Welcome Italia is a company that operates in the electronic communication sector, owner of appropriate licences set forth by laws and regulations for the supply of products and services under the Offer. The Client is a company registered for VAT number, which showed interest in purchasing from Welcome Italia the products and services object of this Contract.
2. Object of the Contract
These general Conditions regulate the agreement by and between Welcome Italia and the Client with regards to the supply of products and services (herein after the Services), described in documents Seat, Manual and Offer.
3. Composition of the Contract
The Contract consists of these general Conditions of supply, of particular Conditions for single Services, of Vianova Manual and Offer, of the single undersigned Vianova forms and Service Chart that constitute an integral and substantial part of it. The Service Charter and particular conditions of single Services are published at www.welcomeitalia.it.
4. Conclusion of the Contract
Except the provisions set forth by the following article, the conclusion of Contract is perfected once Welcome Italia receives the contract proposal duly filled out and undersigned by the Client, and it comes into force when the Services indicated in the Offer are provided. The Client can submit the Contract proposal by phone, together with the means of confirmation request set forth specific laws concerning with distance contract; it can send the undersigned Contract proposal via ordinary mail to Welcome Italia via Montramito 431 – 55054 Massarosa (LU); it can send the filled out and undersigned Contract proposal via fax (at no. +39 0584 4244.201) or through the sales department of Welcome Italia that will pick up the undersigned contract form from the Client.
5. Technical and economic check reservations
The offer is deemed irrevocable pursuant to art. 1329 Civil Code for a period of 60 (sixty) days from the moment Welcome Italia receives it. Welcome Italia reserves the right not to accept the Contract proposal and not to provide the Services, in the following cases: the Client has been previously in default towards Welcome Italia; the Client has been sued or subjected to executive proceedings, the Client is under wind up procedure, presents a request or is subjected to insolvency proceedings; the Client intends to resell to its Customers, telephone traffic and connectivity services exploiting Welcome Italia’s network; due to technical-organisational reasons that Welcome Italia will specify to the Client. Should the provision of the Service not be possible for technical reasons that stood out after accepting the proposal, e.g. unavailability of network resources provided by third parties, refusal to release permits by competent authorities, the Contract will be automatically terminated, void and not binding for the Parties, which will have no claims towards each other. Nonetheless, Welcome Italia reserves the faculty to check the Client’s financial situation before accepting any order and during the Contract term, it can request a suitable bank surety or non-interest bearing security deposit, which amount will be in line with the value of the requested Services and supplied equipment. Welcome Italia can request at any time, the integration of the security deposit or bank surety in case of the guarantee that has been given should become no longer suitable.
The contract, also if not explicitly accepted, will be deemed validly stipulated when Services are provided by Welcome Italia.
6. Activation of services and equipment
The Client, upon undersigning of the Contract, shall declare the list of telephone lines for which it intends to request the supply of Services, indicating the exact location of the such lines at the premises object of the Contract. The activation time of the Services is indicated in the Service Charter, except those for which it is necessary to agree the relative delivery date with the Client, such as services in optical fibre. For fibre inputs or radio-relays with dedicated bandwidth, the delivery date will be estimated according to the necessary timing to obtain permits and authorisations, if any, from competent authorities in order to execute installation and building works. Said works will be carried out by subjects specifically appointed by Welcome Italia who will be responsible to execute the necessary infrastructure out of the Client’s premises; all internal cabling works are instead the sole responsibility of the Client. With regards to Voice Services, if required, the Client shall configure its switchboard at its expenses, in order to ensure the functioning of the Services supplied by Welcome Italia. In case the delivery and supply of network terminal and security devices is required in order to activate the Services under the Contract, Welcome Italia or other firm in charge, will directly look after delivery and installation, at its expenses, at the places indicated by the Client. For this purpose, the Client authorises since now Welcome Italia or firm appointed by the latter to take any necessary measure including accessing buildings, in order to install the devices, carry out the necessary technical checks and fulfil any other obligation set forth by the Contract. The Client will be responsible for potential costs and indemnities related to delays in accepting the delivery. The latter is also responsible for any activities that may be required to access and set-up the installation areas, in compliance with the nature of the devices and technical specifications provided by the Client within a useful timing to comply with the planned installation date. Moreover, the Client is responsible for all the works of environmental, mechanical and electric character to be executed according to Welcome Italia’s indications and in compliance with laws on workplace safety (Legislative Decree 81/2008 and subsequent amendments and integrations, according to Italian law). At the end of the installation, Welcome Italia will execute the relative tests. Once the test is concluded with positive outcome, the Client will receive the instructions on how to use and operate the devices. The Service will be activated upon successful testing; moreover, the terms for invoicing and exploiting any restoring activities will be applicable from said date. Potential technical adaptations of the devices object of this article, that may be required in order to supply the Service, shall be performed exclusively by Welcome Italia at its care and expenses, or by a firm appointed by the latter. Any defects or failures of the equipment due to Client incompetence, tampering, negligence and/or carelessness in using or storing the same, are excluded on the above. In this case, Welcome Italia will replace or repair the devices upon payment, according to the applicable prices and conditions. Configuration changes to the installed solutions shall be requested exclusively to Welcome Italia, agreeing beforehand the relative contract conditions. Any transfers and/or relocations of the devices object of this contract shall be requested exclusively to Welcome Italia, which will charge the relative costs to the Client. Should the contract be terminated for any reason, the delivered devices will remain the property of Welcome Italia and shall be shipped via courier to Welcome Italia’s address, at the expenses of the latter (via authorised courier that will be notified) within 30 (thirty) days from resolution. In case of non-delivery, Welcome Italia will charge the cost of the devices and any relevant accessories. The Client has the duty to store and safeguard the devices under loan for use with due diligence, for the entire term of the Contract, and anyhow until they are returned. Therefore, the Client agrees to indemnify and hold harmless Welcome Italia from any loss, partially or fully due to the Client, involving the devices and for any damages caused to them.
