TERMS AND CONDITIONS

General Terms and Conditions of Service HOSTOWEB

Version dated June 4, 2025

This document (the "Terms") constitutes the contractual framework governing, without reservation or restriction, all hosting, domain name, connectivity and related services (the "Services") provided by HOSTOWEB SARL/AU, a company incorporated under Moroccan law and registered in the Fez Commercial Register under number 65903, whose registered office is at 10 Rue Lalla Aïcha, Espace Riad Fès, No. 16, 3rd floor, Fez ("HOSTOWEB"), to the contracting customer (the "Customer").

Article 1 – Purpose and Scope
These Terms define the respective rights and obligations of HOSTOWEB and the Customer concerning subscription, use and termination of the Services. They take precedence over any other document unless otherwise agreed in writing and signed by authorized representatives of the parties. Placing an order or using any Service constitutes full and unconditional acceptance of these Terms.
Article 2 – Definitions
For the purposes of these Terms:
• "Resources" means all hardware and software capacity (CPU, RAM, I/O, bandwidth, storage, sessions and SQL queries) allocated to a Service;
• "Content" means all data, files, databases, messages and streams published, stored or transmitted by the Customer through a Service;
• "Incident" means any event affecting or potentially affecting the availability, integrity or security of a Service;
• "Force majeure" is defined in accordance with Article 268 of the Moroccan Code of Obligations and Contracts.
Article 3 – Acceptance and Changes to the Terms
The Customer acknowledges having read, understood and accepted the Terms before subscribing. HOSTOWEB reserves the right to amend the Terms unilaterally at any time; the updated Terms are published at hostoweb.com and become effective immediately for all new orders and, for ongoing Services, after thirty (30) days' notice, unless otherwise required by mandatory law.
Article 4 – Description of the Services
HOSTOWEB provides shared or dedicated hosting, virtual private servers (VPS), physical servers, DNS services, SSL/TLS certificates, software licenses, email services and other related services described on the product page, subject to technical and commercial availability.
Article 5 – Customer Obligations and Authorized Use
5.1 Interdictions absolues
The Customer must not, directly or indirectly:
1. Spam and unlawful solicitation: sending unsolicited emails, bulk commercial messages or any other content deemed spam;
2. Infringement of Intellectual Property Rights: making protected content (music, films, software, trademarks, databases, etc.) available without the rights holder's written authorization;
3. Discours illicites : publishing or disseminating defamatory, insulting, hateful, violent, discriminatory, terrorist or pornographic content involving minors;
4. Cyber malveillance : hacking, phishing, fraud, malware, ransomware, unauthorized mining, vulnerability exploitation, port scanning or penetration testing without the target's written consent;
5. Network Attacks: preparing, initiating or relaying DDoS attacks, brute-force attacks or any attempt to compromise a third-party system;
6. Undeclared Anonymization Services: hosting or using VPNs, proxies, TOR relays, tunnels or forwarding services not expressly approved by HOSTOWEB.

5.2 Use of Resources
The Customer undertakes to use Resources reasonably, fairly and proportionately. Shared hosting is reserved for websites and applications with moderate traffic. Resource-intensive workloads (high-frequency APIs, large-scale scraping, video encoding, mining, automated testing, etc.) are prohibited and must be migrated to a VPS or dedicated server. After written warning where circumstances permit, HOSTOWEB reserves the right to (i) dynamically limit Resources, (ii) suspend the Service or (iii) propose migration to a suitable plan.

5.3 Software Compliance
The Customer warrants that installed scripts, CMS platforms, plugins and dependencies are lawful, regularly updated, free from known vulnerabilities and configured in accordance with the vendor's best practices and HOSTOWEB's published security guidance.
Article 6 – Responsibility for Content
The Customer remains solely responsible for Content. HOSTOWEB is neither the publisher nor a provider bearing full editorial liability within the meaning of Law No. 07-03 on cybercrime, but acts solely as a technical service provider. Accordingly, the Customer shall indemnify HOSTOWEB against any third-party claims or judgments arising from hosted Content.
Upon receipt of a notice complying with Law No. 53-05 or a judicial order, HOSTOWEB may remove or immediately block access to disputed Content without compensation or prior notice.
Article 7 – Technical Limitations and Indicative SLA
HOSTOWEB targets a monthly availability rate of 99,90 % for network and power infrastructure. Planned downtime (preventive maintenance) and force majeure events are excluded from the calculation. The Customer is responsible for configuring, backing up and testing restoration of their data. HOSTOWEB offers paid managed backup options that the Customer may choose to purchase.
Article 8 – Orders, Payments and Billing
8.1 Activation conditions
Services are provisioned only after actual and irrevocable receipt of the amount due, unless otherwise stipulated in a duly signed agreement or purchase order. Quotations are valid for fifteen (15) days unless otherwise stated.

8.2 Payment Methods
To pay for your order, select one of the payment methods offered by HOSTOWEB on the payment page.
For payments through CMI, the transaction is submitted for debit from your account during the day following delivery confirmation.
Your multichannel payments are secured by the Centre Monétique Interbancaire (CMI), which provides a secure payment service.
The Customer warrants to HOSTOWEB that they have any authorizations required to use the chosen payment method when confirming the purchase order.
For card payments, provisions governing fraudulent use of payment instruments under the agreements between the consumer and card issuer and between HOSTOWEB and its bank apply.
8.3 Late Payment and Debt Recovery
If payment is not received in full by the due date:
• Automatic suspension of the Service twenty-four (24) hours after the deadline;
• Reactivation fee equal to ten percent (10%) of the outstanding amount including tax, with a minimum of MAD 100 excluding tax;
• Irreversible deletion of data fourteen (14) calendar days after the due date;
• Referral to collections and possible civil or criminal proceedings, with collection expenses payable by the Customer.

