Version dated 14 October 2026.
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, advice, installation and configuration of Customer 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
The following prices are indicative monthly net amounts in this version dated 14 October 2026. The accepted quotation confirms the scope, compatible devices, support hours and options. These plans are for business or institutional Customers within Article 2.
- Essentiel: €179 net per month, up to 3 devices, Atera monitoring and inventory, 1 hour of remote support per month, target initial response within the business day and a six-monthly review. ABB backup is available only as an ordered option.
- Sérénité: €289 net per month, up to 7 devices, Atera monitoring and patch management, ABB backup for compatible devices in the agreed scope, 3 hours of remote support per month, target initial response within 4 business hours and a quarterly review.
- Pilotage: €399 net per month, up to 15 devices, Atera inventory, alerts, patches, tickets and reports, ABB backup and periodic restore testing under the contract, 6 hours of remote support per month, target initial response within 2 business hours, a monthly review and recommendations.
The backup and restoration option is available exclusively with Essentiel at €39 net per month for up to 3 compatible devices. Essentiel with the option totals €218 net per month, excluding initial setup. Restoration is available as part of the backup service, but incident restoration work is separately charged under Articles 8 and 10.
A device means equipment within the quotation’s scope. Servers, virtual machines, NAS devices, network equipment and extra sites may have specific pricing. A 30-minute discovery discussion is free. Initial audits, installation, Microsoft 365 management, endpoint protection, off-site copies, training and documentation are quoted separately. Licences, subscriptions, third-party services, travel and out-of-scope work are excluded unless expressly included. Equipment and media are not included: the Customer must supply the NAS, backup disks and recovery media (USB drives, CDs/DVDs). The Provider does not sell or supply equipment.
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, Customer-supplied equipment or 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 devices and services expressly within scope. Support time is counted in fifteen-minute increments. Unused support is neither refunded nor carried forward unless the quotation states otherwise.
Incident restoration is charged separately and is outside included support hours even when backup is included in the plan. The indicative rate is €65 net per hour in thirty-minute increments of €32.50 net. The accepted quotation specifies the rate, estimate or cap and the rounding rule when an increment begins. Only technical work performed is charged; automatic data transfer is not continuous intervention time.
On-site work, travel, projects, migrations, deployment, installation of Customer-supplied equipment, incident restoration, detailed cyberattack investigation, out-of-hours work and services outside scope are separately quoted unless expressly included. Licences, subscriptions and third-party services are excluded unless included in the quotation.
Before restoration or additional work, the Provider obtains the Customer’s acceptance of a quotation or written agreement specifying the service and cost. Exceeding an accepted spending cap requires further consent. In an emergency, the authorised contact may agree by email.
Periodic restore testing under Pilotage remains included within its contracted frequency and scope. It is distinct from incident restoration. Recovery from failed storage media is not offered.
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 on compatible devices and versions. The quotation specifies source data, protected devices, destination, frequency, retention, capacity, encryption where applicable, access and any secondary or off-site copy.
Essentiel includes backup only when the option is ordered. Sérénité and Pilotage include backup for compatible devices within the agreed scope. Pilotage also includes periodic restore testing within the frequency, scope and scenario specified in the contract.
The plans do not include periodic checks of backup tasks. Setup does not constitute permanent monitoring. The Customer checks results and notifications accessible on its equipment and reports failures. The Provider reports anomalies of which it becomes aware during agreed work and remains responsible for proper performance of its services.
Initial setup is separately charged. For the Essentiel option, the indicative base is €179 net for up to 3 devices and 2 hours of remote work on an already operational NAS: agent and task configuration, verification of the first backup and a file restore test. Additional setup work and deployment for Sérénité or Pilotage are quoted separately.
Incident restoration of files, folders or entire compatible devices requires an available usable backup and an accepted quotation. The indicative rate is €65 net per hour under Article 8. Duration depends on data volume, network, equipment and recovery scope. An initial-response target is not a guaranteed completion time.
A successful backup does not guarantee restoration of every item. No numerical recovery point or recovery time is guaranteed without a written commitment. The Customer validates critical data, exclusions, retention and priorities. Recovery from failed storage media is excluded without removing responsibility for the Provider’s own faults.
Equipment and media are not included: the Customer must supply the NAS, backup disks and recovery media (USB drives, CDs/DVDs). The Provider does not sell or supply equipment. The Customer maintains required power, access, capacity and network prerequisites. A secondary off-site copy is included only if expressly ordered and quoted.
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 – Licences, third-party services and Customer equipment
RAPHAEL-AMATO does not sell equipment or parts. The Customer purchases any required equipment or part directly from the supplier of its choice. The Provider may advise the Customer, verify compatibility, and install or configure equipment supplied by the Customer.
Licences, subscriptions and third-party services are subject to their own terms, warranties, duration and service levels. The Provider communicates essential known conditions but cannot replace the publisher, operator or host. 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.
Equipment and media are not included: the Customer must supply the NAS, backup disks and recovery media (USB drives, CDs/DVDs). The Provider does not sell or supply equipment.
Article 14 – Invoicing and payment
Invoices are issued under the quotation and may be a condition for 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.
Form to complete and send
Complete and return this form only if you wish to withdraw from a contract covered by the withdrawal right described in Article 25. You may also send any unambiguous statement of your decision.
To RAPHAEL-AMATO – Raphaël Amato, 1 rue de la Lanterne, 16310 Roussines, France – Email: contact@raphael-amato.com.
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service:
Service concerned: ………………………………………………..
Contract concluded on: ………………………………………………..
Quotation or contract reference (optional): ………………………………………………..
Name of the business Customer: ………………………………………………..
Business address: ………………………………………………..
Name of the person acting on behalf of the Customer, where applicable: ………………………………………………..
Signature of the Customer or its authorised representative (only if this form is sent on paper): ………………………………………………..
Date: ………………………………………………..
(*) Delete as appropriate.