Customer: the person who promotes the process of signing this contract in order to use the services provided by the SUPPLIER intended as the service provider.
Supplier: service provider legally identified in Utixo Italia Srl, Via Rossignoli 14 - 26013 Crema CR PI 01718220195 share capital iv € 200,000
Subject These general terms and conditions govern the supply and costs of the services provided by Utixo to its Customers and are to integrate with the particular conditions of the individual services.
Methods of provision of services
The Customer may use the service only through remote operations
For reasons of physical security, access by any customer to the Data Center in which the servers are located, only authorized technical personnel, is not permitted under any circumstances. controlled can access the systems
The Service will be available 24 hours a day, seven days a week, excluding and subject to any suspensions for scheduled maintenance interventions for which the supplier will send a notice if performed during the day or at least 2 hours instead if performed at night
The supplier may also, at any time, interrupt the provision of the service if there are justified reasons of security and / or guarantee of confidentiality, also in this case informing the Customer as soon as possible and to the extent possible
In case of malfunction of the infrastructure or server made available to the customer, the supplier adop er will all means reasonably necessary to remedy them as quickly as possible, except in cases where the failures are due to facts not directly attributable to the supplier. In the latter case, the supplier will immediately inform the customer.
Conditions for carrying out the service
The sending of the order, together with the payment of the consideration, implies full acceptance by the Customer of these Conditions and constitutes a contractual proposal pursuant to Art. 1326 cod. civ. towards the supplier who is free to accept or reject said proposal. In case of acceptance, the Contract is finalized with the activation of the Service, followed by the sending of the Activation Confirmation containing the access Credentials. In any case, it is understood that the use of the Services by the Customer certifies the acceptance of all the contractual conditions.
Upon validation by the supplier of the Customer's order and receipt of the payment for the Service, the supplier will proceed to activate the Service and send the Customer - via email - the access codes that allow him to use the service.
The billing period for the Service will start from the date the Customer is sent the e-mail confirming the activation of the service.
The Customer acknowledges and accepts that the Infrastructure and Server made available by the supplier are the exclusive property of the supplier and for no reason, during or following the Service, the Customer will acquire ownership.
Fees and invoicing
For the Service provided, the Customer undertakes to pay the supplier the agreed fee corresponding to the type of Service chosen, as indicated in the purchase order. Invoicing will be in advance.
The following forms of payment are accepted: Credit Card, Bank Transfer, PayPal and SEPA Direct Debit.
Utixo will send before the expiry of the service a proforma invoice indicating the expiring service, the effective expiration date and the possible payment methods. Once the payment has been received and registered, the service will be renewed and the customer will receive a receipted tax invoice with the date of receipt of the payment.
In the event of failure to pay even a single fee, Utixo will automatically suspend the service provided and notify the customer via email.
When the service is suspended, the customer will not be able to have access to data and / or information and / or content entered, transmitted and / or otherwise processed through the service but will have the possibility to reactivate the service by paying the relative proforma invoice for a period of 2 weeks after which the customer's data will be permanently deleted from the Utixo servers. However, Utixo reserves the right to recover any sums due.
For the purposes of applying VAT to contractual payments, the provisions of Presidential Decree 633/72 and subsequent amendments apply.
The Customer may withdraw from the contract, before the expiry date, by communicating it by certified email or by canceling the renewal of the same from its control panel. In this case, however, the Customer cannot claim reimbursement from the supplier of the sums already paid. The services with an annual contract (eg VPS) will in any case be charged for the entire year and not renewed thereafter.
For some types of services it is possible to set up an automatic payment which involves the debit of the overdue amounts on credit card, paypal or SEPA Direct Debit. The user can select this mode independently from his control panel.
Duration of the contract and withdrawal
Some services due to their specific nature provide for an annual contractual commitment with effect from the date of activation of the service (Registration Date) even if they can have deferred payments (monthly / quarterly / half-yearly). With exclusive reference to continuous services, automatic renewal is envisaged for subsequent periods of one year following the initial annual expiry.
The services that require an annual contract are: Antivirus Cloud, Dedicated VPS, Dedicated Servers, PEC, Email Protection Suite, SSL Certificates, Cloud Storage.
