Last update : 07/01/2018
1-PRODUCTS AND SERVICES
1.1-VPS Hosting :
The Gaming-Serv structure provides vps servers with access to our open services to an individual person or a group of persons with a tax address in France who accept the terms and conditions of Gaming-Serv, in return for the payment of a rental fee, the cost of which is fixed according to the chosen formula.
Gaming-Serv reserves the right to suspend its operation for maintenance or various updates. Gaming-Serv will inform its customers on its website "www.Gaming-Serv.com" as far as possible, and this, without being held liable for any guarantee or indemnity and/or damages whatsoever with respect to customers.
1.3-Modifications of services "offers,rates,formulas":
Gaming-Serv reserves the right to modify its offers, rates and formulas at any time, without notice. The price of services paid in advance is guaranteed for the period concerned, offers and formulas are also maintained in the period concerned as well as for the tariffs.
1.4-Execution of the command:
The order will be executed within seven days at the latest from the day following the day on which the Consumer made the payment. These times may vary depending on the number of internal orders to be processed and the volume of servers available in our network.
In the event of unavailability of the ordered product, the Consumer will be informed as soon as possible and will have the possibility to cancel his order. The consumer will be informed either by email, by phone, on the forum, or by the support provided in his customer account in the Panel.Gaming-serv.com.web client space.
He will then have the choice of requesting either a refund of the sums paid within thirty days of their payment at the latest, or the exchange of the product.
1.5-Delivery of the good or service:
The products are delivered to the account of the customer from whom the order was placed. The Consumer is required to check the condition upon delivery of the service or good and to report any damage or inconsistency with the order within 24 hours.
Gaming-Serv will inform by electronic mail of the availability of customer service.
The launch of the service determines the initial data on which the billing will take effect.
The service is made available within a maximum period of 7 days from the effective payment of the order form made by the Customer.
After this period and delivery time and failure to deliver or out of stock, the Customer is entitled to request the cancellation of his order and a full refund of his order.
2.1-Gaming-Serv provides the necessary connections to host the services ordered by its customers, 24 hours a day, 7 days a week, subject to possible maintenance periods or failures.
2.2--Par la présente Gaming-Serv s's commitment to meet the technical obligations imposed by network operators and to maintain the good condition of the equipment it controls.
2.3-Accounting of the specificities of the Internet network and the different operators, Gaming-Serv does not guarantee either access, infrastructure on the Internet, or interruptions of customer service by Internet users, or the speed of access to this service.
2.4-To ensure optimal quality and respect for clients on servers, bandwidth usage is limited to 1Gbps over the entire architecture. If the monitoring finds an abusive use, an email will be sent to you and it will restrict the bandwidth of the generating services without notice. If despite all the client persists, Gaming-Serv gives itself the right to suspend the server for an indefinite period of time.
2.5-The use of progressive or continuous Streaming, Webradio, Webtv and any other software consuming bandwidth is prohibited on all our offers.
2.6-The use of peer-to-peer (P2P) servers, Torrent server and client, Virtual Private Network (VPN), Anonymous Networks (e.g. TOR) and virtual currency mining servers is prohibited on our infrastructure.
Software and scripts (e. g. hping3, Ddos, Rdos or Dos) that allow the denial of service or whose function is to harm others are prohibited.
Card sharing, CCcam, Dreambox, Debrider or File Storage (mirror), WebRadio, Stream are prohibited on all our offers.
Failure to comply with this directive results in termination of the account and associated services.
2.7-Send mass e-mails to people who have not requested them ("Junk mail", " Mailing", " Spam" or " Spam"). Thus, any unsolicited electronic mail sent by their recipients is strictly prohibited. A proven complaint of spamming by a recipient will result in the termination of the hosting contract. A proven complaint is constituted when the sender of the message cannot provide proof of the complainant's voluntary Register. Also included is spam carried out through poorly configured scripts on the customer's website.
2.8-To ensure optimal technical support, Gaming-Serv administrators have full rights by default on each master machine (NOD/Master). But in no case does it have a backup or a backup or root account on the VPS servers.
Internal backup software or addons (ex:....plugin Simple backup) are prohibited on our servers and will be deleted without prior notice.
Plugins with high resource consumption are no longer allowed on our servers, the use of this one will lead to a lack of guarantee of quality and continuity of service.
