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General Terms of Use for the Flazio Domains service
Last updated: 27/11/2020
READ THESE GENERAL TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE USER'S LEGAL RIGHTS AND REMEDIES.
1. OVERVIEW
This General Terms of Use Agreement ("Agreement") is binding on Flazio S.r.l., a company with registered office in San Giovanni La Punta, Via Mazzini 2, Tax Code and VAT No. 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 sets out the general terms and conditions for use of the Site and of 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 added to (without replacing) this Agreement. In the event of a conflict between the provisions of a service agreement and the statements set out in this Agreement, the provisions of the applicable service agreement will prevail.
The terms "company", "we" or "our" refer to Flazio. The terms "User" or "customer" 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 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 policy or contract included herein at any time, and such changes or modifications will take effect 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 agree to be bound by the latest revision of this Agreement, you must not use (or continue to use) the Site or the Services. From time to time, Flazio may also send you notice 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 Flazio disclaims any liability for your failure to receive an email notice where this is due to an inaccurate or outdated email address. In addition, Flazio may terminate your use of the Services following your breach 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, BY WAY OF EXAMPLE, THEIR PRICES AND FEES, AT ANY TIME.
3. SUITABILITY; AUTHORITY
The Site and the Services are provided only to natural or legal persons ("Users") entitled to enter into legally binding contracts under applicable laws.
By using this Site or the Services, the user represents and warrants that (i) they are at least eighteen (18) years old, (ii) they are otherwise authorized to enter into legally binding contracts under applicable laws, or (iii) they are not a person barred from purchasing or receiving the Services provided, under Italian law or any other applicable jurisdiction.
By entering into this Agreement on behalf of a company, the User represents and warrants that they have the legal authority required 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. If, following the User's electronic acceptance of this Agreement, Flazio discovers that the User does not have the legal authority to bind such company, the User will be personally liable for the obligations contained in this Agreement, including, by way of example, payment obligations. Flazio shall not be liable for any loss or damage resulting from Flazio's compliance with instructions, notices, documents or communications that Flazio in good faith believes to be genuine or to come from an authorized representative of the User's company. If there is reasonable doubt as to the authenticity of such instructions, notices, documents or communications, Flazio reserves the right (without any obligation) to request additional authentication from the User. The User also agrees to be bound by the terms of this Agreement for transactions entered into by the User, by anyone acting as an agent and by anyone using the account or the 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 Account creation process is accurate, up to date and complete, and that they will keep the Account information accurate, up to date and complete.
4.2 If Flazio has reason to believe that the Account information is false, inaccurate, outdated 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 occurs in their Account, whether authorized by them or not, and must protect the Account information, including, by way of example, the customer number/login, password, Payment Methods (as 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 shall not be liable for any loss suffered by the User due to unauthorized use of the Account.
4.6 The User, however, may be liable for any loss suffered by Flazio or others through the Account, caused by the User, an authorized person, or an unauthorized person.
4.7 When completing the registration procedures for the Services, the User undertakes to follow the instructions provided on this Site and to provide their personal data correctly and truthfully.
4.8 The User undertakes to promptly inform Flazio of any change to their data communicated at any time.
4.9 Flazio reserves this right, as per section 4.2, also 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 User’s first request to activate the Service, Flazio will assign the User a 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 are the only suitable means to identify the User when accessing the service. The User therefore agrees and acknowledges that all actions carried out using the aforementioned User ID and Password will be attributed to him and will be binding upon him.
4.13 The User acknowledges that they are the sole and exclusive party responsible for any 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 event, the User agrees that electronic records may be produced and relied upon before any competent Authority for any evidentiary purpose pursuant to and for the purposes of this Agreement and that, in particular, the parties may base suitable civil evidence on them regarding the existence of the relationships and/or acts that may be disputed
5. GENERAL RULES OF CONDUCT
The User acknowledges and agrees that:
5.1 The User's use of this Site and the Services, including any content submitted, must comply with this Agreement, any service contract or policy applicable to the Services, and all applicable local, state, national and international laws, rules and regulations.
5.2 The User shall not collect (nor allow anyone else to collect) User Content (as defined below) or non-public or personally identifiable information about any other User or any other natural or legal person without their prior express written consent.
