Terms and Conditions - MyDeveloper.ma
Effective Date: 01/07/2025
Article 1. Preamble and Definitions
These General Terms and Conditions (hereinafter "T&Cs") govern the contractual relationship between:
The Provider: MyDeveloper, with its head office located at "Center D'affaire Menara Rue Abdellah Ben Yassine N°5 Etage 1 Bureau N°4 - Marrakech", hereinafter referred to as "the Provider".
The Client: Any individual or legal entity using the services of the Provider, hereinafter referred to as "the Client".
Together, the "Provider" and the "Client" are referred to as the "Parties".
By signing a quote or placing an order, the Client fully and unreservedly accepts these T&Cs.
Article 2. Purpose and Nature of Services
The Provider offers services in the digital field, including but not limited to:
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Creation and redesign of websites (showcase sites, e-commerce, etc.).
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Web and mobile application development.
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Technical, corrective, and evolutionary maintenance.
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Hosting and domain name management.
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Digital strategy and IT consulting.
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Sale and installation of computer hardware (servers, computers, network peripherals, etc.).
The exact nature of the services provided is detailed in the quote accepted by the Client.
Article 3. Quotes and Orders
All services provided by the Provider are subject to a prior, free, and detailed quote sent to the Client. This quote specifies the nature of the services, prices, indicative delivery times, and payment terms.
An order is considered firm and final upon receipt by the Provider of the dated and signed quote from the Client, marked with "Good for agreement" ("Bon pour accord") or "Approved", and accompanied by the down payment defined in Article 5.
Article 4. Obligations of the Parties
4.1. Provider's Obligations:
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The Provider commits to performing the services defined in the quote with due diligence and professionalism (obligation of means).
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The Provider commits to regularly informing the Client of the project's progress.
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The Provider commits to respecting the confidentiality of all information provided by the Client.
4.2. Client's Obligations:
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The Client commits to providing the Provider with all necessary elements for the performance of the service (texts, images, logos, access, suitable premises for installation, etc.) within the agreed-upon deadlines.
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The Client declares that they hold all intellectual property rights to the elements provided.
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The Client commits to actively collaborating by providing prompt feedback and validations so as not to delay the project.
Article 5. Rates and Payment Terms
Rates are indicated in Moroccan Dirham (MAD) and are those in effect on the day the order is placed.
Unless otherwise specified in the quote, the payment terms are as follows:
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50% down payment upon signing the quote to initiate the project.
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50% balance payment upon final delivery of the service (before final deployment).
For the sale of hardware, full payment for the equipment may be required upon ordering, before delivery, as specified in the quote.
Payments can be made by bank transfer or any other means agreed upon between the Parties. Any delay in payment may result in late fees and the suspension of ongoing services.
Article 6. Intellectual and Material Property
6.1. Transfer of Rights: Upon full payment of the balance, the Client becomes the exclusive owner of the work and the proprietary rights to the deliverables created specifically for them (the "final product").
6.2. Provider's Rights: The Provider retains the intellectual property rights to its own tools, methods, know-how, and pre-existing code elements used to perform the service.
6.3. Right of Promotion: Unless explicitly requested otherwise by the Client, the Provider reserves the right to mention its work for the Client in its portfolio and on its communication materials (website, social media) for promotional purposes.
6.4. Ownership of Hardware: The transfer of ownership of the hardware sold to the Client occurs upon full payment of the agreed-upon price. The Provider retains full and complete ownership of the hardware until it is paid for in full (retention of title clause).
Article 7. Liability
The Provider's liability cannot be engaged for damages resulting from improper use of the site by the Client, intervention by an unauthorized third party, or malfunctions related to external services (hosting provider, third-party plugins).
Regarding the hardware sold, the Provider's liability is limited to its proper installation. The Provider cannot be held responsible for failures covered by the manufacturer's warranty, nor for damages resulting from improper use, lack of maintenance, or unsuitable environmental conditions (power surges, humidity, etc.) on the part of the Client.
In any event, the Provider's liability is limited to the total amount, excluding taxes, actually paid by the Client for the service in question.
Article 8. Hardware Warranty
The hardware sold by the Provider is covered by the manufacturer's warranty, the terms of which are provided to the Client. Any action under the warranty must follow the procedure defined by the manufacturer. The Provider may, if specified in the quote, act as an intermediary to facilitate after-sales service (ASS) procedures with the manufacturer, without substituting the manufacturer's obligations.
Article 9. Governing Law and Competent Jurisdiction
These T&Cs are subject to Moroccan law.
In the event of a dispute relating to the interpretation or execution of these T&Cs, the Parties agree to seek an amicable solution. Failing an amicable agreement, exclusive jurisdiction is granted to the Commercial Court of Marrakesh to settle the dispute.