General Terms and Conditions
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General Terms and Conditions

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General Terms and Conditions General Terms and Conditions Document Transcript

  • General Terms and Conditions Aruba S.p.A. Piazza Garibaldi 8, 52010 Soci Arezzo www.aruba.it The Customer takes note that the ARUBA.IT HOSTING service is offered by Aruba S.p.A. through the internet and therefore with methods as described online, to the following conditions: 1) Conditions. 1.1 The object of these general conditions is the regulations for the ARUBA.IT HOSTING service offered by Aruba S.p.A. . Sending the form online to Aruba S.p.A. for the request of the service activation and the payment of the requested amount constitutes full acceptance of the general conditions worded and stated in this contract according to the provisions contained in the Legislative Decree 206/2005 (Code of Consumption) and in the Legislative Decree January 31st 2007, n. 7 (Urgent measures for the protection of consumers, competition advocacy, economic development and the creation of new companies). Any additional services, compared with those set out in the offer, can be supplied only after specific request of the Customer according to the conditions to be defined each time. 1.2 The ARUBA.IT HOSTING service consists, based on the type of service chosen when making the order, in the registration or the transfer or the renewal of the maintenance of a domain name and in the renting of, where necessary based on the type of service chosen when making the order, web space. This service also includes the carrying out of the necessary paper work to register a domain name on behalf of the applicant with the Italian or foreign Registration Authority and the necessary band for viewing the website; In this regard the Customer takes note of the fact and accepts that, as the band is shared between several users, in the case of permanent use of the band or network congestions Aruba S.p.A. reserves the right to limit the available band. If the Customer has chosen the HOSTING WINDOWS option, the service includes the following essential features: a) registration, transfer or renewal of domain; b) use of 5 e-mail accounts with the selected domain name extension each with a capacity of 50 MegaBytes (storing of emails on our servers for 90 days); c) unlimited web space. If the Customer has chosen the HOSTING LINUX option, the service includes the following essential features: a) registration, transfer or renewal of domain; b) use of 5 e-mail accounts with the selected domain name extension each with a capacity of 50 MegaBytes (storing of e-mails on our servers for 90 days);
  • c) unlimited web space. If the Customer has chosen the HOSTING WINDOWS & LINUX option, the service includes the following essential features: a) registration, transfer or renewal of domain; b) use of 5 e-mail accounts with the selected domain name extension each with a capacity of 50 MegaBytes (storing of e-mails on our servers for 90 days); c) unlimited Web space. If the Customer has chosen the HOSTING ARUBA NUKE option, the service includes the following essential features: a) registration, transfer or renewal of domain; b) use of 5 e-mail accounts with the selected domain name extension each with a capacity of 50 MegaBytes (storing of e-mails on our servers for 90 days); c) program application through which you can enter via the web text, images etc for the creation of your website. d) unlimited web space. e) 50 MB of MS-SQL space. If the Customer has chosen the REGISTRATION WITH DNS+MAIL option, the service includes the following essential features: a) registration, transfer or renewal of domain; b) use of 5 e-mail accounts with the selected domain name extension each with a capacity 50 MegaBytes (storing of e-mails on our servers for 90 days); c) DNS management through a control panel. If the Customer has chosen the REGISTRATION WITH REDIRECT option, the service includes the following essential features: a) registration, transfer or renewal of domain; b) use of 5 e-mail accounts with the selected domain name extension each with a capacity 50 MegaBytes (storing of e-mails on our servers for 90 days); c) Redirect management through a control panel. If the Customer has chosen the REGISTRATION WITH DNS WITHOUT MAIL option, the service includes the following essential features: a) registration, transfer or renewal of domain; b) DNS management through a control panel. The features of the services listed above are described in detail at http://hosting.aruba.it, which the Customer, by accepting these General Conditions of Contract, declares to have read and to accept. The yearly costs for the above-mentioned services vary based on the chosen domain name extension and on the possible additional services, as described in detail at http://hosting.aruba.it/offerte/LISTINO.asp, which the Customer, by accepting these General Conditions of Contract, declares to have read and to accept. The Customer takes note of the fact and accepts that .us domains can only be registered by the following people: American citizens, resident or domiciled in the United States of America, companies registered (S.P.A.) in any of the 50 states of the American Territory, companies or individuals with regular legal commitments (selling of goods or services or of other trading and non- trading companies including no-profit relations in the United States of America), legal persons that own offices or other facilities in America; that .de domains can only be registered by
