These general conditions ("General Conditions" or "Contract") govern the terms and conditions of use that the company De 'Sign SC with registered office in Via Marinella 2/61 - 30020 Eraclea Mare Venezia, VAT number 03575990274, called the "Supplier", will provide the person, whether natural or legal, public or private entities, associations, and all other subjects identified as customers (the "Customer"):
(A) the right to use, through authenticated access to the cloud infrastructure made available by the Supplier, the "Internet Application" or more simply "Application" (which the Customer can access through the URL snappyvcard.com or via the URL dedicated or via native mobile App) hosted on the technical technological infrastructure of the Supplier (located entirely within the European territory);
(B) the management functions as better described on the snappyvcard.com website
This Agreement consists of these General Conditions and the other documents indicated, which all form an integral and substantial part of it for all legal purposes:
The price list is available on the snappyvcard.com website
1. METHOD OF CONCLUSION OF THE CONTRACT
1.1 The Contract between the Supplier and the Purchaser is finalized when the Supplier sends the Registration Confirmation communicated by e-mail to the e-mail address indicated by the Customer during the registration phase as better specified in art.4 of this contract. The Registration, subject to full acceptance of these General Conditions by the Customer, constitutes the final moment of the Contract and allows the activation of the Internet application by the Supplier.
1.2 The customer acknowledges and accepts that he cannot make any request for compensation or claim of any kind against the Supplier. In any case, it is understood that the Customer's access to the Application and the use of the Connected Services certifies the acceptance of all terms and conditions referred to in this Agreement.
2.1 The Customer is required to pay, which is to be made online, the fees for the use of the application and the services indicated in the price list by the supplier (which the user declares as of now to know and hereinafter referred to as the "Price List"). The supplier reserves the right to make changes to the price list, it being understood that the new price list will be applied after the expiry of the paid services subscribed by the customer.
3.1 The Customer acknowledges and accepts that the payment can only be made online using the methods indicated in the specific web page of the supplier.
3.2 In the event of non-payment or delay in payment of any sum due under this Agreement, the Supplier shall have the right to immediately and without further notice suspend any performance due under this Agreement until the due is received.
4. REGISTRATION AND ACTIVATION
4.1 The Customer chooses to register through the snappyvcard.com website
4.2 The Customer will receive a confirmation email to the email address through which he registered, containing the confirmation code for enabling the service.
4.3 The Customer, by entering the confirmation code, will enable his device via Cookie to access the Internet Application to be able to use its functions, using the device through which the registration and confirmation processes have been carried out.
4.4. The Customer undertakes to guard, store, use and keep the Access confidential with the utmost care and diligence, also in order to avoid its use by unauthorized third parties. It is forbidden for the Customer to allow third parties access through the authentication systems provided by the Application.
4.5 In this regard, the Customer acknowledges and accepts:
- That the transfer of their cookies to third parties could allow the latter to improperly use the Application and the Connected Services; - that the Supplier will not be liable for damages caused to the Customer and / or to third parties due to failure to comply with the above provisions; - that any activity carried out using the Customer's credentials (or access through external authentication systems) will be considered carried out by the Customer with whom the relevant Access Keys are associated and the Customer Will be held responsabile for such use.
4.6 The Customer undertakes in any case to indemnify the Supplier from any claim that may be advanced against him for any reason for violations of this article 4.
5. USE OF THE APPLICATION
5.1 The Customer has the possibility to activate a single type of annual subscription of the Internet Application. For this, please refer to the snappyvcard.com website area
5.2 To activate it, it will be necessary to sign the General Contract Conditions.
5.3 For the features, services and features of the subscription, please refer to what is indicated on the snappyvcard.com website
5.4 The user can allow access to the information stored in the Application to other users only in the manner provided for by the Application and only in the cases provided for and expressly indicated therein.
