Website service integration

These clauses, which are considered an integral and substantial part of the contract as they are supplementary, govern the "WEBSITE" service offered by Tublat.com. As for matters not expressly provided for by this integration, the aforementioned general terms and conditions apply.

Art. 1. Object

1.1 The Client requests Tublat.com to create a website and/or e-commerce, together with the applications available for such sites. The commissioned activity includes the following services (hereinafter referred to as "Services" or individually "Service"):

1. a) The Service for the creation of the website, which includes (i) the registration of the domain name through a specialized operator chosen by Tublat.com at its sole discretion; (ii) the creation - also through third parties - of one or more email addresses associated with the domain (iii) the design of the website architecture;
2. b) The Service for the provision of the website (which includes maintenance and technical updates performed on the platform of Tublat.com that hosts the website).

The email account will cease along with the cessation of the Services for any reason; upon cessation of the Services, the contents of the email account will no longer be accessible to the Client, who acknowledges and accepts full responsibility for archiving and "backing up" email messages.

The Service for the provision of the website mentioned in the previous point b) will start from the moment the site is published online until its deactivation.

1.2 Although part of a single contractual relationship, the aforementioned Services are distinct and non-substitutable performances. Therefore, Tublat.com reserves the right to request - even separately and in full or in part - the payment of the fee for each Service rendered.

In the event of the Client's unavailability or delayed or failed delivery of the material necessary for the provision of the Services according to the agreed or communicated timelines, or in any other case of non-performance of the Services for reasons not attributable to the default or technical error of Tublat.com, Tublat.com reserves the right to withdraw, with notification to the email address provided by the Client, from the contractual relationship, in whole or in part, without the Client being able to request or contest anything; in such a case, Tublat.com also reserves the right to request, in whole or in part, payment for each Service performed up to the moment of withdrawal, with such withdrawal being the date of the email notification.

Additionally, if the Client does not provide Tublat.com with suitable material, either qualitatively or quantitatively, for publication on the website, Tublat.com will have the right to create and publish the website using professional materials based on the information previously provided by the Client or consistent with the Client's business category.

Tublat.com also reserves the right to request an additional fee from the Client if changes are requested that require the new production, in whole or in part, of one or more pages of the website.

1.3 For the website, there is also the possibility, upon payment of the related fee, to request the translation of the entire website into foreign languages, both European and/or non-European.

1.4 For the website, the Client may also purchase additional domains and email accounts.

Art. 2. Domain Registration

2.1 The Client acknowledges that the domain name registration is governed by the regulations of the competent Registration Authorities, available at the following links:

https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en     

https://www.icann.org/resources/pages/errp-2013-02-28-en

http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm          

https://www.icann.org/resources/pages/registrars/consensus-policies-en

http://www.iana.org/domains/root/db                 

and undertakes to comply with the provisions therein    

2.2 The Client agrees to validate the domain name registration by confirming the email they will receive at the time of the registration request and/or in any case when modifying the registration data. The Client agrees to perform this validation within 7 days of receiving the registration request. If validation is not completed within the specified time, the Client acknowledges that Tublat.com may suspend the provision of the service.

Therefore, to comply with the above-mentioned deadlines, in the event the Client is unable to validate, the Client hereby authorizes and delegates Tublat.com to perform such validation on their behalf to complete the domain registration procedure and ensure the service is provided within the required timelines.

2.3 In some cases, the rules established by the Registration Authorities, as referenced above, may restrict domain name registration exclusively to entities with a permanent local presence established in accordance with the regulations of the jurisdiction where the Registration Authority is based or in the presence of specific requirements. For this purpose, the Client agrees to provide all information regarding their organization, including any subsidiary offices and/or local representations authorized for registration.

Art. 3. Indemnity

3.1 The Client acknowledges that Tublat.com provides only a service aimed at creating the website itself and its eventual applications, and therefore cannot be held responsible for the texts, photographs, videos, and music provided by the Client, who shall assume full responsibility for them. Accordingly, the Client agrees not to transmit and/or make available to Tublat.com any texts whose content is not aligned with the ethical-social policies of the website and Tublat.com and/or contains content prohibited by law, as well as photographs depicting, even partially, identifiable individuals who have not given written consent for the inclusion of their image.

3.2 The Client also agrees not to transmit and/or make available for publication any illegal, pornographic, vulgar, obscene, erotic, or pro-pedophilia material, defamatory, offensive to public morals, or otherwise infringing the rights of others or inciting hate and discrimination based on sexual, racial, or religious grounds, as well as any material covered by copyright and/or any other protected rights, including material that includes trademarks and distinguishing signs the Client is not authorized to use.

3.3 The Client further agrees not to transmit and/or make available to Tublat.com any photographs, texts, documents, videos, and/or music that may violate third-party intellectual or industrial property rights, and therefore not to use photographs, videos, and/or music protected by copyright, unless expressly authorized by the legitimate owner, or illegal material, information, or databases in violation of current regulations.

3.4 In relation to the commitments outlined in the previous paragraphs, the Client acknowledges and agrees to be solely responsible for the material transmitted to Tublat.com for publication, by any means and through any communication channel, including email and the upload platform provided by Tublat.com. Similarly, the Client will be solely responsible if they make available to Tublat.com for publication – even through links to specific sites – materials already published on their own or third-party web pages, to which the Client declares full authorization for use and assumes full responsibility. Therefore, neither Tublat.com nor its third-party agents can be held responsible for the publication of such materials.

3.5 With specific reference to the domain registration service, the Client agrees not to use the service for unlawful purposes, and not to violate in any way all applicable national and international laws, including regulatory provisions.

Furthermore, the Client shall not upload, nor allow third parties to upload, content that violates privacy rights, copyright and intellectual property rights, or content that is pornographic, blasphemous, offensive, or that may in any way harm or endanger the image of third parties or Tublat.com. Additionally, the Client shall not engage in any form of hacking activities through their internet access (such as, by way of example but not limited to, phishing, spamming, and/or any other activity that, using the service, may intentionally or unintentionally infringe the rights of third parties).

3.6 In relation to the obligations set forth above, the Client agrees to hold harmless and indemnify Tublat.com, its affiliated, controlled, and associated companies, subsidiaries, employees, and collaborators from any claims or disputes, including all expenses or charges, including legal fees, initiated by any party regarding the use of prohibited texts, trademarks, logos, photographs, videos, and/or music. The civil and criminal liability for the information published through the site, which is created using the Client's material by Tublat.com, shall always and in any case remain the responsibility of the Client. In any case, Tublat.com reserves the right to immediately suspend the service if, at its sole discretion or based on a third-party report, it deems that the Client is engaging in activities contrary to the obligations set forth in this contract, mandatory regulations, or public decency.

3.7 Notwithstanding the above, the Client, as identified above, authorizes Tublat.com, even through third parties, to modify from time to time, and upon request, the content of the site according to the methods and content indicated by the Client.

Art. 4. Publication of the Website

4.1 The Client acknowledges and agrees that the transmission of material to be published on the website is necessary in order for Tublat.com to provide the service.

4.2 The Client acknowledges and agrees that the selection of the domain name for the website is necessary for the execution of the service by Tublat.com. Therefore, the Client undertakes to choose the domain name within the timeframes set for publication. In the event of failure to make such a choice, the Client authorizes Tublat.com to create and publish the website with a domain name chosen by Tublat.com, relevant to the Client's business category or name.

4.3 The Client undertakes to provide Tublat.com with the data to be published on the website pursuant to Article 2250 of the Italian Civil Code. In the event of failure to do so, the Client acknowledges and agrees that Tublat.com will rely on the results from the Business Register, thus exempting Tublat.com from any liability in this regard.

Art. 5 Access by the Client to the Platform

The Client will be provided with access credentials to the editor in order to manage the contents, products, orders, etc., on their website. The management of such information is the exclusive responsibility of the Client. Tublat.com will not be responsible in any way for modifications or interventions made using the Client’s access credentials.

Art. 6 Website Service

The "Website" service, sold in combination with the web design service, includes, for the duration of the contract, the registration, transfer, or maintenance of a domain name of the Client’s choice upon activation of the service, 5 email accounts of 5 GB each, unlimited hosting, free use of the platform, access to tutorials, and the possibility to open unlimited tickets through the Tublat.com customer area during office hours in Italy. The "Website" service, included for the first year, must be renewed annually, unless canceled through the Tublat customer area at least 45 days before the service’s expiration. Failure to renew the service will result in the permanent deletion of the website and the deactivation of associated services, such as, but not limited to, email. No obligations are foreseen for Tublat.com regarding backups; these, when possible, are the Client’s responsibility.

Art. 7 Software and Source Code

Since the website, once created, will be published on the Tublat.com platform, no source code will be provided to the Client, and in the event of termination of this agreement for any reason, as well as upon its expiration, it may not be feasible to transfer the website to other platforms. Therefore, it is the Client’s exclusive responsibility to periodically create backups of the contents and materials on the website at their own expense and effort. The Client acknowledges that the software installed for the creation of the site is provided "as is" and is updated at the time of the website's creation, with no obligation on Tublat.com to update it once the website is published. In the event of software updates provided by the software suppliers, Tublat.com reserves the right to inform the Client of available updates, and after evaluating the feasibility, the parties may proceed with the updates available and of interest to the Client, based on a new quote.