Terms and Conditions of Sale (CGV)
Last updated : 15/10/2026 · By-Hoster — RNA W162005815
Terms and Conditions of Sale
Preamble
These Terms and Conditions of Sale ("T&Cs") apply to sales of services made by By-Hoster, an association registered under RNA number W162005815 and SIRET number 92395660100010, whose registered office is located in Nouvelle-Aquitaine, France.
They are made available to the customer before any order, and acceptance of them is a condition of the formation of the contract. The version applicable to an order is the one in force on the day of that order. Each version is dated and archived, and is attached to the order confirmation sent to the customer on a durable medium.
Only the French version of these terms is legally binding. This translation is provided for information.
Article 1 – Purpose
These T&Cs define the rights and obligations of the parties in connection with the sale, by By-Hoster, of hosting services, associated technical services and ancillary services.
Article 2 – Characteristics of the services
By-Hoster distinguishes three categories of service, which do not follow the same rules. This distinction governs the application of Articles 7, 8 and 9.
2.1 The hosting subscription
Provision of a hosting resource for a fixed, renewable term: shared web hosting, VPS, VDS, dedicated server, managed application, reseller plan.
This is a continuing service: it runs for the whole of the subscribed period. Making the resource available therefore does not amount to full performance of the subscription.
2.2 Technical services
One-off work, described and priced separately before the order: application installation, migration, configuration, preparation of a machine template, specific setup, translation, and more generally any work not included in the subscription.
This is a one-off service: it is complete once the described operations have been carried out and the report has been delivered.
2.3 Domain names
Registration, transfer and renewal of domain names, the fees for which are paid over to the relevant registry and which are subject to that registry's rules.
The essential characteristics, the price and the conditions of performance of each service are stated on the offer page and repeated in the order summary, before payment.
Article 3 – Orders and formation of the contract
The customer selects services in the client area. Before confirming, they are given a summary setting out the description of each service, its price, the subscribed term, the options chosen and the total amount due.
Any service giving rise to an additional charge is the subject of clear information and the customer's express agreement before the contract is formed. No additional charge is added after the order without a fresh agreement from the customer.
The order becomes final once payment has been validated and these T&Cs, together with the Terms of Use, have been accepted.
By-Hoster sends the customer, on a durable medium, a confirmation setting out the content of the order, the applicable terms, the information relating to the right of withdrawal and the model withdrawal form.
By-Hoster may refuse an order in the event of non-payment, established fraud or a serious risk of non-compliance with the Terms of Use.
Article 4 – Prices
Prices are stated in euros (€) and are net of VAT, as By-Hoster is not subject to VAT (VAT not applicable, Article 293 B of the French General Tax Code).
The applicable price is the one in force at the time of the order. A price change never applies to a period already paid for. It is announced to the customer before the renewal date concerned, and the customer remains free to disable automatic renewal and not to be subject to it.
Article 5 – Payment terms
Payment is due on ordering, by:
- Payment card, Apple Pay and Google Pay (via Stripe),
- PayPal,
- Credit balance on the customer account.
Where a service is renewed after expiry, the original expiry date is maintained; elapsed days are not compensated.
Article 6 – Performance of the hosting subscription
The subscription is made available after payment has been validated, within the time stated on the offer page.
As the subscription is a continuing service, its activation does not amount to full performance: a monthly subscription is only fully performed at the end of the subscribed month.
Where the customer is a consumer, provision before the end of the withdrawal period only takes place at their express request, under the conditions of Article 8.
Article 7 – Technical services
Technical services not included in the subscription are the subject, before they begin, of a description and a price accepted by the customer.
That description sets out:
- the scope and the expected result: software and version, operations included, environment concerned, deliverables and functional tests;
- the price, as a fixed fee or an hourly rate with an agreed cap, together with the number of interventions included;
- the expected time or date, and the items the customer must supply to enable performance.
Any change of scope giving rise to an additional charge requires the customer's prior agreement.
Completion of the work is documented by a report delivered to the customer, setting out the operations carried out and the items delivered. The customer is invited to report any non-conformity as soon as it is noticed; failure to report it immediately does not deprive them of any of their legal guarantees.
A technical service may be invoiced separately from the subscription. That separate invoicing does not, in itself, alter the nature of the links between the two contracts: where the technical service is ancillary to a hosting subscription, the exercise of the right of withdrawal in respect of the subscription produces its effects on the ancillary service under the conditions laid down by law.
Article 8 – Right of withdrawal
8.1 Principle
A consumer customer has a period of fourteen (14) days in which to exercise their right of withdrawal, without having to give reasons and without bearing any costs other than those provided for by law, in accordance with Article L221-18 of the French Consumer Code.
