Purpose
These general terms and conditions of sale (the "Terms") set out the conditions under which TalCloud (the "Provider") supplies its hosting services to any natural or legal person (the "Customer"). They cover in particular game server hosting and virtual private servers (VPS); the provisions relating to web hosting (in French) will apply from its commercial launch. Placing an order implies full and unreserved acceptance of these Terms.
Orders
An order is confirmed once a customer account has been created, the plan selected and payment confirmed. The Customer guarantees that the information provided is accurate. The order confirmation is sent by email and the service is deployed automatically: usually in under 60 seconds for game servers and Discord bots, and in a few minutes for VPS.
Prices
Prices are stated in euros (€), VAT not applicable (art. 293 B of the French Tax Code), and are per month. Plans start at €1.99/month for Discord bot hosting, €1.99/month for web hosting (coming soon), €2.99/month for a Minecraft server, €5.49/month for a FiveM server and €4.99/month for a VPS. The applicable price is the one in force at the time of the order. Any price change to an ongoing service is notified to the Customer at least 30 days before it takes effect; the Customer may then cancel at no cost before that date.
Payment
Payment is made in advance, using the methods offered when ordering (credit or debit card, PayPal and other available methods). Services are provided on a subscription basis with automatic renewal. If payment is not made when due, TalCloud reserves the right to suspend and then terminate the service after a reasonable reminder period.
Term & cancellation
Services are provided with no minimum commitment and renewed for successive one-month periods. The Customer may cancel at any time from their client area; cancellation takes effect at the end of the current period already paid for, with no pro rata refund, unless otherwise provided by law.
Right of withdrawal
A Customer who is a consumer has fourteen (14) days from the conclusion of the contract to exercise their right of withdrawal, without having to give any reason. They may exercise it by any unambiguous statement sent to contact@talcloud.fr.
Where the Customer has expressly requested that performance of the service begin before this period expires, they remain liable, if they withdraw, for an amount proportionate to the service actually provided up to the time they communicated their decision, calculated on the basis of the total agreed price. No amount is due if this request was not obtained in accordance with the law. TalCloud refunds the sums due no later than fourteen days after being informed of the decision to withdraw.
Customer obligations
The Customer undertakes to use the services in compliance with applicable laws and in particular to:
- not host any unlawful or counterfeit content, or content that infringes the rights of third parties;
- not use the services for attacks, spam, unauthorized mining or any fraudulent activity;
- keep their login credentials confidential and take responsibility for the use of their account;
- comply with the legal notice and the terms of third-party game publishers.
Any breach may lead to the immediate suspension or termination of the service, without refund and without prejudice to any legal action.
Availability
TalCloud implements the means necessary to aim for 99.9% availability (availability target) and L3/L4/L7 Anti-DDoS protection. Interruptions may occur for scheduled maintenance, announced in advance where possible, or in the event of force majeure. This figure is a target and not a contractual guarantee: no service level agreement (SLA) with automatic compensation is in place to date.
Liability
Consumer and non-professional Customers
TalCloud is liable for damage caused by the non-performance or improper performance of its obligations under the conditions provided by law. Nothing in these Terms limits or excludes this right to compensation, or the rights arising from the statutory guarantee of conformity for digital services.
Professional Customers
TalCloud is bound by a best-efforts obligation (obligation de moyens). Its liability in respect of a service is capped at the amounts actually paid by the Customer for that service during the twelve months preceding the event giving rise to liability. Indirect damage is excluded, in particular loss of business, revenue or customers.
This cap and these exclusions do not apply in the event of fraud (dol), gross negligence (faute lourde) or personal injury, or in the event of a breach of data security and confidentiality obligations.
Personal data
The Customer's personal data is processed in accordance with the GDPR. How data is collected and retained, and how to exercise your rights, are detailed in our privacy policy. The data is hosted in France.
Governing law & disputes
These Terms are governed by French law. In the event of a dispute, the Customer is invited to first contact support at contact@talcloud.fr in order to seek an amicable solution.
In accordance with articles L.612-1 et seq. of the French Consumer Code (Code de la consommation), a Customer who is a consumer may, after contacting customer service and failing a satisfactory response within two months, use a consumer mediator (médiateur de la consommation) free of charge with a view to the amicable resolution of the dispute.
Failing an amicable agreement, the dispute will be brought before the competent French courts.