The purpose of these General Conditions is to define the conditions for making available and using CLOUD4AFRICA services.
ARTICLE 1: SERVICES CONTROL
1.1. Custom account. In order to order CLOUD4AFRICA Services, the Client must have a valid Customer Account (hereinafter the “Account” or “Customer Account”). The Customer creates his Customer Account online on the CLOUD4AFRICA website. The Customer shall provide all the required information (including e-mail, identity, contact details, bank information, etc.) and undertakes that all the information so provided is accurate and updated throughout the duration of the Contract. When the Customer Account is created and used by a person acting in the name and on behalf of the Client, it declares and guarantees CLOUD4AFRICA the power and capacity to represent and engage the Client under the conditions provided for in the Contract.
1.2. Verification and activation of the Client Account. Before the activation of the Customer Account and at any time during the Contract, CLOUD4AFRICA reserves the right to check the accuracy of the information communicated by or on behalf of the Client, and to request the Customer for supporting documents. CLOUD4AFRICA reserves the right not to activate or deactivate the Customer Account in the event of incomplete, erroneous or fraudulent information.
1.3. Orders. As from the activation of his Customer Account by CLOUD4AFRICA, the Client may order Services. Depending on the Services, the Orders may be placed from the CLOUD4AFRICA website and/or directly from the Customer Management Interface, and/or by using, where appropriate, the APIs made available by CLOUD4AFRICA. The Client is solely responsible for managing its Customer Account and the means of authentication (such as identifiers, passwords, etc.) associated with it. Any Service Order made from the Customer Account shall be deemed to have been made by the Customer and shall engage the Customer. The conditions and time limits for the provision of the Services vary depending on the Service ordered. Certain Services are made available only after receipt by CLOUD4AFRICA of the payment of the Customer. It is the responsibility of the Client to ensure that the conditions for making the Services ordered available are in accordance with his needs
1.4. Registration of domain names. When ordering domain name registration services, the Client acknowledges that CLOUD4AFRICA acts as an ICANN-accredited Registrar and undertakes to provide accurate and complete data in accordance with ICANN requirements. The Client understands that any inaccuracies or omissions may result in the suspension or deletion of the domain name concerned.
ARTICLE 2: SERVICES
2.1. Applicable service conditions. The provision and use of the Services shall be governed by these General Conditions of Service, the Special Conditions of Service applicable to the Services concerned, any other conditions to which the said General Conditions and Special Conditions make reference, such as, in particular, Third Product Conditions and CLOUD4AFRICA Detental Charter, as well as all information brought to the attention of the Customer at the time of the Order (the “Service Conditions”). The use of Third Party Products (such as software, systems, applications, etc.) made available by CLOUD4AFRICA in the context of the Services may be subject to specific conditions of use (the “Third Party Product Conditions”). The Special Conditions of Service and the Third Party Product Conditions supplement these General Conditions of Service. In the event of a contradiction, the Special Conditions of Service and these General Conditions shall prevail over the Third Party Product Conditions. All the Terms of Service in force are referenced and searchable from the CLOUD4AFRICA website or available on request from Support CLOUD4AFRICA. The Terms of Service may vary depending on the country in which the Services are located.
2.2. Information on the Services. CLOUD4AFRICA makes available to the Client online resources on the CLOUD4AFRICA website enabling the Client to familiarize themselves with and understand the characteristics of the Services offered. In particular, these resources may include (a) information on the various functionalities, configurations, options and ranges available, (b) documentation, technical guides or examples (or “use case”) of the use of the Services allowing for a better understanding and use of the Services. The Client may obtain additional information concerning the Services by contacting the CLOUD4AFRICA Support under the conditions laid down in the article “Support CLOUD4AFRICA” below. When CLOUD4AFRICA offers services conforming to recognized standards or specific regulations applicable to certain activities (e.g. hosting health data), CLOUD4AFRICA communicates its scope of responsibility as well as the conditions under which CLOUD4AFRICA complies with said standards or regulations.
2.3. Commitments and obligations of CLOUD4AFRICA. CLOUD4AFRICA undertakes to provide all necessary care and diligence for the provision of Quality Services in accordance with the characteristics, modalities and levels of Services provided for in the Contract. CLOUD4AFRICA undertakes in particular to have a competent team responsible for the assistance of the Client and the management of the incidents (the “CLOUD4AFRICA Support”), and to ensure the availability and security of the Services according to the applicable performance procedures and levels. CLOUD4AFRICA is subject to a means obligation.
2.4. Subcontracting. Subject to the conditions set out in the following Article “Location and Data Transfers”, CLOUD4AFRICA is entitled to subcontract all or part of the services entrusted to it under this Contract, to its Securities Company.CLOUD4AFRICA may freely, in the context of the execution of this Contract, use third parties (such as energy suppliers, network providers, However, unless otherwise provided by the Special Conditions in force or specific agreement of the Client, no service involving access to the Content stored by the Client in the context of the Services is subcontracted outside the CLOUD4AFRICA Group. CLOUD4AFRICA shall in any event be liable to the subcontractors it involves in the context of the performance of the Contract.
ARTICLE 2 S: OBLIGATIONS AS REGISTRAR ICANN
As an Internet Corporation for Assigned Names and Numbers (ICANN) accredited registrar, CLOUD4AFRICA undertakes to comply with all policies and obligations imposed by ICANN, including:
- The Policy on the Rights and Responsibilities of Domain Name Holders: https://www.icann.org/resources/pages/benefits-2013-09-16-en
- WHOIS (Whois Accuracy Program Specification) data accuracy requirements
- Dispute resolution procedures: UDRP and URS
- Policies to manage abuses, complaints and suspensions
- The RAA 2013 accreditation contract
ARTICLE 3: CONDITIONS OF USE OF SERVICES
3.1. Compliance with the conditions of service. The Client undertakes to order and use the Services in accordance with the Terms of Service in force. The Services must be used in good intelligence. The Customer undertakes in particular to read and comply with these General Conditions of Service, the Special Conditions of Service and the applicable Third Party Product Conditions, as well as any information communicated to the Customer at the time of the Order. When using the Services on behalf of third parties, or authorizing third parties to use the Services, the Client undertakes to communicate to them the conditions in force and guarantees that the conditions are met.
