GENERAL CONDITIONS HUBIC (YOUR HUB IN THE CLOUD) Latest version dated 07/02/2014 This Agreement is made between: - OVH SAS, a French-law company, electing domicile 2 rue ellermann !"#$$ %oubai& residence, listed on the Trade and 'ommerce %egister o( %oubai& at number )*2* +,# *#", represented by -r. /A)A, hereina(ter OVH, - and any natural person wishing to commit to one or more o( the ser0ices pro0ided by company OVH, hereina(ter the 'ustomer. 1n the e0ent o( a con(lict between the 'ustomer and the Supplier, the hubi' 2eneral 'onditions written in French shall pre0ail. 34F151T1O5S: Technical Assistance: The division tasked with advising the Customer on installation and use of the Service through the provision of technical advice or appropriate documentation as necessary. Customer: The natural or legal person and signatory of the OVH General and Special Conditions for all services procured from OVH, including free services. Documentation: OVH shall provide the Customer with a set of tools and documentation, accessile via the OVH !esite. Data: Computer files of any type pertaining to the Customer, which can e stored using the Service. Customer ID: The Customer "ccount for all services procured from OVH enaling access to the management interface. Software: "ll programmes, procedures, rules and documentation which relate to the functioning of the data processing system enaling access to the Service Service: #esignates the service provided y OVH against payment or free of charge, in accordance with the contract signed y the Customer. OVH Website: The wesite of the company OVH Synchronisation: The process of synchronising the local storage space $computer, phone, talet...% with the remote storage space $the Service%. 1611 SAS OVH, 2 rue ellermann 7 !"#$$ %oubai& 7 France SAS au capital de #$ $$$ $$$ 8 %'S /ille -9tropole *2* +,# *#" $$$*! 'ode A:4 ,2$2A 5; TVA : F% 22 *2* +,# *#" A%T1'/4 #: P!POS" The 'ustomer con(irms ha0ing 0eri(ied the compatibility o( the Ser0ice against their re<uirements, and ha0ing recei0ed (rom OVH all the in(ormation and ad0ice necessary to ma=ing an in(ormed decision to subscribe to the hubi' Ser0ice. The purpose o( this Agreement is de(ining the technical and (inancial conditions under which the 'ustomer is obligated to OVH. These 2eneral 'onditions o( Ser0ice, supplemented i( necessary by Special 'onditions and6or appendices proposed by OVH shall pre0ail o0er all other conditions, and especially those o( the 'ustomer, (or any order placed by the 'ustomer (or the ser0ices o( the company OVH. The Ser0ice o((ered by OVH (ree o( charge is also go0erned by these general terms and conditions. A%T1'/4 2: D"SC!IPTIO# O$ S"!VIC" hubi' is a dematerialised storage ser0ice which is accessible 0ia the internet using 0arious de0ices >:', mobile phones, tablet?@, through which the 'ustomer can share data within their pri0ate domain. 1t is hereby reminded that the Ser0ice is a remote storage space. The Ser0ice also (acilitates content publication by creating A%/ addresses that the 'ustomer can use to pro0ide access to their content. The Ser0ice is thus legally classi(ied as a public online communication ser0ice. The Ser0ice re<uires prior installation o( the So(tware, in order to access the (ull range o( (unctionalities de0eloped by OVH. The customer account must be created on the https:66www.hubic.com website. 1n this instance, they will be as=ed to create their customer account and to choose a password, a(ter downloading and installing the So(tware. Furthermore, the 'ustomer will recei0e an email re<uesting con(irmation o( their hubi' account acti0ation. The 'ustomer must clic= on the gi0en lin= within se0en >+@ days o( acti0ation, or OVH will proceed to suspend the Ser0ice and will e0entually delete the data. The 'ustomer will determine which (ree or paid ser0ice corresponds to their re<uirements, and they must pro0ide an email address that will be used to identi(y their hubi' Ser0ice. The Ser0ice is acti0ated (rom the time o( creating the 'ustomer Account, and the storage space is created automatically. For all subscriptions to paid 0ersions o( the Ser0ice, and (or security purposes, the 'ustomer will be as=ed to pay (or their purchase order on the www.o0h.