These General Terms of Sale and Use (hereinafter “GTSU” or “Agreement”) set forth the terms and conditions of the use and/or purchase of our products and related services and for the purchase and/or use of any products and services acquired through Genious Communications from our partners and/or affiliates (collectively "Services"). These GTSU are in addition to the Specific Terms of Sale and Use (hereinafter “STSU”) that apply to the particular Services.
In this Agreement “You”, “Your”, “He” or “She”, the “Client” and the “Customer” refer to You as the user of our Services, or any employee or person authorized to act on Your behalf. “We”, “Us”, “It” and “Our” refer to Genious Communications.
This Agreement explains Our obligations as a registrar, a web host and an internet service provider to You, and explains Your obligations to Us for using Genious Communications Services.
These GTSU apply exclusively between the Customer and Genious Communications, commonly referred to as the "Parties". No terms communicated by the Customer may be incorporated into this Agreement.
2. Order process and Agreement acceptance
2.1. Order process
Before ordering any Service, the Customer undertakes to read all the current Terms of Service (including the STSU and the Terms Genious Communications partners’ products) and to check all the options and ranges of the available services in order to select Services that are adapted to its needs.
The Client acknowledges that He or She may only use the Services of Genious Communications if He or She accepts these General Terms and Conditions without any reservation. Thus, by ordering and/or subscribing to any of Genious Communications Services, the Client consents to these Terms and Conditions.
2.2. Agreement acceptance
When You use Our site, Your account to purchase or otherwise acquire access to Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement, equivalent to a handwritten signature, to the terms and conditions contained in this Agreement, along with the applicable product agreements /STSU, which are available in Genious Communications’ website. Except in case of a specific written and signed agreement between the Parties.
When the Parties have signed a specific Agreement, these GTSU and the STSU are not applicable to the Client. Any waiver of these GTSU and the applicable STSU shall be established by written agreement between the Parties.
By using Genious Communications Website and/or Services, the Client represents and warrants that He has the legal age in his jurisdiction and has the capacity to enter an Agreement and perform his obligations.
Genious Communications and the Customer declare and guarantee that they have all the authorizations, skills and knowledge, enabling them respectively to use and provide the Services in accordance with the terms and conditions set herein.
If the Customer is entering this Agreement on behalf of a company, He warrants that He has the legal authority to bind such company to the terms and conditions contained in this Agreement, and which case the "Customer" will refer to such company.
4. Genious Communications Services utilization
4.1. Customer Account and Account credentials
In order to be able to order Genious Communications Services, the Customer creates his own Customer Account (hereinafter "Account") online at the Genious Communications Website. He undertakes to provide all required information (contact information, email, company name, etc.) and agrees that all the provided information is correct and kept up to date throughout the term of the Agreement.
The Client is responsible for security of His Account login credentials and undertakes to promptly inform Genious Communications of any loss or any credentials disclosure and to restore immediately access to His Account. Genious Communications cannot be liable for any loss.
4.2. Customer Area
The Customer warrants that all submitted information is correct, updated and complete and agrees to keep His account information correct, updated and complete.
The Account login credentials will enable the Client to manage the Services He ordered on Genious Communications Website. Simply put, these credentials will allow the Client to:
- Review His personal information;
- Have access to his invoices, the history of his exchanges with Customer Service;
- Pay His invoices (online payment);
- Know the details and expiration date of the ordered Services;
- Create support tickets;
- Manage and Configure ordered Services;
- Renew orders and make new ones;
- Have access to the history of Emails sent by Genious Communications;
4.3. Modifications and Evolution of the Services
Genious Communications reserves the right to change to the Services at any time, particularly to add, modify or remove offers, options or features and to develop their performance.
It is up to the Customer to take heed of these modifications and evolutions, which are immediately applicable for any new Order.
As to His Running Services, the Customer is informed of any substantial change likely to degrade the Services by e-mail and via its Account, at least one (1) month before the implementation of the change.
However, the changes made by Genious Communications affiliates or partners and emergencies (such as security risks or legal compliance) may lead to immediate changes.
Subject to what is stated in Article 21 "Specific Provisions for Consumers" of this Agreement, in case an upgrade degrades a running Service, the Customer may terminate the running Service (except the Domain Name Service) via the termination form available on the Customer Area within thirty (30) days of the upgrade implementation.
