General Terms and Conditions (GTC)

Security note

Operational parameters (scope, target server(s), backup frequency, retention, size/quota, options, SLA and operational constraints) are defined exclusively in the contract and/or quote. This document does not publish such details to reduce security risks.

Article 1 - Purpose

These general terms define how Resurgamus Informatique provides professional IT services to business customers (companies, law firms, professionals).

Article 2 - Services

Services may include: business software migrations (including legal migrations to Optimus), server installation and configuration, security (firewall, antivirus - Bitdefender partner), preventive and corrective maintenance, remote/on-site support, backup and disaster recovery policies, security audits and tailored documentation, VoIP services, and hosting of professional services in France (secure mail, self-hosted open-source solutions: Nextcloud, Vaultwarden, CryptPad, Optimus, etc.). Services are delivered based on an accepted quote or specific contract.

Article 3 - Customer-provided data

The customer must provide all information required to deliver the service (files, access, documentation) and remains responsible for data quality, legality and consistency. The provider ensures confidentiality within the strict scope of the engagement.

Article 4 - Liability regarding source data quality

Results depend directly on source data quality and integrity. Errors, omissions or inconsistencies in customer-provided data do not engage the provider's liability. Any required corrections/verification/enrichment may be billed as an additional service subject to a quote.

Article 5 - Pricing and payment

Prices are in euros, VAT not applicable (micro-entrepreneur). A 30% to 100% deposit may be required at order. Unless otherwise agreed, invoices are payable upon receipt. Out-of-scope requests require an additional quote. Late payment may trigger penalties (Article 10).

Article 6 - Limitation of liability

The provider is not liable for misuse, hardware/software failure not attributable to the provider, corrupted/incomplete source data, security incidents outside contractual scope, force majeure, or third-party events (attacks, carrier outages, etc.). Security/availability commitments are best-effort unless explicitly stated otherwise.

Article 7 - Hosting and third-party services

When the provider hosts services, data is stored in France unless stated otherwise in the quote/brochure. By exception, some services (including backup and disaster recovery) may be hosted within the EU/EEA for resilience; the location is specified in the quote/contract. The customer remains the data owner and may request export. Third-party operator services (OVH, Gandi, etc.) are managed as an intermediary; direct access is not included unless contractually stated.

Article 8 - Access and portability of personal data (GDPR)

Under GDPR (Articles 15 and 20), the customer has rights of access and portability. For end-to-end encrypted solutions (e.g., Vaultwarden, CryptPad), the provider has no access to decryption keys and can only provide data in its original format (potentially encrypted). The customer must keep credentials/keys needed for decryption. Upon request, the provider supplies relevant files and, if necessary, recovery/restoration documentation.

Article 9 - Referral discount (Optimus migrations)

A referral discount may apply subject to conditions (firm quote >= 2500 EUR, deposit paid, no applicable withdrawal/refund, referrer name provided at latest when the referred quote is accepted). Only valid for business software data migrations to Optimus. Discount applies to the final invoice and is not refundable nor convertible into credit.

Article 10 - Late payment penalties

In case of late payment, a fixed 40 EUR collection fee is due, plus statutory late interest.

Article 11 - Cancellation and termination

If cancelled after the deposit is paid, the deposit is retained as lump-sum compensation unless otherwise agreed in writing. In case of serious breach, either party may terminate via written notice.

Article 12 - Confidentiality

All exchanged information is confidential and may not be disclosed to third parties without prior written consent, except where required by law.

Article 13 - Disputes

These terms are governed by French law. Any dispute falls under the exclusive jurisdiction of the commercial court where the micro-entrepreneur is domiciled.

Article 14 - One-off interventions vs managed services

Interventions (diagnosis, fixes, configuration, installation, etc.) are one-off services and do not constitute a managed services contract. Managed services require a separate contract. Without it, no continuous monitoring obligation applies.

Article 15 - Antivirus license supply and management

The provider may resell professional antivirus licenses (including Bitdefender). The license remains the provider's property until full payment. In case of non-payment, the provider may suspend or revoke the license, without this being managed services. A license-only sale includes no endpoint administration or incident monitoring by default.

