PREMISE

These General Conditions of the Service purchased are considered read and accepted by the Customer from the moment in which, by completing the procedure indicated on the site www.webtier.cloud.it, proceeds by selecting the “Accept” option and/or otherwise accesses and/or uses the Service.

OBJECT

These conditions regulate the provision of Services provided by Webtier Srl with the technical and economic characteristics, in the type and with the methods reported in the Technical Specifications of the Services themselves.

Any additional service beyond that covered by the Contract may be provided, subject to a feasibility study, upon specific request by the Client under conditions, terms and fees to be agreed upon.

COMPLETION OF THE CONTRACT

The Contract is concluded on the date of correct and timely receipt by Webtier of the payment for the Service.

Upon activation of the Services, an Activation Confirmation will be sent with the login credentials. In any case, it is understood that the Customer's use of the Services constitutes acceptance of all contractual conditions.

The Customer is responsible for the accuracy of the information provided and acknowledges Webtier's right to collect any additional information for the purpose of activating the Service, in compliance with applicable legislation.

USER ID AND PASSWORD

When the Customer first requests activation of a Service, Webtier will send the identification code (UserID) and a password to the email address provided during the order process.

The Parties acknowledge and agree that such User ID and Password constitute the only means suitable for identifying the Customer when accessing the Services.

The Customer must safeguard the password with diligence and will be exclusively responsible for any damage caused by the knowledge or use of the password and/or UserID by third parties.

DURATION, RENEWAL, CANCELLATION AND TERMINATION

The duration of the contract is linked to the duration of the service and is effective from the date of activation, i.e., the date of the relevant payment.

Upon expiration, this contract will be considered renewed only upon renewal of the payment of the cost of the pay-per-use service.

The Customer may cancel the contract by revoking acceptance of the contractual conditions by ticking the appropriate box on the initial notice.

Fees and payment conditions

The Customer undertakes to pay the amount due at the time of requesting activation of the service, by selecting the “Credit Card – Stripe” payment method during the checkout phase and following the instructions displayed on the screen.

The cost of each Service is indicated in the Technical Specifications of the Services themselves.

The Service automatically renews upon expiration for subsequent one-year periods, unless notice of termination is sent by either party to the other using methods that confirm receipt and with at least 15 (fifteen) days' notice prior to expiration. The current price list and other contractual terms will apply upon renewal.

The Customer expressly acknowledges and accepts, now for then, that, unless otherwise communicated by Webtier, the Contract shall be automatically terminated in the event of failure to pay the amount due for the renewal of the Service.

Webtier does not guarantee the success of the renewal process if the customer requests it after the service has already expired or if the payment notification information is incomplete.

Right of withdrawal

The Customer, whether a natural or legal person, has the right to withdraw from the contract at any time by revoking acceptance of the contractual conditions by ticking the appropriate box on the initial notice. Any amounts already paid by the Customer will not be refunded.

Customer Obligations

When registering on the Webtier website, the Customer is required to enter their personal data for the purposes of the contract. They guarantee, under their own personal responsibility, the accuracy of such data and are required to communicate any changes within 10 days. Should the Customer provide Webtier with data that is false or incomplete, or data that Webtier has reason to believe, at its sole discretion, to be false or incomplete, Webtier reserves the right to:

1. refuse the request forwarded by the Customer;
2. suspend, without notice, the services;
3. terminate the contract.

In the event of suspension or termination of the contract, Webtier may request compensation for any further damages from the Customer, and it is understood that the Customer will not be able to make any request for reimbursement, compensation and/or damages against Webtier for the period of time in which the Customer has not used the Service.

The Customer undertakes to use the Services with the utmost diligence, in such a way as not to compromise, for the Services offered by Webtier in sharing, the stability, security and quality of the Services themselves, even with regard to the use of others.

The Customer also undertakes not to use the Services for illicit purposes and not to violate in any way all applicable national and international laws, including regulatory ones.

Webtier has zero tolerance for spam. The customer may not engage in spamming or similar activities (uploading, posting, transmitting, or distributing any material containing viruses, other codes, files, or programs designed to compromise, interrupt, destroy, or limit the operation of the network, phishing, or other similar unlawful activities aimed at stealing users' personal data or other confidential information). In such cases, the customer will be contacted, and if they do not immediately take action to resolve the problem, Webtier will, without further notice, suspend the service affected by the unlawful activity.

It is understood, and the Customer acknowledges and accepts, that Webtier does not provide, unless otherwise agreed in writing, an additional backup service for content, connection data, and IP addresses. The Customer may not make any further claims against Webtier, whether for compensation, indemnity, or otherwise, and hereby releases Webtier from any liability in the event of total or partial loss of data, regardless of cause.

The Customer, therefore, unless otherwise agreed in writing, is required to save the Logs for the duration required by applicable laws and regulations, in order to limit damage, loss of files, memory, documents or any other element of the server.

The Customer undertakes to indemnify and, in any case, hold Webtier harmless from any action, request, claim, cost or expense, including legal fees, that may arise from the same due to the Customer's failure to comply with the obligations assumed and the guarantees provided with the acceptance of this contract.

Suspension of performance

Webtier reserves the right to immediately suspend the Service if it believes that the Customer may compromise the stability, security, and quality of the Services offered or engage in activities that violate the obligations set forth in this Agreement. In such cases, the Customer must eliminate the causes. If no immediate response is received, Webtier will have the right to immediately terminate the contract, without prejudice to its right to seek full compensation for any damages suffered.

In the event of suspension of service for any reason, Webtier reserves the right to extend the effects of the suspension to other contractual relationships functionally and inextricably linked to this agreement, duly established and in existence with the Customer. Suspension or termination of service will result in the destruction of any material present within 10 days of the date of suspension and/or termination of service. The Customer may not make any claim for damages against Webtier pursuant to the provisions of the preceding paragraphs.

