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General terms and conditions of sale

Contract Structure: Contract Documents

The present contract is concluded between the parties:

ICOSNET SPA, a company registered in Algeria with a capital of 327.362. 500,00 DZD, whose head office is located at ” Centre des Affaires El Qods, 6ème niveau de la Tour Centrale, 10ème étage, Cheraga Alger -Algérie “, registered in the Trade and Companies Register of Algiers under the number 99B0006673 16/00, under the tax identification number 099916000667312, represented by Mr Ali MORSLI, acting in the capacity of General Manager on the one hand, hereinafter referred to as : “The -E-supplier

And

Any natural person, legal entity or individual who acquires one or more services provided by the E-provider by way of electronic communications, on the other hand, hereinafter referred to as: “The E-consumer”;

“The E-consumer”.

This Agreement consists of the clauses in this document and its Annexes

The Order(s) specifying the Service(s) ordered and the payment terms;
The Special Conditions of the Service(s) (Electronic Commercial Offer).

The Parties expressly acknowledge that all the elements that make up this Agreement are of the same rank, in case of discrepancy between the provisions of the Order, SPC and GTC the following order shall prevail

Order,
SPC
GTC

Any future updates or additions to this Agreement, signed by both Parties, shall form an integral part hereof. The obligations arising from such updates or additions shall be due and payable from the date of signature, unless another effective date is expressly established.

The declaration of invalidity of any of the Clauses of this Contract by the Competent Authority shall not affect the validity of the remaining clauses. In this case, the Parties to the Contract undertake to negotiate a new Clause to replace the cancelled one, the spirit of which shall be as identical as possible to that of the cancelled Clause.

Definitions

Each of the terms and expressions below shall have the meaning ascribed to it below:

Order Form” means the document made available by the E-provider and validated by the E-consumer upon subscription to a Service and accepted by the E-provider.

Order“: the act by which the E-consumer agrees to purchase services online on the E-provider’s site.

The E-consumer“: The E-consumer of the E-provider on the Internet.

The E-consumer refers to any natural person, legal entity, or individual who has made an online purchase and has signed a contract with a card-issuing bank, leading to the allocation of an interbank payment and withdrawal card (CIB). In the context of online payment, the cardholder is a buyer who uses his card to pay for a good or a service on the Internet or will be asked to pay for the order on delivery by the means of payment authorized in accordance with the legislation in force.

The E-provider“: means the company ICOSNET SPA which is responsible under this Contract for providing the Service(s) to the E-consumer on the Internet. The E-provider benefits from the secure Internet payment service.

Online Contract” means the General Terms and Conditions of Sale and the Specific Conditions of the Service(s), including its Annexes, concluded at a distance without the simultaneous physical presence of the parties through the exclusive use of an electronic communication technique. The Online Contract concerns services concluded between the E-provider and the E-consumer within the framework of the online sales system or service provision.

Payment Receipt” means the electronic document that justifies the payment of the services ordered.

Delivery Date” means the date on which the E-consumer receives his order from the E-provider.

Identifier“: Any confidential code, password, or user name allowing the E-consumer to identify himself and connect to the E-provider’s Services.

Shopping Cart“: Refers to the virtual space found on an E-provider site. It contains all the products selected by the E-consumer before completing and validating his purchases. It is a sort of “virtual shopping cart” in which the E-consumer adds all the products before making the final validation of his order.

Equipment” means any equipment provided to the E-consumer by the E-supplier as part of a Service. This includes hardware, software, software packages and settings, configurations or documentation.

Force Majeure” means any cause beyond the control of either Party affecting the performance by either Party of its contractual obligations, including, without limitation, acts of God, lightning, floods, climatic disorders, acts of terrorism, fires, explosions, land subsidence, wars, pandemics, insurrections or civil disturbances, strikes or labor disputes of any kind, actions or decisions of governmental, local or national authorities, or compliance therewith, imposition of sanctions or other trade restrictions.

Internet” means the global computer network consisting of a collection of national, regional and private networks, which are linked by an IP communication protocol and which cooperate to provide a single interface to their users.

.

IP (Internet Protocol)” An Internet protocol that enables communication in a heterogeneous environment.

Business Day” means any day other than a Friday and Saturday, or a national vacation.

Month” means a calendar month.

Network” means the entire telecommunications network of the Merchant Web.

Service” means the service(s) as described in the relevant SPC.

Site“: means the premises(s) of the E-Consumer whose address appears on the Order Form.

E-provider’s Website“: means the E-provider’s Internet site displaying the services and products enabling The E-consumer to order online.

Article 1 – Purpose

The purpose of this Contract is to define the conditions under which the E-provider makes available to the E-consumer a Service described in this Contract and in each corresponding Appendix.

Article 2 – Provision of the Service

The Service to be provided by ICOSNET is the one described in the CPS attached to this Contract.

These SPCs relating to the Service shall, where applicable, refer to this Agreement and shall be considered as an integral part of this Agreement as soon as it is added to the Agreement by the duly authorized representatives of each of the Parties.

Notwithstanding anything to the contrary, the notice periods described or required under this Agreement or any Schedule shall be deemed to commence on the date the notice is received by the recipient thereof.

2.1 Placing an Order

– When placing an order for the first time, the E-consumer must create an E-consumer account by entering his contact details and the necessary information (name, address, telephone number, e-mail address, etc.), which must be accurate and up-to-date,

After selecting the product, it is added to the cart by a simple click by the E-consumer.

The E-consumer may at any time modify his basket and may return to the catalog by clicking on

“Continue shopping” before validation.

During the validation of his order he selects the type of card, the number of the payment card, the expiration date and the CVV2.
When the choice of products or services is completed, the order is validated by clicking on the “pay” button.

– The E-consumer will have to authenticate himself through an authentication interface.

2.2 Prices

The selling price of the product or service is the one in force at the time of the registration of the order excluding

Any other costs that may be charged to the E-consumer and indicated at the time of order registration.

The selling price of a product or service may be modified at any time.

The prices mentioned on the catalog are indicated in Algerian dinars in TTC “All Taxes Included” and in HT “Excluding Taxes”.

They are valid at the time of their consultation by the E-consumer and are those in force at the time of the order.

The order and transactions are made in DZD.

2.3 Delivery

If the delivery of certain equipment is not ensured by the E-supplier, the E-consumer will collect his equipment from the delivery address indicated on his Order Form.

The delivery times for the services are mentioned in the appendix to this contract.

Purchase Orders must include an address for delivery/pickup of the equipment.

The E-provider refuses transactions with a foreign delivery address according to article 7.3.7 of the “AGB” agreement

The products are delivered to the address indicated by the E-provider on the order form. The E-consumer is required to check the packaging of the equipment upon delivery and to report any damage to the carrier on the delivery slip and to the E-supplier within 24 hours.

The E-consumer can, at his request, obtain the sending of an invoice by e-mail but also the sending of a paper invoice to the delivery address by validating the option provided for this purpose on the order form.

In case of error or omission in the delivery address given by the E-consumer preventing its delivery and in case of absence of the recipient at the time of delivery The E-supplier can not be held responsible for the final quality of delivery.

2.4 Modifying, validating an order

An order can be modified or corrected at any time before the confirmation of the order. By the E-consumer.

