Terms of Sale

These Terms of Sale govern the sale of the hosting services - virtual private servers (VPS), game servers and related services - offered by Association FreshPerf, registered office at 398 Avenue Lucien Cohen, 13430 Eyguières, France.

They apply to every order placed on freshperf.fr, to the exclusion of any other document and in particular of a business customer's purchasing terms. Placing an order constitutes unreserved acceptance of these Terms of Sale and of the Terms of Service.

Some provisions distinguish the consumer - a natural person acting for purposes outside their trade or profession - from the business customer. The protective provisions of the French Consumer Code benefit only the former.

The essential characteristics of each service (allocated resources, options, billing period, price) are presented on the product pages and restated in the order summary before payment.

Performance figures, attack-mitigation capacity and other indicators shown on the site are orders of magnitude observed on our infrastructure. They are provided for information and are not contractual quantified commitments. The only quantified commitment is the availability commitment in section 9 of the Terms of Service, where the measurement rules, exclusions and service credits are defined.

We may change our catalog and offers at any time. The characteristics applicable to an active service remain those in effect at the order date or at the last renewal.

Orders are placed online through the following steps:

1. selecting the service, its billing period and its options;
2. creating an account or logging in;
3. reviewing the detailed summary, with the ability to correct any error;
4. expressly accepting these Terms of Sale;
5. paying through one of the available methods.

The contract is formed once payment is collected and the order confirmation is sent by email. You are responsible for the accuracy of the information you enter; an incorrect billing address or VAT number is enforceable against you.

We reserve the right to refuse or cancel an order in the event of manifestly incorrect information, an unresolved prior dispute, suspected fraud, resource unavailability, or an intended use contrary to the Terms of Service. In that case, any amount already collected is refunded in full.

Prices are shown in euros. The site can display amounts excluding or including tax; in all cases the order summary states the amount excluding tax, the applicable VAT and the total due.

French VAT is applied to every order placed on the site, whatever the customer's country, at the rate in force shown in the order summary. The EU VAT number you provide is reproduced on your invoices for information only; it does not automatically trigger the reverse-charge mechanism and is not verified by the site.

A business customer established in another EU member state who believes the reverse-charge mechanism applies must contact us before ordering: the case is then handled manually by our billing team. No adjustment is made automatically after the fact.

Promotional prices and discount codes apply, unless stated otherwise, to the first billing period only. Renewal takes place at the then-current standard rate.

We may change our prices. A price change for an active service only takes effect at the following renewal and is notified to you at least thirty (30) days in advance. You may then terminate free of charge before it takes effect. Changes in VAT rates or applicable taxes are passed through automatically.

Payments are accepted by:

• PayPal, allowing payment by PayPal balance or by payment card, including without a PayPal account;
• FreshPerf account balance, alone or in addition to another payment method.

Payment data is handled by our payment service provider. We never store a full card number: only a token reference, the brand, the last four digits and the expiry date are recorded when you choose to save a payment method.

By saving a payment method and subscribing to an auto-renewing service, you authorise us to charge it for the amounts due at each renewal date until cancellation or removal of that payment method.

An invoice is issued for every payment and remains available in your client area. For any question: [email protected].

Account balance

The account balance is a credit usable exclusively on our services. It is not a payment instrument, bears no interest and is not transferable between accounts. A refund of the unused portion of a top-up made by payment may be requested at [email protected]; amounts credited as a goodwill gesture, as a credit note or from a conversion of referral earnings are not refundable in cash.

Services are usually activated within minutes of payment being collected. Access details are sent by email and available in the client area. Anti-fraud or identity checks may delay activation.

If deployment definitively fails, the order is cancelled: the payment is refunded and a credit note is issued automatically. No other compensation is due on that basis.

Under articles L.221-18 ff. of the French Consumer Code, consumers have fourteen (14) calendar days from the conclusion of the contract to exercise their right of withdrawal, without giving reasons and without penalty.

As our services are activated as soon as payment is made, exercising the right of withdrawal terminates the service concerned immediately and deletes the data it hosts.

To exercise this right, send an unambiguous statement by email to [email protected] or by post to the registered office, or use the model form reproduced in section 16. The refund is issued at the latest fourteen (14) days after receipt of your request, using the same payment method as the one used for the order.

The right of withdrawal does not apply to business customers, subject to the exceptions in article L.221-3 of the French Consumer Code.

