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TERMS AND CONDITIONS

TERMS AND CONDITIONS
OUR COMMITMENT

DATAonline.solutions is the english translated version web site of DATAenligne.com.

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

https://dataonline.solutions/terms-and-conditions/

DATAONLINE.SOLUTIONS COMMITMENT

DATAonline.solutions undertakes to provide hosting solutions including communication links and an amount of Internet bandwidth on the choice of available transmission ports as described on the website. DATAonline.solutions undertakes to devote all necessary efforts to ensure the best quality of service to its CUSTOMERS.

Confidentiality Policies

DATAonline.solutions undertakes to use the personal information provided by its CLIENTS only, and exclusively in the context of its day-to-day operations. In any case, these will not be provided or disclosed to a third party without the prior consent of the CLIENT, excluding, where applicable, cases of exceptions presented by legal authorities and collection agencies. The CUSTOMER authorizes DATAonline.solutions to use the name of his company and / or his name as well as his comments as a reference for his advertisements or within texts found on his website. To avoid this policy, the CUSTOMER can send a written notice, by email, asking to withdraw his name and his comments.

Internet connectivity service

DATAonline.solutions undertakes to provide the CUSTOMER with the Internet connectivity service, the IP addresses required by SSL security certificate, a quantity of bandwidth on the choice of available transmission ports, as described on its website. For his part, the CUSTOMER agrees to use the bandwidth provided to him in accordance with the usage policies.

IP Addresses

Each IP address provided to the CLIENT by DATAonline.solutions must be maintained by the CLIENT in accordance with and according to the standards defined by ARIN. DATAonline.solutions provides the CLIENT with a single IP address per virtual server. If desired, the CUSTOMER can request additional IP addresses. DATAonline.solutions may require justifications for each request and reserves the right to assign, or not, new IP addresses at the current costs. At all times, all IP addresses remain under the control of DATAonline.solutions 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 to DATAonline.solutions, we will submit the request to our domain name service provider (the “Registrar”) on your behalf. DATAonline.solutions is not responsible for errors, omissions or failures by the registrar. DATAonline.solutions is responsible for advising the CUSTOMER on any renewal of domain names whose date expires. DATAonline.solutions is not responsible for acquiring domain names for the CLIENT.

Other services

DATAonline.solutions can offer the CUSTOMER an à la carte technical support service on request, if it is not included in the standard DATAonline.solutions offers.

This could be to restart a system, diagnose breakdowns and / or scripts and / or programming, manage DNS zones and / or any other type of request made from your Customer Area which is accessible through the DATAonline.solutions website. The intervention costs for said services may be billed to you at the rate in effect.

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

For “Startup et/ou WordPress 1-Clic” hosting plans, the additional bandwidth rate is $1 per 1GB and $2 per 1GB for additional storage space.

Normal business hours

Regular business hours are Monday through Friday, 9 a.m. to 5 p.m. Eastern Time (ET). Response time outside of normal business hours may vary. If you anticipate needing assistance outside of normal business hours, we suggest that you notify us in advance so that we can provide you with quality service. DATAonline.solutions defines outside business hours as Monday to Friday between 5:01 p.m. and 8:59 a.m. (ET) as well as Saturdays, Sundays and statutory holidays.

Installation, equipment and access

DATAonline.solutions is fully responsible for the equipment supplied to the CUSTOMER and for their installation. The CUSTOMER does not own and cannot exercise any rights over the equipment. Access to the equipment is prohibited. The customer may not, under any circumstances, work or make physical modifications to the equipment.

Billing

All invoices for DATAonline.solutions services are sent by email. The initial invoice must be paid when the account is opened. Subsequent invoices must be fully paid upon receipt.

Payments

The CUSTOMER may pay his invoice on a monthly, quarterly, semi-annual or annual basis via Visa or MasterCard from the secure Customer Area accessible from the DATAonline.solutions website. According to the clauses, terms and conditions, the INTERAC payment is only accepted on annual agreements. NO PAYMENT BY CHECK IS ACCEPTED.

In the event that an invoice remains unpaid after the due date, interest charges will be charged to the account bearing the rate of two percent (2%) per month, and a monthly compound rate which corresponds to a rate of annual interest of 26.86%. Any transaction that will be returned for lack of funds will incur a management fee of $50.00.

DATAonline.solutions will use the information provided by the CUSTOMER to make a payment by credit card on the invoice date automatically and without prior notice. The CUSTOMER will receive a notice following any debits made from his credit card.

In the event that the customer wishes to deactivate the automatic debit function, a request must be made in writing from the Customer Area accessible from the DATAonline.solutions website. To reactivate the function, you must notify us in the same way.

