Terms & Conditions

Article 1 — Purpose

These GTC define the conditions under which Net24 provides the Client with an automatic backup internet connection service, including the supply of dedicated equipment, its activation, programming, supervision and technical support ("the Service").

The Service is an internet access continuity solution. It does not constitute a primary internet access service, a telecommunications service within the meaning of the Electronic Communications Code, nor a guarantee of absolute availability of the Client's internet connectivity.

Article 2 — Description of the Service

2.1

The Service includes:

• The provision of preconfigured backup equipment programmed according to the Client's specifications
• Automatic failover of internet traffic in the event of failure of the Client's main connection
• Remote supervision of connection status
• Technical support according to the subscribed plan

2.2 The Service relies on the availability of third-party networks (mobile operators, network infrastructure). Net24 cannot be held responsible for the unavailability, degradation or limitations imposed by these third-party networks, including but not limited to: network congestion, operator maintenance work, geographical coverage limitations, bandwidth restrictions, or any unilateral decision by a third-party operator.

2.3 The bandwidth and performance of the Service in backup mode may vary significantly depending on network coverage, congestion, the Client's geographical location, weather conditions and any other factor beyond Net24's control. No minimum bandwidth is guaranteed.

2.4 The Service is designed to ensure continuity of common professional uses in the event of temporary failure of the main connection. It is not designed or sized to permanently replace a primary internet connection.

2.5 Figures and deadlines mentioned in commercial documentation and on the website (including availability level, failover time, installation duration) correspond to averages observed during internal tests. They are given for information only and do not constitute contractual guarantees or result commitments.

Article 3 — Plans and pricing

3.1 The Service is offered in the following plans:

• Survival: Up to 15 workstations — €119 excl. VAT/month
• Continuity: Up to 30 workstations — €149 excl. VAT/month
• Serenity: Up to 50 workstations — €189 excl. VAT/month
• Resilience: On quote — From 50 workstations or multi-site

3.2 Prices are expressed in euros excluding tax. Applicable VAT will be added.

3.3 One-off activation and programming fees of €290 excl. VAT are invoiced and due upon subscription, including during the trial period. These fees cover preparation, custom configuration and programming of the equipment according to the Client's infrastructure. These fees are in no case refundable, including in the event of cancellation during the trial period, withdrawal or early termination, insofar as the activation and programming service is performed upon subscription.

3.4 Delivery of the equipment is free in mainland France. Net24 reserves the right to charge additional delivery fees for deliveries outside mainland France or in exceptional circumstances.

3.5 Net24 reserves the right to modify its pricing at any time. Any price change will be notified to the Client by email with thirty (30) days' notice. In the event of refusal of the new pricing, the Client may terminate the contract under the conditions set out in Article 8.

3.6 The number of workstations indicated in each plan corresponds to a usage estimate. Net24 reserves the right to propose a plan change to the Client if usage significantly and repeatedly exceeds the sizing of the subscribed plan.

Article 4 — Trial period

4.1 The Client benefits from a fourteen (14) calendar day trial period from the subscription date.

4.2 During the trial period, only activation and programming fees (€290 excl. VAT) are charged. No subscription fee is charged during this period.

4.3 The Client may cancel the Service during the trial period by notifying Net24 by email at contact@net24.io before the expiry of the fourteen (14) day period. In the event of cancellation:

• Activation and programming fees remain due to Net24 and are non-refundable
• The Client must return the equipment within fifteen (15) days of the cancellation notice
• Return shipping costs are entirely at the Client's expense
• The equipment must be returned in good condition, complete and in its original packaging
• The provisions of Article 7 regarding non-return and damage to the equipment apply

4.4 Unless the Client cancels before the expiry of the trial period, the first subscription fee will be automatically charged at the end of the trial period. This date marks the start of the thirty-six (36) month commitment period.

4.5 The Client acknowledges that the trial period is intended to allow them to test the Service. Failure to cancel within the stipulated period constitutes definitive acceptance of the Service and firm commitment for the duration set out in Article 5.

Article 5 — Commitment period

5.1 The contract is concluded for a minimum commitment period of thirty-six (36) months from the date of the first subscription fee charge (i.e. at the end of the trial period).

5.2 At the end of the initial thirty-six (36) month commitment period, and unless terminated under the conditions set out in Article 8, the contract is automatically and tacitly renewed for successive twelve (12) month periods, on the same pricing and contractual terms (subject to any price changes notified in accordance with Article 3.5 and any GTC changes notified in accordance with Article 15). Each renewal period constitutes a new firm twelve (12) month commitment period.

