PREMISE

These General Conditions of the Service purchased are considered read and accepted by the Customer from the moment in which, by completing the procedure indicated on the site www.webtier.cloud.it, proceeds by selecting the “Accept” option and/or otherwise accesses the Service and/or uses it.

OBJECT

These conditions regulate the supply of the Services provided by Webtier Srl with the technical and economic characteristics, in the type and with the methods reported in the Technical Specifications of the Services themselves.

Any additional service to those covered by the Contract may be provided, following a feasibility study, upon specific request by the Customer under conditions, terms and fees to be agreed upon.

COMPLETION OF THE CONTRACT

The Contract is concluded on the date of correct and timely receipt by Webtier of the payment for the Service.

The activation of the Services will be followed by the sending of the activation confirmation with the access credentials. It is understood, in any case, that the use of the Services by the Customer certifies acceptance of all contractual conditions.

The Customer is responsible for the truthfulness of the information provided and recognizes Webtier's right to collect any additional information for the purpose of activating the Service, in compliance with current legislation.

USER ID AND PASSWORD

Webtier, upon the first request for activation of a Service, will send the identification code (UserID) and a password (password) to the reference email address entered by the Customer during the order phase.

The Parties recognize and agree that such UserID and Password constitute the only suitable means of identifying the Customer when accessing the Services.

The Customer must keep the password diligently and will be exclusively responsible for any damage caused by the knowledge, or use, of the password and/or UserID by third parties.

DURATION, RENEWAL, CANCELLATION AND TERMINATION

The duration of the contract is linked to the duration of the service and takes effect and is valid from the date of activation, i.e. of the relevant payment.

Upon the set deadline, this contract will be considered renewed only upon renewal of the payment of the cost of the pay-as-you-go service.

The Customer can cancel the contract by revoking the acceptance of the contractual conditions with a specific flag on the initial notice.

Fees and payment conditions

The Customer undertakes to pay the amount due at the time of requesting service activation, selecting the "Credit Card - Stripe" payment method during the checkout phase and following the instructions displayed on the screen.

The cost of each Service is indicated in the Technical Specifications of the Services themselves.

The Service is tacitly renewed upon its expiry for successive periods of one year, unless cancellation is sent by one party to the other in a manner suitable to certify its receipt and with notice of at least 15 (fifteen) days before expiry. At the time of renewal, the price list and other contractual conditions in force will apply.

The Customer acknowledges and expressly accepts, now for then, that, unless otherwise communicated by Webtier, the Contract shall be automatically terminated in the event of failure to pay the amount due for the renewal of the Service.

Webtier does not guarantee the success of the renewal procedure if this is requested by the customer after the service has expired or if the payment notification is incomplete in the information.

Right of withdrawal

The Customer, a natural and legal person, has the right to withdraw from the contract at any time, revoking the acceptance of the contractual conditions with a specific flag on the initial notice. Amounts already paid by the Customer will not be refunded.

Customer Obligations

The Customer, when registering on the Webtier site, is required to enter his/her personal data for the execution of the contract, of which he/she guarantees, under his/her own personal responsibility, the truthfulness of the same, and to communicate within 10 days any possible variation. In the event that the Customer has provided Webtier with data that is false or incomplete or data that Webtier has reason, at its sole discretion, to believe to be such, Webtier reserves the right to:

1. refuse the request forwarded by the Customer;
2. suspend, without notice, the services;
3. terminate the contract.

In the event of suspension or termination of the contract, Webtier may request compensation for any further damages from the Customer and it is understood that the Customer may not make any request for reimbursement, compensation and/or damages against Webtier for the period of time in which the Customer has not used the Service.

The Customer undertakes to use the Services with the utmost diligence, so as not to compromise, for the Services offered by Webtier in sharing, the stability, security and quality of the Services themselves, also with regard to the use of others.

The Customer also undertakes not to use the Services for illicit purposes and not to violate in any way all applicable national and international rules, including regulatory ones.

Webtier has zero tolerance for spam. The customer may not engage in spamming or equivalent actions (upload, send programs, transmit or distribute any material that contains viruses, other codes, files or programs designed to compromise, interrupt, destroy or limit the functioning of the network, perform phishing or other equivalent actions of an illicit nature aimed at stealing users' personal data or other confidential information). In such cases, the Customer will be contacted and if he/she does not take immediate action to resolve the problem, Webtier will, without any further notice, suspend the service subject to illicit actions.

It is understood, and the Customer acknowledges and accepts, that Webtier does not provide, unless otherwise agreed in writing, the additional service of backup of contents, connection data and data relating to IP addresses. The Customer may not advance any further claim against Webtier, neither as compensation, indemnity or otherwise and exonerates Webtier now and then from any liability in the event of total or partial loss of data, for whatever reason.

The Customer, therefore, unless otherwise agreed in writing, is required to save the Logs for the duration established by applicable laws and regulations, in order to limit damage, loss of files, memory, documents or any other element of the server.

The Customer undertakes to indemnify and, in any case, hold Webtier harmless from any action, request, claim, cost or expense, including legal fees that may arise from the same due to the Customer's failure to comply with the obligations assumed and the guarantees provided with the acceptance of this contract.

Suspension of performance

Webtier reserves the right to immediately suspend the Service if it believes that the Customer may compromise the stability, security and quality of the Services offered or carries out activities that violate the obligations set forth in this contract. In this case, the Customer must eliminate the causes. In the event of failure to immediately respond, Webtier will have the right to immediately terminate the contract, without prejudice to the right to take action for full compensation for any damages suffered.

In the event of suspension of the service for any reason, Webtier reserves the right to extend the effects of the suspension of the service to other contractual relationships functionally and inseparably connected with this contract, regularly constituted and in existence with the Customer. The suspension or termination of the service will result in the destruction of any material present, after a period of 10 days from the date of suspension and/or termination of the service. No request for compensation for damages may ever be made by the Customer against Webtier following what is specified in the previous paragraphs.

