These General Terms govern the use of the jsbcloud.com website and of the client area, and the sale of the services offered under the JSBCloud brand. They serve both as terms of sale and as terms of use.

By creating an account, using our services or placing an order, you accept these terms in full.

Two further documents form part of them and may be consulted online: the Fair Use Policy and the list of Prohibited Activities. The processing of your personal data is described in our Privacy Policy.

1. Identity of the seller and legal notices

The jsbcloud.com website and the JSBCloud services are published and operated by:

• ALTISCORE SAS, a simplified joint stock company (société par actions simplifiée) with a share capital of 105 euros
• Annecy trade and companies register (RCS Annecy): 933 804 676
• Intra-community VAT number: FR11933804676
• Registered office: 4A Avenue Auguste Renoir, 74960 Annecy, France
• Telephone: 09 72 19 05 99
• Publication director: Steven Martins
• Sales contact: [email protected]
• Technical support: [email protected]
• Complaints and disputes: [email protected]
• Reports of abuse and of illegal content: [email protected]
• Data protection: [email protected]

JSBCloud is a trademark of ALTISCORE SAS. The services are hosted on servers operated by ALTISCORE at the Equinix PA5 datacenter in Paris (France).

Host of the website. The jsbcloud.com website is hosted by ALTISCORE SAS, 4A Avenue Auguste Renoir, 74960 Annecy, France, telephone 09 72 19 05 99.

Point of contact. The point of contact for Clients, notifiers and authorities is [email protected] for general enquiries, [email protected] for reports of illegal content and [email protected] for complaints, judicial requisitions and orders. The languages accepted are French and English.

2. Purpose and scope

These terms set out the rights and obligations of ALTISCORE SAS, which operates the JSBCloud brand and is referred to below as "JSBCloud", and of any natural or legal person subscribing to a service, referred to below as "the Client", in connection with the supply of hosting services and related services.

They apply to any order placed on the website, in the client area or through a quotation, to the exclusion of any other terms, in particular the purchasing terms of the Client.

Any special arrangement accepted in writing by JSBCloud prevails over these terms for the contract concerned only.

3. Definitions

4. Acceptance of the terms and applicable versions

Validating an order requires express acceptance, through separate and mandatory tick boxes, of:

1. these General Terms and their schedules;
2. the Fair Use Policy;
3. the request for immediate performance of the Service before the end of the withdrawal period, on the conditions set out in article 19.

The list of Prohibited Activities forms an integral part of the contract by virtue of this article and of article 23. It may be consulted online in the same way as the documents above and does not call for a separate tick box.

The terms applicable to a contract are those published on the date of the order. Each contractual document carries a date of last update and JSBCloud keeps its version history.

The terms in force may be consulted at any time on the website. Amendments are governed by article 35.

5. Client area

To place an order, the Client creates a client area protected by a confidential username and password. The Client undertakes to:

• provide accurate, complete and up-to-date information, in particular their billing address and, where applicable, their intra-community VAT number;
• keep their credentials and the associated authentication methods confidential;
• inform JSBCloud without delay of any loss, theft or fraudulent use of their account;
• answer for any action carried out from their client area, and for the actions carried out on their Services by the persons they have authorised.

Two-factor authentication is available and strongly recommended.

Registration is open only to persons of full age and legal capacity. A minor may subscribe only under the responsibility of their legal representative, who is then solely liable for the sums due.

Delegated access. The Client may authorise a third party, by a personal invitation sent from their client area, to act on one or more of their Services. The authorised person acts from their own account, within the limits of the permissions granted, which may include viewing the credentials of the Service, requesting termination and settling an invoice. That person accepts these terms by accepting the invitation. The Client answers to JSBCloud for the actions of the person they have authorised as for their own, and may revoke the authorisation at any time from their client area. A delegated access account that remains unused is deleted after 30 days.

Repeated attempts to log in, to complete two-factor verification, to reset a password or to register, as well as automated scanning of the website, result in a temporary and automatic block of the IP address concerned, lasting longer the more insistent the attempts and possibly reaching several days. No permanent block is applied automatically.

6. Services offered

JSBCloud markets the following families of services:

• Virtual private servers (VPS), on Proxmox infrastructure
• Shared web hosting, with databases, FTP accounts, DNS zones and mailboxes depending on the plan
• Business mail, with webmail, domains, mailboxes and aliases depending on the plan
• Game servers and GameBox resource pools
• Domain names, sold on a yearly basis
• Options and additional services: automatic backup, snapshot slots, flexible pause, priority support, artificial intelligence assistants and the associated credit packs, website builder

The features, allocated resources, quotas and billing cycles offered are set out on the page of each plan. Those features form part of the contract.

The list of plans actually marketed is the one published on the website. A plan that does not appear there is not sold, whatever mentions may remain in other documents.

Shared and virtualised plans run on shared infrastructure. The resources announced are those allocated to the Service.

7. Order and formation of the contract

Plans are available within the limits of the availability displayed on the website. The remaining quantity is shown for plans whose stock is limited.

The ordering process comprises the following steps:

1. selection of the Service, of the billing cycle and of the options, then addition to the basket;
2. review and validation of the basket, showing the price including all taxes, the applicable tax and the price excluding tax;
3. acceptance of the contractual documents referred to in article 4;
4. payment, then confirmation.

The contract is formed when payment is received. A confirmation is sent by email and the invoice is made available in the client area.

A basket put together without being logged in is kept for 365 days by means of a cookie, then attached to the account on login.

If an ordered Service turns out to be unavailable after the order, the Client may request the supply of an equivalent Service or a refund of the sums paid. Refunds are handled by our teams on request addressed to support; there is no self-service refund procedure. The refund is made at the latest within 14 days of the request, through the means of payment used for the order. A service credit of the same amount may be offered to the Client, who remains free to decline it and obtain the refund.

8. Prices

Prices are expressed in euros. They are displayed including all taxes for a consumer Client, the display excluding tax remaining available through the switch provided on the website for professional Clients. The applicable tax is calculated and displayed before the order is validated, as well as on each invoice.

The price of a long cycle equals the monthly price multiplied by the number of months in the cycle, less the discount displayed for that cycle, except where a specific price is shown for that cycle on the page of the plan.

The cycles actually available vary from one plan to another and are displayed on its page. Domain names are sold on a yearly basis only.

A cycle is a period paid in advance. It carries no minimum term: nothing obliges the Client to renew on the due date.

