GENERAL CONDITIONS OF CONTRACT
|art. 1) OBJECTWith the General Conditions of Contract will define the terms and conditions, services and products provided, that the customer claims to have carefully inspected and approved.
art. 2) DURATION AND WITHDRAWAL
The customer enters into the contract and requires the services through the payment, which, dated and signed has value as a contract proposal. This contract will have a minimum duration of 12 months from the day of service activation.
The Customer undertakes to maintain dominance matched him at MWI Srl for a period of minimum duration of 12 months. during the ‘purchase / subscription of the contract, the service will be billed for a subsequent period of 12 months. Cancellation must be made strictly by registered AR 45 days before the expiry of the year.
This agreement is valid for domains and services purchased and paid for at time of order.
MWI Srl may decide not to conclude the contract if:
art. 3 ) COMMITMENTS AND DUTIES OF THE AFFILIATE
The MWI Srl agrees to give continuity to the service in question which, reserving only a firm service for ordinary and extraordinary maintenance.
The MWI SRL can not be held responsible in case of delays, delays, malfunctions and / or interruptions in service due to force majeure, eventi non previsti e non prevedibili dall’ InWeb Italy S.r.l.s. o da terzi, quali, si cita a titolo esemplificativo e non esaustivo, catastrofi naturali, fulmini, incendi, esplosioni, picchi temporanei di accessi ai siti hostati presso i ns. server, ricezioni massive di mail, interruzioni legate a malfunzionamenti hardware e software, electrical phenomena of machinery hardware, no cancellation, loss of files, defects or delays in the transmission and reception of information, server failures or losses and damages suffered by the customer or any third party due to virus eventually received or sent via the Internet .
The MWI Srl can never be held responsible for the disruption caused by the companies that make the housing, it is impossible, given the variability and mutation of the same services, predict downtime and / or suspension of services.
art. 4) RESPONSIBILITY
The customer assumes all liability for the content and form of notices published through sites and programs and hold harmless The MWI Srl and its suppliers from any claim, action or exception that should be relied upon in that regard by third parties against the MWI Srl (by way of example: industrial patent, copyright, privacy, etc …)
The MWI Srl disclaims any liability relating to data published on the website and / or contained in the database of the customer, which have not been treated according to the information under Article 13 of the law. 196/2003.
The customer retains full ownership of the information, except as provided in article, taking the broadest responsibility for the content of such information, and exonerates MWI Srl any liability and burden of verification and / or control in this regard.
The MWI Srl has no obligation to monitor content of the material of the customer, but has the right to inform the judicial authorities in the event that it becomes aware of violations committed by the customer in the use of the service.
Is expressly excluded from any liability of MWI Srl for all information published in the web space available to the customer.
Customer raises and holds harmless The MWI Srl from all losses, damages, liabilities, costs, charges and expenses, including any legal costs that may be incurred and / or franchisee incurred as a result of any failure by the Customer to the obligations and guarantees provided for in this article and still connected to the input of the information in the web space available to the customer, even in cases of damages claimed by third parties for any reason.
The Customer agrees to pay all the activities necessary in order to scrutinize the budget and / or act and / or stand trial before all bodies and / or competent authorities in every court for disputes arising in any way from content of the information.
If the information have advertising, you guarantee that they comply with all the provisions in force.
In case of transfer of a site or program provided by the customer, where possible in the absence of encrypted code and / or password-protected applications or copyright, the MWI Srl agrees to immediately manage problems that may arise due to configurations set on the old webserver, but assumes no responsibility for the timing of activation of the domain that will be linked to the availability of the old maintainer to provide information needed to troubleshoot.
The Customer undertakes to verify the content published to verify the correctness and therefore the absence of typos and of any other nature, raising the franchisee any liability.
The Customer undertakes to manage and verify the operation and content of the sites and programs undertaken and / or published by MWI Srl on his own, and to report any errors, therefore the MWI Srl can not be held responsible for errors in calculation or management of the data entered.
The Customer undertakes to autonomously periodic backup of data and files managed on the internet,
The Customer undertakes to carry out a weekly email and visibility of the site and to report to the MWI Srl Any service interruptions.
During the creation of each email, will be communicated to the client a temporary password for the initial configuration, which must be changed independently by the client for obvious reasons of privacy, through its access panel to remote mail.
