1. Definition of the contractual parties
1.1 The contract is signed between the proposing company Iannotta Gianluca, current in Sant'Agata De'Goti (BN) at Frazione San Silvestro 53, VAT number IT01610380626, hereinafter referred to as "Tublat" and the user accepting this proposal, whose generality are indicated in the order form - whose forwarding according to the modalities of the following art. 5 is equivalent to acceptance of the proposal itself - hereinafter simply referred to as "User".
2. Acceptance of the proposal
2.1 The acceptance by the User of this proposal, in the manner set out in the following art. 5, for all legal purposes, determines the conclusion between the parties of the contract in the epigraph.
3. Object of the contract
3.1 This contract has as object Tublat's supply of "web services", better indicated and specified in point 4 below, with the modalities and costs of the individual commercial offer chosen by the User in the completed order summary and forwarded to the proposer.
4.1 The fee for the service is identified on the basis of the rates in force at the time of the order and indicates on the web pages www.tublat.com that it is an integral part of the proposal.
4.2 The price is exclusive of taxes and duties.
5. Conclusion of the contract
5.1 For the purposes of concluding the contract, the User must:
5.2 Under Article. 12 lett. c) Legislative Decree no. 70/2003 Tublat, for the purpose of identifying and correcting data entry errors before placing the order, makes the technical means available to the User, which can be used through contact forms at the addresses indicated in the following art. 18, namely by "Live Chat" available on the website www.tublat.com.
6. Description of services
6.1 Tublat provides the user with hardware, software and hard disk space resources for the management of websites or other data accessible via the Internet telecommunications network, through computers connected to it permanently according to the specific service chosen by the User, in the measure and according to the characteristics declared on the website www.tublat.com which is an integral part of the proposal.
6.2 Tublat ensures the User, with continuity of service, the connection of the server to the internet with the characteristics declared on the aforementioned websites, providing the same with the credentials for accessing and uploading the contents.
6.3 The user recognises and takes notice that Tublat's telematic services are based on systems located anywhere in the world, according to the best technical conditions, at its unquestionable judgment.
7. Limits on support service
7.1 The support that Tublat can provide to the User is not unlimited. Tublat offers the User a maximum of 3 hours of free support on all hosting plans. Beyond this threshold, the User will have to uphold a cost of € 5.00 for each support request. The real problems will however be supported by Tublat for free, even after exceeding this threshold. By real problems we mean only down of the server or associated services. The blocking of the IP address by the Tublat firewall is not counted as down and is therefore subject to payment. Any kind of problem with third-party scripts will never be considered a server or Tublat problem, even in those cases where the same code works on another server. Tublat will send the invoice in the moment of the answer to the support request, and it will be possible to weld 4 days. On the 5th day a surcharge of € 5.00 will be applied and Tublat reserves the right to suspend the hosting plan to the User until payment is received. Where possible, Tublat will try not to force this policy, but will reserve, at its sole discretion, the right to apply it in those cases where it considers that there is an abuse of the support, in order to avoid that few customers can keep busy all Tublat operators, slowing down the support service for all customers.
8. Methods and essential terms of payment
8.1 The payment of the corresponding must be undertaken by the user within the essential term of 4 working days immediately following the acceptance of this proposal, perfected according to the modalities referred to in the above art. 5, by means of:
- bank transfer: In the name of Iannotta Gianluca - Iban IT10X0503475490000000000016;
- credit/debit card (VISA, MasterCard, Maestro, American Express): using the payment system available on the website www.tublat.com.
8.2 The user agrees to receive invoices via email, at the address provided when ordering and/or present in the archive and to print and keep them in paper form at his own expense; various legal provisions are reserved.
9. Start times for the execution of the services
9.1 Execution of the service will begin, except in cases of force majeure, within 48 hours immediately following the payment of the fee due to Tublat.