5.3 The User shall not use this Site or the Services in such a way as to (as determined by Flazio at 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 distribution of material related to child sexual abuse;
Promote, encourage, or engage in terrorism or violence against people, animals, or property;
Promote, encourage or carry out spamming or other unsolicited bulk email activities, or hacking or breaching computers or networks;
Promoting or facilitating prostitution and/or sexual exploitation;
Infringe the intellectual property rights of another User or of any other natural or legal person;
Violate the privacy or disclosure rights of another User or of any other natural or legal person, or breach confidentiality obligations towards another User or any other natural or legal person;
Interfere with the operation of this Site or the Services available on the Site;
Insert or install viruses, worms, bugs, trojans or other code, files or programs designed to, or able to, disrupt, damage or limit the functionality of software or hardware;
Contain false or misleading language or unsubstantiated or comparative statements regarding Flazio services.
5.4 The User shall 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 related technologies.
5.6 The User shall not access Flazio Content (as defined below) or User Content using any technology or means other than this Site itself or as established by Flazio.
5.7 The User agrees to back up all User Content so as to be able to access and use it when needed. 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 shall not resell or provide Services for commercial purposes, including Flazio's related technologies, without Flazio's prior explicit written consent.
5.9 The User agrees not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services available on this Site (including, by way of example, features that prevent or limit the use or copying of Flazio Content or User Content) or to enforce limitations on the use of this Site or the Services available on this Site, or of the Flazio Content or User Content made available therein.
5.10 The User agrees to provide, when requested, a photo ID document and/or the company 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 to obtain information about their account and that, with regard to the purpose of such calls, the User has no reasonable expectation of privacy during said calls; therein the User grants full permission, at their sole discretion, to record such calls in full regardless of whether Flazio asks the User during a given 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. In addition, by providing their phone number or mobile number, the User agrees to receive promotional calls from or on behalf of Flazio that may be made through an automated system and/or use an artificial or prerecorded voice.
5.13 The User is aware that their consent is not a condition for purchasing goods or services from Flazio. If you provide your mobile device number, you consent to receive marketing text messages from or on behalf of Flazio via an automated telephone system.
5.14 The User is aware that their consent is not a condition for purchasing goods or services from Flazio. SMS and data charges under their plan may apply.
5.15 Without limiting any right set forth elsewhere in this Agreement, Flazio expressly reserves the right to deny, cancel, terminate, suspend or restrict future access to this Site or 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 was previously terminated or suspended due to a breach of this Agreement or any other Flazio agreement or policy or (ii) who is otherwise involved or has been involved in improper or illegal activities while using the Site or the Services (as determined by Flazio in its sole and absolute discretion).
6. USER DATA PROTECTION
Flazio provides 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 ("Covered Services"). For the purposes of this Section, User Data excludes User Content.
6.1 Flazio’s Data Processing Addendum (“Data Policy”) https://www.flazio.com/data-policy applicable to the Services provided, is intended to contractually ensure the user that we have robust mechanisms in place to ensure that the transfer of the user’s Data, including from the EEA to the Services provided, complies with applicable data privacy laws.
6.2 For the purposes of the Data Processing Addendum and the Standard Contractual Clauses attached thereto, the user (and its affiliates) is deemed the Data Controller/Data Exporter, and its acceptance of the terms of use governing the Services in place at the time of purchase of any Service indicates acceptance of the Data Processing Addendum and related annexes (including the Standard Contractual Clauses and related annexes, as applicable). To print, sign and return the hard copy of the Data Processing Addendum, send a request by 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, 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 tips (“User-Submitted” material) or (b) literary, artistic, musical or other content, including, by way of example, photos and videos (together with the User-Submitted material, "User Content").
7.3 The User is solely responsible for all User Content, including any submitted through their Account, as well as for the consequences of and the requirements for its distribution.
7.4 Material submitted by the User:
7.4.1 The User agrees that their proposals are entirely voluntary and do not create a confidential relationship nor require Flazio to treat such Material as confidential or secret; that Flazio has no obligations, express or implied, 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 wish to develop such content (or similar) on its own behalf, or may have taken or may take other actions.
7.4.2 Flazio will be the owner of the exclusive rights (including all intellectual property rights and other proprietary rights) to the User Proposals posted on this Site and will have the right to use and disclose without limitation the User Proposals posted on this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to the User or anyone else.
