GENERAL CONDITIONS FOR THE PROVISION OF THE G-IMAGE SERVICE
1. INTRODUCTION. Geos Consult S.r.l. with registered office in Via Garibaldi 43 20832 Desio (MB) +390362220091 REA 1665515 Milan (hereinafter "the Supplier") provides a web service called G-Image, hereinafter "the Service". By Service we mean, therefore, only the one called G-Image and this agreement governs the contractual aspects of the Service only and not of other supplies of the Supplier. The Service is the subject of this agreement between your company (hereinafter "the Customer" or "User") and the Supplier. The contract for the use of the Service is concluded with the acceptance by the Supplier of the Order Form of which these conditions constitute an integration. This document, the Supplier's Privacy Policy (hereinafter "Privacy Policy") and the Order Form define the conditions of the agreement between the Customer and the Supplier for the use of the Service In case of conflict between the agreements, the specific agreement with the Customer prevails.
2. ACCEPTANCE OF THE GENERAL CONDITIONS OF SUPPLY. The Customer must accept these terms before using the Service. You can accept these terms in the following ways: (i). by returning this signed document to the Supplier, or (ii). using the Service, in which case the acceptance of these conditions will be deducted.
3. OBJECT OF THE SERVICE. G-Image is a web application for managing images. Therefore, with the Service, the Supplier allows the Customer to use the G-Image application for the management of Images (meaning these text files, documents, images, photographs, videos, drawings, etc.) with their devices through the authentication that will be provided by the Supplier (as per article 4). The license for use is not exclusive, it is valid for the duration of the contract provided that the fee provided for in the purchase order is regularly paid. In any case, it ceases upon expiry of the contract or upon termination of the same for any reason. For the duration of the contract, therefore, the Customer will be able to operate with their own devices for the management of Images.
4. METHOD OF ACTIVATION. the Customer must enter their credentials to access the Service. These credentials consist of a username and a password (Access keys). The Customer will receive a confirmation email to the email address provided in the Order Form. The Customer undertakes to guard, store, use and keep secret the Access Keys with the utmost care and diligence, also in order to avoid use by unauthorized third parties. It is forbidden for the Customer to transfer the Access Keys to third parties for any reason. In this regard, the Customer acknowledges and accepts: i) that the knowledge of the Access Keys by third parties could allow the latter to improperly use the Service; ii) that the Supplier will not be liable for damages caused to the Customer and / or to third parties from the knowledge, or from the use, of the Access Keys by third parties, also due to failure to comply with the above requirements; iii) that any activity carried out using the Customer's Access Keys will be considered carried out by the Customer with whom the relevant Access Keys are associated and the Customer will be held responsible for such use. In any case, the Customer undertakes to indemnify and keep the Supplier harmless from any claim that may be advanced against him for any reason for violations of the provisions referred to in this article.
5. USE OF THE SERVICE AND LIMITATIONS. The Customer may use the Service under the terms of these general conditions of supply and the Order Form. All content held within or distributed using the Service (including, by way of example, text files, documents, images, photographs, videos, drawings, etc.) to which the Customer has access is the exclusive property of the Customer who is also the sole responsible. If the Customer uses third party content through the Service, he acknowledges that these contents may be protected by third party copyright, trademark or other intellectual property rights. The Customer may not reproduce, distribute or copy these contents without the prior consent of the holder of the related rights. The Customer is solely responsible for obtaining the prior consent of use by the third party owners. The Provider has no responsibility for the use of these contents and the consequences that may derive from them. The Client acknowledges that the Provider may review, screen, filter or otherwise control any content prior to its inclusion in the Service. It further acknowledges that the Provider has no obligation to carry out this check and that the Provider has no responsibility for the content uploaded by the Customer. It is absolutely forbidden to publish pornographic, offensive, objectionable or illegal content through the Service. In this case, the Supplier, while not having the obligation, reserves the right to suspend or disable the Customer's account and to suspend the Service. In any case, the Customer guarantees the Supplier from any action / complaint / request for compensation that may come from third parties for the publication of content that is not permitted or having a defamatory / offensive / illegal character. The Customer is solely responsible for the content he publishes or uploads to the Service.