9.2 In this regard, the User who qualifies as a consumer pursuant to the following art. 10.3 expressly requires that the service starts during the withdrawal period in accordance with article 50, paragraph 3, and article 51, paragraph 8 of the Dl.gs. 206/2005, accepting in this case the loss to the right of withdrawal if the service covered by the contract is fully carried out within the relevant term.
10. Right of withdrawal
10.1 In general, the early cancellation of the contract by the User is excluded, except for the case of withdrawal expressly provided for in the following articles 10.3, 10.4 and 10.5.
10.2 In the event of cancellation, withdrawal or unlawful termination by the User, Tublat is now entitled to withhold the sums paid by the User as a penalty, without prejudice in any case to compensation for the greater damage.
10.3 In the event that the User qualifies as a "consumer" - identified, pursuant to art. 3 of Legislative Decree 206/2005, in the natural person who acts for purposes unrelated to his business or professional activity - the same, subject to the exceptions referred to in the following art. 10.6, has a period of 14 days, from the date of conclusion of this contract, to withdraw from it without having to provide any reason and without incurring penalties or costs except for those referred to in the following art. 10.5.
10.4 In the case referred to in the previous art. 10.1 the User exercises his right of withdrawal by sending, within the aforementioned period of 14 days, an explicit declaration about his decision to withdraw from the contract by certified email or registered letter with return receipt.
10.5 In the event of a regular withdrawal exercised by the User, Tublat will refund all payments received by the same User within fourteen days from the day on which he is informed of the consumer's decision to withdraw from the contract, with the same modalities used for payment, holding in that case, given the express request referred to in the superior art. 9.2, an amount proportional to what has been provided up to the moment when the consumer has informed the professional of the exercise of the right of withdrawal.
10.6 In consideration of the express request and of the acceptances referred to in the superior art. 9.2, the right of withdrawal referred to the points 10.3, 10.4 and 10.5 above is excluded if the service is completed before the expiry of the period of 14 days provided for the exercise of the right of withdrawal and/or if it has already been performed by the proposer supply of digital content on non-material support.
11. Duration and starting date of the contract
11.1 The stipulating of the contract will have the duration specified by the User in the order form or, unless otherwise established, of twelve months (12 months), starting from the date of activation of the service which will be communicated to the user by e-mail.
12.1 If the service provides for the payment of a fee, the stipulating contract will be deemed extended for another year if the user submits, within 15 days. prior to the expiration of the same, request for renewal, by paying Tublat, within the same term, the price for the chosen service at the rates and contractual conditions in force at the time of renewal. As a result of the foregoing, the contract will be renewed for the period of time selected by the User in the order, or, if not specified, for a further 12 months.
13. User obligations, prohibitions and responsibilities
13.1 The User benefits from the services made available by Tublat assuming every responsibility for his actions.
13.2 The user undertakes to preserve with the utmost confidentiality, and do not transfer them to third parties, the alphanumeric codes (called "passwords") necessary for the performance of the service and therefore is responsible for their safekeeping.
13.3 It is absolutely FORBIDDEN to use Tublat's telematic services for illicit purposes, by sending unsolicited advertising (otherwise called "spamming" or "spam") to Usenet discussion groups ("newsgroups") and/or to addresses of users who have no relationship with the sender. It is also prohibited to publish:
a) pornographic, obscene, erotic or pedophile material;
b) offensive material or with purposes contrary to morality and common decency;
c) material with purposes contrary to public order;
d) material infringing the rights of third parties;
e) copyrighted material (books and/or publications or parts of them or whatever);
f) illegally held material (pirated software, unauthorized copies, etc.);
g) information or databases in contrast with current legislation;
h) IRC or Chat software in general;
i) software that has not been tested and / or that does not guarantee the stability of the servers that host them;
13.4 The user, with reference to the hypotheses referred to in letters a), b), c), d), e), f), g), h), i,) described in the previous paragraph, indemnifies and lifts Tublat from any direct or indirect liability that may result from the violation of the aforementioned regulation, declaring that Tublat itself does not have, nor will in the future have any control over the publications that the user himself will carry out.