7.5 User content other than User-submitted Material:
7.5.1 By sending or posting User Content on this Site or through the Services, the User authorizes Flazio to use intellectual property and other proprietary rights relating to the User Content, in order to allow the inclusion and use of the User Content as provided for by this Site and this Agreement.
7.5.2 Under 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 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 limitations of any kind and without any obligation of payment or other consideration of any kind, permissions or notices, to the User or to third parties.
7.5.3 The User also grants each Site User a non-exclusive license to access the User Content (except 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 this Site's features and under this Agreement.
7.5.4 The above license granted by the User for User Content ends 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 accepts, however, that Flazio may retain (but not distribute, display or perform) copies on the server of the User's Content that has been removed or deleted.
7.5.6 The licenses referred to in clause 7.5.5, granted by the User for the User Content, are perpetual and irrevocable. Notwithstanding any contrary provision contained herein, Flazio will not use the 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, the User will retain all ownership or license rights in the User Content.
8. WEBSITE/SERVICES AVAILABILITY
8.1 Subject to the terms and conditions of this Agreement and our other policies and procedures, we will use all reasonable efforts to try 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 from time to time be unavailable or not working for any reason, including, by way of example, equipment malfunctions; routine maintenance, repairs or replacements occasionally carried out by us; or causes beyond our reasonable control or not reasonably foreseeable, including, by way of example, interruption of telecommunications or digital transmission links, 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 on a continuous or uninterrupted basis and that we assume no liability in this regard towards the User or any third party.
9. PRODUCT CREDITS
9.1 If the user is granted a credit for a product ("Credit"), whether for redeeming the purchase of a specific product or free of charge together with the purchase of another product ("Purchased Product"), the user acknowledges and agrees that such Credit is valid for one (1) year only and is available only with a valid purchase and may be cancelled if the Purchased Product is removed, cancelled, transferred, or not renewed.
9.2 The Credit will expire after one (1) year from the purchase date of the purchased Product, if it has not been redeemed.
9.3 If the Credit is redeemed after the initial subscription period, the product will automatically renew at the price in effect at that time until it is cancelled.
9.4 To cancel the product’s automatic renewal, visit your Account or contact Customer Support.
9.5 If the product you purchased includes a free domain name, by cancelling 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 shown 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 purchased Product, the User acknowledges and agrees that we have the right to replace the Credit with a similar product, at our sole discretion.
10. CONTENT MONITORING; ACCOUNT TERMINATION POLICY
10.1 Flazio generally does not pre-check User Content. However, Flazio reserves the right (without any obligation) to do so and to decide whether any portion of User Content is appropriate and/or compliant 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 posting material in violation of this Agreement or for other breaches 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 block the User’s 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 were to block 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, a natural person, who requests the provision of a Service for purposes unrelated to their professional activity (hereinafter the "Consumer"), shall have the right to withdraw freely, 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 Art. 52 of the Consumer Code.
10.5.2 The User may exercise the right of withdrawal, pursuant to Art. 54(1) of the Consumer Code, using the withdrawal form set out in Annex I, Part B of the Consumer Code or by submitting any other explicit statement of their decision to withdraw from the Agreement, to be sent by email to domains@flazio.com, before the expiry of the withdrawal period.
10.5.3 The information about the exercise of the right of withdrawal provided by Flazio to the User is shown at the end of this Agreement. The burden of proof regarding the proper exercise of the right of withdrawal, in accordance with the procedure indicated above, lies with the User.
10.5.4 Following the proper exercise of the right of withdrawal by the User, Flazio shall, pursuant to Art. 56(1) of the Consumer Code, within and no later than the following 30 days, refund to the User the payments received, including, where incurred, delivery costs.
10.5.5 Flazio will issue the refund using the same payment method used by the User for the initial transaction.
10.5.6 Flazio will not be required to provide the Service release code (the ‘Authcode’) for the Service (the site ‘Domain’) after the right of withdrawal has been exercised.
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 in any case understood that, with reference to service provisions, the right of withdrawal may not be exercised by the User after the service has been fully provided, as indicated below, by Flazio, where such provision has begun with the User’s express consent and the User has agreed to lose the right of withdrawal following the full performance of the service by Flazio.