3.2. Choice of Services. Before ordering and using the Services, the Client undertakes to take note of all the Terms of Service in force (in particular the Special Conditions and Third Party Product Conditions) and to study all the documentation, configurations, options and range of services available in order to select services and characteristics adapted to its needs and to those of third parties by or on behalf of the Services. In particular, the Client shall ensure that the Services are adapted to the legal and regulatory requirements applicable to the activities carried out in the course of the use of the Services. For information concerning the Services, the Customer may contact Support CLOUD4AFRICA under the conditions laid down in the article “Support CLOUD4AFRICA” below. The conditions and characteristics of the Services change regularly. It is the responsibility of the Client to pay attention to these developments, particularly in the context of each new Order.
3.3. Connection. In order to use the Services, the Client must have, at his own expense and under his responsibility, a remote connection (such as the Internet or private network). The Client is informed that the Internet has technical uncertainties and security risks external to the technical means implemented by CLOUD4AFRICA within the framework of the Services. CLOUD4AFRICA is not responsible for failures of Internet service providers or other third-party data transmission network operators (in particular lack of reliability of connection lines, bandwidth fluctuation, interruptions, etc.), including the consequences of such failures, in particular when they lead to unavailability and/or discontinuity of the Services.
3.4. Means of authentication. The Client is responsible for the management and confidentiality of its authentication means, which are necessary to log in and use the Services. The Customer shall in particular ensure that Users are aware of and comply with the rules of the art which make it possible to preserve the confidentiality of their means of authentication. The Client alone bears the consequences that may result from the loss, disclosure, or fraudulent or unlawful use of the means of authentication provided to the Users, the liability of CLOUD4AFRICA may under no circumstances be engaged in this amount. The Client undertakes to inform CLOUD4AFRICA without delay of any loss or disclosure of the authentication means, and to proceed immediately with the renewal of the authentication means.
3.5. Contents. Subject to the elements made available by CLOUD4AFRICA, CLOUD4AFRICA does not intervene in the management of information, data, files, systems, applications, websites and other elements reproduced, hosted, collected, stored, transmitted, disseminated, published, published and more generally used and/or operated by the Client in the context of the Services (the “Contents”) and refrains from accessing such Contents. In particular, CLOUD4AFRICA shall not carry out any operation for monitoring, validating or updating such Contents. Similarly, CLOUD4AFRICA does not make any specific backup of the Content stored as part of the Services. It is therefore up to the Client to take all necessary measures to safeguard its Content in order to guard against the risk of loss or damage, whatever the cause. The Contents must be lawful and used in accordance with the rules of the art and the laws and regulations in force. Any use of illegal content (e.g. dissemination, publication, storage or transmission of Poundpornographic Content, Content that promotes crimes against humanity, acts of terrorism, paedophilia, anti-Semitism, racism or other, or Content inciting hatred against persons on the basis of their sex, religion, sexual orientation or identity)
3.6. Compliance with laws, regulations and ethical rules. The Services must be used in a reasonable manner and in accordance with the legal and regulatory provisions in force. In particular, without this list being exhaustive, are prohibited, (a) the misuse or fraudulent uses of the Services and resources made available to the Client, including uses likely to endanger the stability and security of CLOUD4AFRICA systems or which may cause a deterioration in the performance of the Services provided to other customers of CLOUD4AFRICA, (b) the activities of intrusion or attempted intrusion from the Services.
3.7. Suspension of services. CLOUD4AFRICA reserves the right to suspend all or part of the Services, in the event of (a) a proven risk to the stability and/or security of CLOUD4AFRICA systems and environments, of the Services and/or data of the Client, (b) a planned maintenance, (c) a request from a competent administrative or judicial authority, (d) the non-compliance with all or part of the conditions of the Services. Such suspension may be brought immediately and without notice in the event of an emergency or necessity, and in particular in the cases described in points (a), (c) and (d) above, as well as in the event of unlawful or fraudulent use of the Services, or use made in violation of the rights of a third party, and more generally, of any use on the basis of which the liability of CLOUD4AFRICA would be called into question. As far as possible, and subject to cases of judicial and administrative requisitions and non-compliance with these conditions of use of the Services, CLOUD4AFRICA shall ensure that the impact of the suspension on the normal operation of the Services is limited. The above-mentioned suspensions shall in no way relieve the Client of its obligation to pay in full the amounts due to CLOUD4AFRICA under the Contract, without prejudice to the possibility for the Client to incur the liability of CLOUD4AFRICA under the conditions provided for in the “Responsibility” article below in the event that such suspensions result from a failure of CLOUD4AFRICA to comply with its obligations. The Client may consult the planned maintenance on the interface provided for this purpose. In the event that they result from a breach by the Client, the above-mentioned suspensions shall be without prejudice to the right of CLOUD4AFRICA to terminate the Contract under the conditions provided for in the article “Termination for breach” below and to seek compensation for the damage suffered. Subject to termination or non-renewal of the Services, the suspensions of Services shall not result in the deletion of the Client's data. Unless they result exclusively from CLOUD4AFRICA’s failure to comply with its obligations, the above-mentioned suspensions may not be considered as a time of unavailability of Services in connection with the implementation of the Service commitments under the Contract.
3.8. Developments in services. CLOUD4AFRICA may at any time and in full right modify the Services, including adding, modifying or removing ranges, options or functionalities and changing their performance. The Services are described online on the CLOUD4AFRICA website. It is up to the Customer to be vigilant with regard to developments in Services, which are applicable immediately in the context of any new Orders. With regard to its services in use, the Client is informed by e-mail and via its Management Interface of any substantial development likely to degrade said Services, at least thirty (30) calendar days before the implementation of the development. However, changes to Third Party Products and emergency cases (such as security risk or legal or regulatory compliance) may result in immediate changes to Services. Subject to the article “Consumer specific conditions”, in the event of a change degrading a service in use (withdrawal of functionality, reduction in performance, etc.), the Client may terminate the said Service by registered mail with acknowledgement of receipt or via the form provided for this purpose in his Management Interface, within thirty (30) days of the implementation of the development.
3.9. Intellectual property. Rights of use. All elements (software, infrastructure, documentation, etc.) made available to the Client by CLOUD4AFRICA in the context of the Services and the performance of the Contract remain the exclusive property of CLOUD4AFRICA or third parties that have granted it the right to use them. CLOUD4AFRICA grants the Client the right to use such items made available to it, only under the applicable conditions and for the duration of this Contract. Subject to the above-mentioned elements, made available to the Client by CLOUD4AFRICA in the context of the Services, the Client remains solely responsible for acquiring all the authorizations and rights to use the elements and Content (such as data, software, applications, systems, websites, etc.) that it uses and which it uses in the context of the Services. The Customer and the Users remain the owners of their Content, CLOUD4AFRICA not claiming to use it for purposes other than those provided for in the Contract. Subject to the legal provisions of public policy in force, the Client is not authorized to decompile the software, codes and algorithms used in the context of the Services, in particular for the purposes of reverse engineering.
