TERMS AND CONDITIONS MAINTENANCE – ASSISTANCE

PREMISE

MAC Srl is a company that operates in the IT sector and deals with the design, construction, development, management as well as  maintenance and assistance of hardware and software products for third parties;

 

Article 1 – Object

The services produced by MAC will include everything necessary, even on an ancillary and complementary basis, for maintenance and assistance; all as per the undersigned commercial offer.

By way of example, MAC will perform, by means of appointed operators, the following interventions:

 

a) the installation and fine-tuning of the equipment and functionalities for the Customer’s business activities;

b) maintenance as described in the offer;

c) consultancy in the broadest form, consisting in providing answers to requests for information and clarifications on the functioning of products and services;

d) intervention at the customer’s site, on call  d. on site  or  by telephone.

 

In any case, the services will be detailed in the undersigned offer.

 

Art. 2 – Execution

The services of this agreement will be performed by the Supplier in full organizational and managerial autonomy, making use of its own technical means and professional skills – with diligence and professionalism – making use of personnel with proven technical ability and experience, and with the aid of suitable equipment .

MAC Srl will perform the services in compliance with current legislation.

Any complaint about the service must be promptly communicated to the company, within 24-48 hours of the intervention. 

Any variation to the services must be agreed between the parties.

 

Article 3 – Variations

MAC reserves the right to introduce, at any time, those variations and/or modifications and/or additions to the products and services covered by this agreement which, at its sole discretion, it deems necessary or even just appropriate.

 

Art. 4 – Assignment of the contract

The Supplier may not entrust – totally or partially – the execution of one of the services indicated in the offer, nor assign this contract to third parties unrelated to the Supplier.

If the MAC wishes to make use of the aforementioned option, it must communicate no later than 10 (ten) days from the signing of the agreement.

The latter may oppose its refusal, with unquestionable judgement, within 15 (fifteen) days of receipt of the communication of subcontracting or assignment of the contract.

If there has been consent and MAC will make use of third parties, it will have to demand from the latter the commitment to comply with everything provided in the offer.

In any case, MAC will be jointly and severally liable with the third party for any defaults or defects that may arise during the performance of the service and at its conclusion.

 

Art. 5 – Obligations towards the personnel employed

The Supplier undertakes to carry out the services covered by this agreement using persons of adequate professionalism, linked to the same by an employment relationship compliant with current social legislation.

The Supplier undertakes to observe, with regard to its employees assigned to the provision of the services covered by this agreement, all the provisions in force on the subject of compulsory placement and employment, social security and social security, accident prevention and accident insurance, as well as , in general, all the legislative provisions in force regarding the protection of work.

The Supplier undertakes to provide, at the request of the Customer, all the documentation capable of proving that the same has fulfilled the obligations referred to in the previous points of this article.

In the event of non-compliance with the obligations referred to in the previous points, Cedacri has the right to suspend, without this giving the right to compensation for damages or the payment of interest, the payment of the consideration referred to in the following article 17 until the Supplier has provided proof of having fully regularized their position (or that of the Consortium Companies) towards employees at the social security and insurance institutes.

 

Art. 6 – Consideration for the service

The consideration for the sale of the products and the provision of services covered by this agreement is determined in the undersigned commercial offer.

The payment of the consideration, if it also includes the sale of goods, is subject to the delivery of these with the relative supporting documentation and user manual.

The amount indicated in the letter of appointment is intended to be fixed and invariable and remunerative – unless otherwise indicated therein or attached – of general expenses, of any consumption, transport, organizational activity and anything else that may be necessary or useful to provide, performed in a workmanlike manner and within the agreed times, the services covered by this agreement and included in the offer.

The terms and methods of payment of the consideration will be specified in the commercial offer.

 

Art. 7- Maintenance and Warranty

During the term of this contract, the Supplier is required to provide maintenance in the times and ways described in the offer.

The Supplier is required to provide the guarantees within the times and in the manner established by law.

 

Article 8 – Delivery

The services covered by this agreement must be started and completed within the terms indicated in the offer.

 

Article 9 – Duration

This contract will have the duration foreseen in the commercial offer.

 

Art. 10 – Delivery term

 

Article 11 – Confidentiality

All knowledge, information, news, data, procedures, software applications, documents and secret and new formulas (hereinafter “information”), transferred by MAC to the Client, may not be disclosed and/or used – either directly or indirectly.

The supplier’s employees and collaborators are bound by the same obligations.

The obligation of confidentiality also extends to the period following the termination of this agreement and in any case until the related information is disclosed by the legitimate owner or legitimately enters the public domain.

It is mandatory not to disclose, use or employ, for purposes other than those established in this agreement, any data, document or information relating to the exclusive rights, activities, plans or business of the other Party or third parties, acquired in the execution of this contract, without prejudice to the written authorization of the other Party or of the third parties themselves, to the extent of their respective competence.

Upon expiry of the contract, the Supplier must therefore return or destroy all information, whatever the form or medium on which it was transfused.

 

Art. 12 – Express termination clause

The contract will be automatically terminated, pursuant to art. 1456 code civ. in the following cases:

 

a) incorrect and/or negligent and/or unprofessional maintenance and/or assistance of the works covered by this agreement;

b) violation of the prohibition of subcontracting/transfer of the contract;

c) non-compliance with the obligations towards the personnel employed by the Supplier pursuant to article 6;

d) failure to intervene within seven days to eliminate the defects;

e) delay in agreed payments.

 

Art. 13 – Right of withdrawal.

The Customer reserves the right to withdraw from this agreement at any time, even if execution has already begun.

The right of withdrawal must be exercised by registered letter with return receipt or pec email to the address:  macsrl@arubapec.it   and will be effective after the 15-day notice period, starting from the moment in which said registered letter or pec arrives to the Supplier.

In the event of withdrawal, MAC will interrupt the service and will have the right to payment of overdue and due fees, until the contractual termination has taken place.

 

Art. 14 – Obligation of custody

The Customer who has the goods supplied by MAC on loan for use has a specific duty of custody.

