Special Terms of Sale and Use : Dedicated and Cloud with system management

These are the Special Terms of Sale and Use : Dedicated and Cloud with system management of Genious Communications S.A.R.L.
This document was last updated on 17 / 12 / 2020

Preamble

These Special Terms of Sale and Use (hereinafter referred to as “STSU”) form the Agreement (“Agreement”) between Genious Communications and any person subscribing to Genious Communications’ Dedicated Server and System Management or Cloud Server and System Management Services (hereinafter the “Customer”) and sets forth the terms and conditions of Your use of Dedicated and Cloud Server Service.

By using the Dedicated or the Cloud Server Services, the Customer acknowledges that He has read, understand and agree to be bound by all the terms and conditions of this Agreement, and further agrees to be bound by the terms of this Agreement for transactions entered into by anyone who uses the account, whether or not the transactions were on the Customer’s behalf and/or authorized by Him.

1. Subject

These Special Terms of Use and their appendices govern the Customer’s use of Genious Communications’ Dedicated Server and System Management or Cloud Server and System Management Services.

These STU and their Appendices shall prevail over the General Conditions if a contradiction appears between these documents.

2. Contract Amendment

These STU may be modified, in accordance with the GTSU, in order to take into account any technical or legal evolution.

The use of Genious Communications’ services and its website after any such changes constitutes Your acceptance of those changes.

3. Service’s performance Conditions

Genious Communications provides the Customer with different categories of servers as described on Genious Communications Website as well as a bandwidth whose capacity varies according to the offer to which the Customer has subscribed.

Genious Communications will send the Customer an e-mail confirming the activation of the Service, providing the Customer with the codes allowing him/her to access the Service on Genious Communications server platform.

3.1. Dedicated Server

Genious Communications will supply, configure and deliver the server within twenty-four (24) hours after the Customer's payment of the order.

3.2. Cloud Server

Genious Communications will deliver the server within five (5) minutes after the Customer's payment of the order.

3.3. System Management

System Management refers to the delegation, by the Customer to Genious Communications, of the operational management and the hosting securing of its website and/or application under the following conditions.

3.3.1. “Managed” type of System Management

For Customers who have subscribed to the “Managed” Support option, Genious Communications takes charge of the administration and the management of the Customer's server, namely:

  1. Server configuration;
  2. Software updates management (server) (major and minor);
  3. Server’s security update;
  4. Incident management with hierarchical and functional escalation;
  5. Assistance, in accordance with the provisions of Appendix 1 "Assistance and Incident Management";
  6. Server’s remote backup with R1Soft (100 Gigs space and a retention period of one week)

3.3.2. “Fully Managed” type of System Management

For customers who have subscribed to the “Fully Managed” Support option, Genious Communications provides the following services as part of the Managed Services package in the event of an incident, change request or preventive maintenance:

  1. Servers set up;
  2. Software updates management (server) (major and minor);
  3. Implementation of security strategies (Imunify, WAF, Server Access Matrix, ...);
  4. Incident management with hierarchical and functional escalation;
  5. Assistance, in accordance with Appendix 1 “Assistance and Incident Management”;
  6. Quarterly report of the Fully Managed System Management performance (consumption reporting, incident report, ...);
  7. Server’s remote backup with R1Soft (250 Gigs space and a retention period of one month).

4. Term of Contract

This Agreement shall begin upon the date of the service’s activation and shall remain in force throughout the term chosen by the Customer, unless the Service is terminated in accordance with the terms set forth in the GTSU.

5. Operating terms

The Customer shall to respect the volume of traffic and storage space available on the server to which he has subscribed.

6. Obligations and Liability of Genious Communications

6.1. Genious Communications’ Obligations

Genious Communications undertakes to take all the care and diligence necessary to provide a quality service in accordance with the practices of the profession and the state of the art. It only responds to an obligation of means.

Genious Communications is committed to:

  1. Ensure the Dedicated and the Cloud Servers’ network operability and connectivity, and the operability of the Dedicated Server’s hardware;
  2. Not to act on the hosted data without the express request of the Customer;
  3. Protect, as much as possible, its platform from;
  4. Inform, as far as possible, the Customer, within a reasonable time, by e-mail or via the Customer Area, of a possible interruption of the Service, so that the Customer can take the necessary measures;
  5. To intervene quickly in the event of an incident;
  6. Take all necessary measures to maintain the Service in the event of a serious incident affecting the operation of the Genious Communications server platform. This measure may consist of switching the Service to a new platform for the duration of the incident or maintenance. During this period, the Customer acknowledges that the performance of the Service may be partially degraded.
Plus, for the Clients who have subscribed to the “Managed” option, Genious Communications undertakes to implement the means necessary for the proper execution of the Service. Genious Communications guarantees the technical competences of its personnel, in particular as for the level of qualification of the people assigned to the performance of the Service. However, for the Customers who have subscribed to the “Fully Managed”, Genious Communications undertakes to advise, assist and warn Customer in accordance with the provisions of this Agreement and in a spirit of loyalty and bona fide.

