Housing particular conditions

These particular conditions apply to AdKyNet SAS housing plans. They supplement the general terms and conditions of sale and use, to which reference is made for anything they do not expressly provide for. This English version is a translation; the French version prevails.

Article 1: Purpose and contractual hierarchy

The purpose of these particular conditions is to define the technical and financial conditions under which AdKyNet makes available to the Customer a rack space within a datacenter, intended to host the equipment owned or held by the Customer (hereinafter the "Service").

The Customer expressly acknowledges that AdKyNet takes no part in the choice, the configuration or the operation of the hosted equipment, for which the Customer remains entirely responsible.

The Service is designed for professional use. It remains open to the consumer Customer, it being specified that some provisions of these particular conditions are reserved for the professional Customer within the meaning of article 3 of the general terms and conditions of sale and use.

The Service gives rise to a dedicated hosting contract, together with an appendix setting out the characteristics and the price of the service subscribed to. In the event of a contradiction, the order of precedence is as follows: the appendix and its amendments, then the signed hosting contract, then these particular conditions, then the general terms and conditions of sale and use.

Article 2: Description of the Service

The Service consists in making available a rack space, expressed in units (U) or in a fraction of a rack, together with a power supply, a network connection and a number of IP addresses determined by the plan subscribed to:

Plan	Power	Connectivity	IP addresses	Access
1U	50W to 500W	1 Gbits to 40 Gbits	1 IPv4 + IPv6 /64	Accompanied
2U	150W to 500W	1 Gbits to 40 Gbits	2 IPv4 + IPv6 /64	Accompanied
1/4 rack (12U)	1 to 4 KVA	1 Gbits to 40 Gbits	8 IPv4 + IPv6 /64	Badge
1/2 rack (23U)	1 to 6 KVA	1 Gbits to 40 Gbits	Defined with the Customer	Badge
1 rack (46U)	1 to 6 KVA	1 Gbits to 40 Gbits	Defined with the Customer	Badge

The power, the port speed, the committed rate, the number of units and the price actually subscribed to are those set out in the appendix to the hosting contract.

The committed rate is measured at the 95th percentile, the value retained being the higher of the download and upload rates.

AdKyNet provides the optics as well as power cables suitable for datacenter use (C13/C14). From 4U upwards, the Customer must reserve space within their rack space for a network switch.

The racks are currently installed in a datacenter located in Aubervilliers, in the Paris area of France. AdKyNet reserves the right to open other sites, in France and internationally. In accordance with the hosting contract, AdKyNet may move the Customer's equipment within the datacenter or to another datacenter, subject to thirty (30) days' notice and without that move giving rise to any compensation; the cost of the move is borne by AdKyNet where AdKyNet carries it out itself.

The datacenter is carrier-neutral: the Customer may connect with any operator present on site, the commercial terms of that connection being then a matter between the Customer and that operator.

Additional options may be subscribed to: BGP session, Anti-DDoS protection, Remote Hands and additional power.

Article 3: Term of the contract

By express derogation from article 5.1 of the general terms and conditions of sale and use, housing plans may be subscribed to, at the Customer's choice:

• without commitment;
• or for a commitment period of 3, 6, 12 or 24 months;
• or, from the 1/4 rack upwards, for a commitment period of up to sixty (60) months.

Commitment periods longer than 24 months are reserved for the professional Customer within the meaning of article 3 of the general terms and conditions of sale and use.

The period selected, the payment frequency and the total amount due are shown to the Customer before the order is confirmed, in accordance with article 5.3 of the general terms and conditions.

The contract is tacitly renewed for an identical period, on the terms in force on the date of renewal, unless terminated with the notice period set out in the appendix.

The financial terms of an early exit before the end of the commitment period are those set out in article 5.6 of the general terms and conditions of sale and use.

