General terms and conditions of sale

Article 2 – Identification of the seller

A.S KONSULT', a single-member limited liability company (SARL AU) with a share capital of 300,000 MAD, registered in the Commercial Register of Marrakech under number 61253, Common Company Identifier (ICE) 001562008000026.

Registered office: Le Noyer C, No. 24, rue Ibn Sina, Guéliz, Marrakech, Morocco. E-mail: contact@askonsult.com. Telephone: +212 6 61 45 54 27.

Consulting firm not registered with the Bar; no representation before the courts and no act reserved to the regulated legal professions.

Article 3 – Status of the buyer

When placing an order, the buyer states whether it is acting in a professional capacity. In that case, the buyer provides its corporate name and its Common Company Identifier (ICE) or, for a buyer established outside Morocco, its tax identification number; these particulars appear on the invoice.

Where no purchase in a professional capacity is indicated, a buyer who is a natural person is treated as a consumer.

Article 4 – Products and services

Each product page of the website sets out the essential characteristics of the product or service: content, format, language, duration or time frame for performance, access arrangements, price and, where applicable, minimum commitment period.

Tools, white papers and intake forms are documents of general information; they constitute neither a legal consultation nor an opinion on a particular situation. Consultations answer a defined question on the basis of the information provided by the customer; they do not replace an engagement where the matter requires the examination of documents or an in-depth analysis.

No service includes representation before a court or any act reserved to the regulated legal professions.

Online orders are limited to 25,000 MAD per order. Above that amount, as well as for packages and bespoke engagements, sales are made on the basis of a quotation.

Article 5 – Prices

Prices are expressed in Moroccan dirhams (MAD), exclusive of tax and inclusive of all taxes, value added tax being applied at the rate in force on the date of the order. The applicable price is the price displayed at the time the order is validated.

Services rendered for export, within the meaning of Article 92-I-1° of the General Tax Code, are invoiced exempt from value added tax where the legal conditions are met and substantiated by the customer.

For professional buyers, withholding taxes deducted at source pursuant to tax legislation do not reduce the agreed price; the buyer provides the corresponding withholding certificate.

Article 6 – Orders

An order follows these steps: selection of the product or service; summary of the basket, with the possibility of checking the details and the total price of the order and of correcting any input error; entry of the billing information; express acceptance of these general terms and conditions of sale by means of a box that is not ticked by default; where applicable, a request for immediate performance under the conditions of Article 9; confirmation of the order and payment.

The order is concluded upon confirmation of payment or, for payment by bank transfer, upon receipt of the funds. An acknowledgement of receipt is sent without delay by e-mail. The order confirmation, sent by e-mail, sets out the characteristics of the product or service, the price, the payment and performance arrangements, the conditions of withdrawal, the address for complaints and, for subscriptions, the conditions of termination; it includes the accepted version of these general terms and conditions of sale.

A.S KONSULT' reserves the right to refuse any order of an abnormal nature or placed by a buyer with whom a payment dispute is pending.

Article 7 – Payment

Payment is made in full at the time of ordering, by bank card through an approved payment service provider, or by bank transfer. Card data are processed exclusively by the payment service provider; A.S KONSULT' has no access to them and does not store them.

In the case of payment by bank transfer, the bank details and the order reference appear in the order confirmation. The order is reserved for seven days; if the funds are not received within that period, the order is cancelled.

Packages and engagements under quotation are payable according to the payment schedule of the accepted quotation, by payment link or by bank transfer. Subscriptions are invoiced monthly, in advance, and settled by payment link or by bank transfer.

For professional buyers, any late payment gives rise to the penalties provided for by the legislation on payment terms and may result in the suspension of performance until payment in full.

Article 8 – Performance and access

Tools, white papers and intake forms. The document is made available for download as soon as the order is confirmed, from the confirmation e-mail and the customer account, for the period stated on the product page. Free resources accessible upon registration are made available under the same conditions once the account has been created.

Consultations and express formulas. The time slot is set through the website's appointment booking tool, at least seven days after the booking. A priority slot, set less than seven days ahead, is offered only at the express request of the customer under the conditions of Article 9. Exchanges take place by videoconference. For the flash videoconference consultation (F-01), the written minutes of the decisions are sent within three working days; the analysis of documents is not included.

The customer may postpone or cancel a time slot by written request sent to contact@askonsult.com. A request received at least forty-eight hours before the start of the slot entitles the customer, at the customer's option, either to rescheduling free of charge to a new slot, subject to availability, or to a refund. A request received less than forty-eight hours before the start of the slot gives rise to a credit note for an amount equal to the price paid, redeemable on the website. Failure to attend without prior request renders the service payable.

Packages, engagements and training courses. The content, schedule and deliverables are set by the product page and, where applicable, by the accepted quotation.

Deductibility. The price of an express formula (F-01 to F-04) is deducted from a consultation, package or subscription purchased within thirty days of the order of that offer. The price of an intake form (CV-01 to CV-21) is deducted from a package purchased within six months of the order of that intake form.