Obligations of Webtier Srl

Webtier undertakes to use the best technology and resources available to provide the services covered by this agreement, without prejudice to the need to proceed with hardware and software updates based on contingent circumstances.

Operation guarantee

The Services will generally be available 24 (twenty-four) hours a day; however, the Customer acknowledges and agrees that Webtier may suspend and/or interrupt their provision to allow for routine or extraordinary maintenance that is deemed appropriate and/or necessary to the Server Farm premises or the servers and/or equipment contained therein. In such cases, Webtier undertakes to carry out such maintenance as quickly as possible and to restore the Services as quickly as possible, in order to minimize any inconvenience caused to the Customer. The Customer acknowledges and agrees that it may not make any claim for compensation, reimbursement, or damages against Webtier for the period of time during which it was unable to use the Services.

Webtier guarantees defined timeframes for each operation, and thanks to technical support, customers always receive timely and targeted assistance based on the severity of the problem.

Webtier Limitation of Liability

Under no circumstances will Webtier be held responsible for any malfunction of the services resulting from causes attributable to telephone lines, electricity lines, and global and national networks, including failures, overloads, or interruptions, and in any case for events attributable to third parties.

No compensation may be requested from Webtier for direct and/or indirect damages caused by the use or failure to use the Services.

Webtier shall not be held liable for failure to fulfill its obligations resulting from force majeure.

The user undertakes to indemnify Webtier from all losses, damages, liabilities, costs, charges and expenses, including any legal fees that may be suffered or incurred by Webtier as a consequence of any breach of the obligations assumed and guarantees provided by the user with the signing of this contract and, in any case, connected to the entry of information in the space provided by Webtier, even in the event of compensation for damages claimed by third parties for any reason.

In any case, Webtier declines any responsibility towards the Customer or third parties for delays or interruptions of the service, specifying that the very nature of the internet does not guarantee the reachability of a website or email delivery within certain times.

The Customer releases Webtier from any civil and criminal liability for the illegal use of the services used by him and his customers.

Force majeure, catastrophic events and fortuitous events

Neither party is liable for failures attributable to fire, explosion or any other unforeseeable and exceptional cause that prevents the provision of the agreed service.

Changes

Webtier reserves the right to change the conditions indicated in this agreement and the fees applicable to this contract at any time by giving notice via email.

The Customer reserves the right to withdraw within 15 days by sending written notice via fax or email. If the Customer fails to notify, the changes made will be deemed accepted and will take effect upon the first renewal of the contract.

Express termination clause

This contract is automatically terminated pursuant to Article 1456 of the Civil Code for failure by the customer to fulfill even one of its obligations.

Automatic takeover in the contract

In the event of transfer or succession of the customer for any reason, the successor will acquire the rights and obligations arising from this contract.

Intellectual and/or industrial property rights

Webtier, with the exception of software managed under license and/or owned by the Customer, remains the sole owner of the rights relating to inventions and programs (including software, documentation and studies, etc.) and anything else created or developed in relation to the services purchased by the Customer, who is granted only a limited and non-transferable right of use.

In the event that the Customer violates the industrial and/or intellectual property rights of Webtier or other parties, Webtier, after having notified the Customer, will terminate the contract pursuant to art.

Privacy and protection of personal data

With respect to the Services provided, personal data, as well as all materials and programs uploaded by Customers, are not accessible to Webtier, which does not examine them and operates exclusively on the technical level and the hardware and software architecture necessary to guarantee the service. Based on the information collected, where the service requires the processing of personal data, the Customer acknowledges that Webtier provides sufficient guarantees to implement appropriate technical and organizational measures such that the processing meets the requirements of EU Regulation 2016/679 and guarantees the protection of the data subject's rights.

Where the service involves the processing of personal data, the relationships and mutual obligations regarding the processing of personal data will be regulated between the Customer, as the owner of the personal data, and Webtier, as the data controller, pursuant to the General Data Protection Regulation (EU Regulation 2016/679).

The parties hereby agree that, in the event of processing personal data, the choice regarding the security measures defined in Article 32 of EU Regulation 2016/679 will be solely at the discretion of Webtier. Any agreement to the contrary, including subsequent agreements that do not expressly waive this provision, will be null and void. If the customer processes personal data that, by its nature or other circumstances, requires specific security measures other than those normally adopted by Webtier, it must promptly notify Webtier so that the necessary security measures can be assessed and the related costs agreed upon.

The personal data of employees and/or collaborators provided by the Client to Webtier will be processed by the latter for purposes strictly related to the performance of this contract and the resulting legal obligations; the information on the processing performed by Webtier is published on the website www.webtier.cloud.

Some of the services offered by Webtier may involve the transfer of data abroad, namely to countries outside the European Economic Area. In such cases, Webtier guarantees that the transfer of personal data to third-party countries will be carried out, directly or through services used by Webtier itself, to the extent strictly necessary to fulfill the contractual obligation relating to the requested service.

Complaint procedures and jurisdiction

Any complaints regarding any aspect of the contractual relationship and/or the provision of the Service must be submitted to Webtier in writing within 8 (eight) days of the event. Webtier will examine the complaint and respond to the customer within 5 (five) days of receipt. In the case of complaints regarding particularly complex matters that do not allow for a comprehensive response within the aforementioned timeframes, Webtier will inform the customer of the progress of the case within the aforementioned timeframes.

The applicable law is exclusively that of the Italian State. For all disputes relating to this contract, the Parties establish and recognize the jurisdiction of the Court of Rome.