SPECIFIC CONDITIONS FOR DEDICATED SERVERS
Version date: July 2, 2021

CLAUSE 1: PURPOSE
The purpose of this document is to define the terms and conditions, including the terms of use and financial
terms, applicable to the OVHcloud Dedicated Server Bare Metal leasing service (hereafter the “Service(s)”).
They supplement the OVHcloud General Terms and Conditions of Service currently in force, which are
applicable to the Service. In the event of contradiction, these Specific Conditions take precedence over the
OVHcloud General Terms and Conditions of Service.
Terms starting with a capital letter are defined in the terms and conditions below, or otherwise in the
OVHcloud General Terms and Conditions of Service.

CLAUSE 2: DESCRIPTION OF THE SERVICE
As part of the Service, OVHcloud makes available to the Client various categories of server, of which the fees,
features and basic hardware and software configurations are described and accessible online on the
OVHcloud website. The Client also has the use by default of a public bandwidth the capacity of which varies
according to the offer and is specified on the OVHcloud website. These configurations and features may
change from time to time.
In the context of each order, before choosing and using its Dedicated Server, the Client undertakes to study
carefully each available configuration in order to select the one(s) whose features meet its needs. The
Service’s capacities may be limited as specified on the OVHcloud website.
Servers leased from OVHcloud have a public, fixed, non-transferable IPv4 address attached to them. These
addresses remain the property of OVHcloud.
Due to the highly technical nature of the Service, OVHcloud is subject to an obligation of means, with the
exception of reaching the Service levels as detailed in Clause 7, for which OVHcloud has an obligation of
result.

CLAUSE 3: ORDERING AND DELIVERY
OVH informs the Client by e-mail of the provision of its Dedicated Server. The Dedicated Server Bare Metal is
provided within a maximum period of fifteen (15) working days from the date of effective payment of the
order by the Client. Beyond this time period, in the event of the Dedicated Server Bare Metal not having been
provided by OVH, the Client is entitled to request cancellation of the transaction and a refund of the amounts
already paid.
The effective online availability of the Dedicated Server Bare Metal determines the initial date on which
billing takes effect.
In the event of a Client order that have an impact on the stability of OVHcloud’s infrastructures or on the
performance of the Services provided to other Clients of OVHcloud (such as saturation of the space available
within a Data Centre, etc.), OVHcloud reserves the right to consult the Client before delivering the Service for
the purpose of agreeing an alternative solution that suits the needs and constraints of the Parties.

Page 1 of 8

CLAUSE 4: CONDITIONS OF USE OF THE SERVICE
4.1 General matters
Before using the Service, it is the Client’s responsibility to familiarise itself with all its features, including
those described on the OVHcloud website, as well as the applicable Service Terms and Conditions, including
these terms and conditions of use, and to check that these terms and conditions of use meet its needs,
taking account in particular of its activities and its risk analysis.
Given that the network resources provided to the Client are shared, the Client undertakes not to use the
Service in a manner detrimental to OVH’s other Clients. It undertakes in particular not to use in an intensive
manner the outgoing public bandwidth of which it has the use. In such a case, OVHcloud reserves the right to
apply limitations to this bandwidth, as indicated on the OVHcloud website. The Client may, if it so wishes,
subscribe to additional bandwidth options for the purpose of having use of a guaranteed public bandwidth.
The Client has the option of itself installing software packages on its Dedicated Server Bare Metal. These
installations are carried out entirely at the Client’s own risk, and OVHcloud cannot be held responsible for
any operating fault of the Client’s Dedicated Server following the said installations or adjustments to their
settings.
The Client is the administrator of the Dedicated Server Bare Metal provided to it. In this capacity, the Client
confirms it possesses all the technical knowledge necessary to ensure correct administration of the
resources provided by OVHcloud, and to carry out the backup of data stored on the said resources. OVHcloud
does not carry out any backup of the Client’s data and Contents. It is the Client’s responsibility to carry out,
entirely at its own risk, every operation (such as backup, transfer to a third-party solution, Snapshot, etc.)
necessary to preserve its Contents taking account of the nature of the said Contents and of its risk analysis,
including in the event of interruption of the Services or in the event of maintenance operations, version
upgrade or update. In this capacity the Client is reminded that interruption of the Services, regardless of the
cause (including Contract cancellation, non-renewal, non-payment, interruption of Services by the Client,
non-compliance with the Terms and Conditions of Service currently in force, etc.), as well as some
operations to reinstall the Services operated by the Client, entail the automatic and irreversible deletion of
the whole of the Contents (including information, data, files, systems, applications, websites and other
elements) reproduced, stored, hosted, collected, transmitted, distributed, published, and more generally
used and/or exploited by the Client in the context of the Services, including their backups, if any.
OVHcloud has no control over the Contents stored and used by the Client in the context of the Service.
OVHcloud cannot be held liable, for any reason whatsoever, including in a joint capacity, for the Client’s
Contents, and for the use made of them in the context of the Service, including passing on, distribution to
internet users, collection, exploitation, updating, etc. OVHcloud can only warn the Client of the legal
consequences that may ensue from illegal activities carried out either on or from the Service.
In the context of maintenance operations, OVHcloud may have occasion to replace an item of equipment in
order to keep the Service in an operational condition. In such cases OVHcloud carries out the replacement
using an item of equipment that is identical or has equivalent features. When the equipment reference is no
longer available (obsolescence, end of production and/or market availability, etc.), and it is necessary to
replace it with an item of equipment that is more recent or that has a superior configuration, OVHcloud
cannot guarantee the substitute item’s compatibility with the Contents (including distributions, systems,
software and applications) installed by the Client in the context of the Service.
4.2 Distribution
The Dedicated Servers provided to the Client by OVH do not have any pre-installed distribution (or operating
system). It is the Client’s responsibility to acquire from a publisher, from any authorised third party or by the
intermediary of OVHcloud the necessary rights to use the selected distribution on its Dedicated Server Bare
Page 2 of 8

