Terms and Conditions of Sale
1. Scope
E-solution is a limited liability company with a share capital of MAD 150,000.00, registered in the trade register under No. 277355, with its registered office at Lot Amine No. 115, Sidi Maarouf, Casablanca.
These general terms cover the offer and services provided by E-solution on its website www.e-solution.ma (hereinafter the “Site”).
The offer is non-binding. By accepting it (in writing or electronically) or by using the service, the client (hereinafter “the client”) accepts the general terms and conditions, including the other integral parts (in particular the rules of conduct, the price list and the payment terms) of the contract with E-solution.
2. E-solution's services and rights
2.1.E-solution provides Internet hosting services and domain name sales under the terms of the hosting plan ordered. E-solution provides its services within the operating framework available to it. E-solution may use third parties to provide the service.
2.2.E-solution may adapt the service for factual reasons. Changes to the service take effect once the client has been informed by letter, email or any other appropriate means. Clients approve the version valid at any given time by using the service. Article 4.3 applies to price increases.
2.3.If a competent authority reports illegal use of the service provided by E-solution, if such use is evident, or if there is a reasonable suspicion of such use, in particular based on information from a third party, E-solution may require the client to use the service in accordance with the contract, suspend the service indefinitely and/or terminate the contract with immediate effect and without compensation. E-solution reserves the right to take other measures in the event of illegal use of the service or similar suspicion. E-solution may take the same measures when the client does not comply with the contractual provisions.
2.4.E-solution acquires an Internet domain name at the client's request and expense. This domain name becomes the client's property once the fees for its registration, annual maintenance and activation have been paid to E-solution.
2.5.E-solution can be contacted by any of the means provided on the contact page of its website. E-solution undertakes to update this information within 24 hours in the event of any change.
2.6.The services offered by E-solution are not geographically limited; they can be ordered internationally.
3. Client's responsibilities and obligations
3.1.The client is responsible for the information (language, images, sounds, computer programs, databases, audio/video files, etc.) that the client and third parties communicating with the client have transmitted or processed by E-solution with the client's consent, distribute or make available for consultation. The client is also responsible for references (in particular links) to such information.
3.2.Publishing or installing redirect scripts to unlawful information (in particular depictions of violence, pornography, discrimination, abuse, incitement to violence or crime, gambling, infringement of copyright, trademark or other intellectual property rights, violations of personality rights, etc.).
The client acknowledges the rules of conduct, general terms and conditions and terms of use appropriately communicated by E-solution (in particular on the E-solution website or by email). The client must observe netiquette.
3.3.The legal requirements of Morocco and other countries must be observed when using the service.
3.4.The client is responsible for putting the information online.
3.5.If E-solution registers an Internet domain name for the client, the client acknowledges the contractual terms of the registrar responsible for assigning the domain name. The client has no claim against E-solution in connection with the acquisition of domain names. Under no circumstances is E-solution responsible for registration in online or offline directories, member lists, etc. The client bears the registration costs.
3.6.The client ensures that the user ID and password are not known to other persons and that information about them is not made accessible.
3.7.The client undertakes not to send bulk email to people who have not requested it (“junk mail” or “spamming”). Sending any email not solicited by its recipients is strictly prohibited. A spam complaint from a user will result in suspension of the hosting contract with immediate effect and without compensation. This also includes spam sent through a misconfigured script on the client's website that allows its features to be accessed from outside the server.
3.8.The client may create and run dynamic scripts (PHP, MySQL…) in their own hosting space. This use must be reasonable; however, in order to provide a good quality service, we reserve the right to suspend sites using scripts that consume a large percentage of system resources and thereby jeopardize the proper operation of the hosting server, or to terminate the contract with immediate effect and without compensation. Most of the time, this problem occurs on shared hosting plans hosting streaming websites (audio/video), online gaming sites, very high-traffic news sites, or when the plan is used as storage, archiving or file-sharing space. In this case, the client must choose a solution suited to their needs.
3.9.Uploading malware, files containing viruses or malicious scripts is strictly prohibited. If such files are detected, E-solution may suspend the service indefinitely and/or terminate the contract with immediate effect and without compensation. This measure also applies if malicious files are injected by hackers through unsecured scripts, or outdated CMS, modules and plugins on the client's hosting plan.
4. Billing and payment terms
4.1.E-solution services are prepaid; the client must pay before the service is activated.
4.2.In the event of late payment for renewal, E-solution may suspend the service and/or terminate the contract with immediate effect and without compensation.
4.3.E-solution reserves the right to change its prices at any time. E-solution announces any price increases in good time, so that the client can terminate the contract within the notice period. Without written termination within this period, the changes are deemed accepted by the client.
4.4.To pay for an order, the client must choose a payment method among those offered by E-solution (check, bank deposit / bank transfer).
4.5.The client may exercise their right of withdrawal in accordance with legal provisions. To do so, the client must contact E-solution to notify their intention to return all or part of the order within 30 calendar days from the activation date. Failure to comply with this return obligation as stated above will be considered a waiver by the client of their right of withdrawal. This right of withdrawal applies only to web hosting services.
