General Terms of Service

Preamble

This document defines the CINES General Terms of Service in force as of 01 January 2013 and applicable to all equipment installed in the centre and available to a community of users represented by an incorporated entity, and known as the BENEFICIARY in the rest of this document.

There are two types of equipment located at CINES premises:

  1. EQUIPMENT BELONGING TO CINES: These are platforms made available by CINES to the BENEFICIARY to host its applications (programs and data). CINES is fully responsible for the administration of these platforms.
  2. HOSTED EQUIPMENT: These are platforms supplied by the BENEFICIARY and hosted by CINES, on which the BENEFICIARY installs its applications. The BENEFICIARY is responsible for the administration of these platforms in accordance with the rules in force in CINES and the specific agreement. All HOSTED EQUIPMENT is subject of a specific hosting agreement between the Parties.

The General Service Conditions apply to the community of users represented by the BENEFICIARY and are:

–    Contractual for the current year,

–    Revisable annually.

In case the Parties agree on specific Service Conditions those will prevail over these General Conditions in case of contradiction.

1.          .Equipment

  • EQUIPMENT belonging to CINES

CINES, in accordance with accepted practice, is responsible for the administration and operation of this computer equipment.

CINES makes available to BENEFICIARY a set of hardware, software and application resources together with the appropriate system environments. If it is not possible to achieve the correct operation of the applications of the BENEFICIARY using these resources, CINES grants to the BENEFICIARY the possibility to install such elements as may be necessary on its dedicated environment, provided that these elements don’t represent any potential risk for the relevant equipment. If these elements are of general interest, CINES may consider installing these for all its BENEFICIARIES.

The BENEFICIARY agrees to supply every year, at the latest 3 months prior to the anniversary date of the signing of the agreement, its estimated load levels (processor use, disk space, etc.), as well as descriptions of the software resources it wishes to use.

CINES commits to assess all requests from the BENEFICIARY during the course of the year within its capabilities to propose an suitable solution

  • HOSTED EQUIPMENT

CINES keeps the hosted equipment in its secure machine rooms. The conditions applicable to such equipment and the responsibilities of CINES will be defined by the agreement between CINES and the BENEFICIARY, the General Hosting Conditions and these General Service Conditions as applicable.

1.1.       Hardware

When adaptations or additions to the equipment (CINES EQUIPMENT or HOSTED EQUIPMENT) are requested by a BENEFICIARY, a joint feasibility study will have to be carried out together with CINES. In case of positive result these adaptations will be formalised in a contractual document if agreed by the Parties

In the case of HOSTED EQUIPMENT, it is the responsibility of the BENEFICIARY to make the adaptations at its cost, ensuring that those are compatible with any necessary adaptations of the environments and infrastructures of CINES used by this equipment.

1.2.       Software and applications

CINES ensures the installation, administration, operation and upgrading of the shared software and applications on CINES EQUIPMENT. CINES will have in place all necessary maintenance contracts to ensure the secure operation of its own environments except under specific conditions agreed with the BENEFICIARY. CINES disposes of all the necessary licenses for its platforms as required for the use of the software and applications by the BENEFICIARY provided that the latter belongs to the academic sector. If not, it is the responsibility of the BENEFICIARY to obtain the necessary licenses from the software owners. CINES disclaims any warranty for the products or versions that are no longer maintained by the suppliers of the software.

In return, the BENEFICIARY agrees to participate if necessary and upon request of CINES, in the customising of software and applications for their use in its applications and in the upgrade of this customisation.

CINES does not manage the software on the HOSTED EQUIPMENT.

1.3.       System environment

CINES is responsible, in accordance with accepted practice, for the commissioning, maintenance, administration and operation of the system environments required for the correct operation of the applications of the BENEFICIARY on the CINES EQUIPMENT.

CINES does not manage the system environments on the HOSTED EQUIPMENT.

