General Terms of Supply

  1. Definitions

The parties agree and declare to be subject to the contractual rules and the indicated terminology, hereinafter referred to as:

  • CLIENT: the entity promoting the process of signing this contract in order to use the service provided by the SUPPLIER.
  • SUPPLIER: the entity providing the service as per the agreement, legally identified in REAL TECH SRL, via A. Manzoni 15, 24030, Mapello (BG), Italia proposing this service supply agreement.

In the following sections of the contract, reference will be made to certain technical or commonly used terms, in particular:

  • PRODUCT/HOSTING/SERVICE: allocation of physical/logical resources by the SUPPLIER for the benefit of the CLIENT in a non-exclusive form and with predefined characteristics that cannot be modified by the CLIENT. Typically, this enables the CLIENT to utilize the necessary resources to operate a website with all the functionalities declared in the technical specifications available at https://icbs.it.
  • DOMAIN NAME: a mnemonic name that uniquely identifies an IP resource on the network. The SUPPLIER will manage the registration of the DOMAIN NAME with the appropriate authorities on behalf of the CLIENT and, for the validity years of this contract subsequent to the first, its maintenance.
  1. Premises

The SUPPLIER has an organizational division operating under the brand ICBS through the website https://icbs.it as an Internet Presence Provider and with a geographical address.

The CLIENT has equipped itself with all necessary accesses, connections, telecommunications devices, and software in order to be able to use and benefit from the service offered by the SUPPLIER. The costs of using the telephone line to connect to the SUPPLIER and the necessary devices are the responsibility of the CLIENT.

  1. Subject

The SUPPLIER offers the CLIENT the opportunity to establish the conditions that allow them to benefit from the requested services with the characteristics and performance defined by the chosen type as stated in the technical data sheet of the product or on the invoice for the SERVICES, which is an integral part of this agreement. The total or partial transfer to third parties, defined as 'resale' of the services subject to this agreement is permitted, subject to the responsibilities and limitations established.

Any service defined as ancillary to the service outlined in the contract's subject, which may be requested by the CLIENT even at later stages after the signing, is subject to the conditions of this agreement and is considered a solid component of the service. The registration of the DOMAIN NAME is to be considered an ancillary service with respect to the subject of the contract and follows its fate. The applicable contractual scheme will be that of leasing things or a license for use, whereby the CLIENT will never acquire ownership of the services rendered, excluding from this clause the effects arising from any procedures for the registration of the DOMAIN NAME.

The online transmission of the service request form by the CLIENT to the SUPPLIER and the payment of the requested fee constitute full acceptance of the general conditions set forth in this contract.

For the purposes of adhering to this contract, the CLIENT provides the SUPPLIER with their personal data. The SUPPLIER reserves the right not to activate or to suspend the service at any time if the data entered is found to be incorrect or nonexistent.

  1. Methods of Supply

The supply (hereinafter referred to as ‘Service’) takes place according to the previously defined HOSTING, DOMAIN NAME, and SERVICES formulas. The Service will generally be available 24 hours a day, every day of the year, except for any ordinary or extraordinary maintenance interventions that may result in the suspension of the Service.

In any case, the SUPPLIER shall not be responsible for any interruptions of the Service, nor does the SUPPLIER guarantee the continuity of the Service, the integrity of the data stored or sent through the SUPPLIER's system and/or over the Internet.

The SUPPLIER may also suspend the provision of the service in the presence of justified security problems and/or confidentiality guarantees, even beyond the 24 working hours limit, ensuring timely communication to the CLIENT.

In addition:

  • No minimum duration of the contract is required
  • Cancellation period: 60 days before the service expiration date
  • The enabled payment methods are:
    • Credit card
    • PayPal
    • Stripe
    • Netopia
    • Bank transfer
  1. Assignment of Identification Code

The identification code used to access the service and the related password are assigned by the SUPPLIER exclusively to the reference email provided by the CLIENT at the time of signing the contract. The CLIENT is required to keep the password with the utmost care, maintaining the confidentiality of all various codes communicated in the activation letter for the entire duration of the subscription.

The CLIENT will be solely responsible for any damage caused by the knowledge or use of the password or identification code by third parties. The CLIENT agrees to immediately communicate any changes, theft, loss, or appropriation by third parties of the password or identification code exclusively to the SUPPLIER via registered letter and in advance via email.

  1. Domain Name

The registration of the DOMAIN NAME will take place in accordance with the timelines and methods established by the relevant Authorities within the regulations of "usage assignment" and the technical procedures.

