Version dated 10/06/2026 - Change history

This English text is a translation provided for information purposes only. Only the French version of these General Terms of Service is legally binding between the Parties. In the event of any discrepancy, ambiguity or conflict of interpretation between this translation and the French version, the French version shall prevail (see Article 34 below). The French version is available at https://hodi.host/fr/cgs/.

PREAMBLE

HODI is a company that offers a hosting service providing storage space to the Client.
The Client wished to entrust HODI with the hosting of its data and placed an Order for the services of its choice with HODI.
The Client freely decided to entrust its hosting to HODI by validating the Order by clicking on HODI's website.
It has been agreed by these presents as follows:

ARTICLE 1. Purpose

The purpose of these General Terms and Conditions is to define the conditions under which HODI's services are made available to enable the Client to publish online on the internet networks, under its sole responsibility, through HODI's servers.

For the purposes of these General Terms of Service, the expression "business hours" designates business days from Monday to Friday, excluding legal public holidays in Réunion, from 5am to 4pm UTC.

ARTICLE 2. Provision

2.1 Services provided by HODI

HODI undertakes towards the Client to provide the following services (hereinafter "the Services"):

  • To make available to the Client a virtual server ("managed dedicated virtual server", "dedicated virtual server", "Odoo Cloud", and "VPS" offers) or shared paravirtualized server ("web and email hosting", "PRA/PCA web hosting", and "Nuaz" offers).

HODI undertakes to do everything possible to ensure the continuity and quality of the Services. In this respect, it subscribes to a best-efforts obligation, subject to service level commitments (SLA).

In the case of shared offers, the Client does not have a server for itself alone, but only a part of a server that it shares with other Clients. To ensure this sharing, certain parameters are limited for each Client:

  • RAM;
  • Processor power;
  • Disk space;
  • Web traffic;
  • The number of associated domain names;
  • The number of mailboxes;
  • Bandwidth.

In the case of virtual server offers, the Client has dedicated resources within a virtualized server. Unlike shared hosting, a virtual server offers a more isolated and customizable environment. Certain parameters are limited for each Client:

  • RAM;
  • Processor power;
  • Disk space;
  • Bandwidth.

In both of the aforementioned cases, these limits are detailed in the Order. In the event that these limits are exceeded, HODI reserves the right to suspend its Services.

Subscription to a shared offer is only guaranteed if the DNS servers of the domain name(s) are those communicated by HODI at the time of the Order. If the Client uses other DNS servers, HODI will not be liable for any problems encountered, or for any features that may not be available. The Client will be solely responsible for any malfunction encountered and may not claim any compensation if a feature was not available.

Subscription to a virtual server offer allows containerization, but does not allow nested virtualization.

Subscription to a service with a Let's Encrypt certificate is conditional on the domain name pointing to the IP address communicated by HODI. The Client acknowledges that the Let's Encrypt certificate cannot be issued or renewed if the IP address of the domain name concerned does not point to the IP address communicated by HODI. The Client may not claim any compensation if the Let's Encrypt certificate is not issued or renewed.

2.2 "marketplace" Services

Depending on the choice made by the Client in its Order, HODI may order on the Client's behalf additional "marketplace" Services and make them available to the Client:

  • Anti-virus, EDR and managed SOC;
  • GDPR audit;
  • SSL certificates;
  • Housing (physical hosting in a data center);
  • Domain name;
  • Site Builder;
  • SpamExperts;
  • v6Protect (attack surface and WAF).
  • VigiSOC, VigiASSIST and VigiCSIRT;
  • Wordpress Sérénité;

These "marketplace" Services are provided as commercial intermediation by providers selected and referenced by HODI on account of the quality and experience of said providers and their complementarity with HODI's Services. The selling prices of the "marketplace" Services are freely set by HODI.

For the "marketplace" Services, the Client validates and accepts the terms of use specific to each of said Services according to its Order:

HODI cannot be held liable for any malfunctions or interruptions of the "marketplace" Services provided by third-party providers. HODI's liability is limited to connecting the Client with said providers and to the administrative management of the order. Any claim concerning the "marketplace" Services must be addressed directly to the provider concerned, unless otherwise expressly stated in the specific contracts of said Services.

The providers of the "marketplace" Services may, at any time, modify their terms of use or of service. HODI undertakes to inform the Client of any significant change affecting a "marketplace" Service. The Client accepts that these changes may impact the initial conditions of provision of the services, including prices and features. In the event of refusal of the new conditions, the Client may terminate the Service without penalties, and the sums already paid for the "marketplace" Service will not be refunded, unless otherwise expressly stated by HODI.

The "v6Protect - Intelligent firewall" service includes 1 million requests per subdomain on the Client's domain name. In the event that the number of requests is exceeded, HODI will notify the Client and move it to the higher plan, at a rate of €150 per month and per additional million requests, retroactively if the overage is greater than 1 million requests compared to the previous month and starting from the following month in other cases.

In the event that the marketing of a "marketplace" Service is discontinued (for example, following the provider's decision to abandon the Service), HODI undertakes to inform the Client as soon as possible. A replacement service will be offered to the Client within 30 days. The Client may choose between terminating the Service without penalties or accepting the conditions of the replacement service, including any price or feature difference. Migration to the replacement service is the Client's exclusive responsibility. The sums already paid for the "marketplace" Service concerned will be credited in the form of a credit note applicable to subsequent invoices.

ARTICLE 3. Duration

The Contract lasts for the duration chosen by the Client on the Order from its signing.

Upon its expiry, the Contract will automatically renew identically, except as regards the price, which may be renewed under the conditions stipulated in the "Price" article. Invoicing will be carried out according to the conditions stipulated in the "Invoicing" article.

The Client may, at its convenience, terminate the Contract by sending HODI its intention not to renew the Contract, or by clicking on the "Cancellation request" button in its client area, observing a notice period of at least two (2) months before the anniversary date of the Contract. This notice period is reduced to fifteen (15) days for monthly Contracts. In the event of non-renewal of the Contract by the Client, the sums already paid by the Client are in no case refunded to the Client, regardless of the notice period.

ARTICLE 4. Financial conditions

4.1 Price

The prices appear in the Order. Prices are understood to be exclusive of taxes, duties, customs duties or any government contribution. When the Client is established in France, prices may be expressed inclusive of all taxes (TTC), said taxes then being explicitly mentioned on the invoice.

The payment terms, in particular in the event of withholding tax or applicable local taxation outside France, are specified in the "Payment" article.

When the prices in these General Terms and Conditions are expressed solely in euros (EUR) or when a Client wishes to pay by bank transfer an invoice issued in a non-accepted currency, the applicable amounts are determined after conversion into euros (EUR) according to the conversion table below, which shall prevail:

  • AED : 1 € = AED 5
  • AOA : 1 € = Kz 1 000
  • CAD : 1 € = $2
  • CDF : 1 € = 3 000 FC
  • DZD : 1 € = 150 DA
  • EGP : 1 € = E£ 55
  • GHS : 1 € = GH₵ 15
  • KES : 1 € = Ksh 150
  • MAD : 1 € = 10 DH
  • MGA : 1 € = 5 000ar
  • MUR : 1 € = Rs 50
  • NGN : 1 € = ₦ 1 800
  • RWF : 1 € = 1 600 RF
  • TND : 1 € = 3 DT
  • TZS : 1 € = TZS 3 000
  • UGX : 1 € = USh 4 000
  • USD : 1 € = $1
  • XAF : 1 € = 600 CFA
  • XOF : 1 € = 600 CFA
  • ZAR : 1 € = R19
  • ZMW : 1 € = K25

Prices are firm during the validity period of the offer.

The prices of the Services may be freely revised, at HODI's discretion, on each anniversary date of renewal of the Contract.

4.2 Offer

Unless otherwise indicated, any offer or quote made by HODI to the Client is valid for thirty (30) days from the date of its issuance but is nevertheless liable to be modified during this period upon written notification.

4.3 Payment

All payments are payable before the activation of the Services and will be made by bank transfer, credit card, mobile money or direct debit (SEPA Direct Debit).

The amounts invoiced must be received by HODI in full, net of any fees, taxes or withholdings, with the exception of taxes legally applicable in France. In this respect, for any transaction carried out outside France, all fees, commissions, exchange costs, intermediation fees, withholding tax, local taxes, duties, contributions or charges of any kind, imposed by a bank, a payment intermediary, a tax or regulatory authority of the Client's country or of a third country, remain exclusively the Client's responsibility.