The order of a product or service goes through three compulsory stages:

– the provision of the E-consumer with the contractual conditions so that he/she is in a position to contract with full knowledge of the facts;

– the verification of the details of the order by the E-consumer, in particular the products or services ordered, their total and unit prices, and the quantities ordered, with a view to modifying the order, cancelling it or correcting any errors;

– the confirmation of the order which leads to the formation of the contract.

Article 3 – Duration of the Contract

This Contract is concluded for an initial period of commitment, this period is at least one (1) year after the entry into force of this Contract unless otherwise mentioned in the CPS or the Service Order Form. The E-consumer acknowledges that he/she shall immediately pay the remaining Subscription fees until the expiration of the initial period in case of termination of this Agreement before the end of this period. This Agreement is effective upon validation and acceptance by the E-consumer and shall remain in effect until the expiration or termination of the last Service provided under this Agreement. However, after the initial period, this Agreement shall be for an indefinite period unless terminated by either Party by registered letter with acknowledgment of receipt (AR) sent by one Party to the other with thirty (30) days’ notice. All sums due on such date shall be payable by either Party. The rights to terminate this Agreement by this section are without prejudice to any other rights or remedies available to each Party in respect of the relevant breach or other violation.

 

Article 4 – Suspension/ Termination


Without prejudice to any other right of termination conferred by this Agreement, the E-Supplier may immediately terminate the Agreement by operation of law, without liability or compensation of any kind to the E-consumer, in the following cases

If the E-Consumer defaults on any of its material obligations under this Agreement, and such default has not been cured within thirty (30) days after written notice;

If any payment has not been made by The E-consumer by the “due date” stated in the SPC “fifteen (15) calendar days” after the date of receipt of the invoice;

To the extent permitted by law, in the event of the E-consumer’s cessation of payments, filing for bankruptcy or commencement of voluntary or involuntary bankruptcy proceedings under insolvency laws, arrangement with creditors, corporate reorganization, judicial liquidation or dissolution of either Party (the execution of one or more financing agreements with third parties not constituting grounds for exercising the above rights);

Upon order of a competent administrative, judicial or regulatory authority.

The E-provider may, without liability and without any compensation due to the E-consumer, suspend the provision of one or more Services in the cases referred to in Article 4.1.

If the use of the Service by The E-consumer or any person having access to the E-consumer’s Service is unlawful or potentially unlawful, damages or risks damaging said Service or the Network, The E-provider shall notify The E-consumer of the details of such unlawful or damaging use and request The E-consumer to remedy the situation immediately. If the E-consumer does not immediately remedy the situation, the E-provider may suspend the supply of the Service until the E-consumer has provided proof that the cause of the illegal or harmful use has been remedied. In the event that the E-consumer fails to do so within thirty (30) days of the suspension or disconnection, the E-provider may terminate the Service without notice.

4.3 The E-consumer reserves the right to terminate this Agreement at any time upon thirty (30) calendar days prior written notice to the E-provider with acknowledgment of receipt. Any amount owed by the E-consumer for the Service provided under this Agreement shall be paid upon termination of such Service. If the E-consumer terminates this Agreement prior to the end of the initial term set forth in Section 3, the remaining subscription fees shall become immediately due and payable. This clause applies in the event of a request for termination by the E-consumer with or without cause; or in the event of termination by the E-provider in the cases provided for in articles 4.1, 4.2.

Article 5 – Assignment – Transfer – Subcontracting


The E-consumer may not assign or transfer its rights and obligations under this Agreement without the prior written consent of the E-supplier, it being understood that such consent may not be unreasonably withheld.
Any assignment made by the E-Consumer without complying with the provisions of this Agreement shall be null and void.
The E-provider may subcontract in whole or in part the performance of the Service provided under the Agreement to one or more suitable subcontractors, provided that this does not prejudice the E-provider. Such subcontracting shall not relieve the E-provider of any liability to the E-consumer for the performance of its obligations hereunder.

Article 6 – Limitation of liability


Given the high level of technology used in the implementation of the Contract, the E-provider will ensure the provision of the Service within the limits set by the technical resources available.
The E-provider shall not be liable to the E-consumer for any consequential damages, including but not limited to loss of profits, turnover, opportunity, data or other financial loss, revenue or expected savings, for whatever cause and regardless of the form of action, whether under the Agreement, indemnity, warranty, strict liability or civil liability, arising out of the performance or non-performance of this Agreement, misrepresentation or the provision of a service
Notwithstanding any other provision of this Agreement, The E-provider shall not be liable to The E-consumer, if any change in its facilities, operations, procedures or Service:

(i) renders any equipment or facility of the E-consumer obsolete in connection with its use of the Service;

(ii) requires modification, change or relocation of such equipment or facility;

(iii) otherwise affects the performance of such equipment or facility.

E-provider shall not be liable for any loss or damage to data, information or other content transmitted during the term of the Agreement. Likewise, the E-provider shall not be held responsible for any damage or interruption of the Service provided hereunder due to the actions of the E-consumer, third parties or in the event of Force Majeure.
The E-consumer is solely responsible for the content of the information and communications of any nature whatsoever, carried on its network, as well as the use and publication of communications or information transiting on its network. The E-provider does not initiate the transmission of information, does not choose the recipients of said information, does not choose or modify the information contained in the E-consumer acknowledges that the E-provider acts

The E-Consumer acknowledges that the E-provider acts only as an intermediary for the transmission of information from the E-consumer and third parties, and that the E-provider does not verify, select or modify any of this information, except as required by law.

Article 7 – Force majeure

In the event that the E-provider is unable to perform any of its contractual obligations due to a Force Majeure event, either Party may terminate this Agreement without compensation by sending written notice by registered mail with return receipt. The Parties shall not be liable for any loss, damage, delay, non-performance or partial performance resulting directly or indirectly from a cause making the performance of its obligations impossible and which may be construed as an event of Force Majeure. The Parties agree that an event of Force Majeure shall include the following events: inclement weather, acts of a public enemy, acts or omissions of a public authority, including changes in any regulations applicable to the performance of the General Terms and Conditions of Sale and rendering the performance thereof impossible or unreasonably onerous, unrest, rebellion, insurrection, riot, war, whether declared or undeclared, acts of a similar nature, strikes, labor disputes or other industrial action, including at the premises of either Party, an E-provider or an operator, sabotage, theft, acts of vandalism, explosions, fires, lightning, floods and other natural disasters, failure of an operator or E-provider, epidemics or quarantine, embargoes, acts of third parties, loss by the E-provider of any of its various authorizations conditioning the provision of the Service, termination of Service by the E-provider’s The obligations of the Party suffering from the Force Majeure event shall be suspended without it incurring any liability whatsoever. In particular, the time required for the performance of the obligations of the Party affected by the Force Majeure event shall be extended for a period equivalent to the delay suffered. Each Party undertakes to promptly notify the other in writing of the occurrence of any Force Majeure. The Parties shall use their best efforts to mitigate the effects of Force Majeure.

