End user terms & conditions

XCP-ng

Last update: 12/15/2022

Article 1 - Preamble

The Customer has acquired the right to use XCP-ng, an Open Source virtualization platform software developed by VATES for use under an aGPLv2 license, accessible via the VATES website www.xcp-ng.org (hereinafter the "Site"). The subscription of this license did not give rise to the payment of any royalty as it is a free and open redistribution software (copyleft principle) whose source code is available to users. As such, the use of the XCP-ng platform is subject to the GPL license conditions. As part of the use of XCP-ng software, the Customer wishes to have maintenance support services for XCP-ng. VATES offers a maintenance package to which the Customer has subscribed. These terms and conditions apply to all contracts, quotations, technical and commercial proposals or orders for XCP-ng maintenance services made between VATES and a professional Customer (as defined by the French Consumer Code). The present conditions prevail over any conditions not expressly accepted by VATES and in particular over the Customer's general conditions of purchase. In order to subscribe to a maintenance contract for the Software as provided for herein, the Customer may either subscribe online on the Site via the form provided, or proceed by accepting a quote requested from VATES via the Site. The formal acceptance of a VATES quote is equivalent to an order.

Article 2 – Definitions

In this agreement the following terms are defined as follows: Vates means the company Vates Ltd. whose head office is in Grenoble, 17 rue Aimé Berey, Grenoble, 38000 (France). Customer: means the company who has a right to use XCP-ng and who subscribes to this maintenance. XCP-ng or "Software" means the open source virtualization platform software developed by Vates and provided for use under the aGPLv2 license (https://en.wikipedia.org/wiki/GNU_General_Public_License) Anomaly means any malfunction of XCP-ng, especially in the creation of virtual machines or the management of VMs (migration, disk management) that is the subject of an error message returned by the Software to the Customer. Host: Means a compute server that is under the control of XCP-ng. Pool: Refers to a set of servers that work together to create a virtual infrastructure. XCP-ng Environment: Refers to Hosts controlled by the XCP-ng virtualization platform. Any host controlled by a different XCP-ng installation is a separate virtualization environment. Software Patch: means development or modifications to the XCP-ng Software that may be required to resolve Anomalies. Product Patching: means a service provided by Vates including the creation of Software Patches Incident: means a support request made by the Customer via a ticket on the Customer Portal. Remote Support: means the provision of support services by Vates in the Customer's infrastructure using the secure SSH tunnel provided in Xen Orchestra. This support will primarily be provided from Vates offices. Xen Orchestra: A Vates product whose free version must be deployed in Customer's infrastructure to enable remote support. Primary Contact: means the person designated by Customer to act as its primary representative. The Primary Contact is named in the Agreement and will receive from Vates official notifications and important information and formal notices regarding XCP-ng pro support services. Direct Dev Access: means a service that allows Customers to ask quick questions related to their XCP-ng infrastructure. Direct Dev Access is provided via email or web chat technology. Direct Dev Access is not intended to correct Incidents. Service Level Agreement: means the target timeframes (as set forth in the Appendix hereto and on the Vates website) for Vates to respond to Incidents, create a plan to resolve Incidents. The Service Level Agreement is attached as Appendix 1. Support: means XCP-ng pro support services designed to assist in the maintenance of Customer's System. Customer Portal: means a web service provided by Vates to allow Customers to interact with various elements of the Service, including the creation of a support ticket. System: means the network, hypervisor, or other element for which Customer has subscribed via the www.xcp-ng.com website. Support Matrix: document specifying the maintained versions of XCP-ng

Article 3 – Object

The purpose of these terms and conditions is to determine the conditions under which VATES provides corrective and evolutionary maintenance of XCP-ng.

Article 4 - Duration

The maintenance service for the Software starts on the date of subscription to the maintenance via the website www.xcp-ng.com when the Customer validates the order form or accepts a quotation issued by VATES at the Customer's request via the form made available on the Website. The contract is taken out for an initial period of one year. At the end of this initial period of one year, the maintenance contract is tacitly renewed from year to year. It may be terminated at the end of each contractual year by the Customer sending an e-mail or directly from his Customer interface available on the website www.xen-orchestra.com at least 3 (three) months before the end of the current contractual year. If the Customer terminates the maintenance before the end of a current year, the Customer remains liable for the payment of the full fee for the current year. In the event of a serious breach by one of the Parties of one of its obligations, the other Party may terminate the Contract by operation of law, fifteen days after formal notice has been given by registered letter with acknowledgement of receipt which has remained without effect. In the event of receivership or liquidation proceedings against one of the Parties, this Contract shall be subject to the procedures specified in Articles L.621-28 et seq. of the French Commercial Code. In all cases, the Customer undertakes to pay to Vates the amounts due.