3.10. Third party products. Subject to the specific commitments that may be made under the applicable Special Service Terms, (a) CLOUD4AFRICA is not liable for Third Party Products made available in the context of the Services, which may include, in particular, technical errors, security flaws, incompatibilities or instabilities and does not provide any guarantee on the Third Party Products made available under the Services (including any information and elements associated with them such as The Customer uses the Third Party Products under his full responsibility, in compliance with the Conditions of Service in force, and in particular ensures that they are adapted to his needs and to the purposes for which they are used.
3.11. Continuity and Reversibility of the Services. Save as otherwise provided in the applicable Special Conditions, the termination of the Services, whatever the cause (including termination of the Contract, non-renewal, cessation of Services by the Customer, non-compliance with the Conditions of Service in force, etc.), as well as certain operations of updating and reinstalling the Services, result in the automatic and irreversible deletion of all the Contents (including information, data, files, systems, applications, websites) Before the expiry date of the Services, as well as before carrying out operations to delete, update or reinstall services, it is the Client’s responsibility to carry out, under his sole responsibility, any operation (such as backup, transfer to third-party solution, Snapshot, etc.) necessary for the retention of his Content. At the request of the Client, and subject to the stipulations of the article “Confidentiality” below, CLOUD4AFRICA shall inform him of any technical information relating to the Services likely to facilitate the reversibility and retrieval of its Content. These assistance services may give rise to additional billing at the time spent, on the basis of the financial conditions available on the CLOUD4AFRICA website or on simple request from the CLOUD4AFRICA Support. However, CLOUD4AFRICA does not carry out any operation to restore and migrate the Client's Content, which remains the exclusive responsibility of the latter. Subject to the data which CLOUD4AFRICA must keep in accordance with the regulations in force, the data referred to in Article 8.3 “CLOUD4AFRICA Processing” below, and the data necessary for the defence of its rights, CLOUD4AFRICA undertakes, following the cessation of the Services, and unless otherwise agreed between the Parties or specific provisions of the applicable Special Conditions, not to keep any copy of the Client’s data.
3.12 The Client is informed that, as the holder of a domain name registered via CLOUD4AFRICA, he is subject to ICANN policies. It undertakes to consult and comply with the conditions published by ICANN, available at: https://www.icann.org/resources/pages/policy-2012-02-25-en
ARTICLE 4: : SUPPORT CLOUD4AFRICA
4.1. The Support team CLOUD4AFRICA. The CLOUD4AFRICA Support team is responsible for managing the Incidents encountered as part of the Services and for providing the Client, upon simple request, with information regarding the conditions and characteristics of the Services. Subject to the other levels of Support available referred to in point 4.4 below, CLOUD4AFRICA Support is provided in French only, and information services relating to the Services are provided in working hours only. Incidents are managed 24/7. In order to ensure the continuity of the management of the Incidents, CLOUD4AFRICA reserves the right to subcontract part of the Support under the conditions laid down in the articles “Subcontracting” and “processing of personal data”.
4.2. Use of CLOUD4AFRICA Support. The Customer may contact CLOUD4AFRICA Support by e-mail, by means of a specific form available in the Management Interface or by telephone at: However, during unworked hours, CLOUD4AFRICA Support can only be contacted by e-mail or via the Incident Resolution Management Interface. Each Incident request or declaration shall give rise to the registration, by CLOUD4AFRICA, of a ticket (or “Tick Incident”). The Customer shall be informed by e-mail of the creation of the Incident Ticket and the corresponding number. The Client has access to the status and history of his requests and Incidents on his Management Interface. The Client undertakes not to abuse the CLOUD4AFRICA Support. Before using CLOUD4AFRICA Support, the Client must make use of the resources and information available on the CLOUD4AFRICA website (user guide, use case, product documentation, etc.) and in its Management Interface (reporting, monitoring, etc.). The Customer is prohibited from (i) contacting SupportCLOUD4AFRICA for services or products that it has not contracted directly with CLOUD4AFRICA, or (ii) to link the CLOUD4AFRICA Support teams with its own customers or any other third party to the Contract. CLOUD4AFRICA reserves the right to refuse to take charge of applications that do not comply with these conditions. The Client undertakes to adopt an appropriate, cordial and respectful conduct in his relations with the CLOUD4AFRICA Support. CLOUD4AFRICA reserves the right to cease to respond to the Client's requests and to terminate the Contract immediately in the event of abusive, excessive or degrading behaviour. In addition, such conduct may be prosecuted against and against the Client, CLOUD4AFRICA which may, in this context, resort to any means of proof which it considers useful and appropriate (extracts of communications with the Client, screenshots, e-mails, telecommunications recordings, etc.). Subject to the other levels of Support available referred to in point 4.4 below, Support CLOUD4AFRICA shall be included in the price of the Services.
4.3. Incident management. In the event of a malfunction of the Services, the Customer shall first carry out the technical tests recommended on the CLOUD4AFRICA website. If these tests do not make it possible to resolve the Incident, the Client declares it to Support CLOUD4AFRICA under the conditions described above, by providing the maximum amount of information to enable the diagnosis to be carried out correctly. In the event of an Incident, CLOUD4AFRICA Support carries out the necessary investigations in order to identify the cause of the malfunction encountered and to make a diagnosis. The Client undertakes to remain permanently available in order to be able to collaborate with CLOUD4AFRICA in the diagnosis and resolution of the Incident, in particular by providing him with any additional information, and by carrying out all the necessary tests and checks. In the context of the management of the Incidents, CLOUD4AFRICA and its Societies are expressly authorized by the Client to connect to the Client's Services, both in hardware and software, and to carry out any operation necessary for the development of the diagnosis. This connection may require the Client to intervene on his Service. CLOUD4AFRICA undertakes to keep the Client informed of the progress of the operations.
CLOUD4AFRICA notes that its Services are available and in good working order, that the existence of the Incident cannot be confirmed or that the Incident is not the responsibility of CLOUD4AFRICA, CLOUD4AFRICA informs the Client. In this case, the time spent by CLOUD4AFRICA to carry out the diagnosis and assist the Customer may be invoiced as additional services on a flat-rate basis at the price which can be consulted on the CLOUD4AFRICA website and recalled when it is notified of the Incident. CLOUD4AFRICA reserves the right to refuse any intervention if it finds, in its searches, that the Client is using the Service in violation of the Contract or the laws or regulations in force. If the Incident appears to be its responsibility, CLOUD4AFRICA finalises the diagnosis and works to restore the availability of the Impacted Services. In this case, the intervention of CLOUD4AFRICA does not give rise to any additional billing. The diagnosis shall be drawn up by CLOUD4AFRICA by all means, and in particular on the basis of exchanges between the Parties and data from the CLOUD4AFRICA information system (such as connection data), which, by express agreement, are admissible. Subject to the applicable Special Conditions and other levels of Support referred to in point 4.4 below, CLOUD4AFRICA does not provide any guarantee of intervention time and resolution of the Incidents under CLOUD4AFRICA Support.