(r website >e&cluding purchases in the iOS application@. Their ser0ice will be acti0ated once the payment has been accepted by OVH. The 'ustomer can proceed to the Synchronisation o( their content. This (eature re<uires the siBe o( the local storage space to be higher than that o( the remote storage space. Failing this, Synchronisation will not be able to ta=e place. The bandwidth is limited to #$ -bit6s upstream and downstream. The connection speed also depends on the <uality o( the 'ustomerCs internet connection. Trans(er, retrie0al and deletion o( data, in connection with use o( the Ser0ice, will be carried out directly by the 'ustomer using the So(tware. A%T1'/4 D: O%&I'ATIO#S O$ OVH 2 SAS OVH, 2 rue ellermann 7 !"#$$ %oubai& 7 France SAS with capital of €10,000,000 RCS Lille Métropole 424.761.419 00045 - APE Code 6202A - VAT N°: FR 22 424 761 419 OVH is committed to ta=ing all the care and diligence necessary to pro0iding a <uality Ser0ice, con(orming to the customary pro(essional practices and the state o( the art. OVH is only subEect to an obligation o( means. A%T1'/4 *: &IA%I&IT( O$ OVH OVH will not be held liable: 1( the e&ecution o( this Agreement, or the obligations o( OVH hereunder, is pre0ented, limited or disrupted as a result o( (ire, e&plosion, the (ailure o( transmission networ=s, the collapse o( installations, epidemics, earth<ua=es, (loods, power (ailure, war, embargoes, laws, inEunctions, go0ernment orders, stri=es, boycotts, the withdrawal o( the telecommunication operatorCs license, or any other circumstance beyond the reasonable control o( OVH >F40ent o( Force -aEeureF@, then subEect to a pro0iding the 'ustomer with prompt noti(ication, OVH will be e&empted (rom e&ecution o( its obligations within the limits o( any such impediment, limitation or disruption. /i=ewise, the 'ustomer will also be e&empted (rom the e&ecution o( their obligations inso(ar as the obligations are a((ected by the impediment, limitation or disruption, pro0ided that the a((ected party uses its best endea0ours to pre0ent or mitigate the cause. The party a((ected by an 40ent o( Force -aEeure shall =eep the other party duly in(ormed by email o( the e&pected duration o( this 40ent o( Force -aEeure. Ghere the e((ects o( an 40ent o( Force -aEeure continue (or more than D$ days a(ter the date o( the other party being in(ormed o( the said 40ent, this Agreement may be law(ully terminated by either party, without either being entitled to any indemnity. 1t may also be terminated due to misconduct on the part o( the 'ustomer, particularly in the (ollowing cases: • deterioration o( the So(tware, • improper use o( the Ser0ice by the 'ustomer or persons authorised to access to the 'ustomerCs storage space, (ault, negligence, omission or (ailure on their part, or (ailure to (ollow the ad0ice gi0en, • di0ulgation or unlaw(ul use o( the password created by the 'ustomer, • (ault, negligence or omission by a third party o0er whom OVH has no monitoring or super0isory powers, • a re<uest (or temporary or de(initi0e interruption o( the Ser0ice, made by a competent administrati0e or legal authority, or noti(ication by a third party bearer o( rights, • partial or total destruction o( the data transmitted or stored, resulting (rom errors directly or indirectly attributable to the 'ustomer. • partial or total non-compliance with an obligation and6or (ailure o( the networ= operators pro0iding access to the internet, especially the 'ustomerCs access pro0ider6s. The compensation due (rom OVH in the e0ent o( any Ser0ice (ailure resulting (rom a (ault attributable to OVH will correspond to the direct, personal and certain loss lin=ed to the (ailure in <uestion, with the e&press e&clusion o( any conse<uential damages, including in particular commercial loss, loss o( orders, damage to the brand image, any other commercial issue, loss o( pro(its or customers >(or e&le, inappropriate disclosure o( con(idential in(ormation due to de(ects or piracy o( the system, third party actions against the 'ustomer etc@. 1n any e0ent, the total damages and interest which may be claimed (rom OVH, where its liability is in0o=ed, will be limited to the total sums paid by the 'ustomer to OVH (or the period in <uestion or in0oiced to the 'ustomer by OVH, or to the total sum corresponding to the price o( the Ser0ice, (or that part o( the Ser0ice (or which the liability o( OVH has been in0o=ed. The lesser o( the a(orementioned sums will be considered. For (ree o((ers, that amount will automatically be limited to (i0e >$!@ 4uros inclusi0e o( ta&es. Any liability action brought by the 'ustomer against OVH must commence within #2 months o( the e0ent gi0ing rise to the damage. 