The Client undertakes to make its payments in such a way that the amount actually and definitively credited to HODI's account corresponds strictly and fully to the invoiced amount, without any deduction, withholding, offset or imputation of any kind whatsoever.

In the event of payment by bank transfer, only payments made in the following currencies are accepted: EUR, GHS, XOF, XAF, ZAR, ZMW. If the invoice is issued in a non-accepted currency, the Client is required to apply the exchange rate indicated in the "Price" article in order to convert the invoiced amount into euros (EUR), the amount thus converted prevailing for payment. Moreover, transfers must in no case originate from a banking institution or a bank account domiciled in one of the following countries or territories: Afghanistan, Anguilla, Azerbaijan, Bahamas, Belarus, Botswana, Burundi, Cambodia, Crimea, Cuba, Donetsk, Eritrea, Ghana, Cayman Islands, US Virgin Islands, British Virgin Islands, Iraq, Kazakhstan, Kyrgyzstan, Libya, Macao, Mongolia, Myanmar, Nauru, Nicaragua, Uganda, Pakistan, Palau, Palestine (State of), Panama, Philippines, Syrian Arab Republic, Central African Republic, Democratic Republic of the Congo, Islamic Republic of Iran, Democratic People's Republic of Korea (North Korea), People's Republic of Luhansk, Russia, Saint Kitts and Nevis, Saint Lucia, Somalia, Sudan, South Sudan, Chad, Trinidad and Tobago, Vanuatu, Venezuela, Yemen, Zimbabwe. In the event of non-compliance with the authorized currency or the geographical origin of the transfer, it may be automatically returned by HODI's bank to the issuing bank, within an average period of five (5) business days.

HODI cannot be held liable for any bank fees, commissions, exchange losses or withholdings applied to the initial transfer by the financial institutions concerned.

In the event of payment by mobile money, only the currency of the Client's country is accepted.

In the event of a payment subject to a withholding tax or to any local tax obligation, the Client undertakes to gross up the payment ("gross-up" mechanism) in order to guarantee HODI the receipt of the full amount indicated on the invoice.

In the event of payment by credit card rejected by the Client's bank (for example due to insufficient funds), HODI reserves the right to regularly retry charging the credit card concerned, until acceptance by the Client's bank.

In the event of payment by direct debit (SEPA Direct Debit), HODI will notify the Client of the debit, who undertakes to maintain sufficient funds until the debit by HODI and who acknowledges having taken note of the possible fees related to a rejection stipulated in the "Payment dispute / rejection" article.

4.4 Invoicing

Unless otherwise stipulated in the Order, payment is made upon signing of the Order and prior to the activation of the Services.

For invoices related to Contract renewals, HODI issues the invoices fourteen (14) days before the date of said renewal, except in the case of annual services for which the invoice is issued sixty (60) days before said date.

In the case of services subject to variable invoicing, the calculation of any overages is carried out on the invoice issuance date, on the basis of the usage observed on that date.

If the Client has registered its payment method on HODI's site, it has been transmitted to Stripe by HODI, without storage on HODI's part for security reasons. HODI does not have access to the Client's banking information and HODI has an alias provided by Stripe to carry out the debit on the payment method in question upon issuance of the invoice, under the conditions stipulated in the "Payment" article. The alias provided by Stripe does not allow the Client's banking information to be reconstructed. Stripe is a recognized payment provider that stores banking information according to the PCI standard, with certification from Visa (https://www.visa.com/splisting/searchGrsp.do?companyNameCriteria=stripe).

HODI will suspend all execution of the Services, until full payment of the sums due, as indicated in the "Suspension" article.

4.5 Payment dispute / rejection

In the event of a rejection or dispute of a direct debit (SEPA Direct Debit) originating from the Client's bank, for whatever reason, HODI will charge fees of €15 excl. tax to the Client per event.

In the event of a dispute of a credit card payment originating from the Client's bank, for whatever reason, HODI will charge fees of €25 excl. tax per event.

4.6 Additional services

In the event of services not included in the Client's offer, HODI will send a quote to the Client, which the Client must accept before carrying out said services. The services concerned are those for which no specific mention is present on HODI's website or on the quote made by HODI to the Client, such as for example but not limited to, assistance with the use of the installed software (including Nextcloud in the "Nuaz" offer), the maintenance of applications deployed by the Client, requests to participate in a security audit of the Client, the provision of attestations not present on HODI's site (description of personal data processing, description of security measures, questionnaire to be completed, etc.), the carrying out of backups on request by HODI, the restoration of backups by HODI, the installation of an SSL certificate or the installation and updating of applications at the Client's request. The hourly rate applied for these services is €100 excl. tax from 9am to 5pm during business hours or €160 excl. tax outside business hours (billing per one-hour increment).

ARTICLE 5. Network

The Client is free to choose its Internet service provider (ISP) for connecting its premises, which is essential for performing the Contract.

HODI connects its infrastructure to one or more network operators of its choice, depending on the location of the data center concerned. By default, the Client's services are connected to a single operator, which means that an outage or service degradation at this operator may impact the accessibility of the Client's services.

In some data centers, the Client may request to connect its dedicated server to a secondary operator, subject to technical feasibility and specific contractual clauses.

Generally speaking, the quality and availability of HODI's services also depend on the Internet connection used by the Client at its premises. HODI cannot be held liable for interruptions related to the Client's ISP, in particular in the event of a peering problem between the Client's ISP and the operator used by HODI.

ARTICLE 6. Technical security measures

6.1 Data center security

HODI will endeavour to implement technical security measures in order to ensure the continuity of the Services in accordance with industry best practices, and in particular :

  • The data center systems are distributed across different fire compartments ;
  • The technical installations have high availability thanks to regular maintenance of the production installations ;
  • Backup power ;
  • The electrical power supply of the IT systems is built with redundancy and allows power to be supplied using dynamic UPS devices (Uninterruptible Power Supply) ;
  • Modern network devices allow the data centers to be operated without connection to a public power grid ;
  • Early fire detection, the presence of fire and smoke aerosols is detected in the ambient air and outside air ;
  • Fire compartments with fire-resistant walls ;
  • Extinguishing system with oxygen reduction ;
  • Sprinklers ;
  • Air conditioning : the air conditioning of the data centers is provided using redundant air conditioning units and locally separated, redundant refrigeration plants operating on a network.

6.2 High availability

HODI's architecture is built in high-availability mode, to allow operational continuity in the event of the loss of one or more physical servers.

In addition, on "web hosting" and dedicated servers in Réunion ordered after 15/09/2023 (unless the Client explicitly requests not to have an IP address assigned by SFR Réunion) and in mainland France after 15/01/2024, the servers are replicated in real time across two data centers in the same territory, allowing the service to restart automatically on the backup data center in the event of an incident on the main data center. Furthermore, each component is redundant and secured by a firewall.

6.3 Access security

Physical access to the servers is only possible for authorized persons. Visitors must register at reception and are always accompanied by a HODI staff member. Access to the work areas is only possible using a security key. The office spaces are also closed at night and on weekends as well as on public holidays.

Logical access to the servers is only possible via a dedicated and secure link and via a secure ZTNA access used. The server administration interfaces are in no case accessible from the Internet, except upon specific and justified request from the Client for dedicated servers.

All computers are equipped with an access control system and are encrypted. There are predefined rules governing the granting of passwords. They concern the required complexity, the validity period of the password as well as the reuse of old passwords. Data media are encrypted, the keys are stored on the servers and can only be accessed by authorized HODI staff members. HODI staff members' mobile devices are encrypted.

Each staff member's responsibility regarding the security, confidentiality, integrity and availability of data and information is reinforced by information made available centrally. In addition, the "principle of least privilege" applies to each staff member.

6.4 Antivirus and antimalware

For the "web and email hosting" and "web hosting DRP/BCP" offers, the "Nuaz" offers and the dedicated servers that have subscribed to the antivirus / antimalware option, HODI implements, through software installed on its servers, an automated analysis of the hosted content, which the Client accepts by signing this document.

This analysis verifies the absence of viruses, malware and other malicious computer programs on HODI's servers.

