Terms of Service

These Conditions of Supply govern the contractual relationship that is perfected between Keliweb s.r.l., a single-member company (hereinafter referred to as Keliweb) and the Customer.

1) Statements and assumptions of responsibility

The Customer acknowledges and accepts:

• that the .eu and .it domains can be registered only and exclusively by natural or legal persons resident or having their registered office in the European Union;
• that for .es domains there are no limitations regarding the subjects who intend to request registration, however it is possible to make changes of ownership of the domain or requests to transfer a domain from another Registrar to Keliweb by filling out the appropriate documentation provided upon request. For all extensions, except for .it domains, it is specified that it is not possible to make requests for registration of domains containing accents or particular characters;
• to have the right to use and/or legal availability of the requested domain name and not to infringe, with this registration request, the rights of third parties;
• to be aware and accept that in the event of an erroneous or false declaration in this request, the Registry will proceed with the immediate revocation of the domain name, without prejudice to any broader legal action. In such a case, the revocation may in no way give rise to requests for compensation against the Registry;
• to release the Registry from any liability arising from the assignment and use of the domain name by the applicant;
• to accept Italian jurisdiction and the laws of the Italian State system;
• to use the service with the utmost diligence, respecting the rules of use indicated in these Terms of Service and in such a way as not to compromise stability, security and quality. Keliweb reserves the right to suspend or interrupt the Customer's access to the service if:
  1. Customer materially or repeatedly violates this Agreement or uses the Services for unlawful purposes;
  2. Keliweb is required to act in this way to comply with a law or an order from the Authority;
  3. Keliweb reasonably and well-foundedly believes that the Customer's conduct causes damage or liability for another Customer, a third party or Keliweb itself;
  4. the Customer enters unquestionably illicit content through the service.
• not to use the service for illicit purposes and not to violate in any way the applicable national, community and international laws, including regulatory ones. In particular, the Customer undertakes not to enter, and not to have third parties enter, links to content
  1. harmful (including, but not limited to, malware, viruses, potentially harmful software, etc.);
  2. in any way violative, or even potentially harmful, of privacy, copyright and intellectual and industrial property rights, nor defamatory, pornographic, blasphemous or offensive content, which incites racial hatred, or which may in any other way harm or undermine the activity of Keliweb and/or harm or endanger the image of third parties or of Keliweb;
  3. containing unsolicited or unauthorized advertising, promotional materials, spam.

2) Domain name registration / transfer rules

Keliweb proceeds with the registration of domain names strictly respecting the chronological order of the requests received, provided that they are supported by the receipt by Keliweb of the confirmation regarding the payment of the cost of the service, issued by the Body identified as competent to carry out the operation, and by the documentation required by these General Contract Conditions. It is understood that: - Keliweb assumes an obligation of means and not of result, therefore the success of the registration request is subject to its acceptance by the competent Registration Authorities; - domain names that appear free upon check may in reality not be free, as they are already in the registration phase but not yet entered into the databases of the Authorities, therefore the Client hereby agrees to indemnify Keliweb from any liability and/or request for compensation for damages for such circumstances; - Keliweb is not responsible and cannot in any case take charge of the resolution of disputes that arise in relation to the assignment of a domain name, as well as of any changes made by the Authorities to the registration procedures or to the relative Naming rules; - Keliweb is not required to know or control the existence of any copyright, trademarks etc. on the domain name whose registration or transfer is requested by the Client, who now and then indemnifies Keliweb from any involvement and/or responsibility in this regard.

3) Customer charges

In order for the domain registration or transfer process to be successful, the Customer must follow the procedures described on the Keliweb website, which vary based on the type of request, provide correct and truthful data and produce the necessary documents. In the case of a request to transfer a .it domain, the Customer must provide the authorization code, also called EPP Code, in order to transfer the domain. In the case of a request to change ownership of a .it domain, the Parties (Transferor and Transferee) are required to fill out and send a pre-printed form, which must be requested from Keliweb support via the Ticket system. In the case of a request to transfer a domain with an extension other than .it, the Customer is required to respond to the transfer confirmation email sent by the competent Registration Authority to the email address indicated in the information relating to the registrant contact of the domain. If the Customer does not remember this email address, he or she can still find it by carrying out a search using the Whois service of the competent Registration Authority on the data of the domain name. In the event that the registration or transfer or renewal procedure is not successful for reasons not attributable to Keliweb (for example but not limited to: because the data provided by the Customer are not accurate, or are discrepant compared to those sent by the Customer to Keliweb, or the Customer does not accept the transfer by clicking on the link received by email from the competent Authority, or Keliweb is unable to attribute a payment to a specific service because it is not specified in the reason for the payment), Keliweb, in the exclusive interest of the customer, reserves the right to repeat the registration or transfer or renewal operation. Without prejudice to the above, after 12 (twelve) months from the date of payment, the conditions that caused the blocking of the procedure remain unchanged, the same will be considered expired and Keliweb will retain the sum paid by the Customer as reimbursement for the expenses incurred.
Upon successful completion of the above procedure, the Customer will be the legitimate owner of the chosen domain name, and will also remain the sole and exclusive person responsible for its use and its contents: In any case, the Customer will be required to check the accuracy of his/her data in the database of the competent Authority for the chosen extension within 15 (fifteen) days from the date of activation of the web space; in the event that the Customer does not raise any objection regarding the accuracy of his/her data within this period, these will be considered correct..
In all the cases described above, the Customer undertakes to promptly inform Keliweb of any change in their data communicated at any time. If the Customer communicates inaccurate or incomplete data, Keliweb will have the right not to activate and/or suspend the service until the Customer communicates the exact data and/or integrates the incomplete data. Keliweb reserves these rights even in the event that the competent bodies (e.g. banks or credit card holders) contest the payments made by the Customer.
The Customer may choose to pay the fee for the Service using one of the payment methods made available by Keliweb at this link https://www.keliweb.it/payments.php
Each payment made by the Customer will have its own identification number and Keliweb will issue the relevant invoice for it within the following month. All invoiced amounts will be subject to the VAT due which, together with any other tax burden arising from the execution of the Contract, will be borne by the Customer. In any case, the Customer now and then releases Keliweb from any and all liability arising from transactions or payments made.
Payments via Paypal, Stripe and credit card must be made by the Customer through their reserved area; in the case of using the Paypal method, if the "send money" function is used, it is necessary to notify Keliweb of the payment by providing the relevant ID and date via administrative ticket.

Recurring payment methods

If the Service is set to automatic renewal and the Customer has associated a credit card, a PayPal account or a Stripe account with his/her account, the Customer acknowledges that the credit card, PayPal account and Stripe account data will be associated with the Customer's account for the management of future payments, unless an express request for modification/cancellation is made, which may be made at any time directly by the Customer on his/her control panel.
Without prejudice to the above, with reference to the recurring payment via Stripe account, we inform you that the data relating to the Customer's credit card will not be stored by Keliweb, which will only receive a unique code from Stripe, through which the latter will communicate the receipt of the data.
The Customer also acknowledges that in the event of renewal, the list price operated by Keliweb will be applied.
In the event of automatic renewal of the Services, the Customer expressly authorizes Keliweb to charge the fees for the Services periodically, based on the renewal times provided for the individual Services and/or based on the requests of the Customers. The Customer hereby guarantees the availability of the sums necessary to make the payments. It is understood that, in the event of failure to cancel within the terms, the Contract will be considered renewed and it will not be possible to proceed with the reimbursement of the sum paid at the time of renewal.

4) Termination of the Contract in the event of domain transfer

4.1

In the event of transfer of the domain to another provider/registrar, the contract will cease to be effective at the end of the transfer procedure; any web space and in any case all services connected to the domain name will remain active unless an explicit request for cancellation is made, with any reimbursement by Keliweb to the Customer for the unused period being explicitly excluded.

4.2

The registration or transfer operation of a domain, once concluded, does not provide for the withdrawal of the contract in the event of a change of heart by the Customer, as it is an irreversible operation.
Any reimbursement by Keliweb to the Customer is therefore explicitly excluded.

5) Maintenance of the domain name after the expiry data

All domains managed by Keliweb must be renewed no later than the expiration date. In the event of late renewal, recovery costs will be applied that depend on the domain itself. In the case of .it domains, the recovery cost will be €5.00 plus VAT charges for the first 15 (fifteen) days after expiration. Up to 30 (thirty) days the domain will be recoverable with a penalty of €29.00. In the case of .eu domains, the recovery cost will be up to a maximum of €29.00 plus VAT charges. Up to 30 (thirty) days the domain will be recoverable with a penalty of €29.00. In the case of .com domains, the recovery cost varies from €99.00 up to €299.00 plus VAT charges within 30 (thirty) days of expiration. For all other extensions, refer to the respective guidelines of the competent registries. The Customer acknowledges and accepts that, in the absence of renewal (with the methods indicated above), Keliweb reserves the right at its sole discretion to renew the maintenance of the domain for one or more years, keeping the registration data unchanged. It is understood that in this case, however, all the services associated with the domain will be deactivated (for example but not limited to: hosting, email, any additional services) and a web page containing advertising messages will be inserted in place of the domain home page. The Customer will be able to regain the availability of the domain and the related services, with the methods and contractual conditions published on the site https://www.keliweb.it and the contract will always have the duration selected during the order phase, but in any case, the first year will be equal to the period remaining until the expiration date of the domain at the Registration Authority.
In this case, the customer acknowledges and accepts that Keliweb does not guarantee the preservation of the content of the web space, therefore the same indemnifies Keliweb, now for then, from any direct and indirect liability, for any partial or total loss of data, information and content allocated at the time of expiration of the contract on the site corresponding to the domain name in question. In any case, the right of the Customer to request the cancellation of the domain name at any time by giving express notice to the undersigned, at the address Via Bartolomeo Diaz 35, by registered mail with return receipt or by certified email to the address support@kelipec.it with attached a copy of an identity document and all the documentation necessary for the cancellation of the domain at the competent Registration Authority based on the selected extension. A domain, once expired at Keliweb, can no longer be transferred nor will it be possible to request the migration code necessary for its transfer.

6) Renewal of a Domain Name

Renewal of a domain name must take place by the expiration date. After the expiration date, reference must be made to the specifications that each Registry applies based on the specific extension. Some extensions require an early renewal with respect to the expiration date. It will therefore be the customer's responsibility to verify the terms within which the domain will be renewed and contact Keliweb in order to proceed with the renewal of the domain name within the pre-established times by applying penalty costs for renewals carried out after the expiration of the domain name. With regard to generic extensions, the competent Registries provide for penalties after 30 (thirty) days from the expiration date. These penalties will be borne by the customer who will have to pay this sum at the same time as the renewal of the domain. Keliweb reserves the right to modify the cost of renewal of domain extensions as a result of events beyond its control (for example, annual variations in the inflation rate or increase in management costs by the competent Registrars regarding certain extensions). In any case, the Customer will be provided with advance notice of changes in costs.
Customers will be able to independently choose whether to renew their domains with prepaid credit directly from their customer area. The customer can choose to activate payment with credit if they have sufficient credit, or to deactivate payment with credit at any time. If during the renewal phase of the domain the customer does not have sufficient credit, they will be notified by email.

7) Change of Domain Heading Data

Changing the header data of a domain with the .IT, .COM, .ORG, .NET or OTHER GENERIC EXTENSION extension costs €9 + VAT. To make changes to domains with new gTLD extensions, you must request a personalized quote from our administrative department by sending a request via an administrative ticket. The customer can request the modification of the header data of their domain directly from their customer area. Here they will have to download the dedicated form which, once filled out in all its parts, must be signed by the current and new owner and accompanied by valid identity documents of both.

8) Keliweb Limitations of Liability

In the event of failure to renew the domain name registration for reasons attributable to Keliweb, the latter undertakes to pay the Customer a penalty equal to the amount paid by the Customer for the domain name renewal request. The customer thus agrees to waive any further claims and/or requests for compensation for damages. Without prejudice to the above, within the limits imposed or deriving from mandatory provisions of law, Keliweb does not assume any liability towards the affiliate or third parties for damages or prejudice suffered by them (including, by way of example and not limited to, any consequential damage or loss of earnings, loss of profit, loss of business, or decrease in value and/or losses of a similar nature, or loss of goods/value, or loss of domain names, or loss of contracts, or loss of use, or loss or compromise of data and information, or damage to hardware, software or databases, or any type of special, indirect or consequential damage or economic loss tout court) that are caused by or connected to the provision or execution of this service, except in cases of willful misconduct or gross negligence directly attributable to Keliweb. Except in cases of willful misconduct or gross negligence by Keliweb and/or its employees and/or its suppliers/sub-suppliers that cause damage to people and/or things, Keliweb's contractual liability will in any case be limited to foreseeable damages directly attributable to Keliweb and arising from violations of this Agreement or negligence and may in no way be quantitatively higher than the commissions paid by the Affiliate in the last 12 (twelve) months for this service. Furthermore, where Keliweb's action or omission has caused, pursuant to this provision, more than one event to the detriment of the Affiliate, all events caused by a single action and/or omission by Keliweb will be considered as a single event.

9) Processing of personal data

9.1

With reference to the processing of personal data relating to the Customer for invoicing, administrative, general management purposes of the contractual relationship with the Customer, protection of its interests and compliance with the regulatory obligations to which Keliweb is subject, as well as - in some cases (i.e. depending on the Top Level Domain being registered) - with reference to the processing of personal data being registered, Keliweb will act as Data Controller, as better specified in the Privacy Policy available at the following link: https://www.keliweb.it/privacy.php. In the event that the performance of the services offered involves the processing of personal data on behalf of the Customer, the Customer will act as Data Controller (except in cases where the Customer acts as Data Processor on behalf of a third party who acts as Data Controller or as Data Processor), while Keliweb will act as Data Processor on behalf of the Customer, following the instructions given by the Customer and detailed in writing in the “Personal Data Processing Agreement” accessible from the page https://www.keliweb.it/doc/tos/DPA_Keliweb.pdf and, where applicable, to be considered accepted by the Customer as an integral part of these general contract conditions”.

10) Force Majeure

Force Majeure means in any case (but not exclusively): any natural event, lightning or fire, internal disturbances, government measures, mobilization, war, terrorist attacks, obstacles in transport, strike, lockout, commercial interruptions, stagnation in supply, unavailability of one or more members of staff (due to illness), epidemics, pandemics, barriers to import and export.
Furthermore, Force Majeure is considered to be any malfunction or failure of the internet, data, networks, telecommunications and electricity infrastructures and systems, cyber-crime, network attacks, (D)DoS attacks, large-scale information attacks, power outages, widespread computer events suffered by Keliweb or Keliweb's sub-contractors.
The party suffering the Force Majeure event will not be deemed to be in breach of this Agreement or otherwise liable to the other party for any delay or failure to perform any obligation (and the time for performance will be extended accordingly) if and to the extent that the delay or failure is due to a Force Majeure event. This clause does not extend to the obligation to pay any amount due, which shall still be due after the Force Majeure event has ended, subject to the following clause.
If the Force Majeure event continues for a continuous period of more than 1 (one) month from the date on which it commences, the other party may give notice to the party suffering the Force Majeure event of termination of this Agreement. The termination notice must specify the termination date, which must not be less than 7 (seven) business days from the date on which the termination notice is given. Once a valid termination notice has been given, this Agreement will terminate on the termination date indicated in the notice.

11) Changes

Keliweb reserves the right to modify these Terms of Service and any other documents that make up the Contract with the Customer at any time if the following reasons apply:

1. changes in the technical/economic/contractual conditions imposed by third parties (by way of example and not limited to, suppliers and commercial partners) and/or resulting from the entry into force of new legislative or regulatory provisions, or the modification of existing provisions (including the rules imposed by the Domain Name Authorities) and/or resulting from annual variations in the inflation rate;
2. need to maintain an adequate level of service;
3. ensure adequate security standards of the platform;
4. entrata in vigore di nuove disposizioni di legge;
5. or modification of the sales prices of the services or the methods of supply of the Services.

The changes referred to in the previous point will become effective after 30 (thirty) days from the date of communication to the Customer. In the event of changes that determine a change in the services provided or an increase in the price of the Services, if the Customer does not accept the new conditions, he/she will have the right to withdraw from the Contract within the date of entry into force of the changes, without penalties or deactivation costs.

12) Applicable Law and Competent Court

This Agreement will be governed by the laws of the Italian Republic.
Any dispute in any way connected to this Agreement, including those concerning its validity, effectiveness, interpretation, execution and resolution, its amending and executive assets will be devolved, exclusively, to the jurisdiction of the Court of Florence.

13) Compliance with EU Regulation 2022/2065 - Digital Services Act

13.1

Keliweb complies with the obligations set forth in EU Regulation no. 2022/2065 - Digital Services Act (hereinafter “DSA”). Customers are responsible for the content they upload, share or otherwise make available on our services. Any content that violates the DSA or other applicable laws and these Terms of Service may be subject to removal and Customers may be subject to suspension or termination of their account, including at Keliweb’s initiative.

13.2

Keliweb will cooperate with the competent authorities as required by law, including by providing information (including personal data) and assistance in investigations. The single point of contact for Member State authorities and for the Commission and the European Digital Services Council will be reachable, in English or Italian, at the following email address: abuse@keliweb.it.

13.3

If an individual or an Authority becomes aware of the presence on Keliweb services of specific information and/or content that the person or Authority believes to be illegal content, the person or Authority may contact Keliweb at its single point of contact at the following email address: abuse@keliweb.it and send a report that satisfies all of the following requirements, as provided for by Article 16 of the DSA:

1. a sufficiently substantiated explanation of the reasons why the person or entity believes that the information in question constitutes illegal content; and
2. a clear indication of the precise electronic location of such information, such as the exact URL address or addresses and, if necessary, additional information allowing the identification of illegal content appropriate to the type of content and the specific type of information storage service; and
3. the name and email address of the person or body submitting the report, except in the case of information believed to concern one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; and
4. a statement by which the person or entity making the report has a good faith belief that the information is accurate.

Once the report has been received, Keliweb will send a confirmation of receipt of the report to the individual or the Authority without undue delay. Furthermore, the reports referred to in this article are considered to allow the acquisition of actual knowledge or awareness in relation to the specific information in question if they allow Keliweb to identify the illegality of the relevant activity or information without a detailed legal examination (hereinafter “Report”).

13.4

In the event of Reports that satisfy the above requirements, Keliweb will communicate to the person or the Authority, without unjustified delay, also taking into account the case itself and its complexity, its decision regarding the information to which the report refers (hereinafter “Reason”).

13.5

If the individual or the Authority does not agree with Keliweb's decision, he/she can contact Keliweb again, at the following email address: abuse@keliweb.it motivating the reasons for disagreement with Keliweb's decision. Keliweb will examine the request and communicate its final decision to the individual or the Authority. Notwithstanding the above procedure, it is always possible to report the allegedly illegal content or activity to the public authorities.

Acceptance of terms of service relating to the "Domains" category

Pursuant to and for the purposes of articles 1341 and 1342 of the Civil Code, the Customer, after having carefully and specifically read and understood them, expressly approves and accepts the following clauses:

• 1. Declarations and Assumptions of Responsibility
• 2. Domain Name Registration/Transfer Rules
• 3. Customer Charges
• 4. Termination of the Contract in the event of domain transfer
• 5. Maintaining the domain name after expiration
• 8. Keliweb Limitations of Liability
• 9. Changes
• 10. Applicable Law and Competent Court

Previous version dated 10/18/2024

View in digital format
(Previous version dated 02/29/2024)

The Customer acknowledges that the Keliweb.it services are offered by Keliweb s.r.l. Single-member private limited Liability company (hereinafter only Keliweb) through the internet and therefore in ways as described online, under the following conditions:

1) General Conditions.

1.1 Introduction

The present general conditions concern the rules for Cloud services, Cloud Vps (from now on only Cloud) and Dedicated Servers offered by Keliweb. The confirmation of the online order on Keliweb website and the payment of the requested fee constitute full acceptance of the general conditions prepared in compliance with the provisions contained in the Legislative Decree 206/2005 (Consumer Code) and in the Legislative Decree 31 January 2007, n. 7 (Urgent measures for consumer protection, the promotion of competition, the development of economic activities and the creation of new businesses). Any additional service with respect to those established in the offer may be provided only upon specific request by the Customer, which has to be defined from time to time.

1.2 Characteristics of the service

The Cloud and Dedicated Server services offered by Keliweb, identified on the basis of the type chosen at the time of the order, may consist in the preparation by Keliweb of Cloud environments, based on the budgeted and selected resources during the ordering phase, completely at provision of the Customer; in this regard, the Customer acknowledges the fact and accepts that each VPS has an agreed bandwidth limit at the time of order which is 50 mbit / s on Cloud solutions and 100 mbit / s on Dedicated Servers, unless otherwise agreed. The Customer, by signing this contract, accepts the characteristics of the individual packages purchased.

