General conditions

General conditions of Cloud Supply

Basic Rules

• art. 1 - Definitions
  1.01 For the purpose of the application and interpretation of this contract, the terms and expressions used will have the following meaning:
  (a) "CLIENT": indicates the company or the natural person acquiring who acts for business and/or professional purposes and, when applicable, as a reseller of the Service;
  (b) "Data Center": indicates the building or part of it dedicated to the provision of IT and telecommunication Services;
  (c) "Data": indicates any data or information of a commercial and/or personal, public or private nature, processed by the CLIENT in the context of the use of the Service;
  (d) "Service": indicates the specific service provided by CORETECH according to the characteristics indicated in the supply conditions;
  (e) "Policy": rules of conduct that define the operating methods and the expected behaviors for the correct use of the services provided by CORETECH as well as the tools and methods for inhibiting violations and/or abuses;
  (f) "SLA - Service Level Agreement": indicates the rules for the provision of services and the objective reference parameters for monitoring the guaranteed quality level as well as the percentage of reimbursement in the event of disservice and are displayed on the web page at the address: SLA_servizi.php: SLA_servizi.php;
  (g)" Managed ": indicates the management of the Service by CORETECH according to the service specifications indicated in the SLA; (h) "Unmanaged": indicates the management of the service directly by and under the responsibility of the CLIENT;
  (h) "Unmanaged": indicates the management of the service directly by and under the responsibility of the CLIENT;
  i) "Log": a file where all operations performed by the user during every single access to a web server are recorded. The following are detected: date, time, the document displayed, user's IP address, URL from which the user arrived, user's browser, operating system and information from cookies;
  (j) "Suspension or Interruption of the Service": indicates the total impossibility, respectively, temporary or permanent, to use the services covered by the contract through any means of telecommunications;
  (k) "Backup": indicates the procedure for copying the CLIENT's archived data on physical or virtual space dedicated to the conservation of such data;
  (l) "Disaster recovery test": indicates the effectiveness and efficiency tests by the CLIENT of the data recovery procedure activated with the backup;
  (m) "24/7/365": acronym used in the contract to indicate continuity 24 hours a day, 7 days a week, 365 days a year, without prejudice to the hypotheses of interruption or suspension of the service provided for in these Conditions;
  (n)" Reserved area ": the computer "area" made available through the CORETECH website, in which the CLIENT can manage and configure the service;
  (o) "Contractual communications section": space in the reserved area where to find the negotiation documents governing the service between CORETECH and the CLIENT;
  (p) "Access credentials": two alphanumeric codes respectively login and password, delivered to the CLIENT by CORETECH for the management of the service and to access the reserved area;
  (q) "Order Form": the so-called form, completed in its entirety by the CLIENT, with which the CLIENT identifies the service to be activated and submits the activation request to CORETECH;
  (r) "Pricelist": the web pages contained in the CoreTech website are accessible through the menu item "price lists" at the top right, whereby clicking on the single service it is possible to set it up according to your needs with contextual price calculation and delivery times;
  (s) "Confidential information" any information, and/or documentation, and/or material and/or tool and/or research and development program received by CORETECH directly or indirectly, on any medium (by way of example but not exhaustive paper, electronic or even verbally), indicated as "confidential", "proprietary" or with similar terms affixed with the purpose of signaling the confidential and/or confidential nature of the information itself or in any case that information which by content, nature or circumstance is normally considered confidential in the business environment. By way of example, the performance, characteristics, configurations, technical specifications of the service, estimates, audit or safety reports, product development plans are considered confidential.
  
  

• art. 2 - Object of the contract
  2.01 This contract governs the supply by CORETECH of IT services, as an obligation of means, according to the configuration chosen by the CLIENT among those available, governed by these conditions and supplementary documents as indicated below
  2.02 For the technical details and the equipment of the services, the rules of use and the quality levels, reference must be made to the "Policy" and "SLA - Service Level Agreement".
  
  

• art. 3 - Services not included in the contract
  3.01 The services provided for in these supply conditions cannot be used concerning CLIENT activities that present a high level of environmental or human health risks, including, by way of example, clinical or hospital activities, chemical, nuclear, transport dangerous or mass.
  3.02 In such cases, CORETCH makes itself available to negotiate with the CLIENT the supply of a suitable personalized service.
  3.03 During the commencement of the service provided for in these supply conditions, the CLIENT undertakes to verify the compatibility of the service offered with the risks associated with its business and, if necessary, to request the personalized service referred to in the previous point or in any case to cancel the service if no longer suitable.
  3.04 The CLIENT accepts and assumes all risks and any consequential damages whether he does not comply with this article, freeing CORETCH from any liability as of now.
  
