Terms and Conditions agreement

The following definitions and conditions regulate the supply and use relationship of the telematic services extensively described in the individual descriptive sheets available on the website https://www.madenetwork.it and individually requested.

1. Definitions

The parties who agree and declare to submit to the contractual rules and terminologies indicated will hereinafter be referred to as:

SUPPLIER: Made Network Srl, based in Rimini (RN), via Macanno 38/N, Zip 47923

CUSTOMER the person who promotes the process of signing this contract in order to use the services provided by the SUPPLIER understood as the person providing the services referred to in the agreement, legally identified as Made Network Srl proposing this service supply agreement.

Below in the contract reference will be made to some technical or commonly used names, in particular:

HOSTING Preparation of physical/logical resources by the SUPPLIER for the benefit of the CUSTOMER in a non-exclusive form and with predefined characteristics that cannot be modified by the CUSTOMER, typically enabling the CUSTOMER to take advantage of the resources necessary to exercise a website with all the functions declared in the technical characteristics.

HOUSING, COLOCATION or VPS (Virtual Private Server) Provision of physical/logical resources by the SUPPLIER to the CUSTOMER in an exclusive form and with predefined characteristics modifiable by the CUSTOMER. Each resource remains owned by the SUPPLIER and is granted for use to the CUSTOMER.

DOMAIN NAME Mnemonic name designed to uniquely identify an IP resource in the network, the SUPPLIER carries out, unless otherwise indicated, the registration and/or transfer services of this name, taking care of the procedures on behalf of the CUSTOMER.

2. Object of the agreement

The SUPPLIER proposes to the CUSTOMER the stipulation of conditions that allow the same to use the requested services with the characteristics and performances defined by the chosen type as reported in the product technical data sheet, an integral part of this agreement.

The total or partial transfer to third parties, defined as 'resale', of the services covered by this agreement is permitted without prejudice to the responsibilities and limitations established.

Any performance defined as ancillary to the service referred to in the object of the contract, possibly requested by the customer even after the stipulation, is subject to the conditions of this agreement and is considered as a solid component of the service.

The applicable contractual scheme will be that of the rental of things or the license of use, for which the CUSTOMER will never acquire ownership of the services rendered with the exclusion from this clause of the effects deriving from any procedures for registering the domain name for the which the SUPPLIER operates under mandate.

3. Method of supply

The supply takes place according to the formulas identified in art.1. These general conditions are applicable to all services activated even after the first period of validity. These services will be provided under the conditions indicated in their descriptive sheet and will be included in the general conditions of this agreement. The individual services will be activated and deactivated following the established procedures, where not indicated, reference will be made to the general withdrawal provisions of article 8.

4. Guarantee of results

The SUPPLIER undertakes to provide the services with the characteristics compliant with those indicated in the product description sheets on the date of activation of the product itself; without prejudice to the need to proceed with hardware and software updates based on contingent circumstances. It also guarantees a continuity of service (SLA), unless otherwise indicated, of 99.00% referring to the calendar month of calculation, failing which it recognizes compensation equal to the total value of the fees foreseen in the aforementioned calculation period (month) and referring to the service for which the warranty defect condition has occurred. In order for the SLA analysis as defined above to be admissible, the service must be continuously active for the entire calculation period; in the event of disputes on the merits, the procedure described in art. 11 is recognized as applicable.

5. Data responsibility

The CUSTOMER is totally responsible for the data inserted into the part of the stable memory reserved for him by the SUPPLIER and for any disputes connected to the distribution of such data on the network. By signing this agreement, you agree to exempt the SUPPLIER from civil and/or criminal liability arising from the storage and dissemination of the data entered by it which violates any current law or future legislation issued during the course of this agreement.

The CUSTOMER is responsible for any copyright violations caused by data or programs subject to copyright contained in the server and not expressly provided by the SUPPLIER and will be required to indemnify the SUPPLIER from any kind and type of liability arising from such violations, as well as any violations carried out by the CUSTOMER and connected to the use in any way of the DOMAIN NAME as specified above.

6. Technical assistance and maintenance

The SUPPLIER provides hardware and software technical assistance limited to its operating system and the basic services mentioned; interventions carried out on the equipment caused by or relating to anomalies directly attributable to the CUSTOMER's incompetence do not fall within the obligations of this agreement.

Unless otherwise expressly agreed, any form of technical assistance to the customer on programming and/or management problems not directly connected to the functions offered and indicated in the product technical data sheet and directly attributable to the services provided by the SUPPLIER is excluded.

Technical assistance support is provided to the CUSTOMER for the entire contractual period of provision of the service, the methods of use of which will be communicated by the SUPPLIER to the web address specified above.

7. Duration of the agreement

This general agreement has an indefinite duration unless one of the parties provides notice of cancellation, by registered letter with return receipt or by another means of communication, including electronic, provided that it is supported by confirmation from the Supplier, with an advance payment of 15 days on the requested termination date. The individual services are defined, activated or terminated following an indication to this effect from the customer through the portal set up by the SUPPLIER. Communications of activation or termination of services by registered letter with return receipt or other means of communication, including electronic, provided that they are supported by confirmation from the Supplier, 15 days in advance will also be considered equivalent. All services, unless otherwise indicated, are intended to be automatically renewed based on the natural durations indicated in the descriptive sheets. If the CUSTOMER does not have any active service for a period exceeding three months, this general contract is considered terminated."

