The following terms and conditions regulate the contract for the supply and fruition of the services detailed in the related description sheets available on our website http://www.seeweb.it and singularly requested by the customer.
The parts that convene and agree to the terms and conditions proposed shall hereafter be referred to as:
CLIENT The party that subscribes the present contract at the aim of using the services provided by the SUPPLIER of the services, agreed and legally identified as SEEWEB srl, the proponent of the contract for the services supply
Hereafter, a series of technical terms or products names will be mentioned in the contract, such as:
HOSTING The SUPPLIER provides physical/logical resources to the CLIENT exclusively, with pre-definite features that cannot be modified by the CLIENT. This make the CLIENT use the necessary resources to create and manage a website with all the functionalities and tools declared in the hosting technical features
CLOUD HOSTING / CLOUD SERVER / CLOUD INFRASTRUCTURE The SUPPLIER provides physical/logical resources to the CLIENT in a form that is not necessarily exclusive and with pre-definite features that could be modified by the CLIENT. With these type of solutions, the CLIENT can use the resources necessary for calculation environments, databases, storages connected to the Internet network on the base of the IP protocol and interoperating with it
DEDICATED HOSTING The SUPPLIER provides physical/logical resources to the CLIENT exclusively, with pre-definite features that cannot be modified by the CLIENT. Basically the CLIENT is offered the possibility of using the resources needed to manage sites and applications, using the functionalities described in the technical features.
HOUSING or COLOCATION The SUPPLIER provides, in an exclusive way, services that the CLIENT can modify. The services rented to the CLIENT shall remain the property of Seeweb.
DOMAIN NAME Mnemonic name for identifying an IP in the network. The SUPPLIER, setting aside different indications, offers services of registration and/or transfer of a domain name taking care of the procedures on the behalf of the customer.
2. Subject of the contract
The SUPPLIER proposes the CLIENT to agree upon the contract that allows him to use the services requested with the features and performances defined by the solution chosen and how reported in the product technical description.
A total or partial transfer to third parties is allowed, and it is defined “resale” of services object of the present agreement, setting aside eventual responsibilities and limitations established.
Every performance standing for an integration to the service object of the contract and eventually requested by the customer, even after the moment of stipulation, shall be submitted to the conditions of this agreement and considered a substantial part of the service.
The contractual scheme applicable is the one for the renting of objects or lease, according to which the CLIENT will never become the owner of the services provided. The effects deriving from an eventual registration of the DOMAIN do not fall under this clause.
3. Supply modality
The supply takes place according to the conditions identified in the article No.1. The present general conditions are applicable to all services activated, also after the first period of validity. These services shall be provided on the base of the conditions indicated in the descriptive sheet and shall be regulated by the general conditions of the agreement. The single services shall be activated and cancelled according to the provided procedures. When not shown, it shall be possible to refer to the general conditions about the cancellation of the art. No. 8
4. Result guarantee
The SUPPLIER undertakes to provide the service, with the characteristics conformant to the service product description sheets, at the date of the service startup. Hardware and software updates may, however, need to be carried out depending on contingent circumstances. The supplier also provides a continuity of service (SLA), except for different indications,, from 99,00% to 99,90% referred to the solar month. Should the SLA not be respected, the SUPPLIER shall recognize a compensation equal to the total fee based on the above said monthly calculation and referred to the service for which the SLA has not been respected.
5. Data liability
The CLIENT is fully liable for the data inserted in the permanent memory reserved for him by the SUPPLIER, and for any controversy related to the distribution of these data over the web. With the signing of this contract, the CLIENT agrees to exempt the SUPPLIER from any civil and/or penal responsibility deriving from the storage and divulgation of data inserted by him that may violate any law in force at the time of issue of this contract or in the future
The CLIENT is responsible for any violation of copyright caused by data or programmes subject to royalties, and contained in the server but not explicitly provided by the SUPPLIER the CLIENT shall stand surety for the SUPPLIER for any type of burden deriving from such violations made by the CLIENT and related to any type of use of the DOMAIN, as specified above.
6. Technical assistance and maintenance
The SUPPLIER offers technical and software assistance but limited to its own Operative System and other basic services mentioned. Under the terms of this contract, the SUPPLIER is not responsible for the maintenance of equipments needed for (or related to) anomalies that can be charged to the CLIENT responsibility and lack of attention.
No technical support is given to the client for programming and solving problems not directly associated to what included in the technical description sheet of the product and directly linked to the services offered by the SUPPLIER.
