Terms and Conditions of Sale and Use

Creation of your subscription

After your order is validated, CubixServ makes the ordered service available according to the delivery time, billing period and price shown in the catalog or order form. Cancellation takes effect according to the terms displayed in the client area and these conditions.

Payment methods

Available payment methods and their terms are shown in the client area at checkout. The cubixserv.com showcase website does not directly collect bank-card details.

Management and maintenance of services

In case of an incident, CubixServ.com only manages technical problems related to the basic installation of the service. Under no circumstances can CubixServ.com manage problems related to the operation or management of the service. In addition, CubixServ.com cannot be held responsible for any errors resulting from the client's misuse of the service.

Service Interruption

Availability commitments and any applicable service credits are those expressly stated on the plan or order form. Unless an SLA is expressly specified, no numerical availability guarantee is announced. In case of an incident, the client may contact support for a review of the situation.

Reservations and Termination of Subscription

A notice of 15 days is required by the client, by making a cancellation request at least 15 days before the next due date from his customer area to terminate the payment for the subscribed service(s).

CubixServ.com reserves the right at any time to modify or change the pricing of the service. The client may accept the change or refuse it and terminate his subscription. The client has no obligation to renew the subscription and may terminate his rental at any time or decide not to renew it. CubixServ.com reserves the right to close the service without notice and terminate the client's subscription without any possible refund if an infringement is detected by CubixServ.com, for example, using the service for any offense punishable by French or international laws.

Right of withdrawal

In accordance with the provisions of article L.221-28 paragraph 13 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of digital content not provided on a material support whose execution has begun after express prior agreement of the consumer and express waiver of his right of withdrawal.

Where a plan expressly displays a money-back statement, the conditions and period displayed with that plan define any available refund option.

I acknowledge that Paul FLORES (CubixServ) will proceed with the immediate execution of the service from the validation of my order and I expressly waive my right of withdrawal in accordance with the provisions of article L.221-28 of the Consumer Code.

Cancellation, service termination and any refund or credit conditions are those displayed at checkout and applicable to the service concerned.

Validity of the electronic signature

Any order form signed by the client by "click" constitutes an irrevocable acceptance which can only be called into question in the cases expressly provided for in these general terms and conditions of sale, such as the "right of withdrawal" and those in force in consumer law. The "click" associated with the authentication, non-repudiation and message integrity protection procedure constitutes an electronic signature. This electronic signature has the same legal value as a handwritten signature between the parties.

Authorization and use of data collection

CubixServ processes data required to manage requests and services in accordance with its legal notice. Optional Google Analytics audience measurement and Tawk chat tools are loaded only after consent through the cookie preferences banner.

User Obligations

The User is prohibited from disseminating the following content, without limitation:

• Documents, information, remarks or content that are contrary to criminal law, defamatory, obscene, violent, threatening, inciting hatred, violence or discrimination or acts falling under criminal law, racist, pornographic or similar, violating the right to privacy or likely to infringe on the respect for human beings and their dignity, equality between men and women, the protection of children and teenagers.
• Contents using without authorization data belonging to third parties and protected by copyright, trademark law or competition law.

It is also prohibited for the User, without limitation:

• To transmit files over the network containing a virus or altered data.
• To delete any mention of copyright or ownership designation.
• To use the site in a way that hinders access by other Users to the site.
• Transmitting information or documents for advertising or hacking purposes of any kind.
• Uploading music or videos that are not licensed or copyrighted under the MP3, DIVX or other format.
• Performing actions that are intended solely to make our services unstable or for harmful purposes.
• Misusing the features of our services that are not intended for such purposes.
• Using our services to participate in cryptocurrency or digital currency mining (such as Bitcoin, Litecoin, Dogecoin, etc.).
• Including hypertext links on their website or redirecting their domain to sites that distribute such services.

The user must not do the following under penalty of permanent suspension without any refund:

• Outgoing DDoS attacks.
• Scanning of network ports for all protocols (TCP/UDP/ICMP).
• Email spamming.
• Impersonating another person, threatening third parties or publishing unlawful content targeting the company, its teams or its users.

As well as any other actions prohibited by computer laws.

The user must enter the following information truthfully:

• First and Last name
• Date of Birth
• Postal Address

If the host has doubts about the truthfulness of this information, a temporary service suspension may occur, as well as identity verification through proof of address and identity documents.

The client is free to refuse this, but the host may decide to suspend their service without refund at any time.

Special Conditions (to be read carefully)

In the context of renting resources (AS number or IPv4), a minimum commitment of one year may be required from the client. If so, the client must respect the commitment period from the moment the service was provided. In the event that the client refuses to comply with the commitment, this could result in legal action.

The availability time indicated in the catalog or confirmed on the order form applies to the ordered service.

If an incident delays availability, the client may open a ticket to obtain an update on the order.

A time period not displayed on the plan or order form is not presented as a contractual commitment.

Applicable cancellation or refund conditions remain those displayed at checkout and in these conditions.

Price increase

CubixServ reserves the right to modify its prices at any time and without prior notice.

The price modification will take effect at the next due date of the client (user). The client is free to accept or refuse the modification.

A refusal from the client will lead to the immediate cancellation of the service at the end of the subscription period.

Support

For any claim, information, or question, our support service is available to you via the email address "support@cubixserv.com" (without quotes), or at the following postal address:

• CUBIXSERV
• 173 rue Emile Romanet
• 73000 Chambéry

Termination of the housing offer

When you subscribe to our housing offer, you agree to our general terms and conditions of sale. Thus, when you decide to terminate your subscription, please note that you have a period of 30 days to pay the shipping costs for the return of your server. If these fees are not paid within this deadline, we can no longer guarantee the return of your server. We therefore recommend that you ensure that these fees are paid on time to avoid any loss of your equipment. We cannot be held responsible in case of non-compliance with this clause.