13.5 The proposer is not subject to a general obligation to supervise the information it transmits or stores, nor to a general obligation to actively seek facts or circumstances that indicate the presence of illegal activities; nevertheless, if a third party becomes aware of the illicit or prejudicial nature of the content of a service to which it ensures access, or of alleged illegal activities or information concerning its user or of information in its possession which allows the identification of the recipient of its services with which it has data storage agreements, in order to identify and prevent illegal activities, it will immediately inform the judicial or administrative authorities with supervisory func.
13.6 Tublat will promptly prevent access to certain content if this is requested by the judicial or administrative authority with supervisory functions.
13.7 Without prejudice to what is established in the above points, the material deemed "doubtful" at Tublat's unquestionable judgment will be screened and a decision will be made on the possibility of publication after adequate notice by e-mail to the user. If the user does not respect the terms mentioned above, Tublat will be forced to terminate the service without any prior notice and without anything being due for any unused period.
13.8 It is the user's responsibility to maintain relations with his or her customers and act as an intermediary by offering them pre-sales and post-sales support, answering the questions asked by their customers and offering them all the support necessary for the entire period of the contract entered into with its customers.
13.9 The user must pay the utmost attention so that his customers do not use the services illegally, violating the laws of the Italian Republic and the laws in force in the places where the user and his customers reside. As part of these efforts, the user agrees to include in the agreements with his customers, in the language used by the customer, a section having the same content as this art. 13 (OBLIGATIONS, PROHIBITIONS AND USER RESPONSIBILITIES).
13.10 The user undertakes to hold Tublat harmless from all losses, damages, liabilities, costs, charges and expenses, including any legal fees that may be incurred or incurred as a consequence of any failure to fulfill the obligations assumed and guarantees given by the user with the signing of this contract or membership form and in any case connected to the entry of information in the space provided by Tublat, even in the event of compensation for damages claimed by third parties for any reason.
14. Characteristics and functionality of the services
14.1 The User acknowledges and acknowledges that Tublat's telematic services are based on systems located anywhere in the world, according to the best technical conditions, at its sole discretion.
14.2 The User is aware and accepts as of now the abbreviated domain registration formula, according to which the administrative, financial and technical handles (contacts) are of Tublat staff. It is understood that the domain purchased or requested through Tublat belongs to the customer and remains with the customer.
14.3 The user is required to use the offers in good faith and fairness and must therefore refrain from obtaining any advantages other than those related to the normal use of the offers. For plans, options and / or promotions that provide for "Unlimited SSD space", good faith use is assumed to have a space not exceeding 100000 mb per year. In the event of non-compliance with the aforementioned principles, Tublat reserves the right, upon notice to the user, to interrupt, totally or partially, the presentation of the service used. In this case, the user will have the opportunity to exercise the right of free withdrawal without prejudice to the obligation to pay the amounts that will be due for the services used.
15. Tublat's limitation of liability
15.1 In no event will Tublat or anyone else who has played a part in the creation, production or supply of Tublat's services, be liable for any damage of any nature, direct or indirect, inherent, special or consequent, both contractual and extra-contractual, deriving from the activation or use of the Tublat services and / or from the interruption of the operation of the Tublat services. The provisions of this article 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.
15.2 In no case will Tublat be held responsible for the malfunction of the services deriving from the liability of the telephone lines, electricity and worldwide and national networks, such as breakdowns, overloads, interruptions, etc.
15.3 No compensation for damages can be requested from Tublat for direct and / or indirect damages caused by the use or non-use of the services. Only a refund of the price paid for the eventual period of which the service has not been used may be requested.
15.4 Tublat cannot be held liable for breaches of its obligations that arise from causes beyond its foreseeable control sphere or from causes of force majeure.
15.5 Tublat cannot be held responsible for non-fulfillment of third parties that affect the functioning of the telematic services made available to the user, including, by way of example, the slowdowns in speed or the failure of the telephone lines and computers that manage the telematic traffic. between the user and the Tublat system.
