service: name: OVH
sector: Cloud storage
date: 11.06.2020
document: text:  
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GENERAL TERMS OF SERVICE 
Latest version dated 11 June 2020 
 
The purpose of the present General Terms of Service is to define the terms and conditions for the provision 
and use of OVHcloud Services.  
These General Terms of Service form, together with the applicable Specific Terms of Service and all of the 
documents which they make reference to, constitute a single contract (hereinafter the “Contract”) between 
OVH HOSTING LIMITED, headquartered at Enterprise House, O’Brien Rd, Carlow,   and registered under 
number 468585 (hereafter known as “OVHcloud”), and any physical or legal person, consumer or business, 
governed by private or public law, creating a Client Account on the OVHcloud Website (hereafter known as 
the “Client” or “Customer”). The Client and OVHcloud are individually and jointly known as the “Party” or 
“Parties”, respectively.  
Expressions beginning with an upper-case letter are defined within the present General Terms of Service, or 
in the OVHcloud Glossary, available on the OVHcloud Website and hereafter in the Article 12. 
 
ARTICLE 1: ORDERING SERVICES 
1.1. Client Account.  To be able to order OVHcloud Services, the Client must have a valid Client Account. 
The Client creates its Client Account online within the OVHcloud Website. The Client shall provide all the 
required information (email address, name, address, bank details, etc.), and undertakes that all of the 
information thus provided is correct and up to date throughout the entire duration of the Contract. When a 
Client Account is created and used by a third party, such person shall be considered as acting in the name 
and on behalf of the Client and having full power and authority to enter into and perform this Contract on 
behalf of the Client.  
 
1.2. Activation of the Client Account. Prior to the activation of the Client Account, as well as at any time 
while the Contract is in effect, OVHcloud reserves the right to verify the accuracy of the information sent by or 
for the Client Account, and to request supporting documents from the Client. OVHcloud reserves the right 
not to activate, or to deactivate, the Client Account in the event that any of the information provided by the 
Client is incomplete, inaccurate, or fraudulent.  
 
1.3. Orders.  Once its Client Account has been activated by OVHcloud, the Client can order Services. 
Depending on Services, Orders can be sent using the OVHcloud Website and/or directly using the Client’s 
Management Interface and/or using an API which OVHcloud may provide for said purpose. The Client is solely 
responsible for the management of its Client Account and associated authentication credentials (user 
names, passwords, etc.). Any Order for Services sent from the Client Account is deemed to have been 
submitted by the Client and is binding on the Client. The terms and timescales for the provision of Services 
vary depending on the Service ordered. Some Services are made available only upon receipt by OVHcloud of 
payment from the Client in advance for the relevant Services. It is the responsibility of the Client to ensure 
that the delivery terms for the ordered Services meet its needs.  
ARTICLE 2: SERVICES 
2.1. Applicable Terms of Service.  The provision and use of the Services are governed by these General 
Terms of Service, the Data Processing Agreement, the Specific Terms of Services applicable to the concerned 
Services, any other conditions referred by the General Terms of Services and Specific Terms of Service, such 
as Third Party Product Terms of Use and OVHcloud Deontological Charter, along with any other information 
given to the Client during the Order (“Terms of Service”). The use of Third Party Products (such as software 
programs, systems, applications, etc.) provided by OVHcloud in the provision of the Services may be subject 
to specific terms of use (referred to as Third Party Product Terms of Use). The Special Terms of Service, and 

 
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the Third Party Product Terms of Use supplement these General Terms of Service. In the event of 
contradiction, the Specific Terms of Service, as well as the General Terms of Service, shall prevail over the 
Third Party Product Terms of Use. The General Terms of Service in effect are available on the OVHcloud 
website , and may be sent to the Client upon request addressed to OVHcloud Support. The Terms of Service 
may vary depending on the country where the Services are located. 
 
2.2. Information related to the Services.  OVHcloud makes available to the Client via the OVHcloud 
Website, online resources which enable the Client to be informed of the characteristics of the Services 
offered. These resources may include, in particular, (a) information regarding various available features, 
configurations, options and ranges and(b) documentation, technical guides and/or examples (or use cases) 
on using the Services so as to facilitate better understanding and use of the Services. The Client may obtain 
additional information regarding the Services by contacting OVHcloud Support in accordance with article 4 
below. In cases where OVHcloud offers Services which comply with known standards or specific regulations 
which apply to certain activities, OVHcloud shall communicate its scope of responsibility as well as the 
conditions in which OVHcloud complies with said standards or regulations.  
 
2.3. OVHcloud commitments and obligations. OVHcloud undertakes to exercise reasonable care and skill 
in providing Services in accordance with the characteristics, terms and levels of Service stated in the 
Contract. In particular, OVHcloud agrees to exercise reasonable skill and care in keeping in place a 
competent team responsible for assisting the Client and handling Incidents (“OVHcloud Support”) and 
ensuring the availability and security of Services in accordance with the applicable terms and performance 
levels.  
 
2.4. Subcontracting. Subject to the provisions of the Data Processing Agreement, OVHcloud may 
subcontract all or part of the Services to its Affiliates. Within the scope of the Contract, OVHcloud may freely 
recourse to third parties (such as energy providers, network providers, network interconnection point 
managers or collocated datacenters, material and software providers, carriers, technical providers, security 
company), without having to inform the Client or sollicitate it prior approval. However, subject to 
contradictory provisions of Specific Terms of Service in effect or Client’s specific agreement, no performance 
implying access to the Content stored by the Client within the scope of the Services shall be subcontracted 
outside of OVHcloud Group. OVHcloud shall in all cases remain primarily liable for the provision of the 
subcontracted Services.  
ARTICLE 3: TERMS OF USE OF THE SERVICES  
3.1. Compliance with the Terms of Service. The Client agrees to order and use the Services in accordance 
with the Terms of Service in effect. The Services must be used in good faith. In particular, the Client 
undertakes to comply with these General Terms of Service, the Specific Terms of Service, the Data Processing 
Agreement and the applicable Third Party Product Terms of Use, as well as any information communicated 
to the Client at the time of the Order. When using the Services on behalf of a third party, or authorizing a third 
party to use the Service, the Client undertakes to communicate the relevant terms to that third party and 
procure compliance of the same by the relevant third party. 
 
3.2. Selection of Services.  Before ordering and using the Services, the Client shall familiarize itself with all 
of the applicable Terms of Services (in particular, the Specific Terms of Service and the Third Party Product 
Terms of Use), and study all of the documentation, configuration, options and ranges of services available, in 
order to select Services and characteristics suited to the Client's needs and those of the third parties for 
whom or on whose behalf the Services will be used. In particular, the Client shall verify that the Services are 
suited to the legal and regulatory requirements applicable to the activities performed within the scope of the 
use of the Services. In order to obtain any additional information regarding the Services, the Client may 
contact OVHcloud Support as set out in article “OVHcloud Support” hereafter. The terms and characteristics 
of the Services shall be updated regularly. The Client is responsible to take note of these updates, 
particularly when placing new orders.  

 
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3.3. Connection. To use the Services, the Client must ensure that it has access to a remote connection (such 
as the Internet or a private network), which it is solely responsible for and bears the costs of. The Client is 
hereby informed that the Internet presents technical hazards and security risks that are external to the 
technical measures employed by OVHcloud in the provision of the Services. OVHcloud shall not be held liable 
for any faults by Internet access providers or other third party data transport networks (including but not 
limited to lack of reliability of connection lines, bandwidth fluctuations, connection interruptions, etc.), nor 
for the consequences of said faults, particularly in cases when they result in the unavailability or 
discontinuity of the Services.  
 
3.4. Means of authentication.  The Client is responsible for the management and confidentiality of the 
necessary means of authentication for connecting to and using the Services. The Client shall ensure that the 
Users are knowledgeable of and follow standard practices which enable them to maintain the confidentiality 
of their authentication credentials. The Client is solely responsible for any consequences which may arise 
from the loss, disclosure, or fraudulent or illicit use of the authentication credentials provided to Users. 
OVHcloud shall in no way be held liable in this regard. The Client undertakes to immediately inform 
OVHcloud of any loss or disclosure of any authentication credentials, and immediately proceed with 
changing said authentication credentials.  
 