The CLIENT agrees to provide the SUPPLIER with the necessary documentation to formalize the request for the assignment of the DOMAIN NAME. The CLIENT acknowledges that the SUPPLIER cannot be held responsible for the failure to assign, register, and/or maintain the DOMAIN NAME, nor for its revocation or suspension for reasons related to the strict competence of the aforementioned Authorities, nor for the initiation of any dispute procedures regarding the DOMAIN NAME by third parties.

The CLIENT hereby authorizes the SUPPLIER to transfer the identification data provided by him outside the national territory if this is necessary for the registration of the DOMAIN NAME.

The CLIENT acknowledges and accepts that the registration of the DOMAIN NAME involves the inclusion of the identification data provided by him in a public register.

The CLIENT substantially and procedurally indemnifies the SUPPLIER, keeping it harmless from any loss, damage, liability, cost, and expenses, including legal fees, arising from the registration and use of the DOMAIN NAME, including, by way of example but not limited to, actions for violations related to trademark rights, copyright, name rights, and other personality rights, unfair competition, and any other behavior deemed contrary to current regulations.

The CLIENT acknowledges that the failure to assign the DOMAIN NAME for any reason not attributable to the SUPPLIER does not constitute a valid reason for requesting a refund of the amount paid, which will be retained as an 'administrative procedure fee' for which a regular invoice will be issued.

  1. Technical Assistance and Maintenance

The SUPPLIER provides hardware and software technical assistance limited to its operating system and the basic services mentioned; interventions performed on equipment caused by or related to anomalies directly attributable to the CLIENT's negligence are not included in the obligations of this agreement.

Any form of technical assistance to the CLIENT regarding programming and/or management issues not directly related to the functionalities offered and indicated in the product data sheet and directly traceable to the services provided by the SUPPLIER is excluded.

Technical assistance support for the CLIENT is provided for the entire contractual period of service provision, and the methods of access will be communicated by the SUPPLIER to the web address specified above.

  1. Warranty and Limitation of Liability

The CLIENT agrees that shared hosting is to be used for hosting websites and web applications that do not cause a performance impact greater than that of a typical website used by a small or medium-sized business. The CLIENT agrees that disk space on the server will be used according to these limitations. This means that the CLIENT will not install or use the shared hosting environment to host the following types of applications:

  • Video or audio streaming services,
  • Game servers,
  • Proxy servers or anonymization scripts,
  • BitTorrent servers (trackers) or clients,
  • Malicious scripts and/or data containing programming code such as viruses, trojans, etc.,
  • Scripts and content that deceive users (phishing sites) or are illegal,
  • Scripts for mass messaging that cannot be limited to a maximum number of simultaneous messages as defined in these Terms,
  • Content that encourages illegal behavior,
  • IP scanners, penetration tools, or other tools used by hackers,
  • Pornographic and violent content and documents containing hate speech,
  • Advertising servers and scripts for ad exchanges or links,
  • Mirror sites.

The CLIENT guarantees the originality of any information, program, data (hereinafter referred to as 'Materials') entered via their identification code and/or password, in any form (text, graphics, image, sound, photo, video, etc.) within the HOSTING service, or more generally on the internet.

Any materials protected by copyright may only be entered into the aforementioned areas or spaces if the CLIENT has obtained the associated usage rights from the copyright holder, thus only with the written permission of the rights holder and with the obligation to cite the source and the existence of the permission. The CLIENT assumes full responsibility for the accuracy and truthfulness of the Materials entered, on their own behalf and/or on behalf of third parties, and ensures that the Materials are in their legitimate possession, do not violate mandatory regulations, and do not infringe any trademarks, intellectual property rights, industrial rights, or other rights of third parties arising from current legal provisions or customary practices. In any case, the entered Materials must not present any forms and/or contents of a pedo-pornographic, pornographic, soft-core, obscene, blasphemous, defamatory, political, religious, drug-related, or illegal nature in general. In the event of a violation of the aforementioned rules, the SUPPLIER shall have the right to remove the entered Materials without any obligation to provide prior notice.

The CLIENT further acknowledges that it is prohibited to use or allow others to use the service in question, particularly for spamming, which involves sending unsolicited and unwanted messages to third parties; creating deep linking, which means linking from one page of a website to another while bypassing the relevant Home Page; creating deep linking, which means linking from one page of a website to another, skipping the relevant Home Page, unless otherwise agreed upon by the interested parties; sending correspondence that is against morality and public order or intended to disturb public or private peace, cause offense, or direct or indirect harm to anyone; intercepting, obstructing, or unlawfully interrupting computer or telecommunication communications or revealing their content; violating, stealing, or suppressing electronic or telecommunication correspondence between third parties; communicating online in an offensive, insulting, or defamatory manner; violating the privacy of other internet users; directly or indirectly violating the laws of the Italian State or any other State.

