Special Terms of Sale and Use : SSL Certificates

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

By using the SSL certificates Service, 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 SSL certificates Special Terms of Use and their appendices govern the Customer’s use of Genious Communications’ SSL certificates 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. Term of the Contract

This Agreement shall be signed for a period of one (1) year. It shall begin upon the date of the service’s activation and shall remain in force as long as the STU are applicable.

4. Service Expiration

The Customer will be notified by Genious Communications of the expiration of his/its SSL Certificate. The Customer will receive an email notification fifteen (15) days, seven (7) days and three (3) days prior the expiration date of his/its Certificate and a notification on the day the Certificate expires.

5. Renew of the Service

An SSL Certificate cannot be renewed. The Customer will have to order a new one, which will be subject to the same validation process as the first order.

6. SSL certificate’s order cancellation

The Customer has twenty (20) calendar days from the date of the order to cancel his SSL Certificate order.

Customers can terminate an SSL Certificate online, through Genious Communications, via the termination form available on the Customer Space.

The Customer who has requested the termination of the SSL Certificate may ask Genious Communications, during the twenty (20) days mentioned above, for the refund of the Certificate amount he paid.

7. Revocation of the SSL Certificate

Only the SSL Certificate owner can request the certificate’s removal at any time, including before it expires. In such a case, the Customer must immediately stop using his SSL Certificate.

In the event of a revocation, Genious Communications will not make any refunds. Genious Communications will not be held liable for losses and damages caused during the period of time between the Client's request for revocation and the actual revocation carried out by Genious Communications.

8. Termination of the Contract

The termination of the Contract may be declared by either party with a notice of two (2) months duly notified. This termination is only valid after the notice period has expired. On the other hand, a revoked SSL Certificate cannot be renewed.

The Contract may be terminated as of right if a case of force majeure exceeds thirty (30) consecutive days, at the request of either party, without the right to compensation on either side.

In the event that any of the Parties fail to comply with its obligations under this Agreement, the aggrieved party must send a formal notice to the Defaulting Party. This formal notice must be the subject of a recommended letter with notice of receipt. The Defaulting Party must respond within 30 days of receiving this notice. Failing that, the Contract will be terminated as of right at the discretion of the aggrieved Party, without prejudice to damages to which the defaulting party could claim.

9. Assistance – SSL Certificate installation

Once the Certificate is validated and issued to the Customer, the Customer must install it on their server or cPanel hosting account.

Installing the same SSL Certificate on multiple servers is possible in most SSL Certificates, except for Symantecs that can only be installed on one server. The Customer can therefore choose to increase the number of servers to be secured from the order.

Here is the set-up and installation guide for Mutualises/cPanel accommodations: https://clients.genious.net/knowledgebase/85/Comment-configurer-et-installer-un-certificat-SSL.html

Customers can also call on Genious Communication's technical support team to install the SSL Certificate. Installation costs start from 150.00 Dhs H.T. and vary depending on the type of Certificate and the type of server on which the Certificate will be installed.

10. Client’s obligations and liability



The Customer states that he has verified all the information inserted while placing his order, including the name of the company, the address of the billing, the email address, ...). The Customer is solely responsible for this information.

The Customer is committed to working with Genious Communications teams to facilitate their response.

The Customer mandates Genious Communications to act as an intermediary with the Certification Authority in particular to accept subscription agreements with the Certification Authority and to proceed with the confirmation of its order with the Certification Authority. The Client expressly authorizes Genious Communications to provide the Certification Authority with any information requested within the strict framework of the provision of the SSL Certificate service.

The Certification Authority will proceed with the validation process for the SSL Certificate requested by the Customer. The customer will be contacted directly by the Certification Authority. Genious Communications reminds the Customer that, as part of the provision of the SSL Certificate service, genious Communications must provide Genious Communications with its accurate and regularly updated contact information.

The Customer acknowledges that the SSL Certificate may be subject to cancellation by Genious Communications or the Certification Authority in the event that the Customer provides incorrect contact information and information.

The Customer undertakes to be solely responsible for the hosting space of the site on which the SSL Certificate is installed and to have access to its management.

The Customer is required to obtain any authorization, permission or license that would be required to use the SSL Certificate and keep it in effect.

The Customer shall not use the SSL Certificate to transmit, receive, disclose, display or otherwise use information that would be illegal, abusive, contrary to public order, defamatory, threatening, or that would violate any copyright or other intellectual property rights of a third party.