Metal, and to pay the related fees. In this capacity OVHcloud offers the Client several choices of distribution
on its website.
The versions of the various distributions compatible with the Service are mentioned on the OVHcloud
website, as well as on the Client Management Interface, and are likely to change, as can the list of compatible
versions provided by OVHcloud according to the Service ranges available.
The Client is solely responsible for installing the selected distribution on its Dedicated Server Bare Metal.
OVHcloud is nevertheless not responsible for the effective functioning of the said distributions, which may
among other things have errors or flaws, or result in Service malfunctions.
The Client is also responsible for carrying out maintenance operations and updating the distribution
installed on its Dedicated Server Bare Metal. The Client accepts sole responsibility for this and OVHcloud
cannot be held liable in this regard for any reason whatsoever, including as a result of operations
(maintenance, updates, etc.) carried out in violation of the relevant terms and conditions of use and/or
licence, or an operating fault of the Dedicated Server Bare Metal following operations thus carried out by the
Client.
Before carrying out updates or upgrades of the distribution installed on its Dedicated Server Bare Metal, the
Client must satisfy itself regarding compatibility of the modification or of the new version with the Service
and take the necessary measures to ensure continuity of its data.
OVHcloud reserves the right to make modifications to the Service and in particular to insist on distribution
updates or upgrades in order to maintain the security of the Service and its Infrastructures. In the event of a
development necessitating such an update or upgrade, the Client is given reasonable advance warning,
except in urgent cases such as security risks that may necessitate immediate implementation. If the
distribution update or upgrade is not carried out following OVHcloud’s requests, OVHcloud reserves the right
to interrupt the connection of the Client’s Service to the network.
OVHcloud also reserves the right to carry out any updates and/or upgrades it considers necessary in order to
maintain the security of its Infrastructures.
4.3 API applications, tools and software
The API Applications, tools and software provided by OVHcloud as part of the Service must be used in
accordance with the relevant Service Terms and Conditions, including, where applicable, Third-Party
Product Terms and Conditions communicated by OVHcloud.
The Client undertakes always to use the latest available versions of the API Applications, tools and software
provided by OVHcloud.
The Services may be used and interconnected with elements (software, systems, connected objects, etc.) not
provided by OVHcloud. The Client is responsible for acquiring all the necessary rights of use for the said
elements and pays the corresponding fees directly to the third-party beneficiaries.
4.4 Location
The available Datacenter for the provision of Dedicated Servers Bare Metal are named on the OVHcloud
website or at the time of placing the Order.
When several locations are available, the Client selects the one(s) of its choice when placing the Order.
The Client undertakes to comply with the legislation applicable to the jurisdiction in which its Dedicated
Server Bare Metal is located and its data stored.