It is agreed that, upon termination of the contract at any title, Welcome Italia will charge the residual instalments concerning activation fees as a lump-sum.
7. IP addresses
Welcome Italia will request the IP address number needed for each single Service for xDSL connections, to the competent Authority on behalf of the Client. In any case, Welcome Italia will remain the owner of said addresses. Any requests for additional IP addresses shall be forwarded to Welcome Italia and will be anyhow subordinated to the actual grant by the competent Authority. In case of resolution of the Agreement at any title, the Client shall immediately return the received addresses to Welcome Italia.
8. Client’s obligations in exploiting the services
Except for any other obligation set forth by law or the Contract, the Client agrees for the entire term of the Contract to:
a) use the Services in compliance with all applicable laws and regulations and not to use the Service to supply activities in breach with binding provisions on public order and morality or that may compromise the operation of Welcome Italia’s network;
b) abstain from transmitting, disclosing, distributing, transmit or publish, through the Services, information, scandalous, blasphemous, defamatory data and/or materials or that prejudice third party rights or in breach with sectors’ laws and regulations and not to allows third parties to use the Service for the aforementioned scopes;
c) do not breach through the Services or in domain registration requests, third party intellectual and industrial property rights, do not compromise or breach correspondence secrets and violate the privacy of other network’s users;
d) use the Services exclusively within the sphere of its activity and not to resell them to third parties;
e) keep with due diligence its codes and passwords, assuming consequent liabilities for improper and third party uses towards other Clients or Welcome Italia;
f) notify Welcome Italia any changes to its identification data (e.g. company name, address, telephone number) at least 5 (five) working days in advance, also in order to avoid Service suspensions or interruptions;
g) pay within deadlines, the fees agreed for the Services object of this Contract and any residual instalments of the activation fee in case of advanced resolution of the contract, in addition to deactivation costs.
9. Indemnities and Client’s liability
The Client will be directly liable towards Welcome Italia for any breaches of the obligations set forth by this Contract, hold harmless Welcome Italia from any prejudice, damage, liability, costs, also of legal nature, sustained or incurred by Welcome Italia, indemnifying the latter from any action, reason or claim brought forward by third parties as a consequence of the Client’s breaches or fault, or anyhow linked to its behaviours and/or omissions.
Welcome Italia shall not be liable for the contents of the Services offered by the Client to third parties, neither for transactions that take place through it; thus the Client holds harmless Welcome Italia from any liability in this regards, agreeing to refund the latter any damages or costs incurred as a consequence of actions or claims against it, promoted or brought forward in relation to the Services rendered by the Client through the Service. Welcome Italia shall not be liable – for such purpose the Client explicitly holds harmless Welcome Italia – for any breaches of third party intellectual and/or industrial property rights, committed by the Client through the use of the Service. Welcome Italia shall not be liable for activities and works executed according to the Client’s instructions and in compliance with the specifications provided by the latter.
Therefore, in case of activities that violate third party rights, not disclosed by the Client to Welcome Italia, the Client shall refund any damages also requested towards Welcome Italia. For said purpose, the Client holds harmless Welcome Italia from any third party claim related to the breach of their rights. The Client shall be deemed exclusively liable in case of use of network terminal or security devices lacking the homologation or authorisation set forth by law, or non-compliant with the indicated technical requirements or anyhow different from those provided by Welcome Italia. In case of improper use of the Services as set forth above, Welcome Italia can terminate this Contract pursuant to art. 1456 of the Italian Civil Code.
10. Fees and invoicing
The Client will pay to Welcome Italia for the rendered services, the fee set forth by this Contract and indicated in Vianova Manual and Offer, document submitted to the Client upon undersigning and published at www.welcomeitalia.it.
VAT set forth by law will be applied to all invoiced amounts. Upon undersigning, the Client has the faculty to request (and Welcome Italia to accept) the payment of the activation fee in instalments. The invoices for the Services are issued on a monthly basis and invoices of the monthly fee are issued in advance. Should a minimum taxable amount of 10 Euros not be reached, the invoice can be postponed to the following month. The invoices will be paid after 30 (thirty) days from the date of issue. Invoices are published in the Clients Area at www.welcomeitalia.it according to laws and can be printed in compliant copy or, upon request, sent to the Client in paper format without additional costs. Details on traffic will be available free of charge at www.welcomeitalia.it.
11. Payments, default interests and damage refund
The invoice shall be paid by the Client in full, according to the terms and methods indicated on the invoice, except charges specifically objected with a formal claim. In case of delay in paying non-objected amounts, Welcome Italia will charge default interests to the Client, without need for warning, based on the days of delay and equal to 0.04% of the amount not paid for each day of delay, and anyhow within the limits set forth by applicable laws.
