The parties that agree and declare to submit to the contractual rules and terminologies indicated, will be subsequently called:
- CUSTOMER the person who promotes the process of signing this contract in order to use the service provided by the SUPPLIER.
- SUPPLIER is understood as the provider of the service referred to in the agreement, legally identified in DHH Switzerland SA, Via degli Agustoni 3, CH-6830 Chiasso proposing this agreement for the supply of services.
In the following of the contract reference will be made to some technical or commonly used names, in particular: PRODUCT/HOSTING/SERVICE, provision of physical/logical resources by the SUPPLIER for the benefit of the CUSTOMER in non-exclusive form and with predefined characteristics that cannot be modified by the CUSTOMER, typically putting the CUSTOMER in a position to enjoy the necessary resources to operate a website with all the functions declared in the technical characteristics available on the artera.net website.
DOMAIN NAME, a mnemonic name for uniquely identifying an IP resource on the network. The SUPPLIER will manage the registration of the DOMAIN NAME with the relative authorities on behalf of the CUSTOMER and, for the years of validity of this contract subsequent to the first, the maintenance of the same.
The SUPPLIER has an organisational division that operates with the ARTERA brand through the website www.artera.net as Internet Presence Provider and with a geographical address.
The CUSTOMER is equipped with all the necessary accesses, connections, telecommunications equipment and software in order to be able to use and take advantage of the service provided by the SUPPLIER. The costs of using the telephone line to connect to the SUPPLIER and the necessary equipment are borne by the CUSTOMER.
The SUPPLIER proposes to the CUSTOMER the stipulation of the conditions that allow the CUSTOMER to take advantage of the services requested with the characteristics and performances hereinafter defined by the type chosen as reported in the product’s technical data sheet or on the SERVICES invoice, which is an integral part of this agreement. Total or partial transfer, defined as ‘resale’, of the services covered by this agreement is permitted, subject to the established responsibilities and limitations.
Any defined service ancillary to the one referred to in the purpose of the contract, which may be requested by the CUSTOMER even after stipulation, 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 matter of the contract and ensuing. The applicable contractual scheme will be that of the lease of things or the license for use, thus the CUSTOMER will never acquire ownership of the services rendered with the exclusion from this clause of the effects deriving from any procedures for registering the DOMAIN NAME.
The online transmission of the form for requesting the service from the CUSTOMER to the SUPPLIER and the payment of the requested fee constitute full acceptance of the general conditions set out herein.
To undersign this contract, the CUSTOMER provides the SUPPLIER with their personal data. The SUPPLIER reserves the right not to activate or suspend the service at any time if the data entered are incorrect or non-existent.
4. Methods of supply
The supply (hereinafter referred to as the ‘Service’) takes place according to the formulas HOSTING, DOMAIN NAME, SERVICES previously defined. The Service shall normally be available 24 hours a day, every day of the year, except for any ordinary or extraordinary maintenance that may result in the suspension of the Service. In any case, the SUPPLIER shall not be responsible for any interruptions of the Service, not guaranteeing the CUSTOMER Service continuity, the integrity of the data stored or sent through the SUPPLIER’s system and/or through the Internet. The SUPPLIER may also interrupt the provision of the service in the presence of motivated security problems and/or guarantee of confidentiality even beyond the limit of 24 working hours, in any case giving timely communication to the CUSTOMER.
5. Assignment of the identification code
The identification code used to access the service and the relative password is assigned by the SUPPLIER only to the reference email communicated by the CUSTOMER at the time of the contract’s stipulation. The CUSTOMER is required to conserve their password with the utmost care, keeping all the various codes communicated in the activation letter secret for the duration of the subscription. The CUSTOMER shall, moreover, be exclusively responsible for any damage caused by the knowledge or use of the password or identification code by third parties. The CUSTOMER undertakes to communicate immediately and exclusively to the SUPPLIER by registered letter sent in advance by email any modification, theft, loss, loss, or appropriation by any third party of a password or identification code.
6. Domain Name
The registration of the DOMAIN NAME will take place in compliance with the times and methods established by the Authorities set up for this in the “assignment in use” regulations and technical procedures.
The CUSTOMER undertakes to provide the SUPPLIER with the documentation necessary for the formalization of the request for assignment of the DOMAIN NAME. The CUSTOMER acknowledges that the SUPPLIER can in no way be held responsible for the failure to assign, register and/or maintain, nor for the revocation or suspension of the DOMAIN NAME for reasons connected with the matters of strict competence of the aforementioned Authorities, as well as the initiation of any dispute procedures on the DOMAIN NAME by third parties.
The CUSTOMER hereby authorizes the SUPPLIER to transfer the identification data supplied, outside the national territory if this is necessary for the purpose of registering the DOMAIN NAME.
The CUSTOMER acknowledges and accepts that the registration of the DOMAIN NAME involves the insertion of the identification data supplied, into a public register.