 In particular, the Customer will not be released from liability in the event of total or partial destruction or loss of the material following fire, theft and in general following acts and/or omissions due to willful misconduct and/or gross negligence.

If the Customer is not the owner but only in possession of the goods, he must promptly and specifically notify his creditors of the non-attachment and non-subjection to forced execution or any other precautionary measure on the aforementioned material.

 

Art. 15 – Amendments to this contract

Any modification of this agreement must be formalized in writing, under penalty of nullity.

 

Art.16 – Exclusive jurisdiction

In the event of a dispute, the Court of Avellino will have exclusive jurisdiction

 

Article 17 – Privacy

The processing of personal data released for the fulfillment of this Contract and the subsequent provision of the Service will take place in accordance with Legislative Decree 196/2003 and the European Regulation 679/2016, to the information released on the link:  https://www.macsolution.it/privacy , only for the phases of data collection, processing and management, necessary for the purpose of providing the Requested services, acts as Data Controller in compliance with the provisions dictated by the privacy legislation 196/2003 and in the EU Regulation 2016/679.

In view of the undersigned offer and which is fully reported here, the Customer declares to have read this contract and to share its content and to accept it with express approval pursuant to art. 1341 et seq. cc.

TERMS AND CONDITIONS OF CONTRACT - CONNECTIVITY AND FIBER

This text regulates the Supply of the Internet Connectivity Service by MAC Srl, in the person of its legal representative pt, Pellegrino D’amore, with registered office in Manocalzati (AV), at via Toppole, 3 – CF.- VAT number: 02760840641, via RF technology (RADIO BRIDGES) or VIA CABLE, with the connection speed and pricing of the offer selected by the Customer.

The Customer, by accepting the following General Conditions, explicitly declares to know and accept. The offer of the aforementioned services is for a limited time in the commercial offer, without prejudice to MAC’s right to suspend or revoke it at any time.

 

CONTRACT STRUCTURE

The Contract for the supply of the Internet connection Service consists of the following documents:

 

  1. Commercial offer customized on the basis of the characteristics requested by the Customer: this is the document with which activation, renewal and/or conversion of the Internet connection Service is requested, which indicates the technical characteristics, the price of the Service, taxes and taxes included, and the possible duration of the contract. The aforementioned document constitutes a contractual proposal;
  2. General Conditions These contractual conditions govern the Internet connection services offered by the supplying company.
  3. The Customer acknowledges and accepts the contractual conditions by signing the commercial offer.
  4. PERFORMANCE OF THE CONTRACT The Contract is concluded on the date of correct and punctual receipt by MAC Srl, completed and accepted by the Customer in all its parts together, together with the payment of the first installment or, where required, the full payment of the fee for the requested Service .
  5.  Upon activation of the Service, the Activation Confirmation will be sent.
  6. Provision of the Service: The Customer acknowledges and accepts that following the completion of the contract, the service will be activated with the methods and times specific to the chosen Service and indicated respectively in the undersigned economic offer, which are here as transcribed.
  7. The Service will be activated, pending the verification of technical feasibility and verification of possession by the Customer. The feasibility will be communicated in constant acceptance of the economic offer. If adjustment interventions are necessary for the activation of the Service, to be carried out also through the participation of technicians appointed by the undersigned company, the relative costs will be entirely borne by the Customer according to the economic conditions agreed at the time of subscription of the offer.
  8. PAYMENTS AND METHODS

Any exception can only be raised following regular payment by the Customer.

On this point, we reserve the right to interrupt or deactivate the requested Service with immediate effect, in the event that the payment is suspended without just cause.

As far as the modalities are concerned, the same will be agreed in the commercial offer.

Any contractual changes will be communicated through the publication and modification of this document.

In the event that the Customer wishes to withdraw from the modified contractual agreements, he can send appropriate communication by pec to the address:  macsrl@arubapec.it  or by registered letter with return receipt to the address: Manocalzati (AV) at via Toppole, 3, in the terms of 15 days from the communication of the changes.

 

9. DURATION AND RENEWAL

The Contract governs the provision of the Services to the Customer with effect from the date of its completion. The Contract is fixed-term and has the duration selected by the Customer in the commercial offer. The renewal procedures will be indicated in the commercial offer.

Unless otherwise provided, the Customer may request renewal at least 15 days before the expiry of the existing contract.

Pending renewal, the Service will have the same duration starting from the scheduled expiry day. Without prejudice to the provisions of the other documents making up the Contract, the Customer acknowledges and accepts that on the expiry date of each Service and in any case, at the end of the Contract any cause due, the Parties will automatically be released from their respective obligations ; the Customer acknowledges and accepts that it is his sole responsibility to procure and keep a copy of the data and/or information and/or content processed through the Service/s, it being understood that once the Contract has been terminated or the Service has expired, such data and /or information and/or content may no longer be recoverable.

 

10. DISCLAIMER AND LIMITATION OF LIABILITY

MAC has no responsibility towards its Customers, for delays, malfunctioning, suspension and/or interruption in the provision of the Service caused by: a) unforeseeable circumstances and force majeure; b) malfunction or non-compliance of the connection devices with which the Customer is equipped or in any case of those used by the same; c) tampering with or interventions on the services or equipment performed by the Customer or by unauthorized third parties; d) incorrect use or use that does not comply with these General Conditions.

The Customer accepts that the supplying company may temporarily interrupt or suspend the provision of the Service to guarantee extraordinary maintenance interventions linked to exceptional and unforeseeable events.

In any case, the Customer must communicate any irregularities or malfunctions in the Service within 24 hours. Any damages caused by non-timely communication by the Customer will be charged to the latter.

MAC will not carry out any type of control over navigation or any inappropriate content, remaining without responsibility.

 

11. EXPRESS TERMINATION CLAUSE AND TERMINATION OF THE CONTRACT

This contract will be considered terminated by law, pursuant to and for the purposes of art. 1456 of the civil code, if the Customer: fails to pay the fixed amount; you use the services in a different way than what is communicated. In the cases indicated above, the termination occurs by right, with interruption of the supply of the Service without any notice.

