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 Jdk Srl with the technical and economic characteristics, in the type and with the methods reported in the Technical Specifications of the Services themselves.

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

COMPLETION OF THE CONTRACT

The Contract is concluded on the date of correct and punctual receipt by Jdk of the payment of the fee 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 Jdk's right to obtain any further information for the purposes of activating the Service, in compliance with current legislation.

USER ID AND PASSWORD

Jdk, on the occasion of the first request to activate a Service, will send the identification code (UserID) and a keyword (password) to the reference email address entered during the order phase by the Customer.

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 expressly acknowledges and accepts, now and then, that, unless otherwise communicated by Jdk, the Contract must be considered automatically terminated in the absence of payment of the amount due for the renewal of the Service.

Jdk does not guarantee the success of the renewal procedure if this has been requested by the customer after the service has already expired or if the payment reporting 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

When registering on the Jdk website, the Customer is required to enter their personal data for the execution of the contract, guaranteeing, under their own personal responsibility, the truthfulness of the same, and to communicate any changes within 10 days. In the event that the Customer has provided Jdk with data that turns out to be false or incomplete or data that Jdk has reason, in its sole discretion, to believe to be such, Jdk 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, Jdk may request compensation from the Customer for the greater damage and it is understood that the Customer will not be able to make any request for reimbursement, compensation and/or compensation for damages against Jdk for the period of time in which no will have used the Service.

The Customer undertakes to use the Services with the best diligence, so as not to compromise, for the Services offered by Jdk 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.

Jdk has zero tolerance for spam. The customer will not be able to carry out spamming or equivalent actions (upload, send programs, transmit or disseminate any material that contains viruses, other codes, files or programs created to compromise, interrupt, destroy or limit the functioning of the network, carry out phishing or other equivalent actions of an illicit nature tending to steal personal data or other confidential information from users). In this case, the Customer will be contacted and if he does not immediately work to resolve the problem, Jdk will, without any further notice, suspend the service subject to illicit actions.

It is understood, and the Customer acknowledges and accepts this, that Jdk does not provide, unless otherwise agreed in writing, the additional backup service of contents, connection data and data relating to IP addresses. The Customer will not be able to make any further claims against Jdk, either as compensation, indemnity or otherwise and now and then exonerates Jdk 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 harmless Jdk from any action, request, claim, cost or expense, including legal expenses that may arise therefrom due to the Customer's failure to comply with the obligations undertaken and the guarantees provided with the acceptance of this contract.

Suspension of performance

Jdk 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 in violation of the obligations set out in this contract. In this case, the Customer must ensure that the causes are eliminated. In the event of failure to respond immediately, Jdk will have the right to immediately terminate the contract, without prejudice to the right to take action for full compensation for any damage suffered.

In the event of suspension of the service for any reason, Jdk reserves the possibility of extending the effects of the suspension of the service to other contractual relationships functionally and inseparably connected with this contract, duly established and in place with the Customer. The suspension or termination of the service will result in the destruction of any material present, after 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 Jdk following what is specified in the previous paragraphs.

Jdk obligations

Jdk undertakes to use the best technology and resources available to provide the services covered by this contract, without prejudice to 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 Jdk may suspend and/or interrupt their supply to allow the execution of ordinary or extraordinary maintenance interventions that are appropriate and/or necessary both for the Server Farm premises and for the servers and /or equipment contained therein. In such cases, Jdk 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 he will not be able to make any request for compensation, reimbursement or compensation against JDK for the period of time in which he was unable to use the Services.

Jdk 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.

Jdk Limitation of Liability

Under no circumstances will Jdk be held responsible for the malfunctioning 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 facts dependent on third parties.

No compensation for damages may be requested from Jdk for direct and/or indirect damages caused by the use or non-use of the Services.

Jdk cannot be held responsible for failures to fulfill its obligations resulting from causes of force majeure.

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

In any case, Jdk 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 accessibility of a website or the delivery of e-mails in certain times.

The Customer releases Jdk 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

Jdk reserves the right to vary 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

Jdk, 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 Jdk or other subjects, Jdk, after notifying the Customer, will terminate the contract pursuant to art.

Privacy and protection of personal data

With regard to the Services provided, personal data as well as all materials and programs uploaded by Customers are not accessible to Jdk 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 imports the processing of personal data, the Customer acknowledges that Jdk 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 owner of the personal data and Jdk, as data processing manager, pursuant to the Regulation general data protection regulation (EU Regulation 2016/679).

The parties agree from now on 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 Jdk, any contrary agreement, even subsequent ones, which does not contain a express derogation from this point. Should the customer process personal data which by their nature or other circumstances require specific security measures other than those normally adopted by Jdk, he or she must promptly notify Jdk in order to evaluate the possible adoption of the necessary security measures and agree on the relevant ones. costs.

The personal data of employees and/or collaborators provided by the Customer to Jdk will be processed by the latter for purposes strictly connected to the execution of this contract and the legal obligations deriving from it; the information on the processing carried out by Jdk is published on the WebTier website.

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

Complaint procedures and jurisdiction

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

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.