1. Purpose:
1.1. NINDO HOST SARL provides web hosting and/or domain name services.
1.2. The purpose of this contract is to define the technical and financial terms under which NINDO HOST SARL and the customer mutually agree.
2. Server Access and Managed Services:
2.1. NINDO HOST SARL undertakes to make every effort to ensure the availability, continuity, and quality of the services it provides.
2.2. However, NINDO HOST SARL reserves the right to temporarily suspend access to the servers on an exceptional and brief basis for maintenance or service improvements.
2.3 Managed Services for Dedicated Servers and VPS/Cloud:
2.3.1 One-time managed services are billed by the hour for a specific task. Depending on the task you have entrusted to us, we will provide you with an estimated duration of the service in advance.
– Setting up your server according to your needs, updating the operating system…
– Installing or updating software, an email server, a web server, a business application…
– Configuration of various Apache modules…
– Securing your server, installing a firewall…
– Handling a technical incident
– Implementing a backup policy
– Setting up the necessary accounts for installing your websites (FTP, MySQL, etc.)
2.3.2 Monthly Managed Services Contract:
Installation of the operating system and various software programs tailored to your initial needs (operating system selected by the partner)
Monitoring of your server and the various hosted services
Setting up backups for your server
Setting up a firewall
Single point of contact: technical support via ticket and phone
Regular updates to the operating system and various software programs
Installation of security patches
3. Support
NINDO HOST SARL provides customers with technical support via email, phone, and live chat.
4. Service Prices, Billing, and Payments:
4.1. The prices for the services offered are those listed on the nindohost.ma website; they are exclusive of taxes and are payable in Moroccan dirhams (Dhs), euros, or U.S. dollars (USD), in advance and upon receipt of the pro forma invoice, for an annual, semiannual, quarterly, or monthly period.
4.2. Invoices are payable in advance and upon receipt for the period specified on the invoice. Payment may be made, at the customer’s discretion, via bank transfer, Moroccan credit card, cash, La Poste CCP, Wafacash, or any other payment method offered by NINDO HOST SARL.
4.3. In the event of a late payment, NINDO HOST SARL may suspend the provision of services and/or terminate the contract with immediate effect and without compensation.
4.4. Accounts and servers for which payment is not received by the due date are considered abandoned and will be terminated.
5. Liability:
5.1. Under no circumstances shall NINDO HOST SARL be held liable as a result of any action or claim by a third party; the customer shall indemnify NINDO HOST SARL against any potential judgment in this regard, in particular due to:
information, images, audio, text, or videos that violate applicable laws and regulations, or content published on the customer’s website(s).
the infringement of intellectual property rights relating to works published, in whole or in part, on the customer’s website(s) without the author’s consent.
the suspension and/or termination of accounts, in particular as a result of non-payment of amounts due under this contract, and more generally due to the customer’s failure to fulfill its obligations as set forth in these terms and conditions.
5.2. Furthermore, given the characteristics and limitations of the Internet, with which the customer acknowledges being fully familiar, NINDO HOST SARL shall not be held liable for, among other things:
Difficulties accessing the hosted website due to network congestion at certain times, or virus infection of the customer’s data and/or software, the protection of which is the customer’s responsibility.
Malicious intrusions by third parties into the customer’s website, despite reasonable security measures having been implemented.
Any misappropriation of passwords, PINs, and more generally any information of a sensitive nature to the customer.
5.3. It is contrary to the Code of Conduct for the customer to engage in or participate in any of the following activities:
Sending mass emails to individuals who have not requested them (“junk mail” or “spamming”). Thus, any mass sending of unsolicited email to recipients is strictly prohibited.
Unauthorized access to or attempts to gain unauthorized access to a computer system.
Hosting racist, pornographic, or illegal websites, as well as those containing hyperlinks to such sites.
5.4. NINDO HOST SARL reserves the right to terminate the hosting contract at any time if it becomes aware of a violation of any of the provisions of the above articles, or in the event of improper use of the FTP, HTTP, email, or database accounts, etc., resulting in technical damage to its servers.
In such cases, NINDO HOST SARL will not issue any refunds.
6. Security and Confidentiality Obligations:
NINDO HOST SARL must implement security measures for its premises and information systems to prevent all risks inherent in the processing and nature of the Client’s personal data, in order to:
- to prevent unauthorized persons from accessing computer systems processing personal data;
- to prevent storage media from being read, copied, modified, or moved without authorization;
- to prevent unauthorized entry of data into memory and any unauthorized disclosure, modification, or deletion of stored personal data;
- to prevent unauthorized persons from using data processing systems through data transmission facilities;
- to guarantee that authorized users of a data processing system can only access the personal data that their access rights allow them to view;
- to keep a record of personal data that has been shared, from the moment it was shared and its recipient;
- to ensure that it will be possible to verify a posteriori which personal data have been processed, when and by whom;
- to ensure that it will be possible to verify retrospectively which personal data has been processed, when, and by whom;
- to ensure that personal data processed on behalf of third parties can only be done in the manner prescribed by the contracting institution or body;
- to design its organizational structure to meet the requirements of data protection.
7. Service Restrictions and Limitations:
NINDO HOST SARL will make every effort to notify customers whose scripts are using an excessive percentage of system resources before suspending them. However, if the scripts cause problems for other customers or consume a significant amount of resources, they may be shut down without notice.
The customer is advised that use that does not comply with the above may render the website incompatible with the shared hosting platform.
NINDO HOST SARL is not liable for any claims or damages incurred by the customer due to data loss, or due to the inability to access the Internet, or to send or receive information.