3.5. Content.  With the exception of items provided by OVHcloud, OVHcloud does not intervene in the 
handling of information, data, files, systems, applications, websites and other items which are reproduced, 
hosted, collected, stored, transmitted, distributed, published, and more generally used and/or operated by 
the Client within the scope of the Services (collectively known as Content), and is forbidden from accessing 
said Content for any other purpose than as necessary for the execution of the Services. OVHcloud does not 
perform any verification, validation or update operations on said Content. Likewise, OVHcloud does not 
perform any particular backups of Content stored in the scope of the Services. Therefore, the Client is solely 
responsible for taking all necessary measures to safeguard its data in order to protect it against risk of loss or 
degradation regardless of cause. The Client shall ensure that the Content is legal and used in accordance 
with applicable industry standards, laws and regulations. Any use of illegal or fraudulent Content (such as 
the distribution, publication, storage or transmission of content of sexually explicit material, content that is 
obscene, offensive, hateful or inflammatory, incites crimes against humanity, acts of terrorism, paedophilia, 
anti-Semitism, racism, or content inciting hatred or discrimination towards individuals by reason of their 
gender, religion, sexual orientation or identity, or disability), or the illegal or abusive use of Content (for 
example, fraudulent use of content, or use of content in violation of rights belonging to a third party such as 
personality rights, copyrights, patents, brands or other intellectual property rights) within the scope of 
Services is prohibited, and can lead to, at the sole discretion of OVHcloud, the immediate suspension of all or 
part of the Services provided under the Contract, the deactivation of the Client Account and/or the 
termination of the Contract by OVHcloud, without prejudice to OVHcloud's other rights and remedies under 
the Contract or at law.  
 
3.6. Compliance with laws and regulations and the OVHcloud Deontological Charter. The Client shall 
use the Services in a reasonable manner, in accordance with the OVHcloud Deontological Charter available 
on the OVHcloud Website and shall comply with all applicable laws and regulations. The Client undertakes to 
remain attentive to any updates or changes to said Deontological Charter sent by OVHcloud. Explicitly 
forbidden actions include, but are not limited to, (a) abuse, fraudulent or excessive use of the Services and 
resources made available to the Client, particularly any use of a nature that threatens the stability and 
security of the OVHcloud systems or which can result in a degradation of the performance of the Services 
provided to other OVHcloud clients, (b) intrusions or intrusion attempts launched from the Services 
(including, but not limited to, port scanning, sniffing, spoofing, and more generally, attacks on external 
parties originating from resources made available by OVHcloud), (c) any use or attempted use of spam or any 
other technique similar to spamming, and (d) use of illicit or prohibited content as specified in paragraph 3.5, 
“Content”. 
 

 
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3.7. Suspension of Services. OVHcloud reserves the right to suspend all or part of the Services in the event 
of (a) a known risk to the stability and/or security of the OVHcloud systems or environment by the Services 
and/or Client Content, (b) scheduled maintenance, or (c) a request issued by a legal authority or competent 
judicial authority (d) non-compliance of the Client with all or part of the Terms of Services. Said suspension 
may occur immediately and without prior notice in case of urgency or necessity, and particularly in the case 
of an event such as described in point (a) and (c) above, or in case of illicit or fraudulent use of the Services, 
or use that is in violation of the rights of a third party, and more generally, of any use which may bind the 
liability of OVHcloud. Except in relation to cases of judicial or legal requisitioning or non-compliance with the 
Terms of Services, OVHcloud shall endeavour to minimise the impact of a suspension on the normal 
operations of the Services. Any such suspensions shall in no way release the Client from its obligation to pay 
the entirety of the amounts due to OVHcloud under the Contract, which is without prejudice to the Client’s 
right to engage OVHcloud’s liability in accordance with article “Liability” hereafter in case such suspensions 
result from OVHcloud’s failure to fulfil its obligations. The Client can consult the maintenance schedule using 
the interface provided for this purpose. In the event any such suspension results in a failure by the Client to 
fulfil its obligations under the Contract, the suspension shall take place without prejudice to OVHcloud’s 
right to terminate the Contract in accordance with article “Duration, Renewal and Termination of Services” 
hereafter, and without prejudice to OVHcloud's other rights and remedies at law. Except in cases of 
termination or non-renewal of Services, suspensions of Services shall not result in the deletion of the Client’s 
data. Unless suspensions result exclusively of OVHcloud’s failure to fulfil its obligations, the duration of the 
aforementioned suspensions shall not count as unavailability of Services in respect with the service level 
agreement provided in the Agreement.  
 
3.8. Updates to Services. OVHcloud may modify the Services at any time, and may add, modify or remove 
ranges, options or features, as well as upgrade their performance. The Services are described online on the 
OVHcloud Website. The Client is responsible for keeping abreast of any updates to the Services, which are 
immediately applicable to any new Orders. Concerning the Services in use by the Client, the latter shall be 
informed by email or via its Management Interface of any substantial updates which are of a nature to 
downgrade said Services, at least thirty (30) calendar days before the implementation of said update. 
Nevertheless, modifications to Third Party Products and urgent cases (such as security risks, or legal or 
regulatory compliance updates) may result in immediate modifications to the Services. Subject to the article 
“Condition Specific to Consumers”, in case of an update that degrades existing Services in use by the Client 
(removal of functionality, performance downgrade, etc.), the Client may terminate the relevant Services by 
registered letter with acknowledgment of receipt, or through a specific form provided in its Management 
Interface, within thirty (30) days from the date the relevant update is implemented. 
 
3.9. Intellectual property.  Usage rights. All of the items (software, Infrastructure, documentation, etc.) 
made available to the Client by OVHcloud in the provision of the Services and during the term of the Contract 
remain the exclusive property of OVHcloud or the third parties which have granted the rights to use them. 
OVHcloud grants the Client a non-exclusive licence to use the items made available to it only in accordance 
with and for the duration of the present Contract. With the exception of the aforementioned items made 
available to the Client by OVHcloud in the provision of the Services, the Client remains solely responsible for 
acquiring all of the authorisations and usage rights for the elements and Content (data, software, 
applications, systems, websites, etc.) which it uses and operates in relation to the Services. The Client and 
Users retain all intellectual property rights in their respective Content which OVHcloud shall not use expect 
to the extent necessary for the performance of the Services. Subject to mandatory legal provisions in effect, 
the Client is not authorized to decompile the software, source code and algorithms used in the course of 
supplying the Services, notably to reverse-engineer. 
 
3.10. Export Controls. Subject to the restrictions of use (a) provided for under the Terms of Service, or (b) 
specific to the Client’s business, OVHcloud shall ensure that the Services can be commercialized and used in 
the European Union and countries where the Datacenters used to provide the Services are located. If the 
Client uses the Services, or authorizes third parties to use the Services, from a geographical zone located 
outside the country where the Datacenters are located, the Client is responsible to verify that this use is not 
subject to any restrictions arising from applicable legislation or regulations, notably regulation EC 428/2009 

 
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from the European Council dated 5 May 2009 setting up a Community regime for the control of exports, 
transfer, brokering and transit of dual-use items, as well as United States regulations such as the EAR (Export 
Administration Regulations) and ITAR (International Traffic In Arms Regulations), given that OVHcloud 
commercializes third party solutions provided by vendors subject to the regulations of the United States. 
OVHcloud reserves the right to refuse orders submitted (a) from countries subject to commercial restrictions 
or other sanctions, or (b) by citizens of those countries or individuals subject to sanctions. 
 