1.3 Additional Services and Options

1.3.1

1.3.1 Simultaneously with the request to activate a Cloud Service or Dedicated Server, or after such request, the Customer can also purchase Additional Services (Software Licenses, Backup, Firewall, Controller Raid etc.), as indicated in the site https://www.keliweb.com. The Customer also acknowledges and agrees that the Additional Services are provided with the features and functionalities indicated on the Keliweb.com portal or indicated in the commercial proposal.

1.3.2

The Customer selects the desired Operating System directly during the ordering phase, but will in any case have the right to change it, at any time, directly from his customer area.
The Customer will have the possibility to install one or more applications in full autonomy.
The Customer will be able to manage the service through the console, which can be accessed directly via his customer area as well as via SSH (on Linux machines) or Remote Desktop (on Windows machines).
The Customer also acknowledges and accepts that:

1. the applications made available by Keliweb may not be compatible with other applications already installed by the Customer and / or may not be suitable for the purpose that He intends to pursue with them; therefore, the Customer now relieves Keliweb of any responsibility in this regard;
2. the responsibility for the choice, use and any incompatibility of the applications made available by Keliweb is and remains solely with the Customer who declares, now by then, to release Keliweb from any responsibility in this regard;
3. updates to applications on the Cloud and Dedicated Servers are charged to the Customer. Keliweb cannot be held responsible in case of problems on Dedicated solutions (Cloud and Server) due to failure to apply application updates, failure and / or incorrect updating of the applications by the Customer.
4. the options, regardless of the date of their activation, have the same duration as the Cloud service or Dedicated Server;

1.3.3

In the event that the Customer has purchased the Additional Backup Service, the Customer will be able to manage the Automatic File Backup service from a special panel that will be requested from the Keliweb staff via ticket system.
The Customer acknowledges and accepts that:

1. the backup service, regardless of the date of its activation, has the same duration as the service with which it is associated and, therefore, acquires the same expiry date;
2. the backup service must necessarily be associated with the service, therefore, the Customer can forward the renewal order only if the main service to which it is associated has been renewed in its turn.

The backup copies, with the purchase of the Backup Snapshot or Automatic File service, will be configured by default every 24h (if the customer wants customized configurations, he can do them independently or request assistance from the technical department via ticket system) and will be available for Customer at any time, except for possible technical service interruptions due to breakdowns, malfunctions or maintenance of the machines and / or software. In this case, the Customer will have nothing to claim as compensation and / or compensation for the unavailability and failure to use the backup service.
The Customer acknowledges and agrees that, although the use of the backup service reduces the risk of data loss and makes it easier for the Customer to have the copy of them available, the possibility that the backup may be incomplete and / or missing, therefore the Customer is in any case also required to periodically and independently make a backup copy of the entire contents of the database. However, Keliweb will make a backup copy of the Cloud Solutions for internal use.
Any liability of Keliweb is, any case, excluded.

1.4 Keliweb Power of modification

Keliweb reserves the right to modify the service and change the conditions of the offer at any time and without notice; in this regard it is understood that the contracts concluded prior to the inclusion of the changes or variations will in any case be accepted and complied in full under the agreed conditions.
The Customer acknowledges and agrees that the Service object of the Contract is characterized by technology in continuous evolution, for these reasons Keliweb reserves the right to modify for better the economic technical characteristics of the Service, the instruments related to it and to vary the conditions of the Contract at any time, even after its signing, without this giving rise to obligations of any kind for the Customer.

1.5 Limitation of liability of Keliweb

In no case Keliweb will be held responsible for the malfunctioning of the services deriving from causes attributable to telephone lines, electricity and worldwide and national networks, including failures, overloads or interruptions, and in any case for facts dependent on third parties, such as ddos ​​and IT attacks in general. No damages can be requested from Keliweb for direct and / or indirect damages caused by the use or non-use of the services purchased. Keliweb will not be held responsible for breaches of the services offered that derive from causes of force majeure. The user undertakes to hold harmless from all losses, damages, liabilities, costs, charges and expenses including any legal fees that may be incurred by Keliweb as a result of any breach of the obligations assumed and guarantees given by the user with the signing of this contract or application form and in any case connected to the input of the information in the space provided by Keliweb, also in the event of compensation for damages claimed by third parties for any reason. The customer relieves Keliweb of any civil and criminal liability for the illegal use of the services used by him and his clients.

1.6 Force Majeure, Catastrophic Events and unforeseeable circumstances

Neither party is responsible for failures attributable to general ddos ​​and computer attacks, fire, explosion, earthquake, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, popular insurrections, riots, strikes and any other unforeseeable and exceptional cause that prevents the provision of the agreed service.

1.7 Suspension of the Service

Keliweb, at its discretion and without the exercise of this right being challenged as a breach or breach of the Contract, reserves the right to suspend the Service, even without any prior notice if:

1. the Customer defaults or violates even only one of the provisions contained in the Contract;
2. the Customer fails to find, in whole or in part, the requests of Keliweb and in any case his behavior is such as to give rise to well-founded and reasonable fear that he may default on the Contract or be responsible for one or more violations of its provisions;
3. there are reasonable grounds for believing that the Service is used by unauthorized third parties;
4. there are cases of force majeure or circumstances which, at the unquestionable judgment of Keliweb, impose to carry out emergency interventions or relating to the resolution of safety problems, danger for the entire network and / or for people or things; in this case, the Service will be restored when Keliweb, at its discretion, has assessed that the causes that had determined its suspension / interruption have been effectively removed or eliminated;
5. the Customer is involved, in any capacity, in any judicial or even out-of-court dispute of a civil, criminal or administrative nature and in any case in the case in which said dispute relates to acts and behaviors implemented through the Service and / or the virtual infrastructure;
6. the suspension is requested by the Judicial Authority;
7. the Customer uses defective or non-approved equipment and / or software, or that presents malfunctions that can cause security problems and / or vulnerabilities of the Service, may damage the integrity of the network and / or disrupt the Service and / or create risks for the physical safety of people and things;

In any case of suspension of the Service attributable to the Customer, the possible action of Keliweb for compensation for damages remains unaffected.
During the suspension of the Service, the Customer may not have access to data and / or information and / or contents entered and / or processed by the Customer in the virtual infrastructure.

2) Duration of the Contract.

2.1 Conclusion of the Contract

The contract is concluded only when Keliweb receives from the Customer the payment of the proforma generated by the system, sending the receipt of payment of the fee for the type of service chosen, issued by the Body identified as competent to carry out the operation, Keliweb will begin to make the operations requested by the Customer as of the date of conclusion of the contract. The contract thus concluded has a duration equal to the period of time selected during the ordering procedure starting from the day of activation of the service, except as provided in the following art. 2.3. In the event that the payment is not valid, the service can be deactivated by Keliweb and / or transferred to another person, the payment order and interest relating to the delay remaining with the person who ordered the registration.

2.2 Contract Expiration / Renewal

By the deadline set for the chosen service, this contract will cease to be effective unless it is renewed by paying the pro forma fee relative to the amount due (at the rates applied at the time of renewal); if the service is not renewed before its natural expiration, the system will automatically suspend it after 72 hours from the expiration and the final cancellation after 7 days. In case of payment made within the deadline, the contract will be renewed following its billing cycle. The Customer must also configure the cancellation of the service directly from his customer area, following the procedure described in the FAQs of the Keliweb website. The cancellation can be immediate, and this will involve the direct elimination of all data and configurations and therefore will also make it impossible to restore it, or the natural expiry of the service.
Furthermore, the Customer acknowledges and accepts that:

1. as the expiration date approaches, Keliweb reserves the right to send notices of imminent termination of service to the relevant e-mail accounts and / or to the e-mail accounts in the event of non-renewal.

The Customer acknowledges and agrees that on the expiry date of each Service and in any case, at the end of the Contract to any due cause, the Parties will be automatically free from the respective obligations; the Customer acknowledges and agrees that it is his exclusive responsibility to obtain and maintain a copy of the data and / or information and / or content processed by the Service (s), it is understood that once the Contract is terminated or the Service expired such data and / or information and / or contents may no longer be recoverable. In any case, the Customer raises, now for then, Keliweb from any and all liability for any loss or total or partial damage to data and / or information and / or content entered and / or processed by the Customer through the / Service / s.The Customer is solely responsible for data restore and / or information and / or content entered and / or processed by the Customer, after reactivating the Service, if necessary by concluding a new Contract.
Keliweb reserves the right to change the cost of renewal of its services as a result of events beyond its will (for example, inflation or an increase in operating costs). In any case, the Customer will be notified in advance of all the changes relating to the new costs.

3) Services offered by Keliweb.

Keliweb.com services are distributed in the ways and conditions in which they are found on the date of the service activation as published on keliweb.com website which the Customer, by accepting these general conditions, explicitly declares to know and accept. Any form of explicit or implicit guarantee is expressly excluded, insofar as this does not conflict with the regulations in force. It should also be noted that neither Keliweb nor any of its licensees, employees, collaborators or agents guarantee the suitability of the service, subject of this contract, to any specific function. Keliweb or anyone who has participated in the creation and provision of the services cannot be held responsible for any damage (direct or indirect) connected to the use of the services offered or to the interruption of their functioning. We also want to specify that Keliweb is only responsible for the sale of services on the websites www.keliweb.it and www.keliweb.com. No liability is accepted for sites other than the two mentioned above.

4) Customer's obligations.

4.1 Obligations relating to the use of the Service

The Customer undertakes to use the Service in accordance with the provisions of the Contract and the institutional website, in compliance with the law, current legislation on morality and public order. By way of non-exhaustive example, the customer undertakes:

1. To guarantee that any material that he enters into the network through the services offered by Keliweb, both in its legitimate and complete availability, does not conflict with mandatory rules, does not violate any copyright, trademark, patent or other right of third party or keliweb protected by law or by the contract. Any copyrighted material may be placed on the network only if the customer has obtained the rights of use from the actual owner of the relative copyright and reports the source;
2. Not to use or to let third parties use Keliweb's services against morality and public order, in order to disturb public or private peace, to cause offense, or direct or indirect damage to anyone (by way of example but not limited to: the inclusion in the web space of dialers or materials or extracts of material dealing with pornography, pedophilia or racist or fanatical apologies is prohibited;
3. To keep in the strictest confidence and not to transmit the credentials to access the services (login and password) to third parties
4. To modify access password at least every three months, relieving Keliweb of any responsibility in case of legal action, loss or damage (including legal and honorary fees) arising from failure to observe the provisions concerning the conservation, modification and custody of the aforementioned passwords;
5. Not to undertake acts intended to violate or attempt to violate the privacy of private messages, to damage the integrity of the resources of others or to cause direct or indirect damage to anyone (by way of example but not exhaustively: through pirated software, cracks, key generators, software serials, computer attacks of all types including DOS attacks, viruses or other harmful components);
6. Not to take an active part in attempts to violate the IT systems and security of Keliweb networks or third parties by means of the service made available by Keliweb which may give rise to civil and / or criminal liability;
7. Not to access the systems, networks and / or information of third parties that have not provided explicit authorization, through scanning / probing techniques, vulnerability tests, security breach attempts;
8. Not to create situations of danger and / or instability and / or other problems of a technical nature as a result of programming activities and / or methods of use that affect the quality of the customer's service or that of other customers in order to cause damage to the same, to Keliweb and / or to third parties;
9. Not to use Keliweb's services to contravene (directly or indirectly) the current Italian law;
10. Not to publish websites with gambling content, online casinos or in any case contents that do not comply with the provisions of law 401/1989 and subsequent amendments and additions, in the absence of the necessary authorizations required by current legislation. In this case the customer is required to send to the provider, before the publication of the aforementioned contents, a copy of the concession, authorization, license or other authorization. It is understood that in the event that Keliweb becomes aware of websites or links (hyperlinks) to other websites for which a copy of the aforementioned authorization has not been previously provided, Keliweb reserves the right to suspend the service until the supply of the requested documentation, excluding any reimbursement and / or compensation for the period of unused service;
11. Not to offer information to the public (textual or graphic) that is harmful to Keliweb's image through the services provided;
12. Not to carry out spamming or equivalent actions (for a definition of spam see A Set of Guidelines for Mass Unsolicited Mailings and Postings (spam *) and not to introduce or send programs (viruses, trojan horses etc) that compromise the functioning of the network;
13. Not to carry out phishing or other equivalent illegal actions aimed at stealing personal data or other confidential information from users (including but not limited to: access codes, passwords, userIDs);
14. To take charge of the protection of the data entered, in the event that the Customer has purchased a service with a shared web space;
15. To read and accept all the rules contained in the Keliweb policy, available at https://www.keliweb.com;
16. Not to use or have third parties use the Service to cause damage or harm, in any way or form, to the image and trademarks owned by Keliweb. In the event of violation of one or more of the aforementioned obligations, Keliweb will have the right to cancel any unauthorized material entered and immediately suspend the service without any prior notice, reserving the right to terminate the contract pursuant to the following art. 5 and to withhold the sums paid by the Customer as a penalty, except for the compensation of the greater damage.

The customer acknowledges and agrees that nothing will be required of Keliweb by way of reimbursement or compensation for damages for the measures that it has deemed appropriate. In any case, the customer assumes, now for then, all responsibilities regarding the violations mentioned above and undertakes to indemnify and hold Keliweb harmless from any prejudicial consequence. The customer acknowledges and accepts that in the event of a dispute with third parties, Keliweb reserves the right to suspend the service and / or remove all or part of the material, pending the resolution of the dispute, explicitly excluding any and all reimbursement o compensation or liability of Keliweb for the non-use of the services during the suspension period and / or for the removal of the material. Traffic on Cloud and Dedicated Server services is unlimited. Through our Services you should not in any way send unsolicited mail (spam). Otherwise, Keliweb reserves the right to suspend and / or terminate the service. Keliweb reserves the right to limit / reduce the use of the products if necessary for operational or safety reasons.

4.2

The Customer also guarantees pursuant to art. 46 DPR 445/2000 and s.m.i. that the data and information transmitted for the purpose of concluding the Contract are true, correct and such as to enable its identification, and undertakes to communicate any changes to the same, including the e-mail address indicated in the Order Form. Keliweb reserves the right to verify such data and / or information also requesting additional documents that the Customer undertakes, now for then, to transmit. If the customer, at the time of identification has, even through the use of non-real personal documents, concealed his real identity or falsely declared to be another person, or otherwise acted in such a way as to compromise the identification process. He takes acknowledges and agrees that he will be held liable, even criminally, for false declarations and / or the use of false documentation and will also be considered solely responsible for all damages suffered and suffered by Suppliers and / or third parties from inaccuracy and / or falsity of the information disclosed, assuming from now on the obligation to indemnify and hold harmless the Suppliers from any possible claim, action and / or request for compensation or for damages that may be brought by anyone against them.

4.2.1

The Customer declares that he possesses all the technical knowledge necessary to ensure the correct use, administration and management of the virtual Infrastructure (s) and in any case recognizes and acknowledges that the processing of data and / or information and / or contents that he has implemented and their consequent dissemination on the internet through the same infrastructure (s) are performed exclusively at his own risk and under his responsibility.

4.2.2

The Customer acknowledges that the internet is not controlled by Keliweb and that, due to the peculiar structure of the aforementioned network, no public or private entity and not even Keliweb is able to guarantee and monitor the performance and functionality of the network branches and to check the contents of the information that is transmitted through your network. For this reason, no responsibility can be attributed to Keliweb for the transmission or receipt of illegal information of any nature or kind.

4.2.3

The Customer, also in the name and on behalf of third parties who may, for whatever reason, have allowed the use of the Service, undertakes to use the Service exclusively for lawful purposes and permitted by the applicable legal provisions from time to time, from the uses and customs, from the rules of diligence and in any case, without damaging any right of third parties, assuming all responsibility in this regard. The Customer declares to be the sole and exclusive administrator of the Service and as such declares to be solely responsible for the management of data and / or information and / or content processed by him in the Virtual Infrastructure, their security and their saving and the fulfillment of any other activity deemed useful or necessary to guarantee its integrity, committing itself, by its effect, to apply, at its own expense, appropriate and adequate security measures; of the content of the information, sounds, texts, images, form elements and data accessible and / or made available in the virtual infrastructure and in any case, for any reason, transmitted or put online by the Customer; of malfunctions of the Service for any use that does not comply with the Keliweb Services Use Policy; loss or disclosure of login credentials; of access management to his Panel (any connection, modification of the Service or order made through the Client Panel is assumed to be carried out by the Customer himself); in this regard, the Customer assumes the responsibility of providing for the periodic variation of the password for access to the Panel with a frequency not exceeding 3 (three) months.

4.2.4

The Customer undertakes to communicate to Keliweb, by opening a special ticket, any change in his personal data and contact details, including the e-mail address indicated in the order.

4.2.5

The Customer also undertakes to promptly inform Keliweb of any unauthorized use of his account or any other breach of security found.

4.2.6

The Customer declares, for himself or for third parties that he can, for any reason, have allowed to use the Service, to be in compliance with the software licenses autonomously entered and used in the virtual Infrastructure and assumes the relative costs.

4.2.7

The Customer declares and agrees to be the sole and exclusive responsible for any transaction carried out for himself or for third parties or directly by them, in the use, administration and management of the various virtual Infrastructures created and allocated through the Service, for the effect with regard to such transactions he undertakes to:

1. respect or make third parties comply with the applicable legislation from time to time applicable to them, including that for the protection of personal data (Legislative Decree 196/2003 and European Regulation No. 679/2016);
2. to indemnify and hold Keliweb harmless from any and all claims or claims for damages, direct or indirect, of any nature or kind, from anyone made in this regard; the Customer undertakes, now for then, to keep Keliweb harmless and harmless from any and all requests or claims by third parties for damage to them caused by or through the use of the Service. The Customer must bear all the costs, compensation for damages and charges, including any legal fees, which may arise from such liability actions and undertakes to inform Keliweb if such action should be brought against him.

4.2.8

The Customer undertakes to communicate and enforce any third parties to whom he has allowed, for any reason, to use the Service, all the provisions of the contract, without exclusion, also undertaking to indemnify and hold Keliweb harmless from any possible requests and / or claims for damages from anyone advanced that find title in the violation of the aforesaid prescriptions and however in the behavior of the Client or of the aforesaid third parties.

5) Termination of the contract

5.1 Express termination clause

This contract terminates by law, pursuant to art. 1456 of the Civil Code, authorizing Keliweb to interrupt the Service offered without prior notice and assigning Keliweb's Owned Resources to new Customers if the same Customer:

1. assigns all or part of the contract to third parties, without the prior written consent of Keliweb;
2. fails to pay the requested fee;
3. acts or appears as an agent of Keliweb;
4. is subjected or admitted to a bankruptcy and / or bankruptcy procedure;
5. uses the services in ways other than those established by Keliweb.
6. contravenes clause 4.1 and 4.2 In these hypotheses Keliweb will communicate the successful termination by PEC or Racc. AR and will retain the sums paid by the Customer as a penalty, except for compensation for greater damages.

Starting from the termination and / or termination of the Contract occurred in the cases provided for in this article, the Service is deactivated and Keliweb will have the right to charge the Customer with any additional charges that it has had to bear, remaining in any case except its right to compensation for any damage suffered.

5.2 Withdrawal by Keliweb

Without prejudice to the above, Keliweb will have the right to withdraw from this contract at any time without giving reasons, with 7 days notice sent by registered letter with return receipt, or alternatively by certified e-mail (PEC) or by e-mail. After the deadline indicated above, if the service has not already been suspended pursuant to art. 4.1, Keliweb may at any time deactivate, disable, obscure and in any case render the site and / or email accounts unusable. It is understood that the customer is required to copy the contents entered into his own space as Keliweb, once the notice period has expired, does not guarantee recovery. Furthermore, in the event of withdrawal, Keliweb will be required to return to the Customer the rate of the service price corresponding to the days not used until the next natural expiration of the relationship, remaining explicitly excluded any and all other reimbursement or compensation or liability of Keliweb for non-use by the Customer of the service in the remaining period. Keliweb reserves the unequivocal right to terminate the service at any time and without prior notice in the event of fraud or alleged fraud. The customer is required to identify himself, should Keliweb request it, in order to be able to use the services purchased. In case of failure to communicate The service could be terminated and as such unrecoverable. The service may also be suspended at any time and without notice, at the discretion of the technical and / or administrative department. It will be the responsibility of Keliweb to motivate the suspension by sending an email message on the registration email used when purchasing the services.

