Server monitoring network monitoring

General Terms and Conditions for the Sale and Use

General Terms and Conditions for the Sale and Use
of services offered by Kalimoni
applicable from 01/01/07

1. Field of application and opposability of the General Conditions of Sale and Use

These General Conditions of Sale and Use are applicable, without reservation or restriction, to the ServeurMonitor range of products offered by Kalimoni (hereafter referred to as “the supplier”) through its web sites http://www.kalimoni.com and https://www.serveurmonitor.com. However, in cases where a partnership contract is signed, the partner’s Terms and Conditions shall supersede the present document.

1.1 The ServeurMonitor range of services is based on a suite of servers, which are used for the purpose of monitoring the activity of servers used by Kalimoni subscribers.  The purpose of this range of services is to create a server monitoring control panel, and to detect, then confirm by email or text alert, any event or problem based on predefined threshold values, identified from our clients’ servers.
In addition, the client has access to a suite of online administration tools to enable the checking of individual monitoring parameters and the configuration of alert settings.

1.2 The main features of the ServeurMonitor range of products are defined as follows, and apply to data relating to the components of each module:
- ServeurMonitor system:

• Control panel for the display of data transmitted from the monitored server
• Alert transmission based on default or client-defined settings
• Report generation

- ServeurMonitor Event Viewer Module:

• Control panel for the display of data transmitted from the monitored server
• Alert transmission based on default or client-defined settings
• Report generation

Detailed descriptions of all services and additional options for ServeurMonitor products are available from the following web site: http://www.kalimoni.com/surveillance_serveur_offre.html. Kalimoni reserves the right to make changes to its services at any time, based on the development of new and existing products.
Some ServeurMonitor options incur additional costs. Subscription and payment conditions for these options are described at http://www.kalimoni.com

1.3 All ServeurMonitor services are available for purchase exclusively for professional purposes, with the exception of individual use.

1.4 The service is available to clients in any country, with the exception of those countries with which trade is prohibited by French or international authorities. It is the client’s responsibility to ensure that legislation in his/her country does not prohibit the use of such products before subscribing to any of the supplier’s services.

1.5 The service is only offered in the French language, but may be offered in additional languages at a future date.

1.6 Any physical or moral person who orders one or more products in the ServeurMonitor range from one of Kalimoni’s web sites, or who subscribes to a free trial period, shall accept, fully and unconditionally, the General Terms and Conditions of Sale and Use hereby defined. To accept these Terms, clients should confirm by clicking on “I accept the General Terms and Conditions of Sale and Use”.
These General Terms and Conditions can be accessed through a link at the foot of each page on this web site.

The current General Terms and Conditions of Sale and Use may be modified in response to changes made to the services offered by Kalimoni. Should any such modifications be made, the new Terms shall be approved by the client before any update or new version is installed. Whatever the circumstances, even where no new installations or updates are carried out, the client shall approve the new General Terms and Conditions of Sale and Use when his/her contract is renewed.

 

2. Formation of the Contract

2.1 A contract is formed when the client subscribes to a free trial period or purchases a subscription.
The subscriber must, therefore, ensure that he/she is prepared and able to be bound by Kalimoni’s General Terms and Conditions of Sale and Use.
Subscriptions may only be purchased online and involve several stages, the details of which can be found at http://www.kalimoni.com/surveillance_serveur_acheter.html. At all stages, the client may amend any of the information supplied, go back to any previously submitted information, or cancel his/her request. Instructions for all stages are in French.
2.2 The client may view his/her order details via the client administration interface at (https://www.serveurmonitor.com)
2.3 The contract is binding either after the system module is installed for a free trial period, or after the client confirms the order and receives an email confirming his/her subscription after authorised receipt of payment by Kalimoni.

 

3. Rates and Payment

3.1 Rates applicable to all services are available at http://www.kalimoni.com. Rates are shown in euros and do not include VAT. Kalimoni reserves the right to amend its prices at any time. Any changes will only be applicable to subscriptions purchased or renewed after the new rates are introduced.

