Conditions d'utilisation
Preamble
These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") govern the contractual relations between Gulf Communication, a company incorporated under the laws of Morocco, with a registered office in Casablanca, Morocco (hereinafter referred to as "the Service Provider"), and its clients (hereinafter referred to as "the Client"). These GTCS form an integral part of the contract concluded between the parties.
Scope and Application
These GTCS establish the basis for commercial negotiations and are systematically provided to each Client to facilitate the placement of orders. The GTCS stipulate the rights and obligations of Gulf Communication and its Client in the context of the sale of services rendered. Acceptance of the quote/order form, including the clause "I acknowledge and accept the attached general terms and conditions of sale," implies the Client’s unconditional adherence to these GTCS.
Definition of Services
Each service entails an initial project study by the Service Provider to establish a quote. The Client shall provide all necessary documents and information to the Service Provider. The Client is required to develop a specifications document to better define the desired services, including functionalities, objectives, and desired delivery timelines. Once validated, the specifications cannot be modified without incurring additional costs from the Service Provider.
Orders
Any quote signed and accepted by the Client constitutes a binding commitment to place an order. Acceptance of the quote triggers the execution of services and the payment of the deposit. Orders are formalized by the Client’s acceptance of the quote, either in writing or by email. Modifications or cancellations after acceptance are not allowed without the Service Provider’s express agreement and may incur additional costs.
Pricing
Prices are net and exclusive of taxes, determined by quote, and valid for the period indicated on the quote. The Service Provider reserves the right to modify prices at any time outside the validity period. The currency of payment is the euro unless otherwise specified.
Payment Terms
Payments for orders can be made by check, bank transfer, or online card payment. Payment terms are as follows: Payment within 30 days of the invoice date. In case of non-payment or late payment, Gulf Communication reserves the right to suspend ongoing services until all outstanding debts are cleared, and may charge interest and recovery costs.
Delivery
The execution of services will commence as soon as the agreed deposit is received. Delivery times are indicative only unless expressly guaranteed in the special conditions. Delivery of the service is carried out at the Client's registered office or digitally, and a delivery receipt will be established. Services will be deemed conforming to the order in the absence of express reservations or claims by the Client upon receipt.
Client and Service Provider Commitments
The Client commits to providing all necessary documents and information, ensuring compliance with current legislation, and collaborating with the Service Provider. The Service Provider commits to informing the Client about the project's progress and advising on product use and prerequisites.
Service Provider Responsibilities and Warranties
The Service Provider’s liability can only be invoked in case of proven fault or negligence and is limited to direct damage. To assert their rights, the Client must inform the Service Provider in writing of any defects within three months from their discovery. The Service Provider is not liable for indirect damages such as loss of profit or business.
Limitation of Liability
The Service Provider shall not be liable for website malfunctions caused by modifications made by any person other than the Service Provider. In case of proven liability, the Service Provider's responsibility is limited to the amount paid by the Client for the provision of services.
Subcontracting
The Service Provider reserves the right to subcontract all or part of the execution of its services. The subcontractor will intervene under the sole responsibility of the Service Provider and will commit to maintaining confidentiality.
Copyright
Studies, projects, prototypes, and all other documents produced by the Service Provider remain its property until the Client has paid for all agreed services in full. After final validation and complete payment, all intellectual property rights are transferred to the Client, with the Service Provider retaining moral rights over their work.
Force Majeure
The parties will not incur any liability in the event of non-performance or delay due to a fact independent of their will and beyond their control. This includes any event beyond the control of the parties, which could not be reasonably foreseen and whose effects cannot be avoided by appropriate measures.
Dispute Resolution
All clauses in the GTCS and all sales operations are subject to Moroccan law. All disputes arising from this contract will be subject to the exclusive jurisdiction of the Commercial Court of the Service Provider's registered office.
Contact Information
Gulf Communication
Should you have any questions about our Terms of service, or if you would like to exercise any of the rights available to you, please email us at contact@gulfcommunication.com