General Terms and Conditions

Provider: CloudCan GmbH, Bern, Switzerland (hereinafter "CloudCan")

Client: the legal entity or natural person acting in a professional capacity who has placed an order with CloudCan (hereinafter "the Client")

These General Terms and Conditions (hereinafter "GTC") govern all services provided by CloudCan, including:

• the sale of turnkey private cloud servers (hereinafter "Box");
• the "Try Before You Buy" trial programme (hereinafter "TBYB");
• support and maintenance subscriptions.

Any order implies full and complete acceptance of these GTC.

3.1. CloudCan Box

Turnkey private cloud server based on the Minisforum MS-01 platform (Intel Core Ultra 9 285HX processor), equipped with Apache CloudStack software and the KVM hypervisor, configured and deployed by CloudCan.

The CloudCan Box has free expansion slots (RAM and NVMe). The CloudCan Box Max is delivered in maximum configuration.

3.2. Multi-box configurations

SFP+ modules for interconnection are not included and are available as an option.

3.3. Delivery contents

Each Box includes:

• pre-configured server hardware;
• initial remote configuration by CloudCan;
• CloudStack platform commissioning;
• included support subscription (see art. 8).

4.1. Description

The TBYB programme provides access to a private cloud instance hosted by CloudCan for 30 calendar days, allowing the Client to test the platform under real conditions.

4.2. Registration and payment

The Client registers via the online form at cloudcan.ch/tbyb and proceeds with payment of 500 CHF incl. VAT. Payment validates the registration. No additional manual validation is required.

The amount of 500 CHF incl. VAT constitutes the programme access fee. It is neither a deposit nor a down payment.

By proceeding with payment, the Client expressly consents to the immediate execution of the service and acknowledges that instance provisioning begins upon payment confirmation.

4.3. Included services

The programme includes:

• full access to the CloudStack management portal;
• creation and management of virtual machines;
• access to network and storage features;
• a test environment representative of the CloudCan Box.

4.4. Duration

The programme duration is 30 calendar days from the provision of the instance (within 24 to 48 business hours after payment). An extension may be considered on a case-by-case basis, without obligation on CloudCan's part.

4.5. Conversion

If the Client orders a Box within 14 days of the end of the programme, the 500 CHF amount is fully deducted from the Box price. The deduction applies once only and cannot be split, deferred, or transferred.

In case of order, CloudCan transfers the trial instance configuration (VMs, networks, settings) to the Client's Box. This transfer is included in the Box price.

4.6. End without conversion

Upon expiration of the 14-day period after the programme ends, the instance is deactivated then deleted. CloudCan retains no Client data after deletion. The Client is responsible for backing up their data before the end of the programme.

The 500 CHF amount remains acquired by CloudCan for hosting and provisioning costs. No refund is due.

4.7. Availability

The programme is not covered by any service level agreement (SLA). The instance is a test environment and must not be used for production workloads. CloudCan reserves the right to suspend or terminate access in case of abusive use (cryptocurrency mining, illegal activities, intentional overloading).

4.8. Hosting

Trial instance data is hosted in Europe.

5.1. Ordering

Orders are placed online at cloudcan.ch or by written exchange (contact form). Any order is firm and final upon confirmation by CloudCan.

5.2. Payment

The full amount is due at the time of order. No delivery is made before full payment is received. Payment terms are specified at the time of order.

5.3. No right of withdrawal

Under Swiss law, no legal right of withdrawal applies to contracts concluded online (art. 40a ff. CO only cover door-to-door sales and unsolicited telephone solicitations).

In case of technical impossibility to deliver the service or hardware within the announced timeframe, CloudCan reserves the right to grant, at its sole discretion, a partial or full refund.

6.1. Timeframes

The standard delivery time is 15 business days from receipt of payment. This timeframe is indicative and non-contractual. CloudCan informs the Client of any significant delay.

6.2. Commissioning

Commissioning comprises two steps:

• Physical installation by the Client: the Client receives the Box and proceeds with the connection (power supply and network connection). An installation guide is provided with delivery.
• Remote configuration by CloudCan: once the Box is connected to power and network, CloudCan proceeds with the initial CloudStack platform configuration and verification, via remote access. This remote intervention is performed if necessary and is not systematic.

The Client provides the necessary environment: power supply, network connection, ventilated space.

6.3. Acceptance

Upon completion of commissioning (remote configuration completed and system operational), CloudCan and the Client perform a joint verification. The absence of written reservations within 5 business days following commissioning constitutes tacit acceptance. This period runs from CloudCan's notification to the Client that commissioning is complete, not from the physical delivery of the Box.

7.1. Delivery and installation of CloudCan Boxes are reserved exclusively for Swiss territory. CloudCan does not deliver internationally.

7.2. The TBYB programme (art. 4) is accessible without geographical restriction. In case of conversion (ordering a Box at the end of the programme), Box delivery remains subject to art. 7.1.