  

• art. 4 - CLIENT technical expertise
  4.01 The CLIENT declares to have the necessary technical expertise to correctly manage the purchased Services.
  4.02 The Services configuration is managed directly by the CLIENT who declares to be fully responsible, also towards third parties and for which he assumes all relative risks.
  4.03 In the event that the CLIENT does not have the necessary technical expertise, he undertakes to contact his own trusted technician, even during the supply, except to make use of the maintenance and assistance services provided by CORETECH which may be negotiated separately.
  
  

• art. 5 - Contractual structure
  5.01 The contract for the supply of CORETECH services is governed by the following negotiation documents:
  (a) General conditions of supply or more simply Conditions, of which the following are part:
  (a1) “Summary table of the characteristics of the services provided by CORETECH, shown in the attachment and found on the web page: SLA_servizi.php: SLA_servizi.php;
  (a2) DPA Data Processing Agreement, attached to this contract;
  (b) Service policy, as defined in the following section III "General policy rules on the use of services" of these Conditions and without prejudice to what is indicated in point 20.02;
  (c) SLA - Service Level Agreement, reported on the web page: SLA_servizi.php: SLA_servizi.php;
  (d) Order form, placed in the initial part of these Conditions;
  (e) Pricelist found on the web page indicated in the previous point 1.01(r).
  5.02 Documents a), b), c), d) are approved with digital signature by the CORETECH representative and are available to the customer in his reserved area in the "contractual communication" section, together with the updated versions.
  5.03 The CLIENT acknowledges and accepts that the only contractual documents to be trusted are those indicated above in Italian, therefore any translations will be made available to him as a mere courtesy and not binding.
  
  

• art. 6 - Completion of the contract
  6.01 The completion of the supply contract takes place from the date of approval of the order form by CORETECH, which will send the CLIENT the relative confirmation with the methods of order fulfillment.
  6.02 CORETECH reserves the right to reject the order form for just reasons, of which it will notify the CLIENT.
  6.03 In any case, the order form that is not completed in its entirety will not be taken into consideration by CORETECH.
  
  

• art. 7 - CLIENT identification data and communication methods
  7.01 The CLIENT undertakes to communicate to CORETECH his identification data, as identified in the order form and also guarantees that the aforementioned data are correct, updated and truthful and that they identify his true identity, communicating any changes within and no later than fifteen days (15).
  7.02 CORETECH may at any time request the appropriate documentation to prove the CLIENT's identity (by way of example, updated chamber of commerce registration, valid identification document of the owner or legal representative and tax code).
  7.03 The contractual communications must be sent in writing via PEC (Certified Electronic Mail) to the address declared to the C.I.A.A. or even that indicated by the CLIENT in the order form if different. The PEC of CORETECH is as follows: coretech@pec.coretech.it.
  7.04 If the CLIENT does not have the PEC required by law or if it is discontinued and/or not working, communications can be made by registered letter with return receipt.
  7.05 In the event that it is not possible to send the CLIENT by the means indicated above, the communication can be made by filling in the "Contractual communication" section and by sending an email notice at the same time and will have an effect on the CLIENT after seven days from the deposit.
  7.06 For normal maintenance or technical assistance communications, as well as in the case provided for in the previous point, the e-mail address stated by the client in the order form can be used, who in turn can use the email support@coretech.it.
  7.07 As a mere courtesy, without this, constituting an obligation for CORETECH, the sending of the certified e-mail may be accompanied by the sending of an email notice to the CLIENT.
  7.08 In any case, the CLIENT can still validly use the web form in the "Contractual communications" section to communicate with CORETECH, which will issue a suitable receipt to the CLIENT.
  7.09 The parties undertake to use only the Italian language in their communications.
  7.10 This article applies in any case in which communication must be made between the parties.
  
  

• art. 8 - Consumers
  8.01 In the event that the Service applicant is a consumer, these supply conditions do not apply, but specific conditions are agreed with CORETECH.
  8.02 Unless expressly stated otherwise, the CLIENT is presumed to be acting for professional or business purposes and is not qualified as a consumer.
  
  

• art. 9 - Independence and reciprocal autonomy
  9.01 CORETECH and the CLIENT each operate as independent and autonomous entities concerning their entrepreneurial activities, for which each is individually and directly responsible, in any case having to exclude any form of qualification of the relationship in associative, corporate or other terms.
  
  

• art. 10 - Limitation on the hiring of CORETECH staff and penalty clause
  10.01 For the entire duration of the contractual relationship and for the two years following termination or expiry, the client undertakes not to hire and/or establish any employment or collaboration relationship, either directly or through third parties, with employees and/or consultants external parties of CORETECH who carry out or have carried out consultancy activities for the CLIENT on behalf of CORETCH in the last three years.
  10.02 In case of violation of this obligation, the CLIENT must pay a penalty according to art. 1382 of the Italian Civil Code, for each person, a sum equal to 5% of the turnover of CORETECH, calculated on the average of the last three years, except in any case for evidence of greater damage.
  