The renewal price of a Service is the price frozen when it was subscribed to. Where no price has been frozen, the catalogue rate in force on the date the renewal invoice is issued applies. The rules governing rate changes are set out in article 35.

9. Value added tax

The applicable tax is determined at the time of the order, according to the status and the place of establishment of the Client:

An intra-community VAT number is checked against the VIES register. Where that register is momentarily unavailable, the number is recorded pending verification and the tax remains due until it is confirmed. A French business remains liable for French tax even where it holds a valid number.

The Client is responsible for the accuracy of the tax information they declare. Any tax due as a result of an inaccurate declaration is re-invoiced to them.

10. Discounts: promotional codes, referrals and influencer programme

Promotional codes. A promotional code carries a discount amount or percentage, a minimum order amount, a maximum number of uses and a validity period, and may be restricted to certain plans, categories or billing cycles. It is counted as used only when the corresponding invoice is actually paid.

No combination. A promotional code and a referral discount cannot be combined: the more advantageous of the two is applied, and where they are equal the referral discount prevails. The discount set aside is not consumed and remains available for a later order. An automatic promotion displayed on a plan is treated as a promotional code for the purposes of this rule. A discount granted under a partner programme applies in addition.

Referrals. The discount granted to the referred Client requires the minimum order amount of the programme to be reached. The commission due to the referrer is calculated on the amount excluding tax actually invoiced, after application of the discount retained.

Influencer programme. The reward is granted once per referred Client and for the whole lifetime of the account of that Client. It is calculated as a percentage of their first payment excluding tax and becomes available for withdrawal after a security period, subject to a minimum withdrawal amount. The rate, the security period, the minimum amount and the payment arrangements are set out in the Influencer Programme Terms, accepted on joining; the values in force on the date of joining apply. Top-ups of a prepaid balance generate no reward. A refund occurring during the security period cancels the corresponding reward.

11. Means of payment

All online payments are processed by our provider Stripe Payments Europe, Limited, certified PCI-DSS level 1. JSBCloud keeps no banking data in clear form: only opaque references issued by Stripe are stored.

The means of payment offered at the time of an order are those enabled with our provider and displayed on the payment screen. They may change and include in particular payment cards, electronic wallets, PayPal, SEPA direct debit and various local means of payment. The list displayed at the time of payment prevails.

Where an order relates to a subscription, only means of payment capable of being charged again later are offered, so as to allow the automatic renewal provided for in article 13. The one-off settlement of an invoice registers no means of payment.

Bank transfer. An invoice arising from a quotation is settled exclusively by bank transfer. It cannot be settled by card, by client balance or by prepaid balance.

SEPA direct debit. By the mandate signed when subscribing, the Client authorises JSBCloud to collect the sums due. The renewal invoice made available 15 days before the due date, which states the amount and the date of collection, serves as pre-notification. The parties agree a pre-notification period reduced to two business days for later collections under the same mandate.

Removing a means of payment. The Client may remove their means of payment at any time from their client area, including where they hold active Services or unpaid invoices. The consequence is that automatic charging will no longer succeed: invoices remain due and must then be settled manually, failing which the procedure in article 14 applies.

Sums wrongly collected. Any amount collected in error, in particular where the same invoice has been charged twice, is refunded on request addressed to support, through the original means of payment, or credited to the account of the Client if they prefer.

12. Payment deadlines and invoices

Payment is due when the order is placed.

A pro forma is issued before payment. The final invoice is drawn up once payment has been received, passed to accounting and made available in PDF format in the client area.

An unpaid renewal invoice is cancelled when the Client requests that the Service be stopped, whatever the date on which that invoice was issued. An invoice that has already been paid then gives rise to no refund, the corresponding period remaining acquired. Where JSBCloud terminates the Service for a breach by the Client, the unconsumed fraction of the period paid for is refunded pro rata on the conditions set out in article 18.

A renewal invoice contains one line for the base plan, one line per active option and, where applicable, a dedicated line for a paid operating system. Any available client balance and then, where applicable, any available prepaid balance are applied when the invoice is issued, on the conditions set out in article 15.

13. Automatic renewal and how to stop it

Automatic renewal is enabled by default on subscriptions and disabled by default on domain names.

By subscribing to a plan, the Client authorises JSBCloud to charge automatically, through Stripe, the amount due on each due date according to the cycle chosen, until renewal is stopped or the Service is terminated. The means of payment is kept securely for that purpose only.

The Client may at any time, from their client area, disable automatic renewal on a Service or remove their means of payment. In both cases:

• automatic charging stops;
• an invoice already issued remains due and must be settled manually;
• the payment default procedure described in article 14 continues to apply if the invoice is not settled.

Disabling automatic renewal does not amount to a termination request. To bring a Service to an end, the Client follows the procedure in article 17.

Information before tacit renewal. In accordance with article L215-1 of the French Consumer Code, JSBCloud sends a consumer Client a dedicated email, separate from the invoice, recalling the right not to renew the contract and containing the link allowing automatic renewal to be disabled. That email is sent at the earliest three months and at the latest one month before the due date for annual and biennial cycles, and at least fifteen days before the due date for quarterly and half-yearly cycles. Where that information is not sent, the consumer Client may end the contract free of charge, at any time from the renewal date, and the sums paid after that date are refunded to them within thirty days.

For domain names, expiry reminders are sent 30 days, 7 days and then 1 day before the due date. A domain name that is not renewed is lost under the rules of the registry concerned, which prevail over these terms.

14. Payment default, suspension and termination

Where a renewal invoice is not settled, the following procedure applies. D refers to the due date of the invoice.

Where the invoice is issued less than 15 days before the due date, in particular after the due date has been brought forward, the following milestones are shifted accordingly, the minimum notice periods set out below being guaranteed in any event.

Charging attempts are made at most once a day between those milestones. After a definitive refusal by the banking institution, the attempt scheduled for the following day does not take place until the means of payment has been changed.

Notice guarantees:

• suspension never occurs less than one day after the due date email is sent;
• termination never occurs less than two days after the suspension has taken effect.

Paying the invoice, at any milestone, stops the procedure immediately. Suspension is reversible: the infrastructure is switched off, no data is destroyed, and settlement of the invoice reactivates the Service and restarts the period. A payment received after termination and before destruction prevents that destruction.

