1. DEFINITION OF THE PARTIES
1.1 This contract for the supply of services is stipulated between the company Creawebonline di Carrieri Massimiliano, hereinafter referred to simply as "Creawebonline", and the user, as subscriber of the contract or application form or online form, hereinafter referred to simply as the "user".
2. DESCRIPTION OF THE SERVICE
2.1 Creawebonline di Carrieri Massimiliano provides the user with hard disk space for the management of the service and other data accessible through the Internet telecommunications network, through computers permanently connected to it.
2.2 The user, acting in absolute autonomy, can purchase the services offered by Creawebonline di Carrieri Massimiliano to resell them to its customers.
2.3 For legal, business or financial purposes, the user who resells the services offered by Creawebonline di Carrieri Massimiliano must be considered as an independent entity from Creawebonline. The user is only authorized to resell the services offered by Creawebonline di Carrieri Massimiliano as specified in this agreement. The user has no authority to act in the name and on behalf of Creawebonline.
3. SUBJECT MATTER OF THE CONTRACT
3.1 By signing the order, the user requests Creawebonline di Carrieri Massimiliano to make its services available according to the characteristics indicated in the order itself. By placing an order and using the services, you agree to these general terms and conditions.
4. DURATION AND TACIT EXTENSION
4.1 The services are provided by Creawebonline di Carrieri Massimiliano to the user upon payment by the user of the fee, as per the price list in force at the time of signing the contract or online subscription form/procedure.
4.2 The contract has a duration of 1 (one) months and is tacitly renewed by the user from year to year at the end of the month and subsequent months if no notice is given, subject to notice by email only if confirmed by a response of receipt or by registered mail, within 15 (fifteen) days from the end of the current period. In the event of cancellation submitted after the permitted period, such termination will not affect the following month or period and the user must also pay the fee for the following period in full.
4.3 The clauses of this contract are intended to be fully in force and accepted by the customer even in the event of non-onerous and/or temporary use of the services provided for any reason by Creawebonline.
5. YOUR OBLIGATIONS, PROHIBITIONS AND RESPONSIBILITIES
5.1 Creawebonline di Carrieri Massimiliano is not responsible for the content of the information published by the user on the Internet.
5.2 Creawebonline di Carrieri Massimiliano is not liable in any way for damages caused directly or indirectly by the services provided.
5.3 The user agrees to release Creawebonline di Carrieri Massimiliano from any liability in the event of complaints, legal actions, governmental or administrative actions, losses or damages (including legal fees and honorary fees) arising from the illegal use of the services by the user or one or more of his customers. Creawebonline di Carrieri Massimiliano may interrupt the service without notice, in which case the user will be refunded the unused portion of the service calculated on the basis of the days of non-provision of the same already anticipated by the user. The civil and criminal responsibility for the information published through the service offered by Creawebonline di Carrieri Massimiliano remains the responsibility of the user. 5.4 The user uses the services made available by Creawebonline di Carrieri Massimiliano assuming all responsibility for his actions.
5.5 The user undertakes to keep the alphanumeric codes (called "passwords") necessary for the performance of the service in the strictest confidentiality and not to transfer them to third parties and is therefore responsible for their safekeeping.
5.6 It is absolutely FORBIDDEN for the user to use the telematic services of Creawebonline di Carrieri Massimiliano for illegal purposes, for sending unsolicited advertising (otherwise called "spamming" or "spam") to discussion groups on Usenet ("newsgroups") and/or to addresses of users who have no relationship with the sender. It is also forbidden to publish: a. pornographic, obscene or paedophile material b. offensive material or with purposes contrary to morality and morality c. material with purposes contrary to public order d. material harmful to the rights of third parties e. material protected by copyright (music files, books, publications or parts thereof or anything else) f. illegally held material (pirated software, unauthorized copies, etc.) g. information or databases in contrast with current legislation.
5.7 The material deemed "doubtful" at the sole discretion of Creawebonline, will be examined and a decision will be made on the possibility of publication subject to adequate notice via e-mail to the user. If the user does not comply with the terms mentioned above or if there are well-founded reasons to consider the activity carried out through its website unlawful or contrary to morality and morality, Creawebonline di Carrieri Massimiliano may terminate the services without any notice and without anything being due by Creawebonline di Carrieri Massimiliano for any period not used.
5.8 It is your responsibility to maintain relations with your customers and act as an intermediary by offering them pre-sales and after-sales support, answering questions asked by your customers and offering them all necessary support for the entire period of the contract entered into with your customers.
