1. Application of General Terms and Conditions
QMP Management is a design office based in Marrakech (297 rue principale, Sidi Ghanem industrial district, Morocco), Dakar (Golf Sud 9 C, Senegal), and Bas-en-Basset (Haute-Loire, France). QMP Management provides consulting, expertise, and training services in the fields of quality management, measurement, and projects. These general terms and conditions of sale apply to all services provided by QMP Management. Any order placed by the client implies acceptance of these general terms and conditions of sale. In response to a request for services, QMP Management sends a technical and financial proposal, which constitutes the specific conditions that modify or supplement these terms and conditions.
These terms and conditions are governed, depending on the place of performance of the service, by either Moroccan or Senegalese law.
2. Confidentiality
QMP Management undertakes to maintain the confidentiality of information relating to the work entrusted to it. We prohibit the disclosure of any information to third parties without the client's prior consent, unless such information is already in the public domain, if QMP Management was already aware of it, if it regularly obtains it from other sources, or if its disclosure is required by an authority as part of an administrative or legal procedure, or as part of an assessment by a third-party organization.
QMP Management implements all necessary technical and organizational measures to ensure the protection of the client's confidential data.
3. Copyright and Intellectual Property
QMP Management's technical and educational materials are licensed under the Creative Commons CC BY-NC-SA license. They may be copied and distributed for non-commercial purposes, with attribution and sharing under the same conditions.
4. Order
All requests for services must be made in a dated written order, stating the precise description of the service, as well as the name and position of the signatory. Any order placed with QMP Management implies the client's acceptance of these general terms and conditions. If necessary, QMP Management will acknowledge receipt of the order to confirm final acceptance of the terms and conditions contained therein and to establish the provisional work schedule.
QMP Management may refuse to perform a service if the purpose of the service appears to be contrary to its mission or values.
5. Financial Conditions
Invoices are payable according to the terms and deadlines stated in the offer or contract.
In Morocco, in accordance with Law No. 49-15 on payment deadlines, the contractual deadline agreed between the parties may not exceed 120 days from the invoice issue date. Unless otherwise stated, the maximum legal deadline is 60 days.
In Senegal, according to the principles of the Code of Civil and Commercial Obligations and OHADA, payment deadlines are those expressly agreed between the parties, or failing that, must be reasonable. Any late payment will automatically and without prior notice result in the application of late payment penalties of 1% per month, calculated pro rata temporis. QMP Management reserves the right to suspend services until full payment is received.
6. Performance Time
The performance times for services are indicated as an estimate in the offer and may vary depending on the complexity of the request, specific conditions, and resource availability. QMP Management will endeavor to meet the agreed deadlines, but cannot be held responsible for any delays caused by unforeseen circumstances or events beyond its control. (See 16. Force Majeure)
In the event of a substantial change in the terms of the order or additional requests from the client, the performance times may be revised. QMP Management will inform the client of any change in the estimated deadline as soon as possible.
7. Order Modification
Any modification to the initial order regarding the nature, scope, or specifications of the services must be made in writing by the client and accepted by QMP Management. The modification request must be submitted as soon as possible to allow QMP Management to make the necessary adjustments.
Any additional work decided upon by mutual agreement or made necessary during the execution of the work will be subject to a price review and an appropriate deadline.
8. Cancellation and Refund
QMP Management only offers refunds under certain circumstances, including: double payment, non-delivery of service, or duly justified dissatisfaction.
All refund requests must be made within 30 days. The client must provide all necessary evidence to support their request.
QMP Management reserves the right to refuse a refund request if the evidence provided is deemed insufficient.
9. Withdrawal
For an order placed, the customer has 14 days to exercise their right of withdrawal without giving a reason, starting from the day they received the general terms and conditions of sale.
The withdrawal request must be made in writing and include the following personal information: Last name, first name, telephone number, and email address.
This 14-day right of withdrawal is only applicable when the customer is an individual, under the conditions provided for by local regulations. It does not apply to services ordered as part of a professional activity.
10. Services Involving On-Site Intervention
The client undertakes to provide QMP Management with access to the service locations, samples or equipment, and all technical documentation necessary for the delivery of the service. It is the client's responsibility to make all administrative and security arrangements relating to QMP Management's access and intervention conditions at the client's site.
11. Training Services
In accordance with our quality approach based on ISO 29993, QMP Management undertakes to issue training completion certificates only to participants who have completed the skills acquisition assessment questionnaire.
12. Communication and Use of Service Results
The results of the services provided by QMP Management result in the creation of documents under QMP Management letterhead in the client's name and in French, unless otherwise specified in the quote. Documents are sent to the client electronically via QMP Management's email system in PDF format to a personal address provided by the client.
QMP Management retains an original document consisting of an authenticated edition of the document sent; this document alone is authoritative in the event of a dispute. If the client requires another format or a version in another language, they must expressly request it, and this additional information will be invoiced in addition.
13. Invoicing and Payment
The invoice is payable by check or bank transfer to QMP Management. In the event of non-payment, services will be suspended and deadlines will expire. International payments are the client's responsibility, including bank transfer fees. Local taxes, duties, or charges are the client's responsibility.
14. Liability
QMP Management shall not be held liable for any loss of profits, revenue, or data, whether direct or indirect. In any event, QMP Management's liability is limited to the total amount paid by the client for the service in question.
15. Force Majeure
QMP Management shall not be held liable for delays or non-performance of its obligations in the event of force majeure, defined as any external, unforeseeable, and irresistible event beyond its control, making it impossible to perform the contract. In this case, QMP Management's obligations shall be suspended for the duration of the force majeure event.
Force majeure events in the countries of operation include, in particular, natural disasters, strikes, pandemics, major social conflicts, and administrative or political decisions restricting movement or economic activities.
16. Dispute Resolution
In the event of a dispute regarding the interpretation or performance of these general terms and conditions, the parties agree to seek mediation before initiating any legal action. The mediation shall be conducted by an approved mediator chosen by mutual agreement between the parties. If mediation fails, the dispute will be submitted to the courts of the principal place of performance of the service, or, failing that, to the administrative headquarters that issued the corresponding invoice.
17. Complaints
Any complaints or suggestions may be sent to: [email protected].
The complaints handling process can be provided upon request at the same email address.
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