Terms and conditions
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 formalisation 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 authorises 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.