These General Conditions ("General Conditions" or "Contract") govern the terms and conditions of use to which Hubern S.r.l.s. with the registered office in Via Alvise Cadamosto 14, Rome (RM), VAT number and registration number at the Rome Register IT13956131000 (the "Supplier" or "Hubern") will provide the person, physical or legal entity, private, or the association, identified as a customer (the "Customer"):
the right to use, through authenticated access to the cloud infrastructure made available by the Supplier, the Gopay Internet Application (to which the Customer will be able to access through the URLwww.gopaybot.comor through dedicated software, hereinafter referred to as "Application") hosted on the Supplier's technical technological infrastructure;
management and reporting capabilities suitable for professional use or for a small business as best described in the site http://www.gopaybot.com (hereinafter referred to as the "Linked Services" and, together with the Application, "Gopay").
This Agreement is made up of these General Terms and Conditions and the other documents listed below, all of which form, in every legal effect, an integral and substantial part:
Price List (available on site www.gopaybot.com)
The Contract between the Supplier and the Buyer is finalized by sending Hubern of the Confirmation of Entry communicated by e-mail to the e-mail address indicated by the Customer during the registration as specified in art. 4 of this contract. The Subscription, upon full acceptance of these Terms and Conditions by the Customer, constitutes the perfecting moment of the Contract and allows the activation of Gopay by Hubern.
Customer acknowledges and accepts that he or she can not make any claim for compensation, compensation or claim of any kind to Hubern. In any case, it is understood that access to the Application or use of the Services connected to the Customer confirms acceptance of all terms and conditions set forth in this Agreement.
The Customer is required to pay the fees for the use of Gopay and the related Services listed in the Hubern List (which the User hereby declares and hereinafter referred to as the "Listener"). The Supplier reserves the right to make changes to the Price List without prejudice to the fact that the new price list will be applied after the expiration of the paid services subscribed by the Customer.
The Customer acknowledges and agrees that payment may only be made by means of one of the methods indicated on the Supplier's webpage.
In the event of non-payment or late payment of any sum due under this Agreement, the Supplier shall have the right to suspend immediately and without further notice any benefits due under this Agreement until receipt of the due.
The Customer must register through the internal authentication systems to the Application.
The customer must enter their credentials to access Gopay. These credentials consist of a username and a password (Access Keys).
The Customer will receive a confirmation email to the email address through which he has registered.
The Customer undertakes to keep, store, use, and keep secret the Access Keys with utmost care and diligence also in order to avoid the use by unauthorized third parties. It is forbidden for the Customer to assign, to any third party, the Access Keys or to allow access through the external authentication systems provided by the Application.
In this respect, the Customer acknowledges and accepts:
that third-party knowledge of Access Keys (or access through external authentication systems) may allow the latter to use the Application and Related Services indefinitely;
that the Supplier will not be liable for damage caused to the Customer and / or third parties by the knowledge or use of the Access Keys (or access via external authentication systems) by third parties, including in the absence of compliance with the foregoing prescribed;
that any activity realized using the Customer Access Keys (or access through external authentication systems) will be considered by the Customer to which its Access Keys are associated and the Customer will be held liable for such use.
The Customer shall, however, undertake to withhold and retain the Supplier without prejudice to any claim that may be made against him for any breach of the provisions of this Article 4.
The customer has the possibility to send an infinite number of offers to Gopay.
The customer will be able to activate the paid bot on Gopay with unlimited duration. For the activation, you will need to subscribe to the General Terms and Conditions.
The Customer may only use Gopay in the manner expressly specified in this Agreement and in accordance with the law. In so doing, the Customer shall abide by any technical limitation of the Application and Related Services and the intended use. By way of example and not exhaustive, the Customer will not be able to:
decode, decompile or disassemble the Application unless such activities are expressly permitted by statutory provisions and in any case within the limits of such predictions;
publish the Application to allow duplication by others;
use Gopay in violation of law;
Customer acknowledges that Gopay will need to have electrical, electronic or any other kind of equipment, software, telephone and / or network equipment and anything else that is needed and that therefore Gopay does not include delivery from part of the Provider of tools required for access to the Internet. The Customer also undertakes to keep the Supplier free from any claims that may be made against the latter in any way or in any way connected with the inability of hardware and / or network systems and / or software to enable the correct use of Gopay. Customer acknowledges that the Internet is not controlled by the Supplier and that, for the peculiar structure of the said network, no public or private entity and not even the Supplier is able to guarantee and monitor the performance and functionality of the branches of the network and control the content of information that is transmitted through your network. For this reason, no liability can be charged to the Supplier for the transmission or reception of illegal information of any kind or nature.
