Contract Web Services
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ECT OF THE CONTRACT
- By signing this contract you are requesting NetHome of Vincenzo Bonaccio to provide the W eb Service selected via form at www.nethomelive.com which includes, depending on the plan selected
Web ServiceActivation: Domain registration with PRO hosting (1gb, 1gb/s, 10 mailboxes, 1mysql, 1ftp, antivirus, antispam, backup)
70, 00 + vat / year or
Web ServiceActivation: Domain registration with UNLIMITED hosting (unlimited space, 10 mailboxes, 5mysql, 1ftp, antivirus, antispam)
€ 30.00 + vat / year
1.2 The characteristics of the service referred to in 1.1 are specified on the work supply quote, email, website. The Client is solely responsible for the type of service chosen.
1.3 NetHome reserves the right to change the features of the service referred to in 1.1 at any time by giving notice through its website or by email. In any case, this is without prejudice to the Customer’s right to withdraw, by registered letter AR, within 15 days of the notice or 60 days from the natural expiration of the contract.
- 2. EROGAZION SERVICES.
2.1 Services are considered to be provided from the day of activation.
2.2 The day of activation is considered to be the day on which the Customer is notified of the data for access to the service, either by e-mail or by telephone.
2.3 In the case of activating services for existing domains, the customer will need to arrange for the DNS settings to be changed to point the domain to the space provided by us. Registration of such domains, which has already been done through third parties, is intended as a separate service not included in this contract. Payment for renewal of domains already registered through a third party is the responsibility of the customer, unless the customer carries out the Registrar / Maintainer change procedure under his own care and successfully, delegating the
Domain maintenance completely at NetHome.
2.4 Domains registered, or successfully transferred, will be in the name of the Customer. The Customer will have the right to transfer the domain at any time, even without NetHome’s intervention.
2.5 It is the customer’s obligation to return a copy of this contract within 15 days of service activation, and failure to do so is NetHome’s right to suspend service until this contract is received.
- 3. PAGAMENTO
3.1 Payment of the setup and service fee shall be made in advance, both for activation and renewal of the service.
3.2 No overpayment of data traffic will be applied.
3.3 NetHome shall have the right to suspend the provision of service for which the Customer has not paid.
3.4 If the Customer fails to make payment within 15 days of suspension, NetHome shall have the right to cancel the service and consider this contract terminated.
3.5 Early termination of the contract will entitle NetHome to have payment of fees until the natural expiration of the contract.
3.6 NetHome reserves the right to vary the fees applicable to this Agreement by giving notice via its website or by email. These changes will apply to the Contract from the first renewal following the changes. In any case, this is without prejudice to the Customer’s right to withdraw, by registered letter AR, within 15 days after the expiration of the communication or 40 days before the natural expiration of the contract.
3.7 The prices quoted will be additionally charged the statutory VAT at the time of invoicing.
- 4. PAGAMENTOR RENEWALS.
4.1 If the contract is extended in accordance with Article 9 of this contract, the renewal payment shall be made annually in advance by
40 days before the service expires, related to the date of activation.
4.2 If the Customer fails to make the renewal payment within 40 days before the due date, NetHome shall have the right to suspend the provision of the service with respect to which the Customer has failed to make payment. Suspension does not result in the removal of data from the servers.
4.3 If the Customer fails to make the renewal payment within 15 days of the suspension, NetHome shall have the right to proceed to cancel the service, as well as to cancel all optional or additional services consecrated to the service in question, even if these had expiration dates different from that of the main service, and to consider this contract terminated. Deletion involves removing all data from the servers.
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RESPONSABILITY OF NETHOME
5.1 NetHome is committed to maintaining the efficiency of the service provided. Should NetHome be forced to interrupt the service due to exceptional events or maintenance, it will try to contain the periods of interruption and/or malfunction as quickly as possible.
5.2 If the service is interrupted for more than 1 working day, the customer is entitled to a refund of the corresponding portion of the fixed fee related to the period of interruption. An outage period is defined as the time elapsed between the time when the Customer opens a Ticket via email or website to report such failure, until the time when the
client’s server/domain is again able to receive and transmit data.
5.3 NetHome will define the procedures for operating the services and reserves the right to be able to improve them in order to increase their efficiency.
5.4 NetHome will provide the customer with all technical specifications to access the services themselves.
5.5 Implemented spam protection tools may result in automatic deletion (thus without any communication to the customer) of e-mail messages. As a result, there may be instances of failure to send or failure to receive. In the event that you want to send or expect e-mail messages that are of particular importance, NetHome recommends that you verify the successful sending or receipt, with respect to which it assumes no responsibility.
- 6. RESPCUSTOMER ONSIBILITY
6.1 It is the Customer’s responsibility to verify that the domain name that you may be applying to register is still free and to complete the bureaucratic procedures so that the domain is properly registered. If it is an already registered domain, it is the customer’s responsibility to complete the technical and bureaucratic procedures so that the domain is modified or transferred correctly, according to current ICANN rules, as well as to check whether the renewal was successful.
6.2 In case of any malfunction of the services, the Customer shall promptly notify the technical support staff via Ticket System/Mail/Fax/Telephone.
6.3 The Customer is obliged to maintain absolute secrecy about all procedures of access to the service or systems related to it, especially regarding passwords, terms of this contract and subsequent events from the same.
6.4 The Client agrees not to use the services offered in an illicit manner, or otherwise not authorized by NetHome. Examples of unauthorized use include but are not limited to spamming, spreading viruses, sending mail bombs, copyright infringement, using space to deposit sensitive data, violating privacy regulations, defamation, spreading obscene material or hacking. NetHome reserves the right to change or expand the list of activities deemed unauthorized at any time by giving notice in the area \”Service Regulations\” of the website www.nethomelive.com.
