Version dated 5 October 2026. Applies to orders expressly incorporating this version.
1. Required service specification
Before production, the parties complete and accept the following specification. Mark inapplicable fields “not applicable”. Unknown information is not a service commitment.
- Customer, order reference and administrative, technical and security contacts.
- Instance and domains; core version, revision and licences; module names, versions and licensing basis.
- Included services; CPU/RAM, storage, traffic, users, entities and environments; alert thresholds and expansion terms.
- Hosting provider and contracting entity; account owner; VPS or dedicated physical server; countries/regions of servers, storage and backups; CDN and support-access countries.
- Enabled integrations, third-party account owners, granted permissions and synchronisation limits.
- Dates, milestones, acceptance criteria, separate prices, payment dates, duration and renewal; fees subject to revised Syntec, billing start date, initial reference month (third month before the start month) and published value.
- Support channel, address, coverage days/hours, time zone, escalation and response/intervention/restoration objectives by severity.
- Backup scope, frequency, retention, encryption, separation, responsibility and verification/restoration-test frequency.
- Recovery point objective (RPO), recovery time objective (RTO), any guaranteed uptime and measurement.
- Authorised subprocessors, transfers and security controls: completed DPA specification attached.
Managed service must not start with unspecified processing locations, backup responsibilities, support or security. Unless expressly varied, the standard settings below apply to new fully managed instance orders and are verified and recorded before activation. They do not describe a configuration already deployed for every customer. Subscription alone does not promise “99.9%” or “24/7” support.
2. Responsibilities
For a fully managed instance, the Provider configures and maintains the system and application within scope, administers technical access, applies relevant patches, performs agreed backups and manages restoration. The Customer administers business accounts, access rights, content, asset licences and its own systems. Any privileged Customer access and consequences of its interventions are documented.
For infrastructure contracted directly by the Customer, the specification allocates hosting-account, operating-system, network, backup, certificate and update responsibility. Installation alone is not ongoing operations. The Provider remains responsible for tasks it accepted.
The Provider may adapt infrastructure for security, performance or operations without materially reducing agreed characteristics, with prior notice of significant changes. Subprocessor, processing-country or access changes remain subject to the DPA and its notice, authorisation and safeguard requirements.
The Order Form fixes the number of managed instances and environments. A domain change or alias pointing to the same instance does not by itself create another billable instance; any technical work is separately agreed. Additional instances require a separate order. Domain owners remain responsible for renewals unless administration is expressly entrusted to the Provider.
3. Source data and technical copies
Damvia connects to authorised cloud sources and may retain copies of originals, previews, download archives, metadata and editorial content in application storage. Keeping source files in Customer storage does not mean no additional copies exist.
The Customer preserves cloud sources and their backups. Instance backups cover, as specified, PostgreSQL, main storage, relevant asset storage, configuration and version materials needed for recovery. Reconnecting cloud storage alone does not reconstruct users, permissions, pages or module data. Synchronisation is not an independent backup.
For a standard fully managed instance, a consistent backup of PostgreSQL, recovery configuration and files in application storage is scheduled at least once every twenty-four hours. Daily copies are retained for seven days and one weekly copy for four weeks; no standard copy exceeds twenty-eight days. Backup storage is separate from the production server, with restricted access, encrypted transfers and encryption at rest. Countries and storage entity are recorded before activation; standard backups are hosted in the European Economic Area. This is not a guarantee of geographic separation between data centres.
Backups exclude files kept exclusively in the Customer’s cloud services and their history unless expressly ordered. Local application copies are included. The recovery point objective (RPO) is twenty-four hours since the last successful backup for this scope, dependent on a usable copy, and is not a guarantee against all data loss. Failures generate automated alerts examined during support hours. Automated task checks run daily. An initial restoration test is performed before production, followed at least quarterly by a representative test of the database, configuration and a sample of files; date, scope and results are recorded. Full restoration testing of every file or a multi-region disaster recovery plan requires a separately agreed scope. Standard backups are included in the managed service and do not create undisclosed additional storage charges.
4. Maintenance and support
Corrective maintenance covers reproducible defects in maintained versions and modules within the agreed environment. The Provider may provide a fix, update or reasonable workaround. Functional enhancements, new modules, additional training, unauthorised modifications, reconstruction after Customer intervention and major third-party API changes are outside the package unless expressly included. Additional paid analysis or work requires an accepted quotation.