On the "web and email hosting", "web hosting DRP/BCP", and "Nuaz" offers, the following policy is applied (on dedicated servers, the policy is defined between the Client and HODI) :

  • Any file detected as a virus or malicious program is automatically cleaned (if possible) or quarantined ;
  • A notification is sent to the Client within 4 hours (24/7) following detection (the recipients are the account owner and the users to whom the Client has added the "View Support Requests" permission) ;
  • HODI may access the detected files at its discretion (for example, for analysis purposes) and forward them to the publisher of the installed software in the event of false positives ;
  • Subsequent actions (for example, analysis and remediation) are under the Client's sole responsibility, unless a specific service is subscribed to with HODI ;
  • In the event of repeated detections without action from the Client, HODI reserves the right to suspend its Services for the Client, as defined in the "Suspension" article.

HODI cannot be held liable in the event of failure to detect a virus or malicious program where it is not recognized by the software used at the time of the analysis, or where the Client has requested to exclude the file or directory from the analysis.

6.5 WAF

For the "web and email hosting", "web hosting DRP/BCP", the "Nuaz" offers and the dedicated servers that have subscribed to the WAF option, HODI implements a web firewall (called WAF) hosted on its infrastructure. This WAF allows traffic identified as malicious or originating from IP addresses known to be malicious to be blocked automatically.

In all cases, except upon express request for dedicated servers, the Client accepts :

  • that the WAF publisher provides HODI with the lists of IP addresses known to be malicious ;
  • that the WAF, like any tool in this category, may not block all malicious traffic (in particular traffic not yet identified as malicious by the publisher) and that it may block traffic that the Client considers legitimate ;
  • that the individual data from the WAF (in particular type of attack and source IP address) be shared with other organizations in France (as part of a coordinated attack response effort) ;
  • that the aggregated data from the WAF be published on HODI's website (IP addresses are not part of the aggregated data).

The Client can deactivate the WAF via its client area. The Client can also report to HODI the blocking of traffic that it considers legitimate, in which case HODI will endeavour to remove the block, in collaboration with the Client if it is necessary to lower the WAF security level. Any lowering of the WAF security level is applied only to the Client concerned.

Finally, HODI is not required to inform the Client in the event of traffic being blocked by the WAF but makes available to the Client an interface allowing it to access the blocked traffic (excluding traffic originating from IP addresses known to be malicious).

6.6 Security incident notification

In the event of a proven security incident affecting the Client's data (unauthorized access, data leak, compromise), HODI undertakes to inform the Client as soon as possible and at the latest within 72 hours following its detection, in accordance with GDPR obligations. This notification will specify the nature of the incident, the data concerned, the measures taken by HODI and, where applicable, the actions recommended to the Client.

This obligation applies exclusively to incidents that are HODI's responsibility on its own infrastructure. It does not cover incidents resulting from an action or negligence of the Client, in particular : the loss or compromise of its access credentials, or the exploitation of a vulnerability present in the code or applications deployed by the Client.

6.7 Protection against denial-of-service attacks (DDoS)

HODI implements automatic filtering measures in order to limit the impact of volumetric denial-of-service attacks (layer 3 and 4 DDoS) on its infrastructure. Application-layer attacks (layer 7) are not covered by this protection and are the responsibility of the Client, who must implement the protection measures appropriate to the level of its application. In the event of an exceptionally large-scale attack that cannot be filtered without risk to the rest of the infrastructure, HODI reserves the right to blackhole (null-route) the targeted IP address, temporarily rendering the service inaccessible. The Client will be informed as soon as possible. This measure constitutes an exclusion from the Service Level Agreement (SLA) as defined in the "Service Level Agreement" article.

6.8 Security Assurance Plan

HODI will communicate its Security Assurance Plan to any third party who requests it.

ARTICLE 7. Service Level Agreement (SLA)

This article applies only to the services provided by HODI as described in the "Services provided by HODI" article. The "marketplace" services may benefit from Service Level Agreements (SLA) which are, where applicable, described in their terms of use.

7.1 Service availability

HODI undertakes to provide the following availability rate, excluding scheduled maintenance periods or incidents falling under the exclusions defined in the "Exclusions" paragraph 

  • 99.99 % per month on hosting services located in continental Europe ;
  • 99.95 % per month on hosting services located in the rest of the world.

The unavailability of a service is defined as a loss of ping from three different locations for a continuous duration of at least 5 minutes.

Partial interruptions or application problems (software errors, CPU overload, corrupted database, etc.) are not considered as unavailability giving rise to compensation.

If HODI does not meet this availability rate, the Client may request compensation according to the conditions defined in the "Compensation" paragraph.

7.2 Monitoring and Response and intervention times

Monitoring : HODI undertakes to implement proactive 24/7 monitoring of its infrastructure in order to detect in real time any anomaly impacting the availability of the services. In the event of an incident detected by HODI, an intervention is triggered without the need for prior notification by the Client. The resolution time is a maximum of 4 business hours after detection of the incident, except in cases of force majeure or dependence on a third-party publisher.

Technical support : HODI undertakes to respond to support requests within an average of 2 business hours for standard requests and 1 business hour for critical incidents affecting the availability of the services.

Intervention in the event of a critical incident : HODI undertakes to begin resolving a blocking incident within a maximum of 1 business hour after notification. The resolution time is a maximum of 4 business hours after the start of the intervention, except in cases of force majeure or dependence on a third-party publisher.

Intervention in the event of a minor incident : HODI undertakes to begin resolving a non-blocking incident within a maximum of 4 business hours after detection or notification. The resolution time is a maximum of 24 hours, except in cases of force majeure, particular technical complexity or dependence on a third-party publisher.

Interventions on incidents that are HODI's responsibility are carried out 24/7, interventions at the Client's request are carried out during business hours, except for specific contractual clauses or billing of the non-business hours rate of €160 excl. tax per hour (billed in one-hour increments).

These times may be subject to specific contractual clauses signed with the Client.

7.3 Compensation

If the monthly availability is lower than the duration defined in the "Service availability" paragraph, the Client may request a credit note.

The calculation of the unavailability time begins only after the guaranteed threshold described in the "Service availability" paragraph has been exceeded.

  • cumulative unavailability less than 4h : 5% of the monthly subscription fee for the impacted services
  • cumulative unavailability between 4 and 8h : 10% of the monthly subscription fee for the impacted services
  • cumulative unavailability between 8 and 24h : 20% of the monthly subscription fee for the impacted services
  • beyond 24h of cumulative unavailability : 30% of the monthly subscription fee for the impacted services

Compensation requests must be addressed by the Client to HODI within 7 days following the incident and cannot be combined with the compensation related to the managed DRP commitments. The requests must be accompanied, failing which they will be inadmissible, by 3 timestamped traceroutes, from three different operators, including at least one from the same territory where the Client's Services are hosted. Finally, over a one-month period, no compensation may exceed the monthly billing of the service concerned.

7.4 Exclusions

The service level commitments do not apply in the following cases :

  • scheduled maintenance announced at least 48 hours in advance ;
  • incident related to a loss of connection at an operator or on a submarine cable ;
  • large-scale unfilterable DDoS attacks, including the blackholing of the targeted IP address as defined in the "Protection against denial-of-service attacks" article ;
  • cases of force majeure as defined in the "Force majeure" article ;
  • non-compliance with the "Acceptable content and uses" article hereof ;
  • incident resulting from a fault or negligence of the Client ;
  • suspension or termination as defined in the "Suspension" and "Termination" articles.

ARTICLE 8. Maintenance and Managed Services

HODI provides, for all of its hosting services, preventive and corrective maintenance intended to guarantee the stability, security and availability of the technical infrastructure. Maintenance comprises two distinct components :

  • Infrastructure maintenance, applicable to all hosting services ;
  • Managed services, applicable to web hosting, Odoo Cloud and managed VPS.

8.1. Infrastructure maintenance (common to all services)

Infrastructure maintenance exclusively covers the physical and network layers of HODI's platforms :

  • Management, monitoring and repair of physical hardware (servers, storage arrays, power supplies, etc.) ;
  • Network maintenance (operator links, routing, security, interconnections, firewalls) ;
  • Monitoring and updating of the hypervisors and virtualization systems hosting the virtual machines ;
  • Redundancy and resilience of critical elements (power, connectivity, storage, air conditioning) ;
  • Corrective interventions in the event of a hardware incident, network outage or failure of a hosting node.
  • Management of backups according to the conditions defined in the "Backup" article.

These interventions are carried out without any action required from the Client and do not modify the software configuration of its services.

