Terms and conditions

 

OBJECT. With these general conditions, the contract is governed by MDAC Information Services snc Marenghi D. and A. Cirelli ("MDAC"), to its customers (hereinafter "Client"), concerning computer services (hereinafter "Service").

 

 

ACTIVATION OF THE SERVICE. The CLIENT agrees to provide within 20 business days from the signing of this contract, all the necessary materials (texts, documents and images), in digital format, for the activation of the service, if so required. After the expiring of this term, MDAC can, or can not, provide a summary service on account of the material in our possession (photos, logos, names, addresses, databases) without the need for approval. However, MDAC will proceed with the payment terms stipulated in the contract. The unexpired period can not be reclaimed or recovered in any way.

 

 

INTERPRETATION OF THE CONDUCT OF MDAC. Any tolerance of MDAC toward the client can not be considered acquired right of the Client, or an exception to the regulations described in this Contract.

 

 

USE OF THE SERVICE. The CLIENT relieves MDAC from any civil, criminal and administrative liability for the content of the service described in this Contract and its exposure, declaring to be the owner of and / or authorized to the use of trademarks and logos or other data (text, photos, video and audio files) required to the service of this Contract, and unless otherwise authorized by you to MDAC to use the data provided to carry on advertising projects. In particular, the Client, without prejudice to any other obligation imposed by law or contract, agrees to: a) observe, for the duration of the contract, any provision of Italian law regarding the protection of civil and criminal data, communications, and computer and electronic systems; b) do not transmit, disclose, distribute, post or otherwise put into circulation through the Internet obscene, defamatory or otherwise illegalinformation, data or material ; c) does not violate in any way, through accessk to the Internet, intellectual property rights and / or industrial property of third parties (for example, music or multimedia files protected by copyright), unless in presence of express written consent from the owner of this right and in any case reporting the source. d) Ensure that this data does not violate or transgress any copyright, trademark, patent or other regulations. e) not to use or trasmit to third parties the use of the services of MDAC against morality and public order in order to disturb the public or private peace, to offend, or directly or indirectly damage anyone (for example, it's prohibited posting any dialer or materials or extracts of material dealing with pedophilia or apologies of racist behavior. f) Not to carry acts intended to violate or be groped to violate the confidentiality of private messages or intended to damage the integrity of the resources of others or to cause direct or indirect harm to anyone (for example using pirated software, cracks, key generators, serials, viruses or other harmful components ). g) Do not send spam messages or equivalent material. The user acknowledges and agrees that if your site is advertised with illegal methods (eg: spam) MDAC reserves the right to suspend the service. h) The site does not store sensitive data and / or judicial data. i) Take charge of the protection of the data entered. l) Accept and comply with standards of good use of network resources, contained in the document "Netiquette", published on the Italian Naming Authority  website (www.nic.it/NO/netiquette.txt), of which the customer claims to be aware of.

 

 

 

RESPONSIBILITY FOR DAMAGE CAUSED BY THE CONTENTS AND THE USE OF THE SERVICE. Our responsibility to the tax authorities, Editors, any Italian or foreign authority and third parties in general for the content of the materials provided and the use of the Services requested by the Client and their conformity with the laws and regulations remains whole and exclusive responsibility of the CLIENT.

 

 

SOFTWARE GRANTED IN LICENSE. Any software property of MDAC will be granted to the CLIENT in license. The CLIENT agrees not to copy or distribute copies of the software. In the event of termination of the relationship between MDAC and the CLIENT, the software and the relative source conde won't be released, unless otherwise agreed in written form between the parties.

 

 

GUARANTEE OF CONTINUITY. This Article shall apply solely to housing and hosting services, the Service of Internet connectivity, the right to the use of software as an ASP, as well as the management of email systems. To the extent permitted by Italian law, the CLIENT acknowledges and agrees that any temporary suspension of service, dependent on malfunctioning equipment or facilities under the control and responsibility of MDAC can not be considered failure by MDAC, nor be grounds for damages, unless otherwise agreed in written form between the Parties.