 

12. WITHDRAWAL

The Customer qualifying as a “consumer” pursuant to art. 3 of Legislative Decree 206/2005 (so-called “Consumer Code”), can exercise the right of withdrawal in the forms and methods provided for by articles. 52 and following of the Consumer Code within the term of 14 (fourteen) days from the date of execution of the Contract without any penalty and without indicating the reasons. Specifically, the Customer must expressly express the will to withdraw, by sending a communication to the company headquarters in Manocalzati (AV) via Toppole, 3.

The withdrawal will be effective within 30 (thirty) days from the date of receipt by MAC Srl of the aforementioned communication, with automatic interruption of the service and possible repayment of the installment of the amount paid corresponding to the number of unused days until the next natural expiry of the Contract, minus the costs incurred and/or to be incurred.

 

13. DATA PROCESSING IN EXECUTION OF THE CONTRACT

 The processing of personal data released for the fulfillment of this Contract and the subsequent provision of the Service will take place in accordance with Legislative Decree 196/2003 and the European Regulation 679/2016, to the information released on the link:  https://www.macsolution.it/privacy  , only for the phases of data collection, processing and management, necessary for the purpose of providing the Requested services, acts as Data Controller in compliance with the provisions dictated by the privacy legislation 196/2003 and in the EU Regulation 2016/679.

In view of the undersigned offer and which is fully reported here, the Customer declares to have read this contract and to share its content and to accept it with express approval pursuant to art. 1341 et seq. cc.

GENERAL CONDITIONS OF CONTRACT AND IaaS and SaaS SERVICES

Supplier:  Manutenzione e Assistenza Computers srl  in the person of the legal representative pt, Pellegrino D’Amore, with registered office in Manocalzati (AV) at via Toppole, 3, VAT number: 02760840641.

This document intends to regulate the following services:

  • Cloud, Iaas, contract or an agreement concerning the supply of the infrastructure as service service at the MAC SRL datacenter.

The precise description of the services is illustrated in the commercial offer and in the technical detail shown to the Customer.

 

1. SCOPE OF THE CONTRACT

The economic OFFER undersigned with the characteristics of the service constitutes an integral part of the contract and therefore, is intended as irrevocable (except for the application of DL 22.5.1999, n. 185, in the hypotheses provided therein).

With his signature, the Customer declares to know well and expressly approve these General Conditions, as well as the clauses and regulations in force at the time of conclusion of the contract.

PURSUANT TO ARTICLE 13 AND ARTICLE 14 OF REGULATION (EU) N. 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 27 APRIL 2016 RELATING TO THE PROTECTION OF INDIVIDUALS WITH REGARD TO THE PROCESSING OF PERSONAL DATA, AS WELL AS TO FREE MOVEMENT OF SUCH DATA (GENERAL REGULATION ON DATA PROTECTION, HEREINAFTER, ALSO GDPR).

 

2. DEFINITIONS

Where mentioned in the Information, the terms below take on the meanings indicated below.

Personal data.

Any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, with particular reference to an identifier such as a name, an identification number, location data, an online identifier or one or more characteristic elements of his physical identity, physiological, genetic, psychic, economic, cultural or social.

Common personal data

Personal data (name, surname, date of birth, citizenship, marital status, address, professional qualification); Identity documents (CdI, driving licence, passport); tax identification numbers (CF, VAT number for natural persons); contact details (telephone number, e-mail address, physical address); multimedia data (video, audio); Internet browsing data (cookies, logs, IP address); geolocation data; profiling data.

Particular personal data

Data suitable for revealing membership of parties, trade unions, organizations of a religious or philosophical nature; genetic data; biometric data; data relating to health (e.g. pregnancy, illness, belonging to protected categories).

Judicial personal data:

data relating to criminal convictions, crimes and related security measures (e.g. data relating to criminal records, the registry of administrative sanctions dependent on crimes and related pending charges).

Treatment

Any operation or set of operations, carried out even without the aid of electronic tools, concerning the collection, registration, organization, conservation, consultation, processing, modification, selection, extraction, comparison , the use, interconnection, blocking, communication, dissemination, cancellation and destruction of data, even if not recorded in a database. Even one of the operations listed on a Personal Data is sufficient to consider a processing of Personal Data in progress

Data controller

The subject (natural or legal person, public authority, service or other body) who, individually or together with others (Joint Data Controller), determines the purposes and means of processing personal data.

Interested

The identified or identifiable natural person to whom the data refer.

Responsible for the treatment

The subject (the natural or legal person, public authority, service or other body) external to the structure of the Data Controller who processes personal data on behalf of the latter.

Data controller

The data controller of your personal data is MAC srl with registered office in via Toppole 3, Manocalzati (Avellino).

Categories of data subjects and personal data collected

The data collection includes customers, suppliers, business contacts, website users, employees accessing MAC services, the Personal Data collected belongs to the category of Common Data such as email, address, telephone number, etc. Should data other than those listed in this Statement be collected, adequate communication will be provided on the collection and use.

With the exception of some information required by law, personal data will be collected voluntarily, however it is sometimes necessary and indispensable for the purpose of executing contracts and supplies.

Purpose of the treatment

The personal data provided, subject to explicit consent from the interested party, are processed by us for the execution of contracts; for the supply/acquisition of products/services; to send commercial, corporate or product information; to process online job applications; to request information, including by telephone, relating to the quality of our services and/or products or relating to the cancellation/transfer of the same; to fulfill requests for white papers, articles, newsletters, or other content; for the obligations established by law or requested by the competent Authorities.

Use of personal data for marketing purposes

In addition to the above purposes, we use Personal Data for marketing purposes. Most of the Personal Data collected for marketing purposes relates to individual employees/collaborators of our customers. Contact information can also be obtained from public sources, including content made public on websites and social media, and are aimed at making a first contact with a subject of interest.