5o actions may be brought against OVH a(ter that date. Ghere OVH is re<uired to ta=e any protecti0e measures re<uired (or managing its in(rastructure in connection with the Ser0ice, the 'ustomer is responsible (or ta=ing all the necessary measures to sa(eguard his data and the data o( the users authorised to access his storage space in case o( loss, alteration or deterioration o( the stored data (or whate0er reason, including any cause not e&pressly mentioned herein. /i=ewise, all costs incurred (or the reco0ery o( data shall be borne solely by the 'ustomer. OVH shall not be held liable (or any loss or deterioration o( the data o( 'ustomer or the users that 3611 SAS OVH, 2 rue ellermann 7 !"#$$ %oubai& 7 France SAS au capital de #$ $$$ $$$ 8 %'S /ille -9tropole *2* +,# *#" $$$*! 'ode A:4 ,2$2A 5; TVA : F% 22 *2* +,# *#" accesshis storage space. OVH bears no responsibility whatsoe0er (or the propagation o( the data stored by the 'ustomer or his authorised users. The 'ustomer recognises that no stipulation o( this Agreement will release him (rom the obligation to pay all amounts due to OVH (or the ser0ices rendered. OVH has no intention o( =nowing the nature o( the data stored by the 'ustomer, and in that sense OVH declines all liability regarding the type o( data that may be stored, trans(erred or e&changed through the Ser0ice. /i=ewise, OVH reser0es the right to 0eri(y the con(ormity o( the 'ustomerCs use o( the Ser0ice and in this conte&t may 0eri(y the type o( data trans(erred, stored or e&changed by the 'ustomer. Ander such circumstances, where OVH identi(ies inappropriate content, the 'ustomerHs Ser0ice will be immediately suspended and terminated in accordance with the law. The So(tware will be installed under the sole responsibility o( the 'ustomer. OVH guarantees that it has ta=en all the measures necessary to ensuring that the So(tware is compatible with the e<uipment, but can only in(orm the 'ustomer o( the ris=s relating to the installation o( a so(tware programme on his terminal. OVH reser0es the right to carry out maintenance wor=s on the hubi' in(rastructure. The 'ustomer ac=nowledges that the Ser0ice may be una0ailable (or the duration o( the maintenance wor=s. OVH will ma=e e0ery possible e((ort to limit the duration o( the wor=s and any disruption caused. /i=ewise, OVH reser0es the right right to impose any limitations intended to guarantee the sustainability o( the 1n(rastructure, including, but not limited to, bandwidth restrictions and interruption o( uploads and downloads. A%T1'/4 !: O%&I'ATIO#S A#D &IA%I&IT( O$ TH" CSTO)"! The 'ustomer underta=es to obtain the powers, authorities and capabilities necessary (or the conclusion and e&ecution o( the obligations stipulated herein. The 'ustomer underta=es to pro0ide OVH with his accurate and up-to-date personal in(ormation, and ban= details >(or paid ser0ices@ on creation o( the customer account. The 'ustomer is solely and wholly responsible (or the passwords needed to use the Ser0ice. OVH is released (rom all liability (or any illicit or (raudulent use o( the passwords generated by the 'ustomer. The pro0ision o( passwords is regarded as con(idential. The 'ustomer will solely be liable (or any suspected disclosure o( the passwords pro0ided, whether intentional or not, whereas OVH will be e&empt o( all liability. 1n the e0ent o( a re<uest (or change o( the password by the 'ustomer, OVH reser0es the right to charge (or this ser0ice on a time-spent basis. The 'ustomer will be solely liable (or the conse<uences o( any mal(unctioning o( the Ser0ice resulting (rom use by the 'ustomer ihimsel(, (riends and (amily members, or any person to whom the 'ustomer has supplied his password6s. /i=ewise, the 'ustomer shall be solely liable (or the conse<uences o( losing the abo0e mentioned password6s. The 'ustomer underta=es to comply with all the pro0isions o( laws and regulations in (orce, and in particular those relating to in(ormation technology, digital (iles, intellectual property and indi0idual (reedoms, as well as the rights o( the third parties >image copyright, the right to pri0acy etc.@, and will ensure in this regard that the data stored by the 'ustomer or authorised users complies with such pro0isions. The 'ustomer remains the sole proprietor o( the data and (iles trans(erred and6or stored using the Ser0ice. The 'ustomer is prohibited (rom trans(erring, storing, copying or sharing data without possessing the (ull rights or authorisation (rom the rights-holders. The 'ustomer is (ully liable (or any sharing o( the (iles stored on the Ser0ice. Furthermore, the 'ustomer underta=es not to share the data stored using the Ser0ice in a public communication (ramewor= outside o( his pri0ate domain. The 'ustomer is reminded that the Ser0ice is not intended to be used (or mass (ile e&change, and in that sense OVH may impose controls to 0eri(y that the 'ustomerCs is ma=ing correct use o( the Ser0ice. 4 SAS OVH, 2 rue ellermann 7 !"