ServiceSMTP - Terms of Service and Management of Personal Information
GENERAL TERMS OF CONTRACT SUPPLIED BY SW & WORK
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 di Tresoldi Flaviano with registered office in Trescore Cremasco (CR) - Italy, Via della
Baldina 7, VAT No. 01783960196, 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 di Tresoldi Flaviano 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.
Privacy