Note: You are viewing the current version of the GTC (in force since July 10, 2026). Archived versions are available here.
The present General Terms and Conditions of Sale apply to all services and sales concluded by the Company “POCKOST” (hereinafter “the Service Provider”) with professional and private customers (hereinafter “the Customer”), regardless of the clauses that may appear on the Customer’s documents, and in particular its general terms and conditions of purchase, over which the present General Terms and Conditions of Sale prevail in accordance with the provisions of article L 441-6 of the French Commercial Code. They specifically concern the following four areas of intervention:
These General Terms and Conditions of Sale are systematically communicated to any Customer who requests them. The Service Provider makes the said General Terms and Conditions of Sale available to its customers upon simple request as well as on its website.
Orders must be confirmed in writing (by post, signature of a quote, or email). The commitment to supply is only complete and definitive after express written acceptance of the Customer’s order by the Service Provider.
Any order for recurring services (hosting, managed services) or equipment rental commits the Customer to assume the costs thereof. The Customer may terminate a recurring service or rental contract at any time in writing. The service will be terminated at the end of the current month if notice is given before the 15th of the month. The service will be terminated at the end of the following month in the event of notification after the 15th of the current month (inclusive).
The services and products are provided at the rates mentioned in the commercial proposal sent to the Customer. The rates are net and exclusive of Tax.
The rates applicable to sales of equipment or one-off services (setup, installation) are firm and non-revisable during their period of validity (generally 30 days from the issuance of the quote).
For successive performance contracts or subscriptions, since POCKOST is subject to the Syntec national collective agreement, the prices of the services will be subject to an automatic annual revision on the anniversary date of the contract, according to the following revision formula: P1 = P0 x (S1/S0).
An invoice is drawn up by the Service Provider at the time of each supply of services or sale. In the context of a recurring service (SaaS, hosting), an invoice is issued at the beginning of the month for the entire previous month (in arrears). The first month is invoiced on a pro rata basis.
Unless otherwise agreed, our service invoices are payable within 30 days end of month. The sale price of equipment is payable in cash upon delivery. The Service Provider reserves the right to request a deposit upon order.
In the case of automatic direct debit, direct debits are issued from the 15th of the month the invoice is issued.
In the event of late payment, penalties calculated at a monthly rate of 1.5 times the legal interest rate on the amount inclusive of tax, as well as a fixed indemnity for collection costs of €40, will be automatically acquired by the Service Provider. The Service Provider reserves the right to suspend the provision of services (including hosting) in the event of non-payment.
Services are provided under the conditions mutually agreed upon.
Within the framework of its hosting and managed services offers, the Service Provider commits to response times regarding blocking malfunctions. A malfunction is characterized by the platform’s inability to function properly (non-nominal state). Unless otherwise stipulated in the quote, the Service Provider commits to:
These guarantees do not apply if the malfunction results from external elements beyond the Service Provider’s control (network transit cutoff from datacenters, failure of a third-party service such as a DNS/CDN provider, massive hacking acts, improper handling by the Customer, or non-renewal of third-party services).
Acquired hardware products will be delivered within a reasonable time. The Customer is required to verify the apparent condition of the products upon delivery. In the absence of reservations expressly made within eight (8) days by registered letter with acknowledgment of receipt (LRAR), the products will be deemed compliant.
The transfer of ownership of the Service Provider’s hardware products to the Customer will only be completed after full payment of the price. The transfer of risks takes place upon delivery and receipt.
For all its services (hosting, managed services, development, consulting), the Service Provider is subject to an obligation of means, excluding any obligation of result, except for an SLA expressly defined in Article 5 or in the quote.
In the event that the Service Provider’s liability is engaged, it will be strictly limited to the amount exclusive of tax actually paid by the Customer for the service directly causing the damage, calculated over the last twelve (12) months preceding the incident.
The Service Provider shall under no circumstances be held liable for indirect damages suffered by the Customer, such as (but not limited to): loss of operations, loss of revenue, loss of data beyond the defined backup scope, commercial prejudice, or damage to image.
Any hardware warranty is excluded in the event of improper use, negligence, normal wear and tear, or force majeure.
In the context of its hosting services, the Service Provider acts as a Data Processor within the meaning of the GDPR. The Service Provider commits to hosting the Customer’s data on physical servers located exclusively within the French territory (or the European Union). The Service Provider implements appropriate technical and organizational measures to protect the data (encryption of network exchanges between servers, encryption of backed-up data). The Customer remains the Data Controller for the hosted data and guarantees that they have collected this data lawfully.
In order to guarantee business continuity and the Customer’s freedom of choice, the Service Provider commits to implementing a reversible IT infrastructure. At the end of the contract, the Customer will be able to repatriate their infrastructure and data. The Service Provider commits to making data access possible in open and standard formats to facilitate portability. Technical assistance specific to reversibility (custom extraction, migration support) will be the subject of a separate quote based on time spent.
All disputes to which this contract may give rise will be submitted to the competent courts of the Service Provider’s registered office, including in the event of summary proceedings or multiple defendants.
This contract is drafted in French and is subject to French law. (The French version shall prevail over any translation).
These General Terms and Conditions of Sale are expressly approved and accepted by the Customer, who declares and acknowledges having full knowledge thereof, and waives the right to rely on any contradictory document (in particular their own general terms and conditions of purchase).