The Provider gives at least two business days’ notice of planned maintenance expected to interrupt service, stating the window and estimated duration, and aims for interventions under two hours during support hours. This is a planning target rather than an absolute duration cap; longer work is announced and coordinated. Urgent security patches may precede full notice, with information as soon as possible. Before migration, the Provider checks compatibility of the ordered scope and provides a suitable backup or rollback mechanism. Changes materially affecting scope are agreed with the Customer.
A response objective measures time to examine a request, not guaranteed resolution. Any numerical SLA must specify measurement period and point, limited justified exclusions, credits and caps, and remedies for recurring failure. Credits are not exclusive remedies where law prevents that restriction.
Standard support is by email, Monday to Friday from 9 am to 6 pm Paris time, excluding French public holidays. The Order Form identifies the channel; by default [email protected] receives and routes requests. Two authorised Customer contacts centralise tickets. Requests include the instance, impact, reproduction steps, observed times and available evidence, without secrets in the message body. Out-of-hours requests are recorded but time starts at the next opening; one support business day means nine coverage hours. Qualification must not artificially delay response.
- Priority 1: instance unavailable to all users, an essential function completely blocked without workaround, or a serious security/data-loss incident. Target for a meaningful first human response and start of diagnosis: one support business day. During coverage, progress is communicated at least once each business day while the incident remains blocking.
- Priority 2: an important degraded function with workaround or partial impact. Target for first response and initial diagnosis: two support business days.
- Priority 3: minor defect or usage question. Target for first response: five support business days; any correction timetable is subsequently proposed according to complexity.
For priority 1 requiring restoration, the recovery time objective (RTO) is two support business days from a sufficiently actionable report, using a valid backup, available access and obtainable replacement infrastructure. Recovery may be provisional or limited to essential functions. This does not guarantee permanent defect correction or instant restoration of large storage. Dependencies or impossibilities are explained, estimates updated and a workaround sought. DPA incident-notification and urgent-assistance duties remain applicable without waiting for these targets.
The service is intended to remain accessible continuously subject to maintenance and incidents. The standard package includes no dedicated team, human night/weekend/public-holiday on-call service, guaranteed uptime percentage or automatic credits. Enhanced support or a guaranteed SLA requires actual operational capacity and separate agreement. These objectives are measurable professional-care commitments, not a liability exclusion or response times left to the Provider’s sole discretion. Remedies for substantial breach remain those in the Terms.
The Provider maintains the deployed version and ordered components in the documented environment and arranges necessary updates. Except for urgent security needs or unforeseeable third-party constraints, version end-of-support or an incompatible documented API change is announced at least ninety days in advance with a migration path. Maintaining the existing ordered scope does not create a new paid licence. Undocumented APIs carry no stability guarantee. The Customer uses a recent browser still maintained by its publisher, protects devices and connectivity and follows prerequisites supplied before ordering. An experimental or beta feature is enabled only by express agreement with documented limits and precautions; it does not replace an ordered production function without agreement.
For a hosting-provider or external-dependency outage, the Provider investigates the cause, opens or follows requests with the relevant supplier, informs the Customer of known impact and examines reasonable workarounds or recovery within the ordered scope. It retains useful incident notices, tickets, times and actions. Supplier timelines are communicated as that supplier’s estimates, not Damvia guarantees. Included diagnosis, status updates and recovery work do not become additional paid services merely because an outage occurs; enhanced architecture outside the order requires separate agreement.
Only the restoration-objective clock may be extended by the documented duration during which an exclusively external cause actually prevents the operation and cannot reasonably be avoided or worked around within the agreed scope. The duration, reason and updated estimate are communicated to the Customer. A general outage does not suspend still-feasible work, first response, diagnosis, information or DPA notifications and duties. Time resumes when the obstacle ends. This adjustment does not apply to delays caused or aggravated by the Provider, including unpaid hosting bills, misconfiguration, missed backups or lack of professional diligence. It does not remove breach remedies, essential obligations or the Terms’ force-majeure rules.
The standard package includes no automatic failover to another hosting provider, multiple-data-centre redundancy or multi-region continuity plan. Backup storage separate from the server may remain with the same hosting provider and be affected by a common outage; it is not independent standby infrastructure. Actual measures are recorded in the specification. Recovery on alternative infrastructure is examined if an outage persists, subject to accessible backups, available resources and DPA security, subprocessor and location rules. Absence of expressly unordered redundancy does not remove agreed backup and security measures.