Article 5 - DESCRIPTION OF MAINTENANCE SERVICES

The Direct Dev Access service allows the Customer, via a chat system, to quickly ask technical or design questions about the XCP-ng environment or technology. Access is provided 24 hours a day between 10am and 5pm, but there is no formal service level agreement as it does not take priority over standard support. The Direct Dev Access system is a support system for the use of the Software but is not intended to be used in the event of a system failure or to report support incidents. The purpose of corrective maintenance is to:
  • to provide corrections for all the Anomalies reported by the Customer and found by Vates, either in the form of corrections, or in the form of Corrective Patches made available to the users of XCP-ng;
  • provide updates as necessary to ensure that XCP-ng continues to perform all the functions described in the Documentation, as well as updates reflecting VATES improvements to XCP-ng.
If the reported Anomaly is related to a problem arising from third party elements (such as firmware/drivers related to physical hardware present in the customer server. VATES will make its best efforts to assist the Customer but cannot commit to correcting the Anomaly. The Customer undertakes to make a record of the Anomalies found with the date and time and all technical elements allowing a diagnosis of the cause of the defect. This document will be kept at VATES' disposal. The Customer undertakes to communicate to VATES as soon as possible, spontaneously or at VATES' request, any information likely to be useful for VATES to carry out the maintenance services properly. In practice, the Customer shall report without delay, by opening an incident on the Customer Portal, to VATES any Anomaly indicating all the elements, documents, information necessary to understand the problem as precisely as possible. The Customer undertakes to describe the Anomaly as well as possible. Only the persons on the list of Main Contacts whose details have been indicated by the Customer on the Customer Portal are authorized to enter Incidents on the Customer Portal. If the information provided by the Customer does not allow VATES to carry out a complete diagnosis of the Anomaly, then VATES will contact the Customer to obtain the information necessary for an analysis of the Anomaly. VATES shall not be held responsible for any failure to comply with the SLA due to lack of information provided by the Customer. In addition, the Customer will carry out all operations requested by VATES to better identify the cause of the Anomaly and will give VATES all access to data, systems or information that it may require. If it is indeed a Software Anomaly, once the Anomaly is reproduced, VATES will qualify the Anomaly as Blocking, Major or Minor, and then start working on its correction. Upon notification of the existence of the Anomaly by the Customer, VATES will verify the existence of such Anomaly to correct it, or provide a workaround, subject to the installation by the Customer of all updates made by VATES to XCP-ng. Corrective Maintenance is provided only on the latest version of XCP-ng available online via the website: www.xcp-ng.org (version N), and on the previous version (N-1). The Customer acknowledges that it has ensured that the remote use of the Software can be done from the hardware at its disposal and particularly through its browsers and its connections. To use the Software, the Customer acknowledges having at least : - an Internet connection, - a Microsoft ™ Internet Explorer recent web browser (versions IE8 and higher), FireFox, Safari or others, accepting cookies. All costs necessary for Customer's equipment and connection to the Internet in order to use the Software are the sole responsibility of Customer. 5.3 Evolutionary Maintenance As part of the evolutionary maintenance, the following technical and functional improvements may be provided periodically by VATES (on average every quarter) to the Customer, in order to improve the conditions of use of XCP-ng: (i) corrections of Anomalies previously resolved by workarounds: VATES will provide a release including the Corrective Patches, (ii) new versions of XCP-ng including those related to the evolution of databases, operating systems and hardware. The Customer shall install the new versions or patches sent to him by VATES. 5.4. Time of correction / SLA The commitments in terms of intervention and/or correction and associated levels of criticality, as well as the support availability times are set out in the SLA (Service Level Agreement) attached in Appendix 1. 5.5. Exceptions VATES cannot be responsible for and guarantee the correction under this maintenance agreement of any errors, data corruption or failures caused by misuse of XCP-ng or by the possible incompleteness of the description of an Anomaly, maliciousness of the Customer or misunderstanding on his part. In the event of such incidents, VATES shall nevertheless use all reasonable efforts to assist the Customer to resolve the Anomalies, at the Customer's expense. In addition, the correction of Anomalies reported by the Customer arising from any of the following causes is not covered under this maintenance contract and will therefore, in the event of a request by the Customer for VATES to intervene in these cases, give rise to additional invoicing at VATES' rate in force at the time of the Customer's request: (i) use of XCP-ng not in accordance with its documentation; (ii) failure by the Customer to comply with the requirements indicated by VATES on the Site; (iii) malfunctions affecting the operating system, the hardware, the database or more generally the environment in which XCP-ng is used (iv) malfunctions originating from third party elements, in particular third party software.