4.6.The client must check that the products activated following their order are compliant. If, after their order has been processed, the client finds they have received a service that does not match the one ordered, they must contact E-solution's sales department within 48 hours of service activation so that the delivered service can be replaced with the one originally requested. Any claim made after this period will be rejected and E-solution will be released from all liability.
5. Warranty and liability
5.1.E-solution's warranty and liability
- 5.1.1.E-solution does not guarantee the trouble-free operation of the service. E-solution cannot guarantee uninterrupted service, service at a specific time, or the quality of stored and transmitted data. E-solution is not responsible for the inadvertent publication of data or for its deterioration or deletion.
- 5.1.2.E-solution is not liable for claims or damages incurred by the client or the client's customers, in particular for damages due to data loss, the inability to access the Internet, or the inability to send or receive information.
- 5.1.3.E-solution cannot be held liable for fraudulent use and third-party damages, for security flaws in telecommunications networks and the Internet, or for the costs of repair and support services.
- 5.1.4.E-solution is not liable for service interruptions used for troubleshooting, maintenance, the introduction of new technologies or similar purposes.
5.2.Client's warranty and liability
- 5.2.1.The client is liable to E-solution for all damages relating to the breach of their responsibilities and contractual obligations.
- 5.2.2.If E-solution, a board member, a manager or an employee of E-solution is subject to criminal, civil or administrative proceedings because of the unlawfulness of information offered by the client and/or is held accountable, the client is liable for the damage. Claims for compensation for moral damage are reserved.
- 5.2.3.E-solution is only bound to perform its obligations insofar as no event of force majeure prevents it from doing so.
6. Protection, publication and security of personal data
6.1.When processing personal data, E-solution complies with applicable Moroccan data protection and telecommunications law. E-solution does not sell or rent its clients' personal data.
6.2.E-solution reserves the right to disclose the client's identity at the request of third parties, and to require the client to disclose their identity in their online presence, in accordance with applicable regulations.
6.3.E-solution strives to take economically reasonable, technically feasible and proportionate measures to ensure the service. When using the Internet, the following data protection risks exist in particular for the client: unencrypted emails sent by the client may be read, modified, withheld or delayed by unauthorized malicious persons. The senders of these emails may be technically spoofed. Posts to discussion groups, forums and chats may be forged, falsified and exploited by malicious persons. These malicious persons may monitor Internet traffic and discover user names and passwords, especially on shared networks. Data encryption improves the confidentiality and reliability of information.
6.4.In any business contact with E-solution, the client must provide their true personal information.
6.5.The client agrees that the personal data they provide to E-solution may be used by E-solution for marketing purposes for E-solution services or products, and that E-solution may inform the client of attractive offers. Personal data is treated confidentially.
6.6.In accordance with Law No. 09-08 promulgated by Dahir 1-09-15 of February 18, 2009, on the protection of individuals with regard to the processing of personal data (No. D-325/2019), the Client has the right to access, rectify and object to the use of information concerning them. They may exercise these rights and obtain the information concerning them from the sales department by email, support ticket or postal mail.
The Client remains exclusively and fully responsible for the personal data processing they carry out on their own behalf and undertakes, with regard to such data, to comply with all legal and regulatory requirements relating to data processing, files and freedoms, and in particular to complete all appropriate prior formalities with the National Commission for the Control of Personal Data Protection (CNDP).
6.7.The client undertakes to maintain a valid email address and postal address; E-solution sends the client, by email, the codes and passwords needed to use its services. The client also has the right to delete their personal information if they have no active services with E-solution; to exercise this right, the client must send a request to E-solution's sales department through their client area.
6.8.E-solution does not use malware or adware on its website.
7. Confidentiality
The parties treat as confidential all information that is neither known to nor accessible by the public. In case of doubt, information must be treated confidentially. This confidentiality obligation exists before the contract is concluded and continues after it ends.
8. Contract term and termination
8.1.E-solution guarantees (in accordance with section 5) the contract term on a monthly, quarterly, semi-annual or annual basis, depending on the type of product and the term chosen by the client when ordering.
8.2.The contract between the client and E-solution may be terminated in writing by either party with 30 days' notice before the end of the contract term.
8.3.E-solution may terminate the contract with immediate effect and without compensation if bankruptcy or insolvency proceedings have been initiated against the client, in the event of illegal use, or following a report by a competent authority (see article 2.3).
8.4.The client may request cancellation of their order at any time before receiving confirmation that their service has been activated. E-solution reserves the right to refuse this cancellation request if an installation procedure has already begun; if E-solution accepts the request, the payment made will not be refunded but will be credited to the client's account for use on future orders.
9. Disputes - Competent jurisdiction
These terms and conditions of sale are governed by Moroccan law. E-solution and the client undertake to seek an amicable solution before taking any legal action. Any dispute arising from these terms will be brought before the court with jurisdiction over the consumer's domicile or place of residence, or the court of the place where the event causing the damage occurred, at the consumer's choice.
10. Legal notice
Website publisher and webmaster: E-solution SARL
Website host: E-solution SARL
If you have any problem browsing the website, you can contact E-solution directly at +212 5 22 97 30 36
