GENERAL TERMS AND CONDITIONS OF CONTRACT FOR THE REAL COMM OFFER

Article 1 - Definitions

For the purposes of this Contract, the terms subsequently indicated, where reported in uppercase letters, shall have the following meanings, with the clarification that the terms defined in the singular shall also refer to the plural and vice versa.

"Apparatus/es": refers to the equipment and devices necessary to allow the Customer to enjoy Services, by means of Terminals.

"Equipment": collectively refers to the Apparatuses and Terminals.

"Customer": refers to the company requesting the activation of the service.

"Contract": the Proposal relating to the REAL COMM Services, signed by the Customer and accepted by REAL COMM. The General Terms and Conditions of Contract (hereinafter "General Conditions") and the Commercial Offer as referred to in the Proposal and any other attachment constitute an integral and essential part of the Contract with REAL COMM.

"Access Device": indicates the device for connection and access to the REAL COMM Network (such as, for example, Routers, Modems, etc.).

"REAL COMM": REAL COMM SRL., a company based in Porcia, 33080 (PN), via dei Serviti 12, active in the ICT sector providing the REAL COMM Services described in the REAL COMM Commercial Offer.

"Days" means working days.

"RealCare": access portal to Services for REAL COMM Customers (online technical support and HelpDesk).

"REAL COMM Commercial Offer": the document prepared by REAL COMM and made known to the Customer, as well as the information indicated on the website www.realcomm.it, or communicated through other telematic means, containing the technical characteristics of the Service, the terms and contractual and economic conditions under which it is provided.

"Password": indicates the exclusive assignment to the Customer, by REAL COMM, of a keyword for the use of services.

"Proposal": the document to which these General Conditions are attached, duly signed by the Customer with which the latter requests the provision of REAL COMM Services.

"REAL COMM Services": the ICT Services provided by REAL COMM, as described in the REAL COMM Commercial Offers, made known by REAL COMM and selected in the Proposal.

"Services": the set of Services provided by REAL COMM, as described in the Proposal and in the Attachments.

"Additional Services": REAL COMM Services, additional to the Services provided in the Commercial Offer.

"Terminals": the terminal equipment (computers, telephones, monitors, etc.), used by the Customer to enjoy the Services.

"Installation Kit": indicates the set of instructions and devices necessary for the installation of the access device.

"Activation Procedure": the particular telematic procedure through which the Customer who has signed these General Conditions can request REAL COMM to provide additional services in addition to those indicated in the Proposal.

Article 2 - Object

2.1 These General Conditions govern the relationship between the Customer and REAL COMM regarding the provision of services, better described in the Proposal and its attachments, as well as in the related material made available to Customers.

2.2 The Services will be provided by REAL COMM upon stipulation of the relevant Contract with the Customer according to the terms and conditions set forth in the following art. 3.

Article 3 - Conclusion of the Contract

3.1 The Customer may request the Services by delivering the Proposal, dated and signed, to the sales representative appointed by REAL COMM or, at the request of REAL COMM, by sending it to REAL COMM by registered mail with return receipt requested, possibly in advance via fax or through access to the website or other designated channel. Such delivery or sending shall constitute a proposal for the conclusion of the Contract.

3.2 The contract shall be deemed concluded when the Customer receives REAL COMM's written acceptance, or at the time of activation of the Services by the latter. It is understood that the delivery of the Installation Kit and any Apparatuses do not constitute the conclusion of the Contract.

3.3 REAL COMM may decide not to conclude the Contract and, therefore, not to activate the Services in the following cases:
a) if the Customer has defaulted on REAL COMM in relation to previous contractual relationships;
b) if the Customer does not provide adequate proof of their identity, domicile or residence, or, if applicable, of their status as a representative and/or agent of another party and their powers;
c) if the Customer is listed in the register of protests or subject to enforcement procedures;
d) if the Customer submits a petition or is subject to insolvency proceedings;
e) if there are technical-organizational reasons and/or dependent on the Public Administration, of which REAL COMM will provide specific indication, which prevent, slow down, or significantly hinder the activation of the Services, or if from the technical feasibility analysis it emerges the impossibility of providing the requested Service.

3.4 REAL COMM reserves the right to condition the acceptance of the Proposal signed by the Customer to any limitations on the use of the Services and/or specific payment methods and, in the case of a Proposal signed by the Customer who is in default of obligations arising from another contract entered into with REAL COMM, to the total fulfillment of these latter obligations.

3.5 The use by Customers of REAL COMM additional services beyond those governed by these General Conditions implies acceptance of the terms and conditions related to such services, as specified on the website www.realcomm.it, and/or in the Commercial Offer, in the technical usage instructions provided or communicated through other telematic means, all of which constitute an integral and substantial part of these General Conditions.