7. Duration of the agreement
The current agreement has indefinite duration unless one of the parties provides the other party with a written notice of non renewal. The notice can be sent via registered letter or electronically making sure that the SUPPLIER has correctly received it and with a 15 days advance before the expiry date single services are defined, activated or stopped after related communication of the CLIENT by means of the website arranged by the SUPPLIER. Even communications of startup and suspension by means of registered letter or by electronic means, as long as confirmed by the supplier, if with an advance of 15 days, will be considered equivalent. services, except for different indications, shall be renewed automatically, on the base of the natural contract duration as specified in the website and in the descriptive page of the specific service contracted. the client have not acquired any service for more than three months, this contract shall be considered expired
Should the CLIENT withdraw from this contract before its expiration, he is still liable for thr payment of the contact duration rent rate related to the period in which the service is not used as rescission damage.
The supplier reserves the right of a total or partial suspension of the service without advance notice in case of a serious breach for technical, behavioral or financial reasons on the part of the CLIENT, who is held liable for paying the entire annual rent for the service indexed with possible related arrears.
Should the SUPPLIER no longer be able or willing to tacitly renew the contract at the date of its expiration, he has to give a 15 days advance notice to the CLIENT who does not present any breach.
The CLIENT is liable for the payment of the rent due, accordingly to the terms agreed and for the type of service chosen, upon receipt of the invoice and respecting the date indicated therein.
The CLIENT accepts any extra charge for cashing and communication expenses. It can be possible that some services, for a certain contractual period, will not be charged CLIENT is responsible for verifying the regularity of his payments."
In case of delayed payments (beyond the expiration date), arrears will be calculated. For unpaid services, the rate of interests is equal to the arrears provided for by the art. No. 5 of the law No. 321 of 3/10/2002 and calculated “pro die”.The SUPPLIER is granted the option to update the list prices shown on the website following the FOI index arranged by the ISTAT.
10. Service suspension
The SUPPLIER has the right of suspending, without advance notice, the service provided in the following cases:
- The parts that convene and agree to the terms and conditions proposed shall hereafter be referred to as:
- CLIENT The party that subscribes the present contract at the aim of using the services provided by the SUPPLIER of the services, agreed and legally identified as SEEWEB srl, the proponent of the contract for the services supply
- Hereafter, a series of technical terms or products names will be mentioned in the contract, such as:
Should the service suspension be due to what laid out in the above mentioned commas (A and B) the SUPPLIER has the right to extend the suspension effects even to other separated contracts with the CLIENT. The 'suspension' or ‘termination’ of the services stands for the total impossibility - temporarily or definitely - of using the services contracted 'suspension' or ‘termination’ of the services doesn’t entail the immediate destruction of the material that may be related to the service, as indicated in the article No. 1. material will be removed from the servers belonging to the SUPPLIER non sooner than 15 days from the services suspension or termination date. reference to what specified in the previous commas, no damages may ever be claimed by the CLIENT from the SUPPLIER.
11. Competent Court
The supply contract is regulated by the laws of the Italian Government. The parties acknowledge Frosinone as the court of competent jurisdiction for controversies relevant to this contract, main competence shall be assigned to an arbitrator, who shall follow the procedure laid out in the statute deposited at the Chamber of Commerce, Industry, Agriculture and Artisanship -CCIA - of Milan on the part of the SUPPLIER to one of the procedures stated in art. 633 and following art. of the civil procedures code, is considered an explicit waiver of the arbitration clause herein defined.
12. Notices for CLIENT and CLIENT site
Every type of communication related to this agreement will be notified in a written form and sent via registered letter or telegram to the addresses indicated by the CLIENT case of wrong address indication or in case the address has not been updated by the CLIENT, the communications shall be considered correctly sent.
13. Deadline; withdrawal option
The date on which this contract comes into force shall be inferred from when the SUPPLIER makes the services available to the CLIENT, activating them. Any supplementary service requested after the main service start-up will be automatically discontinued at the termination of the main service so-called “withdrawal option” will also be valid as of the date stated above in pursuance of the provisions of the law decree No. 185/99, that is valid both for consumers, as intended by the law, and for any other subject of the law. right may be exercised within 10 days from the above-defined date.
14. Personal data treatment
The personal data provided by the CLIENT to the PROVIDER are protected by the art.13 of the l.d. No. 196/2003 i.e. the “Code on the protection of personal data”. This article is detailed in the website of the PROVIDER specified above CLIENT authorizes the use of his personal data in order for this contract to be carried out also in relationship with third parties necessary for the exploitation and the ascertainment of the obligations. data treatment holder, following the law No. 196/2003 is the SUPPLIER. conferring of all data related to the present contract is closely related to the execution of the contractual relationship and the lack of consent shall make impossible to carry out the contract.