  

• art. 11 - Applicable Law, Applicable Language, Disputes and Exclusive Court
  11.01 The supply of CORETECH Services is governed by Italian law, without the United Nations Convention on the international sale of goods being applied.
  11.02 All possible out-of-court activities including all alternative instruments to litigation (A.D.R.) whose experiment is mandatory under the law, must be carried out in Italian and based in the Municipality of Milan.
  11.03 Any dispute relating to the interpretation, execution, resolution or otherwise that is entitled in the supply contract will be devolved solely to the Italian jurisdiction and to the exclusive jurisdiction of the Court of Milan.
  
  

Provision of the service

• art. 12 - Methods of supply
  12.01 The services will be provided in the manner described and according to the quality characteristics indicated in the reference "SLA - Service Level Agreement".
  12.02 CORETECH guarantees the location of its servers in data centers in Italy with a minimum level of TIER 4 certification and in premises suitable for the purpose and managed by specialized technical personnel, without prejudice to the possibility of using other data centers of the same quality level, located elsewhere, for greater efficiency and safety of the service.
  12.03 With the activation of the Service, the Customer can start managing the service for which he will be solely responsible through the console located in his reserved area.
  12.04 The CLIENT may not directly or through third parties, modify and/or alter the configuration of the Services, unless expressly agreed in writing with CORETECH or unless this is foreseen by the characteristics and purposes of the Service.
  
  

• art. 13 - Compliance with the instructions for use of the service
  
  13.01 The CLIENT may proceed directly to use the service, subject to compliance with the appropriate procedures communicated during the activation phase.
  13.02 The procedures for using the service are found in specific areas of the site indicated in the activation phase.
  
  

• art. 14 - Exclusive responsibility of the CLIENT for services
  14.01 Given the independence and autonomy of management of the Services by the CLIENT, CORETECH, concerning each service, does not assume any general surveillance obligation, therefore it does not control or supervise the conduct or acts put in place by the CLIENT, its assignees, and/or third parties who have access to it, or does not control or manage in any way the data used with the service.
  14.02 It is understood between the parties that it is the CLIENT who decides, under his responsibility, how to use the single service and the data entered therein, with the exclusion of any contribution and/or interference by CORETECH.
  
  

• art. 15 - Modification of the characteristics of the Service
  15.01 The CLIENT acknowledges and accepts that the Services covered by this contract are characterized by constantly evolving technology and that for these reasons CORETECH has the right to modify the technical characteristics, equipment, supply methods, location of servers and suppliers, and to vary the conditions of the offer at any time and without notice, when this is made necessary by technological evolution and by supply and/or organization needs and for the improvement of the Service.
  15.02 For contracts closed before modifications or variations, Service quality levels not lower than those agreed will in any case be guaranteed.
  15.03 The CLIENT's right of withdrawal is provided for by the following art. 33.
  
  

• art. 16 - Technical assistance and maintenance
  16.01 CORETECH will provide hardware and software technical assistance, whether required by the Service, aimed at maintaining the same level of efficiency.
  16.02 In any case, they do not fall within the obligations of these conditions for disservices and/or failures caused or directly attributable to the fault of the CLIENT.
  16.03 For the resolution of these problems, CORETECH intervenes with its technical staff by charging a price according to the pricelist in force at the time of the request.
  16.04 In the case of scheduled maintenance interventions, CORETECH undertakes to inform the CLIENT well in advance and in any case at least one week, through the web page www.coretech.it/it/service/systemStatus/. These interventions will be part of the normal maintenance of the service and are henceforth accepted by the CLIENT as such, with the exclusion therefore that they may constitute a reason for inefficiencies and/or malfunctions of the Service itself.
  16.05 The CLIENT, once received the scheduled maintenance notice, will carry out, with due diligence, a suitable backup of their data, so that they can also be restored independently from the resumption of activation of the services.
  
  

• art. 17 - Methods of communicating malfunctions and terms of intervention
  17.01 In case of detection of inefficiencies and/or malfunctions of the service, the CLIENT is required to notify according to the previous art. 7 to CORETECH, which will be activated within a reasonable time.
  
  

• art. 18 - Backup
  18.01 It is the CLIENT's obligation and responsibility to manage its backup, with due diligence, concerning the purchased Service and in a way to allow it to be restored, using the technical methods that an expert in the sector would apply, also by regularly checking its proper functioning, also through disaster recovery tests.
  18.02 CORETECH solely provides the Service relating to the functionality of the backup mechanism, without understanding the correctness of the configuration of the copy of the data, which is up to the CLIENT as mentioned above.
  18.03 CORETECH also provides, on an optional payment basis, the possibility of storing backup copies on two data centers for a higher guarantee of data recovery, a choice that is only up to the CLIENT to evaluate in the context of their acceptance of the IT risk.
  
