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Terms & Conditions

SAFOZI - Rock Solid Cloud Infrastructure

TERMS AND CONDITIONS

SAFOZI - Rock Solid Cloud Infrastructure

SAFOZI SARL au capital de 350 000 Dinars Tunisien
Matricule Fiscal : 1260271B/A/M/000 - Registre de Commerce : B24149482012
Addresse : Rue Hedi Nouira, Residence Maya, Apt 6D, Ennasr II, 2037, Ariana, Tunisia

SAFOZI LTD
Company Number : 15755343 Addresse : Suite 5, 5th Floor, City Reach, 5 Greenwich View Place, London, UK, E14 9MN.
SAFOZI LTD is a partner company of SAFOZI SARL, representing its international activities.

This entire site is covered by Tunisian and international legislation on copyright and intellectual property. All reproduction rights are reserved, including for iconographic and photographic documents.

Personal data

Generally speaking, you can visit our site on the Internet without having to reveal your identity and provide personal information about yourself.
However, we may sometimes ask you for information. For example, to process an order, establish a correspondence, provide a subscription or submit a job application.
We may supplement this information to complete a transaction or provide better service.
With SAFOZI, customers and users of SAFOZI services comply with law n°2004-63 of July 27, 2002 relating to the protection of personal data by hosting its infrastructure on Tunisian territory.

 

General Conditions of Services

These are concluded between:
The company 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 named SAFOZI,
and between any natural or legal person, individual or professional, of private law or public law wishing to engage in one or several of the services provided by the company SAFOZI, hereinafter referred to as the Customer.

 

DEFINITIONS:

Technical assistance: this service responsible for advising the Customer during the installation and use of its Service by providing the appropriate documentation.
Customer : Natural or legal person, signatory of the general and specific contractual conditions of SAFOZI for any service subscribed to with SAFOZI.
Quotation: Description communicated by SAFOZI containing the future operations to be carried out and the price applicable to carrying out these operations.
Diagnosis: Research carried out by SAFOZI at the Customer's request to identify a malfunction of the Service.
Documentation: SAFOZI provides the Customer with a set of tools and documentation accessible on the site www.safozi.com
Customer Identifier: Customer account for any service subscribed to with SAFOZI and allowing access to the management interface.
Incident: Problem or malfunction encountered on the Service and relevant SAFOZI's responsibility. The following causes are considered to be SAFOZI's responsibility: hardware, network, electrical problems, etc.
Outsourcing: Specific service provided by SAFOZI at the Customer's request and subject to 'invoicing.
Management interface: "Management Console" area accessible on the SAFOZI site by the Customer after identification by entering their customer identifier and corresponding password.
Service: Refers to all the services provided by SAFOZI in accordance with the contracts signed by the Customer.
SAFOZI website: Website of the SAFOZI company accessible from the internet network at the address https://www.safozi.com from an internet access.

The Customer acknowledges having verified the suitability of the Service to his needs and having received from SAFOZI all the information and advice necessary for him to subscribe to this commitment with full knowledge of the facts.
The purpose of this contract is to define the technical and financial conditions in which SAFOZI engages with the Customer.
These general conditions of service supplemented where applicable by special conditions and/or annexes proposed by SAFOZI are applicable, to the exclusion of all others conditions and in particular those of the Customer, to any order by the Customer for services from the company SAFOZI.
The services offered by SAFOZI free of charge are also governed by these general conditions of service.

SAFOZI undertakes to provide all the care and diligence necessary to provide a quality Service in accordance with professional practice and the state of the art. SAFOZI only responds to an obligation of means.