  • individuals with a verifiable domicile in Germany; that .eu and .it domains can only be registered by individuals who are resident in the European Union. 1.3 As indicated in section 1.2, during the registration of the domain name, or after the registration, it is possible to request the activation of the additional services (e-mail, statistics etc.) as described in the website http://hosting.aruba.it. Any additional service, regardless of their activation date, have the same duration of the domain name, with the exception of the KeyPosition and SmsTarget services which have a duration based on the selected service, as described at: http://keyposition.aruba.it - http://smstarget.aruba.it. 1.4 Aruba S.p.A. registers domain names according to the chronological order of the received requests, provided that they are sent with a valid proof of payment of the service cost and with the documentation requested by these General Conditions of Contract. It is understood that: - Aruba S.p.A. accepts obligation of means and not of result, therefore a successful registration is subject to its acceptance from the competent Registration Authorities; - Domain names which appear to be available may not be in reality, due to the fact that they are in the process of being registered but not yet entered in the database of the Authorities, therefore the Customer accepts as of now to free Aruba S.p.A. from any responsibility and/or request for damage compensation for such circumstances; - Aruba S.p.A. shall not be liable and cannot under any circumstance take responsibility for the resolution of disputes which arise with regard to the granting of a domain name, as for any modification made by the Authorities to the registration procedures or to the relative Naming regulations. 1.5 In order that the domain registration or transfer procedure is successful, the Customer must carry out the procedures described in our assistance website http://assistenza.aruba.it/kb, which vary based on the type of request, provide correct and truthful details and produce, based on the request, the necessary documents, for example: - in the case of a request for the registration of a .it domain, the Customer must send the AR Letter (Assumption Responsibility Letter) to the "it" ccTLD Registry with the same details that were entered in the online request form. Given that there are two different types of AR Letter, the Customer must send the AR Letter which concerns his/her group category, which can be: “Natural persons with no VAT number” or “Other subjects other than natural persons”; for further details: http://www.nic.it/domini/lettere_ar.html; - in the case of a request for the transfer of a .it domain the Customer must send the Change of Provider/Maintainer Letter to the "it" ccTLD Registry with the same details that were entered in the online request form; for further details: http://www.nic.it/operazioni/opRegistrante.html; - in the case of a request for the change ownership of a .it domain the Parties must produce and send to the "it" ccTLD Registry a relative document signed both by the old and the new owner; the new owner must also send a new AR Letter to the"it" ccTLD Registry; for further details: http://www.nic.it/operazioni/opRegistrante.html; - in the case of a request for the transfer of a domain other than .it domain the Customer must reply to the e-mail confirming the transfer sent by the competent Registration Authority to the email address indicated in the administrative contact information of the domain. If the Customer does not
  • remember this email address, he/she can get it by searching in the details of the domain name using the Whois service of the competent Registration Authority. If the details provided by the Customer are incorrect, either due to discrepancy between those sent by the Customer to Aruba S.p.A. or if the Customer does not send the above-mentioned documents requested by the competent Authority, Aruba S.p.A. will repeat the transaction up to a maximum of three times and in any case no later than two months after the date of the order. Beyond these limits, the procedure will expire and Aruba S.p.A. will keep the amount paid by the Customer as compensation of the expenses. Any modification made to this procedure will be indicated on the ARUBA.IT HOSTING website http://hosting.aruba.it. If the registration is successful, the Customer will become the rightful owner of the selected domain name, and also the person solely and exclusively responsible for the use and contents of the domain name; the Customer will be obliged to check that his/her details relative the chosen domain in the database of the Authority are correct within 15 days from the date of activation of the web space. If the Customer does not make any objections concerning the exactness of the details within this time limit, Aruba S.p.A. will accept the details of the database of the Authority as correct. 