Recovery of Client content. Until the destruction provided for at D plus 14, the Client may ask support to make available an archive of their data and content, in a usual format. That archive is free of charge for a consumer Client and cannot be made conditional on settlement of the invoice in progress; only chargeable assistance work may be. Once destruction has been carried out, the data can no longer be recovered, by anyone.

Services renewed manually. A Service invoiced manually generates no advance invoice and does not follow the schedule above. It benefits from a grace period of 3 days after the due date, after which it is suspended reversibly. Issuing an invoice or postponing the due date reactivates it.

Fixed-term Services. A Service with an announced end date, or whose plan is not renewable, comes to an end on that date with no invoice and no reminder. Its infrastructure is destroyed 48 hours later.

15. Client balance and prepaid balance

These balances are distinct and must not be confused.

Client balance. It corresponds to service credits granted by JSBCloud, in particular as a goodwill gesture, as compensation for a technical incident, as damages or as a credit following a change of plan. It is applied automatically to future invoices, before the prepaid balance, and cannot be used to top up a prepaid balance.

A service credit granted as a goodwill gesture is not refundable in cash. By contrast, a service credit that corresponds to a sum actually paid by the Client, in particular the difference arising from a downgrade, is refunded to them in cash on request, at the latest when their account is closed or when their last Service is terminated.

A service credit may carry a period of validity or be revoked in the event of fraud, of manifest error or of the cancellation of the transaction that gave rise to it. The Client is informed by email before the credit ceases to be usable.

Prepaid balance. It corresponds to sums paid in advance by the Client. Each top-up is between 5 and 500 euros including all taxes. Tax is included in the amount paid, it is not added. That balance is applied automatically to future invoices, after the client balance. The remainder not applied is refundable on request addressed to support, by bank transfer, up to the unconsumed remainder of each payment. That balance is never forfeited: it remains returnable to the Client, including after a termination for breach or an account ban, on the conditions set out in article 18, subject only to the set-off provided for there.

16. Changing a Service during a period

The options described below depend on the plan subscribed to and are offered in the client area where they are available.

Early renewal. The Client may extend an active Service by 15, 30, 60, 90, 180 or 365 days. The price is calculated pro rata to the monthly rate, less the discount of the tier chosen. Active options are invoiced pro rata for the same number of days, without the discount of the tier, which applies to the base plan only. The new period extends the previous one: days already paid for are never lost.

Changing the due date. The Client may choose a day of the month between 1 and 28 for an active Service. Where the gap with the current due date is at least 15 days, the Client pays that gap. Where the gap is less than 15 days, the Client pays 30 days plus that gap and the due date is moved to the following month. Options follow the same pro rata.

Examples: due date on the 20th, day chosen the 5th, a gap of 15 days, so the Client pays 15 days and the next due date falls on the 5th of the following month. Due date on the 20th, day chosen the 28th, a gap of 8 days, so the Client pays 38 days and the next due date falls on the 28th of the month after.

Changing plan. A change is possible towards a plan in the same category, offered on the same billing cycle, and as long as the due date has not passed. The pro rata equals the difference between the price of the new cycle and that of the old one, applied to the remaining days.

• Upgrade: the pro rata is invoiced and payable immediately. An additional amount below one euro excluding tax is not invoiced; the amount thus not invoiced is deducted from any credit due on a later downgrade.
• Downgrade or equal price: the difference gives rise to a service credit added to the client balance, usable on future invoices and refundable in cash on the conditions set out in article 15.

Options. Options subscribed to are invoiced in addition to the base plan, on the same cycle, and appear as separate lines on the renewal invoice.

Flexible pause. This paid option, subscribed to at the time of the initial order, opens a quota of pause days equal to 20 percent of the days in the cycle, that is 6 days for a monthly cycle, 18 for a quarterly cycle, 36 for a half-yearly cycle, 73 for an annual cycle and 146 for a biennial cycle. The Service resumes automatically at the latest one hour after the quota is exhausted, and the quota is reset at each new cycle. Time spent paused is not counted as unavailability.

17. Term of the contract and termination by the Client

The contract is entered into for the duration of the billing cycle chosen and renews for periods of the same length, unless terminated.

The Client may terminate a Service at any time from their client area, in either of two ways:

• Termination at the end of the current period. The Service remains usable until its due date, then comes to an end. Unpaid renewal invoices already issued for that Service are cancelled. As long as the end date has not been reached, the Client may reverse the request and the Service becomes active again.
• Immediate termination. The Service and the data it contains are destroyed at once. An explicit warning recalls those consequences before confirmation, which is given by entering the password of the account. It is irreversible: it is for the Client to recover their content before confirming.

In both cases, the termination being on the initiative of the Client, the period already paid for is not refunded. A termination decided by JSBCloud for a breach falls under article 18, which provides for the pro rata refund of the period not consumed.

Online termination. In accordance with article L215-1-1 of the French Consumer Code, an online termination feature is permanently available from the client area. A summary of the relevant information is shown to the Client before confirmation, and an acknowledgement stating the effective date is sent to them by email.

Until destruction, the Client may ask for an archive of their content to be made available on the conditions set out in article 14. After termination and destruction, the data can no longer be recovered and no copy can be provided.

18. Suspension and termination on the initiative of JSBCloud

In addition to the payment default dealt with in article 14, JSBCloud may suspend or terminate a Service in the following cases:

• failure to comply with these terms, with the Fair Use Policy or with the list of Prohibited Activities, under the procedure in article 23;
• harm or risk of harm to the integrity, security or proper operation of the infrastructure of JSBCloud or of third parties, in which case suspension may be immediate and without prior warning;
• manifestly illegal content, or an order from a competent administrative or judicial authority;
• fraud, identity theft or a means of payment used without authorisation.

A suspension ordered on those grounds is notified to the Client by email and by the opening of a ticket on their account, except where an order from an authority prevents it.

Account ban. JSBCloud may ban an account in the event of a serious or repeated breach. The Client is informed of the consequences, which are final: a ban entails the immediate termination of all active Services, the deletion of servers and hosting plans, the release of the IP addresses allocated, the cancellation of payment subscriptions and the invalidation of current sessions. Lifting a ban at a later date restores access to the account but does not restore the Services or the data, which are permanently lost. A ban does not prevent the return of the personal data and of the content of the Client, who may ask support for an archive within the period set out in article 14. Nor does it prevent the restitutions set out below: the unconsumed fraction of the periods paid in advance, the prepaid balance and the credits purchased and not consumed are returned on the conditions set out in the paragraph "Sums held on the account in the event of termination for breach", subject to the fees applied on the conditions set out in the paragraph "Abuse handling fees and set-off".

