These general conditions govern the terms and conditions of use under which
INGIT SOFTWARE & amp; CONSULTING S.R.L. with registered office in via Principe di Piemonte II Traversa 19 - 80070,
Monte di Procida (NA), Tax Code and registration number in the Bergamo Business Register n. 03881520161,
VAT number 05051871217 (the "Supplier" or "INGIT")
will provide the person, whether natural or legal, or the public or private body,
or the association, identified as a customer (the "Customer"):
the right to use, through authenticated access to the cloud infrastructure made available by the Supplier,
the Prenotazioni Cloud web application
(which the Customer can access through the URL www.prenotazionicloud.com) hosted on the Supplier's technical technological infrastructure
(located entirely in the Microsoft Azure cloud);
Ownership of all rights to trademarks, logos, names, and other distinctive signs associated with Prenotazioni Cloud
belongs to the Supplier and / or the Cloud Service Provider, with the consequence that the Customer may not in any way use them
without the prior written authorization of the Supplier and / or the Cloud Service Provider.
This Agreement consists of these General Conditions and the other documents indicated below,
which all form an integral and substantial part of it for all legal purposes:
Price List (available on the website www.prenotazionicloud.com/prezzo/)
The Customer declares to have all the rights and powers necessary to conclude and fully and effectively execute this Agreement.
The Contract between the Supplier and the Customer is finalized upon sending by INGIT of 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. Registration, subject to full acceptance of these General Conditions by the Customer, constitutes a moment of completion of the Contract and allows the activation of Prenotazioni Cloud by INGIT. The Customer acknowledges and agrees that he cannot make any request for compensation, compensation or claim of any kind against Ingit. It is understood, in any case, that access to the Application certifies the acceptance of all terms and conditions of this Agreement.
The Customer acknowledges and accepts that payment can only be made by means of
of one of the methods indicated on the Supplier's specific web page.
The Customer is required to pay for the use of Cloud Bookings as indicated in the price list (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.
In the event of non-payment or delay in payment of any sum due under this Agreement, the Supplier will have the right to immediately suspend any performance due without further notice under this Agreement until the due is received.
For activation and use it will be necessary to sign the General Contract Conditions.
INGIT makes available a trial period of the service (extendable or suspendable) during which the user can use the features provided by the service.
For the list of features offered on trial, please refer to what is indicated in the Price List.
Upon expiration of the trial period, the user can choose whether to continue using the services offered by Supplier and then proceed with the purchase of the paid subscription.
The Customer may use Prenotazioni Cloud only in the ways expressly indicated in this Agreement and in compliance with the law.
By way of example and not limited to, the Customer may not:
MALFUNCTIONS AND / OR INTERRUPTIONS
The Customer will not be able to claim any kind of claim against the Supplier for any disservice that is attributable
to the Cloud Service Provider.
The Customer acknowledges and accepts that the Supplier may suspend and / or interrupt Prenotazioni Cloud to guarantee the ordinary or extraordinary maintenance interventions. In such cases, the Provider agrees to restore, or have the Cloud Services Provider restore Prenotazioni Cloud in the shortest possible time in order to reduce the inconvenience created for the customer.
In any case, the Customer must notify the Supplier within 24 (twenty-four) solar hours of any irregularities or malfunctions of Prenotazioni Cloud.
The Customer acknowledges being solely responsible for the contents entered, present, transited and / or stored on the servers
who host Prenotazioni Cloud and undertakes to use the service exclusively for lawful purposes and permitted by
legal provisions applicable from time to time, from the rules of diligence, morality and public order
and in any case, without infringing any third party rights.
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 at the specific request of the Customer for reasons of technical support requested by him and therefore cannot in any way be held responsible 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 damage resulting to the Customer and / or third parties from the use of the data.
The Customer undertakes to indemnify and hold harmless the Supplier from any cost, expense or damage to the same may be caused as a result of actions by third parties, including public authorities, resulting from breach of the commitments referred to in this article.
SERVICE AGREEMENT SLA
The Supplier and the Customer mutually acknowledge that the Access to Prenotazioni Cloud will be provided by the Supplier
with the guarantee of a level of availability of services equal to 95% of the time 24 hours a day 7 days a week for
all year round (Service Level Agreement, SLA).
In any case of violation or non-fulfillment attributable to the Supplier, the same will respond within the limits established by SLA being expressly excluded, now by then, any other indemnity or compensation to the Customer for damages direct or indirect of any nature and species. The Customer acknowledges and accepts, now by then, that in all cases where the SLA does not apply, INGIT will respond exclusively within the limits of the sum spent by the Customer in the last 12 months.
The Customer also acknowledges that the Supplier in no case can be held responsible for any damage should arise from the Customer or third parties as a result of the use of Prenotazioni Cloud as well as the processing generated by the Application, the Customer being required in any case to verify the correctness of the processing obtained using Prenotazioni Cloud.
WITHDRAWAL AND RESOLUTION
The Customer qualified as a "consumer" pursuant to art. 3 of Legislative Decree 206/2005,
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 notice
sent by registered letter a.r. or by certified e-mail (PEC) to the address firstname.lastname@example.org.
Ingit reserves the right to withdraw from the Contract at any time and without giving reasons,
notifying the Customer, with at least 30 (thirty) days' notice,
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 Ingit may at any time
deactivate the Service without further notice and refund the Customer any amount already paid.
In any case, any other responsibility of Ingit for the exercise of the right of
withdrawal and / or failure by the Customer to use the Service or the consequent right of the latter to
claim any other reimbursement or indemnity or compensation of any kind and kind.
The Customer has the right not to renew the Agreement at the end of the license period without notice and without any penalty.
The Customer may terminate the contract at any time, without any penalty and without claiming refunds, compensation or compensation by sending an email to email@example.com.
Failure by the Customer to pay and to what is established in this contract, if not determined by unforeseeable circumstances or force majeure, it will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code. However, the Supplier's right to obtain compensation for all damages suffered is reserved.
The Customer acknowledges and accepts that the Application and Connected Services are characterized by continuous technology
evolution, for these reasons INGIT reserves the right to modify the technical characteristics for the better
and economic conditions of the Application and to vary the conditions of the Agreement and SLA at any time,
even after its subscription, without this giving rise to obligations of any kind for the Customer.
If the Supplier changes the contractual conditions in any part, these changes will be communicated to the Customer by e-mail or upon 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 communication written to be sent in the manner and timing provided. In the absence of exercise of the right of withdrawal by the Customer, in the terms and in the manner indicated above, the variations will be understood as definitively known and accepted by them.
INGIT may vary the technical characteristics, systems, resources as a result of normal evolution technology of hardware and software components, guaranteeing the Customer the same basic functionality.
This Agreement is subject to Italian law.
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 is not qualified as a "Consumer", the exclusive forum with reference to any dispute relating to this Agreement, to its interpretation or execution, it will be the Naples court.
With reference to the processing by the Supplier of the personal data of third parties of which the Customer is the owner of the processing and entered by the latter or in any case processed in the execution of the Contract the Parties acknowledge and agree to comply with the provisions of the address www.prenotazionicloud.com/privacy