Draft English translation. The French version remains authoritative. Legal and linguistic review is required before publication.
Article 1 – Provider identification
Services are offered by Raphaël Amato, a sole trader operating under the trade name RAPHAEL-AMATO, SIREN 523 627 115 — SIRET 523 627 115 00034. Business address: 1 rue de la Lanterne, 16310 Roussines, France. Telephone: 07 60 55 29 57. Email: contact@raphael-amato.com. Website: raphael-amato.com.
Article 2 – Purpose and customers concerned
These terms and conditions of sale (“Terms”) govern IT services provided to business customers, associations and public-sector purchasers. They apply to the quotation, service order, subscription and any appendices accepted by the Customer, including remote or on-site support, supervision, maintenance, backup, cybersecurity, equipment, licences and related services.
Article 3 – Contract documents and acceptance
The accepted quotation, service order and signed appendices form the contract. Subject to mandatory law, the order of priority is: special contractual terms, the accepted quotation and its appendices, these Terms, then the Customer’s documents only where expressly accepted by the Provider. The Customer accepts the contract by signature, unambiguous electronic acceptance or written agreement stating the service and price.
Article 4 – Description of the offers
Website prices are indicative monthly amounts excluding VAT, published on 24 August 2026. The quotation confirms the number of devices, included services, support hours and options. A “device” means equipment monitored by the tools stated in the quotation; servers, virtual machines, NAS devices, network equipment and additional sites may have specific pricing.
A 30-minute discovery diagnosis is free. Start-up audits, device installation, one-off work, Microsoft 365 administration, advanced endpoint protection, off-site replication, awareness training, documentation and a simplified recovery plan are invoiced at the prices stated in the quotation. Licences, equipment, consumables, travel and out-of-scope services are excluded unless expressly included.
Article 5 – Prices, VAT and price changes
Contractual prices are those in the accepted quotation and are in euros. While the Provider benefits from the French VAT exemption scheme, invoices state “VAT not applicable, Article 293 B of the French General Tax Code”. If the tax position changes, legally applicable VAT is added from the statutory effective date.
Unless stated otherwise, quotations are valid for thirty days. Recurring-service prices are fixed for the period guaranteed by the quotation or, failing that, for the first twelve months. Any later change is notified at least thirty days beforehand; the Customer may terminate the affected service before it takes effect, without compensation other than amounts already due and expressly accepted third-party commitments.
Article 6 – Diagnosis, prerequisites and service activation
Work begins with collection of required information and, where stated, a start-up audit. The Provider may make activation conditional on correcting a critical risk, an available usable initial backup or upgrading incompatible equipment. Timelines begin only after quotation acceptance, provision of information and access, receipt of due payments and fulfilment of technical prerequisites.
Article 7 – Performance and service levels
Services are primarily performed remotely. On-site work is arranged where needed and included or authorised by the Customer. Support hours, business days and contact channels are those in the quotation. Stated response times are targets for initial handling, not guaranteed resolution times. They run only during contractual support hours and are suspended while the Provider awaits information, access, validation, parts, licences or third-party intervention.
Unless a written on-call commitment exists, the services are neither 24/7 cover nor a continuously available security incident-response centre.
Article 8 – Included support and out-of-scope work
Included support covers routine remote support for equipment and services expressly in scope; time is counted in fifteen-minute increments and unused time is neither refunded nor carried forward unless the quotation says otherwise. Unless stated otherwise, on-site work, projects, migrations, deployments, hardware replacement, scheduled work, data recovery, deep post-cyberattack investigation, out-of-hours work, services outside scope, licences, subscriptions, hardware, parts, consumables and third-party services are out of scope.
Before foreseeable out-of-scope work, the Provider supplies a quotation, estimate or applicable rate and obtains consent. In an emergency, consent may be given by email or by the authorised contact named in the contract.
