Alinto Group, hereinafter referred to as Alinto, is a company whose purpose is to provide unified electronic communication services and products, including the provision of internet-based messaging services. The acquisition of a product or a service implies an acceptance without reserve by the Customer of the present General Conditions of Sale. These General Conditions of Sale will prevail over any other document not expressly approved by Alinto.
The present General Conditions of Sale aim to define the contractual relations between Alinto and the Customer and the conditions applicable to any order made, whether the Customer is a professional or a consumer. Customer: contracting with Alinto or one of its resellers, to whom is granted the right to use the Services for his use, that of his customers, that of his employees, or any of his representatives. User: person, group of persons or entity, in the Customer's organisation or in relation with the Customer, for whom a personal account has been created on the Alinto platform, and who is therefore authorised to access the Services. Each user is assigned a mailbox, an email address, a storage space, and a personal account allowing to identify the corresponding person or a corresponding entity or a group of persons. Mailbox: Address of type [email protected] and associated with a physical space allowing to store or to make transit of messages and to manage them from computers. Services: All the messaging services and other services which are proposed to the professional customers on the Alinto platform. Content: All information, data, text, software, music, sound, photographs, graphic displays, video, or other materials that a user may produce, receive, send, transmit or retain using the Services. Contract: Agreement between Alinto and the Customer constituted by the acceptance by the Customer of the commercial offer (specified on the order form).
The present General Conditions of Sale have for object to define the conditions in which Alinto will propose the messaging services to the Customer and to its Users. Unless otherwise expressly agreed by the parties, they will apply to all contracts concluded with Alinto. The Customer wishes to enable its Users to use Alinto's email services by providing mailboxes, mailbox protection systems, or transactional email solutions. These services will be exploited on one or several mutualized computer platforms and put at the disposal of the Customer by Alinto.
The contract is concluded for a period of one year from the date of signature and will be renewed by tacit renewal for successive periods of one year, unless a co-contractor has expressed his willingness to terminate the contractual relation.
4.1. The services provided by Alinto will be hosted and exploited on Alinto infrastructures. Alinto guarantees that all its computer infrastructures are located within the European Union; if in a specific context the services were to be hosted in another area, this would be specified in the service offer. 4.2. Alinto transfers to the customer a right of use of its software, non-exclusive during the duration of the present contract. 4.3. Alinto commits to provide the Customer with a computer access with login and password allowing direct access to all the statistical information concerning the traffic and the administration service of the Customer. 4.4. Alinto commits to make its applications compatible with the main browsers of the European market available on Android, Windows and OSX. 4.5. Alinto certifies that it is in conformity with the provisions of the General Regulation for the Protection of Personal Data. As such, the personal data protection officer (DPO) can be contacted by email at: [email protected]. The provisions are taken concerning the use of personal data as a customer, partner or prospect, when you receive our products & services communications and our news as well as all the information relative to the management of your contract. Alinto does not manage personal data other than those required for B2B use. It informs its customers through its General Conditions of Use that the actions they can undertake within the framework of the implementation of our contracts must also respect the provisions of the GDPR. Data collect identification and security are part of the prerequisites of our technical processes. Alinto employees are contractually obliged to implement adequate measures to ensure data security and to report any incidents.
5.1. The Customer commits to inform its Users that their right to use the services must comply with the present conditions provided by Alinto and available on www.alinto.com. 5.2. As this is a professional service, the Users are obliged to regularly check and manage their messages. Any excess of the storage capacity of the Users will be invoiced to the Customer. The Customer is forbidden to carry out large-scale broadcasting operations without having informed Alinto beforehand and having obtained its agreement. Alinto reserves the right to block any account not respecting the usual practices. 5.3. The Customer will be responsible for training and assisting his Users in the use of the service. Alinto cannot be hold responsible for technical problems of access, use or incompatibility with the customer's computer equipment. 5.4. The Customer authorizes Alinto to mention it as a reference during the whole duration of the contract and for a period of one year after its termination, after validation by the Customer of the support used by Alinto.
6.1. Alinto transfers, according to the conditions defined in the Customer Contract, a right of use of its services and as such the Customer will not be required to pay for an exploitation licence during the validity period of the Contract. 6.2. The implementation of the service will be the subject of an offer drawn up in accordance with the Customer's technical requirements. This offer will be a fixed price and will be invoiced to the Customer when the service is implemented, unless otherwise agreed. An indicative evaluation is mentioned on the offer if it is a standard service. Subscription services will be invoiced annually as a matter of principle, and by derogation by quarter or half-yearly instalments in arrears with an invoice amount of more than €500 exclusive of tax unless otherwise stipulated on the order form. 6.3. At the opening of the service, Alinto gives to the Customer or to his appointed representative an access code to the service to administer his users. From this date, the Customer is autonomous in the creation of a mailbox for a User and accepts the responsibility of the management of the boxes. 6.4. Monthly, Alinto will base its billing on the maximum number of active or existing Mailboxes in the month with a minimum billing of 1 Mailbox per activated domain, even if it does not contain any Mailbox. Upon receipt of the invoice, the customer has 30 days to dispute the number of mailboxes invoiced by letter. After expiration of this period, the billing information shall be deemed to have been accepted by the Customer. Invoicing shall be carried out in arrears. Payment shall be made by direct debit or bank transfer within 30 days. Invoices are payable in euros at 30 days net from the date of invoice, transfer costs being borne by the Customer. Any delay in payment by the Customer will result in the service being cut off, the sums due remaining payable. Penalties are applied in the event of deferred payment or payment incident, based on 3 times the legal interest rate in force with a fixed indemnity for collection costs of €40 – no discount will be granted for early payment Invoices are sent in .pdf format by e-mail. Any postal delivery is charged at €5. 6.5. Services invoiced proportionally to usage, such as sending faxes or SMS, are carried out at the free initiative of the Client or its Users. Any transmission of a message or document to be sent will be invoiced to the Customer based on the conditions defined in the commercial offer. 6.6. When the Customer wishes to have adaptations or additional services to those provided for in the initial order, these services will be the subject of an estimate according to the Customer's technical requirements. This quotation will be a fixed price and will be invoiced to the Customer when the service is put into production. When the Customer requires Alinto's assistance for technical services which are attributable to the Customer, these will be invoiced at the time of the execution of these services at Alinto’s tariff. 6.7. A price revision may be applied annually. It shall be calculated at least based on the variation of Syntec index which is (October 2022): 289.4 according to the following formula: PA = PA1*(SA/SA1) where PA is the new applicable price, PA1, the old price, SA the SYNTEC index at the revision date and SA1 the old SYNTEC index. It will also be applied automatically if the service provided to the Customer integrates a product or service provided by a third party and is the object of a unilateral price increase exercised by this third party. In this case, Alinto will have to inform the Customer as soon as possible, and the increase will be calculated based on the increase of the said third party. 6.8. All prices given by Alinto are net of any taxes or withholding taxes as well as net of any bank fees.