2.          Networks

CINES hosts the Languedoc-Roussillon DNN (distributed network node) for RENATER and the RDP (Regional Distribution Point) for R3LR (Réseau Régional de la Recherche du Languedoc Roussillon, Languedoc Roussillon Regional Research Network), as well as the HDMON distribution node. The Centre is connected to the DNN, RDP and HDMON. Except where other conditions apply, CINES offers to the equipment installed on the site, access to the DNN and access to the regional network. It enables IP protocol access via RENATER or R3LR. Such access is subject to the rules governing RENATER.

3.          General operating conditions

3.1.       Opening hours of the buildings

The CINES buildings are open to “authorised persons”, with access control, from Monday to Friday 08:30 to 12:30 and 13:30 to 17:30 (17:00 on Friday).

3.2.       System availability

Under normal functioning conditions the CINES EQUIPMENT is available 24/7, with the exception of scheduled maintenance shutdowns for the machines and systems, any hardware or software failures and any occurrences outside its control (electricity outage, natural catastrophe, strike, etc.). The BENEFICIARY is notified of the dates for scheduled shutdowns in advance.

Between Monday and Friday the operation targets to be achieved by CINES on this equipment are:

  • A maximum of two stoppages a month;
  • Total downtime per month of less than or equal to 8 hours.

3.2.1.   Supervised mode

CINES operates in supervised mode:

  • From Monday to Thursday, between 07:00 and 18:00;
  • On Friday between 07:00 and 17:00.

3.2.2.   Automatic mode

CINES operates in so-called “automatic” mode outside the above time slots, i.e.:

  • Every day between 18:00 and 07:00;
  • On Friday to Monday between 17:00 and 07:00;
  • On public holidays;
  • During exceptional closures (the list for the year is available on the CINES website: cines.fr).

Security staff provides the on-site surveillance of the premises and of the equipment during these periods. There is an warning reporting system.

An on-call system ensures the intervention of a competent person is available on-site within 40 minutes if the need arises following a malfunction in any of the strategic equipment at CINES. Incidents due to application type software are not covered by this early intervention system.

3.3.       Service stoppages

3.3.1.   System closedowns

As a general rule closedowns needed for system maintenance and application update purposes are scheduled in advance and they are notified to the BENEFICIARY 12 hours ahead of the planned closedown, lasting as short as possible.

3.3.2.   Network closedown

Unless imposed by the operators, CINES schedules its network closedowns and gives notice to the BENEFICIARY 12 hours ahead of the planned closedown, lasting as short as possible.

3.3.3.   Technical service interruptions

CINES reserves the right to carry out short technical service stoppages (work on electricity supplies, air conditioning, etc.).

Stoppages involving longer interruptions may be scheduled. CINES will do its best effort to implement them during the the time period between Saturday 12:00 and Monday 08:00. The BENEFICIARY will be given 15 days prior notice of such stoppage. In case of need, the interruption may start as of Friday 18:00.

3.3.4.   Maintenance of electrical facilities

There is a scheduled a regulatory annual shutdown for the electrical installations. This will last for at least one day and will generally start on a Saturday. This intervention is announced one month in advance.

CINES reserves the right to schedule if necessary any other general shutdown of the electricity supply of the centre.

4.          Applications and services

The BENEFICIARY must appoint a contact person who can be contacted by CINES and who has the power to make all decisions within his/her area of responsibility.

4.1.       Installation of an application in production mode

For all applications put into production, an Operations Sheet is opened, jointly validated by the BENEFICIARY and CINES. Without this document, CINES will not accept any responsibility for the supervision of the application in question.

Any application put into production upon request of the BENEFICIARY is deemed to have been approved and tested under operational conditions such as defined in the Operations Sheet.

4.2.       Operation

CINES EQUIPMENT

CINES hosts the applications and data of the BENEFICIARY, and supervises these on CINES EQUIPMENT. CINES implements the necessary resources making it possible to check that the applications are active, based on the information supplied by the BENEFICIARY.

The starting and stopping of applications can be carried out by CINES in accordance with the procedures as described in the Operation Sheets drawn up under the responsibility of the BENEFICIARY.