4.4. Third-party products
Subject to STC, Genious Communications is not responsible for Third Party Products that It provides, which may have technical errors, security flaws, incompatibilities or instabilities. Genious Communications does not give any warranty on Third Party Products it provides as part of Genious Communications Services.
Furthermore, the Customer is only authorized to use Genious Communications affiliates’ Products in the context of the Services. At any time, the Customer can decompile, access the sources, reinstall on other infrastructures, software or systems.
The Customer is responsible of how he uses Genious Communications affiliates’ products and ensures in particular that they are adapted to his needs.
Are prohibited on a non-exhaustive basis
- Abusive or fraudulent use of Genious Communications Services, in particular use that could threaten the stability and security of Genious Communications' systems or that could lead to a degradation of the performance of the Services provided to other customers of Genious Communications;
- Intrusion or attempted intrusion activities from the Services (Spoofing, attacks on Genious Communications’ resources, etc.);
- Any use or attempted use of SPAM or any other technique similar to "spamming";
- The use of illegal or prohibited Content.
5. Financial terms
5.1. Prices and taxes
The prices charged to the Customer are those indicated in Genious Communications’ Website at the time the order is placed. The prices can also be communicated on simple request to Genious Communications Support via the Chat or at +212 (05) 24 29 87 00.
Depending on Services, Genious Communications offers different types of rates (monthly price, annual price, etc.) which may be associated to a specific commitment period and/or billing method.
When several types of rates are available for the same Service, the Customer selects, while placing his order, the one that suits him best.
All the mentioned rates on Genious Communications Website are tax exclusive. VAT as well as any other applicable tax to the Services are added to the price as it will be mentioned at the Order validation step and are due by the Customer without this being considered as a price change within the meaning of article 7 below.
Every Service the Customer starts using is invoiced in full, even if it is not fully used.
Finally, it is up to the Customer to acquire and pay for any license or right of use necessary for the Contents exploitation that he uses.
5.2. Price modification
Genious Communications expressly reserves the right to modify the prices and fees of its Services at any time.
Such changes shall be immediately effective to all new Orders.
For Services that are still being used, the Customer is notified by e-mail within thirty (30) calendar days. The Customer will have a period of thirty (30) calendar days starting from the notice date to cancel, without indemnity, the impacted Services (except for Domain name’s Service) via the cancellation form available on the Customer Area. Otherwise, Genious Communications will consider that the Customer have accepted the new rates.
Billing frequency depends on the frequency that the Customer chose. The Customer may choose, when placing the Order, whether he/it wants a monthly, quarterly, half-yearly, annual, biannual or tri-annual subscription. Services’ billing terms are defined in each service’s STC. It is the Customer's responsibility to read them before placing an order.
Invoices are sent to the Customer, by e-mail and/or provided in the Customer Area, fifteen (15) days before the expiration of the period chosen by the Customer. If the Customer does not want to receive invoices automatically fifteen (15) days before the expiry date may, via the Service(s) listed in his Customer Area, uncheck this option.
Invoices that are provided in the Customer Area remain there for a period of five (5) years following the date on which they were made available.
5.4. Payment terms
If it is a Customer’s first order, the Activation of the Services is subject to prepayment of the Service’s price.
Invoices are then sent by mail and/or provided in the Customer Area at the frequency chosen by the Customer (either monthly, quarterly, semi-annually, annually, biannually or tri-annually) fifteen (15) days before the expiry date. The Customer who does not wish to renew the Service mentioned in the invoice may ignore the invoice that Genious Communications sent to him.
The Customer undertakes to pay for the ordered Service(s) within no more than fourteen (14) days following the issue date of the invoice.
After each payment, Genious Communications will send the Customer an electronic invoice payment notice.
Subject to the article 20.1 related to “additional provisions” for the Consumer Customer, all prices and fees are non-refundable unless otherwise expressly noted, even if the Customer’s Services are not used yet, used partially, suspended or terminated prior to the end of the Services term.
The Customer chooses the payment method that suits him best among those available in Genious Communications’ website when placing the Order.
For Moroccan resident Customers, the available payment methods are: cash, online payment (CMI or FPay), by wire transfer if the amount exceeds ... or bank deposit using the BBAN (Basic Bank Account Number) mentioned in the invoice.
