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1. Scope of Application
ADK Media is a limited liability company with a capital of 200.000,00 MAD, registered in the commercial register under No. 4381, with its headquarters located at Office 21, Omnia Center, Avenue Hassan II, El Jadida.
These general terms and conditions apply to the offers and services provided by ADK Media on its website www.adk-media.com (hereinafter referred to as the “Merchant Site”).
By accepting the offer (in writing or electronically) or by using the service, the client (hereinafter referred to as “the client”) accepts these general terms and conditions, the price list, and the payment terms.
ADK Media reserves the right to modify these terms of use at any time without prior notice. All such changes will be announced on the Merchant Site. Therefore, the client is encouraged to regularly consult these terms and agreements, as well as our news updates, in order to remain informed of current and applicable policies.
2. Services and Rights of ADK Media
2.1. ADK Media offers the service of Internet hosting and domain name registration under the conditions of the hosting plan ordered. ADK Media provides services within the framework of the operating capacity available. ADK Media may use third parties to provide the service.
2.2. ADK Media may modify the service at any time, and these modifications will be effective by informing the client via email or, in certain cases, through another means that proves receipt. The client agrees to this modification by continuing to use the service. Section 4.3 applies for price increases.
2.3. If a competent authority reports illegal use of the service by ADK Media, if such use is evident, or if there is a reasonable suspicion of such use, particularly based on information from a third party, ADK Media may require the client to comply with the contract, suspend the service for an indefinite period, and/or terminate the contract with immediate effect, without reimbursement and without compensation. Additional actions by ADK Media in the case of illegal use of the service or similar suspicion are reserved. ADK Media may take the same actions when the client does not comply with the contractual provisions.
2.4. ADK Media acquires an Internet domain name upon request and at the expense of the client. This domain name becomes the property of the client once the associated registration, annual maintenance, and activation fees have been paid to ADK Media.
2.5. ADK Media can be contacted via one of the means provided on the contact page of its Merchant Site. ADK Media commits to updating this information if changes occur.
2.6. The services offered by ADK Media are not geographically restricted and can be ordered internationally.
2.7. The activation and validation times for services provided by ADK Media are detailed on the payment page of the Merchant Site.
3. Client's Responsibilities and Obligations
3.1. The client is responsible for the information (texts, images, audio/video files, software programs, databases, etc.) transmitted or used by ADK Media with their consent, which they make public or keep available for consultation. The client is also responsible for links to such information.
3.2. Uploading or installing links or redirecting scripts to illegal information is prohibited, especially representations of violence, pornography, discrimination, abuse, calls for violence or crimes, gambling, copyright violations, trademark rights, or other intellectual property rights, violations of privacy, defamatory, scandalous, or private information (texts, images, videos...) without permission, fraud, etc.
The client acknowledges the code of conduct, the terms and conditions, and the usage provisions that have been appropriately communicated by ADK Media (especially on ADK Media’s website or via email). The client must adhere to the netiquette.
3.3. Legal provisions of Morocco and foreign countries must be followed when using the service.
The client is responsible for the installation of information on their hosting package or server.
3.5. If ADK Media registers a domain name for the client, they acknowledge the contractual conditions of the registration office (Registry) responsible for domain name assignment, as well as the domain management terms and conditions. The client agrees not to harm ADK Media concerning domain name acquisition. In no case is ADK Media responsible for the registration of the domain name or personal information in Online or Offline directories. The client bears the registration fees and ICANN fees.
3.6. The client ensures that all login credentials, usernames, and passwords provided by ADK Media, including those for access to their client area and those for managing services and domain names, are not known to others and that this information is not made accessible.
3.7. The client agrees not to send mass emails, including mass mailings for marketing purposes or to individuals who have not requested them (“Junk Mail” or “Spamming”). Any use outside of normal transactional emails or a spam complaint from a user or email service provider may result in the temporary or permanent suspension, in case of repetition, of the hosting or server package with immediate effect, without reimbursement or compensation. This also includes SPAM sent via a client's infected phone or computer, poorly configured scripts, or security vulnerabilities in the hosted code on the client's site that allow emails to be sent from outside the server through their hosting or server package.
3.8. The client has the option to create and run their dynamic scripts (PHP, MySQL, ...) on their own hosting space. This usage must be reasonable, however, in order to provide quality service, we reserve the right to suspend sites using scripts that consume a large percentage of system resources (CPU, RAM, Disk I/O, Network Bandwidth, ...) and thus jeopardize the proper functioning of the hosting server, or terminate the contract with immediate effect, without reimbursement and without compensation. We observe this issue, for example, on websites using CMS (WordPress, Joomla, or others) with pirated plugins or themes, sites with security issues or PHP code failures, streaming sites (audio/video), online gaming sites, high-traffic news sites, or the use of the service for file storage, archiving, or sharing, etc.
