DEFINITION OF THE PARTIES
This contract for the provision of services is concluded between the company "PESARO SYSTEM di Marchionni Gabriele" based in Pesaro, ITALY - Via Della Rincasita, 13 VAT IT 02058680410 - hereinafter referred to simply PESARO SYSTEM and the user of the subscriber contract or module accession, hereinafter referred to simply user.
1. DESCRIPTION OF SERVICE
a. PESARO SYSTEM provides the user the ability to use your computer network to allow the sending of newsletters to people who have given their consent.
2. OBJECT OF THE CONTRACT
a. With the signing of this contract is required to PESARO SYSTEM to provide its services according to the specifications given on the same contract.
b. The services are rendered by subscription from PESARO SYSTEM user behind the payment by the user fee, as per the price list in force at the time of signing the contract or application form.
c. The terms of this contract are fully implemented and accepted by the user, even in case of temporary use of the services provided to any title from PESARO SYSTEM.
3. REQUIREMENTS, RESTRICTIONS AND USER'S RESPONSIBILITY
a. The user is responsible for the content of the information entered into your site.
b. PESARO SYSTEM is not responsible in any way for damage caused directly or indirectly from the services provided.
c. The user agrees to raise PESARO SYSTEM from any responsibility in case of complaints, lawsuits, administrative or governmental actions, losses or damages (including legal fees and honorary) arising from the illegal use of the services by the user. The civil and criminal liability of the information transmitted via the service offered by PESARO SYSTEM remains with the user.
d. The user uses the services provided by PESARO SYSTEM taking all responsibility for its actions.
e. The user agrees to keep in strict confidence and not to transfer to third parties, the alphanumeric codes (known password) necessary for the performance of the service and therefore meets the custody of them.
f. PROHIBITION is the use of telematic services of PESARO SYSTEM for unlawful purposes, or bearing the promotion of premium rate telephone services (eg, magic, pornography, fortune telling, divination, etc.) sending unsolicited advertising (SPAM) and/or email addresses of people who have no relationship with the user.
(For SPAM you intend to send any kind of email to an address that is not explicitly authorized the receipt. According to the Privacy Act is not permissible to acquire email addresses from the lists in the public domain to the user)
g. If the user fails comply with the terms mentioned above, PESARO SYSTEM stop the service without notice, without refund of the amount paid by the user and without anything to PESARO SYSTEM due. The user is aware that unlawful conduct would discomfort to all customers of PESARO SYSTEM that use that server, so a block from the police would bring to PESARO SYSTEM serious economic and image that the user will be required.
h. The user will have to pay close attention Directory to not use the services of PESARO SYSTEM illegally, in violation of the laws of the Italian Republic and the laws in force in the locality in which you and your customers reside. As part of these efforts, the user agrees to include in its agreements with its customers, in the language used by the client, a section similar to our point 3. REQUIREMENTS, RESTRICTIONS AND USER'S RESPONSIBILITY.
4. FEATURES AND FUNCTIONALITY OF THE SYSTEM
a. PESARO SYSTEM provides the user with the email service through the use of proprietary gateways and procedures can also be used via the web.
5. LIMITATION OF LIABILITY OF PESARO SYSTEM
a. In no event shall PESARO SYSTEM nor any other that had a part in the creation, production or supply of services PESARO SYSTEM shall be liable for any direct or indirect, incidental, special or consequential damages of any nature whatsoever, whether contractual, extra-contract, resulting from or services PESARO SYSTEM and/or interruption of the operation of services of PESARO SYSTEM.
The provisions of this Article shall remain valid and effective even after the termination of the term of this contract, expiration, termination or cancellation thereof.
b. In no event PESARO SYSTEM will be held responsible for the malfunction of the services resulting from liability of telephone lines, electrical, and national and global networks, such as overload failures, interruptions, etc.
c. No compensation will be required to PESARO SYSTEM for any direct and / or indirect damage caused by the use or non-use of services.
d. PESARO SYSTEM can not be held responsible for infringements of third parties that affect the operation of telematics services available to the user, including, without limitation, slow speed or failure of telephone lines and computer networks that traffic telematic between the user and the system PESARO SYSTEM.
e. You agree to hold harmless from all losses, damages, liabilities, costs, charges and expenses and including any legal costs that may be suffered or incurred by PESARO SYSTEM as a result of any failure to meet its obligations and guarantees given by user with the signing of this contract or the application form and in any case related to the nature of the service provided by PESARO SYSTEM, even in cases of damages claimed by third parties for any reason.