1.6 If the Customer has purchased a service with web space, the Customer takes note and accepts: a) to be the only subject to have access to the security settings of his/her website; b) that his/her website is hosted or rather allocated in the computer system owned by Aruba S.p.A.; c) that the data published on his/her website in order to spread them in internet constitutes copy of the original data which remain in their possession and in their exclusive availability; d) that, subject to the following paragraph e), he/she constitutes the backup of the aforementioned data his/her exclusive onus, at his/her own care and expense. In the light of the above the Customer exempts as from now Aruba S.p.A. from each and any responsibility in the event of loss, even total loss of the published data and/or of the emails, in the event of failure, malfunction, unauthorised access to the website or to the email account for whatever cause. e) that Aruba S.p.A., in the event that the customer purchases the backup service on the conditions indicated on the website HOSTING ARUBA.IT http://hosting.aruba.it, will put two folders in the web space at the customer’s disposal each containing a backup copy related to the content of the website. The abovementioned copies will be made with the following methods: - a daily backup made every night - a weekly backup made every weekend The customer will be able to consult such folders in read-only exclusively through FTP access to the space web. The backup copies will be at the Customer’s disposal at all times except for any technical interruptions of the services due to failures, malfunctions or maintenance of the machines and/or of the software. In that case the Customer will have no right to any refund for the unutilised backup service. The Customer also takes note of the fact and accepts that however the use of the Aruba backup service reduces the risk of data loss and enables the Customer to obtain the copy of such data more easily, the backup may be incomplete and/or missing, therefore the Customer is in any case also obliged to periodically and independently make a backup copy of all the content of the web space to be kept in a different place from his/her web space. Furthermore the Customer takes note and explicitly accepts that:
  • - in the event of total or partial loss of data Aruba S.p.A., except for cases of fraud or gross negligence, will be responsible only for the direct damages and up to a maximum of the amount paid by the customer on a yearly basis for the purchase of the backup service; - in the event of the necessity to transfer the space web from one server to another for technical reasons or other reasons the backup service may become not available for a limited and variable period depending on the technical needs; in that case the Customer will have no right to any refund for the unutilised backup service. - in the event of the conversion of the domain from hosting windows to hosting linux and vice-versa the customer is obliged, at his/her exclusive expense, to obtain the backup copies before proceeding with the abovementioned conversion as from then on the previous backups will no longer be available. The customer exempts as from now Aruba from any responsibility for the partial or total loss of the data. - the backup service described above does not include the copy of data contained in any Mysql or Mssql database, therefore the Customer is obliged to independently carry out the backup of said data through the access to his/her control panel 1.7 Aruba S.p.A. reserves the right to modify the service and to change the conditions of the service at any time and without notice; in this regard it is understood that the contracts concluded before the modifications or variations, will still be accepted and entirely respected under the agreed conditions. 2) Duration. 2.1 The contract is considered concluded only once Aruba S.p.A. receives the service activation request form from the Customer, entirely in agreement with the procedures necessary to conclude contracts online together with the payment of the amount due for the selected service. The contract will be valid for the period selected in the order starting from the day of the service activation, subject to the following section 2.3. In case of incorrect payment Aruba S.p.A. can deactivate or transfer the domain to another person, keeping the Customer who ordered the registration under the obligation to make the payment and also to pay the interests relevant to the delay. 2.2 On the expiry date fixed for the chosen service this contract will no longer be valid unless a renewal is made at least 15 days before the expiry date by carrying out the payment of the amount due (according to the prices in force at the time of the renewal); in this case, the contract will be renewed for another year, subject to the following section 2.3. When approaching the expiry date, Aruba S.p.A. reserves the right to send notices regarding the close end of the service in case of unsuccessful renewal to the reference e-mail accounts and/or to the domain e-mail accounts. 2.3 In case of domain transfer to another provider/maintainer, this contract will no longer be valid from the date of the conclusion of the transfer. Consequently to the conclusion of the transfer any web