Article 8 – Liability and Commitments of the Parties


Each of the Parties to the Contract shall be liable to the other for direct damage and harm caused both by action or omission and which would imply a breach of the obligations established in this Contract and its annexes. There shall be no liability on the part of the parties to the Contract if the damage and harm were caused by chance or by force majeure. In this case, the affected party shall inform the other of the occurrence of such circumstances, their estimated duration and the time of their cessation. Each of the Parties shall hold the other party harmless from any judicial or extrajudicial liability when the causes are actions or omissions on its part, on the part of its employees, agents, the personnel of other subcontracted companies or its E-consumers. In this case, each Party shall protect the other against all indemnification obligations to third parties arising as a consequence of the aforementioned judicial or extrajudicial claim. Each Party shall be responsible for obtaining and maintaining any approvals, authorizations, regulatory and/or government telecommunications licenses, and other licenses, exemptions, registrations or other permissions or authorizations that may be required by each Party in order to perform its respective obligations under this Agreement. Each Party shall immediately notify the other in writing of any termination, suspension or revocation of any such approvals, authorizations, licenses, waivers, registrations or other permissions necessary for the performance of such Party’s obligations under this Agreement. Each Party agrees to comply with all applicable laws and regulations in the performance of the Sales Agreement by it and agrees to perform its duties in accordance with the normal rules of practice in the profession.

8.2 E-provider’s commitments:

In accordance with the provisions of this Agreement, the E-provider undertakes to the E-consumer to provide the Service with the competence and care necessary to comply with the applicable national and international standards.

Quality of service: The E-provider undertakes to provide the Service that is the subject of this Contract in accordance with the quality parameters that may be required at any time by the regulations in force. However, the E-provider will not be held responsible for any failure of the Service caused by a situation of Force Majeure or any other cause not attributable to it.

Availability of the Service: The Services displayed on the E-provider’s site are always available and accessible at all times subject to disruptions caused in particular by acts of God or force majeure, by events beyond the control of the E-provider, by maintenance, reinforcement, redevelopment and/or extension of the network facilities.

The E-consumer must report any unavailability of the Service to the E-supplier’s E-consumer service.

8.1 E-consumer Service (Assistance, Complaints)

The address of the E-Consumer Service of the Supplier is as follows Center des Affaires El-Qods, 6th floor of the Central Tower, 10th level, Chéraga, Algiers, Algeria.

The E-provider provides the E-consumer with:
A telephone reception service from (08h30 to 17h00) and five (5) days a week (7) (working days) at 0982 400 300 and via email: contact@icosnet.com

– A technical support Hotline available 24/7 at 0982 400 303 and via email: support@icosnet.com

8.3 Commitments of the E-consumer :

The E-consumer commits to the E-provider to:

Not use the Service for any purpose other than telecommunications and related services ;
Assume responsibility for actions in the event of the use of subcontractors;
Have all required administrative authorizations and pay all sums, taxes and other fees related to the use of the Services;
To actively cooperate with the E-provider, to provide it with the information and documents necessary for the implementation of the Service and to provide reasonable assistance in its operation;
To comply with the procedures and instructions issued by the e-provider;
Use the Service only for lawful purposes. The transmission of content in violation of Algerian law is prohibited, including, without limitation, any content protected by copyright or trade secret and any threatening or obscene content. The E-consumer agrees to indemnify and hold harmless The E-provider from and against any and all claims, costs, fines, penalties, damages, fees and other charges resulting from the E-consumer’s use of the Service;
Not to cause any loss or damage whatsoever to E-provider, any employee or its property, in connection with its business activities and use of Service;
To pay the invoices for the Service(s) in the manner specified in the Service(s) SPC;
To make available at its Sites sufficient and suitable locations to receive the Equipment of The E-provider necessary for the provision of the Service

In the event that the E-consumer fails to meet any of these obligations, the E-provider may interrupt the Service without notice. No intervention may be carried out on the E-consumer’s Sites without the presence of the E-consumer or his representative, unless expressly authorized by the E-consumer. The E-consumer is required to inform the E-supplier, or the persons appointed by it, of the existence and location of pipes of any kind and of any other risk factor that may arise on the Sites where the Equipment is installed. In the event that the E-provider notes any impediment to access to the E-consumer’s Sites, its obligations under this Agreement shall be suspended for the duration of the impediment.

Article 9 – Equipment


9.1.  Ownership and use of the Equipment

When the provision of a Service requires the provision and installation of Equipment by the E-provider. The E-consumer undertakes to take care of the Equipment located on his Sites and to keep it in accordance with the instructions communicated by E-provider. The risks of damage or destruction of the Equipment located on the E-consumer’s Sites are transferred to the E-consumer from the date of delivery of the Equipment recorded in the Commissioning Report. The E-consumer undertakes to use the Equipment in accordance with the instructions given by the E-supplier and not to modify or move the Equipment or create interference with it. The Equipment made available to the E-consumer remains the sole property of the E-provider. It is the E-consumer’s responsibility to maintain the indications of ownership that may be affixed to them. Consequently, the E-consumer shall refrain from carrying out any act of disposal or allowing any act whatsoever contrary to the E-supplier’s right of ownership. In the event of seizure or any other claim by a third party to rights over the Equipment, the E-consumer is obliged to object and to notify the E-supplier immediately in order to enable him to safeguard his rights. The E-consumer shall bear the risk of the Equipment installed by the E-supplier as custodian from the date of delivery until the date of return. No charge shall be due by the E-provider for the occupation of the E-consumer’s Sites by the Equipment and telecommunications materials or for their electrical consumption. In the event that the Services offered contain programs or software, the E-provider shall authorize the E-consumer, for the duration of the Service Agreement, to use such programs or software for the sole purpose of enabling the E-consumer to use such services.

9.2 Modification of the Equipment

The E-provider reserves the right at any time to modify or replace the Equipment provided, in order to improve the provision of the Service or if the operating conditions of the Service so require. The E-consumer shall be notified of such modifications or replacements within a reasonable time. All costs relating to such changes shall be borne by the E-provider.

9.3.  Return of the Equipment

In the event of termination of this Agreement under the conditions set forth in Article 4, the E-consumer agrees to return the Equipment owned by the E-provider at the latter’s request. In this respect, the E-consumer authorizes the E-supplier to enter its Sites within a period of time determined by both parties, to recover the Equipment, in its presence or that of one of its representatives that it shall designate accordingly. The E-supplier shall not be responsible for the costs of restoring the Sites to their original condition that may result from the removal of the Equipment under normal conditions. In the event of refusal by the E-consumer or of difficulties in accessing the Sites, or of destruction or loss of the Equipment by the E-consumer or a third party, the amount of the damage noted shall be invoiced to the E-consumer at its Net Book Value.

Article 10 – Confidentiality


All Confidential Information disclosed by one Party (“Disclosing Party”) to the other Party (“Beneficiary Party”) during the preparation, negotiation or performance of this Contract shall be deemed the exclusive and confidential property of the Disclosing Party and shall not be used by the Beneficiary Party.

“) during the preparation, negotiation or performance of this Contract, shall be deemed the exclusive and confidential property of the Disclosing Party, and shall be used by the Recipient Party only in accordance with this Contract and solely for the purposes of its performance.

Neither Party may make any public communication concerning this Agreement without first obtaining the approval of the other Party, which approval shall not be withheld indefinitely or without prior notice. However, each Party may disclose the existence of this Agreement but in no case its contents, as it constitutes Confidential Information.
The provisions of this Section 10 shall survive for three (3) years after the termination or expiration of this Agreement.
The Parties are prohibited from disclosing to any person, directly or indirectly, any or all of the Confidential Information provided to them by the other Party in connection with this Agreement, except with the prior written consent of the other Party. In addition, the Parties undertake to ensure that their employees, whether permanent or temporary, comply with this obligation and assume responsibility for it. Confidential Information for the purposes of this Clause shall mean all techniques or procedures used and information relating to business policy, as well as any information that has been designated as confidential.

