1.DEFINITIONS
According to the general conditions the following definitions are considered:
Mainsoft: Mainsoft S.p.A., registered office in Viale Monza, 355, 20126 Milan (MI) PI and CF 13059860158 fully authorized company according to the current norms and regulations to provide Internet services and Applications, Service Provider and Electronic Communication, considered as object as the hereby contract.
The web software platform available on Mainsoft Internet website www.mainsoft.it allows, through a reserved area, to acquire/renew the Services, configure and use the services purchased; obtain information about the services and about their technical characteristics.
The access credentials are activated from the staff of Mainsoft through a previous registration on the website www.mainpartners.it made by the insertion of the personal data of the client on the website with the related online registration of the present conditions.
Services: web services are available and can be purchased through the website by the Mainsoft company to the conditions step by step defined and accepted by the client.
Client: the subject, physical person or corporate (public or private) that requires the access to the website, identified in the heading of this contract.
Retailer: subject, according to autonomous contract stipulated with Mainsoft is from the same authorized and allowed to commercialize the services and supporting the clients to the subscription of the website.
2. Object of the Agreement
2.1 the hereby general conditions of contract discipline the terms of use of the website and of the services. With the acceptance of the present general conditions, the client undertakes to read and accept prior via web the conditions of creation of all the single services that will intend to purchase and will be published by Mainsoft on the website.
3. Guarantees, commitments and client responsibility
3.1 The client declares and guarantees, by assuming every responsibility concerning Mainsoft from every prejudicial consequence that: the data given by the acceptance of the hereby contract are truth and allow to detect the real identity of the same client, and his addresses. In case of variation of the last ones the client is committed to communicate them immediately to Mainsoft in a written form.
-every information, image, material or message in every format ( video, audio or etc.) eventually inserted in public areas of Mainsoft is connected to the same client will be solely titled and or in its sole and legitimate availability. This material does not violate nor transgress any copyright, brand mark, patent or other right deriving from the law (contract and habit). In particular the client states that is not permitted to use or let other use Mainsoft in order to violate to the current regulations of the Italian Court or of any other State and or agreements, treats or international laws, in the same way as is not permitted to the client to use Mainsoft to damage the image of Mainsoft, nor violating labels rules and against moral use. The good habit and public order (for instance by publishing online pornographic contents, racist contents and blasphemous) or with the aim of molesting the public and private peace, offending or direct and indirect damage to whom it could be and tempting to violate the secret of the private messages as well as the use of spam emails techniques or equivalents (not solicited emails and or without authorization from the addressee). The client moreover commits itself not to make through the Internet access any IT piracy.
- the client will keep uninjured Mainsoft from any loss, damage, responsibility cost or expense including legal fees deriving from every violation of what established in the present article. in particular the client will be considered as unique and exclusive responsible of every damage and prejudicial consequence made to Mainsoft or to third parties. If the client is a juridical person he will civilly respond also for its workers, sales representatives, representatives and collaborators in general that use the required services. The client maintains the ownership of the information assuming every wider responsibility in order to the content of the same content of information, by expressively keeping out Mainsoft from every responsibility of verification and or regarding control. That is why it is excluded any Mainsoft responsibility for an unauthorized publication of information by the client. Mainsoft reserves the right to temporary or permanently suspend the publication of what in contrast with the present article or to juridical laws. Whenever the information had an advertising aim the client guarantee that the same are complying to every disposition related. The client assert that Mainsoft recognizes the code of advertising auto-discipline and thus confirm that by its part the regulations of the auto-discipline code will be considered as constraining, accepting the juridical decisions and of the control Committee. Whenever the information had printed or press ex article 1, Law Feb. 8th 1948 N.47 to this will be applied the current printed dispositions and related fulfillment will be of exclusive burden of the client that commits to give the related informative to Mainsoft. In case of violation of the related obligations by the client, Mainsoft has the right to conclude immediately the following contract, according to the article 1456 civil code, and has the right to be relieved by the client and kept uninjured from any prejudicial consequence.
3.2 the client commits to maintain confidential the authenticating credentials communicated and shared with Mainsoft and thus responds of the custody of the same, in particular the client is informed of the fact that their knowledge by third parts will allow to the same the use of the website and of the services related to the same client, that is thus must keep the content of the credentials with the maximum diligence maintaining them secret. The client commits also to immediately notify and communicating in writing to Mainsoft the eventual theft, or loss the credentials, and to change them as soon as possible in case of loss or theft of the same.