The price of the period paid in advance is guaranteed for that period. AdKyNet may change its rates by informing the Customer at least thirty (30) days before they take effect; the Customer may then contest the increase and terminate by registered letter with acknowledgement of receipt within one month of the new rates coming into force.

For the professional Customer only, AdKyNet additionally revises the price once a year according to the formula indexed on the French construction cost index (INSEE) set out in the hosting contract. That revision is not a ground for termination.

Article 4: Order, setup fees and delivery

A setup fee applies when subscribing to the Service. It amounts to €40 for the 1U and 2U plans. From the 1/4 rack upwards, it depends on the configuration chosen and is communicated to the Customer in the quote issued prior to the order.

The contract is only deemed concluded once the contract and its appendix have been received signed and the service has been effectively paid for.

The service start date is agreed between the parties and is not tied to the date of signature. That date constitutes the effective date of the contract and the starting point for billing.

The physical installation of the equipment in the rack is the Customer's responsibility, unless the Remote Hands service provided for in article 6 is used.

Article 5: Datacenter access

Access arrangements depend on the plan subscribed to:

• on the 1U and 2U plans, access to the datacenter is accompanied by AdKyNet's teams;
• from the 1/4 rack upwards, badge-secured access may be granted to the Customer.

On the 1U and 2U plans, any intervention must be requested in advance by email to support@adkynet.com or through datacenter.adky.net at least 24 hours beforehand, so that an AdKyNet team can accompany the Customer. The intervention may only take place once AdKyNet has accepted the request.

From the 1/4 rack upwards, a Customer holding a badge accesses the datacenter on their own, 24 hours a day, 7 days a week, without prior request. Access by any person not holding a badge, and any intervention requiring an AdKyNet technician to be present, remain subject to a prior request in the same form.

The badge is strictly personal. Its holder may neither invite nor be accompanied by anyone without AdKyNet's prior agreement. Where no prior written request has been made for an accompanying person, or for any aggravating reason, access may be refused and the badge returned to AdKyNet.

Badges are provided by AdKyNet and/or by the datacenter operator. They remain their property and are handed to the Customer on loan only, for the sole purposes of access. The Customer undertakes to take care of them, not to lend, duplicate or alter them, and to report without delay any loss, theft or damage.

The badge is handed to the Customer at the datacenter security desk on arrival and returned there on departure, at the end of each visit. The same applies to badges issued to the persons the Customer appoints. Badges are returned definitively at the end of the contract. Failing return, AdKyNet reserves the right to suspend access until the situation is regularised.

The Customer provides AdKyNet with the list of named persons authorised to access the datacenter and informs AdKyNet without delay of any change to that list.

The Customer and the persons they appoint undertake to comply with the datacenter's internal rules and safety instructions.

Where access is unaccompanied, the Customer undertakes to notify AdKyNet in advance of any removal of equipment. Failing that, AdKyNet reserves the right to suspend access until the situation is regularised.

Article 6: Remote Hands

The Service is provided without technical assistance. The Customer may nevertheless request AdKyNet's technicians to work on their equipment, at their request and on their behalf: reboot, replacement of a hard drive, a fan, a power supply, or any other operation of the same nature. Such work is charged on terms notified in writing beforehand.

It is charged:

• €75 excl. VAT per hour for an intervention carried out during working hours, the first hour being included from the 1/4 rack upwards;
• €100 excl. VAT per hour for an unplanned emergency intervention carried out outside working hours.

Working hours means Monday to Friday, excluding public holidays in France. Interventions carried out at night, on Saturdays, Sundays and public holidays fall under the second rate.

Interventions are carried out on the basis of the Customer's written instructions. AdKyNet cannot be held liable for the consequences of incorrect or incomplete instructions, nor for a failure of the Customer's equipment revealed during the intervention.

Article 7: AdKyNet's obligations

AdKyNet endeavours to keep the Service available 24 hours a day, 7 days a week, subject to possible failures and to maintenance periods requiring access to the equipment to be interrupted. AdKyNet is bound in this respect by an obligation of means.