In case of non-payment of the amount indicated on the invoice, Welcome Italia will request the refund of the costs incurred to recover any unpaid sums and a lump-sum fee of 40.00 (forty) Euros as indemnity, granted any additional damages such as assistance costs to recover the credits pursuant to art. 6 of Legislative Decree no. 192 of 2012 (according to Italian law). Should payment not be issued within the deadline, meaning 30 days after issuing of the invoice, Welcome Italia reserves the faculty to suspend the Services. Should the Client fail to issue payment within 15 (fifteen) days from suspension of the Services, the Contract shall be deemed terminated pursuant to art. 1454 of the Italian Civil Code, granted any other measures provided by law. In case the invoiced amounts are objected, the Client shall present a suitable claim according to the procedure set out in the Service Charter. During the claim procedure and until its resolution, Welcome Italia will not suspend the Service object of claim. The Client will pay immediately the due amounts (acceleration clause) in case it fails to pay even one instalment relative to fees or other lump-sums like the activation costs issued in instalments, authorising Welcome Italia to immediately request the payment of the entire sum. It is agreed that regardless of the reason for terminating the Contract, the Client shall pay all sums object of instalments in a single transaction.
Should the Client fail to pay the registration or annual cost to manage the domain, Welcome Italia, after 30 (thirty) days from the payment deadline set forth by the Contract, can request the official revocation of the domain and terminate the Contract, pursuant to art. 1456 of the Italian Civil Code, granted any additional measures set forth by law, by sending a registered letter with return receipt or certified email (PEC), indicating the intention to resort to the resolution clause.
12. Customer Service
Welcome Italia set-up a dedicated structure for technical assistance, able to support the Client in solving issues concerning the supply of Services. The Client can contact the Customer Service by phone at number 145 and also a technical department specialised in assistance services at the Client’s premises at the contact details and numbers indicated below.
13. Term, tacit renewal and withdrawal
Unless otherwise agreed, this Contract will be valid 12 (twelve) months for each single Service, starting from the activation date and will be tacitly renewed for 12 months and – so on – unless a withdrawal notice is transmitted via registered letter with return receipt or certified email, at least 30 (thirty) days prior to expiry. In case the withdrawal is in advance to the indicated or agreed deadline, Welcome Italia can request the refund of incurred costs, among which deactivation cost, and residual fees. Granted tacit renewal and cancellation procedures and times above indicated, Vianova 30+ contracts feature an initial term of 36 (thirty six) months and in case of advanced withdrawal, the Client shall pay all residual fees. The potential switch to another Operator will take place according to the timing provided by procedures applied to Operators and regulated by the Authority.
14. Notices of changes to services being provided
Welcome Italia can modify the technical specifications of the Services, update the fees and amend these General supply Conditions. Should said changes imply a price increase of the Services or are the Client’s disadvantage, these will be effective only after 30 (thirty) days from receipt of the relevant notice. The Client can withdraw from this Contract within said term, with immediate effect and without being charged any penalties, through registered letter with return receipt or certified email (PEC), in compliance with previous conditions until the date of efficacy of the withdrawal. After the term abovementioned has elapsed and in case an explicit acceptance is not provided, the changes will be implicitly accepted. Notification to the Client concerning this article shall be made in writing and transmitted with the invoices via fax or electronic document and will be deemed acknowledged if sent to the latest address notified by the Client to Welcome Italia.
15. Service restriction and suspension
Welcome Italia routes Voice and Data traffic on dedicated circuits, each of them configured with guaranteed and controlled bandwidth, and monitors the network status every 60 (sixty) seconds, warning the Client in advance about potential disservices.
In case Welcome Italia, when providing the Services, detects or verifies anomalous traffic volumes that are much higher than those foreseen according to the Client’s declarations or than volumes achieved in previous periods, can cautiously suspend the supply of services or request the constitution or integration of suitable guarantees.
Welcome Italia can introduce a maximum limit with regards to the size of the email messages and maximum number of messages transiting on its network, in order to protect the efficacy of the latter and avoid attacks that may compromise its operations.
Welcome Italia can suspend the supply of Services at any time, partially or completely, also without notice, in case of failures of the network or equipment required to provide the Services. The suspension of the Services operated by Welcome Italia for any reason, according to these contract conditions, shall anyhow allow using the emergency numbers and receiving calls, provided that it is technically possible.
The Client is informed that the IP telephone Service cannot be exploited in case of power shortage and the activation of the Service does not guarantee the functioning of additional Services, if any, provided by third parties who base their operation on the telephone line (e.g. alarms, remote assistance, etc.). In these scenario, the Client is also informed that the IP telephone service allows calling with a “Caller ID” that does not correspond to its actual location. Calls to emergency numbers can be subject to restrictions on their location.
16. Transfer of the Contract
Welcome Italia will be entitled to transfer this Contract or part of it to third parties, at any time. The Client cannot transfer the Contract to third parties without the previous written approval of Welcome Italia.
17. Claim and refund procedure
Refund requests and claims concerning invoicing shall be transmitted to Welcome Italia via registered letter with return receipt, certified email, email or fax number at 0584 4244.201 within 30 (thirty) days from receiving the invoice. If due, the refund will be paid within 30 (thirty) days after concluding suitable checks. The claim procedure is set out in the Service Charter at www.welcomeitalia.it.