SAFOZI will not be held liable:
If the execution of the contract, or of any obligation incumbent upon SAFOZI hereunder, is prevented, limited or disrupted by a case of force majeure, in particular due to fire, explosion, failure of transmission networks, collapse of installations, epidemic, earthquake, flood, power outage, war, embargo, law, injunction, request or requirement of any government, strike, boycott withdrawal of authorization of a telecommunications operator, or other circumstance beyond the reasonable control of SAFOZI, then SAFOZI, subject to prompt notification to the Customer, must be excused from the performance of its obligations within the limit of this impediment, limitation or inconvenience , and the Customer shall be similarly excused from the performance of its obligations to the extent that the obligations of such party relate to the performance so prevented, limited or disturbed, provided that the party so affected uses its best efforts to avoid or alleviate such causes of non-performance and that both parties proceed promptly once such causes have ceased or been removed.
The party declaring the case of force majeure must notify it within two (2) days following its occurrence.
Notification will be made by e-mail, it must indicate the nature of the force majeure and its impact on the execution of the presents.
If the effects of a Force Majeure Event were to have a duration of more than 30 days, from the notification of the case of force majeure to the other party, the contract may be terminated automatically at the request of either party, without right to compensation on both sides.
Or also due to the Customer, in particular in the following cases:
Deterioration of the application.
Improper use of terminals by the Customer or by its customers, fault , negligence, omission or failure on its part, non-compliance with the advice given, disclosure or illicit use of the password given confidentially to the Customer, fault, negligence or omission of a third party over whom SAFOZI has no power of control or surveillance.
Request for temporary or permanent interruption of the service from a competent administrative or judicial authority, or notification from a third party within the meaning of Article 6 of the LCEN, partial or total destruction of the information transmitted or stored following errors attributable directly or indirectly to the Customer. The repairs owed by SAFOZI in the event of a failure of the Service resulting from a fault established against it will correspond to the direct, personal and certain damage linked to the failure in question, to the express exclusion of any indirect damage such as, in particular, commercial damage, loss of orders, damage to brand image, commercial disruption of any kind, loss of profits or Customers (for example, untimely disclosure of confidential information concerning them following a defect or hacking of the system, action of a third party against the Customer, etc.).
In any event, the amount of damages which could be charged to SAFOZI, if its liability were incurred, will be limited to the amount of the sums actually paid by the Customer to SAFOZI for the period considered or invoiced to the Customer by SAFOZI or to the amount of the sums corresponding to the price of the service, for the part of the Service for which SAFOZI was held responsible. The lowest amount of these sums will be taken into consideration.
SAFOZI does not carry out any specific backup of the hosted data. It is therefore up to the Customer to take all necessary measures to safeguard their data in the event of loss or deterioration of the data entrusted, whatever the cause, including that not expressly covered herein.
The customer acknowledges that no stipulation herein will release him from the obligation to pay all amounts due to SAFOZI for the services provided.

The Customer undertakes to have the power, authority and capacity necessary for the conclusion and execution of the obligations provided for herein.
The Customer undertakes to communicate, during the creation of his customer account and at each modification thereof, his exact and updated contact details and banking information at SAFOZI.
The Customer is fully and exclusively responsible for the passwords necessary for the use of his Service . SAFOZI disclaims all liability for any illicit or fraudulent use of passwords made available to the Customer.
The provision of passwords is considered confidential. Any suspicion of disclosure, intentional or not, of the passwords provided, engages the sole responsibility of the Customer to the exclusion of that of SAFOZI.
In the event of a request to change the password by the Customer, SAFOZI has the right to invoice this service for the time spent on this operation.
The Customer will alone bear the consequences of the failure to operate the consecutive service for any use, by members of its staff or by any person to whom the Customer has provided his/her password(s). Likewise, the Customer alone bears the consequences of the loss of the aforementioned password(s).
The Customer undertakes to respect all legal and regulatory requirements in force, and in particular those relating to IT. , files, freedoms and intellectual property, as well as the rights of third parties.
The Customer also undertakes to take out all necessary insurance from a reputably solvent organization in order to cover all damages attributable to it in the context of this contract or its execution.
The Customer declares fully accept all legal obligations arising from the ownership of its services, SAFOZI cannot be sought or worried in this regard for any reason whatsoever, in particular in the event of violation of laws or regulations applicable to the Customer's services.
The non-compliance by the Customer 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 will result in the right for SAFOZI to unwire and/or interrupt without delay and without prior notice the Customer's services and to immediately and automatically terminate the contract, without prejudice to the right to any damages to which SAFOZI may be entitled.
The Customer undertakes to pay directly to the author of the claim any sum that he would require from SAFOZI. In addition, the Customer undertakes to intervene at the request of SAFOZI in any proceedings initiated against the latter as well as to guarantee SAFOZI from all convictions which would be pronounced against it on this occasion. Consequently, the Customer undertakes to take personal responsibility for any claim and/or procedure whatever the form, subject matter or nature which may be filed against SAFOZI and which relates to the obligations imposed on the Customer. Customer under this contract.
The Customer undertakes to inform SAFOZI within 48 hours of any change concerning their situation, and within 24 hours of any possible loss of passwords.
The Customer, for any contact with SAFOZI, undertakes to clearly formulate its request, according to the usual rules.

  • 1. Tools and documentation provided by SAFOZI:
  • SAFOZI provides the Customer with a set of tools and documentation accessible at the following address: https://my.secure. safozi.com/submitticket.php
    This page also contains contact details allowing you to contact SAFOZI staff.
    SAFOZI makes available to the Customer on this page:
    A set of documentation and technical guides allowing a better understanding and use of the Service, (“Documentation”);
    Communication tools allowing you to know the state of SAFOZI installations;
    Interfaces allowing you to view the information in real time status of the SAFOZI network;
    Contact details for contacting SAFOZI Technical Assistance;
    An Incident reporting form;
    Contact details for the Outsourcing service for carrying out additional services subject to separate invoicing (outsourcing, specific intervention, etc.).
    Prior checks:
    In the event of a malfunction of the Service, it is up to the Customer to consult the Documentation and carry out the technical tests offered by SAFOZI on the following page https://blog.safozi.com. If the malfunction encountered is not resolved, it is up to the Customer to report the incident to SAFOZI Support services.

