Terms and conditions of sale and use

Purpose and scope

These terms govern the sale and use of the services offered under the Rikochi brand by Olywan SAS, a French simplified joint-stock company with a share capital of €100, registered with the Paris Trade and Companies Register under number 933 180 259, whose registered office is at Bureau 326, 59 rue de Ponthieu, 75008 Paris, France.

They apply to any order placed on the website rikochi.fr by a customer, whether a consumer or a business. The customer accepts them by ticking the box provided when ordering.

Rikochi services are mainly for individuals. Businesses may also subscribe; consumer-only clauses (withdrawal, legal guarantee of conformity, mediation) then do not apply to them, unless the law extends them (Article L221-3 of the French Consumer Code). Wider business needs are covered by Olywan's offers.

Each plan's page, as displayed when ordering, supplements these terms. If they conflict, the plan's page prevails.

Definitions

Customer : the person who orders a service. Service : a game server or shared web hosting. Client area : the online interface where the customer manages their services. Plan : the option chosen, with its features and price.

Panel : the management interface of a service (Pterodactyl for game servers, Plesk for web hosting). Resources : the memory, processor, storage and other capacity allocated to a service. Backup : a copy of a service's data, made automatically per plan or at the customer's request. Content : any file, data, software, world, script or text the customer places on their services.

Customer account

Ordering requires creating an account. The customer provides accurate information and keeps their password confidential. They are responsible for actions taken from their account.

The customer must be an adult. No order placed by a minor is accepted. The customer certifies that they are an adult when creating their account.

The customer may give other people access to their services (panel sub-users, client area contacts). They remain responsible for those people's actions and the access they grant.

If their account is used fraudulently, the customer tells Rikochi at once at [email protected]. Rikochi may then block access while it secures the account.

If there is doubt about the customer's identity or age, or a suspicion of fraud, Rikochi may ask for proof. Without a reply within 7 days, the order may be cancelled and refunded.

Description of the services

Rikochi offers game servers and shared web hosting. The features of each plan (memory, storage, number of players or websites, backups) are described on its page at the time of ordering.

On shared hosting, the resources of a single machine are shared between several customers. Each plan has limits stated on its page.

Unless the plan's page says otherwise, the following are not included: game and software licences (the customer and their players must own the games), content installed by the customer, domain names and custom work.

Games are made by third-party publishers. Their updates may change how a server, its mods or plugins work, or require more resources. Rikochi has no control over them but helps the customer adapt their server through support.

Ordering

The customer chooses a plan, checks the summary and the total price, then confirms their order and payment. Rikochi sends a confirmation by email setting out the elements of the contract.

Until they confirm, the customer can go back and correct their order. The order is concluded when they click the “Order with obligation to pay” button and payment is accepted.

Confirmation is sent by email. Orders and invoices remain available in the client area. Rikochi archives each order with the accepted version of the terms and sends it to the customer on request.

Prices

Prices are shown in euros, including all taxes. The applicable price is the one displayed at the time of ordering. If the price of an ongoing subscription changes, the customer is notified by email at least 30 days before it applies and may cancel free of charge before that date.

No setup fees or hidden charges are added to the displayed price. Unless stated otherwise, the price stays the same at renewal. Promotions apply under the conditions and for the period stated on the offer.

Payment

Payment is made by card, Apple Pay or Google Pay via Stripe, or by PayPal. Rikochi does not store full card data.

If a payment fails, Rikochi notifies the customer by email. Without settlement within 10 days of the due date, the service is terminated and all its data is permanently deleted. It may be suspended as soon as the payment is overdue.

Each renewal is charged automatically to the saved payment method, which the customer can change at any time in their client area. An invoice is issued for each payment and stays available in the client area.

Before disputing a payment with their bank, Stripe or PayPal, the customer is asked to contact support, which handles the request as a priority. While a dispute is reviewed, the service concerned may be suspended. If the dispute proves unjustified, the fees charged to Rikochi by the payment provider may be passed on to the customer.

Term and renewal

Services are subscribed for the period chosen by the customer at subscription, among the durations offered for each plan, automatically renewed for the same period unless cancelled by the customer. Payment is collected automatically at each due date.

Depending on the plan, available periods are 1, 3, 6, 12, 24 or 36 months.

For periods of 3 months or more, Rikochi emails the customer no earlier than 3 months and no later than 1 month before the period ends, stating the renewal date and their right not to renew (Article L215-1 of the French Consumer Code). For monthly plans, an email is sent before each due date. Without this notice, the customer may cancel at any time after renewal and is refunded for the unused period.

Right of withdrawal

Consumer customers have 14 days from the conclusion of the contract to withdraw, without giving any reason. They may use the form in the annex or any clear statement sent to [email protected].