3.11. Third Party Products. Subject to specific commitments undertaken within the scope of the 
applicable Specific Terms of Service, (a) OVHcloud is not responsible for Third Party Products made available 
within the scope of the Services which may contain technical errors, security vulnerabilities, 
incompatibilities or instabilities, and offers no guarantee for the Third Party Products made available by 
OVHcloud to the Client in the provision of the Services (including all related information and items such as 
software, systems, applications, etc.), and (b) the Client is only authorised to use the Third Party Products 
made available to it by OVHcloud in accordance with the terms of the Contract, and in particular is forbidden 
from decompiling, accessing the source code, reinstalling on any other infrastructure  software or systems 
made available to it.  The Client uses the Third-Party Products entirely at its own risk, in accordance with 
these Terms of Service, and is responsible to ensure that such Services are suited to its needs and the 
purposes for which it uses them. 
 
3.12. Continuity and Reversibility of Services.  Unless provided otherwise in the Specific Terms of Service, 
the termination of Services for any reason whatsoever (in particular, the termination or non-renewal of the 
Contract, failure to comply with the Terms of Service, etc.), as well as certain operations to update or 
reinstall the Services, shall automatically result in the irreversible deletion of all Content (including 
information, data, files, systems, applications, websites, and other items) that is reproduced, stored, hosted, 
collected, transmitted, distributed, published and more generally used and/or operated by the Client within 
the scope of the Services, including any potential backup.  Before the termination or expiry of the Services, 
and before proceeding with any delete operations, update or reinstallation of Services, the Client is solely 
responsible to perform any operations (such as backup, transfer to a third party solution, Snapshots, etc.) 
which are necessary to the preservation of its own Content. Upon request from the Client, and subject to the 
stipulations of the article on “Confidentiality” below, OVHcloud shall provide any technical information 
concerning the Services which may facilitate reversibility operations and the Client’s Content recovery. Such 
provision of assistance may result in additional charges for time worked, based on the financial terms 
available on the OVHcloud Website or upon request to OVHcloud Support. However, OVHcloud does not 
proceed to any operation of restitution or Client’s Contents migration. Such operations are under the Client’s 
exclusive responsibility. With the exception of any data which OVHcloud must preserve in accordance with 
applicable laws and regulations, the data referred to in article “OVHcloud processes” below, and any data 
necessary for the defence of its rights, OVHcloud undertakes not to keep a copy of the Client's data following 
the termination of Services, unless otherwise agreed by the Parties or provided otherwise in the applicable 
Specific Terms of Service..  
ARTICLE 4: OVHcloud SUPPORT  
4.1. The OVHcloud Support team. The OVHcloud Support team is responsible for handling Incidents which 
may occur in relation to the Services, and to provide the Client, upon request, with information regarding the 
characteristics and Terms of Services. Provided the other levels of Support referred to in article 4.4 below, 
OVHcloud Support is available in English only and information regarding the Services is available during 
business hours only. OVHcloud infrastructures are monitored 24/7, 365 days a year. In order to ensure the 
continuity of this monitoring handling on a 24/7/365 basis, OVHcloud reserves the right to subcontract part 
of the Support in accordance with articles “Subcontract” and “the Data Processing Agreement”.  
 
4.2. Recourse to OVHcloud Support.  The Client may contact the OVHcloud Support by email, using a 
special form available in the Management Interface, or by telephone by calling + 353 (0)1 691 72 83. 
Nevertheless, during non-business hours, the OVHcloud Support team can only be reached by email or 

 
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through the Management Interface. OVHcloud shall create a ticket (“Incident Ticket”) for each request or 
Incident report received. The Client shall be informed by email of the creation of the Incident Ticket and its 
corresponding number. The Client can access the history and status of its requests and Incidents reported 
through its Management Interface. The Client undertakes not to make use of the OVHcloud Support 
wrongfully. Before resorting to the OVHcloud Support, the Client must first consult the resources and 
information available on the OVHcloud Website (user guides, use cases, product documentation, etc.), and in 
its Management Interface (reporting, monitoring, etc.). The Client shall not (i) contact the OVHcloud Support 
for services or products that it has not contracted from OVHcloud directly or(ii) place the OVHcloud Support 
teams in direct contact with its own clients or any other party external to the Contract. OVHcloud reserves 
the right to refuse to accept any request which does not meet the aforementioned conditions. The Client 
undertakes to adopt behaviour that is appropriate, cordial and respectful in its interactions with OVH 
Support. OVHcloud reserves the right to no longer reply to the Client’s requests and to immediately 
terminate the Contract in case of abusive, outrageous, or degrading behaviour. Furthermore, such behaviour 
may result in legal action taken against the Client, for which purposes OVHcloud may resort to any means of 
evidence which it deems useful and relevant (extracts of communications with the Client, screenshots, 
emails, recording of telephone calls, etc.). Subject to the other levels of Support referred to in article 4.4 
below, OVHcloud Support is included in the price of the Services. 
 
4.3. Incident handling.  In case of malfunction of the Services, the Client shall firstly perform the technical 
tests recommended on the OVHcloud Website. In the event these tests do not resolve the Incident, the Client 
may report the Incident to the OVHcloud Support as set out above, and provide as much information as 
possible to facilitate a proper diagnosis. When an Incident is reported, OVHcloud Support shall carry out the 
necessary investigation to identify the cause of the observed malfunction and establish a diagnosis. The 
Client agrees to remain available at all times in order to collaborate with OVHcloud on a proper diagnosis 
and resolution of the Incident, in particular by providing OVHcloud with any additional information, and by 
performing all of the necessary tests and verifications. Within the scope of Incident handling, OVHcloud and 
its partner companies are expressly authorized by the Client to connect to the Client Services at both the 
hardware and software levels, in order to take any action that is necessary to perform a diagnosis. This 
connection may require the Client to perform an action on its Service. OVHcloud shall keep the Client 
reasonably well-informed of the progress of the operations. If OVHcloud establishes that its Services are 
available and functioning properly, or that the existence of the Incident cannot be confirmed, or that the 
Incident does not fall under the responsibility of OVHcloud, OVHcloud shall inform the Client accordingly. In 
this case, the time spent by OVHcloud on performing the diagnosis and assisting the Client may be charged 
to the Client as an additional service provided, based on the fee schedule available on the OVHcloud Website 
or provided to the Client. OVHcloud reserves the right to refuse any assistance if it ascertains, during its 
investigation, that the Client is using the Service in violation of the Contract or of any applicable law or 
regulation. If the Incident appears to fall under OVHcloud’s responsibility, OVHcloud shall finish the diagnosis 
and work to re-establish the availability of the impacted Services. In this case, the work performed by 
OVHcloud shall not result in any additional charges. The diagnosis shall be established by OVHcloud using 
any means necessary, and particularly based on exchanges between the Parties and data from the OVHcloud 
information system (such as login data) which the Client hereby expressly agrees may be admissible and fully 
enforceable. Subject to any applicable Specific Terms of Service and other levels of Support referred to in 
article 4.4 below, OVHcloud does not provide any warranty as to the duration of repairs or time frames for 
the resolution of Incidents within the scope of the OVHcloud Support.  
 
4.4. Other levels of Support. In addition to the OVHcloud standard Support described above, OVHcloud 
offers other levels of Support which allow the Client to benefit from additional services and levels of 
commitment. The terms and conditions for these Support levels are described in Specific Terms of Service 
and corresponding documentations available on the OVHcloud Website or upon request to OVHcloud 
Support.  

 
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ARTICLE 5: RESPONSIBILITY  
5.1. Ability. Each of the Parties warrants and represents that it has full power and authority to enter into 
and perform the Contract. In particular, the Client and OVHcloud represent and warrant that it holds all of 
the authorisations, skills and knowledge (particularly of a technical nature) which enable them to 
respectively use and provide the Services in accordance with the terms and conditions of the Contract.  
 
