SPECIAL CONDITIONS FOR COLLABORATIVE MESSAGING - HOSTED EXCHANGE

Latest version dated May 2, 2017.

ARTICLE 1: OBJECT

The purpose of these particular conditions, supplementing the general conditions of services of WORKING ROLLS ™, is to define the technical and financial conditions relating to the Collaborative Messaging Service provided by WORKING ROLLS ™ and developed by OVH from the Microsoft® Exchange solution. The purpose of these presents is also to define the contractual provisions applicable to the subscription and use of the Service by the Customer.

The present special conditions will prevail over the general conditions if a contradiction should appear between these two documents.

The Service offers Electronic Messaging functionalities allowing the sending and receiving of electronic mails, calendars, file storage spaces, etc.

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ARTICLE 2: MEANS

The Service is accessible via the Internet network via an Internet connection.

WORKING ROLLS ™ markets a collaborative messaging offer developed on the basis of the Microsoft® Exchange solution. The Service has both electronic messaging functions but also a collaborative workspace allowing the exchange of files, the setting up of personal calendars, etc ... As such, WORKING ROLLS ™ recalls that due to the high technicality of the Service, it can only be subject to an obligation of means.

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ARTICLE 3: DESCRIPTION OF THE SERVICE

The Service is defined as an Electronic Messaging solution based on the Microsoft® Exchange solution and allowing, in addition to the functionality of sending / receiving electronic mails, the pooling of resources or information in a collaborative universe among the Accounts created on the domain name on which the Service is installed. As such, it can be calendars, events, files, work tasks, etc.

An Account is defined as a collaborative Messaging space created by the Customer and exclusively dedicated to an end user of the Service. Each Account is based on an Exchange License and has its own storage space.

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ARTICLE 4: CONDITIONS OF SUBSCRIPTION OF THE SERVICE AND ACTIVATION OF THE SERVICE

To be able to subscribe to the service, the Customer must have a Domain Name for which he has the quality of Administrator. In this sense, he acknowledges having the ability to modify the configuration of the Domain Name, the DNS servers, etc.

WORKING ROLLS ™ does not guarantee the compatibility of the Service with all the extensions available for domain names. By way of illustration, among the extensions marketed by WORKING ROLLS ™ on the date of this writing, the .TEL extension is incompatible with the Service. WORKING ROLLS ™ recommends that the Customer check the WORKING ROLLS ™ site for the compatibility of his Domain Name with the Service.

It is imperative that the Customer has the capacity of Administrator of his Domain Name before any subscription to the Service. Indeed, the setting up of the Service may require operations on the configuration of the Domain Name to allow the correct installation of the Service.

It is up to the Customer to check that he complies with the provisions of this article before any subscription to the Service, failing which, he may request the termination of the Service in accordance with the general conditions of service of WORKING ROLLS ™.

The activation of the Service takes place from the validation of the Customer's payment and is characterized by the setting up of the Service and the sending by WORKING ROLLS ™ of access codes allowing its administration.

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ARTICLE 5: CONDITIONS OF PERFORMANCE OF SERVICES

From the validation of the Customer's order by WORKING ROLLS ™, WORKING ROLLS ™ installs the Customer Service. It is then the Customer's responsibility to connect to its management interface to configure the Service.

The Customer must then specify in particular the Domain Name on which he wishes to install the Service and the technical configuration of his Domain Name

The Customer creates Accounts on domain names managed by WORKING ROLLS ™ directly from its management interface, and for which it will be billed or debited under the conditions defined in article 9 hereof.

WORKING ROLLS ™ offers the Customer the possibility of choosing among different Accounts, each presenting a list of available functions. WORKING ROLLS ™ reserves the right to add new functionalities or to develop existing functionalities.

It is up to the Customer to determine which functionalities he wishes to assign to each of his users and to subscribe the corresponding Accounts accordingly. The Customer can subscribe to different types of Accounts on the Service.

ARTICLE 6: WORKING ROLLS ™ OBLIGATIONS

WORKING ROLLS ™ undertakes to provide all the care and diligence necessary to provide a quality service in accordance with professional practice and the state of the art. WORKING ROLLS ™ is committed to:

6.1. Maintain in working order its technical equipment on which the Customer Service is installed.

6.2. Provide access to the Management Interface and to the Service via the Internet. WORKING ROLLS ™ also reserves the right to interrupt the Service to carry out a technical intervention in order to improve its functioning.

6.3. Intervene quickly in the event of an incident not resulting from improper use of the Service by the Customer at the Customer's request for intervention.

6.4. Ensure that the quality of its tools is maintained at the highest level in accordance with the rules and usage of its profession.

6.5. Guarantee the confidentiality of the Customer's Data subject to the correct configuration by the latter of the accesses linked to the Service in accordance with the provisions of Article 8 hereof.

