General Terms The inscription in Services by the Client draws express acceptance away and unconditionally by this one of present General terms and excludes the application of any different or opposite dispositions that can appear on commercial documents or on the general terms of purchase of the Client. AJIEL reserves the right to change the present General terms any time, without notice, being heard that such modifications will be inapplicable in subscriptions and in services of AJIEL beforehand signed by the Clients. In case of ambiguity and/or of contradiction between the present General terms and quite other appearing document about the site of AJIEL denominated “ajiel.com “, the present General terms will predominate. The acceptance of the Client and the training of the Contract are fulfilled by its electronic signature, made concrete by the «click of validation». This electronic signature has value of handwritten signature between parts. This step is equivalent for the Client to admit that he entirely acquainted himself and that he approves all the Conditions pointed out below. Safe in cases limitativement was envisaged by the present General terms of Sale, the order form signed electronically by the Client, by means of the “click of validation”, is worth final order and cannot be retracted. In these conditions, AJIEL invites the Clients who were connected on the site ajiel.com to read attentively the General terms of Sale below. Definitions of AJIEL concerning the Sale of the Software of Ajiel SaaS Following terms have, in presents, signification which is given to them excepting slip of the tongue the opposite. Administrator (s) of a Client: representative (s) of the Client for knowing AJIEL of Identifying him having access to all functions of Software Ajiel SaaS and possible have access and change data relating to Inscription. CGV: the present General terms of Sale. Client: every legal or physical entity having registered in return for remuneration or free to use Ajiel SaaS software respecting CGV. Contract: indicate the contractual group constituted by the Inscription of the Client on the site ajiel.com with the aim of the use of services Ajiel SaaS. Hébergeur: society to who AJIEL subcontracts the accommodation of Software Ajiel SaaS and data of the Client. Identifying: conjunction of «user code» and of “password” necessary for an User to be connected. Two Users or more cannot use the same Identifying to be connected at the same time. User: indicate by name an individual using Ajiel SaaS software thanks to an Identifying. Product and/or Service: indicate any product or service offered to the Client on the site ajiel.com. Article 1 – Characteristics of Services offered by AJIEL. AJIEL puts in the disposition of its Clients a Service of access to software Ajiel SaaS working with the aid of technology Internet and accessible by this technology. The Client must therefore be connected to Internet then to the site www.ajiel.com to use Ajiel SaaS software. The use of Software Ajiel SaaS is possible after the Client registered on the site. The Client has access only in Software and Services for which he registered. Software can be changed according to improvements or to updates brought without prior information to the Clients. AJIEL saves the possibility of stopping the marketing of Software. In that case: The Client will be told by every possible means and will continue having access to Software for the duration of the subscription to which he will have subscribed or will have a notice of six months at the very least before the access to Software is definitely interrupted. The Client will have to take, for this delay, all measures of maintenance of his data. The suspension of the marketing of a Product or Service by AJIEL will be able to give rise to no indemnity and any repairing on behalf of AJIEL to the Client. The Client declares to have acquainted himself with characteristics and borders of Internet described below: a) that data transmissions on Internet circulate on heterogeneous networks in characteristics and various technical capacities. So, no one can guarantee the good functioning of the Internet. b) that data circulating on Internet are not protected against possible misappropriations, and that so the communication of passwords, personal identification numbers, and more generally, of any information with sensitive character is performed by the Client at its risks and dangers. As a result of what precedes, and in perfect knowledge of the characteristics of Internet, the Client abandons the idea of hiring the responsibility of AJIEL concerning one or some of facts or mentioned cidessus events. The Client is alone representative for damage and direct or indirect, material or insubstantial damages, caused by himself (or his officials), in AJIEL due to illegal use or not to server of accommodation. In cases pointed out above, the Client promises to indemnify AJIEL in case of condemnation contrary to this last in the payment of damages (including