For non-Moroccan resident Customers, the Services’ payment may be made either by PayPal or by wire transfer if the amount exceeds ... using the BBAN (Basic Bank Account Number) mentioned in the invoice.
However, any payment made by wire transfer will only be considered when the Client provides Genious Communications with the transfer receipt. Otherwise, the Order will not be confirmed and the invoice will be considered as unpaid.
The Customer guarantees Genious Communications that he/it has the required authorizations to use the payment method he/it has chosen.
Online payments are secured by the ‘Centre Monétique Interbancaire’ (CMI) and Fast Payment (FPAY) which offer a fully secure payment service.
For the payment by credit or debit card, the agreement concluded between the Customer and credit card generator and between Genious Communications and his banking institution shall apply.
5.5. Delay in payment
The Customer will be notified by Genious Communications of the expiration of the Service. The Customer will receive an email notification fifteen (15) days and seven (7) days prior the expiry date of his/its Service and a notification on the day the Service expires.
Any default or delay in payment lasting more than seven (7) calendar days starting from the Service’s expiry date will lead immediately and without prior notice to:
- First, suspension of Services, and consequently of the Agreement,
- Then, immediate payment of all remaining sums due by the Customer,
- Finally, automatic termination, by e-mail, of all or part of the Agreement.
6. Subscription term and renewal
6.1. Terms of the Services
This Agreement shall be signed for an indefinite term. It shall begin upon the date the Customer accepts the GTC and expires upon the full payment of the provided services. The Customer undertakes to respect the term of each Service as mentioned in its STU.
6.2. Renewal terms
All Genious Communications Services are offered on automatic renewal. After the Initial Term, your agreement with Genious Communications shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party. It is therefore up to the Customer to cancel via his Customer Area the automatic renewal of the Service(s) he has subscribed.
Choosing the automatic renewal for a Service means that invoices will be automatically generated depending on the frequency the Customer selected. The automatic renewal of the Services is therefore conditioned by the payment of the invoice.
The Customer shall make a prepayment for the Service(s) he wants to renew so that the Genious Communications receives the payment before the Service’s expiration date of the Service(s).
The Parties may, at any time, terminate the Agreement immediately without compensation, with thirty (30) days prior notice.
The Customer's termination request will be considered only when the Customer has paid the due amount.
Subject to the Article “Consumer Specific Provisions”, the Customer acknowledges that refunds do not apply to Genious Communications Services.
The Services may be terminated, at any time, with fifteen (15) business days prior notice if one of the Parties is in violation of any terms or conditions herein.
Notwithstanding the above, Genious Communications may cancel immediately the Services or the Agreement, by email and without prior notice, in case of illicit or fraudulent use or if the Customer is in violation of third-party rights.
The provisions above do not affect the right of Genious Communications to suspend or interrupt the Services under the terms of the Agreement if the Customer is in violation of any terms or conditions herein.
Termination for default is without prejudice to any damages that the defaulting party may claim.
8. Services Availability
Genious Communications team shall use reasonable efforts to attempt to provide Genious Communications Services on a twenty-four (24) hours a day, seven (7) days a week basis.
The Customer acknowledges and agrees that from time to time the Services and/or Genious Communications Website may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; repairs or replacements that Genious Communications undertakes from time to time; causes beyond Genious Communications reasonable control; force majeure; etc.<
h3 id="nine">9. Withdraw of the Services
Genious Communications makes every effort to ensure Services with a long-term availability. However, some Services may no longer be offered for sale.
Therefore, Genious Communications reserves the right to remove or discontinue a Service at any time and for any reason.
The Client acknowledges that by asking Genious Communications support team for assistance, He authorizes their intervention and operation in His account.
He must provide Genious Communications with all information and access to facilities that Genious Communications may reasonably require to provide the requested support.
10.1. Genious Communications Support team
Genious Communications Support team is in charge of incident management and providing information about the Services’ conditions and characteristics.
10.2. Recourse to Genious Communications Support
The Customer can request support by email at [email protected]
, by calling on +212 (05) 24 29 87 00 or by opening a Ticket in his Customer area.
Genious Communications Support can be contacted by email 24/7 and by phone only from Monday to Friday, from 9am to 6pm. However, during the summer period as well as during Ramadan, Genious Communications Support can only be contacted by phone from Monday to Friday, from 9:00 am to 4:30 pm.
Each Support request or incident report automatically leads to the creation of a ticket with a unique number to track the incident. The Client should not abuse the support system.