For a supply of services, that period runs from the day the contract is formed.
8.2 How to withdraw
The customer notifies their decision by an unambiguous statement, before the period expires:
- by ticket from their client area,
- or by e-mail to contact@by-hoster.com,
- using, if they wish, the model withdrawal form attached to the order confirmation.
8.3 Effects of withdrawal
By-Hoster reimburses the customer for all sums paid, no later than fourteen (14) days after the day on which it is informed of the decision to withdraw, using the same means of payment as that used for the initial transaction, unless the customer expressly agrees to another means.
That reimbursement involves no cost for the customer, in accordance with Article L221-24 of the French Consumer Code.
8.4 Performance started before the end of the period
The customer may ask for performance to begin before the end of the withdrawal period. In that case:
- they keep their right of withdrawal; if they exercise it, they pay an amount proportionate to what has actually been supplied to them up to the point at which they communicated their decision, in accordance with Article L221-25 of the French Consumer Code;
- where the service has been fully performed before the end of the period, at their express request and after they have acknowledged that they would lose their right of withdrawal, that right may no longer be exercised in respect of that service, in accordance with Article L221-28(1) of the French Consumer Code.
The online ordering process includes that request, as services are delivered as soon as payment is made. A customer who would rather performance began only once the withdrawal period expires tells us before ordering, by ticket or e-mail: provision is then scheduled for that date.
If performance has begun without the customer's express request, or without the required information having been provided to them, no sum is claimed from them for the service supplied in the event of withdrawal.
8.5 Exceptions
The only exceptions to the right of withdrawal are those laid down by Article L221-28 of the French Consumer Code. By-Hoster states, before the order, which exception applies to the service concerned where there is one.
By-Hoster does not describe a service as "personalised" in order to exclude it from withdrawal: each service is characterised according to what is actually supplied.
8.6 Who benefits
The right of withdrawal set out in this Article benefits consumers. Professional status is assessed by reference to the actual purpose of the purchase, not to a declaration made when ordering. Certain professionals may benefit from it under the conditions laid down by Article L221-3 of the French Consumer Code.
Article 9 – Voluntary "48-hour money-back" guarantee
This guarantee is a commercial advantage that By-Hoster grants in addition to the customer's legal rights. It does not replace them and does not reduce them.
9.1 Purpose
For a first order of a hosting subscription expressly identified as eligible on the offer page, the customer may request, without having to give reasons, within 48 hours of the service actually being made available, reimbursement of the price of the initial subscription.
9.2 Scope
This guarantee covers solely the amount of the hosting subscription identified in the order summary.
It does not cover:
- separate technical services, described and priced before the order (Article 7): application installation, migration, configuration, preparation of machine templates, translation;
- domain names, whose registration fees are paid over to the registry;
- renewals and upgrades of an existing service;
- purchases of credit on the account balance;
- third-party licences and software.
9.3 How it works
- the request is made by ticket from the client area, or by e-mail to contact@by-hoster.com, before the end of the 48-hour period;
- reimbursement is made to the original means of payment within 14 days, or as credit in the client area if the customer prefers;
- the service concerned is stopped and then deleted as soon as the refund is granted;
- the guarantee applies once per customer and per type of service.
9.4 Exclusion
The voluntary guarantee is not owed where the service has been suspended for established abuse within the meaning of Article 11 of the Terms of Use. This exclusion is specific to the voluntary guarantee: it deprives the customer of no legal right and does not entitle By-Hoster to retain any sum by way of penalty.
9.5 Relationship with legal rights
This guarantee is no obstacle to the right of withdrawal (Article 8), to the applicable legal guarantees, or to the customer's remedies in the event of non-performance or defective performance. The customer remains free to rely on whichever regime is most favourable to them.
Article 10 – Other refunds
Outside statutory withdrawal and outside the voluntary guarantee, refund requests are handled in accordance with the Refund Policy, which distinguishes refunds owed as of right from discretionary commercial gestures.
Article 11 – Suspension and termination
By-Hoster may suspend or terminate a service in the following cases:
- non-payment when due,
- serious and established breach of contractual obligations,
- abusive or unlawful use of the service, under the conditions of Article 11 of the Terms of Use.
In the event of suspension for non-payment:
- data is kept for 30 days after the service's due date; By-Hoster notifies the customer by email upon suspension, then 7 days and 1 day before deletion,
- after that period, it is irreversibly deleted.