The CUSTOMER relieves the SUPPLIER from any liability substantially and processually, exonerating them from any loss, damage, liability, cost, expenses, including legal fees, deriving from the registration and use of the DOMAIN NAME, with the inclusion, by way of example but not limited to, of actions for violations relating to trademark rights, copyright, right to name and other personality rights, unfair competition and any other behaviour deemed contrary to current legislation.
The CUSTOMER acknowledges that failure to assign the DOMAIN NAME for any reason not attributable to the SUPPLIER does not constitute a valid reason to request a refund of the amount paid which will be retained as an ‘administrative procedure expense’, for which an invoice shall be issued.
7. Technical assistance and maintenance
The SUPPLIER provides hardware and software technical assistance limited to its operating system and to the basic services mentioned, interventions carried out on the equipment caused or inherent anomalies directly attributable to the customer’s incompetence are not included in the costs of this agreement.
Any form of technical assistance to the CUSTOMER on programming and/or management issues not directly related to the functionalities offered and indicated in the technical data sheet and directly attributable to the services rendered by the SUPPLIER is excluded from this agreement.
Technical assistance is provided to the CUSTOMER for the entire contractual period of service delivery, the methods of use of which will be communicated by the SUPPLIER to the web address specified above.
8. Guarantees and limitation of liability
The CUSTOMER guarantees the originality of any information, program, data (henceforth ‘Material’) entered through its identification code and/or password, in any form (text, graphics, image, sound, photos, videos, etc.) within the HOSTING service, or more generally on the net.
Any copyrighted material may be entered in the aforementioned areas or spaces provided that the CUSTOMER has acquired, from the copyright holder, the related rights of use, therefore, only with the written permission of the rights holder and with the obligation to cite the source and existence of the permit. The CUSTOMER undertakes full responsibility for the accuracy and truthfulness of the Material entered, in its name and/or on its behalf or on behalf of third parties, and ensures that it is in its legitimate availability, is not contrary to mandatory rules and does not violate any sign distinctive, intellectual, industrial or other third-party rights deriving from applicable legal regulations or customs or uses. In any case, the material entered must not present pedo-pornographic, pornographic, soft-core, obscene, blasphemous, defamatory, political, religious, narcotic and illegal forms and/or contents. In case of violation of the aforementioned rules, the SUPPLIER shall have the right to remove the material entered without prior notice.
The CUSTOMER further acknowledges that they are forbidden to use or allow others to make use of the service in question for spamming, or sending unsolicited and unwanted messages to third parties; carry out deep linking, i.e. referring from the page of one site to that of another, skipping the relative Home Page, unless otherwise agreed between the interested parties; carry out correspondence against morality and public order or with the aim of harassing the public or personal peace of mind, causing offense, or direct or indirect damage to anyone; unlawfully intercepting, preventing, interrupting computer or IT communications or revealing their content; violating, stealing or suppressing computer or IT correspondence between third parties; communicating online in an offensive, abusive or defamatory way; violating the privacy of other network users; directly or indirectly contravening the applicable laws of the Swiss state or any other state.
The CUSTOMER is aware that the uploading and/or downloading of any programs, information files from the Net is under their responsibility. The CUSTOMER substantially and procedurally indemnifies the SUPPLIER, exonerating them from any
loss, damage, liability, cost, expenses, including legal fees, deriving from any violation of the aforementioned rules.
The CUSTOMER undertakes to use any web space purchased and made available by the SUPPLIER only and exclusively for the publication of the website and not as a deposit, i.e. as a tool for the simple storage of files and/or material downloadable from other sites.
The CUSTOMER will not use the SUPPLIER’s services to contravene or contravene (directly or indirectly) the current Swiss and European legislation.
The SUPPLIER will not be liable for delays, malfunctioning, suspension and/ or interruption – neither towards the CUSTOMER nor towards subjects directly or indirectly connected thereto – in the provision of the Service caused by: force majeure or unforeseeable circumstances; tampering or illegal interventions by third parties on services or equipment used by the SUPPLIER; incorrect use of the Service by the CUSTOMER; malfunction of the connection equipment used by the CUSTOMER.
The CUSTOMER accepts that the SUPPLIER may suspend the provision of the Service to guarantee the ordinary and extraordinary maintenance interventions and that the same will not be in any way responsible towards the CUSTOMER for the unavailability of the Service caused by a partial or total interruption of the access service provided by another telecommunications operator.
The SUPPLIER assumes no obligation to preserve and/or guard, and in any case does not ensure the integrity, of the material and/or programs all owned by the CUSTOMER located in its information systems. For this reason, the SUPPLIER shall not be liable for any eventual damage incurred by the material and/or by the CUSTOMER’s programs.
