Conditions & Terms
SERVICE PROVISION AGREEMENT
Everything stated in this section is understood to be accepted with the signing of the quote by the user. The following terms and conditions regulate the provision to customers of the services described on the website: https://www.webspacesite.co.uk and provided by the company Web Space Site, with registered office in Cantù, Via Fiammenghini – 22063, which stipulates the following:
The recitals and annexes form an integral and substantial part of this contract. The general terms and conditions of the contract govern – together with the special conditions set out in the “order confirmation” in which the terms and conditions of service, technical characteristics and payment fees are specifically described and identified – the relationship for the provision of main and ancillary services.
All technical and computer terms and concepts used in this contract are understood to be known to the parties. For information purposes, the following terms are specified: – Account: an account is composed of a user ID and a password that serves to uniquely identify the user of the service; – Back-up: a back-up copy of a hard disk, a series of folders, some files or a CD made on a memory other than the original; . Browser: software for surfing the Internet; – Bug tracker: web interface for reporting technical problems; – FAQ: document of frequently asked questions; – Link: in hypertext, it is a link to another document or site; – Netiquette: indicates the unwritten code of good manners on the Internet; – Network: system of computers connected to each other; – Newsgroup: particular area of the internet, in the Usenet network, where users discuss a variety of topics; – Password: password consisting of alphanumeric characters; – Server: computer or programme that provides services to users; – Spam: sending unwanted electronic mail; – Usenet: telematic network where particular servers work to collect and forward messages on Newsgroups; – UserId: identifier of the service user; – URL (Uniform Resource Locator): standard method of communicating with a server on the network and passing addresses to it to reach a web page; – Web hosting or simply Hosting: represents a way of making one or more websites public on the net; it is a given amount of space on the hard disk of an internet server on which to store web pages; – World Wide Web (or simply web): a worldwide web that allows with special navigation programmes called browsers to move from one site to another with a simple click of the mouse on the links (links) within a web page.
Art.3.1 Web Space Site with VAT no. 03916450137, with registered office in Cantù, via fiammenghini 34, Como, Italy, against the payment envisaged in relation to the type of service, as published on its website, provides the creation of websites and the purchase of domains from third parties in compliance with the rules and procedures established by the Italian Registration Authority, hard disk space for the management of World Wide Web “WWW” sites or other data accessible via the Internet telecommunications network. For each type of hosting service, the technical conditions are described and published on the supplier’s web page indicated below: https://www.webspacesite.co.uk and its subsections. The customer acknowledges and takes note that these realisations are the property of the customer who, having purchased the website/e-commerce creation service, becomes its owner to all intents and purposes.
4.1. The contract is concluded when the supplier receives the order confirmation by signing the quotation. The quotation becomes a contract in which the customer accepts the contractual conditions by signing it. The user warrants that the personal information given in the order confirmation is up-to-date, complete and true. The user also undertakes to promptly notify any changes to his data so that they are constantly updated, complete and true. 4.3. The user agrees and acknowledges that – should the user provide false, inaccurate, out-of-date or incomplete information, or should the supplier consider, based on its own discretion, that the information provided is false, inaccurate, out-of-date or incomplete – the supplier shall have the right to make the effectiveness of the contract dependent on the verification of this data, notifying the customer of this by e-mail. Following the conclusion of the contract, the user agrees and acknowledges that – should the supplier become aware that the information provided is false, inaccurate, not current or incomplete – the supplier shall also have the right to make use of the right set out in Article 19 (termination of the contract), in addition to suspending the service. 4.4. The user declares that he is of legal age and has the basic technical knowledge to use the requested service.
5.1. The parties agree that the contract shall become effective subject to the client making full payment of the sum due for the work, which shall be paid in full when the estimate is signed.
5.2. The supplier undertakes to activate the service when it has been agreed between the parties, all after the subsequent payment of the amount due, notifying the customer of this by e-mail. The customer is the sole and personal owner of the service, as well as of any prejudicial consequences that may fall on the supplier and third parties, and this with reference to current Italian civil and criminal law and, to the extent applicable, foreign law. 6.3. The user undertakes to: a) not to interfere with or interrupt the service and not to act contrary to any requirement, procedure or rule of the service; b) not to use the service for illegal purposes or against public order, morality and decency c) not to use the service to transmit or disseminate (even by means of links) illicit, pornographic, racist, invasive of privacy and/or in any case obscene, vulgar, defamatory or abusive material; d) not to transmit material and/or messages that encourage third parties to engage in illicit and/or criminal conduct liable to criminal or civil liability e) observe, and ensure that any persons using the service observe, all regulations, directives and network procedures connected with the service itself; f) not create headings or in any other way manipulate distinctive signs or indications in order to counterfeit the origin of a content of the service or the service itself Antonio” as well as any other form of unauthorised solicitation towards discussion groups on the Usenet (so-called “newsgroups”) and/or addresses of users who have no relationship with the sender.