If the customer expressly asks for their service to start before the end of this period and then withdraws, they pay an amount proportional to the service provided until their withdrawal.

Rikochi refunds the sums due within 14 days of the withdrawal, using the same payment method. Outside this case, no refund is due for a service already provided. Rikochi may, however, grant on a case-by-case basis a credit usable on portal.rikochi.fr, issued within 7 days.

A customer who wants their service to start immediately asks for it expressly by ticking the box provided when ordering. The proportional amount is calculated pro rata to the days between setup and withdrawal.

Setup

The service is set up in about 120 seconds after payment is confirmed. Access details are sent by email and available in the client area.

If the service is not delivered within 48 business hours of payment confirmation, the customer can cancel by writing to [email protected] and get a full refund to the original payment method within 14 days.

Rikochi's commitments

Rikochi takes the necessary measures for the services to be available and to work as described. Interruptions may occur for maintenance; Rikochi notifies customers in advance whenever possible.

Rikochi makes no numerical availability commitment.

The customer benefits from the legal guarantee of conformity applicable to digital services (Articles L224-25-12 et seq. of the French Consumer Code).

Backups provided with a plan are a help, not a guarantee: the customer remains responsible for keeping their own copies of their data.

If the service does not conform, the customer reports it to [email protected]. Rikochi brings the service into conformity free of charge within a reasonable time. Failing that, or if the defect is serious, the customer can get a price reduction or cancel the contract with a refund.

Acceptable use

The customer uses the services in compliance with the law and with the terms of the publishers of the games and software concerned. The following are prohibited in particular:

• hosting or distributing illegal content;
• attacks on other systems, including denial-of-service attacks;
• sending unsolicited emails and phishing;
• cryptocurrency mining;
• pornographic or sexually explicit content;
• hateful, racist, abusive or defamatory content, or content inciting violence or crime;
• distributing protected works without permission (films, pirated software…), including via torrent or download links;
• gambling sites not authorised in France;
• open proxies, public VPNs, anonymising relays and IRC servers;
• reselling or subletting the services without Rikochi's written consent;
• on web hosting: programs running permanently in the background, and using the space to store or back up files unrelated to the hosted websites;
• any use that degrades the service for other customers.

Bulk email may only be sent to recipients who have agreed to receive it, within the sending limit stated on the plan's page.

The customer complies with the licence terms of the games they host, such as Minecraft's licence (Mojang) or Cfx.re's terms for FiveM. On shared hosting, they make reasonable use of shared resources, within their plan's limits.

In case of breach, Rikochi acts proportionately: a warning and request to fix, then limiting or suspending the service, then termination if the breach is serious or repeated. In an emergency (ongoing attack, manifestly illegal content, risk to the infrastructure), Rikochi may suspend the service immediately and informs the customer.

Hosted content and reporting

The customer is solely responsible for the content they host and publish. Rikochi acts as a hosting provider: it does not monitor content in advance, but removes or disables access to any manifestly illegal content reported to it.

Any content can be reported to [email protected].

In line with French law (LCEN) and the EU Digital Services Act, a report states the content's address, its description, why it is considered illegal and the reporter's contact details. Rikochi reviews it promptly and objectively and tells the reporter what action was taken.

When it removes content or restricts a service, Rikochi informs the customer and gives the reasons for its decision, unless the law forbids it. The customer can challenge the decision at [email protected], and Rikochi then reviews it.

Suspension and termination

The customer can cancel at any time from their client area, in a few clicks. Cancellation takes effect at the end of the current period.

Rikochi may suspend or terminate a service in the event of a serious breach by the customer, after notifying them except in an emergency (security threat, manifestly illegal content).

If Rikochi terminates a service through no fault of the customer, for example when a plan is discontinued, it gives at least 30 days' notice and refunds the unused part of the period. No refund is due if the service is terminated for a serious breach by the customer.

End of contract and data

At the end of the contract, the service's data (worlds, files, databases) is kept for 10 days after the due date to allow the customer to retrieve it, then permanently deleted.

Before deletion, Rikochi sends the customer a reminder email. During this period, the customer can download their data from their panel or via SFTP, in its original format. Copies in backups are erased as the backups rotate.

Personal data

The processing of the customer's data is described in the privacy policy. For the data the customer hosts on their services (for example the data of their website's visitors), Olywan acts as a processor, under the conditions of Article 28 of the GDPR. These terms are set out in Annex B.

Liability

Rikochi is not liable for damage caused by misuse of the service, by the customer's content, or by changes made to games by their publishers. These limits do not deprive consumers of the rights granted to them by law.

Rikochi cannot guarantee that data will never be lost; the customer must keep their own backups. The customer is liable to third parties, including their players and website visitors, for the content they publish and their use of the services.

