Terms of Sale

1. Legal information and scope

These Terms of Sale govern the contractual relationship between Association Zenyx and any individual or legal entity wishing to purchase the services offered on the website https://www.zenyx.eu.

The zenyx.eu website and all services offered are operated by Association Zenyx. The showcase website is hosted by Cloudflare, while the services are hosted on Zenyx's infrastructure.

These Terms of Sale apply to every order placed on the website, by individual and business customers alike, unless specific conditions have been agreed in writing. Every order constitutes full and unconditional acceptance of these Terms of Sale.

2. Description of the services

Association Zenyx offers various hosting services and related services.

• Shared web hosting
• VPS and dedicated servers
• Domain name and DNS management
• Managed services and technical maintenance
• Related assistance and technical support services

Each service is described in detail on the zenyx.eu website. Association Zenyx reserves the right to change its catalogue at any time, without affecting orders that have already been validated.

3. Ordering and sales process

Orders are placed exclusively online on the zenyx.eu website. The Customer selects the desired services, validates the order and proceeds with payment.

Before final validation, an order summary is presented, specifying the service description, duration, total price including all taxes and payment terms. The order becomes firm and final upon receipt of payment by Association Zenyx.

An order confirmation is sent by email. Association Zenyx reserves the right to refuse any order in the event of an existing dispute, non-payment or suspected fraud.

4. Prices and payment terms

The prices shown on the website are expressed in euros (€), including all taxes, for all customers, individuals and businesses alike.

Payment is made online using the secure methods offered on the website. The service is activated as soon as payment has been effectively confirmed.

In the event of a payment incident or delay, Association Zenyx reserves the right to suspend or terminate the services concerned until the situation has been regularised.

5. Term, renewal and termination

The services are provided for the period selected when the order is placed. Unless otherwise stated, subscriptions are automatically renewed on their due date, unless terminated by the Customer before the renewal deadline.

The Customer may request termination of the service at any time from their customer area. Any period that has started is payable and non-refundable, except where mandatory legal provisions provide otherwise.

Association Zenyx may terminate a contract in the event of a serious breach by the Customer of their obligations, including non-payment, use contrary to law or an attack on server security.

Fair use policy

Shared, virtualised or resource-shared services are subject to a fair use policy intended to preserve infrastructure stability and fairness among customers. In particular, the prolonged monopolisation of CPU, RAM, disk input/output, network resources or IP addresses, massive automated processes, unauthorised stress tests, cryptocurrency mining, undeclared public proxies, spam relays and any use degrading the service of other customers are considered excessive or abusive.

If abuse is identified, Association Zenyx may, depending on its severity, issue a corrective notice, temporarily limit the service, carry out a technical migration, immediately suspend the service, terminate it without refund for the current period, or take any other measure strictly necessary to protect the infrastructure.

Suspension, deletion and retention of data

In the event of non-payment, Association Zenyx may suspend the service after an unpaid due date. If the situation is not regularised, data associated with the service may be permanently deleted after a usual period of 15 calendar days following suspension, with a minimum period of 7 calendar days, except where there is a legal obligation to retain it, a request from a competent authority or a protective measure related to abuse.

In the event of manual termination requested by the Customer, fraud, serious abuse, a security risk, a legal requisition or manifestly unlawful content, Association Zenyx may immediately suspend all or part of the service, immediately delete data where necessary, preserve technical information useful for handling the incident, and then permanently delete the data when retaining it is no longer necessary or legally required.

6. Right of withdrawal and immediate activation

For consumer Customers, the statutory withdrawal period is 14 days when it applies to a distance order. When the Customer requests the immediate activation of a digital service or hosting service before the end of this period, they acknowledge that performance begins after their express prior consent.

If the service has been fully performed or activated before the end of the period with express prior consent and express waiver of the right of withdrawal where permitted by law, no refund will be due on the basis of withdrawal. If the service has begun without being fully performed, Association Zenyx may retain the amount corresponding to the part of the service already provided, within the limits provided by law.

7. Liability

Association Zenyx undertakes to provide its services diligently and in accordance with professional standards. It cannot be held liable in the event of an interruption beyond its control, improper use of the service or loss of data resulting from an error by the Customer.

The Customer remains solely responsible for hosted content and for ensuring its compliance with applicable laws and regulations.

Availability, maintenance and absence of an SLA

Unless a contract or offer expressly states an SLA, the services are provided without a quantified availability guarantee. Scheduled maintenance, security emergencies, network interventions, attacks, hardware incidents, unavailability of third-party providers, force majeure and actions necessary to protect the infrastructure do not automatically give rise to compensation.

Backups and restoration

Unless otherwise stated in the subscribed offer, the Customer is solely responsible for their backups, exports, configurations and restoration methods. Any backups that may be offered by Association Zenyx are provided as a convenience and without an absolute guarantee of integrity, availability or complete restoration.

For business Customers, and within the limits permitted by law, Association Zenyx's total liability under a service is capped at the amounts actually paid by the Customer for the service concerned during the three months preceding the incident. Indirect damages, operating losses, loss of turnover, loss of data not backed up by the Customer and damage to reputation are excluded.

8. Privacy policy

Association Zenyx collects and processes only the data necessary for creating and managing accounts, fulfilling orders, invoicing, support, infrastructure security, fraud prevention, compliance with legal obligations and defending its rights.

The legal basis for processing may be performance of the contract, compliance with a legal obligation, Association Zenyx's legitimate interest in securing its services and preventing abuse, or consent where required.

Data may include identification and contact information, billing data, order histories, support tickets, technical logs, IP addresses, security information and traces necessary to detect abuse. The retention period varies according to the purpose: during the contractual relationship, then for the applicable statutory periods or the periods necessary for evidence, collection, security and dispute management.

Data may be shared with technical processors or providers necessary for the service to operate, including payment, hosting, email routing, support, security, technical analysis and accounting obligations. Association Zenyx does not sell personal data.

In accordance with the GDPR (EU 2016/679), the Customer has rights of access, rectification, erasure, restriction, objection and portability where these rights apply. These rights may be exercised by contacting [email protected] or the DPO at [email protected].

9. Intellectual property

All elements of the zenyx.eu website are the exclusive property of Association Zenyx or its partners. Any reproduction, representation or distribution without prior written authorisation is strictly prohibited.

10. Applicable law and jurisdiction

These Terms of Sale are governed by French law. In the event of a dispute, the competent courts will be those within the jurisdiction of Association Zenyx's registered office, except where mandatory legal provisions provide otherwise.

11. Contact

For any question concerning these Terms of Sale or our services: [email protected].