5.3 Withdrawal by the Customer

The Customer, which can be qualified as a consumer and identified, pursuant to art. 3 of Legislative Decree 206/2005 (so-called Consumer Code), in the natural person who acts for purposes unrelated to his business or professional activity, he will have the right to withdraw from this Contract at any time, without any penalty and without indicating the reasons, sending the relative communication, with attached copy of a valid identity document, by registered mail with return receipt to Keliweb, Via Mario Cozza, 7 - 87036 Rende (CS) or via Pec to support@kelipec.it or by request in your customer area. The withdrawal will be effective 30 (thirty) days from the date of receipt by Keliweb of the aforementioned communication and Keliweb will deactivate the services. In the event of a transfer request, Keliweb will communicate any authorization codes to the reference e-mail address. In the event that the customer also requests reimbursement of the price of the Service for the days not used until the subsequent natural expiry of the relationship, Keliweb is not obliged in any way to make such reimbursement. The customer acknowledges and agrees that the aforementioned right of withdrawal is recognized, in accordance with Legislative Decree 206/2005 and Law 40/2007, only to customers who qualify as consumers. In the event of cancellation, termination or unlawful termination by the Customer, Keliweb is hereby authorized to withhold the sums paid by the Customer as a penalty, except for compensation for greater damage. In any case, it is understood that the customer is required to copy the contents entered into his own space, as Keliweb does not guarantee the recovery.
Without prejudice to the above, the Customer, whether or not he qualifies as a "consumer" pursuant to art. 3 of Legislative Decree 206/2005 (so-called "Consumer Code"), will always have the right to withdraw from this Contract at any time, without penalty and without giving any reasons, by written communication sent by registered letter with return receipt or certified electronic mail (PEC) at the addresses indicated in the following art. 10.
The withdrawal will be effective 30 (thirty) days from the date of receipt by Keliweb of the aforementioned communication.
Alternatively, the Customer can exercise the Right of Withdrawal with a refund (satisfied or reimbursed) in the following ways:

1. For Services with a Monthly and Quarterly billing cycle, a refund can be requested for the amount paid within 7 days from the date of purchase of the service. No reimbursement will be made for the purchase of software licenses or for the registration of one or more domains associated with the service.
2. For services with a semi-annual, annual, two-year and three-year billing cycle, a refund can be requested within 15 days from the date of purchase of the service. No reimbursement will be made for the purchase of software licenses or for the registration of one or more domains associated with the service.

The request must be made via Administrative Ticket from within your client area.

6) Responsibility.

6.1 Disclaimers of liability of Keliweb

Keliweb disclaims any responsibility both to its customers and to third parties for delays, malfunctions, suspension and / or interruption in the provision of services due to:

1. force majeure and / or unforeseeable circumstances;
2. fact of the third party (by way of example but not exhaustive: unauthorized publication by third parties of the texts entered by the Customer in any messaging area, public or private);
3. malfunctioning or non-compliance of the connection devices the customer has equipped himself with;
4. failures and malfunctions of the machines and software, whether owned by Keliweb or its suppliers. In such cases the customer acknowledges and accepts that nothing will be required of Keliweb as compensation. The customer must notify Keliweb immediately or no later than 24 calendar hours of any irregularities in the service. Any damage caused by a poor communication will be considered the Customer's responsibility.

6.2 Responsibilities of both Parties

Keliweb and the customer mutually undertake to treat as confidential any data or information known or managed in relation to the activities for the execution of the service provided by Keliweb.

6.3 External Data Processing Manager

Keliweb is in no way responsible for the contents that the Customer uses through the Cloud Service or Dedicated Server purchased. Keliweb, therefore, remains extraneous to any type of activity the Client or his collaborators carry out in full autonomy, following the delivery of the credentials, provided at the time of the purchase of the Service. The Customer, through these credentials, remotely controls every personal activity performed through the use of the services purchased.The Customer, once obtained the aforementioned credentials, also becomes the sole owner of the processing of personal data released during the purchase, for the entire duration of the stipulated contract and for the thirty days following its expiry, in accordance with the Legislative Decree 196/03 and EU Regulation n. 679/2016.

6.4 Limitation of Liability

6.4.1

Keliweb will not be liable when the delay in the supply or the degradation of the service:

• depend on actions or omissions of the Customer, its employees or third parties hired by the Client, and / or its customers;
• they cannot be resolved and / or eliminated because the Customer refuses access to his own;
• occur during scheduled maintenance periods or in any case communicated in advance;
• they are due to force majeure events;
• are the result of a suspension of the Service;

6.4.2

Unless this operation is expressly understood and provided for by the Service purchased, it does not make any specific backup of the data and / or information and / or content processed by the Customer, per se or for third parties or by the latter if authorized by the Customer, in the 'virtual infrastructure except for the backup on all the contents of the storage that Keliweb itself, for its caution, periodically carries out for the purposes of eventual restoration of the Service; however, this does not relieve the Customer from making a complete backup of the data and / or information and / or content entered and / or processed by the Virtual Infrastructure and from taking all the necessary security measures to safeguard them. Keliweb in any case does not offer any guarantee regarding the use of the Service as regards the protection and conservation of the aforementioned data and / or information and / or contents, except for the activation by the Customer of a specific accessory service.

6.4.3

Keliweb will not be considered in any case responsible for the use made of the virtual infrastructure in relation to critical situations that involve, by way of example, specific risks for the safety of people, environmental damages, specific risks in relation to services mass transport, to the management of nuclear and chemical plants and medical devices.

6.4.4

Keliweb does not assume, under any circumstances, any responsibility for the information, data, content entered or transmitted and, in any case, processed by the Customer, for himself or for third parties or by the latter if authorized by the Customer, in the Infrastructure virtual and generally for the use made by the same of the aforementioned Infrastructure and reserves the right to adopt any initiative and action, to protect its rights and interests. Keliweb will in no case be liable for any damage, direct or indirect, of any kind and species, caused by the Customer to third parties that in any way and form and for any reason have used the Service.

6.4.5 Appointment as Data Processor.

On Dedicated solutions Keliweb does not have access to services, unless it is in the customer to provide them in case of previously agreed technical interventions. Keliweb will be authorized to process personal data of which the Customer is the Owner, within the limit of the activities envisaged by the aforementioned contract. Keliweb reserves the right to carry out all activities aimed at ensuring compliance with the relevant provisions in force and the task of managing, supervising and organizing all operations concerning the processing of personal data provided by the Customer / Owner, for the purpose of the correct execution of the activities covered by contract. In compliance with the provisions of the Privacy Code and EU Regulation n. 679/2016, we specify that Keliweb will be required to:

1. To process the personal data provided by the Customer / Owner only for the purpose of providing the services agreed by contract, using the technical and organizational measures provided for in the same and in the documents referred to therein. In the event that the Customer / Owner requires a different treatment than the one indicated above or with specific exceptions with respect to article 32 of EU Regulation no. 679/2016, must first express its will and describe the measures it wishes to be guaranteed, which will then be evaluated and, if applicable, presented with a specific offer.
2. Ensure that the personnel in charge of processing personal data are bound by a duty of confidentiality.
3. Adopt all the measures required pursuant to Article 32 of EU Regulation no. 679/2016;
4. Respect the conditions set out in paragraphs 2 and 4 of article 32 of EU Regulation no. 679/2016 in order not to resort to a new person in charge of processing personal data unless prior authorization from the Customer / Owner. In the event that Keliweb is authorized to resort to this eventuality, it will have to impose on this Manager the same obligations as it signed;
5. Assisting the Client / Data controller with the processing of personal data with adequate technical and organizational measures, whenever possible, in order to guarantee the respect of the rights of the Data Subject;
6. Assisting the Customer / Data Controller in complying with their obligations
7. Cancel or return all personal data provided by the Customer / Owner following the termination of the provision of services under the contract.
8. To make available to the Customer / Owner all the necessary information regarding the obligations that Keliweb will be obliged to respect towards the Customer / Owner himself, offering him the possibility of verification after agreement on the timing and methods of implementation of this procedure, which does not will have to contrast with the confidentiality obligations assumed by Keliweb. The costs of this verification will be entirely borne by the Customer / Owner. In the event that Keliweb makes use of the collaboration of third parties for the activities described above, it will take care to provide for the erudition of these subjects regarding compliance with the rules prescribed by the Privacy Code and EU Regulation no. 679/2016. Keliweb manages the processing of personal data by following all the instructions given above, implementing every technical specification prescribed within the Privacy Code and the EU Regulation n. 679/2016, taking into account the safety requirements established for the provision of services. If anomalous situations occur, the suppliers of the aforementioned services will be required to promptly inform the Customer / Owner.

7) Fees.

For the purposes of concluding the contract, the Customer is required to pay Keliweb the amount set for the requested service plus VAT and any other legal charges. The Customer will not be able to assert rights or raise exceptions of any kind unless it has first made the payments provided for in this contract. The Customer acknowledges and agrees that, pursuant to the provisions of art. 52 paragraph 1 lett. e) Legislative Decree 206/2005, the payment of the service must be made in one of the ways indicated in the online form, in particular via PayPal, bank transfer or credit card. In the case of payment by bank transfer, the Customer is required to indicate the proforma number generated by the system and the references necessary to identify the order placed and must send a transfer receipt sent by email to the address amministrazione@keliweb.it.
Payments by PayPal and credit card must be made through the customer's own account; in the case of use of the PayPal method, if the "send money" feature is used, it is necessary to notify Keliweb of the payment by providing the relevant id and date by e-mail to the address amministrazione@keliweb.it.
By accepting these General Terms and Conditions, the Customer explicitly agrees that the invoice is transmitted and / or made available in electronic format. Any existing credits in favor of the Customer due to failure to activate the Service, for any reason, must be used by the latter for the purchase or renewal of Keliweb Services within and not beyond the period of twelve months from the date of payment. If the above period of time has elapsed without the Customer having used the aforementioned credit, this will be considered definitively acquired and collected by the Supplier, without the Customer being able to claim their return or use.

8) Documentation and Log.

The Customer expressly acknowledges and accepts, the existence of the Connection Register (LOG - data related to access to services), compiled and stored by Keliweb in the terms and in the manner established by law. The aforementioned register (Log) constitutes full and incontrovertible proof of the facts and acts performed by the Customer in relation to Keliweb and / or third parties; it has the character of absolute confidentiality and may be shown and / or provided exclusively at the request of the competent Authorities. Keliweb adopts all the technical and organizational measures necessary to guarantee the confidentiality of the connection Logs. The Customer acknowledges and also accepts that Keliweb reserves the right to keep the access Logs, when the Customer accesses the service management panel, for a period of time equal to or longer than the duration of the contractual relationship.

9) Features and functionality of the system.

9.1

The Customer acknowledges and accepts that Keliweb does not provide any guarantee on the fact that the service fits perfectly for particular purposes. Furthermore, due to the very nature of internet services, in which many entities are involved, no guarantee can be given regarding the constant usability of the service. The Client indemnifies, now for then, Keliweb from any responsibility in case of non reachability of the websites from all over the world, of impossibility of transmission or receipt of information to any cause. The Customer acknowledges and accepts that the use of the services provided in collaboration with other infrastructures (national and international) is limited by the boundaries and the rules established by the managers of the same services, as well as by the laws in force in the countries hosting these services and by those international organizations.

9.2 Service levels: Power and Network

These service levels apply to the power supply and Internet connectivity provided by Keliweb.
Connectivity - 99.85%
Electric current - 100%
Maintenance windows are excluded from the calculation for Internet connection availability. The service level on IP connectivity is valid only when the network cables are supplied by Keliweb.
Deliverable when the annual availability without interruption is less than the expected guarantee.
The duration of the interruption is intended as cumulative, ie as the sum of the interruptions occurred during the year.
The compensation is applicable only to the portion of the fee related to the elements affected by the interruption and does not extend to the entire service fee.
1 to 4 hours - 5%
4 to 8 hours - 10%
8 to 24 hours - 15%
More than 24 hours - 20%

9.3 Levels of Assistance

On Cloud solutions Keliweb will activate the service immediately after the balance of the proforma generated by the system. If a control panel other options is selected, the provisioning of the service will take place within 24 hours.
On Dedicated Server solutions the activation will take place within 24 hours, except for the unavailability of the selected machine in the Keliweb warehouses.
The systematic management of dedicated solutions (VPS or Server) is completely charged to the customer except for the purchase of the Managed option (see attachment available with the option purchase). Maintenance, care and control of installed applications are the sole responsibility and responsibility of the Customer.

10) Information pursuant to art. 52, 53, 64 and ss. and 5 Legislative Decree 206/2005 and art. 7 of Legislative Decree 70/2003.

Pursuant to the provisions of articles 52, 53 and 64 et seq. Legislative Decree 206/2005 the Customer acknowledges that:
- the service provider is Keliweb s.r.l. Single-member private limited Liability company - Via Mario Cozza 7 - 87036 Rende (CS), P.Iva / C.f 03281320782, Tel: 0984 1766080 Fax: 1782739225
- pursuant to art. 3 of the legislative decree n. 206/2005 consumer is defined as the natural person who acts for purposes unrelated to any entrepreneurial or professional activity carried out and (consumer and user associations) whose sole purpose is to protect the rights and interests of consumers or users; These subjects will have the right to withdraw, pursuant to art. 1 paragraph 3 of Law 40/2007, from the contract, without obligation to indicate the reasons and at any time, with a communication sent to Keliweb by registered letter with return receipt. to the following address: Keliweb SRL - Via Mario Cozza, 7 - 87036 Rende (CS) or via PEC support@kelipec.it. After 30 days from the receipt, by Keliweb, of the aforementioned communication, the withdrawal will be effective and Keliweb will cease all the services offered and communicate the authorization codes relating to the domain name to the reference email address.

11) Applicable Law and Jurisdiction

11.1

The law applicable to this contract and its annexes is Italian law.

11.2

Competent to know of any and all disputes relating to the execution, interpretation, effectiveness and / or termination of this contract will be exclusively the Judicial Authority of the Court of Cosenza, with the express exclusion of the Judicial Authority of any other possible alternative or concurrent Forum.

12) Copyright and licenses

12.1

The Customer is required to use the Service in respect of the intellectual and / or industrial property rights of Keliweb as indicated in the relevant policy in the use of Keliweb services. Software such as any other copyright or other intellectual property right is the exclusive property of Keliweb and / or its licensors, therefore the Customer does not acquire any right or title in this regard and is required to use them only in the period of contractual validity.

12.2

In the case of licenses provided by third party suppliers through Keliweb, the Customer, for himself and / or for third parties to whom the Service has been used, from having read the terms and undertakes to use the software according to methods indicated on the respective sites exclusively for personal use.
The Customer undertakes to accept and comply with the terms of the aforementioned licenses. The Customer declares to be aware of the fact that the Licenses exist between the Customer and the owner of the copyright on them with the exclusion of any liability of Keliweb. In no case may any breaches and / or customer behavior that differs from the Contract be considered as exceptions to the same or tacit acceptance of the same, even if not contested by Keliweb.
The possible inaction of Keliweb in exercising or enforcing any right or clause of the Contract does not constitute a waiver of these rights or clauses.

13) Final provisions and communications.

1. The relationship between Keliweb and the Customer established by these contract conditions can never be understood as mandate, representation, collaboration or association relations or other similar or equivalent contracts.
2. It is forbidden for the Customer, unless specifically approved in writing by Keliweb, to insert additional clauses or notices and / or modify the present contract in any way.
3. The eventual nullity, annulment or ineffectiveness of one or more clauses of these General Terms and Conditions will not extend to the remaining clauses, which must be considered fully valid and effective.
4. For any dispute concerning the interpretation, execution and resolution of these General Terms and Conditions, the Court of Cosenza will be exclusively competent, unless the Customer has acted and concluded this contract as a Consumer for purposes unrelated to the carried out entrepreneurial or professional activity. In this case the Court of the place where the Customer has his residence or domicile will be exclusively competent, if located in the territory of the Italian state.
5. For all matters not covered by these General Terms and Conditions, the Parties expressly refer to the provisions of the law.
6. All communications to the Customer relating to this contractual relationship may be made by Keliweb by hand, by e-mail, by registered letter with return receipt, ordinary mail or by fax to the addresses communicated by the Customer and, consequently, the same they will be considered known by them. Any changes to the Customer's addresses not communicated to Keliweb will not be enforceable against it
7. Except for the cases specifically provided for in the Contract, all communications that the Customer intends to send to Keliweb regarding the Contract, including requests for assistance, must be sent by ticket in the manner indicated, except for the form provided for other communications as indicated in the previous articles.
8. Any complaints regarding the provision of the Service must be sent by pec or forwarded by ticket by the Keliweb assistance service within and no later than 7 days. from the moment in which the fact that is the subject of the complaint occurs. Keliweb will examine the complaint and provide a written reply within 15 days of receiving it. In the event of complaints due to particularly complex facts, which do not allow for an exhaustive answer in the terms set out above, Keliweb will inform the Customer within the aforementioned terms on the progress of the case.
9. The Customer undertakes not to transfer the contract to third parties without prior written authorization from Keliweb.

Acceptance of terms of service relating to the "VPS and Server" category

Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the Customer, after taking careful and specific knowledge and vision, approves and expressly accepts the following clauses:

• 1.3.3 letter b and c application responsibilities and updates
• 1.3.4 lett. C backup responsibility
• 1.4 Power to modify Keliweb
• 1.5 Keliweb's limitation of liability
• 1.7 Suspension of the Service
• 4. Customer obligations
• 5. Termination of the contract
• 6. Responsibility
• 7. Fees
• 8. Documentation and Log
• 9. System features and functionality
• 11. Applicable law and jurisdiction
• 12. Copyright and Licenses
• 13. Final provisions and communications.

Previous version dated 02/29/2024

DPA Keliweb
(Previous version dated 02/29/2024)

View in digital format
(Previous version dated 02/29/2024)

The Customer acknowledges that the service is offered by Keliweb s.r.l. Single-member private limited Liability company (hereinafter only Keliweb) through the internet under the following conditions:

The Cloud Applications Service is provided by Keliweb to the Customer by virtue of a separate and autonomous agreement between the same and the company Jelastic S.L. and / or the companies controlled by the latter and / or associated with it.

The Customer acknowledges and accepts that the provisions contained in the Cloud Applications Section which will be applicable to the Cloud Applications Service in accordance with the provisions of these terms.

1) Activation of the Service

1.1

In order to use the Cloud Applications service, the Customer must create a Jelastic account by providing an e-mail address, which will coincide with the username, and independently setting a password at the same time as activating the Jelastic account. The e-mail address provided by the Customer for the activation of the Jelastic account will be transmitted to the Jelastic Platform which will send the Customer the communications relating to the activation of the Jelastic account and its management.

1.2

The Cloud Applications service is offered with a free trial period of 30 days, after which, if the Customer does not proceed with the purchase of the same, it will be interrupted with consequent cancellation and loss of all data entered and configurations made.

2) Keliweb's obligations and limitations of liability

2.1

The Customer acknowledges and accepts, now by then, that with regard to the Cloud Applications Service, the obligations of Keliweb, referred to in the Contract, will be limited to the sole provision of first-level assistance and maintenance according to the level of competence.

Technical assistance will be provided exclusively on time and in the manner indicated in the Cloud Applications TOS Section.

In any case, the Customer is required to promptly notify Keliweb of any irregularities or malfunctions of the Service via ticket system. Keliweb undertakes to make every reasonable effort (taking into account the type of assistance purchased) to take charge of the Customer's reports.

1. Type of intervention requested;
2. Order of arrival of the request for intervention;
3. Priority nature of the request for intervention.

In order to allow the correct and rapid execution of the intervention, the Customer undertakes to provide all the specifications and information requested by Keliweb. With the intervention referred to in this paragraph, exclusively of a technical nature, the Customer:

1. Acknowledges and accepts that Keliweb, by carrying out the intervention, assumes an obligation of means and not of results and that, in no case, it will participate in the management or implement interventions on the data and / or information and / or contents processed by him and / or entered through the Services and / or in his own remote location by not participating and / or determining them in any way;
2. Accepts, now by then, to take on all related risks;
3. Undertakes, now by then, to obtain, before carrying out the intervention, a complete backup copy of the data and / or information and / or contents entered and / or processed by the Service.

In any case the Customer, now by then, relieves Keliweb and / or the Companies controlled by it and their staff from any responsibility, as well as the external Companies in charge of the intervention and their staff, for any damage, direct or indirect, of any nature and species suffered for or because of said interventions.

Keliweb reserves the right to suspend or interrupt the provision of the Services to proceed with scheduled technical maintenance interventions. In this case, the Customer will be notified by e-mail with a 3 (three) days notice. This communication will also indicate the timing of the restoration.

In the event that extraordinary maintenance interventions, which cannot be programmed and cannot be extended, are deemed necessary, some temporary interruptions to the services will be possible.

Keliweb will not be liable in any way for damage caused by the interruption of services.

2.2

Keliweb makes no warranties regarding the Jelastic Platform.

