This is an agreement between Visavì Sas, with registered office in Via G. Rossini, 4 - 20834 Nova Milanese (MB), Italy, hereinafter "Visavì", and the "Customer", related to the provision of the service called Sitomatic, hereinafter the "Service".
If the Customer is a consumer, pursuant to art. 3 of the Legislative Decree. 206/2005 – Consumer Code – a person acting for purposes outside his trade, business, craft or profession, the conditions of this contract are not applicable.
1. Object of the Contract
1.1. With the Service, Visavì is committed to providing the Costumer with a complete environment for developing and creating web pages and “static” web sites.
1.2. Technical details of the Service are available at http://www.sitomatic.com/en/. In particular, the Service does not include:
a) the creation of site contents, including every single page of it, that the customer deems to create through the Service. At the same time, the Service does not include the creation of texts, images, drawings, etc., which must then be made by the Customer. The Customer is also obliged to implement the plan, or menu of the site including all its levels. Similarly, the Customer makes the final layout of the site, graphics, layout and any other element of the site, including any programming code of individual pages, if present;
b) all necessary services related to the publishing of the site, but not limited to, the registration of the domain name to its Naming Authority, the signing of a service “hosting” and/or “housing” and site promotion services (for example indexing, “search engine optimization” and “keyword advertising”).
1.3. The Service provided by Visavì is based on the “Amazon Web Services” platform by the company Amazon Inc.
1.4. Access to the Service is conditioned upon termination of this contract and will be permitted only by means of electronic authentication. The credentials chosen by the customer, will be launched signing this contract, upon payment of the Service.
2. Duration and right of withdrawal
2.1. The contract may last one year, half-year or a month and is renewed automatically at each end.
2.2. The Customer may withdraw, at least five working days before the end, following one of these two ways:
- from his administration site, clicking on the button “Delete my account” on his account setting page;
- sending an email to email@example.com.
Amounts already paid will not be returned in anyway.
3. Execution of Service
3.1. Pursuant to clause 1.2, Visavì cannot be considered responsible for errors or faulty reproduction of texts, illustrations or animations, for incorrect or incomplete transmission of messages and for failing to comply in all materials created by the Customer within all web site contents and individual pages that compose it. Visavì does not extend its control to materials created by Customer.
3.2. The Service will be delivered using only the infrastructure softwares installed on the platform “Amazon Web Services” by Visavì, as in section 1.3, such as, but not limited to, CMS, scripting engines, databases, etc.
4.1. Visavì undertakes to run the Service with the highest professionalism available, to the best of its knowledge and at the highest technical level.
4.2. Visavì ensures that performances under this contract will be carried out by a highly qualified staff, supported by all the means and facilities needed.
4.3. Visavì does not guarantee that the “Amazon Web Services” platform, owned by Amazon Inc., on which the softwares of the Service are installed, are free from defects by design or failure or deficiency of materials, which may decrease the value and/or which may be unsuitable, even partially, to their intended use.
4.4. It is expressly understood that the Customer grants Visavì from now on to the broader indemnity from any liability arising from use of the Service and every kind of operations that will result in the performance of their activities.
4.5. Visavì does not guarantee continuous availability of the Service in case of technical or other problems that do not fall under the influence of Visavì. In particular, Visavì is not responsible for denial of services from Amazon Inc. that may restrict access to or the operations of the Service.
4.6. Customer can however report Visavì, via e-mail address firstname.lastname@example.org, any failure and/or malfunctions of the Service. Upon receipt of the alert, it is up to Visavì to inform the Customer of the opportunity to re-enter the Service.
4.7. Visavì reserves the right to restrict the access to the Service if this is required to ensure the operations of the Service, to maintain the integrity of the Service and, in particular, to avoid compromising data of the Customers saved on it.
4.8. Visavì does not assume any additional obligations beyond those relating to the provision of the Service, for it does not give any guarantee in relation to services provided or payable under the same also with respect to the results of such benefits or to their responsiveness to a specific purpose.
5.1. Visavì will keep any information provided by the Customer confidential and undertakes to engage its staff to keep such information confidential, as well as all processed data in relation to that information.
5.2. Some informations are not considered confidential if:
a) already known before the acquisition thereof under this contract;
b) such informations, related to or connected with, directly or indirectly, the discharge of the obligations arising under this contract, are already in the public domain, regardless of action by omission of contractual obligations in this article.
5.3. Confidentiality with Customer information will continue even after the termination of this contract and until that information is not confidential from the public domain.
6.1. To enjoy the Service, Customer must pay the price due.
6.2. Visavì reserves the right to change prices of the Service. The new prices will apply when the contract expires if it is renewed. Customers will be notified of new prices before the expiry of the terms of withdrawal referred in paragraph 2.2.
7. Data Protection / Privacy
7.1. Pursuant to the Legislative Decree no. 196/03 (Italian Privacy Code) the Customer gives his/her informed consent to the processing of his/her data indicated in this contract, in all operations envisaged by the Privacy Code.
7.2. In particular, the Customer is aware that:
a) data are needed for each performance of this contract and the provisions of law, civil and tax laws;
b) the refusal to provide such data involves the non-conclusion of the contract;
c) the customer, at any time, may exercise the rights mentioned in art. 7 of Privacy Code.
7.3. Data Controller for the Service is Visavì Sas, with registered office in Via G. Rossini, 4 - 20834 Nova Milanese (MB), Italy.
8. Jurisdiction and Applicable Law
8.1. This agreement is governed by the Italian law.
8.2. All disputes arising from interpretation of this contract, which can not be resolved, shall have exclusive jurisdiction in the Court of Milan.
9. Vexatious Terms
9.1. Pursuant to the Italian Civil Code – co. 2 of art. 1341 – the terms in favor of the person who has prepared the contract have no effect unless they are specifically approved with a written document. The Legislative Decree, March 7, 2005, no. 82, Italian Digital Public Administration Code, states that only electronic documents with qualified electronic signature and digital signature can be considered as a written document. The simple electronic signature and advanced electronic signature should not be considered sufficient.
9.2. Therefore, the Customer must successively or simultaneously with the acceptance of all conditions reported above approve unconditionally the terms indicated separately in the following paragraph 9.3.
9.3. The Customer must take one of the following actions:
- Download the PDF version of this contract and use a qualified electronic signature or digital signature to sign it, thus specifically endorsing vexatious terms set forth in paragraph 9.4, then send it to the e-mail address email@example.com;
- Download the PDF version of this contract, print and sign it (with written signature in the space below labeled SIGN HERE), thus specifically approving vexatious terms set forth in paragraph 9.4, then send it by fax at the number +39 03621910015 or with mail service to Visavì Sas, Via G. Rossini, 4 - 20834 Nova Milanese (MB), Italy;
- Download the PDF version of this contract and attach it to a certified mail (Italian Posta Elettronica Certificata) and insert the following phrase in the body: “Pursuant to articles no. 1341 and 1342 of the Italian Civil Code, clauses 2.2, 3.1, 4.3, 4.4, 4.5, 4.7, 4.8, 6.2, 8.2 are specifically approved”. Then send it to the e-mail address firstname.lastname@example.org.
9.4. Pursuant to articles no. 1341 and 1342 of the Italian Civil Code, clauses 2.2, 3.1, 4.3, 4.4, 4.5, 4.7, 4.8, 6.2, 8.2, are specifically approved.
SIGN HERE > The Customer, _________________