Terms and Conditions

4.320 / 5.000

1. SERVICES AND CONCLUSION OF CONTRACTS:
   These General Conditions of Service (“CGS”), together with the additional terms and conditions contained in the Service Orders (“OdS”), regulate the supply to customers (“Customer/s”) of the services offered by Hostingfy, VAT number 02620750022. The contracts between Hostingfy and the Customer relating to the individual Services will be considered concluded upon receipt by Hostingfy of the payment of the Fees for the Services themselves.
2. DURATION AND RIGHT OF WITHDRAWAL:
   pursuant to art. 5, Legislative Decree 185/1999, these CGS have an indefinite duration, unlike the contracts relating to the individual Services which will have the duration indicated in the relevant OdS. SPECIAL NOTICE FOR CONSUMERS The Customer, a natural person who requests the provision of a service for purposes other than his/her professional activity (“Consumer”), will have the right to freely withdraw from these GCS and/or from a single OdS within ten working days following the conclusion of the relevant contract, pursuant to and for the purposes of art. 5.1 Legislative Decree 185/1999. The withdrawal must be exercised with written communication by registered mail with return receipt to be sent to Hostingfy, via Maghetto, 27 13888 Mongrando (Bi). The communication may also be sent by email, provided it is confirmed within 48 hours by registered letter with return receipt. Following the withdrawal by the Customer exercised in accordance with the above and within 30 days from the date of withdrawal, Hostingfy will re-credit the Customer for any amounts paid by the latter. The full text of Legislative Decree 185/1999 can be consulted at http://www.parlamento.it/parlam/leggi/deleghe/99185dl.htm The Customer acknowledges that the right of withdrawal referred to in the aforementioned art. 5 of Legislative Decree 185/1999 cannot be exercised in relation to contracts for the supply of services whose execution has begun before the expiry of the aforementioned ten days or in the event that the Customer is not a Consumer. By way of example and not limited to, the Customer acknowledges that the start of the registration procedure for a domain name, such as the activation of email boxes and web space are equivalent to “provision of the service” pursuant to the same art. 5 Legislative Decree 185/1999. The Customer is always free to withdraw from an OdS in accordance with the above. The Customer agrees and accepts that the withdrawal from these GCS will not be effective if there is a pending contractual relationship between the Customer and Hostingfy relating to an OdS. Therefore, if the Customer intends to withdraw from these GCS, he/she must previously or simultaneously withdraw, where possible, also from any OdS in existence at the time of communication of the withdrawal.
3. USER ID AND PASSWORD:
   When completing the registration procedures for the Services, the Customer undertakes to provide his/her personal data in a correct and truthful manner. The Customer also undertakes to promptly communicate to Hostingfy any changes in the personal data communicated at any time. In the event that the Customer communicates inaccurate or incomplete data, Hostingfy reserves the right not to activate and/or suspend the service until the Customer takes steps to remedy such deficiencies. Hostingfy reserves this right even in the event that the competent bodies (e.g. banks or credit card holders) dispute the payments made by the Customer. Upon the first request for activation of a Service by the Customer, Hostingfy will assign the Customer a User ID and Password. The Customer acknowledges that such User ID and Password constitute the system for validating the Customer’s access to the Services. The Parties acknowledge and agree that such User ID and Password constitute the only means suitable for identifying the Customer when accessing the Services. The Customer therefore agrees and accepts that all actions performed using the aforementioned User ID and Password will be attributed to him and will be binding on him.
   The Customer acknowledges that he/she is solely and exclusively responsible for the acts performed through his/her User ID and Password and undertakes to maintain their secrecy and to guard them with due care and diligence and not to transfer them, even temporarily, to third parties. In any case, the Customer accepts that the computer and/or telematic recordings carried out by Hostingfy and/or its suppliers may be opposed and deduced before any competent Authority for any evidentiary purposes pursuant to and for the effects of these GCS and that, in particular, the parties may base suitable civil proof on them regarding the existence of the relationships and/or acts that are the subject of any dispute.
4. NATURE OF SERVICES – FEES AND PAYMENTS:
   The nature and type of Services provided by Hostingfy to the Customer is described in the individual OdS that he/she will accept. The Fees for the Services and the terms and methods for payment of the Fees are those established in the OdS or in the attached offers. Payment of the fees for the requested Service must be made by credit card by completing the payment form during the registration procedure. Following online payment, Hostingfy will send a suitable payment invoice to the address indicated in the customer details. For automatically renewed services, the Customer acknowledges that in the event of renewal, the published list price in force on the renewal date will be applied. All tax charges arising from the use of the Services by the Customer will be the exclusive responsibility of the latter. In the event of delay in making payments, Hostingfy will have the right to suspend the provision of the Services, pursuant to and for the purposes of art. 1460 of the Italian Civil Code. civ., and the Customer, without the need for formal notice, will be required to pay default interest equal to the legal interest rate increased by 9 percentage points, without prejudice to Hostingfy’s right to compensation for any additional damage. Hostingfy reserves the right, upon prior communication via announcements on the website www.hostingfy.eu, to send invoices in electronic format to the email address provided at the time of purchase. It will therefore be the Customer’s sole responsibility to notify Hostingfy of any changes to the email address provided.