In addition, the Customer agrees and agrees not to:

  1. Do not use The Certificates provided by Genious Communications to encrypt or validate the integrity of legal documents or Digital Signatures.
  2. Post, send, use or post any content that is defamatory, slanderous, obscene, harassing, threatening, abusive, racist, abusive, abusive, fraudulent, inciting to commit an unlawful act, or that violates intellectual property rights, privacy rights and contractual rights;
  3. Act in any way illegally to collect login data and/or passwords for other websites, third parties, software or services;
  4. Use a script or similar or equivalent manual process to access, acquire, copy or monitor any part of Genious Communications services (or its data and/or content) in order to obtain or attempt to obtain information, documents, services or information in a manner that is not made available by Genious Communications;
  5. Act in a manner that could be perceived as having a negative impact on Genious Communications' reputation or that would discredit or prejudice Genious Communications;
  6. Borrow the identity of any person or entity or provide false information to Genious Communications and/or the website, either directly or indirectly;
  7. Interfere with or infringe a Client's privacy or other rights, or collect or collect personal information about visitors or customers of Genious Communications without their free and informed consent;
  8. Sell, license or operate for commercial purposes any use of or access to Genious Communications services, except as expressly authorized by Genious Communications Conditions;
  9. Violate the conditions set by Genious Communications or any law governing your use of Genious Communications services;
  10. Access or use Genious Communications services for similar competitive analysis or to build a competitive product or service;
  11. Disable any measure restricting access to certain Genious Communications Services, a website, any other customer's account, computer hacking, password extraction, or other illegitimate or prohibited ways;
  12. Interfere with or disrupt the operation of any Genious Communications service;
  13. Use Genious Communications services for any form of spam, fraud, scam, phishing, or unethical marketing or advertising.

11. Genious Communications obligations and liability

Genious Communications' obligations under this Agreement are limited to an intermediary role between the Client and the provider providing the SSL Certificate, namely the Certification Authority.

Genious Communications is committed to providing 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 responds only to an obligation of means.

Genious Communications is committed to:

  1. Advising, assisting and warning the Client in accordance with contractual documents and in a spirit of loyalty and good faith;
  2. Do not act on SSL Certificates unless expressly requested by the Customer while guaranteeing their confidentiality;
  3. Implement the means necessary to ensure the proper performance of the Benefit entrusted to it. Genious Communications guarantees the technical skills of its staff, including the level of qualification of those assigned to the delivery;
  4. Technically assist the Customer in the event of an anomaly regardless of its nature and origin;
  5. Inform the Client of any planned changes to the SSL Certificate Management Platform two (2) days before the expected completion date explaining the change to be made and the reason for doing so;
  6. Inform the Client in the event of an incident, within a reasonable time and as far as possible, of the nature and duration of the intervention that Genious Communications will have to make, so that the Client can make his arrangements.
  7. Inform the Customer of the changes made necessary for an urgent imperative of security or continuity of service as soon as possible and no more than two days (2) days after their completion;
  8. Treat personal data transmitted by Client in a fair, lawful and consistent manner with the purpose of this contract, in accordance with the provisions of Law 09-08 relating to the protection of individuals with respect to the processing of personal data.
Genious Communications may, at its sole discretion and after notifying the Customer at least thirty (30) days in advance by e-mail, amend or terminate the SSL Certificate service in the event that the Certification Authority ceases operations or no longer has the right to issue SSL Certificates.

Genious Communications is solely responsible for any direct damage that may occur as a result of its agents during the duration of the Contract.

12. Additional rights

Genious Communications expressly reserves the right to refuse, cancel, terminate, suspend, lock or change access to any account or service for any reason, including:

  1. To carry out a technical intervention to restore the functioning of the services;
  2. To correct errors in the supply or provision of services;
  3. To respect court judgments against you and/or against applicable national and international laws, regulations and regulations;
  4. To comply with police requests, including subpoena requests;
  5. To respect any dispute resolution process;
  6. To avoid civil or criminal liability of Genious Communications, its directors, officers, employees and agents.


Genious Communications expressly reserves the right to terminate, without prior warning, all services in which, at the sole discretion of Genious Communications, you harass or threaten Genious Communications and/or Genious Communications employees.

Genious Communications reserves the right to offer Genious Communications products and services under separate tariff offerings.

13. Limitation of Genious Communications liability

In addition to the provisions in the section "Genious Communications Limitation of Liability" of the GTSU, the Client also accepts that in no case Genious Communications will be held responsible to the Customer for any loss incurred by the Customer as a result of the use of the SSL Certificate outside the scope of use as specified in these special conditions.

Genious Communications would like to point out that its role is that of intermediary with the Certification Authority. Thus, if the Certification Authority refuses to issue the SSL Certificate due to the client's ineligibility to the terms of the Certificate, Genious Communications is in no way responsible.

Subject to the "cancellation of the SSL Certificate" clause, no payment made by the Customer to Genious Communications under the SSL Certificate Service underwritten will be refundable.

