General terms and conditions of sale

1. Purpose and scope

The Terms define the rights and obligations of NODYNA and its customers for the ordering and provision of the following services (the “Services”):

• virtual private servers (VPS) and dedicated servers, billed monthly on a subscription basis;
• registration, renewal and transfer of domain names, billed annually;
• premium domains, sold with full ownership or leased monthly.

They apply to consumer and professional customers alike. For the purposes of the Terms:

• a consumer is any natural person acting for purposes that fall outside the scope of their commercial, industrial, craft, liberal professional or agricultural activity;
• a professional is any natural or legal person acting for purposes that fall within the scope of their professional activity.

Provisions specific to one of these categories of customer are identified as such. No provision of the Terms deprives consumers of the rights granted to them by mandatory provisions of law.

Acceptance and amendment of the Terms

Confirming an order constitutes acceptance of the Terms in force on the date of the order, which the customer acknowledges having read. The Terms are available at all times on this page, where they can be saved and printed. The contract is concluded in French. For professional customers, the Terms prevail over any general terms and conditions of purchase of their own, unless otherwise agreed in writing.

NODYNA may amend the Terms; the new terms apply to orders placed after their publication. For ongoing subscriptions, any amendment is notified by email at least 30 days before it comes into force; a customer who does not accept it may terminate their subscription free of charge before that date.

2. Description of the Services

VPS and dedicated servers

NODYNA provides the customer with a virtual private server (VPS) or a dedicated physical server, the specifications of which (processor, memory, storage, bandwidth) are described on the offer page. When ordering, the customer chooses the server's operating system and location from those offered. The servers are hosted in data centres located in Europe and operated by specialist providers; NODYNA remains the customer's sole point of contact.

The customer has full administrator access (“root” access) and administers their server alone: installing and configuring software, applying security updates, managing access and backing up their data. NODYNA only intervenes on the server at the customer's request, or where required by law, by a decision of an authority or by the security of the network.

A reinstallation of the system may be requested at any time; it erases all data on the server. The IP addresses assigned to the customer remain the property of NODYNA or its suppliers and are returned at the end of the contract. Protection against denial-of-service attacks (anti-DDoS) mitigates volumetric attacks, but cannot guarantee that they are completely neutralised.

Domain names

NODYNA registers, renews and transfers domain names with the registry of each extension (for example AFNIC for .fr, Verisign for .com or EURid for .eu), through accredited partner registrars. The domain name is registered in the name of the customer, who is its holder.

The customer must comply with the charters and policies of the registry of the chosen extension, in particular its eligibility rules and dispute resolution procedures (for example the UDRP for generic extensions or AFNIC's SYRELI procedure for .fr). The customer guarantees the accuracy of the information provided for the registration and must keep it up to date: inaccurate information may lead the registry to suspend or delete the domain name. The choice of name is the sole responsibility of the customer, who must check that it does not infringe the rights of third parties (trade marks, company names, surnames, etc.).

Availability. The availability displayed during a search is checked in real time with the registries, but remains indicative: a name may be registered by a third party between the search and the processing of the order, or may be subject to a special price set by the registry. Registration is only secured after payment and its confirmation by the registry. If registration proves impossible, NODYNA informs the customer and refunds in full the amount paid for that domain name.

Incoming transfer. Transferring a domain name to NODYNA requires the customer to be its holder, the name to be unlocked at its current registrar and the customer to provide a valid authorisation code (AUTH or EPP code). The transfer is subject to the registry's rules, which may in particular prohibit it for a certain period after a registration or a previous transfer. As a general rule, the transfer includes a one-year renewal, added to the current expiry date. If the transfer cannot be completed (incorrect code, locked name, objection from the original registrar) and the customer does not resolve the issue, the amount paid is refunded.

Premium domains

NODYNA offers for purchase or lease domain names of which it is the holder (“premium domains”), on the terms stated on their listing page.

Purchase. The purchase entails the transfer of ownership of the domain name to the customer, after full payment of the price. NODYNA carries out the transfer within an indicative period of 7 working days following confirmation of payment, either by giving the customer the authorisation code enabling them to transfer the name to the registrar of their choice, or by changing the holder in the customer's favour. The customer must provide the information required for this operation; the registries' and registrars' own processing times may be added to this period. The domain name is transferred with its current expiry date; its renewal is thereafter the customer's responsibility.

