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General Terms and Conditions of Sale

SAFOZI - Rock Solid Cloud Infrastructure

SAFOZI - Rock Solid Cloud Infrastructure

SAFOZI SARL, with a capital of 1,130,000 Tunisian Dinars,
Tax Registration Number: 1260271B/A/M/000 – Commercial Register: B24149482012,
Address: Rue Hedi Nouira, Residence Maya, Apt 6D, Ennasr II, 2037, Ariana, Tunisia.
This entire website is governed by Tunisian and international legislation on copyright and intellectual property.
All rights of reproduction are reserved, including for iconographic and photographic documents.

Generally, you can visit our website without disclosing your identity or providing any personal information.
However, we may sometimes request information from you. For example, to process an order, correspond with you, provide a subscription, or process a job application.
We may supplement this information to complete a transaction or offer better service.
SAFOZI’s clients and users comply with Tunisian Law No. 2004-63 of July 27, 2002, concerning the protection of personal data, by hosting its infrastructure in Tunisia. 

This agreement is concluded between:
SAFOZI SARL, Share Capital: 350,000 Tunisian Dinars, MF: 1260271B/A/M/000 RC: B24149482012, Rue Hedi Nouira, Residence Maya, Apt 6D, Ennasr II, 2037, Ariana, Tunisia, represented by Mr. Zied Ouled Ali, hereinafter referred to as SAFOZI,
and any natural or legal person, individual or professional, under private or public law, wishing to engage in one or more of the services provided by SAFOZI, hereinafter referred to as the Client. 

DEFINITIONS:
Technical Support: This service is responsible for advising the Client during the installation and use of their Service by providing the appropriate documentation.
Client: A natural or legal person who has signed the general and specific contractual terms and conditions of SAFOZI for any service subscribed to with SAFOZI.
Quote: A description provided by SAFOZI containing the future operations to be carried out and the applicable price for performing these operations.
Diagnostics: Investigations carried out by SAFOZI at the Client’s request to identify a malfunction of the Service.
Documentation: SAFOZI provides the Client with a set of tools and documentation accessible on the website www.safozi.com.
Client ID: A Client account for any service subscribed to with SAFOZI, allowing access to the management interface.
Incident: A problem or malfunction encountered on the Service and for which SAFOZI is responsible. The following are considered to be SAFOZI’s responsibility: hardware, network, and electrical problems…
Managed Services: Specific services performed by SAFOZI at the Client’s request and subject to billing.
Management Interface: The “Management Console” accessible on the SAFOZI website by the Client after logging in with their client ID and corresponding password.
Service: Refers to all services provided by SAFOZI in accordance with the contracts signed by the Client.
SAFOZI Website: The SAFOZI company website accessible via the internet at https://www.safozi.com.

Le Client reconnaît avoir vérifié l’adéquation du Service à ses besoins et avoir reçu de SAFOZI toutes les informations et conseils qui lui étaient nécessaires pour souscrire au présent engagement en connaissance de cause. 
Le présent contrat a pour objet de définir les conditions techniques et financières dans lesquelles SAFOZI s’engage avec le Client.
Les présentes conditions générales de service complétées le cas échéant par des conditions particulières et/ou annexes proposées par SAFOZI sont applicables, à l’exclusion de toutes autres conditions et notamment celles du Client, à toute commande par le Client de prestations de la société SAFOZI.
Les prestations offertes par SAFOZI à titre gratuit sont également régies par les présentes conditions générales de service.The Client acknowledges having verified the suitability of the Service for their needs and having received from SAFOZI all the information and advice necessary to enter into this agreement with full knowledge of the facts. 

The purpose of this contract is to define the technical and financial conditions under which SAFOZI engages with the Client.

These general terms of service, supplemented where applicable by any specific terms and/or appendices proposed by SAFOZI, apply, to the exclusion of all other terms and conditions, including those of the Client, to any order placed by the Client for services from SAFOZI.

Services offered by SAFOZI free of charge are also governed by these general terms of service.

SAFOZI undertakes to exercise all due care and diligence in providing a quality service in accordance with professional standards and best practices. SAFOZI is only bound by an obligation of means.