4. Rights and limitations of responsibility of Mainsoft
4.1 Mainsoft is committed to provide the best technology to its knowledge, and use its best resources to provide the services listed in the following contract. Thus Mainsoft cannot be liable for damages/anomalies that can occur during the service procurement , that are missed by the technical control, like for example malfunction in the telephone networks that allow the client to connect to the Mainsoft server and or services provided through third parts. Moreover Mainsoft is not liable for malfunction of the main access devices, to an improper use of the same and or access mode to the Services by the client or by third parts due to loss of profit , loss of earnings, nor from any other lucrative disclosure form or indirect damage and consequently connected to the execution of this contract. Mainsoft is not liable for eventual interruptions of the Services that will be restored in the shortest time.
4.2 the client recognizes and understates that the services used by the client are at his risks, Mainsoft will not guaranteeing that these services will release any specific function and or result and or goal; also because it only depends from actions not directly controlled by Mainsoft. Mainsoft will have the right to modify the functions of the website and of the Services. The dispositions of this article will be valid and effective also after the disclosure of this contract, due to terms expiration, resolution or rejection of the same.
4.3 The intellectual property rights related to the programs and or to any document and or information provided by Mainsoft to the client are and always will be of exclusive property of Mainsoft.
4.4 Eventual communications and notifications from the client to Mainsoft will have to be sent through certified letter, anticipated by fax to the address written in the art. 1.Definitions- Mainsoft. Communication sent by Mainsoft to the client will be sent also by email, to the addresses indicated by this last one according to art. 7.
4.5 The use of the brand, business name and client information. The client authorizes Mainsoft, for promotional (paper or digital)purpose to publish the brand and business name of the same client.
4.6 The present general conditions are wrote and stated in observance of the dispositions contained in the legislative decree 206/2005 (consumption code), the client undertake and accepts, that the discipline of the Italian legislative decree. 206/2005 is not applicable when the client concludes itself this hereby contract due to managing and or professional decisions.
5 Duration and recess
5.1 The following contract is valid and effective from the date of the confirmation email sent by Mainsoft for an indeterminate period of time, each and every part could be recessed, with a previous communication to be written and sent to the other part according to the modality described in the art. 4.4, with a minimum of 30 days notice. The client consumer has the right to recess from this following contract within 10 working days from the receiving of the confirmation email. ATTENTION: the hereby contract will be always considered as valid an effective up to the moment when the service/s purchased by the client through the website are valid.
5.2 Mainsoft has the right to declare the contract concluded according to the facts listed in art 1456 Civil Code through a simple written communication to be sent by certified letter in case of not-fulfillment by the client of the obligations contained in the points:9 (corresponding and anticipated amount) and 3 (identity and Client addresses, property of the information, licit use of Internet) also in any case of no respect by the client to the disposition made by the Judicial Authority and or related authorities. Mainsoft rights remain not jeopardized to the perception of the related provided services, also for the compensation of the damage.
6. Assistance
6.1 For problems and complaints the Client can contact the help desk of Mainsoft Tel.: +39 025454104 or email : assistenza@mainsoft.it or by ordinary mail at the address written in epigraph.
7. Modifications
7.1 The client will have to notify promptly to Mainsoft any modification to the indicated data during the subscription phase.
7.2 in case of recess the owner of the Service, the inheritor, can request within 60 days form the recess the entry password to the service.
7.3 during the contractual relationship Mainsoft can request additional documents that the Client must send in order to accomplish the request made by the client.
8. Modifications of the services and variations of the offer conditions
8.1 The client undertakes and accepts that the services can be purchased by the website and are characterized by continuous technology, this is why Mainsoft can modify and change the offer conditions in every moment without previous noticing, when there is a specific technology evolution.
8.2 Mainsoft can modify in every moment the type and characteristics of the website and services supplied; in any case for the services activated or previously renewed from the variation date will be maintained till the first expiration of the accepted conditions.
9. Corresponding and payments
9.1 The corresponding for the services, and related terms of payment are and will be the ones published in the website or eventually agreed by the client and the retailer. The corresponding for the services including the future renewals will be necessarily paid by the client in advance agreeing that the non-payment or delay by the client will cause the no activation or uninstalling of the services temporarily or permanently without the right to any compensation nor refund to the client. All the possible fiscal credits deriving from the use of the website and the services will be charged to the client. Mainsoft can send invoices in electronic format to the address given at the moment of the purchase, the same invoices can be downloaded from the website in a specific area. The client will have to notify to Mainsoft any variation of the email address. The client will be charged of any eventual cost, tax related to the hereby contract.
10. Applicable Law and Jurisdiction
10.1 The hereby contract is regulated by the Italian Republic jurisdiction. For any controversy related or deriving from the hereby contract and its statement will be exclusively applicable from the Court of Milan.
