Specific Terms — Zimbra Email Services — Kimoun

Kimoun’s Specific Terms for Zimbra email services, resold by Kimoun and hosted and administered directly by the underlying operator. To be read alongside the General Terms and Conditions.

English translation provided for convenience. This English version is provided as a courtesy and for ease of reading only. In case of any discrepancy, ambiguity, or contradiction between this English translation and the French version, the French version (« CGV — Messagerie électronique Zimbra ») available at /legals/cgv/cgv-messagerie-zimbra/ shall prevail as the sole legally binding reference text.

Usage note. Specific Terms applicable to Zimbra email services resold by Kimoun, hosted and administered directly by the underlying operator. To be read alongside the General Terms and Conditions of Kimoun (common trunk). To be reviewed by a lawyer or legal counsel before publication.

Specific Terms — Zimbra Email Services

Article 1 — Purpose and scope

1.1 Services covered

These Specific Terms (hereinafter “ST”) govern the Zimbra email Services resold by Kimoun, including:

the marketing and activation of Zimbra email accounts attached to one or more domains;
the initial configuration of mailboxes and associated parameters;
the configuration of DNS records required for the proper functioning of email (in addition to the ST Domain Names and DNS);
first-line assistance for routine questions;
standard administrative operations (creation, modification or deletion of mailboxes, aliases, distribution lists, within the limits of the subscribed plan).

Services not expressly provided for in the Quote, the activation order or these ST are excluded. An indicative list of excluded services is set out in Article 8 below.

1.2 Eligible audience

These ST apply exclusively to professional Clients within the meaning of Article 2 of the General Terms and Conditions of Kimoun (GTC). They do not apply to consumers within the meaning of the French Consumer Code.

The Client declares that it is contracting for the purposes of its professional, commercial, artisanal, liberal, associative, institutional or administrative activity.

1.3 Articulation with the General Terms and Conditions of Kimoun

These ST supplement the General Terms and Conditions of Kimoun (GTC), which remain applicable for all universal provisions. In case of contradiction between these ST and the GTC, these ST shall prevail, pursuant to Article 3 of the GTC.

Article 2 — Specific definitions

In addition to the definitions in Article 2 of the GTC, the following definitions apply:

Zimbra: collaborative email software suite including email, calendar, contacts and tasks, hosted and administered directly by the underlying operator designated in Article 3.
Underlying operator: technical provider that owns and operates the Zimbra service resold by Kimoun. Unless otherwise stated, the underlying operator is OVH (OVH SAS, operating under the brand OVHcloud).
Mailbox: individual email account attached to a domain, accessible through standard protocols (IMAP, POP3, SMTP) and via web interface (webmail).
Quota: resource limit (disk space, number of mailboxes, daily send volume) specific to the subscribed email plan.
Webmail: web interface for accessing email, provided by the underlying operator.
Alias: secondary email address redirected to a primary mailbox.
AUP or acceptable use policy: set of usage rules published by the underlying operator and applicable to the Zimbra service.

Article 3 — Kimoun’s role and underlying operator

3.1 Status as reseller

Kimoun acts as a reseller and management intermediary of the Zimbra email service. Kimoun does not operate the service itself: it is hosted and administered directly by the underlying operator, which ensures availability, maintenance, security, anti-spam, backups and technical evolutions.

3.2 Underlying operator

Unless otherwise stated in the Quote, the underlying operator of the Zimbra service is OVH. Kimoun may, depending on the Client’s needs, the nature of the services or the technical conditions, use one or more other operators. The operator effectively used is communicated to the Client upon request, in the order confirmation, or by any other written means.

3.3 Scope of Kimoun’s intervention

Kimoun’s intervention is limited to:

the marketing of Zimbra plans and order taking;
the coordination of activation with the underlying operator;
the initial configuration (mailboxes, aliases, parameters) within the limits of the tools made available by the underlying operator;
assistance with the configuration of necessary DNS records;
first-line assistance (orientation, qualification, escalation);
the relay of requests to the underlying operator when resolution requires its intervention.

