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ServiceSMTP - Terms of Service and Management of Personal Information

GENERAL TERMS OF CONTRACT SUPPLIED BY SW & WORK SaS

The present General Terms and any Additional Terms for the Service requested, listed under art. 2 below, are considered to be read and accepted by the User when, after completing the procedure described at the site www.servicesmtp.net (herinafter indicated as "the Site"), the User selects the option "Accept" or "Send" and in any case obtains access to the Service and makes use of it.



1. DEFINITION OF THE PARTIES

1.1 This contract for the provision of services is agreed between the company SW & Work SaS with registered office in Trescore Cremasco (CR) - Italy, Via della Baldina 7, VAT No. 01107500199, hereinafter simply called "SW & Work" and the User as subscriber of the contract and application form, hereinafter simply called the "User."


2. PURPOSE OF THE CONTRACT

2.1 By submitting an order on the Internet web site www.servicesmtp.net, received by SW & Work, the User requests SW & Work to provide services according to the details indicated on the order itself. Submitting an order and using the services implies acceptance of these general contractual terms and conditions.


3. DESCRIPTION OF THE SERVICE

3.1 The Service consists in SW & Work providing the User with the use of SW & Work's outgoing mail server to send e-mail according to the procedures described on the Internet web site www.servicesmtp.net, following User authentication by username and password. To configure his e-mail account, the User must insert the server, username, and password provided by SW & Work for authentication in the configuration settings of their outgoing e-mail.

3.2 The outgoing mail server provided by SW & Work for sending e-mail will be shared between SW & Work's Users, who must therefore respect the limits of use indicated in the offer published on the Internet web site www.servicesmtp.net


4. PAYMENT AND NON-PAYMENT

4.1 The contract comes into effect only when SW & Work receives from the User the form requesting activation of the service, with all details accepted through the procedures provided for the conclusion of contracts online, together with the payment of the fee required for the type of service selected. The activation of services begins from the date that payment is completed. For the first period, payment of the fee must be made at the time of activation of the service, while for subsequent periods payment of the fee must be completed within the day before expiry. Pursuant to the provisions of Art. 3(1)(e) of Legislative Decree no. 185 of May 22, 1999, the User acknowledges that payment for the service may be made through one of the procedures indicated in the online form, these being bank transfer, credit card, PayPal, PostePay, or Western Union.

4.2 SW & Work reserves the right to unilaterally change the rates or the terms and conditions of this agreement at any time and without prior notice. In this case alone, Users not in agreement will have the right to withdraw from subscription within 30 days from the time that the User receives notice of any such change. In such cases the User will be entitled to a refund of the fee for the outstanding subscription period. The User explicitly agrees that any changes pursuant to this point may also be brought to his knowledge by SW & Work and that the delivery of an e-mail will constitute formal communication of the change.

4.3 Non-payment by the User of the fee agreed for renewal authorizes SW & Work to suspend the service after 15 days from the due date of payment; any sums paid by way of advance payments or deposits will be held by SW & Work to cover expenditure incurred for the preparation and technical design of the service. The User is in any case still required to pay SW & Work the amount due, save the right to compensation for greater damages.

4.4 In the event of a change in the technical and regulatory conditions for the supply of the Services, SW & Work will have the autonomous right to suspend the provision of the Service at any time with 15 days' notice via e-mail to the address linked to this subscription contract.


5. DURATION AND EXTENSION

5.1 The contract is valid for 12 (twelve) months for yearly plans and for 30 (thirty) days for monthly plans.
Available maximum resources for each plan are those indicated on purchase page. The renewal takes place with payment of the new annuity (annual plans) or through the purchase of a new plan (monthly plans) that, in this case, will have different account details.
For this purpose an email notification will be sent prior to the expiration of the service.

5.2 Pursuant to the provisions of Art. 5 of Legislative Decree 185/99 the User acknowledges:
- that he has the power to withdraw from this contract without being required to indicate reasons and/or pay any penalty, within the term of 10 (ten) working days from the time of its conclusion, i.e. from the day that the obligations referred to in Art. 4 of the cited Legislative Decree were met. The right to withdraw referred to in this clause is exercised by sending a written communication within the required term to SW & Work's registered office by registered post with recorded delivery. The communication may also be sent, within the same terms, by telegram, telex, fax or e-mail, provided that it is confirmed by registered post with recorded delivery within the following 48 hours. It is understood, and the Customer acknowledges and agrees, that the provisions of Legislative Decree no. 185 of May 22, 1999, provided for in this contract, do not apply when the User himself acts and concludes this contract for purposes connected to business or professional activity;
- that any complaints may be sent to SW & Work's registered office;
- that the assistance services will be provided through the procedures indicated on the site www.servicesmtp.net


6. THE USER'S OBLIGATIONS, RESTRICTIONS AND LIABILITY

6.1 All data and content sent by the User through the Service are and remain the exclusive property of the User himself: consequently the User assumes any and all liability for such data and content.

