General Terms and Conditions of Sale

Alinto is a company whose object is the supply of unified electronic communication services and products, including the supply of messaging services on Internet.

The acquisition of a product or a service implies an acceptance without reserve by the Customer of the present General Conditions of Sale. These General Conditions of Sale will prevail over any other document not expressly approved by Alinto.

ARTICLE 1 – Definitions

The present General Conditions of Sale aim to define the contractual relations between Alinto and the Customer and the conditions applicable to any order made, whether the Customer is a professional or a consumer.

Customer: contracting with Alinto or one of its resellers, to whom is granted the right to use the Services for his use, that of his customers, that of his employees, or any of his representatives.

User: person, group of persons or entity, in the Customer’s organisation or in relation with the Customer, for whom a personal account has been created on the Alinto platform, and who is therefore authorised to access the Services. Each user is assigned a mailbox, an email address, a storage space, and a personal account allowing to identify the corresponding person or a corresponding entity or a group of persons.

Mailbox: Address of type nomutilisateur@masociete.xx and associated with a physical space allowing to store or to make transit of messages and to manage them from computers.

Services: All the messaging services and other services which are proposed to the professional customers on the Alinto platform.

Content: All information, data, text, software, music, sound, photographs, graphic displays, video, or other materials that a user may produce, receive, send, transmit or retain using the Services.

Contract: Agreement between Alinto and the Customer constituted by the acceptance by the Customer of the commercial offer (specified on the order form).

ARTICLE 2 – Object

The present General Conditions of Sale have for object to define the conditions in which Alinto will propose the messaging services to the Customer and to its Users.

Unless otherwise expressly agreed by the parties, they will apply to all contracts concluded with Alinto.

The Customer wishes to enable its Users to use Alinto’s email services by providing mailboxes, mailbox protection systems, or transactional email solutions. These services will be exploited on one or several mutualized computer platforms and put at the disposal of the Customer by Alinto.

ARTICLE 3 – Duration

The contract is concluded for a period of one year from the date of signature and will be renewed by tacit renewal for successive periods of one year, unless a co-contractor has expressed his willingness to terminate the contractual relation.

ARTICLE 4 –Alinto Obligations

4.1. The services provided by Alinto will be hosted and exploited on Alinto infrastructures. Alinto guarantees that all its computer infrastructures are located in France; if in a specific context the services were to be hosted in another country, this would be specified in the service offer.

4.2. Alinto transfers to the customer a right of use of its software, non-exclusive during the duration of the present contract.

4.3. Alinto commits to provide the Customer with a computer access with login and password allowing direct access to all the statistical information concerning the traffic and the administration service of the Customer.

4.4. Alinto commits to make its applications compatible with the main browsers of the European market available on Android, Windows and OSX.

4.5. Alinto certifies that it is in conformity with the provisions of the General Regulation for the Protection of Personal Data. As such, the personal data protection officer (DPO) can be contacted by email at: dpo@alinto.eu.

The provisions are taken concerning the use of personal data as a customer, partner or prospect, when you receive our products & services communications and our news as well as all the information relative to the management of your contract.

Alinto does not manage personal data other than those required for B2B use. It informs its customers through its General Conditions of Use that the actions they can undertake within the framework of the implementation of our contracts must also respect the provisions of the RGPD.

Data collect identification and security are part of the prerequisites of our technical processes. Alinto employees are contractually obliged to implement adequate measures to ensure data security and to report any incidents.

ARTICLE 5 – Customer Obligations

5.1. The Customer commits to inform its Users that their right to use the services must comply with the present conditions provided by Alinto and available on www.alinto.com.

5.2. As this is a professional service, the Users are obliged to regularly check and manage their messages. Any excess of the storage capacity of the Users will be invoiced to the Customer. The Customer is forbidden to carry out large-scale broadcasting operations without having informed Alinto beforehand and having obtained its agreement. Alinto reserves the right to block any account not respecting the usual practices.

5.3. The Customer will be responsible for training and assisting his Users in the use of the service. Alinto cannot be hold responsible for technical problems of access, use or incompatibility with the customer’s computer equipment.