5.3. The provider is exempt from any form of liability arising from the loss or deletion of data (texts, pictures and any other form of digital document) of the customer.
6.1 The parties agree that the remuneration for setting up the website shall be that determined in the quote confirmation. The payment of this remuneration shall be made in a lump sum in advance, unless otherwise agreed, through the form of payment chosen in the order confirmation itself. VAT shall be added to all fees.
6.2. The parties agree that the contract shall have the agreed duration, which shall run from the signing of the estimate for the service as set out in Art.
6.3. The customer acknowledges and takes note that the supplier reserves the right to change and update the service fee, notifying the customer thereof by e-mail at least 10 days before the due date.
6.4. The parties therefore agree that such changes in remuneration shall be applied at the time of delivery, if any.
6.5. The supplier also reserves the right to make changes to these general terms and conditions by notifying the customer by e-mail and also by updating the new contractual text on its web pages: https://www.webspacesite.co.uk and its subsections. The parties agree that these changes shall be applied at the time of any renewal of the contract, without prejudice to the customer’s right to terminate the contract pursuant to Article 6.5. above; failing which the customer hereby declares his acceptance of the new general terms and conditions.
7.1. The supplier undertakes to process the website and deliver it.
7.2. The supplier will provide technical support limited to the type of service requested by the customer by means of an FAQ support on his website or by means of a bug tracker service, or by e-mail notification to the mailbox info@webspacesite.co.uk. The supplier will never contact the user to ask for confidential information. Any such request by a third party shall be regarded as an infringement of confidentiality and may be reported to info@webspacesite.co.uk.
7.3. At the end of the contract, the supplier shall hand over the website and anything else agreed in the quote.
7.1. If on the due date for customer-related reasons the work is still not delivered (indecision in the project, or lack of supply of material to the supplier by the customer) in this case the due date is not the fault of the vendor.
8.1 The customer may not in any way or form assign the contract, even partially, to a third party.
9.1. The parties agree that the customer may unilaterally withdraw from the contract pursuant to Art. 1373 of the Civil Code by written notice to the supplier sent by registered letter with acknowledgement of receipt.
13.2. Peraltro, le parti concordano che, qualora il cliente eserciti detta facoltà, il fornitore avrà diritto a trattenere l’intero importo versato dal cliente a titolo di corrispettivo annuale del servizio che s’intenderà imputato quale corrispettivo del recesso anche se i lavori non siano ancora stati iniziati.
10. 1 The user acknowledges and agrees that the supplier shall under no circumstances be liable to the user or to third parties for any delay or failure to fulfil its obligations due to unforeseeable circumstances or force majeure such as, but not limited to, actions of public authorities, floods, fires, thefts, explosions, accidents, strikes and lockouts, including non-company strikes, acts of war, embargoes, transport impossibilities telecommunication suspensions or problems, lightning, plant failures not attributable to the supplier, interruptions or overloading of energy flows, failures or interruptions of telephone lines attributable to the activity of the operator (or concessionaire) of the lines themselves, as well as interruptions or suspensions not attributable to or in any case independent of the supplier’s will or deriving from third party suppliers of the supplier.
11.1 The user acknowledges that the provider has no control over the content of the page and/or website that is the subject of the service. The user therefore acknowledges and agrees that the provider can in no way be held liable for the service not being used or the failure or malfunctioning of the material owned by the user. The user acknowledges and expressly agrees that the use of the service and the dissemination and storage of information obtained or granted through the service is carried out at the user’s own and exclusive risk and that the user is solely and exclusively responsible for any damage to his or her own computer or loss of data resulting from the use of the service. The user declares that he/she has read the characteristics of the type of service chosen in the order confirmation as better described on the web page https://www.webspacesite.co.uk. The user acknowledges and agrees that the provider does not provide any type of guarantee, either express or implied, of merchantability, compatibility or suitability for a particular purpose of the user or of a third party and, furthermore, does not provide any guarantee that the service corresponds to the user’s requirements and needs. The user acknowledges and agrees that the provider does not provide any guarantee to the user regarding the results that may be obtained from the use of the service, regarding any errors in the components of the website and the service or regarding the reliability of any information obtained by the user through the service. Therefore, the provider cannot be held liable for any direct and/or indirect damage resulting from the use of the service or from the interruption of the operation of the service. The supplier does not provide any guarantee with regard to the quality of the materials, goods or services sold, purchased or otherwise obtained by the user via the website created by the supplier or as a result of any transactions carried out via the service. The provisions of this clause shall remain valid even after the expiry of the contract.