6.2 SW & Work is not liable for the content of the information disseminated by the User on the Internet and will not answer in any way for damages caused directly or indirectly by the services provided; the User enjoys the services provided by SW & Work, assuming all civil and criminal liability arising from the use of these services, and freeing SW & Work from all liability in the event of complaints, lawsuits, governmental or administrative actions, losses or damages (including legal costs and fees) arising from any illegal use of the services by the User or one or more of his customers. SW & Work may interrupt the service without prior notice; in that case the User will be refunded for the outstanding period of the service, calculated on the basis of days of unfulfilled service already paid for by the User.

6.3 The User undertakes not to use the Service for illegal purposes, to comply with the rules for its use and not to violate in any way any applicable national or international rules or regulations. The User also undertakes to comply with the rules of Netiquette.
The User explicitly states that he will not directly and/or indirectly carry out spamming, i.e. the sending, via e-mail, of communications that have not been authorized, requested and/or solicited by the recipients.
In particular, it is forbidden to use or permit others to use the Service to do the following (not an exhaustive list):
- perform acts in breach of public morality or public policy or acts with the purpose of harassing individuals, harming other parties, violating or attempting to violate the confidentiality of correspondence;
- send third parties unsolicited and unwanted messages ("spamming"), similarly not to manage an account on behalf of, or in cooperation with, or by selling the service to persons or companies included in the register of known spammers (Spamhaus Register of Known Spam Operations) (ROKSO) at http://www.spamhaus.org;
- make unauthorized attempts to access any account or computer belonging to another party;
- obtain or try to obtain services by using means to avoid paying the fees due;
- intercept, impede, or unlawfully interrupt computer or data communications or reveal their contents;
- violate, suppress or remove computer or data communications correspondence between third parties;
- communicate online in an offensive, injurious or defamatory manner;
- transmit, distribute or store any type of material that violates any law or regulation in force; this includes, without limitations, material protected by copyright, registered trademarks, trade secrets or other intellectual property, pornographic material, defamatory material or material constituting illegal processing of personal details or material violating export control laws;
- violate the privacy of other network users;
- use the Services to interfere with the use of xxxxx's network by other customers or authorized users.

6.4 SW & Work reserves the right to immediately suspend the Service if, at its sole discretion or because notified by third parties, it considers that the User has been carrying out activities through the Service that violate the obligations provided for in this Article. In such cases the User, following notification from SW & Work, also via e-mail, must act immediately to eliminate the causes for the complaint or provide adequate documentation proving that the activities in question are in full compliance with the regulations in force. In the absence of a response, SW & Work will have the right to cancel the contract immediately, save the right to full payment of the fee and SW & Work's right to act for compensation for any damages incurred. It is understood that following verification that spamming has occurred, SW & Work may cancel the contract at its sole discretion in all cases.

6.5 The User undertakes not to exceed the limits of use of the Service purchased, even if this is technically possible. The features of the Service and the limits of use are described on the site www.servicesmtp.net

6.6 SW & Work reserves the right to cancel the contract immediately if, by way of technical verifications or upon notification by third parties, it discovers that the User is exceeding the limits of use provided for the Service purchased, save the right to full payment of the fee and SW & Work's right to act for compensation for any damages incurred.

6.7 The User undertakes to ensure that the personal details communicated to SW & Work for the performance of the contract are correct, updated and truthful. It is understood that in the event that the User does not provide adequate proof of identity, domicile or residence or, if appropriate, of his status as a legal representative, SW & Work reserves the right to refuse provision of the service or, in the event that the service is already active, to suspend it immediately and/or cancel the contract, retaining the sums already paid by the User as a penalty, save the right to claim compensation for additional damages.

6.8 The User is required to promptly communicate any changes in the personal details communicated during subscription to the service. In particular he is always required to ensure that he is available through e-mail, communicating any changes to his e-mail address subsequent to subscription; this is considered by SW & Work to be a valid e-mail address for any communication relevant to the contract.

6.9 SW & Work and the User mutually undertake to ensure that all employees treat all data and personal details of which they become aware or process during their duties with absolute confidentiality.