By way of example only and not exhaustively, the User acknowledges that starting the procedure to register a domain name, as well as activating the SSL certificate, and any other service for which Flazio has submitted the request to the relevant competent Authorities and/or to third-party providers, are deemed a "fully provided service" pursuant to Art. 59, para. 1, letter a) of Legislative Decree 206/2005.
The full text of the Consumer Code, updated with the changes introduced by Legislative Decree 21/2014, can be consulted 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 discontinue the offer or provision of any Service at any time, for any reason or no reason and without notice.
11.2 Although Flazio does its best to extend as much as possible the life cycle of all Services offered, sometimes a Service may be suspended or reach the end of its life cycle ("End of Life"). In such 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 If any offered Service has reached or is about to reach End of Life, we will try to send a notice at least thirty days before the End of Life date. It is the User's responsibility to take all steps needed to replace the Service, by migrating to a new Service before the End of Life date or by stopping use of that Service entirely before the End of Life date.
11.3.2 In both cases described in the above section, Flazio will offer a similar Service to migrate to for the remaining term of the subscription, a store credit calculated on a pro-rata basis, or a pro-rata refund, as determined by Flazio at its sole and absolute discretion.
11.3.3 Flazio may, even without notifying the User, migrate to the latest version of the subscription Service, if available. The User agrees to assume full responsibility for any loss or damage arising from such migration.
11.4 Disclaimer of liability.
11.4.1 Flazio shall not be liable to the User or to third parties for any change, suspension or interruption of any Service offered or for which support is provided for access.
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 trial 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 preliminary versions and may not work properly; (ii) the User acknowledges and agrees that using 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 mission-critical environments; (iv) Flazio reserves the right to modify, change, or suspend any aspect of the beta Services at any time; (v) the commercial release versions of the beta Services may change radically and programs that use or run the beta Services may not work with the commercial release versions or with later 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 prompt feedback on their experience with the beta Services as reasonably requested by Flazio, including the information needed to allow Flazio to reproduce any errors or issues encountered; (viii) the User acknowledges and agrees that Flazio may monitor their browsing habits, the links they click, 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 relating 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 used publicly for press and marketing materials. The intellectual property embodied in the User’s feedback or arising from the use of the beta Services shall be the exclusive property of Flazio.
12.4 To the maximum extent permitted by law, Flazio disclaims any warranty, statutory, express or implied, relating to the beta Services, including, by way of example, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of third-party rights.
13. FEES AND PAYMENTS
13.1 The User agrees that automatic charges from Flazio may appear on their Payment Method. To avoid Service interruptions (for example, failure to renew the domain in time, etc.), the automatic payment system may charge, through the payment systems already selected by the User, the amount of the Service cost starting thirty (30) days before the expiry date of the contract in force.
13.2 If the billing attempts are unsuccessful, Flazio assumes no liability for any direct and/or indirect damages arising from the failure to renew all Services purchased from third parties that provide for annual renewal.
Appendix (A) GENERAL TERMS AND CONDITIONS, INCLUDING AUTO-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 ordering. All amounts are non-refundable, unless otherwise specified in section 10.5 of this Agreement.
15. Price changes.
15.1 Flazio expressly 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 any further notice to the User.
15.2 If the User has purchased or registered the Services for a period expressed in months or years, any changes in prices and fees will take effect when the relevant Services are close to renewal, as further indicated below.
16. Payment methods.
16.1 Unless prohibited to the extent in any specific product contract, the user may pay for the Services using 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 change to the Payment Method must be promptly communicated to Flazio so that it can update its systems with the new Payment Method chosen by the User, and maintain continuity of the Services.
17. Refund issuance.
17.1 The user agrees that, if refunds are issued by crediting them via the Payment Method, Flazio’s issuance of a refund receipt only confirms that Flazio has issued the refund by crediting it 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 sets and governs the timeframes for posting the refund and that such refund posting timeframes may range from five (5) business days to one full billing cycle or more.
17.3 If a refund is issued via the Payment Method and the user’s payment provider, payment processing system, or the individual issuing bank associated with the Payment Method imposes limits on refunds, including, by way of example, 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 request a refund, even if there are no refund limits imposed by the Payment Method.
18. Annual billing date.
18.1 If the user receives an annual invoice, the billing date will match the date on which the user purchased the Services.