It is expressly understood that Keliweb does not control or monitor the behaviors or acts put in place by the Customer through the Jelastic Platform or does not control or monitor the information and / or data and / or content entered by the Customer or by its collaborators using the Platform itself; in any case, Keliweb is and remains unrelated to the activities that the Customer carries out in full autonomy by accessing the Jelastic Platform.

The Customer acknowledges and accepts that once he has accessed the Jelastic Platform he is the only data controller, pursuant to EU Regulation 679/2016, of any personal data entered and / or processed through the Jelastic Platform for the entire duration of the Contract and it will be your responsibility to provide Jelastic with the related instructions in this regard, in compliance with the provisions of articles 28 and 29 of EU Regulation 679/2016, including the appointment to Jelastic itself as the Data Processor.

3) Obligations and rights of the Customer

3.1

By accessing the Jelastic Platform, the Customer independently manages the purchased resources.

The Customer is the administrator of his own cloud environments and therefore responsible for the logical integrity of their configuration.

Keliweb specifies that it does not make any specific backup of the data and / or information and / or content processed by the Customer, for itself or for third parties or by the latter if authorized by the Customer, in the virtual infrastructure, therefore the Customer is required to make the backup complete with the data and / or information and / or content entered and / or processed by him in the virtual infrastructure and to take all the necessary security measures for the protection of the same.

Keliweb, therefore, will not be in any way responsible for any loss of data and / or information and / or content processed by the Customer.

3.2

The Customer declares to be in compliance with the licenses of the software independently inserted and used through the Jelastic Platform and assumes the relative costs and the relative responsibilities of correct use.

3.3

Notwithstanding the foregoing, the Customer acknowledges and accepts that Jelastic may modify the Jelastic Platform, or implement new versions at any time and for any reason.

3.4

The Customer may choose to pay the fee using one of the payment methods made available by Keliweb at the following link: https://www.keliweb .it/payments.php. Each payment made by the Customer will contain its own identification number and Keliweb will issue the relevant invoice for it within the following month. The VAT due will be applied to all invoiced amounts which, together with any other tax burden deriving from the execution of the Contract, will be borne by the Customer. In any case, the Customer now and then releases Keliweb from any and all liability arising from transactions or payments made.
Payments via Paypal, Stripe and credit card must be made through your customer area; in the case of using the Paypal method, if the "send money" function is used, it is necessary to notify Keliweb of the payment by providing the relevant ID and the date via email to amministrazione@keliweb.it.

Recurring payment methods

If the Service is set up with automatic renewal mode and the Customer has associated a credit card, a PayPal account, a Stripe account with his account, the Customer acknowledges that the data of the credit card, PayPal account, Stripe accounts will be associated with the Customer's account for the management of future payments, unless an express request for modification/cancellation is made, which can be made at any time directly by the Customer on their control panel; with reference to payment via Stripe account, the data relating to the Customer's credit card will not be stored by Keliweb, which will only receive a unique code from Stripe, through which the latter will communicate the receipt of the data. The Customer also acknowledges that in the event of renewal, the list price operated by Keliweb will be applied.
In the event of automatic renewal of the Services, the Customer expressly authorizes Keliweb to charge the fees for the Services on a periodic basis, based on the renewal times foreseen for the individual Services and/or based on Customer requests. The Customer hereby guarantees the availability of the sums necessary to make payments. It is understood that, in the event of failure to cancel within the terms, the Contract will be considered renewed and it will not be possible to proceed with a refund of the sum paid upon renewal.

4) Deactivation of the Service before expiration

4.1

The Customer acknowledges and accepts that Jelastic at any time and without motivation can interrupt the supply of the Jelastic Platform or withdraw and / or terminate the contract concluded with Keliweb, therefore from the moment of activation of the Jelastic Account for access to the Jelastic Platform the Customer releases Keliweb from any liability for any failure to use the Jelastic Platform.

4.2

If the circumstances referred to in the previous art. 4.1 Keliweb will notify the Customer of the withdrawal from the Contract according to the terms and methods indicated in the following art. 5.

5) Withdrawal

5.1

Keliweb reserves the right to withdraw from the Contract at any time and without the obligation to give reasons, by giving written notice to the Customer, with a 15 (fifteen) days notice, except in the case of events caused by force majeure, by virtue of which Keliweb reserves the right to withdraw from this contract with immediate effect. Once the term indicated above has elapsed, the Contract must be considered terminated and Keliweb may at any time deactivate the Service without further notice and refund the Customer the amount paid to purchase the Top-up and remained unused on the effective date of the withdrawal. In any case, any other liability of Keliweb for exercising the right of withdrawal and / or for the Customer's failure to use the Service or the consequent right of the latter to claim any other reimbursement or indemnity or compensation for any type and gender.

Acceptance of terms of service relating to the "Hosting" category

Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the Customer, after having received their careful and specific knowledge and vision, approved and expressly accepts the following clauses:

• 2.1 provision of first-level assistence and maintenance by Keliweb
• 4.1 interruption of service by Jelastic
• 5.1 withdrawal from the contract by Keliweb

Previous version dated 02/29/2024

View in digital format
(Previous version dated 02/29/2024)

The Customer acknowledges that the Keliweb.it services are offered by Keliweb s.r.l. Single-member private limited Liability company (hereinafter only Keliweb) through the internet and therefore with methods as described online, under the following conditions:

General conditions.

Premise

These general conditions relate to the rules for the Housing and Colocation services offered by Keliweb. The confirmation of the order and the payment of the requested fee constitute full acceptance of the general conditions drawn up and prepared in compliance with the provisions contained in Legislative Decree 206/2005 (Consumer Code) and in Legislative Decree 31 January 2007, n. 7 (Urgent measures for consumer protection, promotion of competition, the development of economic activities and the creation of new businesses). Any additional services compared to those established in the offer may only be provided after specific customer request in a manner to be defined from time to time.

Assessment of customer needs

Unless otherwise agreed in writing, KELIWEB is not responsible for assessing the Customer's needs in terms of space, equipment, computers, transmission capacity and uses that can be obtained, nor for providing any consultancy activities. The responsibility for the choices regarding the above remains solely with the customer.

1) Contractual relationship between the parties

1.1

The Customer agrees to purchase and Keliweb agrees to provide the Services specified and described in the Accepted Order, according to the terms contained in the Specific Terms and Conditions of Service, as well as in the General Terms and Conditions.

1.2

The Customer accepts and agrees that the only right to use plants, infrastructures and Services is that of use during the provision of the Housing service.

1.3

The Customer will not acquire any title inherent or pertinent to any part of the network, plants or equipment owned by Keliweb or used by Keliweb to offer the Services.

1.4

The Contract is finalized on the date of the correct and timely receipt by Keliweb of the Order Form, completed and accepted by the Customer in its entirety together with the payment of the consideration for the Service. Sending the Order Form implies the Customer's full acceptance of the Conditions. It is understood, in any case, that the use of the Services by the Customer attests to the acceptance of all the contractual conditions.

1.5

The Customer is responsible for the truthfulness of the information provided and recognizes Keliweb's right to take on any further information for the purpose of activating the Services, in compliance with current legislation.

1.6

The Services are activated in compliance with the times made necessary by the availability of hardware resources and, in any case, in the shortest possible time. It is understood that the terms for the activation of the Services, possibly proposed, must be considered merely indicative. The Customer is required to perform any services placed against him for the purpose of activating the Services (by way of example and without limitation, in the event that the Customer has ordered the Housing service, he will have to provide at his own expense to Keliweb the server to be placed inside the Data Center); any delays due to Customer inertia will not be attributable to Keliweb. In any case, the Customer will be informed of any delays in activating the Services.

1.7

It is expressly understood that Keliweb does not control or supervise the behaviors or acts carried out by the Customer through the Infrastructure or does not control or supervise the information and / or data and / or content entered by the Customer or by his agents and / or collaborators in the Infrastructure itself; in any case, Keliweb is and remains unrelated to the activities that the Customer carries out in full autonomy by accessing remotely via the internet via the Infrastructure access Credentials. In any case, once the Customer has accessed the Services, he is the only owner, pursuant to Legislative Decree 196/03 and European Regulation no. 679/2016, of the processing of any data entered and / or processed in this Infrastructure for the duration of the Contract.

2) Suspension of services and right to terminate the contract

2.1

Keliweb reserves the right to immediately suspend, entirely or in part, the supply of the Services and possibly to disconnect, interrupt or block online access and / or remove the Customer's equipment, data or cables from its network , from its systems and / or equipment in the following cases:

1. in the event of late payment pursuant to art. 7 except for the exceptions provided therein;
2. in the event of a request from the government or supervisory authority, to comply with a change in the legal requirements or to fulfill an order from the judicial authority;
3. in the event that the quality and availability of the services provided by Keliweb to other customers suffer or threaten to suffer negative effects due to problems referable in any way and for any reason, directly or indirectly, to the customer's IT systems;
4. in the event that the health of people suffers or threatens to suffer negative effects due to the conduct of the Customer, its customers, associates or sub-contractors, its system or its cables or deriving from its system or its cables;
5. if the conduct of the Customer or its customers, associates or subcontractors, produces or threatens to produce negative effects on the quality and availability of the services provided by Keliweb to other customers or exposes or can expose Keliweb or its associates or subcontractors to civil cases o penalties, requests for compensation and / or compensation for damages;
6. the Customer defaults or violates even one of the provisions contained in the Contract;
7. the Customer fails to meet Keliweb's requests, in whole or in part, and in any case his behavior is such as to generate the founded and reasonable fear that he will default on the Contract or be responsible for one or more violations of its provisions;
8. there are good reasons to believe that the Services are used by unauthorized third parties;
9. cases of force majeure or circumstances occur which, at Keliweb's unquestionable judgment, require emergency operations or related to the resolution of security problems, danger to the entire network and / or to people or things; in this case, the Services will be restored when Keliweb, in its discretion, has assessed that the causes that led to its suspension / interruption have actually been removed or eliminated;
10. the Customer is involved, for any reason, in any judicial or even out-of-court dispute of a civil, criminal or administrative nature and in any case in the event that said dispute concerns acts and conduct carried out through the Services and / or the Infrastructure;
11. justified reasons of security and / or guarantee of confidentiality;
12. the Customer uses defective or unapproved equipment, or that presents malfunctions that could damage the integrity of the network and / or disturb the Services and / or create risks for the physical safety of people and things.

In any case of suspension of the Services attributable to the Customer, Keliweb's possible action for compensation for damage remains unaffected.
During the suspension of the Services, for any due cause, the Customer will not have access to data and/or information and/or content entered by the same and / or processed in the infrastructure.

2.2

The Services will be restored within the business day following the end of the causes that led to the suspension.

2.3

In the case of suspension of the service for the reasons referred to in lett. b), d), e) of the previous point 2.1, Keliweb reserves the right to permanently cease the supply of the Services by giving written notice to the Customer of the termination of the contract with thirty (30) days notice.

2.4

In the event of suspension of the service for the reasons referred to in lett. c) if, despite the measures adopted by Keliweb and the Customer, the situation continues or reoccurs within a short period, Keliweb reserves the right to permanently cease the supply of the Services by giving written notice to the Customer of the termination of the contract with thirty (30) days notice.

3) Payment and waiver of the right to oppose exceptions

3.1

Unless otherwise stipulated in writing, the following principles apply to invoicing:
One-off contributions will be invoiced on the Service Start Date;
Recurring fees will be invoiced monthly in advance, starting from the Service Start Date;
The costs dependent on the use and the costs based on times and prices of materials will be billed in arrears;

3.2

The amount charged on the invoice will be increased by VAT and any other legal charges. Keliweb will send all the invoices and / or communications to the Customer to the postal address indicated by the Customer.

3.3

In the event that the delay in the release of the service is attributable to the Customer's responsibility, Keliweb reserves the right to invoice from the day on which the service would have been released if said delay had not occurred.

3.4

The Customer is required to pay the invoice by the due date in the way indicated in the Order signed by the Customer.

3.5

Payment cannot be delayed or suspended for any reason, with the express waiver by the Customer of any exception including those provided for by art. 1460 of the Italian Civil Code

3.6

The Customer undertakes to communicate within thirty days, via pec to the address support@kelipec.it, any dispute over billing which, failing that, will be deemed accepted; any change of address for sending the accounting documents.

3.7

It is the express and exclusive charge of the Customer to pay the price for the renewal of the Services on time in order to be able to guarantee continuity.

4) Effects of the delayed or non-payment and faculty to terminate the contract

4.1

Furthermore, in the event of delayed or non-payment of the amounts due, the following procedure will apply:

• First delay in payment. After 30 days from the due date of the invoice, Keliweb will send a written reminder to the Customer, via e-mail or pec. The Customer will have 15 days to make the payment, after which Keliweb reserves the right to suspend the service upon communication by e-mail or fax to the Customer.
• Subsequent delays in payment. If the Customer has paid with a delay of more than 30 days each, two of the last six invoices, even if not consecutive, Keliweb reserves the right to suspend the service, subject to communication by e-mail or pec, on the day immediately following that of the due date of the last invoice.

4.2

The customer must pay all invoices due for the suspension period.

4.3

The Customer will not be able to raise any objections of any kind if he has not previously made the correct payments required by the Contract and provided the relative documentation.

5) Limitation of responsibility

Keliweb will not be responsible when the delay in the supply or the degradation of the service:

• they depend on actions or omissions of the Customer, his employees or third parties hired by the Customer, and / or his customers.
• they cannot be resolved and / or eliminated because the Customer refuses access to his own.
• occur during periods of scheduled maintenance or in any case communicated in advance;
• are due to force majeure events as per article 6 below.
• are the result of a suspension of the Service pursuant to article 2.

5.1

Without prejudice to the forecasts indicated shortly before, Keliweb will not be liable for any loss, damage or expense, including, without limitation, loss of profit, revenue, start-up, management time or expected savings or any form of indirect or emerging damage. damage of any kind to property and / or persons, which derive from the failure to fulfill one's contractual obligations and / or from any conduct connected to these results and / or which are due or connected to any lack of availability, delay, interruption, upheaval or degradation in the Services or Services, as well as loss, destruction or degradation of information.

5.2

In any case, any other compensation to the Customer for direct or indirect damages of any nature and species is expressly excluded, now for then; Keliweb will not be required to pay any compensation to the Customer and will not be liable for any damage, direct or indirect, of any nature and species; in any case, even in this case, the maximum sum that Keliweb may be called upon to pay to the Customer must not be greater than that paid by the Customer in the last 12 months for the Services covered by this Contract and for the part of Infrastructure affected by the harmful event.

5.3

Keliweb does not make any specific backup of the data and / or information and / or content processed by the Customer in the Infrastructure. Keliweb in any case does not offer any guarantee regarding the use of the Services as regards the protection and conservation of the aforementioned data and / or information and / or content.

6) Force Majeure

Keliweb will not be responsible for the non-execution of any of its obligations under the terms of any Accepted Order if such failure is caused or derives from an event of force majeure without limitation whatsoever, including the following examples (provided that these events are not were caused or made possible by Keliweb's negligence): fire, flood, strike, cable or fiber cuts (the negative results of which could not have been reasonably prevented by redundancy), lightning, strikes, civil riot, government or government deeds military authorities, changes in legal provisions, terrorism, causes of force majeure, and prolonged periods of general interruption of electricity.
Keliweb must, as soon as reasonably possible, communicate to the Customer the event of force majeure and an estimate relating to the extent and duration of its inability to fulfill its obligations.
If a force majeure event occur, Keliweb will make every reasonable effort to minimize its effects.

7) Applicable law and jurisdiction

7.1

The law applicable to this contract and its annexes is Italian law.

7.2

The Judicial Authority of the Court of Cosenza will be competent to know of any and all disputes relating to the execution, the effective interpretation and / or termination of this contract, with the express exclusion of the Judicial Authority of any other possibly alternative or concurrent Court.

8) Service levels: Power and Network

These service levels apply to the power supply and Internet connectivity provided by Keliweb.
Connectivity - 99.85%
Electricity - 100%
Maintenance windows are excluded from the calculation for the availability of the Internet connection. The service level on IP connectivity is valid only when the network cables are provided by Keliweb.
Available when the annual availability without interruption is less than the expected guarantee.
The duration of the interruption is understood as cumulative, that is, as the sum of the interruptions that occurred during the year.
The compensation is applicable only to the portion of the fee relating to the elements affected by the interruption and does not extend to the entire service fee.
Cumulative interruption duration
Compensation [% Monthly fee]
From 1 to 4 hours - 10%
From 4 to 8 hours - 15%
From 8 to 24 hours - 20%
More than 24 hours - 30%

9) Levels of Assistance

The Customer is required to promptly notify Keliweb of any irregularities or malfunctions detected by the same in the Services.
On Housing and Colocation solutions, Keliweb provides only the space where to host the servers (Entire Rack Cabinets or parts of it), connectivity, Dedicated IPs and Electrical Power.
The Customer may install and use his own equipment (Customer Equipment) in the Keliweb DC2 Data Center for the purpose of using telecommunication services or other IT services provided by Keliweb.
The Customer's right to receive Data Center services does not imply any other right or title on the part of the Customer on any equipment or part of the host building.
The supply, maintenance, care and control of the Customer's Equipment and of the installed applications are the sole responsibility of the Customer except for the case in which they are supplied for hire by Keliweb. In this case, maintenance, care and control of the equipment and applications are regulated in the Offer as well as any other aspect of the rental contract.
Keliweb provides a team of specialists available to work on the hardware of the machines hosted in the Datacenter with the following rate:
€ 59.00 + VAT / hour for those scheduled at office hours
€ 99.00 + VAT / hour for those scheduled outside office hours
€ 89.00 + VAT / hour for extraordinary interventions office hours
€ 159.00 + VAT / hour for extraordinary interventions outside office hours

10) Use of services

Except in cases where it is explicitly provided for by the options and characteristics of the service, the Customer and the Customer Representatives will not be able to make any structural changes to the Data Center Area.
Data Center services are provided through standard equipment, cables and infrastructures, as designed, decided or accepted by Keliweb.
The access to the Data Center by the Customer will be exclusively reserved to trusted people, communicated at the preliminary stage via the Ticket System at least 8 hours before and will require identification through an identification document.
Keliweb will have the right to access the Data Center Area to inspect the Customer's Equipment.
While using the services, the Customer authorizes Keliweb to video / photographic footage of the Data Center Area and Customer Equipment for both control and promotional purposes of the Data Center services, for the exclusive use of Keliweb for its publications, on its website, in print or other electronic medium. As for publication in other media, the prior approval of the Customer will always be required.

11) Customer liability and indemnity

1. The Customer is responsible for all actions of the Customer Representatives present within the Data Center and relieves Keliweb of any responsibility for damage caused to third party properties. The Customer will also compensate for any damage caused to the properties of Keliweb and third parties.
2. In the event that the Customer's Referrals may constitute a possible risk for Keliweb in the correct operation of the Data Center, Keliweb may revoke the right of access to the Data Center or request the Customer's Referrals to move away from it.
3. In the event that Keliweb suspends the service, pursuant to the provisions of this contract, following acts or omissions of the Customer, all the rights of access of the Customer and the Customer's Referents to the Data Center will be suspended and the Customer's Equipment will be kept until the Customer has remedied the cause of suspension.
4. The Customer is obliged to independently ensure the Customer's Equipment and the Customer's Referrals against all the damages that these can cause to third parties within the Data Center, as well as for the damages that may arise to the Customer for possible damage or destruction of the equipment itself, including indirect ones dependent on their consequent non-use. The Customer therefore releases Keliweb from any liability of any kind and amount for the aforementioned hypothetical damages or events that may occur within the Data Center and from any liability for losses, damages or expenses, including, without limitation, loss of profit , revenues, commercial goodwill, management time or expected savings or any form of indirect or emerging damage, damage of any kind to property and / or people and / or degradation of information.
5. any loss or damage to any property, or personal injury or death of any person, due to a voluntary act or omission of the Customer, his employees, sub-contractors or agents.

11.1

The Customer undertakes to defend, indemnify and hold Keliweb, its employees, subcontractors, agents and associates harmless, from any and all liability, costs and expenses, including reasonable legal fees, related to or due to:

• any default by the Customer;
• use of the service or placement or transmission on the Internet of any material by the Customer, its associates and third parties used by the Customer;
• acts or omissions of the Customer (or third parties used by the Customer) in connection with the installation, maintenance, presence, use or removal of equipment or software;
• any claim from third parties that in any case derives from the services that will be provided by the Customer to third parties;
• actions for violation of any property rights belonging to third parties, including copyrights, patents, trade secrets and trademarks, caused by the use of any service, equipment and software not supplied by Keliweb or by the incorrect use of services, equipment o software provided by Keliweb;
• any loss or damage to any property, or personal injury or death of any person, due to a voluntary act or omission of the Customer, his employees, sub-contractors or agents.