7. SECURITY

7.1 Access to the Service is permitted through an identification code (username) and a password. The username is public information, while the password is a secret code without which it is impossible to access the Service. The User is aware that if any third party discovers his password they will be able to use the Service in the User's name. The User is therefore required to keep the password completely confidential and is liable for any damage resulting from any third party's knowledge of the password.

7.2 The User undertakes to inform SW & Work immediately of any theft or loss of confidentiality of the password and will remain responsible for any use of the Service up to the time of such communication. The User also undertakes to inform SW & Work immediately of any unauthorized use of his username and/or password or any other security violation of which he becomes aware.


8. SYSTEM FEATURES AND FUNCTIONS

8.1 The User acknowledges and notes that SW & Work's data communication service is based on a system that may be physically located both in Italy and in other countries depending on the technical resources necessary for the proper provision of the service.


9. SW & Work's LIMITS OF LIABILITY

9.1 In no event shall SW & Work nor any other party who has taken part in the creation, production or supply of SW & Work's services be held liable for any direct or indirect, inherent, special or consequential damages of any kind, both contractual and extra-contractual, resulting from the activation or the use of SW & Work's services and/or the interruption of operation of xxxxx's services. The provisions of this Article remain valid and effective even after the termination of the duration of this contract, by means of expiration of the terms, cancellation or withdrawal from it.

9.2 In no event shall SW & Work be held liable for the malfunction of the services resulting from events under the responsibility of global and national telephone or electrical networks, such as power failures, overloads, interruptions, etc.

9.3 SW & Work cannot be held liable for compensation for direct and/or indirect damages caused by the use or non-use of the services. In the event that the User incurs damages, he only entitled to request a refund of the price paid for any period during which the service itself was not used.

9.4 SW & Work cannot be held liable for breaches of its obligations that arise from causes outside the sphere of its foreseeable control or events of force majeure.

9.5 SW & Work cannot be held liable for non fulfillment of obligations by third parties that affect the operation of the data communication services provided to the user, including, for example, slowdowns in speed and failure of the telephone lines and computers that manage the data communication traffic between the User and SW & Work's system.

9.6 The User undertakes to indemnify SW & Work for any losses, damages, liabilities, costs, charges and expenses including any legal fees that may be incurred by or charged to SW & Work as a result of any breach of the obligations assumed and guarantees made by the User when signing this contract or application form and those connected to uploading information to the space provided by SW & Work, including any hypothetical claims for damages by third parties for any reason.

9.7 Regarding the terms and conditions for provision of the services, the User acknowledges that SW & Work does not make any guarantee that the service is perfectly suited for any particular purposes. Furthermore, no guarantee can be made concerning the constant usability of the service due to the specific structure of the Internet, involving many different entities. In this sense the User agrees not to hold SW & Work liable in the event of losses or damages of any type resulting from the loss of data, impossibility to access the Internet, impossibility to send or receive information caused by, or resulting from, delays, cancelled transmissions or service interruptions.


10. FORCE MAJEURE, NATURAL DISASTERS, AND ACTS OF PROVIDENCE.

10.1 Neither party is liable for failures caused by fires, explosions, earthquakes, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, wars, insurrections, riots, strikes and any other unpredictable and exceptional event that impedes the provision of the agreed services.


11. SW & Work's OBLIGATIONS

11.1 SW & Work undertakes to maintain the efficiency of the service offered: in the event that it is forced to interrupt service because of exceptional events or for maintenance, SW & Work will be responsible for restoring the services as quickly as possible to reduce the risk of disruption of any kind to a minimum. SW & Work will establish appropriate procedures for access to the services and reserves the right to improve them at any time in order to improve efficiency. SW & Work will provide the customer with all the technical specifications needed to access the services.

11.2 SW & Work also reserves the right to interrupt or temporarily suspend the Service at any time at 48 hours notice sent to the User, also by email, for any maintenance or update operations.


12. PROCESSING OF PERSONAL DETAILS - LAW NO. 675/96 and Legislative Decree No. 196/03

12.1 Personal details from the registration form will be collected and stored at the premises of SW & Work in order to comply with fiscal and tax requirements and any other obligations necessary to activate, manage and/or maintain the services provided by SW & Work. It is not mandatory to provide the details and any refusal will not have any consequence but could result in the failure of xxxxx's employees to provide the requested services. The personal details directly or indirectly provided by the User to SW & Work are protected by Law 675/96 and subsequent amendments and supplements, and by Legislative Decree No. 196/03, which makes provisions to protect persons or other parties with regard to the processing of personal details; they will therefore be used for the full execution of the contract and for the obligations provided for by law or required by the pertinent authorities.


