General conditions
Condizioni generali di fornitura
1. Definitions
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 Motta 18, 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.
2. Premises
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.
3. Subject
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. In addition:- There is no minimum duration of the contract
- Cancellation period: 60 days before the expiry date of the service
- Enabled payment methods are:
- Bank transfer
- Credit card
- PayPal
- DPA – Additional Data Protection Agreement downloadable at this link
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 agrees that shared hosting will be used for hosting websites and web applications that do not cause a performance impact greater than that of a typical website used by a small or medium-sized business. The CUSTOMER agrees that server disk space will be used within these limitations.
his means that the CUSTOMER will not install or use the shared hosting environment to host the following types of applications:
– Video or audio streaming services,
– Game servers,
– Proxy servers or anonymization scripts,
– BitTorrent servers (trackers) or clients,
– Malicious scripts and/or data containing programming code like viruses, trojans, etc.,
– Scripts and content that deceive users (phishing sites) or are illegal,
– Mass messaging scripts that cannot be limited to a maximum number of simultaneous messages as defined in these Terms,
– Content that encourages illegal activities,
– IP scanners, penetration tools, or other tools used by hackers,
– Pornographic and violent content and documents containing hate speech,
– Advertising servers and scripts for ad exchanges or link exchanges,
– Mirror sites,
The CUSTOMER guarantees the originality of any information, program, or data (hereafter ‘Material’) entered through their identification code and/or password, in any form (text, graphics, images, sound, photos, videos, etc.) within the HOSTING service or, more generally, on the network.
Any copyright-protected material may only be entered into the above areas or spaces if the CUSTOMER has acquired usage rights from the copyright owner, with written permission and the obligation to cite the source and the existence of permission. The CUSTOMER assumes full responsibility for the accuracy and truthfulness of the entered Material, on their behalf or on behalf of third parties, and ensures that it is legitimately available, not in violation of mandatory regulations, and does not infringe on any trademarks, intellectual property rights, industrial property rights, or other rights of third parties under applicable laws or customs. In any case, the Material entered must not present forms and/or content of a pedo-pornographic, pornographic, soft-core, obscene, blasphemous, defamatory, political, religious, narcotics, or generally illegal nature. In case of a breach of the aforementioned regulations, the SUPPLIER has the right to remove the entered Material without any obligation to provide notice.
The CUSTOMER also acknowledges that it is prohibited to use or enable others to use the service in question, particularly for spamming, i.e., sending unsolicited and unwanted messages to third parties; creating deep links, i.e., linking from one page of a site to another, bypassing the respective Home Page; corresponding against morals and public order or with the purpose of disturbing public or private peace, causing offense, or direct or indirect harm to anyone; illegally intercepting, disrupting, or revealing computer or telematic communications or their content; violating, stealing, or suppressing computer or telematic correspondence between third parties; communicating offensive, insulting, or defamatory content on the network; violating the privacy of other network users; and directly or indirectly contravening the current laws of the Swiss State or any other State.
The CUSTOMER is aware that uploading and/or downloading any programs, files, or information from the network is at their own risk. The CUSTOMER substantially indemnifies and defends the SUPPLIER, holding them harmless from any loss, damage, liability, cost, expenses, including legal fees, arising from any violation of the above regulations.
The CUSTOMER agrees to use any web space purchased and made available by the SUPPLIER solely and exclusively for the publication of the website and not as a storage facility, i.e., as a tool for simple file storage and/or downloadable material from other sites.
The CUSTOMER will not use the SUPPLIER’s services to contravene or cause others to contravene (directly or indirectly) the current Swiss and European regulations.
It is also prohibited to upload, install, or use interactive applications (chat). This includes scripts written in PHP, Perl, Python, Ruby, or any other language, as well as IRC scripts or bots. Any application that enables real-time communication, such as online chat for customer support, or other chat applications, is not allowed.
Forums and any other application that allows comments must be protected by a form of anti-spam protection or require manual administration of comments. Any application that does not comply with these rules will be considered an infected application according to these Terms
The CUSTOMER is prohibited from installing, uploading, or using applications solely used for the paid or free sharing, uploading, or distribution of any type of multimedia files (images, audio, or video).
The CUSTOMER will install, upload, or use only applications that have been thoroughly tested and are ready for production. The shared hosting environment may not be used as a development or testing environment.
The SUPPLIER shall not be responsible for delays, malfunctions, suspension, and/or interruption – neither towards the CUSTOMER nor towards parties directly or indirectly connected to the CUSTOMER – in providing the Service caused by: force majeure or fortuitous events; tampering or illicit interventions by third parties on services or equipment used by the SUPPLIER; incorrect use of the Service by the CUSTOMER; malfunctioning of the connection devices used by the CUSTOMER.
The CUSTOMER agrees that the SUPPLIER may suspend the provision of the Service to ensure ordinary and extraordinary maintenance interventions, and will not be liable to 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 protect, and in any case, does not ensure the integrity of the material and/or programs, all owned by the CUSTOMER, located on their information systems. Consequently, the SUPPLIER shall not be liable for any damages that the CUSTOMER’s material and/or programs may suffer.
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.
In 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.
12. Payments
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.
14. Notifications
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.21. Invoicing
The invoice will be sent by email.22. Privacy policy
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 addresshttps://www.artera.net/en/privacy-policy/. 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.23. General term of supply addendum – Management of security violations and spam activity cases
This Addendum supplements the General Terms of Supply (« Agreement ») entered into between the Customer and DHH Switzerland SA (hereafter « we » or « us »). The purpose of this Addendum is to formalize procedures and responsibilities in the event of security violations of the Customer’s website, including spam activities.
RISK COMMUNICATION
We hereby inform the Customer of the need to mitigate the potential risks and consequences of a security breach, and particularly of spam activities carried out by a Customer’s web site or application, including but not limited to, reputation damage, data loss or exfiltration, and legal implications for both the Customer and us as an ISP.
SERVICE SUSPENSION
In the event of a security breach, we reserve the right to suspend service to the Customer. This action is necessary to protect the Customer’s website, other users, and our systems, as well as to prevent further damage. The Customer will be notified of such suspension as soon as possible
PREVENTIVE MEASURES
Acknowledging the importance of security, we commit to advising the Customer on preventive measures to reduce the risk of security breaches. These measures include, but are not limited to, regular updates of the CMS and plugins, use of strong passwords, implementation of security plugins, and regular security checks.
REPEATED VIOLATIONS
In the case of repeated security breaches for the same reasons, we reserve the right to take more severe measures, such as not reactivating hosting and close the contract inviting the Customer to move their site elsewhere. This is necessary to maintain the security of our infrastructure and our online reputation.
CUSTOMER ACCEPTANCE
The Customer agrees to comply with the provisions of this Addendum. This Addendum is published on our website and is an integral part of the contract between us and the Customer.
24. Diritti e responsabilità del registrante – ICANN
http://www.icann.org/en/resources/registrars/registrant-rights/educational
25. PEC
Operative manual: https://eshop.twt.it/pec/manuale/TWT-PEC-MO.pdf