 

 

DURATION AND POSSIBILITY OF WITHDRAWAL. The annual fees (as per paragraph 3 of this Contract) are valid for ONE year from the date of subscription and are automatically renewed from year to year unless canceled by registered letter or fax at least 30 days before the regular deadline. With reference to the lifetime services (item 3), MDAC reserves the right to vary the price through adequate communication with the clients, with effect from 30th (thirtieth) day following the date of communication, in which case the CLIENT is entitled to withdraw from the Contract within 15 (fifteen) days from such notice. The dissolution, for any reason, of this Contract won't free the CLIENT from the obligation to provide for the payment of the amounts due and not yet paid.

 

 

FEES, TERMS AND CONDITIONS OF PAYMENT. The customer will pay MDAC the amounts agreed under this Agreement within the time specified on the invoice. In case of delayed payment beyond the limits specified, the CLIENT shall pay to MDAC, without limitation or formal notice, interest on overdue amounts calculated on an annual basis in an amount equal to the current legal rate plus three percentage points, as well as costs incurred for the recovery of credit (postage, issuance of new bank receipts and attorney fees). In any case, MDAC reserves the right to terminate the Contract in accordance with Art. 1453 of the Civil Code in case of delay in payment superior to 30 days.

 

 

BILLING. Billing for the service will be issued at the moment of payment according to Article 6 of Presidential Decree 633/72.

 

 

TERMINATION. MDAC may terminate the Contract in accordance with the effects of the Art. 1456 cc, giving written communication, if the CLIENT is in breach of any of its obligations described in the Articles 3,4,5,6,8,9,14 of this Agreement. MDAC also may consider the contract terminated automatically within the meaning and effect of art. 1453 Civil Code in the event that the CLIENT is subject to bankruptcy or other insolvency proceedings, or may be placed in liquidation, holding any paid sum.

 

 

LIMITS OF LIABILITY. MDAC will not be held liable for lost profits or against any proposed actions by third parties against the CLIENT. MDAC will not be liable in the event that the technical characteristics of the network (electric or telephone) of another carrier, do not permit connection to the service described in this Contract and in case of theft of equipment designed to deliver the service.

 

 

COMPUTER SECURITY. The CLIENT will be responsibile of preparing any security measure. No liability to MDAC may be charged for any reason, in cases of unlawful interference or use of data by unauthorized persons and, in general, for damages resulting from the use of the Internet.

 

 

CONFIDENTIALITY. MDAC and the CLIENT agree to keep strictly confidential any information obtained within this Contract, as well as data and communications transmitted through the service and undertake not to disclose them without the consent of both parties.

 

 

FAULT REPORTING AND INFORMATION. Any failure or malfunction of the service must be reported to MDAC by e-mail to the following address: "info@mdac.it" or in written form to "MDAC services snc, Via Brescia, 114 - 25035 Ospitaletto - (BS) "or by fax to" 030640465 ", failure to notify in written form within 10 business days will result in the forfeiture of any exception of default against the MDAC.

 

 

PROHIBITION OF ASSIGNMENT. The contract can not be transferred from the client to a third party, whether for free or not, even temporarily, except with the prior written consent from MDAC.

 

 

COMMUNICATIONS. Any written communication and notices that the CLIENT will forward to MDAC shall be addressed to the headquarters of MDAC: "MDAC services snc, via Upper Valley 173 / A - 25035 Ospitaletto - (BS)" or via fax to "0306840636".

 

 

PRIVACY AND PROTECTION OF PERSONAL DATA. According to the provision of ARTICLE 10, Law 31/12/1996 n.675 code on the protection of personal data, the CLIENT authorizes MDAC to send communications and / or business related services as described on this Contract. MDAC also expressly undertakes not to disclose the personal information of its customers and use them for their administrative activities according to the criteria of absolute fairness.

In case of refusal, tick the checkbox.

 

 

INTERPRETATION OF THE CONTRACT. Any invalidity or enforceability of any provision in any part of the Contract shall not affect the validity or the invalidity of the remaining provisions. In case of conflict between the provisions contained in these terms and conditions and different ones contracted in written form between the Parties, the latter shall prevail as provided by the Article 1342 cc.

 

 

JURISDICTION. The jurisdiction for any dispute between the Parties is to be considered exclusively the court of Brescia.