AdKyNet informs the Customer of maintenance on the infrastructure via status.adkynet.com.

AdKyNet provides the power supply, the cooling and the physical security of the space made available, and monitors its network 24 hours a day, 7 days a week.

AdKyNet refuses to host equipment storing content inciting racial hatred, child pornography, or content glorifying war crimes. Should such content be reported to it, AdKyNet informs the competent authorities.

Article 8: The Customer's obligations and liability

The rack space made available remains AdKyNet's property and is rented for the term of the contract. It is intended solely for storing computer or network equipment and may not be used for any other purpose. The Customer acquires no right of occupancy over the premises; the contract constitutes neither a sublease nor a business domiciliation.

The hosted equipment remains the property of the Customer, who alone is responsible for its operation, its maintenance and the backup of the data it contains. AdKyNet performs no backup of the data hosted under the Service and does not maintain the equipment.

The Customer remains solely responsible for the hardware entrusted to AdKyNet. It is for the Customer to make the necessary arrangements to insure that hardware. The Customer may not claim any refund, replacement or compensation for damage to or failure of their hardware that is not attributable to AdKyNet.

The Customer warrants that the equipment installed complies with the applicable electrical and safety standards and is compatible with the characteristics of the rack space subscribed to (dimensions, weight, heat dissipation, electrical power). The Customer satisfies themselves, prior to subscribing, that the space chosen is sufficient to accommodate their equipment.

The Customer shall refrain from any use of the Service contrary to the rights of third parties, in particular intellectual property rights, as well as any activity constituting spamming within the meaning of article L.34-5 of the French postal and electronic communications code, any intrusion or attempted intrusion (port scanning, sniffing, spoofing, etc.), and more generally any disputed behaviour such as traffic exchange, Black Hat SEO, video game bots, cryptocurrency mining, DoS, DDoS or proxy. Carrying out cyberattacks from the connection provided is prohibited.

Article 9: Power supply and bandwidth

The power and the committed rate made available are those provided for by the plan subscribed to and set out in the appendix to the contract. The Customer undertakes not to exceed them and shall refrain from any act liable to cause a power outage.

Any excess power or network consumption is charged pro rata to the overrun, at the overage rates set out in the appendix to the contract.

Article 10: Support

AdKyNet provides the Customer with technical assistance under the conditions set out in the general terms and conditions of sale and the general terms and conditions of use. That assistance covers the Service itself; any work on the Customer's equipment falls under article 6.

Article 11: Confidentiality

AdKyNet does not access the data contained in the Customer's equipment. Information of which AdKyNet becomes aware in the course of performing the Service remains confidential.

Reciprocally, the Customer is prohibited from disclosing information relating to AdKyNet's infrastructure, in any form whatsoever (photograph, video, text, etc.).

However, in the event of a judicial requisition, AdKyNet will be required to provide the information requested by the courts.

Article 12: Conditions relating to Anti-DDoS protection

A Customer using AdKyNet's network benefits from basic Anti-DDoS protection. Curative protection may be subscribed to on a quotation basis. Where the Customer operates their own network, Anti-DDoS protection may be charged separately, as set out in the appendix to the contract.

Under that protection, AdKyNet reserves the right to temporarily interrupt the Customer's service when it is subject to an attack. Where an attack cannot be filtered and has a global impact on the infrastructure, AdKyNet may blackhole the IP address concerned for 20 minutes, renewable.

Article 13: End of the contract and removal of equipment

The Customer removes their equipment on the end date of the contract, having first made an appointment with AdKyNet's teams. The Customer returns the space in its original condition, fair wear and tear excepted.

Failing removal on that date, AdKyNet charges additional monthly instalments until all equipment has effectively been removed. After a period of six (6) months, the equipment is destroyed with no possibility of recovery or compensation.

In the event of a payment incident, the Customer is not permitted to remove their equipment from the datacenter until all sums due have been settled.