1) Object
1.1 Archynet S.r.l. (hereafter Archynet) offers through its Totalconnect software v. 2.0 multiple sending services of the following means of communication: SMS, Email, Fax, Mms. The subject of this contract is the provision to the Customer of these telecommunications services to the general conditions and terms set forth in this Contract. 1.2. The functions, detailed characteristics, performances and prices of each telecommunication service are documented in detail on the websites: http://www.totalconnect.it, http://www.totalc.it and http://www.totalc.eu and as such they form an integral part of the contract. 1.3 By means of the present general conditions, the contractual relationship between ARCHYNET and the private and corporate users, hereinafter called CLIENT, is regulated, relative to the service of use of the sending platform called http://www.totalconnect.eu/ based on software compatible with the latest versions of the major web browsers, hereafter referred to as SW, on a message forwarding gateway, hereinafter referred to as GTW, and on an Internet support and customer service website, hereinafter referred to as WEBSITE
2) Obligations of the Parties
2.1 ARCHYNET undertakes to provide the Customer with the Service and the Customer undertakes to accept the Service provided by ARCHYNET in compliance with the terms of this Contract. The CUSTOMER undertakes to pay the fee based on the current price list.
3) Conclusion and duration of the Contract
3.1 The request for the provision of the Service, which will be valid as a contract proposal, will be carried out by the customer in one of the following ways: – via the Internet at http://www.totalconnect.eu/ signing the contract with digital signature according to YOU 445/2000; – by sending to ARCHYNET the duly dated application form, filled in and signed in its entirety, by ordinary mail, at the address: Archynet Customer Service, Via Principe Tommaso 55-10125 Turin – by fax to be sent to 011 19837000 3.2 ARCHYNET reserves the right not to accept the contract proposal in the following cases: a) if the Customer has previously rendered himself in default; b) if the Customer is protested or subject to executive procedures; c) if the Customer has requested admission or is subject to insolvency proceedings, including the receivership; d) if there are technical and organizational obstacles, which will in any case be specifically indicated by ARCHYNET in the declaration of refusal of the contract proposal. Except for the case referred to in point d), ARCHYNET will not be required to inform the Customer of its decision not to accept the proposed contract. 3.3 In all other cases, the contract for the provision of the Service is finalized when ARCHYNET will notify the CLIENT of the acceptance of the application form. The contract can also be perfected, even in the absence of ———– express acceptance, through the activation of the Service by ARCHYNET, at any time, within 30 (thirty) days from the present application for membership or otherwise, even afterwards, in the absence of revocation of the same application by the customer. The contract is concluded for any purpose indefinitely, without prejudice to the right of termination for the parties, to be communicated immediately by registered letter A.R. with at least 30 days notice. Any remaining credit available to the CUSTOMER, in the event that the same is in compliance with the payments, will be repaid within 30 (thirty) days from the date of cancellation. Customer Signature
4) Fee and payment conditions
4.1 The fee related to the Service subject of this contract will be paid by the Customer according to the price lists from time to time in force. 4.2 It is up to ARCHYNET to change the price list. Any changes to the rising price list will be communicated through the media, published on the website, or when the first invoice is sent, or by separate notice, by fax or by e-mail, at the address provided to the following art. 16. The effective date of the change must be at least 7 days later than that of the ARCHYNET communication. If the CUSTOMER does not consider to accept the changes communicated, it will have the right to withdraw from the report by registered letter that will have to be sent (the postmark will attest) at least 7 (seven) days before the effective date of the changes. Until the effective date of the changes, the CUSTOMER who has communicated the wish to withdraw is obliged to pay the consumptions made in compliance with the current price list. 4.3 Invoices, if the shipment by ordinary mail has not been expressly requested, at the time of subscription, will be sent by e-mail. 4.4 The payment of the fees takes place in advance or postponed for amounts and methods established by the CUSTOMER, on the basis of which a credit limit is assigned by Archynet. In the event that the Customer uses the Service for a consideration greater than the established credit limit, ARCHYNET will have the right to proceed with the limitation and / or suspension of the Service until the payment of the related invoice and the consequent reinstatement of the credit. 4.5 The limitation and / or suspension of the Service pursuant to art. 5.4 is a mere faculty of ARCHYNET. Therefore the Customer can not make any claim if this right is not exercised. 4.6. The payment of the invoices issued by ARCHYNET must be made at the exact deadline and in the event of partial objection, it will still have to be paid for at least the remaining part. 4.7 In case of delayed payments, default interest will be charged to the Customer calculated in the measure of the average rate for personal loans and other loans to households made by banks in the previous quarter, pursuant to Law 108/96, increased within the limits maximum permitted in the aforementioned legislation. 4.8 ARCHYNET will report to the Customer any delays found in the payment of invoices. 4.9 Regardless of the provisions of art. 4.7 and 4.8 in the event of total or partial non-fulfillment of the Customer’s obligation to pay invoices, ARCHYNET may suspend the provision of the Service; after 15 days from suspension, if the customer has not paid his debt, the contract will be resolved pursuant to art. 1456 C.C ..
