Terms of Service: Email Service
Last updated: January 2025
1. Definitions
Ogur SARL is a company with a capital of 1,000,000Ar created in 2018. It has been registered with the Trade and Companies Register of Madagascar under number NIF: 3 003 520 900 - , STAT : 61103 11 2019 0 10927. Creating your customer account automatically implies acceptance of this contract and all our Terms of Service.
2. Purpose
This contract aims to define the conditions and terms under which OGUR makes available to its client its packages: Email service, IoT and custom quotes. The complete OGUR offer is detailed at: https://www.ogur.net
The order form displayed online is an integral part of this contract. Any order for one or more OGUR products online implies acceptance of this contract.
This contract is subscribed for a period of one year from the first payment related to the purchase of the ordered product. It is automatically renewable for periods of one year. The annual fee payment must reach OGUR no later than one week before the end of each annuity.
Any default or delay in payment by the client results in automatic termination of this contract. OGUR then reserves the right to terminate this contract at any time and without notice. In case of non-payment, breach of usage policies, or for any other reason at OGUR's discretion, OGUR will have the right, without any notice and immediately, to suspend the client's account by refunding the unused balance of their payment. In case of violation of the service usage policies, the client's account may be suspended without refund.
3. Products
3.1 - The Identifier
Following the online order and validation of the product payment, the client receives an identifier and password at the email address listed in their order form. This identifier allows administration of OGUR products ordered by the client (FTP server access, stats access...).
3.2 - Web Space
OGUR offers the client hosting on its DNS servers for a domain name and on its WEB servers for associated disk space, in exchange for a rental fee whose cost depends on the product chosen by the client. The client may choose their domain name (Web address), provided it is available and complies with the naming charter for the chosen extension.
The client has complete freedom regarding the content of their web space, provided it complies with laws and regulations in force in Switzerland and their country of origin. It is specifically excluded to publish any form of content directly or indirectly associated with:
- pedophilia
- xenophobia in all its forms
- pirated programs (MP3, divx, cracks, warez...)
- racist or profane content
OGUR reserves the right, at any time and without notice, to take offline any content it deems non-compliant with Malagasy laws.
3.3 - Email Address
OGUR makes available to the client email addresses, email aliases, and email redirects, the number of which is defined in the formula chosen by the client. The client may choose their addresses provided they are available and accepted by OGUR.
OGUR reserves the right, at any time and without notice, to delete one or all email addresses, aliases, and redirects, if it deems that their use is not in compliance with netiquette. Certain technical addresses are reserved.
3.4 - Email Sending Limits
OGUR provides the client with an email cluster allowing you to send emails within the limit of 100 emails per hour for standard plans up to E-COMMERCE, and 500 emails per hour for MAXX and higher plans. This SMTP cluster is accessible from the address smtp.yourdomain.com
- In no case can OGUR be held responsible for non-delivery of an email or its placement in SPAM, as all ISPs do not use the same filters and especially never communicate about this, it is therefore impossible for us to ensure 100% reliable delivery. This is a global and generalized problem on the Internet.
- Any spam attempt will result in rapid and definitive closure of the plan and no refund can be demanded as it clearly constitutes a violation of our Terms of Service.
4. Client Responsibility
The client undertakes to provide accurate and sincere information when reserving their domain name(s). They undertake to provide OGUR with a valid phone number and email address. They undertake to notify OGUR of any changes regarding the provided data and would be solely responsible for any malfunctions that could result from erroneous information.
The client assumes sole responsibility for any infringement of third-party intellectual or industrial property, public order and morality, and any other dispute concerning domain name(s) purchased via OGUR.
The client is solely responsible for the choice of domain name(s) they purchase. In no case can OGUR be held responsible for recourse concerning a domain name purchased via OGUR.
The client undertakes to register a valid payment method in their client area (credit card or bank account). Domain names must be at least 3 characters long before the dot. The client must maintain a valid email address and postal address.
The client undertakes not to attempt to penetrate OGUR's information systems or attempt to do so.
The client undertakes to perform their own backups of their files, databases, emails, or other data stored on our servers. In no case can OGUR be held responsible for any data loss, whatever the reasons invoked (client account hacking, accidental deletion of data by the client, data loss due to corrupted backup, server deletion due to non-payment after 10 days, etc...) and this even if they have subscribed to a backup option, but in this specific case, compensation of two months will be provided.
4.1 - Use of PHP/CGI Scripts
OGUR provides hosting packages that allow the use of PHP/CGI scripts and other executable programs. These scripts use much more system resources than simple PHP pages, so there are certain restrictions on the use of these features. Scripts must use acceptable system resources. Scripts that use a very large number of CPU cycles (10% CPU usage) and a very large RAM memory space will be suspended or additional fees may apply.
OGUR will do its best to notify clients who use scripts using too high a percentage of system resources before suspending them. However, if scripts cause problems for other clients or take too many resources (+20% CPU usage), they may be stopped without notice.