The Client accepts that the quality, availability, security, functionalities and durability of the Zimbra service depend entirely on the underlying operator.

Article 4 — Rules of the underlying operator

The Client acknowledges that the Zimbra service resold by Kimoun is subject to:

the general terms and specific terms of the underlying operator (in particular those published by OVH on ovhcloud.com — “Legal documents” section);
the acceptable use policy (AUP) of the underlying operator;
the anti-spam, anti-abuse and anti-fraud policies of the underlying operator;
technical, operational or commercial decisions taken by the underlying operator.

These rules may evolve independently of Kimoun. The Client is invited to take note of them and accepts that their evolution may impact the Service.

Article 5 — Order, activation and configuration

5.1 Order

Any order for Zimbra services must specify at least:

the desired plan (number of mailboxes, capacity per mailbox, options);
the associated domain(s);
the identity and contact details of the holder;
the initial list of mailboxes to be created;
any subscribed options.

5.2 Activation

Effective activation is carried out by the underlying operator following subscription. The activation timelines indicated are provided for indicative purposes only and depend in part on the processes of the underlying operator. After activation, the Client receives the necessary technical information (webmail URL, IMAP/SMTP parameters, administrator credentials).

5.3 DNS records

The proper functioning of email requires the correct configuration of DNS records:

MX records designating the Zimbra servers of the underlying operator;
SPF records authorising sending from the underlying operator’s infrastructure;
DKIM records cryptographically signing outgoing messages;
DMARC record defining the authentication policy.

When Kimoun also provides DNS management for the Client’s domain (under the ST Domain Names and DNS), these records are put in place during activation. When DNS is managed by a third party, the Client is responsible for their implementation according to the parameters provided by Kimoun.

Article 6 — Scope of the Zimbra service

6.1 Features

The Zimbra service, as hosted and administered by the underlying operator, includes within the limits of the subscribed plan:

the provision of a defined number of mailboxes attached to one or more domains;
access to webmail via the interface provided by the underlying operator;
access to standard email protocols (IMAP, POP3, SMTP) over TLS;
native Zimbra collaborative features (calendar, contacts, tasks), accessible according to the operator’s configurations;
the creation of aliases and distribution lists within the limits of the plan;
the anti-spam and anti-virus protection implemented by the underlying operator;
any backups carried out by the underlying operator according to its own terms.

6.2 Quotas and retention

Each mailbox has a storage quota specific to the subscribed plan. When the mailbox reaches its quota:

the receipt of new messages may be interrupted until space is freed;
sending may also be blocked depending on the underlying operator’s configuration.

The deletion of a mailbox by the Client (departure of an employee, reorganisation, end of subscription) results, depending on the terms of the underlying operator, in the deletion of associated messages and data. The Client must proceed with the prior export of the data it wishes to retain, for example in .mbox format or via Zimbra export tools.

6.3 Sending limits and anti-spam

The underlying operator applies daily sending limits per mailbox and per domain, in order to prevent abusive uses. Exceeding these limits may result in:

a temporary blocking of sending;
a suspension of the concerned mailbox;
a suspension of the domain;
termination of the service in case of manifestly abusive use.

The anti-spam filtering of the operator may, in some cases, consider legitimate messages as spam. Kimoun has limited action capabilities on these filters, which fall under the administration of the underlying operator. The Client is invited to use the Zimbra whitelist tools when necessary.

6.4 Backups by the underlying operator

The underlying operator may perform backups of mailboxes according to the terms, periodicities and retention durations specific to its offer. The details of these backups are specified in the operator’s documentation applicable to the subscribed plan.

Kimoun does not perform additional backups of Zimbra mailboxes. The Client is strongly encouraged to regularly export its critical data.

