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General Terms of Use for the Flazio Domains Service
Last review: 27/11/2020
PLEASE READ THESE GENERAL TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT USER RIGHTS AND LEGAL REMEDIES.
1. OVERVIEW
This General Terms of Use Agreement ("Agreement") binds Flazio S.r.l, a company with its registered office in San Giovanni La Punta, Via Mazzini 2, C.F. and VAT number 05021040877 ("Flazio" or "Flazio.com") and the User and is effective from the date of use of this website ("Site") or the date of electronic acceptance.
This Agreement sets forth the general terms and conditions of use of the Site and the products and services purchased or accessible through this Site (individually and collectively, the "Services").
The service agreements and additional policies apply to certain Services and are in addition to (without replacing) this Agreement. In the event of a conflict between the provisions of a service agreement and the statements expressed in this Agreement, the provisions of the applicable service agreement will take precedence.
The terms "company," "we," or "our" refer to Flazio. The terms "User" or "client" will refer to any individual or legal entity that accepts this Agreement, has access to the User's account, or uses the Services. No part of this Agreement shall constitute an act of granting rights or benefits to any third party.
2. CHANGES TO THE CONTRACT, SITE OR SERVICES
Flazio may, at its sole and absolute discretion, change or modify this Agreement and any policies or contracts included herein, at any time, and such changes or modifications shall become effective immediately upon posting on this Site. Your use of this Site or the Services after such changes or modifications have been made constitutes your acceptance of the latest revision of this Agreement. If you do not accept the latest revision of this Agreement as binding, you must not use (or continue to use) the Site or the Services. Occasionally, Flazio may also notify you of changes or modifications to this Agreement via email. It is therefore very important that you keep your account information ("Account") up to date, including your email address. Flazio disclaims any liability for your failure to receive an email notification if this is due to an inaccurate or outdated email address. Furthermore, Flazio may terminate your use of the Services following your violation of any of the terms of this Agreement.
FLAZIO RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, PRICES AND FEES THEREOF, AT ANY TIME.
3. ELIGIBILITY; AUTHORITY
The Site and Services are provided only to individuals or entities ("Users") authorized to enter into legally binding contracts under applicable laws.
By using this Site or the Services, the user represents and warrants that they (i) are at least eighteen (18) years old, (ii) are otherwise authorized to enter into legally binding contracts under applicable laws, or (iii) are not a person barred from purchasing or receiving the Services provided, under Italian law or other applicable jurisdiction.
By subscribing to this Agreement on behalf of a company, the User affirms and warrants that they have the necessary legal authority to bind such company to the terms and conditions contained in this Agreement, in which case the terms "user" and "customer" will refer to such company. Should Flazio discover, following the user's electronic acceptance of this Agreement, that the user does not have the legal authority to bind such company, the user will be personally responsible for the obligations contained in this Agreement, including, but not limited to, payment obligations. Flazio will not be liable for any losses or damages resulting from Flazio's compliance with instructions, notices, documents, or communications deemed by Flazio in good faith to be authentic or from an authorized representative of the company. If there is reasonable doubt about the authenticity of such instructions, notices, documents, or communications, Flazio reserves the right (without any obligation) to require further authentication from the user. The user also agrees to be bound by the terms of this Agreement for transactions entered into by the user, anyone acting as an agent, and anyone using the account or Services, with or without authorization.
4. USER ACCOUNT
4.1 To access certain features of this Site or certain Services, the User must create an Account. The User represents and warrants to Flazio that all information submitted during the creation of the Account is accurate, current, and complete, and that they will keep the Account information updated, accurate, and complete.
4.2 If Flazio has reason to believe that the Account information is false, inaccurate, outdated, or incomplete, Flazio reserves the right, at its sole and absolute discretion, to suspend or cancel the User's Account.
4.3 The User is solely responsible for the activity that occurs on their Account, whether authorized by them or not, and must protect the Account information, including, but not limited to, the customer number/login, password, Payment Methods (defined below), and buyer PIN. For security reasons, Flazio recommends changing the password and buyer PIN at least every six (6) months for each Account.
4.4 The User must immediately notify Flazio of any security breach or unauthorized use of the Account.
4.5 Flazio will not be responsible for any loss suffered by the User due to unauthorized use of the Account.
4.6 The User, however, may be responsible for any loss suffered by Flazio or others due to the Account, caused by the User, an authorized person, or an unauthorized person.
4.7 In completing the registration procedures for the Services, the User agrees to follow the instructions indicated on this Site and to provide their personal data correctly and truthfully.
4.8 The User undertakes to promptly inform Flazio of any changes to their data communicated at any time.
4.9 Flazio reserves this right, as mentioned in point 4.2, even in the event that the competent authorities (e.g., banks or credit card holders) dispute the payments made by the User.
4.10 Upon the first request for activation of the Service by the User, Flazio will assign the User an User ID and a Password, specifically chosen by the user.
4.11 The User acknowledges that such User ID and Password constitute the access validation system for the service.
4.12 The Parties acknowledge and agree that such User ID and Password constitute the only suitable means to identify the User at the time of accessing the service. The User therefore agrees and acknowledges that all actions performed using the mentioned User ID and Password will be attributed to them and will have binding effect on them.