The MWI Srl cannot be held responsible for the blocking of any email considered SPAM, if that service has been activated.
The MWI Srl can never be held responsible for malfunction of services resulting from liability of telephone lines, electricity and global networks or national, such as failures, overloads, outages, etc..
The MWI Srl can never be held responsible for actions, omissions or failures of third parties which affects the functioning of telematic services made available to the customer, including, by way of example, the deceleration speed and the lack of telephone lines and computers that manage traffic telematic between the Customer and the system of MWI Srl.
The Client shall be considered binding rules of the Code of Conduct advertising declaring as of now to accept the decisions of the Jury and of the Audit Committee.
|Where information have the nature of printing under article 1 law February 8, 1948, 47, these will apply the provisions in force concerning printing and related requirements will be the exclusive responsibility of the Customer who is also committed to provide the relevant information to MWI Srl And ‘expressly forbidden to publish material:
art.5) USING OF THE WEB CONTENT by the franchisee
The Customer authorizes the MWI Srl , In the promotion of its services to:
art. 6) MODE OF PAYMENT
The customer, for the services provided, will correspond to MWI Srl rents and prices in effect at the time of signing the contract.
In all amounts invoiced will apply the VAT due.
In case of late payment, the customer will have to pay default interest on the basis of the provisions of the Legislative Decree 9 October 2002 n.231.
art. 7) SUSPENSION OF SERVICE
In the event that the customer is in default of payments referred to in Article 6) of at least 30 (thirty) days before the deadline, the MWI Srl will have the right to suspend the service until the arrears will not be fully healed.
The reactivation of the suspended service will be charged of € 450.00, plus VAT.
Following the suspension of service, The MWI Srl grants you a further period of 30 (thirty) days to remedy the delinquency, unnecessarily after which the MWI Srl will delete the material from the archives of the customer, without any obligation to compensate any damage caused to the customer.
In any case, the customer will have to recognize the MWI Srl the difference between the months already billed and the amount remaining.
art. 8) TAXES
The VAT and any tax liability arising from the execution of the contract shall be borne by the customer.
art. 9) SALE
Web space and services purchased can not be transferred to third parties by the customer.
The customer will still be felt directly and solely responsible and will reply of the space utilization and of the information entered and services, even if due to any third party assignees by the Customer as provided in art. 4) “RESPONSIBILITY”.
art. 10) TERMINATION CLAUSE
The MWI Srl reserves the right to terminate the contract pursuant to Art. 1456 of the Civil Code with simple written communication sent via mail or by registered A / R, in cases of breach of the obligations contained in articles:
art. 2) DURATION AND WITHDRAWAL, art. 4) RESPONSIBILITY ‘, Art. 6) MODE ‘PAYMENT, art. 7) SUSPENSION OF THE SERVICE, art. 9) SALE
Also remain in any case affect the rights of MWI Srl to receive the payment for the services used, in addition to the right to compensation for their losses.
art. 11) LAW AND JURISDICTION
To this contract, exclusive and binding, are applied the law and the jurisdiction of Italian
art. 12) ACTS OF TOLERANCE
The delay or omission by MWI Srl the exercise of rights under this contract or tolerance of behaviors of the Customer , will not in any case acquiescence, waiver or modification of rights that, therefore, be exercised by MWI Srl at any time.
Art. 13) PRIVACY
In order to comply with privacy laws as per Legislative Decree no. 196/03 and subsequent amendments the parties grant mutual consent to the processing of their personal data, to the extent strictly necessary for accurate and proper fulfillment of this contract,expressly stating that they were mutually aware of all of its rights and duties
art. 14) JURISDICTION
Any dispute concerning the validity, interpretation, performance or termination of the contract is exclusively competent the hole of Bari, Italy.
Within the General Conditions of Contract and all its annexes shall apply:
Site: all the information allocated in the Web space;
Program: application for managing and storing data;
Contract: each contract for the supply of services, including any optional services, according to the terms and conditions of the order form / purchase- Proposal for a contract purchased / subscribed by the customer for the purchase of optional services and these Conditions of Contract which together constitute it;
Order Form Proposal-contract: the request Purchased / signed by the customer to be able to enjoy the services provided by MWI Srl;
Customer: the legal entity or natural person who for their own purposes has Purchased/Signed the Order Form Proposal-contract.