General Terms (Terms of Use & Sale)

These General Terms govern, on the one hand, the use of the corcelink.fr website (Terms of Use) and, on the other hand, the sale and provision of CorceLink (SASU) services (Terms of Sale). Together with the quote and its appendices, they form the entire agreement between CorceLink and the Client. Any order entails full and unreserved acceptance of these terms, to the exclusion of any other document of the Client (in particular its general purchasing terms).

I. Terms of Use

1. Purpose and acceptance

The Terms of Use define the conditions of access to and use of the corcelink.fr website and associated areas (in particular the client area). By accessing the site, the user acknowledges having read, understood and accepted these Terms of Use without reservation.

2. Definitions

“Site”: all pages and resources accessible under the CorceLink domains. “User”: any person browsing the Site. “Client”: any person who has ordered a Service. “Content”: any text, image, code, trademark, database or data.

3. Access and availability

Access to the Site is free of charge (excluding connection costs). CorceLink strives to ensure continuous availability, without absolute guarantee. Interruptions (maintenance, upgrades, incidents, force majeure) may occur without notice.

4. Accounts and authentication

Some areas require an account. The User warrants the accuracy of the information provided, is responsible for the confidentiality of their credentials and for any action carried out via their account. Any suspicious use must be reported to CorceLink without delay.

5. Prohibited uses of the Site

It is notably prohibited to use the Site in breach of the law, to disrupt its operation (abusive scraping, injection, intrusion, denial of service, spam), to infringe the rights of third parties, to collect data without a legal basis, or to alter the integrity or security of the systems.

6. Intellectual property

The Site and its elements (texts, logos, software, databases, graphic charters) are protected. Any reproduction, adaptation, distribution or unauthorized exploitation is prohibited.

7. Third-party content and links

The Site may contain links to third-party sites. CorceLink is not responsible for their content or practices. Activating these links is done under the User's sole responsibility.

8. Personal data and cookies

Processing is carried out in accordance with the GDPR. See the legal notice (sections “Personal data protection” and “Cookies”) accessible from the footer.

9. Liability

The Site is provided “as is”. CorceLink cannot be held liable for indirect damage or harm resulting from unavailability or non-compliant use of the Site.

10. Changes to the Terms of Use

CorceLink may change the Terms of Use at any time. The applicable Terms of Use are those in force at the time the Site is consulted.

II. Terms of Sale

1. Purpose and scope

The Terms of Sale govern all CorceLink services, in particular: labor (audit, engineering & architecture, intervention and time-and-materials), managed IT and support, software licenses and endpoint security (EDR), telecom services (fibre, IP telephony, networking, managed Wi-Fi, managed equipment), web and cloud hosting, VPS servers, dedicated servers, datacenter colocation, IP transit and BGP sessions, announcement of the Client's IP addresses (IP Connect), IP address leasing, cloud backup (BaaS), disaster recovery and business continuity plans (DRP/BCP), and the creation of websites and web applications.

2. Definitions

“Services”: the ordered services. “Order”: the accepted quote or purchase order. “AUP”: the Acceptable Use Policy (Article 11). “SLA”: the service level commitment set out in an appendix. “DPA”: the personal data processing agreement. “Client Content”: any data, file or content stored, transmitted or processed by the Client using the Services.

3. Contractual documents and hierarchy

The contractual set comprises, in decreasing order of priority: (i) the quote/purchase order and signed special conditions, (ii) the appendices (SLA, DPA, AUP, technical sheets), (iii) these Terms of Sale, (iv) the Terms of Use. In the event of conflict, the higher-ranking document prevails.

4. Quote, order and entry into force

Offers are valid for the period indicated (failing which, 30 days). The order is firm and final upon receipt of the signed quote or electronic acceptance. CorceLink may make performance conditional on the payment of a deposit, a security deposit, verifications (solvency, identity, legitimacy of use) and compliance with technical prerequisites.