Gaming-Serv does not make any backup of your servers, it remains at your expense, just like exporting the backups present in your FTP space.
We cannot be held responsible for the loss of your data, regardless of the nature of the problem, hardware or software.
We remind you that our offers do not have a support called "software", we are maintained only by a support called hardware.
The client claims to be over 18 years of age and to have full legal capacity. To benefit from the services offered by Gaming-Serv and obtain access to the services offered, the customer undertakes to communicate his exact personal details to the Gaming-Serv structure, he is the only guarantor of the accuracy of the information declared concerning him. The customer undertakes to keep the contact email address and postal address declared on the Gaming-Serv web interface for the duration of his rental and this information must be valid.
3.2-Modifications of personal information:
The customer undertakes to keep his personal information and contact details declared on the Gaming-Serv site up to date. The beneficiary/customer guarantees to provide his or her contact details to Gaming-Serv and to update them in the event of a change. Gaming-Serv cannot be held responsible for the consequences that the customer may suffer and/or
third parties in the hypothesis where the beneficiary/customer would have failed to notify and stipulate to Gaming-Serv any changes.
The customer should contact Gaming-Serv customer service to make a change to his personal information.
3.3-Confidentiality "Data Protection "Personal Data Protection":
Gaming-Serv must communicate personal information concerning the customer at the latter's request and, if necessary, have it corrected, in accordance with Law No. 78-17 of 6 January 1978 on information technology, files and freedoms. Under Act No. 2000-719 of 1 August 2000, the contact details declared by the client may be communicated upon request by the judicial authorities.
3.4-Protection of minors:
Given the diversity and nature of the content and services offered by Gaming-Serv, persons with parental authority are warned that certain content and services may be prejudicial to minors, particularly those related to video games. The user undertakes to take all necessary measures and precautions to ensure the protection of minors likely to use the gaming services. The use of these services by a minor is under the sole control and responsibility of the client.
3.5-Verification of personal information:
The verification procedure consists in validating with verification codes the validation of the telephone or its registered home when creating the customer account.
The customer will have to check his customer file from his interface.
The customer will have 7 days to make this verification, beyond that, the account and the rented services will be suspended without being able to claim compensation or refunds.
4-LEGAL AND INTELLECTIVE PROPERTY
All games, software, nominations, trade names, texts, comments, illustrations, images, slogans, tables, banners, buttons, product or service marks, inventions, contracts, regulations, various closures and in general;In general, even if accessible to the public and customers through Gaming-Serv sites, Gaming-Serv, game publishers, program publishers, developers and any other entitled parties remain the exclusive property of Gaming-Serv. Only use for private use by the customer is allowed.
4.2-Making various data available:
The constitution and transmission of data, information, software, games, plugins, scripts, various skins, tutorials are carried out under the control and responsibility of the customer. Gaming-Serv will under no circumstances be held responsible for information communicated by a third party: downloads, links to site urls or various downloads made available by a customer.
5.1-The customer acknowledges that the proper functioning of the services offered by Gaming-Serv is linked to access to the Internet network constituted by the worldwide interconnection of computer networks, which do not make it possible to provide any guarantee as to the permanence of the service and the maintenance of its performance.
5.2-Gaming-Serv is only bound by an obligation of means.
5.3-Access protected by usernames/logins and passwords that customers agree not to share with anyone. They must keep the exclusive confidentiality of passwords that Gaming-Serv delivers using a script or robot to generate passwords. Customers must maintain the confidentiality of access under their full responsibility.
Files, folders, texts, programs and information of all kinds dependent on the VPS Server remain the sole responsibility of the customer, who must perform backups by his own means. In the event of accidental destruction, Gaming-Serv shall under no circumstances be required to restore them.
In the event of a breach by Gaming-Serv of its contractual obligations, the customer has two months from the date of such breach to hold Gaming-Serv liable.
The responsibility of Gaming-Serv can only be engaged by repairing a real, direct and personal damage; with respect to the client, on the sole condition that the latter provides concrete proof that Gaming-Serv is at the root of the breach or fault that caused this prejudice.
Legal actions may not be brought by either party after a period of time equal to or greater than two months from the date on which the action was brought, or from the date on which the action was brought. Except for actions that could be initiated by Gaming-Serv for default of payment of the customer/beneficiary, such an action is not limited by any time period.