4.2 - Use of PHP/MySQL/CGI
The client is warned that abusive use (or based on incorrect programming) of MySQL, PHP, or CGI (loop scripts, persistent connection, etc.) may be such as to make the site incompatible on a shared server, and expose the site concerned to suspension without notice in order to guarantee acceptable service quality for all clients on the server.
4.3 - Domain Name Transfer
By transfer of a domain name, we do not mean the transfer of the effective ownership of the right of use, but the technical transfer of provider (DNS change). The client affirms that they are the owner of this right of use when requesting the transfer of a domain name or are mandated by the aforementioned owner. OGUR will carry out the necessary formalities or guide the client in completing these formalities.
However, the client declares that they have been warned that only the person named as administrative contact for this domain can validate this transfer. OGUR cannot be held responsible for the impossibility of transferring this domain name or the resulting delays, this impossibility not systematically invalidating the hosting contract. OGUR takes care to set your domain to status: REGISTRAR-LOCK to protect your domains against theft. Modification of status or DNS transfer, or change of owner or Nick-Handle is done via your client area in the Domain Names section. OGUR is therefore only bound by an obligation of means in this regard.
4.4 - Trademark Rights
Domain names registered by the client are their sole responsibility. The client undertakes to comply with current legislation regarding trademark rights. OGUR reminds the client that trademark counterfeiting is criminally sanctioned. It is indeed a criminal offense. The penalties that can be pronounced are restrictions, or even prison sentences, and closure of establishments.
OGUR cannot be held responsible for non-compliance with legislation by the client and reminds them that in case of civil or criminal proceedings against them, OGUR may suspend the use of their domain name following an injunction by a judicial authority.
5. OGUR Responsibility
OGUR undertakes to do everything possible to proceed with the registration/transfer/renewal of domain names after validation of payment for the corresponding order. However, this is an obligation of means and in no case an obligation of result.
5.1 - Content
OGUR does not exercise control over content emitted by the client, whether through their web space or emails they may send. In no case can OGUR see its responsibility engaged following any action or recourse by third parties, notably due to: information, sounds, images, texts, and any multimedia document contrary to current laws and regulations, contained and/or distributed on their web space by the client.
Violation of intellectual property rights relating to works contained or distributed, in whole or in part, on the client's web space.
5.2 - Accessibility
Due to the characteristics and limitations of the Internet, which the client declares to know, OGUR cannot in any way be held responsible for access speeds from other sites, worldwide, or slowdowns, difficulties accessing the client's site. OGUR also cannot be held responsible for non-delivery of emails, forum discussion articles, due to the same limitations and characteristics of the Internet. OGUR reserves the right to temporarily interrupt accessibility to its services for maintenance and/or improvement reasons without right to compensation. However, OGUR undertakes to implement all means at its disposal to minimize this type of interruption.
5.3 - Security
OGUR's responsibility cannot be engaged in case of malicious introduction on the client's web space or hacking of the client's mailboxes, despite all security measures taken by OGUR.
5.4 - Disclaimer of Warranties
OGUR's service is provided on an "as is" basis. OGUR specifically disclaims any other warranty, including any warranty of merchantability or fitness for a particular purpose. In no case will OGUR be responsible for consequential, indirect, special, or incidental damages. Even if OGUR has been informed by the client of the possibility of such loss or potential damages. If OGUR's service to the client was disrupted, or malfunctioning for any reason, OGUR is not responsible for loss of revenue due to service interruption.
OGUR cannot be held responsible in case of delay in setting up options, account updates, bandwidth. The client undertakes not to hold OGUR responsible in case of setup delay. The client cannot in any case demand compensation following unavailability of their site, loss of traffic, financial loss following delay in setting up an update (options, bandwidth) by OGUR. The client is responsible for their site and must plan the options they need beforehand to give OGUR a reasonable time for their setup (less than 10 days). Any defects, data losses cannot be subject to claim, the hosted client being required to duplicate contents, texts, images, databases, etc. OGUR essentially provides a connectivity and server space service expressed in Megabytes.
5.5 - Force Majeure
OGUR will not be held responsible for any delay or non-performance, when the cause of the delay or non-performance would be due to the occurrence of a case of force majeure usually recognized by case law. The case of force majeure suspends the obligations arising from this contract for the entire duration of its existence. However, if the case of force majeure had a duration of existence greater than 30 consecutive days, it would give rise to automatic termination of this contract by either party eight days after sending a registered letter with acknowledgment of receipt notifying this decision.
5.6 - Indemnity
The client agrees to defend, guarantee, and hold the provider harmless against any loss, damage, or claim (including attorney fees) related to the use of this service provided by the provider to the client under this agreement, including but not limited to: false advertising, liability claimed for product or service sold by the client, "copyright" or trademark, interruption or malfunction of the service, or for any content submitted by the client. In no case can OGUR be held responsible for any damage of any nature whatsoever, notably loss of business, data loss, or any other financial loss resulting from the use or impossibility of using the service, even if it has been warned of the possibility of damages.