3.9. Uploading Malwares, files containing viruses or malicious scripts is strictly prohibited, even unintentionally. If such files are detected, ADK Media may suspend the service for an indefinite period and/or terminate the contract with immediate effect, without reimbursement and without compensation. This measure also applies in the case of malicious files injected by hackers from insecure scripts, outdated CMS, modules, themes, and plugins on the client's hosting or server package.
3.10. Excessive use or monopolization of the email server by any means is strictly prohibited. ADK Media may suspend the service for an indefinite period or terminate the contract with immediate effect, without reimbursement and without compensation, in order to maintain fair email service availability for all clients sharing the same server within the framework of shared hosting plans.
3.11. If the client contracts a server management service, they are entitled, depending on the selected management offer, to periodic management (daily, weekly, monthly, or annual) based on a defined hourly rate in the offer. This hourly rate is not cumulative over time and can be used (or not) by the client only during the time slot defined in the offer. Unused hourly rates will not carry over to the next period.
4. Billing and Payment Terms
4.1. ADK Media services are prepaid, and the client must make the payment before the service is activated.
4.2. Subscriptions are not automatically renewed. The client must make the payment before the due date. In the case of a payment delay, ADK Media may suspend the service or terminate the contract with immediate effect and without compensation.
4.3. ADK Media reserves the right to change prices at any time without prior notice. ADK Media will notify clients in a timely manner of any price increases so they can cancel the contract before the expiration date. Without a written termination request during this period, the changes are considered accepted by the client.
4.4. To pay for an order by credit card, the client must choose a payment method from those offered by ADK Media on the Order Form (Visa, MasterCard, or CMI). Payment via Moroccan credit card is secured by CMI (Centre Monétique Interbancaire), which provides a fully secure payment service. The payment transaction is processed on CMI's secure platform, and the client’s banking information does not transit through ADK Media’s IT system and is not made accessible to ADK Media or its personnel. ADK Media’s responsibility cannot be engaged in this matter, which the client expressly acknowledges and accepts in accordance with Article 30 of Law 31-08. The client guarantees ADK Media that they have any necessary authorizations to use the chosen payment method when confirming their order. In case of credit card payment, the provisions relating to fraudulent use of the payment method in the agreements concluded between the client and the card issuer, and between ADK Media and its banking institution, apply.
4.5. Withdrawal Period, Satisfaction or Refund Guarantee
4.5.1. The client can exercise their right of withdrawal in accordance with the legal provisions. To do so, the client must contact ADK Media by opening a ticket from their client area and mentioning the invoice number, to notify their intention to return all or part of the order within 30 calendar days from the service activation date. Any failure to meet this return obligation, as indicated above, will be considered as the client’s waiver of their right of withdrawal. This right of withdrawal only applies to Web hosting services and does not include domain names, for example.
4.5.2. The client must ensure that the activated products match their order. If, after processing their order, they realize they received a service that does not meet their expectations, they must contact ADK Media’s commercial service within 48 hours after service activation for a possible replacement of the service delivered by the one initially requested. Any claims made after this period will be rejected, and ADK Media will be released from any liability.
4.5.3. The "Satisfaction or Refund" guarantee applies only to new orders and cannot be applied in the following cases: - Upgrade orders, meaning changing the hosting plan or server to a higher one. - Orders for domain names, SSL certificates, additional licenses for hosting services. - Refund requests following an ABUSE case opened due to a violation of these general sales conditions.
4.5.4. If all conditions are met, the amount related to the unused period of the service(s) subject to the withdrawal request will be added to the client's account balance to be used for future orders or renewal invoices for other services from ADK Media. Furthermore, ADK Media reserves the right to deduct the fees and commissions applied by payment methods (banks, online payment gateways, etc.) from the initial payment.
4.6. The client may request the cancellation of their order at any time before receiving confirmation of the activation of their service. ADK Media reserves the right not to accept this cancellation request if the installation procedure has already started. If the request is accepted by ADK Media, the payment made will not be refunded but will be credited to the client’s account for use in paying subsequent orders.
4.7. Any client credit balance is non-refundable.
4.8. When placing an order, the client agrees that invoices will be made available electronically; no paper invoice will be automatically sent. The electronic invoice is available upon payment validation and at any time through the client area.
5. Warranty and Liability
5.1. ADK Media's Warranty and Liability
5.1.1. ADK Media does not provide a guarantee for uninterrupted service. ADK Media cannot guarantee continuous service, service at a specified time, or the quality of data recorded and transmitted. ADK Media is not responsible for accidental publication of client data or for its deterioration or deletion.
5.1.2. ADK Media is not responsible for claims or damages arising with the client or their clients, particularly damages due to data loss or inability to access the internet, send or receive information.
5.1.3. ADK Media is not responsible for fraudulent use or third-party damages, for telecommunications network and Internet security flaws, or for repair and support service fees.
5.1.4. ADK Media is not responsible for operational interruptions needed for repairs, maintenance, new technology introduction, or similar purposes.