Genious Communications has the sole right to not ensure Support request that do not comply with the Agreement.
The Customer undertakes to adopt a respectful conduct in his exchanges with the Genious Communications Support. Genious Communications reserves the right not to respond to abusive Customer requests.
Support prices vary according to the level of support chosen by the Customer. The levels of support available are mentioned in the STSU of each Service.
10.3. Incident management
When an Incident is reported, Genious Communications Support team will identify the cause of the encountered malfunction and establish a diagnosis.
The Customer undertakes to remain permanently available in order to collaborate with Genious Communications Support team in the diagnosis and remediation of the Incident.
As part of Incidents management, Genious Communications is expressly authorized by the Customer to access to the Customer’s Services and to make necessary operations in order to establish a diagnosis. Genious Communications undertakes to keep the Customer informed of the operations progress.
Genious Communications reserves the right to refuse any intervention if It finds that the Client is using the Services in violation of the Agreement or the laws or regulations in force.
Subject to what is stated in the STSU, Genious Communications does not give any guarantee of the time of Incidents intervention and resolution.
11. Customer’s Obligations et liability
11.1. Customer’s Obligations
Genious Communications Services must be used reasonably, in accordance with the Agreement and the governing law.
The Customer affirms that he has checked all the information He inserted while placing His order, especially the name of the company, the billing address, the e-mail address, ...). The Customer is solely responsible for this information.
The Client should use Genious Communications Services and submit content in compliance with this Agreement and any applicable policies and national and international laws and regulations.
a) The Customer undertakes and agrees to:
- Keep a valid e-mail address, postal address and phone number;
- Be responsible of the codes and passwords that Genious Communications sent him, by e-mail or by phone;
- Regularly and independently record and back up his content and information he uses.
b) The Customer undertakes and agrees not to:
- Post, send, use or display any content that is defamatory, libelous, obscene, harassing, threatening, abusive, racist, abusive, fraudulent, inciting to commit an illegal act, or that violates intellectual property rights, privacy rights and contractual rights;
- Act in any illegal way to collect login data and/or passwords for other websites, third parties, software or services;
- Use scripting or any similar manual process to access, acquire, copy or monitor some or all Genious Communications Services (or its data and/or content) in order to obtain or attempt to obtain any information, material, services or information in a manner not made available by Genious Communications;
- Impact Genious Communications’ reputation or act in a way that could discredit or harm Genious Communications;
- Provide false information to Genious Communications and/or the Website, either directly or indirectly;
- Violate the privacy or other rights of a customer, or collect personal information about visitors or customers of Genious Communications without their consent;
- Sell, license or exploit for a commercial purpose any use of or access to Genious Communications Services;
- Remove or alter the copyright and proprietary notices;
- Violate Genious Communications Terms and Conditions of Sale and Use or any law governing the Customer's use of the Genious Communications Services;
- Deactivate any measure that restricts access to some Genious Communications Services, to a website, to other customer's account, by hacking, password mining or other illegitimate or prohibited ways;
- Interfere or disturb the functioning of Genious Communications Services;
- Genious Communications prohibits Customers from publishing any content associated directly or indirectly (hypertext links) with their website to:
Genious Communications interdit aux Clients de faire paraître toute forme de contenu associé directement ou indirectement (via des liens hypertextes) :
- Pirated programs
- Illegal activities
11.2. Customer’s liability
The Customer assumes all risks related to its activities and shall be solely responsible for the use of the Genious Communications Services and for compliance with the GTC and STC in force.
The Customer is solely responsible for:
- The suitability of the ordered Services to his needs;
- The Content such as ‘information, data, files, systems, software, websites, etc.’;
- The control, validation, updates, deletion and the backup of the Contents;
- Compliance with the laws and regulations in force.
When the Customer uses the Services for a professional activity, He/It undertakes to take out liability insurance from a well-known solvent insurer, in order to cover all damages attributable to the Customer in connection with this Agreement and to maintain this insurance during the entire term of the Agreement.
12. Genious Communications obligations and liability
12.1. Genious Communications’ obligations
Genious Communications undertakes to inform the Customer in the event of an incident, within a reasonable period. Genious Communications shall inform the Customer regarding of the nature and duration of the intervention that Genious Communications will need to make so that the Customer can make arrangements.