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ARTICLE 7: RESPONSIBILITY OF WORKING ROLLS ™

WORKING ROLLS ™ reserves the right to interrupt the Customer's Service, if this constitutes a danger for the maintenance of the security of the WORKING ROLLS ™ hosting platform, whether following use of said Service. in an abnormal, malicious or fraudulent manner. In this case, WORKING ROLLS ™ will endeavor to inform the Customer beforehand, as far as possible.

WORKING ROLLS ™ cannot be held responsible for the content of information, sound, text, images, form elements, data of any kind, accessible on the Customer Service, or transmitted or put online by the Customer or users of its Service for any reason whatsoever.

WORKING ROLLS ™ cannot be held responsible for the total or partial non-compliance with an obligation and / or failure of operators of transport networks to the Internet world and in particular of the Customer's access provider (s).

Within the framework of electronic mails, WORKING ROLLS ™ cannot guarantee the correct delivery of the electronic mail sent from the Service by the Customer or one of the users of the Service, when the size of the message is greater than the standard size used by the suppliers. of Electronic Mail service namely 10 megabytes (MB).

To guarantee the security of the Service or its proper functioning, WORKING ROLLS ™ reserves the right to limit the technical characteristics of access to the Service and in particular the file transfer rates, the methods of access to the platform or even to block any access from networks or IP addresses considered by WORKING ROLLS ™ to be insecure or malicious.

WORKING ROLLS ™ declines all responsibility in the event of a malfunction of the Service due to its configuration by the Customer.

WORKING ROLLS ™ reserves the right to suspend the Service in the event of use that does not comply with these special conditions, or WORKING ROLLS ™ general conditions of service, laws and regulations in force or contrary to the rights of third parties, or even in in the event of a request made to WORKING ROLLS ™ by a competent authority. Similarly, WORKING ROLLS ™ may be required to access Customer data at the request of these same authorities.

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ARTICLE 8: OBLIGATIONS AND RESPONSIBILITY OF THE CUSTOMER

8.1. The Client acts as an independent entity and therefore alone assumes the risks and perils of its activity. The Customer is solely responsible for the services, applications, software stored on his Service, the content of the information transmitted, disseminated or collected, their use and their updating, as well as all files, in particular address files. The Customer undertakes in particular to respect the rights of third parties, in particular the rights of personality, the intellectual property rights of third parties such as copyrights, rights on patents or on trademarks. Consequently, WORKING ROLLS ™ cannot be held responsible for the content of the information transmitted, disseminated or collected, their use and their updating, as well as any files, in particular address files, for any reason whatsoever. it would be.

WORKING ROLLS ™ can only warn the Customer about the legal consequences that could result from illegal activities on the Service, and release all joint and several liability for the use of data made available to users by the Customer.

It is the same if the Customer uses in a proven way the technique of spamming on the Internet network, which behavior involves without notice the interruption of the service and the termination hereof.

In these cases, the Customer will not be able to claim reimbursement by WORKING ROLLS ™ of the sums already paid.

8.2. The Customer alone shall bear the consequences of any failure to operate the Service resulting from any use, by members of its staff, users of its Service, or by any person to whom the Customer has provided one or more password (s) allowing to connect to all or part of the Service.

Likewise, the Customer and / or users of the Service alone bear the consequences of the loss of the aforementioned password (s).

8.3. The Customer is solely responsible for the creation, management, administration and deletion of the Accounts he subscribes to as part of the Service. As such, it is their responsibility to ensure the proper management of user access to Accounts and any data stored in the collaborative workspace. It is the Customer's responsibility to generate the passwords for each of the Accounts that he creates as part of the Service.

As such, WORKING ROLLS ™ declines all responsibility in the event of an intrusion into the Management Interface or into the Accounts which would be directly attributable to poor access management by the Customer.

8.4. It is the Customer's responsibility to ensure that they have a backup of their data before deleting an Account. In this case, all the data corresponding to this Account will be deleted by WORKING ROLLS ™.

8.5. The Customer undertakes to ensure the security of his data as well as the corresponding access management

to each of the Accounts.

8.6. WORKING ROLLS ™ reminds the Customer that the violation of the secrecy of correspondence is criminally reprehensible in accordance with the provisions of articles 226-15 and 432-9 of the penal code and L33-1 of the postal and electronic communications code.

8.7. The Customer guarantees to be the Administrator of the Domain Name for the duration of the Service

8.8. The Customer agrees not to infringe the WORKING ROLLS ™ or Microsoft® company brands. In the event that costs are incurred by WORKING ROLLS ™ or even by Microsoft®, WORKING ROLLS ™ will inform the Customer and provide him with the supporting documents and the corresponding invoice. The reimbursement of these sums will be requested from the Customer. The Customer can then pay the amount due by check in euros.