4.4. Other levels of support. In addition to the CLOUD4AFRICA Support described above, CLOUD4AFRICA offers other levels of support enabling the Customer to benefit from additional services and commitment levels. These levels of support are described in the Specific Conditions and related documentation, available on the CLOUD4AFRICA website or on request from Support CLOUD4AFRICA.
ARTICLE 55: RESPONSIBILITY
5.1. Capacity. Each Party shall declare and guarantee that they have the authority and capacity necessary for the conclusion of the Contract and the fulfilment of its obligations. The Client and CLOUD4AFRICA declare and guarantee in particular that they have all the authorizations, skills and knowledge (in particular technical) to use and provide the Services respectively in accordance with the conditions laid down in the Contract.
5.2. RESPONSIBILITY OF CLOUD4AFRICA. WHEN THE SPECIFIC CONDITIONS OF APPLICABLE SERVICE PREVENTING SERVICES OF SERVICE LEVELING, THE PENALITIES OR CORRESPONDING APPROPRIATE SHALL BE DUTIVE BY CLOUD4AFRICA TO CLIENTCONSTITATE AN APPREASE APPREOF WITH THE APPLICABLE SERVICE COMMITMENT OF THE APPLICABLE SERVICE COMMITMENT, THE TOTAL CUMULATORY OF THE INMINISATION FOR CLOUD4AFRICA (APPEATED CORPORATIONS, SUB-TRALIATORS AND PRORENDERS INCLUDED)
5.3. OUTER RESPONSIBILITY. THE RESPONSIBILITY OF CLOUD4AFRICA NEED IN ANY ACT TO BE COMMENDED ON FOLLOWING: (A) USE OF NON-CONFORM SERVICES FOR THE CONTRACT;(B) INEXECUTION, DEFAILLANCE, DYSEFNCTIONY OR DISCOVERY D) LOSS, DODUCTION OR ILLICATE USE AND REPULATED MEANS OF USE OF USE OF THE DRY OR THIRD-BASED ON USE OF THE USE OF THE DRY OR THIRD-BASED ON THE APPLICATION OF THE USEFULAY OF THE USE OF THEREOF
(G) INADEQUATION OF SERVICES TO CLIENT NEEDS (NOTELY EU TO SENSIBILITY OF DATA CONCERNED), (H) INCIDENTS OF SECURITY ON THE USE OF INTERNET, INCLUDING THAT LOSS, ALTERATION, DESTRUCTION, DIVULGATION
5.4. Responsibility of the Client. The Client assumes all the risks and perils associated with its activities and is in particular solely responsible for the use of the Services made available to it by CLOUD4AFRICA and for compliance with the Conditions of Service in force, including when the Services made available to it are used by or on behalf of third parties. The Client remains responsible in particular for (a) the suitability of the Services ordered for its needs and for the needs of third parties by or on whose behalf they are used, (b) Content such as information, data, files, systems, applications, software, websites and other elements reproduced, hosted, installed, collected, transmitted, broadcast or published, and more generally used and/or used in the context of the Services, as well as (c) When the Client uses the Services in the course of a professional activity, or when he acts on behalf of third parties, he undertakes to take out third-party liability insurance with a notoriously solvent body covering all damage likely to be attributed to him, and undertakes to maintain such insurance (or any other equivalent insurance) throughout the period of the Contract.
5.5. Guarantee. Each Party shall ensure that it operates in accordance with the regulations in force. In particular, the Client guarantees CLOUD4AFRICA against all consequences resulting from (a) the use or exploitation of illegal Content in the context of the Services, (b) the fraudulent use of the Services or non-conforming with the laws and regulations in force, (c) the use of the Services in violation of the rights of third parties, (d) the inadequacy of the Services to its needs or to the needs of third parties, and (e) the use of the Services. The Client undertakes to intervene in the context of any requests, claims and/or actions of third parties involving the Contents and/or the Terms of Service, including the administrative and judicial authorities, and to indemnify CLOUD4AFRICA for any damage resulting therefrom (including conviction, reasonable defence costs, etc.).
5.6. Third party. Under this Contract, CLOUD4AFRICA makes no commitment to third parties, including to Users, as no stipulation may be construed as creating third-party beneficiaries of this Contract. The Customer is solely responsible for its relationship with third parties, in particular with the Users of the Services, and guarantees CLOUD4AFRICA against any requests, claims and/or actions of third parties, challenging the CLOUD4AFRICA Services. The Client undertakes to notify CLOUD4AFRICA in writing as soon as possible, all requests, claims and/or actions of third parties involving the CLOUD4AFRICA Services, specifying the subject matter of the request and any relevant information so that CLOUD4AFRICA can communicate to the Client the relevant elements in its possession.
5.7. Force Majeure. Neither Party shall be liable on the basis of a failure resulting, directly or indirectly, from unforeseeable events with the characteristics of force majeure. However, in order to avail itself of this provision, the Party which is unable to fulfil its obligations shall inform the other Party as soon as possible and in writing, specifying the circumstances and foreseeable duration of the situation, and shall keep it regularly informed of developments. If, despite the efforts of the failing Party, its default exceeds thirty (30) consecutive days, the other Party may, by right, terminate all or part of the Services impacted.
ARTICLE 6: FINANCIAL CONDITIONS
6.1. Service prices. The prices of the Services invoiced to the Customer are those in force at the time of invoicing, as published on the CLOUD4AFRICA website. Prices are also communicated on request to Support CLOUD4AFRICA. Unless otherwise stipulated, prices are in CFA francs. Depending on the type of services, CLOUD4AFRICA offers different types of rates (lump sum monthly, flat-rate price, half-yearly flat price, use price, etc.) to which a specific commitment period and/or a specific invoicing method may be associated, depending on the case. When for the same service, several types of fares are available, the Customer selects the one of his choice at the time of the Order. When they are mentioned before taxes (in particular as regards services intended for professionals), VAT and any other tax applicable to services (excluding taxes and taxes on the income of CLOUD4AFRICA) are added to the price of the Services and are due by the latter without this being considered as a change of price within the meaning of Article 6.2 below. Unless specifically provided for pricing, the price of the Services includes the cost of acquiring licences and rights to use the tools, software and operating systems used by CLOUD4AFRICA and/or, where appropriate, made available to the Client by CLOUD4AFRICA as part of the Services. It is the responsibility of the Client to acquire and pay any licence or right to use necessary for the exploitation of the Content that it uses as part of the Services. The procedures for calculating the prices of the Services and the units of work are defined on the CLOUD4AFRICA website and in the applicable Special Conditions. It is up to the Customer to read it before placing an order. Each unit of work started is invoiced and due in full, including if not fully used. Some services give rise to additional installation or commissioning costs.