#$$ %oubai& 7 France SAS with capital of €10,000,000 RCS Lille Métropole 424.761.419 00045 - APE Code 6202A - VAT N°: FR 22 424 761 419 The 'ustomer is prohibited (rom using, storing and6or sharing any content that may 0iolate public order or standards o( decency, or any content which incites racial hatred or is denialist, re0isionist, 0iolent, obscene, de(amatory, or contains bestiality, paedophilia or pornography. The 'ustomer must guarantee that users gi0en access to his storage space will comply with the obligations stipulated herein. The 'ustomer underta=es to 0eri(y that (ile trans(ers carried out using the So(tware ha0e been completed success(ully. OVH is released (rom all responsibility (or any (ailure during the process o( trans(erring or uploading (iles to the 'ustomerHs storage space. The 'ustomer is responsible (or ta=ing all necessary precautions to 0eri(y that a trans(erred (ile has been stored correctly on the Ser0ice, and that it has not been compromised or altered. /i=ewise, the 'ustomer ac=nowledges that he may be re<uired to trans(er a (ile again in the e0ent o( the pre0ious trans(er ha0ing been interrupted. OVH cannot guarantee that (iles e&ceeding ! 2) will be deposited. 1n the e0ent o( needing to put a (ile o( this siBe online, OVH as=s the 'ustomer to contact the technical support team in order to (ind out the most e((ecti0e method o( carrying out this operation. The 'ustomer is reminded that using the Ser0ice 0ia mobile internet may incur charges (rom his mobile ser0ice pro0ider, and that the 'ustomer is responsible (or 0eri(ying this. OVH is released o( all responsibility in the e0ent o( the 'ustomerCs use o( the Ser0ice resulting in an in0oice being issued by another operator e&traneous to this Agreement. The 'ustomer also underta=es to ta=e out all the necessary insurance policies (rom a (irm o( reputable standing, in order to co0er any losses (or which he may be held liable in connection with this Agreement or its e&ecution. Failure by the 'ustomer to comply with the abo0e points, and particularly any acti0ity which may result in ci0il and6or criminal liability, will entitle OVH to disconnect and6or interrupt the Ser0ice immediately, without notice, and to terminate this Agreement immediately in accordance with the law, without preEudice to any (urther damages and interest to which it may be entitled. The 'ustomer is prohibited (rom using the Ser0ice (or commercial purposes, and is li=ewise committed to using the Ser0ice with due diligence. The Ser0ice is intended (or the general public, and is thus not intended (or pro(essional use. The 'ustomer underta=es to pay any sums claimed (rom OVH directly to the third party ma=ing the complaint. The 'ustomer also agrees to inter0ene, at the re<uest o( OVH, in any claim made against the latter and will indemni(y OVH in respect o( any orders made against it in connection with such a claim. 'onse<uently, the 'ustomer underta=es to ma=e it his personal business to deal with any claim and6or proceedings, o( any (orm or nature, brought against OVH and connected to the 'ustomerHs obligations under this Agreement. The 'ustomer underta=es to in(orm OVH o( any change to his situation within *I hours, and within 2* hours o( any potential loss o( passwords. The 'ustomer agrees to (ormulate any re<uests clearly in all communications with OVH, according to the rules o( usage. A%T1'/4 ,: P%&ICATIO# O$ CO#T"#T 1n order to bene(it (rom the content publishing (eature, the hubi' account must be acti0ated in accordance with the pro0isions o( Article 2 o( this Agreement. The 'ustomer will be then in0ited to enter his personal in(ormation in order to complete his 'ustomer 13. A(ter con(irmation o( this step, the 'ustomer may share the content o( his choice with (riends and (amily. The 'ustomer alone will determine the duration o( access to the said (iles and will assume total responsibility (or this publication. 5611 SAS OVH, 2 rue ellermann 7 !"#$$ %oubai& 7 France SAS au capital de #$ $$$ $$$ 8 %'S /ille -9tropole *2* +,# *#" $$$*! 'ode A:4 ,2$2A 5; TVA : F% 22 *2* +,# *#" /i=ewise, the 'ustomer is prohibited (rom publishing content without ha0ing (ull rights to do so and6or ha0ing authorisation (rom the rights-holders. OVH may suspend without notice any publication o( content which is the subEect o( a complaint or noti(ication, and li=ewise, i( it appears that the (iles made a0ailable pose a ris= in terms o( security >malicious (iles etc.