5.7 - Domain Names
OGUR will not be responsible in case of refusal to deliver a domain name, whatever its extension. The client will be invited in this case to change the domain name. OGUR undertakes to provide the client with a domain name in exchange. The domain name is reserved by Ogur for 1 year. At the end of this period, in case of non-renewal of the domain by the client within 30 days after the deadline, the domain name becomes public and reservable by third parties. Ogur cannot be held responsible in case of loss of the domain name, due to non-renewal of the domain by the client. In case of incoming or outgoing transfer quarantine of the domain name, OGUR cannot be responsible for non-delivery of the domain name and cannot be held responsible for any loss of revenue or visitor traffic on a site following non-renewal/transfer of a domain name.
5.8 - Support Limits
Ogur provides support for the hosting plan, meaning it does not provide support on content/scripts that are installed by the client, both for their installation and updates. If the client cannot install their scripts, Ogur can provide them with a quote for the service.
6. Termination, Refund, Withdrawal
Execution of OGUR services begins upon receipt of payment for the quote.
You have the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (for example, a letter sent by post, fax, or email).
For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
In case of withdrawal on your part from this contract, we will refund all payments received from you.
Any default or delay in payment by the client results in automatic termination of this contract. The client may terminate their subscription before the term by notifying OGUR in writing. This termination does not result in any refund. Domain names are not refunded once purchased. The domain name is managed for at least one year by Ogur.
The costs incurred by the time spent by the client on our surcharged line will in no case be refunded by OGUR as we provide you with a ticket support system that is simple and free, accessible via your client area. It is in no way mandatory to call us on our paid hotline to contact us. Our ticket management allows us to resolve all problems that may affect clients. If the client decides to call our surcharged line, it is their own initiative, and they must therefore bear the cost.
In the case where OGUR undertakes to refund you for a service, this refund may take place within a period between 3 months and 9 months after giving you written agreement.
7. Special Conditions
In case of domain name purchase by OGUR for the client, OGUR will be registered as technical contact by default (unless express request from the client). The domain name owner is always the administrative contact. In case of transfer, the client undertakes to register OGUR as technical contact in the domain name information. Failing this, OGUR could not be held responsible for non-update of information necessary for the proper functioning of said domain name. These rights will be restored at the end of this contract.
Data present on the client's hosting belongs to them and is their responsibility, but no data can be transmitted to the client if they are not up to date in their payments with OGUR. If the client wishes to retrieve them, we can provide them on a DVD for €30 excluding tax + delivery costs.
Payments: no discount on cash payments.
8. Jurisdiction
The prices of rentals and services offered are those mentioned on the order form. They are understood to include all taxes (VAT included) and are payable in advance in euros for an annual period. OGUR may modify its prices at any time without notice. The price of services paid in advance is guaranteed for the period concerned. OGUR reserves the right to pass on immediately any new tax or any increase in the rate of existing taxes.
9. Automatic Renewal
All OGUR services are on automatic renewal to avoid any data loss due to shutdown/deletion of hosting that may occur after the contract expiration date. To cancel this renewal and benefit, if applicable, from a refund, you must contact us 15 days before the expiration date either by ticket via your client area or by sending us a registered letter indicating precisely the name of the hosting that you do not wish to be renewed and therefore deleted on the expiration date.
10. Temporary Site Closure
In case of excessive connections (site flood), OGUR reserves the right to cut the site or dedicated server at any time without notice to avoid penalizing other clients.
In case of excessive CPU consumption (+10% CPU) or RAM (+8%), Ogur reserves the right to immediately suspend the site and then notify the client so they can modify/optimize the site. If after these modifications the site still consumes as many resources, OGUR will offer at a preferential price a dedicated server or a complete site audit to determine the causes of these malfunctions.
In case of excessive traffic (bandwidth usage), OGUR reserves the right to suspend the site.
Spam, server hacking attempts are prohibited and will be reported to the competent authorities.
Any payment cancellation, any dispute of our renewal policy, any threats in any form may result in immediate and definitive closure of your account and all your associated services.
11. Defamation
Any defamation against OGUR will result in immediate termination of all contracts, products subscribed by the client. The trust relationship having been broken, it is obvious that we cannot continue to work together. Termination of services will result in refund(s) pro rata of time already used by the product(s) used by the client. The client will have one month to transfer all their domains and services to another provider (emails, websites, SSL, etc...). They will no longer be able to be a client at OGUR except to repair the damage suffered by OGUR to its clients/suppliers and especially its employees.
12. Disputes
In case of dispute, only the commercial court of Antananarivo (Madagascar) will have jurisdiction, whether for professionals or individuals.