Specific Conditions for Colocation
Article 1: Purpose
These conditions are combined with the various conditions present on the Sapinet website.
Sapinet undertakes to maintain the technical and financial conditions of its Housing hosting platforms.
Article 2: Conditions for Service Execution and Billing
Sapinet proceeds with the hosting of the Client’s equipment on its infrastructure following the receipt of the corresponding payment.
The provision of the reserved space determines the initial date on which billing will take effect.
For all information exchanges by email, the date and time on Sapinet’s server will be authoritative between the parties.
This information will be retained by Sapinet for the duration of the contractual relationship, extended by the statute of limitations for any legal action.
Sapinet reserves the right to bill the Client if they request intervention on their equipment by Sapinet.
Article 3: Client Obligations
The Client agrees to install their equipment at their expense and by their personnel, by third parties of their choice (subject to prior notification to Sapinet), or by Sapinet in the pre-selected Datacenter.
Sapinet reserves the right to bill for the setup of the client’s equipment as well as its removal in case of termination.
The Client agrees to subscribe to an insurance policy covering all provisions outlined in the insurance article of these conditions.
The Client agrees to keep the common areas of the Datacenter tidy, clean, and in good condition. The Client will also ensure not to restrict access to any part of the Datacenter. Storing materials in common areas is prohibited, and waste, boxes, and other packaging elements must be stored in the allocated space specifically for this purpose.
The Client must comply with the laws, regulations, and codes of conduct applicable to the Datacenter or its use, as well as the instructions and recommendations made by Sapinet regarding hygiene, safety, and any other relevant matters.
The Client agrees to use their reserved space only for the preservation and operation of their equipment and to cause no damage, harm, nuisance, or interference with any person or property, including but not limited to the Datacenter and/or any equipment owned by third parties that may be located in the Datacenter.
The Client agrees to provide, at any time and within seven (7) days of Sapinet’s request, a complete inventory of their equipment and the details of the cabling they have installed in the Datacenter.
In particular, the Client agrees not to exceed the maximum electrical intensity (amperage) specified by Sapinet for each hosting service, as stated on the order form concluded with Sapinet, and expressly refrains from any actions that could cause a power outage in the Datacenter.
The Client is prohibited from reselling the bandwidth service.
Article 4: Client Rights
The Client can install their equipment in the designated space reserved for them following acceptance by Sapinet.
The installation includes setting up the equipment, connecting it to the electrical and Internet networks via cables previously installed by Sapinet.
Article 5: Client Responsibility
The Client remains fully and solely responsible for their equipment present in the Datacenter.
Consequently, the Client cannot claim any reimbursement, replacement, or any compensation from Sapinet for any potential damage or malfunctions their equipment may suffer.
Article 6: Sapinet Obligations
Sapinet commits to providing the necessary care and diligence to deliver a quality service in accordance with industry practices and standards, and to apply all reasonable care to the execution of the service.
Ensuring the maintenance of their tools at the highest quality level.
Sapinet undertakes to use all available means to provide the Client with optimal service conditions, except in cases where a service interruption is expressly requested by a competent administrative or judicial authority.
Communicating to the Client the applicable hygiene and safety standards and those related to the protection of confidentiality within the Datacenter, without prejudice to the provisions contained herein.
Article 7: Sapinet Responsibility
The parties expressly agree that Sapinet’s liability can only be engaged in the event of proven fault by Sapinet.
Any claim, regardless of its nature, must be addressed by registered letter with acknowledgment of receipt, detailing the grievances and listing the violated provisions, to Sapinet’s head office.
Sapinet cannot be held responsible for the content of information, sound, text, images, formatting elements, data accessible on sites hosted on the Client’s server(s), transmitted or posted online by the Client, for any reason whatsoever.
Each party agrees to be responsible for any damage, involving their tortious liability, they may cause to the other party, its agents, or any third party during the execution of the contract, subject to the provisions stated below.
The Client acknowledges and formally accepts that Sapinet’s liability cannot be directly or indirectly engaged for any damages related to:
- An interruption of service provision independent of Sapinet’s will and/or motivated by any fault of the Client.
- Any incident or interruption of service provision caused by malfunction and/or inadequacy of the Client’s hardware and/or software equipment, regardless of the cause.
- The configuration, management, supervision, and maintenance of the Client’s equipment and their consequences.
- Any disruption or interruption in the supply or operation of telecommunications means provided by the network operators to which the Datacenter is connected, particularly in case of malfunction of the local operator’s network.
Article 8: Duration and Termination
The contract is concluded for an annual period, tacitly renewable, starting from the date the reserved space is made available to the Client.
Each party may terminate the contract by right, without judicial formalities and without compensation, by email or by registered letter with acknowledgment of receipt in the event of force majeure under the conditions provided.
Upon contract termination, service provision will cease immediately, and the Client agrees to pay all outstanding amounts for the subscribed period and to remove their equipment within 24 hours.
Sapinet reserves the right to charge the Client for equipment removal if the client does not have access to the datacenter/rack.