  

• art. 19 - Information security and responsibility in the use of system access keys
  19.01 If the Service provides for the assignment and use of one or more credentials, the CLIENT is required to keep them with the utmost diligence and confidentiality and not to transfer or grant them to third parties or otherwise to do so under their complete responsibility.
  19.02 In case of theft, damage or loss of confidentiality of the credentials, the CLIENT undertakes to promptly notify CORETECH.
  19.03 The CLIENT is responsible for the use of the service accessible through credentials and therefore will also be responsible for allowing the use by unauthorized third parties.
  19.04 The CLIENT may make available to CORETECH the access credentials to the services, to obtain assistance according to the methods agreed between the parties.
  19.05 The parties agree that the "logs", if the Service grants for their activation, certifying the operation of the service generated and stored by CORETECH constitute full proof of the acts performed by the parties.
  
  

General policy rules on the use of services

• art. 20 - General policy rules
  20.01 The CLIENT undertakes, for himself and for all those who allow the use of the Services, to manage them in good faith and to use them exclusively for lawful purposes and allowed by the provisions of the law applicable from time to time, by the uses, by the diligence and in any case, without infringing any third party rights and taking all responsibility.
  20.02 The CLIENT also undertakes to comply with the specific "Policy" of the service, which can be found in the CLIENT's reserved area, "contractual communications" section. In the absence of a specific policy, the rules set out in these conditions still apply.
  
  

• art. 21 - Specific prohibitions on the use of Services
  21.01 By way of example only, the CLIENT undertakes not to violate the following prohibitions on the use of the service and in particular not to manage the following contents in any way:
  spam messages or personal data, in violation of the privacy legislation;
  pornographic material, unless it is reserved for adults and provided within the limits established by law;
  material about child pornography;
  material that is offensive and/or contrary to morality;
  material with purposes opposed to public order and/or national security;
  material that damages the rights of third parties;
  material protected by copyright laws;
  material illegally owned (eg non-original software, music and videos, in any format created, not original);
  information or databases without compliance with current legislation;
  non-legal sharing material in peer to peer networks.
  21.02 It is forbidden any activity in violation of the privacy legislation or qualifying as a crime according to Italian law, or, in any case, aimed at unauthorized access to data, systems or networks, including any attempt to assess their vulnerability, therefore by way of example, carry out any intrusion or attempted intrusion operation, (port scan, sniffing, spoofing ...), attacks using pirated software, cracks, key generators, serials, spidering, cyber attacks any kind, including through viruses or other components or similar methods.
  21.03 The CLIENT undertakes to respect the rights of third parties, personal rights, intellectual property rights such as copyrights, patent or trademark rights and, in general, any industrial and intellectual property rights existing in headed to third parties. The CLIENT acknowledges the prohibition to make available to the public, through the services provided by CORETECH, files or hypertext links or in any case content that violates the copyright and/or intellectual property rights of third parties and undertakes to respect them.
  21.04 The CLIENT undertakes to verify, before using the services, that he owns all the authorizations, licenses and certifications necessary to use the service provided and/or for the use he intends to make of it and/or for its resale to third parties if provided.
  
  

• art. 22 - Appropriate use of services
  22.01 The CLIENT undertakes not to install software and/or to carry out operations that may interfere with the efficiency and safety of the servers and other CORETECH equipment or with the data contained therein, as well as to check the correctness of the code of the executable languages (ASP, PHP, PERL and similar) which could affect the stability of the webserver hosting the service.
  22.02 In case of doubt, the CLIENT may ask CORETECH for a paid consultancy, the remuneration of which will be agreed between the two parties.
  
  

• art. 23 - Notice to the competent authorities
  23.01 CORETECH does not undertake any obligation to verify compliance with what aforementioned but reserves the right to inform the competent judicial authority in case it becomes aware of abuses and violations committed by the CLIENT in the use of the service, without prejudice to the right to suspension of the service provided for by the following art. 34.
  
  

• art. 24 - "Sample" checks
  24.01 CORETECH reserves the right, at its sole discretion, to carry out "sample" checks to verify compliance with the supply contract.
  
  

Fees and payment methods

• art. 25 - Fees and variations
  25.01 The consideration for the services purchased, also indicating the payment methods, is that indicated in the price list, net of VAT, accessible from the website www.coretech.it at the time of submitting the request to purchase the service.
  25.02 CORETECH reserves the right to adjust the consideration for services to changes in consumer prices according to the annual Istat indices.
  25.03 For all increases related to new taxes, existing taxes, increase in application licenses (Microsoft, VMWare, etc ...), cost increases related to electricity or anything else strictly related to the proper functioning of the systems, CORETECH reserves the right to charge the related costs with immediate effect compatibly with the new price lists that will be published. The first invoice will indicate the increase and the related reasons.
  25.04 The CLIENT can always exercise the withdrawal according to art. 33 and in any case with the payment of the invoice the increase will be considered accepted.
  
