Terms of Service

1. Preamble

Tekos hosting services are governed by these terms of service.
The use of tekos hosting constitutes acceptance and agreement of these terms.

This terms are applied as soon as the customer create an Instance using tekos-bot.

Tekos can terminate the contract any time by giving a 30 days notice to the customer.
The customer can terminate the contract when needed via its tekos-bot unless an agreement specifying a commitment period has been agreed.

Tekos is represented and operated by DIGI TECHNOLOGIES, the company behind the product Tekos.
The company DIGI TECHNOLOGIES is referred hereinafter as “Tekos”, “Company” and “We”.

DIGI TECHNOLOGIES is registered with the number RCS BOBIGNY 810 496 158.
Its VAT number is FR59810496158.

Its head office is registered at this address:
DIGI TECHNOLOGIES
14 RUE DE MONTMORENCY
93200 SAINT DENIS
France

DIGI TECHNOLOGIES is a French company, based in France, regulated by French laws.
In case of a dispute, the jurisdiction will be the courts at DIGI TECHNOLOGIES registered head office.

2. Tekos’s obligations

Tekos:

  • Ensures than hosting is done reasonably and with care, in accordance to global industry practice.
  • Is commited to correct any defect or malfunctionning hosts servers that are providing services for its customers as soon as possible to provide service continuity.
  • Provides a services available 24 hours a day, 7 days a week, except for:
    • Planned downtime for maintenance.
    • Any unavailability caused by circumstances beyond tekos’s reasonable control like, and not limited to, acts of God, acts of governments or legals authorities, floods, fires, storms, earthquakes, riots, wars, civil unrest, acts of terrorism or strikes.
    • Internet services providers failures or delays.
    • Denial of service attacks.

3. Customer obligations

The customer:

  • Engages to provide accurate and complete registration datas (like email, address or billing informations, but not limited to) and to keep them up-to-date.
  • Engages to keep its passwords secured and confidential and to not share its account with anyone.
  • Ensures that its usage respect international laws, local legal regulations where services are operated (depending of the choosen datacenter) as French laws.
  • Agrees to not violate any point of this Terms of Service.
  • Has the knowledge and capacity to ensure the correct usage, configuration and administration of services.
  • Engages to use services as they should be and to not use them to attack, scan or spam networks.
  • Engages to not use services for high risk activities where the failure of service could lead to death, personal injury or environmental damage.
  • Takes responsability of datas hosted on Tekos’s services and undertakes to make regular backups outside Tekos’s infrastructure.
  • Will not interfere or attempt to interfere with the proper working of Tekos’s services or any other service.
  • Will not make abusive usage of network bandwitdh, host servers or third party infrastructures.

Tekos reserves a right to terminate without delay any service that will not respect this Terms of Service.

4. Customer support

Tekos provides a basic support to its customer to resolve common issues. This support concerns Tekos’s services and is limited to them. It does not include support for softwares proposed as service.
Best efforts are made to respond as soon as possible during offices hours (9 AM CET to 6 PM CET).

5. Limitation of Liability

Tekos is not liable for:

  • Disturbances that are not caused by Tekos.
  • Logins and passwords choices, leak of credentials, misconfiguration of services or firewall, or non-update of services which remain the responsability of the customer.
  • Internet connections and the quality of these connections, the Internet being composed of several networks that are outside Tekos’s responsibility.
  • The software that makes up the services, such as bugs or security issues, which is not developed by Tekos but by third parties

6. Services Availability & Penalities

Tekos provides by default a monthly average availability level of 99.9%.
This SLA (Service Level Agreement) can be increased by a specific contract.

This does not include downtimes required by maintenances, updates, shutdown for force majeure or if services cannot be accessed on internet due to difficulties outside Tekos’s responsability.

Penalities can be applied if Tekos’s fault is proven and customer contacts the support no later than 10 days after the incident.
Penalities are calculated as a prorated value per minutes of unavailability of the service concerned paid by the customer during the month of the incident.
These penalties are capped at 30% of the value of the service for the month of the incident and cannot be accumulated.
Penalities will be deducted from the next invoice the customer will receive with a 30 days limit.

7. Payments and Billing

Prices are listed directly on the website for each service.
They exclude the VAT rate that can be applied, depending on the customer’s country, directly on the final bill.
Prices may be revised by Tekos as soon as a message has been sent to the customer at least one month before the change in pricing is applied.

Any service that is not payed by the due date may be suspended. In such case, an interest at a rate of 10% of the outstanding balance may be applied.
If the service is not payed, Tekos can destroy the service and delete all datas remaining like service’s configurations, datas and backups.

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