These are the Special Terms & conditions of Sale and Use Mail Solution of DAKYMEDIA S.A.R.L.
This document was last updated on 20/01/2025
Preamble
These Special Conditions of Sale and Use (hereinafter referred to as “STU”) form the Agreement (“Agreement”) between DAKYMEDIA and any person subscribing to DAKYMEDIA’ Mail Solution service (hereinafter the “Customer”) and sets forth the terms and conditions of Your use of Mail Solution Service.
By using the Mail Solution Services, the Customer acknowledges that He has read, understand and agree to be bound by all the terms and conditions of this Agreement, and further agrees to be bound by the terms of this Agreement for transactions entered into by anyone who uses the account, whether or not the transactions were on the Customer’s behalf and/or authorized by Him.
1. Subject
These Mail Solution Special Terms of Use and their appendices govern the Customer’s use of dakymedia Mail Solution Service.
These STU and their Appendices shall prevail over the General Conditions if a contradiction appears between these documents.
2. Amendment of the Contract
These STU may be modified, in accordance with the GTSU, in order to take into account any technical or legal evolution.
The use of DAKYMEDIA’ services and its website after any such changes constitutes Your acceptance of those changes.
3. Conditions for the performance of the service
The dakymedia Mail Solution Service is defined as an electronic messaging solution based on the dakymedia Mail Solution detailed in Appendix 1 that provides the following functionalities:
- Sending/receiving e-mails;
- Data storage.
DAKYMEDIA will send the Customer an e-mail confirming the activation of the Service, providing the Customer with the codes allowing him/her to access his/her DAKYMEDIA e-mail.
4. Service description
With the dakymedia Mail Solution, DAKYMEDIA ensures the Customer:
- a dedicated IP address allowing it to avoid all the email routing problems encountered with traditional shared hosting;
- a synchronization of contacts/calendars of dakymediaWebmail with all peripherals (PC/Mac and mobile iOS/Android);
- a backup of all emails, contacts and calendar via our R1Soft Backup tool after every hour;
- mobile compatibility;
- SSL encryption;
- Cloud storage space in drag-and-drop directly to the Customer’s Webmail with DAV Sync.
The dakymedia Mail Solutions packages differ in terms of storage capacity and the number of email accounts available. (Different packs available on https://dakym.com/legal-notices/special-terms-of-sale-and-use-mail-solution/
5. Term of Contract
This Agreement shall begin upon the date of the service’s activation and shall remain in force throughout the term chosen by the Customer, unless the Service is terminated in accordance with the terms set forth in the GTSU.
6. Operating Terms
The Customer shall respect the traffic volume and storage space authorized by the hosting offer and options to which He has subscribed.
7. DAKYMEDIA’ Obligations and Liability
7.1. DAKYMEDIA’ Obligations
DAKYMEDIA undertakes to take all the care and diligence necessary to provide a quality service in accordance with the practices of the profession and the state of the art. It only responds to an obligation of means.
DAKYMEDIA is committed to:
- Ensure access to the Service 24 hours a day, 7 days a week, whenever possible, every day of the year;
- Inform, as far as possible, the Customer, within a reasonable time, by e-mail or via the Customer Area, of a possible interruption of the Service, so that the Customer can take the necessary measures;
- To intervene quickly in the event of an incident;
- To take all necessary measures to maintain the Service in the event of a serious incident affecting the operation of the Customer’s messaging system.
7.2. Limitation of DAKYMEDIA’ liability
DAKYMEDIA cannot be held responsible for the content of the Customer’s e-mail or for any failure due to misuse of the Service by the Customer.
8. Customer’s Obligations and responsibility
8.1. Customer’s Obligations
The Customer undertakes and agrees to:
- Respect the rights of third parties, including intellectual property rights of third parties such as copyrights, patent or trademark rights;
- To set up the necessary means of safeguard for sustainability of its business;
- Keep a copy of the data transmitted to your e-mail account;
- To take personal responsibility for any claim against DAKYMEDIA arising in connection with the Client’s obligations under this Agreement, and to pay directly to the claimant any amounts that the claimant may require from DAKYMEDIA;
- Not SPAM.
In the event the Customer violates the above-mentioned terms, DAKYMEDIA may, ipso jure and without notice, terminate this Agreement. In such cases, the Customer will not be entitled to reimbursement by DAKYMEDIA of any paid sums.
8.2. Customer’s responsibility
The Customer is solely responsible for:
- Any loss or damage suffered by its messaging system;
- The conservation of independent backup copies of your email data;
- The security and confidentiality of all the contents of its messaging system.
Under no circumstances can DAKYMEDIA be held liable for any loss, damage or destruction of any content belonging to the Customer.