5.5 The Customer may use the Application exclusively in the ways expressly indicated in this Agreement
compliance with the law. Therefore, in doing so, the Customer must comply with any technical limitations
Application and the Connected Services and the methods of use envisaged. The Customer may not:
- publish the Application to allow it to be duplicated by others;
- use the Application in contrast with the law;
5.6 The Customer acknowledges that in order to use the Application he must equip himself with the necessary equipment, telephone and / or network services and anything else necessary and that, therefore, the Application does not include the provision by the Connection Provider for access to the internet. The Customer also undertakes to keep the Supplier harmless from any claim that may be advanced against the latter for any reason or in any way related to the unsuitability of the hardware and / or network and / or software systems designed to allow the correct use of the Application. The Customer acknowledges that the internet network is not controlled by the Supplier and that, due to the peculiar structure of the aforementioned, no public or private entity and not even the Supplier is able to guarantee and monitor the performance and functionality of the branches of the network and to control the contents of the information that is transmitted through its network. For this reason, no responsibility can be attributed to the Supplier for the transmission or reception of illegal information of any nature and kind.
6. MALFUNCTIONS OR BREAKDOWNS
6.1 In the event of failure or malfunction reporting, the Customer undertakes to provide all the specifications and information possibly requested by the Supplier.
6.2 In the cases referred to in the previous point where the complaint by the Customer relates to problems relating to the cloud infrastructure, the Supplier undertakes to promptly request the intervention of the provider of the infrastructure and cloud services (hereinafter the "Cloud Service Provider "), it being understood that the Customer cannot make any kind of claim against the Supplier for any disservice attributable to the Cloud Service Provider.
7. EXECUTION OF THE INTERNET APPLICATION
7.1 The Customer acknowledges and accepts that the Application is provided "as is" and is characterized by constantly evolving technology; for these reasons, the technical characteristics of the Application may be modified when this is made necessary by technological evolution and by supply and / or organization needs.
7.2 The Customer hereby provides his authorization so that the Application and the Related Services can be provided in whole or in part by a Cloud Service Provider or by another person identified by the Supplier.
8.1 The Customer is obliged to communicate his personal data to the Supplier and guarantees that it is correct, updated and truthful. The Customer also undertakes to promptly communicate any changes in personal data useful for the correct issuance of the sales documents relating to the purchase of the services. In case of incorrect data, the Customer is required to notify the Supplier no later than the thirtieth day from the issue of the document.
8.2 The Customer acknowledges and accepts that, if he has communicated false, not current or incomplete data to the Supplier, the latter reserves the right to suspend access to the Application and / or to terminate the Contract pursuant to Article 1456 of the civil code, withholding the sums paid by the customer and reserving the right to request compensation for greater damage. In any case, it is understood that all data communicated by the Customer to the Supplier will be covered by the obligation of confidentiality referred to in this Agreement.
9. RETURN OF DATA
9.1 There is no return of data.
10. LIMITS ON USE OF THE INTERNET APPLICATION
10.1 By activating the Application, the Customer is held solely and exclusively responsible for its use. The Customer acknowledges that he is solely responsible for the contents entered, presented, transited and / or stored on the servers that host the Application and undertakes to use the Application exclusively for lawful purposes and permitted by law. The rules of diligence, morality and public order are applicable and in any case, without infringing any third party rights.
10.2 The Supplier is not required to verify the data and content stored in the virtual infrastructure, unless this is necessary to comply with legal provisions, at the request of the Judicial Authority or other competent Authority or specific request of the Customer for reasons of technical support requested by him and therefore cannot be held responsible in any way for the nature and characteristics of such data, nor for any errors and / or omissions thereof, as well as for any direct and / or indirect damages deriving to the Customer and / or to third parties from the use of the data.
10.3 The Customer undertakes to indemnify and hold harmless the Supplier from any cost, expense or damage that may be caused to it as a result of actions by third parties, including public authorities, resulting from the breach of the commitments referred to in this article.