5.2. 
Responsibility of OVHcloud. In cases where the applicable Specific Terms of Service include 
commitments from OVHcloud to particular levels of service, the corresponding payments or credits which 
may be due by OVHcloud to the Client shall constitute the Client's sole and exclusive remedy for OVHcloud’s 
failure to comply with the level of service committed to in the relevant Specific Terms of Service and 
OVHcloud's entire liability for failing to meet the relevant level of service. In the absence of an applicable 
commitment to a given level of service under no circumstances shall the total aggregate liability of OVHcloud 
to the Client (however arising) under or in relation to this Contract, including (but not limited to) liability for 
breach of contract, misrepresentation (whether tortious or statutory), tort (including but not limited to 
negligence), breach of statutory duty, or otherwise, exceed the total amount of sums paid by the Client to 
OVHcloud for the impacted Services over the course of the six (6) months prior to the Client’s claim for 
compensation. 
 
5.3. Limitation of liability. To the extent permitted by applicable law, under no circumstances shall 
OVHcloud be liable under or in connection with this Contract for any:  
(A) 
use of the Services by the Client or a third party which is in breach of the terms and 
conditions of the Contract;  
(B) 
non-execution, failure, malfunction or unavailability of the Services resulting from actions 
by a third party (excluding OVHcloud subcontractors), the Client, a Third-Party Product, or the 
Client’s failure to fulfill its obligations;  
(C) 
indirect or consequential loss or damage whatsoever; 
(D) 
loss of business, (including commercial damages or problems, lost orders, operational 
losses), loss of revenue, loss of reputation (including harm to the company’s image), loss of actual or 
anticipated profits, loss of contracts or Clients, loss of the use of money, loss of opportunity, loss of 
goodwill, loss of, damage to or corruption of data (such as, untimely disclosure of confidential 
information concerning them resulting from a vulnerability or hacking of the system, legal action by 
a third party against the Client, etc.), in each case regardless of whether any of the types of loss or 
damage listed in this paragraph (D) are direct, indirect or consequential. 
(E) 
loss, disclosure or illicit or fraudulent use of Users’ authentication credentials by the User or 
any third party;  
(F) 
suspensions of access, or temporary or permanent suspension of operated Services in 
accordance with article 3 of these General Terms of Service (notably a request issued by a legal 
authority or a competent judicial authority);   
(G) 
loss of, damage to, alterations of all or part of the Content (including information, data, 
applications, files or other items) hosted on the Infrastructure and noting that OVHcloud is not 
responsible to perform the continuity of the Client’s activities and notably backup operations;  
(H) 
lack of suitability of the Services to the needs of the Client (including in relation to the 
sensitivity of the relevant data);   
(I) 
security incidents related to the use of the Internet, particularly in case of loss, alteration, 
destruction, disclosure or unauthorized access of Client data or information on, or from, the 
Internet;  
(J) 
impairment of systems, applications and other items installed by the Client on the 
Infrastructure, 
 
 
5.4. Responsibility of the Client.  The Client bears the risks related to its activities and is sole responsible 
for the use of the Services made available by OVHcloud and for compliance with the Terms of Service in 

 
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effect, including procuring that any third party that uses the Services, or on whose behalf the Service are 
used, comply with such Terms of Service. In particular, the Client is responsible for (a) ensuring the Services 
ordered are suited to its needs and the needs of third parties for whom or on whose behalf they are used, (b) 
the Content, such as information, data, files, systems, applications, software, websites, and other elements 
which may be reproduced, hosted, installed, collected, transmitted, distributed or published, and more 
generally used and/or operated within the scope of the Services, as well as (c) the management and use of 
said Content (in particular their verification, validation, updating, deletion, backup, and along with any 
measure designed to protect against the loss or alteration of the Content), including when the Content 
belongs to a third party or is used or operated by or on behalf of a third party, and (d) compliance with 
applicable laws and regulations, as well as the Deontological Charter. When the Client uses the Services in 
the scope of a business activity, or when acting on behalf of a third party, it undertakes to take out a third-
party insurance policy, from an insurance company known to be creditworthy, covering the entire amount of 
damages which may be imputed to it, and undertakes to maintain that insurance policy (or any other 
equivalent insurance) for the entire duration of the Contract.  
 
5.5. Client guarantee.  Each Party guarantees it practices activities complying with the regulation in effect. 
The Client guarantees notably OVHcloud against any consequences resulting from (a) the use or exploitation 
of illicit content within the scope of the Services, (b) fraudulent use of the Services or use that does not 
comply with the Terms of Services in effect or any applicable laws and regulations, (c) the use of Services 
made in violation of third party rights, (d) the lack of suitability of the chosen Services to its needs or the 
needs of its Users and of any third party on whose behalf the Services are used, or (e) the loss of, or 
unauthorized or fraudulent use of, Users’ authentication credentials. The Client undertakes to take 
appropriate action in the event of any action, claim or complaint by a third party relative to the Content 
and/or the Terms of Service, including those by legal or judicial authorities, and to indemnify and hold 
harmless OVHcloud against any damages, losses and expenses which may result therefrom (including legal 
judgements, reasonable legal defence costs, etc.). 
 
5.6. Third Parties.  Under the present Contract, OVHcloud makes no commitment towards any third parties, 
including Users, and no stipulation of the Contract may be interpreted as creating third party beneficiaries of 
the present Contract. The Client is solely responsible for its relationship with any third parties (notably the 
Users of the Services) and shall indemnify and hold harmless OVHcloud against any action, claim or 
complaint taken by a third party which implicates the OVHcloud Services. The Client undertakes to notify 
OVHcloud in writing, as quickly as possible, of any claims, complaints and/or legal action taken by a third 
party which implicates the OVHcloud Services, detailing the subject matter of the claim as well as any useful 
information so that OVHcloud may communicate to the Client any items in its possession which may be 
useful. OVHcloud reserves the right to take part into such litigations.  
 
5.7. Force majeure.  For the purposes of this article 5.7, "Affected Party" means a party to this Contract, 
which is affected by, or which claims to be affected by, a Force Majeure Event. "Force Majeure Event" means 
an event the occurrence of which is beyond the reasonable control of the Affected Party, including (without 
limitation) the following: (a) Act of God (including earthquake or other natural disaster), act of terrorism, war 
or warlike operations, civil unrest or riot; (b) [default of third parties, industrial action [(other than of the 
Affected Party’s own workforce)], fire, flood, explosion or malicious damage, or failure of plant or equipment 
(but only to the extent that any of these is beyond the reasonable control of the Affected Party)]; and (c) 
change of law, regulation or industry standard, or governmental order or direction. Neither Party shall be in 
breach of this Contract nor liable for any delay in performing, or failure to perform, any of its obligations 
under this Contract if such delay or failure results from a Force Majeure Event. In such circumstances, the 
Affected Party shall inform the other Party as quickly as possible in writing, detailing the circumstances and 
the expected duration of the Force Majeure Event, and shall keep the other Party regularly informed of the 
status of the situation. If, despite the efforts of the Affected Party in breach, the period of delay or non-
performance continues for more than thirty (30) consecutive days, the Party not affected may terminate 
without liability whatsoever all or part of the Services affected by the Force Majeure Event with immediate 
effect by giving notice to the Affected Party. 

 
9/18 
ARTICLE 6: FINANCIAL CONDITIONS  
6.1. Price of Services. The prices of the Services invoiced to the Client are those in effect at the time of 
invoicing, as published on the OVHcloud Website. The prices may also be communicated upon request sent 
to OVHcloud Support. Unless stipulated otherwise, all prices are in Euros. OVHcloud offers different types of 
rates depending on the type of Service (monthly flat-rate, yearly flat-rate, per use pricing, etc.). These rates 
may be linked to a commitment to a particular period of use and/or a specific method of invoicing. Should 
several types of prices be available for the same Service, the Client may select the one of its choosing when 
submitting its Order. When prices are listed excluding taxes (in particular, prices for Services designed for 
businesses), the VAT as well as all other taxes applicable to the Services (excluding taxes on OVHcloud 
revenue) shall be added to the price of the Services and due by the Client without this being deemed a 
change in the price as envisaged by article 6.2 of this Contract. In the absence of a special pricing scheme, the 
prices of the Services shall include the cost of acquisition of the licenses and rights to use the tools, software 
and Operating Systems used by OVHcloud and/or which are made available to the Client by OVHcloud within 
the scope of the Services. The Client is responsible for acquiring and fulfilling its obligations in respect of all 
licenses and usage rights that are necessary to operate or make use of the Content within the scope of the 
Services. The methods for calculating the price of the Services, as well as the billing units, are defined on the 
OVHcloud Website and in the applicable Specific Terms of Service. The Client is responsible for taking note of 
this before submitting its order. Each billing unit begun shall be invoiced and due in full, even when it is not 
totally used. Some Services shall incur additional installation or commissioning costs.  
 