  • 2. Incident reporting procedure:
  • To report an Incident, the Customer must complete the specific form available on the site then in its management interface in which he will be able to find previous tickets containing electronic exchanges between the Customer and SAFOZI.
    He It is up to the Customer to complete the form provided at the address https://my.secure.safozi.com/submitticket.php/ and to communicate in this context to SAFOZI the maximum amount of information on its problem to allow the proper completion of the Diagnostic.
    To this end, the Customer expressly authorizes SAFOZI and its staff, to connect to its Service and to carry out any operation necessary for the development of the Diagnostic both at the hardware and software level. As such, SAFOZI reserves the right to refuse any intervention if it finds during its research that the Customer is using the Service in violation of SAFOZI's general and specific conditions or the laws and regulations in force.
    All exchanges between the parties and in particular electronic exchanges and telephone conversations will constitute proof of the Customer's commitment to the intervention of SAFOZI.
  • 3. Management of the Incident and PREPARATION OF THE Diagnosis:
  • As part of this Incident reporting procedure, SAFOZI will be required to carry out a Diagnostic in order to find the origin and cause of the malfunction encountered. If, as part of its research, SAFOZI determines that the malfunction is an Incident, that is to say that it is the responsibility of SAFOZI, the cost relating to carrying out the Diagnostic will be entirely assumed by SAFOZI in accordance with the contractual terms. applicable to the Service.
    Conversely, if the diagnosis reveals that the Incident encountered by the Customer is not the responsibility of SAFOZI or that its existence cannot be confirmed, the time spent by SAFOZI in carrying out the Diagnostic will be invoiced to the Customer on a flat rate basis at the rate available on the SAFOZI website at the address https://my.secure.safozi.com/ submitticket.php and as recalled during the Customer's Incident Report.
    In the event that SAFOZI is unable to identify the origin or cause of the Malfunction, Research relating to the establishment of the Diagnosis will not be invoiced to the Customer if SAFOZI is not able to identify the cause of the malfunction or if SAFOZI is not able to communicate a quote to the customer for the correction of the malfunction.
    Likewise, the Diagnosis will not be invoiced to the Customer, when SAFOZI will not be able to provide a quote for resolving the malfunction.
    The Customer undertakes not to resort improperly to Technical Assistance. SAFOZI reserves the right to refuse to handle a request from the Customer if their behavior or the frequency of their requests are likely to disrupt the normal operation of the Technical Assistance service.
    At the end of the Diagnostic , SAFOZI will communicate the cause of the malfunction and direct the Customer towards the technical solutions to be provided to resolve the problem encountered.
    To the extent that the Malfunction is not the responsibility of SAFOZI, SAFOZI will provide the Customer with a quote corresponding to the cost of resolution operations if the Customer wishes SAFOZI to take responsibility for resolving their problem.
    As such, SAFOZI points out that it is only subject to an obligation of means
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  • 4. Troubleshooting:
  • At the end of the Diagnosis, SAFOZI will communicate the cause of the malfunction and direct the Customer towards the technical solutions to be provided to resolve the problem encountered. To the extent that the Malfunction is not the responsibility of SAFOZI, SAFOZI will send the Customer a quote corresponding to the cost of resolution operations if the Customer wishes SAFOZI to take responsibility for resolving their problem. As such, SAFOZI reminds that it is only subject to an obligation of means
  • 5. Payment conditions:
  • The basic pricing in the quote is recalled at the following address https://my.secure.safozi.com/submitticket.php . The amounts due will be invoiced the following month on the monthly anniversary date of the Service which was the subject of the technical assistance measure. In the event of monthly renewal of the Service, all amounts due relating to this service, including technical assistance, will be invoiced. No new intervention will take place if the payment for the previous intervention has not been honored.
  • 1. Creation of the customer account:
  • For any Service order from SAFOZI, the Customer must create a customer account including their exact and updated contact details and information. This customer account is activated by SAFOZI sending an email (Electronic Courier) according to the contact details provided in the customer account.
  • 2. Order confirmation:
  • SAFOZI immediately acknowledges receipt to the Customer, by e-mail, of the order form and the payment made, and informs them of the implementation of the Service ordered under the conditions described below.
  • Confirmation of the order implies an obligation to pay
  • 3. Executing the command:
  • The provision of the service occurs after activation of the customer account by SAFOZI under the conditions described in article 6.1 and within a maximum period of 7 days from the effective payment of the order form by the Customer.
    Effective payment is made as soon as the sums corresponding to the Service are credited to SAFOZI's account.
    After this period and in the absence of provision of the service by SAFOZI, the Customer is entitled to request the cancellation of the transaction and reimbursement of amounts already paid.
  • 4. Price:
  • The prices in force for the various services offered by SAFOZI are available for consultation online on the site https://www.safozi.com and on request from SAFOZI, at the following address: SAFOZI SARL: Rue Hedi Nouira, Residence Maya, Apt 6D, Ennasr II, 2037, Ariana, Tunisia.
    The services or services ordered are mentioned in the voucher control ; they are inclusive of all taxes unless otherwise indicated and are payable in Tunisian dinars.
    Services or services ordered by non-resident companies or persons are mentioned in the order form; they are inclusive of all taxes unless otherwise indicated and are payable in Tunisian dinars or foreign currencies.