Statement of reasons. Any suspension, termination or ban decided by JSBCloud gives rise to a notification stating the measure taken and its scope, the facts established, the contractual or legal basis relied on, any use of automated processing, and the means of redress open to the Client, including judicial redress. The Client may challenge the measure by ticket or at [email protected]. JSBCloud replies within 15 days.

Sums held on the account in the event of termination for breach. The fraction of the price paid in advance that corresponds to the period not consumed is refunded to the Client pro rata, counted in days from the effective date of the termination. The only exception is the set-off of abuse handling fees, on the conditions and within the limits set out in the paragraph below; compensation for any separate loss remains subject to the general law and cannot give rise to any unilateral withholding. The prepaid balance and the credits purchased and not consumed, in particular the assistance credit packs, are refunded to the Client; none of those sums is forfeited. Service credits granted as a goodwill gesture are cancelled; service credits corresponding to compensation for an incident already acknowledged, or to a sum paid by the Client, remain theirs and are refunded to them in cash on the conditions set out in article 15. The refund is made within 30 days of the effective date of the termination, through the means of payment used for the order or, where that means is no longer available, by bank transfer to the bank details provided by the Client. Only the sums still owed to JSBCloud for the Services actually supplied up to that date and, where applicable, the abuse handling fees on the conditions set out in the paragraph below are deducted. Any challenge to that calculation is to be sent to [email protected], which replies within 15 days.

Abuse handling fees and set-off. Where a breach by the Client of article 23 or of the list of Prohibited Activities requires JSBCloud to open and handle an abuse file, the cost of handling it is borne by the Client. Those fees are the ones actually incurred, to the exclusion of any flat rate and of any penalty: the time spent by our teams, the external costs incurred in establishing the breach or bringing it to an end, and the fees claimed by a third party as a result of that breach, in particular by a network provider or a reputation body. The time spent is valued at the hourly rate of seventy euros (70 euros) excluding tax per hour, that is eighty-four euros (84 euros) including all taxes at the standard French rate of 20 percent, that amount including all taxes being the one applied to a consumer Client resident in France. Where the consumer Client is resident in another Member State of the European Union, the tax of their country of residence applies and the amount including all taxes varies accordingly, without the cap set out below ever being exceeded. It is counted in units of fifteen minutes, each unit started being due. That rate is the one published in these terms, to the exclusion of any other; the rate applicable to a file is the one in the version in force on the date it is opened. The fees are justified by a detailed statement, item by item, showing the time counted and the rate applied, given to the Client by email and on their ticket.

Those fees are applied by way of set-off against the sums that JSBCloud has to return to the Client, in the following order: the unconsumed fraction of the period paid in advance, then the prepaid balance, then the credits purchased and not consumed. The set-off takes place only after the statement has been given and a period of fifteen days has expired during which the Client may challenge it at [email protected]. Where there is a challenge, it takes place only once that challenge has been settled, the claim having to be certain, liquidated and due within the meaning of article 1347-1 of the French Civil Code (Code civil); JSBCloud replies to the challenge within 15 days. Making available the archive provided for in article 14 is never conditional on payment of those fees.

Where the fees justified exceed the sums to be returned, the balance is the subject of an ordinary invoice, payable within 7 days of issue on the conditions set out in article 12. No other withholding is made.

For a consumer Client, the total amount set off or invoiced on that basis may not exceed 150 euros including all taxes per file, whatever the burden actually borne by JSBCloud. For a professional Client, the actual fees are due with no cap; they are expressed excluding tax, the applicable tax being added on the conditions set out in article 9.

Reciprocity. Where JSBCloud seriously fails to comply with its own contractual obligations and that failure requires the Client to incur costs, the Client is entitled to equivalent compensation, subject to the same rules: costs actually incurred, a detailed statement given to JSBCloud, a period of fifteen days in which to challenge it, set-off against the sums owed to JSBCloud and then, for the remainder, payment by JSBCloud within the same time limits. This paragraph applies without prejudice to the compensation provided for in article 25 and limits none of the rights that a consumer Client holds under the law, in particular compensation for the loss actually suffered under the general law.

19. Right of withdrawal

A consumer Client has a period of 14 days in which to exercise their right of withdrawal, in accordance with article L221-18 of the French Consumer Code (Code de la consommation).

Immediate performance. Our Services are brought into service automatically as soon as payment is received, generally within a few minutes. By ticking the box provided for in article 4, the consumer Client:

• expressly requests performance of the contract before the end of the withdrawal period;
• acknowledges that, if they then withdraw, they remain liable for an amount proportionate to the service already supplied, in accordance with article L221-25 of the French Consumer Code.

That amount is calculated by taking the number of days elapsed between provisioning and the communication of the decision to withdraw, over the number of days in the billing cycle paid for. The balance is refunded to the Client.

The right is retained. Requesting immediate performance does not amount to waiving the right of withdrawal. The consumer Client keeps that right for the 14 days following the conclusion of the contract. They lose it only in the case, provided for in article L221-28 of the same code, of a service fully performed before the end of that period, which is never the case for a subscription whose cycle continues beyond 14 days.

Exercising the right of withdrawal. The right is exercised without having to give reasons, by an unambiguous statement sent to [email protected]. The model form appears in schedule 1 to these terms; its use is optional. The refund is made within 14 days of receipt of the request, through the same means of payment as that used for the order, less the proportionate amount referred to above.

The right of withdrawal does not apply to professional Clients subscribing for the purposes of their business activity, subject to the provisions applicable to professionals with five staff or fewer where the contract falls outside the scope of their main activity.

20. Provisioning

Provisioning is automatic and starts as soon as payment is received. No human intervention is involved in the normal course of events.

Usual technical times are counted in minutes. By way of indication, delivery is attempted up to three times, with maximum durations per attempt of 10 minutes for a virtual private server, a web hosting plan or a mail plan, and 5 minutes for a game server. The registration of a domain name also depends on the registry concerned.

The Client receives the connection details and the instructions for use by email and in their client area.

Provisioning failure. A Service that remains stuck beyond those durations is detected automatically, reported to our teams and put back in the delivery queue. A uniqueness mechanism prevents any double delivery and any double invoicing. If delivery definitively fails, the Client obtains a refund of the sums paid, at the latest within 14 days of the request and through the means of payment used for the order. A service credit of the same amount may be offered to them, which they remain free to decline. Any difficulty observed at provisioning must be reported to support as soon as possible.