6.2. Changes to prices.  OVHcloud reserves the right to change its prices at any time. Pricing changes are 
immediately applicable to any new Orders. For Services in use at the time of an increase in their price, the 
Client shall be informed of the change by email at least thirty (30) calendar days in advance. In such a case 
and subject to article “Conditions Specific to Consumers” the Client has the right to terminate without 
penalty the impacted Services within thirty (30) calendar days upon the notification of the said price 
increase. Such termination shall be notified by registered letter with acknowledgement of receipt or through 
a specific form provided in the Management Interface. In the absence of said termination, the Client shall be 
deemed to have accepted the new prices.  
 
6.3. Invoicing. The Services shall be invoiced on the basis of Client Orders and consumption of Services as 
established by OVHcloud in its information system, which shall be deemed as admissible and fully 
enforceable to the Client. The periodicity (monthly, yearly, or other) of invoices and the timing of their 
issuance (upon ordering or in arrears) varies from one Service to another. The terms of invoicing of the prices 
of the Services are defined on the OVHcloud Website and in the applicable Specific Terms of Service. The 
Client is responsible for taking note of these before submitting its Order. After each payment, OVHcloud shall 
send the Client an invoice. The Client expressly agrees that this invoice shall be sent to it electronically. The 
invoice is sent to the Client by email and/or made available to the Client through the Management Interface. 
The Client is responsible for keeping a copy of the invoice in accordance with regulations in effect. Invoices 
made available to the Client in the Management Interface shall remain available for a period of twelve (12) 
months following the date made available.  
 
6.4. Payment.  Invoices are payable on receipt, it being understood that invoices are issued either at the 
time of the Order, or in arrears, depending on the Service. The Client is responsible for selecting its desired 
payment method from among the available payment methods in the Management Interface. The available 
payment methods may vary from one Service to another. The Client is responsible for taking note of this 
before submitting its Order. In relation to Services payable in arrears, OVHcloud reserves the right to invoice 
the Client for said Services before the end of a calendar month in the event that the total Services consumed 
by the Client during the month in question reach a significant amount. The Client is fully responsible for 
payment of Services in accordance with the article “Financial Conditions”. The Client undertakes to select a 
valid payment method in its Client Account, and to dispose of the necessary funds to render payment for the 
Services. Provided the cancellation right of article “Conditions Specific to Consumers”, the Client remains 
liable to settle the price in its entirety and shall have no claim to any reimbursement resulting from the non-

 
10/18 
use, the partial-use, suspension or cessation of the use of Services before the end of the Period of Use which 
is without prejudice to the Client’s right to engage OVHcloud’s liability in accordance with article “Liability” 
hereafter in case such situation results from OVHcloud’s failure to fulfil its obligations.  
 
6.5. Default or late payment.  In case of default or late payment, including partial payment, the Client shall 
be liable to pay late payment penalties due the day following the payment due date and OVHcloud shall have 
the right to charge interest on the overdue amount at the applicable rate under  the  European  Communities  
(Late Payment  in  Commercial  Transactions)  Regulations  2002 , accruing on a daily basis from the due date 
up to the date of actual payment, whether before or after judgement.. Furthermore, any default or delay of 
payment (including partial) of the sums due by the Client under the Contract which persists for more than 
four (4) days after notification of default or delay of payment sent to the Client by email, shall result by right, 
and without requiring any additional notification or formal notice, in (a) the immediate demand of all of the 
sums remaining due by the Client under the Contract regardless of their payment terms, and (b) the right of 
OVHcloud to decide to immediately suspend and without prior notice all or part of the Client Services 
(including those which have been paid for), to refuse any new Order or renewal of Services to the Client and 
to terminate all or part of the Contract . In case of default or late payment, business Clients shall be liable to 
pay a fixed recovery fee of forty (40) Euros, without prejudice to OVHcloud’s right to demand, upon 
supporting documents, additional compensation in cases where the recovery fees are greater than the 
amount of said fixed recovery fee.  
 
6.6. Contestation.  In the event of any disagreement regarding invoicing or the nature of the Services, the 
Client must notify OVHcloud Support through its Management Interface within one (1) month of the date the 
invoice was issued. In the absence of said notification, and without prejudice to the Client’s right to contest 
the invoice later on, the Client shall be liable to settle all unpaid invoices according to the terms of the 
Contract. In case of failure to invoice the Services correctly or in the appropriate timeframe, OVHcloud 
reserves the right invoice or correct the invoicing at any time, subject to any mandatory applicable 
limitation.  
ARTICLE 7: DURATION, RENEWAL AND TERMINATION OF SERVICES 
7.1. Duration of Services. The Contract is entered into for an indeterminate period of time and remains in 
effect so long as the Client uses the OVHcloud Services. The duration for which the Client undertakes to use 
the ordered Services is that which is applicable to the rate selected by the Client when submitting its Order 
(the “Period of Use”). In case of flat-rate or fixed sum payments (monthly, annual or other), and subject to 
Article “Conditions Specific to Consumers” and section “Termination for breach”, the Client undertakes to 
use the Services during the entire corresponding period. In case of payment per use, the Services are made 
available for an indeterminate period of time, and the Client may terminate its use of the Services at any time 
in accordance with the procedures in effect.  
 
7.2. Renewal of Services. The terms for the renewal of Services vary from one type of Service to another, as 
set out below. Some of these renewed automatically (“Auto-Renew”) while others are renewed upon 
payment in advance by the Client. In cases where multiple options exist, the Client is responsible for 
selecting the renewal method of its choosing. For certain Services, the Auto-Renew mode is activated by 
default. Requests for reissued payment are automatically rejected in case of default in payment or irregular 
payment (incorrect amount, incomplete payment, payment which does not include the required references, 
or issued using a method or procedure not accepted by OVHcloud). OVHcloud reserves the right to terminate 
the renewal, notably, with a reasonable prior notice, in case of a Service’s disappearance.  
 
7.3. Termination for breach. Without prejudice to the other cases of termination provided in the Contract, 
and without affecting any other right or remedy available to it, either Party may terminate this Contract with 
immediate effect by giving written notice to the other Party if the other Party commits a breach of any term 
of this Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach 
within a period of seven 7 calendar days after being notified by registered letter with acknowledgement of 

 
11/18 
receipt to do so. Notwithstanding the foregoing, in case of malicious, illegal or fraudulent use of the Services, 
or use made in violation of the rights of a third party, OVHcloud shall be entitled to terminate the relevant 
Services or the Contract in its entirety with immediate effect by email and without prior formal notice 
(provided that, if the Client is a consumer, nothing in this article 7.3 shall affect the Client's rights under 
applicable consumer protection law). The present paragraph shall not be considered to be a waiver of 
OVHcloud’s right to suspend or interrupt the Services in accordance with the provisions of the Contract, 
particularly in case of non-compliance by the Client with the Terms of Service. Terminations for breach are 
without prejudice to any damages which may be claimed by the injured party.  
ARTICLE 8: CONFIDENTIALITY 
8.1. Commitments.  Each of the Parties undertakes, as concerning the confidential information of the Party 
of which it is recipient or to which it has access within the scope of the execution of the present Contract, to 
(a) only use said confidential information for the sole purposes of the execution of the Contract, (b) preserve 
the confidentiality of said information with the same degree of care as if it were its own confidential 
information, and (c) give access to said confidential information only to their respective associates and 
Affiliates who need to know the information as part of their function on the condition that these recipients 
have received prior notification of the confidential nature of said information and are linked by a 
confidentiality agreement at least as equivalent as this Contract. Each Party is also allowed to communicate 
the other Party’s confidential information to its counsels as long as they belong to a regulated profession 
(e.g. lawyers, barristers, certified accountants and auditors). Each Party forbid itself to divulgate the other 
Party’s confidential information to other persons than those referred to above without the prior written 
consent of the other Party, and warrant the respect of the confidentiality of said data by every person to 
whom it divulgates it. Shall be considered confidential the Contract’s provisions and all information 
communicated between the Parties, or to which the Parties have access in the scope of the execution of the 
Contract and in any form whatsoever and the nature (notably financial information and marketing, trade 
secrets, know-how, information related to security and to the terms of use of the Service). To be considered 
as a confidential information, it is not necessary that the confidential nature of the information be 
mentioned on the document or other media containing the information or precised when the information is 
divulgated.  
 