5. Prices, revision and fees

Prices are expressed in euros excluding tax (excl. VAT); VAT and any applicable tax are added at the rate in force. CorceLink may revise its rates annually and pass on any significant increase from its own suppliers (energy, transit, licenses, hardware) with prior notice. External costs (travel, licenses, cloud resources, telecoms, IP addresses, bandwidth beyond the package) are invoiced according to the quote or actual usage.

6. Invoicing, payment and unpaid invoices

Invoicing follows the terms of the quote (one-off, monthly, annual or on a milestone basis). Unless otherwise stated, invoices are payable on receipt. In accordance with Articles L.441-10 and D.441-5 of the French Commercial Code, any late payment automatically incurs penalties at a rate of three (3) times the legal interest rate, a fixed recovery indemnity of €40, and reimbursement of recovery costs incurred. In the event of an unpaid invoice not settled after a formal notice left unanswered for 8 days, CorceLink may suspend all or part of the Services, without such suspension giving rise to any compensation or suspending the payment obligation.

7. Term, renewal and termination

The Services are performed for the agreed term. Unless otherwise stated, fixed-term contracts are renewed by tacit renewal for identical periods, unless terminated by either party with the notice period stated in the quote. Either party may terminate by operation of law in the event of a serious breach by the other, not remedied 30 days after a formal notice. CorceLink may terminate or suspend without notice in the event of an AUP violation, illegal activity, risk to its infrastructure or persistent payment default.

8. Client obligations and cooperation

• Provide accurate information and the necessary access, approvals and content in good time.
• Use the Services in accordance with the law, these terms and the AUP, and be accountable for its users.
• Maintain the security of its access, passwords, keys and endpoints; report any incident without delay.
• Hold the rights and authorizations over the Client Content and, where applicable, over the IP addresses, domain names and numbers it uses.
• Carry out its own backups when backup is not explicitly part of the ordered scope.

9. Provision of Services and service levels

The Services are provided according to the state of the art. Unless expressly committed, CorceLink is bound by an obligation of means. Any availability rates, GTR/GTI, RPO and RTO appear exclusively in the SLA appendix specific to each Service; in the absence of an appendix, no service level is owed. Scheduled maintenance operations may cause unavailability, announced as far as possible.

10. Subcontracting

CorceLink may use subcontractors (notably datacenters, transit operators, license publishers) while remaining responsible for performance towards the Client. The availability of certain Services depends on third-party suppliers, whose conditions and limitations may apply to the Client.

11. Acceptable Use Policy (AUP) — abuse prevention

The Client and its users are strictly prohibited, under penalty of immediate suspension or termination, from using the Services to:

• Illegal activities: any content or use contrary to the law, public order or morality; in particular, any child sexual abuse material, glorification of terrorism, or incitement to hatred or violence will result in immediate suspension and reporting to the authorities.
• Infringement of third-party rights: counterfeiting, infringement of copyright, trademarks, privacy, or distribution of personal data without a legal basis.
• Spam and abusive messaging: sending bulk unsolicited emails, non-compliance with consent (opt-in) and the GDPR, sender identity spoofing, configuring open relays, or any use degrading the reputation of the IP addresses.
• Security and network attacks: scans, intrusions, denial-of-service (DDoS) attacks, distribution of malware, phishing, hosting command-and-control servers (C2), botnets, or any usurpation of network resources (in particular prefix hijacking — “IP hijacking”).
• Unfair use of resources: resources presented as “unlimited” (e.g. bandwidth, traffic) are subject to a fair-use principle; any abnormal or abusive use, or use harming other clients of a shared infrastructure, may be restricted.
• Crypto-asset mining and intensive workloads: prohibited except with a dedicated offer or CorceLink's prior written authorization.
• VPS, servers and leased IP address blocks: any illegal activity found on a VPS, a server, or carried out via one or more leased IP address blocks results in the immediate suspension of the Service concerned, without notice or compensation, pending remediation or termination. For any lease covering a /24 block or larger, reinforced compliance rules apply (see Article 15): any illegal activity, well-founded third-party complaint, or reputational degradation of the block results in the immediate suspension of the block concerned, without notice.