, CINES can , following its own emergency closedown procedures, terminate the running of an application if there is a clear malfunction which endangers the quality of other services of CINES CINES restarts the application following the defined procedures unless it deems that the danger of interference remains. The BENEFICIARY is immediately notified of any emergency shutdown procedure involving one of its applications.

The BENEFICIARY agrees to correct the malfunctions of the application in question as a priority.

HOSTED EQUIPMENT

The extent of the services provided by CINES is defined in the specific hosting agreement signed by the Parties. The details of the supervision and the actions for which CINES is responsible with regard to the hosted equipment are described in the Operations Sheets supplied by the BENEFICIARY.

4.3.       Tests and developments

The BENEFICIARY agrees to define jointly with CINES the conditions (resources, schedules, times, etc.) under which the tests and validations of its applications will be performed.

5.          User administration

CINES manages the authorisations to access the CINES EQUIPMENT for users identified on a list, reviewable at any time, that is submitted by the BENEFICIARY. It manages the login database for the users and the levels of authorisation as defined by the BENEFICIARY.

The BENEFICIARY agrees to comply with the rules governing the correct use of network and computer systems as specified in the CINES Computer Resources User Charter.

6.          Support

6.1.       Support for users

CINES does not provide support for users or any training on the use of the BENEFICIARY’s applications. It is the responsibility of the BENEFICIARY to set up its own support and assistance systems.

6.2.       Technical assistance

CINES provides support to the BENEFICIARY for the implementation of its applications on the hardware and software and system environments of CINES. During the installation of the applications by the BENEFICIARY, CINES supplies all the elements necessary within its expertise. Any adaptation of an application owned by the BENEFICIARY for the CINES environment  is the responsibility of the BENEFICIARY.

CINES provides the BENEFICIARY with all information it has concerning upgrades to the operating environment of the CINES EQUIPMENT hosting the BENEFICIARY’s applications.

The BENEFICIARY is responsible for the training on the use of the operated software and applications, and before the relevant training bodies, of the people in charge of the applications installed on CINES EQUIPMENT.

6.3.       Support for the BENEFICIARY

The Computer and Infrastructure Services Department (“Département desServices Informatiques et Infrastructures” (DS2I) () at CINES is the contact point for the BENEFICIARY.

During the “supervised mode” operating periods it provides a hotline (04 6714 1499), fax (04 6714 1472), and email (svp@cines.fr) service. It logs all incidents reported by users and takes all appropriate measures.

CINES keeps the BENEFICIARY informed of any unscheduled service interruptions.

CINES will, within the limit of its know-how, inform the BENEFICIARY about all practical conditions for the use of the resources made available to the latter, answer technical questions, offer advice and ensure that the working conditions on the machines are satisfactory.

7.          Data management

7.1.       Disk space

Disk space on the CINES EQUIPMENT is managed in accordance with the current state of the art.

CINES disclaims any liability for the deterioration of any data or programs caused by a user authorised by the BENEFICIARY to get an access level allowing him to do so.

“Operating backups” are performed as outlined in Table 1: Backups performed by CINES“. These backups are physical images of the disk space accessible to the users and do not guarantee the logical coherence of the data.

It’s up to the BENEFICIARY to perform as its convenience its own “application” backups. The automation and performance of these procedures at CINES can be subject to special conditions.

7.2.       Backup/Recovery

For all CINES EQUIPMENT, CINES provides a file backup service. This service is also available for HOSTED EQUIPMENT on request, subject to feasibility. The recovery of the data is the responsibility of CINES in the event of an incident involving a device, for instance a disk error. Such recovery is currently performed by the Computer and Infrastructure Services Department (“Département des Services Informatiques et Infrastructures” (DS2I). The recovery retrieves the data from the latest backed up version.

CINES does not perform “application type” recoveries and these are the responsibility of the BENEFICIARY.

7.3.       Storage of magnetic media

CINES does not provide the BENEFICIARY with a storage service for magnetic media

7.4.       Magnetic media Input/Output

CINES does not provide an input/output service for magnetic media.

7.5.       Long-term archiving

A long-term data archiving service is available, notably for legacy data. The service is subject to a specific agreement signed by the BENEFICIARY and CINES.