18. Express termination clause
Welcome Italia will be entitled to terminate the Contract pursuant to art. 1456 of the Italian Civil code, by simply transmitting a registered letter with return receipt or certified email, in case of non-payment of the invoices after the deadline, in case of breach of the obligations set forth by art. 8 and in case one of the scenarios under art. 5 occur. If the contract is terminated, the Client shall pay to Welcome Italia the fees accrued until the date of resolution, granted Welcome Italia’s right to be refunded of greater damages.
19. Limits of liability and force majeure
Welcome Italia ensures a suitably satisfactory level of the Services and hardware and software devices provided to the Client and agrees to comply general and specific standards set out in the Service Charter. It is anyhow agreed that Welcome Italia shall not be deemed liable for the use of hardware devices, network terminal devices and application software provided to the Client, in addition to direct/indirect damages caused to the Client and/or third parties, including personal damages to the Client in view of an improper or negligent use of the devices or for other causes not ascribable to Welcome Italia. Moreover, Welcome Italia shall not be liable for maintenance and assistance activities on the devices, required for the proper operation of the Services, unless rented to the Client by the same. Welcome Italia shall not be liable for interruptions, delays and malfunctioning in supplying the Services due to Client’s non-compliance with applicable laws or regulations, including those concerning security, fire and accident prevention. Welcome Italia shall not be liable towards the Client nor other subjects related directly or indirectly to the latter, for damages, lack of savings, losses or costs sustained as a consequence of Service suspensions or interruptions due to change requests of the Service profile, transformations or transfers of the line supporting the Services, force majeure or accidents, granted binding provisions set forth by law. In case of Welcome Italia’s liability and failure to comply with quality standards, the Client will be entitled to the indemnities provided in the Service Charter and anyhow, in compliance with applicable laws.
20. Off-premises contracts and distance contracts
Should the Contract be an off-premises contract, the Client, pursuant to art. 52 of the Italian Legislative Decree 205/2006 (Consumer Code) can withdraw from it through notice sent via registered letter with return receipt within 14 (fourteen) days from undersigning this Contract. In this case, Welcome Italia can request the Client the fees for activation of Service and its exploitation. Should the Contract be a distance contract, as defined in the Italian Consumer Code and Authority’s resolution no. 664/06/Cons, the Client can withdraw from it without penalty by sending a registered letter with return receipt to Welcome Italia within 10 (ten) working days starting from the day the Contract is stipulated with regards to the Services, and for goods, from the day on which the Client has received them. For anything else not specifically provided herein, reference is made to applicable laws on the subject.
21. Applicable law, termination, disputes and competent court
Italian laws are applied to this Contract. Clients who claim breaches to any of their rights or interest in force of this Contract or of telecommunication laws issued by the Authority for Communication Guarantees and who intend to bring a lawsuit, shall previously try a compulsory out-of-court settlement attempt before the Regional Telecommunication Committees or other qualified body. The terms to act out-of-court are suspended during the conciliation attempt until the end of the proceeding.
In case of negative outcome, the Client can request the Authority, the Regional Telecommunication Committee or other competent body to define the dispute with a binding decision. Any dispute concerning the interpretation and execution of this Contract and in case of in-court appeal, shall be devolved exclusively to the Court of Lucca.
22. Interpretation and final provisions
The Contract will be binding between the Parties and for their successors or parties entitled. The Contract, including enclosed documents that form an integral and substantial part of it, contains the full understanding of the Parties on the subject and replaces any previous accord or understanding whether oral or written, previously reached by the Parties. For anything else not specifically set out in this Contract, reference is made to applicable laws.
23. Communications and contact references
Any notice concerning the execution of this Contract sent by the Client to Welcome Italia shall be addressed by mail to Welcome Italia – Customer Service – via Montramito 431 – 55054 Massarosa (LU), by certified email firstname.lastname@example.org, by fax 0584 4244.201 or at email@example.com. Welcome Italia will transmit any notice to the addresses indicated by the Client in the Contract heading.
24. Waiver and Privacy
In compliance with art. 13 of the Italian Legislative Decree 196/2003, Welcome Italia provides written notice to Client about:
a) Processing scope:
- stipulation and execution of the contract or fulfilment of related obligation provided by laws or regulations;
- elaborate studies and statistic and market researches; disclose and/or transmit, also through automatic methods, advertising, informative material and commercial information by phone, SMS, email, fax; transmit interactive commercial notices; carry out enquiries, surveys and questionnaires on customer satisfaction concerning the service quality, also through telephone interviews; promote added-value electronic communication services;
- identify, also through electronic processing, habits and consumer choices, in particular traffic consumptions, in order to improve the supplied service, satisfy specific needs through advantageous promotions and propose new Welcome Italia’s services and products;
b) Data communication. Data can be disclosed within Welcome Italia to subjects executing activities related to the Services offered by Welcome Italia and also disclosed to third parties (e.g. banks, consulting firms, agents, technical partners) in order to be protected against credit risk, for market researches, economic and statistic analyses, information, advertising, Service installation and activation. The sphere of data disclosure will be strictly limited to the execution of the appointment conferred by us to the abovementioned third parties.
c) Type of data. Certain data is required in order to stipulate the contract or extend an existing one, while certain data is not required for the above purposes. In the first case, it is compulsory to confer data, while in the second case it is optional. Data shall be conferred if provided by law or when it is required for organisational needs to provide the Services. Welcome Italia deems essential the following data: company name, company legal form, legal address, operational address, any premises, share capital, telephone and fax numbers, quantity and type of telephone and/or data transmission lines, email address, legal representative, role, technical-sale contact person, tax code, VAT number, EAI number and bank references (bank details, account number, correspondent bank). Should the above data not be provided, the contract cannot be stipulated, concluded or anyhow continued.