In the event of abuse, CorceLink may, depending on the severity and without compensation: throttle bandwidth, isolate or suspend the Service, remove the offending content, re-invoice the resulting costs (notably attack mitigation, complaint handling) and terminate the contract. No refund is owed for a suspension based on the AUP.

12. Abuse handling, complaints and requisitions

Reports are sent to [email protected]. The Client undertakes to handle any complaint forwarded by CorceLink as quickly as possible (and within 24 hours at the latest for critical abuse) and to cooperate. CorceLink complies with requests from the competent judicial and administrative authorities and may retain and disclose the data required by law.

13. Client Content and host status

The Client is solely responsible for the Client Content. CorceLink does not exercise general monitoring of hosted content and acts, where applicable, as a host within the meaning of the LCEN: it promptly removes any manifestly illegal content as soon as it becomes aware of it. The Client indemnifies CorceLink against any third-party claim relating to the Client Content or the use of the Services.

14. Backups and data responsibility

Unless a backup offer (BaaS) or DRP/BCP is explicitly subscribed, the Client remains solely responsible for backing up its data. When a backup offer is subscribed, frequencies, retention, RPO and RTO are defined in an appendix; the Client remains responsible for checking the adequacy of the scope and the integrity of restores during the planned tests.

15. Provisions specific to certain Services

• Managed IT, support and labor: out-of-package interventions (time-and-materials) are invoiced on a time-spent basis, per half-hour started, with a surcharge for interventions outside business hours (nights, weekends, public holidays). The managed scope and exclusions appear in the quote.
• Hosting, VPS and dedicated servers: when the Client has administrator (root) access, it is responsible for the administration, updates, security and lawfulness of its environment, as well as for the compliance of the software licenses and operating systems it installs. Any illegal use or use contrary to the AUP (Article 11) — including illegal content, botnets, attacks, phishing or unauthorized mining — results in the immediate suspension of the VPS or server concerned, without notice or compensation, pending remediation or termination.
• Colocation: the Client remains the owner of and responsible for its hardware, which it insures at its own expense. Access to the datacenter is subject to the site's internal rules (appointment, identification, security); the agreed power and thermal envelopes must be respected.
• IP transit, BGP and IP Connect (announcement of the Client's IPs): the Client warrants that it holds ownership or a legitimate right of use over the announced prefixes and its AS number. It provides the letters of authorization (LOA) and publishes the required objects (RPKI/ROA). CorceLink may filter or cease the announcement of any disputed, unjustified prefix, or one contested by an RIR or a third party.
• IP address leasing: the addresses are made available and remain a resource managed by CorceLink (or allocated by the RIR); they are non-transferable, may not be resold without agreement, and are returned by operation of law at the end of the contract. The Client uses them in accordance with the RIR rules (usage justification), configures lawful rDNS, and acquires no ownership right over the addresses. Geolocation can be changed, on request, from a /24 block. From a /24 block (256 addresses) or larger, reinforced compliance rules apply: the Client undertakes to use the block strictly in accordance with the law and the AUP (Article 11), to document the usage justification required by the RIR on request, and to pass on these obligations to its own clients where applicable. Any illegal activity, well-founded abuse report (spam, botnets, phishing, prefix hijacking), or reputational degradation of the block results in the immediate suspension of all or part of the block concerned, without notice or compensation, until remediation or termination, CorceLink remaining the sole judge of the implementation of this precautionary measure. Any order for a /24 block or larger is subject, at the time of ordering, to an express request from the Client for immediate performance of the Service and an express waiver of its right of withdrawal, in accordance with Article L.221-28 4° of the French Consumer Code (see Article 26); once this waiver has been obtained and the block actually made available, the Service is deemed fully performed and no refund or right of withdrawal may be exercised.
• Telecom: provision depends on eligibility and third-party operators. Connection times, number portability and any SLAs are specified in the quote. The Client complies with the regulations applicable to electronic communications.
• Website and web application creation: the Client provides the content and warrants that it holds the related rights. Deliverables are assigned or licensed according to the quote, after full payment. CorceLink does not guarantee any ranking or SEO result, which depends on external factors. Maintenance and hosting are subject to separate services.