At the first payment or by reactivating the automatic debit function, the CUSTOMER confirms that he has read the clauses, terms and conditions and that he accepts automatic debit as a method of payment. In doing so, the CUSTOMER accepts that DATAonline.solutions withdraws all unpaid amounts and authorizes him to do so on the credit card used. The CUSTOMER authorizes his financial institution which is the issuer of his credit card to debit from his account any amount relating to DATAonline.solutions services. This authorization is valid until an authorized person on the account requests the suspension of the direct debit feature.

Default of payment

Following a non-payment, a notice will be sent to the CLIENT by email to remind him to pay his payment within the next 48 hours. If DATAonline.solutions 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 customer’s account.

DATAonline.solutions reserves the right to cut off access and modify the home page or simply by disconnecting from the network. A minimum fee of $50.00 may be charged to reactivate the account once all outstanding invoices have been paid in full.

Price adjustment and modification

Upon renewal of the service agreement, DATAonline.solutions may modify the prices and fees payable for all or part of the services and products offered. The CUSTOMER undertakes to pay all applicable taxes on the services provided by DATAonline.solutions.

Changes to the account or to the service card

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

Duration of the agreement

The duration of the initial agreement is twelve (12) months following the effective date of the service. 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 prior to the end of the monthly/annual anniversary date of the product or service. The monthly anniversary date corresponds to the day of the month on which the account was initially opened.

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

Refund policies

Prepaid amounts are non-refundable after the first 30 days after activation of the product or service. However, on the monthly anniversary date, and after the end of the commitment period indicated on the accepted service offer, an equivalent credit may be applied to the sums paid in advance in the CLIENT’s account for all products. and services provided by DATAonline.solutions. Billing errors can be credited for a maximum retroactive period of two (2) months.

Payment obligation

The CUSTOMER has the obligation to pay his entire account, even if he does not use it at all.

Usage policies

The CLIENT agrees to comply with DATAonline.solutions clauses, terms, conditions and usage policies throughout its agreement and as described below:

The CUSTOMER agrees to use DATAonline.solutions hosting services only for legal purposes and in accordance with the laws in force. The CUSTOMER undertakes to use the hosting services without harming or harming DATAonline.solutions and / or its customers.

The CUSTOMER understands that the following activities are strictly prohibited:

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

b) violate Canadian laws relating to the control of exports of software or technical information;

c) make false or fraudulent representations in relation to products or services;

d) transmit, distribute or host material that is in contravention of the laws or regulations in force;

e) transmit, distribute or host material protected by copyright, trademarks, trade secrets or other intellectual property rights, without authorization, or obscene, defamatory, life-threatening material private or which poses an illegal or illegal threat;

f) ffacilitate, promote or encourage the performance of one or more of the activities mentioned above, whether by using the DATAonline.solutions network or services or via the network or service of a third party.

Email

In the face of SPAM (unsolicited electronic communication), DATAonline.solutions adopts an attitude of zero tolerance. Any customers with activities associated with sending unsolicited electronic communications are not welcome.

It is strictly forbidden to send unsolicited electronic communications, including and without limiting the scope of the foregoing, commercial advertising, informational announcements as well as any communication sent to a list of so-called “opt-in” addresses. »And whose addresses have not been retrieved by the CLIENT himself in accordance with Law C-28.

The CUSTOMER may not use an e-mail server from another site to forward e-mail without having obtained all the formal authorizations of the latter.

It is also strictly forbidden to transmit unsolicited electronic communications originating from any other network whatsoever, which broadcasts, promotes or is directed in any way towards a hosted location. inside the DATAonline.solutions network.

Hosted content

Legal content is permitted on all DATAonline.solutions hosting products. The CUSTOMER agrees to publish content intended for adults in accordance with applicable laws. DATAonline.solutions reserves the right to remove any content deemed offensive or illegal.

Infrastructure security

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

In addition, it is strictly forbidden to use or distribute tools designed to compromise security; use or access unauthorized data, or even systems or networks, including any attempt to scan, scan or verify the vulnerability of a system or network, or to violate the security devices or authentication measures without having previously obtained the formal authorization of the owner.

Violation

DATAonline.solutions reserves the right to decide, case by case and at its sole discretion, on the measures and sanctions that will be taken in order to counter any violation of the prohibited activities mentioned above. Therefore, any breach of this policy could expose the client to civil or criminal prosecution. DATAonline.solutions may, if applicable and at its sole discretion, block access to the CUSTOMER’s services, temporarily or permanently, suspend or terminate the provision of services. DATAonline.solutions may appeal and collaborate with the police in the investigation of any party suspected of breaking the law.

Availability guarantee

DATAonline.solutions guarantees upto 99.95% availability according to the chosen solution. Certain restrictions apply. The availability guarantee conditions are set out at all times on the DATAonline.solutions site.