11. CASES OF SUSPENSION AND / OR INTERRUPTION
11.1 The Supplier, also through the Cloud Service Provider, will make every reasonable effort to ensure maximum availability of the Internet Application. The Customer acknowledges and accepts that the Supplier may suspend and / or interrupt the service to guarantee the ordinary or extraordinary maintenance interventions that are appropriate and / or necessary both to the premises hosting the infrastructure and to the servers and / or equipment therein contained. In such cases, the Supplier undertakes to restore, or to arrange for the Cloud Services Provider to restore, the Application or the virtual infrastructure, as the case may be, in the shortest possible time in order to reduce the inconvenience created for the Customer.
11.2 The Supplier also has the right to suspend and / or interrupt the supply of the Application and
- in case of improper use or violations of this Agreement;
- in the event of breakdowns and / or malfunctions to the network and to the equipment supplying the Internet Application due to fortuitous events or force majeure or which involve danger for the network, for people and / or for things, as well as in the case of changes and / or non-programmable and / or predictable and technically indispensable maintenance; - if there are justified reasons of security and / or guarantee of confidentiality;
- in case of incorrect or non-compliant use of the Application by the Customer or in any case the Customer's failure to fulfill legal obligations regarding the use of IT services and the internet;
- in case of Application problems that cannot be remedied without suspending or interrupting the service, in any case informing the Customer about the intervention times and resolution of the problems encountered;
11.3 In any case, the Customer must notify the Supplier within 24 (twenty-four) solar hours of any irregularities or malfunctions of the Application. Any damage caused by an untimely communication from the Customer will not be attributable to the Supplier.
12.WARRANTIES AND LIABILITIES
12.1 The obligations and responsibilities of the Supplier towards the Customer are those defined in the previous article. In any case of violation or non-fulfillment attributable to the Supplier, the same will respond within the limits set by the SLA remaining expressly excluded, now for then, any other indemnity or compensation to the Customer for direct or indirect damages of any nature and kind. The Customer acknowledges and accepts, now for then, that in all cases in which the SLA does not apply, the Supplier will respond exclusively within the limits of the sum spent by the Customer in the last 12 months.
12.2 The Customer acknowledges and accepts that the Supplier does not issue express or implied representations and warranties that the Application is suitable to meet the Customer's needs or that it is free from errors. The Customer acknowledges that the Supplier, under no circumstances, can be held responsible for any damage that may arise to the Customer or to third parties as a result of delays, non-performance or malfunctions and / or interruptions in the provision of the service. In any case, within the maximum limits permitted by law, the Supplier's liability may never exceed the amount of the sum spent in the last 12 months by the Customer.
12.3 The Customer also acknowledges that the Supplier in no case can be held responsible for any damage that may arise to the Customer or to third parties as a result of the use of the Internet Application as well as of the processing generated by the Application or through the Connected Services, being that the Customer is obliged in any case to verify the correctness of the processing obtained using the Application or the Connected Services.
12.4 Without prejudice to the generality of the provisions of this article 3, the Customer accepts and acknowledges that in no case can the Supplier be held responsible in the event of failures and / or malfunctions to the network nor, in any case, be held responsible compensation for loss of profit.
13. INTELLECTUAL PROPERTY
13.1 The Customer is required to use the Application in compliance with the intellectual and / or industrial property rights of the Supplier and / or third parties. The Customer accepts and acknowledges that the ownership of the Application, including the source codes and any adaptations, developments and improvements made by the Supplier, of the related documentation, as well as all the rights of economic use therein, remain with the Supplier. Any material that is the subject of intellectual and / or industrial property rights in favor of third parties and that is made available to the Customer through the Application, will be used by the Customer in compliance with these rights. The Customer assumes all responsibility in this regard, and undertakes to indemnify and hold harmless, now for then, the Supplier from any prejudicial consequence.