In addition, Genious Communications cannot be held liable to the Customer for any loss or theft of the private key of the SSL Certificate would have subscribed or for any SSL Certificate misconfiguration.

Finally, Genious Communications cannot be held liable in the event that the certification authority issues the Customer, for some reason, an SSL Certificate on behalf of a company where the Customer has no rights and it turns out that the Customer is a cybersquatter and takes advantage of his SSL Certificate to profit unduly from his fraudulent website.

The certification authorities provide in such situations, according to the SSL Certificate issued to the Customer, guarantees of reimbursement protecting end-users, victims of the fraudulent act.

ANNEX 1: DEFINITIONS ET INTERPRETATIONS

1. Definitions

In these Special Conditions, and except where the context otherwise requires it, the under-mentioned terms and phrases have the following meaning:

"SSL Certificate": SSL is the English acronym for Secure Socket Layer. It refers to a standard protocol for securing data transmission over the Internet. An SSL Certificate is a Digital Certificate that is a series of data cryptographically linking a holder identified by his Private Key to a Public Key. An SSL Certificate may be awarded to an individual, a private or government organization, an educational institution, or a computer network component, such as the firewall, router, or other security hardware.

"Private Key": it is an encrypted and confidential electronic data file designed to link with a Public Key using the same encryption algorithm that can be used to create digital signatures, to decipher files or messages that have been encrypted with a Public Key.

"Public Key": it is a freely available encrypted electronic data file that is designed to link with a Private Key using the same encryption algorithm and can be used to verify Digital Signatures and encrypt files or messages.

"Domain Name": it is a string of characters (e.g. genious) associated with an extension (e.g., .ma, .net, .com, etc.) that is a familiar name associated with an IP address.

"Digital Signature": it means an encrypted electronic data file that is joined or logically linked to another electronic data, which identifies and is only attached to the signature of the electronic data, which is created through the signatory's Private Key and is linked so that it can make subsequent changes on detectable electronic data.

2. Interpretations

The terms used in the singular are also defined in the plural and vice versa.

Any phrase with the words "including," "including" "particularly," "for example," "such as" or any similar phrase cannot limit the meaning of previous or subsequent words.

Any reference to the Contract is defined as the Contract and its annexes, which are an integral part of it. References to the preamble, articles, paragraphs and appendices include the preamble, articles, paragraphs and annexes of the Contract.

French is the official language of this Contract. All documents, offers, technical notices, maintenance manuals, and correspondence must be written in French.

If a clause in these conditions is found to be null, unenforceable or illegal, then it will be deemed dissociable and will not affect the validity or applicability of the remaining clauses.

ANNEX 2: VALIDATION LEVEL ACCORDING TO SSL CERTIFICATES

Before issuing an SSL Certificate, the certification authorities ensure that the Customer who ordered the Certificate is the owner of the domain names he wishes to secure.

Depending on the type of SSL certificate, there are three levels of validation:
  1. Domain Validation Certificates (DV)
  2. Organization Validation Certificates (OV)
  3. Extended Validation Certificates (EV)

1. DV (Domain Validation)

DV Certificates are the fastest SSL certificates to generate. The domain name is validated by email, CNAME (DNS) or HTTP.

2. OV (Organization Validation)

This Certificate ensures that users of the websites of organizations have the identity and real existence of these organizations. The certification authority conducts this verification via the organization's legal documents and by contacting the organization by telephone.

The aforementioned organizations include companies, associations, government agencies, etc.

3. EV (Extended Validation)

The Extended Validation Certificate is highly recommended for companies wishing to have a guarantee of identity and a high level of security regarding the use of their websites when such use requires personal data collection or online payment, in order to protect their users' data. It can also be used by both major brands that are often targeted by phishing or cybersquatting as well as by lesser-known brands seeking to differentiate themselves from well-known ones.

The EV Certificate differs from other Certificates by displaying the company's name on the browser address bar when users visit the Customer's website that subscribes to an EV Certificate.

In order to issue an EV Certificate, the certification authority conducts an audit similar to that of OV Certificates, plus verification of the existence of a link between the organization and the domain name. This check may take several days. 

ANNEX 3: SSL CERTIFICATeS TYPES ACCORDING TO THE NUMBER OF DOMAIN NAMES TO SECUR

1. Multi-Domain Certificates

These Certificates allow you to secure several domain names or sub-domains as needed by the Customer.

The Customer chooses the number of SAN (Additional Domains) that he wishes to secure when ordering. (Example: genious.net, genious.ma, mail.genious.net etc.)

2. Wildcard Certificates

These Certificates allow the Client to secure a single domain name as well as all of its sub-domains with a single certificate (e.g. genious.net, www.genious.net, mail.genious.net etc.).