Article 9 – Monitoring, maintenance and updates
Atera monitoring covers only equipment correctly enrolled, connected and covered by the contract. It may collect inventory, alerts and technical information, but does not guarantee detection of every anomaly or absence of failure or intrusion. Automated operations and patches are deployed under the agreed policy; updates may require a restart, prior approval, testing or separately chargeable work.
Article 10 – Backups and restoration
Backup services may use Synology Active Backup for Business and compatible equipment, storage, licences, connections and versions. The quotation states protected sources, frequency, retention, destination, encryption, alerts, tests and any secondary or off-site copy. The Essential offer includes backup only if ordered as an option; the Serenity offer monitors agreed tasks; the Steering offer adds periodic recovery testing as stated in the quotation.
A successful backup does not by itself guarantee recovery of every item. Unless expressly agreed, no numerical RPO or RTO is guaranteed. The Customer validates critical data, retention, exclusions, recovery priorities and regulatory duties.
Article 11 – Cybersecurity and incident management
Cybersecurity measures reduce risk but cannot guarantee absolute security. The Customer remains responsible for business decisions, user awareness, the legitimacy of access and applying accepted recommendations. In the event of a serious risk or incident, the Provider may temporarily isolate equipment, suspend remote access or recommend stopping a service where proportionate, and informs the Customer contact promptly.
Investigation, eradication, reconstruction, regulatory notification and assistance with external expertise are included only where the quotation provides for them. The Customer remains responsible for notifications to insurers, authorities, partners or affected persons.
Article 12 – Customer obligations
The Customer cooperates in good faith: appoints authorised contacts; provides accurate information, authorised access, licences and available documentation; reports changes, incidents, regulatory constraints and relevant third-party operations; maintains compliant hardware, electrical, network and software environments; holds required rights in entrusted systems, accounts, software and data; and applies or formally accepts critical recommendations, including updates, multi-factor authentication and backup copies.
Article 13 – Equipment, licences and third-party services
Third-party equipment, licences and subscriptions are subject to their own terms, warranties, duration and service levels. The Provider communicates essential known conditions but cannot replace the publisher, manufacturer, operator or host. Unless stated otherwise, equipment is ordered after payment of due amounts. Unavailability or change to a third-party service may require adjustment to scope, timeline or price; any material change is submitted to the Customer for agreement.
Article 14 – Invoicing and payment
Invoices are issued under the quotation and may be a condition for ordering or activation. A deposit may be stated in the quotation. Public-sector invoices are filed or sent under the applicable procedure and are payable within the statutory period, generally thirty days for contracting authorities, subject to procurement documents and the French Public Procurement Code. Any dispute must be reasoned and sent promptly; it does not suspend payment of undisputed sums.
Article 15 – Late payment and suspension
For private business customers, any sum unpaid on its due date bears, from the following day and without prior reminder, late-payment interest at the European Central Bank’s latest refinancing-operation rate plus ten percentage points, and never less than three times the statutory interest rate. A €40 fixed recovery fee is payable by operation of law for each late-paid invoice; additional evidenced recovery costs may be claimed. After eight calendar days following an ineffective formal notice, the Provider may suspend non-essential services, provided this does not disproportionately worsen a security or data-loss risk.
Article 16 – Duration, renewal and termination
Duration and any commitment are stated in the quotation. Without detail, a subscription is open-ended from activation and either party may terminate in writing with thirty days’ notice. During an expressly agreed fixed period, early termination is possible only as stated in the contract, for accepted legitimate cause or for the other party’s breach. In case of serious breach, the non-defaulting party may terminate fifteen days after an ineffective detailed formal notice, except where wilful security harm, unlawful use, fraud or definitive impossibility makes a delay unnecessary.
Article 17 – End of contract and reversibility
At the end date, the Provider stops recurring operations, removes its tools and access within a reasonable period, and returns or makes available documentation belonging to the Customer, subject to payment of due amounts. The Customer organises service handover, keeps or exports necessary data and provides new-provider details. Transition assistance, a specific export, migration or work after the end date is invoiced at the agreed rate.