8.2. Managed services (web hosting, Odoo Cloud and managed VPS)

Managed services correspond to the technical administration and monitoring provided by HODI on managed environments (web hosting, Odoo Cloud and managed servers), in order to delegate all or part of the day-to-day management of the system :

  • Provisioning and initial configuration of the system, standard services (HTTP(S), application runtime environments, databases, outgoing mail if applicable), platform-side DNS ;
  • Proactive 24/7 monitoring of critical resources and services (CPU, RAM, storage, HTTP(S), databases, etc.) with automatic alerts ;
  • Security updates of the operating system and standard software components when necessary for security and stability ;
  • Management of granular backups where applicable and assistance with restoration upon the Client's request ;
  • Diagnosis and correction of malfunctions related to the operating system or the standard software layer (Apache/Nginx, PHP-FPM/LSAPI, MySQL/MariaDB, PostgreSQL, etc.) ;

If the Client has administrator access, the Client undertakes not to modify the system configuration without informing HODI.

8.3. Managed services exclusions

The following are not included in managed services, unless otherwise stipulated or in a specific quote :

  • The development, correction or maintenance of the Client's application code ;
  • Interventions on CMS, ERP or third-party modules (installation, update, functional configuration) ;
  • Application performance optimizations (code profiling, SQL queries, application caching, third-party CDN) ;
  • Migrations not related to an incident that is HODI's responsibility, or reinstallations at the Client's request ;
  • The management of external services (DNS, SSL certificates, emails or third-party accounts) ;
  • Specific security or compliance audits (e.g. : PCI-DSS, HDS).

8.4. Intervention hours and procedures

Operations that may affect the service (major updates, migrations, scheduled restarts) are, except in emergencies, carried out outside business hours. Prior information is communicated via the usual channels (email or status page). In the event of a security emergency, HODI reserves the right to intervene without notice in order to preserve the integrity and availability of the services.

ARTICLE 9. "PRA/PCA" or "CYBER+" web hosting plan

The HODI "PRA/PCA" or "CYBER+" web hosting plan allows the Client to benefit from a Disaster Recovery Plan (DRP) managed and supervised by HODI, ensuring service continuity in the event of a critical failure or major incident affecting the Client's primary data center, hereinafter referred to as the "web DRP". This plan is different from the DRP/BCP offered on dedicated servers.

9.1 How the web DRP works

The DRP relies on hourly replication of the Client's data to a failover data center, enabling rapid failover in the event of an incident.

Exception: For the "CYBER+ web hosting" plan, replication is performed according to the interval chosen by the Client at the time of ordering.

HODI undertakes to supervise the proper replication of data between the primary data center and the failover data center in order to be proactively alerted in the event of a replication incident.

The Client freely chooses the location of the failover data center from among the locations offered by HODI. However, the Client shall not be entitled to any compensation if the primary data center and the failover data center suffer an incident simultaneously.

In the event of an incident on the primary data center, HODI undertakes to restore the Client's service on the failover data center within 2 hours. The Client duly notes that it shall not be entitled to a failover to the failover data center in the cases defined in the "Exclusions" paragraph.

Exception: For the "CYBER+ web hosting" plan, the timeframe is the one chosen by the Client at the time of ordering.

These timeframes may be subject to specific contractual clauses signed with the Client.

9.2 Commissioning of the web DRP

Upon activation of the DRP, HODI defines with the Client the triggering procedures according to the incident scenarios and provides the Client with a summary document detailing the DRP activation arrangements.

  • This document is deemed validated by the Client in the absence of any objection within 2 weeks following its delivery.
  • HODI undertakes to designate a dedicated point of contact for any operation related to the DRP.
  • The Client undertakes to designate one or more dedicated points of contact for any operation related to the DRP.

9.3 Web DRP testing

HODI undertakes to carry out regular tests of the DRP, according to the arrangements defined in the Client's quote or order, in order to ensure its proper operation.

  • Before each test, HODI will submit a detailed test scenario to the Client for validation.
  • Once the test has been carried out, a full report will be provided to the Client.
  • If adjustments are necessary, an update of the summary document will be provided, deemed validated in the absence of any objection from the Client within 2 weeks.

9.4 Invoicing

The resources (CPU, RAM, etc.) related to the activation of the DRP are included in the plan and do not give rise to any additional invoicing, regardless of the duration of use of the failover data center.

Failover operations to the failover data center, and failback operations to the primary data center, are included in the plan and do not give rise to any additional invoicing.

9.5 Compensation

If HODI fails to meet its commitment described in the "How the web DRP works" paragraph, the Client may request a credit note.

  • overrun of less than 1h: 50% of the monthly subscription fee for the managed DRP service
  • overrun between 1 and 2h: 100% of the monthly subscription fee for the managed DRP service
  • overrun between 2 and 4h: 150% of the monthly subscription fee for the managed DRP service
  • overrun of more than 4h: 200% of the monthly subscription fee for the managed DRP service

Compensation requests must be sent by the Client to HODI within 7 days following the incident and may not be combined with compensation related to service level agreements (SLA). Finally, over a one-month period, no compensation may exceed twice the monthly invoicing of the managed DRP service.

Compensation requests are not due if the overrun is the Client's fault (objection to the failover to the failover data center, unavailability of the designated points of contact, etc.) or in the cases defined in the "Exclusions" paragraph.

9.6 Exclusions

The managed DRP does not apply in the following cases, and the Client understands that it may neither be failed over to the failover data center nor claim compensation in these situations:

  • incident caused by a configuration error by the Client;
  • exceeding of server resources (CPU, RAM, storage, etc.) related to application overload, improper sizing or deployment of faulty code;
  • deletion or alteration of critical files by the Client, preventing the automatic restoration of services;
  • judicial or administrative order requesting the blocking of the Client's server;
  • blocking of the Client's SSL certificate or domain name by the registry or any other competent authority;
  • judicial or administrative requisition preventing the activation of or access to the services;
  • DDoS attack targeting the Client's domain name;
  • suspension or termination as defined in the "Suspension" and "Termination" articles.

In these cases, unless the incident is caused by the Client or results from a competent judicial or administrative request, HODI undertakes to work with the Client to find an alternative degraded solution, as far as possible, but without any guarantee of timeframe.

ARTICLE 10. Managed DRP plan outside the territory

HODI offers a Disaster Recovery Plan and Business Continuity Plan option on its dedicated servers, based on the third-party solution "Acronis Cyber Protect Cloud – Disaster Recovery", hereinafter referred to as the "Acronis DRP". This plan is distinct from the "PRA/PCA" or "CYBER+" web hosting DRP.

In the event of subscribing to the Acronis DRP option, the Client acknowledges having read and understood the Acronis terms and conditions, and understands that a change of IP address will be necessary. It is therefore the Client's responsibility to verify the impacts of this IP address change.

10.1 How the Acronis DRP solution works

The Acronis DRP solution relies on the replication of the Client's systems, data and configurations to a failover infrastructure operated by Acronis, according to the parameters defined at the time of subscription. The RPO is defined at the Client's request (without a request, the RPO will be 24h), and the RTO is 2 hours.

The Client is informed of and accepts that, in the event of the DRP being triggered, the restored services will be accessible via a different IP address from that of the primary service. It is the Client's responsibility to anticipate and manage the technical, application or contractual impacts related to this change (DNS, firewall, licenses, third-party access, etc.).

HODI does not intervene in the internal operation of the Acronis platform and cannot be held liable for the latter's technical limitations.

10.2 Commissioning of the Acronis DRP

The commissioning of the Acronis DRP includes the initial configuration of the solution in accordance with the options subscribed to by the Client.

  • In the case of an unmanaged server, the configuration, activation, documentation and validation of the DRP are exclusively the Client's responsibility.
  • In the case of a managed server, HODI carries out the technical commissioning of the solution on the basis of the information provided by the Client.

The Client remains solely responsible for application consistency, functional testing and business validation of the restored environments.

10.3 Activation and testing of the Acronis DRP

The activation and testing arrangements for the Acronis DRP differ according to the level of service subscribed to:

  • For unmanaged servers, the activation of the DRP and the carrying out of tests are entirely the Client's responsibility.
  • For managed servers, HODI carries out the activation of the DRP or tests at the Client's request.

In the case of a managed server:

  • One DRP test per year is included in the plan.
  • Any activation of the DRP or any additional test is invoiced at €100 excl. tax per operation.
  • Tests are carried out on the basis of a scenario validated with the Client.