4.13 The User acknowledges being the sole and exclusive responsible for actions carried out through their User ID and Password and undertakes to keep them confidential and to safeguard them with due care and diligence, and not to transfer them even temporarily to third parties. In any case, the User agrees that computer records may be opposed and deduced before any competent Authority for any evidentiary purpose pursuant to and for the effects of this Agreement and that, in particular, the parties may base suitable civil evidence on them regarding the existence of relationships and/or acts subject to any dispute.
5. GENERAL RULES OF CONDUCT
The User acknowledges and agrees that:
5.1 The User's use of this Site and the Services, including submitted content, must comply with this Agreement, any applicable service contract or policy for the Services, and all applicable local, state, national, and international laws, regulations, and rules.
5.2 The User will not collect (nor consent to anyone else collecting) User Content (defined below) or non-public or personally identifiable information about any other User or any other natural or legal person without their prior explicit written consent.
5.3 The User will not use this Site or the Services in a way that (as determined by Flazio at its sole and absolute discretion):
Promote or encourage illegal activities or perpetrate illegal operations;
Promote, encourage, or engage in the exploitation of minors or any activity associated with the dissemination of material related to child sexual abuse;
Promote, encourage, or engage in terrorism or violence against people, animals, or property;
Promote, encourage, or conduct activities involving the sending of spam or other unsolicited mass emails, or hacking or violation of computers or networks;
Promoting or facilitating prostitution and/or sexual exploitation;
Violate the intellectual property rights of another User or any other natural or legal person;
Violate the privacy or disclosure rights of another User or any other individual or legal entity or breach confidentiality obligations towards another User or any other individual or legal entity;
Interfere with the functioning of this Site or the Services available on the Site;
Insert or install viruses, worms, bugs, trojan horses, or other codes, files, or programs designed to, or capable of, interrupting, damaging, or limiting the functionality of software or hardware;
Contain false or misleading language or unfounded or comparative statements, regarding Flazio's services.
5.4 The User must not copy or distribute any part of this Site or the Services by any means, unless explicitly authorized by Flazio.
5.5 The User is not authorized to modify any part of this Site or the Services available on the Site, nor any of the related technologies.
5.6 The User will not access Flazio Content (as defined below) or User Content with any other technology or means other than this Site itself or in the manner established by Flazio.
5.7 The User agrees to back up all User Content so that it can be accessed and used when necessary. Flazio does not guarantee to back up all Accounts or User Content, and the User accepts the risk of losing the content, in whole or in part.
5.8 The User will not resell or provide Services for commercial purposes, including related Flazio technologies, without the prior explicit written consent of Flazio.
5.9 The User agrees not to circumvent, disable, or otherwise interfere with the security features of this Site or the Services available on this Site (including, but not limited to, features that prevent or restrict the use or copying of Flazio Content or User Content) or to impose limitations on the use of this Site or the Services available on this Site, the Flazio Content, or the User Content available therein.
5.10 The User agrees to provide, when requested, a photo ID and/or the business identification number issued by the competent authorities for identity verification.
5.11 The User is informed that Flazio may, from time to time, contact them for information about their account and that, regarding the purpose of such calls, the User has no reasonable expectation of privacy during said calls; herein the User grants full permission, at their own and exclusive discretion, to fully record such calls regardless of whether Flazio asks the User during a particular call for consent to record it.
5.12 The User also acknowledges and agrees that, to the extent permitted by applicable law, such recordings may be submitted as evidence in legal proceedings in which Flazio is a party. Furthermore, by providing their phone number or mobile number, the User consents to receive promotional calls from or on behalf of Flazio that may originate from an automated system and/or use an artificial or prerecorded voice.
5.13 The User is aware that their consent does not represent a condition for the purchase of goods or services from Flazio. If you provide your mobile device number, you consent to receive text messages for commercial purposes from or on behalf of Flazio from an automated telephone system.
5.14 The User is aware that their consent does not represent a condition for the purchase of goods or services from Flazio. SMS and data service charges provided by their plan may apply.
5.15 Without limiting any rights set forth elsewhere in this Agreement, Flazio expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any of the Services (including, without limitation, the right to cancel or transfer any domain name registration) for any User (i) whose account or access to the Services has previously been terminated or suspended due to a violation of this Agreement or any other Flazio contract or policy or (ii) who is otherwise implicated or has been implicated in inappropriate or illegal activities during the use of the Site or Services (as determined by Flazio in its sole and absolute discretion).
6. USER DATA PROTECTION
Flazio offers certain hosting services to users that may involve the sending, collection, and/or use of information capable of identifying the user and their customers ("User Data") during the user's use of the Services ("Intended Services"). For the purposes of this Section, User Data excludes User Content.
6.1 The supplementary clauses on data processing ("Data Policy") of Flazio https://www.flazio.com/data-policy applicable to the provided Services are intended to contractually assure the user that we have robust mechanisms to ensure that the transfer of the user's Data, including from the EEA to the provided Services, complies with the current data privacy laws.
6.2 For the purposes of the Supplemental Data Processing Clauses and the Standard Contractual Clauses attached thereto, the user (and its affiliates) is considered the Data Controller/Data Exporter and its acceptance of the terms of use governing the Services provided at the time of purchase of any provided Service indicates acceptance of the Supplemental Data Processing Clauses and related appendices (including the Standard Contractual Clauses and related appendices, as applicable). To print, sign, and return the hard copy of the Supplemental Data Processing Clauses, send a request via email to dpo@flazio.com.
6.3 The Services provided, as defined in this Section or in the supplementary Data Processing Clauses, include hosting services subject to the terms and conditions of the Agreements for the following services: (1) Domain name registration, (2) Website Builder, (3) Hosting.
7. USER CONTENT
7.1 Some features of this Site or Services, including those Services hosted on Flazio, may allow users to view, post, share, store, or manage (a) ideas, opinions, suggestions, or advice through forum posts, content submitted in connection with a contest, reviews, or product or activity recommendations ("Material" submitted by the user) or (b) literary, artistic, musical, or other content, including, by way of example, photos and videos (together with the Material submitted by the User, "User Content").
7.2 User Content includes all content submitted through the Account. By posting or publishing User Content on this Site or through the Services, the User represents and warrants to Flazio (i) that they own all necessary rights to distribute the User Content through this Site or the Services, as they are the author and therefore have the right to distribute it, or because they have obtained appropriate distribution rights, licenses, consents, and/or written permissions from the copyright holder or other owner of the User Content, and (ii) that the User Content does not infringe the rights of any third parties.
7.3 The User is solely responsible for all User Content, including those submitted through their Account, as well as the consequences of and the requirements for their distribution.
7.4 Material sent by the User:
7.4.1 The User agrees that their proposals are entirely voluntary and do not create a confidential relationship nor obligate Flazio to consider such Material as confidential or secret; that Flazio has no obligations, explicit or implicit, to develop or use the Material; that no compensation is due to the User or others for the intentional or unintentional use of the Material; that Flazio may already be working on such content or similar content, may already be aware of such content from other sources, may want to develop such content (or similar) on its own behalf, or may have undertaken or undertake other actions.
7.4.2 Flazio will be the owner of the exclusive rights (including all intellectual property rights and other proprietary rights) on the User's Proposals published on this Site and will have the right to use and disclose the User's Proposals published on this Site without limitations for any purpose, commercial or otherwise, without acknowledgments or compensation to the User or anyone else.
7.5 User content other than User-Submitted Material:
7.5.1 By submitting or posting User Content on this Site or through the Services, the User authorizes Flazio to use the intellectual property and other proprietary rights related to the User Content, in order to allow the inclusion and use of the User Content as provided by this Site and this Agreement.
7.5.2 With this Agreement, the User grants Flazio a worldwide, non-exclusive, royalty-free, sublicensable (on multiple levels) and transferable license to use, reproduce, distribute, prepare related material, combine with other material, display, and perform the User's Content in connection with this Site, the Services, and Flazio's business (and Flazio's affiliates) including, by way of example, the promotion and redistribution, in whole or in part, of this Site in any media format and through any media channel without any limitations and without any obligation of payment or other considerations of any kind, permissions or notifications, to the User or third parties.
7.5.3 The User also grants each User of the Site a non-exclusive license to access the User Content (except for User Content designated as "private" or "password protected") through the Site and to use, reproduce, distribute, prepare related material, combine with other material, display, and perform the User Content as permitted through the features of this Site and under this Agreement.
7.5.4 The aforementioned license granted by the User for the user Content terminates within a commercially reasonable period of time after the removal or deletion of the user Content from the Site.
7.5.5 The User understands and agrees, however, that Flazio may retain (but not distribute, display, or perform) server copies of User Content that has been removed or deleted.
7.5.6 The licenses referred to in point 7.5.5, granted by the User for User Content, are perpetual and irrevocable. Notwithstanding any contrary provision contained herein, Flazio will not use User Content that has been designated as private or password-protected by the User for the purpose of promoting this Site or Flazio's business (or Flazio's affiliates). If the User has a website or other content hosted by Flazio, they will retain all ownership or license rights to the User Content.
8. AVAILABILITY OF WEBSITE/SERVICES
8.1 Subject to the terms and conditions of this Agreement and our other policies and procedures, we will use reasonable efforts to attempt to provide this Site and the Services twenty-four (24) hours a day and seven (7) days a week.
8.2 The User acknowledges and agrees that this Site may occasionally be inaccessible or not functioning for any reason, including, but not limited to, equipment malfunctions; periodic maintenance, repairs, or replacements occasionally performed by us; or causes beyond our reasonable control or not reasonably foreseeable, including, but not limited to, telecommunications or digital transmission link interruptions, hostile network attacks, network congestion, or other failures.
8.3 The User acknowledges and agrees that we have no control over the availability of this Site or the Services continuously or uninterruptedly and that no responsibility is assumed in this regard towards the User or any third party.
9. CREDITS FOR PRODUCTS
9.1 In the event that the user is provided with a credit for a product ("Credit"), whether for the redemption of the purchase of a specific product or free of charge along with the purchase of another product ("Purchased Product"), the user acknowledges and agrees that such Credit is valid for only one (1) year and is available only with a valid purchase and may be canceled if the purchased product is deleted, canceled, transferred, or not renewed.
9.2 The Credit will expire one (1) year from the date of purchase of the purchased Product, if it has not been redeemed.
9.3 In the event that the Credit is redeemed, after the initial subscription period, the product will be automatically renewed at the price in effect at that time until it is canceled.
9.4 To cancel the automatic renewal of the product, visit your Account or contact Customer Support.
9.5 If the product you purchased includes a free domain name, the list price of the domain name will be deducted from the refund amount if you cancel the purchased product.
9.6 The list price is the price of the domain name indicated on this website and is not subject to any discount, promotion, or other price reduction.
9.7 For Credits issued free of charge with another Product purchased, the User acknowledges and agrees that it is our right to replace the Credit with a similar product, at our sole discretion.
10. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
10.1 Flazio generally does not pre-screen User Content. However, Flazio reserves the right (without obligation) to do so and to decide whether a portion of the User Content is appropriate and/or complies with this Agreement.
10.2 Flazio may remove any portion of User Content (whether posted on a site hosted by Flazio or on this Site) and/or prevent User access to the Site or the Services available on it for the publication of material in violation of this Agreement or for other violations of the Agreement (as determined by Flazio in its sole and absolute discretion), at any time and without prior notice.
10.3 Flazio may also prevent User access to this Site or the Services available on it if Flazio has reason to believe that the User is a repeat offender.
10.4 If Flazio prevents access to the Site or its Services, Flazio may, at its sole and absolute discretion, remove and destroy any data and files stored on its servers.
10.5 RIGHT OF WITHDRAWAL
10.5.1 The User, a natural person who requests the provision of a Service for purposes unrelated to their professional activity (here 'Consumer'), will have the right to freely withdraw without having to provide any reason, from this Agreement within fourteen (14) working days following the conclusion of the relevant contract, pursuant to and for the purposes of Article 52 of the Consumer Code.
10.5.2 The withdrawal may be exercised by the User, pursuant to art. 54 paragraph 1 of the Consumer Code, using the withdrawal form referred to in Annex I, part B of the Consumer Code or by submitting any other explicit declaration of their decision to withdraw from the Agreement, to be sent by email to domains@flazio.com, before the expiration of the withdrawal period.
10.5.3 The information regarding the exercise of the right of withdrawal provided by Flazio to the User is visible at the bottom of this Agreement. The burden of proof regarding the correct exercise of the right of withdrawal, in accordance with the procedure indicated above, lies with the User.
10.5.4 Following the correct exercise of withdrawal by the User, Flazio will, pursuant to art. 56 paragraph 1 of the Consumer Code, within and no later than the following 30 days, reimburse the payments received from them, including, where incurred, delivery costs.
10.5.5 Flazio will carry out the refund using the same means of payment used by the User for the initial transaction.
10.5.6 Flazio will not be required to provide the release code (here 'Authcode') of the Service ('Domain' of the site) following the exercise of the right of withdrawal.
10.5.7 If a User requests the Authcode following the right of withdrawal, Flazio will not issue any refund.
EXCEPTION TO THE RIGHT OF WITHDRAWAL:
It is understood in any case that, with reference to the provision of services, the right of withdrawal cannot be exercised by the User after the complete provision of the service, as indicated below, by Flazio if the provision itself has begun with the express agreement of the User and they have agreed to lose the right of withdrawal following the full execution of the service by Flazio.
For illustrative and non-exhaustive purposes, the User acknowledges that the initiation of the domain name registration procedure, such as the activation of the SSL certificate, as well as any other service in which Flazio has proceeded to make the request to the various competent Authorities and/or third-party suppliers, is equivalent to 'complete service provision' pursuant to art. 59, co.1, lett. a) of Legislative Decree 206/2005.
The full text of the Consumer Code, updated with the amendments introduced by Legislative Decree 21/2014, is available at the address https://www.cyberlaws.it/2018/articolo-59-codice-del-consumo-d-lgs-n-206-2005/.
11. SUSPENDED SERVICES; END-OF-LIFE POLICY
11.1 Flazio reserves the right to interrupt the offer or provision of any Service at any time, for any reason or without reason and without notice.
11.2 Although Flazio does its best to extend the lifecycle of all the Services offered as much as possible, sometimes a Service may be suspended or reach the end of its lifecycle ("End of Life"). In such a case, the product or service in question will no longer be supported by Flazio in any way, starting from the End of Life date.
11.3 Notice and migration.
11.3.1 In the event that any offered Service has reached or is about to reach the End of Life, we will attempt to send a notice at least thirty days before the End of Life date. It is the User's responsibility to perform all necessary operations to replace the Service, either by migrating to a new Service before the End of Life date or by completely ceasing to use such Service before the End of Life date.
11.3.2 In both cases described in the point above, Flazio will offer a similar Service to which to migrate for the remaining subscription period, a store credit calculated proportionally, or a proportional refund, which will be determined by Flazio at its sole and absolute discretion.
11.3.3 Flazio may, even without notifying the User, migrate to the most updated version of the Subscription Service, if available. The User agrees to assume all responsibility for any loss or damage resulting from such migration.
11.4 Absence of liability.
11.4.1 Flazio will not be liable to the User or third parties for any modification, suspension, or interruption of any Service offered or for which support for access is provided.
12. BETA SERVICES
12.1 From time to time, Flazio may offer new Services (limited preview services or new features for existing Services) in a provisional version. The new Services, new features for existing Services, or limited preview services will be referred to, individually and collectively, as "Beta Services."
12.2 If the User chooses to use the beta Services, the use of the beta Services is subject to the following terms and conditions: (i) the User acknowledges and agrees that the beta Services are provisional versions and may not function properly; (ii) the User acknowledges and agrees that the use of the beta Services may expose them to unforeseen risks of operational errors; (iii) since the beta Services are provided as is, Flazio advises against using them in production or critical environments; (iv) Flazio reserves the right to modify, change, or suspend any aspect of the beta Services at any time; (v) the commercial versions of the beta Services may change radically and programs that use or run the beta Services may not work with the commercial versions or subsequent versions; (vi) Flazio may limit the availability of customer service time dedicated to support for the beta Services; (vii) the User acknowledges and agrees to provide immediate feedback on their experience with the beta Services in the manner reasonably requested by Flazio, including the information necessary to allow Flazio to duplicate any errors or issues encountered; (viii) the User acknowledges and agrees that Flazio may monitor their browsing habits, the links they click on, the items purchased, the type of device used, and may collect various types of data, such as analytics data and information on how they use and interact with the beta Services; (ix) the User acknowledges and agrees that all information related to their use of the beta Services, including their experience with and opinions on the beta Services, is confidential and may not be disclosed to third parties or used for purposes other than providing feedback to Flazio; (x) the beta Services are provided "as is," "as available," and "with all faults."
12.3 The User acknowledges and agrees that we may use the feedback for any purpose, including product development. Upon our request, the User shall provide comments that may be publicly used for press and marketing materials. The intellectual property inherent in the User's feedback or arising from the use of the beta Services will be the exclusive property of Flazio.
12.4 To the maximum extent permitted by law, Flazio disclaims any warranties, statutory, express or implied, relating to the beta Services, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement of third-party rights.
13. QUOTES AND PAYMENTS
13.1 The user agrees that automatic charges from Flazio may appear on their Payment Method. In order to avoid interruptions of the Services (represented for example by the failure to renew the domain in a timely manner, etc.), the automatic payment system may proceed to charge the cost of the Service itself to the payment systems already chosen by the User, starting from thirty (30) days before the expiration date of the contract in execution.
13.2 In the event that debit attempts are unsuccessful, Flazio assumes no responsibility for direct and/or indirect damages resulting from the failure to renew all Services purchased from third parties that require annual renewal.
Attachment (A) GENERAL CONDITIONS, INCLUDING AUTOMATIC RENEWAL TERMS
14. Payment due at the time of order; non-refundable.
14.1 The user agrees to pay all amounts due for the Services at the time of order. All amounts are non-refundable, except as otherwise specified in section 10.5 of this Agreement.
15. Price changes.
15.1 Flazio explicitly reserves the right to change its prices and fees at any time, and such changes will be published online on the Site and will become effective immediately without the need to send further notifications to the User.
15.2 If the User has purchased or registered for the Services for a period expressed in months or years, the price and fee changes will become effective when the Services in question are up for renewal, as further indicated below.
16. Types of payment.
16.1 Except to the extent prohibited in any specific product contract, the user may pay for the Services with one of the following "Payment Methods": (i) valid credit card, (ii) PayPal.
16.2 The payment method on file must be kept valid if there are active services for the user's account.
16.3 Any change in the Payment Method must be promptly communicated to Flazio so that they can update their systems with the new Payment Method chosen by the User, and maintain the continuity of the Services.
17. Issuance of refund.
17.1 The user agrees that if refunds are issued by crediting them according to the Payment Method, the issuance of a refund receipt by Flazio only constitutes confirmation that Flazio has issued the refund by crediting it according to the Payment Method charged at the time of the original sale and that Flazio has no control over when the refund will be applied to the available balance of the Payment Method.
17.2 The user also acknowledges and agrees that the payment provider and/or the individual issuing bank associated with the Payment Method establishes and regulates the time frames for recording the refund and that these time frames for recording the refund may range from five (5) business days to a full billing cycle or more.
17.3 If a refund is issued through the user's Payment Method and payment provider, the payment processing system, or the individual issuing bank associated with the Payment Method imposes limits on refunds, including, but not limited to, time limits for the refund or a maximum number of refunds allowed, then Flazio, at its sole and absolute discretion, reserves the right to issue the refund in the form of credit for the activation of additional Services.
17.4 Flazio also has the right to offer store credit to customers who wish for a refund, even if there are no limitations for refunds imposed by the Payment Method.
18. Annual billing date.
18.1 If the user receives an annual invoice, the billing date will correspond to the date of the day the user purchased the Services.
19 Automatic renewal terms.
19.1 Except as required by applicable laws, Flazio does not retain paper or electronic copies of mandates, standing orders, or permanent instruction forms and/or signed consents related to the user's use of our automatic renewal services, therefore we are unable to provide such documents upon request. The user can view or modify the automatic renewal settings at any time by accessing their account.
20. To ensure that the User does not experience any interruption or loss of Services, all Services offer an automatic renewal option.
20.1 The Services are automatically renewed starting 30 days before the expiration date of the current term for a renewal period equivalent to that of the most recent Service, except for domain names which can be renewed for the original service period. For example, if the last validity period of the Service is one year, the renewal period will also be one year. However, if renewal with the indicated Payment Method fails, Flazio may renew the applicable service for a period shorter than that of the original subscription to ensure the transaction is successful.
20.2 If the User does not disable automatic renewal, Flazio will automatically renew the relevant service when it detects the need for renewal and will acquire the payment through the Payment Method registered by the user in their account or through the backup Payment Method known to Flazio.
20.3 During the automatic renewal of services, Flazio will first attempt to charge the payment to the Payment Method associated with the Service in the user's account. In the event that Flazio is unable to charge the payment to this method, it will attempt to charge the payment to the methods designated as "backup" in the user's account. Renewals will be charged at Flazio's current rates.
20.4 The User agrees and acknowledges that these may be higher or lower than the rates charged for the original service period.
To view the renewal settings applicable to the User and the User's Services, they will simply need to access account management from this Site and follow the indicated steps.
20.5 To not automatically renew the services, it is possible to cancel the related option, in which case the Services will be terminated at the expiration of the current term if the User does not proceed with manual renewal before that date. In other words, if the User chooses to cancel the product and does not manually renew the Services before expiration, they may experience interruption or loss of the Services, and Flazio will not be liable to the User or third parties regarding this.
20.6 Furthermore, Flazio may participate in "Recurring Billing Programs" or "Account Updater Services" supported by the credit card issuing company (depending on the participation of the user's bank).
20.7 In the event of a failed charge on the registered Payment Method, the User's credit card network (or bank) may inform us of any updates regarding the card number and/or expiration date or may proceed with the charge on the new card on our behalf without prior notification to us.
20.8 Based on the requirements of programs with Recurring Billing, if we are notified of an update to the credit card number and/or its expiration date, Flazio will automatically update the User's payment profile on their behalf.
20.9 Flazio does not guarantee in any way that it will request or receive updated information on users' credit cards. The User acknowledges and agrees to be solely responsible for modifying and managing account settings, including, but not limited to, (i) the cancellation of products and (ii) ensuring that associated payment methods are up-to-date and valid.
20.10 Furthermore, the User acknowledges and agrees that failure to do so may result in the interruption or loss of Services and Flazio cannot be held liable in this regard to the user or third parties concerning this.
20.11 If for any reason Flazio is unable to charge the full amount due to the User's Payment Method or if Flazio receives notification of chargebacks, payment disputes, or is charged a penalty for any charges previously made to the User's Payment Method, the User agrees that Flazio may take any measures permitted by law to obtain payment, including, but not limited to, immediate cancellation without notifying the user of any domain name or Service registered or renewed on behalf of the user.
20.12 Flazio also reserves the right to charge the user reasonable "administrative" fees for (i) activities performed by Flazio not included in the normal scope of the Services, (ii) additional time and/or costs incurred by Flazio for the provision of the Services and/or (iii) the user's non-compliance with this Agreement (as determined by Flazio at its sole discretion).
20.13 Typical situations of administrative expenses or processing fees include, by way of example, (i) customer service issues that require additional time or attention from staff; (ii) UDRP (Uniform Domain-Name Dispute Resolution Policy) actions related to the user's domain names and/or disputes requiring accounting or legal services, whether performed by Flazio staff or external firms engaged by Flazio; (iii) recovery of all costs and expenses, including the cost of Services, incurred by Flazio as a result of chargeback refusals or other payment disputes raised by the user, their bank, or the Payment Method processing system. Such administrative expenses or processing fees will be billed to the Payment Method registered by the user with Flazio.
20.14 Flazio can provide price lists for products in different currencies. The transaction will be processed in the selected currency and the price displayed during the checkout process will correspond to the amount actually sent for payment.
20.15 For certain Payment Methods, the issuing institution of the Payment Method may charge the user a foreign transaction fee or other charges, which may be added to the final amount shown on the statement or as a separate amount. For further details, please contact the institution that issued the Payment Method.
20.16 Furthermore, regardless of the selected currency, the user acknowledges and agrees that they may be charged VAT, goods and services tax, or other local taxes and/or fees, depending on the bank and/or country indicated in the billing address section.
21. FURTHER RESERVATION OF RIGHTS
Flazio expressly reserves the right to deny, cancel, terminate, suspend, block, or modify access to (or control of) all Accounts or Services (including the right to cancel or transfer domain name registrations) for any reason (as determined by Flazio, in its sole and absolute discretion), including, but not limited to, the following: (i) to correct errors made by Flazio in providing the Services (including domain name registration), (ii) to protect the integrity and stability of, and to correct errors made by, any domain name registry or registrar, (iii) to assist in fraud and abuse detection and prevention activities, (iv) to comply with court orders against the User and/or their domain name or website and with applicable local, state, national, and international laws, regulations, and rules, (v) to comply with law enforcement requests, including subpoenas, (vi) to comply with dispute resolution proceedings, (vii) to defend against legal actions or proceedings regardless of whether such legal actions or proceedings are recognized as valid or invalid, (viii) to avoid any civil or criminal liability for Flazio, its officers, directors, employees, and agents, as well as for Flazio's affiliates, including, but not limited to, cases where the User has sued or threatened to sue Flazio, (ix) to respond to a high number of complaints related in any way to the Account, the User's domain name, or the content on their site that could harm Flazio's business, operations, reputation, or shareholders.
21.1 Flazio expressly reserves the right to examine each Account to verify that the use of space and bandwidth is not excessive and to close or apply additional quotas to Accounts that exceed the allowed levels.
21.2 Flazio expressly reserves the right to cancel, without prior notice, all Services where, at Flazio's sole discretion, the user is offending or threatening Flazio and/or Flazio's employees.
22. Flazio Contents.
22.1 Except for User Content, the contents of this Site and Services, including, but not limited to, text, software, scripts, source code, APIs, graphics, photos, sounds, music, videos, and interactive features, and the trademarks, service marks, and logos contained therein ("Flazio Content"), are owned by or licensed to Flazio indefinitely and are subject to copyright, trademark, and/or patent protection in Italy and foreign countries and other intellectual property rights under Italian and foreign laws.
22.2 The contents of Flazio are provided to the User "as is", "as available" and "with all faults", for informational purposes and exclusively for personal and non-commercial use and may not be downloaded, copied, reproduced, distributed, transferred, transmitted, displayed, sold, licensed or otherwise exploited for any purpose without the prior explicit written consent of Flazio. No rights or licenses protected by copyright, trademark, patent or other proprietary rights or licenses are granted by this Agreement. Flazio reserves all rights not explicitly granted in and to the Flazio Contents, this Site and the Services and this Agreement does not transfer the ownership of any of such rights.
23. PROHIBITION OF SPAM; LIQUIDATION OF DAMAGES
23.1 Prohibition of spam.
We do not tolerate the transmission of spam. Jumbo monitor all traffic to and from our web servers for indications of spamming and manage a complaint center for spam abuse, where spam abuse allegations can be recorded. Customers suspected of using our products and services to send spam are subject to thorough investigation. If we determine that there is a spam issue, we will take the necessary steps to resolve the situation.
23.2 Spam refers to the sending of unsolicited commercial emails, unsolicited bulk emails, or unsolicited faxes, i.e., email or fax messages sent to recipients as advertisements or other forms of communication without the recipient's explicit consent to such transmissions. This may include, but is not limited to, the following:
Email messages
Newsgroup post
Windows system messages
Pop-up messages (or "adware" or "spyware" messages)
Instant messages (via AOL, MSN, Yahoo or other instant messaging programs)
Advertising in online chat rooms
Guestbook or forum post on the website
Invitations via fax
Text Messages/SMS
23.3 We will not allow the use of servers and services for the purposes described above. To use our products and services, you must not only comply with all applicable laws and regulations but also with this anti-spam policy.
23.4 Commercial advertising and/or mass emails or faxes may only be sent to recipients who have explicitly consented to receive messages. They must include a valid sender address and a reply address, the sender's physical address, and an unsubscribe method in the footer of the email or fax. Upon our request, it may be necessary to provide confirmation of explicit consent for an email address or fax number.
23.5 If we determine that the accounts, products, or services in question are being used in connection with spam activities, we will redirect, suspend, or cancel accounts, website hosting, domain registration, email boxes, or other applicable products or services. In such cases, at our sole discretion, we may require the user to declare via email that they will cease sending spam by themselves or others and a non-refundable reactivation fee to be paid before the site, email boxes, and/or services are reactivated.
We recommend all customers and recipients of emails generated by our products and services to report suspected spam messages. Suspected abuse can be reported by email to domains@flazio.com.
23.6 Settlement of damages.
23.6.1 The User agrees that we may immediately close any Account if it is deemed, at our sole and absolute discretion, to be transmitting or otherwise connected to spam or unsolicited mass emails.
24. CLAIMS ON TRADEMARKS AND/OR COPYRIGHT
24.1 Flazio supports the protection of intellectual property. To submit (i) a trademark complaint for the infringement of a trademark for which the User has a registered or valid trademark, or (ii) a copyright complaint for materials for which the User has a bona fide copyright, please refer to the Trademark and/or Copyright Infringement Policy of Flazio mentioned earlier.
25. LINKS TO THIRD-PARTY WEBSITES
25.1 This Site and the Services available on it may contain links to third-party websites that are not owned or controlled by Flazio. Flazio assumes no responsibility regarding the content, terms and conditions, privacy policies, or practices of such third-party websites.
25.2 Furthermore, Flazio does not censor or modify the content of any third-party website. By using this Site or the Services available on this Site, the User releases Flazio from any liability arising from the use of a third-party website. Consequently, Flazio urges the User to exercise caution when leaving this Site or the Services available on this Site and to review the terms and conditions, privacy policies, and other official documents of every other website visited.
26. Disclaimer of Statements and Warranties
26.1 The User specifically acknowledges and agrees that the use of this Site and the Services available on this site will be at their own risk and that this Site and the Services available on this site are provided "as is", "as available" and "with all faults".
26.2 Flazio, its officers, directors, employees, operators, and all third-party service providers make no statutory, implied, or express warranties, including, but not limited to, all implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
26.3 Flazio, its officers, directors, employees, and operators make no representations or warranties regarding (i) the accuracy, completeness, or content of the site, (ii) the accuracy, completeness, or content of sites linked (via hyperlinks, banners, advertisements, or otherwise) to this site and/or (iii) services available on the site or on other sites linked (via hyperlinks, banners, advertisements, or otherwise) to this site; Flazio assumes no responsibility for what is indicated.
26.4 The User specifically acknowledges and agrees that no oral or written information or advice provided by Flazio, its officers, directors, employees, or agents (including, but not limited to, call center or customer service representatives) and third-party service providers (i) will constitute legal or financial advice or (ii) will create any warranty of any kind with reference to this Site or the Services available on this site, and that users should not rely on any such information or advice.
26.5 The preceding disclaimer of representations and warranties will apply to the maximum extent permitted by law and will remain valid even after the termination or expiration of this Agreement or after the use of this Site or the Services available on this site.
27. Limitation of Liability
27.1 In no event shall Flazio and its respective officers, directors, employees, agents, and all third-party service providers be liable to the user or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including those that may result from (i) accuracy, completeness, or content of this Site, (ii) accuracy, completeness, or content of any site linked (through hyperlinks, banner ads, or otherwise) to this Site, (iii) services available on this Site or any site linked (through hyperlinks, banner ads, or otherwise) to this Site, (iv) personal injury or property damage of any nature, (v) conduct of any third party of any nature, (vi) unauthorized access to or use of our servers and/or any content, personal, financial, or other information and data stored therein, (vii) interruptions or cessation of services to or from this Site or any site linked (through hyperlinks, banner ads, or otherwise) to this site, (viii) viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this Site or any site linked (through hyperlinks, banner ads, or otherwise) to this site, (ix) user content or defamatory, offensive, abusive, harmful to minors or any protected category, pornographic, restricted to minors, obscene, or otherwise morally objectionable content and/or (x) any loss or damage of any kind incurred as a result of the user's use of this site or the services available on this site, whether based on warranty, contract, tort, or any other legal or equitable theory and whether or not Flazio has been advised of the possibility of such damages.