  

• art. 26 - Methods of payment - Terms for disputing invoices under penalty of forfeiture - Loss of benefit of the term and suspension of the supply
  26.01 The CLIENT acknowledges and accepts that, unless otherwise agreed in writing, the payment of the consideration for the services is made in advance of the provision of the service itself. In the event of a different agreement, the payment methods will be indicated on the invoice.
  26.02 In case of late payment of the fee for the service, default interest will be applied according to Legislative Decree 231/2002 or, in the event of inapplicability of this legislation, default interest at the legal rate increased by 5 percentage points.
  26.03 The CLIENT expressly acknowledges that the invoices sent by CORETECH are approved and recognized for all legal purposes if they are not contested and within the limits of the dispute, within the term, under penalty of forfeiture, of forty-five (45) days from their receipt. After this deadline, no dispute can be raised by the CLIENT and the invoice will be considered binding between the parties as an accounting document suitable to demonstrate the credit accrued by CORETECH and the obligation of the first to pay the amount provided therein, plus any default interest due by law.
  26.04 Any disputes must be sent to CORETECH via certified e-mail, with a specific indication of the items indicated on the invoice and a detailed description of the reasons that caused the dispute, attaching the supporting documentation if necessary. The proof of the dispute is charged to the CLIENT exclusively by showing the immediately sent certified e-mail of delivery.
  26.05 In the event of failure to pay even a single invoice within the terms and in the manner agreed upon, the CLIENT will forfeit the benefit of the term, with the consequent right of CORETECH to request immediate payment of all invoices, even if not overdue, as well as to compensate any sums. due and to suspend the supply according to the following art. 34.
  26.06 In the case provided for in the previous point, any supply may continue only upon advance payment and subject to a different agreement provided that CORETECH does not decide to withdraw from the contract according to the following art. 33.
  26.07 The payment of the invoice implies acceptance of the same by the CLIENT, with consequent forfeiture of any possibility of contesting the invoice itself.
  
  

• art. 27 - "Solve et repete" clause - Prohibition to make exceptions to the payment request
  27.01 The CLIENT cannot make exceptions to avoid or delay, suspend, defer or reduce the payment request, not even in the event of a dispute, nor can the amount be offset with any credits that the latter may claim against CORETECH, also relating to other contracts, unless otherwise expressly agreed in writing between the parties.
  
  

Sharing of risks and responsibilities

• art. 28 - Breakdown of risks associated with services
  28.01 CORETECH operates as a service provider and undertakes to maintain constant efficiency of the same, except as indicated in the following points.
  V28.02 The CUSTOMER acknowledges that the correct functioning of the services provided also depends on factors external to CORETECH that present risks, even unpredictable ones, which may determine the interruption, suspension, failure to restore the service or the total or partial loss of data or other prejudices to the CLIENT, such as:
  - interruptions or slowdowns and / or difficulties in accessing the Internet;
  - interruptions, malfunctions, failures of the access lines of the network systems and/or equipment dependent on the providers of communication services, electricity, the data center structure, or other suppliers;
  - damaging actions, individual or organized, also through connection to the network, which may include criminal activities, sabotage, attacks by computer pirates, hackers, crackers, viruses, etc .;
  - culpable or malicious behavior of the CUSTOMER himself or his collaborators, including the failure to perform, with due diligence, backup copies of their data and IT systems;
  - fires, vandalism, natural disasters and catastrophic events, including malicious ones, also relating to the structures used by CORETECH to provide the service;
  - other risk factors that cannot be determined a priori, even if foreseeable in the abstract.
  28.03 In the event that CORETECH, while using its already tested and regularly updated service management procedures, according to technical parameters that can be shared by an expert in the sector and chosen its suppliers without gross negligence or willful misconduct and despite this, the above risks materialize indicated, any prejudicial consequences that give rise to damage to the CLIENT are to be considered as a risk assumed by the latter and not refundable, as a contractual risk shared between the parties.
  28.04 In case of verification of a harmful event deriving from the risks indicated above, CORETECH will draw up a report on the verified event and in which it will indicate the adoption of the management measures indicated in the previous point and this will lead to the presumption that the event falls within the risks to charged to the CLIENT, as indicated above.
  28.05 The CLIENT will be able to demonstrate, with the burden of proof against him, that the event is not a materialization of the risks indicated above, but depends on behavior directly attributable to CORETECH provided it is grossly negligent or malicious.
  28.06 In the event that the CLIENT deems he wishes to further reduce the aforementioned risks, he can evaluate together with CORETECH the design, as appropriate, of personalized services as indicated in the previous art. 3 and/or to purchase the optional backup service with storage on two data centers as provided for in the previous point 18.03.
  