6.5 The Customer agrees not to place programs, scripts or objects that can be called from other servers in its space. Examples include, but are not limited to, public counter scripts
of visits or banners, form-to-mail or email systems parallel to those provided in conjunction with the service covered by this contract.
6.6 The Customer fully indemnifies NetHome for any civil or criminal liability arising from unlawful, improper or abnormal use of the service, even if caused by third parties through the Customer’s system.
6.7 The Client retains ownership of the information, assuming all broader responsibility for the content of the information, with NetHome expressly relieving NetHome of all responsibility and burden of ascertainment and/or control in this regard. It is therefore expressly excluded any liability of NetHome in case of unauthorized publication of information or sensitive data entered in the web space available to the Customer.
6.8 The Customer undertakes to indemnify NetHome against all losses, damages, liabilities, costs, charges and expenses, including any legal fees, that may be suffered or incurred as a consequence of any failure on the part of the Customer to comply with the obligations and warranties provided for in this article and in any case related to the entry of information in the web space, even in the event of damages claimed by third parties for any reason whatsoever.
6.9 Where the information is in the nature of an advertisement, the Client warrants that the information complies with any relevant applicable provisions and agrees to pay any state taxes and charges where required.
6.10 Publication of material with pornographic content is prohibited.
6.11 In the case of resale of web space by the Client to third parties, the Client is obliged to enforce the same clauses on the third parties.
6.12 It is the customer’s responsibility to keep his or her master data, especially e-mail addresses, up to date.
6.13 It is the customer’s responsibility to keep web scripts up-to-date in order to avoid possible haker attacks on websites. NetHome will not be responsible in any way for external attacks on the sites.
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MITATION OF RESPONSIBILITY
7.1 In no event shall NetHome be held responsible for the malfunction of the service if it is the result of overloads or outages of telephone lines, power lines, worldwide and national networks.
7.2 Services related to domains under transfer are subject to temporary interruptions. Under no circumstances will NetHome be held responsible for service interruptions during domain transfer procedures.
7.3 NetHome cannot ensure that the registration or transfer of the chosen domain is successful (obligation of result), but can only ensure that the necessary paperwork is properly initiated (obligation of means).
7.4 No damages may be claimed from NetHome for direct and/or indirect damages caused by the use or non-use of the service.
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FORCE MAJEURE, CATASTROPHIC EVENTS, AND FORTUITOUS EVENT
8.1 Neither party shall be liable for failures attributable to fire, explosion, earthquake, volcanic eruption, cyclone landslide, storm, flood, hurricane, avalanche, war, popular uprising, riot, strike, and any other unforeseeable and exceptional cause that prevents the provision of service.
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LIDITY, RENEWAL AND DURATION OF THE CONTRACT
9.1 The terms of this agreement shall be deemed to be in full force and effect and accepted by the customer even in the event of non-paying and/or temporary use of the service, for whatever reason granted by NetHome.
9.2 The contract will be for a period of 12 months (365 days) from the day of service activation, with the possibility of renewal from year to year.
9.3 The contract may be renewed for another year by making the service renewal payment in advance, 40 days after its expiration.
9.4 The customer may cancel the supply at any time and in any case at least 60 days before the natural expiration date by registered letter with return receipt.
9.5 Either party may terminate this contract early and as of right if the other has defaulted on even one of the obligations.
9.5 NetHome reserves the right to withdraw from this contract if, during its execution, technical incompatibilities occur for causes beyond its control that prevent the activation and/or delivery of the Services, without the Customer’s right to any compensation or indemnity.
9.7 Additional services may be renewed only if the main service with which they are associated is regularly renewed and active.
9.8 NetHome shall have the right to cancel optional or additional services in the event of non-renewal of the relevant service with which they are associated.
- 10. TRATREATMENT OF PERSONAL DATA – Information pursuant to art 13 of the Privacy Code
10.1 At NetHome will be collected and stored personal and business data related to this contract for the following purposes: to execute the subscribed service; to carry out the obligations required by laws or regulations; the protection of NetHome’s rights in court; to send advertising and informative material. NetHome personnel do not access or process data that the Customer enters into its web space unless expressly requested by the Customer in order to perform operations on the web space.
10.2 The personal data related to the processing in question may also be disclosed to individuals who are granted the right to access your personal data by law or secondary and/or EU regulations.
10.3 In connection with the processing of personal data, the data subject has the right, pursuant to Art. 7 to obtain all information and corrections, as well as to object in whole or in part, on legitimate grounds, to the processing of personal data concerning him or her.
10.4 The full text of the policy will be posted on our website.
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JURISDICTION
11.1 For any dispute arising from the application of this contract, the parties conventionally waive jurisdiction in favor of the court of Rome.
- 12. CLAUSOLA RESOLVED.
12.1 NetHome reserves the right to declare the contract terminated pursuant to and for the purposes of Article 1456 of the Civil Code by simple written notice to be sent by registered mail with return receipt in cases of non-performance of the obligations contained in the points:
- 3. PAYMENT, 4. RENEWAL PAYMENT, 6. CLIENT RESPONSIBILITY
12.2 In any event, NetHome’s rights to the collection of fees for the contracted services, even if not used, shall remain unaffected.
- 13. BYSPOSIMISCELLANEOUS ZIONS.
13.1 These provisions supersede any previous agreement regarding the provision of services by NetHome.
13.2 Any amendments and/or additions to these contract conditions must be in writing.