@. The inde&ing o( the content published by the third party is strictly prohibited and OVH reser0es the right to ta=e any necessary technical or legal measure in order to put a stop to such acti0ity A%T1'/4 +: P"!SO#A& DATA OVH reminds the 'ustomer that OVH is re<uired to retain a set o( personal data in connection with the Ser0ice, in order to comply with regulatory and legal obligations. As such, in(ormation such as Fnames, surnames, postal addresses, email addresses, telephone numbers and connection 1: addressesF will be retained by OVH (or the duration o( the Agreement, and (or #2 months a(ter e&piration o( the Ser0ice. The data transmitted by the 'ustomer shall be retained (or the statutory period applicable to the pro0ision o( e0idence. OVH is prohibited (rom disclosing or reselling any personal data relating to the 'ustomer, subEect to any pro0isions to the contrary in the special conditions. Only the subsidiaries o( OVH will ha0e access to such in(ormation. The 'ustomer also ac=nowledges that OVH may be re<uired to disclose his details at the re<uest o( the administrati0e, regulatory or Eudicial authorities. 1n accordance with the French data protection law F1n(ormati<ue et /ibert9sF o( January ,th #"+I, the 'ustomer has the right to access and to correct the in(ormation held on him. He may e&ercise this right and obtain communication o( the in(ormation concerning him 0ia the email address: cilKo0h.net or by writing to the postal address: OVH SAS, 'orrespondant 1n(ormati<ues et /ibert9s, 2 rue ellermann, !"#$$ %oubai&, France. The 'ustomer underta=es to comply with all the legal and regulatory re<uirements relating to in(ormation technology, data processing and ci0il liberties, and in particular, to ma=e all the necessary pri0acy declarations re<uired by the French 3ata :rotection Authority >'ommission 5ationale de lC1n(ormati<ue et des /ibert9s 7 '.5.1./.@. 'onse<uently, the 'ustomer has the right to access, modi(y, recti(y or eliminate any data collected, by contacting OVH at: 2 rue ellermann 7 ): I$#!+ !"$!D %OA)A1L '434L #, F%A5'4. Furthermore, the 'ustomer is solely and e&clusi0ely responsible (or complying with all the regulations resulting (rom the 3ata :rocessing and 'i0il /iberties /aw. 1n this regard, as the controller o( in(ormation o( a personal nature which he is authorised to handle in connection with the Ser0ice, the 'ustomer agrees to ma=e all necessary applications to the '51/ and to ta=e all the appropriate measures to protect the in(ormation o( the persons concerned. A%T1'/4 I: S"C!IT( A#D CO#$ID"#TIA&IT( OVH underta=es to ta=e all re<uired measures to guarantee the security o( the 'ustomerCs in(ormation. The data is solely stored on ser0ers located on French territory. The 'ustomerCs connections to the Ser0ice will be encrypted through the SS/ >Secure Soc=ets /ayer@ protocol, regardless o( the nature o( the connection: View, trans(er, upload6download etc. OVH has ta=en all the technical measures necessary to preser0ing the con(identiality o( the 'ustomerCs in(ormation. The data stored on the Ser0ice is strictly segregated, so that it can solely be accessed by the rele0ant 'ustomer and ne0er by another 'ustomer o( the hubi' ser0ice. OVH shall ta=e all physical security measures aimed at pre0enting unauthorised physical access to the 1n(rastructures on which the 'ustomerCs data is stored. OVH underta=es not to inter0ene on the 'ustomerCs data, outside o( e&ercising the right to duplicate the content o( the storage space within the hubi' in(rastructure, (or the sole purpose o( guaranteeing the redundancy o( the Ser0ice in case o( any disruption. 6 SAS OVH, 2 rue ellermann 7 !"#$$ %oubai& 7 France SAS with capital of €10,000,000 RCS Lille Métropole 424.761.419 00045 - APE Code 6202A - VAT N°: FR 22 424 761 419 A%T1'/4 ": T"CH#ICA& ASSISTA#C" OVH will pro0ide the 'ustomer with technical assistance 0ia dedicated (orums a0ailable at https:66(orums.hubic.com. The 'ustomer can also re(er to the 3ocumentation relating to the Ser0ice. A%T1'/4 #$: "*"CTIO#+ TA!I$$ A#D PA()"#T ,-.,. Creation of the customer account To order any paid Ser0ice (rom OVH >e&cluding purchases made in the iOS application@, the 'ustomer must create a customer account, pro0iding accurate and up-to-date personal in(ormation and ban= details. ,-./ "0ecution of the or1er The Ser0ice will be made a0ailable a(ter OVH has acti0ated the customer account and within a ma&imum period o( + days (rom o( the purchase order being paid by the 'ustomer. :ayment is considered to ha0e been made when the amount payable (or the Ser0ice has been credited to the OVH account. A(ter that time, i( OVH has not pro0ided the Ser0ice, the 'ustomer may re<uest cancellation o( the transaction and reimbursement o( any sums already paid. ,-.2. Tariff The tari((s applicable to the 0arious ser0ices o((ered by OVH are a0ailable online at https:66www.hubic.com and upon re<uest (rom OVH, at the (ollowing address: OVH, SAS: 2 rue ellermann 7 ): I$#!