5) Complaints on billing Refund requests
5.1 In the event that the Customer intends to raise complaints about billing, he can do so by sending written notice by registered mail addressed to ARCHYNET, Customer Service, Via Principe Tommaso 55-10125 Turin, or via email at: amministrazione@totalconnect.it 5.2 L sending the complaint does not suspend the obligation to pay the disputed invoice. 5.3 ARCHYNET will examine the complaint and send the results of the verification to the Client within 30 days from the date of receipt of the complaint. If any amounts are paid in excess by the Customer, they will be reimbursed by crediting the following invoice or, upon express request by the Customer, paid directly to the latter. 5.4 The Customer who considers the outcome of the complaint as unsatisfactory, may request the documentation relating to the verifications carried out by ARCHYNET and, if necessary, carry out the conciliation procedure referred to in point n. 13.
6) Use of the Internet and access to services
6.1 To access our GTW via the SW, you must have a connection to the Internet. The costs for the connection, of any kind (fees, telephone traffic, necessary hardware), are fully charged to the customer. Access to the GTW is permitted through a user code chosen by the latter during registration, and a keyword assigned and sent to the Customer by means of an SMS message or an email at the end of registration on our WEBSITE. The assigned password can be freely changed by the user in the control panel. The customer is required to keep the password with the utmost diligence, keeping the code and the password secret throughout the duration of the contract. The customer will therefore be solely responsible for any damage caused by the knowledge, or use, of the password or user code by third parties. The customer agrees to immediately notify ARCHYNET of any theft, loss, loss or appropriation of any password by third parties of the password or user name. By signing this Agreement, the user agrees to provide ARCHYNET, where required, with all necessary information. In the event that even one of the above information should be incorrect, false or misleading, or inserted for the purpose of using the Services abusive or contrary to this contract, ARCHYNET has the right to suspend or immediately terminate this Agreement with the consequent cessation of the provision of the Services and without the right to any reimbursement for the Customer. The Customer therefore expressly declares and under his responsibility that all the data indicated in the registration form have been filled out with care and they are correct. It is expressly forbidden to access the GTW, through programs or methods other than those officially released and managed directly by ARCHYNET. The attempt to violate the safety of our GTW and to perform hacking or reverse engineering interventions on the GTW, SW and WEBSITE, constitutes a civil and criminal offense that will be pursued by ARCHYNET in every appropriate location. 6.2 The customer expressly guarantees that the content of the SMS-EMAIL-FAX-WAP PUSH he has entered in the ARCHYNET system does not in any way infringe rights of third parties, does not contain anything in violation of the current legislation on public security and good debt, not it is used for “spamming” purposes in violation of third party rights established by the Legislative Decree n.196 / 2003. The Customer expressly declares that the sender number of the SMS messages (when this service is available depending on the type of messages purchased) indicated by him belongs to his availability and does not in any way violate third party rights. The personalization of the sender of SMS messages is currently envisaged in the case of a price list with a cost increase, but it can not be guaranteed (being a function under the sole control of mobile operators) for the future. Therefore ARCHYNET will continue to offer it only and until this will be made possible by the mobile operators, without any responsibility or implicit or explicit guarantee. Customer Signature ———– The right of ARCHYNET to automatically terminate the contract in accordance with the following article 7, is also in the power of ARCHYNET to suspend at its discretion the service whenever there is reasonable evidence of a violation of customer obligations.
