Terms of use

MTXSERV SAS
SPECIAL TERMS AND CONDITIONS FOR GAME SERVER RENTAL AND HOSTING
Latest version, updated September 30, 2019

ARTICLE 1: PURPOSE

The purpose of these special terms and conditions is to define the technical and financial conditions under which the company MTXSERV SAS undertakes to rent the Client's game server and host it on its own servers.

ARTICLE 2: MEANS

The server platform, owned by the company MTXSERV SAS, on which the Client's game server will be installed is accessible to the public via Internet by means of workstations connected to the Internet. Throughout the period during which the Client's dedicated server is hosted and/or rented, the company MTXSERV SAS provides the Client access to a server administration panel allowing the Client to carry out essential server management tasks (startup, shutdown, restart, reinstallation, etc.).

ARTICLE 3: TECHNICAL SUPPORT

The company MTXSERV SAS makes technical assistance, provided by various members of the company's tech support team, available to the Client. The company MTXSERV SAS undertakes to resolve the technical issues encountered by the Client within reasonable deadlines. In the event of unacceptable delays, the Client may demand prorated financial compensation for the loss suffered.

ARTICLE 4: CONDITIONS OF PROVISION OF SERVICES

The company MTXSERV SAS shall notify the Client via e-mail of the provision of the game server. The effective online launch shall determine the initial date as of which billing shall take effect. The provision of the server shall occur within a few minutes of effective payment of the purchase order by the Client, subject to availability.

The server rented to the Client remains the property of the company MTXSERV SAS. Any server rented or hosted by the company MTXSERV SAS has a fixed IP address and dedicated port. The server shall be hosted on the server platform of the company MTXSERV SAS. The company MTXSERV SAS offers the Client various categories of servers, the hardware and software configurations of which are described online on the website https://mtxserv.com. The various applicable rates are described online on the corporate website of MTXSERV SAS (https://www.mtxserv.com).

The Client is a user of the server rented from the company MTXSERV SAS. The Client has the opportunity to install maps and plugins on the server via its FTP access or administration panel. He/she assumes full responsibility for any such installations, and the company MTXSERV SAS cannot be held liable for any server malfunction subsequent to such installations.

ARTICLE 5: OBLIGATIONS OF THE COMPANY MTXSERV SAS

The company MTXSERV SAS undertakes to dedicate all necessary care and diligence to the provision of a quality service in accordance with state-of-the-art industry standards. The company MTXSERV SAS thus undertakes to:

5.1 Maintain the server in proper working order. In the event of a malfunction of the server rented to the Client, the company MTXSERV SAS undertakes to replace the server without undue delay, unless it is not at fault for the malfunction, such as in the case of hardware failure, or any other intervention that would require a service interruption in excess of normal replacement times. In the latter case, the company MTXSERV SAS shall notify the Client immediately.

5.2 Ensure access to the server via Internet 24 hours per day, every day of the year. The company MTXSERV SAS reserves the right to interrupt the server to perform technical maintenance for the purpose of improving server operations. The same guidelines applies to any and all updates to the game server.

5.3 Intervene quickly, upon request of the Client, in the event of an incident not resulting from misuse of the server by the Client.

5.4 Maintain its tools at the highest level of quality in accordance with regulations and use.

ARTICLE 6: RESPONSIBILITY OF THE COMPANY MTXSERV SAS

6.1 The company MTXSERV SAS reserves the right to interrupt the game server rented to the Client if that server represents a danger to the continued security of the hosting platform owned by the company MTXSERV SAS, whether due to pirating of the aforementioned server, to the detection of a loophole in the system's security, to a necessary server update, or to illegal use in violation of the copyrights of the publishers/distributors of the various games.
The company MTXSERV SAS shall, whenever possible, notify the Client in advance, within a reasonable time frame, specifying the nature and duration of the intervention, so that the Client may make any necessary arrangements.

6.2 The company MTXSERV SAS undertakes to restore the server as soon as the corrective interventions have been performed by the Client. The company MTXSERV SAS shall not be held liable for the content of information, sound, text, images, layout, or data accessible on the Client's game server and transmitted or posted online by the Client, for any reason whatsoever. The company MTXSERV SAS shall not be held liable for full or partial non-compliance with an obligation and/or malfunction on the part of Internet access provider networks, in particular its access provider(s).

6.3 The company MTXSERV SAS undertakes to provide a quality service with regard to third-party software, add-ons, plugins, or any other optional software element that it has not pre-installed, but it shall not be held liable in the event of the malfunction thereof or the consequences that they may cause for the original service delivered by MTXSERV SAS.

ARTICLE 7: OBLIGATIONS AND RESPONSIBILITY OF THE CLIENT

7.1 Within a hosting framework, the Client maintains full and exclusive responsibility for the server entrusted to the company MTXSERV SAS. Under these terms, the Client cannot claim reimbursement, replacement, or any compensation whatsoever from the company MTXSERV SAS for any damages or failures to which its server may be subjected. In the event of a malfunction of the server entrusted to the company MTXSERV SAS by the Client, the company MTXSERV SAS shall not be held liable for the service interruption. The Client shall not have direct access to its server.

