(Integral part of Tublat Ltd General Terms and Conditions)
Premise
This integration (“PEC Integration”) constitutes an integral and substantial
part of the General Terms and Conditions of Tublat Ltd, published at https://tublat.com/legal/general-conditions (“General Terms”).
It specifically governs the activation, use, management, security and
maintenance of the Certified Electronic Mail Service (PEC) provided by Tublat
Ltd.
Where not expressly provided for in this Integration, the General Terms shall
fully apply.
1. Purpose of the
Service
1.1 Definition of the
Service
Tublat Ltd provides the Customer with a Certified
Electronic Mail (PEC) service through platforms accredited with the Agenzia per
l’Italia Digitale (AgID).
The service enables sending, receiving and storing messages with legal value
under current legislation, ensuring traceability, certain date and integrity of
messages.
1.2 Service
Limitations
The PEC Service does not guarantee:
• the legal outcome of each individual message sent or received, as this may
depend on external factors (network malfunctions, PEC providers, recipients or
human errors);
• compatibility with non-certified email systems or non-officially supported
clients;
• continuous and uninterrupted availability, as it may be subject to
suspensions due to maintenance, updates or security reasons.
1.3 Technical
modifications and updates
Tublat Ltd may modify, update or integrate the
technical specifications of the PEC Service for security needs, regulatory
compliance or technological evolution.
Such modifications do not constitute a contractual breach and will be promptly
notified to the Customer.
2. Activation,
Registration and Duration
2.1 Activation
Activation of the Service is subject to receipt and
verification of the required documents (identity document, tax code/VAT number
and any other necessary certification).
2.2 Data Verification
Tublat Ltd may suspend or refuse activation if the
data provided are incomplete, false or unverifiable.
2.3 Duration and
automatic renewal
The Service has a duration of one year, unless
otherwise agreed in writing.
Renewal occurs automatically from year to year, unless written notice of
termination is sent by the Customer at least 45 (forty-five) days before
expiration, via Customer Area or registered letter with return receipt to the
registered address of Tublat Ltd.
In case of monthly invoicing, the contract shall remain binding for 12 (twelve)
months.
If the Customer terminates early for reasons not attributable to Tublat Ltd,
the Customer shall pay the remaining fees until expiration as well as the
liquidated damages provided under Clause 10.6 of Tublat Ltd’s General Terms,
equal to 20% of the Contract value.
The Parties expressly acknowledge that such amount represents a genuine and
reasonable pre-estimate of the economic losses that Tublat Ltd may suffer as a
result of the early termination of the contractual relationship, and does not
constitute a penalty under English law.
2.4 Non-payment and
grace period
In case of non-payment, Tublat Ltd will apply a grace
period of 30 (thirty) days from the invoice due date.
After such period has elapsed without regularisation, the Company may proceed
with permanent deletion of the data and of the PEC mailbox, without the
Customer being entitled to make claims or request compensation.
2.5 Suspension and
termination
Tublat Ltd may suspend or terminate the Service in
case of:
• contractual breaches;
• improper or unlawful use;
• requests from competent authorities;
• non-payment of the service fee.
Suspension or termination does not entitle to refunds, except for any
proportional refund for unused periods attributable to Tublat Ltd.
3. Customer
Obligations and Liability
3.1 Credential
custody
The Customer is responsible for the proper use of
access credentials and undertakes not to disclose them or transfer them to
third parties. The Customer must immediately report any unauthorised use to
Tublat Ltd.
3.2 Lawful use
The Customer must use the PEC Service exclusively for
lawful purposes and in compliance with current legislation.
It is prohibited to use the service to send spam, phishing, defamatory,
offensive or fraudulent content, or malware.
The Customer is liable for any damage or violation arising from improper use.
3.3 Accuracy of data
The Customer warrants that the data provided are
accurate and up-to-date and undertakes to promptly communicate any changes.
3.4 Indemnification
The Customer shall indemnify and hold harmless Tublat
Ltd from any claim, damage or sanction arising from improper use of the PEC
Service or from violation of third-party rights.
4. Liability and
Limitations of Tublat Ltd
4.1 Duty of care and
service standards
Tublat Ltd manages the PEC Service according to best
industry practices, but does not guarantee uninterrupted or error-free
operation.