8.1. Included support

• The CloudCan Box includes 12 months of Essential subscription.
• The CloudCan Box Max includes 12 months of Comfort subscription.

8.2. Support plans

Response times are acknowledgement commitments (first response), not resolution commitments.

8.3. Support levels

8.4. Renewal

At the end of the included period, the subscription is tacitly renewed at the current rate, with a cancellation notice of 30 days before the monthly due date.

8.5. No SLA

No service level agreement (SLA) with penalties is offered. Support is provided on a best-effort basis.

9.1. Duration

The hardware benefits from a 2-year warranty from the date of delivery, as a pass-through from the manufacturer. CloudCan handles intermediation for any return or replacement procedure (RMA).

9.2. Coverage

Covered: spontaneous hardware failure, manufacturing defect, defective component.

Not covered (chargeable intervention per art. 10): physical damage (impact, liquid), unauthorised hardware modification, software mishandling, out-of-specification environment (temperature > 35 °C, excessive humidity).

9.3. Prerequisites

To benefit from the warranty, the Client undertakes to:

• maintain the server in an environment with an ambient temperature below 35 °C;
• not carry out any hardware modification without prior written agreement from CloudCan;
• not install third-party software outside the CloudStack platform without prior agreement.

The use of an uninterruptible power supply (UPS) is recommended but is not a warranty condition.

9.4. Modifications and upgrades

Any hardware modification (addition of RAM, NVMe, etc.) must be carried out by CloudCan or validated in writing by CloudCan. Upgrades are charged at the cost of components, plus 150 CHF for labour. Shipping costs (sending components or Box round-trip) are borne by the Client and invoiced separately.

9.5. Spare hardware (Serenity plan)

In case of failure, a pre-configured barebone server is loaned to the Client within 48 hours. The Client installs their NVMe drives to resume operations. This service is reserved exclusively for Serenity plan clients.

11.1. CloudCan undertakes to provide its services with diligence and professionalism. Its liability is limited to direct and provable damages caused by a proven fault of CloudCan.

11.2. CloudCan shall not be held liable for indirect damages, data loss, loss of revenue, loss of business, or business interruptions.

11.3. CloudCan's total liability is limited to the amount actually paid by the Client during the 12 months preceding the event giving rise to the damage.

11.4. The Client is solely responsible for backing up their data and implementing business continuity plans appropriate to their operations.

12.1. CloudCan collects the following data: company name, contact name, professional email address.

12.2. This data is used exclusively for service provision and commercial communication related to CloudCan.

12.3. CloudCan does not transfer or sell Client data to third parties.

12.4. Box: Client data resides exclusively on the server installed at the Client's premises. CloudCan accesses it only within the scope of support interventions, with the Client's agreement.

12.5. TBYB: trial instance data is hosted in Europe (see art. 4.8).

12.6. The Client may request deletion of their personal data at any time via the contact form on cloudcan.ch.

13.1. Support subscription termination

The Client may terminate their support subscription with 30 days' notice before the monthly due date. After termination, the Client retains their server and the CloudStack software (open source). No support is then provided by CloudCan.

13.2. Support resumption

A Client who has terminated their subscription may request support resumption. A diagnostic and compliance restoration intervention will be charged at the rate of 150 CHF/h.

13.3. Hardware return

The Client remains the owner of the hardware after purchase. In case of end of collaboration, no return is required. If the Client wishes to return the hardware, a buyback may be considered on a case-by-case basis by CloudCan, without obligation.

14.1. The Apache CloudStack software is distributed under the Apache 2.0 licence (open source). The Client benefits from the rights provided by this licence.

14.2. The configurations, scripts, and automations developed by CloudCan as part of the commissioning are delivered with the server and become the Client's property. The Client is free to use, modify, and adapt them without restriction. CloudCan retains the right to reuse the general methods, techniques, and know-how acquired in the course of its services (without disclosing the Client's specific data).

15.1. CloudCan GmbH is subject to Swiss VAT. All prices stated in these GTC and on the cloudcan.ch website are inclusive of all taxes (incl. VAT), including Swiss VAT at 8.1%.

15.2. Indicative breakdown:

15.3. CloudCan GmbH's VAT number appears on issued invoices.

Neither party shall be held liable for a failure to fulfil its obligations resulting from a case of force majeure (natural disaster, pandemic, component shortage, government decision, etc.). The affected party shall inform the other without undue delay.

CloudCan reserves the right to amend these GTC. Amendments take effect 30 days after notification to the Client. Orders in progress remain subject to the GTC accepted at the time of the order.

18.1. These GTC are governed exclusively by Swiss law.

18.2. The exclusive place of jurisdiction is Bern, Switzerland.

CloudCan GmbH
Bern, Switzerland
Website: cloudcan.ch
Contact: via the form at cloudcan.ch/contact