OUR COMMITMENT
TERMS, CONDITIONS, AND PROVISIONS

The following terms, conditions, and provisions apply to all DATAenligne services and hosting packages. By subscribing to one or more DATAenligne services, including subscription through a representative or commercial partner, YOU AGREE TO COMPLY WITH THE FOLLOWING TERMS, CONDITIONS, AND PROVISIONS. The hosting services subject to these terms, conditions, and provisions are clearly defined on the DATAenligne website at this address:

https://dataenligne.com/clauses-modalites-conditions/

DATAENLIGNE’S COMMITMENT

DATAenligne commits to providing hosting solutions, including communication links and a specified amount of Internet bandwidth, based on the choice of available transmission ports as described on the website. DATAenligne commits to making every necessary effort to ensure the best quality of service for its CLIENTS.

Privacy Policy

DATAenligne commits to using personal information provided by its CLIENTS solely and exclusively within the scope of its current operations. Under no circumstances will this information be provided or disclosed to a third party without the CLIENT’s prior consent, excluding, where applicable, exceptions presented by legal authorities and collection agencies. The CLIENT authorizes DATAenligne to use their company name and/or their name, as well as their comments, as a reference for its advertisements or within texts found on its website. To opt out of this policy, the CLIENT may send a written notice, via email, requesting the removal of their name and comments.

Internet Connectivity Service

DATAenligne commits to providing the CLIENT with Internet connectivity service, the IP addresses required for SSL security certificates, and a specified amount of bandwidth based on the choice of available transmission ports, as described on its website. In turn, the CLIENT commits to using the provided bandwidth in compliance with the usage policies.

IP Addresses

Each IP address provided to the CLIENT by DATAenligne must be maintained by the CLIENT in accordance with the standards defined by ARIN. DATAenligne provides the CLIENT with a single IP address per virtual server. If desired, the CLIENT may request additional IP addresses. DATAenligne may require justifications for each request and reserves the right to assign, or not assign, new IP addresses at the current costs. At all times, all IP addresses remain under the control of DATAenligne, which reserves the right, at its sole discretion, to change or delete the IP addresses provided to the CLIENT.

Domain Name

If you register, renew, or transfer one or more domain names with DATAenligne, we will submit the request to our domain name service provider (the “registrar”) on your behalf. DATAenligne is not responsible for any errors, omissions, or failures of the registrar. DATAenligne is responsible for advising the CLIENT of any domain name renewals that are approaching their expiration date. DATAenligne is not responsible for acquiring domain names for the CLIENT.

Other Services

DATAenligne may offer the CLIENT on-demand, à la carte technical support service, if it is not included in DATAenligne’s standard offerings.

This could include restarting a system, diagnosing failures and/or scripts and/or programming, managing DNS zones, and/or any other type of request made from your Client Area, which is accessible via the DATAenligne website. Intervention fees for said services may be billed to you at the current rate.

Please note that during normal business hours, our hourly rate is $100.00 per hour. The minimum charge is 30 minutes per intervention. Outside of normal business hours, the hourly rate is $175.00 per hour, and the minimum intervention time is 60 minutes. If the intervention time is not included in the standard offer, we will inform you of the time and associated costs.

For “Starter and/or WordPress 1-Click” hosting packages, the additional bandwidth rate is $1 per 1GB increment and $2 per 1GB increment for additional storage space.

Normal Business Hours

Normal business hours are Monday to Friday, between 9 AM and 5 PM Eastern Time (ET). Response times outside of normal business hours may differ. If you anticipate needing assistance outside of normal business hours, we recommend informing us in advance so that we can provide you with quality service. DATAenligne defines outside business hours as Monday to Friday, between 5:01 PM and 8:59 AM (ET), as well as Saturdays, Sundays, and public holidays.

Installation, Equipment, and Access

DATAenligne is entirely responsible for the equipment provided to the CLIENT and its installation. The CLIENT does not own and cannot exercise any rights over the equipment. Access to the equipment is prohibited. The CLIENT may not, under any circumstances, work on or make physical modifications to the equipment.

Billing

All invoices for DATAenligne services are sent via email. The initial invoice must be paid upon account opening. Subsequent invoices must be paid in full upon receipt.

Payments

The CLIENT may pay their invoice on a monthly, quarterly, semi-annual, or annual basis via Visa or MasterCard from the secure Client Area accessible from the DATAenligne website. According to the terms, conditions, and provisions, INTERAC payment is accepted only for annual agreements. NO PAYMENT BY CHECK IS ACCEPTED.

Should an invoice remain unpaid after the due date, interest charges will be applied to the account at a rate of two percent (2%) per month, and a monthly compound rate corresponding to an annual interest rate of 26.86%. Any transaction returned for insufficient funds will incur a management fee of $50.00.

DATAenligne will use the information provided by the CLIENT to process credit card payments automatically on the billing date without prior notice. The CLIENT will receive a notice following all debits made to their credit card.

Should the CLIENT wish to deactivate the automatic payment function, a written request must be submitted from the Client Area accessible on the DATAenligne website. To reactivate the function, you must inform us in the same manner.

