Stackhero's services are governed by these terms and conditions of service.
By creating an account, ordering a service, accessing the dashboard, or using Stackhero's services, the customer accepts these terms and undertakes to comply with them.
Stackhero's services are intended for professional use. By using the services, the customer declares that they are acting for professional or business purposes.
Stackhero may terminate the contract at any time by giving the customer 30 days' notice. Likewise, the customer may terminate the contract via their dashboard, unless a commitment period has been agreed in a separate written agreement.
The company Stackhero is referred to in these terms as "Stackhero", "the Company", "we", "us" or "our".
Stackhero is registered under the number RCS Paris 512 366 378. Its VAT number is FR92512366378.
The registered office is located at:
Stackhero 1 rue de Stockholm 75008 Paris France
Stackhero is a French company, based in France and subject to French law. In the event of a dispute, the courts with jurisdiction over Stackhero's registered office shall have exclusive jurisdiction, unless mandatory applicable law provides otherwise.
Stackhero provides managed cloud services, hosting services, and related technical services.
Stackhero undertakes to perform the services with due care and skill, in accordance with generally accepted professional standards in the cloud hosting and managed services sector.
Stackhero is committed to correcting defects or malfunctions affecting its own services as soon as reasonably possible to ensure service continuity.
Stackhero offers services designed to be available 24 hours a day, 7 days a week, except during:
Stackhero may update, modify, migrate, suspend, or discontinue a service where reasonably necessary for security, maintenance, legal compliance, technical evolution, or operational continuity.
The customer must:
Stackhero reserves the right to suspend or terminate any account or service immediately if these terms are not respected, if the customer's use creates a security risk, threatens service stability, or if required by law or by a competent authority.
Stackhero provides basic support to help resolve common issues related to its own services.
Support is limited to matters concerning Stackhero's services and infrastructure. It does not include general software consulting, development, application debugging, administration of software components outside Stackhero's scope, or support for third-party software used by the customer.
Stackhero endeavours to respond as quickly as possible during office hours, from 9am to 6pm Central European Time, excluding weekends and French public holidays.
Stackhero is not liable for:
To the maximum extent permitted by applicable law, Stackhero's total aggregate liability arising from the services, the customer account, these terms, or any related agreement, regardless of the legal basis of the claim, shall not exceed the total amount actually paid by the customer to Stackhero for the services during the twelve months immediately preceding the first event giving rise to liability.
If the customer has used Stackhero's services for less than twelve months, Stackhero's total aggregate liability shall not exceed the total amount actually paid by the customer to Stackhero since the creation of their account.
Amounts paid via an authorised marketplace for Stackhero services are considered amounts paid for the services, excluding taxes, credits, refunds, and marketplace fees where applicable.
The liability cap applies in aggregate to all claims, damages, compensation, refunds, service credits, SLA penalties, contractual penalties, settlements, costs, and indemnities arising from the same event or a series of related events.
The SLA penalties described in section 6 constitute the customer's sole and exclusive remedy in the event of service unavailability, unless mandatory applicable law provides otherwise.
Stackhero shall not be liable for indirect, incidental, special, or consequential losses, including loss of profit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of anticipated savings, loss of use, loss of data, data reconstruction costs, reputational damage, business interruption, or any claim made against the customer by a third party, except where such exclusion is prohibited by applicable law.
Nothing in these terms limits or excludes liability where such limitation or exclusion is prohibited by applicable law, including in cases of intentional misconduct, fraud, gross negligence, death, bodily injury, or any liability that cannot legally be limited.
Stackhero guarantees a default monthly average availability rate of 99.9 percent for eligible services.
This Service Level Agreement may be enhanced by a separate written agreement.
The availability guarantee does not cover:
Penalties may be applied only if all the following conditions are met:
Penalties are calculated on a pro rata basis per minute of eligible service unavailability, based on the amount paid by the customer for the affected service during the month of the incident.
Penalties are capped at 30 percent of the value of the affected service for the month concerned.
Penalties cannot be accumulated with other compensation, refunds, credits, or indemnities for the same incident.
Penalties will be deducted from the next invoice issued to the customer, within a 30-day period, provided that the customer still has an active account and no overdue payment.
The prices for each service are listed on the website and are exclusive of VAT, which may be applied depending on the customer's country and will be detailed on the final invoice.
Prices may be revised by Stackhero after notifying the customer at least one month before the change takes effect.
Any service not paid by the due date may be suspended.
In such cases, an interest rate of 10 percent of the outstanding balance may be applied.
If payment is not received, Stackhero reserves the right to terminate the service and delete all associated data, including service configurations, data, and backups.
The customer remains responsible for exporting or backing up their data before any termination, suspension, or deletion.
Stackhero may update these terms from time to time.
Customers will be informed of material changes by email, via their dashboard, or by any other appropriate means.
Unless otherwise stated, updated terms will come into effect 30 days after notification.
By continuing to use the services after the effective date of the updated terms, the customer accepts the new terms.
If the customer does not accept the updated terms, they may terminate the services before the effective date.
If any provision of these terms is found to be invalid, unenforceable, or ineffective, the other provisions will remain in full force and effect.
Any failure by Stackhero to enforce a provision of these terms shall not constitute a waiver of that provision.
These terms constitute the agreement between Stackhero and the customer regarding the use of the services, unless a separate written agreement has been signed between Stackhero and the customer.