  • space and all of the related services will be deactivated and any web space will be deleted. Aruba S.p.A. will not refund the Customer for any remaining unused period. 3) Services offered by Aruba S.p.A. . The services of Aruba.it are provided according to the terms and conditions in force on the date of the service activation request as published on the ARUBA.IT HOSTING website which the Customer declares to have read and accept explicitly and specifically by accepting these general terms and conditions. Any explicit or implicit guarantee is excluded insofar as it does not contrast with the law in force. Neither Aruba S.p.A., nor any of its licensees, staff or agents, guarantee the suitability of the ARUBA.IT HOSTING service for any specific function. Aruba S.p.A. or whoever participated in the creation, production or supply of the Aruba S.p.A. services cannot be held responsible for any direct or indirect damage related to the use or the interruption of ARUBA.IT HOSTING service. 4) Obligations of the Customer. 4.1 The Customer commits: - to not using the services offered by Aruba S.p.A. for dissemination of information material or parts of information material protected by copyright (for example: musical or multimedia files protected by copyright), unless they have received explicit written consent from the owner of such a right and in any case indicating its source. - to guarantee that the above-mentioned material does not violate or infringe any copyright, trademark, patent or other legal or customary right of a third party. - to not using or allowing third parties to use the services of Aruba S.p.A. against the moral and public order, with the intension of disturbing public or private peace, causing offence, or harm to anyone directly or indirectly (for example dailers or ( di dialer )information material or parts of information material which deal with paedophilia or racial or fanatical apologies cannot be entered in the web space whereas pornographic material may be entered only if in observance of the relevant law in force e.g. in special reserved areas created by the owner of the website which can be accessed only by adults using a password provided by the owner of the website once the age of the applicant has been approved). - to keep the service access password as secret as possible and not to transfer it to third parties therefore taking responsibility for its safekeeping. - to modify his/her access password at least every three months freeing and keeping Aruba unharmed from any responsibility in case of charges, legal actions, administrative or judicial actions, losses or damages (including legal expenses and fees) arisen from the non-compliance of what was established concerning the storing, modification and safekeeping of said passwords; - If the customer has purchased a service with web space, to use the web space provided by Aruba S.p.A. only to publish the website and not as a repository, or rather as a tool simply to archive files and/or material which can be downloaded from other websites. - to not carry out actions intended to violate or try to violate the confidentiality of private messages or messages aimed at damaging the integrity of other peoples resources or to cause direct or indirect damage to anyone (for example through pirate software, cracks, keygenerators, serials, viruses or other harmful components). - to not using the services of Aruba S.p.A to violate, contravene or allowing to contravene the existing Italian laws directly or indirectly.
  • - to not offer information to the public (textual or graphic) which could damage the image of Aruba S.p.A. through the available services. - to not carry out spamming or equivalent actions ((for a definition of spam consult A Set of Guidelines for Mass Unsolicited Mailings and Postings (spam*) ftp://ftp.nic.it/rfc/rfc2635.txt); the Customer acknowledges and accepts that if his/her website is advertised using illegal methods (for example: spam) Aruba S.p.A. reserves the right to suspend the service. - to not using unauthorised applications and/or scripts. The list of the unauthorised applications and/or scripts, constantly and continuously updated, is available at http://assistenza.aruba.it. It is naturally agreed that if Aruba S.p.A. should notice that also applications and/or scripts not included in the above-mentioned list cause server malfunction, Aruba S.p.A. reserves the right to intervene in the most appropriate way so as to stop such a malfunction (e.g. in the case of corrupt .mdb database or that don’t respect the best conditions of use indicated es. at http://assistenza.aruba.it). - if he/she has purchased a service with web space, to not keep sensitive data and/or judicial data in the website. - if he/she has purchased a service with web space, to take responsibility for the protection of the entered data. - if he/she has purchased a service with web space, to not publish websites which contain mastheads without the written consent of Aruba S.p.A. and not to consider and/or indicate in any circumstance Aruba S.p.A. as editor and/or printer without the written consent of Aruba S.p.A. - to accept and observe normal good practice in the use of the network as stated in the document ‘Netiquette’ and published on the website of the Italian Naming Authority (www.nic.it/NA/netiquette.txt), of which the Customer declares to know. - to accept and observe the other regulations contained in the policy