The term “Confidential Information” shall not include any information that (i) has already entered or subsequently enters the public domain, other than by direct or indirect disclosure by either Party, in breach of any known obligation of confidentiality; (ii) is already in the possession of the Party receiving such information, free of any known obligation of confidentiality to a third party; or (iii) is independently developed by the Party receiving such information.

E-consumer authorizes E-provider to disclose its identity as an E-consumer and to cite it as a professional reference, unless expressly requested by E-consumer. The E-supplier undertakes to ensure that this communication, both internal and external, of the E-consumer’s name and identity for strictly professional purposes, is carried out in accordance with the commercial practices in use in the sector of activity. The information requested from the E-consumer is necessary for the processing of the order and is treated as confidential.
The E-consumer has the right to rectify any data concerning him/her.

The E-consumer may receive advertisements from the E-supplier unless the E-consumer has stipulated that he/she does not want his/her personal data to be used for commercial and advertising purposes.

Article 11 – Applicable Law/Dispute Resolution


This Agreement shall be governed by and construed in accordance with Algerian law.
Any dispute arising out of the performance or interpretation of this Agreement shall, in the absence of an amicable settlement within thirty (30) days of notification of the dispute by either Party (or such other period as may be agreed between the Parties), be submitted to the Court of Cheraga (Algiers, Algeria) for settlement.


Article 12 – Rates

The rates of each Service provided by the E-provider and their various terms of application are the subject of a Tariff Schedule established by the E-provider and published on the E-provider website. The E-provider may propose to the E-consumer a modification of its rates, upon prior written notification sent at least fifteen (15) days in advance. In the event that there is no contrary response within this period, the modification will be considered approved and effective as soon as the period has elapsed. However, in the event that an increase in the rates formulated by the E-provider is not accepted by the E-consumer. In the case of a rate increase, the new rates will be applicable as soon as the aforementioned notification period has elapsed, and the E-consumer is obliged to pay the difference in prepayment to subscribe to the new rates. In the case of a tariff decrease, the new tariffs will be applicable as soon as the aforementioned notification period has elapsed, and the E-consumer may in no case request a refund of the tariff differential.

Article 13. – Terms of payment

The E-consumer guarantees that the card gives access to sufficient funds to cover the payment of the transaction to the company ICOSNET to the E-supplier.

To pay for the order by credit card, the type of card must be selected from those proposed and accepted by the E-provider at the Order level.

The payment receipt for the transaction is sent by email within one day of the order confirmation date.

The payment by credit card is secured by the online payment service provider of the bank AGB. During the payment process, the E-consumer is automatically connected to the server of the online payment platform. The banking data, protected by encryption, do not pass through the systems of the E-provider and are therefore not stored by it.

The connection of the E-provider’s website to an electronic payment platform is secured by an electronic certification system in accordance with Article 7.5.1/2 of the AGB Agreement.

The transaction data recorded by ICOSNET on the platform of the online payment service provider on behalf of ICOSNET shall constitute proof of all commercial transactions between the E-consumer and the E-provider.

The bank statement also constitutes proof of the transactions carried out by bank card via the site.

All taxes, of any class, present or future, payable as a result of the execution or compliance with this Contract, shall be paid by each of the parties in accordance with the provisions established by the legislation in force at any time.
Any failure by the E-Consumer to comply with the obligations established in this Clause, in the amount, time, manner and form provided for in this Clause shall constitute grounds for suspension of this Contract and shall entitle the E-provider to suspend the provision of the service, without prejudice to the rest of the actions that may be available to it.

Article 14 – Amendment of the Contract

Any amendment to this Agreement and its Annexes shall be valid only if it is made in writing and signed by each of the parties in mutual agreement. The E-provider may amend this Contract and its Annexes at any time by notifying the E-consumer in writing by mail and/or e-mail. If the E-consumer does not accept the modification “in writing” within fifteen (15) days of receipt of the written notification by the E-provider, the Contract shall be terminated by operation of law without compensation or notice, and the E-consumer shall in no event have the right to request the return of amounts paid in advance.

Article 15 – Documents required to sign the Contract

On the date of signing the Contract, the E-consumer is required to produce the following documents to the E-provider:

15.1 The natural person

An unaltered proof of identity.


15.2 Legal entity

Registration in the Trade Register.
Unaltered proof of identity of the signatory.
NIF card.
For Call-Centers : Provision of the Call-Center authorization from the ARPCE (Autorité e Régulation de la Poste et des Télécommunications).
Authorization of the ARPCE For all regulated activities EXP: geolocation.


Article 16 – Insurance

The E-provider acknowledges and declares that it is the holder of a civil liability insurance contract guaranteeing any damage that may occur in connection with this contract. The E-consumer acknowledges and declares that he/she holds a civil liability insurance policy covering any damage that may occur in connection with this contract. In any event, the E-consumer must be insured for the performance of this contract in accordance with the service offered by the E-provider. Failing this, the E-consumer is obliged to take out the necessary insurance, in particular for the risks of operating loss, before being able to claim full performance of this contract.

Article 17 – Coming into force

This Agreement shall come into force on the date of its validation and acceptance online by the E-consumer. This Contract is concluded “intuitu personae”. The E-consumer may not, under any circumstances, assign or transfer his rights and obligations to a third party, unless authorized in writing by the E-supplier. 

Article 1 – Description of Services (unified communication and col-laboration services)
These are a set of cloud-based tools that combine real-time interpersonal communication means and collaborative work tools:

1.1. SMS PRO

The SMS Pro (short message service) allows a user to transmit short textual messages be-tween 70 to 160 characters, depending on the encoding
used, exclusively to compatible mo-bile terminals. The recipient of the SMS is determined by the user, under their sole responsi-bility.


1.2. V-ROOM
The V-ROOM service allows the Customer to hold online video conferences by inviting users who have a V-ROOM account or not simultaneously
to join the meeting. The invitation is made by sharing the link of the meeting or by a phone call from the administrator. To use this service, the
Customer must log in to the video conferencing platform with a voucher provided by the PROVIDER (ICOSNET) contained in the welcome email.


1.3. Call Center Solution  
The ICCS service allows the Customer to access the PROVIDER’s service platform hosted on its servers within its network. The ICCS service
platform is intended to support the activity of contact centers for the PROVIDER’s Customers.
The ICCS service is provided in the form of packages in which the nature and quantities are specified in the Service(s) order(s).


1.4. i-call  
The iCall solution empowers end customers to have a button on their website or mobile application for seamless internet-based call reception.
ICONSET will provide customers with access and comprehensive documentation to effortlessly integrate the solution into their websites and
mobile apps. Customers will utilize the solution in strict adherence to the instructions outlined in the documentation and the general terms
 and conditions stipulated in this contract.




1.5. E-FAX
The E-FAX solution enables end clients to effortlessly and efficiently send faxes via email. With this innovative solution, clients can seamlessly
fax documents directly from their inbox, eliminating the need for physical fax machines.
Our team will handle the configuration process using the client’s IP number, provided by their third-party provider.
Clients can leverage the full potential of the solution while adhering to the prevailing terms and conditions of the contract.