The customer also guarantees pursuant to art. 46 Presidential Decree 445/2000 and as amended that the data and information transmitted to the Suppliers for the purpose of concluding the Contract are true, correct and such as to allow its identification, and undertakes to communicate any variation of the same to the Suppliers, including the e-mail address indicated in the Order Form. Suppliers reserve the right to verify such data and / or information by requesting additional documents that the Customer undertakes, now and then, to transmit. If the Customer, at the time of identification has, even through the use of untrue personal documents, concealed his real identity or falsely declared to be another subject, or in any case, acted in such a way as to compromise the identification process He takes acknowledges and agrees that it will be held, even criminally, responsible for false declarations and / or the use of false documentation and will also be considered solely responsible for all damages suffered by suppliers and / or third parties by the inaccuracy and / or falsity of the information communicated, assuming from now on the obligation to indemnify and hold harmless the Suppliers from any possible claim, action and / or request for compensation or damages that may be advanced by anyone against them.

11.2

The Customer acknowledges that the internet is not controlled by Keliweb and that due to the particular structure of the network itself, its performance and functionality cannot be guaranteed or the contents of the information transmitted by it cannot be controlled. For this reason, no responsibility can be attributed to Keliweb for the transmission or reception of illegal information of any nature and species.

11.3

The Customer declares to possess all the technical knowledge necessary to ensure the correct use, administration and management of the Infrastructure and in any case recognizes and acknowledges that the processing of data and / or information and / or content that he has put in place in the aforementioned Infrastructure and their consequent diffusion in the Internet through the same Infrastructure are carried out exclusively at his risk and under his responsibility.

11.4

The Customer also declares to be the only and exclusive administrator of the Infrastructure and as such declares to be the only responsible at his own risk, for the management of data and / or information and / or contents processed by him in the Infrastructure, their safety and their rescue and the fulfillment of any other activity deemed useful or necessary to guarantee its integrity, committing itself, by effect, to apply, at its care and expense, suitable and adequate security measures; as well as the content of information, sounds, texts, images, form elements and data accessible and / or made available in the infrastructure and in any case, for any reason, transmitted, disseminated or put online by the Customer; as well as malfunctions of the Services for any use that does not comply with the conditions of use of the Keliweb Services and the loss or disclosure of the Access Credentials.

11.5

The Customer undertakes to promptly inform Keliweb of any unauthorized use of his access credentials or of any other breach of security.

11.6

The Customer declares that he is in compliance with the licenses of the software independently inserted and used in the infrastructure and assumes the related costs.

11.7

The Customer declares to be aware of the existing legislation on the processing of data relating to telematic traffic and of the legal obligations existing at its sole charge regarding the operations for storing such data and showing them to the competent Authorities.

11.8

The Customer undertakes, for now, to keep Keliweb harmless and indemnify him from any and all third party requests or claims for damages caused to them by or through the use of the Services. The customer will have to bear all costs, compensation for damages and charges, including any legal fees, that may arise from these liability actions and undertakes to inform Keliweb if such action should be brought against him.

12) Duration of the contract and tacit renewal

12.1 Service Start Date

The use of the services starts from the activation date. The Service Start Date corresponds to the date on which one of the components of the service is issued to the Customer, who can use it.

12.2 Term and tacit renewal

The Contract lasts from acceptance of the Order until the end of the period indicated in the offer, calculated from the Service Start Date. Upon expiration date, it will be renewed tacitly for the period indicated in the offer, unless a notice of termination is to be sent by one of the parties within 60 (sixty) days from the expiry date. The customer's cancellation must be sent by certified e-mail to the address support@kelipec.it.
At the time of renewal, the price list and other contractual conditions in force will apply.

12.3

The Customer acknowledges and agrees that it is his sole responsibility to obtain and keep a copy of the data and/or information and/or content processed through the Service(s), understood that once the Contract is terminated or the Service has expired, such data and / or information and / or contents may no longer be recoverable. In any case, the Customer relieves Keliweb, from now on, from any and all responsibility for any loss or total or partial damage to data and/or information and/or content entered and / or processed by the Customer through the Service/s.

12.4 Removal, sale or scrapping of the infrastructure

The Customer must collect the Customer's Equipment at his own expense together with any other material owned by him within five working days from the term of effectiveness of this contract. If the Customer does not collect the material within the aforementioned term, the same authorizes Keliweb to uninstall the Equipment from the Data Center. Furthermore, if the Customer does not withdraw the Customer's Equipment within three months following the end of the contract and does not provide precise indications on the matter, Keliweb is authorized to sell the Customer's Equipment, retaining the proceeds as compensation for failure to collect them, or to scrap them without any other right for the Customer. The Customer now relieves Keliweb of any responsibility for the aforementioned equipment and for the cancellation or loss of the data contained therein as a result of the non-collection of the same within the period indicated above.

13) Final dispositions

13.1

All communications to the Customer relating to this contractual relationship may be made by Keliweb indiscriminately by hand, via certified and non-certified e-mail, by registered letter with return receipt, ordinary mail or by fax to the addresses and / or addresses indicated by Customer in the Order Form and, consequently, the same will be considered known by them. Any changes in the Customer's addresses and contact details including the e-mail address indicated in the Order Form not communicated to Keliweb in the way required by the Contract will not be opposed to it. Except for the cases specifically provided for in the Contract, all communications that the Customer intends to send to Keliweb relating to the Contract, including requests for assistance, must be sent to the following addresses: Keliweb, Via Mario Cozza, 7 - 87036 Rende (CS) or via Pec to support@kelipec.it.

13.2

Any eventual total or partial ineffectiveness and/or invalidity of one or more clauses of the Contract will not result in the invalidity of the others, which must be considered fully valid and effective.

13.3

The relationships between Keliweb and the Customer established in the Contract cannot be understood as relations of mandate, representation, collaboration or association or other similar or equivalent contractual forms.

13.4

The Customer undertakes not to transfer the Contract to third parties without prior written authorization from Keliweb.

14) Complaints

Any complaints regarding the provision of the Services must be sent to:
Keliweb, Via Mario Cozza, 7 - 87036 Rende (CS) by registered letter with return receipt, or sent by ticket from the Keliweb assistance service no later than 7 (seven) days from the moment in which the complaint occurs. Keliweb will examine the complaint and provide a written response within 30 (thirty) days of receiving it. In the case of complaints for facts of particular complexity, which do not allow a complete answer in the above terms, Keliweb will inform the Customer within the aforementioned terms on the progress of the practice.

15) Appointment of data processor.

15.1

As a result of the completion of this contract, pursuant to the provisions of EU Regulation 2016/679 and the current legislation on the matter, the Customer, as Owner of the personal data processed by them through the Service chosen from among those covered by these Conditions in addition to that for the Hosting service regulated here and to other services that expressly request it, appoints Keliweb as Head of the processing of personal data, with a detailed description of the tasks and charges to be fulfilled by virtue of this role, for the entire duration of the contract signed between the parties and possibly beyond the deadline. As a result of the aforementioned appointment, Keliweb will be authorized to process the personal data of which the Customer is the Owner, within the limit of the activities provided for by the aforementioned contract. Keliweb reserves the right to carry out any activity aimed at ensuring compliance with the relevant provisions in force and the task of managing, supervising and organizing all operations concerning the processing of personal data provided by the Customer/Owner, for the purpose of the correct execution of the activities subject to contract. In compliance with the provisions of the Privacy Code and EU Regulation no. 679/2016, it should be noted that Keliweb will be required to:

1. Treat the personal data provided by the Customer / Owner only for the purpose of providing the Services agreed by contract, using the technical and organizational measures provided for in the same contract and in the documents referred to therein. In the event that the Customer / Owner needs a different treatment than that indicated above or with specific exceptions with respect to article 32 of EU Regulation no. 679/2016, must first express its will and describe the measures it wishes to be guaranteed, which will subsequently be assessed and, if applicable, presented with a specific offer.
2. Ensure that the staff responsible for the processing of personal data is bound by a confidentiality obligation.
3. Take all the measures required pursuant to article 32 of EU Regulation no. 679/2016;
4. Respect the conditions set out in paragraphs 2 and 4 of article 32 of EU Regulation no. 679/2016 in order not to resort to a new Personal Data Processing Manager unless prior authorization from the Customer / Owner. In the event that Keliweb is authorized to resort to this eventuality, it shall impose the same obligations on this Manager as it has underwritten;
5. Assist the Customer / Owner of the processing of personal data with appropriate technical and organizational measures, if possible, in order to guarantee compliance with the rights of the interested party;
6. Assist the Customer / Data Controller in respecting the obligations
7. Delete or return all personal data provided by the Customer / Owner following the end of the provision of the services provided for in the contract.
8. Make available to the Customer / Owner all the necessary information regarding the obligations that Keliweb will be required to comply with the Customer / Owner himself, offering him the possibility of verification after agreement on the times and methods of implementation of this procedure, which will not with the confidentiality obligations assumed by Keliweb. The costs of this verification will be entirely borne by the Customer / Owner. In the event that Keliweb makes use of the collaboration of third parties for the activities described above, it will be his concern to provide for the erudition of these subjects regarding compliance with the rules prescribed by the Privacy Code and by EU Regulation no. 679/2016. Keliweb manages the processing of personal data by following all the instructions above, implementing every technical specification prescribed within the Privacy Code and EU Regulation no. 679/2016, taking into account the security requirements established for the provision of services. In the event of anomalous situations, the suppliers of the aforementioned services will be required to promptly inform the Customer / Owner.
   The services provided by Keliweb, compatibly with the technical specifications of the same, allow the Data Controller to process the data according to the timescales and methods set by him and managed independently, without prejudice to the applicable legal provisions.
   The scope of the appointment to Keliweb relates only to the processing of personal data entered and/or transmitted autonomously by the Data Controller through the chosen Service and/or within the same, and in any case in compliance with the purposes aimed at its correct provision by Keliweb and in accordance with the applicable legislation from time to time in force. It is understood that, pursuant to and for the purposes of Legislative Decree 70/2003, Keliweb, in the provision of the Services, is not responsible for the information stored at the request of the Owner nor is it subject to a general obligation of surveillance over the information it transmits or memorizes, nor to a general obligation to actively search for facts or circumstances that indicate the presence of illegal activities.

15.2 Duration of the appointment

This appointment as Data Processor and the related clauses have a duration equal to that of the Contract stipulated between the Owner and Keliweb in relation to the chosen Service. The appointment and this deed will automatically cease to have effect in the event of termination, withdrawal or loss of effectiveness of the Contract, except for the time necessary to allow the Data Controller to recover personal data where contractually agreed between the parties. Likewise, in case of tacit renewal of the Contract, the appointment as Data Processor will be considered automatically renewed for a duration equal to the contractual one.

15.3 Obligations and rights

As a result of this appointment, Keliweb is exclusively authorized to process personal data to the extent and within the limits necessary for the execution of the activities assigned to it. Keliweb has the power to perform all the necessary activities to ensure compliance with current provisions on the matter as well as the task of organizing, managing and supervising all the personal data processing operations communicated to it by the Data Controllers for the purpose of carrying out the activities covered by the Selected service.

Acceptance of terms of service relating to the "Housing" category

Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the Customer, after taking careful and specific knowledge and vision, approves and expressly accepts the following clauses:

• 2. Suspension of services and right to terminate the contract
• 3. Payment
• 4. Effects of the delayed or non-payment and right to terminate the contract
• 5. Limitation of liability
• 6. Force majeure
• 7. Applicable law and jurisdiction
• 9. Levels of Assistance
• 11. Customer liability and indemnity
• 12. Contract term and tacit renewal
• 13. Final provisions and communications.

Previous version dated 02/29/2024

View in digital format
(Previous version dated 02/29/2024)

The following terms and conditions apply to participation in the Affiliate program offered by Keliweb, which allows the Affiliate to promote the services of the same and to receive commissions as set out in these conditions.

1) Participation in the Affiliate Program

Joining the Program requires the completion of a registration form for affiliates available on the Keliweb.it website, which will be examined by keliweb.
The request may be rejected by Keliweb in the event of confirmation by the latter of reasons impeding acceptance.

2) Responsibilities of the Affiliate

The Affiliate undertakes to:

• provide all the complete and accurate informations required to activate the account and keep these informations constantly updated; failure to provide accurate information could lead to the exclusion from the Program, the suspension or interruption of the Affiliate Account and the loss of earned commissions;
• act in good faith by presenting clients in good standing, who will have provided truthful contact informations and will not have been reported as a high risk of fraud;
• not to participate in programs with incentives or other commercial opportunities that use practices that are considered ethically incorrect or capable of attracting customers who are not in good standing;
• not to use and recommend not to use third-party material protected by copyright without the license foreseen;
• not to copy, alter or modify icons, buttons, banners, graphics, files and contents present on the Keliweb links without prior written approval;
• not to violate any law of the Italian state;
• make known the affiliation with Keliweb.

In the event of violation of the aforementioned obligations, Keliweb reserves the right to suspend or terminate the affiliate account by canceling all pending commissions still due.

3) Affiliate advertising

At the end of the contract, with the termination of the affiliate account, the limited and non-exclusive license to access and download the promotional material will be automatically revoked.
The revocation of the license, with suspension or termination of the affiliation (with the relative cancellation of all pending commissions still to be paid), will also occur in the event of: use of any illegal method or advertising spam, such as unsolicited emails, unauthorized publication of links in forums, newsgroups, announcement boards, etc .; use of non-original content that infringes copyright; offer of cashback, rewards or other kind of incentives to make the sale without prior consent; offer discounted prices, including coupons, vouchers, discount codes or other value-added offers without prior consent; use of promotional and advertising material, of the Keliweb brand or name to the detriment of the latter's image; use of obscene, illegal or pornographic material, or any other type of material of a questionable nature, such as bigotry, hatred, pornography, Satanism, copyrighted material containing trademarks, adult content, etc. Keliweb reserves the exclusive right to establish whether a promotional method is to be considered suitable.

4) Affiliate tracking cookies

Affiliate sales are tracked through the use of cookies, stored on the user's browser which clicks on the affiliate link to reach our site. Each cookie is saved for 30 days. If an affiliate cookie is already present in the browser of the same user, it will be overwritten by the new one. If the same user lands on www.keliweb.it from a promotional campaign created directly by Keliweb, the cookie will be overwritten by the new cookie. Keliweb is not responsible for cookies intentionally deleted by users.

5) Affiliate commissions

A commission will be paid for each actual sale or in the following cases:

• at the time of the order, the customer had an active cookie that indicated the Keliweb Affiliate as the last Affiliate from which it was addressed on the Keliweb website;
• the Affiliate account must be active at the time of sale. No commission will be assigned for the period prior to enrollment in the Affiliate Program;
• the presented customer has never used the Keliweb services or signed an affiliate account with Keliweb previously;
• the presented customer has kept his account active, with the domain name pointed to one of our servers and a website that provides for the uploading of the contents for the minimum period specified as follows:
  • more than 30 days for accounts initially ordered with a billing term greater than one month;
  • more than 90 days for accounts initially ordered with a billing term of one month.
• Sales of hosting accounts canceled by the customer or suspended by Keliweb for any reason will not be counted as affiliate commissions.
• The payment for the first order and any customer renewal payment service presented will be completely processed and will not be subject to reimbursement or charge back.

Subject to the right to consider any sale as invalid at our discretion, without providing any explanation or justification.

6) Payment of commissions

Any commission earned and related to sales considered valid will be paid after a period of 30 days.
Commissions will be paid via PayPal or Bank Transfer.
The Affiliate undertakes to update the informations, including postal address and email address, name, payment details, tax information and any other personal data that may affect the outcome of the commission payment, which will be suspended in the absence of the missing data. Suspended commissions may be requested within 6 months of the originally scheduled date.
Payment of commissions may be suspended at any time, in the event of suspected fraud, improper activity or potential breach of this Agreement by the Affiliate or by one of the clients presented by the latter.
Keliweb reserves the right to deduct from the present and future commissions one or more commissions already paid for sales considered fraudulent, questionable or canceled. If there is no commission at the time or in the future, an invoice will be sent to the balance of the amount due at the closure of the client's program or account presented.

7) Billing

The Affiliate will find a report of the fees due in the Affiliate Area. He must then proceed with the issue of a receipt and / or invoice of the amount earned. In the case of private individuals, 20% will be deducted as a withholding tax from the total amount requested.

8) Relations between the parties

Both Keliweb and the Affiliate accept the stipulation of this Agreement as independent parties, and nothing within it can be considered as a form of partnership, franchise, sales representatives or relationship between employee and employee between them.

9) Termination of the account

The Affiliate may cancel or close the account at any time from his Affiliate Area, which will be followed by a written confirmation when the account is interrupted. Keliweb may terminate an Affiliate's account:

• with a seven-day notice with no other explanation;
• immediately without notice, in the event of violations as indicated in the previous articles (with loss of accrued commissions);
• immediately without notice, if no sales have been generated for a period exceeding 6 months.

Once the Affiliate's account is suspended, there will be no longer track of the sales associated with it and will no longer be entitled to other affiliate commissions in the future. As the Affiliate Account is terminated, the Affiliate must remove all promotional material, trademarks, links, logos and slogans from his website within 3 working days. At the end of this Agreement, the Affiliate will no longer have the right to use the Keliweb trademarks, and must refrain from any action that could directly or indirectly affect the image and its reputation or business relationships with current and potential customers. Upon termination of the affiliate account, this Agreement will be automatically terminated.

10) Limitation of liability

The Affiliate acknowledges and accepts that under no circumstances may Keliweb be held liable for any indirect, accidental, exceptional, consequential or punitive damages of any nature, including but not limited to lost profits, cost savings, revenues, business, data or use, or other pecuniary loss to be borne by the Affiliate or third parties.

11) Applicable law

This contract is governed by Italian law. The parties agree that any dispute relating to the validity, effectiveness, interpretation and execution of this deed and, in any case, any dispute connected with the subject of the same, with no exceptions, will be devolved to the Court of Cosenza.

12) Changes to the Affiliate Program Terms

Keliweb reserves the right to modify these Terms of Service, and any regulations or provisions associated with it, at any time. These changes will be effective with their publication on the Keliweb.it website. If the changes are not accepted, the Affiliate will have 10 working days to close the account from the date of the change.

Previous version dated 02/29/2024

View in digital format
(Previous version dated 02/29/2024)

1) General Conditions

1.1

These General conditions, the technical / economic offer (s) presented on the specific section of the website https://www.keliweb.it/fatturazione-elettronica.php and all the attachments form and integral and substantial part, (hereinafter jointly the "Contract"), have as their object the supply by Keliweb of electronic invoicing and data processing in general (hereinafter the "Service"), with the technical characteristics, type, methods and limitations reported in the Order Form, under the conditions specified below, against payment by the customer (hereinafter the "Customer") of what was agreed in the offer presented on the website www.keliweb.it.

1.2

With this agreement, the parties regulate the terms, methods and conditions with which Keliweb provides the Customer with the services described below:

• 'electronic invoice' means the invoice-type document compliant with the technical rules relating to IT solutions to be used for issuing the invoices referred to in article 1, paragraph 213, letter b), of the law of 24 December 2007, no. . 244. in a structured format in compliance with the provisions of Annex A to Ministerial Decree 55 of 3 April 2013;
• with 'SdI' (Exchange System), we mean the structure established by the Ministry of Economy and Finance through which the electronic invoices are transmitted to the Administration (Article 1, paragraph 211, Law 24 December 2007 n .244);
• 'Customer' means the subject, natural or legal person, who has requested Keliweb to carry out the activities and perform the Service;
• with 'Attachments' we mean the documents which detail the activities and the relative operating methods, technical execution of the Service;
• 'Manager' means the person in charge of the execution of the Service;
• Manual' means the Service Manual. The Manual describes the specific activities and procedures relating to the Service;
• 'User Name' means the identification name chosen by the Customer when registering for the Service, corresponding to the e-mail address of which the Customer declares to have exclusive ownership, access and control, and that allows to establish, unequivocally, the traceability to the Customer of the operations carried out in the context of the use of the Service;
• 'Access Credentials' means the set of information: Username, Password, any One Time Password (OTP) code, chosen and used by the Customer to register for the Service and to use it.

2) Methods of provision of Services and Assistance

2.1 Means of information and communication

For communications, the Customer must make use of the information and communication means made available by Keliweb in his customer area, and of the e-mail efattura@keliweb.it (for assistance services);

2.2 Delivery of data and communications relating to processing

For the purposes of the Service, the Customer carries out the following activities at his own expense, as described in the Manual:

• Creation of data flows;
• Sending the data flows;
• Checks on data flows;
• Consultation of the return receipts from SdI;
• Consultation and Exhibition of Documents.