5.2. Client’s Warranty and Liability
5.2.1. The client is responsible to ADK Media for all damages related to violations of their responsibilities and contractual obligations.
5.2.2. If ADK Media, a member, manager, or employee of ADK Media is criminally, civilly, or administratively pursued for the illegal nature of the information provided by the client and/or held accountable, the client is responsible for the damage. Claims for moral damages are reserved.
5.3. ADK Media is only bound to perform its obligations as long as no force majeure event interferes with them.
6. Protection, Publication, and Security of Personal Data
6.1. When processing personal data, ADK Media complies with Moroccan data protection and telecommunications laws. ADK Media does not sell or lease personal data of its clients.
6.2. ADK Media reserves the right to disclose the client's identity upon request from third parties and require the client to reveal their identity in their online appearance in accordance with applicable regulations. If we need to comply with the law, enforce our policies, or protect our rights, property, or security, ADK Media reserves the right to disclose your personal information.
6.3. ADK Media takes economically feasible, technically possible, and proportionate measures to ensure service delivery. However, when using the internet, the client faces risks related to data protection, especially unencrypted emails sent by the client that can be read, modified, delayed, or intercepted by unauthorized malicious actors. The senders of these emails can be technically falsified. Contributions to discussion groups, forums, and chats can be forged, modified, and exploited by malicious actors. These malicious actors may monitor internet traffic and discover usernames and passwords, especially on shared networks. Data encryption improves the confidentiality and reliability of information.
6.4. During any commercial contact with ADK Media, the client must provide accurate personal information.
6.5. The client agrees that their personal data provided to ADK Media can be used for marketing purposes related to ADK Media services or products, and ADK Media may inform the client about attractive offers. Personal data is treated confidentially.
6.6. In accordance with Law No. 09-08 promulgated by Dahir 1-09-15 of February 18, 2009, relating to the protection of physical persons with regard to the processing of personal data (Official Bulletin No. 5714 of 05/03/2009), the client has the right to access, rectify, and oppose the use of information concerning them. They can exercise these rights and obtain information about themselves from the commercial service by email, through a support ticket, or by postal mail.
The client remains fully responsible for personal data processing carried out on their behalf and agrees to comply with all legal and regulatory requirements concerning IT, files, and freedoms, including filing the necessary formalities with the National Commission for the Control of Personal Data Protection (CNDP).
The information collected on the merchant site is processed by ADK Media for customer management purposes. This processing has been authorized by CNDP under Number A-GC-130/2017 as of 21/07/2017.
6.7. The client agrees to maintain a valid email and postal address. ADK Media will send the client login credentials for accessing their services via email. The client also has the right to delete their personal information if they do not have active services with ADK Media. To exercise this right, the client must submit a request to ADK Media’s commercial service through their client area.
6.8. ADK Media prohibits the use of malware or adware on its merchant site.
6.9. As part of domain name registration or transfer, in accordance with ICANN regulations, the following information provided by the client during their order is made public on Whois: Name, surname, company name, postal address, email, phone number. The client can hide this information by activating the “ID Protect” option on supported extensions.
7. Confidentiality
The parties shall treat all information confidentially that is not known to the general public or accessible to everyone. When in doubt, the information must be treated as confidential. This confidentiality obligation exists even before the contract is concluded and persists after the contract ends.
8. Contract Duration and Termination
8.1. ADK Media guarantees (in accordance with Chapter 5) the duration of the contract for a monthly, quarterly, semi-annual, or annual period, depending on the type of product and the expiration period chosen by the client when placing the order.
8.2. For non-prepaid services, the client can terminate the contract with 30 days’ notice before the end of the contract period. After this period, the client becomes liable for the renewal amount for the contract.
8.3. ADK Media may terminate the contract with immediate effect and without compensation if a bankruptcy or insolvency procedure is initiated against the client or in the case of illegal use or upon denunciation by a competent authority (See article 2.3).
8.4. ADK Media may terminate the contract with immediate effect, without reimbursement and without compensation, if the client fails to comply with these terms of use.
8.5. ADK Media may terminate the contract in the event of the commercial shutdown of the service by ADK Media, or due to a regulatory or judicial decision to suspend general activity or the service.
8.6. In the event of termination of the contract or suspension of the service as described in Chapters 2 and 3 of these terms, ADK Media will inform the client via a support ticket or by sending an email notification.
9. Dispute – Competent Jurisdiction
The general terms and conditions of sale are governed by Moroccan law. ADK Media and the client agree to seek an amicable solution before taking any legal action. Any dispute arising from these conditions will be brought before the court of the consumer’s domicile, place of residence, or the court where the event causing the damage occurred, at the consumer’s discretion.
10. Legal Notices
Publisher and webmaster of the Merchant Site: ADK Media SARL
Host of the Merchant Site: ADK Media SARL
In case of navigation issues on the Merchant Site, it is possible to contact the company ADK Media directly at +212.522.50.52.00.
