Special Terms of Sale and Use : Premium Shared Hosting (Wordpress and E-commerce)

These are the Special Terms of Sale and Use : Premium Shared Hosting (Wordpress and E-commerce) of Genious Communications S.A.R.L.
This document was last updated on 17 / 12 / 2020

Preamble

These Special Conditions of Sale and Use (hereinafter referred to as “STU”) form the Agreement (“Agreement”) between Genious Communications and any person subscribing to Genious Communications’ shared hosting service (hereinafter the “Customer”) and sets forth the terms and conditions of Your use of Premium Shared Hosting (WordPress & e-commerce) Services.

By using the Shared Hosting 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 Premium Shared Hosting’s Special Terms of Use and their appendices govern the Customer’s use of Genious Communications’ following services:

  1. WordPress hosting;
  2. E-commerce hosting.
These Special Conditions and their Appendices shall prevail over the General Conditions if a contradiction appears between these documents.

2. Amendment of the Contract

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

3.1. WordPress Hosting

The WordPress hosting service is suitable for high-traffic sites, WordPress sites and press sites. With WordPress hosting, the Customer has a specific computer equipment and an exclusive IP address.

3.2. E-commerce Hosting

The e-commerce hosting service is a premium shared hosting service offering all the necessary tools to ensure the proper functioning of the Customer's e-commerce platform. In these two types of hosting, WordPress and e-commerce, Genious Communications takes care of the operational management, security and backup of the hosting environment.

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 is obliged to respect the volume of traffic and storage space authorized by the hosting offer and the options to which he has subscribed.

6. Obligations and Liability of Genious Communications

6.1. Genious Communications’ Obligations

Genious Communications undertakes to provide a good service in accordance with the profession’s practices and the art’s state. It only responds to an obligation of means.

Genious Communications is committed to:

  1. Ensure access to the Service 24 hours a day, 7 days a week, whenever possible, every day of the year;
  2. Protect, as far as possible, its hosting platform;
  3. Inform, as far as possible, the Customer, within a reasonable time, by e-mail or via the Customer Area, of a possible Service interruption, so that the Customer can take the necessary measures;
  4. To take all necessary measures to maintain the Service in the event of a grave incident affecting the operation of Genious Communications Web hosting platform. This measure may consist of switching the Service to a new hosting 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;

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 hosting 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 Hosting Service subscribed to by the Customer in accordance with the GTSU.

6.3. Limitation of Genious Communications liability

Genious Communications cannot be held responsible for the content of the information, sound, text, images and data accessible on the sites hosted on the Customer's Website and/or on its Customer Space, nor for any failure originating from the Customer's misuse of the Service.

7. Obligations and responsibility of the Customer

7.1. Client's Obligations

The Customer undertakes and agrees to:

  1. Respect the rights of third parties, including intellectual property rights of third parties such as copyrights, patent or trademark rights;
  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 hosting platform;
  4. To take personal responsibility for any claim against Genious Communications relating to the Client's obligations under this Agreement, and to pay directly to the claimant any amounts that the claimant may require from Genious Communications.

The Customer undertakes and agrees not to:

  1. Use Genious Communications' servers and website as a source, intermediary, to make abusive and/or illegal uses that threaten the stability and security of Genious Communications' network or cause disruption to the Genious Communications Services;
  2. Using SPAM;
  3. Use software or run scripts that cause the server to load to an unreasonable level. This level is determined at the sole discretion of Genious Communications.

In addition, the Customer assures Genious Communications that he has obtained all the necessary authorizations in terms of copyright and that he is the holder of all the intellectual property rights on all the pages and data that he has hosted at Genious Communications.

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. Client's liability

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 copies of its website or server content;
  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.

8. Specific provisions for technical support plans

For all the packs available on the Genious Communications website, support by e-mail is included and is provided according to the provisions set forth in the GTSU.

However, in the case of WordPress hosting, the support requested via a phone call is charged in the "Advanced Pack". It is however free in the "Professional Pack" and the "Enterprise Pack".

APPENDIX 1: DEFINITIONS AND INTERPRETATIONS

1. Definitions

"Server": Computer devices managed by Genious Communications, on which data storage is performed.
"Script": A program executed by the web server that sends an HTML code automatically created by the server to the user's browser.
"Shared hosting": Internet hosting in a technical environment whose main characteristic is to be shared by several users.
"IP Address": A number that identifies Internet each connected equipment. Interface with the computer network of any computer 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: LIMITATIONS OF USE

PHP and MySQL

The Customer can create and run his own PHP and/or MySQL on his own account. This use must be reasonable.

However, in order to provide a quality service, Genious Communications reserves the right to stop the Service if its use endangers the functioning of the Genious Communications hosting platform.

Genious Communications will make every effort to notify Customers who use scripts that use a high percentage of system resources before suspending them.

APPENDIX 3: SERVERS LOCATION

Genious Communications data center located in Canada

For Customers who have subscribed to premium shared hosting, 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).