  

• art. 29 - Liability of the CLIENT
  29.01 The CLIENT is responsible for all data contained in all physical and virtual spaces made available to him with the service, for the dissemination of such data on the network as well as for any violation of current legislation, including copyright caused by data or programs subject to copyright or in any way legally protected.
  29.02 It is the CLIENT's responsibility to verify in advance, assuming all related risks, that the programs or other types of IT documents are compatible with the services provided by CORETECH and in compliance with current legislation.
  29.03 The CLIENT undertakes to enforce the supply conditions also to all those who in any capacity use the services, without prejudice in any case to their direct responsibility for the use of the services.
  
  

• art. 30 - CLIENT Indemnity
  30.01 For all the activities carried out by the CLIENT using the services provided by CORETECH, from which any extrajudicial or judicial claim of any kind by anyone, even related to the violation of these conditions, may arise against the latter, the CLIENT undertakes to assume all responsibility and to indemnify and hold it harmless as soon as possible, freeing it from the aforementioned claims.
  30.02 The CLIENT will have to directly bear any type of cost, compensation for damages and charges, including any professional expenses, which may arise from such claims, in addition to any further damage suffered by CLIENT.
  30.03 The CLIENT will inform CORETECH, as soon as possible, of any actions that may be brought against it.
  
  

• art. 31 - Limits to CORETECH's liability
  31.01 In the event of malfunctions, disservices, and/or failure to comply with the level of quality guaranteed for the service, CORETECH will respond to the CLIENT exclusively within the limits of the provisions of the reference SLAs and in any case within the limits of penalties mentioned in the following articles, with the CLIENT waiver of any further request for damages and/or indemnities.
  31.02 CORETECH's liability is excluded in the event of temporary suspension of the service and/or for the loss of data and/or information on its servers for reasons not attributable to it.
  31.03 CORETECH is finally not liable for the lack of functionality of subsidiary and/or connected and/or additional and/or interdependent services with the main service of which the CLIENT has canceled or of which for any other reason the supply by CORETECH has ceased...
  
  

• art. 32 - Penalty clauses in case of disservice and for the irreversible loss of CLIENT's data
  32.01 Without prejudice to the provisions of the other clauses, in the event of a disservice greater than that provided for by the SLA, determined on a monthly basis, the CLIENT will be entitled to a refund, as a service credit on the invoice for the following month, compared to the amount paid in the previous month for the same service, calculated as a percentage corresponding to the level of disservice as defined in the service SLA.
  32.02 Without prejudice to the provisions of the other clauses, in the event that CORETECH is, in any case, held responsible, exclusively for willful misconduct or gross negligence, for the irreversible loss of the data backup files, provided that it is correctly performed by the CLIENT, it will be required to pay a fixed penalty equal to the amount spent by the CLIENT in the last year or fraction of a year if lower, concerning the service in which the data loss occurred.
  32.03 Consistent with the above, the CLIENT renounces from now on any further claim, assuming the risk of any further disbursements on his own, as the CLIENT acknowledges the risk-sharing agreed in this contract to be correct and the corresponding penalty to be borne by CORETECH adequate, considering the nature and cost of the service as configured. The CLIENT, therefore, gives full and express permission to this article and also acknowledges that this is considered essential and decisive for CORETECH's acceptance of the contract. The CLIENT, therefore, undertakes to adequately assess and cover itself for the risks associated with its business by designing a personalized service as indicated in the previous art. 3 and/or purchasing the optional backup service with storage on two data centers as provided for in the previous point 18.03.
  
  

Contract duration and changes

• art. 33 - Indefinite or fixed-term supply contract and free withdrawal of the parties
  33.01 The supply contract is to be considered indefinite concerning every single service ordered, with the CLIENT's or CORETECH's free right to withdraw, respectively by sending a written communication to the other party with effect from the expiry of the last day of the following month to that of receipt of the withdrawal.
  33.02 In the event that the price list also includes service offers with a minimum duration under particular conditions, the service contract ends with the expiry of the set period. The CLIENT who chooses this option can still withdraw as indicated above, but in any circumstance, he will have to pay the full amount provided for in the offer within thirty (30) days of receipt of the invoice. However, if the CLIENT does not communicate at least thirty (30) days before the aforementioned deadline that he does not want to continue with the service contract, the contract will continue as an open-ended contract as indicated above and the relative consideration provided for in the current price list will apply. Except for a different agreement between the parties.
  33.03 The CLIENT acknowledges and accepts that any cancellation must be made specifically for each service activated, as there is no hierarchy and/or subsidiarity between them as regards the provision of services. The cancellation of one or more services will therefore not affect the others.
  