Upon the first payment or by reactivating the automatic payment function, the CLIENT confirms that they have read the terms, conditions, and provisions and accepts automatic payment as the payment method. By doing so, the CLIENT agrees that DATAenligne may debit all unpaid amounts and authorizes DATAenligne to do so using the credit card on file. The CLIENT authorizes their financial institution, which is the issuer of their credit card, to debit their account for all amounts related to DATAenligne’s services. This authorization is valid until an authorized person on the account requests the suspension of the automatic payment function.

Payment Default

Following a payment default, a notice will be sent to the CLIENT via email to remind them to settle their payment within the next 48 hours. If DATAenligne does not receive payment after this period, the account will be temporarily suspended for non-payment. A fee of $0.25 per declined transaction may be charged to the client’s account.

DATAenligne reserves the right to cut off access and modify the homepage or simply by disconnecting from the network. A minimum fee of $50.00 may be charged to reactivate the account once the total payment for outstanding invoices has been settled.

Price Adjustments and Changes

Upon renewal of the service agreement, DATAenligne may modify the prices and fees payable for all or part of the services and products offered. The CLIENT commits to paying all applicable taxes on the services provided by DATAenligne.

Account or Service Plan Modifications

At any time, the CLIENT may request the addition of products or services to their account. Any account change that may result in a decrease in the monthly amount paid can only be made at the end of the first year of commitment or, when there is no longer a commitment period, from the next monthly anniversary date.

Term of Agreement

The initial term of the agreement is twelve (12) months following the service effective date. This agreement will be automatically renewed at the end of the first year, on the basis of each payment period. Either party may terminate this agreement, in writing, thirty (30) days before the monthly/annual anniversary date of the product or service. The monthly/annual anniversary date corresponds to the day of the month when the account was initially opened.

In the event of a payment default, DATAenligne may terminate the agreement. Any request for account closure or non-renewal must be made from the Client Area accessible on the DATAenligne website. According to the terms, conditions, and provisions, DATAenligne requires that your request include the CLIENT’s full name, contact information, the CLIENT’s signature, and the reason for cancellation or account closure.

Refund Policies

Amounts paid in advance are not refundable after the first 30 days following product or service activation. However, on the monthly anniversary date, and after the end of the commitment period indicated in the accepted service offer, an equivalent credit may be applied to amounts paid in advance in the CLIENT’s account for all products and services provided by DATAenligne. Billing errors may be credited for a maximum retroactive period of two (2) months.

Payment Obligation

The CLIENT is obligated to pay their entire account, even if they do not use it.

Usage Policies

The CLIENT agrees to comply with DATAenligne’s terms, conditions, provisions, and usage policies throughout their agreement and as described below:

The CLIENT commits to using DATAenligne’s hosting services only for legal purposes and in accordance with applicable laws. The CLIENT commits to using the hosting services without prejudice or harm to DATAenligne and/or its clients.

The CLIENT understands that the following activities are strictly prohibited:

a) threatening the physical or material integrity of a natural or legal person, their property, and all types of harassment;

b) contravening Canadian laws regarding the export control of software or technical information;

c) making false or fraudulent representations regarding products or services;

d) transmitting, disseminating, or hosting material that violates applicable laws or regulations;

e) transmitting, disseminating, or hosting material protected by copyright, trademarks, trade secrets, or other intellectual property rights, without authorization, or material that is obscene, defamatory, infringes on privacy, or constitutes an illegal or unlawful threat;

f) facilitating, promoting, or inciting the performance of one or more of the above-mentioned activities, whether by using DATAenligne’s network or services or via a third-party network or service.

Email

Regarding SPAM (unsolicited electronic communication), DATAenligne adopts a zero-tolerance policy. All clients engaged in activities associated with sending unsolicited electronic communications are not welcome.

It is strictly prohibited to send unsolicited electronic communications, including, but not limited to, commercial advertising, informational announcements, as well as any communication sent to an “opt-in” address list where the addresses have not been collected by the CLIENT themselves in compliance with Law C-28.

The CLIENT may not use an email server from another site to retransmit email without having obtained all formal authorizations from the latter.

It is also strictly prohibited to transmit unsolicited electronic communications originating from any other network that disseminates advertising, promotes, or is directed in any way towards a location hosted within the DATAenligne network.

Hosted Content

Legal content is permitted on all DATAenligne hosting products. The CLIENT commits to publishing adult content in accordance with applicable laws. DATAenligne reserves the right to remove any content deemed offensive or illegal.

Infrastructure Security

It is prohibited to use DATAenligne’s services with the aim of compromising security or harming the integrity of system resources in any way. Any deliberate attempt to overload DATAenligne’s services or transmit a cyber attack will be penalized.

Furthermore, it is strictly prohibited to use or distribute tools designed to compromise security; to use or access data without authorization, or even systems or networks, including any attempt to probe, scan, or test the vulnerability of a system or network, or to violate security devices or authentication measures without having first obtained the formal authorization of the owner.

