General conditions of the services provided by Réseau Koumbit
The following Terms and Conditions ("Terms") apply to all clients of hosting services ("Services") provided by Réseau Koumbit ("Koumbit"). By subscribing to the services offered by Koumbit, including subscriptions by a third-party (partner, reseller or other intermediary), you accept the Terms described in this document.
Software updates
Koumbit manages the technicalities related to the installation and upgrades of the software and hardware. To ensure the security of your data and the quality of the service, Koumbit automatically runs upgrades when necessary. While reasonable precautions are taken to ensure smooth upgrades, they may change how the software works or cause service interruptions.
Backups
Backups are done on a daily basis. This includes the files, databases and emails contained in your account as applicable. A minimum of 7 days of backups are kept.
Requests to restore from a backup are subject to our regular hourly rate ($110 CAD per hour) with a minimum of one billable hour.
Confidentiality
All parties will commit to take all reasonable measures to protect the confidentiality of all information obtained as part of the agreement:
- ensure that all passwords are kept private;
- choose reasonably secure (hard to guess) passwords;
- to not re-use the same passwords used on other services;
- to avoid sharing accounts between multiple people, so that system accesses can be more easily audited;
- protect all backups;
- use secure communication tools for the exchange of any confidential information (or of information that provides access to confidential information);
- share access credentials or permissions on a need to know basis;
- Koumbit will use the information and permissions obtained only to resolve the clearly defined tasks that were requested.
- Koumbit does not share or monetize through third-parties any client information.
- Koumbit will keep data on data storage that is encrypted and thus unreadable by a third party when offline
As part of the services provided by Koumbit (ex: hosting, consulting, upgrades, technical support), the Client authorizes the employees or contractors of Koumbit to access its hosting (or other service or software) instance in order to do the tasks at hand, as part of the conditions outlined in this document.
Acceptable use policy
Services must not be used in creating, facilitating, or attempting, the intentional or unintentional criminal or civil violation of federal, state or other applicable laws or regulations. This includes infringing copyrights, trademarks or patents, transmitting offensive materials including hateful or defamatory material, violating personal privacy.
Services must not be used in creating, facilitating, or attempting (successfully or unsuccessfully) the violation of the security or integrity of the services or other systems of Koumbit or others.
Services must not be used in sending a message to any person who does not wish to receive it (spam).
Koumbit reserves the right to prohibit activities that violate this Acceptable Use Policy (AUP) or may damage its reputation. Violation of this AUP (either direct, indirect or commited by a third party) entitles Koumbit to remove immediately the offending material, establish immediate or temporary filtering, deny access, suspend or terminate Services, or take any other appropriate action, as determined by Koumbit in its sole discretion.
Changes to fees
While Koumbit aims to keep the fees as low as possible, Koumbit may change its fees to ensure the viability of the service. Any change to fees will be communicated within a reasonable delay before the next billing cycle.
Termination
If the Client wishes to cancel the hosting agreement, they must inform Koumbit by email or phone as soon as possible, at least 30 days before the next billing cycle. On demand of the Client, Koumbit will provide a full copy of the database and files of the Client. Client data will be deleted within thirty (30) days following the termination of the service.
Conflicts and arbitrage
These Terms and their APU are applicable under canadian law, wherever the Services are used. In case of disagreement or conflict that cannot be resolved by email, phone or other forms of direct communication, the parties will request in good faith the services of a mediator before starting any legal procedures.
General
We may revise these Terms from time to time. The latest terms will be available at https://www.koumbit.org/en/content/terms-and-conditions. When legally or technically possible, we will notify you by e-mail in advance of making effective changes to these Terms. If you don't agree with the new terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
Disclaimer
Other than as expressly set out in these Terms, neither Koumbit nor its partners, suppliers or extension providers make any specific promises about the Services. We don't make any commitments about the content within the Services, the specific function of the Services, or their reliability, legality, availability, or ability to meet your needs. We provide the Services "AS IS" and you use them at your own risk. To the extent permitted by law, we disclaim all warranties, express or implied, including, without limitation the warranties of merchantability, fitness for a particular purposes, and noninfringement.
Limitation of Liability
To the fullest extent permitted by law, Koumbit and its partners, suppliers and extension providers will not be responsible (under any legal or equitable theory) for: (1) lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary or punitive damages; or (2) any amounts (in the aggregate) in excess of the amount you paid us to use the Services, or (3) any loss or damage that is not reasonably foreseeable or that is outside of their reasonable control.