Genious Communications undertakes to use all due care to provide a quality Service and to ensure a reasonable access to content via the Internet twenty-four (24) hours a day, seven (7) days a week. However, in the event of an incident, Genious Communications reserves the right to suspend the service in order to carry out an intervention to restore its function.
However, the Customer is solely responsible for all activities that take place via the Client Area or via the Client's website.
12.2. Additional rights
Genious Communications reserves the right to refuse, cancel, terminate, suspend, lock or modify access to any account or service for any reason, including but not limited to:
- To correct the offer’s or service’s errors;
- To comply with court judgments against the Customer and/or applicable national and international laws, rules and regulations;
- To comply with the police requests, including subpoenas requests;
- To comply with dispute resolution processes;
- To avoid any civil or criminal liability of Genious Communications, its directors, officers, employees and agents.
Genious Communications reserves the right to provide Genious Communications Services with different pricing offers.
12.3. Limitation of Genious Communications’ liability
In no event shall Genious Communications be liable for:
- Use that does not in comply with this GTC and/or the STC;
- Fraudulent use, loss or disclosure of login credentials by the Customer or third party;
- Viruses on the Customer's Service;
- Non-performance, failure, malfunction or unavailability of Services due to a third party or the Customer’s breach;
- Suspension of access or Services temporary or permanent suspension due to an administrative or judicial authority request;
- Security incidents related to the use of the Internet.
- Incidents related to the Customer’s website development. The Customer and/or its website developer is/are solely responsible of the malfunctions encountered in the website, such as: overrunning the resources, mismatch with the subscribed packs, code/file non optimized, etc.
The Customer is held responsible for his actions and those of any person having access to his Customer Account or his Services settings.
Despite all security measures taken by Genious Communications, Genious Communications shall not be liable for a fraudulent intrusion into the Customer Account or for the Customer’s mails hacking.
In no event shall Genious Communications, its directors, employees, and any third-party service provider be liable to the Customer or any other person or entity for any direct or indirect damages that may result from unauthorized access to personal or financial information; loss or damage due to the use of Genious Communications website or its Services.
Genious Communications shall not be liable for the content of the information, sound, text, images and data accessible on the Customer’s websites and/or on its Customer Space.
The Customer specifically acknowledges and agrees that Genious Communications’ total aggregate liability shall in no event exceed the total amount paid by the Customer for the relevant Services that are the subject of the cause of action.
13. Force majeure
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to force majeure causes including, but not limited to:
- Telecom operators and/or Registries’ network breakdown;
- Network attacks
- Any other force majeure event recognized by Moroccan Courts jurisprudence.
If the Force Majeure event lasts for more than thirty (30) days in the aggregate, the Agreement may be terminated as a matter of right, at the written request of one of the Parties, without any right to compensation for either of them.
14. Intellectual property
Software, Infrastructures, documentation and all the elements provided by Genious Communications for the Customer is and shall remain the exclusive property of Genious Communications or of the third parties who have granted Genious Communications the right to use it.
The Customer acknowledges and agrees that it/he does not, by virtue of this Agreement, obtain, or become entitled to claim, any right, title or interest in or to any intellectual property rights or other property rights held by, or related to Genious Communications.
Genious Communications grants Customers right to use the provided elements in accordance with the relevant STC during the entire term of the Agreement.
The Customer shall not adopt, develop, create, register or use any symbol, logo, emblem, trademark, software, document, copyright or other intellectual property rights or property rights of any nature held by, or related to Genious Communications.
Subject to the aforementioned elements, the Customer remains solely responsible for acquiring all authorizations and rights to use the elements and Content (data, software, applications, systems, websites, etc.) that he/it uses and exploits.
The Customer and the Users of his website remain owners of their Content that Genious Communications shall use only for this Agreement’s purpose.
The Parties undertake to:
- Ensure and preserve the confidentiality of the other Party’s confidential information;
- Use the confidential information only for this Agreement’s purpose;
- Allow access to confidential information only to the employees who need it for their duties and who are informed of the confidentiality of such information and are bound by a confidentiality agreement equivalent to this Agreement.
Confidential Information refers to the communicated information between the Parties, or to which the Parties have access in the performance of the Contract, regardless of its form and nature.
However, Confidential Information does not include information which a Party can prove that:
- The information was publicly known before its disclosure;
- The Party knew about the Information at the time of its disclosure;
- The Party got the Information from a third party;
- The Information has been independently developed by the Party without using or referring the Confidential Information.