Article 16 - Optional antivirus management contract

The customer may subscribe to an antivirus management contract (central monitoring, updates, alerts, corrective actions, reporting). This requires a separate quote/contract. Without it, no preventive/corrective action is performed unless explicitly requested.

Article 17 - Limits of security interventions

Security recommendations are based on information available at the time. Without a full audit and contractual follow-up, the provider cannot be liable for later compromise. Customer negligence, evolving threats, or non-implementation of recommendations fully releases the provider from liability.

Article 18 - Documentation and deliverables

When documentation is included, it is delivered in a standard electronic format (pdf, docx, md, etc.). Unless stated otherwise, documentation is provided once at the end of the engagement and is not maintained/updated without a contract.

Article 19 - Corrective and evolutive maintenance

Corrective or evolutive maintenance may be provided upon request. Such work is always quoted and never implied unless a maintenance contract exists.

Article 20 - Intellectual property

Tools, scripts, automated deployments and technical files produced during the engagement remain the provider's intellectual property unless explicitly assigned. The customer receives a non-exclusive right of use for internal needs unless stated otherwise.

Article 21 - Access to hosted services

Admin access to hosted services may be provided upon written request. Otherwise, only standard user access is delivered. Any migration to a third-party hosting requires a specific billable service.

Article 22 - Test environment

For critical services (migration, major updates, installations), a test environment may be recommended. The customer assumes full responsibility if they refuse it against recommendations.

Article 23 - Software third-party limitation

The provider is not the publisher of installed software and is not liable for its proper operation, bugs or limitations. Installation does not include post-install maintenance/support unless stated otherwise. Any post-install assistance requires a specific quote.

Article 24 - Maintenance and support

Unless otherwise stated, work is one-off and includes no maintenance/support/update commitment. A maintenance contract may be proposed separately.

1 - Purpose and scope

These specific terms govern the encrypted offsite backup service "Resurgamus Backup" and supplement the general GTC. Scope, systems and operational parameters are defined in the contract and/or quote.

2 - Service overview

The service may include: deployment of the backup agent, automated backups of the defined scope, retention according to contract terms, and customer self-restore and/or assisted restore (billable) according to contract terms.

3 - Location and sub-processing

As an exception to the general hosting rule, "Resurgamus Backup" backups may be hosted in Germany (EU), GDPR-compliant and aligned with applicable security standards, to improve resilience. The exact location is specified in the contract and/or quote.

4 - Quota and adjustments

Storage quota, overage handling, and adjustment methods (plan upgrade or billing) are defined in the contract and/or quote. The customer agrees to cooperate to return within contractual limits in case of overage.

5 - Access and restoration

Access and restoration procedures (self and/or assisted), as well as billing for interventions, are defined in the contract and/or quote. For security reasons, operational details are not published in this document.

6 - SLA and response objectives

SLA and response objectives are defined in the contract and/or quote. They are best-effort and may be impacted by exceptional circumstances (major incidents, overload, supplier outages, etc.).

7 - Responsibilities

The provider implements the technical means for backup and security within the contractual scope. The customer remains responsible for their systems (power, network, access), scope consistency, and performing regular restore tests.

8 - Encryption and key management

Backups are encrypted. Key generation/delivery/storage terms are defined in the contract. The customer is responsible for securely storing their keys. If customer keys are lost/compromised, restoration may become impossible without provider liability.

9 - Pricing and invoicing

Service pricing and any intervention fees are defined in the contract, quote and/or invoices. Payments are due upon invoice receipt unless otherwise agreed.

10 - Term, termination and data return

Term, termination, and data return procedures are defined in the contract. Data return may require customer-provided media and may be billable based on time spent. If no return request is made within contractual deadlines, backups may be permanently deleted.

11 - GDPR compliance

The customer is the controller under GDPR. The provider acts as processor and only processes data on documented customer instructions within the service scope. Retention and deletion rules are defined contractually.

12 - Precedence

These backup-specific terms supplement the general GTC. In case of conflict, the backup-specific terms prevail for "Resurgamus Backup".