6.2. Change of price. CLOUD4AFRICA reserves the right to change its prices at any time. Price changes are immediately applicable to any new Orders. For the services in use, in the event of a price increase, the Customer is informed with a period of notice of thirty (30) calendar days by e-mail. In this case and subject to the article “Consumer specific conditions”, the Customer will have, from this information, a period of thirty (30) calendar days for terminating the Services impacted, by registered mail with acknowledgement of receipt or via the form provided for this purpose in its Management Interface. Otherwise, the Client shall be deemed to have accepted the new rates. The above-mentioned possibility of termination shall not apply in the event of a price increase resulting from unforeseeable circumstances.
6.3. Billing. The Services are invoiced on the basis of the Customer's consumption and Customer Orders found by CLOUD4AFRICA in its information system, which is authentic and fully enforceable against the Customer. The periodicity (monthly, quarterly, half-yearly, annual, or otherwise) and the time (on the order or expired expired) of billing varies from one Service to another. The conditions for charging the prices of the Services are set out on the CLOUD4AFRICA website and in the applicable Special Service Conditions. It is up to the Customer to read it before placing an order. After each payment, CLOUD4AFRICA sends an invoice to the Customer. The Customer expressly accepts that the invoice is transmitted to him by electronic means. The invoice is communicated to the Customer by e-mail and/or made available to the Client in the Management Interface. It is the responsibility of the Client to keep a copy of the copy in accordance with the regulations in force. The invoices made available to the Client in the Management Interface shall remain there for a period of twelve (12) months following their date of making available.
6.4. Payment. Invoices are payable upon receipt, it being specified that, depending on the Services, invoices are issued either on the Order or on the future of the instalment. It is up to the Client to select in its Management Interface the desired payment method from among the available payment methods. The available payment methods may vary from one Service to another. It is up to the Customer to read it before placing an order. With regard to the services payable in due term, CLOUD4AFRICA reserves the right to charge the Client for the purpose of the end of the current calendar month, provided that the Services consumed by the Client during the month in question reach a significant total amount. The Client is solely responsible for the payment of the Services under the above-mentioned conditions. It undertakes to register a valid means of payment in its Customer Account and to have the funds necessary for the payment of the Services. Subject to the right of withdrawal provided for in the article “Consumer Specific Conditions”, the prices are due in their entirety, the Customer being entitled to any reimbursement in the event of non-use, partial use, suspension or cessation of use of the Services before the end of the Period of Use. This is without prejudice to the possibility for the Client to incur the liability of CLOUD4AFRICA under the conditions laid down in the “Responsibility” article below, if this situation results from a failure by CLOUD4AFRICA to the performance of its obligations.
6.5. Defect and late payment. In the event of default or late payment, including partial payment, the Customer shall be liable for penalties for late payment on the day following the settlement deadline, and whose interest rate is three times the statutory interest rate. In addition, any default or delay of payment (even partial) of the amounts due by the Client in execution of the Contract, which persists for more than (30) thirty calendar days after notification of default or delay of payment addressed to the Customer by e-mail, shall entail ipso facto and without the need for additional notice of notice or payment (a) the immediate payment of all outstanding amounts due under the Contract, irrespective of the payment procedure provided for, and
6.6. Contestation. Any disagreement concerning the billing and the nature of the Services must be notified to the CLOUD4AFRICA Customer Service, through the Client Management Interface, within one (1) month of issue of the invoice. Failing this, and without prejudice to the possibility for the Customer to subsequently contest the billing, the Customer is obliged to pay the unpaid invoices under the conditions laid down in the Contract. In the event of non-invoicing, CLOUD4AFRICA is authorised to regularise such invoices within the limits of the prescribed rules in force.
ARTICLE 7: : DURATION, RENEWAL AND RESILION OF SERVICES
7.1. Duration of services. The Contract is concluded for an indefinite period and remains in force as long as the Client uses CLOUD4AFRICA Services. The period during which the Customer undertakes to use the Services ordered is that applicable to the tariff option selected by the Customer at the time of the Order (the “Use Period”). In the case of payment on the package or by subscription (monthly, annual or otherwise), and subject to the article “Consumer Specific Conditions”, the Customer undertakes to use the Services for the duration of the service. Failing this, and in particular in the event of suspension or early cessation of the use of the Services, the Customer remains obliged to pay the package in full and is not entitled to any reimbursement as such. In the case of payment in use, the Services shall be made available for an indeterminate period of time, the Client being able to terminate it at any time in accordance with the arrangements in force.
7.2. Renewal of services. The renewal of the services on the CLOUD4AFRICA platform is done only by prior payment of the Client. Requests for renewal by payment are automatically rejected in the event of non-payment or irregular payment (including incorrect amount, incomplete payment, or not containing the required references, or by means or procedure not accepted by CLOUD4AFRICA). In the case of a renewal paid for by cheque, it is up to the Customer to request the renewal with sufficient time so that the cheque is actually received by CLOUD4AFRICA before the expiry of the Service. CLOUD4AFRICA reserves the right to terminate a renewal, in particular in the event of the service being terminated with a reasonable period of notice.