Each Party shall in no way use, transfer, disclose, duplicate, copy and/or publish Confidential Information at any time, without the prior written consent of the other Party, during the entire term of the Agreement and after its termination.
- Disclosure is required disclosure is required by relevant laws or court orders;
- Disclosure is desirable in connection with any court or tribunal action involving the Party;
- Disclosure is required for the Parties’ ordinary reporting or review procedure;
- Disclosure is made to a Party’s professional advisers or auditors, who have a legitimate need to know such contents or information;
16. Personal DATA
16.1. Commitment of the parties
The Parties undertake to comply with the data privacy law n° 09-08 promulgated by Dahir 1-09-15 of February 18, 2009 (B.O. n° 5714 of 05/03/2009), as from its date of application.
Either Party undertakes to carry out all the required formalities (declarations, Applications for authorization, etc.) with the National Control Commission for the Protection of Personal Data (CNDP) or any other competent authority.
The Customer acknowledges and ensures that he/it has checked the suitability of the Service to his/its data protection system.
Genious Communications take all useful precautions to guarantee the privacy and security of the Customer’s personal data and to protect such data from any distortion, damage or access by unauthorized third parties.
Genious Communications may, however, communicate the Customer’s information at the request of administrative, regulatory or judicial authorities.
Genious Communications undertakes to implement:
- Physical security precautions to prevent access by unauthorized persons to the Infrastructure where the Customer's personal data is stored;
- Permission management system to limit access to the concerned persons only;
- Authentication processes for users and administrators;
- Processes and systems that make it possible to trace all the actions carried out on its information system, and to carry out, in accordance with the regulations in force, incident reporting actions.
The Customer shall ensure the security of the resources and systems that he/it deploys to use Genious Communications Services. The Customer remain responsible for the implementation of flow filtering systems such as ‘firewalls, deployed systems and software updates, access rights management, resources configuration.’.
Genious Communications shall not be liable for any security incidents related to the Internet that may lead to alteration, destruction, disclosure or unauthorized access to Customer data.
Genious Communications undertakes to provide the Customer, upon his/its request, information concerning the implemented Security measures so that the Customer can make sure the measures are adapted to his/its needs or to the Users’ needs.
Genious Communications may provide the Customer with certificates and audit reports of the Services if available.
16.4. Data processor and storage
Genious Communications reminds the Customer that, while providing the Service to the Customer, Genious Communications may keep some of the Customer’s personal data in compliance with the law n° 09-08 and judicial obligations.
For the purpose of customer relationship management, Information such as “last name, first name, mailing address, e-mail address, phone numbers” shall be kept by Genious Communications during the entire term of the Agreement and up to five (5) years after the expiration of the Service.
Account login credentials shall also be kept by Genious Communications during the entire term of the Agreement and up to twelve (12) months. The data transmitted by the Customer shall be kept as long as deemed necessary for evidence purposes and in compliance with judicial obligations. Except as otherwise provided in the Specific Terms and Conditions, Genious Communications shall not disclose nor sell the Customer’s personal data.
In accordance with the personal data protection law n° 09-08 promulgated by Dahir 1-09-15 of February 18, 2009 (B.O. n° 5714 of 05/03/2009), the Customer has the right to access, rectify or delete his/its data. The Customer may exercise these rights by e-mail to [email protected]
or by sending a letter to the address 290, Assif B, 40000 Marrakech, with an identity proof.
This processing has been authorized by the National Control Commission for the Protection of Personal Data (CNDP) under the declaration n° D-GC-93/2016 of 05/04/2016.
17. General provisions
The invalidity of one of the provisions of the Agreement entered into with Genious Communications under a law or a regulation or as a result of the final judgment of a court of competent jurisdiction, shall not invalidate the other provisions of the Agreement, which will remain in full force and effect.
In such event, the Parties shall, to the extent possible, replace the void provision with a valid provision that corresponds to the object of the Agreement terms and conditions.
17.2. Absence of waiver
Not enforcing, at any time, any of the Agreement terms and conditions and/or tolerating a breach by the other Party of its obligations shall not be construed as a waiver by Genious Communications of any of the Agreement’s Terms and Conditions.
17.3. Modification of the Agreement
Genious Communications may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to Genious Communications Website.