1.DEFINITIONS
According to the general conditions the following definitions are considered:
Mainsoft: Mainsoft S.p.A., registered office in Viale Monza, 355, 20126 Milan (MI) PI and CF 13059860158 fully authorized company according to the current norms and regulations to provide Internet services and Applications, Service Provider and Electronic Communication, considered as object as the hereby contract.
MainPartners: web software platform available on MainSoft Internet website www.mainpartners.it that allows through a reserved access to acquire/renew the Serveces, access, configure and use the services purchased; obtain information about the services and about their technical characteristics.
The access credentials are activated from the staff of Mainsoft through a previous registration on the website www.mainpartners.it made by the insertion of the personal data of the client on the MainPartners website with the related online registration of the present conditions.
Services: web services are available and can be purchased through the MainPartners website by the Mainsoft company to the conditions step by step defined and accepted by the client.
Client: the subject, physical person or corporate (public or private) that requires the access to Mainpartners, identified in the heading of this contract.
Retailer: subject, according to autonomous contract stipulated with Mainsoft is from the same authorized and allowed to commercialize the services and supporting the clients to the subscription of the MainPartners.
2. Object of the Contract
2.1 the hereby general conditions of contract discipline the terms of use of Mainpartners and of the services. With the acceptance of the present general conditions, the client undertakes to read and accept prior via web the conditions of creation of all the single services that will intend to purchase and will be published by Mainsoft on the MainPartners website.
3. Guarantees, commitments and client responsibility
3.1 The client declares and guarantees, by assuming every responsibility concerning Mainsoft from every prejudicial consequence that: the data given by the acceptance of the hereby contract are truth and allow to detect the real identity of the same client, and his addresses. In case of variation of the last ones the client is committed to communicate them immediately to Mainsoft in a written form.
-every information, image, material or message in every format ( video, audio or etc.) eventually inserted in public areas of Mainsoft is connected to the same client will be solely titled and or in its sole and legitimate availability. This material does not violate nor transgress any copyright, brand mark, patent or other right deriving from the law (contract and habit). In particular the client states that is not permitted to use or let other use Mainsoft in order to violate to the current regulations of the Italian Court or of any other State and or agreements, treats or international laws, in the same way as is not permitted to the client to use Mainsoft to damage the image of Mainsoft, nor violating labels rules and against moral use. The good habit and public order (for instance by publishing online pornographic contents, racist contents and blasphemous) or with the aim of molesting the public and private peace, offending or direct and indirect damage to whom it could be and tempting to violate the secret of the private messages as well as the use of spam emails techniques or equivalents (not solicited emails and or without authorization from the addressee). The client moreover commits itself not to make through the Internet access any IT piracy.
- the client will keep uninjured Mainsoft from any loss, damage, responsibility cost or expense including legal fees deriving from every violation of what established in the present article. in particular the client will be considered as unique and exclusive responsible of every damage and prejudicial consequence made to Mainsoft or to third parties. If the client is a juridical person he will civilly respond also for its workers, sales representatives, representatives and collaborators in general that use the required services. The client maintains the ownership of the information assuming every wider responsibility in order to the content of the same content of information, by expressively keeping out Mainsoft from every responsibility of verification and or regarding control. That is why it is excluded any Mainsoft responsibility for an unauthorized publication of information by the client.Mainsoft reserves the right to temporary or permanently suspend the publication of what in contrast with the present article or to juridical laws. Whenever the information had an advertising aim the client guarantee that the same are complying to every disposition related. The client assert that Mainsoft recognizes the code of advertising auto-discipline and thus confirm that by its part the regulations of the auto-discipline code will be considered as constraining, accepting the juridical decisions and of the control Committee. Whenever the information had printed or press ex article 1, Legge Feb. 8th 1948 N.47 to this will be applied the current printed dispositions and related fullfillment will be of exclusive burden of the client that commits to give the related informative to Mainsoft. In case of violation of the related obligations by the client, Mainsoft has the right to conclude immediately the following contract, according to the article 1456 civil code, and has the right to be relieved by the client and kept uninjured from any prejudicial consequence.
3.2 the client commits to maintain confidential the authenticating credentials communicated and shared with Mainsoft and thus responds of the custody of the same, in particular the client is informed of the fact that their knowledge by third parts will allow to the same the use of the Mainpartners website and of the services related to the same client, that is thus must keep the content of the credentials with the maximum diligence maintaining them secret. The client commits also to immediately notify and communicating in writing to Mainsoft the eventual theft, or loss the credentials, and to change them as soon as possible in case of loss or theft of the same.