8. Unilateral withdrawal

If the CUSTOMER withdraws from this agreement before the expiration of the connected services, he/she is still required to pay the entire relevant economic fee also for the period of service not enjoyed as a termination penalty.

The SUPPLIER reserves the right to interrupt the service totally or partially and without notice following serious technical, conduct or economic defaults on the part of the CUSTOMER.

The SUPPLIER is required to notify the CUSTOMER 15 days in advance of the expiry of the contract if, in the absence of defects in conduct on the part of the CUSTOMER, it is no longer able, or does not intend to keep this agreement active at the end of its natural expiry.

9. Economic fees

The CUSTOMER is required to pay the economic fees in the manner envisaged by the type of service and indicated in the request for service, upon presentation of the commercial invoice and by the date indicated on the same or in advance in the cases provided. The CUSTOMER recognizes that any debit of collection and communication costs on the invoice is legitimate. It is possible, for some services, that no economic compensation is foreseen for a contractual period.

It is the CUSTOMER's responsibility to ensure the regularity of their economic position vis-à-vis the SUPPLIER.

In case of late payment beyond the deadline of the tax document, the current late payment fees will automatically be applied; the late payment interest rate for unpaid services is identified as provided for in Article 5 of Legislative Decree no. 321 of 9/10/2002 and calculated 'pro day', with the SUPPLIER having the right to vary, by updating the price lists present on its website, the prices are increasing as part of the increase in the FOI index prepared by ISTAT."

10. Suspension of performance

The SUPPLIER has the right to suspend, without notice, the provision of the service if one of the following cases exists:

1. The parties who agree and declare to submit to the contractual rules and terminologies indicated will hereinafter be referred to as:

2. CUSTOMER the subject who promotes the process of signing this contract in order to use the services provided by the SUPPLIER understood as the subject providing the services referred to in the agreement, legally identified as Madenetwork Srl proposing this service supply agreement.

3. In the following part of the contract, reference will be made to some technical or commonly used names, in particular:

If the suspension of the service is a consequence of paragraphs (a), (b) the SUPPLIER reserves the right to extend the effects of the suspension of the service also to other contractual relationships distinct from the present one, duly established and in place with the CUSTOMER 'suspension' or 'termination' of services means the total impossibility - respectively temporary or definitive - to use the services covered by this contract through any means of telecommunications. 'suspension' or 'termination' of the service will not lead to the immediate destruction of any material present in the services referred to in article 1, material for which - after 15 days from the date of suspension and/or termination of the service - removal from the servers owned by the SUPPLIER and related destruction is deemed authorised. a request for compensation for damages may never be made by the CUSTOMER against the SUPPLIER following what is specified in the previous paragraphs."

11. Competent court

The supply relationship is governed by the laws of the Italian State. For all disputes relating to this agreement, the parties recognize the exclusive and subsidiary jurisdiction of the Court of Rimini; primarily an arbitrator will be competent, who will follow the procedures established by the regulation filed with the Rimini Chamber of Commerce. The SUPPLIER's recourse to one of the procedures provided for in the articles. 633 et seq. c.p.c. will constitute an express waiver of the arbitration clause extended herein.

12. Communications and CUSTOMER headquarters

Any communication relating to the agreement will be made in writing, sent by registered letter with return receipt. or by telegram to the addresses indicated in this agreement and recognized as correct. In any case, if the CUSTOMER indicates an incorrect address or does not have the normal diligence in keeping it updated, the communications will still be considered successful.

13. Effective date; application of reconsideration clause

This contract will come into force immediately between the parties; the effective date of the individual services will be deduced from the availability of the same made by the SUPPLIER to the CUSTOMER through the activation of the requested service. Any subsidiary services to the main one, requested after the activation of the main service, will automatically lapse upon termination of the main service from the above deadline, the term for the so-called 'cooling off clause', in application of the provisions of Legislative Decree no. 185/99, which will apply both to 'consumers' in the meaning provided by law. The deadline for exercising this right is 10 days from the date of activation of the service."

14. Processing of personal data

We inform you that the personal data processed are those provided by you to the SUPPLIER, for the performance of the defined contractual relationship. This article is detailed in the privacy section on the SUPPLIER's website specified above. The consent provided by (CUSTOMER) to the use of their personal data is necessary for the purposes of the execution of this contract also in relation to the activities of third parties indispensable for the fulfillment and verification of the obligations of the processing of their personal data, for pursuant to EU Regulation 2016/679 GDPR is the SUPPLIER; The complete information with the necessary information on the methods of processing personal data, the legal bases, the life cycle of personal data and any other information is available at https://www.madenetwork.it/privacy conferment of all the data inherent to this contract is strictly connected to the execution of the relationship, therefore any lack of consent will make it impossible to execute the contractual relationship.

15. Legal validity

This is only a courtesy translation. Only the Italian version of this agreenment produces legal effects.

December, 1st 2020