    SAFOZI reserves the right to modify its prices at any time, subject to informing the Customer by e-mail or by an online warning on the site
    https://www.safozi.com one month in advance if the new rates excluding taxes are less favorable to the Customer.
    In this case, the Customer will have one month from this information to terminate this contract without penalty. Failing this, the Customer will be deemed to have accepted the new prices. Price changes will be applicable to all contracts and in particular to those currently being executed.
    SAFOZI reserves the right to pass on, without delay, any new tax or any increase in the rate of existing taxes.
    Services provided by SAFOZI are payable upon ordering.
    The Customer is solely responsible for payment of all sums due under the SAFOZI service contract.
    By express agreement and unless postponement requested in time and granted by SAFOZI in a specific and written manner, the total or partial failure to pay on the due date of any sum due under the contract will result automatically and without formal notice prior .
    The immediate payment of all sums remaining due by the customer under the contract, whatever the method of payment provided, the suspension of all ongoing services, whatever their nature, without prejudice to SAFOZI to use the option of terminating the contract, the impossibility of subscribing to new services or renewing them, the application of an interest rate equal to 12% without it being less than one and a half times the legal interest rate in force in Tunisia.
    Any disagreement concerning invoicing and the nature of the services must be expressed by email to the address sales @safozi.com within one month after issuance of the order form.
    In the event that costs are incurred by SAFOZI, the latter will inform the Customer and provide them with supporting documents and the corresponding invoice.
    The Customer must then pay the amount due in Tunisian dinars. If the Customer is a non-resident, he will then have to pay the amount due in foreign currency via SAFOZI Ltd.
  • 5. Payment:
  • The means of payment accepted by SAFOZI are: check, transfer, payment, money order and payment by Prepaid Points.
  • Or in the event that payment is collected by SAFOZI, the latter reserves the right to increase the costs by 50 DNT.
  • 6. Duration:
  • The duration of the service is that stipulated in the order. The data will be deleted when the service expires.
    SAFOZI undertakes to provide, at least, three reminders by e-mail before the service expires.
  • 7. Service renewal:
  • SAFOZI will notify the Customer by means of electronic mail (e-mails) addressed to the Customer's billing contact (e-mail address to be kept up to date, under the responsibility of the Customer) before the due date, of the obligation to 'pay the price for the renewal of the service, when this is possible.
    Any non-payment or irregular payment, that is to say, in particular, of an incorrect or incomplete amount, or not including the references required, or carried out by a means or procedure not accepted by SAFOZI, will be purely and simply ignored and will cause SAFOZI to reject the registration or renewal application.
    In the case of a renewal, it is up to the Customer to request renewal with sufficient time so that the amount due is actually received by SAFOZI before the service expires. The subscription to certain services may also be subject to the obligation to subscribe to the subscription service.
    These two formulas are executed under the following conditions:
    SAFOZI cannot be held liable in the event of non-renewal of the subscription service. 'a service following a payment not honored or not regularized by the Customer.
    The Customer is expressly informed and accepts that in the event of non-compliance with the preceding provisions, the service will be immediately suspended on its expiry date and a period of 48 hours will be granted to the customer to recover the data hosted on its hosting service or its server.
    At the end of this period, all data will be erased by SAFOZI and the service recycled.
    br> SAFOZI will not retain any data beyond this period. It is therefore up to the customer to make all necessary backups.
    In the event of renewal of the Service, a new contract of an identical duration begins.
  • 1. The contract is automatically terminated upon expiry. It can be renewed from the site https://www.safozi.com, subject to payment by the Customer of the corresponding price, within the conditions provided for 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 expiry, the Customer has the choice of terminating his contract by simple sending by post to the address SAFOZI – Rue Hedi Nouira, Residence Maya, Apt 6D, Ennasr II, 2037, Ariana, Tunisia, or through the customer area via a request located at the following address https://my.secure.safozi.com/ and the Customer will not be able to claim any rebate or any reimbursement by our services of the amounts already paid.
  • 4. In all other cases of breach by one of the parties of one or other of its obligations under the contract not repaired within 7 days from either an e-mail sent by the complaining party notifying the breaches in question, or any other form of authentic notification sent by the said party, the contract will be terminated automatically, without prejudice to any possible damages and interest which could be claimed from the defaulting party.
    The date of notification of the letter containing the breaches in question will be the date of receipt of the email or that of the postmark, when the letter is first presented.
  • 5. SAFOZI reserves the right to interrupt the Customer's service if this service constitutes a danger for the maintenance of the security or stability of our company's hosting platform. Where possible, SAFOZI will inform the customer in advance. If necessary, SAFOZI reserves the right to interrupt the service to carry out a technical intervention, in order to improve its operation or for any maintenance operation.
    Any request for termination of the contract by the customer will be effective upon from the day after the date of receipt by SAFOZI, provided that the customer has specified all the required information allowing his identification.
    The Customer may also request that this termination take effect after 10 days following receipt of the request termination by our services, the Customer will not be able to claim a discount or any reimbursement by our services of the amounts already paid.

