LICENSE AGREEMENT FOR USE OF THE 'SIMPLE FINALLY' WEB PLATFORM FOR A SINGLE DOMAIN
1) Introduction
Article 1.1
These General Conditions and any Additional Conditions of the requested Service, listed below, are deemed to have been read and accepted by the CUSTOMER at the time of signature.
In the event that the mandatory personal data provided by the CUSTOMER are found, even upon subsequent control, to be incorrect, incomplete or non-existent, TLO di Enzo Tassan Gurle reserves the right not to activate, suspend or terminate the Service at any time without notice.
2) Subject
Article 2.1
The following terms and conditions regulate the provision of services provided between TLO di Enzo Tassan Gurle, hereinafter called SUPPLIER, and the CUSTOMER, meaning exclusively companies, bodies, professionals and individuals with a VAT number. This contract does not apply to consumers pursuant to Legislative Decree. 206/2005 (Consumer Code).
Article 2.2
The SUPPLIER grants the CUSTOMER a non-exclusive and non-transferable license to use the "FINALLY SIMPLE" web platform (hereinafter "WEB PLATFORM"), accessible via the domain chosen by the CUSTOMER, upon payment of an annual fee.
Article 2.3
The ownership of the WEB PLATFORM remains with the SUPPLIER. The CUSTOMER has the sole right to use the WEB PLATFORM for its own domain during the period of validity of the contract, without any right of ownership or modification of the same.
Article 2.4
The CUSTOMER declares and guarantees to stipulate this contract exclusively for professional and/or entrepreneurial purposes. As a consequence of this, the CUSTOMER recognizes that the Legislative Decree does not apply. 206/2005 (Consumer Code) and expressly renounces any rights and protection reserved for consumers.
3) Description of the service
Article 3.1
The service consists in the granting of a license to use the WEB PLATFORM, allocated in a shared virtual server, thus making it accessible via the Internet. The hosting service is included in the annual fee.
Article 3.2
The CUSTOMER will be able to browse the WEB PLATFORM at the address corresponding to their domain and will have access to the version of the purchased plan.
Article 3.3
Service limitations:
E-mail: maximum space for e-mail boxes equal to 5 GB.
SMTP: sending limit of 100 e-mails/hour.
Files: the total number of files in the account cannot exceed 5 GB.
Database: each individual database cannot exceed 1 GB of space.
4) Activation
Article 4.1
The signing of this contract and the payment of the fee by the CUSTOMER constitute full acceptance of the general conditions.
Article 4.2
Any additional services requested by the CUSTOMER subsequently will be subject to the conditions of this agreement.
5) Access credentials
Article 5.1
After payment of the fee, the SUPPLIER will send the CUSTOMER the access credentials to the WEB PLATFORM.
Article 5.2
The CUSTOMER is responsible for the confidentiality of his/her own informationaccess credentials and any damage resulting from their disclosure.
The CUSTOMER will be able to change the password to access the site administration from the control panel of the WEB PLATFORM
6) Duration, renewal, cancellation
Article 6.1
The contract has an annual duration, unless otherwise agreed in writing, and starts from the date of activation of the service.
Article 6.2
Upon expiry, the contract is automatically renewed, unless written cancellation is sent by the CUSTOMER at least 30 days before expiry to the address tassangurleenzo@pec.it.
Article 6.3
The SUPPLIER will send an expiration notice at least 30 days before the expiration date of the contract.
Article. 6.4
The CUSTOMER undertakes to communicate to the SUPPLIER the update of the contractual reference email to be sure of receiving technical/commercial communications from the SUPPLIER itself.
Article. 6.5
On the contractual expiry date, the renewal will take place only if the customer makes the payment according to the methods set out in the art. 7 of this contract.
7) Fee and payment methods
Article 7.1
The CUSTOMER undertakes to pay the annual fee, no later than the due date, according to the methods indicated by the SUPPLIER. Failure to pay within this deadline may result in the suspension or termination of the service.
Article 7.2
The cost of the service is indicated in the price list available on www.finalmentesemplice.it/cat/it/prezzi-sito-web.
Article 7.3
The renewal must be paid by the expiry date. In case of payment by bank transfer, the service will be renewed only upon crediting of the amount due.
Article 7.4
The SUPPLIER does not guarantee the success of the renewal procedure if this has been requested by the CUSTOMER after the service has already expired or if the payment reporting is incomplete in the information, with particular reference to the transaction code.
Article 7.5
In the event that the SUPPLIER, for reasons not attributable to causes referred to in articles 7 (Fees and payment conditions), 13 (Limitation of SUPPLIER's liability) and 14 (Force majeure, catastrophic events and fortuitous events), does not fulfill the renewal of the service, as a penalty it will have to extend it free of charge for a further renewal period.
The CUSTOMER acknowledges and accepts that they are entitled exclusively to the extension of the service and that they cannot make any request for compensation, compensation for damage or claims of any kind against the SUPPLIER.