Article 6 - Additional services

In case of request for additional assistance, not included in the corrective and/or evolutionary maintenance as defined above, VATES will provide the Customer with a quotation according to the prices in force at the time of the request, within the limits of its competences and its availability for the realization of any technical assistance and training related to XCP-ng.

Article 7 - Financial conditions

7.1. The amount of the maintenance fee is defined according to the number of Guests for the same Pool. The amount is indicated on the order placed by the Customer or on the VATES quote duly accepted by the Customer and valid as an order. This amount is based on the number of Hosts in the Customer's virtual environment, with a minimum number of one Host. In case the Customer adds additional compute Hosts, according to the procedure indicated on the Site, to his environment, he must purchase support for these additional Hosts. If additional Compute Hosts are purchased during the term of this Maintenance Agreement, the annual maintenance fee resulting from the addition of such Hosts will be adjusted pro rata and added to invoices. All Hosts in a Host Pool must have a similar level of support. The number of Hosts in the system's covered Pools will be verified at each incident. NO SUPPORT WILL BE PROVIDED TO A CUSTOMER WHO IS FOUND TO HAVE MORE HOSTS THAN THEY HAVE SUBSCRIBED TO MAINTENANCE FOR. It is the Customer's responsibility to ensure that they acquire support for these additional Hosts before installing them in their XCP-ng virtual environment. Prices are exclusive of taxes. The taxes applied are those provided by the current regulations. In the event of a change in regulations, the new regulations will be implemented on the official date of entry into force. 7.2. Maintenance shall be invoiced in full from the date the order is placed until the end of the first year and, in the event of renewal, at the beginning of each contract year. If a review formula is provided in the Quotation, the annual maintenance fee shall be reviewed annually by application of such formula. Maintenance invoices are payable within 30 days of issuance by wire transfer or check. 7.3. In the event of orders for additional services, these are invoiced at the latest at the end of the month. Invoices are payable within 30 days of their issue. 7.4. Invoices shall contain the mandatory legal information. VATES is not bound by the Customer's internal rules, notices or procedures for processing orders and invoices. 7.5. In the event of non-payment within the contractual time limits, any unpaid amount will automatically bear interest from day to day until the date of its full payment in principal, interest, costs and accessories, at a rate equal to three (3) times the legal interest rate in force, without any prior formality, and notwithstanding any damages that VATES reserves the right to seek judicially. The Customer expressly acknowledges that any costs incurred in the collection of sums due and unpaid by him (costs of proceedings, costs, disbursements and lawyers' and bailiff's fees) shall be deemed to constitute an accessory to VATES' claim. In addition, in accordance with the legal provisions, any delay in payment shall give rise to the payment by the Customer of an indemnity for collection costs of an amount fixed by decree, at the date hereof, at 40 (forty) euros. VATES reserves the right to suspend any Service in the event of non-payment, fifteen (15) days after sending a formal notice to pay, by registered mail, which has remained partially or totally without effect, of the full amount of the sums owed by the Customer within the time limit, and, in general, in the event of non-payment of any invoice issued by VATES which remains unpaid. VATES also reserves the right to terminate by operation of law, with immediate effect, the current maintenance subscription. All unpaid fees, following a bank rejection of a payment by the Customer, will remain the financial responsibility of the Customer. In addition, the failure of the Customer to pay an invoice when due will result in the forfeiture of the term of the other invoices in progress and will consequently allow VATES to demand payment of all other invoices, including those which are not yet due. If, during a previous order, the Customer has failed to fulfil any of its obligations (in particular default or delay in payment), VATES may refuse to sell unless the Customer provides satisfactory guarantees or cash payment. 7.6. Any payment by way of compensation is excluded.