7) ARCHYNET’s Limitation of Liability
7.1 The Customer acknowledges that the service, due to its intrinsic technological characteristics, is not to be used in cases in which the failure to receive a message within a certain time is likely to produce damage to the Customer or third parties. ARCHYNET does not guarantee the delivery of messages, and, in the event of non-delivery, is not responsible in any way towards the customer or third parties. Moreover, there is no responsibility of ARCHYNET in case of partial or total interruption of the service, also extended over time, in case of socio-political or natural events such as, by way of example, strikes, looting, demonstrations, earthquakes, floods, floods, acts of the public authority, failure to provide electricity or telephone supply, malfunctioning of the Internet, unavailability or clogging of services or of the mobile telephone operators or gateways used, which are causes of force majeure and therefore not imputable in no way to the responsibility of ARCHYNET. No reimbursement or compensation is therefore in those cases due to any title to the Customer. Finally, ARCHYNET is not responsible for the unavailability, congestion, or possible malfunctions of GSM networks, and even in those cases no refund or compensation will be due to any title to the Customer. 7.2 ARCHYNET will not be liable to the CUSTOMER, subjects directly or indirectly connected to the CUSTOMER itself and / or third parties for damages, losses or costs incurred as a result of suspension or interruption of the Service due to force majeure or accidental circumstances, unless directly attributable to fraud or fault of ARCHYNET. 7.3. Moreover, for the specific structure of the telematic services, in which many entities are involved, no guarantee can be given regarding the constant usability of the service. In this sense, the user agrees not to consider ARCHYNET responsible in case of losses or damages of any kind resulting from data loss, from the impossibility of access to services, from the impossibility of transmitting or receiving information, caused by, or resulting from, delays , canceled transmissions or service interruptions.
8) Obligations, prohibitions and responsibilities of the user
8.1. The CLIENT will promptly inform ARCHYNET about any dispute, claim or proceeding initiated by third parties relating to the Service, of which the CUSTOMER would become aware. The CLIENT will be responsible for direct and indirect damages that ARCHYNET should suffer as a result of such failure to promptly notify. 8.2 The CUSTOMER shall inform ARCHYNET within 10 (ten) days of any total or partial interruption of the local access service provided by another telecommunications operator. 8.3. The Customer is required to: a) use telephone equipment duly approved and compliant with the regulations in force; b) not to directly and / or through third parties not authorized by ARCHYNET interventions on how to perform the Service; c) not to use or make use of the Service from third parties to make communications that cause damage or disturbance to telecommunications operators or users and / or that violate the regulations in force. 8.4 The Customer is responsible for the use of their account even if such use is made without his consent. 8.5 L? user is responsible for the content of the information entered at? internal SMS messages (Short Message System). 8.6 You agree to relieve Archynet of any liability in the event of complaints, lawsuits, governmental or administrative actions, losses or damages (including legal fees and fees) arising from the illegal use of services by the user. The civil and criminal liability of the information conveyed through the service offered by Archynet remains charged to the? user. 8.7 L? user takes advantage of the services made available by Archynet assuming all responsibility for his actions. It is absolutely forbidden the use by the? user of Archynet’s telematic services for illicit purposes, requesting calls to specific or premium telephone numbers and for sending unsolicited advertising and / or to addresses or telephone numbers of users who have no relationship with the sender. 8.8 If the user fails to comply with the terms mentioned above, Archynet will terminate the service without notice and without anything being due to Archynet. 8.9 The user must pay the utmost attention so as not to use the services of Archynet in an illegal manner, violating the laws of the Italian Republic and the laws in force in the locations in which the user and their customers reside.
