Special Terms of Sale and Use : System Management

These are the Special Terms of Sale and Use : System Management of Genious Communications S.A.R.L.
This document was last updated on 17 / 12 / 2020

Preamble

These Special Conditions of Sale and Use (hereinafter referred to as “STU”) form the Agreement (“Agreement”) between Genious Communications and any person subscribing to Genious Communications’ System Management service (hereinafter the “Customer”) and sets forth the terms and conditions of Your use of System Management Service.

By using the System Management Services, the Customer acknowledges that He has read, understand and agree to be bound by all the terms and conditions of this Agreement, and further agrees to be bound by the terms of this Agreement for transactions entered into by anyone who uses the account, whether or not the transactions were on the Customer’s behalf and/or authorized by Him.

1. Subject

These Special Terms of Use of System Management and their appendices govern the Customer’s use of Genious Communications’ System Management Services.

These STU and their Appendices shall prevail over the General Conditions if a contradiction appears between these documents.

2. Amendment of the Contract

These STU may be modified, in accordance with the GTSU, in order to take into account any technical or legal evolution.

The use of Genious Communications’ services and its website after any such changes constitutes Your acceptance of those changes.

3. Service performance Conditions

System Management refers to the delegation, by the Customer to Genious Communications, of the operational management and the securing of the hosting of its website and/or application under the following conditions.

3.1. “Managed” type of System Management

For Customers who have subscribed to the “Managed” Support option, Genious Communications takes charge of the administration and the management of the Customer's server, namely:

  1. Server configuration;
  2. Software updates management (server) (major and minor);
  3. Server’s security update;
  4. Incident management with hierarchical and functional escalation;
  5. Assistance, in accordance with the provisions of Appendix 1 "Assistance and Incident Management";
  6. Server’s remote backup with R1Soft (100 Gigs space and a retention period of one week).

3.2. “Fully Managed” type of System Management

For customers who have subscribed to the “Fully Managed” Support option, Genious Communications provides the following services as part of the Managed Services package in the event of an incident, change request or preventive maintenance:

  1. Servers set up;
  2. Software updates management (server) (major and minor);
  3. Implementation of security strategies (Imunify, WAF, Server Access Matrix, ...);
  4. Incident management with hierarchical and functional escalation;
  5. Assistance, in accordance with Appendix 1 “Assistance and Incident Management”;
  6. Quarterly report of the Fully Managed System Management performance (consumption reporting, incident report, ...);
  7. Server’s remote backup with R1Soft (250 Gigs space and a retention period of one month).

4. Term of Contract

This Agreement shall begin upon the date of the service’s activation and shall remain in force throughout the term chosen by the Customer, unless the Service is terminated in accordance with the terms set forth in the GTSU.

5. Genious Communications’ Obligations and Liability

5.1. Genious Communications Obligations

Genious Communications undertakes to take all the necessary care and diligence to provide a quality service in accordance with the practices of the profession and the state of the art. It only responds to an obligation of means.

Genious Communications is committed to:

  1. Take all necessary measures to ensure that the performance of the Service by its teams complies with all regulations in force and, in particular, with the applicable safety standards;
  2. Advise, assist and warn the Client in accordance with the provisions of this Agreement and in a spirit of loyalty and bona fide;
  3. To implement the means necessary for the proper execution of the Service. Genious Communications guarantees the technical competences of its personnel, in particular as for the level of qualification of the people assigned to the performance of the Service.

5.2. Limitation of Genious Communications’ liability

Genious Communications cannot be held responsible for the content of the information, sound, text, images and data accessible on the Customer's Web Site, on its server and/or on its Customer Space, nor for any failure originating from the Customer's misuse of the Service.

6. Customer’s Obligations and liability

6.1. Customer’s Obligations

The Customer undertakes and agrees to:

  1. To provide Genious Communications with all the necessary information for the performance of the System Management service;
  2. To set up the necessary back-up resources to ensure the sustainability of its business.
In the event the Customer violates the above-mentioned terms, Genious Communications may, ipso jure and without notice, terminate this Agreement. In such cases, the Customer will not be entitled to reimbursement by Genious Communications of any paid sums.

6.2. Customer’s liability

The Customer is solely responsible for:

  1. Any loss or damage suffered by its website or the content of its server;
  2. The conservation of independent backup and archive copies of its website or server content;
  3. The security, confidentiality and integrity of all content on its website or server transferred to or stored on Genious Communications' servers.
Under no circumstances can Genious Communications be held liable for any loss, damage or destruction of any content belonging to the Customer.

APPENDIX 1: ASSISTANCE AND INCIDENT MANAGEMENT

1. Genious Communications Assistance resort

The Customer who have subscribed to Dedicated server and System Management with the “Managed” option acknowledges and accepts that the total interventions of the Genious Communications Support team shall not exceed two (2) hours per month.

On the other hand, the Customer who have subscribed to Dedicated server and System Management with the “Fully Managed” option acknowledges and accepts that the total interventions of the Genious Communications Support team shall not exceed five (5) hours per month.

2. Incident Management

If an Incident is reported, Genious Communications Support team will carry out the necessary investigations in order to identify the cause of the malfunction encountered and establish a diagnosis. Genious Communications is expressly authorized by the Customer to connect to the Customer's Services and to carry out any operation necessary to establish the diagnosis.

Genious Communications support team undertakes to inform the Customer within an average period of thirty (30) minutes from the time of the occurrence of the incident.

The Customer undertakes to remain permanently available in order to collaborate with Genious Communications’ team in the diagnosis and resolution of the Incident, in particular by providing it with any additional information, and by carrying out all the necessary tests and verifications.

As part of the management of incidents impacting Customers who subscribed to the “Managed” option, Genious Communications undertakes to:

  1. Process Major Incidents within two (2) hours of their occurrence;
  2. Resolve all requests and incidents within a maximum of four (4) hours starting from the time of reporting or finding the incident.
However, for Customers who subscribed to the “Fully Managed” option, Genious Communications undertakes to:

  1. Process Major Incidents within thirty (30) minutes of their occurrence;
  2. Resolve and process all requests and incidents within a maximum of two (2) hours starting from the time of reporting or observation of the incident.