In case of failure or malfunction, the Customer undertakes to provide all the specifications and information that may be required by the Supplier.
In the hypothesis referred to in the preceding paragraph where the customer's complaint complains about problems with the cloud infrastructure, the Supplier undertakes to promptly request the intervention of the infrastructure provider and cloud services (hereinafter referred to as the "Cloud Service Provider "), Provided that the Customer will not be liable to any claim against the Supplier for any misconduct that may be attributable to the Cloud Service Provider.
Customer acknowledges and agrees that Gopay is provided "as is" and is characterized by ever-evolving technology; for these reasons Gopay's technical specifications and the terms of the offer may be modified whenever this is required by technological evolution and supply and / or organization requirements.
The Customer will provide you with the permission of the Application and Related Services to be delivered in whole or in part by a Cloud Service Provider or any other party identified by the Supplier.
The Customer is obliged to inform the Supplier promptly of their personal data and to ensure that they are correct, up-to-date and truthful. The Customer also undertakes to promptly notify any variation of the personal data indicated.
Customer acknowledges and agrees that, if he has communicated to the Vendor false, non-current or incomplete data, the latter reserves the right to suspend access to Gopay and / or to terminate the Contract pursuant to Article 1456 of the Code civilian, withholding the sums paid by the Customer and reserving the right to claim damages for the greater damage. In any case, it is understood that all data communicated by the Customer to the Supplier will be covered by the confidentiality requirement of this Agreement.
With the activation of Gopay, the Customer is deemed unique and exclusive responsible for the use of Gopay. Customer acknowledges that he or she is solely responsible for the contents placed, present, passed and / or stored on servers hosted by Gopay and commits you to use Gopay exclusively for legitimate purposes and permitted by applicable law, rules diligence, morality and public order, and in any case, without prejudice to any third party's right.
The Supplier is not required to verify the data and contents stored in the Virtual Infrastructure unless this is required to comply with legal provisions at the request of the Judicial Authority or other competent authority or at the Customer's specific request for reasons of technical support he has requested and therefore can not in any way be held liable for the nature and characteristics of such data, nor for any errors or omissions thereof, as well as for any direct and / or indirect damages to the Customer and / or third parties from the use of the data themselves.
The Customer undertakes to withhold and hold the Supplier free of any costs, expenses or damages that may be caused by third party actions, including public authorities, resulting in violation of the obligations under this Article.
The Supplier, including via the Cloud Service Provider, will make every reasonable effort to ensure the maximum availability of the Gopay service. The Customer acknowledges and agrees that the Supplier may suspend and / or terminate Gopay to provide ordinary or extraordinary maintenance that is appropriate and / or necessary to both the premises hosting the infrastructure and the servers and / or equipment contained therein . In such cases, the Supplier undertakes to restore, or to ensure that the Cloud Services Provider resets, Gopay or the virtual infrastructure, as appropriate, as soon as possible in order to reduce the discomfort created to the Customer.
The Supplier also has the right to suspend and / or interrupt the provision of the Application and the Related Services:
in the event of improper use or violation of this Agreement;
in the event of malfunctions and / or malfunctions to the network and to Gopay's supply systems caused by accident or force majeure or which pose a risk to the network, to persons and / or things, as well as to changes and / or non-programmable and / or predictable and technically indispensable maintenance;
if reasons of security and / or confidentiality are warranted;
in the event of incorrect or non-conforming use of Gopay by the Customer or in any event, failure to comply with the Customer's obligations with regard to the use of computer services and the Internet;
in the event of Gopay problems that can not be remedied without suspending or interrupting Gopay, in any case informing the Customer about the times of intervention and resolution of the problems encountered;
In any case, the Customer shall notify the Supplier within 24 (twenty-four) hours of any eventual irregularities or malfunctions in Gopay. Any damage caused by a timely communication from the Customer will not be attributed to the Supplier.