Towards a business customer, Rikochi's liability is limited to direct damage and to the amount that customer paid in the last 12 months.

If a third party brings a claim against Rikochi because of the customer's content or a use contrary to these terms, the customer indemnifies Rikochi for the resulting costs and damages.

Force majeure

Neither party is liable for a failure due to force majeure within the meaning of Article 1218 of the French Civil Code.

The obligations concerned are suspended while the event lasts. If it lasts more than 30 days, either party may terminate by email, and the customer is refunded for the unused period.

Intellectual property

The Rikochi brand, its logo and the website belong to Olywan SAS. The customer retains all rights to their content. Games and their trademarks belong to their publishers; Rikochi is not affiliated with any of them.

Rikochi grants the customer a personal, non-exclusive right to use the Rikochi panel, theme and add-ons for the term of the contract, solely to manage their services. The customer may not copy, resell or modify them.

Customer service and complaints

For any question or complaint: [email protected] or the contact form. Rikochi gives a first reply within 24 business hours, with support open 8 am to 10 pm, 6 days a week.

Every written complaint receives a reasoned reply. It must be made before contacting the mediator (Article 21).

Exchanges with the team must stay courteous. In case of insults, threats or harassment, Rikochi may limit access to support, without affecting ongoing services.

Consumer mediation

If a dispute is not resolved, consumers may use the consumer mediator free of charge:

CM2C – Consumer Mediation Centre
49 rue de Ponthieu – 75008 Paris
Email : [email protected] – Phone: 01 89 47 00 14
Website : www.cm2c.net

Before contacting the mediator, consumers must first send Rikochi a written complaint without a satisfactory outcome.

Applicable law and jurisdiction

These terms are governed by French law. Consumers may bring a case before the court of their place of residence or of the place where the damage occurred.

For a business customer, any dispute falls under the courts of Paris, after an attempt at amicable settlement.

Changes to the terms

Rikochi may change these terms. The customer is notified by email at least 30 days before they take effect and may cancel free of charge if they refuse them.

Each version is dated. Changes apply to ongoing contracts when they take effect, unless the customer cancelled before then.

Annex: withdrawal form

Please complete and return this form only if you wish to withdraw from the contract.

Annex B: data processing agreement (GDPR, Article 28)

This agreement covers the personal data the customer places on their Rikochi services, such as their players' accounts or their website's visitors and customers. For this data, the customer is the controller and Olywan SAS acts as processor. It forms part of these terms and applies for the whole term of the contract.

1. Subject of the processing

Olywan hosts, stores and backs up the customer's data and runs the services technically. Olywan does not look at this data or use it for any other purpose.

2. Data and data subjects

The customer alone decides what data they host. It usually includes usernames, nicknames, email and IP addresses, messages and order data about their players, visitors, customers or members. The customer agrees not to host sensitive data without suitable safeguards.

3. Customer instructions

Olywan processes the data only on the customer's documented instructions: these terms and the settings the customer makes in their client area and panel. Olywan tells the customer if an instruction seems to breach the GDPR.

4. Confidentiality

Only authorised Olywan staff can access the services, and only when necessary, for example for work the customer asked for. They are bound by confidentiality.

5. Security

Olywan applies measures suited to the risk: restricted access, encrypted connections, separation between customers' services, DDoS protection and backups. The customer remains responsible for the security of what they install and configure: passwords, plugins, scripts and access rights.

6. Sub-processors

The customer authorises Olywan to use sub-processors for its infrastructure. Current list:

OVH SAS, 2 rue Kellermann, 59100 Roubaix, France: dedicated servers located in France.

Olywan imposes the same data protection obligations on them. It notifies the customer by email at least 30 days before any addition or change; the customer may object by cancelling at no cost before then.

7. Location

The data is hosted in France. Olywan does not transfer it outside the European Union.

8. Assistance to the customer

The customer handles their users' requests (access, correction, erasure) with the tools in their panel. If someone contacts Olywan directly, Olywan forwards the request to the customer. Olywan also helps the customer, as far as possible, with impact assessments and dealings with the CNIL.

9. Data breach

If Olywan finds a breach affecting the customer's data, it notifies the customer by email without undue delay and within 48 hours of becoming aware of it, with the information needed for any notification to the CNIL and to the people affected.

10. End of contract

The customer can retrieve their data for up to 10 days after the due date, from their panel or via SFTP. Olywan then deletes the data, and its backups as they rotate out, unless the law requires it to keep them.

11. Audits

Olywan makes available to the customer the information needed to show compliance with this agreement. The customer may request an audit at their own cost, with 30 days' notice and without access to other customers' data.

12. Customer obligations

The customer warrants that they are entitled to process the data they host, that they inform the people concerned and that they comply with the GDPR in their own use.