General Terms and Conditions of Sale (GTC)
Preamble
These General Conditions of Sale (GTC) govern the contractual relations between Anthony IT Solutions, French hosting company, and any customer (professional or consumer) who subscribes to a service via the online platform.
They apply to the exclusion of any other condition, unless written derogation accepted by Anthony IT Solutions. Special conditions (in particular CP VPS / dedicated) complete these GTCs when applicable to the ordered service.
1. Identity of the claimant
- Company name
- Anthony IT Solutions
- Head Office
- 251 impasse of the Great Barriers, 74270 Musièges, France
- Siren
- 923 415 152, VAT: FR61923415152
2. Purpose and benefits
Anthony IT Solutions provides hosting and infrastructure services: VPS Linux and Windows, dedicated servers, web hosting, game servers, IP addresses, options (savings, additional IP, etc.) and access to a management client space.
The infrastructure is hosted on the Anthony IT Solutions servers, located in France in the data centre Equinix PA5 (Aubervilliers). The technical characteristics of each offer (CPU, RAM, storage, bandwidth) are those indicated on the product sheet at the time of the order.
3. Customer account and order
- The order involves creating or using a customer account with accurate and up-to-date information.
- The customer is responsible for the confidentiality of his identifiers and any activity carried out from his account.
- The validation of the order and payment (or debit in credits) constitute acceptance of these Terms and Conditions, the Terms and Conditions and the Privacy Policy.
- Anthony IT Solutions reserves the right to refuse or cancel an order in case of suspicion of fraud, prior unpaid payments or failure to comply with the terms of use.
4. Prices and methods of payment
Prices are shown in euros, all taxes included (including VAT) for consumers and duty-free (HT) or tax-free depending on the display for professionals. Anthony IT Solutions may change its rates; the price applicable is that in effect at the time of order.
Methods of payment accepted:
- Bank card (Stripe);
- Revolut (manual payment, validation after receipt);
- Bank transfer (subject to receipt times);
- Customer credits: internal unit of account of the client account.
4.2. Stripe subscription (bank card)
Unless otherwise stated on the checkout (purchase of credits, manual invoice, one-time upgrade), payment by bank card via Stripe subscribes to a recurring subscription for the chosen duration (1, 3, 6 or 12 months, or the duration displayed for the service).
- The customer authorizes Stripe to record the payment method and automatically collect the amount of the following period at each maturity, until effective termination from the customer area.
- The first sample shall be taken at the order. The following levies correspond to the renewal rate displayed for the subscribed duration.
- It is exclusively the customer's responsibility to terminate their subscription via the button "Responding" of the service sheet in the customer area (interconnected with Stripe). A simple message Discord, ticket, e-mail or oral request is not enough to stop sampling.
- Without termination in the client space before maturity, the automatic sampling continues. The sums so deducted remain due and are not reimbursed, unless there is a mandatory legal obligation.
- The bank transfer, Revoulut and the credits remain one-time payments: they do not open an automatic debit. The customer must then manually renew from the client space.
- In the event of a failure to collect, Anthony IT Solutions may restart payment, suspend and terminate service, after notification where possible.
4.3. Customer credit
The account balance is expressed in credits. When purchasing credits, 1 € tax incl. gives entitlement to 1 credit credited to the account, unless otherwise promoted.
- Credits are used exclusively to pay benefits offered by Anthony IT Solutions.
- Credits are not convertible into cash and cannot be repaid to a bank account unless required by law.
- In case of early termination accepted, the balance may be re-credited in credits to the customer account, according to Article 8.
5. Commissioning and time limits
Unless otherwise stated, commissioning shall take place after validation of the payment and, where appropriate, anti-fraud verification. The provisioning times (VPS, game server, etc.) depend on the availability of resources and are indicative.
Access identifiers (panel, SSH, etc.) are transmitted via the client space or by email. The customer undertakes to check the correct reception and report any anomalies within a reasonable time.
6. Duration, renewal and termination
- The services are subscribed for the duration chosen at the order (monthly, quarterly, annual, etc.) and paid in advance for this period.
- When the customer has paid by bank card (Stripe subscription), the service is automatically renewed at the due date for an identical period, by debiting from the registered payment method, as long as the customer has not terminated the subscription from his client area.