The CLIENT is aware that uploading and/or downloading any programs, files, or information from the Internet is done at their own risk. The CLIENT shall substantially and procedurally indemnify the PROVIDER, holding them harmless from any loss, damage, liability, cost, and expenses, including legal fees, arising from any violation of the aforementioned regulations.

The CLIENT agrees to use the web space potentially purchased and made available by the PROVIDER solely for the publication of the website and not as a storage facility, i.e., as a tool for merely archiving files and/or material downloadable from other sites.

The CLIENT will not use the services of the PROVIDER to violate or allow violations (directly or indirectly) of current Italian and European regulations.

It is also prohibited to upload, install, or use interactive applications (chat). This includes scripts written in PHP, Perl, Python, Ruby, or any other language, as well as IRC scripts or bots. Any application that enables real-time communication (such as online chat for customer support) or other chat applications is not allowed.

Forums and any other application that allows comments must be protected by some form of anti-spam protection or require manual administration of comments. Any application that does not comply with these rules will be considered infected according to these Terms.

The CLIENT is prohibited from installing, uploading, or using applications that are exclusively used for sharing, uploading, or distributing any type of multimedia files (images, audio, or video), whether for payment or for free.

The CLIENT will only install, upload, or use applications that have been thoroughly tested and are production-ready. Using shared hosting as a development or testing environment is not permitted.

The PROVIDER shall not be liable for delays, malfunctions, suspension, and/or interruption—neither to the CLIENT nor to any parties directly or indirectly connected to the CLIENT—in the provision of the Service caused by: force majeure or fortuitous events; tampering or unlawful interference by third parties on services or equipment used by the PROVIDER; incorrect use of the Service by the CLIENT; malfunctioning of the connection devices used by the CLIENT.

The CLIENT agrees that the PROVIDER may suspend the provision of the Service to carry out ordinary and extraordinary maintenance, and that the PROVIDER shall not be liable to the CLIENT for the unavailability of the Service caused by a partial or total interruption of the access service provided by another telecommunications operator.

The PROVIDER assumes no obligation to preserve and/or safeguard, and in any case does not guarantee the integrity of the materials and/or programs owned by the CLIENT located within its information systems. Consequently, the PROVIDER shall not be liable for any damages that may be incurred by the CLIENT's materials and/or programs.

  1. Suspension of Service

The PROVIDER has the right to suspend or terminate the provision of the service immediately and without notice if any of the following circumstances exist:

a. The CLIENT is in a state of default due to the non-payment of fees and/or activation charges for billed services whose tax documents have been overdue for more than 30 days. In this case, the reactivation of the service is subject to the settlement of the default, along with a reactivation fee of 150 EUR (or updating the restoration tokens on the intranet from 150 EUR to 75 EUR), plus VAT.

b. The CLIENT is actively attempting to breach the computer systems of the PROVIDER or third parties using the service provided by the PROVIDER.

c. The CLIENT creates a situation of danger and/or instability and/or other technical problems as a result of programming activities and/or usage that impact the quality of service for the CLIENT or other CLIENTS in a way that causes harm to them, the PROVIDER, or third parties.

d. The CLIENT fails to fulfill the obligations set forth in Articles 8 and 12 of this contract.

e. The CLIENT acknowledges and accepts that in the event of a dispute with third parties regarding the registered DOMAIN NAME, the content of the website, and/or related email accounts, the PROVIDER reserves the right to suspend the service and/or to remove in whole or in part the material, pending the resolution of the dispute, explicitly excluding any and all refunds, compensation, or liability of the PROVIDER for the inability to use the services during the suspension period and/or for the removal of the material.

The PROVIDER reserves the right to extend the effects of the suspension or termination of the service to other contractual relationships distinct from this one, regularly established and in force with the CLIENT.

By "suspension" or "termination" of the services, we mean the total inability, whether temporary or definitive, to use the services subject to this contract through any means of telecommunications.

The PROVIDER has the authority to delete any prohibited material or to interrupt harmful or vulnerable scripts, to terminate this contract, and to retain the amounts paid by the CLIENT as a penalty, without prejudice to compensation for greater damage.

The CLIENT acknowledges and accepts that they will have no claim against the PROVIDER for refunds, compensation, or damages for the measures that the PROVIDER deems appropriate to adopt. In any case, the CLIENT assumes, now and in the future, all responsibility for the aforementioned violations and agrees to indemnify and hold the PROVIDER harmless from any harmful consequences.