Transfer to Third Parties

We may transfer Personal Data to public and governmental Authorities in fulfillment of the obligations established by law or regulation and upon request by the competent Authorities. No personal data will be transferred to MAC’s third party suppliers

Data Retention

We will keep Personal Data only for as long as necessary. We maintain specific database management and retention policies and procedures, so that personal data is deleted after a reasonable time based on legal and contractual obligations.

Rights of the interested party

The interested party has the right (in the circumstances and under the conditions, and subject to the exceptions, established by the applicable law) to:

Obtain information on which data are processed by the Data Controller;

request and obtain in tangible form the data held by the owner;

obtain confirmation of the existence or not of Personal Data concerning him;

request rectification of your Personal Data if it is inaccurate or incomplete;

request the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;

request the attestation that the operations referred to in the two previous points have been brought to the attention, also as regards their content, of those to whom the data have been communicated and disseminated, except in the case in which this fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right;

object to the processing of your Personal Data;

request the cancellation of your Personal Data even if they are no longer suitable for processing;

request the restriction of the processing of your Personal Data to be processed only in limited circumstances, even with your consent;

request the portability of your Personal Data or the right to receive a copy in an intelligible form or request the transmission of such personal data to another Data Controller.

To the extent that the processing of your Personal Data is based on consent, you have the right to withdraw such consent at any time by contacting us by email. This will not affect the right to process Personal Data obtained before the withdrawal of consent, or the right to continue parts of the processing based on legal obligations.

3. SECURITY POLICIES

1. Generalities

In order to ensure improper use of the Services and to maintain high levels of efficiency, automatic protection mechanisms are defined, hereinafter referred to as Protection Policies.

2. Definitions

Vulnerability testing

The user may not in any way attempt to probe, examine, penetrate or test the vulnerability of the MAC network system or to violate the security or related authentication procedures, both with passive and invasive techniques, without express written consent, nor, likewise, it may carry out these activities through the IaaS infrastructure against the networks and/or information of third parties without their explicit consent.

Use of system resources

The user may neither use the service in a way that interferes with the normal operation of MAC services nor make improper use of system resources such as the use of software that saturates the performance capacity of the network, disk system and CPU on shared platform for extended times. The user undertakes not to use unlicensed programs, since all the relative checks are the sole responsibility of the Client.

 4. BACKUP POLICIES

Backup policies are divided into two types, basic and advanced:

Base Data retention policy

Daily backup. Incremental 7 days

Weekly backup 4 weeks

Advanced data retention policy

Monthly backup 12 months

Annual backup 5 years

Offsite remote backup

 

5. TRANSFER OF PERSONAL DATA

The data processed and stored in IaaS and SaaS will not be disseminated and will not be transferred to other Member States of the European Union or to third countries not belonging to the European Union.
Therefore, we inform you that the data will be stored in Italy.

 

Pursuant to Art. 1341 of the Civil Code, the customer declares to have fully understood and to specifically approve all the conditions described in this contract by signing the commercial offer.

GENERAL CONDITIONS OF CONTRACT AND SERVICE - HOSTING/HOUSING

Supplier:  Manutenzione e Assistenza Computers srl  in the person of the legal representative pt, Pellegrino D’Amore, with registered office in Manocalzati (AV) at via Toppole, 3, VAT number: 02760840641.

This document intends to regulate the following services:

  • Hosting, Housing, Hosting/Housing contract or an agreement concerning the supply of the colocation service of dedicated servers of the supplier company (“Hosting”) or of the client’s servers (“Housing” or “Homing”) in one of the rooms equipped data of MAC SRL.
  • In general it indicates that an HSP (“Hosting Service Provider”) connects its infrastructure, which allows access to the Internet, with a dedicated server of the customer (“Housing” or “Homing”) or rented by the customer (“Hosting” or “Serverhosting”) in the Provider’s Webfarm or datacenter.
  • AC Srl for all hosting contracts is an HSP.

The precise description of the services is illustrated in the commercial offer and in the technical detail shown to the Customer.

 

1. SCOPE OF THE CONTRACT

The economic OFFER undersigned with the characteristics of the service constitutes an integral part of the contract and therefore, is intended as irrevocable (except for the application of DL 22.5.1999, n. 185, in the hypotheses provided therein).

With his signature, the Customer declares to know well and expressly approve these General Conditions, as well as the clauses and regulations in force at the time of conclusion of the contract.

 

2. DURATION

The provision of the Service is understood to be agreed for a minimum duration of 12 months or for the time indicated in the offer, starting from the date of domain reservation or the start of the payment for the Service or the provision of the Service.

The request for non-renewal of the Service must be received by MAC at least 60 days before the next deadline.

Failing that, the contract will be considered automatically extended for another 12 months or for the period agreed in the offer.

 

3. CONTRACTUAL CONDITIONS

These General Conditions define the conditions and terms with which MAC, on the basis of the Request outlined in the offer, makes available to the latter, against the agreed consideration, the Domain and the various products and services (dedicated servers, Windows or with other operating systems, cloud services, managed services, housing, etc.) within the system as well as any other additional services requested by the customer.

The billing and payment methods are agreed in advance with the commercial offer.

In the event of non-delayed payment of even one agreed month’s salary, the Supplier reserves the right to suspend and not renew and definitively interrupt the services rendered to the Customer, without the need for any notice and with the exclusion of liability for direct damages and indirect that may derive from the Customer or third parties, for any reason, following the suspension of the service.

The Customer will also be required to pay default interest pursuant to Legislative Decree 231/2002, which will be calculated and charged automatically, in addition to the costs incurred for any out-of-court recovery of the credit.

The contract is automatically terminated in the cases of default referred to in the previous articles, or in any case in the event of any other default by the Customer with the obligations set forth in this contract.

In any case, MAC Srl’s rights to receive fees for the services used remain unaffected, as well as the right to compensation for greater damage suffered for non-fulfilment.

 

4. PERFORMANCE OF THE SERVICE

The Service will be available 24 hours a day for seven days a week, excluding and subject to any suspensions for maintenance interventions.

MAC Srl will also not be responsible for any service interruptions caused by third parties.