5.4. The Customer authorizes Alinto to mention it as a reference during the whole duration of the contract and for a period of one year after its termination, after validation by the Customer of the support used by Alinto.

Article 6 – Commercial Terms

6.1. Alinto transfers, according to the conditions defined in the Customer Contract, a right of use of its services and as such the Customer will not be required to pay for an exploitation licence during the validity period of the Contract.

6.2. The implementation of the service will be the subject of an offer drawn up in accordance with the Customer’s technical requirements. This offer will be a fixed price and will be invoiced to the Customer when the service is implemented, unless otherwise agreed. An indicative evaluation is mentioned on the offer if it is a standard service. Subscription services will be invoiced annually as a matter of principle, and by derogation by quarter or half-yearly instalments in arrears with an invoice amount of more than €500 exclusive of tax unless otherwise stipulated on the order form.

6.3. At the opening of the service, Alinto gives to the Customer or to his appointed representative an access code to the service to administer his users. From this date, the Customer is autonomous in the creation of a mailbox for a User and accepts the responsibility of the management of the boxes.

6.4. Monthly, Alinto will base its billing on the maximum number of active or existing Mailboxes in the month with a minimum billing of 1 Mailbox per activated domain, even if it does not contain any Mailbox. Upon receipt of the invoice, the customer has 30 days to dispute the number of mailboxes invoiced by letter. After expiration of this period, the billing information shall be deemed to have been accepted by the Customer. Invoicing shall be carried out in arrears. Payment shall be made by direct debit or bank transfer within 30 days. Invoices are payable in euros at 30 days net from the date of invoice, transfer costs being borne by the Customer. Any delay in payment by the Customer will result in the service being cut off, the sums due remaining payable. Penalties are applied in the event of deferred payment or payment incident, based on 3 times the legal interest rate in force with a fixed indemnity for collection costs of €40 – no discount will be granted for early payment Invoices are sent in .pdf format by e-mail. Any postal delivery is charged at €5.

6.5. Services invoiced proportionally to usage, such as sending faxes or SMS, are carried out at the free initiative of the Client or its Users. Any transmission of a message or document to be sent will be invoiced to the Customer based on the conditions defined in the commercial offer.

6.6. When the Customer wishes to have adaptations or additional services to those provided for in the initial order, these services will be the subject of an estimate according to the Customer’s technical requirements. This quotation will be a fixed price and will be invoiced to the Customer when the service is put into production. When the Customer requires Alinto’s assistance for technical services which are attributable to the Customer, these will be invoiced at the time of the execution of these services at Alinto’s tariff.

6.7. A price revision may be applied annually. It shall be calculated at least based on the variation of Syntec index which is (October 2022): 289.4 according to the following formula: PA = PA1*(SA/SA1) where PA is the new applicable price, PA1, the old price, SA the SYNTEC index at the revision date and SA1 the old SYNTEC index. It will also be applied automatically if the service provided to the Customer integrates a product or service provided by a third party and is the object of a unilateral price increase exercised by this third party. In this case, Alinto will have to inform the Customer as soon as possible, and the increase will be calculated based on the increase of the said third party.

6.8. All prices given by Alinto are net of any taxes or withholding taxes as well as net of any bank fees.

Article 7 – Responsibilities

7.1 It is expressly agreed between the parties that the Customer is the owner and is responsible for his Users and their behaviour when using the service. In any case, Alinto can be held responsible for the Content of the messages exchanged by the Users. Alinto does not exercise any preliminary control of any kind on the Information exchanged by the users and does not intervene in any case in their use of the service.

7.2. Each of the parties commits to carry out the contract in the respect of the legislation in the respect with the relevant legislation and makes his own business of all relevant regulatory declarations within the framework of the present contract. The Customer commits himself to comply with the regulations in force on the electronic correspondence and to inform his Users of the rules of use and the possibilities offered by Alinto technologies as regards control of use.

Alinto undertakes to provide any assistance to the Customer within the framework of a legal procedure instituted against the Customer or one of its Users within the framework of the services mentioned in the contract.