Welcome Italia deems optional data, any information other than the abovementioned.
d) Processing method. Data will be processed in paper and electronic and/or automated mode, directly and/or through third parties for protecting against the credit risk to conduct market researches, for economic and statistic analyses, information and advertising, transmission of informative material and Service activation. Data can be processed, organised in databases and stored according to the timing and scopes provided by law.
e) Data controller. The data controller is Welcome Italia spa – via Montramito 431 – 55054 Massarosa (LU).
f) Data processor: The data processor is the manager of BU Organization at Welcome Italia spa (email: firstname.lastname@example.org). The Client can exercise his rights at any time towards the Data controller or Manager, pursuant to art. 7 of Legislative Decree 196/2003 (according to Italian law).
25. Safety Policy
Website www.welcomeitalia.it, in compliance with Italian Legislative Decree 81/2008 and subsequent amendments, indicates the operational methods implemented to execute installation and assistance works at Clients’ premises.
26. Vianova Cloud service
The object of the service consists in the supply of Vianova Cloud Service by Welcome Italia to the Client, meaning the concession for use to the Client of part of the storage and processing capacity of physical servers featuring operating system, installed at Welcome Italia’s Server Farm, hosting the Client’s software and data and that can be independently managed, herein referred to as Service. The specific service conditions are as follows:
a) Supply conditions of the Service. The technical and economic characteristics of the Service and Client’s operational supply and exploitation methods are described in documents “Vianova Manual and Offer” and “Vianova Seat”. The Service is supplied through customisable and scalable solutions indicated in Vianova Offer. The choice of the most suitable configuration type according to the needs and operating system (e.g. Linux or Windows) is made exclusively by the Client who assumes the relevant responsibility. Welcome Italia agrees to use state-of-the-art technology and the best resources available to provide the Service and ensure the proper operation of the network devices to connect to Internet. The Service will be available 24 hours a day, 7 days a week during the undersigned period, excluding any suspensions due to maintenance. Service interruptions may occur in case Welcome Italia decides to carry out programmed interventions or replace hardware devices, which will be previously notified to the Client at least 24 hours in advance. For these interruptions, Welcome Italia shall be not liable to pay any indemnity to the Client. Welcome Italia agrees to promptly notify the Client in case of extraordinary failures.
b) Insurance. The hardware hosting the Client is not covered by any insurance for all consequences related to malfunctioning such as for example, loss of data or viruses. Therefore, the Client shall be exclusively responsible to insure the software and installed contents. In case of hardware fault not ascribable to the Client, Welcome Italia shall be exclusively responsible for repairs or replacements within the warranty limits granted to Welcome Italia by the hardware manufacturer. The Client, should he be interested in covering risks deriving from hardware or software malfunctioning or failure, shall independently stipulate a suitable insurance, assuming any fee or cost. The hardware hosting the Service benefits of the technical assistance offered by manufacturers, according to the terms and methods indicated by the latter. Welcome Italia will not be liable for any other assistance. No hardware interventions can be executed on the assigned machine.
c) Login codes. Welcome Italia will supply to the Clients the codes to login the Service at administrator level. The Client shall modify said codes upon the first login and keep them with strict confidence, therefore he is responsible for any damage caused to himself, to Welcome Italia or to other Service Clients, in case third parties become knowledgeable of said codes due to negligent behaviours.
d) Prohibition to sub-lease. The Client agrees under his liability, not to transfer the Service rental to third parties at any title and respect and enforce Welcome Italia’s rights on the Service.
e) Software. The Client is responsible for any damage caused to himself, to Welcome Italia or to other Clients from the inappropriate installation of software or non-licensed or harmful software or from the execution or development of harmful software. Welcome Italia reserves the right to suspend the Service to the Client at any time without notice in case the software installed by the latter harm or decrease the security level or are exploited for illegal actions.
f) Change of the selected configuration. The Client can choose a different Service configuration at any time (RAM, disc space, internet bandwidth, etc.) in complete autonomy.
g) Server Farm. The Service servers are located in the Server Farm of Welcome Italia which reserves the faculty to transfer the equipment object of this Service to another more appropriate location at its discretion, by notifying the Client in advance.
h) Client’s obligations, prohibitions and responsibilities. The Client agrees to:
exploit the Service only for legal uses, with prohibition for example, a) to publish material in breach with intellectual property rights, business secrets, trademarks, patents or other legal or customary laws; b) features contents against morals and public order in order to disturb private or public peace, cause offence or direct or indirect damage to anybody; c) pedo-pornographic content d) suitable to violate or attempt violating the privacy of private messages or aimed at compromising the integrity of third party resources or cause direct or indirect damage to anybody (software without license, cracks, key generators, serials, virus, worm, trojan horse or other detrimental components); e) suitable for spamming or equivalent actions; make sure that the personal data disclosed for the full execution of the Service is correct, updated, truthful and allow identifying him; indemnify and hold harmless Welcome Italia from any liability in case of claims, legal, administrative or judicial actions, losses or damages (including legal costs) sustained from the illegal use of the service by the Client;
comply with potential technical instructions gave by Welcome Italia concerning the use of the hardware and software for its proper and correct exploitation;
recognize to be the only party liable for the activities carried out through the Service or referred to him directly or indirectly, in particular be responsible for contents advertised, published or transmitted with the Service.