The CUSTOMER, therefore, now and then releases THE SUPPLIER from any liability in this regard, including any visibility or other problems that may occur following the expiry of the Service not renewed within the contractual terms.
8) Right of withdrawal
Article 8.1
The CUSTOMER can withdraw from the contract only upon payment of the fee for the entire contractual period. Early withdrawal will not give the right to any refund.
The request for withdrawal must be made by communication via certified email to the address famangurleenzo@pec.it.
Article 8.2
Beyond this deadline, the CUSTOMER can only withdraw by paying the fee for the entire contractual period.
9) Obligations of the CUSTOMER
The CUSTOMER is required to provide his/her billing data, including the company name and VAT number, for the execution of the contract, guaranteeing its truthfulness and updating under his/her own responsibility.
Any changes in such data must be communicated to the SUPPLIER within 10 days.
In the event that the CUSTOMER has provided the SUPPLIER with false or incomplete billing data or which the SUPPLIER has reason, in its sole discretion, to believe to be such, the latter reserves the right to:
a) refuse the request forwarded by the CUSTOMER;
b) suspend, without notice, the services;
c) terminate the contract.
In the event of suspension or termination of the contract, the SUPPLIER may request compensation from the CUSTOMER for any greater damage suffered. It is understood that the CUSTOMER will not be able to make any requests for reimbursement, compensation and/or damages against the SUPPLIER for the period of time in which they have not used the Service.
Article 9.2
The CUSTOMER must make periodic backups of their data. The SUPPLIER is not responsible for any loss of data.
Article 9.3
The CUSTOMER also undertakes not to use the Services for illicit purposes and not to violate in any way all applicable national and international rules, including regulatory ones.
Article 9.4
The CUSTOMER also undertakes to respect and enforce the rules of Netiquette contained in the policies prepared by the Registration Authorities competent, published on the relevant institutional sites such as for domains with the .it extension, those published on the site http://www.nic.it/, for domains with the .eu extension, those published on the site www.eurid.eu.
The CUSTOMER also undertakes to respect the ICANN UDRP policy, available on the site http://www.icann.org.
Article 9.5
The CUSTOMER acknowledges that it is solely and exclusively responsible for the activities carried out through the Service directly or indirectly referable to him, and in particular to be responsible for the contents and communications inserted, published, disseminated and transmitted on or through the Services.
Therefore, the SUPPLIER cannot be held responsible in any way for criminal, civil and administrative offenses committed by the CUSTOMER or its CUSTOMER through the Service.
Article 9.6
Spam. The CUSTOMER does not allow or allow spam activities. The CUSTOMER may not carry out spamming or equivalent actions (upload, send programs, transmit or disseminate any material that contains viruses, other codes, files or programs created to compromise, interrupt, destroy or limit the functioning of the network, carry out phishing or other equivalent actions of an illicit nature aimed at stealing personal data or other confidential information from users).
In this case, the CUSTOMER will be contacted and if he does not immediately take action to resolve the problem, the SUPPLIER will, without any further notice, suspend the service which is the subject of unlawful actions.
Article 9.7
It is understood, and the CUSTOMER acknowledges and accepts this, that the SUPPLIER does not provide, unless otherwise agreed in writing, the additional backup service of contents, connection data and data relating to IP addresses.
In the event that the backup service made available by the SUPPLIER is not successful, the SUPPLIER undertakes exclusively to pay double the amount paid for the purchase of the backup service.
The CUSTOMER will not be able to make any further claims against the SUPPLIER, either as compensation,
indemnity or otherwise and now and then exonerates the SUPPLIER from any liability in the event of total or partial loss ofdata, for any reason due.
Article 9.8
The CUSTOMER is therefore required to save his/her data separately and personally (outside the WEB PLATFORM) (those uploaded to the WEB PLATFORM), in order to limit damage, loss of files, memory, documents or any other element of the server.
Article 9.9
The CUSTOMER undertakes to indemnify and, in any case, to hold the SUPPLIER harmless from any action, request, claim, cost or expense, including legal expenses possibly deriving therefrom due to failure by the CUSTOMER, or its CUSTOMER, to comply with the obligations assumed and the guarantees given with the acceptance of this contract.
10) Suspension or termination of performance
Article 10.1
The SUPPLIER reserves the right to suspend the Service immediately if it believes that the CUSTOMER may compromise the stability, security and quality of the Services offered in sharing or carries out activities that violate the obligations set out in this contract.
In this case, the CUSTOMER will have to eliminate the causes. In the event of immediate failure to respond, the SUPPLIER will have the right to immediately terminate the contract, without prejudice to the right to full payment of the fee and the right to take action for full compensation for any damage suffered.
Article 10.2
The SUPPLIER has the right to suspend, without notice, the provision of the service if the CUSTOMER is in arrears due to non-payment of the fees.
Article 10.3
In the event of suspension of the service for any reason, the SUPPLIER reserves the possibility of extending the effects of the suspension of the service also to other contractual relationships functionally and inseparably connected with this contract, duly established and in place with the CUSTOMER.