+ !"$!D %OA)A1L '434L #. The ser0ices ordered will be described in the purchase orderM they are inclusi0e o( all ta&es unless otherwise stated and are payable in euros. OVH reser0es the right to 0ary the prices at any time, pro0ided that the 'ustomer is noti(ied by email or an online announcement made on the https:66www.hubic.com website one month in ad0ance, i( the new prices e&cluding ta& are less (a0ourable to the 'ustomer. 1n this instance, the 'ustomer will ha0e a period o( one month (rom the date o( noti(ication to terminate this Agreement without penalty. 1( the Agreement is not terminated, the 'ustomer will be deemed to ha0e accepted the new tari((s. :rice changes will apply to all contracts, and especially ongoing contracts. OVH reser0es the right to pass on the cost o( any new ta& or increase o( an e&isting ta& rate, without delay. The ser0ices pro0ided by OVH will be due and payable at the time o( ordering. The 'ustomer is solely responsible (or payment o( all sums due under the contract (or OVH Ser0ices. 1t is hereby e&pressly agreed that unless de(erment is re<uested in good time and speci(ically granted by OVH in writing, the partial or total non-payment o( any sum due under this Agreement by the due date will immediately result in the (ollowing, without prior noti(ication: - all o( the other sums due (rom the 'ustomer under the Agreement will become immediately payable, regardless o( the stipulated payment termsM - all ongoing ser0ices will be suspended, regardless o( their nature may be without preEudice to OVHCs right to terminate the AgreementM - it will not be possible to renew or subscribe to new ser0icesM - application o( interest at a rate e<ual to #.! times the legal rate o( interest in (orce in France. Any complaints regarding in0oicing or the nature o( the ser0ices must be e&pressed in writing and sent by email to the address on the https:66www.hubic.com website within one month o( the purchase order being issued. 7611 SAS OVH, 2 rue ellermann 7 !"#$$ %oubai& 7 France SAS au capital de #$ $$$ $$$ 8 %'S /ille -9tropole *2* +,# *#" $$$*! 'ode A:4 ,2$2A 5; TVA : F% 22 *2* +,# *#" 1n the e0ent o( costs being incurred by OVH, OVH will in(orm the 'ustomer and will pass on the rele0ant supporting e0idence and in0oice. The 'ustomer must then pay the amount due in euros. ,-.3. Payment :ayments must be made online by ban= card, at the time that this Agreement is concluded. ,-.4. Purchases via the iOS a55lication :ayments made using the iOS application will be carried out 0ia the userCs account on the e-commerce plat(orm. The 'ustomer underta=es to ma=e direct contact with the e-commerce plat(orm (or any <uestion or complaint in connection with these transactions. Acti0ation o( the paying account must be carried out within ,$ seconds. 1( acti0ation has not been carried out a(ter this time, it may be necessary to restart the hubi' application. 1( it does not (unction, a reboot o( the terminal may be necessary. ,-.6. Duration The Ser0ice is subscribed to inde(initely, and the 'ustomer can suspend or cancel his Ser0ice at any time by logging in to his account on the https:66www.hubic.com website. For (ree o((ers, the Ser0ice is subscribed to inde(initely, pro0ided that the 'ustomer regularly logs into the Ser0ice. 1( the 'ustomer does not log into the Ser0ice (or a prolonged period, he will be noti(ied by email that the Ser0ice will e&pire within thirty >D$@ days, and he will be in0ited to 0isit the https:66www.hubic.com website to reacti0ate it. 1( the Ser0ice is not 0alidated by the 'ustomer within (i(teen >#!