLA measurement is based exclusively on outage durations reported by PulseHeberg via its official status page. Client monitoring tools or reports are not taken into account for SLA evaluation.

9.3 SLA Scope

The SLA covers only global service interruptions identified, observed, and validated by PulseHeberg, subject to an official communication. The SLA does not apply to interruptions resulting from:

• Client actions or omissions
• Attacks specifically directed against the Client
• Force majeure events
• Scheduled maintenance operations

9.4 Compensation

In the event of SLA non-compliance, compensation in the form of credits shall be granted if the interruption exceeds 15 minutes. The compensation scale, based on the monthly fee of the affected service, is as follows:

9.5 Credit Terms

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

9.6 Claim Period

Any credit request under the SLA must be submitted by the Client via support ticket within 30 days of the incident. After this period, no request shall be considered.

Article 10 - Backups and Restorations

10.1 Non-Contractual Backups

PulseHeberg implements VPS backup procedures. These backups are of a non-contractual nature and do not constitute a guarantee against data loss or corruption.

10.2 Client Responsibility

It is the Client's exclusive responsibility to ensure the backup, protection, and integrity of their data. Clients are strongly advised to perform their own regular backups.

10.3 Backup Limitations

In certain situations, backups may be unavailable, particularly for VPS that are particularly large, whose data changes very frequently, or equipped with disks using SATA technology whose performance characteristics are not compatible with the automatic backup process. If the backup process generates instabilities reported by the Client, PulseHeberg may temporarily or permanently disable it for that VPS.

10.4 Restoration Request

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

10.5 Free and Paid Restorations

Two restoration requests are offered to the Client per quarter. Any additional restoration is charged at 5 EUR including all taxes (TTC).

10.6 Processing Time

PulseHeberg undertakes to process restoration requests within a maximum of 24 hours, subject to the size and complexity of the data to be restored.

Article 11 - DDoS Attack Protection

11.1 Protection Mechanisms

PulseHeberg deploys protection mechanisms against DDoS attacks to prevent VPS connection saturation and preserve service availability.

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 Client Responsibility

In the event that residual effects of an attack affect the VPS, it is the Client's responsibility to implement their own complementary security measures (firewall configuration, software solutions, etc.).

Article 12 - Data Confidentiality

12.1 Confidentiality Commitment

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

12.2 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 13 - Duration and Termination

13.1 Commitment Period

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

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

13.3 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.

13.4 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.

13.5 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 the thirty (30) day period if operational requirements so demand, particularly to free up resources necessary for the delivery of services to other Clients

Article 14 - Student VPS Offer

14.1 Eligibility Conditions

To subscribe to the Student VPS offer, the Client must:

• Be currently enrolled as a student at an educational institution (public or private) located in a European Union Member State, the United Kingdom, Switzerland, Norway, Canada, or the United States of America
• Provide upon subscription a valid proof of student status (student card, enrolment certificate, etc.)

14.2 Annual Status Renewal

The benefit of the Student VPS offer is conditional upon maintaining student status. The Client is required to renew the proof of their student status annually from their client dashboard by providing an up-to-date document.

14.3 Authorised Use

The Student VPS offer is designed with an educational and learning purpose. The Client undertakes not to use the VPS for commercial or professionally lucrative purposes.

14.4 End of Eligibility

Once the Client is no longer a student or can no longer demonstrate their status, they lose their eligibility for the Student VPS offer. The Client then has the following options:

• Transfer to a public offer: the Client is invited to contact PulseHeberg support to transfer their service to the nearest available public offer at current rates
• Termination: the Client may choose to terminate their service

14.5 Failure to Provide Proof

In the absence of renewal of the student status proof within the required timeframe, or in the absence of contact from the Client to regularise their situation:

• The service shall be suspended pending contact from the Client
• The Client shall be notified by email of the suspension and the steps to be taken
• Data shall be retained for a period of thirty (30) days following the suspension
• After this period, without regularisation or contact, the service may be permanently terminated and data deleted

14.6 Verification and Sanctions

PulseHeberg reserves the right to verify the Client's eligibility at any time. In the event of proven fraud (false documents, commercial use, etc.), PulseHeberg reserves the right to terminate the service without notice and without refund.