7.3. Termination for non-compliance. Without prejudice to other cases of termination provided for in the Contract, in the event of a breach by one or all of the Parties of the obligations under its obligations, the Services may be terminated by registered mail with acknowledgement of receipt after notification of the deficiencies in question has been sent by registered mail with acknowledgement of receipt to the defaulting Party and has remained ineffective for more than seven (7) calendar days. Notwithstanding the foregoing, in the event of malicious, unlawful or fraudulent use of the Services, or use made in violation of the rights of a third party, CLOUD4AFRICA may, as of right, terminate the Services concerned or the Contract in its entirety, by e-mail and without prior notice. This paragraph does not call into question the right of CLOUD4AFRICA to suspend or interrupt the Services under the conditions laid down in the Contract, in particular in the event of non-compliance with the Conditions of Service in force. Terminations for breach are without prejudice to any damages that may be claimed from the defaulting Party
ARTICLE 8: PROCESSING OF PERSONAL DATA
8.1. Compliance with applicable regulations. The Parties undertake to comply with the legal and regulatory provisions in force relating to information technology, files and freedoms, in particular Act No. 2013-450 of 19 June 2013 on the protection of personal data. Each Party undertakes, in particular, with regard to the processing of personal data for which it is responsible, to carry out all the necessary formalities (declarations, requests for authorisation, etc.) to the AUTHORITY OF ACTIVITY (ACTIVITY) or any other competent body, and to respect the rights of the persons concerned (including the right to obtain access, access and rectification). The Client, who remains solely responsible for the choice of the Services, ensures that the Services have the characteristics and conditions required to be able to process personal data envisaged in connection with the use of the Services, taking into account the regulations in force, in particular when the Services are used to process sensitive data (e.g. health data). When CLOUD4AFRICA offers services to enable the Customer to process personal data subject to specific legal or regulatory provisions (e.g. hosting health data), CLOUD4AFRICA communicates to the Client the latter’s liability, as well as the conditions under which CLOUD4AFRICA complies with said standards or regulations.
8.2. Processings carried out by or on behalf of the Client.
8.2.1. Responsibility for salaries. The Customer remains solely responsible for the processing of personal data carried out on its own account in the context of the Services, whether by himself, by CLOUD4AFRICA or by third parties. With regard to the processing of personal data carried out by CLOUD4AFRICA on behalf of the Client in the context of the execution of the Services (in particular support services), CLOUD4AFRICA acts as a subcontractor on the sole instructions of the Client.
8.2.2. Security. CLOUD4AFRICA shall, under the conditions laid down in the Contract, take all necessary precautions to preserve the security and confidentiality of the personal data to which it has access, in particular, to prevent them from being distorted, damaged or from unauthorized third parties. In this regard, CLOUD4AFRICA undertakes in particular not to access or use the Client’s data for purposes other than for the purposes of the execution of the Services (and in particular the services of the Services). CLOUD4AFRICA may, however, have to communicate such data to judicial and/or administrative authorities, in particular in the context of requisitions. In this case, and unless the competent authority provides legal or an injunction preventing it, CLOUD4AFRICA undertakes to inform the Client thereof and to limit the communication of data to those expressly required by those authorities. CLOUD4AFRICA undertakes to put in place (a) physical security measures to prevent access to Infrastructures on which the Customer's data are stored by unauthorised persons, (b) identity and access checks via an authentication system and a policy of
password, (c) an authorization management system to limit access to premises only to persons who need access to them in the context of their functions and scope of activity, (d) security personnel responsible for ensuring the physical security of premisesCLOUD4AFRICA, (e) a system of physical and logical isolation of the Clients with each other, (f) the authentication processes of the users and administrators. The Client shall ensure the security of the resources, systems and applications it deploys in the context of the use of the Services, and shall in particular remain responsible for the establishment of systems for filtering flows such as firewall, the updating of the systems and software deployed, the management of access rights, the configuration of the resources, etc. CLOUD4AFRICA shall in no case be responsible for security incidents related to the use of the Internet, in particular in the event of loss of access.
8.2.3. Location and data transfer. When the Services allow the Customer to store Content, the location or, as the case may be, the geographical area, of the data centre(s) available is specified on the CLOUD4AFRICA website. When several locations or geographical areas are available, the Customer selects the one(s) of his choice at the time of the Order. Subject to the applicable Special Service Conditions, CLOUD4AFRICA prohibits itself from modifying, without the consent of the Customer, the location or geographical area provided for in the Order, of the Content stored by the Customer as part of the Services. Subject to the foregoing concerning the location of the Data Centres, the Friends of CLOUD4AFRICA located in Côte d’Ivoire as having an adequate level of protection of personal data with regard to the protection of the privacy and fundamental rights and freedoms of individuals, as well as with regard to the exercise of the corresponding rights, are authorised to access the personal data stored by the Client solely for the purposes of the Services.
8.2.4. Audit. CLOUD4AFRICA undertakes to make available on the CLOUD4AFRICA website or, at the request of the Client addressed to Support CLOUD4AFRICA, information concerning the security measures implemented in the context of the Services in order to enable the Customer to ensure that these measures meet his needs or those of the Users. Where the Services are certified or subject to specific audit procedures, CLOUD4AFRICA may make the corresponding certificates and audit reports available to the Client. Certain Services are eligible for on-site audits under the conditions laid down in the applicable Special Conditions. The above-mentioned services may give rise to additional invoicing.
8.3. WHOIS data verification. In accordance with the ICANN requirements, CLOUD4AFRICA implements a process for validating the WHOIS data of domain name holders. Any inaccuracies reported may be subject to suspension until correction. Customers can report inaccuracies to: legal-cloud4africa.net or via their customer area.
ARTICLE 99: CONFIDENTIALITY
9.1. Commitments. Each Party undertakes, with regard to the confidential information of the other Party from which it is a recipient or to which it has access in the performance of this Contract: (a) to use such confidential information only for the purpose of the performance of the Contract, (b) to preserve the confidentiality of such information with the same degree of care as if it were its own confidential information, and (c) Each Party is also authorized to disclose the other Party’s confidential information to its advice when it is part of a regulated profession subject to professional secrecy (such as lawyers, accountants or auditors). Each Party shall not disclose the other Party’s confidential information to persons other than those referred to above without the prior written consent of the other Party, and shall rely heavily on the confidentiality of such information by all persons disclosed by the other Party. Confidential information shall be deemed to be the terms of the Contract and all information provided between the Parties, or to which the Parties have access in the performance of the Contract, in any form and nature (including financial and marketing information, trade mark, know-how, information on the security and conditions of use of the Services). For information to be considered confidential, it is not necessary for its confidentiality to be entered in the document or other medium containing such information, or for it to be specified at the time when the information is disclosed.
9.2. Exceptions. The confidentiality commitments set out above do not apply to information from which the recipient Party can demonstrate that (a) the recipient Party had a legitimate knowledge of the confidentiality without being obliged to keep it confidential, before the other Party communicates or gives it access to it, or (b) it is in the public domain other than as a result of a breach by the recipient Party (or persons for whom it is responsible) Notwithstanding the foregoing, each Party reserves the right to disclose information received from the other Party(a) within the limit strictly necessary for the defence of its rights, it being specified that in this case the confidential information of the other Party shall be kept the legal time necessary for the administration of evidence, and may be disclosed only to persons who need to know it in the course of the action or procedure in question (mag).