 

Article 2 – Delivery of Services
The Customer completes the order form for the purchased Service(s) in full and signs it. The Customer then sends the order form to the PROVIDER.
Orders are no longer subject to modi-fications or even cancellations after acceptance by the PROVIDER of the order form signed by the Customer.
Upon receipt of the duly completed order form, the PROVIDER initiates the process of installing the Service(s) either by:
1- Creating the Customer’s access accounts on the PROVIDER’s Service platform or as-signing a voucher code to the Customer so that they can
create the account ; or,
2- Production: The PROVIDER deploys the Service(s) on the machines and the Custom-er’s local network if necessary.
Article 3 – Rights and Use Restrictions of the Service
The Customer is solely responsible for:
– Access to and use of the Services, as well as access and use of the Services by its Cus-tomers or any other third party;
– The appropriate configuration of the products by itself or a third party;
– Protection of account information, identification information (including passwords and devices or information used for multi-factor authentication);
– Using the Services for lawful purposes. Any use in violation of Algerian law is prohib-ited.
The Customer may not and shall not permit (to a subsidiary, user, or third party) to directly or indirectly:
– Grant usage rights of the service, resell, assign, lease, distribute, market, or transfer it in any other way;
– Attempt to gain unauthorized access to the Service(s);
– Service suspension in case of traffic detection from abroad for the SMS service.


Article 04 – Suspension/Termination


The PROVIDER may immediately suspend and/or terminate, without liability or any compen-sation due to the Customer, in the following cases:


Article 5 – Prices
The price of the Service includes one, some, or all of the following fees:

. Installation;
. Monthly subscription for the chosen pack;
. Fees for providing specific equipment and its guarantee deposit.
In addition, additional options may be subscribed, installation fees and/or monthly subscrip-tion fees or fees, following requests for technical
or administrative modifications. These fees are subject to a specific price communicated on a quote to the Customer for approval.


Article 6 – Payment Conditions
The SUPPLIER will invoice the subscriptions for each Pack subscribed by the Customer on a monthly basis, no later than the thirtieth (30th) of each
month or annually. Non-recurring charges will be invoiced on the date of the first billing during the Service Activation. Recurring Service charges
will be invoiced according to each Service commitment. Payments are made in Algerian Dinars (TTC). The billing of amounts due under this contract
starts from the Service commissioning date.


Article 7 – PROVIDER’s liability


The PROVIDER reserves the right to interrupt the Customer’s Service if it constitutes a dan-ger to the maintenance of the security of the PROVIDER’s
hosting platform, whether due to abnormal, malicious or fraudulent use of said Service. In this case, the PROVIDER will en-deavour to inform the Customer
beforehand to the extent possible.
The PROVIDER cannot be held responsible for the content of information, sound, text, imag-es, form elements, data of any kind, accessible on the
Customer’s Service, or transmitted or uploaded by the Customer or users of its Service, for any reason whatsoever.
The PROVIDER cannot be held liable for the total or partial non-performance of an obligation and/or failure of Internet network operators and in
particular the Customer’s Internet access provider(s).
The PROVIDER disclaims any liability in case of malfunctioning of the Service due to its con-figuration by the Customer. The PROVIDER may be required
to access the Customer’s data at the request of any competent authority.

 

 

 

Article 8 – Customer’s liability


The Customer acts as an independent entity and therefore assumes sole responsibility for the risks and hazards of their activity. The Customer is solely
responsible for the services, applications, software stored on their Service, the content of the information transmitted, disseminated, or collected, their
exploitation and updating, as well as for all files, including address files.
The Customer undertakes, in particular, to respect the rights of third parties, in particular personality rights, intellectual property rights of third parties
such as copyright, patent rights, or trademark rights. Consequently, the PROVIDER cannot be held responsible for the content of the information
transmitted, disseminated, or collected, their exploitation and updating, as well as for all files, including address files, for any reason whatsoever.
The PROVIDER can only warn the Customer of the legal consequences that could result from illegal activities on the Service, and disclaim all joint
liability for the use of data made availa-ble to users by the Customer. In these circumstances, the Customer cannot claim a refund of the amounts
already paid.
The Customer alone bears the consequences of any malfunctioning of the Service resulting from any use by members of their staff, users of their Service,
or any person to whom the Customer has provided one or more passwords enabling them to connect to all or part of the Service. Likewise, the
Customer and/or users of the Service bear the consequences of the loss of the aforementioned passwords.
The Customer is solely responsible for creating, managing, administering, and deleting Ac-counts subscribed to within the framework of the Service.
It is the Customer’s responsibility to ensure the proper management of user access to Accounts and any data stored in the collaborative workspace.
The Customer is responsible for generating passwords for each Account they create within the Service. As such, the PROVIDER disclaims all
responsibility in the event of intrusion into the management interface or Accounts that would be directly attributable to poor access management by
the Customer.
It is the Customer’s responsibility to ensure that they have a backup of their data before de-leting an Account. In this case, all data corresponding to
that Account will be deleted.
The Customer undertakes to ensure the security of their data as well as the management of access corresponding to each Account and undertakes
not to infringe on the PROVIDER’s trademarks.In witness whereof, the Parties sign the Contract in two (2) original copies, which are equally authentic,
at the place and on the date indicated below, each Party retaining a copy.

DEFINITION


 « CPU » :  (Central Processing Unit) is the component of a Server that executes computer programs.
« Disque dur » : The Hard Disk (HD) is a magnetic storage medium for digital data.
« RAM » :This is the vivid memory in which a Server places data during processing.
« Data » : Set of information collected and entered by the Customer that is intended to appear on their website and hosted on the Provider’s Server.
«  Server » : Computer controlling certain accesses and certain sources. The Server can be defined as the set of hardware, software, and
connections on which WEB sites and mail space are implanted and which make them available for consultation on the Internet.
« Rack » : Storage cabinet within a Provider’s Datacenter that can contain multiple Servers.
« Shared Rack » : Rack within which multiple Customers have storage space provided by the Provider. The storage space being
calculated in “U” (smallest storage unit).
« Bandwidth » : Transmission capacity on the Internet network during a given time, usually specified in Megabits per second (Mbps).
« Datacenter » : The Provider’s clean room where the Customer’s Server(s) are hosted.
« Website » : A site is made up of all the pages and, where applicable, the software that automatically generates them. These pages
 are hosted on the same Server and are accessible to Internet users via a URL.
« Trafic » : Amount of data transmitted or received on or from the Internet. Monthly Traffic is measured in the quantity of Data transferred
 from the Customer’s Website or Server and expressed in Megabyte (Mo).

 

These services are characterized, in particular, by:
• Reservation of one (01) domain name.
• A number of email addresses for IMAIL and Shared packages.
• Hosting space for the Customer’s website data for shared packages.
• Design of a complete website with hosting space.
• Microsoft Office 360 services.


Article 1 – Purpose
This contract (hereinafter “Contract”), supplementing the General Sales Conditions of ICOSNET, aims to define the specific conditions,
including usage and financial conditions, applicable to the cloud services described in the Contract and made available to the Customer
(hereinafter the “Services”).


Article 3 –Conditions of use of the Services
3.1 Precautions of use
It is the responsibility of the Customer to take all appropriate measures to protect its own Data and/or software from viruses or other computer
attacks circulating on the Internet. The Customer acknowledges that Data circulating on the Internet is not protected, particularly against potential
diversion. Therefore, communications of passwords, confidential codes, and in general, any information that it deems confidential, are made at its
own risk. The Customer is responsible for the Data and content that it disseminates on the Internet.

