1. Purpose and scope
These Terms of Sale govern the terms under which Miridia SASU markets and provides the client with the hosting, server and infrastructure services offered under the MiridiaHost brand.
They apply to any order placed by a client, whether an individual or a business, from the client area, to the exclusion of any other terms. They are governed by French law and may be supplemented by special conditions specific to a given service.
Validating an order constitutes full and unreserved acceptance of these Terms of Sale, as well as the website's Terms of Service.
2. Offers, pricing and quotes
The features and prices of services are those displayed on the website at the time of order. Prices are shown exclusive of tax (net) with their tax-inclusive equivalent (gross, VAT at the applicable rate, currently 20%) shown for information.
Miridia SASU may change its prices at any time; such changes do not apply to services already subscribed to before they take effect, except upon renewal to a different offer.
For custom services (colocation, IP tunnels, specific configurations), a quote is issued on request and is binding on the parties for the duration it specifies.
3. Order and formation of the contract
The order is placed by the client from the client area, after creating an account and selecting the desired service. The contract is formed as soon as payment is fully validated by the client, who receives a confirmation email.
The client agrees to provide accurate information when ordering. Miridia SASU reserves the right to refuse or cancel any order that appears fraudulent or abusive, or that comes from a client already in dispute over a previous payment.
4. Payment terms
Payments by card (Visa, Mastercard) and by PayPal are accepted; they are processed by Stripe and PayPal, which guarantee the security of transactions. Miridia SASU does not store any card data.
The client chooses a monthly, quarterly, half-yearly or annual billing cycle; the quarterly, half-yearly and annual cycles benefit from a 10%, 15% and 20% discount respectively on the monthly rate.
If payment is not made by the due date, the client is notified by email. The service is suspended five (5) days after the due date of the unpaid invoice, then terminated fifteen (15) days after that due date: hosted data is then permanently deleted and cannot be restored. It is the client's responsibility to back up their data before that point. Termination is without prejudice to amounts owed.
5. Term, renewal and termination
The contract is concluded for the duration of the billing cycle chosen by the client and is automatically renewed for an equivalent period unless terminated.
The client may terminate their service at any time from the client area; termination takes effect at the end of the current cycle, with no refund for the period already used, subject to the right of withdrawal set out in Article 8.
Miridia SASU may terminate a contract in the event of a client's breach of its obligations (breach of the Terms of Service, unlawful use), after formal notice has gone unanswered where circumstances allow. In the event of non-payment, the suspension and termination periods set out in Article 4 apply.
6. Delivery and activation
For automated offers (web hosting, VPS, game servers, Discord bots), deployment is automatic and takes place in less than five (5) minutes after payment is fully validated.
For custom services (colocation, IP tunnels, specific configurations), activation is subject to human validation and scheduling with the team, communicated to the client by ticket.
7. Availability and service level (SLA)
7.1 Commitment
Miridia SASU commits to a monthly availability rate of 99.95% for the services it operates directly: web and reseller hosting, KVM and Windows VPS, game servers, Discord bot hosting and IP tunnels. This rate corresponds to a maximum unavailability of approximately twenty-two (22) minutes per calendar month.
7.2 Scope
The commitment covers the availability of Miridia SASU's network and the hosting platform it operates: host node, hypervisor, power and connectivity. It does not cover hardware owned by a client hosted in colocation, whose availability depends on their own equipment, nor applications, configurations, mods, plugins, licences and content installed or managed by the client.
7.3 Measurement
Availability is measured on a calendar-month basis using Miridia SASU's monitoring probes, whose readings are published on status.miridiahost.fr. Any total service interruption observed for more than five (5) consecutive minutes, from the moment it is detected until service is restored, is counted as unavailability.
7.4 Exclusions
The following are not counted as unavailability:
- planned maintenance announced at least forty-eight (48) hours in advance, limited to four (4) hours per month, carried out as far as possible between midnight and 6 a.m. Paris time;
- urgent interventions made necessary by a security vulnerability;
- cases of force majeure within the meaning of Article 1218 of the French Civil Code;
- the act of a third party beyond Miridia SASU's control, in particular the client's carrier, the game publisher or a licence provider;
- attacks whose volume exceeds the subscribed filtering capacity;
- suspension resulting from non-payment or a client's breach of the Terms of Service;
- unavailability resulting from the client's configuration, software, or exceeding the resources allocated to their offer.
7.5 Service credits
When the rate observed over a month is lower than the commitment, the client obtains, on request, a credit calculated on the net monthly fee of the service concerned:
- availability between 99.95% and 99.90%: 5% credit;
- availability below 99.90% and down to 99.00%: 10% credit;
- availability below 99.00% and down to 95.00%: 25% credit;
- availability below 95.00%: 50% credit.
Credits are capped at 100% of the net monthly fee of the service concerned for the month in question. They are deducted from the next invoice or refunded if the contract ends before that invoice.
7.6 Requesting a credit
The request is made by ticket from the client area, or by email to [email protected], within thirty (30) days of the end of the month concerned, specifying the service and the dates and times of the unavailability observed.
7.7 Consumer rights
This credit scheme is in addition to the rights that the client, when a consumer under French law, holds under Articles L.224-25-12 et seq. of the French Consumer Code and Articles 1217 et seq. of the French Civil Code, without restricting or hindering them.
8. Right of withdrawal
The client, when a consumer under French law, is expressly informed that, pursuant to the Hamon Act, they have a period of fourteen (14) clear days to exercise their right of withdrawal with Miridia SASU regarding the provision of the services.
Within this period, Miridia SASU may make a full refund of the amounts paid to the client. The client will be refunded by card or PayPal within fourteen (14) days of receipt of their request. The request must be made in writing, accompanied by a copy of the account holder's identity document, and sent to [email protected].
The client expressly acknowledges accepting that performance of the service provided by Miridia SASU begins as soon as payment is fully validated. Services whose performance has begun, with the consumer's agreement, before the end of the withdrawal period are excluded from the right of withdrawal.
9. Liability
Miridia SASU's liability in performing these Terms of Sale is limited to direct and foreseeable damages; it cannot be held liable for indirect damages such as loss of revenue, customers or data, except in cases of gross or wilful misconduct.
The client remains solely responsible for the content they host, the configuration of their services and compliance with the Terms of Service. Miridia SASU cannot be held liable for the consequences of misuse or misconfiguration by the client.
In any event, and subject to the service-credit scheme set out in Article 7.5, Miridia SASU's total liability for a given service is capped at the total amount paid by the client for that service over the preceding twelve (12) months.
10. Consumer mediation and dispute resolution
In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, Miridia SASU guarantees the client, when a consumer under French law, effective and free access to a consumer mediation scheme. In the event of a dispute not resolved directly with our customer service ([email protected]), the client may submit their dispute to a consumer mediator within one year of their written complaint to Miridia SASU.
The full contact details of the competent consumer mediator are provided to the client on simple request to [email protected], as well as in response to any written complaint left unresolved.
The client may also lodge a complaint on the European Union's online dispute resolution platform provided by the European Commission: ec.europa.eu/consumers/odr.