It may also, at any time, interrupt the provision of the service if there are justified reasons of security and/or guarantee of confidentiality, in which case notifying the Customer.

 

5. DISPUTES

The Customer is required to communicate any irregularities in the service by means of a ticket or assistance service.

Failure to report in the manner and terms set out above relieves the supplier of any liability and precludes the customer from any request for termination of the contract due to default.

 

6. ASSIGNMENT OF THE CONTRACT

The customer may not in any way or in any form transfer the contract to third parties, even partially, unless otherwise communicated to be ratified after verification by MAC Srl.

 

7. CUSTOMER’S RESPONSIBILITY

The Customer ensures that the name for which domain registration has been requested is freely available and does not violate any third party rights (by way of example but not limited to: copyright, distinctive sign, patent for industrial invention, etc.) . The Customer maintains ownership of the domain, assuming all the broader responsibility for its use, with expressly exempting MAC from any responsibility and burden of assessment and/or control in this regard.

The Customer undertakes to indemnify and hold MAC harmless from all losses, damages, liabilities, costs, charges and expenses, of any kind, including any legal fees, which may be suffered or incurred, as a consequence of any default by of the Customer to the obligations and guarantees provided for in the contract and/or in any case connected to the use of the domain registered in the Web Space or on the dedicated server/server in housing, even in the event of compensation for damages from third parties for any reason.

 

8. WARRANTIES AND LIMITATION OF LIABILITY

Without prejudice to the case of willful misconduct or gross negligence and with the exception of breaches of payment obligations, indemnity obligations and confidentiality obligations deriving from the server contract, these general conditions and the applicable rules, the liability of each party in against the other is limited to an amount paid or to be paid by the Customer to MAC equal to the amount owed by the Customer for the monthly fee (pro-rata) which gave rise to the liability.

 

9. DISCLAIMER OF SPECIFIC WARRANTIES FOR HARDWARE AND SOFTWARE

The provider will not be held responsible for any interruptions in the service.

Unless otherwise agreed in the event of hardware defects, serious incompatibility (in the sense of so serious as not to allow the use of the dedicated server) of the basic operating system, activation problems and/or specific licenses required or other problems with the hardware used not caused by the Customer, the supplier will have up to 45 days for resolution, except for serious problems.

Once 60 of the requested time has elapsed without success, the customer may proceed with early termination.

 

10. CHANGES IN FEES AND OTHER CONTRACTUAL CONDITIONS

MAC reserves the right to unilaterally vary the fees applicable to this Contract and/or the other contractual conditions at any time, notifying the Customer.

These variations will be applicable to the Contract from the first renewal immediately following the variations.

 In any case, without prejudice to the Customer’s right to withdraw from the contract, by registered letter with return receipt or pec to the address:  macsrl@arubapec.it .

 

11. JURISDICTION

For disputes arising from this contract, the court of Avellino will be competent.

 

12. INCIDENTABILITY OF THE CONTRACT

The rights deriving from this contract cannot be transferred to third parties.

 

13. EXPRESS TERMINATION OF AGREEMENT

Express termination clause

The parties agree that the contract will be terminated automatically pursuant to art. 1456 of the civil code, if the supplier declares to make use of this clause having become aware of the occurrence of one of the defaults against the customer, in particular, in any case of improper use of the domain or dedicated/in housing server and of “spamming”.

In any case, the supplier’s rights to obtain compensation for damages remain unaffected.

 

14. LOSS OF THE BENEFIT OF THE TERM

Any default and/or delay in the payment of the fee relating to services in progress, already performed and/or in any case due, for any reason, will constitute the right to obtain, immediately, the full payment of its credits and consequently, for the Customer, the forfeiture of the benefit of the term and/or any deferments or installments previously granted to him.

 

15. WITHDRAWAL

The parties agree that the customer may unilaterally withdraw from the contract in accordance with art. 1373 civil code, by written communication to the supplier sent by registered letter with acknowledgment of receipt or PEC.

Moreover, the parties agree that, if the customer exercises this right, the supplier will have the right to withhold the entire amount paid by the customer as an annual fee for the service which will be understood to be charged as consideration for the withdrawal even for the period of service not used.

The supplier will not be required to return anything if the same has found a breach by the user of the obligations under this contract.

 

16. PRIVACY

Pursuant to EU regulation n.2016/679 (GDPR) in combination with the privacy code, the supplier informs the customer that the personal data of the same, relating to the contractual relationship, will be treated in full compliance with the methods established by the aforementioned rules.

The data provided by the customer will be collected and processed in the following ways:

  1. a) correctly and lawfully; b) by means of paper support and with the aid of IT means, whether connected to the network or not, accessible by expressly appointed personnel;

The data provided by the customer will be collected and processed for the following purposes: a) fulfillment of the obligations deriving from the law and the obligations assumed by the supplier under this contract, exercise of the supplier’s functional activities or in the context of supply or service relationships , of the mandatory tax and accounting obligations, of the payment collection operations and of the commercial relations in the contractual terms; b) sending of commercial information, advertising material, interactive commercial communication or for carrying out market research and internal statistics.

The data controller MAC SRL, all better identified in the Privacy section of the website.

 The customer, informed of his rights, consents, in accordance with EU regulation n.2016/679 (GDPR), to the processing and possible communication of his personal, non-sensitive data, for the purposes indicated above, as well as for advertising purposes to by means of the press or electronic network.

The aforementioned consent may be revoked by the customer at any time, by means of written communication sent to the supplier’s data processing manager at the following address: privacy@macsolution.it.

The user acknowledges that the service and all necessary software used in connection with the service itself contain confidential information and may be protected by the laws on intellectual and/or industrial property in favor of the supplier.

Pursuant to Art. 1341 of the Civil Code, the customer declares to have fully understood and to specifically approve all the conditions described in this contract by signing the commercial offer.

GENERAL CONDITIONS CREATION OF WEBSITES - APP

This document has the task of regulating the conditions and terms relating to contracts for the creation of websites by MAC Srl.

