Legal

TERMS OF USE

SARL ALNOTRA - Algerian Sovereign Cloud

Version 1.0 - January 2025

English translation of the French original.

ARTICLE 1 - DEFINITIONS AND PURPOSE

1.1 Identification of the provider

These Terms of Use (hereinafter the “Terms”) are entered into between:

SARL ALNOTRA, a limited liability company (société à responsabilité limitée) governed by Algerian law

  • Share capital: DZD 2,000,000
  • Trade Register number: 16/00 - 1283240 B 25
  • Registered office: Algeria
  • Email: contact@alnotra.com

Hereinafter referred to as “ALNOTRA” or “the Provider”

And any natural or legal person subscribing to the services offered by ALNOTRA, hereinafter referred to as “the Customer” or “the User”.

1.2 Definitions

“Services”: Means all cloud hosting services, virtual private servers (VPS), dedicated servers (Bare Metal), shared web hosting, domain names, anti-DDoS solutions and any other digital service offered by ALNOTRA.

“Infrastructure”: Means all hardware and software equipment operated by ALNOTRA to provide the Services.

“Data”: Means all information, files, databases and content stored by the Customer on ALNOTRA's Infrastructure.

“Personal data”: Within the meaning of Law No. 18-07, any information relating to an identified or identifiable natural person.

“Customer Account”: Secure personal space allowing the Customer to access their Services and manage their subscription.

1.3 Purpose

The purpose of these Terms is to define the conditions under which ALNOTRA provides its Services to the Customer, as well as the respective rights and obligations of the parties. Use of the Services implies full and complete acceptance of these Terms.

ARTICLE 2 - LEGAL AND REGULATORY FRAMEWORK

2.1 Applicable legislation

The Services provided by ALNOTRA are subject to Algerian legislation, in particular:

  • Law No. 18-07 of 10 June 2018 on the protection of natural persons in the processing of personal data
  • Law No. 18-04 of 10 May 2018 laying down the general rules on postal services and electronic communications
  • Law No. 18-05 of 10 May 2018 on electronic commerce
  • The Algerian Civil Code
  • The Algerian Commercial Code
  • The Algerian Penal Code, in particular the provisions on cybercrime

2.2 Protection of personal data (Law 18-07)

In accordance with Law No. 18-07 and the requirements of the National Authority for the Protection of Personal Data (ANPDP), ALNOTRA undertakes to:

  • Collect only the data necessary to provide the Services
  • Inform the Customer of the purpose for which their data is processed
  • Guarantee the security and confidentiality of the data
  • Not transfer personal data abroad without authorisation from the ANPDP
  • Host the data on servers located on Algerian territory
  • Respect the data subjects' rights of access, rectification and objection

2.3 Data sovereignty

ALNOTRA guarantees that all data of Algerian Customers is stored and processed exclusively on infrastructure located in Algeria, in accordance with the principle of digital sovereignty and the provisions of Law No. 18-07. No data is transferred abroad without the Customer's explicit consent and the prior authorisation of the ANPDP.

ARTICLE 3 - SERVICES OFFERED

3.1 Description of the services

ALNOTRA offers the following services:

a) Shared Web Hosting: Shared hosting space for websites with a domain name, SSL certificate, mailboxes and databases.

b) Virtual Private Servers (VPS): Dedicated virtual machines with guaranteed resources (CPU, RAM, storage) and full root access.

c) Dedicated Servers (Bare Metal): Physical servers entirely dedicated to the Customer, with a custom configuration.

d) Domain Names: Registration and management of domain names (.dz and international extensions).

e) Anti-DDoS Protection: Solutions protecting against distributed denial-of-service attacks.

f) Cloud Services: On-demand cloud infrastructure (IaaS), platform (PaaS) and software (SaaS) solutions.

3.2 Service level (SLA)

ALNOTRA commits to the following service levels:

  • Infrastructure availability: 99.9% (excluding scheduled maintenance)
  • Technical support response time: 4 business hours maximum
  • Emergency intervention: 1 hour for critical incidents
  • Advance notice of maintenance: 48 hours minimum

ARTICLE 4 - REGISTRATION AND USE CONDITIONS

4.1 Eligibility

The Services may be subscribed to by any natural person of full age (18 years or older) or any legally constituted legal entity. The Customer guarantees the accuracy of the information provided at registration and undertakes to keep it up to date.

4.2 Account creation

Subscribing to the Services requires the creation of a Customer Account. The Customer is responsible for the confidentiality of their login credentials and for all activities carried out from their account. If fraudulent use is suspected, the Customer must inform ALNOTRA immediately.

