Terms & Conditions
GENERAL CONDITIONS WEBSITE CREATION
The purpose of this contract is to establish the relationship between sitoconveniente.it, property of GALAXY PICTURES srl with headquarters in P.zza Luigi di Savoia, 22 – 20124 Milan (MI) – Italy (from now on only more “SITOCONVENIENTE” for both jointly) and the Customer (indicated on this contract as “CLIENT”).
- SERVICE ITEM
This contract covers the provision of services and/or the sale of goods. What is described in this contract and in the web page where the description of the service at the time of the order, represent the general conditions and the description of the services offered by SITOCONVENIENTE to the CLIENT. All services not included in the aforesaid agreement have costs and times to be agreed from time to time with the CLIENT.
- MATERIAL DELIVERY
The CLIENT undertakes to deliver to SITOCONVENIENTE the provisions and complete material (such as, by way of indication and not exhaustive, images, texts, videos, documents, brochures, etc.). The delivery can also take place by uploading files and filling in the appropriate text fields in an online form. SITOCONVENIENTE may decide to refuse the material received for both technical and other reasons and therefore request its replacement. The provision of the services within the established time limits is strictly dependent on the delivery of the material by the CLIENT. If the services covered by this contract cannot be provided or are provided late due to non-delivery of the material, or due to material that does not comply with SITOCONVENIENTE’s standards, the CLIENT shall in any case be required to pay the full amount of the consideration. Should the non-delivery of the said material by the CLIENT exceed the terms provided by 30 days, SITOCONVENIENTE shall have the right to terminate the contract for non-performance, without prejudice to compensation for damages (art. 1453 of the Italian Civil Code), established at 50% of the total value of the services.
- COPYRIGHT AND OWNERSHIP
In accordance with the provisions of Law 633/1941 and subsequent amendments and additions, the provision of the services/products described, does not imply for the Customer the ownership of the materials produced by SITOCONVENIENTE, but the assignment of a right of use in accordance with the terms indicated in the article “License Terms” of this contract. What is produced by SITOCONVENIENTE is to be considered exclusive property of the portal and is protected nationally and internationally by copyright and other intellectual property rights.
- LICENSING TERMS
Through this contract, SITOCONVENIENTE assigns the CLIENT a non-exclusive right to use the works described – during the purchase phase – in the web page where the description of the service is reported.
- The CLIENT is authorised to use the works without any right to legitimate ownership;
- The CLIENT is not authorized to:
- access any sources for any purpose (including appropriation, copying, reuse, etc.);
- transmit or provide access to any sources to third parties;
- sub-licensing, renting, selling, leasing, distributing or otherwise transferring the works or any part of them.
- Any third party works used for the realization of the work, maintain their license.
- ALTERATION WORK DONE
Should it be found that the optimization interventions developed by the specialists of SITOCONVENIENTE should be rendered useless by parallel activities undertaken by the CLIENT (directly or indirectly), the warranty of the contract shall be considered null and void, as well as any kind of liability related to the above mentioned. In order to restore the work carried out, if necessary, the CLIENT shall pay SITOCONVENIENTE the amounts to be agreed between the parties.
Payment for the service must be made in advance. 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 the maintenance of all services (including domain, hosting, assistance, etc.) are entirely at the expense and responsibility of the CLIENT. SITOCONVENIENTE does not provide hosting services directly, but uses services on behalf of third parties, or intercedes on behalf of HOSTeria Digital. The renewal of the services and the domain will therefore take place through direct interaction between the CLIENT and HOSTeria Digital.
- PAYMENT METHOD
The services offered by SITOCONVENIENTE – subject of this contract – shall be paid by the CLIENT in advance by bank transfer, PayPal or other methods made available by the portal or agreed with the CLIENT in case of direct contact. The coordinates and other forms of payment can be viewed on the website: www.sitoconveniente.it. SITOCONVENIENTE will not begin the work, nor will it proceed with the registration of the domain and hosting service requested, until the amount due for the service ordered is credited. If the delay is longer than 30 days from the placing of the order by the CLIENT, SITOCONVENIENTE reserves the right to cancel the order and to proceed with the cancellation of all materials received, without any return.
- DURATION, CONCLUSION AND TERMINATION OF THE CONTRACT
The contract is valid for the time necessary to carry out the processing, until activation and, therefore, the delivery of the work. At the end of the contract, SITOCONVENIENTE shall provide the CLIENT with an additional 7 days of free assistance that may be necessary for minor changes related to possible small formatting errors. SITOCONVENIENTE is not responsible for the services of third parties (domain, hosting, etc.).
- LIABILITY LIMITATIONS
The CLIENT is the sole owner of the site created and becomes its publisher, autonomously managing the contents and all legal aspects related to them, without any responsibility of SITOCONVENIENTE.
SITOCONVENIENTE, therefore, is in no way responsible for the contents of the website made directly available by the CLIENT, nor for the modifications made by the CLIENT after delivery, nor for any damages, direct or indirect, caused to the CLIENT in case of omissions relating to the publication on the website of information required by law.
