General Terms

Premises – Definitions

The following terms, when used in these General Terms and Conditions of Contract and subsequent supplements, shall have the meanings assigned below, with the understanding that the plural includes the singular and vice versa.

Customer or Licensee: the individual or legal entity that, acting in the exercise of their commercial, industrial, craft, or professional activity, purchases the services of Tublat.com.

Supplements: conditions governing the specific types of Service offered by Tublat.com.

Tublat.com: the company providing services through the website: www.tublat.com, represented by Iannotta Gianluca, with its registered office in Sant’Agata De’ Goti (BN), Frazione San Silvestro 53, PEC [email protected].

Services: the services offered by Tublat.com, governed by these General Terms and Conditions of Contract and the supplements provided for each specific type of service, as detailed below:

1. 1. Social Media: Services involving the dissemination and synchronization of the Customer's contact details and information about their business on major search engines (Google and Bing) as well as on major social networks, maps, and GPS navigators, under the terms and conditions specified in the relevant supplement.
2. 2. Website: Services involving the creation and delivery of a website, including domain registration and the creation of email accounts, under the terms and conditions specified in the relevant supplement.
3. 3. Hosting and/or Domain: Services involving the registration or transfer of domain names and/or the provision of space on one or more servers to host web pages, under the terms and conditions specified in the relevant supplement.
4. 4. Apps: Services involving the design, development, and publication of mobile applications for iOS and Android platforms, under the terms and conditions specified in the relevant supplement.

For services not specifically listed here, the General Terms and Conditions apply, as supplemented or modified from time to time by specific and additional supplements.

Article 1: Formation of the Contract - Subject Matter

This document constitutes a contractual proposal, subject to acceptance by Tublat.com. Tublat.com shall manifest its acceptance by issuing an invoice or by performing the single service requested or one of the individual services commissioned, without the need for notice, notwithstanding Article 1327, paragraph II, of the Italian Civil Code. The contract is irrevocable for twelve months from the date of signature. After this period, the Customer wishing to withdraw from the contract must do so using the "Request Termination" option in the customer area or via Certified Email, with at least 45 days' notice prior to the contractual expiration, sent to the address specified in the premises. Withdrawal will be validated upon written acceptance by Tublat.com.

In the event of withdrawal before the twelve-month term, given that Tublat.com initiates activities to fulfill its obligations immediately upon signing the contract, the Customer must pay Tublat.com the full annual amount for the requested service as compensation.

Article 2: Contract Duration and Withdrawal

2.1 Duration: Unless otherwise specified in the supplement, the Contract has an annual duration (365 days) starting, by express agreement between the parties, (i) from the date of signature, or (ii) from the activation of the Services. All services are subject to automatic renewal.

2.2 Withdrawal: Tublat.com may withdraw from the contract by simply notifying the Customer. In the event of non-performance following withdrawal by Tublat.com, the Customer shall be entitled only to a refund of any amounts paid for the unperformed service, with Tublat.com being released from any other liability towards the Customer.

Article 3: Customer's Responsibilities

3.1 Considering that Tublat.com is not responsible for the content of promotional messages and their placement, format, or keywords in the selected media, the Customer expressly assumes all responsibility in this regard. The Customer guarantees the full legality of the commissioned content and declares the right to use all elements comprising the advertisement. Upon request, the Customer must provide documentation proving legitimate ownership of the elements included in their message, such as trademarks, domain names, distinctive signs in general, photographic images, and videos. Failing this, the Contract, if already concluded, shall be deemed automatically terminated due to the Customer's breach, who undertakes to indemnify Tublat.com against any liability claimed by third parties.

3.2 Tublat.com shall not be held liable for any modifications or interventions made directly by the Customer, including those carried out using access credentials to the Services.

3.3 In relation to the obligations set forth in this Article 3, the Customer shall hold Tublat.com and its assigns harmless and indemnified from any loss, damage, cost, or expense, including legal fees, arising from third-party claims, including judicial claims, related to the use of texts, images, photographs, or any other form of visual and/or sound reproduction, or any violation of the obligations specified in this article.

Art. 4: Liability of Tublat.com and Penalty Clause

4.1 Tublat.com shall only be liable for willful misconduct or gross negligence, and solely for omissions, including total omissions, or errors related to the ordered advertising that nullify or significantly reduce its effectiveness, provided such issues are reported by the Customer via certified email within 15 days of the advertising becoming accessible through the chosen medium. In cases meeting the conditions described in paragraph 1 of this article: (i) Tublat.com will grant a reduction in the compensation for the affected service, based on its own assessment, as well as correction within the required technical timeframes; (ii) pursuant to Article 1382 of the Italian Civil Code, the Customer and Tublat.com agree that the latter, following a compensation request by the Customer, shall only be required to provide the affected service again, free of charge, for a period of 30 days, excluding any other form of compensation.

4.2 The Customer releases Tublat.com and its representatives from any liability, including those related to any other advertising commissioned by third parties, whether partially or entirely unfulfilled, as well as issues related to the access and provision of online advertising services.

4.3 Tublat.com solely provides services for the execution of the commissioned advertising services. The use of the services is at the Customer's sole risk. To the maximum extent permitted by law, Tublat.com makes no representations or warranties, nor does it assume any obligation regarding the suitability of the services for a specific purpose, including, by way of example but not limitation, the fulfillment of the Customer’s business needs or the achievement of specific results.

