These Special Conditions supplement the General Conditions and their purpose is to define the conditions under which SCALEWAY supplies the User (User or Users) with Compute Services (Compute Services) and Storage Services (Storage Services), together Cloud Services (“Cloud Services”). In the event of contradiction between the General Conditions and these Special Conditions, the latter shall take precedence.
2. CONDITIONS COMMON TO THE CLOUD SERVICES
2.1. Trial period
At the time of subscribing to Cloud Services, Users are able to take advantage of a fixed trial period but with the limitations indicated on the Site. On the expiry of this trial period, if Users do not take out a subscription for the full version of Cloud Services, the trial offer will automatically be terminated and the User’s data created in this context will be permanently deleted. It is the User’s responsibility as a consequence to take all the necessary precautions to retrieve this data prior to the expiry of the trial period. At any time during the trial period, Users are able to confirm their invoicing information from the Console and will then be migrated to the full service immediately.
2.2. Prerequisites for access to Cloud Services
Users are responsible for providing the computer and telecommunication resources required for access to Cloud Services. In particular, they are responsible for the costs linked to the computer and telecommunication resources required for access to Cloud Services and in particular an internet connection offering throughput and quality compatible with the Cloud Services.
Users alone are responsible for choosing the Cloud Services that best correspond to their needs. In this respect, they declare that prior to subscribing to the Cloud Services they have checked that they fully meet their needs and that they have received from SCALEWAY all the information required to subscribe to the contract with full knowledge of the facts.
3. DESCRIPTION OF THE CLOUD SERVICES
Cloud Services permit Users to consume computer resources on demand. Cloud Services are accessible via the Console and via (API) programming interfaces.
In the context of Compute Services, Users are able to create configurable Servers. Users can modify their Server’s configuration (Volumes, IPs, Security Groups). Hardware resources required are allocated on start-up of the Server. In addition, Users can take advantage of features they can use to automate Server deployment (Snapshot, Images). As storage of Servers is not backed up by SCALEWAY, it is incumbent upon users to make sure they back up their data.
In the context of Storage Services, Users are able to send data called Objects (Objects). Users can send and read Objects sent automatically. As Objects are not backed up by SCALEWAY, it is incumbent upon Users to make sure they back up their data. SCALEWAY will endeavour to retain Objects until Users request their deletion or the Contract is terminated.
4. THE USERS’ OBLIGATIONS
Users alone are responsible for all the data, software and information they create, install, download or transfer via the Cloud Services. They should fulfil the declaration formalities relating to processing this data to the relevant personal data protection authorities. Users are responsible for recovering their data before termination of the Contract, regardless of the reason.
Users undertake to use the Cloud Services in a legal manner, in line with the regulations in force and in compliance with the General Conditions and Special Conditions. In a general manner, SCALEWAY has no knowledge of the content stored on its Servers. As a consequence, Users undertake to guarantee SCALEWAY against all recourse, claims or legal proceedings relating to content stored on the Servers by the User, in the context of the Cloud Services.
5. SERVICE COMMITMENTS
5.1. Commitments common to the Cloud Services
The availability rate guaranteed for the Cloud Services corresponds to network availability. It depends on the service level subscribed to and is indicated on the Site. Failure to comply with this commitment during an elapsed calendar month gives Users a right to compensation of an amount equal to the proportion of the monthly payment due calculated over the period during which the availability rate is not achieved, subject to Users reporting the incident and requesting compensation from SCALEWAY. No compensation will be payable to Users in the event of force majeure, due to irresistible third-party issues or the User’s fault. Planned maintenance causing temporary non-availability is not considered as unavailability time.
5.2. Commitments concerning Compute Services
Users can at any time request the start-up of a Server that has been configured previously. As the hardware resources required for the operation of the server are not reserved when the server is switched off in the Console, start-up of this server may fail due to a lack of available hardware resources. Users can contact technical assistance to find out the time periods for the availability of the configuration requested. Server start-up time depends on the configuration of the Server, certified images are optimised for start-up in less than 60 seconds.
Should a Server fail, Users must notify technical assistance and will be invited to carry out a switch off/start-up cycle of the affected Server, the effect of which is to change the physical hardware allocated to the Server.
SCALEWAY, a simplified stock corporation (Société anonyme par actions simplifiée) with a working capital of €214.410,50, headquartered at 8 rue de la ville l’Evêque – 75008 Paris, FRANCE, registered with the Paris Corporate and Trade Register number RCS PARIS B 433 115 904, VAT number FR35433115904, reachable via its Internet site http//www.scaleway.com/ as well as by telephone at +33 (0) 184 130 042”, or by fax at +33 (0) 899 193 775 (€1.35 per call plus €0.34/min.)