Terms and Conditions

Who are we?

Our website address is: https://wintive.com.

Preamble

WINTIVE specializes in the design, deployment, and administration of cloud computing solutions. As such, it offers customers the MS 365 solution. This solution includes servers, licenses, associated support services, and the right to use the MS 365 platform.
To access the hosted MS 365 platform, the customer uses a computer network. This network consists of access terminals, printing devices, software, and Internet access. Under the MS 365 offering, the customer manages its own computer network, while WINTIVE manages the MS 365 platform.

Purpose of the contract

Specifically, this contract defines the Conditions under which WINTIVE provides a migration and administration service for the MS 365 solution.

Definition of services

Under this contract, WINTIVE provides the customer, within the framework of the “MS 365” contract, with the following services:

• Incident Resolution through Remote Assistance, which takes the form of Telephone Assistance and/or Remote Maintenance.
• Technical relay with Microsoft technical support.

WINTIVE Obligations

WINTIVE resources perform all services covered by this contract. Their skills and IT tools meet the purpose of this contract.
In particular, the “MS 365” contract provides two service types: “Incident” and “Relay”. Their definitions follow below.

” Incident ” :

WINTIVE provides 1st level maintenance in the form of Telephone Assistance and/or Remote Maintenance. Remote Assistance Incidents are short by nature. WINTIVE decides whether to request intervention from Microsoft support, which ends the Incident. Moreover, under the MS 365 contract, these Incidents are unlimited.

“Technical relay”:

WINTIVE opens a service request with Microsoft technical support. It then monitors the request and carries out tests in collaboration with the customer.

Customer Obligations

As part of the MS 365 contract, the customer provides WINTIVE with independent administrator access to the DNS zone. This access covers the domain name included in the service. Independent administrator access means the Registrar allows multiple users on its platform. Indeed, if the customer changes their password or adds two-factor authentication, our access stays unaffected.

If the Customer’s Registrar does not offer multi-user management, we may transfer the Customer’s domain name to a pool. In all cases, we retain ownership in the Customer’s name.

The quote accepted by the customer specifies the hardware and software supported under the MS 365 contract.
Customer requests reach us by email at ticket@wintive.com during the coverage periods noted above. We assign each Incident a priority level reflecting its urgency and required response time.
In addition, the customer agrees to cooperate with WINTIVE technicians in good faith, providing all technical elements and information they request.

Details of services

Teleassistance Services

Telephone assistance

This service lets the WINTIVE technician resolve first-level problems by telephone for the end user, the Customer Relay Contact, or the Customer Authorized Contact. If Telephone Support is immediately unavailable, WINTIVE calls the customer back within 24 hours. Depending on the problem, the WINTIVE technician may open an intervention request with Microsoft technical support.

Remote maintenance

This service lets the WINTIVE technician resolve first-level problems remotely for the end user, the Customer Relay Contact, or the Customer Authorized Contact. Specifically, it involves remote control of the customer’s equipment via a secure modem or Internet connection. If Remote Maintenance is immediately unavailable, WINTIVE calls the customer back within 24 hours. Depending on the problem, the WINTIVE technician may open an intervention request with Microsoft technical support.

Technical relay

After Remote Assistance completes the diagnosis, this service enables WINTIVE to open an intervention request with Microsoft’s technical service. WINTIVE follows this request through to the final resolution of the problem.

Exclusions

This Agreement does not include hardware, software, or services necessary for the operation of the Customer’s local network or Internet access:

• the supply of software, software packages, operating systems and, in general, all associated programs,
• supplies, wear parts or consumables necessary for the operation of the machines such as ribbons, ink, floppy disks, batteries, laptop batteries, fonts, print wheels, drive rollers, keyboards, pointing devices, inverters, etc.
• the supply of materials or parts necessary for repairs,
• troubleshooting infrastructure (electrical cabling, network cabling). Rental of measuring, testing or control devices,
• the change or addition of a telephone line or socket,
• modifications to the equipment that do not correspond to the use for which it was initially intended,
• interventions following abnormal handling or use,
• installations of operating systems or other software on servers or workstations,
• troubleshooting of hardware and software not supplied by WINTIVE,
• interventions on the customer’s network (infrastructure, routers, switches, etc.),
• the cost of interventions carried out by third parties on behalf of the client,
• modifications to configurations or changes to hardware without having informed WINTIVE,
• interventions on the customer’s hardware or software which have undergone modifications without the prior agreement of WINTIVE.

Contract duration

This contract runs for 12 months from the date of signature. At the end of this period, it renews automatically for another 12 months. However, either party may terminate it by registered letter with acknowledgment of receipt. The termination notice must reach the other party at least three months before the contract end date.

Financial conditions

The quote accepted by the client specifies the service price. Payment is due on the date indicated on the invoice. In the event of non-payment by the due date, WINTIVE reserves the right to suspend the service until the client pays the full amount due.

Responsibility

WINTIVE accepts an obligation of means in the execution of this contract. Furthermore, WINTIVE bears liability only in the event of proven and exclusive fault in its contractual obligations. Under no circumstances does WINTIVE bear liability for indirect damages the customer suffers, such as loss of turnover, profit, data, or commercial damage.

Confidentiality

Both parties keep strictly confidential any information or documents about the other party. This duty covers economic, technical, and commercial data. It applies throughout the performance of this contract.

Miscellaneous

This Agreement constitutes the entire agreement between the parties. It supersedes and cancels all prior agreements, negotiations, and commitments, whether written or oral. Furthermore, any modification or addition to this Agreement requires a written amendment that both parties sign.

If any provision of this contract proves null or inapplicable, that provision shall be deemed unwritten. However, this does not affect the validity of the other provisions.

If one party fails to enforce a breach by the other party, this does not constitute a waiver of that obligation for the future.

Applicable law

This contract is subject to French law. Therefore, any dispute about the interpretation or execution of this contract falls under the exclusive jurisdiction of the courts of Paris. If the parties cannot resolve the dispute amicably, they submit it to those courts.