The Customer hereby acknowledges that fluctuations in bandwidth and the vagaries of the access provider are elements that can lead to discontinuity in the services offered by the company SAFOZI, and outside its technical means.
Furthermore, the service is restricted, limited or suspended automatically by SAFOZI:

  • 1. If it appears that the Customer is using the services provided to him for an activity, whatever it may be, which does not comply with the contractual terms of SAFOZI, in application of the applicable special conditions,
  • 2. If SAFOZI receives a notice to this 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 illicit nature is brought to the attention of SAFOZI, if the contact details indicated in the customer account appear false, inaccurate or not updated.

The Customer acknowledges having verified the suitability of the equipment and service to its needs and having received from SAFOZI all the information and advice necessary for it to subscribe to this commitment with full knowledge of the facts. SAFOZI reserves the right to monitor compliance with the conditions of use of the service.

The fact that SAFOZI does not avail itself at any given time of any of these general conditions and/or tolerates a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted as a waiver by SAFOZI to subsequently avail itself of any of the said conditions

SAFOZI informs the Customer that their data is recorded, and has been declared to the national authority for the protection of personal data in accordance with the provisions of law no. 63 of July 27, 2004 relating to protection of personal data. In particular the backup of data on Tunisian territory.
Consequently, the Customer has a right of access, modification, rectification or deletion of his collected data, by simply contacting SAFOZI, at the address Rue Hedi Nouira, Residence Maya, Apt 6D, Ennasr II, 2037, Ariana, Tunisia.
The data transmitted by the Customer are kept for the legal time necessary for the administration of proof. SAFOZI prohibits any disclosure or resale of personal data relating to the Customer, subject to contrary provisions in the special conditions. Only SAFOZI subsidiaries can also have access to it.

In accordance with the provisions of Article 25 and 30 of Law No. 2000-83 of August 9, 2000 relating to exchanges and electronic commerce, SAFOZI grants the Customer a right of withdrawal of Ten (10) working days from the date of provision of services, even if the execution of the service has already started at the request of the Customer and entitles the Customer to reimbursement by any means of payment of the sums already paid as soon as possible and at the latest Ten (10) working days after the date on which the Customer exercised his right of withdrawal.
SAFOZI undertakes in this respect to make available to the Customer all the necessary information under the conditions provided for in article 25 and 29 of Law No. 2000-83 indicated above.
This right of withdrawal is preferably carried out by e-mail on the support service which is located at the following address:
https://my.secure.safozi.com/submitticket.php/, Billing section or by telephone at the telephone numbers indicated on the site SAFOZI, or by mail to the address indicated in article 14.4 hereof. Any request for withdrawal which does not respect the legal deadline or the formalities of the preceding paragraph will not be taken into consideration.

The online general and specific conditions take precedence over the printed general and specific conditions. The parties agree that SAFOZI may, as of right, modify its service without any other formality than informing the Customer by an online warning and/or making its modifications in the general conditions online. Any modification or introduction of new subscription options will be communicated online on the site located at the URL address https://www .safozi.com or sending an e-mail to the Customer. In this case, the customer may, in derogation of article 7, terminate the contract within thirty (30) days from the entry into force of these modifications.

  • 1. Divisibility
  • The nullity of one of the clauses of the service contract signed with SAFOZI, in particular in application of a law, a regulation or following a decision of a competent court taken into force res judicata will not result in the nullity of the other clauses of the service contract which will retain their full effect and scope. In this case, the parties must, as far as possible, replace the canceled provision with a valid provision corresponding to the spirit and purpose of the Contractual Conditions.
  • 2. Titles
  • The titles of the articles of the Contractual Conditions are intended solely to facilitate references and do not in themselves have any contractual value or any particular meaning.
  • 3. Special conditions and Annexes
  • The special conditions and any annexes are incorporated by reference into the SAFOZI General Conditions of Services and are inseparable from said General Conditions. All of these documents are referred to in this document as “General Conditions”.
    All of the documents incorporated into this contract by reference can be consulted by the Customer at the addresses indicated on the site https://www.safozi.com/info/conditions-de-vente . These documents are also subject to modifications or developments.
  • 4. Communications
  • For any exchange of information by e-mail, the date and time of the SAFOZI server will be authentic between the Parties. This information will be kept by SAFOZI throughout the period of contractual relations.
    All notifications, communications, formal notices provided for by the General Conditions will be deemed to have been validly delivered if they are sent by registered letter with request for notice of reception at:

    For SAFOZI: Rue Hedi Nouira, Residence Maya, Apt 6D, Ennasr II, 2037, Ariana, Tunisia.
    For the Customer: to the postal and/or e-mail address that 'he provided to SAFOZI.
  • 5. Advertising and promotion
  • SAFOZI may, on the occasion of advertising, events, in conferences and specialized publications on professional markets, take advantage of the services provided to the Customer as well as on its commercial documents and/or its brochure.
    SAFOZI has the right to use the Customer's brand and logo as references for online or printed advertising and promotion purposes.