 


Article 2 – Description of Services
The Contract defines the rights and obligations of the Parties in the provision of the Services.
2.1. Description of the VPS Service
VPS is a virtual server that the Customer perceives as a dedicated server. This service is characterized, in particular, by:
• Resources (RAM, Hard Disk, and Processor) according to the chosen packs, through the creation of several virtual servers on the same physical server.
• Unlimited Bandwidth offered to the Customer, “excluding musical streaming applications, video streaming, video games, and gaming solutions
 in general.”


2.2. Description of the Backup VPS Service
This service is characterized, in particular, by:
• Provision of additional space within the Provider’s Datacenter.
• Automatic Data backup
• Data restoration at the Customer’s request


2.3. Description of the VPS Management Service
This service is characterized, in particular, by:
• Installation and commissioning.
• Services & Assistance.
• Monitoring & Reporting.
• Security & Recovery plan


2.4. Description of the Housing Hosting Service
This service is characterized by:
• Hosting space in a Shared Rack of the Provider measured in U.
• Unlimited Bandwidth, excluding Servers hosting musical streaming applications, video streaming, video games, and gaming solutions in general.
• A number of IP addresses.
• The energy required “electricity, air conditioning” for the proper functioning of the service.


2.5. Description of the Dedicated Server Hosting Service
A Dedicated Server refers to a Server exclusively available for a single Customer, this service is characterized, in particular, by:
• Resources (RAM, Hard Drive, and Processor) according to the chosen packages.
• Unlimited Bandwidth offered to the Customer, “excluding music streaming applications, video streaming, video games, and gaming solutions in general”.
• A number of IP addresses.
• The necessary energy “electricity, air conditioning” for the proper functioning of the service.


2.6. Description of the ibox Online Storage and Sharing Service
This service is characterized, in particular, by:
• The provision of storage and sharing space within the Provider’s Datacenter on which the Customer can save, view, and share files on the cloud.
• Encrypted and secure storage of files with automatic synchronization.

 

2.7. Description of Web Hosting, Collaboration Messaging Hosting, Website Creation, Domain, and Microsoft Office 360 Service

 

These services are characterized, in particular, by:
• Reservation of one (01) domain name.
• A number of email addresses for IMAIL and Shared packages.
• Hosting space for the Customer’s website data for shared packages.
• Design of a complete website with hosting space.
• Microsoft Office 360 services

 

3.2 Provider’s commitments
In addition to the commitments of Article 8 of ICOSNET’s General Terms and Conditions of Sale (GTCS of ICOSNET), the Provider undertakes to
make every effort to ensure the permanence, continuity, and quality of the services it offers and subscribes to an obligation of means for this purpose.
Consequently, the Provider will endeavour to offer a 24/7 service access, without being able to guarantee it given the nature of the Internet network
and the limits of the current state of computer technology known to the Customer. To this end, the Provider is obliged to ensure the hosting of the
Customer’s Data.
The Provider is responsible for the Services provided to the Customer and undertakes to make every effort to provide a quality service.
The Provider undertakes to ensure the security of the Customer’s Data. It undertakes to prevent physical and virtual access to its Datacenter by
any unauthorized third party, and to keep the Servers in premises that comply with the rule book, particularly in terms of electrical security and
protection against the risks of intrusion, fire, or overheating. The Provider guarantees, in its own name, that of its personnel and any chosen third
party, the non-disclosure of the Customer’s commercial or financial Data and the confidentiality of access codes and other security parameters that
allow the Customer to access the Services provided by the Provider. The Data transmitted by the Customer is kept for the legal time necessary for
the administration of proof. The Provider also undertakes not to disclose or resell the Customer’s nominative Data.
The Provider undertakes to make every effort to ensure the Customer’s Server(s) hosted in the Datacenter against theft, fire, flooding, and loss of
electrical power.
In the event of termination of the Service(s), the Provider undertakes to return the Customer’s Server(s) if they are owned by the Customer. This
operation must be carried out by the Customer’s representatives.
In the event of termination of the Service(s) and unless renewed within the deadlines required by the Provider and at the Customer’s initiative,
the Provider is authorized to permanently delete the Customer’s Data from the Provider’s Servers after a grace period of 45 days.
In the event of non-renewal of the domain name, its restitution can only be made during the grace or redemption period (from 0 to 75 days), in
which case a fee will be added to the original invoice.


3.3 Customer’s commitments
In addition to the commitments set out in Article 8 of ICOSNET’s General Terms and Conditions of Sale, the Customer undertakes to the Supplier
as follows:
The Customer must make exclusive and professional use of the Services it offers in compliance with Algerian legislation, particularly Law No. 09-04
dated 5th August 2009 on specific rules for the prevention and fight against offenses related to information and communication technologies.
The Customer releases the Supplier from any liability regarding any content of any kind that is stored or disseminated under this Agreement.
The Customer guarantees the Supplier against any claims from third parties that may arise in connection with its online activities, under any legislation.
The Customer acknowledges that any element published on the Internet (images, sounds, videos, etc., this list being non-exhaustive given the technical
advances in this area) can be copied by users. In the event of any technical modifications made by the Customer’s staff, subcontractors or any other
partner chosen by the Customer on the hosting space provided by the Customer, the Customer will bear all the consequences. The Supplier cannot
be held responsible in the event that the Service(s) become(s) inaccessible or inoperative as a result.
Subject to automatic termination without prior notice and without prejudice to any subsequent legal action, the Customer undertakes to guarantee,
on its behalf, on behalf of its staff, and on behalf of any third party chosen by it, the non-disclosure of the Identifiers and other parameters that secure
access to the Customer’s hosting space. For this reason, the Customer is required to set up a security system to deal with any intrusions/hacks coming
from its network. The Supplier cannot be held responsible in the event of any intrusion into the Customer’s computer system.
The Customer undertakes to comply with the rules and practices applicable to the Internet, particularly with regard to advertising by email. In the
event of any breach of these practices resulting in complaints from Internet users or administrators, the Supplier shall be entitled, without notice,
to interrupt or suspend the relevant part of the Service, without prejudice to the sums due for the performance of its service.
The Customer undertakes to comply with the laws and regulations in force, including but not limited to those governing the operation of online
services, the protection of minors, respect for human dignity, the prohibition of racist statements or statements inciting racial hatred, the establishment
of computerized nominative files, privacy, and intellectual property. In the event that the Supplier discovers a breach of any of these provisions and,
after a notice by email, fax or registered letter with acknowledgment of receipt that remains ineffective after a period of forty-eight (48) hours, the
Supplier shall be entitled to suspend or interrupt all or part of the Service, without prejudice to the sums due for the performance of its service.
The Customer shall remain liable to the Supplier for all sums due for the remaining period of the Contract.
The Customer undertakes to declare to the ARPCE (Autorité de Régulation de la Poste et des Communications Électroniques “Regulatory Authority
for Post and Electronic Communications) the technical specifications of the VPN connection(s).
The Customer is responsible for the risks associated with opening the ports mentioned in the technical form.
The Customer is responsible for all information that it disseminates and acts as an independent entity. Accordingly, the Customer declares that it
alone assumes the risks associated with its activities.
The Customer agrees not to use email or any other Internet medium to send, through the Provider’s infrastructures, electronic prospecting mail,
except with the express consent of the recipient and/or if the prospect is already a client of the Customer and if the prospect concerns similar products
or services provided by the same company. In this case, the Customer agrees to provide a visible unsubscribe link that will allow its customers
 to completely disappear from its database. The Customer also agrees not to send prohibited advertising messages or messages whose content
 is illegal or derogatory through the Provider’s infrastructures. This is especially true when identical content emails are sent to a large number of
internet recipients (known as “spamming” activity). Such use of the Services is strictly prohibited and may result in the interruption and/or termination
of the Service.