Welcome Italia reserves the right to suspend the Service, by promptly notification to the Client, at its discretion or upon third party’s notification, deems that the Client performs activities in breach with the obligations set forth by this article, or for safety or privacy reasons. In this case, after being notified by Welcome Italia even by email, the Client shall immediately eliminate the reasons for the claim or provide suitable documentation proving that the activity exercised complies with applicable laws. In case no feedback is promptly received, Welcome Italia will be entitled to immediately terminate the contract, granted the right to receive full payment of the Service fee and Welcome Italia’s right to bring forward any action to obtain an indemnity for the damages suffered.
i) Limitation of liability. The Client acknowledges and accepts that the knowledge of his login codes by third party could allow the latter to illegally exploit the Service in his name and access to his programs and data. Therefore he agrees to store and use said codes with strict confidence and due diligence. He shall be liable for any damage suffered by Welcome Italia or third parties due to the non-compliance with the afore-cited clauses. The Client also agrees to promptly notify Welcome Italia in writing any theft, loss or misplacement of login codes. Under no circumstance Welcome Italia shall be liable for direct or indirect damages:
caused to Service users due to improper use of the Service or non-compliance with rules and obligations set forth by these contract conditions; events outside its reasonable control and not directly ascribable to the same, such as: a) events of force majeure; b) events ascribable to third parties, such as interruption or malfunctioning of services of telecommunication operators or electric lines c) disservice of devices or other communication systems used by the Client.
Welcome Italia shall also be relieved from any liability in case of destruction, loss, theft, damage or deterioration of the hardware or software also partial, due to any case other than its serious fault. Nonetheless, the Client agrees to indemnify and hold harmless Welcome Italia from any claim brought forward by third parties towards them for the aforementioned damages. Welcome Italia, with suitable notice, can also at its discretion and for planned interventions, modify or review the Service functions or characteristics for technical reasons, ensuring anyhow suitable operation.
l) Term and withdrawal. The Service term is indicated in the offer and can be equal to or less than the term provided in the undersigned Vianova Offer, which features Vianova Cloud as additional Service. In case of termination of the contract with Welcome Italia or Service cancellation, in addition to the deactivation of the Service functions, all data and materials input by the Client and available on Welcome Italia’s server will be deleted without any liability for Welcome Italia to retain or save the same. Therefore the Client shall be responsible to save the data on a different support before the agreed expiry.
27. Certified email service
The following specific contract conditions, together with the Operating Manual compiled by the Provider and published at http://kb.aruba.it/KB/a4720/manuale-pec.aspx, regulate the methods and terms according to which Welcome Italia grants the certified email service to the Client for use, managed by Aruba PEC Spa, featuring the technical and economic characteristics indicated in Welcome Italia’s Sales Offer and as set out in the Provider’s Operating Manual:
- Welcome Italia: subject that, in force of an independent agreement stipulated with certified email provider Aruba PEC spa, registered in the public list of Providers held at CNIPA, is authorised to grant the certified email service in use to third parties and entitled to issue invoice towards the Client for the service offered to the latter;
- Client: subject to whom Welcome Italia grants the use of the single certified email box, activated with certified email Service;
- Provider: Aruba PEC spa (VAT no. 01879020517);
- PEC: Posta Elettronica Certificata (Certified email);
- PEC Service: Certified email Service;
- PEC domain: Certified Email domain;
- PEC box: Certified email box defined within a PEC domain to which a “transfer” system of electronic documents is associated, featuring similar properties as the “traditional” email service, but characterised by additional features such to provide to users the legal proof of transmission and delivery (potential) of email messages to the recipien
- CNIPA: Centro Nazionale per l’Informatica nella Pubblica Amministrazione, today called DigitPA pursuant to Italian Legislative Decree no. 177/2009
- Amendments to the supply conditions of the service. Welcome Italia reserves the right to fully manage the PEC service, taking over Aruba PEC spa, upon becoming PEC certified provider, by giving written notice to the Client. In case of amendments to these Specific Conditions by Welcome Italia, said changes shall be notified to the Client in writing and applied after 30 (thirty) days from the date of their notice. Within said term, the Client can exercise the faculty to withdraw from the service through written notice sent via certified email (PEC) at email@example.com. Should the Client not exercise his right of withdrawal within the terms and methods described above, the changes will be deemed finally known and accepted by the latter and will be effective after the afore-cited term of 30 (thirty) days.
- Requirements. The Client shall independently equip himself of hardware and software resources required to exploit the PEC service, assuming any liability for their function and compatibility with the abovementioned service, and their proper configuration.
- Documentation. The PEC service can be activated when the PEC registration form and declaration are received, signed in original copy, with attached a valid identity document. Welcome Italia reserves the right not to activate the service in case the signature featuring on the documentation is not consistent with the signature on the enclosed identity document.