16. Intellectual property and licenses

Each party retains its pre-existing rights. Unless expressly assigned in the quote and after full payment, the Client receives a non-exclusive, non-transferable right of use of the deliverables, for its internal needs. CorceLink's tools, methods, know-how and generic components remain its property.

17. Warranties and exclusions

Apart from mandatory legal warranties, the Services are provided without implied warranty. Any specific contractual warranty must be expressly provided in the quote or an appendix. CorceLink does not guarantee that the Services will be free from interruption or error.

18. Liability and caps

CorceLink's liability is limited to direct and proven damage. Indirect damage is excluded (loss of revenue, profit, customers, image, or data where its backup is not within scope). For all damage combined and for any cause whatsoever, CorceLink's total liability is capped at the sums actually paid by the Client for the Service concerned during the twelve (12) months preceding the triggering event. These limitations do not apply in the event of gross negligence, willful misconduct or personal injury.

19. Insurance

CorceLink declares that it holds professional liability insurance with a reputably solvent insurer. A certificate can be provided on request.

20. Confidentiality

Each party protects the other's confidential information and undertakes not to disclose it without prior agreement, except for legal obligations. This obligation survives for 5 years after the end of the contract.

21. Personal data protection (GDPR)

When CorceLink processes personal data on behalf of the Client, it acts as a processor within the meaning of the GDPR. A data processing agreement (DPA) specifies the purposes, categories of data, security measures, sub-processors, durations and reversibility terms. Data is hosted within the European Union. CorceLink notifies the Client as soon as possible in the event of a data breach concerning it.

22. Reversibility, return and deletion

At the end of the contract, CorceLink reasonably assists the Client in retrieving its data in a standard format, according to the terms and costs provided in the quote/appendix. After an agreed return period (failing which, 30 days), CorceLink securely deletes the data and resources, subject to legal retention obligations.

23. Force majeure

Neither party is liable for a breach resulting from a force majeure event within the meaning of French law and case law, including a global supplier outage, a major power or network cut, or a large-scale cyberattack. Performance is suspended for the duration of the event.

24. Assignment and non-solicitation

The contract may not be assigned without prior written agreement, except for intra-group assignment or as part of a restructuring operation. The Client undertakes not to solicit or hire CorceLink staff assigned to the services, during the relationship and for 12 months after its end, unless agreed in writing.

25. Notices

Contractual notices are sent to the contact details indicated in the quote, by registered letter with acknowledgment of receipt or by email with acknowledgment of receipt.

26. Provisions applicable to consumers

Where the Client is a consumer within the meaning of the French Consumer Code, they have a 14-day right of withdrawal for distance contracts, except where expressly waived in the event of immediate performance of the service fully completed before the end of the period. These terms do not deprive the consumer of more protective mandatory legal provisions.

For certain Services whose technical performance begins upon ordering (notably VPS, servers and, in particular, IP address block leasing from a /24 upward), the consumer Client is asked, during the ordering process, to give express agreement to immediate performance of the Service and to expressly waive their right of withdrawal, in accordance with Article L.221-28 4° of the French Consumer Code. The Client acknowledges that once this waiver has been obtained and the Service fully performed (resources actually made available), they can no longer exercise their right of withdrawal, including after payment, even if the 14-day period has not elapsed.

27. Severability, tolerance and entirety

If a provision is held to be void or unenforceable, the others remain in force. CorceLink's failure to invoke a right does not constitute a waiver. These terms, together with the quote and its appendices, express the entire agreement of the parties.

28. Applicable law and jurisdiction

These terms are governed by French law. Failing amicable resolution and subject to the rules protecting consumers, any dispute falls under the exclusive jurisdiction of the courts of Lyon, including in the event of multiple defendants or third-party proceedings.

Special conditions, SLAs, DPAs or specific charters may supplement or clarify these terms depending on the subscribed Service. For any question: [email protected].