of Aruba, which can be consulted at http://assistenza.aruba.it. In the case of violation of one or more of the above-mentioned obligations, Aruba S.p.A. will have the right to cancel any unauthorised material and suspend the service immediately and without any notice, reserving also the right to rescind the contract and to keep the amounts paid by the Customer as penalty except in the case of compensation for greater damage. The Customer also takes note and accepts that in the event of any dispute with third parties over the registered domain name or the content of the website Aruba S.p.A. reserves the right to suspend the service and/or to remove all or part of the material until the dispute has been resolved, explicitly excluding any refund or compensation or responsibility of Aruba S.p.A for the unsuccessful use of the services offered by Aruba S.p.A. by the Customer in the period of suspended service. 4.2 The Customer takes note and accepts that the registration of the domain name requires entering the personal data of the Customer in a publicly accessible register; therefore the Customer guarantees that the personal data given to Aruba S.p.A. for the complete performance of the contract are correct, updated and truthful. However if the Customer provides false and/or incorrect and/or incomplete data and in any case, following specific request of Aruba S.p.A., does not provide adequate proof of their identity, of their domicile or residence or, where necessary, of their position as legal representative, Aruba S.p.A. reserves the right to: - reject the registration request - if the domain has already been registered, to suspend the service immediately (including any additional service) and/or to rescind the contract, keeping and cashing the amounts paid by the Customer as penalty except in the case of compensation for greater damage.
  • The Customer is obliged to promptly inform, and in any case no later than 7 days from the date of the modification via communication sent to the undersigned by fax confirmed by registered letter, any change made to the personal data specified on the subscription of the HOSTING ARUBA.IT service; a failure to do so will give Aruba S.p.A. the right to suspend the service, with immediate effect. Having taken note of the communication, Aruba S.p.A. reserves in any case the right to request further documentation for updating the data of the holder in its database. 4.3 The Customer must inform Aruba S.p.A. promptly and in no more than 24 hours, of any service faults. The Customer will be held responsible for any damages caused by a delayed communication. 4.4 Aruba S.p.A. and the Customer commit themselves to reciprocally guarantee that they and the respective employed staff will keep any data or information known or handled in relation to the activities for the performance of the service strictly confidential. 5. Statements ex section 52, 53, 64 and ss. and 5 Legislative Decree 206/2005 and section 7 Legislative Decree 70/2003. According to sections 52, 53 and 64 and ss. Legislative Decree 206/2005 the Customer takes note that: - the provider of the service is the company Aruba S.p.A. located in Piazza Garibaldi 8, 52010 Soci Arezzo, Italy REA 118045, VAT Number 01573850516, Telephone +39 0575/0505, Fax +39 0575/862000; - they have the right to withdraw from this contract, with no obligation to provide the reasons and/or to pay any penalty, within 10 working days of entering into the contract except in cases where the supply of the services begins, in agreement with the consumer, before the expiration of the 10 day period as per section 64 paragraph 1) of the Legislative Decree 206/2005 (subject to section 65 paragraph 3), 4) and 5)), as indicated in section 55 paragraph 2) of the Legislative Decree 206/2005; - the withdrawal right referred to in this clause is exerted by sending, within the provided term, a written communication to the registered office of Aruba S.p.A., Piazza Garibaldi 8, 52010 Soci Arezzo, Italy, by registered letter with return receipt. The communication can be sent, within the same term, also by telegram, telex or fax, on the condition that it is confirmed by registered letter with return receipt within the following 48 hours; - any complaints can be sent to the registered office of Aruba S.p.A. Piazza Garibaldi 8, 52010 Soci Arezzo, Italy; - any technical assistance service available for the individual ARUBA.IT services/products will be indicated on the website ARUBA.IT www.aruba.it. It is agreed and the Customer takes note and accepts that the regulation referred to in the Legislative Decree 206/2005 provided in this contract does not apply when the Customer acts and concludes this contract for purposes related to their trade, business or profession. 6) Exclusive ownership rights. Aruba S.p.A. declines any responsibility in the event of unauthorised publication by third parties of the text entered by the Customer in any public or private messaging area. The material from