Following a test carried out by HODI, a report may be provided to the Client for informational purposes.

10.4 Invoicing

The invoicing of the Acronis DRP includes:

  • the cost of the Acronis solution according to the pricing in force at the time of subscription;
  • where applicable, the activation or testing fees carried out by HODI for managed servers.

The resources consumed on the Acronis infrastructure during an actual activation of the DRP (CPU, RAM, storage, bandwidth, execution time) may be subject to specific invoicing by Acronis, in the event of an activation for a duration exceeding seven days, in accordance with its own pricing conditions.

10.5 Compensation

If HODI fails to meet its commitment described in the "How the Acronis DRP solution works" paragraph, the Client may request a credit note.

  • overrun of less than 1h: 50% of the monthly subscription fee for the managed DRP service
  • overrun between 1 and 2h: 100% of the monthly subscription fee for the managed DRP service
  • overrun between 2 and 4h: 150% of the monthly subscription fee for the managed DRP service
  • overrun of more than 4h: 200% of the monthly subscription fee for the managed DRP service

Compensation requests must be sent by the Client to HODI within 7 days following the incident and may not be combined with compensation related to service level agreements (SLA). Finally, over a one-month period, no compensation may exceed twice the monthly invoicing of the managed DRP service.

Compensation requests are not due if the overrun is the Client's fault (objection to the failover to the failover data center, unavailability of the designated points of contact, etc.) or in the cases defined in the "Exclusions" paragraph.

10.6 Exclusions

HODI's liability cannot be incurred in the following cases:

  • failure, unavailability or limitation of the Acronis platform;
  • improper configuration of the solution by the Client or erroneous information provided by the Client;
  • application or software incompatibility during restoration;
  • incident affecting third-party services, licenses, DNS or interconnections dependent on the Client;
  • judicial or administrative order requesting the blocking of the Client's server;
  • blocking of the Client's SSL certificate or domain name by the registry or any other competent authority;
  • judicial or administrative requisition preventing the activation of or access to the services;
  • DDoS attack targeting the Client's domain name;
  • suspension or termination as defined in the "Suspension" and "Termination" articles.

In these situations, HODI may, as far as possible, assist the Client by way of technical support, without any commitment as to timeframe or result.

ARTICLE 11. Acceptable content and use

The Client undertakes to comply with all applicable legal and regulatory requirements in force, and in particular those relating to the protection of personal data, intellectual property, as well as the rights of third parties, and undertakes to comply with the GDPR.

HODI refuses to host adult content related to sex, child pornography, terrorism, or sites contrary to morality, good morals and applicable legislation, in particular that of the hosting country and that of France. The Client undertakes not to attempt to have such content or data hosted at HODI.

The following uses are strictly prohibited on HODI's Services:

  • Operating VPN, proxy, tunneling services or any form of network relay intended for third parties - with the exception of internal VPNs used by the Client for its own professional needs (e.g.: secure remote access to its own systems) and low-volume uses that do not constitute a service offered to third parties;
  • Carrying out network scanning, vulnerability detection, penetration testing or any other security audit activity targeting third-party systems - with the exception of the Attack Surface product by v6Protect (strictly limited to domains and IP addresses belonging to the Client) or with the express agreement of HODI;
  • Mining cryptocurrencies or operating blockchain or cryptocurrency network nodes;
  • Hosting clients, trackers or any peer-to-peer (P2P) file-sharing software such as BitTorrent or equivalent;
  • Hosting or operating any botnet-type system, command and control (C2) server, or any software designed to compromise, control or coordinate third-party systems without the knowledge of their owners;
  • Intercepting or eavesdropping on the network traffic of other clients or third parties (sniffing) without their explicit consent.

The broadcasting of video or audio streams to a large audience (streaming) as well as the provision of files for download on a large scale are subject to the prior express agreement of HODI.

The Client is responsible for the security of the files and software it hosts. It undertakes to take all necessary measures to prevent the presence of viruses, malware or any other malicious code on its hosting spaces.

ARTICLE 12. Suspension

12.1 Grounds for suspension

HODI shall be entitled, without prejudice to its other rights and remedies, to suspend the Client's access to the Services in the following cases:

  • Non-payment of one or more invoices by the Client;
  • Harm caused to HODI as a result of the use of the Services;
  • Sending of fraudulent emails or spam practices from HODI's infrastructure;
  • Use of the Services for unlawful purposes (e.g.: attacks against other servers);
  • Judicial request for the removal of unlawful content;
  • Declaration of bankruptcy, court-ordered liquidation, insolvency or cessation of activity of the Client;
  • Detection of viruses, malware or any malicious code;
  • Failure to comply with the limits of shared hosting;
  • Failure to comply with the "Acceptable content and use" article hereof.

In all cases, HODI undertakes to justify these events and decisions in writing by providing a written report specifying the reasons that led to this decision. This suspension is temporary. HODI may, depending on the breaches and their possible repetition, request the unilateral termination of the Contract, as detailed in the "Termination" article hereof.

The suspension of the Services shall not give rise to any refund of amounts paid or to any credit under the service level commitments (SLA), even if the Services are temporarily inaccessible.

12.2 Suspension for non-payment

In the event of non-payment of an invoice:

  • The Services provided by HODI will be automatically suspended two weeks after the due date of the said invoice;
  • The "marketplace" Services will be automatically suspended the day after the due date of the said invoice;
  • The suspension will be lifted automatically as soon as payment is received by HODI;
  • In the event of payment difficulties, the Client may request a deferral or a temporary lifting of the suspension, for a maximum period of one month. If HODI accepts this request, a manual intervention fee will be charged, amounting to €49 excl. tax or 3% of the total amount of the invoices concerned, whichever is higher. At the end of this period, if the situation persists, a new request may be made by the Client under the same conditions.

ARTICLE 13. Domain names

As part of the Services, HODI offers the registration and renewal of a domain name for the Client.

Taking on a domain name registration order entails, for HODI, only the obligation to forward the Client's request, within one business hour of its receipt, to the competent registry responsible for the allocation and management of domain names in the zone concerned. HODI is subject only to a best-efforts obligation. In the event of refusal of registration or renewal of the domain name requested by the Client by the competent authority, HODI will inform the Client of this decision as soon as possible and will refund the fees paid by the Client for the domain name. Likewise, certain domains may be subject by the registry to specific pricing that is not displayed on HODI's website (for example, dictionary word, widespread trademark, short word), and HODI will not be able to proceed with the registration of these domains and will inform the Client as soon as possible of the application of the specific pricing by the registry and will refund the fees paid by the Client for the domain name.

Any request to register a domain name entails the Client's prior and unreserved acceptance of the administrative and technical naming rules issued by the competent registries governing the requested domain name, and the acceptance, where they exist, of the rules for resolving conflicts that may arise between the holder of a domain name and any third party claiming rights over all or part of that name. Naming rules vary from one registry to another.

The Client provides all information likely to enable the registration of the requested domain name with the registry, and in particular the name and complete contact details of the person in whose name the domain name is registered, the name and complete contact details of the administrative contact and the technical contact, as well as information about the natural or legal person responsible for the technical operation of the domain name.

It is the Client's responsibility to regularly check the availability or unavailability of the desired domain names. HODI shall not be liable in the event that a domain name declared as available according to the Whois turns out to be ultimately unavailable at the time of registration.

The Client declares the information provided to HODI to be truthful and accurate. The Client undertakes, in the event of a change to any of the data previously provided in connection with the registration or renewal of a domain name, to notify HODI of this change in accordance with customary practice within two (2) business days of its occurrence.

HODI reserves the right to place the Client's domain name on hold during the resolution of a dispute.

In the event of non-renewal of the Client's domain name on the due date, it will cease to function and may be deleted by the registry concerned after a variable period, or may be renewable upon payment of a renewal penalty during the grace period and then the redemption period. The Client declares having read the details and time periods on the page https://hodi.host/domain/pricing. HODI shall in no way be liable for the consequences, whatever they may be, of the non-renewal of the domain name by the Client.

ARTICLE 14. Third-party claims

Any third-party claim justified by a court decision, including in summary proceedings, or by a decision resulting from the application of domain name mediation or arbitration procedures, shall be borne in its entirety by the Client.

Within the framework of these procedures, the Client may, without any notice, be dispossessed of the registered domain name in the event of transfer of the domain name to a third party who has initiated a claim. The domain name in question may also be suspended during the procedure and until its outcome.