Article 7 — Availability and service level commitments (SLA)

7.1 Absence of technical SLA specific to Kimoun

In view of its role as reseller and management intermediary defined in Article 3, Kimoun does not undertake any quantified technical service level commitment (SLA) of its own (availability rate, restoration time, incident response time) for the Zimbra service. The infrastructure and administration falling entirely under the underlying operator, the technical availability, performance and security of the service depend entirely on it.

This absence of quantified technical commitment is without prejudice:

to Kimoun’s commitments under its own scope, namely the relay of orders, the first-line support provided for in Article 10.1, the escalation of technical incidents to the underlying operator, and the information of the Client (Article 3.3);
to the SLA possibly published by the underlying operator, the terms of which are specified in Article 7.2.

7.2 SLA of the underlying operator

When the underlying operator publishes an SLA applicable to the subscribed plan, this SLA applies between the operator and the end Client, under the conditions and limits defined by the operator. The terms of invocation, possible refunds and exclusions fall entirely under the underlying operator.

Kimoun may, upon Client request, accompany the request for application of the SLA with the underlying operator, without however being able to substitute itself or vouch for the final decision.

7.3 Maintenance windows

The underlying operator may schedule or impose maintenance windows resulting in partial or total unavailability of the service. These interruptions do not engage Kimoun’s liability and do not give rise to any compensation by Kimoun.

Article 8 — Excluded services

Unless expressly provided for in the Quote, the following services are excluded from the standard scope and may be the subject of a separate Quote:

complex email migration (importing large volumes, retaining extended history, merging mailboxes);
mass import/export of email archives;
end-user training;
advanced assistance on email client configuration;
urgent or out-of-hours intervention;
on-call service;
email security audit;
email security incident management;
complex restoration beyond the standard tools of the operator;
implementation of legal archiving mechanisms;
legal assistance in case of dispute or authority request.

Article 9 — Subscription, prices and payment

9.1 Prices

Prices are indicated in euros, in net amounts. VAT not applicable, Article 293 B of the French General Tax Code.

Prices, plans, options, term of engagement and specific terms are indicated in the Quote, the contract or the order confirmation.

9.2 Term and renewal

Unless otherwise stipulated:

the service is subscribed for a defined duration (generally monthly or annual);
renewal is not automatic, unless otherwise agreed in writing or under a specific offer expressly provided for;
to be guaranteed, any renewal must be requested, validated and, where applicable, paid sufficiently in advance of the expiration date.

Kimoun may send renewal reminders, but the absence of a reminder does not release the Client from its monitoring obligation.

9.3 Prior payment

Unless otherwise agreed in writing, Kimoun may subject any activation, renewal or plan modification to prior payment of amounts due. Kimoun is not required to advance fees due to the underlying operator on behalf of the Client.

9.4 Tariff evolution

Kimoun may pass on to the Client the tariff evolutions applied by the underlying operator. Any evolution is notified to the Client in writing with reasonable advance notice and takes effect, at the earliest, at the next renewal due date.

9.5 Consequences of late payment

Any late payment may result, without prejudice to amounts still due, in:

suspension of ongoing services;
termination of services;
application of late payment penalties at a rate of three (3) times the legal interest rate in force;
the fixed legal indemnity for recovery costs of €40, pursuant to Article L.441-10 of the French Commercial Code.

Article 10 — Support

10.1 First-line support by Kimoun

Kimoun provides first-line support by email at oliver@kimoun.com, during usual business days and hours. This support covers:

Client orientation;
assistance with the routine configuration of email clients;
the qualification of incidents and their possible relay to the underlying operator;
standard administrative requests (mailbox creation, alias, quota modification within the limits of the plan).

10.2 Support by the underlying operator

Technical incidents relating to the infrastructure and administration of the Zimbra service (platform outage, anti-spam incident, webmail unavailability, SMTP routing issue) are handled by the underlying operator’s teams, according to its own terms and timelines. Kimoun ensures the relay and follow-up, without being able to substitute itself.