21. Obligations of the Client

The Client undertakes to:

• use the Services in accordance with these terms, with the Fair Use Policy, with the list of Prohibited Activities and with applicable law;
• carry out the administration, configuration and securing of the Services under their control, in particular updating the systems and applications they install, managing their passwords and configuring their firewall;
• not infringe the rights of third parties, nor the integrity, security or availability of the infrastructure of JSBCloud or of third parties;
• answer for the content they host, publish or transmit, and for the use of the IP addresses allocated to them;
• keep their own technical logs, JSBCloud carrying out no monitoring of the content of the machines of its Clients and keeping no application log on their behalf;
• keep their billing details and their email address up to date, that address being the contractual notification channel;
• pay the sums due on the agreed dates.

The Client remains the owner of the content they host. They grant JSBCloud a non-exclusive licence, limited to the term of the contract and to what is strictly necessary for the performance of the Service, in particular the storage, technical copying and transmission of that content.

The technical access available to the staff of JSBCloud, which is necessary for operation, maintenance and troubleshooting, is used only at the request of the Client, for maintenance work, or further to a requisition from a competent authority. It is logged.

22. Fair use of resources

The Fair Use Policy forms an integral part of the contract. The rules below summarise its main points, the full policy prevailing for the detail.

Bandwidth of virtual private servers. Each plan states on its page the bandwidth included and, where applicable, the monthly traffic volume included, together with the reduced bandwidth applicable if that volume is exceeded.

• The counting period is a rolling window of 30 days, independent of the billing cycle, whose starting point is shown on the page of the Service. A quarterly subscription therefore spans three successive windows, each with its own volume.
• Consumption is read every hour. When the included volume is exceeded, the bandwidth is automatically brought down to the reduced bandwidth stated on the page of the plan, at the latest at the reading following the crossing of the threshold, and until the end of the current 30-day period. That throttling is applied without prior notice.
• No overage charge is applied and no Service is suspended on that ground.
• Nominal bandwidth is restored automatically at the start of the following period, with no step required from the Client.
• Consumption is counted by JSBCloud. Reinstalling the operating system does not reset the counter.
• Where the page of the plan states no monthly volume, no volume cap is applied and the nominal bandwidth is never reduced.

The Client can follow their consumption at any time from the page of their Service: volume consumed, volume included, percentage reached, start and end of the period, throttling status.

Other resources. The processor, the memory and the other shared resources are subject to no measurement and to no automatic throttling. JSBCloud may act on a Service whose behaviour degrades the operation of other Clients; such an intervention is decided by a person, after a finding of fact, and after discussion with the Client except in a clear emergency.

Plan quotas. Web hosting and mail plans include firm quotas stated on their page and enforced technically: number of websites, disk space, databases, FTP accounts, DNS zones, subdomains, scheduled tasks, domains, mailboxes, aliases and space per mailbox. The scheduled tasks of a web hosting plan are limited to calling an HTTP address on the website of the Client, with a minimum interval of one minute between two executions; running system commands is not offered. A message sent from the webmail may not exceed 25 MB, attachments included.

Artificial intelligence assistance credits. The credits included in a plan are topped back up on the first day of each month, and not on the anniversary date of the Service. Unused monthly credits do not carry over. Credits bought in a pack do not expire. An action already under way may bring the balance down to minus 10 credits, that advance being deducted from the following allocation; no new action can be started with a nil or negative balance. Each request is capped in cost and in length, those caps being stated in the interface. Those assistants are supplied as an additional feature, with no guarantee of availability, and may be limited or temporarily suspended, in particular where the model provider is unavailable. Their use requires separate consent, which can be withdrawn at any time from the client area and is asked for again at each new version of the terms of use of those assistants; without that consent, the feature is not available. The exchanges are kept and may be reviewed by the teams of JSBCloud for quality and security purposes, on the conditions set out in the Privacy Policy.

Rate of technical actions. Actions that can be repeated from the client area, such as reinstalling, changing game, creating or deleting servers in a pool, adding ports and taking backups, are rate limited in order to protect the shared infrastructure. Those limits are stated by the interface at the time of refusal and lift by themselves after a few minutes.

23. Prohibited Activities, abuse reports and sanctions

The Client is solely responsible for the use of their Services and of the IP addresses allocated to them. They undertake not to use them for the activities listed in the Prohibited Activities document, which forms an integral part of the contract.

How breaches come to light. Such breaches come to light through reports, in particular a complaint, a report by a third party, an alert from a reputation body or from our network provider, a claim by a rights holder, or during a technical intervention. JSBCloud carries out no automatic analysis of the content of the servers of its Clients and is under no general obligation to monitor.

Graduated procedure. Where abuse is established, the following procedure applies, the count being kept per Service:

Several reports received for the same IP address within the same period of 24 hours are counted as one.

Response by the Client. The Client has 7 days to respond to the ticket opened at the time of the suspension and to provide any useful information; that ticket is not subject to the automatic closing provided for in article 27. The decision taken at the end of that review is communicated to them through the same channel, with its reasons and the means of redress set out in article 18. The Service is reactivated once the breach has ceased and the Client has responded to the ticket; a refusal to reactivate is reasoned. Where termination is decided at the end of that review, the sums held on the account are returned on the conditions set out in article 18, the unconsumed fraction of the period paid for being refunded pro rata. The fees actually incurred in handling the file may be set off against those sums, on the conditions and within the limits set out in the paragraph "Abuse handling fees and set-off" of article 18.

Effect of reactivation on the count. The reactivation of a Service does not reset the report counter: the next report is counted as the fourth and therefore falls within the review described above. By contrast, the closing of an abuse file by our teams, where the report proves unfounded or the breach has been put right, resets the count to zero. Reports more than 12 months old are no longer counted.

Immediate measures. JSBCloud reserves the right to suspend or terminate a Service immediately, without going through those stages, in the event of harm to the integrity or security of its infrastructure or of that of third parties, of manifestly illegal content, or of an order from a competent authority.

Evidence. JSBCloud keeps a timestamped record of the reports received, of the warnings sent and of the measures taken, for evidential purposes.