9) Confidentiality
9.1 ARCHYNET will keep strictly confidential all information obtained under this Contract, as well as data and communications transmitted with the Service and undertake not to disclose it to anyone (except for their employees and / or agents who need to know this information , data, communications), without the consent of the other party, except that: – they are in the public domain not as a result of violation of this obligation of confidentiality; – are in possession of those who receive them already before such disclosure took place. The ownership of the transmitted data remains exclusively the property of the CUSTOMER. 9.2 The customer acknowledges and accepts the existence of a history of the operation of http://www.totalconnect.eu/ which contains all the information relating to the messages sent, compiled and kept by ARCHYNET, for the sole purpose of fulfilling correctly to the commitments undertaken towards the customer. The content of the historical mailings has the character of absolute confidentiality and may be exhibited only and exclusively upon request of the competent Authorities. The customer acknowledges that ARCHYNET may use the technology commonly known as “cookies or sessions” to facilitate the use of the WEBSITE. 9.3 It is however established that the correct use and conservation of the Customer code and password, remain the sole responsibility of the Customer and that ARCHYNET will activate the telecommunication services behind simple indication of Customer Code and Password without ARCHYNET’s need for any further verification about the identity of the applicant. 9.4 In case of loss, compromise or subtraction of the Customer Code and Password, the Customer can request immediate revocation by calling the number: 800 199 367 or by sending an email to the address: amministrazione@totalconnect.it
10) Start of the contract and its duration
This contract is considered completed after the user has registered for the service, expressly accepting all the clauses indicated here. Upon registration, as a whole, a number of messages or messages is assigned to prove the efficiency and characteristics of the service. Once this message credit has expired, the contract is automatically terminated, unless an additional credit for messages is purchased for consideration. In this second hypothesis, the contract remains in force, except for the methods of withdrawal and resolution determined later, for the duration of one year from the date of the last completed SMS purchase.
For the methods of purchase and payment, only those indicated on the website http://www.totalconnect.eu/ are valid
11) Express termination clause
11.1 This contract will be automatically terminated, with consequent interruption of the Service, as well as in the case referred to in paragraph 4.9 above, in case of default by the Customer to the obligations imposed on him by art. 8.3a), 8.3b), 8.3c).
12) Conciliation procedure
12.1 For disputes relating to this Contract, the conditions, criteria and procedures for the non-judicial settlement of the disputes established by the Authority for communications guarantees will be valid; in particular, an appeal can not be lodged in court until a compulsory conciliation attempt has been carried out to be completed within the application to the aforementioned Authority, pursuant to art. 1, paragraph 11, of Law 249/97. To this end, the terms for acting in court shall be suspended until the end of the conciliation procedure. This Agreement can not be transferred by the Customer to third parties, except with the prior written consent of ARCHYNET.
13) Right of withdrawal
13.1 If the Contract has been stipulated outside the business premises, in accordance with the provisions of art. 5 of Legislative Decree 22 May 1999, n.185, the CUSTOMER may withdraw by informing ARCHYNET by registered letter A.R. within 10 (ten) days from the activation of the Service, sending, to the address indicated in the following art. 14 (“Communications”), specific communication by registered letter A.R. pursuant to art. 4 et seq. of the same decree, without prejudice to the right of ARCHYNET to charge, pursuant to art. 7, paragraph 2, of the same decree, the fees for the activation and use of the Service and the related taxes or duties. The communication can be sent, within the same term, also by telegram, telex and facsimile, provided it is confirmed by registered letter with acknowledgment of receipt within the following 48 hours. The registered letter can be replaced by a signed e-mail with a time stamp in accordance with the T.U. 445/2000.
14) Communications
14.1 Any communication relating to this Contract, including any reports of faults and objections to charges, will be sent to the following address: – ARCHYNET Customer Service Via Principe Tommaso 55-10125 Turin, ARCHYNET will make known, in the most appropriate form, any activation other methods of communication (eg free-call numbers, e-mail, etc.). Regarding the customer’s address, the one indicated in this contract will be valid. Any changes will take effect only after they have been communicated to the other party in writing with at least 10 days’ notice.
15) Competent Court
For all disputes that arise in relation to the interpretation, execution and validity of this contract will be the exclusive jurisdiction of the Court of Turin. The eventual nullity and / or invalidity of clauses or part of one or more clauses does not overwhelm the entire contract or the other clauses contained therein not affected by nullity and / or invalidity which must therefore be considered fully valid and effective.
16) Reference to the law
16.1 For all matters not expressly provided for in this Contract, the applicable laws will be applicable.
The parties declare to specifically approve the clauses contained in this contract to the following articles:
2 (Bonds of the Parties), 3 (Conclusion of the contract), 4 (Consideration and payment conditions), 5 (Complaints on invoicing Reimbursement requests), 6 (Use of the Internet and access to services), 7 (Responsibility of Archynet), 8 (Responsibility of Client), 9 (Confidentiality), 10 (Duration), 11 (Express termination clause), 12 (Conciliation procedure), 13 (Right of withdrawal), 14 (Information).
The contract must be signed on all pages, faxed to 011 19837000 or by email at amministrazione@totalconnect.it and sent in original.
Attached to this copy of the identity document and trade certificate in the case of a company.