SAFOZI shall not be liable:
If the performance of the contract, or of any obligation incumbent upon SAFOZI hereunder, is prevented, limited, or disrupted by a force majeure event, including but not limited to fire, explosion, failure of transmission networks, collapse of facilities, epidemic, earthquake, flood, power outage, war, embargo, law, injunction, demand or requirement of any government, strike, boycott, withdrawal of authorization from a telecommunications operator, or other circumstance beyond SAFOZI’s reasonable control, then SAFOZI, subject to prompt notification to the Client, shall be relieved of the performance of its obligations to the extent of such impediment, limitation, or disruption, and the Client shall likewise be relieved of the performance of its obligations to the extent that such party’s obligations relate to the performance thus prevented, limited, or disrupted, provided that the affected party makes its best efforts to avoid or mitigate such causes of non-performance and that Both parties shall proceed promptly once such causes have ceased or been eliminated.
The party declaring the force majeure event must notify the other party within two (2) days of its occurrence.
Notification shall be made by email and must specify the nature of the force majeure and its impact on the performance of this agreement.
If the effects of a force majeure event last for more than 30 days from the date of notification of the force majeure event to the other party, the contract may be terminated automatically at the request of either party, without either party being entitled to compensation.
This also applies to events caused by the Client, particularly in the following cases:
Deterioration of the application.
Misuse of terminals by the customer or their clientele, fault, negligence, omission or failure on their part, failure to comply with advice given, disclosure or unlawful use of the password given confidentially to the Customer, fault, negligence or omission of a third party over which SAFOZI has no power of control or supervision.

Request for temporary or permanent interruption of service from a competent administrative or judicial authority, or notification from a third party, partial or total destruction of transmitted or stored information resulting from errors directly or indirectly attributable to the Client. SAFOZI’s liability for service failures resulting from proven fault on its part will be limited to direct, personal, and certain damages related to the failure in question, expressly excluding any indirect damages such as, in particular, commercial loss, loss of orders, damage to brand image, any commercial disruption, loss of profits or Clients (for example, untimely disclosure of confidential information concerning them due to system malfunction or hacking, third-party action against the Client, etc.).
In any event, the amount of damages that SAFOZI may be liable for, if its liability is established, will be limited to the amount actually paid by the Client to SAFOZI for the period in question or invoiced to the Client by SAFOZI, or to the amount corresponding to the price of the service, for the portion of the Service for which SAFOZI’s liability has been established. The lower of these amounts will be taken into consideration.
SAFOZI does not perform any specific backups of the hosted data. It is therefore the Client’s responsibility to take all necessary measures to back up its data in the event of loss or damage to the data entrusted to it, regardless of the cause, including causes not expressly covered herein.
The Client acknowledges that nothing in this agreement will release it from the obligation to pay all amounts due to SAFOZI for services rendered.

The Client warrants that they have the power, authority, and capacity necessary to enter into and perform the obligations set forth herein.
The Client agrees to provide SAFOZI with accurate and up-to-date contact and banking information when creating their account and whenever there are modifications to it.
The Client is solely and entirely responsible for the passwords required to use their Service. SAFOZI disclaims all liability for any illegal or fraudulent use of the passwords provided to the Client.
The provision of passwords is considered confidential. Any suspicion of disclosure, whether intentional or not, of the provided passwords is the sole responsibility of the Client, to the exclusion of SAFOZI.
If the Client requests a password change, SAFOZI reserves the right to charge for this service based on the time spent on the operation.
The Client shall bear sole responsibility for any service malfunction resulting from use by its staff or any person to whom the Client has provided its password(s). Similarly, the Client shall bear sole responsibility for the loss of the aforementioned password(s).
The Client undertakes to comply with all applicable laws and regulations, and in particular those relating to information technology, files, freedoms, and intellectual property, as well as the rights of third parties. Tea
Client further undertakes to obtain all necessary insurance from a reputable and solvent insurer to cover any damages attributable to it under this contract or its performance.
The Client declares that it fully accepts all legal obligations arising from the ownership of its services, and SAFOZI shall not be held liable or responsible in this regard for any reason whatsoever, including in the event of a violation of laws or regulations applicable to the Client’s services.
Failure by the Client to comply with the points referred to above and the points referred to in the special conditions, and in particular any activity likely to give rise to civil and/or criminal liability, shall entitle SAFOZI to disconnect and/or interrupt without delay and without prior notice the services of the Client and to terminate the contract immediately and automatically, without prejudice to the right to any damages to which SAFOZI may be entitled.