ARTICLE 10: : GENERAL PROVISIONS
10.1. Divisibility. The invalidity of any of the terms of the Contract underwritten by CLOUD4AFRICA pursuant, inter alia, to a law, a regulation or following a decision of a court withheld in force of res judicata shall not entail the nullity of other clauses of the Contract which will remain in full effect and effect. In such a case, the Parties shall, to the extent possible, replace the cancelled provision with a valid provision corresponding to the spirit and purpose of the Contractual Conditions.
10.2. Titles. The sole purpose of the headings of the articles of the contractual terms is to facilitate references and do not have any particular contract value or meaning on their own.
10.3. Tolerance. The fact that CLOUD4AFRICA does not prevail at any 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 shall not be construed as a waiver by CLOUD4AFRICA of any subsequent reliance on any of the Conditions.
10.4. Contractual documents. The Contract consists of the Terms of Service which constitute the entire Contract concluded between the Client and CLOUD4AFRICA, to the exclusion in particular of the Client’s general terms and conditions and all other documents, agreements or discussions above. CLOUD4AFRICA may at any time and of full change to the Terms of Service. These changes shall apply immediately to any new Orders. With regard to its services in use, the Customer is notified by e-mail or via its Interface to manage any modification of the Service Conditions in force. The amendments to the Conditions of Service shall not enter into force until thirty (30) calendar days after the above-mentioned notification has been sent. However, amendments to Third Party Product Conditions and legal or regulatory compliance may take place immediately to the extent that CLOUD4AFRICA does not control them. Subject to the article “Consumer Specific Conditions”, when new Terms of Service are unfavourable to the Client, the latter may terminate the Services impacted by registered mail with acknowledgement of receipt or from the form provided for this purpose in its Management Interface, within a maximum period of thirty (30) calendar days from the entry into force of the new Conditions of Service.
10.5. Independence. The Parties agree that nothing in the Contract may be interpreted as constituting a mandate, a joint venture, a de facto company, a joint venture, a joint venture or any other form of grouping, joint venture or association. Each Party shall remain fully independent, the owner of the management of its affairs, and shall be responsible for all its acts, and shall assume the full risks associated with its activity on its own.
10.6. Assignment of a contract. Neither Party shall be entitled to assign this Contract, even partially, except in writing by the other Party. However, by way of derogation from the foregoing, each Party may freely assign all or part of this Contract to its parent companies. In such a case, it shall notify the other Party as soon as possible in writing and shall rely on compliance with the Contract by the Securities Company(s) of the assignee(s). The following transactions shall not fall within the scope of this Article and shall be permitted: (a) changes in shareholding, changes in participation and changes in control of either Party, and (b) transactions such as mergers, removals, transfers of business and other transactions involving the transfer of assets by either Party. If one of the Parties carries out one of the operations referred to in points (a) and (b) above, it shall inform the other Party accordingly. If the transaction is carried out for the benefit of a direct competitor of the other Party, the latter is entitled to terminate the Contract ipso facto and without compensation.
10.7. Communications. For any exchange of information by e-mail, the date and time of the CLOUD4AFRICA server shall be authentic between the Parties. This information will be retained by CLOUD4AFRICA throughout the contractual relations period and for the following three (3) years. Subject to other modes of communication and addressees provided for in the Contract, all notifications, notices, notices, notices, notices, notices, notices, notices, notices, notices, notices, notices, notices, notices, notices, notices, notices, notices, notices, notices, notices, notices, notices, notice
- IN CLOUD4AFRICA: By registered letter with acknowledgement of receipt to the following address: Customer Service CLOUD4AFRICA – Immeuble Djeria zeppe - Cocody Deux-Plateaux - Vallons-Rue des Jardins – 22 BP 1590 Abidjan 22
- To the Client: By registered letter with acknowledgement of receipt to the postal address associated with his Customer Account or by e-mail.
10.8. Advertising and promotion. Unless otherwise decided by the Client communicated from its Management Interface, CLOUD4AFRICA is entitled to rely on the commercial relationship between the Client and CLOUD4AFRICA in the usual conduct of its commercial activities with its customers and prospects. Any other mention by CLOUD4AFRICA of the Client, as well as any other use of his distinctive signs (logos, trademarks, etc.) in the context of advertisements, public events, symposia and specialized publications on professional markets, or on its booklets, commercial documents or CLOUD4AFRICA Internet site, is subject to the prior agreement of the Client.
10.9. Agreement of evidence. It is expressly agreed that the data of the information system of CLOUD4AFRICA or its subcontractors, such as logs of connection, consumption statements, summary of orders and payment, report for the management of the Incidents or others, are fully enforceable against the Client and admissible, including in the context of contentious procedures.
10.10. Computation of time limits. By way of derogation from the provisions of articles 640 et seq. of the Code of Civil Procedure, and subject to different provisions of this Contract, the time limits shall be calculated in calendar days and shall begin to run from the day following their triggering event.
ARTICLE 11: : JURISDICTIONAL COMPETENCE AND APPLICABLE LAW
11.1. Jurisdictional jurisdiction. In the event of a dispute with a client not considered to be a consumer, the express jurisdiction shall be conferred on the Court of Abidjan notwithstanding the plurality of defendants or an appeal for a guarantee, including for emergency measures, interim measures of protection or on request.
11.2. Applicable law. This contract is governed by Ivorian law. This applies both to the substantive rules and to the rules of form, to the exclusion, on the one hand, of the conflict rules provided for by Ivorian law and, on the other hand, provisions of Ivorian law which would be contrary to this Contract.
ARTICLE 12: : SPECIFIC CONDITIONS FOR CONSUMERS
The following stipulations apply only to Customers with Consumer status. They supplement the other provisions of the CLOUD4AFRICA General Conditions of Service which remain fully applicable to said Consumer Clients, subject to the stipulations to which Article 12.2 expressly derogates from.
12.1. Additional styipulations. The following stipulations complement the CLOUD4AFRICA General Conditions of Service, which remain fully applicable to consuming customers.
12.1.1 Provision of services. CLOUD4AFRICA undertakes to make the Service available to the Customer within the period provided for in the Order, or in the absence of an indication or agreement as to the date of the provision of the Service, within a maximum of fifteen (15) days following validation of the Order. If the Service is not made available to the Customer within the applicable period referred to above, the Customer may request the cancellation of the Order by registered mail with acknowledgement of receipt or by creating a ticket in his Management Interface by specifying in the subject of his message “Termination for failure to make available”. The sums paid by the Customer shall be reimbursed to him within fourteen (14) days following cancellation of the Order under the aforementioned conditions.