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ARTICLE 9: PRICES, PAYMENT AND INVOICING

9.1. Duration and Renewal of the Service When ordering, the Customer selects the initial duration of subscription to the Service (“Initial Duration”).

At the end of the Initial Term, the Service is renewed automatically by successive periods of the same duration (the “Renewal Period (s)”), unless the renewal period is modified or the Service is terminated in accordance with the conditions provided below. below or the General Conditions of Services in force.

When ordering and each time the Service is renewed, an invoice is issued and paid by direct debit from the means of payment registered by the Customer. The Customer undertakes to register a valid means of payment among the available means of payment.

The Client may modify the duration of future Renewal Periods of its Services through its management interface, at least 24 hours before the end of the Initial Term or of the current Renewal Period.

When the Initial Term does not start on the 1st day of a calendar month (starting during the month), the renewal cycle of the Service is realigned on a calendar cycle during the first renewal so that the following Renewal Periods begin on the 1st. day of a calendar month.

Example: The automatic renewal at the end of its Initial Term, of a Service initially subscribed for one (1) year on May 24, 2017, results in the extension of said Service from May 24, 2018 until May 31, 2019).

If the Customer does not want a Service to be renewed at the end of its Initial Term or the current Renewal Period (“Anniversary Date”), it deactivates the automatic renewal feature in its management interface.

To be effective and result in the termination of the Service at the end of the Initial Term or the Renewal Period in progress, the deactivation of the automatic renewal functionality must be carried out under the following conditions:

(a) Regarding the Services in monthly renewal cycle, no later than the 19th day of the month

calendar before 11 p.m. (Paris time),

(b) Regarding Services in a non-monthly renewal cycle (quarterly, semi-annually, annually,

etc.), no later than the 19th day of the calendar month preceding their Anniversary Date before 11 p.m. Paris time (For example: To terminate at the end of its Initial Term, a Service subscribed in June 2017 for one (1) an, the deactivation of the automatic renewal must intervene

before May 19, 2018, 11:00 p.m. PST).

If automatic renewal is deactivated under the conditions provided above, the Service concerned is automatically terminated and deleted at the end of the Initial Term or the Termination Period.

Renewal in progress (including all content and data stored by the Customer as part of the Service). It is the Customer's responsibility to take all necessary measures to ensure the conservation of said content and data before termination of the Service.

The Customer nevertheless retains the possibility of renewing the Service concerned by reactivating the automatic renewal feature up to 24 hours before his Anniversary Date.

9.2. Prices

Monthly and annual rates applicable to the Service are available upon request.

9.3. Options

Any option subscribed to within the framework of the Service will be invoiced according to the conditions applicable to the option and defined on the WORKING ROLLS ™ site. As such, it may be billed per act, per month, per year depending on the type of option.

The duration, as well as the conditions for renewal and termination of certain options or functionalities that may be associated with the Service, may differ from those applicable to the Service. It is up to the Customer to pay attention to it.

9.4. Consequences of late payment

If difficulties appear in the payment of the amount of the invoice sent to the Customer, an email will be sent to the Customer at the address entered in the Manager inviting him to proceed with the payment as soon as possible and at the latest within eight days. to prevent any interruption of service.

Failing receipt of payment and its validation by WORKING ROLLS ™ within eight days of sending this email, WORKING ROLLS ™ will suspend the Service and all Accounts subscribed for the Service.

Any default or unpaid (cancellation of payment by card, lack of funds and / or rejection by our bank following payment by direct debit, etc.) will be considered as late payment.

By express agreement and except postponement requested in time and granted by WORKING ROLLS ™ in a particular and written manner, the total or partial default of payment on the due date of any sum due under the contract will automatically and without prior notice the suspension of all current services, whatever their nature, without prejudice for WORKING ROLLS ™ to use the right to terminate the contract stipulated in article 7 of the WORKING ROLLS ™ General Conditions of Service Exchange.

Any disagreement concerning the invoicing and the nature of the Service must be expressed by e-mail to the WORKING ROLLS ™ support within five (5) days of the renewal invoice.

In the event that costs are incurred by WORKING ROLLS ™ or even by Microsoft®, WORKING ROLLS ™ will inform the Customer and provide him with the supporting documents and the corresponding invoice. The reimbursement of these sums will be requested from the Customer. The Customer can then pay the amount due by check in euros.

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ARTICLE 10: WITHDRAWAL

In accordance with the provisions of the general conditions of service, the Customer (for whom the quality of consumer is retained within the meaning of the provisions of the Consumer Code) expressly accepts the immediate execution of the service from the validation of his order and expressly waives to exercise their right of withdrawal. From the validation of the payment, the Customer will have access to his Management Interface and to the Collaborative Messaging Services and the ability to order the Accounts of his choice. Therefore and in accordance with the terms of Article L 221-28 of the Consumer Code, the Customer will not have the option of exercising his right of withdrawal for any order or renewal of the Service.