TERMS AND CONDITIONS APPLICABLE TO IQUALIF OFFERS FROM February 16, 2018


SUMMARY:


- PREAMBLE
- DEFINITIONS
- APPLICATION
- SERVICES PROVIDED
- TECHNICAL SUPPORT
- OPERATING METHODS AND CONDITIONS
- DUTY, BILLING AND PAYMENT
- LAW
- PRICING
- TERMINATION
- COMPLIANCE OF SERVICE

TERMS AND CONDITIONS APPLICABLE TO IQUALIF OFFERS


BETWEEN :
Customer, hereinafter referred to as the Subscriber

AND :
IQUALIF SARL AU, with a capital of 10,000 dirhams whose registered office space Erreda, 52 bd Zerktouni, 1st floor, N3, 20140 Casablanca, Morocco, registered under number 296 249, available on its website: www. iqualif.com and by phone at +33 1 84 18 06 08, represented by its founder, hereinafter referred IQUALIF.



PREAMBLE

The Contract includes the day of the subscription to these General Terms and Conditions. The set is hereinafter referred to as the Contract.
IQUALIF offers professional software, computer and related services.



DEFINITIONS

The terms and expressions in uppercase Contract have the following definition.

Customer: means any person of legal age with legal capacity or legal person, a signatory of these terms and conditions, having received a letter from the IQUALIF containing the invoice for the service, or licenses to access the Services.

Package: means a package for a fixed term of 3 months, 6 months or 1 year during which the Customer may use the software and services to which it subscribes.

Interested: means any natural person with legal capacity or legal person, who wants a quote or any information for a service or product provided by IQUALIF.

Internet: is a network of several servers linked together and whose location is in various geographic locations around the world.

Parties: refers to IQUALIF and Customer

Station: means a personal computer.

Server: means a master computer controlling certain accesses and certain resources on the network.



APPLICATION
 
These general conditions, along with any special conditions stated on an IQUALIF website, apply to any provision of service. Therefore, the placing of an order implies full and unreserved acceptance of these Terms and Conditions by the Customer. Unless formally accepted in writing by IQUALIF, no special conditions other than those of IQUALIF can prevail over these Terms and Conditions. Therefore, in the absence of express acceptance by IQUALIF, any contrary clause brought forward by the Customer will be unenforceable against IQUALIF, no matter the date on which it was brought to their attention.
The fact that IQUALIF does not prevail at a given time in regard to any of these terms and conditions and / or tolerate any breach of the obligations stated in the present Terms by the other party to shall be construed as waiver by IQUALIF to subsequently enforce any of those conditions.

IQUALIF provides professional software with licenses, created for the customer on their server platform, upon receipt of the online order form filled out by the Customer at www.iqualif.com or www.iqualif.had or any other website operated by IQUALIF, corresponding to the payment.
IQUALIF confirms receipt of the Customer's Order and payment. By checking the box to accept the terms and conditions when completing and validating your purchase order online, the contract governing the relationship between the Customer and IQUALIF is formed, upon IQALIF's sending of an order confirmation email stating the details of the Customer's product subscription order.
Sending the payment to IQUALIF is sufficient to consider that the contract has been formed.
This contract may be concluded with the IQUALIF support team if the Customer requests it by e-mail or telephone, subject to the sending of an order confirmation email by IQUALIF, informing the Customer of products to which he has subscribed.
The send date of the Customer's order confirmation email shall determine the date at which billing will take effect.
The contract shall be deemed final on the day on which the order confirmation email is sent by IQUALIF. The parties agree that this confirmation from IQUALIF shall stand as proof of the parties in case of conflict.
This order confirmation email will be archived by IQUALIF on its own servers and kept safe.
The date and time of receipt will be those identified by the IQUALIF company server, and shall be valid between the parties unless proven otherwise.
In the absence of such a confirmation email, the contract may not be deemed to be concluded. In this case, it is the Customer's responsibility to contact and inform IQUALIF.



SERVICES PROVIDED

These general conditions are intended to define the technical and financial conditions under which IQUALIF agrees to provide benefits, services, tools and software to the Customer.
The specific conditions describe the various subscription options available for the provision of professional software to the Customer by IQUALIF.
The Customer acknowledges that IQUALIF has no involvement as defined herein in the design, development, or implementation of specific software for the Customer and its computer management and administrative tools.
Services rendered by IQUALIF are subject to these terms and conditions and special conditions as they appear on either of their sites: www.iqualif.com or www.iqualif.eu
These conditions constitute the entire contractual framework binding the parties. Booking online shall amount to full and unconditional acceptance of these Contract terms.
The Customer shall have the power, authority and capacity necessary for the conclusion and implementation of the obligations set forth herein.



TECHNICAL SUPPORT

IQUALIF provides Customer technical assistance:

On the website
www.iqualif.com/contact-us
www.iqualif.com/faq

Or by phone at +33 1 84 18 06 08 Monday to Friday from 09:00 to 17:00 (French time at the cost of a local call in metropolitan France).




OPERATING METHODS AND CONDITIONS

The Customer must have Internet access to use our professional software.
IQUALIF software and services are provided by staff that is highly experienced and skilled in IT tool management.
IQUALIF provides the computing performance, equipment and software necessary for operating services offered to the Customer. The equipment and software list care sometimes vary.