8.2. Exceptions.  The confidentiality commitments defined above shall not apply to information for which 
the recipient Party can demonstrate that (a) the recipient Party became legitimately aware of the 
information without being required to keep them confidential prior to the other Party having communicated 
the information or provided it with access to the information, or (b) the information is in the public domain 
or falls into the public domain during the course of the execution of the Contract by means other than a 
failure by the recipient Party (or persons for which it is responsible) to fulfil its confidentiality obligations 
under the present Contract, or (c) they were communicated to the recipient Party by a third party having the 
authority to disclose them and which did so legitimately, (d) they result from developments performed by 
the recipient Party and/or by its employees independently of the execution of the Contract, or (e) the 
divulgation of the said information was authorised by the other Party as provided in the Contract’s 
provisions. Notwithstanding the preceding, each of the Parties reserves the right to disclose information 
received from the other Party (a) strictly within the limits necessary to defend its rights, it being noted that in 
such cases, the confidential information of the other Party shall be retained for the time legally required for 
their use as evidence, and can only be disclosed to those persons who need to know them within the course 
of the legal action or procedure in question (judges, lawyers, etc.), those persons being bound by 
professional secrecy or otherwise by a confidentiality agreement, or (b) at the request of a competent legal 
or judicial authority, it being specified that in such cases, disclosure shall be strictly limited to the request of 
said authority, and, subject to any legal requirements or injunctions to the contrary, the recipient Party shall 
inform the other Party of said request.  

 
12/18 
ARTICLE 9: GENERAL PROVISIONS  
9.1. 
Severance. If any provision or part-provision of this Contract is or becomes invalid, illegal or 
unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and 
enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed 
deleted. Any modification to or deletion of a provision or part-provision under this article 10.1 shall not affect 
the validity and enforceability of the rest of this Contract. If any provision or part-provision of this Contract is 
invalid, illegal or unenforceable, the Parties shall negotiate in good faith to amend such provision so that, as 
amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended 
commercial result of the original provision.  
 
9.2. Titles.  The article and paragraph headings are for convenience only and shall not affect the 
interpretation of this Contract. 
 
9.3. Waiver.  No failure or delay by a Party to exercise any right or remedy provided under this Contract or 
by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further 
exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall 
prevent or restrict the further exercise of that or any other right or remedy.  
 
9.4. Entire agreement. The Contract is made up of the Terms of Services which constitute the entire 
agreement between the Client and OVHcloud in relation to its subject matter, excluding any Client’s general 
terms and conditions.  It replaces and extinguishes all prior agreements, arrangements, collateral warranties, 
collateral contracts, statements, assurances, representations and understandings of any nature made by or 
on behalf of the parties in relation to the same, whether oral or written. Each party acknowledges that in 
entering into this Contract it has not relied upon any oral or written statements, collateral or other 
warranties, assurances, representations or undertakings which were made by or on behalf of the other party 
(whether innocently or negligently) in relation to the subject-matter of this Contract at any time before its 
signature (together "Pre-Contractual Statements"), other than those which are set out in this Contract. Each 
party hereby waives all rights and remedies which might otherwise be available to it in relation to such Pre-
Contractual Statements. Nothing in this article 10.14 shall exclude or restrict the liability of either party 
arising out of its pre-contract fraudulent misrepresentation or fraudulent concealment. 
 
9.5. Contractual documents changing. OVHcloud may, at any time and by right, amend the Terms of 
Service in effect. Such amendments are immediately applicable to every new Orders. About those Services in 
use, the Client shall be notified via email or through its Management Interface of any amendment to the 
Terms of Service in effect. Changes to the Terms of Service are in effect within thirty (30) calendar days from 
the date the aforementioned notification is sent. Notwithstanding the foregoing, any change to Third Party 
Product Terms of Use and any implementation of a new regulation may be immediately applicable to the 
extent OVHcloud does not control such events. Subject to conditions applicable to Consumers, in cases 
where new Terms of Service are unfavourable to the Client, the latter may, terminate the Services affected by 
the notified amendment within thirty (30) calendar days from the new Terms of Services are in effect. Such 
termination shall be notified via registered letter with acknowledgement receipt or the form provided in the 
Management Interface.  
  
9.6. No Partnership or Agency. Nothing in this Contract is intended to, or shall be deemed to, establish any 
partnership or joint venture between the Parties, constitute either Party the agent of the other Party, or 
authorise either Party to make or enter into any commitments for or on behalf of the other Party. Each Party 
confirms it is acting on its own behalf and not for the benefit of any other person.  
 
9.7. Assignment. Neither Party shall assign, transfer, mortgage, charge, declare a trust over or deal in any 
other manner with any or all of its rights and obligations under this Contract without the prior written 
consent of the other Party Notwithstanding the foregoing, each Party shall be entitled to transfer all or part 
of the Contract to its Affiliates. In this case, it shall notify the other Party in writing as soon as reasonably 

 
13/18 
practicable. The following operations are deemed not to fall within the scope of application of the present 
article, and are therefore authorised: (a) changes in shareholders, changes of holdings, or change of control 
of either Party, and (b) operations such as mergers, acquisitions, sale of business assets, divestments, or any 
other operations which involve a transfer of the assets of either Party. If one of the Parties performs one of 
the operations mentioned in point (a) or (b) above, it shall inform the other Party. If the operation is realised 
to the benefit of a direct competitor of the other Party that other Party shall have the right to terminate the 
Contract, and no damages shall be due.  
 
9.8. Notices.  For all exchanges of information by email, the date and time of the OVHcloud server shall be 
accepted by the Parties. This information shall be retained by OVH for the entire duration of the contractual 
relationship and for the three (3) following years. Subject to the other means of communication and recipient 
mentioned in the Contract, all notifications, formal notices and other communications provided for in the 
Contract shall be deemed as having been validly delivered if they are sent by to:  
• 
For OVHcloud: By registered letter with acknowledgment of receipt to the address OVH HOSTING 
LIMITED, 
Support 
Service 
- 
Enterprise 
House, 
O’Brien 
Rd, 
Carlow 
R93Y0Y3 
 
• 
For the Client: By registered letter with acknowledgment of receipt the postal address provided by 
the Client in its Client’s account or by email address   
 
This article does not apply to the service of any proceedings or other documents in any legal action or, where 
applicable, any arbitration or other method of dispute resolution. 
 
9.9. Advertising and promotion. Unless otherwise decided by the Client via the form available for such 
purpose in its Management Interface, OVHcloud is allowed to make mention of its commercial relationship 
with the Client in its usual course of business towards clients and prospects. Any other mention by OVHcloud 
about the Client, and any other use of signs (logos, trademarks, etc.) notably for advertising purposes, 
exhibitions, conferences and in specialised publications for market professionals, as well as in its brochures, 
commercial documents and OVHcloud website is submitted to Client’s prior consent. 
 
9.10. Admissible evidence.  It is expressly agreed that the data of the OVHcloud information system or of its 
subcontractors, such as login logs, consumption records, order and payment summaries, Incident or other 
reports, can be used as evidence vis-à-vis the Client, and are deemed as admissible including in the context 
of legal disputes.  
 
