These rules govern the use of services from this site and regulate the relationship between DeltaTech S.r.l. (hereinafter referred to as the Company) and the User (natural or legal person), hereinafter referred to as the Customer.
The services consist in the provision of software tools for the management of obligations arising from European and national legislation on the protection of personal data, in particular the GDPR , by the economic activities of any sector. The subscription to the services allows you to manage these obligations in complete autonomy.
The use of the service responds to needs deriving from the exercise of economic activities of several types and therefore the Customer does not assume the status of consumer and the related law is not applicable.
In addition to the right to unilaterally modify the economic and contractual conditions, the Company also reserves the complete right to reformulate the commercial offers aimed at the public at its sole discretion, at any time and without any constraint, keeping the services still in the possession of the Customers at the time of modification or by converting them into other services with the stated exclusion of any refund.
The services have fee-based pricing and allow you to use those active in your account according to the selection made by the Customer.
The service does not provide for tacit renewal and therefore, at the end of the subscription period, the Customer has the right to renew the service by paying the fee for another year of subscription. It is also possible to change the composition of the services to be used by eliminating or adding one or more options among those available at any time.
The expiry of the subscription period is unique for all active options and refers to the initial purchase date. The sum to be paid for options added after the initial purchase or at the annual expiry is calculated taking into account the period of use from the purchase up to the original subsequent natural expiry.
In the event of options being eliminated before their natural expiry, the unused periods are not refundable under any circumstances and the choice takes effect from the original natural date of renewal of the services.
Customer can renew the service even only partially, even for a lower number of licenses and options, by deleting them from own account before carrying out the renewal operation except any requirements that bind licenses and options.
The subscription to the services purchased by the Customer is non-refundable, has an annual expiry and cannot be transferred to other users. The subscription period starts from the date on which the purchase is completed.
Subscriptions to the paid service can be purchased within the reserved area of the Site and, if the configuration allows communication with the outside, also directly from the application. The details of the prices are shown on the service composition web page.
The following payment methods are available: Advance bank transfer or Credit Card. Payment by credit card takes place via Banca Sella's GestPay platform and allows payment with the most common credit cards, as well as with the PayPal payment system.
If you pay by credit card, credit is immediate and the services purchased are made immediately available (7 days a week, 24 hours a day).
Paying by bank transfer, Customer have to wait two or three working days for our operators to take a look of the payment and conclude the order.
The use of cloud services requires a broadband Internet connection (see point 10 below - Availability of cloud services).
Regardless of the availability of an Internet connection, recent and updated operating systems and possibly virtualization systems (for non-Windows systems) is required. The Company does not guarantee optimal operation on outdated computer systems older than Windows 10.
The Customer is required to verify, before purchasing any service, the proper functioning of their IT systems.
The offered services are aimed at a professional public who use them in the context of their business or professional activity, therefore the Customer cannot be qualified as a "consumer" and the related law is therefore not applicable to these conditions. In any case, the Company grants the Customer the right to withdraw from the purchase made by sending, strictly no later than 7 natural and consecutive days from the date of the order, a communication by registered mail, fax or email message.
The exercise of the right of withdrawal in the times and in the ways above specified , entails the return of the amount paid, net of any bank charges and commissions. The amount due will be credited to the Customer in the requested manner within a maximum time of 15 days from receipt of the communication sent by the Customer.
The Company may withdraw from the Contract at any time without notice, without the obligation to give reasons and without paying penalties, by giving written notice to the Client if:
1. the provision of the Service is prevented by force majeure for more than 10 days continuously;
2. the security parameters of the Service dependending on the connection systems are altered due to a fact attributable to the Customer;
3. the Customer operates in violation of the law or the rights of third parties or in any case when his behavior involves DeltaTech in legal disputes of any kind and nature;
4. the provision of the Service is interrupted for reasons attributable to the Customer (by way of example but not limited to: non-payment of any amount owed by the Customer to the Company in relation to the Service, situations of anomalous use detected, exhaustion of the resources of the Service dedicated to the Customer, any violation of the obligations assumed by the Client with the Company in relation to the Service).
In such cases, the Company reserves the right to deactivate the Service, expressly excluding any liability of the same for the exercise of the right of withdrawal and/or for the Client's failure to use the Service. The communications provided for in this article will be sent to the Customer at the email address indicated by the same when registering for the service.
Invoices relating to purchase orders are addressed to the owner of the account from which the operation is carried out.
Invoices relating to purchase orders are addressed to the owner of the account from which the operation is carried out. Invoices are generated together with the successful outcome of the payment, unless otherwise agreed between the parties, and a courtesy copy is automatically sent to the email address linked to the Customer's account. Invoices are composed in electronic format according to current regulations and can be downloaded by the Customer at any time with the appropriate tools at his disposal.
The Company providing the services does not guarantee that the results obtained meet the Customer's needs nor does it assume any responsibility deriving from direct or indirect damages caused by improper use as well as errors inherent in the program itself, not even in the event that the Company has been previously informed that such damages may occur or have already occurred; the buyer is therefore responsible for the choice and use of the services, as well as for the results obtained.
In no event will the Company providing the services be liable for damages (including, without limitation, damages for loss or loss of earnings, business interruptions, loss of information or other economic losses) deriving from the use or inability to use services, even if the Company has been advised of the possibility of such damages; in any case, the liability of the Company, pursuant to this agreement, will be limited to an amount corresponding to that actually paid for the use of the service which is the subject of the dispute. The deadline for sending any complain is limited to 7 days from the specific function of the service rendered which is the subject of the dispute.
The Customer is aware of the fact that the effective availability of the cloud services is conditioned by the possibility of accessing the Internet; therefore any malfunction, lack of connection, slowness of the network, interruptions of various kinds, malfunctioning of equipment, etc., cannot in any way be charged to the Company.
The Company undertakes to timely communicate any scheduled maintenance operations which may temporarily lead to the interruption in the provision of services. In any case, these operations will be carried out at times and days such as to minimize the inconvenience to users of the services.
The title and copyright relating to the services (including, but not limited to, any images, photographs, text, integrated into the services and reports created, digital and printed material, etc.), are owned by the Company. The software is protected by copyright laws and international treaty provisions, therefore the Customer must treat it like any other copyrighted product.
Acceptance of these conditions is a necessary condition for the Company to provide technical assistance to the Customer. It is the Customer's responsibility to check the technical conditions of its equipment and the fulfillment of each technical requirement necessary for the correct use of the services made available.
Technical assistance is normally provided by opening assistance tickets on the Company's website, commercial assistance via webchat. For special cases, the Company reserves the right to intervene by telephone in ways to be agreed from time to time with the Customer.
All the services available on the site are subject to a continuous and permanent review and maintenance activity. There is no guarantee that changes that may be made will continue to meet Customer's needs.
The most significant changes can be communicated to the Customer via email. The same conditions contained in these Rules apply to the new services that will be added over time.
All the contractual documents relating to the provision of the service can be consulted in the Customer's personal area, accessible using credentials.
For any controversy the court of COSENZA (IT) will be competent.
All the clauses and conditions of the articles are expressly approved under the italian legislation, pursuant to and for the purposes of articles 1341 and 1342 of the Civil Code: Services available, Subscription usage and availability, Withdrawal, Warranty limits, Limits of liability, Availability of cloud services, Copyright and ownership of the elaborations, Assistance, Updates, Jurisdiction.