12.1.2 Termination. In accordance with the law of the Consumer Code, any request for termination of the Contract by the Customer shall be effective from the day following the date of receipt by CLOUD4AFRICA, provided that the Customer has specified all the information required to enable it to be identified. The Customer may also request that such termination take effect more than ten (10) days after the receipt, by CLOUD4AFRICA, of its request for termination.
12.1.3 Claims. For any CLOUD4AFRICA service claim, this may be addressed:
- In the first use of CLOUD4AFRICA: Customer Service CLOUD4AFRICA – Djeria zeppe building - Cocody Deux-Plateaux - Vallons-Rue des Jardins – 22 BP 1590 Abidjan 22. CLOUD4AFRICA makes a complaint form available to the Client in its Manager.
- In the second resort, when the Client has not received a reply within thirty (30) calendar days from the receipt of his complaint or if he is not satisfied with the response provided by the Customer Service, he may apply to CLOUD4AFRICA SAS - Customer Service CLOUD4AFRICA – Imméuble Djeria 'eppe - Cocody Deux-Plateaux The Client's request will be re-examined within thirty (30) calendar days from its receipt by the CLOUD4AFRICA National Consumer Service.
12.2. Derogating taps. The following stipulations are intended to replace the stipulations of the General Conditions of Services CLOUD4AFRICA to which they expressly derogate.12.2.1 (Noodize in article 3.8) Development of the Services. CLOUD4AFRICA may at any time and in full right modify the Services, including adding, modifying or removing ranges, options or functionalities and changing their performance. The Services are described online on the CLOUD4AFRICA website. It is up to the Customer to be vigilant with regard to developments in Services, which are applicable immediately in the context of any new Orders. With regard to the services in use by the Client, the latter is informed by e-mail and via its Management Interface of any substantial development likely to degrade those Services, at least one (1) month before the implementation of the developments. However, changes to Third Party Products and emergency cases (such as security risk or legal or regulatory compliance) may result in immediate changes to Services. In the event of a change that is degrading a service in use (withdrawal of functionality, reduction in performance, etc.), the Customer may terminate the Service by registered mail with acknowledgement of receipt or via the form provided for this purpose in its Management Interface, within four (4) months of the implementation of the evolution.12.2.2 (erotry to Article 6.1) Prices of the Services. The prices of the Services invoiced to the Client are those in force at the time of invoicing, as published on the CLOUD4AFRICA website in all-tax-inclusive format (TTC). Prices are also communicated on request to Support CLOUD4AFRICA. Unless otherwise stipulated, prices are in CFA francs. Depending on the type of services, CLOUD4AFRICA proposes different rates (lump sum monthly price, quarterly flat rate price, half-yearly flat price, annual flat price, use price, etc.) with which a specific commitment period and/or a specific invoicing method may be associated, as appropriate. When for the same service, several prices are available, the Customer selects the one of his choice at the time of the Order. However, certain Services are intended only for professional use, for customers considered to be traders within the meaning of the Commercial Code. The prices of these Services are only available in the duty-free (HT) format. Unless specifically provided for pricing, the price of the Services includes the cost of acquiring licences and rights to use the tools, software and operating systems used by CLOUD4AFRICA and/or, where appropriate, made available to the Client as part of the Services. It is the responsibility of the Client to acquire and pay any licence or right to use necessary for the exploitation of the Content that it uses as part of the Services. The procedures for calculating the prices of the Services and the units of work are defined on the CLOUD4AFRICA website and in the applicable Special Conditions. Each unit of work started is invoiced and due in full. It is up to the Customer to read it before placing an order. Some Services give rise to additional installation or commissioning costs.12.2.3 (Derotaring Article 6.2) Change of price. CLOUD4AFRICA reserves the right to change its prices at any time. Price changes are immediately applicable to any new Orders. For the services in use, in the event of an increase in price, the Customer is informed with a period of notice of one (1) month by e-mail. In this case and subject to price increases resulting from unforeseeable circumstances, the Customer has, from the entry into force of the modification, a period of four (4) months to terminate the Services impacted without penalty by registered mail with acknowledgement of receipt or via the form provided for this purpose in its Interface de Gestion.12.2.4 (Default and delay in payment. In the event of default or late payment, including partial payment, the Customer shall be liable for penalties for late payment on the day following the settlement deadline, and whose interest rate is three times the statutory interest rate. In addition, any default or delay of payment (even partial) of the amounts owed by the Client in execution of the Contract, which persists for more than four (4) calendar days after notification of the default or late payment addressed to the Customer by e-mail, shall entail ipso facto and without
the need for additional notice or notice (a) the immediate enforceability of all outstanding amounts owed by the Client under the Contract, regardless of the prescribed method of payment, and (b) the possibility for CLOUD4AFRICA immediately and without notice to suspend all or part of the Customer Services (including those that have been settled), to refuse any new Order or Renewal of Services, and to terminate the Contract. Earn in Article 10(4) Contractual documents. The Contract consists of the Terms of Service which constitute the entire Contract concluded between the Client and CLOUD4AFRICA, to the exclusion in particular of the Client’s general terms and conditions and all other documents, agreements or discussions above. CLOUD4AFRICA may at any time and of full change to the Terms of Service. These changes shall apply immediately to any new Orders. With regard to its services in use, the Client is notified by e-mail and in its Interface for managing any modification of the Conditions of Service in force. Such amendments shall enter into force only thirty (30) calendar days after dispatch of the abovementioned notification. However, amendments 0709743026 of Third Party Product Conditions and legal or regulatory compliance may take place immediately to the extent that CLOUD4AFRICA does not control them.12.2.5 (Departed in Article 11.1) Jurisdiction Jurisdiction Jurisdiction. IN THE EVENT OF DISTRIBUTION WITH A CLIENT, EXPRESS COMPETENCE IS ATOTRIBUNAL ATOTER OF RESIDENCE OF THE DEFENDOR, IN ACCORDANCE WITH ARTICLE 42 OF THE CODE OF CIVIL PROCEDURE, OR, CEDERNIER'S CHOICE, IN THE LICO OF DELIVERY OF THE HOUSING OR LICO OF THE
ARTICLE 12 A: REGULATIONS RELATING TO THE FIELD NAMES
Disputes relating to the registration or use of a domain name are subject, as appropriate, to the UDRP (Uniform Domain-Name Dispute-Resolution Policy) or URS (Uniform Rapid Suspension) procedures, administered by ICANN-certified providers (such as WIPO or FORUM). These rules are available on the ICANN website: https://www.icann.org/resources/pages/dndr-2012-02-25-en