These general terms set the rules for using our website and client spaces, and the conditions under which Aluid Marketing Agency provides its services. They are meant to be fair to both sides: they tell you what you can expect from us, and what we need from you for the work to go well.
1. Who we are
Aluid Marketing Agency, Morocco, Rabat, Rabat, Morocco.
Email: aluid.hq@gmail.com.
2. When these terms apply
- Part A applies to anyone who uses our website or a client space.
- Part B applies to every devis we issue and every service we provide. A devis is accepted when you sign it, accept it online in your client space or through its private link, confirm it in writing (an email is enough), or pay its deposit. By accepting a devis you accept these terms in the version published on the day of acceptance.
- If a devis says something different from these terms, the devis wins on that point. Your own purchasing conditions do not apply unless we have accepted them in writing.
PART A. USING THE WEBSITE AND CLIENT SPACE
3. Fair use of the website
- Use the website lawfully and honestly. Do not send false or abusive enquiries, try to break into or overload our systems, copy the site with automated tools, or get around its security.
- We may block access or delete enquiries that break these rules, and report serious abuse to the authorities.
4. Your client space
- Your client space is reached through a private link and an access code. Keep them confidential: anything done through your access is treated as done by you.
- Tell us at once if you think someone else has your link or code; we will issue new ones.
- Accepting a devis, approving work or sending a message from your client space has the same value as a signed letter, under Law 53-05 on the electronic exchange of legal data.
- We may suspend a client space for security reasons, and will tell you why.
5. Website content
The text, design, logos, images, videos and case studies on our website belong to us or to our clients and partners, and are protected by Law 2-00 on copyright and Law 17-97 on industrial property. You may view and share links to them, but not copy, reuse or adapt them without our written permission.
6. Availability and links
We work to keep the website and client spaces available and accurate, but we do not guarantee they will be uninterrupted or free of errors, and we may change them at any time. Links to other websites are given for convenience; we are not responsible for their content.
PART B. OUR SERVICES
7. Devis and prices
- A devis is valid for 30 days unless it states otherwise. After that, we may update it.
- Prices are in the currency shown on the devis, and show whether taxes are included. VAT and other taxes are added at the rate in force on the invoice date.
- The devis describes exactly what is included. Anything not listed (extra formats, extra revision rounds, extra days, travel outside the agreed city, rush delivery) is quoted separately and done only once you agree.
8. Deposit and payment
- Work starts once the devis is accepted and the deposit is paid. The deposit is the amount shown on the devis; if none is shown, it is 50% of the total.
- The balance is invoiced as stated in the devis. Invoices are payable by the due date shown on them; if none is shown, within 30 days of the invoice date, and in any case within the limits set by Law 69-21 on payment terms.
- Late payment automatically triggers the late-payment penalties provided by law, plus any reasonable recovery costs, without a reminder being needed.
- If an invoice is unpaid more than 15 days after its due date, we may, after a written reminder, pause the work until it is paid; deadlines move by the length of the pause.
- If you disagree with an invoice, tell us in writing within 15 days of receiving it, explaining why. The undisputed part stays payable on time.
- Ownership of what we deliver, and the rights described in section 15, pass to you only once everything owed under the devis is paid.
9. Third-party costs
Media space, printing, materials, venue hire, permits and their fees, talent, equipment rental, transport and similar costs are billed as stated in the devis. Where they are significant, we may ask you to pay them in advance or pay the supplier directly. Prices set by third parties can change; we tell you before committing to any increase.
10. What we need from you
- Accurate information, a named contact who can decide, and answers and approvals within the agreed times. Delays on your side move our deadlines by at least the same time.
- Materials you supply (logos, trademarks, photos, videos, music, texts, product information, personal data) must be yours to use, or properly licensed. You guarantee they do not infringe anyone's rights or break the law.
- You are responsible for the legal accuracy of what is said about your own products and offers: prices, promotions, health or performance claims, contest rules and regulated products.
- Approvals must be given in writing; an email or a message in the client space is enough.
11. Permits, public spaces and safety
- Guerrilla, ambient and experiential actions often need permission from local authorities, property owners, venues or transport operators. The devis says who obtains each permit. If it does not say, obtaining permits is your responsibility, and we help you prepare the requests.
- We will not carry out an action that we reasonably judge to be unlawful, unsafe, or likely to harm people, property or public order, or to expose either of us to legal action. In that case we will propose a safe alternative; if none is possible we may cancel that part. Work already done stays payable.
- We follow safety rules on site and remove the materials we install, unless the devis says otherwise.
- Fines, removal costs or damages caused by your instructions, by your materials, or by a permit that was your responsibility are borne by you. Those caused by our own fault are borne by us, within the limits of section 19.
12. Content we will not make
We refuse content that is unlawful, defamatory, discriminatory, misleading, contrary to public order, that infringes someone's rights, or that targets a person or a competitor in a way the law forbids, and content for products whose advertising is banned or restricted unless the legal conditions are met.
13. Revisions and acceptance
- The devis states how many rounds of changes are included; if it does not, two rounds are included at each stage. Further changes, or changes after approval, are billed as extra work.