NINDO HOST SARL performs backups, which may be used in the event of a system failure. However, NINDO HOST SARL does not offer data recovery services to its customers.
NINDO HOST SARL shall not be held liable for data loss, data corruption, difficulties or inability to access data, slow connection speeds, or any other system-related issues. NINDO HOST SARL may, at its sole discretion, limit or deny access to its servers if NINDO HOST SARL determines that such limitations or denials of access are necessary to preserve the security or integrity of the network.
8. Term, Renewal, and Termination of the Contract:
8.1. The contract is entered into for a term of one year, six months, three months, or one month, beginning on the date these terms and conditions are signed.
8.2. Subscriptions are not automatically renewed; the customer must pay the invoice in order for their service or domain to be renewed.
8.3. Any termination must be made by email, telephone, or certified letter addressed to: NINDO HOST SARL no later than one month before the contract’s anniversary date.
9. Duty to Provide Information:
The customer agrees to update their information (including changes to address, phone number, etc.) directly in their customer account with NINDO HOST SARL.
10. Applicable law - Jurisdiction:
This contract is governed by Moroccan law, and any dispute relating to the interpretation or execution of this contract will fall under the jurisdiction of the Commercial Court or any other court chosen by the client in Morocco.
Specific conditions related to the reservation of .ma domain names:
Indeed, the renewal of ".ma" domain names is possible for a chosen annual period (from 1 to 5 years). (See article 26 of the naming decision). https://www.anrt.ma/sites/default/files/2015-12-14-gestion-nom-domaine-ma-fr_0.pdf
Obligations and Rights of the Applicant/Holder
1. The Applicant or Holder acknowledges that they have read the provisions of the naming decision, that they accept to be bound by all its terms, in its version adopted and amended by ANRT. Said decision is available on the ANRT website: https://www.anrt.ma/sites/default/files/2015-12-14-gestion-nom-domaine-ma-fr_0.pdf
2. The Holder enjoys exclusive and personal use of the registered domain name during its validity period, in accordance with the applicable regulatory provisions.
3. At the time of registration or renewal of a domain name, any Applicant or Holder is deemed to have accepted the collection, storage, and processing of their data by ANRT, as well as the publication of "WHOIS" data.
4. The Holder is deemed to have accepted that some of their data may be transmitted by ANRT to competent authorities, or to a third party in accordance with the applicable legislation.
5. The choice, use, and operation of a domain name, as well as its associated subdomains, are the responsibility of the Holder. The Holder uses the registered domain name and its associated subdomains for their own needs, without infringing on the rights and interests of third parties.
6. The Holder is represented by a natural person, called the administrative contact, duly mandated for this purpose and established in Morocco. If the Holder is a natural person, they may also be the administrative contact.
7. The Holder acknowledges and agrees that the administrative contact is authorized by them to act as the Holder's representative in the context of the registration and management of the domain name. In case of a dispute between the Holder and their administrative contact during domain name management, the Holder's position shall prevail.
8. The Holder must provide the Provider with valid postal and email addresses for themselves, as well as valid postal and email addresses for their administrative contact.
9. The Holder must ensure that all information relating to the registration of a domain name, communicated to their Provider, is up-to-date, complete, and accurate. They are required to update it immediately in case of any changes. The Holder is obliged to verify that the data published on the "WHOIS" are complete and accurate and to promptly make necessary updates with the Provider.
10. The Holder can renew their domain name at any time in accordance with the naming decision. Upon the expiration of the domain name, the Holder must renew their domain name during the renewal grace period if they wish to maintain it.
11. Upon the expiration of a domain name, the Provider may terminate it if the Holder does not pay the associated renewal fees. At the end of the renewal grace period, the domain name is deleted by ANRT.
12. The Holder may terminate their domain name before its expiration date. The domain name has a termination grace period during which the Holder may re-register it.
13. The Holder has the right to request a change of Provider at any time, subject to compliance with the provisions of the naming decision and this agreement.
14. The Holder has the right to transfer their domain name to another person, provided that the terms of the naming decision and this agreement are respected.
15. The Holder undertakes to submit to the alternative dispute resolution procedure and any decision of ANRT concerning the registered ".ma" domain name. http://www.wipo.int/amc/fr/domains/rules/cctld/ma/index.html
Obligations and rights of the Provider
1. The Provider is required to inform the Holder of the expiration of their domain name thirty (30) days before its due date, and to allow them to renew their domain name at any time, before or during the renewal grace period.
2. The Provider must make changes related to domain names and Holders on the Registry whenever such changes are communicated to them by the Holder.
3. Upon termination of the domain name, the Provider is required to inform the Holder, specifying the termination grace period during which they can recover the terminated domain name at any time.
4. The Provider is required to provide Holders with a website containing their complete and up-to-date contact information. They must also publish on this site any changes made by ANRT to regulatory provisions and domain name registration and management procedures.
5. The Provider is required to inform the Holder of any information or notification concerning them as soon as it is received from ANRT.
6. The Provider must promptly inform the affected Holder of any freezing, blocking, or deletion of a domain name by ANRT, providing the reason as communicated by the latter.
7. At any time, and at the Holder's request, the Provider is required to provide them with the authorization code(s) for one or more domain names free of charge, within one (1) working day of receiving the request.
8. The Provider is required to assist Holders in registering, renewing, terminating, and transferring domain names, as well as updating the related information. They must provide all necessary support to Applicants and Holders of domain names to correctly provide the required information.
9. The Provider must not collect, use, or disclose any personal or other data related to a Holder for purposes other than those provided for by the registration and management of the Holder's domain names and in accordance with the applicable regulatory provisions. The use of this data must comply with regulations on the protection of natural persons with regard to the processing of personal data.