A suspension does not, in itself, mean that the sums paid by the customer are acquired. The financial consequences are assessed separately, in the light of the established facts and the services actually supplied.
Article 12 – Renewal and expiry
- The customer is responsible for renewing their services before the expiry date.
- Automatic renewal may be disabled at any time from the client area or by ticket.
- Where there is no renewal, services expire and are permanently deleted 30 days after their due date; until then, the customer can renew them from the client area and get them back with their data. For a due date before 15 October 2026, this period remains 90 days.
Article 13 – Liability
By-Hoster is liable as of right, towards the consumer, for the proper performance of the obligations arising from the distance contract, under the conditions laid down by Article L221-15 of the French Consumer Code. It may be released from that liability by proving that the non-performance or defective performance is attributable to the customer, to the unforeseeable and insurmountable act of a third party unconnected with the supply of the services, or to force majeure.
What By-Hoster is answerable for:
- making available and maintaining in operational condition the infrastructure it operates,
- the security of its network and its hypervisors,
- the conformity of the service with the description given before the order.
- the content published or hosted by the customer, who is solely responsible for it,
- the software installed and administered by the customer in their own environment,
- the use made of the account by a third party to whom the customer has given access, or whose credentials the customer has failed to protect.
No provision of these T&Cs has the object or effect of excluding or reducing By-Hoster's liability for breach of its own obligations, or the rights the customer derives from the law.
Article 14 – Force majeure
By-Hoster cannot be held liable for the total or partial non-performance of its obligations in the event of force majeure, within the meaning of Article 1218 of the French Civil Code and French case law.
Force majeure suspends the performance of obligations; it does not release By-Hoster from reimbursing sums corresponding to services that have not been supplied.
Article 15 – Intellectual property
The content of By-Hoster's sites and services (texts, images, logos, trade marks) is protected by French and international intellectual property law. Any unauthorised reproduction, distribution or exploitation is prohibited.
The customer retains full ownership of the content and data they host.
Article 16 – Data protection
Personal data collected is processed in compliance with the General Data Protection Regulation (GDPR) and under the conditions set out in the Privacy Policy and the GDPR Notice.
The customer has, at all times, the rights of access, rectification, erasure, objection, restriction and portability.
To exercise those rights: contact@by-hoster.com
Article 17 – Technical support and included services
The support included in each subscription covers:
- access to the service and to the client area,
- the infrastructure operated by By-Hoster: hypervisor, network, storage, power,
- the functions made available by the client area: reinstallation, snapshots, rescue console, remote access.
- administration of the customer's operating system,
- installation, configuration and troubleshooting of software the customer installs or administers,
- migration of their data and any bespoke development.
By-Hoster intervenes where the malfunction originates in its infrastructure or in a function it supplies. Outside that scope, the team may provide occasional assistance free of charge — without that assistance creating any obligation for the future — or propose a technical service under the conditions of Article 7.
Article 18 – Complaints and mediation
Any complaint is addressed to By-Hoster by ticket from the client area or by e-mail to contact@by-hoster.com. By-Hoster acknowledges receipt and replies within a reasonable time.
In accordance with Articles L612-1 et seq. of the French Consumer Code, a consumer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of a dispute with a trader, after having tried to resolve it directly through a written complaint.
By-Hoster is in the process of appointing a consumer mediator; their contact details will be published on this page and communicated to any customer who requests them.
The customer's use of an amicable or judicial remedy may not give rise to any contractual penalty, nor to the suspension of their services.
Article 19 – Governing law and jurisdiction
French law applies.
A consumer may bring proceedings, at their choice, before any of the courts having territorial jurisdiction under the French Code of Civil Procedure, or before the court for the place where they were living when the contract was formed or when the harmful event occurred.
For professional customers, disputes fall within the jurisdiction of the courts of the district of By-Hoster's registered office.
Article 20 – Professional customers
Articles 8 and 9, and the references to the French Consumer Code, apply to consumer customers.
Professional status is assessed by reference to the actual purpose of the purchase. A declaration made when ordering is not, in itself, sufficient to displace consumer status.
Article 21 – Term, amendment and versions
These T&Cs apply throughout the term of the services subscribed for.
By-Hoster may amend them. An amendment does not apply retroactively to orders already formed: each order remains governed by the version accepted at the time it was placed, in accordance with Article 1193 of the French Civil Code.
For ongoing subscriptions, any amendment is notified to the customer at least 30 days before it takes effect. A customer who refuses it may terminate their subscription free of charge before that date.
Earlier versions are archived and provided on request.
Contact
For any information or complaint:
contact@by-hoster.com www.by-hoster.net