19 Automatic renewal terms.
19.1 Except as required by applicable laws, Flazio does not keep paper or electronic copies of mandates, standing orders or standing instruction forms and/or signed consents relating to the user's use of our automatic renewal services; therefore, we are unable to provide such documents upon request. The user may view or change the automatic renewal settings at any time by accessing their account.
20. To ensure the User does not experience any interruption or loss of the Services, all Services offer an automatic renewal option.
20.1 The Services renew automatically starting 30 days before the expiry date of the current term for a renewal period equivalent to that of the most recent Service, except for domain names, which may be renewed for the original service period. For example, if the last Service term equals one year, the renewal term will also be one year. However, if renewal fails with the indicated Payment Method, Flazio may renew the applicable service for a shorter period than the original subscription, so that the transaction can be completed successfully.
20.2 If the User does not disable auto-renewal, Flazio will automatically renew the relevant service when it detects the need for renewal and will collect payment via the Payment Method registered by the user in their account or via the backup Payment Method known to Flazio.
20.3 During the automatic renewal of the services, Flazio will first try to charge the payment to the Payment Method linked to the Service in the user's account. if Flazio is unable to charge the payment to this method, it will try 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 accepts and acknowledges that these may be higher or lower than the fees charged for the original service period.
To view the renewal settings applicable to the User and the User's Services, the User will simply need to access account management on this Site and follow the steps indicated.
20.5 To prevent automatic renewal of the services, you may cancel the relevant option, in which case the Services will end upon expiry of the current term, if the User does not manually renew before that date. In other words, if the User chooses to cancel the product and does not manually renew the Services before expiry, they may experience interruption or loss of the Services and Flazio will not be liable to the User or any third party in this regard.
20.6 In addition, Flazio may take part in "Recurring Billing Programs" or "Account Updater Services" supported by the credit card issuer (based on the user's bank participation).
20.7 If the charge to the registered Payment Method fails, the User's credit card network (or bank) may inform us of any updates to the card number and/or expiry date or may charge the new card on our behalf without prior notice to us.
20.8 Based on the requirements of Recurring Billing programs, 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 changing and managing the account settings, including, by way of example, (i) canceling products and (ii) ensuring that the associated payment methods are up to date and valid.
20.10 In addition, the User acknowledges and agrees that any failure to do so may result in the interruption or loss of the Services and Flazio cannot be held liable in this regard toward the user or third parties in relation to 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 notice of chargebacks, payment disputes, or is charged a penalty for any fees previously charged to the User’s Payment Method, the User agrees that Flazio may take any action permitted by law to obtain payment, including, by way of example, immediate cancellation without notice to the User of any domain name or Service registered or renewed on the User’s behalf.
20.12 Flazio also reserves the right to charge the user reasonable "administrative" fees for (i) activities carried out 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 failure to comply with this Deposit (as determined by Flazio at its sole discretion).
20.13 Typical situations involving administrative fees or processing charges include, by way of example, (i) customer support issues requiring additional time or attention from staff; (ii) UDRP (Uniform Domain-Name Dispute Resolution Policy) actions relating to the user's domain names and/or disputes requiring accounting or legal services, whether performed by Flazio staff or by external firms engaged by Flazio; (iii) recovery of all costs and expenses, including the cost of the Services, incurred by Flazio as a result of chargebacks or other payment disputes raised by the user, their bank, or the processing system of the Payment Method. Such administrative fees or processing charges will be billed using the Payment Method registered by the user with Flazio.
20.14 Flazio may make price lists available for products in different currencies. The transaction will be processed in the selected Currency and the price shown during the checkout process will match the amount actually sent for payment.
20.15 For certain Payment Methods, the issuer 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, contact the institution that issued the Payment Method.
20.16 In addition, regardless of the selected currency, the user acknowledges and agrees that VAT, goods and services tax or other taxes and/or local charges may be applied, depending on the bank and/or the 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) any 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, by way of example and not limitation, 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 its domain name or website and with applicable local, state, national and international laws, rules and regulations, (v) to comply with law enforcement requests, including subpoenas, (vi) to comply with dispute resolution proceedings, (vii) to defend legal actions or proceedings regardless of whether such actions or proceedings are deemed well-founded or unfounded, (viii) to avoid any civil or criminal liability for Flazio, its officers, directors, employees and agents, as well as Flazio affiliates, including, by way of example and not limitation, cases where the User has sued or threatened to sue Flazio, (ix) to respond to a high number of complaints in any way related to the Account, the User's domain name or the content on its site that could harm Flazio's business, operations, reputation or shareholders.
