Article 1Purpose
These Specific Terms set out the conditions specific to SwizCloud Linux and Windows virtual private servers (VPS). They supplement the General Terms.
Article 2Description of the service
The service provides the Customer with a virtual server with dedicated resources (processor, memory, storage, bandwidth) within the SwizCloud infrastructure, in the location chosen when ordering from those offered.
The features of each plan (vCPU, memory, disk space, network speed, IP addresses, options) are detailed on the website at the time of ordering.
Article 3Activation and term
The VPS is activated once payment has been validated. Activation is normally immediate and may take up to 24 hours.
The contract is concluded for the term chosen when ordering and renews automatically for the same term unless cancelled.
Article 4Use of the service
The Customer has full administrator access (root or Windows administrator). They are solely responsible for installing, configuring and running their software.
The uses prohibited by the General Terms apply, in particular attacks, scans and intrusions, spam and cryptocurrency mining without authorisation.
Article 5Windows VPS
Windows Server is installed as an evaluation version, without a licence. During the evaluation period set by Microsoft, the system is fully usable; when it expires, Microsoft restricts its operation (automatic restarts, activation warnings).
To keep using Windows Server, the Customer subscribes to the paid licence option offered by SwizCloud, invoiced in addition to the VPS for the duration of the option. The licence provided is tied to the VPS and cannot be transferred.
The Customer may also use their own licence, if they hold one that is valid for this use. In all cases, they comply with Microsoft’s terms of use.
SwizCloud cannot be held liable for restrictions or interruptions caused by the expiry of the evaluation version when the Customer has not subscribed to a licence.
Article 6Resources and limits
Each VPS is provided with the resources of the plan subscribed to. The Customer is responsible for managing and optimising them.
Traffic is not billed by volume; its use is governed by the fair use policy. Any abnormal use (traffic, storage, network abuse) may lead to a temporary suspension, additional invoicing or an offer to move to a suitable plan.
Article 7Backups and security
SwizCloud offers backup options for VPS. The Customer is responsible for activating them and for setting up their own external backups.
The Customer is solely responsible for the security of their VPS (updates, configuration, securing access). SwizCloud cannot be held liable for an intrusion, data loss or the exploitation of a vulnerability related to the Customer’s configuration.
Article 8Technical support
Support covers the availability of the infrastructure and the proper operation of the virtualisation platform. It does not include administration of the VPS (software installation, system configuration, application management), unless a managed services option has been subscribed.
It can be reached by ticket, by email, through the chat on the website and by phone.
Article 9Liability
SwizCloud uses the necessary means to ensure the availability of the infrastructure. It cannot be held liable for interruptions related to maintenance or security, failures caused by non-compliant use or by the Customer’s configuration, or data loss resulting from the Customer not making backups.
Its liability is limited to the amount paid by the Customer for the current period.
Article 10Termination
The Customer may cancel their VPS at any time from their client area; cancellation takes effect at the end of the current period. The current period is not refunded, except under the 72-hour guarantee provided for by the General Terms.
SwizCloud may suspend or terminate the VPS immediately, without notice, in the event of non-payment, breach of these terms or abusive or illegal use.
Data is deleted 7 days after termination. The Customer backs it up beforehand.
Article 11Availability commitment (SLA)
SwizCloud uses all reasonable means to ensure 99.9% monthly availability of its infrastructure, excluding force majeure, scheduled maintenance and security interventions.
If unavailability exceeds this threshold and is directly attributable to SwizCloud, the Customer may request compensation in the form of a credit on future invoices, to the exclusion of any refund:
- cumulative unavailability between 0.1% and 1% of the month: credit of 5% of the monthly fee for the service concerned;
- cumulative unavailability above 1% of the month: credit of 10% of the monthly fee for the service concerned.
Requests must be made by ticket within 30 days of the incident. No other compensation (damages, data loss, loss of business) may be claimed beyond these credits.
Article 12Anti-DDoS protection
All SwizCloud VPS benefit from network protection against distributed denial-of-service (DDoS) attacks. It limits the impact of attacks on the infrastructure and ensures reasonable continuity of service.
As no technology can fully eliminate the risk of interruption, SwizCloud does not guarantee absolute protection. In the event of a particularly massive or complex attack, SwizCloud may temporarily limit the traffic of the targeted service, filter certain flows or suspend the service to preserve the stability of the infrastructure.
No specific compensation is provided in the event of an interruption caused by a DDoS attack.
Article 13Final provisions
These Specific Terms supplement the General Terms of Sale and Use.
In the event of conflict, they prevail for everything relating to VPS. For any matter they do not cover, the General Terms apply in full.