5.3 In accordance with Article L.441-3 of the French Commercial Code, Net24 will inform the Client by email, no later than three (3) months before the renewal date, of the possibility of not renewing the contract and the termination conditions. Failure by the Client to give notice within the period set out in Article 8.1 constitutes express acceptance of the renewal.

5.4 In the event of late termination (after the renewal date), termination will only take effect at the end of the new twelve (12) month commitment period in progress, and fees will remain due until that date.

5.5 The Client declares that they are subscribing to the Service as a professional, in the course of their professional activity. As such, the right of withdrawal provided for in Articles L.221-18 et seq. of the French Consumer Code does not apply, the trial period set out in Article 4 replacing this right.

Article 6 — Payment conditions

6.1 Payment is made by credit card or any other payment method available via the secure Stripe payment platform.

6.2 Activation and programming fees are invoiced and charged immediately upon subscription.

6.3 Subscription fees are automatically charged on the subscription anniversary date, at the end of the fourteen (14) day trial period.

6.4 The Client undertakes to maintain a valid payment method throughout the contract. In the event of payment failure, the Client has seven (7) days to regularise their situation.

6.5 In the event of unpaid default, Net24 reserves the right to:

• Apply late payment penalties at three (3) times the legal interest rate, due as of right and without prior formal notice
• Invoice a flat-rate collection indemnity of forty (40) euros in accordance with Articles L.441-10 and D.441-5 of the French Commercial Code
• Suspend the Service after a formal notice that has remained without effect for fifteen (15) days
• Terminate the contract as of right under the conditions set out in Article 8, without prejudice to amounts still due under the commitment

6.6 Suspension of the Service for non-payment does not suspend either the obligation to pay subscription fees or the counting of the commitment period.

6.7 Any dispute of an invoice must be notified in writing to contact@net24.io within thirty (30) days of the charge date. After this period, payment will be deemed accepted.

6.8 Invoices are made available to the Client electronically. The Client expressly accepts this billing method.

Article 7 — Equipment

7.1 The equipment made available to the Client under the Service remains the exclusive property of Net24 throughout the contract and beyond. The Client is the custodian and undertakes to take care of it with due diligence.

7.2 The Client shall not:

• Dismantle, modify, alter, repair or have the equipment repaired by a third party
• Move the equipment to an address other than that declared upon subscription without prior written agreement from Net24
• Use the equipment for purposes other than those provided for by the Service
• Assign, lend, sublet or make the equipment available to third parties

Any breach of these prohibitions results in forfeiture of any warranty and may result in immediate termination of the contract to the exclusive fault of the Client.

7.3 In the event of equipment malfunction, the Client must contact Net24 technical support. Net24 will, at its sole discretion, carry out remote repair, replacement or update of the equipment.

7.4 The equipment must be returned in good working order, complete and within fifteen (15) days of the end of the contract, whatever the cause. Return shipping costs are entirely at the Client's expense.

7.5 In the event of non-return of the equipment within the stipulated period, Net24 will send the Client a formal notice by email. If not returned within fifteen (15) days of this notice, Net24 will invoice the Client a flat-rate indemnity of five hundred (500) euros corresponding to the replacement value and logistics costs, supporting documents available upon request from the Client. This indemnity is due as of right.

7.6 In the event of return of damaged, incomplete, deteriorated equipment or equipment in a condition that does not allow its reuse, Net24 will invoice the Client a flat-rate indemnity of five hundred (500) euros corresponding to the replacement value and logistics costs, supporting documents available upon request from the Client. The condition of the equipment will be assessed by Net24 upon receipt. The Client has ten (10) days to contest this assessment in writing, with supporting evidence.

7.7 The Client is solely responsible for the loss, theft or damage to the equipment occurring during the contract. In the event of theft, the Client must provide a copy of the police report within seven (7) days. Loss or theft of the equipment gives rise to invoicing of the indemnity set out in Article 7.5.

7.8 Net24 reserves the right to carry out remote software updates to the equipment without notice, in order to ensure the proper functioning and security of the Service.

Article 8 — Termination

8.1 Termination at term

The Client may object to the tacit renewal of the contract by notifying their decision by email to contact@net24.io with read receipt, or by registered letter with acknowledgement of receipt, at least two (2) months before the end of the current commitment period (initial 36 months or 12 month renewal). Failure to notify within this period will result in automatic renewal in accordance with Article 5.2.