7.3. The Customer and its Users acknowledge and accept that the use of technologies such as anti-virus and anti-spam are not subject to alteration of the Content in the legislative sense. The acceptance by the Customer of these services operated by Alinto is done with full knowledge of the facts and under the responsibility of the Customer, who releases Alinto from any responsibility in the treatment of a message, its alteration, its modification, or its suppression during its routing.

Article 8 – Guarantees

8.1. The Customer recognizes that Alinto has an obligation of means regarding as for the good exploitation of the service. Alinto commits itself to implement all the means at its disposal to ensure at best the transport and the storage of the messages and data by the Alinto services. However, considering the nature of the Internet network and the public networks, it cannot be held responsible for losses, delays, corruption of the messages during the use of the service. Alinto’s responsibility could not be engaged in case of force majeure or facts independent of its will, among which, in a non-exhaustive way, the interruption of Alinto services resulting from the failure of the network of any other operator or the failure of the reception equipment of the recipients of the messages.

8.2. In any case, the responsibility of Alinto for any proven prejudice caused to the Customer and Users, other than those mentioned in the previous paragraph, is expressly limited to a sum equal to the price of the services invoiced during the 3 months preceding the notification of the prejudice.

Article 9 – Force Majeure

9.1. If because of force majeure, either party is obliged to interrupt their respective services, the contract will be suspended for the time during which the party or parties are unable to fulfil their obligation(s). It is agreed between the parties that the temporary suspension of the contract will not change the contractual duration.

9.2. For the application of this clause, the parties agree that the following reasons shall be considered as grounds for suspension of the contract and exemption from liability: war, riot, strike, breakdowns and destruction of equipment, stoppage of means of transport and communication, requisitions or legislative or regulatory provisions restricting the subject matter of the contract or free movement, as well as the cases retained by the usual jurisprudence in this area.

Article 10 – Cancellation

10.1. The contract is concluded for a minimum period of one year from the date of its signature, unless expressly stated otherwise. It may then be terminated at any time by either party without the need to give reasons if notice is sent to the other party by registered letter with acknowledgement of receipt and that three months’ notice is given. The parties acknowledge that such termination shall not give rise to any compensation of any kind whatsoever. If the termination is due to the Customer, the notice period will be invoiced to the Customer based on the last invoice issued before termination.

However, if the termination is due to Alinto, the notice period will be six months so that the Customer can find an alternative solution.

10.2. In case of termination, Alinto commits itself to make available the database of users and their messages in a standard format exploitable by another computer system so that the customer can continue the exploitation of its services with another service provider, at its charge to make the recovery and integration works of the data.

10.3 In the event of a breach by either party of any of the obligations provided for in the contract, and in the event of failure to remedy the breach within a period of fifteen days following receipt of notification of the breach sent by registered letter with acknowledgement of receipt, the other party may terminate the contract if it so wishes with immediate effect and without compensation.

The customer has a delay of three months as from the end of the contract to recover his data, after this delay they will be destroyed by Alinto.

Article 11 – Other provisions

11.1. The contract is governed by French law. It can be modified by mutual agreement between the Customer and Alinto. These modifications will be the object of a written amendment to the present contract. Any dispute relating to its execution or its interpretation, which cannot be resolved amicably, will be the exclusive competence of the Commercial Court of Lyon.

11.2. The reference language of the contract is French. In case of divergence of interpretation between the French version of the General Sales Conditions and any other document exchanged with the customer, the French language version will prevail.

11.3 Alinto reserves the right to modify its General Conditions of Sale at any time. In this case, the applicable General Conditions of Sale will be those in force at the date of the order by the customer.

11.4. The parties agree that the provisions of the contract as well as any information communicated by the other party during its negotiation and execution are strictly confidential.

11.5. The parties undertake not to use or allow the use of information exchanged under this contract to compete directly or indirectly with the other party or to allow the use of such information by a natural or legal person competing with the other party.

11.6.. If any of the provisions of the agreement are held to be invalid in whole or in part, the validity of the other provisions shall not be affected. In such a case, the parties undertake to replace the said provision with a valid provision that complies with the spirit and the scheme of the present contract.