The purpose of these General Conditions of Sale (GTC) is to define the terms, as well as the conditions of sale and provision of services under which ADARKA WEB DESIGN provides services to its client. All product and service offerings offered by ADARKAWEB.COM are subject to these General Conditions of Sale and to the laws in force. Please read these General Conditions of Sale carefully, download them (and / or print them), and keep a copy. The validation of any estimate established via the site Adarkaweb.com is worth full and entire acceptance of the following regulation: In these present regulations, the term “The customer” designates the person being in transit or having already validated an estimate established by Adarkaweb.com
The first deposit (1/2 of the full invoice) confirms the validation of the estimate established by Adarkaweb.com for the customer and triggers the effective start of the work, the costs of which it covers in particular. In the event that the actual start of the service is scheduled for a date subsequent to the validation of the estimate, this first deposit does not trigger the actual start of the work but results in the reservation by Adarkaweb.com of the time necessary for them to date, and for the planned period. This initial deposit is final and non-refundable once costs and / or working time have been incurred, except in exceptional cases at the sole discretion and discretion of Adarkaweb.com. You can still benefit from the legal withdrawal period of 7 days in the sole case where no costs or human resources have yet been incurred by Adarkaweb.com or its possible service providers during this period. At the same time as the payment of the first deposit, the estimate sent by Adarkaweb.com must be returned by the customer who will have previously dated, signed and on which he will have written the words “Good for agreement”. This sending of the validated estimate can be done by post or by electronic sending (e-mail).
Payments in 3 installments are generally reserved for quotes encompassing several services (eg site creation + natural referencing) or for sums deemed important in the eyes of Adarkaweb.com and corresponding to projects long enough to allow spreading.
The last deposit confirms the end of the work and the final acceptance of the project and the work done for the client. The only additional service to be performed by Adarkaweb.com after the last payment is the transfer of the domain name to the name of the customer in the event that this provision is provided for in the estimate. This provision is in fact not systematic and must appear on the quote accepted by the customer. By default, the transfer of the domain name is reserved for our site creation offers and does not apply to our rental offers.
In application of the laws in force, late penalties are payable the day following the payment deadline appearing on the validated estimate or the invoice, in the event that the amount due is paid after this date. An increase of 10% of this amount can then be applied without any other form of notice from Adarkaweb.com. In the event that the customer is still not able to honor the payments 30 (thirty) days after this date, Adarkaweb.com reserves the unilateral right to suspend or cancel outright the service, without opening the right to any compensation for the customer and to initiate legal proceedings against the customer for non-payment. To the amount due, the costs of proceedings will be added.
Adarkaweb.com also reserves the right to ignore or decline any future order from this customer or his agent. The fact of suspending or restricting the provision of services or services does not exempt the customer from payment. of the total amount due and applicable surcharges
In the event of force majeure as defined by the jurisprudence of the Nigerien courts, making it impossible for one or the other party to perform its obligations, the respective obligations of Adarkaweb.com and the customer will be suspended initially.
If the suspension exceeds a period of 60 (sixty) days, the contract may be automatically terminated at the initiative of either party. Adarkaweb.com and the customer will then be released from their commitments, without any compensation being due on either side as a result.
Adarkaweb.com cannot be held responsible for any delay or non-performance of service, when the cause of the delay or non-performance is due to the occurrence of a case of force majeure recognized by case law: long-term failure of the public electricity distribution network, strikes, riots, wars, storms, earthquakes, failure of the public telecommunications network, loss of Internet connectivity due to public and private operators on which Adarkaweb.com and its service providers depend.
Description of the “Domain names” service
The “Domain names” service is dedicated to the online reservation, transfer and renewal of domain names, as well as the management of the corresponding email addresses.
This service is also offered in offers relating to website creation and hosting.
It is expressly recalled here that, as part of this service, our company acts as a technical intermediary whose role is to register and / or renew the domain name (s) chosen by the customer according to the criteria defined by the latter, under his sole responsibility, in particular with regard to duration and extensions.
Adarkaweb.com is only subject to an obligation of means. Adarkaweb.com provides the following services:
Search for the availability of domain names on the “Whois” database
Registration, renewal and transfer of domain names, and other associated services.Adarkaweb.com is subject by ICANN to respect the Charter “Rights and Responsibilities of Registrants”
Registration
Before reserving a domain name, the customer must check the spelling, as well as the availability of the latter.
If the domain name the customer wishes to reserve is not available, the customer must choose a different one.
As soon as the domain name is registered in the registry, the customer receives a confirmation email. The domain name thus registered cannot be modified by the customer.
The customer can access the whois in order to verify that his domain name is correctly registered.