6.2. Additional rights

Genious Communications reserves the right to interrupt the Service to a Customer, particularly if the use of the Service by such Customer constitutes a danger to the maintenance of the security of Genious Communications' web server platform. Genious Communications undertakes to restore the Service to the Customer as soon as the Customer has notified Genious Communications that He has made the necessary corrections.

On the other hand, depending on the facts’ seriousness, Genious Communications reserves the right to terminate the Dedicated or the Cloud Server Service subscribed to by the Customer in accordance with the GTSU.

6.3. Limitation of liability of Genious Communications

Genious Communications cannot be held responsible for the content of the Customer's server and/or Customer Space, nor for any failure resulting from the Customer's improper use of the Service.

7. Customer’s Obligations and responsibility

7.1. Customer’s Obligations

The Customer undertakes and agrees to:

  1. Carefully study the available configurations to select the one with the characteristics that correspond to His needs before choosing and using His Dedicated or Cloud Server;
  2. To set up the necessary means of safeguard for the sustainability of its business;
  3. Keep a copy of the data transmitted and stored on the Dedicated or Cloud Server Service;
  4. To take personal responsibility for any claim against Genious Communications arising in connection with the Client's obligations under this Agreement, and to pay directly to the claimant any amounts that the claimant may require from Genious Communications;
  5. Not SPAM.
In addition to this, the Customer assures Genious Communications that he has obtained all the necessary copyright permissions and is the owner of all intellectual property rights to all data on its server.

In the event the Customer violates the above-mentioned terms, Genious Communications may, ipso jure and without notice, terminate this Agreement. In such cases, the Customer will not be entitled to reimbursement by Genious Communications of any paid sums.

7.2. Customer’s liability

The Customer may himself install software on his Dedicated or Cloud Server under his own responsibility.

In addition, the Customer is solely responsible for:

  1. Any loss or damage suffered by its website or the content of its server;
  2. The conservation of independent backup and archive copies of its website or server content. In this respect, the Customer confirms having all the technical knowledge necessary to carry out the backup of the data stored on the resources placed at its disposal by Genious Communications;
  3. The security and confidentiality of all content on its website or server transferred to or stored on Genious Communications' servers.
Under no circumstances can Genious Communications be held liable for any loss, damage or destruction of any content belonging to the Customer.

APPENDIX 1: DEFINITIONS AND INTERPRETATIONS

1. Definitions

"Dedicated Server": Physical IT devices managed by Genious Communications, on which data storage is performed.

"Cloud Server": Virtual IT devices servers based on KVM managed by Genious Communications, on which data storage is performed.

"IP Address": A number that identifies each Internet connected equipment. Interface with the computer network of any IT equipment.

"Bandwidth": The transmission capacity of a transmission link. It determines the amount of information (in bits/s) that can be transmitted simultaneously.

2. Interpretations

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.

APPENDIX 2: ASSISTANCE AND INCIDENT MANAGEMENT

1. Genious Communications Assistance resort

The Customer who have subscribed to Dedicated server and System Management with the “Managed” option acknowledges and accepts that the total interventions of the Genious Communications Support team shall not exceed two (2) hours per month.

On the other hand, the Customer who have subscribed to Dedicated server and System Management with the “Fully Managed” option acknowledges and accepts that the total interventions of the Genious Communications Support team shall not exceed five (5) hours per month.

2. Incident Management

If an Incident is reported, Genious Communications Support team will carry out the necessary investigations in order to identify the cause of the malfunction encountered and establish a diagnosis. Genious Communications is expressly authorized by the Customer to connect to the Customer's Services and to carry out any operation necessary to establish the diagnosis.

Genious Communications support team undertakes to inform the Customer within an average period of thirty (30) minutes from the time of the occurrence of the incident.

The Customer undertakes to remain permanently available in order to collaborate with Genious Communications’ team in the diagnosis and resolution of the Incident, in particular by providing it with any additional information, and by carrying out all the necessary tests and verifications.

As part of the management of incidents impacting Customers who subscribed to the “Managed” option, Genious Communications undertakes to:

  1. Process Major Incidents within two (2) hours of their occurrence;
  2. Resolve all requests and incidents within a maximum of four (4) hours starting from the time of reporting or finding the incident.
However, for Customers who subscribed to the “Fully Managed” option, Genious Communications undertakes to:

  1. Process Major Incidents within thirty (30) minutes of their occurrence;
  2. Resolve and process all requests and incidents within a maximum of two (2) hours starting from the time of reporting or observation of the incident.

APPENDIX 3: DEDICATED SERVERS LOCATION

1. Genious Communications data center located in Morocco

For Customers who have chosen hosting in Morocco, the servers where their data are stored are hosted by the company Genious Communications in a Data Center which is located in Nouacer, Casablanca, Morocco, ensuring a sufficient level of privacy protection and fundamental rights and freedoms of individuals 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).

2. Genious Communications data center located in Canada

For Customers who have chosen hosting in Canada, the servers where their data is stored are hosted by the company Genious Communications in a Data Center which is located in Canada, a country included in the list of states established in the Deliberation No. 236-2015 of December 18, 2015 of the CNDP, ensuring a sufficient level of privacy protection and fundamental rights and freedoms of individuals 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).