@ days, it will be pro0isionally suspended, and permanently terminated a(ter a subse<uent #! day period. ,-.7. Savin8 a 5ayment metho1 The 'ustomer is able to sa0e his ban= card details in order to bene(it (rom automatic renewal o( the Ser0ice. The 'ustomer can manage, change and delete the sa0ed ban= card details by logging into the https:66www.hubic.com website. The 'ustomer cannot ha0e more than one acti0e ban= card in his management inter(ace. OVH does not ha0e access to the (ull ban= card number, only the payment ser0ice pro0ider has access to this in(ormation and underta=es to retain it according to the :'1-3SS >:ayment 'ard 1ndustry 3ata Security Standard@ norms. ,-.9. Service renewal The Ser0ice is automatically renewed (or a new one-month period pro0ided that the 'ustomer has sa0ed a 0alid payment method. Failing this, OVH will noti(y the 'ustomer by email >the 'ustomer is responsible (or =eeping the email address up-to-date@, o( the imminent e&piration o( his Ser0ice. OVH underta=es to pro0ide a minimum o( three email reminders prior to the e&piration o( the Ser0ice. 1( the 'ustomer (ails to renew the Ser0ice, the data will be deleted within thirty >D$@ days o( the e&piry date. The 'ustomer is there(ore responsible (or ta=ing all the necessary measures to ensure that his data and that o( his authorised users is retrie0ed. As part o( a paid o((er, any non-payment or irregularities, notably meaning incorrect or incomplete amounts, or payments lac=ing the re<uired re(erences, or made by any method or procedure not accepted by OVH will simply be disregarded and will result in OVH reEecting the re<uest (or subscription or renewal. A%T1'/4 ##: T"!)I#ATIO#+ &I)ITATIO# A#D SSP"#SIO# O$ TH" S"!VIC" ,,.,. The Agreement will be law(ully terminated on e&piry. 8 SAS OVH, 2 rue ellermann 7 !"#$$ %oubai& 7 France SAS with capital of €10,000,000 RCS Lille Métropole 424.761.419 00045 - APE Code 6202A - VAT N°: FR 22 424 761 419 ,,./. 4ither party may terminate this Agreement without indemnity where an 40ent o( Force -aEeure continues (or more than D$ days. ,,.2. The Agreement will be terminated by law without notice in the e0ent o( the 'ustomer (ailing to meet any essential obligation under this Agreement. ,,.3. 1n the e0ent o( termination prior to e&piry, the 'ustomer is (ree to re<uest deletion o( their Ser0ice, either by using the So(tware or the management inter(ace. The 'ustomer can also re<uest termination o( the Agreement simply by writing to OVH at: 2 rue ellermann ): I$#!+ !"$!D %OA)A1L '434L #, F%A5'4. The 'ustomer may not claim reimbursement (rom OVH (or any sums already paid. ,,.4. 1n all other cases o( (ailure by either party to meet his obligations to the other under the contract, not remedied within + days o( either an email being (orwarded by the plainti(( gi0ing noti(ication o( the (ailures in <uestion, or any other (orm o( 0alid noti(ication by the said party, the contract will be automatically terminated by law, without preEudice to any e0entual damages claimed (rom the party in breach. The date o( noti(ication o( the letter comprising the in(ringements in <uestion will be the date o( the postmar=, at the time o( the (irst presentation o( the letter. ,,.6. OVH reser0es the right to interrupt the 'ustomerCs Ser0ice i( it poses a threat to the security maintenance or the stability o( the OVH hosting plat(orm. As (ar as possible, OVH will in(orm the 'ustomer o( this in ad0ance. 1n case o( need, OVH reser0es the right to interrupt the Ser0ice to carry out a technical inter0ention, so as to impro0e its operation or to carry out any maintenance wor=s. A!TIC&" ,/: CO#DITIO#S O$ OP"!ATIO# The 'ustomer hereby recognises that (luctuations in bandwidth and contingencies a((ecting the access pro0ider are elements that could lead to discontinuity o( the ser0ices o((ered by the company OVH, and which lie outside its technical means. Furthermore, the Ser0ice will be automatically restricted, limited or suspended by OVH: • i( the 'ustomer appears to be using the Ser0ices pro0ided to him (or any acti0ity that does not comply with these 2eneral 'onditionsM • i( OVH recei0es noti(ication to this e((ect (rom a competent authority, administration, arbitration tribunal or court in accordance with applicable laws, or (rom a third party where it appears that the nature o( the acti0ity is illegal or o( a nature that may in0o=e the liability o( OVHM • i( the contact details listed in the 'ustomerCs account appear to be (alse, inaccurate or not up-to-date. A%T1'/4 #D: CSTO)"! I#$O!)ATIO# A#D CO#$O!)IT( O$ TH" S"!VIC" The 'ustomer con(irms ha0ing 0eri(ied the compatibility o( the Ser0ice against their re<uirements, and ha0ing recei0ed (rom OVH all the in(ormation and ad0ice necessary to ma=ing an in(ormed decision to sign this Agreement. OVH reser0es the right to monitor compliance with the conditions o( use o( the Ser0ice. A%T1'/4 #*: TO&"!A#C" 9611 SAS OVH, 2 rue ellermann 7 !"#$$ %oubai& 7 France SAS au capital de #$ $$$ $$$ 8 %'S /ille -9tropole *2* +,# *#" $$$*! 