Any dispute relating to the formation, interpretation, execution or validity of the conditions or any of its clauses that the parties cannot resolve amicably will be subject to the exclusive jurisdiction of the courts of Tunis (Tunisia) notwithstanding plurality of defendants or call for guarantee, even for emergency procedures or precautionary procedures, in summary proceedings or by request.

Tunisian law will only be applicable to this Contract. This is the case for the substantive rules as well as for the formal rules, excluding, on the one hand, the conflict rules provided for by Tunisian law, and on the other hand, the provisions of Tunisian law which would be contrary to these Conditions. These exclusions obviously do not concern the mandatory rules of law and public order which prevail in all circumstances.

General Conditions of Services Relating to the CDN

DEFINITIONS:
Anycast IP Address: IP address to which the Customer's domain name must be redirected to enable activation of the Service.
Bandwidth: Volume of data exchanged (upload and download) between the CDN and users of the Customer's Website. This volume is calculated in bytes.
Back-end: IP address corresponding to the Customer's hosting and to which the content is downloaded during a consultation of the Customer's Site by a User.
Cache: Local memory of the CDN Server (POPs CDN).
CDN: (acronym for “Content Delivery Network”) Cache Server distributed across the world and allowing the optimization of the display of the Customer's Website.
Dynamic content: Non-permanent content likely to change depending on different parameters including the User's web browser, session, etc. .
Static content: Permanent Image type content, CSS pages which are not intended to be different when consulting the Website by two different users and whose size is less than 20 Mo.
Traffic credit: Volume of data that can be credited by the Customer and for which User connections are counted. Only the traffic between the CDN Server and the User is calculated, and not between the CDN Server and the hosting of the Customer's Site.
Domain name: Element of a Website constituting its identity on the Internet network.
Point of Presence: Physical location point on the SAFOZI network of CDN Servers connected to the Internet network as present in the commercial offer.
< strong>Redirection: Operation by which the Customer modifies the configuration of the DNS servers of its domain name to direct them to the Service.
Configuration rule: Parameter set up by the Customer and determining the rules applicable to the temporary storage of static content of the Website (Cache).
CDN Server: Computer server administered by SAFOZI, located in a Point of Presence, and on which are carried out as part of the Service, User requests when consulting the Customer's Website.
Website: All pages and content generally accessible via a name domain and constituting the Customer's Internet Site(s).
TTL: (acronym for Time To Live) Duration during which the static contents of the Customer's Internet Site are kept in memory CDN cache.
Users: Internet users visiting the Customer’s Website.

These special conditions, supplementing SAFOZI's general conditions of service, are intended to define the technical and financial conditions under which SAFOZI sets up the CDN Service during the BETA period, hereinafter the Service.
The BETA period is a phase during which the development of the Service is not yet completely complete.
Consequently, certain features remain under development and may not achieve the targeted objectives.
The Customer acknowledges that as part of the BETA phase, the Service may encounter malfunctions and subscribes with full knowledge of the facts.
These special conditions will prevail over the general conditions if a contradiction should appear between these two documents.

The Service is accessible via the Internet via an internet connection. SAFOZI markets a collaborative messaging offer developed on the basis of the Microsoft® Exchange 2013 solution. The Service presents both electronic messaging functionalities but also a collaborative workspace allowing the exchange of files and the setting up of calendars. personal, etc. In this respect, SAFOZI points out that due to the high technical nature of the Service, it can only be subject to an obligation of means.

The Service is defined as an electronic messaging solution based on the Microsoft® Exchange 2013 solution and allowing, in addition to the functionality of sending/receiving emails, the pooling of resources or information in a collaborative universe among Accounts created on the domain name on which the Service is installed.
As such, it may include calendars, events, files, work tasks, etc. An Account is defined as a collaborative Messaging space created by the Customer and exclusively dedicated to an end user of the service. Each Account is based on an Exchange 2013 License and has its own storage space.