Net24 may also object to renewal under the same notice conditions.

8.2 Early termination by the Client

In the event of early termination by the Client before the end of the current commitment period, the Client will be liable for an early termination indemnity equal to the total of the remaining fees due until the end of the current commitment period. This indemnity is due immediately and as of right.

As an indicative example: if the Client terminates in the 12th month of a 36-month commitment with a monthly fee of €149 excl. VAT, the indemnity will be 24 × 149 = €3,576 excl. VAT.

This indemnity constitutes a penalty clause within the meaning of Articles 1231-5 et seq. of the French Civil Code. The parties acknowledge that it represents a reasonable flat-rate assessment of the loss suffered by Net24, taking into account in particular the investment made for the activation, programming and commissioning of the equipment.

8.3 Termination for fault

Net24 may terminate the contract as of right, without notice or indemnity to the Client, in the following cases:

• Unpaid default not regularised within thirty (30) days of a formal notice
• Fraudulent, abusive or unlawful use of the Service
• Breach of the prohibitions set out in Article 7.2
• Non-return of the equipment after formal notice
• Provision of false or inaccurate information upon subscription
• Behaviour harming the integrity of Net24's network or equipment
• Opening of judicial reorganisation or liquidation proceedings against the Client

In all these cases, the full amount of remaining fees until the end of the commitment remains due as indemnity.

8.4 Termination by Net24 for legitimate reason

Net24 reserves the right to terminate the contract with three (3) months' notice in the event of permanent cessation of its activity or discontinuation of the Service. In this case, the Client will be refunded on a pro rata basis for fees paid in advance and not consumed. No other indemnity will be due.

8.5 Termination for force majeure

In the event of force majeure making performance of the Service impossible for a continuous period of more than three (3) months, either party may terminate the contract without indemnity, subject to thirty (30) days' notice.

8.6 Effects of termination

Whatever the cause of termination:

• The Service is deactivated on the effective termination date
• The equipment must be returned in accordance with Article 7.4
• Amounts due remain payable
• Activation and programming fees remain due to Net24
• Articles 9 (Liability), 11 (Confidentiality), 12 (Intellectual property) and 17 (Applicable law) survive termination of the contract

Article 9 — Liability and warranties

9.1 Best efforts obligation

Net24 is bound by a best efforts obligation in the provision of the Service. Net24 undertakes to use all reasonable means to ensure continuity and quality of the Service, without however guaranteeing a specific result, a determined level of availability or a minimum bandwidth.

9.2 Limitation of liability

Net24's liability is expressly limited as follows:

a) Net24 cannot under any circumstances be held liable for indirect damage suffered by the Client, including but not limited to: loss of profit, loss of revenue, loss of customers, loss of data, loss of orders, damage to brand image, commercial loss, loss of opportunity, substitution costs, damage resulting from business interruption.

b) In any event, Net24's total and cumulative liability under the contract may not exceed, for all causes combined, the total amount of sums actually paid by the Client in subscription fees over the six (6) months preceding the triggering event. Activation and programming fees are excluded from this calculation.

c) Net24 cannot be held liable for interruption, degradation or malfunction of the Service resulting from:

• Failure, unavailability or degradation of third-party networks (mobile operators, access providers, internet backbone)
• Failure of the Client's own network, electrical or IT infrastructure
• Poor installation, configuration or use of the equipment by the Client
• Unauthorised movement of the equipment
• Incompatibility of the equipment with the Client's infrastructure
• Electrical disturbances, power cuts, overvoltages or voltage variations
• Natural disasters, fires, floods, storms, lightning
• Acts of vandalism, theft, sabotage or malicious action
• Government, regulatory or judicial intervention
• Cyberattacks, viruses, intrusions or hacking targeting the Client or third parties
• Any event constituting force majeure
• Any cause external to Net24

d) The Client acknowledges having been informed of the technical limitations inherent in the Service and the risks associated with the use of third-party networks. The Client declares that the Service is suited to their needs in light of this information.

9.3 Force majeure

Neither party shall be held liable for failure to perform its contractual obligations if such failure results from a case of force majeure within the meaning of Article 1218 of the French Civil Code. Cases of force majeure include in particular: natural disasters, pandemics, epidemics, strikes, government or administrative decisions, wars, riots, civil unrest, telecommunications network interruptions, large-scale cyberattacks, widespread operator outages, shortages of components or raw materials.