  1. Commencement of Terms and Right of Withdrawal

The term from which this contract will take effect between the parties will be derived from the availability of the service provided by the PROVIDER to the CLIENT through the activation of the requested service. Any subsidiary services to the main service, requested after the activation of the main service, will automatically expire upon termination of the main service.

The CLIENT qualifying as a consumer, a natural person acting for purposes unrelated to their business or professional activity, has the right to withdraw from this contract, without any penalty and without providing reasons, within 10 working days from the conclusion of this contract or from the related invoicing. The withdrawal must be communicated by registered mail with acknowledgment of receipt, sent in advance via email to the PROVIDER.

  1. Duration of the Agreement, Renewal, and Withdrawal

This agreement has an annual duration and is understood to be tacitly renewed upon expiration.

It is also possible to renew after one year from the activation date of the PRODUCT with an additional charge indicated at the time of payment.

If the CLIENT withdraws from this agreement before its expiration, they are not entitled to any refund for the unused service period.

If the activation procedure for the chosen PRODUCT, for reasons not attributable to the PROVIDER, exceeds ten calendar days from the order date or if three unsuccessful attempts are made, the contract will be considered terminated. Nothing will be due to the CLIENT, and the amount paid will be retained as an 'administrative procedure fee,' for which a regular invoice will be issued.

The PROVIDER reserves the right to withdraw from this contract at any time and without providing reasons. In such cases, the CLIENT will not be entitled to any compensation for any damages, except for a refund of the prorated service price corresponding to the number of unused days until its natural expiration.

In all cases of non-fulfillment of the obligations referred to in Articles 8 and 12 of this contract, the PROVIDER shall have the right to terminate this contract and retain the sums paid by the CLIENT as a penalty, without prejudice to the compensation for greater damages. In the event of a transfer of the DOMAIN NAME to another provider/maintainer, the contract will cease to be effective upon completion of the transfer procedure. Any web space and, in any case, all services related to the DOMAIN NAME may therefore be deactivated and deleted, with any refund from the PROVIDER to the CLIENT for the unused period explicitly excluded.

The CLIENT acknowledges and agrees that, in the absence of renewal, the PROVIDER reserves the right at its discretion to renew the maintenance of the DOMAIN NAME for one or more years, keeping the existing registration data unchanged.

It is understood that in this case, all services associated with the DOMAIN NAME will be deactivated, and a web page containing advertising messages will be placed instead of the homepage.

The CLIENT may regain access to the DOMAIN NAME and the connected services, depending on the case, and the contract will always have the duration selected at the time of the order. In this case, the CLIENT acknowledges and agrees that the PROVIDER does not guarantee the preservation of the content of the web space; therefore, the CLIENT releases the PROVIDER, now and forever, from any direct or indirect liability for the possible partial or total loss of data, information, and content allocated at the time of the contract's expiration on the website corresponding to the DOMAIN NAME in question.

The CLIENT still retains the right to request the cancellation of the DOMAIN NAME at any time by giving express notice to the writer via registered mail A.R. preceded by an email, to be sent to the PROVIDER with a copy of an identification document and all necessary documentation for the cancellation of the DOMAIN NAME with the competent Registration Authority according to the selected extension. It is specified that in the case of a .IT DOMAIN NAME, the CLIENT is required to send this documentation directly to the competent Registration Authority.

  1. Payment of Fees

Payments will be made by the CLIENT according to the methods specified in the contract. Failure to make timely payment, even partially, of the fees owed to the PROVIDER will automatically result in the termination of the contract due to the CLIENT's actions and negligence, along with the consequent compensation for damages, in addition to the payment of the amounts due.

If the PROVIDER does not exercise the right granted by the aforementioned termination clause, delayed payment will result in the CLIENT being charged interest on arrears calculated at a rate of 5% above the legal rate, with the simultaneous right of the PROVIDER to suspend the provision of its service. It is the CLIENT's responsibility to ensure the regularity of its economic position concerning the PROVIDER.

  1. Changes to the Service

The PROVIDER commits to notifying the CLIENT of any technical/economic/performance changes made to the Service, as well as to this contract, that result in reducing and/or deteriorating effects for the CLIENT, indicating the effective date of the changes. This date must be at least 60 days after the PROVIDER's communication.

If the CLIENT does not agree to the communicated changes, they may terminate the contract by sending written notice to the PROVIDER via registered mail (A/R) sent in advance via email at least 30 days before the effective date of the changes. In the event of termination, the CLIENT is obligated to pay the fees accrued up to the effective date of the changes.