 

1. SCOPE OF THE SERVICE

The subject of this contract is the provision of services relating to the creation of portals – Apps – websites and e-commerce, for the duration agreed on the commercial offer which is signed by the Customer.

 

2. Realization and delivery

The Customer undertakes to deliver what is the subject of the contract within the terms established in the offer (such as, by way of example and not exhaustively, images, texts, videos, documents, etc.) The provision of services, within the established times, is strictly dependent on the delivery of the material by the Client.

 

3. Terms and Intellectual Property

By subscribing to the offer, the Customer is assigned a non-exclusive right to use the works described “on the web page where the description of the service during the purchase phase is shown”.

 

4. Costs

Payment for the service must be made in accordance with the provisions of the commercial offer. All services not included in the list covered by this contract will have costs and times to be agreed from time to time. The cost for maintaining all services (including domain, hosting, assistance, etc.), is included only where indicated in the subscribed offer.

 

5. Methods of payment

The services offered by MAC SRL are those quoted with the Customer in the signed Offer form.

In the event of late payments, MAC reserves the right to suspend the service if the default continues for more than 30 days.

 

6. Duration, conclusion and withdrawal from the contract

 The contract has the duration agreed in the commercial offer from the date of activation of the service.

Any request for termination of the contract must be communicated 90 days in advance by the Customer and must be settled with the payment of the remaining shares until the contract is terminated.

On the set expiry date, the Service and any Additional Services will be deactivated and the Contract will cease to be effective, unless renewed at least 15 (fifteen) days before the expiry date, by paying the relative amount, at the rates and conditions contracts in force at the time of renewal.

As a result of the above, the contract will be renewed for the same period specified in the offer.

Therefore, upon expiry, the Customer exonerates from any responsibility in this regard, including any visibility or other problems that may occur following the expiry of the Service not renewed within the contractual terms.

Upon termination, the Customer will remain the owner of the website and of what is highlighted in the offer, but any additional  “fee-based ” services will be suspended.

As far as the domain is concerned, the Customer will be able to regain the availability of the domain and related services, in the manner and under the contractual conditions established.

At the end of the contractual relationship, due to any cause (by way of example but not limited to, due to the expiry date, withdrawal or termination or transfer of the domain name to another Registrar) the Customer and Mac srl will be free from reciprocal obligations, the Service will be disabled, access disabled, and therefore it will no longer be possible to access and use it.

For this reason, the Customer will have the right to request, before the expiry of the contract, a copy of any data and/or content entered on the servers, including the content of the email boxes associated with the domain, as the writing company is not held to further guarantees of recovery, following the expiry of the contract and assumes no responsibility in this regard.

In any case, the Customer undertakes, now for then, to indemnify and hold MAC Srl harmless from any liability and/or damages request connected to the deactivation of the Service, and to the possible partial or total loss of the data, information and contents allocated at the time of expiry of the contract on the site corresponding to the domain name concerned.

 

7. Express termination clause

This contract is terminated by law, pursuant to art. 1456 CC, for the following reasons:

  1. a) fails to pay;
  2. b) is subjected to or admitted to insolvency proceedings;

In any case, MAC reserves the right to take legal action to protect its rights in the event of non-fulfillment or in the cases of the previous points.

 

8. Limitations of Liability

MAC is in no way responsible for the content of the information provided by the Principal and/or published by the Customer on the Internet and is not liable in any way for damages caused directly or indirectly by the services provided. The exemption from liability is also effective after the expiry, or termination in general of the effects of the contract and also concerns the hypotheses of liability deriving from products advertised independently by the Customer.

 

9. Customer obligations

Failure to pay by the CUSTOMER and the amount due authorizes the suspension of the service, and if payment is not made within the next fifteen days, the Parties agree to terminate the contract with all legal consequences.

 

10. Information on the publication of web material

The Client declares and guarantees that the material provided by the Client (trademarks, texts, images, advertising messages, etc.) can be used by MAC for the provision of the Services;

The material fully complies with the regulations relating to commercial communication and with any other specific regulation regarding commercial communication, as well as declares and guarantees that it is the owner of the rights to the aforementioned material; that the aforementioned material is lawful and that it is or will be, at the time of activation of the Services, duly authorized pursuant to the law, that it is produced in full compliance with all legal requirements, regulations and, in general, with the legislation of public order, including, by way of example only, the legislation on games, prize contests, etc. that the aforementioned material does not infringe, at the time of its diffusion, the rights of third parties: among which: competitors, the market and users. We reserve the right to refuse the dissemination of texts,

The Customer will indemnify and hold MAC Srl harmless from any and all negative consequences deriving from the violation of the above, from any and all action or claim advanced by third parties.

On the basis of this contract, MAC will proceed to create the graphic aspect of the website and will take care of the organization of the contents according to logics pertinent to the sector and the market segment to which the Client’s activity refers.

 

11. Disputes and competent court

For any dispute that may arise from the interpretation, execution, resolution or termination of this agreement, the parties agree to submit to the exclusive jurisdiction of the court of Avellino.

 

12. Protection of personal data

The processing of personal data released for the fulfillment of this Contract and the subsequent provision of the Service will take place in accordance with Legislative Decree 196/2003 and the European Regulation 679/2016, to the information released on the link: https://www.macsolution.it/privacy  , only for the phases of data collection, processing and management, necessary for the purpose of providing the Requested services, acts as Data Controller in compliance with the provisions dictated by the privacy legislation 196/2003 and in the EU Regulation 2016/679.

In view of the undersigned offer and which is fully reported here, the Customer declares to have read this contract and to share its content and to accept it with express approval pursuant to art. 1341 et seq. cc.

SOCIAL NETWORK MANAGEMENT AGREEMENT

GENERAL CONDITIONS

The general contract conditions govern – together with the particular conditions present in the commercial offer – the technical characteristics, the payment amounts – and the services object of the contractual relationship.

 

1) Object of the contract

The object of this Agreement is the supply, against consideration, of the social management service, according to the specifications and characteristics agreed in the order to the supplier, approved by the Parties.

Furthermore, it concerns any additional services with respect to the main one, as always established in the OFFER form.