4.4 Tublat.com does not provide support for data migration (including websites, emails, and other content). It is the Customer's sole responsibility to handle data transfer at their own expense. Tublat.com reserves the right, at its sole discretion, to accept or reject assignments related to data migration. If it accepts to provide such assistance, Tublat.com shall not be liable for any data loss or service disruptions occurring during the transfer, even for a fee. The Customer acknowledges that in such circumstances, they shall not be entitled to any financial compensation.

Art. 5: Payment of Fees and Penalty Clause

5.1 Payment of Fees

Any promotions or discounts will be applied for the duration specified in the product descriptions on the website www.tublat.com. During the contract term, fees may increase due to the implementation of new pricing lists. If the increase does not exceed three percentage points above the annual variation of the consumer price index for households of workers and employees as determined by ISTAT (referring to the third month prior to the effective date of the price increase), it will be automatically applied, becoming a payment obligation for the Customer. If this threshold is exceeded, Tublat.com will notify the Customer of the updated fees via email at the address provided during service registration, with at least 60 days' notice before the contract year's expiration. The Customer retains the right to terminate the agreement, with notice provided via certified email 45 days before the effective date of the new pricing. In cases where special conditions (discounts, promotions, etc.) were applied during the initial service request, the fee increase will be calculated based on the original list price. Tublat.com may, at its discretion, require advance payments through the issuance of an invoice or request guarantees for payment. In any case, for all orders requiring invoice issuance under legal obligations, invoices will be issued exclusively in electronic format and transmitted to the Customer through the interchange system managed by the Italian Revenue Agency ("SdI").

5.2 Express Termination Clause and Penalty Clause

In case of non-payment of invoices or partial or total default for other orders, including previous ones, Tublat.com may consider the Contract terminated by law. Outstanding debts may prevent the acceptance of new orders. In such cases, Tublat.com reserves the right to request adequate guarantees for payment of the debt, increased by interest and expenses.

5.3 Service Suspension for Non-Payment

In case of non-payment beyond 30 days, Tublat.com reserves the right to suspend the services provided. This suspension may result in the permanent loss of data associated with the services in question, including the deletion of files, emails, and other server-stored content. It is the Customer's sole responsibility to protect their data through regular backups, conducted at their own expense and under their responsibility. The Customer acknowledges that, in the event of data loss due to failure to meet these obligations, they shall not be entitled to any financial compensation from Tublat.com.

5.4 Split Payment and Service Suspension Authority

Tublat, at its sole discretion, may divide the payment of invoices related to the services provided into multiple installments. By way of example and not as a binding provision, payment may be split into a down payment invoice amounting to 50% and a balance invoice amounting to the remaining 50%. The balance invoice must be paid by the client prior to the delivery of the project by Tublat. The client undertakes to settle all split invoices, including the down payment and the balance.

In the event of non-payment by the client within 30 (thirty) days from the due date of the invoices, Tublat reserves the right to terminate the service and proceed with the definitive deletion of the client’s project. It is understood that this does not prevent Tublat from pursuing debt recovery through legal services and taking legal action in the competent courts to claim payment for the activities performed and costs incurred.

Art. 6: Advertising Materials – Intellectual Property

The Customer must deliver to Tublat.com, within any deadlines established by the latter, the executable material in digital format to allow reproduction on online media. In case of delayed or non-delivery of the materials, Tublat.com reserves the right to charge processing fees and is exempt from any liability arising from incorrect or imperfect execution. If, due to the delay, the service cannot be partially or fully executed, Tublat.com may consider the Contract terminated by law for Customer non-performance. Tublat.com is not responsible for any discrepancies in the graphic rendering of the commissioned advertising objects or the imperfect reproduction of images provided by the Customer. Tublat.com retains exclusive ownership of intellectual property rights and copyrights relating to the design, architecture, technical configuration, source codes, structure, graphics, and creativity of the websites created, as well as any editorial texts developed for the Services subject to this Contract. The Customer may not, under any circumstances, copy or reproduce these elements, either in full or in part, as part of Tublat.com's creative work carried out under this Contract.

Art. 7: VAT

The Customer, as a VAT-subject entity concerning the advertising activities carried out by Tublat.com, is required to provide their VAT identification number under their responsibility.

Art. 8: Dispute Resolution and Jurisdiction

In case of disputes, the sole language of the proceedings shall be Italian. The Customer shall bear the cost of providing a certified Italian translation of this Contract and any amendments for legal purposes. Tublat.com and the Customer agree to waive jurisdiction in favor of the Court of Benevento (Italy).

Art. 9: Additional Clauses

Any additional or modifying clauses to this Contract proposed by the Customer must be approved and accepted in writing by Tublat.com to be effective.

Art. 10: Personal Data Processing – Information pursuant to Article 13 of Regulation (EU) 2016/679 (“GDPR”)

Tublat.com protects the confidentiality of personal data under Regulation (EU) 2016/679 (“GDPR”) and provides users with all legally required information regarding data processing, as detailed in the "Privacy Policy" document available on the website www.tublat.com, which is considered an integral and substantial part of this Contract.