The Client agrees to pay directly to the claimant any sum that the claimant may request from SAFOZI. Furthermore, the Client agrees to intervene, at SAFOZI’s request, in any legal proceedings brought against SAFOZI and to indemnify SAFOZI against any judgments rendered against it in such proceedings. Consequently, the Client agrees to handle personally any claim and/or proceedings, regardless of their form, subject matter, or nature, brought against SAFOZI that relates to the Client’s obligations under this agreement.
The Client agrees to inform SAFOZI within 48 hours of any change in their situation and within 24 hours of any potential loss of passwords.
For all contact with SAFOZI, the Client agrees to clearly state their request, in accordance with standard practice.

1. Tools and Documentation Provided by SAFOZI:
SAFOZI provides the Client with a set of tools and documentation accessible at the following address: https://secure.safozi.com/submitticket.php.
This page also contains contact information for SAFOZI staff.
On this page, SAFOZI provides the Client with:
A set of technical documentation and guides to facilitate a better understanding and use of the Service (“Documentation”);
Communication tools to monitor the status of SAFOZI’s installations;
Interfaces to view the real-time status of SAFOZI’s network (currently being implemented);
Contact information for SAFOZI’s Technical Support;
An Incident Reporting Form;
Contact information for the Managed Services department for additional services that are billed separately (managed services, specific interventions, etc.).
Preliminary checks:
In the event of a Service malfunction, the Client is responsible for consulting the Documentation and performing the technical tests suggested by SAFOZI on the following page: https://blog.safozi.com. If the malfunction is not resolved, the Client must report the incident to SAFOZI Support.

2. Incident Reporting Procedure:
To report an Incident, the Client must complete the specific form available on the website and then in their management interface, where they will be able to find previous tickets containing the electronic exchanges between the Client and SAFOZI.
It is the Client’s responsibility to complete the form provided at https://secure.safozi.com/submitticket.php/ and to provide SAFOZI with as much information as possible about their problem to allow for a proper diagnosis.
To this end, the Client expressly authorizes SAFOZI and its staff to connect to their Service and to perform any operation necessary for the diagnosis, both hardware and software-related. SAFOZI reserves the right to refuse any intervention if, during its investigation, it finds that the Client is using the Service in violation of SAFOZI’s general and specific terms and conditions or applicable laws and regulations.
All exchanges between the parties, including electronic exchanges and telephone conversations, will constitute proof of the Client’s commitment to SAFOZI’s intervention.

3. Incident Handling and Diagnosis:
As part of this Incident Reporting Procedure, SAFOZI will conduct a diagnosis to determine the origin and cause of the malfunction. If, during its investigation, SAFOZI determines that the malfunction constitutes an Incident, meaning it falls under SAFOZI’s responsibility, the cost of the diagnosis will be fully covered by SAFOZI in accordance with the contractual terms applicable to the Service.
Conversely, if the diagnosis reveals that the Incident experienced by the Client is not SAFOZI’s responsibility or that its existence cannot be confirmed, the time spent by SAFOZI in conducting the diagnosis will be billed to the Client at a flat rate, as available on the SAFOZI website at https://secure.safozi.com/submitticket.php and as indicated when the Client reported the Incident.
If SAFOZI is unable to identify the origin or cause of the malfunction, the diagnostic investigation will not be billed to the Client if SAFOZI is unable to identify the cause of the malfunction or if SAFOZI is unable to provide the Client with a quote for correcting the malfunction.
Similarly, the diagnosis will not be billed to the Client if SAFOZI is unable to provide a quote for resolving the malfunction.
The Client agrees not to misuse Technical Support. SAFOZI reserves the right to refuse to process a Client’s request if their behavior or the frequency of their requests is likely to disrupt the normal operation of the Technical Support service.
Following the diagnosis, SAFOZI will communicate the cause of the malfunction and guide the Client toward the technical solutions required to resolve the problem.
If the malfunction is not attributable to SAFOZI, SAFOZI will send the Client a quote for the cost of the resolution if the Client wishes SAFOZI to handle the resolution of their problem.
In this respect, SAFOZI reminds the Client that it is only bound by an obligation of means.