Obligations of Webtier Srl

Webtier undertakes to use the best technology and resources available to provide the services covered by this contract, except for the need to proceed with hardware and software updates based on contingent circumstances.

Operation guarantee

The Services will normally be available 24 (twenty-four) hours a day; however, the Customer acknowledges and accepts that Webtier may suspend and/or interrupt their provision to allow for the execution of ordinary or extraordinary maintenance interventions that are deemed appropriate and/or necessary both to the Server Farm premises and to the servers and/or equipment contained therein. In such cases, Webtier undertakes to carry out the aforementioned interventions in the shortest possible time and to restore the Services as soon as possible, in order to reduce the inconvenience caused to the Customer. The Customer acknowledges and accepts that it may not make any request for compensation, reimbursement or compensation against Webtier for the period of time in which it was unable to use the Services.

Webtier guarantees defined times for each operation, and thanks to technical support, Customers always receive timely and targeted assistance based on the severity of the problem.

Webtier Limitation of Liability

In no event shall Webtier be held liable for any malfunction of the services resulting from causes attributable to telephone lines, electricity lines and global and national networks, including faults, overloads or interruptions, and in any case for events dependent on third parties.

No compensation for damages may be requested from Webtier for direct and/or indirect damages caused by the use or failure to use the Services.

Webtier shall not be held liable for failure to fulfill its obligations resulting from force majeure.

The user undertakes to hold Webtier harmless from all losses, damages, liabilities, costs, charges and expenses, including any legal fees that may be suffered or incurred by Webtier as a consequence of any failure to comply with the obligations undertaken and guarantees provided by the user with the signing of this contract and, in any case, connected to the entry of information in the space provided by Webtier, even in the event of compensation for damages claimed by third parties for any reason.

In any case, Webtier declines any responsibility towards the Customer or third parties for delays or interruptions of the service, specifying that the very nature of the internet does not guarantee the reachability of a website or the delivery of e-mails within certain times.

The Customer releases Webtier from any civil and criminal liability for the illegal use of the services used by him and his customers.

Force majeure, catastrophic events and fortuitous events

Neither party is responsible for failures attributable to fire, explosion or any other unforeseeable and exceptional cause that prevents the provision of the agreed service.

Changes

Webtier reserves the right to change the conditions indicated in this agreement and the fees applicable to this contract at any time by giving notice via email.

This is without prejudice to the Customer's right to withdraw within 15 days via written communication, to be sent via fax or e-mail. In the event of failure to communicate by the Customer, the changes made are considered accepted and will come into force upon the first contractual renewal.

Express termination clause

This contract is automatically terminated pursuant to art. 1456 of the civil code for failure to fulfill even just one of the obligations imposed on the customer.

Automatic takeover in the contract

In the event of transfer or succession of the customer for any reason, the successor will acquire rights and obligations deriving from this contract.

Intellectual and/or industrial property rights

Webtier, with the exception of software managed under license and/or owned by the Customer, remains the sole owner of the rights relating to inventions and programs (including software, documentation and studies, etc.) and anything else that has been created, developed in function of the services purchased by the Customer, who is granted only a limited and non-transferable right of use.

In the event that the Customer violates the industrial and/or intellectual property rights of Webtier or other parties, Webtier, after having notified the Customer, will terminate the contract pursuant to art.

Privacy and protection of personal data

In relation to the Services provided, personal data as well as all materials and programs uploaded by Customers are not accessible to Webtier which does not view them and operates exclusively on the technical level and the hardware and software architecture necessary to guarantee the service. Based on the information collected, where the service involves the processing of personal data, the Customer acknowledges that Webtier presents sufficient guarantees to implement adequate technical and organizational measures so that the processing meets the requirements of EU Regulation 2016/679 and guarantees the protection of the rights of the interested party.

Where the service involves the processing of personal data, the relationships and mutual obligations regarding the processing of personal data will be regulated between the Customer, as the owner of the personal data, and Webtier, as the data controller, pursuant to the General Data Protection Regulation (EU Regulation 2016/679).

The parties hereby agree that in the case of processing of personal data, the choice regarding the security measures defined by Article 32 of EU Regulation 2016/679 will be exclusively up to Webtier, with any agreement to the contrary, even subsequent, that does not contain an express derogation from this point being null and void. If the customer were to process personal data that by their nature or other circumstances require specific security measures other than those normally adopted by Webtier, he/she must promptly notify Webtier in order to evaluate the possible adoption of the necessary security measures and agree on the related costs.

The personal data of employees and/or collaborators provided by the Client to Webtier will be processed by the latter for purposes strictly connected to the execution of this contract and the legal obligations arising from it; the information on the processing carried out by Webtier is published on the website www.webtier.cloud.

Some of the services offered by Webtier may involve the transfer of data abroad, or to countries outside the European Economic Area. In such cases, Webtier guarantees that the transfer of personal data to Third Countries will be carried out, directly or through services used by Webtier itself, to the extent strictly necessary to fulfill the contractual obligation relating to the requested service.

Complaint procedures and jurisdiction

Any complaints regarding any aspect of the contractual relationship and/or the provision of the Service must be forwarded to Webtier, via written communication within 8 (eight) days of the occurrence of the event. Webtier will examine the complaint and provide a response to the customer within 5 (five) days of receiving it. In the case of complaints regarding particularly complex facts, which do not allow for an exhaustive response within the terms indicated above, Webtier will inform the Customer within the aforementioned maximum times on the progress of the practice.

The applicable law is exclusively that of the Italian State. For all disputes relating to this contract the Parties establish and recognize the jurisdiction of the Court of Rome.