The customer is the holder of the registered domain name.
As soon as the domain name has been registered in the registry, the customer can create his online email addresses (the number of addresses varying depending on the offer subscribed), from his manager.
In the event of a handling error on the part of the customer or of a technical problem linked to a failure of its equipment, which would give rise to the loss of e-mails, Adarkaweb.com reserves the right to apply restoration costs of mailbox up to 10,000 FCFA per mailbox, justifying the necessary intervention time.
A Domain Name may appear available when consulting the site on the Whois service, when in reality it is already reserved or in the process of being reserved. In this case, the Client’s request will be refused and the Client may not engage the liability of Adarkaweb.com or that of the Registry or the corresponding Registry Operator.
Adarkaweb.com will do everything in its power to ensure that the distributor’s request is forwarded to the relevant Registry Operator within 48 hours of receiving the Information.
Adarkaweb.com cannot be held responsible for technical difficulties beyond its control, encountered both in the transmission and in the recording of data by the Registry or Registry Operator in question.
The Customer accepts that his domain name may be suspended, canceled or transferred in order to correct any errors made by the Registry Operator or by Adarkaweb.com, during the registration of the domain name.
Renewal
It is up to the customer to renew the registration of his domain name before its expiration date and therefore to take the necessary steps in view of this deadline.
In the event of renewal of a domain name, it is carried out as follows:
access by the customer to his manager in which he has the list of domain names of which he is the holder,
indication of the number of years for which the customer wishes to renew his domain name,
validation involving acceptance of the general conditions,Thirty (30) days before the expiration date of the domain name registration, the customer is invited to renew it according to the above procedure. One or more reminder emails are sent to him until the expiration date of his domain name, if he has not followed up on the previous one (s).
If the domain name is not renewed before its expiration date, it will automatically fall into the public domain and all data will be permanently deleted from the registry and from the customer’s account.
From the expiration date of the domain name registration, the customer is then solely responsible for its protection.
In the event of a request to restore a domain name made after the expiration date thereof, the customer agrees to pay our company, in addition to the price, a fee, the amount of which will be determined as follows:
– if the request for restoration is made within forty (40) days of the expiration date of the domain name, the amount of the costs is sixty thousand (60,000) CFA francs;
– if the request for restoration is made after forty (40) days, the amount of the costs is eighty thousand (80,000) CFA francs.
Transfer
“Classic” accommodation
Our company offers a service dedicated to website hosting, which includes:
website hosting on a shared server with permanent access to dedicated storage space, the capacity of which varies depending on the offer subscribed,
establishment of permanent internet connectivity, the capacity of which varies depending on the offer subscribed,
technical monitoring of the hosting service,
the backup of the hosted website,
the online reservation, transfer and renewal of domain names subject to their availability,
the management of the corresponding email addresses.This service is also offered in offers relating to website creation.
The client’s website is hosted on a Linux shared server on which the client has unlimited storage space.
The customer acknowledges having been informed in this regard that the storage space dedicated to him is reserved for his sole use but that, on the other hand, the server on which the site is hosted, as well as the installation and the services related to this (hardware, premises, bandwidth, firewall and anti-spam software, maintenance, etc.) are shared, which he expressly declares to accept.
In addition, the customer acknowledges being informed of the incompatibility of certain technologies with the shared server, details of which are provided in the offers. As such, it is recalled that the ASP programming language is not supported within the framework of the service subject hereof.
“Personalized” accommodation
Our company also offers a so-called “personalized” hosting service, tailor-made according to the specific needs of the client or requested by the client following a website transfer created by a service provider other than our company.
Any “personalized” hosting service is the subject of a specific proposal by our company which will be subject to the express acceptance of the customer.
This hosting, carried out on a shared and secure server, also has technical support linked only to the hosting in question.
Storage space or databases are adapted according to the needs of the customer’s website.
You have the option of requesting the creation of 12 email addresses included at no additional cost with each creation or exclusive rental of a website. Beyond this number, the creation of additional e-mail addresses is billed at 10,000F / address.
Possibility of web hosting with cpanel access for very technical people and on request only.
The customer implicitly authorizes Adarkaweb.com to use its name (or company name), logo and URL in its commercial documents, or on its Adarkaweb.com website, as references for the purposes of its own commercial promotion.
Adarkaweb.com or its commercial intermediaries are authorized to use any creation made by Adarkaweb.com, for demonstration purposes.
The customer agrees to include on all web pages of his website, created by Adarkaweb.com, a mention / signature of the type: “Site creation by ADARKA WEB DESIGN” with a link pointing to the website of Adarkaweb .com.