Supplier and Customer mutually acknowledge that Access to the Web Application and the Use of Linked Services will be provided by the Supplier with the guarantee of a level of availability of services equal to 99% of the time 24 hours a day 7 days on 7 throughout the year (Service Level Agreement, SLA).
The obligations and responsibilities of the Supplier towards the Customer are those defined in the previous article. In any event of breach or breach attributable to the Supplier, the same will respond within the limits set forth by the SLA, except expressly excluding any other compensation or compensation to the Customer for any direct or indirect damages of any nature or kind. The Customer acknowledges and accepts that in all cases where the SLA is not applicable, Hubern will only respond within the limits of the amount spent by the Customer in the last 12 months.
The Customer acknowledges and agrees that the Supplier does not make express and implied warranties or representations that Gopay is fit to meet Customer's needs or is free of errors. Customer acknowledges that Supplier will in no case be held liable for any damages resulting from Customer or third parties as a result of Delays, Failures, or Malfunctions and / or Interruptions in Gopay Deliverance. In any case, within the maximum limits permitted by law, the Supplier's liability may never exceed the amount of expense charged by Customer in the last 12 months.
The Customer also acknowledges that Supplier may in no case be held liable for any damage to the Customer or to any third party as a consequence of the use of Gopay as well as the processing generated by the Application or by the related Services as the Customer in any case to verify the correctness of the processing obtained using the Application or the Services Associated.
Without prejudice to the generality of the provisions of this Article 3, the Customer agrees and acknowledges that in no case shall the Supplier be liable for any failure or malfunction of the network or in any case may be held liable for compensation for loss-making loss.
Customer is required to use Gopay in respect of the intellectual and / or industrial property rights of the Supplier and / or third parties. Customer acknowledges and acknowledges that Licensee's ownership, including source codes and any adaptations, developments, and enhancements made by the Supplier, the relevant documentation, as well as any rights to use it, remain with the Supplier. Any material subject to intellectual and / or industrial property rights in favor of third parties and made available to the Customer through Gopay will be used by the Customer in compliance with these rights. The Customer assumes all responsibility in this regard, and undertakes to hinder and hold the Seller from any prejudicial consequence.
In the event Customer violates the intellectual property rights of the Supplier and / or third parties, the Supplier reserves the right to terminate the Contract pursuant to Article 1456 of the Italian Civil Code.
All trademark rights, logos, names, and other trademark rights associated with Gopay are owned by the Supplier and / or the Cloud Service Provider, so that the Customer will not be able to use them in any way without the prior written permission of Gopay. Provider and / or Cloud Service Provider.
With respect to the provision of the Application and Related Services, the Customer expressly acknowledges and accepts the existence of the Activity Register (LOG - data relating to electronic traffic), compiled and retained by the Supplier or by the Cloud Service Provider, in terms and with the modalities laid down by law. The aforesaid register constitutes full and incontrovertible proof of facts and acts performed by the Customer in relation to the Supplier and / or third parties; it is of absolute confidentiality and may be exhibited and / or provided exclusively at the request of the subjects expressly provided by the Law. The Supplier adopts all the technical and organizational measures necessary to ensure the confidentiality of the connection logs.
The duration of the Contract is agreed upon by the Gopay activation date for an unlimited period.
The Customer Qualified as a "Consumer" pursuant to art. 3 of Legislative Decree no. 206/2005 (the so-called "Consumption Code"), or who acts for purposes other than business or business, may terminate within 10 (ten) days of this Agreement without any penalty, by written communication sent by recommended a / R Hubern S.r.l.s. Via Alvise Cadamosto 14, 00154, Rome (RM) or by certified email (PEC) at [email protected]
Hubern reserves the right to terminate the Contract at any time and without any obligation to give reasons, giving written notice to the Customer, at least 30 (thirty) days notice, subject to events caused by force majeure of which the Supplier reserves the right to terminate this contract with immediate effect. After the above term, the Agreement will be deemed terminated and / or terminated and Hubern may at any time disable the Service without further notice and reimburse to the Customer any amount already paid. In any case, Hubern is entirely liable for the exercise of the right of withdrawal and / or for non-use of the Service by the Customer or the consequent right of them to claim any other reimbursement or indemnification or compensation of any type and gender.