4. Troubleshooting:
Following the Diagnosis, SAFOZI will communicate the cause of the malfunction and guide the Client towards the technical solutions to resolve the problem encountered. If the malfunction is not the responsibility of SAFOZI, SAFOZI will send the Client a quote corresponding to the cost of the troubleshooting operations should the Client wish for SAFOZI to handle the resolution of their problem. In this respect, SAFOZI reminds the Client that it is only bound by an obligation of means.
5. Payment Terms:
The basic pricing in the quote is available at the following address: https://secure.safozi.com/submitticket.php. Amounts due will be invoiced the following month on the monthly anniversary date of the Service that was the subject of the technical assistance. In the event of monthly renewal of the Service, all amounts due relating to this service, including technical assistance, will be invoiced. No further intervention will take place if the payment for the previous intervention has not been honored.

1. Customer Account Creation:
For any Service order placed with SAFOZI, the Customer must create a customer account containing their accurate and up-to-date contact information. This customer account is activated by SAFOZI sending an email to the address provided in the customer account.
2.Order Confirmation:
SAFOZI will promptly acknowledge receipt to the Customer, by email, of the order form and payment, and inform them of the implementation of the ordered Service under the conditions described below.
Order confirmation implies an obligation to pay.
3. Order Execution:
The service will be made available after SAFOZI activates the customer account under the conditions described in Article 6.1 and within a maximum of 7 days from the Customer’s actual payment of the order form.
Payment is considered complete once the funds corresponding to the Service are credited to SAFOZI’s account.
After this period, and if SAFOZI has not provided the service, the Client is entitled to request cancellation of the transaction and a refund of any sums already paid.
4. Pricing:
The current prices for the various services offered by SAFOZI are available online at https://www.safozi.com and upon request from SAFOZI at the following address: SAFOZI SARL: Rue Hedi Nouira, Residence Maya, Apt 6D, Ennasr II, 2037, Ariana, Tunisia.
The services ordered are listed on the order form; prices are inclusive of all taxes unless otherwise indicated and are payable in Tunisian dinars.
Services ordered by non-resident companies or individuals are listed on the order form; prices are inclusive of all taxes unless otherwise indicated and are payable in Tunisian dinars or foreign currency.
SAFOZI reserves the right to modify its prices at any time, provided that it informs the Client by email or by an online notice on the website https://www.safozi.com one month in advance if the new prices excluding taxes are less favorable to the Client.
In this case, the Client will have one month from the date of this notification to terminate this contract without penalty. Otherwise, the Client will be deemed to have accepted the new prices. Price changes will apply to all contracts, including those currently in effect.
SAFOZI reserves the right to pass on, without delay, any new tax or any increase in the rates of existing taxes.

Services provided by SAFOZI are payable upon ordering.
The Client is solely responsible for the payment of all sums due under the SAFOZI service contract.
By express agreement, and unless a deferment is requested in a timely manner and granted by SAFOZI in writing, any total or partial failure to pay any sum due under the contract by the due date will automatically and without prior notice result in:
the immediate request for payment of all sums remaining due by the Client under the contract, regardless of the payment method stipulated; the suspension of all ongoing services, regardless of their nature, without prejudice to SAFOZI’s right to terminate the contract; the inability to subscribe to or renew new services; and the application of an interest rate of 12%, which is no less than one and a half times the legal interest rate in force in Tunisia.
Any disagreement concerning billing and the nature of the services must be expressed by email to sales@safozi.com within one month of the order confirmation.
Should SAFOZI include any expenses, it will inform the Client and provide supporting documentation and the corresponding invoice.
The Client must then pay the amount due in Tunisian dinars. If the Client is a non-resident, payment must be made in a foreign currency.
5. Payment:
SAFOZI accepts the following payment methods: check, bank transfer, deposit, money order, and payment via Prepaid Points.
If SAFOZI collects the payment, it reserves the right to add a 50 Tunisian dinar surcharge.
6. Duration:
The service duration is as specified in the order. Data will be deleted upon expiration of the service.
SAFOZI undertakes to send at least three email reminders before the service expires.