f. With respect to the terms of the provision of services provided, the user acknowledges that PESARO SYSTEM gives no warranty that is perfectly suited for a particular purpose.
g. In addition, the specific structure of telematic services, where many entities are involved, no assurance can be given about the constant usability of the service. In this sense, the user agrees not to hold PESARO SYSTEM liable for any loss or damage of any kind resulting from loss of data, from the impossibility of access to services, from inability to transmit or receive information, caused by, or resulting from, delays, canceled or transmission outages.
h. In case of problems with the server due to placement of IP blacklists, PESARO SYSTEM agrees to remove the server from the lists in the shortest possible time. This, however, does not depend directly from PESARO SYSTEM, and may result in a generally expected that varies from 2 to 4 working days, but on some occasions you may also have delays of 10 days.
6. FORCE MAJEURE CATASTROPHIC EVENTS AND FORTUITOUS EVENTS
a. PESARO SYSTEM is not responsible for failures attributable to causes of fire, explosion, earthquake, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, insurrection, riot, strike, or any other unpredictable and exceptional cause to provide the agreed service.
7. ECONOMIC AND COMMERCIAL CONDITIONS
a. On the day of mailing of the "activation mail server" on-line, an integral part of this contract, contains the economic and commercial conditions reserved to the user.
8. PESARO SYSTEM REQUIREMENTS
a. PESARO SYSTEM is committed to maintaining the efficiency of the service offered. If PESARO SYSTEM was forced to interrupt the service for exceptional events or maintenance, PESARO SYSTEM will try to contain them as quickly as possible outages and / or malfunction. PESARO SYSTEM will define the appropriate procedures for access to services and reserves the right to improve them at any time to be able to increase efficiency. PESARO SYSTEM will provide the client with all the technical specifications in order to access to the same services.
9. TREATMENT OF PERSONAL DATA - LAW No. 675/96 AND FOLLOWING AMENDMENTS
a. At PESARO SYSTEM will be collected and stored data and trade agreements relating to the subscription form in order to fulfill their tax obligations, tax and anything else necessary for the activation, management and / or maintenance of services provided by PESARO SYSTEM. The data are placed in a repository where we collect personal data of customers.
The nature of data required and to enable the fulfillment of legal obligations arising from the implementation of the services requested. In case of refusal to provide personal and fiscal identification we are unable to service delivery. The data shall be communicated to ns. administrative offices to fulfill the obligations to keep accounting and possibly a third for the deployment, management and / or maintenance of services provided by PESARO SYSTEM.
10. DISPLAY ON THE MAP OF CUSTOMERS
The user authorizes PESARO SYSTEM to display your name on the map customers.
The customer map is a graphical summary that displays a map of the world with an indication of the flags that correspond to the users who use the products PESARO SYSTEM. By clicking on the corresponding flag, an information box will appear containing Company Name, City, and Province. WE WILL NOT receive other data.
11. EFFECTIVE DATE AND EXPIRATION
a. The present value of a contract between the parties by the activation DATE indicated on the order confirmation.
b. Any tax charge arising from the execution of the contract, including any taxes for advertising activities, are borne by the user.
12. TERMINATION CLAUSE
a. PESARO SYSTEM reserves the right to declare the contract terminated pursuant to and for the purposes set out in Article 1456 of the Italian Civil Code written communication sent by e-mail in the event of a breach of the obligations contained in paragraphs 3. REQUIREMENTS, RESTRICTIONS AND USER'S RESPONSIBILITY, remain in any case affect the rights of PESARO SYSTEM to receive the payment for the services contracted but not used in full.
13. PLACE OF JURISDICTION
a. For any dispute arising from this contract, the parties waive conventionally jurisdiction in favor of the forum in Pesaro ITALY.
14. RIGHT OF WITHDRAWAL
a. The right of withdrawal is the possibility for a Contracting Party to dissolve a contract unilaterally, extinguishing all obligations arising therefrom, without the consent of the other party and without facing penalties. The unilateral termination of the contract must be communicated in writing to the other party within a period specified by law, or other term, provided more favorable, established in the contract, a clause in the exercise of the right of withdrawal.
b. The Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises, introduced the right to cancel within a minimum period of seven days, and has been implemented by the Italian legal.
c. Anyone who buys an object, like a subscription or has 7 days to cancel the contract without penalty who signed.
d. It must however be clear that the right of withdrawal does not apply to any goods purchased or previously having had the vision and ability to take note of all the features: rethinking is not recognized as a right.
e. If the consumer has already used the service purchased, in whole or in part, the right of withdrawal can not be applied.