5.9 The user shall take the utmost care that his customers do not use the services illegally, in violation of the laws of the Italian Republic and the laws in force in the places where the user and his customers reside.
5.10 The user will avoid using an excessive amount of CPU resources by installing or using in an exaggerated way applications that prevent the regular provision of web services to all users hosted on the server (in this case the user will be invited to switch to a higher hosting service).
5.11 The user acknowledges that any backup services indicated in the technical specifications of the purchased product, although subject to periodic checks that allow to minimize the risk of malfunctions, do not guarantee an absolute level of reliability. The user is in any case put in a position to make additional backups at any time through the ftp service or the appropriate web interfaces (hosting/database control panels).
5.12 The user undertakes to keep the email address and his/her personal data updated on Creawebonline.com and acknowledges that the primary channel of communication between Creawebonline di Carrieri Massimiliano and the user, unless otherwise agreed, is e-mail.
6. SYSTEM FEATURES AND FUNCTIONALITY
6.1 The User acknowledges and acknowledges that the telematic services of Creawebonline di Carrieri Massimiliano are based on a system physically located in the USA or in Italy, depending on the commercial and technical choices of Creawebonline di Carrieri Massimiliano (the type of connectivity is indicated in the technical data sheet of each product).
7. LIMITATION OF LIABILITY OF Creawebonline
7.1 Under no circumstances shall neither Creawebonline di Carrieri Massimiliano nor any other party that has taken part in the creation, production or supply of the services of Creawebonline di Carrieri Massimiliano be held liable for any direct or indirect, inherent, special or consequent damage of any nature, whether contractual or non-contractual, deriving from the activation or use of the services of Creawebonline di Carrieri Massimiliano and/or from the interruption of the operation of the Creawebonline services. The provisions of this article shall remain valid and effective even after the termination of the duration of this contract, due to expiry of the terms, termination or withdrawal of the same.
7.2 Under no circumstances will Creawebonline di Carrieri Massimiliano be held responsible for the malfunctioning of services resulting from the responsibility of telephone lines, electricity lines and world and national networks, such as breakdowns, overloads, interruptions, etc.
7.3 No compensation for damages may be claimed from Creawebonline di Carrieri Massimiliano for direct and/or indirect damages caused by the use or non-use of the services. Only a refund of the price paid for any period of time for which the service has not been used can be requested.
7.4 Creawebonline di Carrieri Massimiliano cannot be held responsible for breaches of its obligations that derive from causes beyond the sphere of its foreseeable control or from force majeure.
7.5 Creawebonline di Carrieri Massimiliano cannot be held responsible for non-compliance by third parties that affect the operation of the telematic services made available to the user, including, by way of example, speed slowdowns or failure to function the telephone lines and computers that manage the telematic traffic between the user and the Creawebonline system.
7.6 The user undertakes to indemnify Creawebonline di Carrieri Massimiliano from all losses, damages, liabilities, costs, charges and expenses, including any legal fees that may be suffered or incurred by Creawebonline di Carrieri Massimiliano as a consequence of any breach of the obligations assumed and guarantees provided by the user with the signing of this contract or application form and in any case related to the entry of information in the space provided by Creawebonline, even in the event of compensation for damages claimed by third parties for any reason.
7.7 With respect for the terms of the provision of the services provided, the user acknowledges that Creawebonline di Carrieri Massimiliano does not provide any guarantee that the service is easily resellable or that it is perfectly suited to particular purposes. Furthermore, due to the specific structure of the Internet, in which many entities are involved, no guarantee can be given regarding the constant usability of the service. In this sense, the user agrees not to hold Creawebonline di Carrieri Massimiliano responsible in the event of loss or damage of any kind resulting from the loss of data, the impossibility of accessing the Internet, the impossibility of transmitting or receiving information, caused by, or resulting from, delays, cancelled transmissions or interruptions of the service.
7.8 With reference to backup services, where available, the user acknowledges that Creawebonline di Carrieri Massimiliano cannot be held responsible for any loss of data resulting from the incorrect functioning of these services.
8. FORCE MAJEURE, CATASTROPHIC EVENTS AND FORTUITOUS EVENTS
8.1 Neither party is responsible for failures attributable to fire, explosion, earthquake, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, popular insurrections, riots, strikes and any other unforeseeable and exceptional cause that prevents the provision of the agreed service.
9. PAYMENT AND NON-PAYMENT
9.1 The fee is to be paid as agreed at the time of signing the order form. The payment of the fee must be made before the activation of the service for the first period, while for subsequent periods the payment of the fee must be made within 5 days of the deadline.