10.3 Out of scope of support

Standard support does not include:

urgent interventions outside business hours;
on-call services;
mass imports or exports;
Client-side security incident management;
end-user training;
legal services related to a dispute.

Article 11 — Client’s obligations and prohibited uses

11.1 Client’s obligations

Within the framework of these ST, the Client undertakes to:

provide accurate, complete and up-to-date information;
comply with the rules of the underlying operator, in particular its AUP;
preserve the confidentiality of the accesses and passwords of each mailbox;
ensure the security of the workstations and email clients of its users;
not exceed the quotas and limits of the subscribed plan;
promptly report any anomaly, incident, compromise or unauthorised use of a mailbox;
carry out its own exports for critical data;
respond promptly to any validation or information request.

11.2 Prohibited uses

The Client shall not use the Zimbra service to:

send spam, unsolicited bulk emails or commercial campaigns that do not comply with applicable rules;
engage in phishing, identity theft or fraud;
distribute malicious software;
conduct mailbombing operations, email attacks or manifestly abusive use of sending limits;
host or distribute manifestly illicit content;
harm the image, security or reputation of Kimoun, the underlying operator or their providers.

In case of manifestly illicit, abusive, dangerous or non-compliant use, Kimoun and/or the underlying operator may suspend all or part of the services, without notice where urgency or security so requires.

Article 12 — Suspension and termination

Kimoun, directly or through the underlying operator, may suspend or terminate all or part of the Services in case of:

unpaid invoices;
breach of these ST, the GTC or the AUP of the underlying operator;
abusive, fraudulent, dangerous or illicit use;
false, incomplete or non-updated information;
threat to the security of the platform or third parties;
decision by an administrative, judicial or regulatory authority;
unilateral decision of the underlying operator.

When the suspension or termination is imposed by the underlying operator, Kimoun cannot oppose it.

Termination does not give rise to refund of fees already incurred, services already performed, periods already started or amounts due to the underlying operator, unless otherwise agreed in writing or required by mandatory legal provision.

Article 13 — Restitution of data and end of service

13.1 Notice and continuity

At the end of the Service, whether termination by the Client, by Kimoun or by the underlying operator, the Client is invited to anticipate the export or migration of its data within a reasonable timeframe before the effective cessation of service.

13.2 Export and portability

During the duration of the Service, the Client may export its data by the technical means made available by the underlying operator:

exports of mailboxes in .mbox format, EML or via Zimbra tools;
exports of contacts in vCard format;
exports of calendars in iCal format.

13.3 Deletion after cessation

After service cessation, data may be retained by the underlying operator for a limited time (typically a few days to several weeks depending on the plan and the operator’s policy), before definitive deletion.

Once definitive deletion is performed by the operator, data recovery is no longer possible. The Client acknowledges that data loss after cessation may be definitive and is solely responsible for prior backup.

13.4 Exit support service

When the Client wishes to be accompanied in the migration of its mailboxes to another provider, this service is the subject of a separate Quote.

Article 14 — Personal data

14.1 Reference to the General Terms and Conditions

The processing of personal data by Kimoun is governed by Article 5 of the General Terms and Conditions of Kimoun, supplemented by the Kimoun Data Processing Agreement (DPA). The provisions below specify the particularities of the Zimbra service.

14.2 Data processed

The Zimbra service is likely to process, for the benefit of the Client acting as controller:

personal data relating to users of mailboxes (employees, contacts);
personal data contained in the messages exchanged (body, attachments, routing metadata);
address book, calendar and task data of users.

14.3 Chain of subcontracting

For operations related to the marketing and coordination of the service, Kimoun acts as a processor within the meaning of the GDPR. The underlying operator (OVH or other) acts as a sub-processor and carries out the effective technical processing (hosting, administration, filtering, backup).

The Client expressly authorises the use of the underlying operator as a sub-processor. This authorisation supplements the provisions of Articles 5.2 and 7 of the GTC and is detailed in the Kimoun DPA.