Article 18 – Confidentiality
Each party protects confidential information received from the other and uses it only to perform the contract. Access is limited to persons and processors who need it and are subject to appropriate confidentiality obligations. The obligation lasts five years after contract end, and without time limit for trade secrets and security credentials while they retain that nature.
Article 19 – Personal data
Each party processes contact and contract-management data under its own responsibility and in accordance with applicable law and the Provider’s privacy policy. Where the Provider accesses personal data to administer, monitor, back up or support the Customer’s systems, the Customer is controller and the Provider is processor. The Provider acts on documented Customer instructions, ensures confidentiality and appropriate security, reasonably assists with data-subject rights, security, breaches and impact assessments, notifies known personal-data breaches promptly, controls sub-processors, and returns or deletes data at the end as documented by the Customer unless law requires retention.
A data-processing agreement compliant with Article 28 GDPR is concluded where the nature or scale of processing warrants it and prevails over this Article for matters it specifies.
Article 20 – Intellectual property and rights of use
Each party retains its pre-existing tools, methods, templates, software, trademarks, content and know-how. Subject to full payment, the Customer receives a non-exclusive, internal and lasting right to use reports, procedures and documents specifically created for its environment. The Provider may reuse generic elements, scripts, templates and know-how without disclosing Customer confidential information.
Article 21 – Liability
The Provider is subject to an obligation of means and performs diligently in accordance with professional standards applicable to local IT service providers. Subject to mandatory law, liability is limited to direct, certain and foreseeable damage resulting from a proven breach. Indirect loss, including loss of revenue, margin, opportunity, reputation or operation, is excluded, as is loss of data outside the accepted backup scope.
For private business customers, total compensation for the same event is limited to the net or pre-tax amount paid for the relevant services in the preceding twelve months, or, for a one-off service, the amount paid for that service. These limits do not apply to bodily injury, gross or wilful misconduct, or where mandatory law forbids them.
Article 22 – Force majeure and subcontracting
Neither party is liable for breach caused by force majeure within the meaning of Article 1218 of the French Civil Code. The affected party informs the other promptly, limits effects and resumes performance as soon as possible. The Provider may use specialised subcontractors under its contractual responsibility, including for monitoring, hosting, security and backup tools; their processing of personal data is governed by Article 19.
Article 23 – Evidence, communications and amendment
Electronic exchanges, ticket logs, job reports, validations and electronic signatures may be used as evidence where their integrity and author can be established. A new version of the Terms applies to new quotations. For an ongoing contract, a change is notified at least thirty days in advance and cannot substantially reduce the Customer’s rights during a fixed period without agreement.
Article 24 – Complaints, governing law and disputes
Complaints should be sent to contact@raphael-amato.com with contract references, facts and relevant documents. The parties seek an amicable solution for a reasonable period, normally thirty days, before action, except in an emergency or where a limitation period is expiring. Contracts are governed by French law. Between merchant businesses, and subject to mandatory law, disputes fall under the courts with jurisdiction over the Provider’s registered location. Public procurement is governed by the procurement documents, the French Public Procurement Code and the competent administrative court.
Article 25 – Withdrawal right for certain small businesses
A business Customer may benefit from the protections in Article L.221-3 of the French Consumer Code where an off-premises contract is outside its main activity and it employs no more than five people. If conditions are met, the Customer generally has fourteen days from contract conclusion to withdraw. If early performance is expressly requested, the Customer pays the proportionate amount for services performed until withdrawal; after full performance, the right is lost only with prior express consent and acknowledgement.
Appendix 1 – Withdrawal form
This form is reserved for business Customers meeting the conditions of Article L.221-3 of the French Consumer Code. It may be sent by email to contact@raphael-amato.com or by post to RAPHAEL-AMATO, 1 rue de la Lanterne, 16310 Roussines, France.
Statement
I hereby notify you that I withdraw from the services contract identified above.