To be able to subscribe to the service, the customer must have a Domain Name for which he is an administrator. In this sense, it acknowledges having the ability to modify the configuration of the Domain Name, the DNS servers, etc.
SAFOZI does not guarantee the compatibility of the Service with all the extensions available for domain names. By way of illustration, among the extensions marketed by SAFOZI on the day of writing herein, the extension. TEL is incompatible with the Service.
SAFOZI recommends that the Customer check on the SAFOZI website the compatibility of their Domain Name with the Service.
It is imperative that the Customer has the capacity of administrator of their Domain Name before subscribing to the service . Indeed, the implementation of the Service may require operations on the configuration of the Domain Name to allow the correct installation of the Service.
It is up to the customer to verify that he complies with the provisions of this article before any subscription to the Service, failing which, he may request termination of the Service in accordance with SAFOZI's General Conditions of Service.
Activation of the Service occurs from validation of the customer's payment and is characterized by the implementation of the Service and the sending by SAFOZI of access codes allowing its administration.

As of validation of the Customer's order by SAFOZI, SAFOZI proceeds with the installation of the Customer's Service. It is then up to the Customer to connect to their Management Interface to configure the Service.
The Customer must then specify the Domain Name on which they wish to install the Service and the technical configuration of their Domain Name
The Customer creates Accounts on the domain names managed by SAFOZI directly from its Management Interface, and for which it will be invoiced or debited under the conditions defined in article 9 hereof.
SAFOZI offers the possibility the Customer to choose from different Accounts, each presenting a list of available features. SAFOZI reserves the right to provide new functionalities or to develop existing functionalities.
It is up to the Customer to determine which functionalities they wish to assign to each of their users and to subscribe to the Accounts accordingly. corresponding. The Customer can subscribe to different types of Accounts on the Service.

SAFOZI undertakes to provide 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.
SAFOZI undertakes to:

  • Maintain the technical equipment on which the Customer Service is installed in working order.
  • Ensure access to the Management Interface and the Service via the Internet. SAFOZI also reserves the right to interrupt the Service to carry out technical intervention in order to improve its operation.
  • Intervene quickly in the event of an incident not resulting from improper use of the Service by the Customer upon request for intervention by the Customer.
  • Ensure that the quality of your tools is maintained at the highest level in accordance with the rules and usage of your profession.
  • Guarantee the confidentiality of the Customer's Data subject to the correct configuration by the latter of access linked to the Service in accordance with the provisions of article 8 hereof.

SAFOZI reserves the right to interrupt the Customer's Service, if it constitutes a danger for the maintenance of the security of the SAFOZI hosting platform, whether following use of said Service. abnormal, malicious or fraudulent manner.
In this case, SAFOZI will endeavor to inform the Customer in advance and to the extent possible.
SAFOZI cannot be held responsible for the content of the information, sound, text, images, elements of form, data of any kind, accessible on the Customer's Service, or even transmitted or posted online by the Customer or users of its Service and for any reason whatsoever.
SAFOZI cannot be held responsible the total or partial non-compliance with an obligation and/or failure of the operators of the transport networks to the Internet world and in particular of the Customer's access providers.
In the context of electronic mail, SAFOZI does not can guarantee the proper delivery of electronic mail sent from the Service by the Customer or one of the users of the Service, when the size of the message is greater than the standard size used by electronic messaging service providers, namely 10 megabytes (mo ).
To guarantee the security of the Service or its proper functioning, SAFOZI reserves the right to limit the technical characteristics of access to the Service and in particular the file transfer rates, the terms of access to the platform or even to block any access from networks or IP addresses considered by SAFOZI as insecure or malicious.
SAFOZI declines all responsibility in the event of malfunction of the Service due to its configuration by the Customer.
SAFOZI reserves the possibility of suspending the Service in the event of use not in compliance with these special conditions, or general conditions of Service of SAFOZI, the laws and regulations in force or even contrary to the rights of third parties, or in the event of a request made to SAFOZI by a competent authority. Likewise, SAFOZI may be required to access the Customer's data at the request of these same authorities.