If, on this occasion, HODI were to be implicated, the Client guarantees HODI against all costs incurred by the said procedure, whatever its cause and consequences, and whatever its nature, that is to say a judicial procedure or a mediation or arbitration procedure.

The costs incurred include, in particular, the financial commitments relating to technical interventions, the costs of the procedure as well as the fees of legal officers.

The same rules apply to requests submitted by the registries, ICANN or the supervisory authorities.

ARTICLE 15. Spam detection

HODI implements a system of technical measures intended to combat the sending of fraudulent emails as well as spam practices originating from its infrastructure. To this end, HODI carries out a verification measure of the emails sent by the Client. This operation consists of checking traffic using automatic tools.

The messages sent are forwarded for filtering to SpamExperts servers in the European Union. This operation is carried out entirely automatically. No human intervention is performed during the verification of the emails sent.

Messages detected as suspicious are stored in quarantine for analysis by HODI where applicable.

In the event of repeated sending from the Client's hosting of emails identified as spam or fraudulent, HODI may inform the Client and may block the sending of emails by the Client. HODI reserves the right to maintain the block for as long as it has not received proof from the Client that the cause of the problem has been resolved.

ARTICLE 16. Liability

Each Party is responsible for the performance of its contractual obligations.

HODI's liability, on whatever basis, may only be incurred for direct damages suffered by the Client as a result of a contractual fault exclusively attributable to HODI and demonstrated by the Client. HODI shall not be held liable for indirect or unforeseeable damages, whatever their origin. Whatever the circumstances, HODI shall in no case be liable for:

  • indirect damages;
  • loss of business, loss of customers, loss of revenue, loss of profits, loss of image and reputation of the Client, damage to the information system, loss or deterioration of data, loss of investments, loss of expected savings, and loss of productivity gains;
  • damages in the occurrence of which any breach of the Contract by the Client or the act of a third party has intervened;
  • damages caused by faults or defects in the hardware and/or software and/or networks and/or any other elements provided by the Client to HODI;
  • any service performed by the Client or by a third party.

The Parties agree that HODI's liability under the Contract may not exceed, all causes, triggering events and damages combined, all claims and bases whatsoever, an amount equal to the twelve (12) months of invoicing excl. tax issued by HODI to the Client under the Contract preceding the triggering event of liability at the origin of the principal damage.

The Parties expressly acknowledge and accept that the prices agreed in the Contract reflect the allocation of risk between the Parties and the resulting limitation of liability. They also acknowledge and accept that the amount of the cap negotiated and accepted between them under the terms provided for in this article is not derisory and does not contradict the scope of the essential obligation undertaken by HODI under the Contract.

The Client releases HODI from all liability regarding the data stored. The Client is solely responsible for its data.

In no event may HODI's liability be incurred for the services affected by a non-payment of an invoice by the Client, in particular in the event of suspension or termination by HODI.

ARTICLE 17. Cooperation

The Parties agree to cooperate throughout the term of the Contract.

Each of the Parties therefore undertakes in particular to:

  • be actively involved in the performance of the Contract;
  • communicate spontaneously in the event of difficulties related to the performance of the Contract;
  • request from the other Party any information and document necessary for the performance of the Contract;
  • provide the other Party with the information it requests as soon as possible.

In addition, the Client undertakes to be responsive and to cooperate effectively with HODI within the framework of the delivery of the Services, and in particular to:

  • make available all useful means necessary for HODI to fulfil its obligations within consistent timeframes;
  • refrain from any behaviour prejudicial to HODI;
  • alert HODI without delay in the event of difficulty.

ARTICLE 18. Intellectual property

All intellectual property rights, titles and interests belong to the Client. The use of the domain name by HODI is limited to hosting and the uses detailed in the "Commercial reference" article.

All intellectual property rights, titles and interests in the hosted content belong to the Client. The use of this content by HODI is limited to hosting.

The hosted content must be entirely original and must not infringe any copyright, any trademark or any other intellectual property right, title or interest belonging to any third party. If one or more of the elements mentioned above have been designed, in whole or in part, by a third party, or if a right, title or interest therein belongs to the latter, the Client must obtain the appropriate rights, allowing it, among other things, to keep and use the element or part thereof. If the Client fails to comply with any of the obligations mentioned above, in whole or in part, the Client must:

  • indemnify HODI for any damage suffered by the latter;
  • take up the defence of HODI if the latter is implicated or named as a party in legal proceedings brought by a third party and alleging the violation or usurpation, actual or apprehended, of any copyright, trademark or other intellectual property right, title or interest, and indemnify HODI for any monetary judgment in principal and interest as well as for all judicial and extrajudicial costs that HODI may incur as a result;
  • remove the web pages, text, graphic elements or software components used unlawfully, or replace them with entirely original elements or elements in which the Client holds rights, all without delay and at its own expense. If the Client fails to perform within the time limit set by formal notice, the Client irrevocably mandates HODI to remove the elements used unlawfully, all at the Client's expense.

ARTICLE 19. Confidentiality

Each of the Parties undertakes to:

  • keep confidential all information it receives from the other Party;
  • not disclose the confidential information of the other Party to any third party, other than employees or agents who need to know it;
  • use the confidential information of the other Party only for the purpose of exercising its rights and fulfilling its obligations under the Contract.

Notwithstanding the foregoing, neither Party shall have any obligation whatsoever with respect to information that:

  • has fallen or falls into the public domain independently of any fault by the receiving Party;
  • is developed independently by the receiving Party;
  • is known to the receiving Party before the other Party discloses it to it;
  • is legitimately received from a third party not subject to a confidentiality obligation;
  • must be disclosed under the law or by order of a court (in which case it must only be disclosed to the extent required and after having notified in writing the Party that provided it).

The obligations of the Parties with respect to confidential information shall remain in force throughout the term of the Contract and for as long, after its end, as the information concerned remains confidential for the disclosing Party and, in any event, for a period of twelve (12) months after the end of the Contract.

Each of the Parties shall return all copies of the documents and media containing confidential information of the other Party, as soon as the Contract ends, whatever the cause.

The Parties further undertake to ensure compliance with these provisions by their staff, and by any agent or third party who may intervene in any capacity whatsoever within the framework of the Contract.

ARTICLE 20. GDPR – Data Protection

The Parties agree to comply respectively with the regulations relating to personal data and in particular with Law No. 78-17 of 6 January 1978 on information technology, files and freedoms and with any applicable European regulation, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council and all the recommendations, deliberations and other standards issued by the French Data Protection Authority (Commission Nationale de l'informatique et Libertés) (hereinafter the "Data Protection Regulation").

Each of the Parties is responsible for the processing of personal data that it carries out as data controller.

HODI is responsible for certain processing necessary for the application of the Contract, in particular the identification details of the Client as well as its payment methods. As the host of the Client's content, HODI is also the Client's processor for any data processing it carries out through the Services.

Within the framework of the performance of the Contract, the Parties, and their possible processors, thus undertake to comply with their obligations under the Data Protection Regulation in the context of the personal data processing they are required to carry out and to enable the other Party to comply with its own obligations under the Data Protection Regulation.

In this respect, the Parties undertake to comply with the conditions for implementing personal data processing and in particular to ensure:

  • compliance with the purposes and means of the processing they have determined and to avoid any diversion of purpose or any processing for subsequent purposes that would not be compatible with the initial purpose(s);
  • that they will not process sensitive data within the meaning of the Data Protection Regulation;
  • compliance with the accuracy, quality and lawfulness of the data and the means by which one of the Parties collected and processed the data;
  • compliance with the security of personal data and to prevent personal data from being accessible to third parties not authorised to have access to such personal data, and to train its teams;
  • compliance with the retention periods applied to personal data in light of the purpose;
  • compliance with the rights of the data subjects;
  • compliance with the Data Protection Regulation, more generally by reporting any information or event that may have an impact on the processing.

In addition to its legal obligations under the Data Protection regulation, each of the Parties, and their processors, undertake to:

  • provide any instruction to the other Party regarding the processing of personal data, and in particular regarding the measures applied to the processing of personal data, such as information, security, retention period, etc.;
  • alert the other Party of any risk to the security of the personal data processed during the Services of which it becomes aware;
  • cooperate throughout the term of the Contract and after its end in order to enable the other Party to comply with the provisions of the Data Protection Regulation for the personal data of the data subjects.