Page 3 of 8

OVHcloud reserves the right to suspend the Client’s Service forthwith should it be used for an activity that is
prohibited at the physical location of the equipment provided by OVHcloud.
With regard to geolocated IP addresses, the Client undertakes not use the Service in contravention of the
legislation applicable in the country where the IP address is declared. In the event of a breach, OVHcloud
may be forced to suspend any geolocated address associated with the Client.

ARTICLE 5: MEASURES FOR THE PREVENTION OF SPAMMING FROM OVHcloud'S NETWORK
5.1 OVHcloud shall implement a system of technical measures intended to prevent the dispatch of fraudulent
emails and spam from its Infrastructure.
5.2 Further to Article 5.1, OVHcloud shall monitor outgoing traffic from the Service towards port 25 (SMTP
server) on the internet, which shall involve monitoring traffic by means of automatic tools.
5.3 The outgoing traffic referred to in Article 5.2 shall be monitored by OVHcloud with a delay of a few
seconds, rather than being filtered or intercepted. These operations shall be conducted by OVHcloud
concurrently and not, under any circumstances, directly between the Services and the internet.
5.4 OVHcloud reserves the right in certain circumstances to block the sending of emails.
5.5 OVHcloud shall not conduct any tagging of e-mails, and shall not modify emails sent by the Client in
anyway whatsoever. No information shall be stored by the Supplier during these operations aside from
statistical data.
5.6 The operation in Article 5.2 shall be conducted regularly and in a fully-automated manner by OVHcloud
and the Client acknowledges that no human intervention is involved during the monitoring of traffic to port
25 (SMTP port).
5.7 In the case of outgoing traffic from the Client’s server, including e-mails, being identified as spam or
fraudulent e-mails, OVHcloud shall inform the Client by e-mail and block the Server’s SMTP port.
5.8 OVHcloud shall not keep any copy of e-mails sent from the Service's SMTP port, even when they are
identified as Spam.
5.9 The Client may request unblocking of the SMTP port through their Management Interface.
5.10 Any new e-mail identified as Spam will entail a new blocking of the SMTP port by OVHcloud for a longer
period to be determined at OVHcloud’s reasonable discretion.
5.11 On the occurrence of OVHcloud blocking the SMTP port for a third time, OVHcloud reserves the right to
deny any new request for the unblocking of the SMTP port.

ARTICLE 6: MITIGATION (protection against DOS and DDoS attacks)
6.1 OVHcloud shall implement protection against DOS and DDoS-type (Distributed Denial of Service) hacking
attempts provided that these attacks are conducted in a manner reasonably considered to be serious
enough by OVHcloud to justify such protection. In implementing such protection, the OVHcloud shall use
reasonable endeavors to ensure that the operation of the Client’s Services is maintained throughout the
duration of a DOS or DDoS attack.
6.2 The function in Article 6.1 involves monitoring the traffic sent to the Client’s Services from outside the
Supplier’s network. The traffic identified as illegitimate shall then be rejected by OVHcloud prior to reaching
Page 4 of 8

the Client’s Infrastructure, thus allowing legitimate users to access the applications offered by the Client in
spite of the attack.
6.3 As a result of the high technicality of the Service, certain attacks may not be detected by the protection
measures implemented by OVHcloud. The protection measures outlined in Articles 6.1 and 6.2 shall not
apply in the case of attacks such as SQL injection, brute-force, abuse of security vulnerabilities, or attacks of
a similar nature to the latter. In such cases, the Infrastructure and the Service may be temporarily suspended
and unavailable.
6.4 Given the nature of a potential DOS or DDoS attack and their complexity, OVHcloud shall implement
different levels of traffic protection in order to preserve their Infrastructure and the Services.
6.5 The mitigation of a DOS or DDoS attack is activated only at the time of the detection of the attack by the
OVHcloud’s tools and for a non-fixed period, and deactivated only once the attack and illegitimate traffic are
no longer present. Thus until the mitigation is activated, the Service shall handle the attack directly, which
may lead to the temporary unavailability of the Service.
6.6 While mitigation is activated, OVHcloud shall not guarantee the accessibility of the Client’s applications
but it shall endeavor to limit the impact of a DOS or DDOS attack on the Client’s Services and on OVHcloud’s
Infrastructure.
6.7 If, in spite of the activation of mitigation, a DOS or DDOS attack is of such a nature as to adversely affect
the integrity of the OVHcloud’s Infrastructure or the infrastructure of the other Clients of OVHcloud,
OVHcloud shall strengthen its protection measures which may lead to the deterioration of the Client’s
Services or impact its availability for which OVHcloud shall not be liable.
6.8 Where part of the traffic generated by a DOS or DDOS attack is not detected by OVHcloud’s equipment
and reaches the Client’s Services, the effectiveness of the mitigation shall also depend on the appropriate
configuration of the Client’s Services. In this regard, the Client must ensure that it has the adequate
resources to administer the configuration of the Client’s Services properly.
6.9 The Client shall be solely responsible for ensuring it secures its Services, implementing security tools
(firewall, etc.), periodically updating their system, backing up their data and for ensuring the security of their
software (scripts, codes etc.).