9. Suspension of the service
The SUPPLIER has the right to suspend or cease immediately and without notice, the provision of the service if one of the following cases exists:
a. The CUSTOMER is in a state of arrears deriving from the non-payment of the fees and/or activation charges for billed services and whose tax documents have expired more than 30 days ago. In this case, the reactivation of the service is subject to the extinction of the arrears in addition to a reactivation fee set at CHF 75.00 plus VAT.
b. The CUSTOMER becomes an active part in attempts to violate the IT systems of the SUPPLIER or of third parties using the service made available by the SUPPLIER.
c. The CUSTOMER constitutes a situation of danger and/or instability and/or other problems of a technical nature as a result of programming and/or use activities that impact on the quality of the CUSTOMER’s service or of other CUSTOMERS in such a way as to cause damage to them, to the SUPPLIER or third parties.
d. The CUSTOMER does not fulfil the obligations referred to in Article 8 and 12 hereto.
e. The CUSTOMER acknowledges and accepts that in the event of a dispute with third parties concerning the registered DOMAIN NAME, the content of the website and/or the related email boxes, the SUPPLIER reserves the right to suspend the service and/or to remove all or part of the material, pending the resolution of the dispute, explicitly excluding any refund or indemnity or liability of the SUPPLIER for failure to use the services during the suspension period and/or for the removal of the material.
The SUPPLIER reserves the right to extend the effects of the suspension or termination of the service to other contractual relationships distinct from the present one, regularly established and in place with the CUSTOMER.
By ‘suspension’ or ‘termination’ of the services we mean the impossibility temporary or permanent total, respectively, to use the services covered by this contract through any ITC means.
The SUPPLIER has the right to delete any material that is not allowed or to interrupt harmful or vulnerable scripts, to terminate this contract and to withhold the sums paid by the CUSTOMER as a penalty, notwithstanding compensation for greater damage.
The CUSTOMER acknowledges and accepts that they have no claim from the SUPPLIER by way of reimbursement, compensation or damages for the measures that the same has deemed appropriate to adopt. In any case, the CUSTOMER hereby assumes any liability for the aforementioned penalties and agrees to indemnify and exonerates the SUPPLIER from any legal consequences.
10. Effective date and right of withdrawal
The term of this contract between the parties will be ascertained from the availability of the service performed by the SUPPLIER to the CUSTOMER when service activation is requested. Any ancillary services to the main service, requested after the activation of the main service, will automatically expire when the main service is terminated.
The CUSTOMER qualifying as a consumer, a natural person acting for purposes unrelated to his business or professional activity, has the right to withdraw from this contract, without any penalty and without indicating the reasons, within 10 working days from the conclusion of this contract or related billing. The withdrawal shall be communicated by registered letter with a return receipt sent in advance via email to the SUPPLIER.
11. Duration, renewal and withdrawal of the agreement
This agreement lasts one year and is tacitly renewed upon expiry.
It is also possible to renew after one year from our date of activation of the PRODUCT with a surcharge indicated at the time of payment.
If the CUSTOMER withdraws from this agreement before the expiry of the same, he is not entitled to any refund for the period of service not enjoyed.
If the activation procedure of the selected PRODUCT, for reasons not attributable to the SUPPLIER, exceeds ten calendar days from the date of the order or three unsuccessful attempts, the contract shall be considered terminated. Nothing will be due to the CUSTOMER, and any payments shall be retained as an ‘expense for administrative procedure’ for which an invoice will be issued.
The SUPPLIER reserves the right to withdraw from this contract at any time and without indicating the reasons. In this case, the CUSTOMER will not be due any compensation for any damage, except for the reimbursement of the accrued price of the service corresponding to the number of unused days until its natural expiry.
In all cases of non-fulfillment of the obligations referred to in Article 8 and 12 of this contract, the SUPPLIER will have the right to terminate this contract and to withhold the sums paid by the CUSTOMER as a penalty, notwithstanding compensation for greater damage. In the case of a transfer of the DOMAIN NAME to another provider/maintainer, the contract will cease to be effective at the end of the transfer procedure. Any web space and in any case all the services connected to the DOMAIN NAME may therefore be deactivated and canceled, any reimbursement by the SUPPLIER to the CUSTOMER for the unused period being explicitly excluded.
The CUSTOMER acknowledges and accepts that, in the absence of renewal, the SUPPLIER reserves the right at its own discretion to renew the maintenance of the DOMAIN NAME for one or more years, keeping the registration data present unchanged.
It is understood that in this case, however, all the services associated with the DOMAIN NAME will be disabled and a web page containing advertising messages will be inserted instead of the home page.