The data can be sent via the online or uploading procedure, which can be performed within the prepared area. Keliweb will only accept the Data in the manner described in the previous paragraphs. For each data delivery made by the Customer in the manner referred to in the preceding paragraph, Keliweb will make available to the Customer, in the manner provided for by the service and described in the Manual, one or more notifications containing the outcome of the operation. In the event of a negative outcome, the Customer is required to make the changes highlighted in the relevant notification and independently repeat the data submission. Keliweb assumes no responsibility for verifying the correspondence between the number of flows sent and the processing reports received.

2.3 Technical assistance and Service Level Agreement (SLA)

The technical assistance provided by Keliweb is provided exclusively on time and in the manner indicated on the website www.keliweb.it/sla.php. In any case, the Customer is required to communicate to Keliweb, as previously indicated, any irregularities or malfunctions detected by the same in relation to each service. In order to identify the SLA relating to the specific assistance services provided by Keliweb, the following are the service levels that Keliweb guarantees in the provision of services and for the execution of the activities entrusted:

Keliweb prepares and sends to the Customer, on an annual basis, specific reports on the services, which summarize

• time of service availability (in% of the total solar time of theoretical availability);
• number of critical incidents managed;
• number of NCs detected;
• number of complaints received.

2.4 Suspension of the Service

Without prejudice to legal obligations, Keliweb may temporarily suspend the Service to proceed with the maintenance of systems and other equipment necessary for the execution of the Service, notifying the Customer, with a notice of 1 (one) day.
Keliweb may suspend the Service even in the event of a violation by the Customer of the obligations placed on it according to the provisions of the Service Manual, by notifying the same by e-mail, without prejudice to any possible recourse against the person in charge violations.

In the event that the execution of the Service is delayed, impeded or hindered by causes of force majeure and / or in any case not attributable to Keliweb, the execution itself will be considered suspended for a period equivalent to the duration of the cause of force majeure.

By 'Force Majeure' we mean any circumstance beyond the reasonable control of Keliweb and, therefore, by way of example and not exhaustively, it refers to: acts of public authorities, wars, revolutions, uprisings or civil unrest, strikes, lockouts or other labor disputes, blockades or embargoes, interruptions in the supply of electricity, floods, natural disasters, epidemics and other circumstances beyond the control of Keliweb.

2.5 Help-desk service

The Customer can receive from Keliweb all the technical information relating to both the assistance services and the Data processing services, by contacting the dedicated help-desk service as indicated on the page https://www.keliweb.it/contatti.php

3) Electronic Invoicing Service to PA and B2B

3.1

The Customer, under the conditions described in the offer on the site https://www.keliweb.it/fatturazione-elettronica.php at the time of subscription, entrusts Keliweb with the role of "Intermediary" to provide for the preparation, subscription, forwarding to the Exchange System (SDI).

3.2

Keliweb, for the purposes of the Service, carries out for the Customer, as specified in the Manual and in accordance with the service requested by the Customer, one or more of the following activities:

• Import of Customer Documents of the electronic invoice type;
• affixing the digital signature to the Documents received, where required by law;
• sending the signed Documents to SdI;
• receipt from SdI of electronic invoices for the Customer;
• management of SdI notifications;
• digital archiving of the documents handled;
• exhibition of the Documents.

4) Economic conditions and activation costs

4.1

The activation and use costs of the Services covered by the Contract are detailed in the offer on the website www.keliweb.it.

4.2

Any additional costs for processing that are not part of this agreement and previously agreed between the Customer and Keliweb, via email or ticket, will be invoiced, in advance, by Keliweb.

4.3

The activation and use costs may be changed at the end of the initial duration of the agreement, pursuant to Article 6 (hereinafter "Duration"), and of any subsequent renewal, upon prior written notice to be communicated to the Customer, by e-mail, registered letter or certified e-mail, at least 30 days before the deadline.

4.4

In the event of an increase in the fees, the Customer will have the right to cancel it by e-mail, registered letter or by PEC to be sent to Keliweb within 30 days following receipt of the communication of the aforementioned increase, and effective at the expiry of the Duration period.

4.5

The annual fees due from time to time by the Customer will be invoiced by Keliweb, in advance, in a single solution, upon acceptance of the Contract and, subsequently, on the first working day of any subsequent renewal.

5) Duration

5.1

This Agreement and each Service covered by the Agreement itself will have a duration until 31.12 of the year in which the Service is activated, unless otherwise indicated in the offer (s) on the Keliweb.it website, tacitly renewed for a calendar year at each expiration.

5.2

Any refusal of renewal, by one of the parties, will be communicated in writing by registered letter or via certified e-mail, by one of the parties to the other, at least 30 days before the deadline (except for the case provided for in article 5, paragraph 5.4).

5.3

Keliweb guarantees the Customer the Conservation and readability of the Documents for the agreed period and in any case up to the maximum period provided for by the legislation for each document category, starting from the date of the start of conservation of the documents, as certified by the time stamp applied.

5.4

Upon expiry of the contract, in the event of non-automatic renewal or in the event of its early termination pursuant to the following art.14 and, therefore, of termination of the contract, Keliweb guarantees the Customer the Conservation, readability and the possibility of downloading the Documents for a period of 6 months from the date of termination of the contractual relationship, at the end of which the Documents will be deleted without the possibility of recovery from the Keliweb infrastructure.

6) Payments

6.1

Payments of the agreed fees must be made in favor of Keliweb according to the methods available on https://www.keliweb.it/payments.php.

6.2

All amounts and prices indicated in the offer on the website www.keliweb.it are net of VAT.

6.3

For the purpose of concluding the contract, the Customer is required to pay Keliweb the amount set for the requested service plus VAT and any other legal charges. The Customer will not be able to assert rights or raise objections of any kind if he has not previously made the payments provided for in this contract.

6.4

The Customer acknowledges and accepts that, pursuant to the provisions of art. 52 paragraph 1 letter. e) Legislative Decree 206/2005, payment for the service must be made using one of the methods indicated in the online form, in particular by bank transfer, PayPal or credit card. In case of payment by bank transfer, the Customer is required to indicate the references necessary to identify the order placed (proforma number) and to send a copy of the bank accountant to the email address amministrazione@keliweb.it;

6.5

By accepting these General Terms and Conditions, the Customer explicitly agrees that the invoice will be sent and / or made available in electronic format.

6.6

Any credits existing in favor of the Customer by virtue of the failure to activate the Service, for any due cause, must be used by the latter for the purchase or renewal of Keliweb Services no later than the period of twelve months from the date of the payment. After the period of time indicated above has elapsed in vain, without the Customer having used the aforementioned credit, this will be considered definitively acquired and collected by Keliweb, without the Customer being able to claim its return or use.

7) Tax charges

7.1

Any tax, duty, levy or contribution in any case weighing on the fees or services provided for in the Contract will be charged to the Customer.

8) Communications

8.1

All communications to the Customer relating to this contractual relationship, unless otherwise established, may be made by Keliweb by hand, by e-mail, by registered letter with return receipt, ordinary mail or by fax to the addresses communicated by the Customer. and, consequently, they will be considered to be known by them.

8.2

Any changes in the Customer's addresses not communicated to Keliweb will not be opposable to it.

9) General obligations of the Customer

9.1

The Customer undertakes to transfer the files containing the data to be processed in the manner provided for in the previous Article 2.

9.2

The Customer is responsible for his own information and application systems, of which he assumes the sole responsibility for compatibility with the Keliweb Services and Systems on the basis of the technical specifications highlighted in the Manual.

9.3

The Customer is responsible for the correct conservation of the Access Credentials assigned to him by Keliweb. The Customer is informed of the fact that the knowledge of all the information, chosen and used by the Customer for registration for the Service and for its use, by third parties would allow the latter to access the Customer's data. The Customer is therefore required to keep these Access Credentials with the utmost confidentiality and with the utmost diligence and undertakes not to transfer them or allow their use to third parties. Keliweb cannot, in any case, be held responsible for any direct and / or indirect damage deriving from the Customer's failure to comply with the provisions set out above. The Customer undertakes to immediately notify Keliweb of any abuses found in the manner provided for in the previous article 2.1.

9.4

The Customer guarantees Keliweb that he has fulfilled, with reference to the Data and their communication to Keliweb, the disclosure obligations provided by art. 13 of EU Reg. 2016/679.

10) General obligations of Keliweb

10.1

Keliweb will provide assistance within the limits established in the previous Art. 2.3 Service Level Agreement.

10.2

Keliweb will make available to the Customer any new Services and / or Products that will be developed during the "Duration". In this regard, Keliweb will submit to the Customer a new offer which the latter will have the right to accept.

11) Confidentiality

11.1

The parties mutually undertake to keep confidential the information relating to their respective activities of which each becomes aware as a result of the execution of the requested activity and also undertake to commit their employees, agents and collaborators to keep such information confidential.

12) Limits of liability

12.1

Keliweb assumes no responsibility for any damage deriving from delays or non-fulfillment related to the execution of the Contract, due to force majeure such as, by way of example but not limited to, fires, explosions, strikes, riots, natural disasters, or due to acts or omissions of the customer, acts or omissions of civil or military authorities, delays in transport.

12.2

In any case, Keliweb does not assume responsibility for any unexpected and temporary interruptions of the Services due to causes not attributable to Keliweb; by way of example but not limited to: impossibility of communications, interruptions in the supply of electricity, strikes, including by one's own personnel.

12.3

For the forwarding of the files containing the Data pursuant to the previous Article 2, the Customer will be required to follow the instructions therein. The Customer will be identified exclusively through the Service Access Credentials; therefore any improper use of this information will remain at the sole risk of the Customer.

12.4

Keliweb assumes no responsibility for any damage caused by third parties who are not entitled to use the Services and / or Products in execution of the Contract.

12.5

For the provision of the Services, Keliweb will be free to make use of technicians unrelated to its organization, without prejudice to the responsibility towards the Customer within the limits of this art. 13. Keliweb assumes no responsibility for errors and / or delays attributable to defects in the media and / or malfunctions of the Internet connection that it may have authorized.

12.6

Keliweb reserves the right to modify these economic and service conditions also by virtue of any changed legal context of the applicable regulatory provisions.

12.7

If for any reason Keliweb, its employees or collaborators fail to fulfill their obligations under the Contract, Keliweb's liability towards the Customer will never exceed the amount already paid and calculated to expire with respect to the cost of the Service purchased, with the express exclusion of further other claims for damage, without prejudice to the hypotheses mandatorily provided for by lawe.

12.8

Keliweb will be liable to the Customer exclusively for damages connected to the execution of the Service and is not responsible for the content of the documents, for the failure to adapt the information and application systems of the Customer, incorrect or untruthful communication of data, presence of viruses or errors in the flows delivered by the Customer.

12.9

Keliweb declines any responsibility both towards its Customers and towards third parties for delays, malfunctioning, suspension and / or interruption in the provision of services due to breakdowns and malfunctions of the machines and software, whether owned by Keliweb or its suppliers. In such cases the customer acknowledges and accepts that he will have nothing to claim from Keliweb as compensation.

13) Express termination clause

13.1

In case of non-fulfillment by the Customer of the obligations referred to in Articles 5 Economic conditions and activation costs, 7.Payments, 8.Fiscal charges, 10.General obligations of the Customer, 12. Confidentiality, the Contract signed by Customer will be considered terminated by law pursuant to Article 1456 of the Civil Code, where Keliweb decides to make use of this right by means of a special registered letter with return receipt or via PEC, with the right to compensation for damage.

14) Privacy protection

14.1

For the fulfillment of the obligations arising from this contract, the Customer authorizes Keliweb to process the data necessary for the activation of the service. Keliweb undertakes to treat the data and information transmitted by the Customer confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those agreed in these General Conditions.

14.2

In addition to the provisions of the preceding paragraph, the Customer is informed that, after assuming an obligation of confidentiality, the personal data will be communicated to the subjects delegated to carry out the services directly or indirectly connected with the subject of this contract.

14.3

The Customer expressly declares to have been previously informed of the provisions of art. 13 of EU Reg. 2016/679 and to consent to the processing of their personal data for the purposes indicated. The Customer can exercise the rights referred to in Articles.15 and following of EU Reg. 2016/679 by sending a communication as described in art. 2.1 and is required to communicate any changes to their data.

14.4

Trust Deed and appointment as Data Processing Manager (EU Reg. 2016/679). By signing this contract, the Customer appoints Keliweb, pursuant to art. 28 EU Reg. 2016/679 (GDPR) Responsible for the processing of data necessary for the execution of the service. As a result of the aforementioned appointment, Keliweb will be authorized to process the personal data of which the Customer is the Data Controller, within the limit of the activities provided for in the aforementioned contract. Keliweb reserves the right to carry out any activity aimed at ensuring compliance with the relevant provisions in force and the task of managing, supervising and organizing all operations concerning the processing of personal data provided by the Customer / Owner, for the purpose of the correct execution of the activities subject to contract. In compliance with the provisions of the Privacy Code and EU Regulation no. 679/2016, it is specified that Keliweb will be required to:

1. Process the personal data provided by the Customer / Owner only for the purpose of providing the Services agreed by contract, using the technical and organizational measures provided for in the same and in the documents referred to therein. In the event that the Customer / Owner requires a different treatment than that indicated above or with specific exceptions with respect to Article 32 of EU Regulation no. 679/2016, he will have to express his will in advance and describe the measures he wishes to be guaranteed, which will later be evaluated and, if applicable, presented with a specific offer.
2. Ensure that the personnel responsible for processing personal data are bound by an obligation of confidentiality.
3. Adopt all the measures required pursuant to Article 32 of EU Regulation no. 679/2016;
4. Respect the conditions set out in paragraphs 2 and 4 of Article 32 of EU Regulation no. 679/2016 in order not to have recourse to a new personal data processing manager without prior authorization from the Customer / Owner. In the event that Keliweb is authorized to resort to this eventuality, it will have to impose on this Manager the same obligations it has subscribed to;
5. Assist the Customer / Data Controller of personal data with adequate technical and organizational measures, where possible, in order to ensure compliance with the rights of the Data Subject;
6. Assist the Customer / Data Controller in complying with the obligations;
7. Delete or return all personal data provided by the Customer / Owner following the termination of the provision of the services provided for in the contract;
8. Make available to the Customer / Owner all the necessary information regarding the obligations that Keliweb will be required to comply with towards the Customer / Owner himself, offering him the possibility of verification after agreement on the times and methods of implementation of this procedure, which does not will have to conflict with the confidentiality obligations assumed by Keliweb. The costs of this verification will be entirely borne by the Customer / Owner. In the event that Keliweb makes use of the collaboration of third parties for the activities described above, it will be its responsibility to provide for the erudition of these subjects regarding compliance with the rules prescribed by the Privacy Code and by EU Regulation no. 679/2016. Keliweb manages the processing of personal data by following all the instructions above, implementing every technical specification prescribed in the Privacy Code and EU Regulation no. 679/2016, taking into account the security requirements established for the provision of services. If anomalous situations occur, the suppliers of the aforementioned services will be required to promptly inform the Customer / Owner.

The Customer authorizes Keliweb, in the provision of the services covered by the contract and if necessary for the performance of the same, to make use of additional third parties responsible for the processing who will be burdened with the same obligations necessary to guarantee the correctness, lawfulness and security of the data processing.

15) Jurisdiction

15.1

This Agreement is governed by Italian law. For any dispute inherent and consequent to this agreement and to the relationships deriving from it, the competent court is that of Cosenza.

16) General provisions

16.1

Any modification to the agreements reached through the signing of the Contract and its Attachments must result from a written deed, signed by both parties.

16.2

The Customer may not assign or otherwise transfer the Contract or the rights deriving from it to third parties without the prior written consent of Keliweb.

16.3

With regard to all that is not provided for in this deed, the Terms of Service available at the following web address are considered applicable: https://www.keliweb.it/tos.php and the current regulations on the subject to which the Parties, by mutual agreement, make express reference, for every best effect.

Acceptance of terms of service relating to the "Fatturazione elettronica" category

Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the Customer, after having received their careful and specific knowledge and vision, approved and expressly accepts the following clauses:

• 2.2 Delivery of data and communications relating to processing
• 5.3 Right to change activation and use costs
• 6.1 Automatic tacit annual renewal of the contract
• 7 Payments
• 8 Tax charges
• 10.3 Customer Responsibility for Access Credentials
• 12 Confidentiality
• 13.1 and 13.2 Keliweb exemption from liability due to force majeure or causes external to Keliweb's will
• 13.9 Keliweb exemption from liability for breakdowns or malfunctions of machines and software
• 14 Termination clause
• 16 Jurisdiction
• 16.2 Prohibition to transfer the Agreement and the rights deriving from it

Previous version dated 02/29/2024

View in digital format
(Previous version dated 02/29/2024)

I presenti Termini di Servizio disciplinano il rapporto contrattuale che si perfeziona tra Keliweb s.r.l. società a socio unico (qui di seguito solo Keliweb) ed il Cliente per la fornitura dei servizi di Iubenda Privacy Cookie Generator, come di seguito descritti.

1) Oggetto del contratto

Il Cliente prende atto che il servizio Iubenda Privacy Cookie Generator (di seguito il Servizio) viene offerto da Keliweb s.r.l., società a socio unico (qui di seguito solo Keliweb), quale rivenditore di Iubenda S.r.l. (C.F. 07347120961), con sede legale in Milano, via San Raffaele n. 1. Il Cliente, pertanto, con la sottoscrizione del presente contratto, dichiara di aver preso visione e di accettare espressamente anche le Condizioni generali di contratto di Iubenda, disponibili al presente link: https://www.iubenda.com/it/user/tos/legal?ifr=false e l’offerta commerciale, costituenti parte integrale e sostanziale del presente contratto.

2) Attivazione del servizio

Il Cliente procederà all’acquisto sulla piattaforma di Keliweb e, dopo aver effettuato il pagamento, riceverà una mail di conferma del buon esito della transazione da parte di Keliweb e, successivamente, una mail di benvenuto da parte di Iubenda, contenente le istruzioni per l’attivazione del servizio. Ricevuta la mail, il Cliente potrà accedere alla piattaforma di Iubenda esclusivamente tramite l’Area Clienti di Keliweb con le credenziali di accesso già a sua disposizione. Al primo accesso, il Cliente dovrà configurare il servizio in autonomia. Qualora il Cliente non avesse già servizi attivi con Keliweb, una volta effettuato l’acquisto, riceverà una prima mail di benvenuto su Keliweb con le indicazioni per accedere all’Area Clienti, una seconda mail di conferma del pagamento sempre da Keliweb e successivamente la mail di Iubenda per l’attivazione. Keliweb informa il Cliente che, in caso di anomalie nella procedura di registrazione e/o acquisto, il sistema sospenderà la transazione ed invierà una mail per la verifica non automatizzata dei dati.

3) Durata e recesso

Il Cliente al momento dell’acquisto ha facoltà di scegliere la durata del Servizio, annuale o mensile. In entrambi i casi è previsto il rinnovo automatico, a meno che il Cliente non comunichi a Keliweb l’intenzione di recedere con un preavviso scritto di almeno 30 (trenta) giorni per il servizio annuale e almeno 7 (sette) giorni per il servizio mensile. Al fine di perfezionare il rinnovo, nei medesimi termini sopra indicati, Keliweb invierà al Cliente una mail contenente una nota pro forma indicante i termini ed i costi del rinnovo. Fermo quanto sopra, Keliweb si riserva comunque la facoltà di recedere dal Contratto in qualsiasi momento e senza obbligo di motivazione, dandone comunicazione scritta al Cliente, con un preavviso di almeno 30 (trenta) giorni, fatto salvo il caso di eventi determinati da cause di forza maggiore, in virtù dei quali Keliweb si riserva il diritto di recedere dal presente contratto con effetto immediato. Decorso il termine sopra indicato, il Contratto dovrà intendersi cessato e/o terminato e Keliweb potrà in qualsiasi momento disattivare il Servizio senza ulteriore avviso e rimborsare al Cliente l’importo pagato e rimasto inutilizzato alla data di efficacia del recesso. In ogni caso, resta espressamente esclusa ogni altra responsabilità di Keliweb per l’esercizio del diritto di recesso e/o per il mancato utilizzo del Servizio da parte del Cliente che, conseguentemente, non avrà alcun diritto a pretendere il rimborso della quota non usufruita.

4) Sospensione del Servizio e disattivazione

Indipendentemente dalla durata prescelta, alla scadenza del Contratto, nel caso in cui il Cliente non avesse effettuato il pagamento per il rinnovo, l’accesso alla piattaforma di Iubenda sarà sospeso per 14 (quattordici) giorni, decorsi i quali il Servizio sarà definitivamente disattivato ed i dati cancellati. Sarà sempre possibile per il Cliente fruire nuovamente del Servizio procedendo in via successiva ad una nuova attivazione. Il Cliente prende atto ed accetta che Iubenda, in base a quanto previsto nelle sue condizioni generali - che il Cliente dichiara di conoscere ed accettare espressamente - potrà procedere alla sospensione o alla chiusura in qualsiasi momento dell’account, senza che questo possa comportare alcuna responsabilità in capo a Keliweb o possa determinare alcuna richiesta di restituzione e/o rimborso di quanto alla medesima versato.

