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"):
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;
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
https://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm
https://www.icann.org/resources/pages/registrars/consensus-policies-en
https://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.
Article 7 – Client's Obligations and Material Provision
The Client agrees to communicate to Tublat the choice of the website domain and
to provide all necessary materials for the website creation (texts, images,
logos, etc.) within 15 (fifteen) days from the date of the down payment
invoice. If a photo shoot or video production has been agreed upon, the Client
must coordinate with Tublat to set a date for the shooting within 15 (fifteen)
days from the issuance of the down payment invoice. In case of failure to
deliver the materials or to set the shooting date within the specified time
frame, Tublat will not be held responsible for any delays in the website
creation. After 30 (thirty) days from the issuance of the down payment invoice,
in the absence of materials provided by the Client, Tublat will have the right
to:
7.1 Request the Client to pay the full contractual amount;
7.2 Proceed with the publication of the website on a domain chosen
by Tublat and use stock images or generic materials at its discretion.
The website creation time frame is approximately 30 (thirty) working days from
the full payment of the down payment invoice and the complete provision of all
materials requested by Tublat. Any requests for modifications after the website
publication, resulting from the failure to deliver materials within the
established time frame, may be subject to additional costs.
Art. 8 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.