7. Renewal Service:
SAFOZI will notify the Client, via emails sent to the Client’s billing contact (the Client is responsible for keeping this email address up to date), before the expiry date, of the obligation to pay for service renewal, when possible.
Any failure to pay or irregular payment, including, but not limited to, payments of an incorrect or incomplete amount, payments lacking the required references, or payments made by a means or procedure not accepted by SAFOZI, will be disregarded and will result in SAFOZI rejecting the registration or renewal request.
Regarding renewals, it is the Client’s responsibility to request renewal with sufficient notice so that the amount due is received by SAFOZI before the service expires. Subscription to certain services may also be subject to the requirement to subscribe to a service plan.
Both options are implemented under the following conditions:
SAFOZI cannot be held liable for non-renewal of a service due to non-payment or outstanding balances by the Client.
The Client is expressly informed and agrees that in the event of non-compliance with the foregoing provisions, the service will be immediately suspended on its expiration date, and the Client will be granted a 48-hour period to retrieve the data hosted on their hosting service or server.
After this period, all data will be deleted by SAFOZI, and the service will be recycled.
SAFOZI will not retain any data beyond this period. It is therefore the Client’s responsibility to perform all necessary backups.
In the event of renewal of the Service, a new contract of the same duration begins.

1. The contract is automatically terminated upon its expiry. It can be renewed via the website https://www.safozi.com, upon payment by the Client of the corresponding price, under the conditions stipulated in Article 6.
2. Either party may terminate the contract automatically and without compensation in the event of force majeure lasting more than thirty days.
3. In the event of termination of the contract before its expiry, the Client may choose to terminate their contract by simply sending a letter to the address SAFOZI – Rue Hedi Nouira, Residence Maya, Apt 6D, Ennasr II, 2037, Ariana, Tunisia, or through the customer portal via a request found at the following address: https://secure.safozi.com/. The Client will not be entitled to any discount or any refund from our services of amounts already paid.
4. In all other cases of breach by either party of any of its obligations under the contract, which remains unremedied within 7 days of either an email from the aggravated party notifying the breaches in question, or any other valid form of notification from said party, the contract will be automatically terminated, without prejudice to any damages that may be claimed from the defaulting party.
The date of notification of the letter detailing the breaches in question will be the date of receipt of the email or the postmark date upon first delivery attempt.
5. SAFOZI reserves the right to interrupt the Client’s service if such service poses a risk to the security or stability of our company’s hosting platform. Whenever possible, SAFOZI will inform the Client in advance. If necessary, SAFOZI reserves the right to interrupt service for technical intervention, to improve its operation, or for any maintenance.
Any request for termination of the contract by the customer will be effective the day after its receipt by SAFOZI, provided that the customer has supplied all the required information for identification.
The customer may also request that the termination take effect 10 days after receipt of the termination request by our services. In this case, the customer will not be entitled to a discount or any refund of amounts already paid.

The Client hereby acknowledges that fluctuations in bandwidth and issues with the internet service provider may cause interruptions in the services offered by SAFOZI, and that these interruptions are beyond its technical control.
Furthermore, SAFOZI may restrict, limit, or suspend the service at its sole discretion.

1. If it appears that the Client is using the services provided to him for any activity whatsoever that is not in accordance with the contractual terms of SAFOZI, in application of the applicable specific conditions,
2. If SAFOZI receives notice to that effect notified by a competent administrative, arbitral or judicial authority, in accordance with the appropriate applicable laws, or by a third party, as soon as the manifestly unlawful nature is brought to the attention of SAFOZI, if the contact details indicated in the client account appear to be false, inaccurate or not up to date.

The Client acknowledges having verified the suitability of the equipment and service to their needs and having received from SAFOZI all the information and advice necessary to enter into this agreement with full knowledge of the facts. SAFOZI reserves the right to monitor compliance with the terms of service.

The fact that SAFOZI does not invoke any of these terms and conditions at any given time and/or tolerates a breach by the other party of any of the obligations referred to in these terms and conditions shall not be interpreted as a waiver by SAFOZI of its right to invoke any of said terms and conditions at a later date.

SAFOZI informs the Client that their data is recorded and has been declared to the national data protection authority in accordance with the provisions of Law No. 63 of July 27, 2004, concerning the protection of personal data. Specifically, this includes data storage within Tunisian territory.
consequently, the Client has the right to access, modify, rectify, or delete their collected data by simply contacting SAFOZI at the following address: Rue Hedi Nouira, Residence Maya, Apt 6D, Ennasr II, 2037, Ariana, Tunisia.
The data transmitted by the Client is retained for the legally required period for evidentiary purposes. SAFOZI will not disclose or resell any personal data relating to the Client, unless otherwise stipulated in the specific terms and conditions. Only SAFOZI subsidiaries can also access this data.