 

2) Finalization and conclusion of the contract

This Agreement is concluded with: a) approval of the Estimate by signing the offer; b) delivery by the Customer of all the final materials necessary to complete the work in question.

The contract is considered concluded when the supplier receives the subscription to the offer by pec:  macsrl@arubapec.it  or to the agreed email address.

The payment of the fee for the activation of the service indicated in the order confirmation must take place within the agreed terms.

 The Supplier undertakes to activate the service as per the conditions of the Offer, notifying the customer by e-mail.

 

3) General conditions for social networks

The text contents will be created by personnel appointed by MAC Srl and provided by the Customer or by someone authorized by him; all contents, of any form or nature, present in the official channels of the Company (for example company websites), are considered authorized to share, without further specification.

Both informative and graphical contents created by the Supplier, after 48 (forty-eight) hours from publication, are considered approved if the Customer does not receive a request to remove the content from the channels by email or pec email.

The Customer gives the Supplier the right to create info-graphic contents, texts, images and photos, and to share them on the Customer’s social page(s) without prior approval from the customer, provided the object of the sharing is inherent in the activity carried out by the customer and does not go against current legislation.

The supplier will be able to create promotions using the appropriate tools made available by Facebook, Instagram, Linkedin or other texts, without prior approval from the customer, provided that the object of the promotion is inherent to the activity carried out by the customer and is agreed on offer.

 The Customer declares and self-certifies that he has the right to use and own the pages on social networks, as regulated by the latter, indicated to the Supplier either on the “order form” or by email to one of the email addresses provided by the Supplier or in any other written form.

The Customer also declares that he has the rights to use the trademarks and any other graphic or photographic element returned to the supplier for the activity.

In cases where the provision of the agreed services involves the creation of one or more social network profiles with the Customer’s references and header, access will be protected by a unique and confidential username and password available to the Customer, of which the Supplier will preserve confidentiality in favor of the Customer.

The Customer maintains full ownership of the data published, assuming all responsibility for their content, with the express exemption of the Supplier from any responsibility and control in this regard.

 The Supplier therefore declines any responsibility for the approved published data, whether sensitive or personal.

 The Customer declares to be able to appoint the Supplier as administrator of the facebook page of which he will send the identification data and name of the page via email, that it is a public facebook page, or administrable, and not a private account, to be in possession the right to be able to contract the services referred to in this contract.

In the event of non-delayed payment of even one agreed month’s salary, the Supplier reserves the right to suspend and not renew and definitively interrupt the services rendered to the Customer, without the need for any notice and with the exclusion of liability for direct damages and indirect that may derive from the Customer or third parties, for any reason, following the suspension of the service.

The Customer will also be required to pay default interest pursuant to Legislative Decree 231/2002, which will be calculated and charged automatically, in addition to the costs incurred for any out-of-court recovery of the credit.

The contract is automatically terminated in the cases of default referred to in the previous articles, or in any case in the event of any other default by the Customer with the obligations set forth in this contract.

In any case, MAC Srl’s rights to receive fees for the services used remain unaffected, as well as the right to compensation for greater damage suffered for non-fulfilment.

It is the Client’s right to request additional services from the Supplier other than those required under this contract. The days of delay by the customer in sending the requested information or data to the Supplier are excluded from the calculation of the realization times.

 

4) Warranties and Obligations of the Customer

The Customer undertakes to provide in electronic format, at his own expense, all the textual and photographic material necessary for the fulfillment of the service by the Supplier, and to send it within 30 (thirty) days from the act of signing this contract.

The Customer ensures that all the contents, the information provided, such as texts, graphics, data, and images, are in its legitimate availability, and do not violate any copyright, trademark, patent or other third party right deriving from the law, contract or custom.

The Customer will hold the Supplier harmless for any claim for indemnity and compensation claimed by third parties as a result of the publication of the aforementioned materials.

 

5) Obligations of the supplier

Where possible, the supplier will provide technical assistance limited to the type of service requested by the customer by sending an e-mail to the mailbox  r.gizzi@macsolution.it  .

 

6) Limitation of Liability

The Customer declares to be the owner of the data published on the site and retains full ownership, assuming all responsibility for their content, with the express exemption of the Supplier from any responsibility and burden of verification and control in this regard.

The Supplier, therefore, declines all responsibility for the published data.

The Supplier, while making every effort to ensure that this does not happen, cannot be held responsible in any case for the use of data, delivered and/or requested by the Customer, which were, unbeknownst to the Supplier, covered by copyright, which violate the right of third parties, or that are unlawful.

The Supplier will consequently be relieved of any liability resulting from copyright infringements in relation to the contents of the site, to an illegal use of the website and to the publication of illegal contents on the site. If the Customer requests assistance to resolve malfunctions caused by him or by third parties, upon agreement, the rates in use by the Supplier in the current period will be applied.

In any case, the Supplier is and remains extraneous to the activities that the Customer and his collaborators carry out in full autonomy.

The Customer is solely responsible for the adequacy and accuracy of all content, information and data released to the Provider.

 The Client shall review the accuracy of all content, information and data, once the Provider has posted them on the website.

The Provider is not responsible for verifying, checking, modifying, or monitoring any content or additional material posted by the Customer or by third parties on the website. If notified of allegedly infringing copyright, defamatory, harmful, obscene, illegal or offensive material, the Supplier’s only obligation shall be to notify the Customer of such allegations.

The Client uses the services at his own risk.

 The Supplier is not liable to third parties for legal, civil or administrative disputes, damages of any kind, caused by the use or inability to use the services and based on any assumption of liability including breach of contract, negligence , or otherwise, even if the Supplier has been advised of the possibility of such damages and in the event that a clause provided for in this contract has not remedied.

Malfunctions of the services, loss of data, accidental diffusion of data and any other type of damage occurring as a result of attacks by computer viruses, etc. are not attributable to the Supplier.

The user undertakes: a) not to interfere or interrupt the service, the servers or networks connected to the service, 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 morality; c) not to disclose to third parties information in relation to the systems and methods of accessing the service.