9.11. Computation of time frames.  Time periods shall be calculated in calendar days and are counted 
starting on the next day of the event which triggers them.  
ARTICLE 10: JURISDICTIONAL COMPETENCE AND APPLICABLE LAW 
10.1. Jurisdictional competence. Each Party irrevocably agrees that the courts of Ireland shall have 
exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its 
subject matter or formation (including any disputes or claims relating to non-contractual obligations). 
 
10.2. Applicable law.  his Contract and any dispute or claim arising out of or in connection with it or its 
subject matter or formation (including disputes or claims relating to non-contractual obligations) shall be 
governed by and construed in accordance with the laws of Ireland, provided that if the Client is a consumer, 
the Client will benefit from any mandatory provisions of the law of the country in which the Client is resident. 
Nothing in the Contract, including this article 11.2, affects the Client's rights as a consumer to rely on such 
mandatory provisions of local law. 
 

 
14/18 
ARTICLE 11: CONDITIONS SPECIFIC TO CONSUMERS 
This article 11 applies only to Clients who are considered consumers under applicable consumer protection 
legislation, and supplements the other provisions of these General Terms of Service, which remain fully 
applicable to said Clients subject to the provisions to which article 11.2 below expressly derogates. 
 
11.1 Additional stipulations. This section 11.1 supplements the other provisions of these General Terms of 
Service, which remain fully applicable to Consumers.  
 
11.1.1 Provision of the Services. OVHcloud undertakes to provide the Service to the Client within the time 
provided during the Order or lacking the information or agreement on the provision’s date of the Service 
within fifteen (15) days following the confirmation of the Order. If the Service is not provided with the 
aforementioned time, the Client may request the cancellation of the transaction by registered letter with 
acknowledgement of receipt or by creating a ticket through its Management Interface by précising in the 
subject message “Termination for default in the Provision of the Services”. Sums already paid by the Client 
are reimbursed within fourteen (14) days following the cancellation of the Order.  
 
11.1.2 Right of cancellation. The Client enjoys the statutory right of cancellation. It may exercise this right, 
without having to justify its reasons nor pay any penalties other than any return fees, within a period of 
fourteen (14) days from the day after the Order. The cancellation right shall be exercised before the expiry 
date aforementioned either via the form available for such purpose in the Management Interface, by filling 
the following cancellation form and addressing it to OVHcloud par registered letter with acknowledgement 
of receipt, or by any other declaration clearly expressing its wish to exercise this right.  
 
Cancellation form:   
 
“To the attention of OVH LTD (Support Service),:  
I / we (*) hereby notify you by means of the present letter of my / our (*) revocation of the contract governing 
the following sale of goods / provision of services (*): 
Ordered the / received the (*):  
Name of consumer(s):  
Address of consumer(s):  
Signature of consumer(s) (only in case of notification using the paper form):  
Date:  
(*) delete as appropriate.” 
 
The right of cancellation, when legitimately exercised, allows the Client to obtain reimbursement for the 
goods and Services concerned by the exercise of said right, subject to any reduction that OVHcloud may 
apply to reflect the value of the Services actually received by the Client at the time that it exercises its right to 
cancel. OVHcloud will make such reimbursement without undue delay and in no event later than 14 days 
after the day on which OVHcloud is informed of Client’s decision to exercise its right of cancellation. 
OVHcloud will make the reimbursement using the same means of payment as the Client used for the initial 
transaction, unless the Client has expressly agreed otherwise. 
The Client cannot exercise its right of cancellation for Services which have been fully performed before the 
end of the cancellation period or for goods and Services manufactured according to the consumer’s 
specifications or clearly customised. Therefore, the Client is informed during the Order and is invited to 
waive its right of cancellation.  
 
 
12.1.3 Complaints.  All complaints regarding OVHcloud Services may be addressed to: 
- Firstly to: the Customer service via the form available to the Client in its Management Interface. 
- Secondly, if the Client has not received a reply within thirty (30) calendar days following the receipt of its 
complaint, the Client does not have access to its Management Interface or in the event the Client is not 

 
15/18 
satisfied with the response provided by the Customer Service, it may write to: OVH - National Consumers 
Service. - ENTERPRISE HOUSE O'BRIEN ROAD CARLOW R93Y0Y3 The complaint of the Client shall be reviewed 
within thirty (30) calendar days from the date of its receipt by the OVHcloud National Consumers Service. 
- Thirdly, if the Client wishes to have more information on online dispute resolution, please follow this link to 
the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as 
required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information 
purposes only.  OVHcloud is not obliged to participate in online dispute resolution.  
 
11.1.4 Guarantees. The Client may have statutory rights granted by law. These rights include the obligation of 
OVHcloud to perform the Services with proper care and diligence in accordance with the sale of goods and 
supply of services act 1980 as revised. For more information about consumers’ legal rights, the Client may 
consult the Competition and Consumer Protection Commission website located at  https://www.ccpc.ie/ 
These General Terms of Service shall not affect such Client’s legal rights. 
 
 
11.2.  Overriding stipulations. The following provisions replace the provisions of these General Terms of 
Service to which they expressly derogate. 
 
11.2.1 (derogates article 3.8) Updates to Services. OVHcloud may modify the Services at any time, and may 
add, modify or remove ranges, options or features, as well as upgrade their performance. The Services are 
described online on the OVHcloud Website. The Client is responsible for keeping abreast of any updates to 
the Services, which are immediately applicable to any new Orders. Concerning the Services in use by the 
Client, the latter shall be informed by email or via its Management Interface of any substantial updates which 
are of a nature to downgrade said Services, at least one (1) month before the implementation of said update. 
Nevertheless, modifications to Third Party Products and urgent cases (such as security risks, or legal or 
regulatory compliance updates) may result in immediate modifications to the Services. In case of any update 
that degrades existing Services (removal of functionality, performance downgrade, etc.), the Client may 
terminate the relevant Services by registered letter with an acknowledgment of receipt or through a 
provided form found in its Management Interface within four (4) months from the date the relevant update is 
implemented. 
 
11.2.2 (derogates article 6.1) Price of Services. The prices of the Services invoiced to the Client are those in 
effect at the time of that the Client submits the Order, as published on the OVHcloud Website, and include 
VAT. The prices may also be communicated to the Client upon request from the Client to OVHcloud Support. 
Unless stipulated otherwise, all prices are in Euros. OVHcloud offers different rates depending on the type of 
Service (monthly flat-rate, yearly flat-rate, per-use pricing, etc.). These may be linked to a commitment to a 
particular period of time and/or a specific method of invoicing. Should several prices be available for the 
same Service, the Client may select the one of its choosing when submitting its Order. 
Some Services are only available for business Clients, not for individual consumers.The prices of these 
Services are listed exclusive of any tax.  
In the absence of a special pricing mechanism, the prices of the Services shall be deemed to include the cost 
of acquiring the licenses and rights to use the tools, software and Operating Systems provided by OVHcloud 
and/or which are made available to the Client in the provision of the Services. The Client is responsible for 
acquiring and fulfilling its obligations in respect of all licenses and usage rights that are necessary to operate 
or make use of the Content within the scope of the Services. The methods for calculating the prices of the 
Services, as well as the billing units, are defined on the OVHcloud Website and in the applicable Specific 
Terms of Service. Each billing unit begun shall be invoiced and due in full. The Client is responsible for taking 
note of this before submitting its order. Some Services shall incur additional installation or commissioning 
costs. 