4.2 Exclusion of
liability
Tublat Ltd is not liable for direct or indirect
damages, data or profit losses, nor for business interruptions due to
malfunctions, delays or errors attributable to third parties.
4.3 Limited remedies
In case of service disruption attributable to Tublat
Ltd, the Customer is exclusively entitled to a proportional refund of the fee
for the unused period.
4.4 Temporary
suspensions
The Company may suspend the service for maintenance,
updates or security reasons. Such suspensions do not constitute a contractual
breach.
4.5 Force majeure
Tublat Ltd shall not be liable for events of force
majeure, including infrastructure failures, natural disasters, cyber-attacks or
orders from authorities.
5. Fees and Payments
5.1 Fees
Fees are indicated on Tublat Ltd’s official website on
the activation date and may be updated annually with prior notice as set out in
the General Terms.
5.2 Payment methods
Payment must be made using methods approved by Tublat
Ltd. In case of delay, late-payment interest shall apply under applicable law.
5.3 Taxes and duties
All taxes, duties or charges related to the Service
shall be borne by the Customer.
5.4 Non-refundability
Payments are non-refundable, except for proportional
refunds in case of interruptions attributable to Tublat Ltd.
6. Confidentiality
and Data Protection
6.1 Confidentiality
obligation
Both Parties undertake not to disclose, communicate or
make accessible to third parties any confidential, technical or operational
information learned in the performance of this contract, including information
relating to credentials, protocols, logs or PEC systems.
6.2 Duration of the
obligation
The confidentiality obligation shall survive
termination of the contract and remain valid for a minimum period of five (5)
years, except for sensitive or proprietary information, which shall remain
confidential indefinitely.
6.3 Processing of
personal data
The processing of personal data is governed by the
following documents, which form an integral part of this contract:
• Privacy Policy
• Cookie Policy
• Data
Processing Agreement (DPA)
6.4 Security
Tublat Ltd adopts appropriate technical and
organisational measures to protect PEC data and messages, while not
guaranteeing the total absence of cybersecurity risks.
6.5 Customer
obligations
The Customer must safeguard its credentials, adopt
adequate security measures and immediately report any breaches or unauthorised
access.
Any data losses due to Customer negligence do not constitute a breach by Tublat
Ltd.
6.6 Data processing
roles
Tublat Ltd acts, depending on circumstances, as:
• Data Processor, for technical and operational data relating to provision of
the PEC service;
• Independent Data Controller, for administrative and contractual data.
The Customer remains Data Controller of the data contained in PEC messages,
assuming full responsibility for regulatory compliance.
7. Provision of the
Service “as is”
7.1 “As is” service
Tublat Ltd provides the Service “as is” and “as
available”, without guaranteeing that functionalities will be error-free,
without omissions or interruptions.
7.2 No additional warranties
The Company does not guarantee compatibility of the
Service with all email clients, operating systems or Customer devices.
Any customisations or specific configurations requested by the Customer are
subject to separate quotation and written approval.
7.3 Limitation of
liability
Malfunctions due to network problems, external
infrastructures, Customer errors or non-standard configurations do not
constitute contractual breach.
8. Third-party
Providers and White-Label Services
8.1 Use of
third-party providers
Tublat Ltd may rely on third-party providers,
technology partners or platforms, including on a white-label basis, for the
provision of the PEC Service (e.g. AgID-accredited PEC providers, data centres,
security systems, email infrastructures).
8.2 Limitation of
liability
The Customer acknowledges that Tublat Ltd is not
liable for malfunctions, suspensions or service cancellations caused by such
external providers, including closure, deactivation or data loss of the PEC
mailbox.
8.3 No refunds or
compensation
In such cases, no refund or compensation may be
requested from Tublat Ltd, which will act, where possible, as intermediary to
facilitate resolution of the issue with the provider.
8.4 Customer
indemnity
The Customer agrees not to claim against Tublat Ltd
for damages arising from errors, interruptions or cancellations attributable to
third parties.
9. Final Provisions
9.1 Integration
This Integration supplements the Tublat Ltd General
Terms and Conditions and prevails in case of conflict with incompatible
provisions.
9.2 Governing law and
jurisdiction
This document is governed by English law.
Any disputes shall fall under the exclusive jurisdiction of the courts of
London (UK), as provided by Art. 20.6 of the General Terms.
