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 tublat@legalmail.it.
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. 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. 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. 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. 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.
5. Brand
360°: Services that include the integrated management
of the Client's online presence, comprising the creation and publication of
graphic and textual content on major social networks, website SEO optimization,
management of digital advertising campaigns, and performance analysis, under
the terms and conditions specified in the relevant integration.
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.
Art. 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.
Art. 2: Contract Duration and Withdrawal
2.1 Duration: Except as otherwise provided in any annexes, the Contract has a duration of one year (365 days), starting — by express agreement between the parties — from either: (i) the date of signature or (ii) the activation date of the Services, whichever occurs first. All services shall be automatically renewed at expiration unless cancelled.
2.2 Withdrawal: Tublat.com reserves the right to withdraw from the Contract at any time, by giving simple written notice to the Client. In such case, the Client shall only be entitled to a refund of any amounts already paid for services not yet provided, with Tublat.com being exempt from any further liability.
The right of withdrawal within 14 days provided for consumers does not apply to professional clients, companies, organizations, associations, or public administrations, as they do not qualify as consumers pursuant to Article 3 of Legislative Decree 206/2005. Any withdrawal conditions shall be governed exclusively by this contract.Art. 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.