Article 4 - Duration

The maintenance service for the Software starts on the date of subscription to the maintenance via the website www.xcp-ng.com when the Customer validates the order form or accepts a quotation issued by VATES at the Customer's request via the form made available on the Website. The contract is taken out for an initial period of one year. At the end of this initial period of one year, the maintenance contract is tacitly renewed from year to year. It may be terminated at the end of each contractual year by the Customer sending an e-mail or directly from his Customer interface available on the website www.xen-orchestra.com at least 3 (three) months before the end of the current contractual year. If the Customer terminates the maintenance before the end of a current year, the Customer remains liable for the payment of the full fee for the current year. In the event of a serious breach by one of the Parties of one of its obligations, the other Party may terminate the Contract by operation of law, fifteen days after formal notice has been given by registered letter with acknowledgement of receipt which has remained without effect. In the event of receivership or liquidation proceedings against one of the Parties, this Contract shall be subject to the procedures specified in Articles L.621-28 et seq. of the French Commercial Code. In all cases, the Customer undertakes to pay to Vates the amounts due.

Article 5 - DESCRIPTION OF MAINTENANCE SERVICES

The Direct Dev Access service allows the Customer, via a chat system, to quickly ask technical or design questions about the XCP-ng environment or technology. Access is provided 24 hours a day between 10am and 5pm, but there is no formal service level agreement as it does not take priority over standard support. The Direct Dev Access system is a support system for the use of the Software but is not intended to be used in the event of a system failure or to report support incidents. The purpose of corrective maintenance is to:
  • to provide corrections for all the Anomalies reported by the Customer and found by Vates, either in the form of corrections, or in the form of Corrective Patches made available to the users of XCP-ng;
  • provide updates as necessary to ensure that XCP-ng continues to perform all the functions described in the Documentation, as well as updates reflecting VATES improvements to XCP-ng.
If the reported Anomaly is related to a problem arising from third party elements (such as firmware/drivers related to physical hardware present in the customer server. VATES will make its best efforts to assist the Customer but cannot commit to correcting the Anomaly. The Customer undertakes to make a record of the Anomalies found with the date and time and all technical elements allowing a diagnosis of the cause of the defect. This document will be kept at VATES' disposal. The Customer undertakes to communicate to VATES as soon as possible, spontaneously or at VATES' request, any information likely to be useful for VATES to carry out the maintenance services properly. In practice, the Customer shall report without delay, by opening an incident on the Customer Portal, to VATES any Anomaly indicating all the elements, documents, information necessary to understand the problem as precisely as possible. The Customer undertakes to describe the Anomaly as well as possible. Only the persons on the list of Main Contacts whose details have been indicated by the Customer on the Customer Portal are authorized to enter Incidents on the Customer Portal. If the information provided by the Customer does not allow VATES to carry out a complete diagnosis of the Anomaly, then VATES will contact the Customer to obtain the information necessary for an analysis of the Anomaly. VATES shall not be held responsible for any failure to comply with the SLA due to lack of information provided by the Customer. In addition, the Customer will carry out all operations requested by VATES to better identify the cause of the Anomaly and will give VATES all access to data, systems or information that it may require. If it is indeed a Software Anomaly, once the Anomaly is reproduced, VATES will qualify the Anomaly as Blocking, Major or Minor, and then start working on its correction. Upon notification of the existence of the Anomaly by the Customer, VATES will verify the existence of such Anomaly to correct it, or provide a workaround, subject to the installation by the Customer of all updates made by VATES to XCP-ng. Corrective Maintenance is provided only on the latest version of XCP-ng available online via the website: www.xcp-ng.org (version N), and on the previous version (N-1). The Customer acknowledges that it has ensured that the remote use of the Software can be done from the hardware at its disposal and particularly through its browsers and its connections. To use the Software, the Customer acknowledges having at least : - an Internet connection, - a Microsoft ™ Internet Explorer recent web browser (versions IE8 and higher), FireFox, Safari or others, accepting cookies. All costs necessary for Customer's equipment and connection to the Internet in order to use the Software are the sole responsibility of Customer. 5.3 Evolutionary Maintenance As part of the evolutionary maintenance, the following technical and functional improvements may be provided periodically by VATES (on average every quarter) to the Customer, in order to improve the conditions of use of XCP-ng: (i) corrections of Anomalies previously resolved by workarounds: VATES will provide a release including the Corrective Patches, (ii) new versions of XCP-ng including those related to the evolution of databases, operating systems and hardware. The Customer shall install the new versions or patches sent to him by VATES. 5.4. Time of correction / SLA The commitments in terms of intervention and/or correction and associated levels of criticality, as well as the support availability times are set out in the SLA (Service Level Agreement) attached in Appendix 1. 5.5. Exceptions VATES cannot be responsible for and guarantee the correction under this maintenance agreement of any errors, data corruption or failures caused by misuse of XCP-ng or by the possible incompleteness of the description of an Anomaly, maliciousness of the Customer or misunderstanding on his part. In the event of such incidents, VATES shall nevertheless use all reasonable efforts to assist the Customer to resolve the Anomalies, at the Customer's expense. In addition, the correction of Anomalies reported by the Customer arising from any of the following causes is not covered under this maintenance contract and will therefore, in the event of a request by the Customer for VATES to intervene in these cases, give rise to additional invoicing at VATES' rate in force at the time of the Customer's request: (i) use of XCP-ng not in accordance with its documentation; (ii) failure by the Customer to comply with the requirements indicated by VATES on the Site; (iii) malfunctions affecting the operating system, the hardware, the database or more generally the environment in which XCP-ng is used (iv) malfunctions originating from third party elements, in particular third party software.