13.2 In the event that the Customer violates the industrial or intellectual property rights of the Supplier and / or third parties, the Supplier reserves the right to terminate the Contract pursuant to article 1456 of the civil code.
13.3 The ownership of all the rights on trademarks, logos, names, and other distinctive signs associated with the Application belongs to the Supplier and / or the Cloud Service Provider, with the consequence that the Customer cannot in any way use them without prior authorization. written by the Supplier and / or the Cloud Service Provider.
14. REGISTER LOG
14.1 With reference to the provision of the Application and Connected Services, the Customer expressly acknowledges and accepts the existence of an activity register ("Log"), compiled and stored by the Supplier or by the Cloud Service Provider. The aforementioned register constitutes proof of the facts and acts performed by the Customer in front of the Supplier and / or third parties; it has the character of absolute confidentiality and may be exhibited and / or provided exclusively at the request of the subjects expressly indicated by the law. The Supplier adopts all the technical and organizational measures necessary to guarantee the confidentiality of the connection logs.
15.1 The duration of the Agreement is agreed from the date of activation of the Application for a period of 1 (one) year.
16.1 The Customer qualified as a "consumer" pursuant to art. 3 of the Legislative Decree. 206/2005 (so-called "Consumer Code"), or anyone who acts for purposes unrelated to business or professional activity, will have the right to withdraw within 10 (ten) days of this Agreement without any penalty, with written communication sent by recommended a / R - De 'Sign SC with registered office in Via Marinella 2/61, - 30020 Eraclea Mare Venice or by certified e-mail (PEC) at email@example.com
16.2 The Supplier reserves the right to withdraw from the Contract at any time and without the obligation to give reasons, by giving written notice to the Customer, with a notice of at least 30 (thirty) days, except in the case of events caused by force majeure, by virtue of which the Supplier reserves the right to withdraw from this contract with immediate effect. Once the term indicated above has elapsed, the Contract must be considered terminated and / or terminated and the Supplier may at any time deactivate the Service without further notice and reimburse the Customer for any amount already paid. In any case, any other liability of the Supplier for the exercise of the right of withdrawal and / or for the non-use of the Service by the Customer or the consequent right of the latter to claim any other reimbursement or indemnity or compensation of any type and gender.
16.3 The customer acknowledges that after the termination of the contract the provisions of article 9 will apply.
17.1 Failure by the Customer of the obligations referred to in articles 8, 13 and 14 of this Agreement, unless determined by chance or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code.
17.2 The right of the Supplier to obtain compensation for all damages suffered is however reserved.
17.3 The Customer may terminate the contract at any time, without any penalty and without claiming refunds or compensation or, by deleting the user and data through the methods provided for by the application.
17.4 The Customer has the right not to renew the Agreement at the end of the license period without notice and without any penalty.
18. UNILATERAL AMENDMENTS AND SINGLE CONTRACT
18.1 The Customer acknowledges and accepts that the Application and the Connected Services are characterized by constantly evolving technology, for these reasons the Supplier reserves the right to improve the technical and economic characteristics of the Application and the Connected Services, of the tools related to them, without this giving rise to obligations of any kind for the Customer.
18.2 If the Supplier changes the contractual conditions in any part, said changes will be communicated to the Customer by e-mail or when accessing the Application. The aforementioned changes will take effect after 10 (ten) days from the date of their communication. Within the same term, the Customer may exercise the right to withdraw from the contract with written communication to be sent in the manner and timing provided for in the previous article 17. In the absence of exercise of the right of withdrawal by the Customer, in the terms and methods indicated above , the variations will be understood as definitively known and accepted by them.
18.3 The Supplier may vary the technical characteristics, the systems, the resources as a result of the normal technological evolution of the hardware and software components, guaranteeing the Customer the same basic functionality.
19. CUSTOMER DECLARATIONS
19.1 The Customer declares to have all the rights and powers necessary to conclude and fully and effectively execute this Agreement.