- Obligations, prohibitions and responsibilities of the PEC box holder. The Client agrees to:
- indemnify and anyhow hold harmless Welcome Italia from any liability concerning the contents of messages and all information published on internet;
- exploit the service only for legal purposes, refraining for example to send, transmit and/or share material: that violates or breaches intellectual property rights, business secrets, trademarks, patents or other legal or customary rights; b) with contents against moral and public order with the purpose to disturb public and/or private peace, cause offence or direct or indirect damage to any third party; c) pedo-pornographic, pornographic or obscene content or anyhow against public moral; d) suitable to violate or attempt violating the privacy of private messages or aimed at compromising the integrity of third party resources or cause direct or indirect damage to anybody (software without license, cracks, key generators, serials, virus, worm, trojan horse or other detrimental components); e) suitable for spamming or equivalent actions;
- make sure that the personal data disclosed for the full execution of the Service is correct, updated, truthful and allow identifying him;
- indemnify and hold harmless the Provider and Welcome Italia from any liability in case of claims, legal, administrative or judicial actions, losses or damages (including legal costs) sustained from the illegal use of the services by the User.
- Limits of liability. The Client acknowledges and accepts that the knowledge of his login password by third party could allow the latter to illegally exploit the services in his name and access his email box. Therefore he agrees to store and use said password with strict confidence and due diligence. He shall be liable for any damage suffered by the Provider and Welcome Italia and/or third parties due to the non-compliance with the afore-cited clauses. The Client also agrees to promptly notify Welcome Italia in writing any theft, loss or misplacement of login codes. Under no circumstances, Welcome Italia and the Manager shall be deemed liable for direct or indirect damages:
- suffered by anybody following the non-authorised publication of texts by third parties;
- input by Clients who hold PEC boxes;
- caused to service users for improper use of the system or failure to comply with the rules and obligations set forth by these contract conditions;
- due to events of force majeure, accidents, catastrophic events (for example but not limitedly to: fires, earthquakes, explosions, etc.);
- caused by the content of messages sent and received through the PEC service, granted any civil and liability of contents sent via PEC;
- of any type, sustained by anybody due to an improper use of the login password;
- of any nature and entity sustained by the Client and/or third parties caused by tampering or interventions on the service or devices executed by Clients and/or third parties not authorised by Welcome Italia.
- Nonetheless, the Client agrees to indemnify and hold harmless the Provider and Welcome Italia from any claim brought forward by third parties towards them for the aforementioned damages. Granted the above, the Client acknowledges anyhow and explicitly accepts that for any type of damage derived from the use of the PEC service, excluded cases of intent or gross negligent, Welcome Italia’s liability will be limited to the fee paid and/or due for the single box, pursuant to the contract terms. Any objection by the Client shall be notified to Welcome Italia, under penalty of invalidity, within 15 days from the date of the event, through certified email.
- Traffic data. The Client acknowledges that, pursuant to laws on PEC, Italian Presidential Decree 68/2005 art. 11, the message logs will be stored by the Provider for at least 30 (thirty) months. Therefore the Client can request a copy of said logs within said term, after which the possibility to obtain such documentation is no longer guaranteed. Any other logs generated and stored by the Provider will be shown in compliance with applicable laws and will represent the full and legal evidence of facts and acts committed by the same Client.
8. Changes to data. Any change concerning personal data shall take place by sending a written notice to Welcome Italia. Welcome Italia cannot execute the changes in lack of said notice. In order to change the box Holder, the transferor and transferee shall transmit a suitable declaration undersigned by both parties, in which they explicitly authorise Welcome Italia to provide the login information to the boxes and relevant contents, to the new holder. Welcome Italia cannot execute the changes in lack of said notice. The new Holder of PEC boxes shall transmit the documents set forth by previous point 5 according to the methods specified therein. The new box holder shall modify the password upon the first login, relieving since now Welcome Italia from any liability in case of illicit use of said codes by non-authorised third parties. In case of death of the PEC domain and/or PEC box holder, the heirs can request within 60 (sixty) days from the death, the disclosure of the Service password, after providing to Welcome Italia the documentation certifying their qualification and any other additional document set forth by point 5. In any event of change of the PEC box Holder, the transferee or party entitled will take over the rights and obligations of the deceased.
- Term and withdrawal. The PEC service will feature the same term as the undersigned Vianova agreement, of which the PEC box constitutes an additional service. The Client can withdraw from the service by transmitting a cancellation notice to Welcome Italia via certified email from his certified email address to PEC box firstname.lastname@example.org, 30 (thirty) days in advance. It is agreed that in case of resolution of the agreement, the PEC boxes activated on domain pec.wmail.it will no longer be granted in use by Welcome Italia and will be deactivated.
28. Domain service
The object of the service consists in the supply of the Domain Service by Welcome Italia to the Client, meaning registration, transferring and hosting of internet domains requested by the Client, herein after referred to as Service. The specific supply conditions are as follows:
- Supply conditions of the Service. The technical and economic features of the Service are described in “Vianova Manual and Offer”. The rules and requirements to assign top level domains (in brief “TLD”) are set forth by competent bodies. For example, the conditions set forth by Registro.it are applied for Italian domains, which can be consulted at http://www.nic.it/documenti/regolamenti-e-linee-guida/regolamento-assegnazione-e-gestione-nomi-a-dominio.pdf. Welcome Italia acts as mediator between the Client and the body that assigns the TLD, without influencing in any way, the allocation of domains.
- Documentation. The Service is activated when the “Domain” form signed by the Client is received, with the properties indicated thereto.
- Client’s obligations, prohibitions and responsibilities. The Client agrees to:
- guarantee that the personal data disclosed to execute the Service is correct, updated and truthful;
- immediately notify Welcome Italia any change to the disclosed data;
- consult rules and requirements set forth by the body that allocates TLDs. This applies in particular to authorisations, licenses, other permits or clearances by public supervisory or control bodies and similar.