7.2 The Client acts as an independent entity and consequently assumes all risks and perils associated with its activity. The Client has sole responsibility for the services hosted on its game server; for the content of any and all information transmitted, circulated, or collected; and for the operation and updating of the aforementioned information and of all files. The Client undertakes in particular to respect the rights of third parties, in particular the personality rights and intellectual property rights of third parties, as well as copyrights, patent rights, and trademarks. Consequently, the company MTXSERV SAS shall not be held liable for the content of information transmitted, circulated, or collected, or for the operation and updating of the aforementioned information and of all files, for any reason whatsoever. The company MTXSERV SAS can only warn the Client of the legal consequences that may stem from illicit activities on the server and disclaim joint liability for the use of data provided to web users by the Client. In such cases, the Client shall not be able to claim any refund from the company MTXSERV SAS of amounts already paid.

7.3 The Client alone shall bear the consequences of a malfunction of the server caused by any use thereof by members of its staff or by any person to whom the Client has provided its password(s). Likewise, the Client bears sole responsibility for the loss of the aforementioned password(s).

7.4 In order to maintain the level of security of the Client's server and of all the servers on its hosting platform, the company MTXSERV SAS undertakes to notify the Client, by email via a mailing list, of the availability of updates to the applications maintained by the company MTXSERV SAS, for which a security flaw has been detected. In the event that the company MTXSERV SAS detects that the Client's equipment has been hacked, an email shall be sent to the Client indicating that a reinstallation procedure is necessary in order to maintain the integrity of the server and of the hosting platform as a whole. The Client shall then be able to order such a procedure from the company MTXSERV SAS, after saving all of its data. The company MTXSERV SAS reserves the right to interrupt the server while waiting for the equipment to be reinstalled to like-new status. The company MTXSERV SAS is not required to handle the transfer of data from the hacked system to the new system. This transfer must be made by the Client.

7.5 It is the Client's responsibility to take all necessary measures to save its data.

7.6 It is the Client's responsibility to pay any and all licensing fees or usage rights contracted with the company MTXSERV SAS or with a third party. In the absence of such payment, the company MTXSERV SAS reserves the right to suspend the Service without prior notice.

7.7 The company MTXSERV SAS reserves the right to verify the Client's compliance with these provisions in the course of its use of the Service. The company MTXSERV SAS reserves the right to suspend the Service without prior notice in the event of the Client's non-compliance with the specific and general terms and conditions of the company MTXSERV SAS and, in general, with all laws and regulations in force, as well as with the rights of third parties.

7.8 The Client is solely responsible for the operation of third-party software programs, add-ons, plugins, or any other optional software element not pre-installed by the company MTXSERV SAS. Qualitative issues with the service brought on by these optional elements cannot be the basis for a challenge to the quality commitment of the company MTXSERV SAS referred to in Article 6 hereinabove.

ARTICLE 8: RATES AND BILLING

The rates indicated on the website https://mtxserv.com are inclusive of all taxes and are quoted for a one-month rental. The rate varies based on the server model and rental duration selected by the Client at the time of order. Only the rate indicated on the order form issued by the company MTXSERV SAS shall correspond to the total amount payable by the Client. It is the Client's responsibility to determine the exact service option that best meets its needs, as the option cannot be modified during the execution of the contract. The company MTXSERV SAS undertakes to dedicate all necessary care and diligence to the provision of a quality service in accordance with state-of-the-art industry standards. The company MTXSERV SAS reserves the right to interrupt service to carry out a technical intervention in order to improve the operation of its service. The company MTXSERV SAS shall, whenever possible, notify the Client in advance, within a reasonable time frame, specifying the nature and duration of the intervention, so that the Client may make any necessary arrangements.

ARTICLE 9: DURATION OF SERVICE AND TERMINATION

The service is contracted for a period of time selected by the Client upon establishment of its Purchase Order or until the expiration of the dedicated server. The service begins as of the date of availability. The service can be renewed by the Client upon conclusion of the term, for the period selected, according to the rates, contracts, and conditions of the company MTXSERV SAS in effect as of the renewal date, unless terminated by either party according to the terms and deadlines specified below.

ARTICLE 10: RIGHT OF WITHDRAWAL

In accordance with the provisions of Article L.221-28 (1) of the Consumer Code, given that mTxServ proceeds to execute the provision of service immediately upon order confirmation, the right of withdrawal cannot be exercised.

If the service has not yet been implemented (in particular, in the event of a service installation issue or a shortage of stock), this right of withdrawal may be exercised through the web page https://mtxserv.com/support, which entitles the Client to a refund of the fees already paid by the User, within thirty (30) days of receipt of the request.

Any request for withdrawal that does not comply with the legal deadline or the formalities of the preceding paragraph shall not receive consideration.