The CUSTOMER will be able to regain the availability of the DOMAIN NAME and related services, depending on the case and the contract will always have the duration selected in the order. In this case, the CUSTOMER acknowledges and accepts that the SUPPLIER does not guarantee the conservation of the content of the web space, therefore the same indemnifies the SUPPLIER, now by then, from any direct and indirect responsibility, for any partial or total loss of the data, information and content allocated at the time of the expiry of the contract on the site corresponding to the DOMAIN NAME in question.
any case, the CUSTOMER has the right to request the cancellation of the DOMAIN NAME at any time by expressly informing the writer, via registered letter with a return receipt, sent in advance via email, to be sent to the SUPPLIER with attached copy of an identity document and all the necessary documentation for the cancellation of the DOMAIN NAME at the competent Registration Authority based on the selected extension. It should be noted that in the case of a DOMAIN NAME.IT, the CUSTOMER is required to send such documentation directly to the competent Registration Authority.
Payments shall be made by the CUSTOMER as per the manner indicated in the contract. Failure to promptly pay, even partially, the consideration due to the SUPPLIER will ipso jure result in the termination of the contract due to the fault of the CUSTOMER, and the consequent compensation for damages, in addition to the payment of the amount due.
If the SUPPLIER does not make use of the granted faculty by the aforementioned termination clause, the delayed payment will give rise to the payment of interest on arrears determined to the extent of 5% higher than the legal one by the CUSTOMER, with the SUPPLIER’s simultaneous right to suspend the provision of your service. The CUSTOMER is responsible for ensuring that their financial situation vis-à-vis the SUPPLIER is compliant.
13. Changes to the Service
The SUPPLIER undertakes to notify the CUSTOMER of the Technical/economic/performance changes made to the Service, as well as to this contract, which entails reductive and/or detrimental effects for the CUSTOMER, indicating the effective date of the changes. This date must be at least 60 days later concerning that of the SUPPLIER’s communication.
If the CUSTOMER does not deem to accept the changes communicated, they will have the right to withdraw from the contract by written communication, sent to the SUPPLIER by registered letter with a return receipt, sent in advance by email at least 30 days before the effective date of the changes. In the case of withdrawal, the CUSTOMER is required to pay the instalments accrued up to the effective date of the changes.
Any communication relating to the agreement will be made in writing by email to the addresses indicated in this agreement and recognised as correct. In any case, where the CUSTOMER provides an incorrect address or does not exercise prudence in keeping the Supplier updated, notices will nonetheless be considered to have been validly served.
15. Transfer of contract
The CUSTOMER acknowledges and expressly accepts that the SUPPLIER may transfer this contract to third parties. In this case, the transfer will be effective towards the CUSTOMER from the moment of its notification.
16. Acceptance of the Terms of Contract
The SUPPLIER reserves the right to accept the contract, otherwise, nothing will be due to the CUSTOMER other than the amount paid. If the registration of a DOMAIN NAME has been started with the competent authorities, the SUPPLIER will retain the amount paid for the first year for the expenses incurred.
17. Application of VAT
For the purposes of applying VAT to contractual payments, the provisions of federal law apply.
18. Tax charges
This contract is not subject to registration, except in the case of use. Any tax charges arising from the execution of the contract, including any taxes for advertising activity, shall be borne by the user.
19. General provisions
This contract cancels and replaces any other previous agreement that may have been in place between the SUPPLIER and the CUSTOMER concerning the same subject matter, and constitutes the integral manifestation of the agreements concluded between the parties on this subject. Any modification to this contract must result from a written document signed by the parties. Any tolerances by one of the parties for behaviour that violates the provisions of this contract do not constitute a waiver of the rights that are due to that party under the contract itself.
All the information offered by our website are to be considered indicative and to be evaluated, therefore, based on the possible factors of each case. However, our assistance is available to clarify any doubts. DHH Switzerland SA is not responsible in any way for any damage or problems caused by their interpretation.
20. Applicable law and Court of jurisdiction
The contracting parties agree that the provisions of this contract are governed by the laws and regulations of the Swiss federation. For any dispute concerning this contract, the Court of Lugano holds jurisdiction.
The invoice will be sent by email.
We inform you that the personal data processed are those provided by you to the SUPPLIER, for the fulfilment of the defined contractual relationship.
This article is detailed on the SUPPLIER’s website specified above.
Consent provided by (CUSTOMER) to the use of their personal data is necessary for the execution of this contract also concerning the activities of third parties essential for the fulfilment and verification of obligations.
The Data Controller for processing your personal data, under EU Regulation 2016/679 GDPR is the SUPPLIER; The Data Controller also, according to Article 37 GDPR has appointed the Data Protection Officer. The complete information with the necessary information on the methods of processing personal data, the legal bases, the life cycle of personal data and any other information is available at the following address http://www.artera.net.
The provision of all data relating to this contract is strictly connected to the execution of the relationship so that any lack of consent will make it impossible to execute the contractual relationship.
All the contents on the www.artera.net website are the property of DHH Switzerland SA and any reproduction, even partial, is prohibited.