The Customer undertakes in particular, within the framework or from the Services, not to set up unlocking services with the aim of downloading
large quantities of files on hosting platforms.
The Customer is required to make backups of this data at the end of each day, whenever he or one of his delegates has made a modification of the
Website data. This backup must be recorded on a medium other than the server hosting the Website. The Customer must in particular proceed
with the backup of all data before the setting up of hardware or programs provided by the Provider. The Customer is always required to test any
tool or program provided to verify its compliance, absence of defects, and compatibility with its environment before moving on to its effective use.
These obligations also apply to programs that will be delivered to the Customer as part of the Provider’s warranty and maintenance. The Customer
expressly acknowledges being informed that even minor program modifications can render the entire system unusable.

 

Article 3 –Conditions of use of the Services
3.1 Precautions of use
It is the responsibility of the Customer to take all appropriate measures to protect its own Data and/or software from viruses or other computer
attacks circulating on the Internet. The Customer acknowledges that Data circulating on the Internet is not protected, particularly against potential
diversion. Therefore, communications of passwords, confidential codes, and in general, any information that it deems confidential, are made at its
own risk. The Customer is responsible for the Data and content that it disseminates on the Internet

3.2 Provider’s commitments
In addition to the commitments of Article 8 of ICOSNET’s General Terms and Conditions of Sale (GTCS of ICOSNET), the Provider undertakes to
make every effort to ensure the permanence, continuity, and quality of the services it offers and subscribes to an obligation of means for this purpose.
Consequently, the Provider will endeavour to offer a 24/7 service access, without being able to guarantee it given the nature of the Internet network
and the limits of the current state of computer technology known to the Customer. To this end, the Provider is obliged to ensure the hosting of the
Customer’s Data.
The Provider is responsible for the Services provided to the Customer and undertakes to make every effort to provide a quality service.
The Provider undertakes to ensure the security of the Customer’s Data. It undertakes to prevent physical and virtual access to its Datacenter by
any unauthorized third party, and to keep the Servers in premises that comply with the rule book, particularly in terms of electrical security and
protection against the risks of intrusion, fire, or overheating. The Provider guarantees, in its own name, that of its personnel and any chosen third
party, the non-disclosure of the Customer’s commercial or financial Data and the confidentiality of access codes and other security parameters that
allow the Customer to access the Services provided by the Provider. The Data transmitted by the Customer is kept for the legal time necessary for
the administration of proof. The Provider also undertakes not to disclose or resell the Customer’s nominative Data.
The Provider undertakes to make every effort to ensure the Customer’s Server(s) hosted in the Datacenter against theft, fire, flooding, and loss of
electrical power.
In the event of termination of the Service(s), the Provider undertakes to return the Customer’s Server(s) if they are owned by the Customer. This
operation must be carried out by the Customer’s representatives.
In the event of termination of the Service(s) and unless renewed within the deadlines required by the Provider and at the Customer’s initiative,
the Provider is authorized to permanently delete the Customer’s Data from the Provider’s Servers after a grace period of 45 days.
In the event of non-renewal of the domain name, its restitution can only be made during the grace or redemption period (from 0 to 75 days), in
which case a fee will be added to the original invoice.


3.3 Customer’s commitments
In addition to the commitments set out in Article 8 of ICOSNET’s General Terms and Conditions of Sale, the Customer undertakes to the Supplier
as follows:
The Customer must make exclusive and professional use of the Services it offers in compliance with Algerian legislation, particularly Law No. 09-04
dated 5th August 2009 on specific rules for the prevention and fight against offenses related to information and communication technologies.
The Customer releases the Supplier from any liability regarding any content of any kind that is stored or disseminated under this Agreement.
The Customer guarantees the Supplier against any claims from third parties that may arise in connection with its online activities, under any legislation.
The Customer acknowledges that any element published on the Internet (images, sounds, videos, etc., this list being non-exhaustive given the technical
advances in this area) can be copied by users. In the event of any technical modifications made by the Customer’s staff, subcontractors or any other
partner chosen by the Customer on the hosting space provided by the Customer, the Customer will bear all the consequences. The Supplier cannot
be held responsible in the event that the Service(s) become(s) inaccessible or inoperative as a result.
Subject to automatic termination without prior notice and without prejudice to any subsequent legal action, the Customer undertakes to guarantee,
on its behalf, on behalf of its staff, and on behalf of any third party chosen by it, the non-disclosure of the Identifiers and other parameters that secure
access to the Customer’s hosting space. For this reason, the Customer is required to set up a security system to deal with any intrusions/hacks coming
from its network. The Supplier cannot be held responsible in the event of any intrusion into the Customer’s computer system.
The Customer undertakes to comply with the rules and practices applicable to the Internet, particularly with regard to advertising by email. In the
event of any breach of these practices resulting in complaints from Internet users or administrators, the Supplier shall be entitled, without notice,
to interrupt or suspend the relevant part of the Service, without prejudice to the sums due for the performance of its service.
The Customer undertakes to comply with the laws and regulations in force, including but not limited to those governing the operation of online
services, the protection of minors, respect for human dignity, the prohibition of racist statements or statements inciting racial hatred, the establishment
of computerized nominative files, privacy, and intellectual property. In the event that the Supplier discovers a breach of any of these provisions and,
after a notice by email, fax or registered letter with acknowledgment of receipt that remains ineffective after a period of forty-eight (48) hours, the
Supplier shall be entitled to suspend or interrupt all or part of the Service, without prejudice to the sums due for the performance of its service.
The Customer shall remain liable to the Supplier for all sums due for the remaining period of the Contract.
The Customer undertakes to declare to the ARPCE (Autorité de Régulation de la Poste et des Communications Électroniques “Regulatory Authority
for Post and Electronic Communications) the technical specifications of the VPN connection(s).
The Customer is responsible for the risks associated with opening the ports mentioned in the technical form.
The Customer is responsible for all information that it disseminates and acts as an independent entity. Accordingly, the Customer declares that it
alone assumes the risks associated with its activities.
The Customer agrees not to use email or any other Internet medium to send, through the Provider’s infrastructures, electronic prospecting mail,
except with the express consent of the recipient and/or if the prospect is already a client of the Customer and if the prospect concerns similar products
or services provided by the same company. In this case, the Customer agrees to provide a visible unsubscribe link that will allow its customers
 to completely disappear from its database. The Customer also agrees not to send prohibited advertising messages or messages whose content
 is illegal or derogatory through the Provider’s infrastructures. This is especially true when identical content emails are sent to a large number of
internet recipients (known as “spamming” activity). Such use of the Services is strictly prohibited and may result in the interruption and/or termination
of the Service.
The Customer undertakes in particular, within the framework or from the Services, not to set up unlocking services with the aim of downloading
large quantities of files on hosting platforms.
The Customer is required to make backups of this data at the end of each day, whenever he or one of his delegates has made a modification of the
Website data. This backup must be recorded on a medium other than the server hosting the Website. The Customer must in particular proceed
with the backup of all data before the setting up of hardware or programs provided by the Provider. The Customer is always required to test any
tool or program provided to verify its compliance, absence of defects, and compatibility with its environment before moving on to its effective use.
These obligations also apply to programs that will be delivered to the Customer as part of the Provider’s warranty and maintenance. The Customer
expressly acknowledges being informed that even minor program modifications can render the entire system unusable.