5) Pagamento del corrispettivo

Il pagamento del servizio avverrà al momento dell’acquisto. Il pagamento del rinnovo potrà essere effettuato entro 30 (trenta) giorni dalla ricezione della nota pro forma. Al momento del pagamento, Keliweb emetterà la fattura e la invierà al Cliente.

6) Assistenza

Resta in ogni caso inteso fra le Parti che Keliweb, essendo mero rivenditore di Iubenda, non fornirà alcun tipo di assistenza al Cliente, né per l’attivazione del Servizio o la configurazione del pannello di Iubenda, né in presenza di eventuali guasti e/o malfunzionamenti dello stesso. Il Cliente potrà segnalare le problematiche riscontrate al supporto tecnico di Iubenda contattabile all’interno della dashboard di Iubenda.

7) Obblighi e limitazioni di responsabilità di Keliweb

Il Servizio viene fornito “as is”, senza garanzia di alcun tipo. Keliweb, in qualità di mero Reseller, declina pertanto ogni responsabilità in merito al corretto funzionamento del medesimo. Il Cliente dichiara di manlevare e tenere integralmente indenne Keliweb da ogni e qualsivoglia conseguenza pregiudizievole, danno, azione, richiesta, pretesa di qualsivoglia natura, ivi incluse quelle derivanti da terzi, conseguenti ad azioni o omissioni del Cliente medesimo, in violazione delle condizioni contrattuali richiamate al presente Contratto, ivi comprese le Condizioni generali di servizio di Iubenda.

8) Obblighi e diritti del Cliente

Il Cliente, accedendo alla Piattaforma Iubenda, gestirà in autonomia il Servizio acquistato e, pertanto, è consapevole che sarà l’unico responsabile della corretta configurazione dello stesso, così come di ogni contenuto immesso e/o di qualunque utilizzo del Servizio. Keliweb precisa che non effettua nessun backup specifico dei dati e/o informazioni e/o contenuti trattati dal Cliente, né salva alcun log di accesso e/o di configurazione su Iubenda, per sé o per terzi o da questi ultimi se autorizzati dal Cliente. Il Cliente, pertanto, è tenuto ad effettuare il backup completo dei dati e/o informazioni e/o contenuti da egli immessi e/o trattati nella Piattaforma ed a prendere tutte le necessarie misure di sicurezza per la salvaguardia dei medesimi. Keliweb, pertanto, non sarà in alcun modo responsabile per l’eventuale perdita dei dati e/o informazioni e/o contenuti trattati dal Cliente. Il Cliente dichiara di essere in regola con tutti i materiali e le informazioni autonomamente inseriti ed utilizzati mediante la Piattaforma Iubenda e se ne assume i relativi costi e le relative responsabilità di corretto utilizzo. Fermo quanto sopra, il Cliente prende atto ed accetta che Iubenda potrà modificare la propria Piattaforma, ovvero implementarne nuove versioni, in qualsiasi momento e per qualsiasi ragione, senza che questo possa comportare alcuna responsabilità in capo a Keliweb.

9) Trattamento dei Dati Personali

Le informazioni sul trattamento dei dati personali svolte da Keliweb in qualità di titolare del trattamento per finalità di fatturazione, amministrative, di gestione in generale del rapporto contrattuale con il Cliente, di tutela dei propri interessi e di conformità agli obblighi normativi cui Keliweb è soggetta sono specificate nella Privacy Policy di Keliweb, disponibile al seguente link: https://www.keliweb.it/privacy.php. Al contempo, il Cliente prende atto del fatto che ogni ulteriore e diverso trattamento svolto da Iubenda nell’ambito dell’erogazione del Servizio (al Cliente) resterà soggetto alle politiche privacy e alla connessa documentazione contrattuale in materia di protezione dei dati personali adottate da Iubenda, ivi compresa la Privacy Policy messa a disposizione da quest’ultima quale fornitore del Servizio. Il Cliente riconosce altresì ed accetta che eventuali attività di trattamento di dati personali svolte da Iubenda per conto del Cliente nell’ambito dell’erogazione del Servizio saranno svolte esclusivamente nella misura e per gli scopi concordati tra il Cliente e Iubenda, secondo quanto disciplinato nel rispettivo contratto di nomina a responsabile del trattamento (disponibile al link https://www.iubenda.com/termini-e-condizioni/10079152), che il cliente dichiara di conoscere e di accettare. Il Cliente riconosce, pertanto, di essere l’unico responsabile della corretta regolamentazione delle attività di trattamento svolte da Iubenda per suo conto connesse all’erogazione del Servizio ai sensi della normativa in materia di protezione dei dati personali agli stessi applicabile, esonerando espressamente Keliweb da ogni e qualsivoglia responsabilità in merito.

11) Legge applicabile e foro competente

Il presente Contratto verrà disciplinato dalla legge della Repubblica italiana. Qualsiasi controversia comunque connessa al presente Contratto, comprese quelle inerenti alla sua validità, efficacia, interpretazione, esecuzione e risoluzione, suoi attivi modificativi ed esecutivi sarà devoluta, in via esclusiva, alla cognizione del Foro di Firenze.

Clausole Vessatorie

Ai sensi e per gli effetti di cui agli artt. 1341 e 1342 Cod. Civ., il Cliente, dopo averne presa attenta e specifica conoscenza e visione, approva ed accetta espressamente le seguenti clausole: art. 3, 4, 7, 8 e 11.

Premessa

Le presenti condizioni generali hanno come oggetto le norme per il servizio gratuito di API offerto da Keliweb S.r.l. (di seguito, anche “Keliweb”). L’attivazione del servizio, effettuata dall’interno della propria area cliente costituisce integrale accettazione delle presenti condizioni generali.

Oggetto e caratteristiche del servizio

Mediante il presente Servizio di API, Keliweb fornisce ai propri clienti-rivenditori, nello specifico web agency, la possibilità di rivendere ai propri clienti finali i servizi offerti da Keliweb (Hosting Condivisi, Hosting Email, Domini, VPS, Server Dedicati, Iubenda). Questa operazione viene resa possibile tramite l’interfacciamento diretto da parte del cliente-rivenditore, tramite i propri software, ai sistemi Keliweb, consentendo così al cliente-finale di effettuare ordini diretti, senza dover accedere al portale keliweb.it o keliweb.com. Keliweb potrà stabilire ed imporre alcuni limiti sull'utilizzo delle API (ad esempio limitando il numero di richieste API che è possibile effettuare o il numero di utenti che è possibile servire (contemporaneamente o mensilmente ad esempio), a esclusiva discrezione di Keliweb. Qualora il cliente-rivenditore volesse utilizzare qualsiasi API oltre i limiti indicati, dovrà ottenere il consenso esplicito di Keliweb, che questa potrà concedere oppure negare a suo insindacabile giudizio. Per richiedere tale approvazione, il cliente-rivenditore dovrà contattare il supporto di Keliweb via Ticket System o via mail su supporto@keliweb.it.

Le API sono progettate per permettere ai portali, applicazioni, gestionali del cliente-rivenditore un interfacciamento diretto con i sistemi di Keliweb. Il cliente-rivenditore accetta che Keliweb potrà monitorare l'uso dell'API per garantire una maggiore qualità, migliorare i prodotti e i servizi Keliweb e verificare il rispetto dei termini. Questo monitoraggio potrà avvenire anche utilizzando le API del cliente-rivenditore direttamente dallo staff Keliweb, ad esempio per identificare problemi di sicurezza che potrebbero interessare Keliweb o i suoi utenti. Keliweb avrà facoltà di utilizzare qualsiasi mezzo tecnico per effettuare tali verifiche e monitoraggio. Keliweb può sospendere l'accesso alle api da parte del cliente senza alcun preavviso ed in qualsiasi momento.

Assistenza

Resta espressamente inteso che i clienti-rivenditori forniranno ai propri clienti finali un supporto di “primo livello”. L’assistenza di primo livello potrà avere ad oggetto, a titolo esemplificativo e non esaustivo, problematiche relative all’utilizzo e alla fruizione del servizio, e risolvibili dal cliente-rivenditore senza interventi sul sistema operativo, sull’infrastruttura di rete, sull’hardware, sulla gestione dei servizi o sulle configurazioni di sistema. Esempi (non esaustivi) sono: errori di autenticazione, operazioni di integrazione con sistemi terzi, richieste di funzionalità, interpretazione dei risultati, impostazioni lato client, assistenza sul formato delle richieste e sulle modalità di presentazione delle stesse in caso di richieste di assistenza presentate dai clienti-finali.

Fermo quanto sopra, Keliweb fornirà invece un supporto di “secondo livello” che potrà essere attivata dal cliente-finale per il tramite del cliente-rivenditore, il quale potrà contattare Keliweb via Ticket System o via mail su supporto@keliweb.it. L’assistenza di secondo livello potrà avere ad oggetto esclusivamente problematiche non risolvibili direttamente dal cliente-rivenditore, e per la cui risoluzione è necessario l’intervento del team tecnico Keliweb sul sistema operativo, sull’infrastruttura di rete, sull’hardware, sulla gestione dei servizi o sulle configurazioni di sistema. Esempi (non esaustivi) sono: impossibilità di connessione al servizio, lentezza ingiustificata nelle risposte, risposte formalmente errate, richieste di nuove funzionalità.

Limitazione di responsabilità di Keliweb

Keliweb comunica ed il cliente-rivenditore prende atto ed accetta che le API messe a disposizione da Keliweb potrebbero non essere compatibili con le altre applicazioni già installate dal cliente-rivenditore medesimo e/o potrebbero non essere adatte ed idonee alla finalità che questi intende perseguire con esse; pertanto, il cliente-rivenditore solleva, ora per allora, Keliweb da qualsiasi responsabilità in proposito.

La responsabilità per la scelta, l’utilizzo e l’eventuale incompatibilità degli applicativi messi a disposizione da Keliweb è e resta esclusivamente a carico del cliente-rivenditore medesimo, il quale dichiara, ora per allora, di sollevare Keliweb da ogni e qualsivoglia responsabilità in merito.

Resta inteso che Keliweb potrà effettuare in qualunque momento aggiornamenti al sistema API, legati ad esigenze di sicurezza, oppure per l’aggiunta di nuove funzionalità. Il cliente-rivenditore potrà visionare tali modifiche direttamente sui manuali messi a disposizione.

Keliweb si impegna ad impiegare la migliore tecnologia di cui è a conoscenza e le migliori risorse a sua disposizione per fornire i Servizi offerti ai clienti-rivenditori.

Fermo quanto sopra, entro i limiti imposti o derivanti da norme imperative di legge, Keliweb non assume alcuna responsabilità nei confronti del cliente-rivenditore e del cliente-finale o di soggetti terzi per danni o pregiudizi da questi subiti che siano causati o connessi all’erogazione dei Servizi o all’esecuzione del presente contratto, e malfunzionamento dei software del cliente-rivenditore che si interfacciano al Sistema API, salvi i casi di dolo o colpa grave direttamente imputabili a Keliweb. Fatti salvi i casi di dolo o colpa grave di Keliweb e/o dei suoi dipendenti e/o dei suoi fornitori/sub-fornitori che arrechino danni alle persone e/o a cose, la responsabilità contrattuale di Keliweb sarà in ogni caso limitata ai danni prevedibili e direttamente imputabili a Keliweb e derivanti da violazioni del presente contratto o da negligenza e non potrà in nessun modo essere quantitativamente superiore all’eventuale corrispettivo pagato dal cliente-rivenditore negli ultimi 12 (dodici) mesi per i Servizi interessati dall’evento dannoso. Inoltre, laddove l’azione od omissione di Keliweb abbia causato, ai sensi della presente previsione, più di un evento a danno del cliente-rivenditore, tutti gli eventi causati da una singola azione e/o omissione di Keliweb verranno considerati come un unico evento.

Forza Maggiore

Per Forza Maggiore si intende in ogni caso (ma non esclusivamente): ogni evento naturale, fulmine o incendio, disordini interni, misure governative, mobilitazione, guerra, attacchi terroristici, ostacoli nel trasporto, sciopero, serrata, interruzioni commerciali, stagnazione nell'approvvigionamento, indisponibilità di uno o più membri del personale (a causa di malattia), epidemie, pandemie, barriere all'importazione ed all'esportazione.

Inoltre, si considera Forza Maggiore ogni malfunzionamento o guasto di internet, dati, reti, infrastrutture e impianti di telecomunicazione e di energia elettrica, cyber-criminalità, attacchi alla rete, attacchi (D)DoS, attacchi informativi su larga scala, interruzioni di corrente elettrica, eventi informatici diffusi subiti da Keliweb o dai sub-fornitori di Keliweb.

La parte che subisce l’evento di Forza Maggiore non sarà considerata inadempiente al presente Contratto o in altro modo responsabile nei confronti dell’altra parte per eventuali ritardi o mancata esecuzione di qualsiasi obbligo (e il termine per l'esecuzione sarà prorogato di conseguenza) se e nella misura in cui il ritardo o la mancata esecuzione sia dovuto ad un evento di Forza Maggiore. La presente clausola non si estende all'obbligo di pagamento di qualsiasi importo dovuto, che dovrà comunque essere adempiuto al termine dell’evento di Forza Maggiore, fermo restando quanto previsto al successivo punto.

Se l'evento di Forza Maggiore persiste per un periodo continuativo superiore ad 1 (uno) mese dalla data di inizio, l'altra parte può dare avviso alla parte che subisce l'evento di Forza Maggiore di risoluzione del presente contratto. L'avviso di risoluzione deve specificare la data di risoluzione, che non deve essere inferiore a 7 (sette) giorni lavorativi dalla data in cui l'avviso di risoluzione è stato dato. Una volta che è stato dato un avviso di risoluzione valido, il presente Contratto terminerà alla data di risoluzione indicata nell'avviso.

Obblighi relativi all'utilizzo del servizio

Il cliente-rivenditore si impegna ad utilizzare i Servizi con la massima diligenza, rispettando le regole di utilizzo ed in modo tale da non compromettere, la stabilità, la sicurezza e la qualità dei Servizi. Keliweb si riserva il diritto di sospendere o interrompere l’accesso del cliente ai Servizi qualora: (i) il cliente-rivenditore violi in modo sostanziale o ripetuto il presente contratto o utilizzi i Servizi per finalità illecite; (ii) Keliweb sia tenuta ad agire in tal modo per rispettare una norma di legge o un ordine dell’Autorità; (iii) Keliweb ritenga, in maniera ragionevole e fondata, che la condotta del cliente comporti danni o responsabilità per un altro cliente-rivenditore, una terza parte o la stessa Keliweb; (iv) il cliente-rivenditore immetta attraverso i Servizi contenuti indiscutibilmente illeciti.

Il cliente-rivenditore si impegna a non utilizzare i Servizi per finalità illecite ed a non violare in alcun modo le norme nazionali, comunitarie ed internazionali, anche regolamentari, applicabili. In particolare, il cliente si impegna a non immettere, e a non fare immettere a terzi, link a contenuti (i) dannosi (a titolo meramente esemplificativo e non esaustivo, malware, virus, software potenzialmente nocivi, ecc.); (ii) a qualsiasi titolo violativi, o anche solo potenzialmente lesivi, della privacy, dei diritti d'autore e della proprietà intellettuale ed industriale, né contenuti diffamatori, pornografici, blasfemi o offensivi, che incitino all’odio razziale, o che possano in qualsiasi altro modo ledere o inficiare l’attività di Keliweb e/o ledere o mettere in pericolo l’immagine di terzi o di Keliweb; (iii) contenenti pubblicità, materiale promozionale, spam non richiesti o non autorizzati. Il cliente, inoltre, si impegna a non compiere attraverso i Servizi o il proprio accesso ad Internet atti di pirateria informatica. Il cliente-rivenditore garantisce che non effettuerà spamming, ovvero l'invio, via e-mail, di comunicazioni non autorizzate e/o non richieste dai destinatari. Keliweb considererà il cliente responsabile anche qualora l'attività illegale di spam venga effettuata attraverso indirizzi di posta diversi da quello acquistato da Keliweb e coinvolga anche indirettamente un Servizio di Keliweb o direttamente la struttura tecnica di Keliweb (a titolo d’esempio, promozione non autorizzata di sito internet in hosting presso Keliweb). Il cliente-rivenditore prende atto che le attività sopra descritte costituiscono una violazione del presente TOS.

Fermo restando quanto sopra indicato e fatti salvi i casi di risoluzione espressa previsti nel presente Contratto, laddove - anche su segnalazione di terzi - Keliweb abbia fondato motivo di ritenere che il cliente-rivenditore compia attività in violazione degli obblighi previsti nel presente contratto o comunque utilizzi i Servizi in violazione di diritti di terze parti, Keliweb potrà assegnare al cliente-rivenditore, anche per email, un congruo termine entro il quale rimediare all’inadempimento contestato ovvero fornire la documentazione e le informazioni comprovanti il rispetto del contratto e della normativa vigente che disciplina il corretto svolgimento delle attività poste in essere attraverso i Servizi; in caso di mancato riscontro, ovvero laddove il cliente-rivenditore non dimostri la corretta esecuzione del Contratto e il rispetto degli obblighi di legge, Keliweb avrà il diritto di risolvere immediatamente il Contratto fermo restando il diritto all'integrale pagamento del corrispettivo maturato ed il diritto di Keliweb ad agire per l'integrale risarcimento dei danni eventualmente subiti.

Durata

La durata del presente contratto è indicata nella documentazione tecnica fornita da Keliweb al cliente-rivenditore. Resta espressamente inteso che ciascuna parte avrà facoltà di recedere dal presente contratto mediante comunicazione scritta, da trasmettere al cliente-rivenditore con preavviso scritto di almeno 30 (trenta) giorni.

Clausola risolutiva espressa

Keliweb si riserve il diritto di risolvere il presente contratto ai sensi dell’art. 1456 c.c. qualora il cliente-rivenditore violi uno degli obblighi stabiliti dal presente contratto. Quanto precede non pregiudica il diritto di Keliweb, qualora ne ricorrano le circostanze e sia ritenuto opportuno, di assumere ogni idonea iniziativa per la risoluzione del presente contratto ai sensi e per gli effetti degli artt. 1453 e 1454 c.c. Resta salvo il diritto di richiedere il risarcimento del danno subito da parte di Keliweb.

Comunicazioni tra le Parti

Tutte le comunicazioni relative al presente rapporto contrattuale potranno essere effettuate dalle parti tramite e-mail, a mezzo di lettera raccomandata A.R., posta ordinaria agli indirizzi da queste comunicati.

Sicurezza dei contenuti

Keliweb non è in alcun modo responsabile della sorveglianza dei contenuti che il Cliente utilizza tramite il Servizio API. Keliweb, dunque, resta estranea a qualunque tipo di attività il Cliente o suoi collaboratori portino avanti in piena autonomia, in seguito alla consegna delle credenziali, fornite all’attivazione del Servizio.

Trattamento dei dati personali

Con riferimento al trattamento dei dati personali relativi al cliente-rivenditore per finalità di fatturazione, amministrative, di gestione in generale del rapporto contrattuale tra le parti, di tutela dei propri interessi e di conformità agli obblighi normativi cui Keliweb è soggetta, Keliweb agirà in qualità di Titolare del trattamento, come meglio specificato nella Privacy Policy disponibile al seguente link: https://www.keliweb.it/privacy.php.

Con riferimento all’esecuzione delle prestazioni oggetto del Servizio API a favore dei clienti-rivenditori che prevedono un trattamento di dati personali per conto degli stessi (a titolo esemplificativo e non esaustivo, in relazione ad eventuali attività di supporto che dovessero essere erogate da Keliweb a favore dei clienti-finali), il cliente-rivenditore agisce tipicamente nel ruolo di Titolare del trattamento (salve le ipotesi in cui il cliente-rivenditore agisce a sua volta in qualità di Responsabile del trattamento per conto di una terza parte che agisce in qualità di Titolare del trattamento o in qualità di Responsabile del trattamento), mentre Keliweb agisce tipicamente in quello di Responsabile del trattamento per conto del cliente-rivenditore, attenendosi alle istruzioni impartite dal cliente-rivenditore e dettagliate per iscritto nel “Contratto per il Trattamento dei Dati Personali” (DPA) raggiungibile alla pagina: https://www.keliweb.it/doc/tos/DPA_Keliweb.pdf e, ove applicabile, da considerarsi accettato dal cliente-rivenditore in quanto parte integrante delle presenti condizioni generali di contratto.