The user acknowledges and agrees that the technical processing, transmission or dissemination of the service, including its contents, may include the transmission or diffusion of contents via other networks and the need for the supplier to make changes to the service in order to bring it into line or adapt it to the technical specifications, to the connection standards of your networks or to the equipment and connection programs.

 

7) Consideration and methods of payment

The parties agree that the consideration for the use of the service is that determined in the undersigned commercial offer, plus VAT.

 

8) Duration and cancellation.

The parties agree that the contract will have the duration agreed in the offer which will start from the activation of the service, unless otherwise provided.

The parties agree that on the date of natural expiry of the contract, the same will be tacitly renewed for the same duration, and so from year to year, unless canceled by one of the parties communicated to the other by registered letter with acknowledgment of or by PEC macsrl  @ arubpec.it  at least 60 (sixty) days before the deadline, unless otherwise agreed in writing between the parties.

 The customer acknowledges and acknowledges that the supplier reserves the right to modify and update the fee for the service, notifying the customer by e-mail at least 30 days before the expiry date of the contract.

 

9) Contract assignment

The customer may not in any way or in any form assign the contract to third parties, even partially.

 

10) Right of withdrawal

The parties agree that the customer may unilaterally withdraw from the contract in accordance with art. 1373 civil code, by written communication to the supplier sent by registered letter with acknowledgment of receipt or PEC.

Moreover, the parties agree that, if the customer exercises this right, the supplier will have the right to withhold the entire amount paid by the customer as an annual fee for the service which will be understood to be charged as consideration for the withdrawal even for the period of service not used.

The supplier will not be required to return anything if the same has found a breach by the user of the obligations under this contract.

 

11) Force majeure

 The user agrees and agrees that the supplier cannot under any circumstances be held responsible towards the user or third parties for the delay or non-fulfillment of its obligations due to unforeseeable circumstances or force majeure.

 

12) Limited Warranty

The user acknowledges that the provider does not have the ability to exercise any control over the content of the page, social networks and/or website covered by the service.

Therefore the user agrees and agrees that the supplier cannot in any way be responsible for the non-use of the service or for the failure or malfunction of the material owned by the customer.

The user declares to have read the characteristics of the type of service chosen in the order confirmation.

The user acknowledges and agrees that the supplier makes no warranties of any kind, expressed or implied, of merchantability, compatibility or fitness for a particular purpose of the user or of third parties and, furthermore, makes no warranties as to whether the service corresponds to the requirements and needs of the user.

The user acknowledges and agrees that the supplier does not give any guarantee to the user regarding the results that can be obtained with the use of the service, regarding any errors in the software and hardware of the service or regarding the reliability of any information obtained by the user through the service.

Therefore the supplier cannot be held responsible for any direct and/or indirect damage deriving from the use of the service or from the interruption of the functioning of the service.

The provisions of this point remain valid even after the expiry of the contract.

 

13) Indemnification clause

In any case, the user undertakes to indemnify and hold harmless the supplier as well as subjects connected or controlled by it, its representatives, employees or auxiliaries from any civil and criminal liability deriving from the illicit, improper or abnormal use of the service, even if caused by third parties through the User’s account and from any claim, including compensation for damages, proposed against the supplier following a misconduct by the user.

 

14) Limitation of Liability  

Without prejudice to what is indicated in the previous articles, the user acknowledges and accepts that the supplier cannot, under any circumstances, be held liable – either contractually or non-contractually – towards the user (or third parties) for any type of direct or indirect damage including damages 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 damages.

 The Customer undertakes to read the e-mail messages received from the Supplier.

 The Supplier is relieved of any responsibility if the Customer has not read or has ignored the notices or reminders sent by e-mail.

 

15) Express termination clause

 The parties agree that the contract will be terminated automatically pursuant to art. 1456 of the civil code, if the supplier declares to make use of this clause having become aware of the occurrence of one of the breaches indicated below in the previous points.

 

16) Jurisdiction

Any complaints regarding any aspect concerning the contractual relationship and/or the provision of the service must be forwarded to MAC SRL via Toppole, 3 – Manocalzati (AV), within 8 (eight) days from the occurrence of the reason.

MAC will examine the complaint and provide an answer to the customer within 5 (five) working days of receipt of the same, except in cases of particular complexity.

 The exclusively competent forum for any dispute relating to the interpretation and execution of this contract will be that of Avellino.

 

17) Privacy

Pursuant to EU regulation n.2016/679 (GDPR) in combination with the privacy code, the supplier informs the customer that the personal data of the same, relating to the contractual relationship, will be treated in full compliance with the methods established by the aforementioned rules.

The data provided by the customer will be collected and processed in the following ways:

  1. correctly and lawfully; b) by means of paper support and with the aid of IT means, whether connected to the network or not, accessible by expressly appointed personnel;

The data provided by the customer will be collected and processed for the following purposes: a) fulfillment of the obligations deriving from the law and the obligations assumed by the supplier under this contract, exercise of the supplier’s functional activities or in the context of supply or service relationships , of the mandatory tax and accounting obligations, of the payment collection operations and of the commercial relations in the contractual terms; b) sending of commercial information, advertising material, interactive commercial communication or for carrying out market research and internal statistics.

The data controller MAC SRL, all better identified in the Privacy section of the website.

 The customer, informed of his rights, consents, in accordance with EU regulation n.2016/679 (GDPR), to the processing and possible communication of his personal, non-sensitive data, for the purposes indicated above, as well as for advertising purposes to by means of the press or electronic network.

The aforementioned consent may be revoked by the customer at any time, by means of written communication sent to the supplier’s data processing manager at the following address: privacy@macsolution.it.

Supplier Intellectual Property Rights

The user acknowledges that the service and all necessary software used in connection with the service itself contain confidential information and may be protected by the laws on intellectual and/or industrial property in favor of the supplier.

Pursuant to Art. 1341 of the Civil Code, the customer declares to have fully understood and to specifically approve all the conditions described in this contract by signing the commercial offer.