4. Rights and limitations of responsibility of Mainsoft
4.1 Mainsoft is committed to provide the best technology to its knowledge, and use its best resources to provide the services listed in the following contract. Thus Mainsoft cannot be liable for damages/anomalies that can occur during the service procurement , that are missed by the technical control, like for example malfunction in the telephone networks that allow the client to connect to the Mainsoft server and or services provided through third parts. Moreover Mainsoft is not liable for malfunction of the main access devices, to an improper use of the same and or access mode to the Services by the client or by third parts due to loss of profit , loss of earnings, nor from any other lucrative disclosure form or indirect damage and consequently connected to the execution of this contract. Mainsoft is not liable for eventual interruptions of the Services that will be restored in the shortest time.
4.2 the client recognizes and understates that the services used by the client are at his risks, Mainsoft will not guaranteeing that these services will release any specific function and or result and or goal; also because it only depends from actions not directly controlled by Mainsoft. Mainsoft will have the right to modify the functions of the Mainpartners website and of the Services. The dispositions of this article will be valid and effective also after the disclosure of this contract, due to terms expiration, resolution or rejection of the same.
4.3 The intellectual property rights related to the programs and or to any document and or information provided by Mainsoft to the client are and always will be of exclusive property of Mainsoft.
4.4 Eventual communications and notifications from the client to Mainsoft will have to be sent through certified letter, anticipated by fax to the address written in the art. 1.Definitions- Mainsoft. Communication sent by Mainsoft to the client will be sent also by email, to the addresses indicated by this last one according to art. 7.
4.5 The use of the brand, business name and client information. The client authorizes Mainsoft, for promotional (paper or digital)purpose to publish the brand and business name of the same client.
4.6 The present general conditions are wrote and stated in observance of the dispositions contained in the D. Lgs 206/2005 (consumption code), the client undertake and accepts, that the discipline of the D. Lgs. 206/2005 is not applicable when the client concludes itself this hereby contract due to managing and or professional decisions.
5 Duration and recess
5.1 The following contract is valid and effective from the date of the confirmation email sent by Mainsoft for an indeterminate period of time, each and every part could be recessed, with a previous communication to be written and sent to the other part according to the modality described in the art. 4.4, with a minimum of 30 days notice. The client consumer has the right to recess from this following contract within 10 working days from the receiving of the confirmation email. ATTENTION: the hereby contract will be always considered as valid an effective up to the moment when the service/s purchased by the client through the Mainpartners website are valid.
5.2 Mainsoft has the right to declare the contract concluded according to the facts listed in art 1456 Civil Code through a simple written communication to be sent by certified letter in case of not-fulfilment by the client of the obligations contained in the points:9 (corresponding and anticipated amount) and 3 (identity and Client addresses, property of the information, licit use of Internet) also in any case of no respect by the client to the disposition made by the Judicial Authority and or related authorities. Mainsoft rights remain not jeopardized to the perception of the related provided services, also for the compensation of the damage.
6. Assistance
6.1 For problems and complaints the Client can contact the help desk of Mainsoft Tel.: +39 025454104 or email : assistenza@mainsoft.it or by ordinary mail at the address written in epigraph.
7. Modifications
7.1 The client will have to notify promptly to Mainsoft any modification to the indicated data during the subscription phase.
7.2 in case of recess the owner of the Service, the inheritor, can request within 60 days form the recess the entry password to the service.
7.3 during the contractual relationship Mainsoft can request additional documents that the Client must send in order to accomplish the request made by the client.
8. Modifications of the services and variations of the offer conditions
8.1 The client undertakes and accepts that the services can be purchased by the Mainpartners website and are characterized by continuous technology, this is why Mainsoft can modify and change the offer conditions in every moment without previous noticing, when there is a specific technology evolution.
8.2 Mainsoft can modify in every moment the type and characteristics of the Mainpartners site and services supplied; in any case for the services activated or previously renewed from the variation date will be maintained till the first expiration of the accepted conditions.
9. Corresponding and payments
9.1 The corresponding for the services, and related terms of payment are and will be the ones published in the Mainpartners website or eventually agreed by the client and the retailer. The corresponding for the services including the future renewals will be necessarily paid by the client in advance agreeing that the non payment or delay by the client will cause the no activation or uninstalling of the services temporarily or permanently without the right to any compensation nor refund to the client. All the possible fiscal credits deriving from the use of the Mainpartners website and the services will be charged to the client. Mainsoft can send invoices in electronic format to the address given at the moment of the purchase, the same invoices can be downloaded from the Mainpartners website in a specific area. The client will have to notify to Mainsoft any variation of the email address. The client will be charged of any eventual cost, tax related to the hereby contract.
10. Applicable Law and Jurisdiction
10.1 The hereby contract is regulated by the Italian Republic jurisdiction. For any controversy related or deriving from the hereby contract and its statement will be exclusively applicable from the Court of Milan.