 

 

Article 4 – Service Delivery
Any order placed by the Customer with the Provider is formalized by the production of an order form summarizing the characteristics of the chosen
package, signed by the Customer and transmitted to the Provider. Orders are no longer subject to modifications or even cancellation after the Provider
has accepted the order form signed by the Customer.
From the validation of the Customer’s order by the Provider, the latter sends him by email the access codes allowing him to connect to the subscribed Service.


Article 5 – Prices
The price of the Services includes:
– Any installation fees for the package.
– The annual or monthly subscription fees for the package.
– Any subscriptions and installation fees for additional options.
The sizing and pricing of subscriptions are specified by the Customer in the order form according to the chosen package.
Article 6 – Payment Terms
The Provider will invoice the subscriptions at the beginning of the period according to the billing deadlines related to the package chosen by
the Customer. Non-recurring charges will be invoiced on the date of the first invoice at the time of commissioning.
Payments are made in Algerian Dinars, all taxes included (DZD/VAT) at the Customer’s choice, either in cash, by certified check, or by bank
transfer. The invoicing of the amounts due under the Contract runs from the date of commissioning, and payment must be made in accordance
with Article 13.5 of ICOSNET’s General Terms and Conditions of Sale (ICOSNET GTCS).

 

DEFINITION
« Endpoint » : An endpoint refers to any type of terminal that connects to the company’s net-work from outside its firewall. Here are some examples:
« Service(s) » : It is described in Article 1 below and refers to access to the endpoint security solution as specified on the order form, including
 ongoing and regular support if needed, assistance, delivery, information, or advice.
« DDoS » : Distributed Denial of Service (DDoS) attacks, take advantage of specific capacity limits that apply to all network resources, such
as the infrastructure that enables a company’s website to be set up. The DDoS attack sends multiple requests to the targeted web resource
with the goal of exceeding the website’s capacity to handle multiple requests… and prevent the website from functioning properly.
« Anti-DDoS Protection » : Distributed Denial of Service (DDoS) mitigation is the process of suc-cessfully protecting a targeted server or network
 against a DDoS attack, by using specially designed network equipment or a cloud-based protection service.
« Commissioning » : is the delivery of the product for the purposes for which it was designed.
• Laptops.
• Servers.
• Tablets.
• Mobile terminals.

 « SSL Certificate » : An electronic certificate that authenticates the identity of a website and allows for an encrypted connection. SSL stands for “Secure Sockets Layer”, which is a security protocol that creates an encrypted link between a web server and a web browser.
« PhishGuard » : (or Phish Threat) is a security awareness training service from SOPHOS that allows users within a company to recognize and report attacks by simulating phishing attacks and tracking user responses. The service is provided for a specific number of users or for a specific duration
as specified on the order form.

 

Article 1 – Purpose

 

This contract (hereinafter referred to as the “Contract”) supplementing the General Terms and Conditions of Sale (GTCS) of ICOSNET, aims to define the
specific conditions, including usage and financial conditions, applicable to the Cyber-security services described in the Contract and made available to
the Customer (hereinafter referred to as the “Service(s)”).

 


Article 2 – Description du Service : solutions de protection endpoint
This contract aims to define the specific technical and financial conditions under which the PROVIDER makes available to the Customer the Services
relating to Cyber-security.

 

Article 3-  Service Delivery
The Customer completes the purchase order form for the Service purchased in full and signs it. The Customer then sends the order form to the
PROVIDER.Upon receipt of the duly completed order form, the Provider launches the Service installation process via:
1- Creation of the Customer’s access accounts on the PROVIDER’s Service platform or assignment of a voucher code to the Customer to create the account.
2- Technical prerequisites validation if necessary: the PROVIDER audits the Customer’s local network, the machines that will use the Service, and
the quality of the Internet connectivity to ensure that the Service can be used on the Customer’s Site. The PROVIDER will provide these recommendations to the Customer,
3- Production: the PROVIDER implements the Service on the machines and the local network of the Customer’s site if necessary.


Article 4 – Rights and Use Restrictions of the Service(s)
The Customer may access the Service and use it in accordance with the specified number of units on the purchase order and may not exceed this number.
The use and access to the Service by the Customer beyond the units specified on the purchase order will result in additional billing. Any increase must
be requested in writing to the account manager followed by a purchase order.
If the Customer exceeds their service right “number of units mentioned on the purchase order”, refuses to pay the additional invoice and does not pay
the invoice for additional licenses after 30 days, the Customer’s contract will be terminated for exceeding the Service and not complying with the
terms of this contract.
The Customer is solely responsible for:
– Access to and use of the Services, as well as access and use of the Services by beneficiaries or any other third party;
– Appropriate configuration of the Services by themselves or a third party;
– The Customer agrees to implement all necessary means to protect account information, credentials (including passwords and multi-factor authentication
devices or information used), and the installation agent used by the Customer that may result in the installation of additional units not specified on the
purchase order;
The Customer cannot and shall not (to a subsidiary, user, or third party) directly or indirectly:
– Grant rights to use the Service, admin center, or installation agent, resell, rent, distribute, market, or transfer in any other way;
– Attempt to gain unauthorized access to the Service;
– Use the Service to store, transmit or spread any viruses, software routines, or other code designed to allow unauthorized access, disable, delete or
otherwise harm software, hard-ware or data, or perform any other harmful actions;
– Disable or circumvent any monitoring or billing mechanism related to the Service.
The SUPPLIER disclaims all liability for malfunctioning of the Service due to its configuration by the Customer.
The Customer agrees to respect the rights of third parties, including personality rights, intel-lectual property rights of third parties such as copyrights,
patent rights, or trademark rights

 

 

Article 5 – Prices
The price of the Service includes one, some, or all of the following fees:
– Installation;
– Monthly subscription for the chosen pack;
– Fees for providing specific equipment and its guarantee deposit.
In addition, additional options may be subscribed, installation fees and / or monthly subscription fees or fees, following requests for technical or
administrative modifications. These fees are subject to a specific price communicated on a quote to the Customer for approval.

 

 

 

 

 

 

 

 

 

 


Article 6 – Payment Conditions
The SUPPLIER will invoice the subscriptions for each Pack subscribed by the Customer on a monthly basis, no later than the thirtieth (30th) of each month
or annually. Non-recurring charges will be invoiced on the date of the first billing during the Service Activation. Recurring Service charges will be invoiced
according to each Service commitment. Payments are made in Algerian Dinars (TTC). The billing of amounts due under this contract starts from the Service
commissioning date.
In witness whereof, the Parties sign the Contract in two (2) original copies, which are equally authentic, at the place and on the date indicated below, each
Party retaining a copy.