6. SYSTEM DEVELOPMENT AND SERVICE INTERRUPTION. These general conditions of supply allow the Customer to access and use the Service as specified in the Order Form. The Service is subject to continuous evolution and evolutionary maintenance by the Supplier. Therefore, the Customer acknowledges that - except for the essential characteristics of the Service which therefore remain guaranteed by the Supplier - the nature and / or form of the Service may change at any time; the Supplier will give prior and appropriate communication to the Customer regarding any such changes.
The Customer acknowledges that the Supplier may temporarily cease to provide the Service, or any feature thereof, at any time and for a maximum duration of 48 hours by giving prior notice to the Customer, for the purposes of maintenance, system updates or other activities. necessary to ensure the continuous effective functioning of the Service.
7. PAYMENTS. The Customer must pay the Supplier all the rates agreed with the Order Form. All payments made are non-refundable, except as expressly stated in this document. If an invoiced amount is not paid by the due date, the Supplier may apply a default rate at a rate of 1,5% of the unpaid amount (or at the maximum rate permitted by law, if less than 1,5%). In the event of a delay in payment exceeding 15 days, the Supplier may suspend the Service.
8. INTELLECTUAL PROPERTY. The Service was created and designed by the Supplier who is the exclusive owner. Except for the content provided by the Customer, which is the exclusive property of the Customer, the Provider is the exclusive owner of all rights, titles and interests, including intellectual property rights (in the broadest sense of the term) inherent in the Service. and to any modification or improvement of the same, even if made on suggestions, ideas, requests, feedback, recommendations or other information provided by the Customer. The Customer grants the Provider permission to use the content provided for the sole purpose of improving, developing and supporting the Service; the Supplier is prohibited from any further and different use of the contents. The Customer is prohibited from using the Service outside of the provisions of the purchase order and these terms and conditions.
9. WARRANTY. The Supplier guarantees that the Service will operate in substantial compliance with its functional specifications as specified from time to time in the standard documentation made available and that, in the event of failure, it will have to apply all reasonable efforts to remedy such malfunction as soon as possible. possible allowed and deriving from the cause of the malfunction itself. The guarantee does not apply in the event that the interruption of the Service depends on external causes and / or force majeure (such as, but not limited to: lack of connectivity, interruption of electricity, etc.)
10. DURATION AND TERMINATION OF THE CONTRACT. The provision of the Service has a duration of one year from the date indicated in the Order Form. Each party has the right to cancel the Service in writing within 30 days of the expiry date. Failing this, the supply will be automatically renewed for another year and so on for subsequent periods. Furthermore, each party has the right to terminate the Agreement in the event of a non-fulfillment by the other party that cannot be remedied, or, if it can be remedied, is not remedied within 14 days of the written warning. the Supplier has, in any case, the right to suspend the Service or part of it during the period in which the Customer's non-fulfillment persists. In the event of termination by the Customer due to non-fulfillment by the Supplier, the Supplier will only be required to reimburse the Customer of a proportional amount of the fee already paid by the Customer (provided that it has already occurred) to the remaining duration of the contract. The termination and termination of the Agreement does not affect the general conditions which by their nature must be considered applicable even subsequently.
11. MISCELLANEOUS. The service supply contract and these general contract conditions are governed by Italian law. The Competent Court is exclusively that of Monza. The transfer, in any form, to third parties by the Customer of the Service Supply Agreement and these general terms and conditions to third parties is prohibited. Failure to comply with this prohibition will be considered an express termination clause pursuant to art. 1456 of the Italian Civil Code and the contract will be considered terminated with the supplier's communication of wanting to make use of it. The Supplier may assign the Supply Contract and these general terms and conditions to third parties. The Service Supply Agreement cannot be changed, except with the written consent of both parties.
12. TREATMENT OF PERSONAL DATA. The personal data of the Customer, or of the Customer's staff and collected and processed by the Supplier for its own purposes and methods and whose processing, therefore, the Supplier is the Data Controller pursuant to the GDPR ("Customer Personal Data"), will be processed by the Supplier in accordance with the information issued at the bottom of these General Conditions by the Supplier pursuant to articles 13 and 14 of the GDPR. Geos Consult srl has appointed a Data Protection Officer pursuant to art. 37 of the European Regulation n. 2016/679 regarding the protection of personal data ("GDPR"). Each interested party can contact the Data Protection Officer by sending his request to amministrazione@geosconsult.it or by sending the communication by post to: Geos Consult srl Via Garibaldi 43 20832 Desio (MB) +390362220091 to the ca: Data Protection Officer Data