8.          Security

CINES will implement all necessary measures at its disposal to ensure the protection of the integrity of applications and data. It ensures the security of the access to the environments it manages.

CINES complies with current state of the art in terms of computer system security and data confidentiality. It applies the relevant recommendations of national (CERT RENATER, CRU) and international bodies.

The BENEFICIARY agrees to comply with the recommendations issued by CERT RENATER and to implement all necessary security measures.

CINES is not liable for the security of the HOSTED EQUIPMENT.

9.          Data confidentiality

It is the responsibility of the BENEFICIARY to make all legal provisions it deems necessary to protect its data.

CINES cannot be held liable for information distributed by the BENEFICIARY.

CINES cannot under any circumstances use the data and the information of the BENEFICIARY for its own purposes or for the benefit of any third party, unless agreed in advance by the BENEFICIARY.

CINES agrees to consider as “confidential information” all data transmitted by the BENEFICIARY, as well as the results of any computer processing of this data and the information on the use of resources.

CINES commits not to disclose this information directly or indirectly to any third party not expressly designated by the BENEFICIARY and to ensure the compliance with this obligation of confidentiality by all its members of staff.

The obligation of confidentiality will remain in force for as long as the BENEFICIARY has not itself disclosed this information to third parties.

10.      Upgrades

10.1.    Upgrades to “BENEFICIARY” applications

The BENEFICIARY agrees to supply an annual forecast of its requirements as well as an upgrade schedule for its applications.

Any request from the BENEFICIARY to CINES for the loading of any new application or for any significant upgrade to its existing products must be subject to a prior technical analysis with the teams of CINES in order to assess the feasibility and the impact on the environments. CINES will then notify the BENEFICIARY of its decision.

The BENEFICIARY accepts to be responsible for adapting its applications to any new versions of the software and systems running them, and to do this six months prior to the end of the support for the existing version by its editor.

10.2.    Upgrades to the operating environment

10.2.1.SOFTWARE AND APPLICATIONS

CINES upgrades the versions of software and applications installed on CINES EQUIPMENT in accordance with the current state of the art. These upgrades may become essential when maintenance support for software ends, it is withdrawn from the market or there are serious incompatibilities with other softwares. As a general rule, unless in case of urgency, this information is forwarded to the BENEFICIARY 3 months in advance.

The BENEFICIARY agrees to bear the cost, with the support of the CINES teams, within a period of 3 months of the notice of the upgrade, of any adaptation to its applications. The BENEFICIARY agrees to test its applications with the new version of the software on the basis of a schedule drawn up together with the CINES teams handling these operations.

In the event of the ending of maintenance, support or distribution of a product, CINES cannot be held liable for any malfunction of the applications using the product in question. This provision also applies to all software that does not have any maintenance service.

 

10.2.2.OPERATING SYSTEMS

If upgrades to the operating systems installed on the CINES EQUIPMENT are required, notice of this is forwarded to the BENEFICIARY 2 months in advance.

The BENEFICIARY agrees to bear the cost, with the support of the CINES teams, within a period of 3 months following notice of this upgrade, of any adaptation to its applications.

The BENEFICIARY agrees to test its applications with the new version of the system on the basis of a timetable drawn up with the CINES teams handling these operations.

In the event of the ending of maintenance, support or distribution of an operating system, CINES cannot guarantee the correct operation or the future viability of the applications running on this system.

11.      Operations Summary

CINES does not supply the BENEFICIARY with an Operations Summary for its applications.

12.      Documents and access to data on resource use

At the request of the BENEFICIARY, CINES will grant the representatives designated by the BENEFICIARY access to information relating to its use of the resources.

13.      Service Quality, liability limitation

CINES makes its best effort to ensure the quality of the services provided. It cannot be held liable for any non-availability of hardware or software from the suppliers, operational interruptions due to programming errors within the applications, use of incorrect data, or failure to comply with the recommendations issued by the software supplier.

Dernière modification le : 13 April 2016
CINES