4.3 Prohibited uses

It is strictly forbidden to use the Services for:

  • Any activity that is illegal under Algerian legislation
  • Hosting content that undermines public order or public morals
  • Distributing hateful, defamatory or discriminatory content
  • Sending spam or unsolicited communications
  • Computer attacks (hacking, DDoS, phishing, etc.)
  • Hosting content that infringes intellectual property rights
  • Cryptocurrency mining without prior authorisation
  • Any activity likely to harm the Infrastructure or other Customers

ARTICLE 5 - PRICING AND PAYMENT

5.1 Prices

The prices of the Services are stated in Algerian Dinars (DZD), all taxes included. ALNOTRA reserves the right to change its prices at any time, the new prices applying to new subscriptions and to renewals.

5.2 Payment terms

Payment is made by the following methods:

  • Payment by CIB/EDAHABIA bank card (via the SATIM platform)
  • Bank transfer
  • Cash payment (at the registered office)

Payment is due upon order for new subscriptions and on the anniversary date for renewals.

5.3 Non-payment

In the event of non-payment by the due date, ALNOTRA will send the Customer a formal notice by email. If the situation is not regularised within seven (7) days, the Services may be suspended. After thirty (30) days, the data may be permanently deleted.

ARTICLE 6 - LIABILITY

6.1 ALNOTRA's liability

ALNOTRA undertakes to provide the Services with diligence and in accordance with professional standards. Its liability is limited to direct and foreseeable damage resulting from a proven breach of its obligations. Under no circumstances may ALNOTRA be held liable for indirect damage such as loss of data, loss of revenue, loss of customers or damage to reputation.

ALNOTRA's financial liability is capped at the amount paid by the Customer during the twelve (12) months preceding the event giving rise to the damage.

6.2 Customer's liability

The Customer is solely responsible for:

  • The use they make of the Services
  • The content they host on the Infrastructure
  • Regularly backing up their Data
  • Securing their access and credentials
  • Complying with the legislation applicable to their activity

6.3 Force majeure

Neither party may be held liable for any delay or failure to perform resulting from a case of force majeure within the meaning of Article 127 of the Algerian Civil Code, in particular: natural disasters, wars, acts of terrorism, strikes, widespread telecommunications network outages, government decisions.

ARTICLE 7 - INTELLECTUAL PROPERTY

Each party retains all of its intellectual property rights. The Customer remains the owner of their Data and content. ALNOTRA retains all rights to its Infrastructure, software, trademarks and documentation.

The Customer indemnifies ALNOTRA against any third-party claim relating to the content they host and undertakes to compensate ALNOTRA for all damages, costs and attorneys' fees resulting from an infringement of third-party intellectual property rights.

ARTICLE 8 - CONFIDENTIALITY AND SECURITY

8.1 Confidentiality

Each party undertakes to keep strictly confidential all technical, commercial or financial information exchanged under the contract. This confidentiality obligation will survive the end of the contract for a period of five (5) years.

8.2 Security measures

ALNOTRA implements appropriate security measures to protect the Infrastructure and the Customers' Data, in particular:

  • Encryption of data in transit and at rest
  • Firewalls and intrusion detection systems
  • Physical and logical access control to the datacenters
  • Regular backups of the Infrastructure
  • Monitoring 24 hours a day, 7 days a week

ARTICLE 9 - TERM AND TERMINATION

9.1 Term

The Services are subscribed for the term chosen by the Customer (monthly, annual or multi-year). Unless terminated by either party with thirty (30) days' notice before the due date, the Services are automatically renewed for an identical period.

9.2 Termination for breach

In the event of a serious breach by either party of its obligations, the other party may terminate the contract automatically fifteen (15) days after a formal notice that has remained without effect. ALNOTRA may terminate immediately and without notice in the event of unlawful use of the Services or of an attack on the security of the Infrastructure.

9.3 Consequences of the end of the contract

At the end of the contract, the Customer has fifteen (15) days to retrieve their Data. After this period, ALNOTRA will permanently delete the Data, without incurring any liability.

ARTICLE 10 - GENERAL PROVISIONS

10.1 Changes to the Terms

ALNOTRA reserves the right to change these Terms at any time. Changes will be notified to the Customer by email and will take effect thirty (30) days after notification. A Customer who does not accept the new Terms may terminate their contract before they take effect.

10.2 Entire agreement

These Terms constitute the entire agreement between the parties and supersede any prior agreement, written or oral, on the same subject.

10.3 Severability

If any provision of these Terms is declared null or unenforceable, the other provisions will remain in full force and effect.

10.4 Governing law and jurisdiction

These Terms are governed by Algerian law. In the event of a dispute, the parties will endeavour to find an amicable solution. Failing that, the competent courts of Algiers will have sole jurisdiction over the dispute.

ARTICLE 11 - CONTACT

For any question about these Terms or the Services, the Customer may contact ALNOTRA: