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Translated versions of agreements and legal notices are provided only for the purpose of facilitating the reading and understanding of the Italian versions. The provision of translations of legal agreements and notices is not intended to create a legally binding contract, nor to replace the legal validity of the English versions. In the event of disputes or conflicts, the Italian versions of agreements and legal information regulate our relationship and will prevail over the terms translated into other languages.
General terms of use of the Flazio Domains service
Last revision: 11/27/2020
PLEASE READ THESE GENERAL TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND LEGAL REMEDIES.
1. OVERVIEW
This Agreement on the General Terms of Use ("Agreement") binds Flazio S.r.l, a company with registered office in San Giovanni La Punta, Via Mazzini 2, C.F. and VAT number 05021040877 ("Flazio" or "Flazio.com") and the User and takes effect from the date of use of this website ("Site") or from the date of electronic acceptance.
This Agreement establishes the general terms and conditions for the use of the Site and the products and services purchased or accessible through this Site (individually and collectively, the "Services").
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 made in this Agreement, the provisions of the applicable service agreement will take precedence.
The terms "society", "we" or "our" refer to Flazio. The terms "User" or "customer" will refer to any natural or legal person who accepts this Agreement, has access to the User's account or uses the Services. No part of this Agreement may constitute an act of conferring rights or advantages to any third party.
2. CHANGES TO THE CONTRACT, SITE OR SERVICES
Flazio may, in its sole and absolute discretion, change or modify this Agreement and any policy or contract included therein, at any time, and such changes or modifications will become effective immediately upon posting on this Site. user of this Site or the Services after such changes or modifications have been made constitutes acceptance by the user 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 send the user a notification of changes or modifications to this Agreement by email. It is therefore very important that you keep your account information ("Account") up to date, including your email address. Flazio declines any responsibility for the non-receipt of an email notification from the user, in the event that this is due to an inaccurate or outdated email address. Furthermore, Flazio may terminate the use of the Services for the user following the violation of any of the terms of this Agreement by the user.
FLAZIO RESERVES THE RIGHT TO MODIFY, CHANGE OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, PRICES AND RATES OF THE SAME, AT ANY TIME.
3. ELIGIBILITY; AUTHORITY
The Site and the Services are provided only to natural or legal persons ("Users") entitled to stipulate legally binding contracts based on the laws in force.
By using this Site or the Services, you represent and warrant that (i) you are at least eighteen (18) years old, (ii) that you are in any case authorized to enter into legally binding contracts under the laws in force or purchase or receipt of the Services provided, pursuant to Italian laws or other applicable jurisdiction.
By entering into this Agreement on behalf of a company, you represent and warrant that you have the necessary legal authority to bind that company to the terms and conditions contained in this Agreement, in which case the terms "user" and "customer" will reference to that company. If, following the electronic acceptance of this Agreement by the user, Flazio should discover that the user does not have the legal authority to bind this company, the user will be personally responsible for the obligations contained in this Agreement, including , by way of example, payment obligations. Flazio will not be liable for any loss or damage resulting from Flazio's compliance with instructions, notices, documents or communications deemed by Flazio in good faith as authentic or from an authorized representative of his company. If there is a reasonable doubt on the authenticity of such instructions, notifications, documents or communications, Flazio reserves the right (without any obligation) to request further authentication from the user. You also accept the terms of this Agreement as binding for transactions entered into by you, anyone acting as an agent and anyone using your account or Services, with or without authorization.
4. USER ACCOUNT
4.1 To access some features of this Site or some Services, the User must create an Account. The User declares and guarantees to Flazio that all information sent during the creation of the Account is accurate, updated and complete and that he will keep the Account information updated, precise and complete.
4.2 If Flazio has reason to believe that the Account information is false, inaccurate, expired or incomplete, Flazio reserves the right, in its sole and absolute discretion, to suspend or cancel the User's Account.
4.3 The User is solely responsible for the activity that takes place in his Account, whether authorized by him or not, and must protect the Account information, including, by way of example, the customer number / login, password, methods of payment (defined below) and the buyer PIN. For security reasons, Flazio recommends changing the buyer password and PIN at least every six (6) months for each Account.
4.4 The User must immediately notify Flazio of any breach of security 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 by others through the Account, caused by the User, by an authorized person or by an unauthorized person.
4.7 In completing the registration procedures for the Services, the User undertakes 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 in their data at any time communicated.
4.9 Flazio reserves this right, referred to in point 4.2, even in the event that the competent bodies (eg banks or credit card holders) contest the payments made by the User.
4.10 On the occasion of the first request for activation of the Service by the User, Flazio will assign him a User ID and a Password, specifically chosen by the user.
4.11 The User acknowledges that these User ID and Password constitute the system for validating access to the service.
4.12 The Parties acknowledge and agree that these User ID and Password are the only means suitable for identifying the User when accessing the service. The User therefore agrees and agrees that all acts performed through the use of the aforementioned User ID and Password will be attributed to him and will be binding on him.
4.13 The User acknowledges that he is solely and exclusively responsible for the acts performed through his User ID and Password and undertakes to maintain their confidentiality and to keep them with due care and diligence and not to transfer them, even temporarily, to third parties. In any case, the User accepts that the computer recordings can be opposed and deducted before any competent Authority for any probative purpose pursuant to and for the purposes of this Agreement and that, in particular, the parties can base suitable civil evidence on them. about the existence of the relationships and / or deeds subject to any dispute
5. GENERAL RULES OF CONDUCT
The User acknowledges and accepts that:
5.1 The use by the User of this Site and the Services, including the content sent, must comply with this Agreement, with any service contract or policy applicable to the Services and all local, state, laws, regulations and regulations. national and international in force.
5.2 The User will not collect (nor allow anyone else to collect) the User Content (defined below) or information that is not public or that allows personal identification about any other User or any other natural or legal person without their with explicit written consent.
5.3 The User will not use this Site or the Services in such a way as to (as established by Flazio in its sole and absolute discretion):
Promote or encourage illegal activities or carry out illegal operations;
Promote, encourage or engage in the exploitation of minors or any activity associated with the dissemination of material relating to child sexual abuse;
Promote, encourage or engage in terrorism or violence against people, animals or property;
Promote, encourage or engage in spamming or other unsolicited mass emailing or hacking or hacking of computers or networks;
Promote or facilitate 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 natural or legal person or breach the confidentiality obligations towards another User or any other natural or legal person;
Interfere with the operation of this Site or the Services available in
the Site;
Insert or install any viruses, worms, bugs, Trojan horses or other code, files or programs designed for, or capable of, interrupting, damaging or limiting the functionality of any software or hardware;
Contain false or misleading language or unfounded or comparative statements, relating to the services of Flazio.
5.4 The User must not copy or distribute by any means any part of this Site or the Services, 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 the Contents of Flazio (as defined below) or the Contents of the User with any other technology or means other than this Site itself or in the manner established by Flazio.
5.7 You agree to back up all User Content so that you can access and use it 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 Flazio's related technologies, without Flazio's prior express written consent.
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, by way of example, the features that prevent or limit the use or copying of the Contents di Flazio or the User Content) or to apply limitations to the use of this Site or the Services available on this Site, the Flazio Content or the User Content available there.
5.10 The User agrees to provide, when requested, an identity document with photo and / or the company identification number issued by the competent authorities for the verification of identity.
5.11 The User is informed that Flazio may, from time to time, contact him for information on his account and that, in relation to the purpose of such calls, the User has no reasonable expectation of privacy during said calls; there the User grants to all intents and purposes the permission, at its sole discretion, to record such calls entirely regardless of whether Flazio asks the User during a specific call for consent to record it.
5.12 The User also acknowledges and accepts that, to the extent permitted by the law in force, such registrations may be sent as evidence in the legal proceedings in which Flazio is a party. Furthermore, by providing their telephone number or mobile number, the User agrees to receive telephone calls for promotional purposes from or on behalf of Flazio which could come from an automated system and / or use an artificial or pre-recorded voice.
5.13 The User is aware that his 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 his consent does not represent a condition for the purchase of goods or services from Flazio. Your plan's SMS and data rates may apply.
5.15 Without limiting any right established elsewhere in this Agreement, Flazio expressly reserves the right to deny, cancel, terminate, suspend or limit future access to this Site or to any of the Services (including, by way of example, the right to cancel or transfer any domain name registration) for any User (i) whose account or access to the Services had previously been terminated or suspended due to breach of this Agreement or any other contract or policy of Flazio or (ii ) that is otherwise involved or has been involved in inappropriate or illegal activities while using the Site or the Services (as established by Flazio in its sole and absolute discretion).
6. PROTECTION OF USER DATA
Flazio offers certain hosting Services to users that may involve the sending, collection and / or use of information capable of identifying the user and his customers ("User Data") during the use of the Services by the user ("Services provided"). User Data, for the purposes of this Section, excludes User Content.
6.1 The Supplementary Clauses on data processing ("Data Policy") of Flazio https://www.flazio.com/data-policy applicable to the Services provided, intend to guarantee the user by contract that we have robust mechanisms to ensure that the transfer of user data, including the EEA to the services provided, is in compliance with the law
in force regarding data privacy.
6.2 For the purposes of the Supplementary Data Processing Clauses and the Standard Contractual Clauses attached thereto, the user (and its affiliated companies) is considered Data Controller / Data Exporter and his acceptance of the terms of use that regulate the Services provided at the time of purchase of any Service provided indicates acceptance of the Supplementary 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 Supplementary 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 the Services, including those Services hosted on Flazio, may allow users to view, publish, share, store or manage (a) ideas, opinions, suggestions or advice through forum posts, content sent in relation to a competition, reviews or advice on products or activities ("Material" submitted by the user) or (b) literary, artistic, musical or other content, including, but not limited to, photos and videos (together with the Material sent 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 in the Services or through them, the User declares and warrants to Flazio (i) that he possesses all the rights necessary for the distribution of User Content through this Site or through the Services, because he is the author and therefore has the right to distribute it or because he possesses appropriate distribution rights, licenses, consents and / or authorizations for use obtained in writing from the copyright holder or other owner of the User Content, and ( ii) that the User Content does not violate the rights of any third parties.
7.3 The User is solely responsible for all User Content, including those sent through his / her 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 accepts that his proposals are absolutely voluntary and do not determine a confidential relationship or oblige Flazio to consider such Material as confidential or secret; that Flazio has no obligations, explicit or implicit, to develop or use the Material; that you or others are not due any compensation for the intentional or unintentional use of the Material; that Flazio may already be operating on such content or similar content, may already be aware of such content from other sources, may wish to develop such content (or similar) on its own 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 Proposals published on this Site and will have the right to use and disclose the User Proposals published on this Site without limitation. for any purpose, commercial or otherwise, without recognition or compensation for the User or anyone else.
7.5 User Content other than User Submitted Material:
7.5.1 By submitting or publishing User Content on this Site or through the Services, the User authorizes Flazio to use the intellectual property and other proprietary rights relating to the User Content, in order to allow the insertion and the use of the User Content in the manner provided by this Site and this Agreement.
7.5.2 With this Agreement, the User grants Flazio a license valid all over the world, non-exclusive, free of charge, sublicensable (on multiple levels) and transferable for use, reproduction, distribution, the preparation of related material, the combination with other material, the display and execution of the User Content in relation to this Site, the Services and the activity of Flazio (and its affiliates) including, by way of example, the promotion and redistribution, in whole or in part, of this Site in any multimedia format and through any multimedia channel without limitations of any kind and without any obligation to pay or other considerations of any kind, authorizations or notifications, to the User or to third parties.
7.5.3 The User also grants each User of the Site a non-exclusive license to access the
User Content (with the exception of User Content designated as "private" or "password protected") through the Site and for use, reproduction, distribution, preparation of related material, combination with other material , viewing and executing 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 User Content terminates within a reasonable timeframe, from a commercial point of view, after the removal or deletion of the User Content from the Site.
7.5.5 The User understands and accepts, however, that Flazio may keep (but not distribute, display or run) copies on the server of the User Content that have been removed or deleted.
7.5.6 The licenses referred to in point 7.5.5, granted by the User for the User Content are perpetual and irrevocable. Notwithstanding any provision to the contrary contained in this document, 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 the business of Flazio (or Flazio affiliates). If the User has a website or other content hosted by Flazio, he will hold all ownership or license rights on 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 accepts that this Site may from time to time not be accessible or functional for any reason, including, by way of example, equipment malfunctions; periodic maintenance, repairs or replacements occasionally performed by us; or causes beyond our reasonable control or not reasonably foreseeable, including, without limitation, disruption of telecommunications or digital transmission links, hostile network attacks, network congestion or other failures.
8.3 The User acknowledges and accepts that we have no control over the availability of this Site or the Services continuously or uninterruptedly and that it does not assume any responsibility 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 it is for the redemption of the purchase of a specific product or free of charge together with the purchase of another product ("Product purchased") , you acknowledge and agree that such Credit is valid only for one (1) year and is available only with a valid purchase and may be canceled in the event that 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 canceled.
9.4 To cancel the automatic product renewal, please visit your Account or contact Customer Service.
9.5 If the product you purchased includes a free domain name, by canceling the purchased Product, the list price of the domain name will be deducted from the refund amount.
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, You acknowledge and agree that it is our right to replace the Credit with a similar product, in our sole discretion.
10. MONITORING OF CONTENTS; ACCOUNT TERMINATION POLICY
10.1 Flazio generally does not check the User Content in advance. However, Flazio reserves the right (without being an obligation) to do so and to decide whether a portion of the User Content is appropriate and / or compliant with this Agreement.
10.2 Flazio may remove any portion of the User Content (whether published on a site hosted by Flazio or on this Site) and / or prevent User access to the Site or to 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 notification.
10.3 Flazio may also prevent the User from accessing this Site or the Services available on it if Flazio has reason to believe that the User is a multiple recidivist.
10
.4 If Flazio prevents access to the Site or related 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 who is a natural person who requests the provision of a Service for purposes unrelated to his professional activity (therein the 'Consumer'), will have the right to freely withdraw from this Agreement without giving any reasons, within fourteen (14) days. working after the conclusion of the related contract, pursuant to and for the purposes of art. 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 your decision to withdraw from the Agreement, to be sent by e-mail to the address domains@flazio.com, before the withdrawal period expires.
10.5.3 The information about 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 relating to the correct exercise of the right of withdrawal, in accordance with the above procedure, lies with the User.
10.5.4 Following the correct exercise of the withdrawal by the User, Flazio will, pursuant to art. 56 paragraph 1 of the Consumer Code, no later than the following 30 days, to reimburse the same the payments received, including, where they have been incurred, the delivery costs.
10.5.5 Flazio will reimburse using the same payment method used by the User for the initial transaction.
10.5.6 Flazio will not be required to provide the release code (herein 'Authcode') of the Service ('Domain' of the site) after exercising the right of withdrawal.
10.5.7 If a User requests the Authcode code following the right of withdrawal, Flazio will not issue any refund.
EXCEPTION TO THE RIGHT OF WITHDRAWAL:
In any case, it is understood that, with reference to the performance of the service, the right of withdrawal cannot be exercised by the User after the complete provision of the service, as indicated below, by Flazio if the supply itself began with the express agreement of the User and the latter has accepted to lose the right of withdrawal following the full execution of the service by Flazio.
By way of example and not exhaustive, the User acknowledges that the start of the registration procedure of a domain name, such as the activation of the SSL certificate, as well as any other service in which Flazio has proceeded to make the request to various competent Authorities and / or third-party suppliers, are equivalent to 'complete provision of the service' pursuant to art. 59, paragraph 1, lett. a) of Legislative Decree 206/2005.
The complete text of the Consumer Code, updated with the changes introduced by Legislative Decree 21/2014, is available at 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 supply of any Service at any time, for any reason or without reason and without notice.
11.2 Although Flazio makes every effort to extend the life cycle of all the Services offered to the maximum, sometimes a Service may be suspended or reach the end of its life cycle ("End of life cycle"). In this 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 Service offered has reached or is about to reach End of Life, we will try to send you a notice at least thirty days prior to the End of Life date. It is the User's responsibility to take all steps necessary to replace the Service, by migrating to a new Service before the End of Life date or by completely ceasing to use that 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 migrate to for the remainder of the subscription, a credit for the store calculated proportionally or a prorated refund, which will be determined by Flazio in 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 towards the User or
third parties for any modification, suspension or termination of any Service offered or for which access support 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. 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 accepts that the beta Services are provisional versions and may not work properly; (ii) the User acknowledges and accepts that the use of the beta Services may expose him to unexpected risks of operational errors; (iii) since the beta Services are provided as they are, 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) commercial versions of the beta Services may change dramatically, and programs that use or run the beta Services may not work with commercial versions or later; (vi) Flazio may limit the availability of time dedicated by customer service to assistance for 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 problems encountered; (viii) the User acknowledges and accepts that Flazio can monitor their browsing habits, the links they click on, the items purchased, the type of device used and which can collect various types of data, such as analysis data and information how you use and interact with the beta Services; (ix) You acknowledge and agree that all information relating to your use of the beta Services, including your experience with and opinions on the beta Services, is confidential and may not be disclosed to third parties or used for any purpose other than provide feedback to Flazio; (x) Beta Services are provided "as is", "as available" and "with all errors".
12.3 The User acknowledges and accepts that we can use the feedback for any purpose, including product development. At our request, the User must provide comments that can be used publicly for the press and marketing material. The intellectual property inherent in the User's feedback or deriving from the use of the beta Services will be the exclusive property of Flazio.
12.4 To the maximum extent permitted by law, Flazio does not recognize any legal warranties, explicit or implicit, relating to the beta Services, including, by way of example, the implicit guarantees of ownership, merchantability, suitability for a specific purpose and not violation of the rights of others.
13. FEES AND PAYMENTS
13.1 The user accepts that automatic debits from the Flazio company may appear on his Payment Method. In order to avoid interruptions of the Services (represented by way of example only by the non-renewal of the domain in due time, etc.) the automatic payment system may proceed to debit, at the payment systems already chosen by the User, the amount of the cost of the Service itself starting from thirty (30) days before the expiry date of the contract in execution.
13.2 In the event that the debit attempts are unsuccessful, Flazio assumes no responsibility for damages, direct and / or indirect, deriving from the non-renewal of all the Services purchased from third parties that provide for an annual renewal.
Attachment (A) GENERAL CONDITIONS, INCLUDING AUTOMATIC RENEWAL TERMS
14. Payment due at the time of the order; non-refundable.
14.1 You agree to pay all amounts due for the Services at the time of ordering. All monies are non-refundable, unless otherwise specified in clause 10.5 of this Agreement.
15. Price Changes.
15.1 Flazio explicitly reserves the right to change its prices and quotas at any time and such changes will be published online on the Site and will become effective immediately without the need to send other notifications to the User.
15.2 If the User has purchased or registered the Services for a period expressed in months or years, the changes in price and fees will become effective when the Services in question are close to renewal, as further indicated below.
16. Types of payment.
16.1 Except to the extent prohibited in any specific contract of a product, you may pay for the Services with one of the following "Payment Methods": (i) a 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 variation in the Payment Method must be promptly communicated to Flazio so that they can update the new Payment Method chosen by the User in their systems, and maintain the continuity of the Services.
17. Issue of refund.
17.1 The user accepts that, if refunds are issued by crediting them according to the Payment Method, the issue by Flazio of a refund receipt constitutes only confirmation that Flazio has issued the refund by crediting it according to the Payment Method charged at the time of original sale and that Flazio has no control over the moment in which the refund will be applied to the available balance of the Payment Method.
17.2 You further acknowledge and agree that the Payment Provider and / or the single issuing bank associated with the Payment Method establishes and regulates the time frames for recording the refund and that such time frames for recording the refund may be between five (5) business days and a full billing cycle or more.
17.3 If a refund is issued through the Payment Method and your Payment Provider, the payment processor or single issuing bank associated with the Payment Method will impose limits on refunds, including but not limited to time for the refund or a maximum number of refunds allowed, therefore 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 a credit for the shop to customers who want a refund, even if there are no restrictions on refunds imposed by the Payment Method.
18. Annual Billing Date.
18.1 If you receive an annual invoice, the billing date will be the date of the day you purchased the Services.
19 Automatic Renewal Terms.
19.1 Except as established by the laws in force, Flazio does not keep paper or electronic copies of mandates, standing orders or forms of permanent instructions and / or signed consents relating to the use of our automatic renewal services by the user, therefore we are unable to provide such documents upon request. The user can consult or change the settings for automatic renewal at any time by logging into their account.
20. To ensure that you do not experience any interruption or loss of the Services, all Services offer an automatic renewal option.
20.1 The Services renew on an automatic basis starting 30 days prior to the expiration date of the current term for a renewal period equivalent to that of the most recent Service, with the exception of domain names that 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 for one year. However, in case of non-renewal with the indicated payment method, Flazio may renew the applicable service for a shorter period than the original subscription, to ensure that the transaction is successful.
20.2 If the User does not disable the automatic renewal, Flazio will automatically renew the affected service when it detects the need for renewal and will acquire the payment through the Payment Method registered by the user in his account or through the Reserve Payment Method known to Flazio .
20.3 During the automatic renewal of the services, Flazio will first of all try to debit the payment on the Payment Method associated with the Service in the user's account. in the event that Flazio is unable to debit the payment on this method, it will attempt to debit the payment on the methods designated as "backup" in the user's account. renewals will be charged at current Flazio rates.
20.4 The User accepts 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 simply need to access account management from this Site and follow the steps indicated.
20.5 In order not to automatically renew the services, it is possible to cancel the relative option, in which case the Services will be terminated at the expiry of the current term, if the User does not proceed with the manual renewal before that date. In other words, if the User chooses to cancel the product and does not renew
manually the Services before the expiration, could suffer the interruption or loss of the Services and Flazio will not be liable to the User or third parties for this.
20.6 Furthermore, Flazio may take part in "Recurring Billing Programs" or "Account Update Services" supported by the credit card company (based on the participation of the user's bank).
20.7 In the event of failure to charge the registered Payment Method, the User's credit card circuit (or bank) can inform us of any updates relating to the card number and / or expiry date or can proceed with the debit on the new card on our behalf without prior notification to us.
20.8 Based on the requirements of the Recurring Billing programs, if we are notified of an update of the credit card number and / or its expiration date, Flazio will automatically update the User's payment profile on its behalf.
20.9 Flazio does not guarantee in any way that it will request or receive updated information on users' credit cards. You acknowledge and agree that you are solely responsible for changing and managing your account settings, including but not limited to (i) deleting products and (ii) verifying that associated payment methods are up to date and valid.
20.10 Furthermore, the User acknowledges and accepts that failure to do so may result in the interruption or loss of the Services and Flazio cannot be held responsible in this regard towards the user or third parties in this regard.
20.11 If for any reason Flazio is unable to charge the full amount due on the user's Payment Method or if Flazio receives notification of cancellations, payment disputes or is charged a penalty for any charge previously charged to the Payment Method of the user, the User accepts that Flazio may take any measure permitted by law to obtain payment, including, by way of example, 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" charges 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 Services and / or (iii) the user's non-compliance with this Account (as determined by Flazio in its absolute discretion).
20.13 Typical administrative expense or processing fee situations include, but are not limited to (i) customer service issues that require additional time or attention from staff; (ii) actions of the UDRP (Uniform Domain-Name Dispute Resolution Policy) relating to the user's domain names and / or disputes that require accounting or legal services, whether carried out by Flazio personnel or by external companies hired by Flazio; (iii) recovery of all costs and expenses, including the cost of the Services, incurred by Flazio as a result of refusals of debit or other disputes on payments raised by the user, his bank or the processing system of the Payment Method. These administrative costs or processing costs will be invoiced with the payment method registered by the user with Flazio.
20.14 Flazio may make available the price lists for the 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 Issuer of the Payment Method may charge you a foreign transaction fee or other charges, which may be added to the final amount resulting from your statement or a separate amount. For more details, contact the institution that issued the Payment Method.
20.16 Furthermore, regardless of the currency selected, you acknowledge and agree that you may be charged VAT, goods and services tax or other local taxes and / or taxes, depending on the bank and / or country indicated in the address section billing.
21. ADDITIONAL RESERVE 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 committed by Flazio in the provision of the Services (including the registration of domain names ), (ii) to protect the integrity and stability of, and to correct errors made by, any domain name registry or registrar, (iii) to assist in the detection and prevention of fraud and abuse, (iv) to comply to court orders against you and / or your domain name or website and applicable local, state, national and international laws, regulations and regulations, (v) to comply with law enforcement requests, including subpoenas, (vi) to comply with dispute resolution proceedings, (vii) to defend legal actions or orders regardless of whether such legal actions or orders are recognized as well-founded or unfounded, (viii) to avoid any civil liability o criminal for Flazio, its officers, directors, employees and agents, as well as for the affiliates of Flazio, including, by way of example but not limited to, the cases in which the User has sued or threatened to sue Flazio, (ix) to respond to a large number of complaints related in any way to the Account, the User's domain name or the content on its site that could damage the business, operations, reputation or shareholders of Flazio.
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 permitted levels.
21.2 Flazio expressly reserves the right to cancel, without prior notification, all Services in which, at the sole discretion of Flazio, the user is offending or threatening Flazio and / or the employees of Flazio.
22. Flazio Contents.
22.1 Except for User Content, the contents of this Site and the Services, including but not limited to text, software, scripts, source code, API, graphics, photos, sounds, music, video and interactive features and trademarks , the service marks and logos contained therein ("Contents of Flazio"), are owned by or licensed to Flazio indefinitely and are subject to copyright, trademark and / or patent protection in Italy and in the countries foreign and other intellectual property rights pursuant to Italian and foreign laws.
22.2 The contents of Flazio are provided to the User "as they are", "as available" and "with all defects", for information purposes and exclusively for personal and non-commercial use and cannot 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 right or license protected by copyright, trademark, patent or other proprietary right or license is granted under this Agreement. Flazio reserves all rights not explicitly granted in and for the Contents of Flazio, this Site and the Services and this Agreement does not transfer ownership of any of these rights.
23. PROHIBITION OF SPAM; LIQUIDATION OF DAMAGES
23.1 Prohibition of Spam.
We do not tolerate the transmission of spam. Jumbo monitors all traffic to and from our web servers for spam-related information and operates a spam abuse complaint center where allegations of spam abuse are recorded. Customers suspected of using our products and services to send spam are thoroughly investigated. If we determine that there is a spam problem, we will take the necessary steps to resolve the situation.
23.2 Spam means the sending of unsolicited commercial emails, unsolicited mass emails or unsolicited faxes, or email or fax messages sent to recipients as advertising or other form of communication without the recipient having explicitly consented to such send. This may include the following, but are not limited to:
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 website forum post
Fax invitations
Text / SMS messages
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 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 return address and a valid reply address, physical return address, and an unsubscribe method in the footer.
e-mail 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 terminate the relevant account, product or service being used in connection with spam activity, we will redirect, suspend or cancel accounts, website hosting, domain registration, email boxes or other applicable products or services. In such cases, in our sole discretion, we may require you to email that you will stop sending spam from you or others and a non-refundable reactivation fee to be paid before the site, email boxes and / or services are reactivated.
We advise all customers and recipients of emails generated by our products and services to report suspected spam messages. Alleged abuses can be reported by email to domains@flazio.com.
23.6 Settlement of damages.
23.6.1 You agree that we may immediately close any Account if you believe, in your sole and absolute discretion, that it is transmitting or is otherwise related to spam or unsolicited mass email.
24. TRADEMARK AND / OR COPYRIGHT CLAIMS
24.1 Flazio supports the protection of intellectual property. To submit (i) a trademark complaint, for infringement of a trademark for which you have a valid registered or trademark, or (ii) a copyright complaint for materials for which the 'User has a bona fide copyright, refer to the information on the infringement of the trademark and / or the copyright of Flazio mentioned above.
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 by Flazio or controlled by the company. Flazio assumes no responsibility for 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 exempts Flazio from any liability deriving from the use of a third party website. Consequently, Flazio urges the User to pay attention when leaving this Site or the Services available on this Site and to check the terms and conditions, privacy policies and other official documents of any other website visited.
26. Disclaimer for Statements and Warranties
26.1 You specifically acknowledge and agree that your use of this Site and the Services available on this site will be at your own risk and that this Site and the Services available on this site are provided "as is", "according to the availability "and" with all the defects ".
26.2 Flazio, its officers, directors, employees, operators and all third party service providers do not issue any statutory warranty, implicit or explicit, including, by way of example, all implied warranties of ownership, marketability, suitability for a specific purpose. and not violation.
26.3 Flazio, its officers, directors, employees and operators make no representations or warranties regarding (i) accuracy, completeness or contents of the site, (ii) accuracy, completeness or contents of linked sites (through hyperlinks, banners, advertising or other) to this site and / or (iii) services available on the site or on other sites connected (via hyperlinks, banners, advertisements or other) to this site; Flazio assumes no responsibility for what is indicated.
26.4 The User also specifically acknowledges and accepts that no information or oral or written suggestions provided by Flazio, its officers, directors, employees or agents (including, by way of example, the representatives of the call center or customer service) and third party service providers (i) will provide legal or financial advice or (ii) create a warranty of any kind with respect to this Site or the Services available on this site, and that users should not rely on any of this information or suggestions.
26.5 The foregoing disclaimer for statements and warranties will be applied to the fullest extent permitted by law and will remain valid even after the termination or expiration of this Agreement or after using this Site or the Services available on this site.
27. Limitation of Liability
27.1 In no event will Flazio and its 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, including those that may arise from (i) the accuracy, completeness or content of this Site, (ii) the accuracy, completeness or content of any linked site (via hyperlinks, banner ads or otherwise) to this Site, (iii) services available on this Site or in any site linked (via hyperlinks, advertising banners or otherwise) to this Site, (iv) personal injury or property damage of any nature, (v) third party conduct of any nature, (vi) unauthorized access to or use of our server and / or any content, personal, financial or other information and data stored therein, (vii) interruptions or terminations of services to or from this Site or any linked site (via hyperlinks, advertising banners or otherwise) to this site, (viii) viruses, worms, bugs, trojan horses or similar, which may be transmitted to or from this Site or any linked site (via hyperlinks, banner ads or otherwise) to this site, (ix) user content or content that is defamatory, offensive, abusive, harmful to minors or to any protected category, pornographic, child-prohibited, obscene or otherwise morally questionable and / or (x) loss or damage of any type resulting from the user's use of this site or the services available on this site, regardless of whether they are based on warranty, contract, wrong or any other legal or fair theory and regardless of whether Flazio has been informed or not of the possibility of such damage.
28. INDEMNITY
The User agrees to protect, defend, indemnify and exonerate Flazio and its officers, directors, employees, agents and third party service providers from any liability relating to claims, claims, costs, expenses, losses, liabilities and damages of any kind and nature. (including, by way of example, fees) imposed or incurred by Flazio directly or indirectly deriving (i) from 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 of the policies or agreements included therein; and / or (iii) the violation of any third party right, including, without limitation, the intellectual property right or other proprietary right. The indemnification obligations under this section will remain in effect even after the termination or expiration of this Agreement or after using this Site or the Services available on this Site.
21. COMPLIANCE WITH LOCAL LAWS
21.1 Flazio makes no representations or warranties that the content included in this Site or in the Services available on the Site is appropriate in each country or jurisdiction and regarding access to this Site or the Services available on the Site from countries or jurisdictions in which 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, rules and regulations.
22. COMMUNICATIONS
22.1 - Any communication between this Site and the User relating to this Agreement must be addressed to the attention of the respective legal representatives and sent to them via the e-mail address indicated at the time of activation of this Agreement.
23.2 - The User and Flazio declare the aforementioned address at which they elect, for all legal purposes, legal domicile for communications relating to this Agreement to be valid and current and undertake to communicate any changes.
24. CONFIDENTIALITY
24.1 - Under this Agreement and until after its expiration, the User undertakes to treat with confidentiality and confidential, all the data and information he has become aware of during the execution of this Agreement and not to use them for purposes other than those strictly agreed.
24.2 - Flazio has the right to transmit data or information to subjects delegated to carry out the services connected with the Services of this Agreement.
25. PROTECTION OF PRIVACY
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 EU Reg / 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 related Services, will take place in compliance with the European Regulation 679/2016 and the Privacy Policy provided by Flazio during the online registration and in force of the consent to the processing of data expressed there by the User.
25.3 - The User, in the person of the registrant, expressly declares to have received and to have carefully read the information on the processing of their personal data, for the purposes indicated therein, and to have manifest your full, informed and granular consent, by consciously registering on this Site.
26. FINAL PROVISIONS
26.1 - No modification, condition, clause, not contained in this Agreement, will be effective between the parties, unless expressly approved in writing.
26.2 - Any behavior that is tolerant, permissive, even repeated, to the failure to comply with the obligations deriving from this Agreement will not constitute any right, nor will it be a modification of obligations, nor will it 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 this right or to request, even subsequently, the application of any provision of this Agreement.
26.4 - The relations between Flazio and the User established by this Agreement cannot be understood as relations of mandate, company, representation, collaboration or association or other similar or equivalent contractual forms.
27 - REFERENCE TO THE LAW AND JURISDICTION
27.1 - This Agreement is subject to Italian law.
27.2 - The conditions expressed in this Agreement derogate from the law, where permitted.
27.3 - For any dispute relating to this Agreement, which cannot otherwise be resolved through a benevolent settlement or conciliatory procedure, the parties expressly recognize the exclusive jurisdiction of the Court of Catania, and consciously waive, where permitted by law, the natural court of the contracting parties. This contract was finalized in Catania, on the date recorded by the log files and the monitoring systems of the Flazio servers.
THIS AGREEMENT HAS BEEN CAREFULLY READ AND UNDERSTAND BY THE PARTIES AND ONLY AFTER FREELY AND CONSCIOUSLY SIGNED BY SPECIFIC REGISTRATION ON THE SITE domains.flazio.com. THE TERMS AND CONDITIONS EXPRESSED THEREIN ARE THEREFORE BINDING FOR THE PARTIES FOR ALL LEGAL EFFECTS.
The acceptance of these terms and conditions and of the aforementioned unfair 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 recorded by Flazio log files and monitoring systems.
28. EXCLUSION OF THIRD PARTY BENEFICIARIES
28.1 No part of this Agreement may constitute an act of conferral of rights or advantages to any third party.
29. ADDRESSES
If you have any questions relating to this Agreement, you can contact us by email or regular post at the following address:
Flazio S.r.l
Via Mazzini 2
95047 - San Giovanni La Punta (CT)
Italy
dpo@flazio.com
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