21.1 Flazio expressly reserves the right to review any 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 notice, all Services in which, at Flazio’s sole discretion, the user is offending or threatening Flazio and/or Flazio’s employees.
22. Flazio Content.
22.1 Except for User Content, the content of this Site and the Services, including, by way of example, 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 on a perpetual basis and are protected by copyright, trademark and/or patent laws in Italy and in foreign countries, as well as by other intellectual property rights under Italian and foreign laws.
22.2 Flazio Content is provided to the User "as is", "as available" and "with all faults", for informational purposes and solely for personal, non-commercial use and may not be downloaded, copied, reproduced, distributed, transferred, transmitted, displayed, sold, licensed or otherwise exploited for any purpose without Flazio's prior express written consent. 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 expressly granted in and to the Flazio Content, this Site and the Services and this Agreement does not transfer ownership of any such rights.
23. SPAM PROHIBITION; DAMAGES
23.1 Spam prohibition.
We do not tolerate the sending of spam. Monitor jumbo monitors all traffic to and from our Web servers to detect signs of spamming and operates a spam abuse complaint center, where spam abuse reports can be filed. Customers suspected of using our products and services to send spam are subject to a thorough investigation. If we determine that a spam issue exists, we will take the necessary steps to resolve the situation.
23.2 Spam means the sending of unsolicited commercial emails, unsolicited bulk emails or unsolicited faxes, i.e. email or fax messages sent to recipients as advertising or other form of communication without the recipient having expressly consented to such mailings. This may include the following, by way of example but not limited to:
Email messages
Newsgroup posts
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 posts on the website
Invitations by 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, it is necessary not only to comply with all applicable laws and regulations, but also with this anti-spam policy.
23.4 Commercial advertising and/or bulk emails or faxes may be sent only to recipients who have explicitly agreed to receive messages. They must include a valid sender address and reply-to 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 a 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 registrations, email mailboxes or other applicable products or services. In such cases, at our sole discretion, we may require the user to confirm by email that they will stop sending spam by themselves or others, and a non-refundable reactivation fee to be paid before the site, mailboxes and/or services are reactivated.
We advise 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 believes, in its sole and absolute discretion, that it is transmitting or is otherwise connected to spam or unsolicited bulk 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 the User holds a valid registered or common-law trademark, or (ii) a copyright complaint for materials for which the User holds a bona fide copyright, please refer to Flazio’s Trademark and/or Copyright Infringement Policy 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 or controlled by Flazio. 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 edit 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. Therefore, Flazio urges the User to be careful 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 any other website visited.
26. Disclaimer for statements and warranties
26.1 The User acknowledges and specifically agrees that 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, agents and all third-party service providers make no statutory, implied or express warranties, including, by way of example, all implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
26.3 Flazio, its officers, directors, employees and agents make no representation or warranty regarding (i) the accuracy, completeness or content of the Site, (ii) the accuracy, completeness or content of sites linked (via hyperlinks, banners, advertising or otherwise) to this Site and/or (iii) services available on the Site or on other sites linked (via hyperlinks, banners, advertising or otherwise) to this Site; Flazio assumes no liability for the foregoing.
26.4 The User also specifically acknowledges and agrees that no oral or written information or advice provided by Flazio, its officers, directors, employees or agents (including, by way of example, 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 respect to this Site or the Services available on this site, and that users must not rely on any such information or advice.
26.5 The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this Agreement or your use of this Site or the Services available on this site.