9.4 Warranty exclusion

The Service is provided "as is". Net24 excludes any express or implied warranty, including but not limited to, any warranty as to:

• The suitability of the Service for the Client's specific needs
• The absence of interruption or error in the operation of the Service
• A specific level of bandwidth, latency, availability or quality of service
• Compatibility of the Service with all of the Client's applications, software, equipment or configurations
• The absence of data loss during failover

9.5 It is the Client's responsibility to verify, prior to subscription and throughout the contract, the suitability of the Service to their needs and compatibility with their existing infrastructure. The trial period set out in Article 4 is specifically intended for this purpose.

Article 10 — Acceptable use

10.1

The Service is intended exclusively for professional backup internet use in the event of failure of the Client's main connection. The Client undertakes not to use the Service for:

• Use as a primary or permanent internet connection
• Mass downloading, intensive streaming, cryptocurrency mining or any activity consuming data volumes disproportionate to professional backup use
• Unlawful, fraudulent activities or those contrary to public policy and good morals
• Sending spam or unsolicited commercial communications
• Hosting servers accessible from outside
• Any activity likely to harm the operation of the network or the quality of service of other customers

10.2 Net24 reserves the right to limit, suspend or terminate the Service in the event of abnormal, abusive or non-compliant use of these GTC, after notification to the Client by email. Abnormal use includes in particular data consumption that is manifestly disproportionate to the sizing of the subscribed plan and to backup use.

10.3 Net24 reserves the right to implement traffic management mechanisms (prioritisation, bandwidth limitation, fair use) in order to guarantee the quality of the Service for all its customers. These mechanisms do not constitute a contractual breach by Net24.

Article 11 — Confidentiality

11.1 Each party undertakes to treat as strictly confidential all technical, commercial, financial or strategic information received from the other party under the contract, and not to disclose it to third parties without prior written agreement, except where required by law or court order.

11.2 This confidentiality obligation shall survive termination of the contract for a period of three (3) years.

Article 12 — Intellectual property

12.1 The Service, equipment, software, interfaces, documentation and all associated elements are and remain the exclusive property of Net24 or its licensors. Subscription to the Service does not confer any intellectual property rights on these elements to the Client.

12.2 The Client shall not copy, decompile, disassemble, reproduce or reverse engineer any software or firmware integrated into the equipment.

Article 13 — Assignment and transfer

13.1 The Client may not assign, transfer or pledge all or part of its rights and obligations under the contract without the prior written agreement of Net24.

13.2 Net24 may freely assign, transfer or pledge the contract to any company in its group, to any successor or to any third party in the context of a restructuring, merger, acquisition, business transfer or going concern sale. Such assignment entails the automatic transfer of all rights and obligations under the contract to the assignee. The Client will be informed by email and accepts such assignment in advance.

Article 14 — Personal data

The processing of the Client's personal data is governed by the Privacy Policy accessible at net24.io/confidentialite, which forms an integral part of these GTC. The Client acknowledges having read it.

Article 15 — Amendments to the GTC

Net24 reserves the right to amend these GTC at any time. Amendments will be notified to the Client by email with thirty (30) days' notice before they take effect. Continued use of the Service after the amendments take effect constitutes full and complete acceptance of the amended GTC. In the event of refusal of the amendments, the Client may terminate the contract under the conditions set out in Article 8.

Article 16 — Entire agreement

These GTC, the Privacy Policy and the order process constitute the entire agreement between the parties relating to its subject matter. They replace any prior agreement, proposal, commitment or communication, written or oral, between the parties relating to the same subject matter.

Article 17 — Severability

If one or more provisions of these GTC are held to be invalid or declared as such under a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and effect. The parties shall endeavour to replace the invalidated clause with a valid clause that most closely approximates the original intention.

Article 18 — Waiver

Net24's failure to invoke any provision of these GTC at any given time shall not be interpreted as constituting a waiver of the right to invoke such provision or any other right arising from these GTC subsequently.

Article 19 — Evidence

The parties accept that email exchanges between them shall have probative value. Net24's computerised records (logs, databases, backups) shall be considered as proof of communications, orders, payments and transactions between the parties.

Article 20 — Applicable law and jurisdiction

20.1 These GTC are governed by French law.

20.2 In the event of a dispute relating to the interpretation, performance or termination of these GTC, the parties shall endeavour to find an amicable solution within thirty (30) days of notification of the dispute by one of the parties. In the absence of an amicable agreement, the dispute shall be submitted to the exclusive jurisdiction of the Paris Commercial Court, notwithstanding multiple defendants or joinder.