Lease. The lease grants the customer a right to use the domain name for monthly periods. NODYNA remains its holder and configures its DNS records at the customer's request, for example to point it to the customer's website or email service. The lease may be terminated at any time, with effect at the end of the paid month: the right of use then ends and the customer's DNS configuration is removed, which interrupts the services linked to the domain name. The lease does not entail any transfer of ownership, unless a separate purchase agreement is concluded in writing with NODYNA.

Purchase offers. Where the listing of a premium domain allows it, anyone may propose a purchase price. An offer is merely a proposal: it only binds NODYNA once accepted in writing, by email. The sale is then concluded at the accepted price and performed in accordance with the purchase terms described above.

3. Customer account

Every order requires a customer account. The customer must be a natural person of legal age with full legal capacity, or a legal person represented by a duly authorised person. The customer must provide accurate and complete information and keep it up to date from their customer area.

The customer is responsible for the confidentiality of their login credentials and for the actions carried out from their account. They must inform NODYNA without delay of any unauthorised use, at support@nodyna.com.

The customer area allows the customer to track their orders and services, view their invoices, contact support and terminate their subscriptions. The customer may request the closure of their account by email; closure takes effect after the end of their current services.

4. Ordering and formation of the contract

Orders are placed online, in the following steps:

1. the customer selects the Services and their options (operating system, location, registration period, etc.) and adds them to their cart;
2. they log in to their account or create one;
3. they check the summary of their order (Services, essential characteristics, duration, total price and, for subscriptions, the monthly amount) and correct any errors;
4. they accept the Terms, choose their payment method and confirm their order by means of a button clearly indicating that the order entails an obligation to pay.

The contract is concluded upon this confirmation. NODYNA acknowledges receipt of the order by email, then confirms the payment as soon as it is received.

NODYNA may refuse or cancel an order for a legitimate reason, in particular in the event of an abnormal order, a previous payment dispute, suspected fraud or unavailability of the service ordered; any sums paid are then refunded in full.

Orders and invoices remain available in the customer area. Where the order amounts to 120 euros or more, NODYNA keeps the written record of it for ten years and guarantees the customer access to it upon request (Article L213-1 of the French Consumer Code [Code de la consommation]).

5. Prices

Prices are stated in euros, inclusive of all taxes (Incl. 20% VAT). They are expressed:

• per month for VPS, dedicated servers and premium domain leases;
• per year for the registration, renewal and transfer of domain names;
• as a one-off payment for the purchase of a premium domain.

Some offers include set-up fees, payable once when ordering. The total amount payable, fees included, is shown before the order is confirmed; the applicable price is the one in force on that date.

NODYNA may change its prices at any time. For ongoing subscriptions, any increase is notified by email at least 30 days before it applies; a customer who does not accept it may terminate their subscription free of charge before that date. The renewal of a domain name is charged at the price in force on the day it is ordered.

6. Payment

The price is payable in full when ordering, by one of the following means:

• Bank card, via the Stripe secure payment platform. Card details are entered on Stripe's payment page: NODYNA never has access to them. For subscriptions, the customer authorises each monthly instalment to be charged automatically to the registered card, on the anniversary date of the subscription, until termination.
• Bank transfer, to the bank details provided when ordering. The order is processed upon actual receipt of the funds; if they are not received within a reasonable time, the order may be cancelled. For a subscription paid by bank transfer, each instalment must be paid before the end of the current period. Any bank charges are borne by the customer.

An invoice is issued for each payment and made available in the customer area.

If payment of an instalment fails, the customer is informed by email and invited to settle the situation, for example by updating their card. Failing this, the service may be suspended under the conditions set out in the article on suspension and termination for breach.

Professional customers. Any sum unpaid by its due date automatically gives rise, without any prior reminder, to late-payment penalties calculated at the rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, together with a fixed indemnity for recovery costs of 40 euros (Articles L441-10 and D441-5 of the French Commercial Code [Code de commerce]). No discount is granted for early payment.