28. COMPENSATION
The User agrees to protect, defend, indemnify, and hold harmless Flazio and its officers, directors, employees, agents, and third-party service providers from any liability related to claims, demands, costs, expenses, losses, liabilities, and damages of any kind and nature (including, without limitation, attorney fees) imposed or incurred by Flazio directly or indirectly arising from (i) the use of and access to this Site or the Services available on this Site; (ii) the violation of any provision of this Agreement or the policies or contracts included herein; and/or (iii) the violation of any third-party rights, including, without limitation, intellectual property rights or other proprietary rights. The indemnification obligations under this section will remain valid even after the termination or expiration of this Agreement or after the use of this Site or the Services available on this Site.
21. COMPLIANCE WITH LOCAL LAWS
21.1 Flazio makes no representation or warranty that the content included on this Site or in the Services available on the Site is appropriate in every country or jurisdiction and regarding access to this Site or the Services available on the Site from countries or jurisdictions where the content is illegal or prohibited. Users who choose to access this Site or the Services available on the Site are responsible for complying with all local laws, regulations, and rules.
22. COMMUNICATIONS
22.1 - Any communication between this Site and the User regarding this Agreement must be addressed to the attention of their respective legal representatives and sent to them via the email address indicated at the time of activation of this Agreement.
23.2 - The User and Flazio declare the aforementioned address valid and current, at which they elect, for all legal purposes, legal domicile for communications related to this Agreement and commit to notifying each other of any changes.
24. PRIVACY
24.1 - During the term of this Agreement and even after its expiration, the User agrees to treat as confidential and private all data and information that they have become aware of during the execution of this Agreement and not to use them for purposes other than those strictly agreed upon.
24.2 - Flazio reserves the right to transmit data or information to parties delegated to perform the services related to the Services of this Agreement.
25. PRIVACY PROTECTION
25.1 - The processing of personal data of Users and their Legal Representatives is to be considered lawful pursuant to Art. 6 paragraph 1 letter b) of Reg EU/2016/679, limited to the needs and purposes of this Agreement.
25.2 - The processing of personal data communicated by Users to Flazio for the purpose of executing this Agreement and the related Services will take place in accordance with European Regulation 679/2016 and the Privacy Policy provided by Flazio during online registration and based on the consent to data processing expressed by the User at that time.
25.3 - The User, in the person of the registrant, expressly declares to have received and carefully reviewed the information regarding the processing of their personal data, for the purposes indicated therein, and to have given their full, informed, and granular consent, through the conscious registration on this Site.
26. FINAL PROVISIONS
26.1 - No modification, condition, clause not contained in this Agreement shall be effective between the parties, unless expressly approved in writing.
26.2 - Any tolerant, permissive behaviors, even if repeated, in the non-compliance with the obligations arising from this Agreement shall not constitute any right, nor modify obligations, nor shall they be considered a waiver to assert rights.
26.3 - Flazio's inability to exercise or enforce a right or certain terms of this Agreement does not constitute a waiver of such right or to subsequently request the application of any provision of this Agreement.
26.4 - The relationships between Flazio and the User established by this Agreement cannot be understood as relationships of mandate, partnership, representation, collaboration, or association, or other similar or equivalent contractual forms.
27 - REFERENCE TO LEGAL PROVISIONS AND COMPETENT COURT
27.1 - This Agreement is subject to Italian law.
27.2 - The conditions expressed in this Agreement derogate from the legal provisions, where permitted.
27.3 - For any dispute relating to this Agreement, not otherwise resolvable through amicable settlement or conciliation procedure, the parties expressly recognize the exclusive jurisdiction of the Court of Catania, and knowingly waive, where permitted by law, the natural forum of the contracting parties. This contract was perfected in Catania, on the date recorded by the log files and monitoring systems of Flazio servers.
THIS AGREEMENT HAS BEEN CAREFULLY READ AND UNDERSTOOD BY THE PARTIES AND ONLY AFTER FREELY AND CONSCIOUSLY SIGNED THROUGH SPECIFIC REGISTRATION ON THE SITE domains.flazio.com. THE TERMS AND CONDITIONS EXPRESSED THEREIN ARE THEREFORE BINDING ON THE PARTIES FOR ALL LEGAL PURPOSES.
The acceptance of these terms and conditions and the aforementioned onerous clauses is recorded on the servers of GoogleCloud Platform zone Europe-West 1b Saint-Ghislain, Belgium (50°28′09.6″N 3°51′55.7″E), on the date recorded by the log files and monitoring systems of Flazio.
28. EXCLUSION OF THIRD-PARTY BENEFICIARIES
28.1 No part of this Agreement shall constitute an act of granting rights or benefits to any third party.
29. CONTACTS
If you have any questions regarding this Agreement, you can contact us via email or regular mail at the following address:
Flazio S.r.l
Via Mazzini 2
95047 - San Giovanni La Punta (CT)
Italy
dpo@flazio.com