27. Limitation of Liability
27.1 Under no circumstances shall Flazio and its officers, directors, employees, agents and any third-party service providers be liable to the user or to any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including those that may arise from (i) the accuracy, completeness or content of this Site, (ii) the accuracy, completeness or content of any site linked (via hyperlinks, advertising banners or otherwise) to this Site, (iii) services available on this Site or on any site linked (via hyperlinks, advertising banners or otherwise) to this Site, (iv) personal injury or property damage of any kind, (v) third-party conduct of any kind, (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 termination of services to or from this Site or any site linked (via hyperlinks, advertising banners 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 (via hyperlinks, advertising banners or otherwise) to this Site, (ix) user content or content that is defamatory, offensive, abusive, harmful to minors or to any protected category, pornographic, prohibited to minors, obscene or otherwise morally questionable and/or (x) losses or damages of any kind arising from 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 relating to claims, demands, costs, expenses, losses, liabilities and damages of any kind and nature (including, by way of example, fees) imposed on 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 breach of any provision of this Agreement or of the policies or contracts incorporated herein; and/or (iii) the violation of any third-party right, including, by way of example, intellectual property rights or other proprietary rights. The indemnification obligations under this section shall remain in effect even after termination or expiration of this Agreement or after 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 in this Site or in the Services available on the Site is appropriate in every country or jurisdiction, or regarding access to this Site or to the Services available on the Site from countries or jurisdictions where such content is illegal or prohibited. Users who choose to access this Site or the Services available on the Site are responsible for compliance with all local laws, rules and regulations.
22. NOTICES
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 provided upon activation of this Agreement.
23.2 - The User and Flazio declare the above address valid and current, at which they elect, for all legal purposes, legal domicile for communications relating to this Agreement, and undertake to notify each other of any changes.
24. PRIVACY
24.1 - During the term of this Agreement and even after its expiry, the User undertakes to treat as confidential and keep strictly confidential all data and information that has come to their knowledge in connection with the performance of this Agreement and not to use them for purposes other than those strictly agreed.
24.2 - Flazio reserves the right to transmit data or information to parties appointed to carry out the services related to the Services under this Agreement.
25. PRIVACY PROTECTION
25.1 - The processing of the personal data of Users and their Legal Representatives shall be deemed lawful pursuant to Art. 6(1)(b) of EU Reg. 2016/679, limited to the needs and purposes of this Agreement.
25.2 - The processing of personal data provided by Users to Flazio for the purposes of performing this Agreement and the related Services shall be carried out in accordance with EU Regulation 679/2016 and the Privacy Policy provided by Flazio during online registration and on the basis of the consent to data processing given by the User at that time.
25.3 - The User, as the registrant, expressly declares that they have received and carefully reviewed the privacy notice on the processing of their personal data, for the purposes indicated therein, and that they have given their full, informed and granular consent, by knowingly registering on this Site.
26. FINAL PROVISIONS
26.1 - No amendment, term, condition or clause not contained in this Agreement shall be effective between the parties, unless expressly approved in writing.
26.2 - Any tolerant or permissive conduct, even if repeated, regarding non-compliance with the obligations arising from this Agreement shall not give rise to any right, nor modify any obligations, nor be deemed a waiver of the right to enforce rights.
26.3 - Flazio’s failure to exercise or enforce a right, or any terms of this Agreement, shall not constitute a waiver of such right or of the right to subsequently request the application of any provision of this Agreement.
26.4 - The relationship between Flazio and the User established by this Agreement may not be construed as an agency, partnership, representation, collaboration or association relationship, or other similar or equivalent contractual arrangements.
27 - REFERENCE TO LEGAL PROVISIONS AND COMPETENT COURT
27.1 - This Agreement is governed by Italian law.
27.2 - The terms set out in this Agreement derogate from statutory provisions, where permitted.
27.3 - For any dispute relating to this Agreement, not otherwise resolvable through amicable settlement or conciliation procedure, the parties expressly acknowledge 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 concluded in Catania, on the date recorded by the log files and by the monitoring systems of Flazio servers.
THIS AGREEMENT HAS BEEN CAREFULLY READ AND UNDERSTOOD BY THE PARTIES AND ONLY THEREAFTER FREELY AND KNOWINGLY SIGNED BY MEANS OF SPECIFIC REGISTRATION ON THE domains.flazio.com WEBSITE. THE TERMS AND CONDITIONS SET OUT HEREIN ARE THEREFORE BINDING ON THE PARTIES FOR ALL LEGAL PURPOSES.
Acceptance of these terms and conditions and of the above 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 the date recorded by Flazio's log files and monitoring systems.
28. EXCLUSION OF THIRD-PARTY BENEFICIARIES
28.1 No part of this Agreement may constitute an act of granting rights or benefits to any third party.
29. CONTACT DETAILS
If you have any questions about this Agreement, you may contact us by 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
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