For services with an annual contract, the customer may not in any case withdraw from the contract before the end of the year, it is possible to withdraw upon expiry with a notice of at least 45 days via PEC or through the cancellation report present through the control panel. Utixo. In this way the service will not be renewed on an annual basis.
Disseminating, publishing material protected by copyright or copyright and using programs for p2p and more generally for the exchange of files.
Disseminate, publish pornographic content without adequate control over the visitor's age.
Disseminate, publish pedophile content.
Disseminate, publish material that discredits the supplier's image.
Disseminate, publish offensive material against the races, habits, customs or ideas of others.
Sending unwanted advertising and any other form of mass mailing.
Installation and use of software for which it does not hold a regular license for use.
Publication of sites related to gambling and / or betting.
Use of IRC Bot or any other written program used specifically in conjunction with IRC.
Not to disseminate material that in any way attempts to violate the confidentiality of the messages or resources of others causing direct and / or indirect damage to anyone (for example through pirated programs, cracks, keygenerators, viruses or other harmful material).
Not to use the services of the supplier to violate, contravene or contravene the laws in force of the Italian State.
To keep sensitive and / or judicial data on the site in accordance with the law.
In the use of the individual services, the Customer will comply with the regulations published on the Web and, in the absence of specific regulations, will respect the indications of behavior indicated in the Netiquette http://www.nic.it/NA/netiquette.txt .
The Customer undertakes not to carry out intrusion or attempted intrusion activities using the Service (but not limited to: spoofing, sniffing, port scanning). In the event of a breach of this obligation, the provider reserves the right to immediately terminate the Service and terminate the Agreement, subject to claiming compensation for damages suffered. The Customer will be solely responsible for any use of the Service and the infrastructure by its collaborators or by any person to whom the Customer has provided one or more access keys that allow access to the Service or to a part of the same. The Customer will also be exclusively responsible for any consequences related to the loss of his access key.
The passwords provided by the provider to access the services are personal. The Customer, therefore, is the sole and exclusive responsible for them, as well as for their illicit or fraudulent use, also by collaborators and / or employees of the Customer. The Customer bears the costs of any password change. In case of loss, the Customer must immediately notify Utixo.
The Customer undertakes to comply with all the provisions of the law and regulations on the subject, as well as to respect the rights of third parties and to forward the requested information to the Guarantor Authority for the protection of personal data.
The stipulation of the insurance necessary to guarantee damages deriving from the conclusion of this contract or from its execution remains the responsibility of the Customer.
The Customer undertakes to indemnify the supplier from any claims for damages that may be received from third parties due to the activity carried out using the services.
The Customer undertakes to indemnify the supplier from any request for damages forwarded to the latter by third parties.
Limitation of the supplier's liability
The Customer acknowledges that he is solely and exclusively responsible for the activities carried out through the Services or directly or indirectly referable to him, and in particular that he is responsible for the contents and communications inserted, published, disseminated and transmitted on or through services.
It is not allowed to change the security settings without the consent of the provider to prevent the server from being compromised.
Except in cases of willful misconduct or gross negligence of the supplier, the Customer undertakes to hold the supplier harmless and harmless from any burden or harassment of third parties in relation to the use of the services or part of it to the Customer and / or its Customers, updates of the personal data of the customer, or in any case to non-compliance with any of the provisions of law 196/2003 by the customer in relation to the services of the supplier.
The Customer will guarantee and hold the supplier guaranteed and unharmed from any burden or harassment in relation to the attribution of the unreachable status of the Provider's Servers linked to force majeure, or total or partial interruption of the access services or termination of the connection, if due. by force majeure or by third parties. For cases of force majeure we mean events not foreseen and not foreseeable by the supplier and dependent on natural or third party facts, such as but not limited to: explosions, lightning, earthquakes, hurricanes, fires, floods, other natural disasters, strikes .
The supplier will be exonerated from any liability in the event of destruction, loss, theft, damage or deterioration, even if only partial, of the Hardware for any cause not deriving from its own gross negligence.
The Customer will guarantee and hold the supplier guaranteed and harmless from any burden or nuisance in the event of a faulty operation of the system or terminals used by the Customer.