- Client Responsibility: Only the customer can stop automatic renewal, from the form of his service (button "Responding to cancel"). Anthony IT Solutions is not required to interrupt a levy on the sole basis of an out-of-customer request (Discord, ticket, e-mail, etc.).
- After termination correctly performed in the customer area, the period already paid remains due and the service remains active until its expiry. No subsequent sampling shall be carried out.
- In the absence of termination in the customer area before due date, the automatic debit takes place. This levy does not qualify for any refund, unless required by law.
- In case of one-time payment (transfer, RevOLUT, credits), the service is not automatically renewed: the customer must renew manually from the customer area.
- E-mail reminders may be sent before expiry; their possible absence does not relieve the customer of his obligation to terminate himself if he wishes to stop the service.
- In case of non-payment on due date, Anthony IT Solutions may suspend and terminate the service, after notification where possible.
- In the event of a serious breach of GTC/GTC (unlawful use, network abuse, unpaid), Anthony IT Solutions may suspend or terminate the service without notice or compensation, in accordance with the law.
7. Right of withdrawal (consumer clients)
Hosting and digital services offered by Anthony IT Solutions are executed immediately after validation of the order, in accordance with Article L221-28 The Consumer Code.
Before any payment, the customer consumer must check the checkout box by which he:
- requests the immediate performance of the service;
- acknowledges that the service may be provided without delay;
- expressly gives effect to its right of withdrawal provided for in articles L221-18 and L221-28 of the Consumer Code.
The order cannot be finalized without this acceptance. The legal 14-day period does not apply: upon validation of the order, the consumer customer no longer has the right to withdraw for the service concerned.
Professional customers: the right of withdrawal does not apply to orders placed in connection with a professional activity.
8. Early termination and pro rata reimbursement
Unless there is a legal requirement or specific agreement, the customer cannot terminate a service until the end of the period already paid. However, an application for early termination may be considered by the media.
If an early termination is accepted, the value of the remaining time shall be calculated pro rata temporis and then a deduction of 15% (discontinuance charges) shall be applied to that amount. The net balance is credited in credits to the client account, and not repaid in cash unless otherwise required by law.
The levies made under an automatic renewal whereas the customer had not terminated the subscription from his client area (Article 6 do not constitute an early termination and do not give rise to any refund.
9. Commercial Guarantee "14 Days Satisfied or Refunded"
Irrespective of the right of legal withdrawal (Article 7), Anthony IT Solutions proposes a voluntary commercial guarantee Limited. It shall only open a refund if all the following conditions are met.
9.1. Opening conditions
- Time limit: the request must be made within 14 calendar days following first service availability (activation / delivery panel), and not the only payment date if provisioning is delayed.
- Cause: one malfunction or a proven failure due to Anthony IT Solutions (extended infrastructure unavailability, failure of provisioning platform side, service not usable while customer configuration is compliant).
- Evidence: an open support ticket with useful elements (offer, IP/hostname, date, symptoms, logs or captures if applicable); Anthony IT Solutions must be able to see the malfunction on the platform side.
- Good faith: account and service in good standing (payment honoured, no suspension for abuse, illegal content or non-payment).
- Perimeter: relevant hosting, VPS, VDS, dedicated server, hosing, web hosting, proxy, game servers, TeamSpeak, bot Discord. Outside guarantee: domain names, additional IP addresses only, one-time fees and non-hosting options.
9.2. Situations covered (examples)
- infrastructure or network failure Anthony IT Solutions making service unavailable abnormally and prolonged;
- delivery/provisioning failure not corrected within a reasonable time;
- technical failure of the platform rendering the service unusable despite a compliant configuration.
9.3. Exclusions
No refund is due under this guarantee in particular in the event of:
- change of opinion, error in choice of offer or request of type "I no longer like it" without breakdown;
- wrong client configuration, scripts/mods/ operating system not installed, passwords, client-side firewall;
- illegal content, spam, network abuse, unauthorized mining, security circumvention;
- suspension or termination for failure to comply with CGV/CGU;
- Planned maintenance announced, force majeure, external DDoS attack outside contractual engagement;
- renewals or periods beyond the first 14 days (the guarantee does not reset to zero at each renewal);
- request out of time, without ticket, or without any element to detect the breakdown.