Article 6 - Additional services

In case of request for additional assistance, not included in the corrective and/or evolutionary maintenance as defined above, VATES will provide the Customer with a quotation according to the prices in force at the time of the request, within the limits of its competences and its availability for the realization of any technical assistance and training related to XCP-ng.

Article 8 - Liability

Each Party shall only be liable for the financial consequences of direct and foreseeable damage caused by its own act in the performance of this maintenance contract. Neither Party shall under any circumstances be liable for indirect or unforeseeable damages, which include, but are not limited to, any loss of profit, commercial loss, loss of turnover or profit, loss of customers, loss of opportunity, inaccuracy or corruption of files or data. VATES is only liable in case of proven fault. The amount of VATES' pecuniary liability is limited to the amount of the annual maintenance fee provided for herein. The limitations and exclusions of liability specified are determined by the balance between the extent of VATES' obligations and the prices of the Services, the amounts of compensation that VATES may be required to pay to the Customer in the event of its liability being called into question and the provisions of the insurance policy covering VATES' professional civil liability. The Customer is aware that the rates charged by VATES are determined by the existence of this limitation of liability.

Article 9 - Reference

The Customer authorises VATES to include its name on a list of references which it may distribute to its customers and prospective customers.

Article 10 - Personal data

VATES n’a pas accès aux données personnelles du Client traitées par le Client. VATES n’accède qu’aux machines virtuelles sans réaliser aucun traitement de données personnelles pour le compte du Client. Le Client est en outre informé que dans le cadre de la gestion de ses données clients et fournisseurs, VATES agit en tant que responsable de traitement au sens du RGPD. A ce titre, VATES informe le Client, que les seules données collectées pour la gestion du compte du Client, telles que les adresses mails des interlocuteurs Client, sont conservées pour les besoins du contrat et le temps du contrat, ce que le Client reconnaît et accepte à la signature des présentes. Ces données collectées sont destinées aux fins de référencement et de gestion de ses clients et fournisseurs, et notamment : • La réalisation de toute opération administrative liée aux contrats, commandes, aux factures, aux règlements et à la comptabilité ; • Le traitement des titres de paiement, • La mise à disposition d’outils de communication permettant la dématérialisation des relations ; Le Client est informé que chaque interlocuteur/utilisateur est en droit de demander à VATES de mettre à jour, de s’opposer, supprimer ou rectifier les données le concernant, pour motif légitime. VATES s’engage en à assurer la confidentialité et la sécurité, et informe le Client et les interlocuteurs/utilisateurs qu’aucune de ces données collectées pour la gestion du compte du Client n’est transférée à un tiers ou hors d’Europe dans le cadre de ce traitement.

Article 11 - insurance

VATES certifies that it holds an insurance policy covering its civil liability, that the payment of premiums are and will remain up to date and undertakes to justify this to the Customer on request. The Customer certifies that it holds an insurance policy covering its civil liability and damage to its property.