3.2 The price shown on the order summary and approved by the client is the price that shall be applied.  Payment is not considered to be completed until the full amount has been paid by the client, and credited to the account of the supplier, unless Kalimoni agrees to accept payment in monthly instalments.

 

4. Activation of the ServeurMonitor service

With the exception of special conditions agreed between parties and stated in a written amendment to the General Terms and Conditions of Sale and Use, the ServeurMonitor service to which the client subscribes is activated under the following conditions:
4.1 For payments by debit/credit card or by direct debit: the service is activated as soon as the order is confirmed by the client, provided that the client has supplied all required bank details and that such details have been authorised by the bank.
4.2 For payments by cheque or bank transfer: the service is activated after receipt of payment in full at the following address: SARL Kalimoni, 12 chemin du Bruley, 69570 Dardilly, FRANCE.
Any cancelled transactions will result in the immediate suspension of our service.

 

5. Contract Duration, Amendments and Renewals

5.1 The contract is binding for the period of 1 (one) year. The contract period begins at 0.00 (midnight) at the start of the day on which the service is activated, as defined in clause 5 of the General Terms and Conditions of Sale and Use.

5.2 Kalimoni will send a subscription renewal reminder to the client, two months before the anniversary of the contract. The client may take this opportunity to terminate the contract.

5.3 On the anniversary of the contract, provided that the subscription has not been terminated by the client in accordance with the conditions set out in clause 6.4, the contract will be renewed automatically, for the provision of the same services, and for the same duration, as the previous subscription.   Payment for the new contract is then payable to Kalimoni by the client. If the client’s previous payment was made by direct debit or credit/debit card, Kalimoni has the right to obtain the due amount by the same payment method.

5.4 If the client does not wish to renew the contract, he/she must inform Kalimoni accordingly at least 1 (one) month before the anniversary of the subscription. Notice of termination must be addressed in writing to Kalimoni and proof of postage should be retained by the client.

 

8. Suspension and Termination

8.1 By the Client:

8.1.1 As stated above, the client may terminate the contract on the anniversary date, by providing a minimum of one month’s notice, in accordance with the conditions set out in clause 6.4 of these General Terms and Conditions of Sale and Use.

8.1.2 When the ServeurMonitor service is active, the client may choose to suspend the monitoring of one or more servers via his/her administration interface. Any suspension of the monitoring service on the part of the client does not represent a suspension of the contract and does not entitle the client to any extension of the duration of the existing subscription.

8.1.3 When the ServeurMonitor service is active, the client may request termination of the service contract with Kalimoni. This request should be addressed to Kalimoni in writing and, in preference, should be sent by recorded delivery.
Provided that the reasons for termination of the contract are in no way due to any error caused by Kalimoni, as defined in clause 8.3, no refund or any form of compensation shall be due to the client.

8.1.4 With the exception of a force majeure or circumstances beyond the control of the supplier, any failure on the part of Kalimoni to meet its obligations may lead to termination of a contract by the client in accordance with the conditions defined in clause 8.3 of these General Terms and Conditions of Sale and Use.

8.1.5 The conditions for the termination of a contract in the case of a force majeure or circumstances beyond the control of the supplier are defined in clause 8.2 of the current General Terms and Conditions of Sale and Use.

8.2 By the Supplier:

8.2.1 The service contract may be suspended or fully terminated by Kalimoni, without compensation to the client, under the following circumstances and conditions:
- In cases where the full subscription amount has not been paid, where payment has been defaulted or authorisation for payment has been denied by the accredited organisation: the contract shall be terminated within 15 (fifteen) days of the start of the agreement as defined in clause 2 of these General Terms and Conditions of Sale and Use.
- In cases where the full payment is defaulted on renewal of the contract, whether the renewal is automatic or at the client’s request: monitoring of the client’s server(s) shall be suspended on the anniversary of the contract. If payment is not made within 15 (fifteen) days from this date, the contract shall be terminated.
- In cases of disruption to Kalimoni’s service by any piece of equipment or software belonging to the client; improper, illicit, illegal or fraudulent use of the service; violation of rights by a third party or violation of any clause in the current General Terms and Conditions of Sale and Use.
- In cases where false information is supplied by the client.
- In cases of a force majeure or events beyond the control of the supplier, under the conditions defined in clause 8.2 of these General Terms and Conditions of Sale and Use.