5. CHANGES TO THE GTC AND/OR TO THE ODS:
   Hostingfy reserves the right to modify these GTC and the terms and conditions of the OdS at any time, by communicating via email to the Customer with at least 30 days’ notice. The Customer agrees and accepts that such communication may also be made via General Notices to Users published on the Hostingfy Website. In the event of changes that result in a significant reduction in the services provided, the Customer will have the right to withdraw from an OdS or from the then applicable GCS, by sending Hostingfy the relevant communication within the same 30-day period as per the previous paragraph, after which the changes will be considered accepted by the Customer and fully binding on him.
6. USE OF SERVICES AND CUSTOMER RESPONSIBILITY:
   The Customer undertakes not to use the Services for illicit purposes, to comply with the rules of use of the individual Services indicated in the OdS, and not to violate in any way all applicable national and international rules, including regulatory ones. The Customer also undertakes to comply with the Netiquette rules available at http://www.nic.it/NA/netiquette.txt. In particular, the Customer undertakes not to enter, and not to allow third parties to enter, content that violates privacy, copyright and intellectual property rights, or pornographic, blasphemous or offensive content, or that may in any way damage or endanger the image of third parties or of Hostingfy. The Customer also undertakes not to carry out acts of computer piracy through its Internet access. The Customer guarantees that it will not engage in spamming, or the sending, via e-mail, of unauthorized, unrequested and/or unsolicited communications by the recipients. Hostingfy reminds that this practice is prohibited not only by the rules of Netiquette but also by law 675/96 for the protection of privacy. Hostingfy also emphasizes that it will consider the Customer responsible even if the illegal spam activity is carried out through email addresses other than the one purchased from Hostingfy and also indirectly involves a Hostingfy Service or directly the technical structure of Hostingfy (for example: unauthorized promotion of a website hosted by Hostingfy). Hostingfy reserves the right to immediately suspend the Service if, at its sole discretion or through a report from third parties, it believes that the Customer is carrying out activities that violate the obligations set forth in this article. In this case, the Customer, following a report also via email by Hostingfy, must immediately eliminate the causes of the dispute or provide suitable documentation proving full compliance with the current legislation of the activity carried out by him. In the event of failure to respond immediately, Hostingfy will have the right to immediately terminate the contract, without prejudice to the right to full payment of the fee and the right of Hostingfy to take action for full compensation for any damages suffered. The Customer acknowledges that he is the sole and exclusive person responsible for the activities carried out through the Service or directly or indirectly attributable to him, and this also in the event that the Customer has signed an OdS on behalf of third parties authorized by him to use the Service, and in particular to be responsible for the contents and communications inserted, published, disseminated and transmitted on or through the Services. Therefore, Hostingfy cannot be held responsible in any way for unlawful, criminal, civil and administrative acts committed by the Customer through the Service. The Customer undertakes to indemnify and, in any case, to hold Hostingfy harmless from any action, request, claim, cost or expense, including reasonable legal fees, possibly arising to the same due to the failure by the Customer to comply with the obligations assumed and the guarantees provided with the acceptance of these GCS or with an OdS and in any case connected to the use of the Services by the Customer.
7. 3.394 / 5.000
   COMMUNICATIONS BETWEEN THE PARTIES:
   Unless expressly provided otherwise, the Parties agree and undertake to use electronic mail to carry out the communications requested or to be carried out pursuant to these GCS and/or the individual OdS.
8. INTELLECTUAL AND/OR INDUSTRIAL PROPERTY RIGHTS:
   Hostingfy remains the sole owner of the proprietary and economic exploitation rights relating to inventions and programs (including software, documentation and written programs, studies, etc.) and anything else that has been prepared, created, developed in function of the Services purchased through the individual OdS by the Customer, who is granted only a limited and non-transferable right of use.
9. LIMITATIONS OF HOSTINGFY’S LIABILITY:
   Hostingfy undertakes to use the best technology available to it to its knowledge and the best resources at its disposal to provide the Services covered by the individual SPOs. The Customer agrees and accepts that Hostingfy cannot in any case be held responsible for delays or malfunctions in the provision of the Services dependent on events outside the reasonable control of Hostingfy such as, by way of example: (i) force majeure events; (ii) events dependent on third parties such as, by way of example, the interruption or malfunction of the services of telecommunications operators and/or electrical lines or acts or omissions of the competent Registration Authorities; (iii) malfunction of the terminals or other communication systems used by the Customer. In the event of interruption of the Service, Hostingfy undertakes to restore the Service in the shortest possible time. The Customer also agrees and accepts that Hostingfy cannot in any case be held responsible for acts or omissions committed by the Customer and in conflict with the obligations undertaken by the latter pursuant to these GCS or an OdS, just as it cannot be held responsible for malfunctions due to defects in the means indispensable for access, improper use of the same and/or the methods of access to the service by the Customer or third parties. Hostingfy cannot in any case be held responsible towards the Customer or third parties for loss of profit, loss of earnings, or for any other form of lost profit or indirect and consequential damage connected to the execution of these GCS or each individual OdS.
10. EXPRESS TERMINATION CLAUSE:
    Hostingfy may terminate these GCS and each OdS, pursuant to and for the purposes of art. 1456 of the Italian Civil Code. civ., in the event of failure by the Customer to comply with the provisions of articles 3, 4, and 6 of these GCS, without prejudice to Hostingfy’s rights to the payment of the fees accrued in its favor at the date of termination and to compensation for damages.
11. APPLICABLE LAW AND JURISDICTION:
    This Agreement is governed by the laws of the Italian Republic. For any dispute inherent to or arising from this Agreement or its execution, the Court of Biella will have exclusive jurisdiction. In the case of a contract stipulated by a Consumer, the Court of domicile or residence of the Customer will have jurisdiction.