Services are subscribed for the period selected at order time (weekly, monthly, quarterly, half-yearly, yearly or multi-year depending on the plan) and are tacitly renewed for an identical period unless cancelled beforehand.

Each period has a fixed length in days, independent of the calendar: 7 days (weekly), 30 days (monthly), 90 days (quarterly), 182 days (half-yearly), 365 days (yearly), and a multiple of 365 days for multi-year cycles. The charge date therefore shifts slightly from one renewal to the next, and a monthly subscription results in slightly more than twelve charges over a calendar year. The next due date is shown at all times in your customer area.

A renewal notice is sent before each due date. For contracts entered into by a consumer for a term of one year or more with tacit renewal, that notice is sent at the latest one month before the end of the period, in accordance with article L.215-1 of the French Consumer Code. Failing that, the consumer may terminate the contract free of charge at any time from the renewal date.

Termination by the customer. You may stop the renewal of a service at any time, in a few clicks, from the dedicated section of your client area, in accordance with article L.215-1-1 of the French Consumer Code. Termination takes effect at the end of the current period: the service remains accessible until then and no prorated refund of the period already paid is due.

Termination by us. We may terminate a service or an account by operation of law in the event of a material breach of the Terms of Service or of these Terms of Sale, persistent non-payment, fraudulent use, or where a decision of an authority compels us to. We may also discontinue an offer with sixty (60) days' notice, the current period being either served out or refunded pro rata.

Where that option is offered, you may move a service to a larger plan from your client area. The price difference is calculated pro rata for the days remaining in the current period and charged immediately; the full price of the new plan applies from the following renewal.

Moving to a smaller plan mid-period is not offered, and an already allocated resource cannot be reduced. To scale down, stop the renewal of the service and subscribe to the plan you want.

Applying the new resources may require a reboot of the instance. The summary shown before confirmation states the amount due.

Where payment is not made when due, in particular where an automatic payment fails, the following procedure applies:

Suspension interrupts neither the contract nor billing. Service is restored once the account is fully settled. After the deletion deadline, data and backups are permanently erased.

Business customers. Under articles L.441-10 and D.441-5 of the French Commercial Code, any late payment automatically triggers, without prior formal notice, late-payment interest at the statutory rate increased by ten points, and in any event no less than three times the statutory rate, together with a fixed recovery indemnity of forty (40) euros, without prejudice to further compensation on presentation of evidence.

Outside the cases provided for by law - right of withdrawal, statutory guarantee of conformity, definitive deployment failure - payments are not refundable, including where the service is not used or is terminated during a period.

Any refund granted gives rise to a credit note available in your client area. It is issued to the original payment method or, with your agreement, as a credit to your account balance. The original invoice remains unchanged: the credit note is the corrective document.

If you dispute a payment with your bank or payment provider without contacting us first, the services concerned may be suspended immediately and the corresponding handling costs re-invoiced to you.

Consumers benefit from the statutory guarantee of conformity applicable to digital services (articles L.224-25-1 ff. of the French Consumer Code) and from the statutory guarantee against hidden defects (articles 1641 ff. of the French Civil Code). These guarantees apply independently of any commercial warranty.

In the event of a lack of conformity, the consumer may request that the service be brought into conformity and, failing that, a price reduction or termination of the contract on the terms provided by law. Any request may be sent to [email protected].

Interruptions resulting from announced maintenance, force majeure, a justified suspension, a configuration or software under the customer's control, or a use contrary to the Terms of Service, do not constitute a lack of conformity.

The provisions on liability, its exclusions and its cap are set out in section 15 of the Terms of Service and apply here. They do not affect the rights consumers derive from mandatory consumer law provisions.

Complaints should first be sent to support, from the ticket system in your client area or to [email protected]. We undertake to respond within a reasonable time and to seek an amicable solution.

This procedure does not affect the rights consumers derive from mandatory consumer law provisions, including the right to bring proceedings before the competent court.

These Terms of Sale are governed by French law. Drafted in French and translated into English for your convenience, only the French version prevails in case of discrepancy. Jurisdiction rules are those set out in section 19 of the Terms of Service.

Complete and return this form only if you wish to withdraw from the contract, on the terms of section 7.

To the attention of Association FreshPerf, 398 Avenue Lucien Cohen, 13430 Eyguières, France - [email protected]:

• I hereby give notice of my withdrawal from the contract for the supply of the following service:
• Ordered on: …
• Order number: …
• Consumer name: …
• Consumer address: …
• Consumer signature (only if this form is notified on paper): …
• Date: …