SITOCONVENIENTE is not responsible in any case for delays in delivery in case of malfunction/faults of services such as telephone lines/internet, electricity and global and national networks. As an independent and autonomous company, the CLIENT undertakes to relieve SITOCONVENIENTE from any responsibility for any breach due to force majeure or fortuitous events, such as natural disasters. In entrusting the assignment to SITOCONVENIENTE, the CLIENT declares that the product/service being advertised is free from defects and that the information contents correspond to the advertised product/service; therefore, SITOCONVENIENTE, in receiving the assignment, is neither civilly nor criminally liable for the information it publishes on the commissioned sites. In fact, SITOCONVENIENTE advertises on the web products/services reported by its Customers, but is not required to verify their contents and characteristics.
- OBLIGATIONS OF THE CLIENT
When signing the order, the CLIENT authorizes SITOCONVENIENTE to provide all necessary data (including personal data) to third parties involved, such as -for example- hosting service providers and domain registration authorities. Failure by the CLIENT to pay the amount due to third parties is not the responsibility of SITOCONVENIENTE, which is therefore not responsible for any suspension of the service. The CLIENT shall use the services made available by third parties through the intercession of SITOCONVENIENTE, assuming all responsibility for its actions. The right to the software, procedures, systems, style and solutions, including those of an artistic, graphic and literary nature, is to be considered as regards the paternity component of the work (art. 20 copyright law) in the ownership of SITOCONVENIENTE. Therefore, the CLIENT shall not be entitled to claim any claim in relation to the aforementioned right, even after the termination or interruption of the contractual relationship. The CLIENT, as full and exclusive owner of all rights of exploitation of its trademark, authorizes SITOCONVENIENTE to use the trademark and company name for promotional and demonstration purposes related to the provision of its services. The CLIENT authorizes SITOCONVENIENTE to add in its website www.sitoconveniente.it and in the information and/or advertising material its own brand and its name as customer company. Finally, the CLIENT authorizes SITOCONVENIENTE to affix – in a discreet manner – on the website created a link to the portal https://www.sitioconveniente.it
- CLIENT’S DECLARATION
The CLIENT represents and warrants: (I) that the material provided by the CLIENT (trademarks, texts, images, advertising messages, etc.) will be used by SITOCONVENIENTE for the provision of the Services; (II) that the said material fully complies with the regulations relating to commercial communication, with reference to the existing IAP (Istituto Autodisciplina Pubblicitaria) regulations and any other specific regulations relating to commercial communication; furthermore, the CLIENT declares and guarantees that it owns the rights to said material; (III) that said material is lawful and that it is – or will be -, at the time of activation of the Services, duly authorized by law, that it is produced in full compliance with all legal requirements, regulations and, in general, public order regulations, including, by way of example only, the regulations on games, prize competitions, etc.. (IV) that the aforementioned material does not infringe or will infringe, at the time of its diffusion, the rights of third parties, including: competitors, market and users. SITOCONVENIENTE reserves the right to refuse the dissemination of texts, images and advertising messages that may be harmful to competition, the market or users. The CLIENT shall indemnify and hold harmless SITECONVENIENTE harmless from any negative consequence deriving from the violation of the above, from any action or claim made by third parties against SITECONVENIENTE in relation to the Services provided to the CLIENT, as well as from any damage or loss of profit caused by the supply and/or use of the Services, including those of third parties. SITOCONVENIENTE, on the basis of research and analysis carried out in order to better carry out the activities covered by this contract, shall create the graphic aspect of the website and shall organise its contents according to logics relevant to the sector and market segment to which the CLIENT’s activity refers. Therefore, the CLIENT, having accepted all the clauses of this contract, shall place full trust in SITOCONVENIENTE, thus undertaking not to interfere with technical choices made by SITOCONVENIENTE in order to best carry out the activities covered by this contract. However, SITECONVENIENT undertakes to take the utmost account of all suggestions and ideas provided by the CLIENT.
- APPLICABLE LAW and COMPETENCE FORUM
The applicable law is exclusively Italian. For all matters not covered by these General Conditions, express reference is made to the provisions of law. The Parties shall use their best efforts to settle any dispute that may arise in connection with the Service provided. For any dispute that may arise from the interpretation, execution, termination or cessation of this agreement, the parties agree to submit to the exclusive jurisdiction of the Court of Milan (Italy), unless the Customer has acted and concluded this contract as a Consumer for purposes unrelated to the business or professional activity carried out; in this case the Court of the place where the Customer has his residence or domicile, if located in the territory of the Italian state, shall have exclusive jurisdiction.
- DATA PROTECTION
With reference to the provisions of the Legislative Decree. 196/2003 and subsequent amendments, we inform the CLIENT that all company data in this contract and in any other support provided by SITOCONVENIENTE will be used exclusively for accounting, administrative purposes, for the provision of services and communications of the business relationship in question. The CLIENT authorizes SITECONVENIENT to send commercial information by e-mail. The CLIENT may at any time request the cancellation of such data to SITOCONVENIENTE. The data controller is GALAXY PICTURES srl. The CLIENT declares to have read this contract, to share its contents and to accept it. Pursuant to art. 1341 et seq. of the Italian Civil Code, the clauses of this contract are specifically approved as they are in accordance with the will of the Parties.
The sale is concluded at the premises of the company, through its website or by telephone.