9.2 Creawebonline di Carrieri Massimiliano reserves the right to unilaterally vary at any time and without notice both the rates and the terms and conditions of this agreement. The dissenting Subscriber will, in this exclusive case, have the right to withdraw from the subscription within 30 days from the moment he/she receives notice of any change. In this case, he will be entitled to a refund of the amount of the subscription period that may not have been used. The Subscriber explicitly agrees that any changes pursuant to this paragraph may also be brought to his attention by means of Creawebonline di Carrieri Massimiliano and that therefore the sending of an e-mail message will constitute formal communication of the change.
9.3 Failure by the User to pay the agreed fee authorizes Creawebonline di Carrieri Massimiliano to suspend the service from the day following the date by which the payment was to be made. Any sums paid as an advance or deposit will be retained by Creawebonline di Carrieri Massimiliano to cover the expenses incurred for the processing and technical study of the service. In any case, the user remains obliged to pay Creawebonline di Carrieri Massimiliano the amount due even in the event of interruption of the service due to non-payment.
10. FORMS OF PAYMENT The following forms of payment are accepted by "Creawebonline.it"
10.1 Automatic PayPal Payment What is an automatic payment and how do I update it? Automatic payment authorizes the merchant to charge you every time you make a purchase on their site without logging into your PayPal account. Automatic payment is set up when you make the first payment on the merchant's site. The terms of this authorization will be available in your PayPal account. How to locate automatic payments on the website: In your PayPal account Go to "Settings". Click "Payments". Click "Manage automatic payments". Select the merchant Creawebonline di Carrieri Massimiliano. On this page, you can cancel your automatic payment and change your payment method. How to change your payment method: Select your current payment method. Select a new payment method or click "Link a new card or bank account". Click "Save". The merchant's contact details are provided in the automatic payment.
10.2 How is the cost of the App calculated? The E-shopping App service is sold at a different starting cost per month depending on the product. You can customize the services and options of the App directly on this page. You will see the final cost of your App customized to your needs.
10.3 What Does the Monthly Fee Include? The final cost of the installment includes creation, installation at the first setting of the module, assistance and updates for the platforms scheduled for one month.
10.4 When do I start paying for the service? When purchasing the service, you will pay an instalment in advance directly as a deposit. The next day you will be charged the first monthly installment. The second fee will be automatically charged to you after 30 days. The delivery of the App is estimated within 30 days from the order. The deposit installment that you will pay when purchasing the service will be returned to you at the 12th month of subscription as a loyalty bonus. In case of termination of the service before 12 months, no deposit will be refunded.
10.5 When can I cancel the service? You can cancel the use of the app at any time after the first month. You can cancel the service at any time when you activate the app. The cancellation of the app will start from the month following the request, without any penalty. 10.6 From what date is the service activated? The date of subscription and activation of the App starts from the date of purchase of the product and not from the delivery which is expected 30 days from the date of purchase.
11. OBLIGATIONS OF Creawebonline di Carrieri Massimiliano AND WARRANTY
11.1 Creawebonline di Carrieri Massimiliano undertakes to maintain the efficiency of the service offered. Should Creawebonline di Carrieri Massimiliano be forced to interrupt the service due to exceptional events or maintenance, Creawebonline di Carrieri Massimiliano will try to contain the periods of interruption and/or malfunction as soon as possible. Creawebonline di Carrieri Massimiliano will define the appropriate procedures for accessing the services and reserves the right to improve them at any time in order to increase their efficiency. Creawebonline di Carrieri Massimiliano will provide the customer with all the technical specifications to access the services themselves.
11.2 Creawebonline di Carrieri Massimiliano undertakes to provide, for the entire duration of the subscribed period, all the ancillary services to the web space that have been declared on the website www.servermac.net at the time of confirmation of the order by the user. The ancillary services may be replaced by Creawebonline di Carrieri Massimiliano at any time, even without notice, with equivalent or better products.
11.3 All hosting plans are covered by a "60-day money-back guarantee" which allows the user, at his sole discretion, within 60 days of activation (date of sending email with authentication data) to withdraw from the contract, by sending a registered letter or an email (only if confirmed by manual receipt) reporting his data (including the password that Creawebonline di Carrieri Massimiliano communicated at the time of activation), those identifying the order and legible signature, to the fax number communicated during the order procedure. The user will be refunded the full cost of the package excluding the costs of registering the domain (indicated on the website http:/www.servermac.net) which will remain registered to the user and can be transferred to the new host provider. This warranty does not cover additional services, nor can it be extended to such products unless explicitly provided for in the relevant contracts.