expenses of lawyer). Moreover, the Client promises to reimburse AJIEL expenses caused by the repairing of the damage which he caused. During Inscription in a Software the Identifying only one is created for the Client. Identifying him am strictly personal and confidential. The Client promises to keep secret him and not to disclose him whatever form it is. His transmission in thirds, by the Client, is made under his whole responsibility. Services are put in the disposition of the Client in form of subscription. This subscription confers on the Client only a not exclusive and transmissible, personal deprived customary right on the Service or one of its elements which includes a right of temporary reproduction, during connection on its equipment, for stocking for the purposes of representation on the screen. Article 2 - access to the Services of AJIEL The Client admits that techniques used by AJIEL are recovering from a complex domain of computer technology. The commitment of AJIEL has the character of an obligation of means, AJIEL who has to limit if at all possible at time and numbers the breaks of Services necessary for their service or improvement. It is therefore up to the Client to protect itself against these risks. AJIEL will not be able to be made to be representative for damage suffered by the Client further to the unavailability of Services. Article 3 – Termination of the contract of AJIEL The Contract can be any time reported by the Client by the termination of all Inscriptions of the Client connected to the site “www.ajiel.com “. No sum will be restored to the Client. He will continue having access to Software for period remaining to run of his Contract and already regulated by him. In the case of a delay of the upper regulations in 30 (thirty) days of any owed sum by the client, AJIEL can consider that the contract was cancelled in the date of payability of the credence. AJIEL promises then to keep the data of the client 60 (sixty) days after this date. Beyond the data of the client will be destroyed without notice. Sums possibly regulated by the Client for his subscription will remain acquired in AJIEL. AJIEL Reserves the right to cancel the Contract any time in case of not respect by the Client of the obligations (not payment of bills, committee of a judicial offence, etc.) . Besides, AJIEL reserves the right to cancel the Contract unilaterally in case the quantity of information charged and/or exchanged by the Client would create problems of functioning in the servers of AJIEL and therefore in the functioning of these servers for other Clients. Article 4 – Suspension of access. AJIEL reserves the right in case of not payment by the Client of one of the bills (or invoices pro formed) established by AJIEL in its destination, or in case of not respect for the one any of clauses appearing in the order form or in present CGV, to suspend the access to its Services up to the complete regulations of owed sums. Article 5 – Confidentiality of data and Protection of data No employee of the society AJIEL has access to data whom the online grabbed Client, except express permission of the Client. Alone the Administrator AJIEL is authorised to work on the basis of raw data for needs of service and update. Data belonging to the Client and accommodated by AJIEL are and remain the property of the Client. AJIEL promises to keep these confidential data, perform, except technical necessities, no copies data and make any use other than those envisaged for the execution of present CGV. Article 6 – Property of AJIEL. The accessible elements on the site ajiel.com such as software, databases, tools of management, deck, pages of the site, texts, photographs, pictures, icons, sounds, videos and more generally all the information put in the disposition of the Client as part of the present Contract, are the full, whole and exclusive property of AJIEL. They are part of his trade secrets and confidential information without respect in the fact that elements components could either be patented or protected in the present state of legislation, by a copyright or by any right of industrial or intellectual possession, or in quite another way. AJIEL software as well as Internet site ajiel.com are admitted by the Client as a work of mind which itself and the members of its personnel force themselves to consider to be as such. Article 7 – Obligations of the Client. To use Ajiel SaaS software, the Client must have: – a microcomputer of type PC allowing her to achieve Internet, d’ an Internet connection 128 kbit / s at the very least, of a navigator Mozilla Firefox or Microsoft ™ Internet Explorer current version. The Client must use Ajiel SaaS software in accordance with stipulations described in the texts of the online assistant of Software and of present CGV. The Client admits having proved the adequacy of service at his needs and received from AJIEL all information and advice which was necessary for him to subscribe to the present Contract knowingly. On this point, the Client admits