CLAUSE 7: SERVICE LEVEL AGREEMENTS (SLAs)
When the Service is unavailable or is experiencing malfunctions for which OVHcloud may be held
responsible, it is the Client’s responsibility to contact the staff of OVH and to open a support ticket from its
management Interface.
OVHcloud undertakes to ensure Service levels relating to availability of the Dedicated Server Bare Metal and
to response and resolution times as detailed below. In the event of non-compliance with these SLAs, (except
in the case of the exclusions listed), the following penalties will apply, subject to the opening of an incident
ticket by the Customer from its Management Interface (except in the case of a general failure qualified by
OVHcloud):

Page 5 of 8

Service

Service Credits

Availability of the Dedicated Server Bare Metal:
- Range HG : 99,99%
- Range SCALE : 99,99%
- Range HIGHGRADE : 99,99%
- Range INFRA/ADVANCE : 99,95%
- Range RISE : 99,9%

Credit of 5% of the monthly cost of the unavailable
Dedicated Servers Bare Metal, for each one (1) hour of
unavailability begun in excess of the SLA, limited to 100%
of the said monthly cost.

Guaranteed response time*, Level 1 Incident
(Dedicated Hardware Server)

Credit of 5% of the monthly cost of the unavailable
Dedicated Server Bare Metal, for each one (1) hour of
unavailability begun in excess of the SLA, limited to 100%
of the said monthly cost.

Guaranteed resolution time**, Level 1 Incident
(Dedicated Hardware Server)

Credit of 5% of the monthly cost of the unavailable
Dedicated Server Bare Metal, for each one (1) hour of
unavailability begun in excess of the SLA, limited to 100%
of the said monthly cost.

Guaranteed response time*, Level 2 Incident
(Performance of Dedicated Server)

Credit of 5% of the monthly cost of the affected Dedicated
Server Bare Metal, for each one (1) hour of unavailability
begun in excess of the SLA, limited to 100% of the said
monthly cost.

(*) The response time is calculated with effect from creation of the support ticket. “Response” means the initial
response to the support ticket by OVHcloud technical staff and not resolution of the Incident.
(**) The resolution time is calculated with effect from the start of the response. “Resolution” means solely the
restored availability of the unavailable Dedicated Server Bare Metal or replacement of the said Dedicated Bare
Metal Server in the event of a fault, excluding restoration of data, systems and applications that were stored
and/or installed by the Client on the unavailable Dedicated Server Bare Metal.
“Level 1 Incident” is to be understood as meaning any Incident resulting in total non-availability of the
Dedicated Servers Bare Metal, such as hardware problems (Power Outage, Disk fault, etc.)
“Level 2 Incident” is to be understood as meaning any Incident resulting in substantial deterioration in the
performance of the Dedicated Servers Bare Metal such as latency problems, delayed access times,
performance problems, slowed-down applications, etc.
“Monthly availability rate” is to be understood as meaning: the total number of minutes in the month
concerned less the number of minutes of non-availability in the month in question, the total being divided by
the total number of minutes in the month in question. For the purpose of calculating compensation, nonavailability is calculated with effect from the opening of the support ticket, until resolution of the
malfunction.
“Unavailability” is to be understood as meaning the impossibility of accessing the public IPv4 address of one
or more Dedicated Servers owing to a fault or malfunction of an item of OVH equipment (network or other).
Faults and malfunctions of OVHcloud equipment that do not prevent access to the Dedicated Servers Bare
Metal are not considered as non-availability.
The above Service Level Agreements are undertaken subject to the exclusions set out above, and on
condition that the Client cooperates with OVHcloud to restore the Service in the event of non-availability.
When declaring the Incident and creating the ticket, the Client gives OVHcloud all the relevant information
needed for OVHcloud’s diagnosis and response. The Client undertakes to remain available at all times for the
purpose of cooperating with OVHcloud immediately upon request, including supplying it with any additional