Guarantee of availability of the power supply

DATAonline.solutions guarantees the availability of power upto 99.95% according to the Data Center selection. Certain restrictions apply. The exact conditions of the guarantee of availability of the power supply are set out at all times on the DATAonline.solutions site.

Hardware replacement warranty

DATAonline.solutions guarantees the hardware replacement of the dedicated VMs within 4 hours. Certain restrictions apply. The exact conditions of the material replacement guarantee are set out on the DATAonline.solutions site.

Limited liability

THE CUSTOMER ACKNOWLEDGES THAT DATAONLINE.SOLUTIONS ALLOWS OTHER USERS OF THE SERVICE TO INSTALL THEIR SITES IN ITS FACILITIES. DATAONLINE.SOLUTIONS SHALL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES, COSTS OR LOSSES OCCASIONED TO THE CUSTOMER (OR TO THE CUSTOMERS OF THE LATTER) DUE TO AN ACT OR THE MATERIAL OF ANOTHER HOLDER OF THE SERVICE OR THE FAILURE TO ACT BY OF ANOTHER SERVICE HOLDER. CONTRACTUAL, DELICTUAL (IN PARTICULAR CAUSE OF NEGLIGENCE), LEGAL OR OTHER RESPONSIBILITY OF DATAONLINE.SOLUTIONS TOWARDS THE CUSTOMER (OR CUSTOMERS OF THE LATTER) RELATING TO THE PERFORMANCE OR NON-PERFORMANCE, AS THE CASE, OF ANY OBLIGATION ARISING FROM THIS PRESENT AGREEMENT, WITH RESPECT TO ANY CLAIMS WHATSOEVER, IS LIMITED AND SHALL IN NO EVENT EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO DATAONLINE.SOLUTIONS UNDER THIS AGREEMENT DURING THE PERIOD OF THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ARRIVED. DATAONLINE.SOLUTIONS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, INCIDENTAL OR PUNITIVE DAMAGES.

Force majeure

Neither DATAonline.solutions nor the CUSTOMER can be held responsible for a delay, interruption or non-performance of one of its obligations, due to a fortuitous event such as a declared war or not, whether a terrorist attack, a fire, a thunderstorm, a prolonged power outage, a landslide, an earthquake, a computer attack, a computer virus or some 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 without delay. Whoever invokes force majeure undertakes to devote all efforts to put an end to the incidence or to remedy it. This article cannot be invoked to excuse a failure to make a payment when due.

Backup copies

DATAonline.solutions has backup copies for all of its servers. By back-up copies, DATAonline.solutions ensures that the operating systems and basic applications on all servers can be restored quickly. The CLIENT’s sites, applications and data may or may not form part of the backup copies.

The backup copies of DATAonline.solutions do not at any time constitute a backup copy of the CLIENT’s sites, applications and databases. The CUSTOMER must ensure that he has a back-up copy of his sites, applications, databases and hosted content. DATAonline.solutions cannot under any circumstances be held responsible for any damage resulting from the loss of data.

DATAonline.solutions offers data backup solutions with its hosting solutions.

Ownership and copyright

The CLIENT certifies that he is either the owner of the content that he has hosted, or that he holds all the rights to have the content hosted on DATAonline.solutions servers.

Entire agreement

The terms of service, the conditions of use and its appendices constitute the whole of this agreement between the parties, and take precedence over any other proposal, discussion or prior writing between the parties on this matter.

SUBJECT TO ANY EXPRESS STATEMENT IN THIS AGREEMENT, DATAENLIGNE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, EXPRESS OR IMPLIED OR LEGAL AS TO MERCHANTABILITY, DURABILITY OR SUITABILITY FOR THE PURPOSE FOR WHICH THE GOODS OR SERVICES ARE INTENDED. FOR OR MORE AS TO THEIR OWNERSHIP OR COMPLIANCE ELSEWHERE, OR ANY OTHER WARRANTY OR CONDITION UNDER LAW OR LAW, OR IN THE COURSE OF TRANSACTIONS OR COMMERCIAL USE.

Applicable laws and jurisdiction

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

Complaints

Any complaint or abuse noticed on a site hosted by DATAonline.solutions should be sent to abus@DATAenligne.comou by mail at : DATAenligne Inc., Customer Services, 1677, rue Adoncour, Longueuil (Québec) J4J 5L4.

Reservation of rights of DATAonline.solutions inc.

At any time, DATAonline.solutions reserves the right to modify these policies concerning the clauses, terms and conditions. In addition, DATAonline.solutions reserves all rights which have not been expressly granted to it herein.

Version 2.4 – May 2nd, 2025

Confidentiality Policies

https://dataonline.solutions/privacy-policy/

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