13. STARTING DATE AND EXPIRY

13.1 This contract is effective between the parties starting from the activation date, communicated by e-mail, until the expiry date of the contract.


14. TAX CHARGES

14.1 Any tax charges arising from the execution of the contract, including any taxes for advertising activity, shall be borne by the user.


15. CANCELLATION CLAUSE

15.1 SW & Work reserves the right to cancel the contract pursuant to Article 1456 of the Civil Code by simple written notice communicated by e-mail in the event of a breach of the obligations stipulated in points: 4. PAYMENT AND NON-PAYMENT, 6. THE USER'S OBLIGATIONS, RESTRICTIONS AND LIABILITY and 7. SECURITY. xxxxx's rights to collect fees for the contracted services remain unaffected in all cases, even if the services have not been fully utilized.


16. JURISDICTION

16.1 The parties agree that in the event of any dispute arising from the application of this contract the Court of Crema (CR), Italy will have sole jurisdiction.


Approval of clauses pursuant to Articles 1341 and 1342 of the Civil Code (so-called unconscionable clauses)

Pursuant to Articles 1341 and 1342 of the Civil Code the parties expressly approve the contents of the following clauses, having carefully read them:

4. PAYMENT AND NON-PAYMENT
5. DURATION AND IMPLIED EXTENSION
6. THE USER'S OBLIGATIONS, RESTRICTIONS AND LIABILITY
7. SECURITY
9. SW & Work's LIMITS OF LIABILITY
10. FORCE MAJEURE, NATURAL DISASTERS, AND ACTS OF PROVIDENCE.
15. CANCELLATION CLAUSE
16. JURISDICTION


NOTICE pursuant to Art. 13 of Legislative Decree 196/2003

We inform you that Legislative Decree no. 196 of June 30, 2003 ("Code on the protection of personal details") provides for the protection of persons and other parties with regard to the processing of personal details. According to this legislation, processing of details will be based on the principles of propriety, lawfulness, transparency, and the protection of personal privacy and rights. Pursuant to Article 13 of Legislative Decree no. 196/2003, we therefore provide you with the following information:
1. The details provided by you will be processed for the following purposes: management and implementation of the contract for the provision of the services to which you have subscribed; organization, management and implementation of the provision of services, including communication of the details to our third party suppliers; meeting the obligations provided for by law or required by the pertinent authorities.
2. The processing of details will be performed in following procedures: assistance of computer/manual tools.
3. It is essential but not mandatory to provide these details and any refusal will not have any consequence but could result in SW&Work's employees failing in the timely performance of the services you purchased.
4. Except as strictly necessary for the proper performance of the supply contract, the details in question will not be communicated to other parties, nor will details be disseminated without your express consent.
The processor of the details is SW & Work SaS located in Trescore Cremasco (CR) - Italy, Via della Baldina 7, to whom you can appeal in order to assert your rights as provided for by Art. 7 of Legislative Decree no. 196/2003, which we provide in full below:

Article 7
(Right of access to personal details and other rights)
1. The interested party has the right to obtain confirmation as to the existence or non-existence of personal details regarding himself, even if not yet recorded, and the communication of such details in an intelligible form.
2. The interested party has the right to obtain information on:
a) the source of the personal details;
b) the purposes and procedures for processing thereof;
c) the logic applied in the event that processing is carried out with the assistance of electronic tools;
d) identification of the details manager, details processing supervisors and the designated representative pursuant to Article 5, paragraph 2;
e) the parties or categories of parties to whom the personal details can be communicated or who may become aware of said details in their capacity as designated representatives within the national territory, details processing supervisor, or persons performing processing of details.
3. The interested party has the right to obtain:
a) the updating, correction or, when interested in such, the integration of the details;
b) deletion, transformation into anonymous form or blocking of details that have been unlawfully processed, including details the retention of which is unnecessary for the purposes for which it was collected or subsequently processed;
c) certification that the operations referred to in letters a) and b) have been brought to the attention (also as regards content) of the parties to whom the details were communicated or divulged, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
4. The interested party has the right to object, in whole or in part:
a) on legitimate grounds to the processing of personal details concerning himself, even if this is relevant to the purpose of collection;
b) to the processing of personal details concerning himself for the purpose of sending advertising material, targeting direct sales, or conducting market or business communication surveys.


Consent form
Having been informed of the above information, provided pursuant to Art. 13 of Legislative Decree 196/2003, the User agrees to the processing of the personal details provided as described above.


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