In accordance with Articles 25 and 30 of Law No. 2000-83 of August 9, 2000, concerning electronic commerce and transactions, SAFOZI grants the Client a right of withdrawal of ten (10) business days from the date of service provision, even if the performance of the service has already begun at the Client’s request. The Client is entitled to a refund, by any means of payment, of all sums already paid as soon as possible and no later than ten (10) business days after the date on which the Client exercised their right of withdrawal.
SAFOZI undertakes to provide the Client with all necessary information under the conditions stipulated in Articles 25 and 29 of the aforementioned Law No. 2000-83.
This right of withdrawal is preferably exercised by email to the support service located at the following address:
https://secure.safozi.com/submitticket.php/, under the Billing section, or by telephone to the telephone numbers indicated on the SAFOZI website, or by mail to the address indicated in Article 14.4 herein. Any withdrawal request that does not comply with the legal deadline or the formalities of the preceding paragraph will not be considered.

The online general and specific terms and conditions take precedence over the printed general and specific terms and conditions. The parties agree that SAFOZI may, at its sole discretion, modify its service without any formality other than informing the Client through an online notice and/or updating the online general terms and conditions. Any modification or introduction of new subscription options will be announced online on the website located at the URL https://www.safozi.com or by sending an email to the Client. In this case, the Client may, notwithstanding Article 7, terminate the contract within thirty (30) days of the effective date of these modifications.

1. Severability
The invalidity of any clause of the service agreement entered into with SAFOZI, particularly due to a law, regulation, or a final and binding decision of a competent court, shall not invalidate the remaining clauses of the service agreement, which shall remain in full force and effect. In such a case, the parties shall, to the extent possible, replace the invalidated provision with a valid provision that reflects the spirit and purpose of the Contractual Terms.
2. Headings
The headings of the articles in the Contractual Terms are for reference purposes only and do not, in themselves, have any contractual value or specific meaning.
3. Special Conditions and Appendices
The special conditions and any appendices are incorporated by reference into SAFOZI’s General Terms of Service and are inseparable from said General Terms. All of these documents are referred to herein as the “General Terms.”
All documents incorporated into this contract by reference may be consulted by the Client at the addresses indicated on the website https://www.safozi.com/info/conditions-de-vente. These documents are also subject to modifications or updates.
4. Communications
For any exchange of information by email, the date and time of the SAFOZI server shall be considered valid between the Parties. This information will be retained by SAFOZI for the entire duration of the contractual relationship.
All notifications, communications, and formal notices provided for in the General Terms and Conditions shall be deemed to have been validly delivered if sent by registered letter with acknowledgment of receipt to:

For SAFOZI: Rue Hedi Nouira, Residence Maya, Apt 6D, Ennasr II, 2037, Ariana, Tunisia.
For the Client: to the postal and/or email address provided to SAFOZI.
5. Advertising and Promotion
SAFOZI may, in the context of advertising, events, conferences, and specialized publications in professional markets, refer to the services provided to the Client, as well as on its commercial documents and/or brochures.
SAFOZI has the right to use the Client’s trademark and logo as references for online and print advertising and promotional purposes.

Throughout the term of this Agreement and for a period of six (6) months following its termination, the Parties agree not to make any direct or indirect job offers to employees of the other Party, except by prior agreement. In the event of a breach of this clause by either Party, the other Party shall be entitled to claim, as compensatory damages for the harm suffered, a sum equal to six (6) months of the gross salary of the employee solicited.

Any dispute relating to the formation, interpretation, execution or validity of the conditions or any of its clauses which the parties cannot resolve amicably shall be submitted to the exclusive jurisdiction of the courts of Tunis (Tunisia) notwithstanding multiple defendants or third-party claims, even for emergency or protective proceedings, in summary proceedings or by application.

Tunisian law shall be the sole law governing this Agreement. This applies to both substantive and procedural rules, excluding, on the one hand, the conflict of laws rules provided for by Tunisian law, and on the other hand, any provisions of Tunisian law that may conflict with these Terms and Conditions. These exclusions obviously do not apply to mandatory legal rules and public policy, which prevail in all circumstances.