Failure by the Customer to fulfill the obligations under Articles 8, 12 and 13 of this Agreement, if not determined by chance or force majeure, will result in the termination of the contract right under art. 1456 c.c ..
However, this is without prejudice to Supplier's right to obtain compensation for all damages suffered.
Customer may terminate the contract at any time, without any penalty and without requiring refunds, indemnification or compensation, deletion of user and data through the manner provided by the application.
The Customer acknowledges and agrees that the Application and the Services are characterized by evolving technology. For these reasons, Hubern reserves the right to modify the technical and economic features of the Application and Related Services, the tools to them related and vary the terms of the Agreement and of the SLA at any time, even after its subscription, without causing any obligations of any kind to the Customer.
If the Supplier modifies the terms and conditions in any part, such changes will be communicated to the Customer via e-mail or access to the Application. These changes will take effect 10 (ten) days from the date of their communication. In the same term, the Customer may exercise the right to terminate the contract by written notice to be sent in accordance with the terms and timelines provided for in the previous Article 16. In the absence of exercise of the right of withdrawal by the Customer in the terms and in the manner indicated above , the variations will be understood by these definitively known and accepted.
Hubern will be able to vary the technical characteristics, systems, and resources as a result of the normal technological evolution of hardware and software components, ensuring that the customer has the same basic functionality.
The Customer declares that he has all the rights and powers necessary to conclude and execute full and effective execution of this Agreement.
The Customer undertakes not to disclose or otherwise make available any confidential or managed confidential information to third parties in connection with the execution and / or application of this Agreement in the absence of any specific written consent of the Supplier.
This Agreement is subject to Italian law.
Where the Parties intend to bring the ordinary judicial authority, the competent forum shall be that of the place of residence or domicile of the consumer, which is indispensable pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005. Where the Customer is not qualified as a "Consumer", the exclusive forum for any dispute relating to this Contract, its interpretation or execution will be the forum of Rome.
The consumer in Europe must be aware that the European Commission has set up an online platform providing an alternative dispute resolution tool. This tool can be used by the European consumer to resolve any dispute relating to and / or arising out of contracts for the sale of goods and services entered into on the network. As a result, if you are a European consumer, you can use this platform to resolve any dispute arising out of the online contract stipulated with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/). The Owner is available to answer any questions emailed to the email address published in this document.
This Agreement supersedes and supersedes any other prior agreement that may have occurred between the Supplier and the Customer for any reason attributable to the same user (with the same email) and which is the subject of the Service and constitutes the ultimate and complete manifestation of the agreements concluded between the Parties on this object.
Under no circumstances may any Customer's default and / or behavior deviate from the Contract may be considered as exceptions to the same or tacit acceptance of the Agreement, even if not contested by the Supplier. Any Supplier's inertia in exercising or claiming any rights or clauses in the Agreement does not constitute waiver of such rights or clauses.
Unless otherwise expressly stated in the Agreement, all communications to the Customer may be made by the Supplier indistinctly by hand, by e-mail, certified or otherwise, by means of a registered letter, ordinary mail to the addresses indicated by the Customer in the process of enrollment or then acting on the user panel in the Application and consequently the same will be considered by those known. Any variations of the Customer's addresses and addresses including the address and postal address indicated in the order not communicated to the Supplier in accordance with the terms of the Agreement shall not be subject to any objection thereto.
Except for the cases specifically provided in the Contract, all communications that the Customer intends to send to the Supplier regarding the Contract, including service requests, must be sent to [email protected]
Any ineffectiveness and / or invalidity, in whole or in part, of one or more of the terms of the Agreement will not result in the invalidity of the others, which shall be deemed to be fully valid and effective.
Except as expressly provided in the Agreement, the Parties expressly refer, as far as possible, to the applicable law.
Any complaints about the provision of the Service, including the failure to respect the SLA, must be sent to Hubern at [email protected] The Supplier will review the complaint and provide written response within 10 (ten) days of receipt of the complaint. In the case of complaints of particular complexity, which do not allow for a full answer within the above terms, the Supplier will inform the Customer within the above deadlines on the progress of the practice. The Customer undertakes not to sell the contract to third parties without prior written permission from the Supplier.
The Supplier protects the privacy of its customers and ensures that the processing of the data is in compliance with the provisions of the privacy law contained in Legislative Decree no. 196. For privacy information, please refer to the Application area.