7. Service activation

Services are activated after confirmation of the card payment or receipt of the bank transfer. The following lead times are given for information only:

• VPS: Activation within 24 working hours, often much sooner.
• Dedicated servers: Activation within 24 to 72 working hours, depending on the configuration.
• Domain names: Registration and renewal generally within one working day. An incoming transfer is usually completed within a few days, depending on the extension and the response of the original registrar.
• Premium domains: Transfer of ownership within 7 working days. For a lease, DNS configuration as soon as the customer has provided the necessary information.

The customer is informed by email as soon as their service is ready. The login details (IP address, username, password) are available in the customer area; for security reasons, the password is never sent by email, and it is recommended that it be changed upon first login.

In the event of a delay, NODYNA informs the customer. If the service is not provided within the stated time or, failing that, within 30 days of the conclusion of the contract, the consumer may, after giving NODYNA formal notice to perform within a reasonable additional period, terminate the contract and obtain a refund of the sums paid, under the conditions laid down by the French Consumer Code.

8. Term, renewal and termination

Monthly subscriptions

VPS, dedicated servers and premium domain leases are subscribed for an indefinite term, with no minimum commitment. The subscription is billed in successive one-month periods, on the anniversary date of the subscription, until it is terminated.

The customer may terminate their subscription at any time from their customer area or by email to support@nodyna.com. Termination takes effect at the end of the current monthly period, which has already been paid: the service remains accessible until that date and no further instalment is charged. NODYNA confirms the termination by email, stating its effective date. The period already begun is not refunded on a pro rata basis, unless otherwise provided by law, in particular where the right of withdrawal is exercised.

On the effective date of termination, the server is shut down and its data is permanently deleted: it is the customer's responsibility to back it up beforehand.

Domain names

Domain names are registered for the period chosen when ordering, of at least one year and within the limit set by the registry. They are not renewed automatically: the customer orders their renewal from their customer area before their expiry date. Reminders may be sent to the customer by email, but they do not relieve the customer of the need to monitor this date themselves.

If it is not renewed, the domain name expires and follows the cycle set by the registry (grace or redemption period, then deletion); it may then be registered by a third party. Restoring it, where still possible, may incur additional fees, which are communicated to the customer beforehand.

The customer may obtain the authorisation code for their domain name at any time in order to transfer it to another registrar, subject to the registry's rules. Once transferred, a purchased premium domain becomes one of the customer's domain names like any other: if it is managed by NODYNA, it is renewed under the same conditions.

9. Right of withdrawal

This article applies to consumers only: professional customers do not benefit from the right of withdrawal.

In accordance with Article L221-18 of the French Consumer Code, consumers have 14 days from the conclusion of the contract to withdraw from it, without having to give reasons for their decision or to bear any costs other than those provided for below.

Performance before the end of the withdrawal period

When ordering, the consumer may expressly request that performance of the service begin before the end of the withdrawal period, for example so that their server is activated without waiting. If they subsequently withdraw, they remain liable for an amount proportionate to the service provided until they communicated their decision to withdraw, calculated on the basis of the agreed price (Article L221-25 of the French Consumer Code).

Exceptions

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for:

• services fully performed before the end of the withdrawal period, the performance of which began with the prior express consent of the consumer, who acknowledged that they would lose their right of withdrawal once the service had been fully performed (1°); this applies in particular to the purchase of a premium domain whose transfer to the customer has been completed;
• the registration, renewal or transfer of a domain name chosen by the customer: the name is supplied according to the customer's specifications and is clearly personalised (3°), and the service is fully performed as soon as it has been processed by the registry.

As long as the transfer of a purchased premium domain has not been completed, the consumer may withdraw and obtain a full refund of the price.

Exercising the right of withdrawal

The consumer must notify their decision before the period expires, by means of an unambiguous statement sent by email to contact@nodyna.com, specifying the service and the order number concerned. They may use the model form below, but are not required to do so. NODYNA acknowledges receipt of the withdrawal by email.