IQUALIF agrees to make every effort to ensure the permanence, continuity and quality of the services it offers and in this respect shall abide by a best-practices obligation. Consequently, IQUALIF will endeavour to provide functional professional software 24 hours a day, 7 days a week though they are unable to fully guarantee such provision in considering all external factors that may prevent the use of its software.
The customer hereby acknowledges that fluctuations of bandwidth and hazards from the ISP are elements that may cause a discontinuity in the access, independent of the will of IQUALIF or its technical means.
IQUALIF guarantees access to and use of its business software in conditions of reasonable server load. In the event of a large number of connections or requests, exceeding IQUALIF's forecasts, the capabilities offered by the Service Provider may become insufficient. The parties shall consult one another to consider technical amendments to bring forth a solution.


DUTY, BILLING AND PAYMENT


IQUALIF is committed to providing software in accordance with the description as it appears on the site www.iqualif.com
The Customer agrees to pay and meet payment deadlines indicated on each invoice sent to him or her. The customer has 14 days to pay the total amount of the invoice, unless otherwise stated in writing by IQUALIF. Payments may be made to one of the IQUALIF accounts in France or Morocco, or by any other method of payment proposed by IQUALIF.
Any Customer subscribing to a no-obligation subscription must "set up a direct deposit to our account" or "provide bank details and debit authorization" before the 3rd of the month following reception. The removal or transfer of funds will be made between the 1st and 5th of each month. Any delay of more than 3 days will result in the suspension of the license and all IQUALIF client services. 

Should lQUALIF be unable to provide its services or fulfill any of its obligations for a period not exceeding 15 days, IQUALIF cannot be held responsible so long as it has provided an alternative. IQUALIF will freeze its customers debits for the month following the 15th day of non-service. The month following the 15th day of non-service, IQUALIF will reimburse Customers who have paid direct debits or through a package. The refund will be paid monthly and equal to the amount paid by the customer or, equal to the price of the package divided by the terms of the remaining monthly package. The total amount of the refund may not exceed the number of months remaining in the subscription or unused packages until the restoration of services and obligations provided by IQUALIF.
In any case where the Customer should fail to make the payment for any invoice in a timely manner, or to set up automatic payments for a subscription without commitment, IQUALIF shall suspend the Customer’s licence and also suspend all products and services provided by IQUALIF until the status of the Customer is regularized.
The Customer is liable for and must pay all taxes due under this Agreement or in connection with it. Customers are exempt only with written evidence from IQUALIF. All amounts owed to IQUALIF by the Customer under this contract are exclusive of all taxes, duties, taxes or governmental charges that may be imposed by any jurisdiction, whether based on gross amounts or not. If the Customer retains tax payments due under this contract, the amount of the next bill will be automatically increased to compensate fully for these taxes


LAW

IQUALIF software company provides Browsers with advanced search functions. The use of solutions provided by IQUALIF is subject to the laws of the state or country and the conditions of use of the sites and directories visited and / or used. Therefore, Users and Clients of IQUALIF must respect the laws of their state or country as well as charters and conditions of use of visited sites and directories used.

The laws of the state or country in which you live govern all claims and litigation as part of this contract, including claims for breaching contract terms, claims based on federal laws protecting consumers, unfair competition, implied warranty, unjust enrichment and offenses. If you acquired the software in any other country, the laws of that country apply. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change these other rights if the laws of your state or country do not permit it.
The validity, interpretation and application of this Agreement shall be governed by Moroccan law. Any dispute between the Parties as to the validity, interpretation or application of this Agreement shall be subject to prior attempt to settle amicably. If no settlement could be reached within a reasonable time, which should not exceed 2 months after the first letter, addressed by one Party to the other about the dispute, the Parties agree to appeal to the exclusive jurisdiction of the Tribunal of Commerce of Casablanca, Morocco.


PRICING

License for 1 year 1 PC: $ 179,99 excl. tax
License for 6 months 1 PC: $ 129.99 excl. tax
License for 3 months 1 PC: $ 79.99 excl. tax

Rates are fixed unless otherwise stated in writing by IQUALIF.


TERMINATION

IQUALIF package licences are provided to the Client for a period of 3 months, 6 months or 1 year.

The licenses for 3 months, 6 months and 1 year will expire and be automatically suspended at the end of the package term.
However, packages can be renewed automatically if the Customer has agreed so in writing in the order, by the acceptance of specific conditions. In this case, the Customer may request cancellation of the automatic renewal at any time by making a written request by email or postal mail.
IQUALIF licenses with subscription or without commitment are provided to Customers indefinitely.

The Customer may terminate the license and their subscription with no obligation at any time by making a written request by email or postal mail. Cancellation will be processed within 7 business days, effective on receipt of the application by email or post.


COMPLIANCE OF SERVICE

The Customer acknowledges having verified the adequacy of the service himself and having received all information and advice needed from IQUALIF to subscribe to this commitment knowingly.


NOTIFICATION

This text has been translated from French. The original French version, which is valid and legally restrictive, is available here