  

• art. 34 - Service suspension
  34.01 CORETECH owns the right to suspend, even without notice, without this being contested as a breach, the provision of the service, resulting in the CUSTOMER not being able to access their data, in the following cases:
  (a) the CLIENT violates even just one of the provisions of the supply contract as defined by the previous art. 5, thus including the Policy rules;
  (b) the CLIENT does not respond in whole or in part to the requests of CORETECH within seven days or in any case behave in such a way as to generate a reasonable fear that he is violating the contract;
  (c) the CLIENT fails to provide CORETECH with the appropriate documentation to prove the identity of the CLIENT;
  (d) the CLIENT becomes an active part in attempting to violate the computer systems of CORETECH or third parties employing the service;
  (e) the CLIENT constitutes a situation of danger and/or instability for the CORETECH services or interferes with the security of the servers and other CORETECH equipment or with the data contained therein, as a result of its programming and/or illegal or improper use of the service;
  (f) the CLIENT uses software and/or tools that are defective or not approved or that have operating problems that can cause safety problems or damage people or things;
  (g) the CLIENT is late in paying for the services for more than thirty (30) days;
  (h) there is reasonable evidence to believe that the service is being used by unauthorized third parties;
  (i) there are situations of force majeure or unforeseeable circumstances or in any case, circumstances which, at the sole discretion of CORETECH, require the carrying out of emergency, safety or extraordinary maintenance interventions to avoid harm to people or things;
  (j) if the Judicial Authority orders the suspension of the service;
  (k) in all cases provided for by current legislation.
  34.02 The service suspension may last:
  (a) in the cases referred to in the previous point, from letter (a) to letter (g), until the CLIENT has verified the requests of CORETECH, by means of communication according to art. 7.
  (b) in the case provided for by letter (i), the service will be restored when at the sole discretion of CORETECH, the reasons that led to the suspension no longer exist;
  (c) in the case provided for by letter (j), according to the indications given by the same Judicial Authority, without prejudice, if legally possible, to CORETECH's right to exercise the withdrawal provided for in the previous article;
  (d) in the case provided for by letter (k), according to the indications given by current legislation, without prejudice, if legally possible, to CORETECH's right to exercise the withdrawal provided for in the previous article.
  34.03 During the suspension period due to one of the above causes, the CLIENT is in any case required to pay for the service.
  34.04 The CLIENT will not be able to make any request for compensation or compensation in the event of suspension of the service for one of the aforementioned causes.
  
  

• art. 35 - Express termination clause
  35.01 The supply contract will be terminated by law with immediate effect in the event that the client violates one of the obligations set out in the articles:
  (a) art. 7" CLIENT identification data and communication methods "point 7.01;
  access keys";
  (c) art. 20 "General policy rules";
  (d) art. 21 “Specific prohibitions on the use of services”;
  (e) art. 22 "Fair use of services";
  (f) art. 26 "Methods of payment - Terms for disputing invoices under penalty of forfeiture - Loss of the benefit of the term and suspension of the supply" point 26.01, if the customer is over thirty (30) days late with the payment of even a single invoice ;
  (g) art. 29 "Liability of the CLIENT";
  (h) art. 34 “Suspension of service” concerning point 34.02(a), in the event that the CUSTOMER does not respond within thirty (30) days to CORETECH's request communicated under art. 7.
  35.02 In the cases indicated above, CORETECH will send the CLIENT the communication that it intends to make use of this express termination clause and the contract is terminated upon receipt of the communication.
  35.03 In any case, CORETECH has the right to exercise the withdrawal according to art. 33.

• art. 36 - CUSTOMER data management at the end of the service
  36.01 In the event of withdrawal from the supply contract, the CLIENT, during the notice period, undertakes to perform, under his direct responsibility and with due diligence, the copy of the data stored on the service, verifying their accuracy. Upon expiry of the withdrawal deadline, CORETECH will provide for the complete and irreversible cancellation of the data within a period not exceeding ten (10) days.
  36.02 The CLIENT may also ask CORETECH to deliver the aforementioned copy, upon payment of the fee indicated in the previous point 16.03.
  36.03 In the event that the express termination clause referred to in the previous article applies, the CLIENT, within fifteen (15) days of termination, may ask CORETCH to issue a copy of the data remaining on the service.
  36.04 CORETECH will send a statement of the sums still due relating to the discontinued service as well as the cost for the release of the copy of the data, with the payment methods. The CLIENT must make the payment within ten (10) days and the copy will be issued by CORETECH within fifteen (15) days of receipt of payment.
  36.05 Whether the CLIENT does not request a copy of their data or does not make the payment, within the terms indicated in the previous two points and without prejudice to the provisions of the previous art. 27, CORETECH will provide for the total and irreversible cancellation of the CLIENT's data.
  36.06 In the cases indicated above, in mere courtesy and without being binding on CORETECH, notices may be sent to the CLIENT to invite him to make a copy of his data.
  36.07 Copies of data will in any case be issued according to the technical specifications indicated in the SLA.
  36.08 In the event that the CLIENT, in addition to a copy of his data, intends to receive an image copy of his IT systems, he may request CORETECH for its collaboration by agreeing on the relative remuneration, always without prejudice to technical feasibility.
  36.09 The CLIENT acknowledges and accepts that after the expiry of the aforementioned terms, CORETECH will irreversibly delete the activated services and the data stored therein without the CLIENT being able to claim anything else from CORETECH, since the latter has fulfilled the contract of supply.