8.2.2 Where a contract is terminated for whatever reason, data relating to the server covered by the terminated contract can be deleted after one month. Before this period has elapsed, the client has the opportunity to renew the terminated contract without any break in the server history log.   In such cases, the client retains the right to access his/her secure area on the web site: https://www.serveurmonitor.com. When a client’s subscription ceases to be active, all account information is held for one month to enable the client to re-subscribe if he/she wishes to do so.   After this time, Kalimoni may delete all account information relating to the client.

 

9. Kalimoni’s Obligations and Responsibilities

9.1 Kalimoni undertakes to use all means at its disposal to provide its services to the client under optimal conditions, except in the event of an interruption to the service at the request of an administrative or competent legal authority.

9.2 Kalimoni shall not be liable for any delay or nonfulfilment of its obligations if the cause for the delay or nonfulfilment of obligations is the result of a force majeure or circumstances beyond its control, as defined by case law in the French courts.
A force majeure or circumstances beyond Kalimoni’s control shall suspend the supplier from all contractual obligations for the duration of such conditions.

9.3 Except in case of a force majeure or circumstances beyond the control of the supplier, in the unlikely event of Kalimoni’s failure to meet its basic obligations for a consecutive period of more than 24 hours, the client shall be entitled to compensation.
Basic obligations shall be intended to mean: the monitoring of the availability of the service or services to which the client has subscribed and, where necessary, notification to the client when such services become unavailable. Under no circumstances may the provision of access to the web sites http://www.kalimoni.com and https://www.serveurmonitor.com be considered a basic obligation on the part of the supplier.
After verification by Kalimoni’s technical support staff, compensation to the client is awarded in the form of an extension to the duration of the client’s current contract, equal to 10 (ten) times the number of days during which the monitoring service was unavailable.
In the unlikely event that Kalimoni fails to meet its basic obligations for a consecutive period of more than 30 (thirty) days, the client may request termination of the contract by writing to the following address. In preference, any such request should be sent by recorded delivery. SARL Kalimoni, 12 chemin du Bruley, 69570 Dardilly, FRANCE. Kalimoni undertakes to refund a pro rata amount to the client , based on the remaining number of days covered by the subscription following receipt of the client’s written request to terminate the contract. Any such refund shall be made within 30 days of receipt of the client’s letter.

9.4 In view of the nature of the supplier’s basic obligations, Kalimoni is not liable for any alleged loss or damage sustained directly or indirectly by the client as a result of any failure of ServeurMonitor services. In particular, Kalimoni can not be held responsible for: loss of trade, loss of orders, damage to the client’s company image, loss of profit or loss of clients. It is hereby formally agreed that even where the supplier is held responsible by any jurisdiction, Kalimoni shall be required to pay an amount equivalent to no more than the cost of the last annual subscription for each server concerned.

 

10. Maintenance and Updates

Kalimoni reserves the right to interrupt the ServeurMonitor service for technical maintenance work or updates in order to improve the quality of its service. The supplier shall, as far as possible and in good time, give prior notification to the client of such interruptions.

 

11. Agreement of Proof

Except where specifically and expressly covered by the General Terms and Conditions of Sale and Use, the client recognises, during any communication with Kalimoni, the validity and probative power of emails and facsimiles exchanged between the two parties with relation to the service contract. 

 

12. Freedom of Information

In accordance with the French Data Protection Act 78-17, of 6th January 1978, attention is drawn to the fact that all personal information requested from the client is necessary for the processing of the subscription and that such information is for the supplier’s internal use only. The client has the right to access, modify, rectify, object to or delete any information held about him/her. Material published on these websites has been declared to the French National Data Protection Agency, under Reference No. 798868.

 

13. Assignment of Jurisdiction

Any dispute arising from this contract shall be referred to the commercial court in the region of Kalimoni’s registered office. This shall be expressly accepted by the client, even in the event of third party appeals or multiple respondents.

 

14. Applicable Law

All clauses of these General Terms and Conditions of Sale and Use are construed in accordance with French law.