Special Terms of Sale and Use : Genious Mail Solution

These are the Special Terms of Sale and Use : Genious Mail Solution 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’ Mail Solution service (hereinafter the “Customer”) and sets forth the terms and conditions of Your use of Mail Solution Service.

By using the Mail Solution 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 Mail Solution Special Terms of Use and their appendices govern the Customer’s use of Genious Mail Solution Service.

These STU 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. Conditions for the performance of the service

The Genious Mail Solution Service is defined as an electronic messaging solution based on the Genious Mail Solution detailed in Appendix 1 that provides the following functionalities:

  1. Sending/receiving e-mails;
  2. Data storage.
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 his/her Genious Communications e-mail.

4. Service description

With the Genious Mail Solution, Genious Communications ensures the Customer:
  1. a dedicated IP address allowing it to avoid all the email routing problems encountered with traditional shared hosting;
  2. a synchronization of contacts/calendars of Genious Webmail with all peripherals (PC/Mac and mobile iOS/Android);
  3. a backup of all emails, contacts and calendar via our R1Soft Backup tool after every hour;
  4. mobile compatibility;
  5. SSL encryption;
  6. Cloud storage space in drag-and-drop directly to the Customer's Webmail with DAV Sync.
The Genious Mail Solutions packages differ in terms of storage capacity and the number of email accounts available. (Different packs available on https://www.genious.ma/fr/solutions-mail/solution-mail

5. 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.

6. Operating Terms

The Customer shall respect the traffic volume and storage space authorized by the hosting offer and options to which He has subscribed.

7. Genious Communications’ Obligations and Liability

7.1. 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 access to the Service 24 hours a day, 7 days a week, whenever possible, every day of the year;
  2. 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;
  3. To intervene quickly in the event of an incident;
  4. To take all necessary measures to maintain the Service in the event of a serious incident affecting the operation of the Customer's messaging system.

7.2. Limitation of Genious Communications’ liability

Genious Communications cannot be held responsible for the content of the Customer's e-mail or for any failure due to misuse of the Service by the Customer.

8. Customer’s Obligations and responsibility

8.1. Customer’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 sustainability of its business;
  3. Keep a copy of the data transmitted to your e-mail account;
  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 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.

8.2. Customer’s responsibility

The Customer is solely responsible for:

  1. Any loss or damage suffered by its messaging system;
  2. The conservation of independent backup copies of your email data;
  3. The security and confidentiality of all the contents of its messaging system.
Under no circumstances can Genious Communications be held liable for any loss, damage or destruction of any content belonging to the Customer.