The suspension or termination of the service will result in the destruction of any material present, after 10 days from the date of suspension and/or termination of the service. No request for compensation for damages may ever be made by the CUSTOMER against the SUPPLIER following what is specified in the previous paragraphs.
11) Obligations of the SUPPLIER
Article 11.1
The SUPPLIER undertakes to use the best technology and the best resources available to provide the services covered by this contract, without prejudice to the need to proceed with hardware and software updates based on circumstances contingent.
12) Operation guarantee
Article 12.1
The Services (including additional ones) will normally be available 24 (twenty-four) hours a day; however, the CUSTOMER acknowledges and accepts that the SUPPLIER may suspend and/or interrupt their supply to allow the execution of ordinary or extraordinary maintenance interventions that are appropriate and/or necessary both for the Server Farm premises and for the servers and/or equipment contained therein.
In such cases, the SUPPLIER undertakes to carry out the aforementioned interventions as quickly as possible and to restore the Services as soon as possible, in order to reduce the inconvenience created to the CUSTOMER. The CUSTOMER acknowledges and accepts that it will not be able to make any request for compensation, reimbursement or compensation against the SUPPLIER for the period of time in which it was unable to use the Services.
Article 12.2
In no case may the total value of the refunds paid during the year exceed the monthly fee for the service.
Article 12.3
The CUSTOMER, in order to access the refunds, must send within 7 (seven) days from the occurrence of the event, request to the PEC address taxingurleenzo@pec.it, reporting in a mannerdetailed the problem encountered.
13) Limitation of liability of the SUPPLIER
Article 13.1
The SUPPLIER is not responsible for malfunctions resulting from external causes (e.g. network problems, electrical faults).
In no case will the SUPPLIER be held responsible for the malfunctioning of the services resulting from causes attributable to telephone lines, electricity lines and global and national networks, including faults, overloads or interruptions, and in any case for facts dependent on third parties.
Article 11.2
In the event of prolonged disservice for causes attributable to the SUPPLIER, the CUSTOMER has the exclusive right to a free extension of the service.
Article 13.3
the SUPPLIER cannot be held responsible for failure to fulfill its obligations resulting from causes of force majeure.
Article 13.4
The CUSTOMER undertakes to hold the SUPPLIER harmless from all losses, damages, liabilities, costs, charges and expenses, including any legal expenses that may be suffered or incurred by the SUPPLIER as a consequence of any failure to fulfill the obligations undertaken and guarantees given by the user with the signing of this contract or membership form and, in any case, connected to the entry of information in the space provided by the SUPPLIER, even in the event of compensation for damages claimed by third parties for any reason.
Article 13.5
In any case, the SUPPLIER declines any responsibility towards the CUSTOMER or third parties for delays or interruptions of the service, specifying that the very nature of the internet does not guarantee the reachability of the WEB PLATFORM or email addresses within certain times.
Article 13.6
The CUSTOMER releases the SUPPLIER from any civil and criminal liability for the illegal use of the services used by him and his customers.
14) Force majeure, catastrophic events and fortuitous events
Article 14.1
Neither party is responsible for failures attributable to causes of fire, explosion, earthquake, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, popular uprisings,
riots, strikes and any other unforeseeable and exceptional cause that prevents the provision of the agreed service.
15) Modifications
Article 15.1
The SUPPLIER reserves the right to vary the conditions indicated in this agreement and the fees applicable to this contract at any time, by giving notice via email to the address .
The customer you can at any time read and learn more about the SUPPLIER's privacy policy at the web address https://www.finalmentesemplice.it/privacy.aspx.
Article 18.2
The CUSTOMER gives his consent to the use of his personal data for the purposes of the execution of this contract also in relation to the activities of third parties essential to the fulfillment and verification of the obligations.
Article 18.3
The data controller, pursuant to law no. 196/2003, is the SUPPLIER. At the web address https://www.finalmentesemplice.it/privacy/it/privacy-policy the CUSTOMER can read the SUPPLIER's privacy policy.
Article 18.4
The provision of all data relating to this contract it is strictly connected to the execution of the relationship for which any lack of consent will lead to the impossibility of execution of the contractual relationship.
Article. 18.5
The SUPPLIER undertakes not to reveal the personal data processed to unauthorized persons nor to use them for purposes other than those strictly connected to the execution of this contract, without prejudice to legal obligations and any orders from the judicial authority or other authorities authorized by law.
19) Complaint procedures, conciliation and competent court
The SUPPLIER will examine the complaint and provide a response to the CUSTOMER within 5 (five) days from receipt of the same. In the case of complaints for particularly complex facts, which do not allow a comprehensive response within the above terms, the SUPPLIER will inform the CUSTOMER within the aforementioned maximum times on the progress of the case.
Article 19.2
The applicable law is exclusively that of the Italian State. For any dispute arising from this contract, the competent court is exclusively that of Pordenone. The CUSTOMER, by accepting this contract, declares to act for professional purposes and expressly renounces any alternative forum provided for consumers
20) Unfair clauses