Even when backup by the supplier is foreseen, the customer is in any case obliged to save a copy of the data.
The supplier will be exonerated from any liability in cases of: service interruption ordered by the judicial authority, service interruption due to fluctuations in the bandwidth and / or criticality of the carrier, service interruption due to operations attributable to the fault of the customer or due to incorrect use of the software or due to problems with the software used.
The Customer must communicate via the web using the Trouble Ticketing service at https://shop.serverweb.net/clientarea.php any defect or misalignment with respect to the offer subscribed, in the provision and operation of the Service or call the telephone number and at the times indicated on the website https://utixo.net
No type of free assistance is provided for system problems, errors / malfunctions of the installed applications, defects in the installed software, configurations of services and applications or incorrect maneuvers by the Customer that could create problems of accessibility to the services. The fee for paid technical / system interventions is 50.00 Euro / hour + VAT with a minimum of 30 minutes which will be billed to the Customer if he expressly requests the service.
Telephone assistance will be provided with reaction times in relation to the seriousness of the problem normally within 4 hours on working days (from Monday to Friday from 9:00 to 12:00 and from 14:00 to 18:00), on non-working or after hours via trouble-ticket or e-mail.
The maximum recovery times, if necessary, by Full Backup are guaranteed within 24 hours during weekdays except in cases of force majeure for which the supplier undertakes to restore as quickly as possible.
Specific services and special agreements provide for a direct assistance telephone number.
The data controller is the provider.
The supplier undertakes, in the context of the processing of personal data connected to the performance of the services covered by this contract, to comply with the provisions contained in law 196/2003 and subsequent amendments and additions; the Customer may exercise the relative rights, including consulting, modifying, deleting their data or opposing their processing for legitimate reasons, by contacting the data processing manager.
The supplier undertakes not to disclose the personal data processed to unauthorized persons or to use them for purposes other than those strictly connected to the execution of this contract, without prejudice to legal obligations and any orders from the judicial authority or other authorized authorities. By law.
The supplier undertakes to maintain total confidentiality regarding data and information stored on its servers and in relation to any information to which its technical staff may have access during the execution of the services. Customer data will be physically resident in SOC1 and SOC2 certified data centers.
Suspension of the service The supplier has the right to suspend, without notice, the provision of the service if one of the following conditions exists:
The customer is in a state of arrears deriving from non-payment of fees and / or activation charges for billed services and whose tax documents have expired.
The customer becomes an active part in attempts to violate the information systems of the supplier or third parties by means of the service made available by the supplier.
The CUSTOMER constitutes a dangerous situation, uses unsafe software and / or does not take the minimum precautions to make his service inviolable by third parties, thus endangering the data and services of the supplier and other customers.
the Client defaults or violation of only one of the provisions contained in the Agreement, including those contained in the services Policy of use Utixo
the Customer fails to find, in whole or in part, the demands of Utixo and in any case his behavior is such to generate the well-founded and reasonable fear that he will default on the Contract or be responsible for one or more violations of its provisions
there are well-founded reasons to believe that the Service is used by unauthorized third parties
, cases of force majeure or circumstances occur which, for Utixo's unquestionable judgment, require the carrying out of emergency interventions or related to the resolution of safety problems, danger for the entire network and / or for people or things; in this case, the Service will be restored when Utixo, at its discretion, has assessed that the causes that had determined its suspension / interruption have been effectively removed or eliminated ifreason
the Customer is involved, for any, in any legal dispute or also extrajudicial of a civil, criminal or administrative nature and in any case in the event that said dispute concerns acts and behaviors carried out through the Service and / or the virtual infrastructure,
the suspension is requested by the Judicial Authority
In case of disagreement on invoicing o on the nature of the Services, the Customer is required to notify Utixo Support through a ticket from his customer area within one (1) month from the date of issue of the invoice. In the absence of such notification, and without prejudice to the Customer's right to contest the invoice at a later time, the Customer will be required to pay all unpaid invoices. If no billing correctly Services or on schedule, Utixo reserves the right to bill you or to correct billing at any time, subject to the limitations imposed.