 
16/18 
11.2.3 (derogates article 6.2) Changes of prices. OVHcloud reserves the right to change its prices at any time. 
Pricing changes are immediately applicable to any new Orders. For Services in use at the time of an increase 
in their price, the Client shall be informed of the change by email at least one (1) month in advance. In such 
case the Client, upon notification of said increase, has the right to terminate the impacted Services within 
four (4) months without penalty. Such termination shall be notified by registered letter with 
acknowledgement of receipt or through a specific form provided for such purpose in the Management 
Interface.  
11.2.2 (derogates article 6.5) Default or late payment. If the Client fails to make any payment due to 
OVHcloud under the Contract by the due date for payment, then, the Client shall pay interest on the overdue 
amount at the rate of 1,5% per annum above the Central Bank of Ireland's base rate from time to time or the 
maximum rate authorized by laws if less. Such interest shall accrue on a daily basis from the due date until 
actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest 
together with the overdue amount. Furthermore, any default or delay of payment (including partial) of the 
sums due by the Client under the Contract persisting for more than four (4) calendar days after notification of 
default or delay of payment sent to the Client by email, shall result by right, and without requiring any 
additional notification or formal notice, in (a) the immediate demand of all of the sums remaining due by the 
Client under the Contract regardless of their payment terms, and (b) the right of OVHcloud to decide to 
immediately suspend, and without prior notice, all or part of the Client Services (including those which have 
been paid for), and to refuse any new Order or renewal of Services and to terminate all or part of the 
Contract.  
11.2.3 (replaces article 9.4) Contractual Documents. The Contract is made up of the Terms of Services which 
comprise the entirety of the Contract entered into between the Client and OVHcloud and exclude any general 
terms and conditions of the Client and any other prior documents, agreements, or discussions. OVHcloud 
may, at any time and by right, amend the Terms of Service in effect. Such amendments are immediately 
applicable to every new Orders. About those Services in use, the Client shall be notified via email or through 
its Management Interface of any amendment to the Terms of Service in effect. Changes to the Terms of 
Service are in effect within thirty (30) calendar days from the date the aforementioned notification is sent. 
Notwithstanding the Third Party Product Terms of Service and legal and regulation compliance may be 
immediately applicable. The Client may terminate the affected by the notified amendment within four (4) 
months from the new Terms of Service in effect. Such termination shall be notified via registered letter with 
acknowledgement receipt or the form provided in the Management Interface.  
11.2.4 (replaces article 10.1) Jurisdictional competence. In case of dispute with the Client, the Court of the 
place of residence of the defendant shall have express jurisdiction, or, at the choice of the Client, the Court of 
the place to which the goods were delivered or the place where the services were provided.  
 
ARTICLE 12: DEFINITIONS 
The following terms shall have the following meanings unless the context otherwise requires: 
 
Affiliates: mean any company controlled by one of the Parties, that controls one of the Parties or with which 
one of the Parties is under the joint control of another third company. The notion of control has the same 
meaning as in article L233-3 of the French consumer code. The control can be either direct or indirect.  
 
Archive Storage: means (For Public Cloud) long-term Storage that seldom needs to be accessed. Access to 
data stored on Archive Storage is not instant, the time required to access the data cannot be guaranteed.  
CDN: means the Content Delivery Network is network of servers which cooperate to make content and data 
available to users via the internet.         
 
Client Account (or Nickhandle): means Reference Account/Client login allowing the Client to manage all its 
Services and to subscribe to additional Services. 

 
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Cloud:  Technology that uses remote execution resources and storage.   
 
Content: means the text, information, image, audio or video material and other data placed on the Service 
by or on behalf  of  the  Customer,  including  data  which  the  Customer  permits  third parties to place on the 
Service. 
 
CPU: means the Central Processing Unit, or processor, is the server component which executes the computer 
programmes.  
 
Data Processing Agreement: means data processing agreement applicable for the use of OVHcloud’s 
Services available on the OVHcloud website from time to time. 
 
Datacenter: means physical site where the Infrastructures provided to the Client by OVHcloud within the 
scope of the Services are localised. 
 
Dedicated Cloud: means all of the Virtual Datacentres hosted on the OVHcloud Infrastructure.  The 
Dedicated Cloud is managed by the Client through its management interface and the Virtualisation interface.   
 
Host Server: means a physical server with a memory load and a processor load. It is configured and 
managed by OVHcloud within its Dedicated Cloud and is designed to accommodate one or several Virtual 
Machines managed by the Client.  
 
Incidents: means any event which causes or is likely to cause an interruption or a reduction in the 
continuous operation of the Infrastructure and/or services provided to the Client by OVHcloud. 
 
Infrastructure(s): mean(s) 
(Dedicated Cloud) The structure established by OVHcloud to accommodate the Client's Dedicated Cloud, 
which notably includes the network, the bandwidth, the physical resources and the virtualisation.   
(Virtual Private Server, Public Cloud and DeskaaS) All components provided by OVHcloud include in 
particular (depending on the circumstance) the Host Server, the Storage Space, the network, the bandwidth 
and/or virtualisation or cloud computing technology.  
(Public Cloud) All the elements developed by OVHcloud. This especially includes, the Host Server, Storage, 
network, bandwidth and virtualisation and / or cloud technology, as appropriate. 
 
Management Interface: means the "Manager" space is accessible to the Client after identification by 
inputting its customer ID and the corresponding password.   
 
Operating Systems (OS): mean the programme that controls how the server capacity is used by managing 
all application programmes. 
 
Object Storage Container: mean Distributed Storage Space based on the Object Storage architecture 
(management of data as objects).  
Order(s): mean(s) a request made by the Client to the Supplier for Services to be supplied under the Terms 
and Conditions. 
 
OVHcloud Deontological Charter: means the code of good conduct for the use of OVHcloud’s Services 
available on the OVHcloud website from time to time. 
 
OVHcloud Group: means together OVH SAS and its Affiliated Companies worldwide. 
 
OVHcloud Support: means OVHcloud team responsible for assisting the Client and handling Incidents and 
ensuring the availability and security of Services in accordance with the applicable terms and performance 
levels. 

 
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OVHcloud Website: means OVHcloud company’s website "ovhcloud.com" or any other derivative website 
belonging to one of its Affiliates. 
 
Pack: means Dedicated Cloud offer with Host Servers and Storage Spaces configured in a Virtual Datacentre, 
and possible additional options.   
 
Period of Use:  means standard period of use of a Service subject to subscription periods. 
 
Services: mean all services provided by the Supplier to the Client in accordance with the Contract. 
 
Specific Terms of Service (or Special conditions): mean document describing one or several Service(s) 
provided by OVHcloud and setting the conditions of performance and conditions of use applicable to such 
Service(s). 
 
Storage Space:  means the disk space allocated to the Client enabling it to store the data of the Virtual 
Machine in the Virtual Datacentre in a centralised and secure manner.   
(Public Cloud): Disk space, onto which, an Instance’s data can be stored. Storage can be either a Local or 
Remote, depending on the characteristics of the Instance. Among the Storage available within the OVHcloud 
Public Cloud service, OVHcloud offers Archive Storage and Object Storage Containers.  
Third Party Products: mean product developed by a third-party provider and available to the Client within 
the scope of OVHcloud Services. 
 
Third Party Product Terms of Use: mean set of documents describing the terms and conditions applicable 
to Third Party Products. 
 
Users: mean persons using the Services under Client’s liability. (CDN infrastructure, CDN WebStorage) 
Internet users visiting the Client Website. (Geocache Accelerator): Internet users downloading the Client’s 
Files.   
 
Virtualisation: means Technology that allows multiple systems, virtual servers or applications to operate on 
a same physical server 
 
Virtual Datacentre: means non-physical datacentre composed of a Pack, additional resources subscribed to 
by the Client, Virtual Machines, and one or several private network(s).   
 
Virtual Desktop or “DeskaaS”: means Virtualised workstation consisting of hardware resources containing 
one or more CPU, RAM capacity and Storage Space, located on a Host Server, as well as pre-installed 
applications, accessible from different platforms (including PC, tablet, smartphone) via Cloud technologies.  
Virtualisation Interface: means third party software provided by OVHcloud that allows the Client to manage 
its Dedicated Cloud and the associated services, and in particular to establish and manage its Virtual 
Machines.   
 
Virtual Machine: means a non-physical server that uses Virtual Datacentre resources and is installed on the 
Dedicated Cloud network. Each virtual machine is managed independently from any other within the Client's 
Virtual Datacentre.