- Each deliverable is considered accepted when you approve it, when you use it publicly, or if you raise no written objection within 7 days of delivery.
14. Deadlines
Deadlines in the devis are our commitment to plan and work diligently. They become firm dates only if the devis says so. They depend on your inputs and approvals arriving on time, and on permits being granted.
15. Intellectual property
- Until everything owed under the devis is paid, all rights in our work remain ours, and you may not use it.
- Once paid in full, you receive the rights to reproduce, show and adapt the final approved deliverables, for the purposes, media, territory and duration stated in the devis. If the devis does not state them: for your own promotion, on the media planned for the campaign, in Morocco, for 5 years. You may ask us to extend these rights at any time.
- We keep the rights to our drafts, unused concepts, proposals, methods, tools, templates and know-how. Concepts we pitched but you did not buy remain ours and may not be carried out without us.
- Elements owned by third parties (stock images, fonts, music, footage, a person's image) are licensed for the uses and durations stated by their owner; renewing or extending them is at your cost.
- Working and source files are not included unless the devis says so.
16. Portfolio and credits
Once a campaign is public, we may show the work, and your name and logo as a client, in our portfolio, on our website and social networks, in pitches and in award entries. If you want the work kept confidential, tell us in writing and we will respect it. We never reveal your confidential information.
17. Image rights
When we hire talent or film identifiable people for you, we obtain their written consent for the uses stated in the devis; you must not use the images beyond those uses. For images and people you supply, you guarantee you hold the necessary consents.
18. Confidentiality
Each of us keeps confidential the other's non-public information (strategies, prices, results, data, unreleased products) during our work together and for 3 years after it ends, and uses it only for the project. This does not cover information that is already public, was already known, or must be disclosed by law.
19. Liability
- We commit to doing the work with care and skill (an obligation of means). We cannot guarantee results that depend on others, such as sales, reach, virality, press coverage, the public's reaction, decisions of authorities, or the rules and algorithms of social networks and platforms.
- Neither of us is liable for indirect losses such as lost profit, lost business or lost opportunity.
- Our total liability for any project is limited to the amount you actually paid under the devis concerned.
- These limits do not apply to fraud, gross fault, or anything the law does not allow to be limited, and they do not reduce any right a consumer has by law.
20. Your guarantee to us
You protect us against claims, fines and costs caused by materials you supplied, instructions you gave, permits that were your responsibility, or your products and offers, provided we tell you of the claim promptly and let you take part in the defence.
21. Force majeure
Neither of us is responsible for a delay or failure caused by events beyond reasonable control, as defined by the Dahir on Obligations and Contracts: for example extreme weather, a ban or decision by an authority, unrest, epidemics, strikes or major outages. The affected party tells the other quickly, and obligations are suspended while the event lasts. If it lasts more than 30 days, either of us may end the devis in writing; work done and costs committed until then remain payable.
22. Cancellation and termination
- You may cancel a devis in writing at any time. The deposit is kept, and work done plus third-party costs that cannot be cancelled are payable.
- For an action tied to a date (an event, an activation, a booked media slot), cancelling or postponing less than 7 days before that date also makes 50% of the remaining amount payable, because the time and resources are already reserved.
- Either of us may end the work for a serious breach that is not fixed within 15 days of a written notice.
23. Working with others
We may work with trusted freelancers and subcontractors; we remain responsible for their work towards you. During our work together and for 12 months after, you agree not to hire or engage directly, without our consent, a person who worked on your project for us.
24. Personal data
We handle personal data as explained in our privacy policy. When we process personal data on your behalf for a campaign, we act as your processor under the conditions described there, and you remain the data controller.
25. Consumers
If you are a consumer acting outside any business, the protections of Law 31-08 on consumer protection apply in full, and nothing in these terms reduces them.
26. Games and gifts
From time to time we run free games, such as the envelope hidden on our website.
- Taking part is free and requires no purchase and no commitment.
- The prize is described with the game. For the envelope, it is a campaign idea written for your brand and sent to you by message. It has no cash value, cannot be exchanged, and comes with no guarantee of results. You may use it freely; carrying it out is your own decision, at your own cost.
- One code per person and per brand. Prizes go to the first valid codes sent to us as the game explains, while the stated number lasts.
- We may refuse or cancel codes obtained by automated means, in bulk or through any other abuse, and may end or change a game early if it is misused.
- These games are not sponsored, endorsed or run by Instagram or Meta, which are not responsible for them.
27. General
- Notices are sent by email to the addresses used for the devis.
- If one clause is found invalid, the others still apply. Not enforcing a clause at one time does not waive it.
- These terms, the devis and its annexes are the whole agreement between us for the project.
- These terms exist in French and English. If they differ, the French version prevails.
- We may update these terms. The version that applies to a project is the one published on the day its devis was accepted.
28. Law and disputes
These terms are governed by Moroccan law. In case of disagreement, we will first try to find an amicable solution within 30 days of a written request. Failing that, the competent courts of Rabat have sole jurisdiction, unless a mandatory rule, in particular for consumers, provides otherwise.