Withdrawal ends the service concerned: the consumer must take care to retrieve their data beforehand. NODYNA refunds the sums paid, less, where applicable, the amount proportionate to the service already provided, without undue delay and no later than 14 days after receiving the consumer's decision. The refund is made using the payment method used for the order, unless the consumer expressly agrees to another method, and at no cost to the consumer.

Model withdrawal form

10. Customer obligations and acceptable use

The customer must use the Services in accordance with the law, the Terms and, for domain names, the registries' rules. They are solely responsible for the content, data, software and services that they host, distribute or make accessible by means of the Services, as well as for the use made of them by their own users.

The following are prohibited in particular:

• sending unsolicited email (spam) and operating open mail relays;
• phishing, identity theft and any form of fraud;
• hosting or distributing malicious software (viruses, ransomware, botnets);
• hosting or distributing illegal content, in particular child-pornographic or terrorist content or content inciting hatred or violence;
• cyberattacks: denial of service, intrusion or attempted unauthorised access to third-party systems, vulnerability scanning without authorisation;
• abusive cryptocurrency mining and, more generally, any use of shared resources that degrades the service provided to other customers;
• any infringement of the rights of third parties, in particular their intellectual property rights, their privacy or their image rights.

It is the customer's responsibility to secure their servers (updates, strong passwords, firewall). A server that has been compromised and is used for malicious purposes may be suspended, even if the customer is not the source of the attack.

Data and backups. The customer is solely responsible for their data and for backing it up. Unless otherwise stated in the description of the offer, the Services do not include any backup: it is the customer's responsibility to copy their data regularly to a separate medium.

NODYNA handles the reports of illegal content or activities sent to it (see the legal notice) and may, on that basis, ask the customer for explanations or restrict access to the service concerned. The customer shall indemnify NODYNA against any third-party claim resulting from use of the Services contrary to the law or the Terms.

11. Suspension and termination for breach

NODYNA may suspend all or part of a service:

• if the customer breaches the Terms, in particular the acceptable use rules;
• if an instalment is not paid;
• on the order of an administrative or judicial authority, or at the request of a domain name registry.

Except in an emergency, suspension is preceded by an email reminder inviting the customer to settle the situation within a reasonable time. In an emergency, in particular where a service is used for a manifestly illegal activity or threatens the security of the network, the infrastructure or other customers, suspension may be immediate; the customer is then informed as soon as possible. In all cases, NODYNA informs the customer of the reason for the suspension.

Suspension does not release the customer from paying the sums due. The service is restored as soon as the situation has been settled; the customer's data is retained during the suspension, unless an authority orders otherwise.

If the situation is not settled within 15 days of the suspension, or in the event of a serious breach, NODYNA may terminate the service concerned by email, without prejudice to any damages to which it may be entitled. The service's data is then deleted.

12. Liability

NODYNA uses all reasonable means to provide services that are compliant and available. Subject to the provisions applicable to consumers below, it is bound by a best-efforts obligation (obligation de moyens).

The Services rely on networks and infrastructure whose uninterrupted operation cannot be guaranteed: NODYNA does not guarantee continuous availability of the Services. Maintenance operations may cause temporary interruptions; NODYNA endeavours to limit their duration and, where they are planned, to inform the customers concerned in advance.

NODYNA cannot be held liable where the damage results from a fault on the part of the customer (in particular a failure to secure their servers or to back up their data, or use of the Services contrary to the Terms), from a decision taken by a registry because of the customer's conduct or a dispute between the customer and a third party, or from an event of force majeure.

Professional customers

NODYNA's liability is limited to direct and foreseeable damage. Indirect damage, such as loss of business, turnover, customers, data or reputation, does not give rise to compensation. In any event, NODYNA's total liability is capped at the amount actually paid by the customer during the 12 months preceding the event giving rise to the damage. These limitations do not apply in the event of gross negligence or wilful misconduct.

Consumers

NODYNA is automatically liable to the consumer for the proper performance of the obligations arising from the contract (Article L221-15 of the French Consumer Code). It may be released from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable to the consumer, to the unforeseeable and insurmountable act of a third party to the contract, or to an event of force majeure. No provision of the Terms limits the rights that consumers derive from the law.