Page 6 of 8

information, and carrying out all necessary tests and checks. If necessary, the Client gives OVHcloud access
to its Management Interface.
It is expressly agreed that the service credits set out above constitute, for the Client, an all-inclusive payment
for all loss or damage resulting from OVHcloud’s failure to meet the service agreements in question; and as
such the Client waives any right to any other request, complaint or action.
If a single event results in failure to fulfil more than one of the Service Level Agreements described above,
multiple compensation payments will not apply. In such a case, the service credit most favourable to the
Client will apply. In the same way, the total amount of service credits made during a single month, for all
events combined, cannot exceed 50% of the total monthly cost of the affected Service.
Service credits are issued if and when customer has paid all its overdue invoices, and are deducted from the
invoice for the month following receipt by OVHcloud of the Client's claim provided that all previous and
overdue invoices have been paid by the Client..
The Client cannot in any circumstances rely on this Clause to claim the services credits set out above in the
event of non-availability resulting wholly or in part from (i) events or factors beyond the control of OVHcloud
such as but not limited to instances of force majeure, act of a third party, malfunction or misuse of
equipment or software within the Client’s control, (ii) the Client’s failure to fulfil its obligations as set out in
this Contract (including lack of cooperation to resolve the Incident), (iii) misuse or inappropriate use of the
Service by the Client (including incorrect or inappropriate network configuration), (iv) planned maintenance,
(v) suspension occurring within the terms and conditions set out in the General Terms and Conditions of
Service or (vi) hacking or software piracy. In such cases, and subject to point (iv), OVHcloud reserves the right
to invoice the Client for any support provided to restore availability. A quotation for this support will be
submitted to the Client for authorisation.
The causes of unavailability, including instances of the exclusions defined above, are established by
OVHcloud by whatever means it sees fit, including on the basis of elements of OVHcloud’s information
system (such as connection data) which, by express agreement, will be admissible.

CLAUSE 8: SERVICE FEE, DURATION, RENEWAL AND CANCELLATION
The fee varies according to the range of server and the lease period (the “Initial Period”) selected by the
Client when placing the Order. Only the fee shown on the order form issued by OVHcloud corresponds to the
total amount payable by the Client.
At the time the Order is placed, as well as each time the Service is renewed, an invoice is issued and is settled
by automatic payment via the means of payment registered by the Client. The Client undertakes to register a
valid means of payment on its OVHcloud Client Account from among the available means of payment.
It is the Client’s responsibility to determine precisely which offer best meets its needs, and the offer cannot
subsequently be altered during the term of performance of the Contract.
The Initial Period starts on the day the Dedicated Server Bare Metal is effectively provided. At the end of the
Initial Period, the lease period renews automatically for successive periods of the same duration (the
“Renewal Period(s)”), under the same contractual and pricing conditions as the previous period, except
where the duration of the Renewal Period is altered or the Service is cancelled in accordance with the above
terms and conditions or the General Terms and Conditions of Service in force at that time.
The Client can alter the duration of future Renewal Periods of its Services via its Management Interface, at
least 24 hours before the end of the Initial Period or the current Renewal Period.

Page 7 of 8

When the Initial Period does not start on the first day of a calendar month (mid-month start), the Service
renewal cycle is realigned with a calendar cycle upon the first renewal so that subsequent Renewal Periods
start on the first day of a calendar month. (For example: The automatic renewal at the end of the Initial
Period of a Service initially subscribed to for one (1) year on 24 May 2020 entails the extension of the said
service for the period from 24 May 2021 to 31 May 2021).
In the event of deactivation of the automatic payment under the above terms and conditions, the Service
concerned is automatically cancelled and withdrawn at the end of the Initial Period or current Renewal
Period (“Expiry Date”). All the Contents and data stored by the Client while using the Service are deleted
within a maximum period of seven (7) days starting from the Expiry Date of the said Service. The same
applies whether cancellation is immediate or made in advance. It is the Client’s responsibility to take all
necessary measures to ensure the preservation of the said Contents and data before cancellation of the
Service.
The Client nevertheless still has the opportunity to renew the Service concerned by reactivating the
automatic payment function up to 24 hours before its Expiry Date, or by paying in advance for the next
Renewal Period.
Both the duration and terms and conditions of renewal and cancellation of some options and functions that
can be combined with the Service may differ from those applicable to the Service. It is the Client’s
responsibility to take note of these.

Page 8 of 8