Network port policy. JSBCloud blocks no port at network level, port 25 included. Ports are simply closed by default by the firewall of the system delivered. The Client is free to open them and is solely responsible for the ports they open and for the use made of them. Use of port 25 exposes the IP address allocated to blacklisting in particular, the consequences of which fall on the Client.

24. Reporting illegal content and requests from authorities

Reporting abuse or illegal content. Anyone may report illegal content or illegal activity hosted on our infrastructure by writing to [email protected]. To be handled, a report must include:

• the identity and contact details of the notifier;
• the precise address of the content or the IP address concerned;
• a description of the facts;
• the legal grounds on which the content should be removed;
• a statement by the notifier confirming their bona fide belief that the information and allegations contained in the report are accurate and complete;
• the date of the report.

JSBCloud acknowledges receipt of the report and informs the notifier of the action taken, stating the means of redress open against the decision made.

Public and judicial authorities. Judicial requisitions, administrative requests and removal orders should be sent to [email protected], in French or in English. They are handled as a priority and carried out within the shortest legal time limit.

Informing the authorities. In accordance with its obligations as a host, JSBCloud passes on without delay to the competent public authorities any report of manifestly illegal activity brought to its attention, and keeps a record of it.

Resources devoted to this. The fight against illegal content rests on the receipt of reports from our network provider and from reputation bodies, on the public reporting address above, on the handling of each case by our teams, and on the technical suspension capabilities available to us across all our hosting platforms. Attachments uploaded to support tickets are scanned by antivirus software. Apart from that check, JSBCloud operates no automated analysis of the content hosted.

25. Availability, maintenance and compensation

What JSBCloud measures and publishes. A public status page shows the state of each infrastructure component. Measurements are taken from several independent external observation points, at the rate of one reading per minute per point. A component is declared unavailable only where all the active observation points record failure over 3 consecutive readings; the return to normal is recorded after 2 healthy readings. An interruption of less than about three minutes is therefore not counted. The published rates are shown over 90 days. Detailed readings are kept for 14 days and aggregated daily rates for 95 days.

Those rates relate to infrastructure components and not to the individual Service of a Client. To date, availability is not measured or reported per Service.

No committed figure. JSBCloud makes no contractual commitment to a figure for availability per Service. We implement the resources needed for the continuity of the Services, without guaranteeing uninterrupted operation. No figure published on the website for information purposes constitutes a contractual commitment.

Exclusions. The following do not constitute unavailability attributable to JSBCloud: announced maintenance, interventions requested by the Client, shutdowns, restarts, reinstallations, operating system installations, reverting to a snapshot, backup restorations, the daily shutdown connected with the automatic backup option described in article 26, suspension for payment default or for breach, flexible pause, changes of plan, failures of the equipment or software of the Client, and events of force majeure.

Maintenance. Any scheduled maintenance is announced at least 48 hours in advance on the status page. Emergency work made necessary by a security incident or a hardware failure is announced as soon as possible and may start without notice.

Claims. Any claim relating to unavailability is to be made by ticket, preferably within 90 days of the incident, the period during which the daily rates remain available, detailed readings being kept for 14 days only. That period is not a time bar: it does not prevent the Client from exercising their legal rights within the applicable limitation periods.

Form of compensation. Any request for compensation is reviewed within 15 days. Compensation is calculated pro rata to the period of unavailability established on the Service concerned, against the price of the current period. The decision is reasoned and may be challenged by complaint and then, for a consumer Client, through the mediation provided for in article 37. Compensation takes the form of a service credit applied to a later invoice; that form is an arrangement offered, which the Client remains free to decline. The Client keeps in any event the right to claim compensation for the loss actually suffered, under the general law.

The only automatic compensation that exists. Exceeding the first response time of the Priority Support option gives rise to an offer of credit, on the conditions set out in article 27.

26. Client data and backups

Principle. Backing up the data hosted is the responsibility of the Client. No plan includes a backup by default. It is for the Client to put their own backup solutions in place and to check that they restore.

Commitment. JSBCloud undertakes to run the backup at the frequency subscribed to and to keep the number of archives provided for by the plan. If an archive proves unusable through the fault of JSBCloud, the Client obtains a refund of the last twelve months of the option together with the assistance of the teams of JSBCloud in rebuilding their data.

Location of the archives. The backup archives of virtual private servers are kept on the same infrastructure as the machine backed up. They are subject to no off-site replication. They therefore provide no protection against the loss of the hosting site.

Backup failure. A backup failure is logged by JSBCloud. It gives rise to no further attempt the same day: the next automatic run takes place the following day.

Snapshots. The number of snapshot slots depends on the plan. Where that number is zero, the feature is not available. Reverting to a snapshot stops the machine for the duration of the operation.

Return of content. Before destruction, the Client may ask for an archive of their content to be made available on the conditions set out in article 14.

Destruction of the data. After termination and once the time limits set out in articles 14 and 17 have run, the data of the Service is permanently destroyed and can no longer be recovered.

27. Support

The first response time of standard support is an announced target, with no contractual commitment and no compensation.

For Priority Support, the count is paused as soon as the ticket is waiting for a response from the Client and resumes when they reply, the deadline being moved back accordingly. Where the 4-hour target is exceeded, an offer of a service credit equal to the monthly price of the option is made to the Client on the ticket. That offer is limited to one credit per billing cycle of the option. Accepting it does not bring the option to an end, which continues until its due date. The Client remains free to decline the credit and to claim compensation for the loss actually suffered, under the general law.

Automatic closing of tickets. A ticket waiting for a response from the Client is closed automatically after a period of inactivity, currently set at 72 hours, a reminder being sent 24 hours before closing. Any ticket with no message for 14 days is closed whatever its status. Closing a ticket does not prevent a new ticket being opened on the same subject.

The JSBCloud Discord server is an informal community channel. It is not a contractual support channel: only tickets in the client area and the address [email protected] constitute a request to support.

28. Liability

Nature of the obligation. JSBCloud is bound by an obligation of means (obligation de moyens) in supplying the Services. It exercises reasonable care to ensure their continuity and their security, within the limits of article 25.

Role as host. JSBCloud exercises no control over the content hosted, transmitted or stored by its Clients and is under no general obligation to monitor. It can be held liable for that content only on the conditions laid down by law, in particular where it has not acted promptly after becoming aware of the manifestly illegal nature of that content.

Liability of the Client. The Client is responsible for the content they host, for the processing they carry out, for the configuration and securing of their Services, and for any damage caused to third parties by their use.

A professional Client indemnifies JSBCloud against third-party claims arising directly from the content they host or from the use of the IP addresses allocated to them. JSBCloud notifies them of the claim within a reasonable time and the Client may take part in its defence. A consumer Client answers for damage caused to third parties under the general law, with no contractual indemnity owed to JSBCloud.

Exclusions and cap applicable to a professional Client. The two paragraphs below apply to a professional Client only.

JSBCloud is not liable for:

• indirect damage, in particular loss of turnover, of customers, of profit, of business or of reputation;
• the consequences of a fault, negligence or breach by the Client, in particular the absence of backups, the disclosure of their credentials, the installation of vulnerable software or a faulty configuration;
• malfunctions of telecommunication networks and of the public internet, over which it has no control, total security of transmissions not being capable of being guaranteed on those networks;
• the acts of a third party, including a computer attack carried out against the Client;
• the events of force majeure defined in article 31.

Except in the event of gross or wilful misconduct, and except in the event of personal injury, the liability of JSBCloud in respect of a Service, for all causes and all heads of loss taken together, is capped at the amount excluding tax actually paid by the Client for that Service over the twelve months preceding the triggering event.

Consumer Client. Neither that cap nor those exclusions may be relied on against a consumer Client. A consumer Client is compensated for their loss under the general law and under the legal guarantee of conformity referred to in article 36.

Network protection. The hosting infrastructure benefits from network level protection. JSBCloud makes no commitment as to absorption capacity or to continuity of the Service in the event of an attack, and reserves the right to take an attacked IP address offline in order to preserve the integrity of the infrastructure and the continuity of service for other Clients.

No provision of these terms has the effect of setting aside the rights that the law gives to a consumer Client, or of limiting the liability of JSBCloud in cases where the law prohibits it.

29. Intellectual property

All the elements of the website and of the client area, in particular the texts, images, interfaces, databases, and the JSBCloud and ALTISCORE trademarks and logos, are protected by intellectual property law and remain the property of ALTISCORE SAS or of its licensors. Any reproduction, representation, modification or exploitation, in whole or in part, without prior written authorisation, is prohibited.

The Client retains full ownership of the content, data, software and developments they host. The licence granted to JSBCloud is the one described in article 21.

Third-party software made available as part of the Services, in particular operating systems, management panels and application images, remains subject to the licences of its respective publishers, which the Client undertakes to comply with.

30. Subcontracting and providers

JSBCloud reserves the right to use providers and subcontractors for the performance of all or part of the Services. It remains responsible to the Client for their performance.

Those involved include in particular a payment provider, an invoicing and accounting provider, a datacenter operator and a network transit provider, as well as artificial intelligence providers for the assistance features only. The list of subcontractors processing personal data, their role and their location appear in the Privacy Policy.

31. Force majeure

Neither party may be held liable for a failure to perform its obligations resulting from an event of force majeure within the meaning of article 1218 of the French Civil Code (Code civil) and of French case law.

The following are regarded as such, provided they display the characteristics of force majeure: natural disasters, fires, floods, epidemics, wars, acts of terrorism, riots, decisions of public authorities, general strikes, prolonged power or network outages at operators, and major failures of infrastructure suppliers.

The affected party informs the other as soon as possible. If the impediment lasts more than 30 days, either party may terminate the contract by written notice, without compensation, the sums corresponding to the periods not performed being returned to the Client.

32. Personal data

The processing of the personal data of the Client is described in detail in our Privacy Policy, which sets out the purposes, the legal bases, the retention periods, the recipients and the way in which the rights of access, rectification, erasure, restriction, objection and portability are exercised.

Any request relating to personal data may be sent to [email protected].

These terms do not duplicate those rules and refer to them.

Processing of the hosted data. Where the Client hosts or processes personal data by means of a Service, the Client is the controller of that data and JSBCloud acts as processor. The obligations of the parties in that respect are set out in schedule 2, which constitutes the data processing agreement required by article 28 of Regulation (EU) 2016/679.

Traceability of logins. JSBCloud keeps a history of the IP addresses used to log in to the client area. That history covers logins to the client area only: it does not cover connections to the hosted Services themselves, in particular SSH, FTP, webmail or management panel access, the logging of which is a matter for the Client.

33. Account deletion and retention

The Client may request the deletion of their account from their client area, provided that there remains:

• no active or suspended Service;
• no unpaid invoice;
• no unused prepaid balance, which must first be used or refunded on request.

The deletion takes effect at the end of a cooling-off period of 30 days, during which the Client may cancel it.

Deletion on the initiative of JSBCloud. An account with no Service in progress and no login for 3 months is archived, then permanently deleted 6 months after archiving. An account that has remained without a Service, an invoice or a ticket is deleted at the end of a period of 6 months. The Client is warned by email, at the address shown on their account, before archiving and again before permanent deletion.

The main retention periods applied are as follows:

The detail appears in the Privacy Policy, which prevails over this table.

34. External links

The website and the client area may contain links to third-party websites. JSBCloud exercises no control over their content and disclaims all liability in their regard. They are consulted under the sole responsibility of the user.

35. Changes to the terms and to the rates

Terms. JSBCloud may amend these terms. Each amendment gives rise to a new dated version, whose history is kept. Any substantial amendment is notified to Clients by email at least 30 days before it takes effect. The terms applicable to a contract in progress are those in force on the date of the order; the terms applicable to a renewal are those in force on the date of that renewal.

A Client who does not accept a substantial amendment may terminate the Service concerned, free of charge, up to the date on which the new version takes effect. Failing termination, the new version applies at the next renewal.

Rates. The price is firm for the period paid in advance. A rate change applicable to a renewal is notified by email at least 30 days before it applies. The same applies to any change to the renewal price of a particular Service. The Client may then disable automatic renewal or terminate the Service, free of charge, before the renewal invoice is issued.

JSBCloud may have to adjust its rates in the event of an increase in infrastructure, energy or licence costs, subject to the notice period set out above.

36. Legal guarantees

The Services supplied by JSBCloud are digital services. A consumer Client therefore benefits from the legal guarantee of conformity for digital content and digital services provided for in articles L224-25-1 and following of the French Consumer Code.

The Service must be in conformity throughout the whole period during which it is supplied. Over that same period, it is for JSBCloud to prove that the Service is in conformity.