13. Legal guarantees

Consumers benefit from the legal guarantee of conformity for digital content and digital services (Articles L224-25-1 et seq. of the French Consumer Code). NODYNA is liable for any lack of conformity that appears throughout the period of supply of a continuous service, such as a VPS or a dedicated server, and within two years of the supply of a one-off service. Throughout the period of supply of a continuous service, or for one year from the supply of a one-off service, the consumer only has to establish the existence of the lack of conformity, not the date on which it appeared.

The consumer is entitled to have the service brought into conformity without undue delay, free of charge and without significant inconvenience to them. Failing this, or if the lack of conformity is so serious as to justify it, they may obtain a price reduction or, where the lack of conformity is not minor, terminate the contract and obtain a refund. Where applicable, they may also invoke the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code [Code civil]).

To invoke these guarantees, the customer should write to support@nodyna.com.

14. Personal data

NODYNA processes its customers' personal data to manage their accounts, orders and services, in accordance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act (loi Informatique et Libertés). This processing and the rights of data subjects are described in the privacy policy. For the registration of domain names, certain data relating to the holder is passed on to registries and registrars, which may publish it in their WHOIS or RDAP directories in accordance with their own rules.

Data hosted by the customer

For personal data that the customer hosts or processes by means of the Services, the customer is the controller and NODYNA acts as a processor within the meaning of Article 28 of the GDPR. The sole purpose of this processing is the hosting of such data, in the location within the European Union chosen by the customer and for the duration of the service; the nature of the data and the categories of data subjects are determined by the customer. NODYNA undertakes to:

• process such data only to provide the Services, in accordance with the customer's instructions, which consist of the Terms and the customer's use of the Services, and not to access their content except at the customer's request or where required by law;
• ensure that the persons authorised to access the data are bound by confidentiality, and implement appropriate security measures;
• use only the sub-processors listed in the privacy policy, who are bound by equivalent obligations, and inform the customer of any intended change so that they can object to it;
• notify the customer of any breach affecting such data as soon as possible after becoming aware of it;
• assist the customer, insofar as possible and taking into account the nature of the service, in responding to requests to exercise the rights of data subjects and in complying with its security obligations;
• delete the data at the end of the service and make available to the customer the information necessary to demonstrate compliance with these obligations, including in the context of audits conducted under reasonable conditions.

15. Force majeure

Neither party is liable for a failure resulting from an event of force majeure within the meaning of Article 1218 of the French Civil Code, that is, an event beyond its control which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures.

The following may in particular constitute force majeure, where they meet the relevant conditions: a widespread failure of telecommunications or electricity networks, a fire or flood affecting a data centre, a cyberattack of exceptional scale or a decision of a public authority.

Performance of the obligation concerned is suspended for as long as the impediment lasts. If it continues beyond 30 days, either party may terminate the service concerned by email, without compensation; sums paid for any period not provided are then refunded.

16. Complaints and mediation

For any complaint, the customer should write to support@nodyna.com, specifying the service or order number concerned. NODYNA endeavours to respond as soon as possible.

Consumer mediation

In accordance with Articles L612-1 et seq. of the French Consumer Code, the consumer may have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute with NODYNA. The contact details of the competent mediator are provided on simple request by email to contact@nodyna.com.

A dispute may only be referred to the mediator after an attempt to resolve it directly with NODYNA by means of a written complaint, and no later than one year after that complaint. Mediation is optional: the consumer remains free to bring the matter before the competent courts.

17. Governing law and jurisdiction

The Terms are governed by French law. Where the customer is a consumer residing in another Member State of the European Union, this choice does not deprive them of the protection afforded to them by the mandatory provisions of the law of their country of residence.

In the event of a dispute, the parties shall first seek an amicable solution. Failing this:

• the consumer may bring proceedings, at their choice, before one of the courts having territorial jurisdiction under the French Code of Civil Procedure (Code de procédure civile) or before the court of the place where they resided at the time the contract was concluded or the harmful event occurred (Article R631-3 of the French Consumer Code);
• between professionals, any dispute relating to the conclusion, interpretation or performance of the Terms falls, to the extent permitted by law, within the exclusive jurisdiction of the courts within whose jurisdiction the registered office of 2BWEB is located.