5. Capacity and dependencies
Capacity and quotas come from the specification. The Provider warns of foreseeable excess and proposes adjustment. “Unlimited users” creates no hidden user quota: it means no per-user billing within the agreed resource envelope. An already accepted unlimited commitment is not implicitly reduced. Saturation or abuse may require explained, proportionate measures for security and continuity.
For new standard hosted plans, Growth includes at most one hundred active user accounts authorised to sign in, including administrators and guests with accounts. Disabled accounts and anonymous public-link visitors do not count; credentials are individual and must not be shared to bypass the limit. Enterprise and Premium have no numerical user cap or per-user surcharge. Exceeding one hundred Growth accounts requires a plan change or written agreement, without automatic billing. These managed-service conditions do not restrict the self-hosted free-software core or amend existing orders. Necessary API, traffic or technical load limits are disclosed before ordering or agreed during the contract; unlimited user numbers do not promise infinite CPU, memory or network capacity.
Integrations depend on third-party permissions, quotas and availability. The Provider does not guarantee third-party future decisions but retains agreed diagnostic, information and maintenance obligations.
The specification states storage units (decimal GB/TB or binary GiB/TiB), counted categories, measurement method and period, alert threshold, included capacity and any ordered excess unit price. Originals, previews, temporary archives and backups are not treated as a single chargeable category without prior disclosure. Without an accepted excess price, extra charges require written agreement; a capacity warning is not acceptance of a charge.
6. Exit data inventory
On an authorised contact’s request, the Provider supplies an inventory and secure standard export including Customer content available in the instance, metadata, product records, collections, pages, Customer settings, module business data and exportable relevant logs, subject to third-party rights and security. Intended formats are PostgreSQL for the database, JSON or CSV for structured data where relevant, files in their available format and existing schema/configuration documentation needed to interpret them. The Order Form specifies actually available formats per module and technical scope before signature.
Exports exclude Provider internal secrets, other customers’ data and proprietary code, without withholding business data or metadata necessary for reuse. Customer-owned secrets are securely transferred or replaced. A personal-account export is not an instance export; a full export may require technical intervention.
One standard end-of-contract export and existing documentation are included. Freely requested extra assistance, such as functional redesign at the destination, requires a quotation and cannot reclassify legally free switching operations as paid work.
7. Exit process
The Customer may request switching or self-hosting in writing, identifying the destination and desired date. Default notice to initiate switching is thirty days, followed by a transition period of no more than thirty calendar days. The service continues during the agreed transition with reasonable cooperation, data protection and appropriate continuity. The switching request constitutes notice to end affected services upon successful completion; the Provider confirms the date and financial consequences. Ordinary fees remain payable for service actually supplied; any separate termination charge must comply with the general terms and law.
Where Chapter VI of Regulation (EU) 2023/2854 applies, timing is interpreted under its requirements. If standard transition is technically unfeasible, the Provider explains within fourteen working days of the request and states an alternative period of no more than seven months. The Customer retains the right to extend transition once for a period it considers appropriate. Other more favourable mandatory requirements apply.
Data remains retrievable for at least thirty days after transition. After that period, or earlier on a legally compatible written instruction, production data is deleted within thirty days; backups expire on the DPA’s documented rotation no later than ninety days after production deletion. Backups remain isolated and used only for necessary recovery or legal obligations, with deletions reapplied on restoration. A certificate is available on request.
No switching fees prohibited by that Regulation are charged from 12 January 2027. Before then, any permissible fees must be disclosed before contracting and cannot exceed directly related costs; this contract already includes the standard export. Early-termination charges, ordinary service fees and extra services are distinguished and cannot circumvent the rule.
A dedicated or configured instance is not presumed exempt. Any custom-built-service derogation requires verification of statutory conditions and required pre-contract information and excludes only the specified legal obligations. Open-source rights remain independent.
After delivery and effective takeover on the Customer’s or new provider’s infrastructure, the receiving operator assumes transferred hosting, maintenance, security and compliance operations. The outgoing Provider supplies no continuing service outside the agreed scope, without being released from earlier breaches, transition duties or liabilities that law preserves.