Violations

DATAenligne reserves the right to decide, on a case-by-case basis and at its sole discretion, on the measures and sanctions to be taken to counter any violation of the prohibited activities mentioned above. Consequently, any violation of this policy could expose the client to civil or criminal prosecution. DATAenligne may, where applicable and at its sole discretion, temporarily or permanently block access to the CLIENT’s services, suspend, or terminate the provision of services. DATAenligne may call upon and collaborate with the police as part of an investigation targeting any party suspected of violating the law.

Availability Guarantee

DATAenligne guarantees a monthly availability of 99.95% or more, depending on the chosen solution. Certain restrictions apply. The terms of the availability guarantee are stated at all times on the DATAenligne website.

Power Supply Availability Guarantee

DATAenligne guarantees power supply availability to data centers of 99.95% or more. Certain restrictions apply. The exact terms of the power supply availability guarantee are stated at all times on the DATAenligne website.

Hardware Replacement Guarantee

DATAenligne guarantees hardware replacement for dedicated VMs within 4 hours. Certain restrictions apply. The exact terms of the hardware replacement guarantee are stated on the DATAenligne website.

Limited Liability

THE CLIENT ACKNOWLEDGES THAT DATAENLIGNE ALLOWS OTHER USERS OF THE SERVICE TO INSTALL THEIR SITES IN ITS FACILITIES. DATAENLIGNE SHALL IN NO WAY BE HELD RESPONSIBLE FOR ANY DAMAGES, COSTS, OR LOSSES INCURRED BY THE CLIENT (OR THE CLIENT’S CUSTOMERS) DUE TO AN ACT OR MATERIAL OF ANOTHER SERVICE HOLDER OR THE FAILURE TO ACT ON THE PART OF ANOTHER SERVICE HOLDER. DATAENLIGNE’S CONTRACTUAL, TORTIOUS (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER LIABILITY TO THE CLIENT (OR THE CLIENT’S CUSTOMERS) REGARDING THE PERFORMANCE OR NON-PERFORMANCE, AS THE CASE MAY BE, OF ANY OBLIGATION ARISING FROM THIS AGREEMENT, WITH RESPECT TO ANY CLAIM WHATSOEVER, IS LIMITED AND SHALL IN NO EVENT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO DATAENLIGNE UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM AROSE. DATAENLIGNE SHALL IN NO EVENT BE LIABLE FOR LOSS OF PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Force Majeure

Neither DATAenligne nor the CLIENT shall be held responsible for any delay, interruption, or non-performance of any of its obligations due to an unforeseen event such as a declared or undeclared war, a terrorist attack, a fire, a storm, a prolonged power outage, a landslide, an earthquake, a cyberattack, a computer virus, or any other type of event of this nature over which the affected parties have no control (“Force Majeure”).

In the event of Force Majeure, the party invoking Force Majeure must notify the other party without delay. The party invoking Force Majeure undertakes to make all efforts to terminate or remedy the impact. This article shall not be invoked to excuse a failure to make a payment when due.

Backup Copies

DATAenligne maintains backup copies for all its servers. Through backup copies, DATAenligne ensures that operating systems and core applications on all servers can be restored quickly. The CLIENT’s sites, applications, and data may or may not be part of the backup copies.

DATAenligne’s backup copies do not at any time constitute a backup copy of the CLIENT’s sites, applications, and databases. The CLIENT must ensure that they have a backup copy of their sites, applications, databases, and hosted content. DATAenligne shall in no event be held responsible for any damages resulting from data loss.

DATAenligne offers data backup solutions with its hosting solutions.

Ownership and Copyrights

The CLIENT certifies that they are either the owner of the content they host or that they hold all rights to host the content on DATAenligne’s servers.

Entire Agreement

The terms of service, conditions of use, and its appendices constitute the entire agreement between the parties and supersede any other prior proposal, discussion, or writing between the parties on this subject.

SUBJECT TO ANY EXPRESS PROVISION IN THIS AGREEMENT, DATAENLIGNE MAKES NO REPRESENTATION, WARRANTY, OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY, AS TO MERCHANTABILITY, DURABILITY, OR FITNESS FOR THE PURPOSE FOR WHICH THE GOODS OR SERVICES ARE INTENDED, OR AS TO THEIR OWNERSHIP OR COMPLIANCE OTHERWISE, NOR AS TO ANY OTHER WARRANTY OR CONDITION ARISING FROM LAW OR STATUTE, OR IN THE COURSE OF DEALING OR TRADE USAGE.

Applicable Laws and Jurisdiction

This AGREEMENT is governed by the laws of QUEBEC and those of CANADA applicable therein. The Parties irrevocably submit disputes arising from this AGREEMENT to the Quebec courts, judicial district of MONTREAL.

Complaints

Any complaint or abuse noticed on a site hosted by DATAenligne must be sent to abus@DATAenligne.com or by mail to: DATAenligne Inc., Customer Service, 1677 Adoncour Street, Longueuil, Quebec J4J 5L4.

DATAenligne Inc.’s Reservation of Rights

At all times, DATAenligne reserves the right to modify these policies regarding the clauses, terms, and conditions. Furthermore, DATAenligne reserves all rights not expressly granted herein.

Privacy Policy

https://dataenligne.com/politique-de-confidentialite/

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