Con riferimento invece all’esecuzione delle prestazioni oggetto dei servizi di Keliweb rivenduti dai clienti-rivenditori ai propri clienti-finali (Hosting Condivisi, Hosting Email, Domini, VPS, Server Dedicati, Iubenda), il cliente-rivenditore riconosce che Keliweb agirà in qualità di Responsabile del trattamento per conto del cliente-finale, attenendosi alle istruzioni dettagliate per iscritto nel “Contratto per il Trattamento dei Dati Personali” (DPA) raggiungibile alla pagina https://www.keliweb.it/doc/tos/DPA_Keliweb.pdf. Pertanto, il cliente-rivenditore si impegna a sottoporre al cliente-finale il predetto “Contratto per il Trattamento dei Dati Personali” in quanto contiene informazioni importanti sulle attività di trattamento dei dati personali di cui tale cliente-finale è il Titolare del trattamento (o, a sua volta, Responsabile del trattamento per conto di una terza parte); a tal fine, il cliente-rivenditore si impegna a inserire un richiamo espresso a tale DPA e relativo link (https://www.keliweb.it/doc/tos/DPA_Keliweb.pdf) nella documentazione contrattuale sottoposta al cliente finale, inserendo una clausola del seguente tenore: “Con riferimento ai servizi API, il cliente prende atto che il rapporto privacy rispetto alle attività di trattamento svolte da Keliweb (quale fornitore del predetto servizio) sono regolate dal “Contratto per il Trattamento dei Dati Personali” da considerarsi accettato dal cliente in quanto parte integrante del presente contratto. Per la gestione di questo rapporto privacy, il cliente può contattare Keliweb a: privacy@keliweb.it. Eventuali aggiornamenti di tale documentazione privacy saranno notificati per iscritto al cliente e saranno validi nei confronti dello stesso in caso di mancata opposizione da comunicarsi nei successivi [10 giorni] da detta comunicazione di aggiornamento”.

Documentazione

Il Cliente prende atto ed accetta, espressamente, l'esistenza del Registro dei Collegamenti (LOG – dati relativi al traffico telematico), compilato e conservato da Keliweb nei termini e con le modalità stabilite dalla legge. Il predetto registro (Log) costituisce piena ed incontrovertibile prova dei fatti e degli atti compiuti dal Cliente medesimo in relazione ad Keliweb e/o a terzi; esso ha carattere di riservatezza assoluta e potrà essere esibito e/o fornito esclusivamente su richiesta delle Autorità competenti. Keliweb adotta tutte le misure tecniche ed organizzative necessarie a garantire la riservatezza dei Log di collegamento. Il Cliente prende atto ed accetta altresì che Keliweb si riserva la facoltà di conservare i Log di accesso per un periodo di tempo pari o superiore alla durata del rapporto contrattuale.

Legge applicabile e Foro competente

Il presente contratto e tutti i diritti e gli obblighi derivanti dallo stesso saranno regolati e dovranno essere interpretati secondo la legge italiana.

Qualsiasi controversia inerente il presente Contratto o derivante dal presente Contratto o dalla sua esecuzione sarà devoluta alla cognizione esclusiva del Foro di Firenze.

Disposizioni finali

L’eventuale tolleranza di una delle parti verso comportamenti dell’altra posti in essere in violazione di una qualunque disposizione del presente contratto non costituisce rinuncia ai diritti derivanti dalla disposizione violata né al diritto di esigere il corretto adempimento di tutte le disposizioni del presente contratto.

Il mancato o ritardato esercizio di un diritto spettante ad una Parte ai sensi del Contratto non costituisce rinuncia allo stesso.

L’eventuale inefficacia e/o invalidità, totale o parziale, di uno o più termini e clausole del contratto non comporterà l’invalidità degli altri, che dovranno ritenersi pienamente validi ed efficaci.

Le Parti dichiarano e si danno reciprocamente atto che tutte le clausole contenute nel presente Contratto hanno formato oggetto di specifiche trattative, con conseguente inapplicabilità degli Artt. 1341 e 1342 c.c.

Il cliente-rivenditore non potrà in nessun caso cedere a terzi, in tutto o in parte, il presente contratto né diritti o obblighi ad esso relativi.

Il presente contratto non costituisce né potrà essere interpretato come rapporto di subordinazione, società, agenzia, mandato o altro legame di alcun tipo tra le parti diverso da quello espressamente in esso previsto né dà luogo ad alcuna associazione, joint venture o partnership, o altro rapporto di dipendenza tra le parti e in nessun caso una delle parti potrà essere ritenuta responsabile per le azioni, dichiarazioni o omissioni eseguite o effettuate dall’altra parte. Ciascuna parte conserverà pertanto la propria identità di contraente autonomo e si impegna a non stipulare contratti, accordi, concedere garanzie, fare dichiarazioni o costituire obbligazioni, espresse o implicite, per conto dell’altra parte.

These Terms of Service (hereinafter, “TOS” or “Contract”) govern the contractual relationship that is perfected between Keliweb S.r.l. and the Customer for the provision of the SiteBuilder Service (“Service”) by Keliweb to the Customer. The commercial offer published on the Keliweb website or in any case brought to the attention of the Customer by Keliweb and any other documentation possibly attached to these TOS constitute an integral part of these TOS and must be considered fully referred to herein.

Art. 1 - DESCRIPTION OF THE SITEBUILDER SERVICE

1.1 The Service allows the Customer to create, update and publish online a website or an e-commerce through an online management panel and without the need to install additional programs. The Customer uses the Service through the use of a web space assigned to him, accessible through the use of an internet browser and an internet connection.

1.2 The Service is provided in different solutions, the characteristics of which are published in an updated manner on the Keliweb website with an indication of the technical differences and the relative economic offers.

1.3 The Service may be activated on a domain name indicated by the Customer or on a free third-level domain made available by Keliweb.

1.4 The Customer acknowledges and accepts that the association of the Service to a domain name with already existing content will result in the failure to display the previous content and its replacement with the new content, as the Services are in different and alternative hosting spaces.

Art. 2 - CONDITIONS OF USE OF THE SERVICE AND CUSTOMER OBLIGATIONS

2.1 The Customer acknowledges that the Service will be provided with the characteristics and limits of use indicated by Keliweb on the descriptive page of the Service itself. These limits cannot be exceeded by the Customer. In the event of exceeding these limits, Keliweb will have the right to suspend the Service

2.2 The Parties acknowledge and agree that Keliweb has no obligation to monitor the contents published by the Customer through the Service, but must inform the competent Judicial Authorities if it becomes aware of violations committed by the Customer in the use of the Service; any liability of Keliweb in this regard is therefore expressly excluded.

2.3 The Customer remains the sole and exclusive responsible for the contents and materials published and/or uploaded through the Service. Therefore, the Customer undertakes to use the Service with the utmost diligence, respecting the rules of use indicated in these TOS and in such a way as not to compromise its stability, security and quality.

2.4 The Customer undertakes to use the services and products with the utmost diligence, respecting the rules of use indicated in this Contract and in such a way as not to compromise their stability, safety and quality. The Customer also undertakes not to use the Service for illicit purposes and not to violate in any way the applicable national, community and international laws, including regulatory ones. In particular, the Customer undertakes not to enter, and not to have third parties enter, content

1. harmful (including, but not limited to, malware, viruses, potentially harmful software, etc.);
2. in any way violative, or even just potentially harmful, of privacy (in this regard, Keliweb declines all responsibility relating to data published on the Client's sites and/or contained in the Client's databases, which have not been processed in compliance with the legislation on the protection of personal data - EU Regulation 2016/679, Legislative Decree 196/2003 and applicable Provisions of the Guarantor for the Protection of Personal Data), of copyright and intellectual and industrial property rights, nor defamatory, pornographic, blasphemous or offensive content, which incites racial hatred, or which may in any other way harm or undermine the activity of Keliweb and/or harm or endanger the image of third parties or of Keliweb;
3. containing advertising, promotional material, spam, unsolicited or unauthorized. The Customer also undertakes not to carry out acts of computer piracy through the services and products or through his/her access to the Internet.

2.5. The Customer undertakes not to publish or otherwise make available on his Site any content of which he is not the owner, without the express consent of the legitimate owner of the aforementioned content.

2.6. The Client guarantees that it will not engage in spamming, that is, sending, via email, unauthorized and/or unsolicited communications from the recipients. The Client is also prohibited from using robot software (or any other software not provided by Keliweb) for the purpose of creating new Sites or accessing or modifying existing Sites.

2.7 All copyrighted materials, trademarks and other intellectual property rights or content provided as part of the Service shall, at all times, remain the property of Keliweb or any licensors of Keliweb. The Customer is not authorized to use such material or content unless expressly authorized by Keliweb.

2.8 The Customer remains solely responsible for the content and information provided on the website subject to the Service to interested parties (such as visitors to the site). The Customer acknowledges that Keliweb does not provide any advice, nor any guarantee, regarding the information (such as legal notices, privacy notices, etc.) that the Customer must publish on its website. Furthermore, acting as data controller of the personal data processed through the website, the Customer is required to ensure compliance with the legislation on the protection of personal data (EU Regulation 2016/679, Legislative Decree 196/2003 and the Provisions of the Guarantor for the protection of personal data applicable). Keliweb, however, will act as data processor as established in the Data Processing Agreement between Keliweb and the Customer available at here. Upon provision of the Service, Keliweb will provide the Customer with a banner containing an example of a short information text on cookies, which will appear on the Customer's website. The Customer is responsible for complying with all obligations arising from the applicable legislation on the protection of personal data, and therefore also for defining the content of the banner and in general defining and updating the information provided to visitors to the website and interested third parties, including the information on cookies served by the site created through the Service. As specified above, the Customer, as data controller, remains solely responsible for the exact fulfillment of the regulatory obligations on the protection of personal data, with Keliweb's liability in this regard being excluded in any case. The Client accepts and guarantees not to use any type of cookie (or other tracking technologies and tools, such as, for example, web beacons/web buns, clear GIFs, etc.) in order to find and/or store client-side information (e.g. profiling cookies), with the sole exception of the installation of Google Analytics cookies, already included in the SiteBuilder product editor, which the Client has the right to use and, if necessary, to manage in compliance with the applicable legal provisions in this matter, including those relating to the processing of personal data. Keliweb declines all responsibility for any legal consequences and/or sanctions that may arise for the Client from the violation of this obligation, of this contract and of the applicable legal provisions, including those relating to the use of cookies or other tracking technologies. The Client acknowledges and accepts that Keliweb cannot be held liable, to the maximum extent permitted by law, for any violation relating to the processing of personal data committed by the Client or by third parties, including any inaccuracy in the information provided in the privacy policy or in the indications relating to the cookies used on the website. The Customer declares to hold Keliweb harmless from any request for compensation, indemnity or sanction relating to or connected to the processing of personal data carried out by the Customer and to compliance with the legislation on the protection of personal data applicable to the processing activities carried out by the Customer.

2.9 Keliweb reserves the right to immediately suspend the Service, even upon notification by third parties, if: (i) the Customer substantially or repeatedly violates this TOS, laws, or uses the Service for illicit purposes; (ii) Keliweb is required to act in this way to comply with a law or an order from the Authority; (iii) Keliweb believes, in a reasonable and well-founded manner, that the Customer's conduct causes damage or liability for another Customer, a third party or the Company itself; (iv) the Customer introduces indisputably illicit content through the services and products.

2.10 In the cases mentioned above, the Customer, also following communication via email by Keliweb, must immediately eliminate the causes of the dispute or provide suitable documentation proving the full compliance of the activity carried out by him with the applicable legislation. In the event of failure to respond immediately, Keliweb will have the right to immediately terminate the contract, without prejudice to the right to full payment of the fee and the right of Keliweb to full compensation for damages suffered.

Art. 3 - DURATION - RENEWAL - WITHDRAWAL

3.1 In order to allow the Customer to test the features of the Service, Keliweb may decide - at its sole discretion - to offer the Customer the possibility of benefiting from a free period of use and not binding on the definitive purchase of the Service equal to 30 (thirty) days (hereinafter, “Trial Period”).

3.2 The Service in which a Trial Period is foreseen (“Trial Service”) is perfected when the Customer proceeds to activate the Trial Period.

3.3 When activating the Trial Service, the Customer must still indicate his/her credit card details to proceed with the activation of the Trial Period, and, if the Customer intends to proceed with the definitive purchase of the Service at the end of the Trial Period, with the payment of the Service and any further renewals. The customer's credit card will be associated with the Customer's profile on the Stripe portal, which will return a token that will be saved in the Keliweb S.r.l. systems.

3.4 The Customer will purchase the Trial Service definitively if he/she does not communicate his/her intention not to proceed in this way within 7 (seven) days prior to the expiry of the Trial Period. In this case, Keliweb will charge the Customer the fee for the requested Service, by charging it to the credit card. In the event of definitive purchase of the Service, the same will continue without interruption after the Trial Period and will remain active for the duration foreseen in the commercial offer. If, however, the Customer communicates to Keliweb his/her intention not to proceed with the definitive purchase of the Trial Service within 7 (seven) days prior to the expiry of the Trial Period, the use of the Service will end at the expiry of the Trial Period, with consequent cancellation of the data relating to the Trial Period and exemption of Keliweb from any liability in relation to said cancellation.

3.5 Upon expiration, in the event of failure to renew, this Agreement will cease to produce its effects and Keliweb, consequently, will interrupt the provision of the Service. Consequently, the website subject to the Service will no longer be visible. The contents published by the Customer may be recovered with the renewal of the Service, at a cost of €49.00 plus VAT within 30 (thirty) days and no later than 120 (one hundred and twenty) days from expiration.

3.6 Each Party shall have the right to withdraw from the Contract by written notice to the other Party, with at least 30 (thirty) days’ notice. After this period, this Contract shall be deemed terminated and the Service shall be deactivated. In the event of the Client exercising the right of withdrawal, Keliweb shall not reimburse the fees for services not yet performed; in the event of withdrawal by Keliweb, it shall reimburse the Client for the portion of the amount paid corresponding to the days not used until the natural expiry of the Service, minus the costs to be incurred or incurred. Any further reimbursement, compensation or reimbursement in favor of the Client is excluded.

3.7 The Customer, a natural person who requests the provision of a service for purposes other than his/her professional activity (“Consumer”), will have the right to withdraw freely without having to provide any reason within 14 (fourteen) working days following the conclusion of the relevant contract, pursuant to and for the purposes of art. 52 of Legislative Decree 206/2005 (“Consumer Code”). The withdrawal may be exercised by the Customer, pursuant to art. 54 paragraph 1 of the Consumer Code, using the withdrawal form in Annex I, Part B of the Consumer Code or by presenting any other explicit declaration of his/her decision to withdraw from the contract, to be sent to Keliweb S.r.l., Via Mario Cozza n. 7 makes (CS), by opening a support ticket from your control panel, or via PEC to the address support@kelipec.it before the expiry of the withdrawal period. The burden of proof relating to the correct exercise of the right of withdrawal, in accordance with the procedure indicated above, lies with the Customer. Following the correct exercise of the right of withdrawal by the Customer, Keliweb will, pursuant to art. 56 paragraph 1 of the Consumer Code, within and no later than the following 14 (fourteen) days, reimburse the same for the payments received from them. Keliweb will carry out the refund using the same payment method used by the Customer for the initial transaction, unless otherwise expressly agreed with the Customer and provided that the Customer does not incur any costs as a consequence of using the different payment method.

Art. 4 - RIGHTS ON THE CONTENTS OFFERED BY THE SERVICE

4.1 Through the Service, the Customer obtains a non-exclusive, non-transferable and limited license to use the online management panel for the creation and publication of his/her own website valid for the duration of the Service purchased by the Customer, in compliance with these TOS and the conditions indicated on the page dedicated to the description of the Service on the Keliweb website.

4.2 All content offered to the Customer as part of the Service, such as, by way of example and not limited to, images, graphics, backgrounds, videos, music, formats, structures, etc. (hereinafter referred to as “Contents”), remain the exclusive property of the respective owners and/or publishers of the Service.

4.3 The Customer acknowledges and agrees that he/she has no ownership rights over such Content and that he/she may use it (i) only within the scope of the Service (ii) online, i.e. on the platform dedicated to the Service and (iii) only during the validity period of the Service.

4.4 The Customer undertakes to comply with the copyright rules relating to the Contents, as defined by the applicable laws and regulations. In this regard, the Customer acknowledges and accepts that the reproduction in any form of the Contents is strictly prohibited without the express authorization of the owner of the same rights.

4.5 Upon expiration of the Service, for any reason, the license will be deemed terminated and the Customer undertakes from now to cease all use of the Content and to delete any Content still at his/her disposal.

Art. 5 - LIMITATIONS OF KELIWEB LIABILITY

5.1 Keliweb reserves the right to carry out maintenance interventions that may involve the temporary suspension of the Service. In the event of interruption, Keliweb undertakes to restore the availability of the Service as quickly as possible.

5.2 Keliweb may, at any time, interrupt the provision of the Service if there are justified reasons of security and/or guarantee of confidentiality, or of protection of its rights or legitimate interests, giving, where possible, prior notice to the Customer.

5.3 Keliweb undertakes to use the best technology of which it is aware and the best resources at its disposal to provide the services and products offered to Customers. Within the limits imposed or deriving from mandatory provisions of law, Keliweb assumes no liability towards the Customer or third parties for damages or prejudice suffered by them (including, by way of example and not limited to, any consequential damage or loss of earnings, loss of profit, loss of business, or decrease in value and/or losses of a similar nature, or loss of goods/value, or loss of domain names, or loss of contracts, or loss of use, or loss or compromise of data and information, or damage to hardware, software or databases, or any type of special, indirect or consequential damage or economic loss tout court) that are caused by or connected to the provision of services and products or to the execution of this Contract, except in cases of willful misconduct or gross negligence directly attributable to Keliweb. Except in cases of willful misconduct or gross negligence by Keliweb and/or its employees and/or its suppliers/sub-suppliers that cause damage to people and/or things, Keliweb's contractual liability will in any case be limited to foreseeable damages directly attributable to Keliweb and arising from violations of this Contract or negligence and may in no way be quantitatively higher than the Fee paid by the Customer in the last 12 (twelve) months for the services and products affected by the damaging event. It is expressly understood that the limitation of liability referred to in this article does not apply to Customers who can be classified as "Consumers", i.e. natural persons who purchase or use the Services for purposes other than any entrepreneurial, artisanal, commercial or professional activity they may carry out.

Art. 6. - FEES

6.1 The terms and methods of payment of the fees owed by the Customer for the provision of the Service are indicated in the commercial offer.

Art. 7 - RESOLUTION

7.1 Failure by the Customer to comply with even one of the provisions contained in these TOS constitutes an essential breach pursuant to art. 1455 of the Italian Civil Code, and entails the right for Keliweb to terminate this Contract.

7.2 The resolution will be effective by right upon simple receipt by the Customer of a communication, by registered letter with return receipt and/or by Certified Electronic Mail, containing the contestation of the non-fulfilment and the intention to avail of the resolution itself.

Art. 8 - FORCE MAJEURE

8.1 Force Majeure means (but is not limited to): any act of God, lightning or fire, internal disturbances, government measures, mobilisation, war, terrorist attacks, obstacles in transport, strike, lock-out, trade disruption, stagnation in supply, unavailability of one or more members of staff (due to illness), epidemics, pandemics, barriers to imports and exports.

8.2 Furthermore, any malfunction or failure of the internet, data, networks, telecommunications and electricity infrastructures and systems, cyber-crime, network attacks, (D)DoS attacks, large-scale information attacks, power outages, widespread computer events suffered by Keliweb or by Keliweb's sub-suppliers are considered Force Majeure.

8.3 The party suffering the Force Majeure event will not be deemed to be in breach of this Agreement or otherwise liable to the other party for any delay or failure to perform any obligation (and the time for performance will be extended accordingly) if and to the extent that the delay or failure is due to a Force Majeure event. This clause does not extend to the obligation to pay any amount due, which shall still be due after the Force Majeure event has ended, subject to clause 8.4 below.

8.4 If the Force Majeure event persists for a continuous period exceeding 1 (one) month from the start date, the other party shall have the right to terminate this agreement by giving written notice to the party affected by the Force Majeure event with no less than 7 (seven) working days' notice.

Art. 9 - APPLICABLE LAW AND JURISDICTION

9.1 This Agreement and all rights and obligations arising hereunder shall be governed by and construed in accordance with Italian law.

9.2 Any dispute concerning this Contract or arising from this Contract or its execution will be referred to the exclusive jurisdiction of the Court of Florence. In the case of a Contract stipulated by a Consumer, the Court of domicile or residence of the Customer will have jurisdiction.