'ode A:4 ,2$2A 5; TVA : F% 22 *2* +,# *#" The (act that OVH does not in0o=e any o( these 2eneral 'onditions and6or tolerates a (ailure by the other party to meet any o( the obligations under these 2eneral 'onditions, at any gi0en time, may not be interpreted as OVH wai0ering the right to subse<uently insist on any o( the said conditions. A%T1'/4 #!: !I'HT TO CA#C"& The 'ustomer >deemed to be a consumer under the French 'onsumer 'ode@ hereby e&pressly accepts the immediate e&ecution o( the Ser0ice with e((ect (rom the 0alidation o( his order, and be(ore e&piration o( the legal #* day period and e&pressly wai0es his right to cancel. 'onse<uently and in accordance with the terms o( Article /.#2#-2#-I o( the French 'onsumer 'ode, the 'ustomer has no right to cancellation during the (irst subscription o( the Ser0ice, nor any renewals or subse<uent orders. 'ustomers that are deemed to be a consumer under the French 'onsumer 'ode are also e&cluded (rom e&ercising the right to cancellation. 1n the conte&t o( purchases made using the iOS application, the 'ustomer is in0ited to directly consult the conditions o( use that are speci(ic to this payment method at the e-commerce plat(orm. A%T1'/4 #,: A)"#D)"#TS The online 2eneral and Special 'onditions shall pre0ail o0er the printed 2eneral and Special 'onditions. The parties agree that OVH can law(ully modi(y the Ser0ice with no other (ormality than to in(orm the 'ustomer 0ia an online notice and6or to display the modi(ications in the online 2eneral 'onditions. Any amendment or introduction o( new subscription options will be published online at https:66www.hubic.com6 or will be sent to the 'ustomer by email. 1n such case, the 'ustomer may, in e&emption (rom Article #$, terminate the contract within thirty days o( these modi(ications entering into the (orce. A%T1'/4 #+: '"#"!A& P!OVISIO#S6 ,7., Severability 1( the e0ent o( any clause o( the Agreement (or ser0ices procured (rom OVH becoming in0alid and unen(orceable in application o( a law, regulation or decision with res Eudicata e((ect by a competent court, the remaining clauses hereo( shall remain in (ull (orce and e((ect. 1n such e0ent, the parties shall replace the in0alid pro0ision, to the e&tent permitted, with a 0alid pro0ision that is in =eeping with the spirit and purpose hereo(. ,7./ Hea1in8s The article headings set out herein are pro0ided solely (or ease o( re(erence, on the understanding that they do not ha0e any binding (orce or speci(ic meaning per se. ,7.2 S5ecial Con1itions an1 A55en1ices The Special 'onditions and, i( applicable, their Appendices are incorporated by re(erence into the OVH 2eneral 'onditions o( Ser0ice and are inseparable (rom the said 2eneral 'onditions. All these documents are herein re(erred to as the N2eneral 'onditionsO. All documents incorporated herein by re(erence can be consulted by the 'ustomer on the https:66www.hubic.com website. 1n addition, these documents are subEect to modi(ications and updates. ,7.3 Communications 10 SAS OVH, 2 rue ellermann 7 !"#$$ %oubai& 7 France SAS with capital of €10,000,000 RCS Lille Métropole 424.761.419 00045 - APE Code 6202A - VAT N°: FR 22 424 761 419 For any e&change o( in(ormation by email between the parties, the date and time o( the OVH ser0er will be applied. This in(ormation will be retained by OVH (or the entire duration o( the contractual relations. All noti(ications, communications and (ormal notices en0isaged by the 2eneral 'onditions will be considered to ha0e been deli0ered with legal e((ect i( they are sent by registered post with re<uest (or proo( o( receipt to: • For OVH: 2 rue ellermann 7 ): I$#!+ !"$!D %OA)A1L '434L # • For the 'ustomer: to the postal address and6or email address that he supplied to OVH A%T1'/4 #I: :!ISDICTIO# 1n the e0ent o( a dispute with a 'ustomer who is not deemed to be a consumer under the French 'onsumer 'ode, the Tribunal de 'ommerce de /ille -9tropole >'ommercial 'ourt o( /ille, France@, shall ha0e Eurisdiction, notwithstanding the plurality o( de(endants or in the e0ent o( a third party notice, including urgent and protecti0e measures, by summary application or by petition. A%T1'/4 #": 'OV"!#I#' &AW This Agreement is go0erned by French law. This applies to both substanti0e and procedural laws, at the e&clusion o( con(lict- o(-law rules under French law on the one hand, and the pro0isions o( French law that are contrary to this Agreement, on the other. 11611 SAS OVH, 2 rue ellermann 7 !"#$$ %oubai& 7 France SAS au capital de #$ $$$ $$$ 8 %'S /ille -9tropole *2* +,# *#" $$$*! 'ode A:4 ,2$2A 5; TVA : F% 22 *2* +,# *#"