Article 9 – Consumers' right of withdrawal

In accordance with Articles 36 and 37 of Law No. 31-08, the consumer has a period of seven days in which to exercise the right of withdrawal, without having to give reasons or pay penalties. This period runs from the acceptance of the offer for services and from receipt for goods; it is extended to thirty days where the written confirmation of the information required by law has not been sent. The refund is made without delay and no later than fifteen days after the right has been exercised.

The right of withdrawal is exercised by e-mail sent to contact@askonsult.com, stating the order number.

In accordance with Article 38 of Law No. 31-08, the right of withdrawal may not be exercised for services whose performance has begun, with the consumer's agreement, before the end of the seven-day period, nor for services made to the consumer's specifications or clearly personalised. The following fall within these cases:

• the immediate provision of a downloadable document, where the consumer has expressly requested such provision before the end of the period and has acknowledged the resulting loss of the right of withdrawal;
• a consultation set in a priority slot less than seven days ahead, expressly requested by the consumer;
• access to an interactive service or to a subscription whose performance begins, at the express request of the consumer, before the end of the period;
• packages and services prepared according to the consumer's specifications.

A consultation set seven days or more after the booking remains subject to withdrawal until the period expires.

Article 10 – Subscriptions

The subscription is entered into for the minimum commitment period stated on the product page and then continues from month to month. The customer may terminate it in writing at contact@askonsult.com; termination takes effect at the end of the current monthly period and no earlier than the expiry of the minimum commitment period.

In accordance with Article 7 of Law No. 31-08, the consumer is informed in writing, at least one month before the end of the minimum commitment period, of the continuation of the subscription and of the right to terminate it. Failing such information, the consumer may terminate the subscription at any time after that date, without giving reasons and without penalty.

Services included in a monthly period and not used are neither carried over nor refunded, unless otherwise stated on the product page.

Article 11 – Intellectual property and licence of use

Tools, white papers, intake forms, minutes and deliverables remain the property of A.S KONSULT', subject to the rights of the third parties cited. Their purchase grants the customer a non-exclusive, non-assignable and non-transferable licence, limited to the customer's own use or, for a professional, to the internal use of its organisation.

The customer may adapt the documents to its needs. Any resale, making available to the public, dissemination to third parties or reuse for commercial purposes is prohibited without written authorisation.

Article 12 – Liability

A.S KONSULT' performs its services with diligence, under an obligation of means, on the basis of the information provided by the customer, the accuracy and completeness of which are the customer's responsibility. Decisions taken on the basis of a document or a consultation are the customer's responsibility.

With regard to professional buyers, the liability of A.S KONSULT' is limited to direct damage and capped at the price, exclusive of tax, of the order concerned. This limitation does not apply to consumers.

Article 13 – Confidentiality

A.S KONSULT' treats as confidential the information provided by the customer in the context of a consultation, package, subscription or engagement. The customer describes the question without including confidential data relating to third parties where such data are not necessary for the service.

Article 14 – Personal data

The data collected when an order is placed are processed by A.S KONSULT', as data controller, for the purposes of order management, performance of the services, invoicing, customer relations and compliance with legal obligations, in accordance with Law No. 09-08 on the protection of individuals with regard to the processing of personal data.

The data are intended for the firm's authorised staff and its technical subcontractors (website hosting, payment, appointment booking, e-mail). Services hosted outside Morocco are located in States appearing on the list of countries ensuring a sufficient level of protection drawn up by the National Commission for the Control of Personal Data Protection.

The data are retained for the duration of the business relationship and thereafter for the statutory periods applicable to accounting records. The rights of access, rectification and objection provided for in Articles 7 to 9 of Law No. 09-08 are exercised by contacting contact@askonsult.com. The website's privacy policy sets out this information in further detail.

Article 15 – Complaints

Any complaint is sent to contact@askonsult.com or to the registered office, stating the order number. A response is provided within five days.

Article 16 – Evidence and archiving

Computer records kept by A.S KONSULT' under conditions guaranteeing their integrity, in particular orders, time-stamped acceptances of the general terms and conditions of sale and confirmation e-mails, constitute evidence between the parties. The accepted version of the general terms and conditions of sale is archived with the order; a copy is sent to the customer upon simple request.

Article 17 – Amendment of the general terms and conditions of sale

A.S KONSULT' may amend these general terms and conditions of sale. The version applicable to an order is the version accepted when that order was validated.

Article 18 – Governing law and disputes

These general terms and conditions of sale are governed by Moroccan law. The French version prevails.

The parties seek an amicable solution before bringing any action. Failing that, disputes with a professional buyer fall within the jurisdiction of the Commercial Court of Marrakech. Disputes with a consumer fall, in accordance with Article 202 of Law No. 31-08, within the jurisdiction of the Court of First Instance of the consumer's domicile or residence or of the place where the harmful event occurred, at the consumer's choice.