14.4 Data location

The data of the Zimbra service is, unless otherwise stated in the Quote, stored in the European data centres of the underlying operator (in practice, in France or in the European Union for OVH centres).

14.5 Security

The technical and organisational measures relating to the security of the Zimbra service are implemented by the underlying operator in accordance with its own published commitments. Kimoun shall not be held liable for security incidents affecting the infrastructure or administration of the service by the underlying operator, except in case of characterised breach by Kimoun of its own obligations.

Article 15 — Liability

15.1 Best-efforts obligation

Kimoun is bound by a best-efforts obligation on its own activities of reselling, coordination and first-line support, without being able to commit beyond this scope.

15.2 Specific exclusions

Kimoun shall not be held liable:

for interruptions, unavailabilities, failures or slowdowns affecting the Zimbra service operated by the underlying operator;
for decisions, modifications, suspensions or terminations imposed by the underlying operator;
for maintenance windows scheduled or not by the underlying operator;
for anti-spam filtering that has discarded a legitimate message;
for sending blockages related to exceeding daily limits or to a flag from the underlying operator;
for data loss resulting from the deletion of a mailbox by the Client or from the end of the service, when prior export was the Client’s responsibility;
for a DNS record misconfiguration by the Client when these are managed by a third party;
for misuse of the service by the Client or its users;
for a compromise of a mailbox attributable to the Client (weak password, successful phishing of a user, insecure sharing);
for indirect damage (loss of revenue, damage to image, loss of clientele, loss of opportunity).

15.3 Liability cap

For professional Clients, Kimoun’s total liability, all damages and all causes combined, is limited to the amount effectively paid by the Client for the relevant Zimbra service over the twelve (12) months preceding the triggering event.

This limitation does not apply in case of gross fault, wilful misconduct, bodily harm or any contrary mandatory legal provision.

Article 16 — Force majeure (reference to the General Terms and Conditions)

The provisions of Article 6 of the General Terms and Conditions of Kimoun apply in full to these ST. The following events in particular constitute events of force majeure or equivalent events, without this list being exhaustive:

a failure or major incident affecting the underlying operator;
a disaster in a data centre of the underlying operator;
a large-scale cyberattack affecting the Zimbra service;
a general internet outage or telecommunications networks failure;
an administrative, judicial or regulatory decision affecting the underlying operator;
an external technical blockage imposed by a third-party operator or by an email reputation authority (RBL, block lists).

Article 17 — Language and translation

These ST are drafted in French. An English translation may be provided for informational, courtesy and convenience purposes for English-speaking Clients.

In case of divergence, ambiguity or contradiction between the French version and its English translation, the French version shall prevail alone and constitutes the contractual reference text.

Article 18 — Articulation with the General Terms and Conditions of Kimoun

These ST are read in conjunction with the General Terms and Conditions of Kimoun (GTC), which remain applicable for all universal provisions not covered here, in particular:

confidentiality (Article 4 of the GTC);
personal data protection, supplemented by Article 14 of these ST (Article 5 of the GTC);
force majeure, supplemented by Article 16 of these ST (Article 6 of the GTC);
subcontracting, supplemented by Article 14.3 of these ST (Article 7 of the GTC);
assignment of contract (Article 8 of the GTC);
modification of the GTC (Article 9 of the GTC);
no waiver and severability (Articles 10 and 11 of the GTC);
amicable resolution, applicable law and competent jurisdiction (Article 12 of the GTC).

In case of contradiction between these ST and the GTC, these ST shall prevail.

Reminder. This English version is provided as a courtesy translation only. The French version of these Specific Terms is the sole legally binding reference text. In case of any conflict between the two versions, the French version shall prevail.

Kimoun Specific Terms — Zimbra email services — version 1.01 — entered into force on 28 April 2026
Kimoun — Route de Boisvin, 97160 Le Moule — SIRET 477 746 275 00031 — oliver@kimoun.com — kimoun.com

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