  • The Customer acts as an independent entity and therefore alone assumes the risks and perils of its activity. The Customer is solely responsible for the services, applications, software stored on its Service, the content of the information transmitted, distributed or collected, their use and updating, as well as all files, in particular address files.
    The Customer undertakes in particular to respect the rights of third parties, in particular personality rights, the intellectual property rights of third parties such as copyright, rights to patents or trademarks.
    Consequently, SAFOZI cannot be held responsible for the content of the information transmitted, disseminated or collected, for their use and updating, as well as for any files, in particular address files, in any capacity whether The Customer acknowledges being responsible for the content of the information, sound, text, images, formal elements, data of any kind, accessible on the Customer's Service.
    Or even transmitted or put online by the Customer or users of its Service and in any capacity whatsoever within the meaning of art 8 of the specifications setting out the specific clauses for the implementation and operation of value-added telecommunications services as set out in established by the decree of March 14, 1977 n°97-501 and the Order of May 22, 1977 SAFOZI can only warn the Customer of the legal consequences which could arise from illicit activities on the Service, and release all joint and several liability. on the use of data made available to users by the Customer.
    The same applies if the Customer is proven to use the technique of spamming on the Internet, which behavior leads without notice to the interruption of the service and the termination of the present contract. In these cases, the Customer will not be able to claim reimbursement from SAFOZI of the sums already paid.
  • The Customer will alone bear the consequences s the malfunction of the Service following any use by members of its staff, users of its Service, or by any person to whom the Customer has provided one or more password(s) allowing connection to all or part of the Service. Likewise, the Customer and/or users of the Service alone bear the consequences of the loss of the aforementioned password(s).
  • The Customer is solely responsible for the creation, management, administration and deletion of the Accounts he subscribes to as part of the Service. It is therefore up to him to ensure the proper management of user access to the Accounts and any data stored in the collaborative workspace. It is up to the Customer to generate passwords for each of the Accounts he creates as part of the Service.
  • As such, SAFOZI declines all responsibility in the event of intrusion into the Management Interface or into the Accounts which is directly attributable to poor access management by the Customer.
  • It is up to the Customer to ensure that they have a backup of their data before deleting an Account. In this case, all of the data corresponding to this Account will be deleted by SAFOZI.
  • The Customer undertakes to ensure the security of their data, as well as the management of access corresponding to each Account.
  • The Customer undertakes to take the necessary security measures to guarantee the proper functioning of its service. Furthermore, the Customer undertakes to ensure the security of its service to avoid harming or damaging the platform.
  • SAFOZI reminds the Customer that violation of the secrecy of correspondence is criminally punishable in accordance with the provisions of 254 of the penal code and article 97 of law 63-2004 relating to the protection of personal data.
  • The Customer guarantees to be the Administrator of the Domain Name for the entire duration of the Service.
  • The Customer undertakes not to infringe the brands of SAFOZI or the company Microsoft®. In the event that costs are incurred by SAFOZI or by the company Microsoft®, SAFOZI will inform the Customer and provide them with supporting documents and the corresponding invoice.
    Reimbursement of these sums will be requested from the Customer. The Customer can then pay the amount due by check in euros.
  • 1. Prices:
  • The monthly and annual rates applicable to the Service are available on the site https://www.safozi.com For each subscribed Account, the Customer has the choice of subscribing to it for a monthly or annual period.
  • 2. Initial order:
  • Payment for the initial purchase order must be made by prepaid account, Edinar cards, money order and transfers. No other payment will be accepted or validated other than those mentioned above.
  • 3. Renewal of the Service:
  • Thereafter, it is up to the Customer to pay for the Service using any means of payment authorized by SAFOZI and made available to the Customer for the execution of these presents.
  • The contract subscribed by the Customer is automatically renewed for a period of one month from the expiry date of the period initially subscribed, payment is automatically made to the customer's prepaid account. Service renewal only applies to Accounts active on the Service anniversary date, which are automatically renewed for the next billing period.
    The Customer may, however, request the non-renewal of one or more Accounts of his Service via his Management Interface. The selected Account(s) will not be renewed at the end of the period currently running at the time of the request made by the Customer.
  • 4. Options:
  • Any option subscribed as part of the Service will be subject to separate invoicing according to the conditions applicable to the option and defined on the SAFOZI website. As such, it may be billed per act, monthly or annually depending on the type of option.
  • 5. Consequences of late payment:
  • If difficulties appear in paying the amount of the invoice sent to the Customer, an email will be sent to the Customer at the address provided in the “Management Console” inviting him to make payment as soon as possible and at later within eight days to prevent any interruption of service.
    If payment is not received and validated by SAFOZI within eight days of sending this e-mail, SAFOZI will suspend the Service and all Accounts subscribed for the Service. The Customer will then have 48 hours to renew the Service; in the absence of payment validated by SAFOZI within this period, SAFOZI will delete the Customer's Service and all stored data.
    Any failure to pay or unpaid will be considered a late payment. By express agreement and unless postponement requested in time and granted by SAFOZI in a specific and written manner, the total or partial failure to pay on the due date of any sum due under the contract will automatically and without prior notice result in the suspension of all ongoing services, whatever their nature, without prejudice to SAFOZI using the right to terminate the contract stipulated in article 7 of the SAFOZI General Conditions of Service.
    Any disagreement concerning invoicing and the nature of the Service must be expressed by e-mail to SAFOZI support within 05 days of the renewal invoice.
    In the event that costs are incurred by SAFOZI or by the company Microsoft®, SAFOZI will inform the Customer and provide them with supporting documents and the corresponding invoice. Reimbursement of these amounts will be requested from the Customer. The Customer can then pay the amount due by transfer, payment or money order.

By derogation from the provisions of article 12 of the general conditions of service, the Customer (for whom the status of consumer within the meaning of the provisions of the Consumer Code is considered and having benefited from the guarantees provided for in articles 17-18 of this code) expressly accepts the immediate execution of the service from validation of the order.
From validation of payment, the Customer will have access to their Management Interface and Collaborative Messaging Services and the ability to order the Accounts of their choice. Therefore and in accordance with the terms of article 32 of law no. 2000-83 of 09-08-2000, the Customer will not have the right to exercise his right of withdrawal for any order or renewal of the Service.