Should the above provisions be breached, Welcome Italia reserves the right to suspend the Service. In this case, after being notified by Welcome Italia even by email, the Client shall immediately eliminate the reasons for the claim or provide suitable documentation proving full compliance with applicable laws.
- Term and withdrawal. The Service has a term of one year and will be automatically renewed upon expiry for the same period of validity of the undersigned Vianova agreement. In case of termination of the agreement or Service cancellation, Welcome Italia will transmit the request to release the domain to the competent body; afterwards, the domain will be again available to any third parties.
- Privacy. The Client is entitled to publish the data of the Domain Holder by interrogating Whois, indicating the choice in the relative section of the “Domain” form. In case the privacy box is selected, certain data deemed compulsory by the body assigning the TLD will be anyhow visible when interrogating Whois.
29. Vianova IP Centrex service
The object of the service consists in providing Vianova IP Centrex service as described in document “Vianova Manual and Offer”. The specific supply conditions are as follows:
- Supply conditions of the Service. The technical and economic characteristics of the Service and Client’s operational supply and exploitation methods are described in documents “Vianova Manual and offer” and “Vianova Seat”. The service is offered pursuant to the supply agreement with minimum period of validity of 24 months, and includes the necessary devices and terminals granted in loan for use. The service is intended exclusively to Clients having a VIANOVA agreement with Welcome Italia, therefore the termination or resolution of the above-mentioned supply for any reason, will imply the termination and resolution of this supply agreement of Vianova IP Centrex Service.
- Insurance. The devices are not covered by any insurance. Welcome Italia shall be exclusively responsible for repairs or replacements within the warranty limits granted to Welcome Italia by the hardware manufacturer.
- Prohibition to sub-lease. The Client agrees under his liability, not to transfer the Service to third parties at any title and respect and enforce Welcome Italia’s rights on the Service.
- Client’s obligations, prohibitions and responsibilities. The Client agrees to:
- use the service only for legal purposes;
- store and keep with due diligence, the devices and accessories under loan for use for the entire term of the Contract, and anyhow until they are returned;
- not to execute any alterations and/or interventions directly or through staff not explicitly authorised by Welcome Italia, on the Devices held under loan for use;
- refund Welcome Italia for any loss and damages caused to the Devices;
- return at his expenses, within 30 days from the termination of the Contract at any title, the devices held under loan for use owned by Welcome Italia, by shipping them via courier at the Client’s expenses, in via di Montramito 431 -55054 Massarosa (LU), relieving Welcome Italia to restore the premises or execute similar duties which will remain the Client’s responsibility. In case of non-delivery, Welcome Italia will charge the cost of the devices and any relative accessories;
- comply with instructions imparted by Welcome Italia or authorised subjects concerning the use of devices;
- acknowledge to be the only party liable for the activities executed through the Service, or referred to him directly or indirectly.
The Client is liable for the alteration, destruction, decay, loss, theft and in general impossibility to use the Devices granted under loan for use, from the date on which these are delivered. The Client, should he be interested in covering said risks, shall independently stipulate a suitable insurance, assuming any fee or cost.
- Limitations. The IP technology allows calling with a Caller ID that does not correspond to its actual location. Calls to emergency numbers are therefore subject to restrictions on their location. For any other aspect not explicitly recalled in this article, refer to section “limitations” concerning Vianova IP Centrex service set forth by “Vianova Manual and Offer”.
- Term and withdrawal. The minimum term of the contract is 24 months and in any case, the term of the service cannot be less than the period provided in the undersigned Vianova Offer, which features Vianova IP Centrex as additional Service. With regards to withdrawal procedures, refer to the General supply conditions set forth by Vianova Manual and Offer.
- Technical Assistance. The technical assistance services object of this agreement explicitly includes the following tasks:
- replacement of faulty parts;
- telephone help desk service;
- remote assistance on devices;
- immediate on-site technical assistance in case of blocking fault, which will be executed within maximum 8 working hours after notification of failure, unless otherwise agreed with the Client;
- on-site technical assistance in case of non-blocking fault, which will be executed within maximum 24 working hours after notification of failure, unless otherwise agreed with the Client;
- on-site repairs of faults on devices and replacement of parts that cannot be restored;
- tests and checks required to restore the system’s operation.
All services not explicitly indicated in the above list are excluded from the technical assistance service included in Vianova fee.
The Client agrees to notify all technical assistance requests to Welcome Italia by calling the Customer Service number or sending a request to email email@example.com and he also agrees to pay on a regular basis, the fees set forth by Vianova contract, provided that failure to settle the monthly fees will imply the suspension of the technical assistance services object of this agreement.
Welcome Italia will be relieved from any assistance responsibility and duty in case of repairs, interventions or alterations by subjects other than Welcome Italia’s or the Business Partner’s technicians.
This agreement does not include costs sustained by Welcome Italia and the Business Partner, which will be regularly invoiced, linked to interventions caused by the following circumstances:
- improper use of devices;
- carelessness, negligence, intent by the operators using the devices (Client’s or third party’s employees or collaborators);
- over or under voltage caused by grid malfunctioning;
- anomalous operating conditions determined by intentional overloads or tests or similar causes;
- non-compliance with technical-environmental operating rules;
- execution of changes to the devices, installation and dismantling of the devices and related services; transfer operations of the devices;
- events of force majeure, such as strikes, riots, revolutions, wars, explosions, natural calamities, flooding and earthquakes.