having been entirely informed by AJIEL about the expanse of his contractual obligations signed according to the present Contract. Article 8 – Obligations of AJIEL Obligation signed by AJIEL is an obligation of means. On this occastion she promises to bring all care and stagecoach necessary for the supply of a quality service in accordance with the manners of profession. AJIEL will try hard to give an access round the clock, every day of the year safe in case of force majeure (the force majeure defines itself as an unforeseen and/or unavoidable and independent event of the will of AJIEL, such as a fault of the hébergeur), in case of breakdowns, of faults due to the hébergeur, of interventions of service necessary for the good functioning of Services as equipments. AJIEL will very hasten to give a sufficient quality of access to follow the evolution of the traffic of the service of his Clients. In case of rise in too quick load, AJIEL can be tributary on delivery time of the constructors of equipments or of installation of the Internet lines or of writing of new Software. Complete failures to update software and structures of databases can be performed every Saturday from 12 hours. The complete failure can last 24 hours. Complete failures will give straight in no indemnification in relation to the Clients. Article 9 – Guarantee of AJIEL AJIEL issues no lawful, express, implicit guarantee or other on performance or the results of information than she broadcasts or the Services which she offers. Information broadcast by AJIEL has no character of advice. Ajiel SaaS software is reputed to be put in the disposition of the Clients «in the state» without making the object of measures of specific adaptations. They resemble software packages standards which could not answer all specific needs of the Clients. It is therefore up to the client to prove the adequacy of services offered by AJIEL with its needs and to take all necessary precautions. Article 10 – Responsibility of AJIEL The Client admits having acquainted himself with all obligations and more generally all conditions relating to the use of Services offered by AJIEL. In no case AJIEL will be able to be kept for representative in a direct or indirect way of any detriment caused to the Client or to a third party due to the use of a Service of AJIEL and it, whatever is reason. In the same way, AJIEL will not be able to be kept for representative in a direct or indirect way of any detriment caused to the Client or to a third party due to not availability or to dysfunction of one of the Services and it, whoever are reason and length. In the event if the responsibility of AJIEL would be hired, the repairing of suffered detriment will not be able to exceed the sum of the annual subscription of the Product or Service accused for an User. Besides, due to characteristics and borders of the Internet, that the Client declares perfectly to know, AJIEL could not see the responsibility hired for, notably: difficulties of access to the site accommodated due to the saturation of Internet network, possible misappropriations of passwords, personal identification numbers, and more generally of any information with sensitive character for the Client. AJIEL guarantees that in case of anomaly or of errors of a Service these will be corrected within 48 hours. AJIEL does not guarantee that Service will work ceaselessly or breakdown, nor although he is compatible with an equipment or a particular shape other than that expressly recommended by AJIEL. Article 11 – Price and invoicing. Prices are pointed out in link “Inscription” of the site at address: www.ajielcom. These prices are duty-free expressed there dirhams Moroccan. The invoicing made to the Clients will therefore be increased rights and taxes in force in the date of invoicing. AJIEL reserves the right to change the rates any time without notice. The new rates will come into force from their installation for the new Clients or for new inscriptions for the existent Clients. For the Clients user of a service the rate of which was changed, the new rate will come into force only at the end of the initial period of subscription. Promotional offer will not be able to be assimilated with rates. Article 12 : Loi applicable et attribution de compétence. Le présent Contrat est intégralement soumis à la loi marocaine. En cas de litige survenant à l’occasion de l’interprétation ou de l’exécution du présent Contrat, les soussignés s’efforceront de le régler à l’amiable préalablement à toute action en justice. En cas de désaccord persistant sur l’interprétation ou de l’exécution du présent Contrat, compétence exclusive est attribuée aux Tribunaux de Casablanca, nonobstant pluralité de défendeurs ou appel en garantie, même pour les procédures d’urgence ou les procédures conservatoires en référé ou par requête. Article 13: Claims Any claim and/or protest of the Client contrary to AJIEL will have to be formulated by the Client at the latest 48 hours as from their generative fact, on pain of decline.