Genious Communications shall notify the Customer of changes or modifications to this Agreement by email or via its Customer Area.
If the Customer does not agree to be bound by this Agreement as last revised, the Customer can cancel impacted Services with letter acknowledgment of receipt within thirty (30) days after posting the changes and modifications. The Customer’s use of Genious Communications Website or Services after such changes or modifications have been made shall constitute the Customer acceptance of this Agreement as last revised.
18. Assignment of the Agreement
Neither Party is authorized to assign or transfer this Agreement without the other Party’s prior written consent.
Any mergers, absorptions or any other corporate reorganization operations that leads to the transfer of all or part of the assets of either Party shall be notified to the other Party.
If the reorganization’s operation is for the benefit of a direct competitor of the other Party, the concerned Party shall terminate the Agreement immediately and without compensation.
19. Applicable law and jurisdiction
This Agreement shall be subject to the applicable laws in force in Morocco.
All judicial proceedings instituted shall be filed with and heard by the courts having jurisdiction in the judicial district of Morocco. The language of the proceedings shall be French.
If the Customer is not considered as a Consumer as defined in the Moroccan Consumer Law n° 31-08, judicial proceedings instituted shall be filed with and heard by the courts having jurisdiction in the judicial district of Marrakech (Morocco).
20. Consumers Specific Provisions
Provisions below apply exclusively to Customers having the status of Consumer as defined in the Moroccan consumer law n° 31-08.
20.1. Additional Provisions
a) Services Availability
b) Cancellation right
- Genious Communications undertakes to provide the Services to the Customer within no more than fifteen (15) days following the payment date. If the Service is not provided to the Customer within the period above, the Customer may cancel his Order by mail with acknowledgment of receipt or by creating a ticket in its Customer Area, specifying "Cancellation for lack of availability" in the subject. The paid amount shall be refunded within fifteen (15) days following the Order’s cancellation.
According to the terms of the Articles 36 et seq of Moroccan Consumer Law n° 31-08:
- The Consumer Customer has the right to cancel his Order within seven (7) days without giving any reason and penalties by sending Genious Communications a written notice with acknowledgement of receipt with a clear statement.
- Genious Communications undertakes to activate and/or deliver the ordered Service within no more than fifteen (15) days following the order’s receipt confirmation.
- According to the terms of the Articles 37 of Moroccan Consumer Law n° 31-08, the Consumer Customer may obtain refund of the total paid amount within no more than fifteen (15) days following the date of the cancellation request.
- However, according to the terms of the Articles 38 of Moroccan Consumer Law n° 31-08, the Consumer Customer cannot exercise his cancellation right, in particular for Services that were activated before the seven (7) days of cancellation, for the personalized Services or Services that cannot be reshipped.
- The Consumer Customer is informed, in the STC of the Service he orders, whether or not he can exercise his cancellation right.
20.2. Overriding provisions – Jurisdiction (override the article 20)
According to the terms of the Articles 202 of Moroccan Consumer Law n° 31-08, all judicial proceedings instituted shall be filed with and heard by the courts in the Consumer Customer’s current domicile or where the Service was delivered.
ANNEX : DEFINITIONS ET INTERPRETATION
“Order”: means any subscription by the Customer to Genious Communications Services.
“Consumer”: means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.
“Customer Account”: refers to the account that the Customer created in order to subscribe to Genious Communications Services.
“Content(s)”: information, data, files, systems, applications, websites and other elements reproduced, hosted, collected, stored, transmitted, broadcast, published, and more generally used by the Customer for the use of the Services.
“Incidents”: Refers to events causing an interruption or malfunction of the Services of the Customer.
“Domain Name”: A series of characters (e.g. genious) associated with an extension (e.g. .com, .ma, etc.) forming a familiar name referring to the website’s name associated with an IP address.
“Genious Communications Website”: refers “www.genious.net”, “cloud.ma”, “mybusiness.ma” or any other derivative website owned by Genious Communications.
The titles and headings of this Agreement are inserted only as a matter of convenience. They shall not be utilized in any way to construe or interpret the Agreement of the Parties as otherwise set forth herein.
Words importing the singular include the plural and vice versa.
Any phrase introduced by the terms “including”, “include”, “in particular”, “for example”, “such as” or any similar expression shall not limit the sense of the words preceding or following such terms.