In all cases where Gaming-Serv is liable, it may only be ordered to compensate for damage limited to the amount, including all taxes, of the invoicing made during the last two months of the events leading to these actions.
This contract is concluded for a duration equivalent to that of the chosen offer from the date of the customers registration on the Gaming-Serv sites and from the date of acceptance of this contract;These general conditions are as follows: starting from the payment for the purchase/rental of the service ordered on the various sites or other sites owned by Gaming-Serv. The contract is renewed for an equivalent period from the receipt of the subscription payment. Any default or delay in payment by the customer results in the automatic termination of this contract and therefore the closure of the service without prior notice. The customer will renew his contract from his administration console by validating a payment by credit card, allopas, bank transfer or direct debit.
Whatever the product or service, Gaming-Serv cannot be held responsible for the partial or total non-receipt of one or more of the e-mails or reminder and contract renewal letters.
Gaming-Serv cannot be held liable in the event of the occurrence of an insurmountable and unforeseen event such as force majeure events or "particular facts";Such as those usually retained by the case law of the French courts and tribunals as any interruption of telecommunications, regardless of the equipment or network in question, as long as they are not under the control of Gaming-Serv.
8.1-Rates and payment conditions:
The price of the service is determined according to the conditions attached on the service subscription form and via the price menu published on Gaming-Serv websites and documents.
The rental of the service is payable in advance (term to be chosen) for the VPS contracts and all services/products offered by Gaming-Serv.
The payment method used by Gaming-Serv will be by default the credit card (Visa, Mastercard etc...) and Paypal.
The currency of payments will be the Euro only. Gaming-Serv will not accept cheques and does not credit.
For offers with a duration of more than 3 months, an identity document may be required.
Payment by Credit Card and Paypal are accepted on condition that it is missing a bank located in the French Territory.
The non-respect of your rental and your commitments "Ex: Paypal" dispute immediately leads to a suspension of your services or even a termination of the contract and associated services.
8.2-Payments by levy:
Payment of the monthly subscription will take place on the monthly anniversary date of the contract in the case of a direct debit on a credit card or personal account.
The balance of the customer account is visible via his member area once he has identified himself on Gaming-Serv.
8.4-Tariff - All Taxes
As a matter of principle, Gaming-Serv's rates are fixed. However, Gaming-Serv is authorized to increase prices at any time during the term of the contract, for the purpose of updating. Gaming-Serv will inform the Customer of the proposed increase and of his right to object to it, within six (6) weeks of receipt of the message. The price reduction will be reactivated and applicable if, within the aforementioned notification period, the Customer does not object to it in writing (to be sent by registered letter with acknowledgement of receipt), notifying the termination of the contract to the binding party Gaming-Serv.
Gaming-Serv's prices are All Taxes Included per month "TTC/Month" and are payable in euros applicable on the day of the order.
Any other service requested by the customer and not listed on Gaming-Serv's websites and commercial documents, will be the subject of a prior order and a quotation prepared by Gaming-Serv. Additional services may be added to our list of products and services. In this case, they will be linked to the present contracts.
The performance of any service offered by Gaming-Serv is subject to the full payment of the expected price.
10.1-Paramounting to Article L.121-20-2 of the French Consumer Code, the Customer no longer has the right of withdrawal as from the date and time of provision of the service. It is important to note that the service is implemented instantly in case of payment by credit card, paypal.
10.2-In derogation of Article L.121-20-1 of the French Consumer Code, the Customer has a right of withdrawal of 7 (seven) days, if the service has not yet been implemented (in particular during a problem with the installation of the service, a preorder).
This right of withdrawal is made by message on the support service at the following address: http://panel.gaming-serv.com, and entitles the customer to a refund of the sums already paid by him within thirty (30) days of receipt of the notice. Any request for re-negotiation that does not comply with the legal deadline or formalities of the previous paragraph will not be considered.
10.3-Services rented by Gaming-Serv are not subject to a commitment of duration other than the period already paid for by the customer.
To terminate the service, the customer must simply not renew the service.
11-APPLICABLE LAW AND ALLOCATION OF JURISDICTION
11.1-This contract is subject to French law.
11.2-In the event of a dispute concerning the execution or interpretation of the submissions, jurisdiction shall be attributed to the Commercial Court concerned.