9.4. Effect if the guarantee is granted
- full refund of the amount of initial period paid for the service concerned (mean of payment of origin or credit counts, as the case may be and the payment provider's constraints);
- the service is relied at the end of the refund;
- This guarantee does not cumulate with any other compensation for the same incident.
9.5. Procedure
- Open a support ticket (incident / billing) within 14 days.
- Diagnostic by Anthony IT Solutions.
- If the conditions are met: refund; otherwise: reasoned answer (and, if applicable, technical correction without reimbursement if the request is unsecured).
10. Legal guarantees (consumers)
The consumer customer is entitled to the legal guarantees of conformity (articles L217-4 et seq. of the Consumer Code) and, where applicable, the guarantee against hidden defects (articles 1641 et seq. of the Civil Code), in accordance with the conditions and time limits laid down by law.
In case of proven non-compliance due to Anthony IT Solutions, the customer can contact the support to search for a solution (correction, delivery or resolution of the contract according to legal circumstances).
11. Client's obligations, acceptable use
The customer undertakes to use the services in accordance with the law, these Terms and Conditions and CGU. The following are prohibited:
- spam, phishing, network attacks (DDoS, scan, intrusion);
- hosting illegal, infringing or infringing content;
- unauthorized cryptocurrency mining, abuse of resources;
- circumvention of security measures or unauthorized resale of services.
The client is solely responsible for hosted content, data backups and the security of its applications, unless it has a backup option.
12. Availability, maintenance and support
Anthony IT Solutions undertakes to implement reasonable means of ensuring continuity of service. No guarantee of absolute uptime is due, except SLA specific mentioned on the offer.
Interruptions may occur for planned or emergency maintenance, security updates or force majeure. The customer will be informed when possible via the client space, status site or email.
The support is accessible via the customer space (tickets). Interventions outside contractual scope may be invoiced separately.
13. Limitation of liability
Within the limits permitted by law, responsibility for Anthony IT Solutions is limited to: direct damage and capped, except for gross negligence or dol, at the amount of tax paid by the customer for the service in question during the Last 12 months.
Anthony IT Solutions cannot be held liable: loss of data not stored by the customer, indirect damage (loss of turnover, image, etc.), malfunctions attributable to the client or third parties (registrar, ISP, third party software), or the consequences of a case of force majeure.
14. Major Force
No party will be liable for a breach due to an event of force majeure within the meaning of Article 1218 of the Civil Code (natural disaster, widespread failure of the data centre, governmental act, mass cyberattack, etc.).
15. Personal data
The processing of personal data is described in Privacy Policy. The customer remains responsible for the data that he or she hosts on behalf of his or her own end-users (register, mentions, subcontracting where applicable).
16. Claims, mediation and dispute resolution
In the event of a complaint, the customer shall first contact the support to [email protected]. Anthony IT Solutions undertakes to acknowledge receipt and seek a friendly solution.
Consumer customer: in accordance with articles L611-1 and R612-1 of the Consumer Code, after unsuccessful amicable action, you can use a consumer mediator free of charge. The contact details of the competent mediator will be communicated on written request.
European Online Dispute Resolution Platform (ELR): https://ec.europa.eu/consumers/odr/
In the absence of an amicable resolution, the dispute shall be brought before the competent courts in accordance with article 17.
17. Applicable law and jurisdiction
These GTCs are subject to French law.
For the professional clients, exclusive jurisdiction is conferred on the courts within the jurisdiction of the registered office of Anthony IT Solutions, unless mandatory rule to the contrary.
For consumer customers, the rules of territorial jurisdiction of the Consumer Code apply; the consumer may refer the matter to the court where he remained at the time when the contract was concluded or the harmful event occurred.
18. Modification of the Terms of Reference
Anthony IT Solutions may modify these GTCs. The applicable version is that published on the site at the date of the order or renewal. Substantial changes will, when required by law, be made known to clients by email or notification in the customer area.
19. Contact
- [email protected]
- Address
- 251 impasse of the Great Barriers, 74270 Musièges, France