15.6 With respect for the terms of the provision of the services provided, the user acknowledges that Tublat does not provide any guarantee that the service is easily resale or that it perfectly adapts to particular purposes. Furthermore, for 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 Tublat 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. , canceled transmissions or service interruptions.
15.7 Tublat is not responsible for the content of the information published by the user on the Internet.
15.8 Tublat is not liable in any way for damages caused directly or indirectly by the services provided.
15.9 The user agrees to release Tublat from any liability in the event of complaints, legal actions, government or administrative actions, losses or damages (including legal and fees) resulting from the illegal use of the services by the user or by one or more than its customers. Tublat may interrupt the service without notice, as specified in the above points 13.6 and 13.7; in this case, the user will be reimbursed the portion of the unused service calculated on the basis of the days of non-supply of the same already anticipated by the user. The civil and criminal liability of the information published through the service offered by Tublat remains the responsibility of the user.16. Force majeure, catastrophic events and fortuitous events.
16.1 Neither party is responsible for failures attributable to causes of 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 you from providing the agreed service.17. Obligations of Tublat
17.1 Tublat is committed to maintaining the efficiency of the service offered. Should Tublat be forced to interrupt the service for exceptional events or maintenance, Tublat will try to contain the periods of interruption and / or malfunction as quickly as possible. Tublat will define the appropriate procedures for accessing services and reserves the right to be able to improve them at any time in order to increase their efficiency. Tublat will provide the customer with all the technical specifications to be able to access the services themselves.18. Communications
18.1 The User may for any communication contact Tublat quickly and communicate directly and effectively with it in the following ways: by PEC at email@example.com, via Live Chat or contact form on the website www.tublat.com.
18.2 Any changes to the above addresses will be published on the website www.tublat.com.
18.3 Tublat provides technical, commercial and administrative assistance only through the Ticket, Live Chat systems and contact forms on the website www.tublat.com.
18.4 Assistance is provided only for problems not listed in the Support Center on the website www.tublat.com and which form an integral part of this contract and in any case not beyond the indications provided by the sites of the owners of the Control Panels and Operating Systems used.
19. Processing of personal data - Information pursuant to art. 13 of Regulation (EU) no. 679/2016 ("GDPR")
19.1 Tublat protects the confidentiality of personal data pursuant to Regulation (EU) no. 679/2016 ("GDPR") and to this end it provides the user with all the information required by law relating to the processing of personal data, as specified in detail in the information document ("information") attached to this proposal to be considered as an integral and substantial.
19.2. The information referred to in point 19.1 above is also available on the website www.tublat.com and is made available to the User in electronic format during the compilation of the order form.20. Tax charges
20.1 Any tax charges arising from the execution of the contract, including any taxes for advertising activities, are borne by the User.
21. Termination clauses
21.1 The contract will be considered automatically terminated, pursuant to art. 1457 of the Italian Civil Code, if the user does not pay Tublat the agreed fee, within the essential term of 4 working days, starting from the acceptance of this proposal, unless Tublat manifests to the user, by e-mail and within three days following the expiration of the aforementioned term, the intent to still want to execute the contract or in any case the user violates one of the obligations not to do pursuant to art. 13 of the contract.
21.2 Tublat also reserves the right to declare the contract terminated pursuant to and for the purposes of art. 1456 of the Italian Civil Code, with simple written communication to be sent by e-mail, in cases of non-fulfillment of the obligations referred to in point 13. User obligations, prohibitions and responsibilities.
22. Procedures for resolving disputes and jurisdiction
22.1 For the settlement of disputes the parties may make use of the conciliation procedure before the competent CO.RE.COM. (Regional Communications Committee) or the mediation procedure governed by Legislative Decree n. 28/2010 and subsequent amendments.
22.2 In the event of a dispute, the only language of the proceedings will be Italian. The interested party will have a sworn translation into Italian of this contract and any attachments for the purposes of the dispute itself and at its own expense and expense. The parties conventionally waive jurisdiction in favor of the Court of Benevento (Italy).