  • Aruba.it can be used, manipulated, printed and stored in the memory of the processor of the Customer only for their exclusive benefit, but cannot in any way be published or transmitted using any telematic means. 7) Cancellation and withdrawal. 7.1 This contract shall be cancelled authorizing Aruba S.p.A. to interrupt the service without any notice if the Customer: a) gives all or part of the contract to third parties, without the written consent of Aruba S.p.A. b) does not pay the amount due c) acts or presents themselves as an agent of Aruba S.p.A. d) gets involved in legal proceedings e) uses the services in ways other than those communicated to Aruba S.p.A. In this case Aruba S.p.A. will have the right to keep and cash the amounts paid by the Customer as penalty except in the case of compensation for greater damage. 7.2 Aruba S.p.A. reserves the right to withdraw from this contract at any time and with no obligation to provide a motivation providing a notice of 10 days sent by email and confirmed by registered letter or telegram. If the withdrawal right is exercised, once the above-mentioned notice period has passed, Aruba S.p.A will be able to close down, disconnect, cancel and in any case make the website and the email account unserviceable at any time. In the case of withdrawal Aruba S.p.A. will be obliged to provide the Customer the refund of the cost of the service corresponding to the number of days not utilised, up to the next natural expiry date of the agreement, and explicitly excludes any refund or compensation or responsibility of Aruba S.p.A for the unsuccessful use of the services by the Customer in the remaining period. 7.3 The Customer that qualifies as a consumer in accordance with art. 3 of the legislative decree n. 206/2005 will have the right to withdraw from this contract at any time by sending a notification to Aruba S.p.A. by registered letter to the following address: Aruba S.p.A., Piazza Garibaldi, 8 – 52010 Soci (AR). After 30 days have elapsed since receipt, by Aruba S.p.A., of the said communication the withdrawal will take effect and Aruba will cease all the services offered for the domain name, including any additional services, and communicate to the reference email address any authorisation code relevant to the domain name in their possession. If the Customer when communicating the exertion of the withdrawal right he/she also requests the refund of the of the cost of the service corresponding to the number of days not utilised up to the next natural expiry date of the agreement, Aruba S.p.A. will carry out the said refund excluding the costs already beared (for example: the costs beared for the registration of the domain name with the competent Registration Authority, for the activation of licenses used for supply of additional services etc) in accordance with art. 1 paragraph 3 of the Legislative Decree 7/2007. 7.4 In the case of unlawful cancellation or withdrawal of the Customer, Aruba S.p.A. is authorised as of now to keep and cash the amounts paid by the Customer as penalty except in the case of compensation for greater damage.
  • 8) Responsibility. 8.1 Aruba S.p.A. declines any responsibility both towards its customers and towards third parties for delays, malfunction, interruption of service supply and/or suspension caused by: a) act of God; b) malfunction or non-conformity of the connection devices which the Customer has been equipped with. 8.2 Aruba S.p.A. reminds the Customer that the use of the services provided in collaboration with other infrastructures (national and international) is limited by the boundaries and by the regulations established by the managers of the said services, as well as by the legislations in force in the Countries which host such services and by the relevant international legislations. Aruba S.p.A. also reminds the Customer that technical service interruptions can still occur due to failures and malfunctions of the machines and of the software, whether they belong to Aruba S.p.A. or to its suppliers. In that case the Customer will not be entitled to any refund. Customers are specifically requested to not use the services for actions that could cause economical damage to the Customer himself. The nature itself of internet services does not allow to give any guarantee on the reachability of the websites from all over the world and of the delivery and receiving of emails, least of all guarantee the privacy of the emails. 8.3 In case of failure to renew the domain name registration due to Aruba S.p.A., Aruba S.p.A. commits to pay the Customer a penalty equal to double the amount paid by the Customer for the renewal request of the domain name. The Customer thereby accepts to renounce any other entitlement and/or request for compensation of damages. 9) Payment. 9.1 Once the contract has been concluded the Customer commits to paying Aruba S.p.A. the established amount for the requested service plus VAT as according to the law and any other charges requested by law. The Customer will not be able to assert any rights or raise any exceptions if beforehand he/she has not carried out the payments indicated by this contract. 9.2 According to art. 52 paragraph 1 lett. e) Legs. D. 206/2005 the Customer takes note that the payment of the service can be carried out using one of the methods indicated in the form online, and precisely bank transfer or credit card. The registrations will be dealt with upon receipt of the proof of payment by post or fax. By accepting these General Conditions of Contract the Customer explicitly agrees that the invoice will be sent and/or made available in electronic format. 10) Documentation.