Each of the Parties acknowledges and accepts that compliance with the provisions of this article is essential for the Parties, in particular insofar as they are indispensable for the Parties' compliance with the Data Protection Regulation, but also with the rights of the persons concerned by the personal data processed within the framework of the Services.

The Parties undertake to comply with the said provisions and mutually guarantee each other against any damage or against any action by any data subject or third party, whatever the basis of such action that may be brought against either Party.

In the event of non-compliance, each Party undertakes to take all measures, without delay, in order to immediately put an end to the breach of the said provisions and to limit the risks associated with such breach.

HODI is fully aware of the legislation applicable in this area. Consequently, HODI has adopted all the measures necessary for GDPR compliance, in particular through contracts such as the European Commission's Standard Contractual Clauses.

HODI describes the processing of personal data in its Privacy Policy available on its website.

ARTICLE 21. Backup

Within the framework of its activity, HODI implements a highly automated and supervised daily security backup procedure.

  • For all hosting, a DRP / BCP backup not accessible by the Client is performed every night with a retention of seven days. For servers located in a data center in La Réunion or in the European Union, this backup is carried out in a data center located in the same territory, less than 50 km from the data center hosting the Client's data, on SSD disks in order to allow a fast restoration. For servers located in a data center in other territories, this backup may be carried out in the same data center or in another data center in the same country.
  • For all hosting under the "web hosting and emails", "web hosting DRP/BCP" and "Nuaz" offers, a backup is performed every night with a retention of 30 days (or any other retention indicated on the quote) to a data center located in Germany. This backup excludes temporary and cache files as determined by HODI (list available on request from HODI). This backup allows the Client to restore individual items via an online interface. HODI may carry out the restoration on behalf of the Client, at its request, for a flat fee of €79 excl. tax (included in the VIP and CYBER+ offers).
  • For all hosting under the "CYBER+ hosting" offer, a backup is performed every hour with a retention of 24 hours to a data center located in Germany, separate from the data center hosting the Client's data. This backup excludes temporary and cache files as determined by HODI (list available on request from HODI). This backup allows the Client to restore individual items via an online interface. HODI may carry out the restoration free of charge on behalf of the Client, at its request.
  • For dedicated servers that have subscribed to the JetBackup granular backup option, a backup is performed according to the frequency and retention defined with the Client to a data center located in Germany. This backup allows the Client to restore individual items via an online interface. HODI may carry out the restoration on behalf of the Client, at its request, for a flat fee of €79 excl. tax (included in the case of a managed server).
  • For dedicated servers that have subscribed to the Acronis granular backup option, a backup is performed according to the frequency and retention defined with the Client to a data center chosen by the Client. This backup allows the Client to restore individual items via an online interface. HODI may carry out the restoration on behalf of the Client, at its request, for a flat fee of €79 excl. tax (included in the case of a managed server).

It is expressly brought to the Client's attention that HODI provides no guarantee of restoration time for backups, in particular for JetBackup or Acronis backups because these are stored in a territory different from that of the data center hosting the Client's data. In this case, the restoration may depend in particular on the availability and performance of international links, including submarine cables.

Furthermore, for dedicated servers located outside the European Union, only the Acronis or JetBackup backup solutions allow the implementation of a DRP / BCP with operational guarantees, in particular due to the political, regulatory or operational risks that may affect these territories. HODI may not be held liable for a loss of data in the event that the Client with a dedicated server outside the European Union has not subscribed to an Acronis or JetBackup backup option. Web hosting offers including JetBackup by default are not affected by this limitation.

ARTICLE 22. Commercial reference

HODI may make use of the name, brands, logo and contact details of the Client and the group to which it belongs, as well as a general description of the Services provided to the Client, in its presentations, customer files, case studies and other promotional or marketing materials, including, for example, in its responses to calls for tender, in its press releases, brochures, reports and statements, letters, white papers and electronic media such as emails and web pages.

The Client may at any time object to this use by sending a written request to HODI. This objection will take effect within thirty (30) days following receipt of the request and will apply only to future publications, with no retroactive effect on materials already distributed.

ARTICLE 23. Assignment and transfer

As the present Contract is concluded intuitu personae, the Parties shall refrain from assigning or transferring in any way whatsoever the rights and obligations resulting therefrom, without the express, prior and written agreement of the other Party.

ARTICLE 24. Subcontracting

HODI may engage any third party to perform this Contract. It nevertheless retains the direction and responsibility for the performance.

ARTICLE 25. Termination

25.1 Termination in the event of non-payment

In the event of non-payment of a renewal invoice for a Service after 60 days, the Service will be suspended 14 days after the due date, and terminated by HODI. Termination entails the deletion of the Client's data in accordance with the conditions defined in the "Reversibility (exit assistance)" article.

25.2 Termination in the event of breach

In the event of a sufficiently serious breach by either Party of any of its obligations under the present Contract, the Aggrieved Party may, by registered letter with acknowledgement of receipt, give the defaulting Party formal notice to remedy this breach within a period of thirty (30) days.

If, at the end of this period, the breach has not been remedied or no action plan has been provided, the Party suffering the breach may terminate the present Contract as of right, by registered letter with acknowledgement of receipt addressed to the defaulting Party, without prejudice to any damages to which the aggrieved Party may be entitled.

Termination entails the deletion of the Client's data and no amount already paid by the Client will be refunded.

25.3 Availability of backups after termination

As a security measure, HODI retains backups of the Client's data even after termination. These backups will be deleted automatically 30 days after termination for the "web hosting and emails", "web hosting DRP/BCP", and "Nuaz" offers and 7 days for the other services provided by HODI.

If necessary, the Client may ask HODI to restore a backup of a terminated service, or to transfer the backups to it, in return for the advance payment of a manual data recovery flat fee of €79 excl. tax per 500 GB tranche (excluding support and any shipping costs in the event of transmission on hard drive or USB key) during the aforementioned period.

ARTICLE 26. Force majeure

Neither party may be considered in default under the present Contract if the performance of its obligations, in whole or in part, is delayed or prevented as a result of a force majeure situation. Force majeure is an external, unforeseeable, irresistible event that makes the performance of an obligation absolutely impossible.

The Contract will be considered terminated as of right by agreement of the Parties if the force majeure persists for more than two (2) months.

ARTICLE 27. Economic balance of the Contract

If there is a change in circumstances that was unforeseeable at the time the Contract was concluded and that would make its cost excessively burdensome for a Party that did not assume the risk thereof, the Parties to the Contract should then meet to find an agreement for the resumption of the normal performance of the Contract.

The change in unforeseeable circumstances may be understood, for example, as technological, financial, economic, legislative or regulatory changes.

This agreement may take the form of financial and/or technical solutions likely to provide for the continuation of the Contract. This agreement must take place within a reasonable time. The Party suffering the contractual imbalance continues to perform its obligations during the renegotiation.

In the event of refusal or failure of the renegotiation, the Party suffering this imbalance may request the termination of the Contract as of right.

This termination takes place within a period of three (3) months from the sending by the requesting Party of a registered letter with acknowledgement of receipt informing the other Party of the wish to terminate all or part of the Contract due to a modification of the balance of the Contract.

The Parties then agree on the resolution of the Contract and in particular the date and conditions thereof.

ARTICLE 28. Independence

Each of the Parties retains its full and complete independence under the Contract.

Neither Party may validly bind the other Party or conclude a contract in the name of and/or on behalf of the other Party.

The Parties are independent of each other and no provision of the Contract may be considered or interpreted as creating a joint venture between the Parties, an employer-employee relationship or establishing a principal-agent relationship.

In addition, each of the Parties remains solely responsible, in particular towards its users, agents and its other customers, for its acts, allegations, commitments, services, products as well as for the development and sustainability of its activity independently of the Contract.

ARTICLE 29. Severability

The possible illegality or nullity of an article, a paragraph or a provision (or part of an article, a paragraph or a provision) shall not in any way affect the legality of the other articles, paragraphs or provisions of this Contract, nor the remainder of that article, that paragraph or that provision, unless there is an obvious contrary intention in the text.

ARTICLE 30. No waiver

The inertia, negligence or delay by a Party in exercising a right or remedy under the present Contract may in no case be interpreted as a waiver of that right or remedy.

All the rights mentioned in the present Contract are cumulative and not alternative. The waiver of the exercise of a right shall not be interpreted as a waiver of any other right.