12. PROCESSING OF PERSONAL DATA - LAW NO. 675/96
11.1 At Creawebonline di Carrieri Massimiliano, the personal and commercial data relating to the subscription form will be collected and stored in order to comply with fiscal, tax and other obligations necessary for the activation, management and/or maintenance of the services provided by Creawebonline. Customer master data will be entered into an archive. The nature of the provision of data is mandatory to allow the fulfilment of legal obligations deriving from the implementation of the services requested. In the event of refusal to provide personal and tax identification data, Creawebonline di Carrieri Massimiliano will be unable to provide the services. The data collected will be communicated to the Creawebonline administrative offices of Carrieri Massimiliano to fulfill the obligations of bookkeeping and possibly to third parties (e.g. Italian Registration Authority, Registrar and Registry) for the activation, management and/or maintenance of the services provided by Creawebonline.
13. EFFECTIVE DATE AND EXPIRY DATE
13.1 This contract is valid between the parties from the date of activation communicated until the natural expiry of the contract.
14. TAX CHARGES
14.1 Any tax liability arising from the performance of the contract, including any taxes for advertising activities, shall be borne by the user.
15. TERMINATION CLAUSE
15.1 Creawebonline di Carrieri Massimiliano reserves the right to declare the contract terminated pursuant to and for the purposes of Article 1456 of the Civil Code with a simple written communication to be sent by e-mail in the event of non-compliance with the obligations contained in points:5. YOUR OBLIGATIONS, PROHIBITIONS AND RESPONSIBILITIES and 9. PAYMENT AND NON-PAYMENT, the rights of Creawebonline di Carrieri Massimiliano to the receipt of fees for contracted services remain unaffected, even if not fully used.
16. CONDITIONS CONCERNING THE PURCHASE OF PRODUCTS OR SERVICES, PAYMENT METHODS
Following the operation, the Customer may proceed to request a quote for the products in which he is interested, choosing the payment method among those proposed and accepted by CREAWEBONLINE.IT, indicating the chosen method of delivery of the product and, finally, indicating his personal data necessary for shipping and fatturazione.CREAWEBONLINE.IT reserves the right to accept only orders from subjects who have reached the age of majority and who are in possession of a Tax Code and/or VAT number (or equivalent data if they are non-residents in Italy). As far as payment methods are concerned, payment for purchases CREAWEBONLINE.IT accepted by: -Pay pal -Credit card Visa/Mastercard, American express, diners (PayPal circuit) The delivery of the product will be made 30 days after the delivery of all the requested material and upon successful completion of all the installments made in that period. Payment via the HYPERLINK "https://www.paypal.com/" circuit PayPal can be made by paying by credit card (Visa, Visa Electron and MasterCard) or a prepaid card (Postepay, Kalibra and others) without sharing the data with the seller. When paying with PayPal, you don't need to have a PayPal account. As for payment by credit card, the credit takes place 1 day after the validation of the request, provided that the authorization from the competent banking bodies has been obtained, without which the order will be considered null and void. We would like to remind our new customers that CREAWEBONLINE.IT can request the Bank or PayPal to verify the transaction, including by contacting the counterparty bank. This verification may cause some delay in the shipment of the order. CREAWEBONLINE.IT reserves the right to request new customers to ship the goods to the billing address of the same.
17. PLACE OF JURISDICTION
17.1 For any dispute arising from or arising from the application of this contract, the parties derogate by agreement from the jurisdiction in favour of the Italian court of Taranto. Terms of Use of Modules or APP integrations: All products for sale are from CopyRight of Creawebonline.it or partner supplier companies (shown in the product sheet). The satisfied or refunded condition is not fulfilled if the "open" source code is provided (Article 55, paragraph 2, letter d) of Legislative Decree 206/2005). The software is considered to be a single license, i.e. it can be mounted on a single server, any test installations can be made and must be removed at the end of the tests and when published on the final server. All modules are included with a guarantee of operation for the indicated version of prestashop and are supplied with free installation on the customer's server. Except for special conditions of the individual product (see product page specifications) all our modules are supplied with assistance and updates included in the price for 3/12 months from the purchase according to the service plan indicated in the product sheet. Any updates and support will be provided for years thereafter at the updated price of the 50% discounted module. Be careful some modules need ioncube installed on the server (www.ioncube.com) is present on most servers, or very easy to install, but please check the presence before ordering the software.