Article 12 - privacy

Each Party undertakes to use all appropriate means to maintain the strictest secrecy regarding information and documents designated in writing as confidential by the other Party and to which it has access during the performance of the Services covered by this Agreement. This obligation of confidentiality shall continue for a period of three years after the expiration or termination of this Agreement, except where disclosure is required by law or court order, or where such disclosure is necessary to enforce or prove rights under this Agreement. Information shall not be considered confidential within the meaning of this section if: - was already public at the time of its disclosure or was made public after its disclosure without contravening this Agreement - was known to one of the Parties, without any obligation of confidentiality, at the date of signature of this Agreement, it being incumbent upon that Party to prove it, - are communicated to either Party or its personnel by third parties having obtained them by legitimate means. If necessary, the Parties are authorized to communicate the Contract and the related documents in strict confidence to their auditors, insurers and tax and social security agencies in the event of an audit.

Article 13 - NON-SOLICITATION OF EMPLOYEE

The parties agree, unless previously agreed in writing, not to solicit or employ, directly or indirectly, any employee of the other party assigned to the performance of this contract, even if the initial solicitation is made by the employee. This prohibition extends for the duration of the maintenance contract and the twelve months following the end of the contract. Any breach of this obligation shall oblige the defaulting party to pay the other party, without delay, an amount equal to twelve times the last gross monthly remuneration of the employee concerned by way of contractual compensation.

Article 14 - FORCE MAJEURE / EXTERNAL CAUSES

Neither Party shall be liable to the other if the performance of the Contract is delayed or prevented due to force majeure or external causes. Force majeure shall be understood as defined in Article 1218 of the Civil Code. In this respect, the Parties agree that labor disputes, malfunction or interruption of the electrical network or the regional or national failure of the telecommunications operator(s) shall be considered as external causes within the meaning of this article. The Party affected by a case of force majeure or an external cause shall immediately inform the other Party by the means it deems appropriate, confirmed by registered letter with acknowledgement of receipt, justifying the exceptional circumstances that make it impossible to perform its contractual obligations, and producing all useful justifications. In any event, the Party affected by the force majeure event or the external cause shall make its best efforts to limit its duration and consequences. In the event that the event giving rise to the case of force majeure continues for more than three months, either Party may terminate the Contract by registered letter with acknowledgement of receipt, unless otherwise expressly agreed by the Parties.

Article 14 - FORCE MAJEURE / EXTERNAL CAUSES

Neither Party shall be liable to the other if the performance of the Contract is delayed or prevented due to force majeure or external causes. Force majeure shall be understood as defined in Article 1218 of the Civil Code. In this respect, the Parties agree that labor disputes, malfunction or interruption of the electrical network or the regional or national failure of the telecommunications operator(s) shall be considered as external causes within the meaning of this article. The Party affected by a case of force majeure or an external cause shall immediately inform the other Party by the means it deems appropriate, confirmed by registered letter with acknowledgement of receipt, justifying the exceptional circumstances that make it impossible to perform its contractual obligations, and producing all useful justifications. In any event, the Party affected by the force majeure event or the external cause shall make its best efforts to limit its duration and consequences. In the event that the event giving rise to the case of force majeure continues for more than three months, either Party may terminate the Contract by registered letter with acknowledgement of receipt, unless otherwise expressly agreed by the Parties.

Article 15 - renunciation

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to herein shall not be interpreted for the future as a waiver of the obligation in question.

Article 16 - PARTIAL INVALIDITY

If any provision of this Agreement, or any part thereof, is invalid under any applicable law or statute, it shall be deemed to be unwritten, but shall not invalidate the Agreement or the portion thereof.

Article 17 - Titles

In case of difficulties of interpretation between any of the titles and any of the clauses, the titles will be declared non-existent.

Article 18 - APPLICABLE LAW AND JURISDICTION

This Agreement is governed by French law. ANY DISPUTE OR CONTESTATION TO WHICH THE EXECUTION OF THIS CONTRACT COULD GIVE RISE AND WHICH COULD NOT BE THE OBJECT OF AN AMICABLE AGREEMENT WITHIN THE FRAMEWORK OF THE CONCILIATION PROCEDURE WILL BE UNDER THE EXCLUSIVE COMPETENCE OF THE COMMERCIAL COURT OF GRENOBLE, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR APPEAL IN GUARANTEE, EVEN FOR THE EMERGENCY PROCEDURES OR THE CONSERVATORY PROCEDURES, IN REFEREE OR BY PETITION.

Other user conditions

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