ARTICLE 31. Reversibility (exit assistance)

For all Clients with a domain name registered with HODI, the Client may at any time, via its client area and without needing to contact HODI, carry out the following operations itself:

  • obtaining the auth-code (transfer code) of the domain name;
  • consultation, modification and export of the associated DNS zone.

For the "web hosting and emails", "web hosting DRP/BCP" and "Nuaz" offers, HODI also makes available to the Client, via its client area, the following reversibility operations, which can be carried out at any time:

  • creation of FTP accounts for a third party designated by the Client;
  • access to the files, emails, databases and other hosted items;
  • recovery of the available backups.

These operations carried out by the Client do not give rise to any invoicing from HODI.

For the "managed dedicated server" offer, HODI will create, at the request of the Client or of a third party designated by it, an administrator access (SSH or RDP) allowing the recovery of the data and the configuration of the new server. The login credentials will be transmitted to the Client or to the designated third party via a secure channel. This operation does not give rise to any invoicing from HODI.

For the "unmanaged dedicated server" offer, the Client is solely responsible for the creation, management and retention of the administrator access (SSH or RDP) of its server. HODI has no administrator access to this type of server and may not, consequently, provide, reset or transmit such access within the framework of reversibility operations. It is the Client's responsibility to put in place the means necessary to ensure the recovery of its data.

Within the framework of the reversibility operations, the Client may provide HODI with a reversibility plan describing the tasks to be carried out and their desired duration. Failing this, HODI will propose a quote to produce a plan on the basis of the needs expressed by the Client.

This plan, accompanied by a workload plan detailing in particular the technical assistance requested by the Client from HODI, will be submitted for the Client's approval in the form of a prior quote. The reversibility operations will start after the Client's agreement on this quote.

ARTICLE 32. Affiliation

A Client (whether or not it has ordered services from HODI) may submit a request to HODI to become an Affiliate.

In the event of acceptance by HODI that a Client becomes an Affiliate, hereinafter "Affiliate", HODI will provide the Affiliate with an affiliation code that the Affiliate must use in the links to HODI, allowing HODI to know the origin of the internet user and to remunerate the Affiliate accordingly.

The Affiliate undertakes to act in good faith towards HODI.

When clicking on a link with an Affiliation code, HODI places on the internet user's browser a technical cookie ("WHMCSAffiliateID") valid for a period of 90 days.

If an order and its full payment occur within a period of 90 days, HODI will credit to the Affiliate's client account the schedule of commissions defined on the page https://hodi.host/affiliation. HODI may revise the commissions by informing the Affiliate by email at least thirty (30) days before the effective date of the new rates. The commissions applicable to orders placed before this date remain those in force at the time of the order. The applicable commissions can be consulted at any time on HODI's website.

In the event that an internet user clicks on a link containing another affiliation code, the commission will be paid only to the Affiliate corresponding to the first affiliation code. In the event that the internet user deletes or modifies the technical cookie ("WHMCSAffiliateID"), the commission would not be due. In the event that the internet user was already a HODI Client, the commission would not be due. The Affiliate may request payment of the commissions received to its bank account on simple request, by providing HODI with an invoice and bank details (RIB). Any bank charges for the payment of commissions to a bank account are borne by the Affiliate.

HODI reserves the right to withdraw the Affiliate status from a Client subject to informing the Affiliate by email at least 30 days before the effective date, except in the event of a sufficiently serious breach where the effective date is the day the email is sent. In the event of withdrawal of the Affiliate status, no new commission would be due. HODI reserves the right not to pay any commission in the event that the transaction is fraudulent.

ARTICLE 33. Amendment of the General Terms of Service

These General Terms of Service may be amended at any time by HODI and the applicable version is the version found on HODI's website.

The present Contract may only be amended by another writing, duly signed by all the Parties.

ARTICLE 34. Disputes – Mediation – Courts

Prior to any legal proceedings, except in cases of emergency, the Parties undertake to submit all disputes relating to the present Contract to an attempt at amicable resolution.

To this end, as soon as a Party identifies a dispute with the other Party, it shall be its responsibility to request the holding of a meeting of the two Parties, in order to discuss the settlement of the matter that is the subject of the dispute. This request must contain the description of the subject of the dispute and the proposal of one or more solution(s), propose one or more date(s) for holding the meeting, and will be sent by registered letter with acknowledgement of receipt. This meeting must take place within a maximum period of ten (10) days from the receipt of the said registered letter by the recipient Party.

If within a period of twenty (20) days from the meeting, no solution is found, ratified by a writing signed by the representatives of the two Parties, each Party will regain its freedom of action and the provisions of the paragraph below will become applicable.

All disputes arising in connection with the present Contract, including those relating to its validity, its interpretation, its performance or its resolution, in the event of failure of the mandatory prior mediation, will be submitted to the Courts of Saint-Denis de La Réunion.

These General Terms of Service are originally drafted in French. This English version is a translation provided solely for the Client's convenience and information. Only the French version has legal and contractual value and is binding between the Parties. In the event of any contradiction, ambiguity or difference of interpretation between the French version and this English translation, the French version shall prevail. The French version is available at https://hodi.host/fr/cgs/.

Change history

Version Summary of changes
10/06/2026 Addition of the "Odoo Cloud" offer to the Services provided, to the managed services and to the SLA (Art. 2 and 8). Security incident notification within 72 h (§6.6), L3/L4 DDoS protection and blackhole (§6.7), overhaul of reversibility (managed / unmanaged administrator access).
01/04/2026 New "Maintenance and Managed Services" article (scope and exclusions), Acronis DRP offer outside the territory, anti-virus / EDR / managed SOC, new "Acceptable content and use" article (prohibition of third-party VPN, scanning, mining), restriction of transfers (authorised currencies and excluded countries).
01/09/2025 Expansion of the "marketplace" services (GDPR Audit, Housing Omega 1), payment by mobile money and transfer with "OUR" charges, removal of the fixed exchange rate, invoicing of services per one-hour tranche.
17/07/2025 Overhaul of the SLA (best-efforts obligation, compensation grid, supporting traceroutes), new managed DRP article (hourly replication, failover within 2 h, credits from 50 to 200 %).
11/03/2025 Creation of the "Service Level Agreement (SLA)" article (99.99 %/99.95 % availability, response times, compensation from 5 to 30 %, exclusions), splitting of article 2 (HODI Services / marketplace), v6Protect invoicing beyond one million requests.
31/08/2024 Splitting of the "web hosting and emails" / "DRP-BCP" offers, addition of the VigiSOC / VigiASSIST / VigiCSIRT and v6Protect services, replacement service clause in the event of discontinuation of a "marketplace" service.
30/05/2024 Netim as domain name registrar, restructuring of the Security article (antivirus / antimalware, WAF, Security Assurance Plan).
25/10/2023 Overhaul of the offer nomenclature (managed dedicated server / dedicated / VPS, web hosting, Nuaz / Nextcloud), expansion of the additional services, backup and reversibility extended to the Nuaz offer.
01/09/2023 "Marketplace" services as commercial intermediation (referral to the providers' terms of use), switch to monthly invoicing in the event of overage, detailed termination procedure for unpaid invoices, description of the Stripe payment circuit (alias, PCI compliance, non-storage by HODI), new "Additional services" article.
26/04/2023 Dedicated "Backup" article, destruction / redemption clause in the event of non-renewal of a domain, self-service reversibility (auth-code, FTP, backups).
12/04/2023 Overhaul of the backups (three levels: DRP/BCP, JetBackup, Acronis), restoration on request.
01/03/2023 Addition of the Wordpress Sérénité offer, termination via "Cancellation request" button (2-month notice period, 15 days for monthly), enrichment of the affiliation program, implementation of active anti-spam filtering via SpamExperts (servers in the EU) with quarantine and blocking of sending in the event of recurrence.
02/02/2023 Mandatory Hodi DNS in shared hosting, Let's Encrypt certificate conditional on IP pointing, creation of the affiliation program (90-day cookie), automatic termination after unpaid invoice.
05/01/2023 Annual price revision, dunning rules for card and SEPA payments, issuance of renewal invoices (14 days, 60 days for annual services), daily backup within the territory, clarification of cross-references between articles and addition of the link to the Privacy Policy.
15/12/2022 Addition of SEPA direct debit and creation of the "Payment dispute / Chargeback" article (fees of €15 and €25 excl. tax).
15/03/2022 Initial version.