20. CONFIDENTIALITY OF INFORMATION
20.1 The Customer undertakes not to disclose or make available in any way to third parties the confidential information known or managed in relation to the execution and / or application of this Agreement in the absence of specific written consent of the Supplier.
21. APPLICABLE LAW AND EXCLUSIVELY COMPETENT JURISDICTION
21.1 This Agreement is subject to Italian law.
21.2 If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the consumer's place of residence or domicile of choice, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005. If the Customer does not qualify as a "Consumer", the exclusive forum with reference to any dispute relating to this Agreement, its interpretation or execution, will be the Venice forum.
22. ONLINE DISPUTE RESOLUTION FOR CONSUMERS
22.1 The consumer resident in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and services entered into online. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract entered into with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/). The Data Controller is available to answer any question sent by email to the email address published in this document.
23. FINAL PROVISIONS
23.1 This Agreement cancels and replaces any other previous agreement that may have occurred between the Supplier and the Customer attributable for any reason to the same user (with the same email) and concerning the Service and constitutes the final and integral manifestation of the agreements concluded between the Parts on that object.
23.2 In no case can any breaches and / or conduct of the Customer differing from the Contract be considered as exceptions to the same or tacit acceptance of the same, even if not contested by the Supplier. Any inactivity of the Supplier in exercising or enforcing any right or clause of the Contract does not constitute a waiver of such rights or clauses.
23.3 Unless otherwise specified in the Contract, all communications to the Customer may be made by the Supplier by hand, by e-mail, certified or otherwise, by registered letter with return receipt, ordinary mail to the addresses indicated by the Customer during registration or subsequently by acting on the User panel present in the Application and, consequently, the same will be considered known by them. Any changes in the addresses and contact details of the Customer including the e-mail address indicated in the order phase not communicated to the Supplier in the manner provided for in the Contract will not be opposable to it.
23.4 Except for the cases specifically provided for in the Contract, all communications that the Customer intends to send to the Supplier in relation to the Contract, including requests for assistance, must be sent through the Support area in the Application. From the Support area it will in fact be possible to send an intervention ticket to request technical assistance, guaranteed in the subscriptions.
23.5 Any total or partial ineffectiveness and / or invalidity of one or more clauses of the Agreement will not result in the invalidity of the others, which must be considered fully valid and effective.
23.6 For anything not expressly provided for in the Contract, the Parties expressly refer, to the extent that this is possible, to the laws in force.
23.7 Any complaints regarding the provision of the Service must be addressed to the Supplier via the Support area in the Application. The Supplier will examine the complaint and provide a written reply within 10 (ten) days of receipt of the complaint. In the case of complaints for particularly complex facts, which do not allow an exhaustive response within the above terms, the Supplier will inform the Customer within the aforementioned terms on the progress of the practice. The Customer undertakes not to transfer the contract to third parties without the prior written authorization of the Supplier.
24. TREATMENT OF PERSONAL DATA
24.1 With reference to the processing by the Supplier of personal data of third parties of which the Customer is the data controller and by the latter entered or otherwise processed in the execution of the Contract ("Personal Data of Third Parties"), pursuant to the General Regulations* for the Protection of Personal Data n. 619/2016 ("GDPR"), the Parties acknowledge and agree to comply with the provisions of the information present at https://snappyvcard.com/ en/privacy
24.2. The Supplier reserves the right to access the Customer's data solely for service maintenance purposes and, in any case, only following an explicit request for assistance from the Customer.
24.3 The Customer is aware of the fact that, by enabling certain functions of the platform, he can make public one or more information he has entered in the Internet Application.
24.4 In the same way, the Customer is aware that, by explicitly using some features (eg: Sending the web card through the channels made available by the platform, Communication of URLs dedicated to their "WebCards", Use of the signature generated by Internet Application, etc.) can send and / or make visible one or more information entered by him in the Internet Application.