  • The Customer explicitly agrees that the electronic register of the functioning of Aruba.it (the 'log'), created and stored by Aruba S.p.A., can be viewed only upon request of the competent Authority in case of dispute and constitutes full and indisputable proof of the facts and acts performed by the Customer in relation to Aruba S.p.A.. 11) Lgs. D. 196/2003. The personal data provided by the Customer to Aruba S.p.A. directly or indirectly are protected by the Lgs. D.196/2003, setting out provisions for the protection of individuals and of other entities with regard to the processing of personal data, and therefore will be used for the complete performance of the contract and for the fulfilments provided for by law or requested by the competent Authorities. 12) Final provisions and communications. 12.1 The relations between Aruba S.p.A. and the Customer established by these subscription conditions cannot be understood as relations of company, agency, collaboration, association mandate or other similar and equivalent contracts. 12.2 Any modification or note not explicitly included in this contract, will not be valid unless specifically approved in writing by both Parties. 12.3 For any dispute that may arise relating to the interpretation, performance and resolution of these General Conditions of Contract the Court of Arezzo will be exclusively competent; all the communications to the Customer regarding this privity of contract can be carried out by hand, through e-mail, registered letter, ordinary mail and/or via fax. According to and for the purpose of section 1341 and 1342 civil code we declare to have read and to accept explicitly and specifically the following clauses: 1) Conditions; 2) Duration; 3) Services provided by Aruba S.p.A.; 4) Obligations of the Customer; 6); Exclusive rights of ownership 7) Cancellation; 8) Liability; 12) Final provisions and communications. Informative report art. 13 D.Lgs. 196/2003 We inform the signatory of this contract that the legislative decree n. 196/2003 protects individuals and other subjects with regard to the processing of personal data. According to the indicated laws,
  • the processing of personal data will be inspired by the principles of good practise, lawfulness and transparency protecting the confidentiality and the rights of the signatory. The following information is provided according to article 13 of the Italian legislative decree n. 196/2003. The process we intend to use: a) has the purpose of concluding, managing and executing the supply contracts for the requested services; to organise, manage and provide the services also through communication of the data to third parties our providers; to fulfil the legal duties or other performances requested by the competent Authorities; b) will be carried out with the following conditions: computerised/manual; c) subject to what is strictly necessary for the correct execution of the supply contract, the data will not be communicated to other individuals, without requesting consent. We also inform that the communication of the data is indispensable but not obligatory and any refusal has no consequence but could imply the non-fulfilment of the obligations accepted by Aruba S.p.A. for the supply of the service that you requested. The data controller is Aruba S.p.A. located in Piazza Garibaldi, 8 - 52010 Soci (Arezzo, Italy ), to whom you can refer to to assert your rights as per section 7 of the legislative decree n. 196/2003, which we indicate here below: Art. 7 Right to access personal data and other rights 1. A data subject shall have the right to obtain confirmation as to whether or not personal data concerning him exist, regardless of their being already recorded, and communication of such data in intelligible form. 2. A data subject shall have the right to be informed a) of the source of the personal data; b) of the purposes and methods of the processing; c) of the logic applied to the processing, if the latter is carried out with the help of electronic means; d) of the identification data concerning data controller, data processors and the representative designated as per Section 5(2); 19 e) of the entities or categories of entity to whom or which the personal data may be communicated and who or which may get to know said data in their capacity as designated representative(s) in the State’s territory, data processor(s) or person(s) in charge of the processing. 3. A data subject shall have the right to obtain a) updating, rectification or, where interested therein, integration of the data; b) erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed; c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected. 4. A data subject shall have the right to object, in whole or in part, a) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection; b) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.
  • Consent clause Having acquired the preceding information, according to art. 13 of the legislative decree 196/2003, I express my consent to the processing of my personal data as described above.