  1. Communications

Any communication related to the agreement will be made in writing via email to the addresses specified in this agreement and recognized as correct. In any case, if the CLIENT indicates an incorrect address or fails to exercise due diligence in keeping it updated, the communications will still be considered to have been successfully delivered.

  1. Assignment of the Contract

The CLIENT acknowledges and expressly accepts that the PROVIDER may assign this contract to third parties. In such a case, the assignment will be effective towards the CLIENT from the moment of its notification.

  1. Acceptance of the Contract

The PROVIDER reserves the right to accept the contract; otherwise, nothing will be due to the CLIENT except for the amount paid. If the registration of the DOMAIN NAME has been initiated with the competent authorities, the PROVIDER will retain the amount paid for the first year for the expenses incurred.

  1. Application of VAT

For the purposes of applying VAT to contractual fees, the provisions of Italian law apply.

  1. Tax Charges

This contract is not subject to registration, except in case of use. Any tax charges arising from the execution of the contract, including any taxes for advertising activities, are the responsibility of the user.

  1. Disposizioni generali

This contract nullifies and replaces any previous agreement that may have been made between the PROVIDER and the CLIENT regarding the same subject, and constitutes the complete expression of the agreements concluded between the parties on this subject. Any modification to this contract must be in writing, signed by both parties. Any tolerances by one of the parties regarding behaviors that violate the provisions of this contract do not constitute a waiver of the rights that such party holds under the contract itself.

All information provided by our website is to be considered indicative and should be evaluated based on the possible factors of each individual case. Our support is available to clarify any doubts. REAL TECH SRL is therefore not responsible in any way for any damages or problems caused by the interpretation of the same.

  1. Applicable Law and Jurisdiction

The contracting parties agree that the provisions of this contract shall be governed by the laws and regulations of the Italian state. For any disputes arising from this contract, the competent court shall be the Court of Bergamo.

  1. Billing

The invoice will be sent via email.

  1. Privacy Protection

We inform you that the personal data processed are those provided by you to the SUPPLIER for the execution of the defined contractual relationship.

This article is detailed on the SUPPLIER's website mentioned above.

The consent given by the (CLIENT) for the use of their personal data is necessary for the execution of this contract, also concerning the activities of third parties essential for fulfilling and verifying obligations.

The data controller of your personal data, pursuant to EU Regulation 2016/679 (GDPR), is the SUPPLIER. Additionally, under Article 37 of the GDPR, the Data Protection Officer has been appointed. The complete privacy notice containing necessary information on the processing of personal data, legal bases, the data lifecycle, and any other information is available at the following address https://icbs.it/privacy-notice.

The provision of all data related to this contract is closely linked to the execution of the relationship, and any lack of consent will result in the impossibility of executing the contractual relationship.

  1. Addendum to the General Terms of Supply - Management of Security Breach Cases and Spam Activities

This Addendum supplements the General Terms of Supply (“Agreement”) entered into between the Customer and REAL TECH SRL (hereinafter “we”). The purpose of this Addendum is to formalize the procedures and responsibilities in case of security breaches of the Customer's website, including spam activities.

  • RISK COMMUNICATION We hereby inform the Customer of the need to mitigate the potential risks and consequences of a security breach, particularly concerning spam activities carried out by a Customer's website or application, including but not limited to damage to reputation, loss or exfiltration of data, and legal implications for both the Customer and us as the ISP.
  • SERVICE SUSPENSION In the event of a security breach, we reserve the right to suspend the service to the Customer. This action is necessary to protect the Customer's website, other users, and our systems, as well as to prevent further damage. The Customer will be informed of such suspension as soon as possible.
  • PREVENTIVE MEASURES Recognizing the importance of security, we commit to advising the Customer on preventive measures to reduce the risk of security breaches. These measures include, but are not limited to, regular updates of the CMS and plugins, use of strong passwords, implementation of security plugins, and regular security checks.
  • REPEATED VIOLATIONS In the case of repeated security breaches for the same reasons, we reserve the right to take stricter measures, such as not reactivating hosting and terminating the contract, inviting the Customer to move their site elsewhere. This is necessary to maintain the security of our infrastructure and our online reputation.
  • CUSTOMER ACCEPTANCE The Customer agrees to comply with the provisions of this Addendum. This Addendum is published on our website and is an integral part of the contract between us and the Customer.
  1. Registrant Rights and Responsibilities - ICANN

http://www.icann.org/en/resources/registrars/registrant-rights/educational

  1. Copyright

All content on the site https://icbs.it is owned by REAL TECH SRL and reproduction, even partial, of such content is prohibited.

info@icbs.it
+39 035 066 7050
Contattaci