8.4 Early Termination
The Customer may request termination of a Service by providing thirty (30) days' written notice before the expiry date. Failure to pay constitutes implied termination but does not release the Customer from outstanding charges through the agreed term.
Article 9 – Price Guarantee and Price Changes
Customers benefit from a guarantee that their initial subscription price will remain unchanged, provided renewals continue without interruption.
In the event of general price reduction, the new pricing will be automatically applied from the next billing cycle.
Discounts and preferential pricing do not apply to the following items:
• Software licenses,
• Certificats SSL,
• Third-party modules or services,
• Technical or related fees.

HOSTOWEB reserves the right to pass on any price increase imposed by its suppliers, particularly for software licenses, certificates or external services. These adjustments will be communicated to the Customer within a reasonable period before taking effect.
Article 10 – Refund Policy
The Customer benefits from a thirty (30) day money-back guarantee starting from the initial Service activation date.
Refunds cover only the unused portion of the Service and expressly exclude setup fees, software licenses and domain names.
Refunds are processed as follows:
• Payments by Moroccan bank card, bank transfer or cash: refund in the form of nonrefundable credit to the client account.
• Payment by international bank card or PayPal: refund in the form of account credit or a return payment through the original payment method.
Credits granted are nontransferable, cannot be exchanged for cash and may not be exchanged or offset outside HOSTOWEB Services.
Article 11 – Personal Data Protection
In accordance with Law No. 09-08 concerning the protection of individuals with regard to personal data processing, HOSTOWEB undertakes to safeguard the confidentiality, security and protection of personal data collected from customers in connection with providing its Services.
Personal data collected is necessary to manage orders, deliver Services, issue invoices, support customers and meet legal obligations. It is intended exclusively for HOSTOWEB and is not transferred to third parties except where required by law or with the customer's express consent.
The Customer has rights of access, correction, objection, withdrawal of consent and deletion of personal data. Requests may be addressed to HOSTOWEB SARL/AU – 10 Rue Lalla Aïcha, Espace Riad Fès, No. 16, 3rd floor, Fez – or by email.
By accepting these Terms, the Customer gives free, specific, informed and unambiguous consent to HOSTOWEB's processing of personal data as described in this Article. This consent is recorded and may be withdrawn at any time under the conditions stated above.
Article 12 – Backup, Security and Integrity
The Customer is solely responsible for regularly backing up their data. HOSTOWEB accepts no liability for data loss outside subscribed managed backup plans that have been tested by the Customer. The Customer undertakes to maintain strong passwords, enable multi-factor authentication where available and promptly apply security patches.
Article 13 – Limitation of Liability, Insurance and Force Majeure
The liability of HOSTOWEB, for all causes combined, is strictly limited to the amount actually received for the relevant Service during the final billing month preceding the event giving rise to the claim.
Under no circumstances shall HOSTOWEB be liable for any indirect or consequential loss suffered by the Customer, including, in particular, loss of revenue, contracts, customers or reputation or any third-party claims.
The Customer is required to take out, at its own expense, insurance covering all risks related to operating its services, including business interruption, loss of earnings, third-party liability and technical incidents.
Any liability claim against HOSTOWEB must be brought within a maximum period of three (3) months following the date of the event giving rise to the claim. After this period, no claim shall be admissible.
HOSTOWEB's liability is also excluded in cases of force majeure or any event beyond its control that makes performance of its obligations impossible or excessively difficult, including but not limited to: natural disasters, power failures, fires, strikes, malicious acts, war or cyberattacks..
Article 14 – Confidentiality
The parties undertake to keep strictly confidential any technical, commercial, financial or strategic information obtained in connection with the Services throughout the term of the agreement and for five (5) years after expiry, except where disclosure is required by law or court order.
Article 15 – Intellectual Property
HOSTOWEB remains the owner of all intellectual property rights in the tools, software, configurations, documentation and trademarks made available to the Customer. The Customer receives a nonexclusive, nontransferable right to use them solely during the Service term.
Article 16 – Assignment and Subcontracting
The Customer may not assign any of their rights or obligations without HOSTOWEB's prior written consent. HOSTOWEB reserves the right to subcontract all or part of the Services while remaining responsible to the Customer.
Article 17 – Term, Renewal and Termination
Services are provided for the term selected at ordering. They renew automatically for successive equal terms unless terminated in accordance with Article 8.4. In case of material breach by either party not remedied within seven (7) days following written notice, the other party may terminate the agreement as of right, without prejudice to any damages that may be payable.
Article 18 – Special Terms
These Terms form the general framework applying to all Services offered by HOSTOWEB. Certain Services or products may, however, be governed by special terms ou specific contracts, as specified in product descriptions, quotes, purchase orders or separately signed agreements.
In the event of a conflict between these General Terms and the special terms of a Service, the special terms prevail solely within the scope to which they apply.
HOSTOWEB reserves the right to modify special terms at any time, provided it informs the Customer at least thirty (30) days before they become effective. The Customer may then choose to continue using the Service under the new terms or terminate without penalty.
Special terms may include provisions on security, confidentiality, backups, software licenses, SSL certificates, domain names or any other technical or commercial aspect of the Service. They are deemed incorporated into these Terms and form an integral part of the agreement between HOSTOWEB and the Customer.
The Customer is responsible for carefully reviewing the special terms applicable to each Service before subscribing.
Article 19 – Governing Law and Jurisdiction
These Terms are governed by Moroccan law. Any dispute concerning their interpretation, performance or validity shall fall within the exclusive jurisdiction of the Fez Commercial Court, including where there are multiple defendants or third-party proceedings.
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CUSTOMER SUPPORT / HOSTOWEB

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