Where the Service is not in conformity, the consumer Client may require it to be brought into conformity. Where that is impossible, delayed or causes them major inconvenience, they may obtain a reduction of the price or the rescission of the contract, with a refund of the sums paid in respect of the non-conforming period. The way in which that guarantee is implemented is set out in articles L224-25-1 and following of the French Consumer Code.

That guarantee applies independently of any commercial guarantee granted.

37. Complaints, mediation and disputes

Prior complaint. Any complaint must be sent first to [email protected], with the information needed to identify the Service and the facts concerned. JSBCloud endeavours to respond within 15 days.

Consumer mediation. In accordance with articles L612-1 and following of the French Consumer Code, a consumer Client has the right to refer a dispute with JSBCloud free of charge to a consumer mediator (médiateur de la consommation) with a view to settling it amicably. That step requires the prior complaint provided for above, sent to [email protected] and left without a solution satisfactory to the Client.

Competent mediator. JSBCloud has joined the consumer mediator CM2C, which is listed by the French commission for the evaluation and control of consumer mediation (Commission d'évaluation et de contrôle de la médiation de la consommation). In accordance with the provisions of the French Consumer Code on the mediation of consumer disputes, where you have contacted us and have not received a reply that satisfies you, you may make free use of a consumer mediation procedure with:

• CM2C
• 49 rue de Ponthieu
• 75008 PARIS
• Telephone: 01 89 47 00 14
• Website: https://www.cm2c.net/declarer-un-litige.php
• Email: [email protected]

A referral to the mediator is admissible only if the Client shows that they have tried to resolve the dispute directly with JSBCloud through a written complaint, if it is made within one year of that complaint, if the dispute has not previously been examined by another mediator or by a court, and if it is not manifestly unfounded. The mediator may be contacted by post at the address given above or electronically through their website.

Recourse to mediation is optional and does not deprive the Client of any legal remedy. A consumer Client may bring proceedings before the competent court at any time, on the conditions set out in article 38, without first engaging in mediation.

38. Governing law and jurisdiction

These terms are governed by French law. That choice does not deprive a consumer Client residing in another European Union member state of the protection afforded to them by the mandatory provisions of the law of their country of habitual residence.

For a consumer Client, the statutory rules of jurisdiction apply: they may bring proceedings, at their choice, before the court of the place where they lived when the contract was entered into or when the harmful event occurred, or before the court of the place where the defendant lives. A consumer Client domiciled in another European Union member state may bring proceedings before the courts of their domicile, and JSBCloud may sue them only before those same courts.

For a professional Client, and failing an amicable resolution, exclusive jurisdiction is granted to the courts of Annecy, including where there are several defendants, where a third party is joined or in urgent proceedings.

Language. These terms are drawn up in French and translated into English for the convenience of the Client. In the event of a discrepancy between the two versions, the French version prevails, without depriving a consumer Client residing in another member state of the protection of the law of their habitual residence.

If a provision of these terms were declared void or unenforceable, the other provisions would retain their full effect.

39. Acceptance

By creating an account, using the Services or placing an order, the Client confirms that they have read, understood and accepted these General Terms and their schedules, the Fair Use Policy and the list of Prohibited Activities, in full.

Schedule 1: model withdrawal form

To be completed and returned by a consumer Client who wishes to exercise their right of withdrawal on the conditions set out in article 19. Its use is optional.

For the attention of ALTISCORE SAS, 4A Avenue Auguste Renoir, 74960 Annecy, France, [email protected]

I hereby give notice of my withdrawal from the contract for the supply of the following services:

Service concerned:

Order or invoice number:

Ordered on:

Name of the Client:

Address of the Client:

Signature (only where this form is notified on paper):

Date:

Schedule 2: data processing agreement under article 28 of the GDPR

This schedule applies where the Client hosts or processes personal data by means of a Service. The Client is then the controller and JSBCloud the processor. It supplements article 32 and the Privacy Policy.

1. Subject matter, duration, nature and purpose. JSBCloud supplies the hosting infrastructure and the related services described in article 6. The processing consists of the hosting, storage, backup where subscribed to, transmission and erasure of the data that the Client places on their Service. Its sole purpose is the performance of the contract and it lasts as long as the Service concerned.

2. Data and data subjects. The categories of data and the categories of data subjects are determined by the Client alone, who remains in control of the content they host.

3. Instructions. JSBCloud processes the data only on documented instructions from the Client, including as regards transfers, unless required to do so by a law to which it is itself subject; in that case JSBCloud informs the Client of that requirement before processing, unless the law prohibits it. JSBCloud informs the Client if an instruction appears to it to infringe the applicable regulation.

4. Confidentiality. The persons authorised to access the data are bound by an obligation of confidentiality and are authorised only to the extent strictly necessary for their duties.

5. Security. JSBCloud implements the appropriate technical and organisational measures within the meaning of article 32 of the Regulation, in particular the segregation of Services, the encryption of administrative access, named authorisation management, the logging of interventions and the backup of the hosting systems. The Client remains responsible for the security measures applied inside their own Service.

6. Sub-processing. The Client gives JSBCloud general authorisation to engage sub-processors. The up-to-date list, their role and their location are set out in the Privacy Policy. Any addition or replacement is notified at least 30 days in advance; the Client may object on legitimate grounds and, failing agreement, terminate the Service concerned free of charge.

7. Assistance. JSBCloud assists the Client, taking into account the nature of the processing and the information available to it, in responding to requests from data subjects exercising their rights and in complying with the obligations of articles 32 to 36 of the Regulation. JSBCloud informs the Client without undue delay after becoming aware of a personal data breach affecting the data it hosts on their behalf.

8. Fate of the data at the end of the contract. The Client chooses between the return and the erasure of the data. The return is made by providing an archive in a usual format, within the time limits set out in articles 14 and 17, and cannot be made conditional on the settlement of an invoice. Once those time limits have run, the data is erased, except where a legal obligation requires it to be kept.

9. Audit. JSBCloud makes available to the Client the information needed to demonstrate compliance with the obligations of this schedule and allows for audits, including inspections, by the Client or an auditor mandated by them. Those audits take place at most once a year, except after a security incident, on reasonable notice, at the expense of the requesting party and without prejudicing the security or the confidentiality of other Clients.

10. Location. The data hosted on the Services is kept within the European Union, on the infrastructure described in article 1. JSBCloud carries out no transfer of that data outside the European Union for the performance of the hosting Services. The ancillary processing carried out by the providers referred to in the Privacy Policy is subject to the safeguards described there.