• art. 37 - Contractual amendments
  37.01 Unless otherwise provided, by October 30 of each year, CORETECH may deposit in the reserved area - contractual communication section, a written proposal, signed and digitally marked, to modify the supply contract to be applied by January 1 of the following year, which is considered accepted by the CLIENT if, by the aforementioned annual deadline of December 31st, the latter does not notify CORETECH not to accept the proposal.
  37.02 If the CLIENT does not accept the change, the supply contract covered by this regulation will be considered concluded, with effect from the end of the year, the proposed change being valid as withdrawal from the supply contract.
  37.03 If the CLIENT does not exercise the right of withdrawal, the supply contract will continue among the parties by the new measures thus approved.

• 38.01 The CLIENT may not transfer to third parties, neither in whole or part, the supply contract, nor the rights and/or obligations deriving from it, without the written authorization of CORETECH.
  38.02 The total or partial resale to third parties of the services provided by CORETECH is permitted only where expressly provided for by the parties or the characteristics of the service itself and will not constitute a transfer of the contract, remaining, in any case, CORETECH bound by the obligations undertaken only towards the CLIENT.
  38.03 In this case, the responsibilities and limitations established in this contract will work.
  38.04 The CUSTOMER, pursuant to art. 1406 and ss. of the Italian Civil Code, hereby gives its consent so that CORETECH can transfer the supply contracts to third parties, who will maintain the agreed service levels.

Copyright and other intangible assets

• art. 39 - Industrial and intellectual property rights
  39.01 CORETECH is the owner/licensee of the software, the related documentation and of any other information and data that may be provided to the CLIENT in the execution of this contract.
  39.02 It is forbidden for the CLIENT to reproduce, elaborate, publish, disseminate, by any means and in any way carried out, the software and other material owned by CORETECH or of which it is the licensee, except to the extent necessary to use the service.
  39.03 Any material subject of intellectual and/or industrial property rights in favor of third parties that is made available to the CLIENT through the provision of the service, must be used by the latter in compliance with these rights.
  39.04 In case of violation of the foregoing points, the CLIENT takes all responsibility and undertakes to indemnify and hold CORETECH innocent according to the previous art. 30.

• art. 40 - Confidentiality and know-how protection
  40.01 The CLIENT consents to keep confidential and not to communicate to any person, without previous written authorization from CORETECH, the information regarding the procedures and techniques of the service of which the CLIENT becomes aware in the execution of the contract, as well as any other confidential information regarding CORETECH.

• art. 41 - "Domain Registration" domain names
  41.01 In the event that the chosen service provides for the registration of a "domain name" indicated by the CLIENT, CORETECH will forward the registration request to the Authority in charge, without taking any responsibility in case of rejection of this request, or subsequent revocation. In any case, CORETECH constitutes a mere intermediary and will not be held responsible for any damage suffered by the CLIENT in relation to the registration of domain names.
  41.02 The CLIENT consents to renounce the assignment, registration and use of the domain name if the aforementioned appears to involve an infringement of the exclusive rights of third parties. Moreover, the CLIENT undertakes to indemnify and maintain CORETECH safe from any possible prejudicial consequence deriving from the registration and use of that domain name.
  41.03 CORETECH is in no way responsible for any delays, not attributable upon the Company, in the assignment and registration of the domains requested by the CLIENT.
  41.04 In the event of a dispute with third parties regarding the website content, or the registered domain name, CORETECH reserves the right to immediately interrupt the service pending the settlement of the dispute, without prejudice to any refund, indemnity or liability from CORETECH concerning the failure to utilize the services during the interruption period.
  41.05 The CLIENT acknowledges and accepts that the registration of a domain name involves the insertion of his personal data in a publicly accessible register kept at the competent Registration Authority for the chosen extension.

Personal data processing

• art. 42 - Appointment of CORETECH as responsible for the processing of personal data
  42.01 The parties acknowledge that the personal data from the CLIENT, managed through the IT services covered with this contract, are processed by CORETECH only on behalf of the CLIENT and for the sole purpose of providing the said services.
  42.02 In compliance with the privacy policy, the CLIENT appoints CORETECH as the data processor concerning all personal data referred to in the previous point, setting the related obligations as established by the attached DPA (a2), as an integral part of this agreement, that the parties accept and consent to respect.

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