1.1. NINDO SARL provides web hosting and/or domain name services.
1.2. This contract aims to define the technical and financial conditions under which NINDO SARL and the client mutually commit.
2. Server access and management:
2.1. NINDO SARL commits to do everything in its power to ensure the permanence, continuity, and quality of the services it offers.
2.2. NINDO SARL reserves the right to temporarily and briefly suspend server accessibility for occasional maintenance or service improvements.
2.3 Server management for dedicated and VPS/Cloud servers:
2.3.1 One-time management is billed hourly for a specific task. Depending on the task you have assigned to us, we will provide an estimated duration of the intervention in advance.
– Server setup according to your needs, updating the operating system, etc.
– Installing or updating software, email servers, web servers, or business applications.
– Configuring various Apache modules, etc.
– Securing your server, installing a firewall, etc.
– Handling technical incidents.
– Implementing backup policies.
– Setting up accounts for your website installations (FTP, MySQL, etc.).
2.3.2 Monthly management contract:
Initial operating system and software installation based on your requirements (operating system chosen by the partner).
Server and hosted service monitoring.
Server backup implementation.
Single point of contact: technical support via ticket and phone.
Regular operating system and software updates.
Security patch installation.
NINDO SARL provides the client with technical support via email, phone, and live chat.
4. Service pricing, invoicing, payments:4.1. The prices for services offered are listed on the nindohost.ma website, are exclusive of taxes, payable in Moroccan Dirhams, Euros, or USD, and must be paid in advance upon receipt of the proforma invoice for an annual, semi-annual, quarterly, or monthly period.
4.2. Invoices are payable in advance upon receipt for the specified period, and payments can be made by the client through bank transfer, Moroccan bank card, cash, postal check, Wafacash, or any other payment method offered by NINDO SARL.
4.3. In case of late payment, NINDO SARL will suspend service delivery and/or terminate the contract with immediate effect and without compensation.
4.4. Unpaid accounts and servers at the due date are considered abandoned and will be terminated.
5. Responsibilities:5.1. Under no circumstances can NINDO SARL be held liable for any actions or claims by third parties; the client must indemnify NINDO SARL from any potential damages arising from:
Information, images, sounds, texts, or videos that violate applicable laws and regulations, contained within the client's website(s).
Violation of intellectual property rights related to works distributed, in whole or in part, on the client's website(s) without the author's consent.
Suspension and/or termination of accounts, particularly due to non-payment of amounts due under this contract or, more generally, non-compliance with the client's obligations set forth in these terms.
5.2. Moreover, given the characteristics and limitations of the Internet, which the client acknowledges, NINDO SARL cannot be held liable for:
Difficulty accessing the hosted site due to network congestion during certain periods, contamination of the client's data and/or software by viruses, for which the client is responsible for protection.
Malicious intrusions by third parties into the client's site, despite reasonable security measures in place.
Potential misappropriation of passwords, confidential codes, and any sensitive information for the client.
5.3. The client must not engage in or participate in any of the following activities:
Sending unsolicited mass emails to recipients who have not requested them ("Junk mail" or "Spamming"). Unsolicited mass email sending is strictly prohibited.
Unauthorized access or attempted access to a computer system.
Hosting racist, pornographic, or illegal websites or those containing hyperlinks to such sites.
5.4. NINDO SARL reserves the right to terminate the hosting contract at any time if it becomes aware of a breach of any of the above provisions or in case of improper handling of FTP, HTTP, MAIL, or database accounts, causing technical damage to its servers. In these cases, NINDO SARL will not issue any refunds.
6. Security and confidentiality obligations:
NINDO SARL must implement security measures for premises and information systems to prevent any risks inherent to 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 SARL will do its best to notify clients using scripts that consume a high percentage of system resources before suspending them. However, if the scripts cause problems for other clients or consume a lot of resources, they may be stopped without notice.
The client is warned that non-compliant use of the above may render the site incompatible with the shared hosting platform.
NINDO SARL is not responsible for any claims or damages arising from the client's loss of data, inability to access the Internet, or inability to send or receive information.
NINDO SARL performs backups, which may be used in case of system failure. However, NINDO SARL does not offer data recovery services for its clients.
NINDO SARL cannot be held responsible for data loss, data corruption, access difficulties or impossibilities, slow connections, or any other problems resulting from the system. NINDO SARL may, at its sole discretion, limit or deny access to its servers if it believes these limitations or refusals are necessary to maintain the security or integrity of the network.
8. Contract duration, renewal, and termination:8.1. The contract is concluded for an annual, semi-annual, quarterly, or monthly duration, starting from the date of signing these terms and conditions.
8.2. Subscription renewals are not automatic; the client must pay their invoice for their service or domain to be renewed.
8.3. Any termination must be made by email, phone, or registered letter addressed to NINDO SARL, no later than one month before the anniversary date of the contract.
9. Information obligation:The client agrees to update their information (such as change of address, phone number, etc.) directly on their customer account with NINDO 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.