12.1 The supplier shall in no way be liable for any damage caused by the user and resulting from violations of the provisions of Article 6. In the event of non-compliance with the foregoing provisions by a legal entity, the user shall also be liable for the actions of those who have had access to the customer’s computers such as, but not limited to, its employees, agents, representatives, etc. The user nevertheless undertakes to fully indemnify and hold harmless the supplier as well as any entities connected to or controlled by it, its representatives, employees or auxiliaries from any civil or criminal liability arising from the unlawful, improper or abnormal use of the website. In any event, the user undertakes to fully indemnify and hold harmless the supplier from any and all claims, including claims for damages, brought against the supplier as a result of the user’s conduct, and this in the event that the supplier provides (or has provided), even in good faith, to return the sum paid by the user for the service less the sum equal to the amount corresponding to the service actually enjoyed.
13.1 Without prejudice to the preceding articles, the user acknowledges and accepts that the supplier shall in no case be liable – neither contractually nor non-contractually – to the user (or to third parties) for any type of direct or indirect damage, including damage relating to loss of profits, goodwill or loss of data, even if the supplier has been warned (in writing or verbally) of the possible occurrence of such damage. By way of example but not limited to, the supplier shall not be liable for damages connected with or arising from a) the use, misuse or inability to use the service attributable to the customer; b) the cost of replacement services in respect of the purchased service; c) any modification, suspension or interruption of the service as referred to in Articles 7 and 11; d) unauthorised access to or alteration of transmissions and/or data of the user, including, among other things, any damage, including financial damage, that the user himself may have suffered due to loss of profit, use, loss of data or other intangible elements. In any case, all express or implied warranties are expressly excluded to the extent that this does not contravene applicable statutory regulations and subject to liability for intent or gross negligence on the part of the supplier.
14.1 Without prejudice to what is specified in other articles of this agreement, any communication concerning or in connection with this agreement shall be sent by e-mail: info@webspacesite.co.uk.
14.1 The Parties agree that the contract shall be rescinded by right pursuant to Article 1456 of the Civil Code if the Supplier declares to rely on this clause upon knowledge of the occurrence of one of the following defaults: CONTRACT FOR THE SUPPLY OF WEB SERVICES – GENERAL CONDITIONS – PAGE a)non-payment); b) Customer not reachable
16.1 This agreement is governed by Italian law.
17.1 Complaints regarding any aspect of the contractual relationship and/or the provision of the service must be sent to WEBSPACESITE.COM. by written communication within 3 (THREE) days of the occurrence of the reason. WEB SPACE SITE AGENCY. shall examine the complaint and provide the customer with an answer within 5(five) days from its receipt. In the case of complaints for particularly complex facts, which do not allow for a comprehensive response within the aforementioned time limits, WEB SPACE SITE AGENCY. will inform the customer within the aforementioned maximum time limits on the progress of the case.
Art. 18.2 Once the complaint procedure under Art.
Art. 18.3, the Customer who is not satisfied may have access to conciliation procedures alternative to ordinary jurisdiction by sending the appeal to the Chamber of Commerce of Como. In particular, no appeal may be brought before the courts until a mandatory attempt at conciliation has been made. To this end, the time limits for taking legal action are suspended until the expiry of the deadline for the conclusion of the conciliation procedure. In any case, the choice of such procedures shall not preclude recourse to ordinary jurisdiction.
Art. 18.4 The exclusive place of jurisdiction for any dispute concerning the interpretation and execution of this contract shall be Como. Art. 22 – Privacy Pursuant to Legislative Decree No. 196/2003, the Supplier hereby informs the Customer that the Customer’s personal data, relating to the contractual relationship undertaken and entered into its databases, will be processed in full compliance with the procedures provided for by the aforementioned law. The data provided by the customer will be collected and processed in the following ways: a) in a correct and lawful manner; b) on paper and with the aid of computerised means, whether networked or not, accessible by specifically appointed personnel; The data provided by the customer will be collected and processed for the following purposes a) fulfilment of the obligations arising from the law and the obligations assumed by the supplier under this contract, exercise of the supplier’s functional activities or within the scope of supply or service relations, compulsory tax and accounting fulfilments, payment collection operations and business relations within the contractual terms; b) sending of commercial information, advertising material, interactive commercial communication or for the performance of market research and internal statistics. The data controller is this company in the person of its legal representative. The customer, informed of his/her rights, consents, in accordance with Legislative Decree no. 196/03, to the processing and possible communication of his/her personal, non-sensitive data, for the purposes indicated above, as well as for advertising purposes in the press or on telematic networks. The aforementioned consent may be revoked by the customer at any time by means of written notice sent to the supplier’s data processing manager at the following address: info@webspacesite.co.uk.
Tax burden Any tax burden arising from the execution of this contract, including any taxes for advertising activities, shall be borne exclusively by the user.