3.6 It is understood, of course, that the use by Customers of additional services beyond those governed by these General Conditions provided by third parties will be exclusively governed by the conditions and contractual terms provided by the aforementioned third parties.

Article 4 - Provision of Services

4.1 REAL COMM will provide the Customer with the Services specified in the Proposal according to the terms and conditions of the Contract, subject to technical verification by REAL COMM regarding the provision of services.

4.2 The Services will be provided according to the quality standards indicated in the Proposal by REAL COMM.

4.3 Except for other cases of suspension provided for by these General Conditions, REAL COMM may suspend the Services, in whole or in part, at any time, even without notice, in case of network and/or Apparatus failures; it may also suspend the Services in case of scheduled maintenance interventions, to be communicated to the Customer at least 5 (five) days before the scheduled intervention date.

4.4 The Customer acknowledges that the methods of provision of REAL COMM services may be updated by REAL COMM itself, in order to improve the quality of the REAL COMM Service. The Customer undertakes to use the Services in accordance with these General Conditions and all subsequent instructions provided by REAL COMM.

Article 5 - Preparation of Access Software and Equipment

5.1 In the event that the Customer has requested REAL COMM to provide Connectivity or Online Backup Services, the activation of such services will be preceded by an activity of preparation of the necessary Apparatuses and/or Access Software, which may be carried out, according to the type of offer subscribed by the Customer, autonomously by the Customer, following the instructions indicated in the same commercial offer and/or in the activation kit, or by REAL COMM.

5.2 The preparation referred to in the previous paragraph 5.1 is essential to ensure the use of the Online Backup Service, and constitutes a necessary condition for the activation of the Online Backup Service by REAL COMM.

5.3 It is understood that any technical intervention relating to the preparation, installation, configuration, and operation of the Services, in the cases referred to in this article, unless otherwise provided, must be carried out exclusively by personnel authorized by REAL COMM. REAL COMM assumes no responsibility for maintenance, interventions, tampering, and for any activities carried out by personnel not authorized by the latter, as well as for any malfunctions resulting therefrom.

5.4 The technical assistance activity consists exclusively of activities strictly necessary for the preparation, installation, and configuration of the Equipment provided by REAL COMM and for the operation of the Service.

5.5 Technical support does not include any activities for repairing hardware and/or software malfunctions, on the Customer's systems and equipment, nor does it include the preparation of new wiring, or hardware interventions on the Terminal (Personal Computer).

Article 6 - Activation of Services, Access Devices, and Equipment

6.1 The Services will be activated by REAL COMM within 30 (thirty) days from the positive outcome of the necessary technical checks referred to in art. 3.3.e), which must however take place within 30 (thirty) days from the receipt by REAL COMM of the Proposal signed by the Customer. If from the technical feasibility analysis carried out by REAL COMM following the receipt of the Proposal signed by the Customer it emerges the need, for the activation of the Services, to carry out interventions of considerable complexity on the Customer's infrastructures, premises, or equipment, preventing compliance with the aforementioned terms, REAL COMM will communicate to the Customer the estimated times for the activation of the Services. In this case, the Customer shall have the right to revoke the Request within 15 (fifteen) days from the receipt of such communication, with a declaration to be sent to REAL COMM by registered mail with return receipt.

6.2 REAL COMM reserves the right to modify the characteristics and/or technical specifications of the Access devices necessary for the use of the Service.

6.3 Upon activation of the Services, REAL COMM will deliver to the Customer the Equipment, free of charge loan, or rental, or otherwise, as indicated in the Proposal signed by the Customer and/or in the attached form. The equipment will be delivered and installed by REAL COMM.

6.4 The configuration and management of the Equipment will be managed by REAL COMM, which will also provide the basic assistance service to the Customer. The Customer who intends to directly manage the configuration and management of their own equipment must be previously authorized by REAL COMM and, if positive, must comply with the instructions given by REAL COMM to ensure compatibility with the correct functioning of the Services. In this case, the Customer will be responsible for the correct functioning of the Equipment and REAL COMM will be solely responsible for the network infrastructure connecting the Customer's premises.

6.5 The Equipment provided by REAL COMM may be used by the Customer solely to enjoy the requested Services. The Customer will provide for their custody with due diligence and may not transfer the enjoyment to third parties, not even for free and/or temporarily. Except as provided in art. 6.6, any technical intervention on the equipment provided by REAL COMM may only be carried out by personnel authorized by REAL COMM.

6.6 REAL COMM reserves the right to check the condition of use of the Equipment provided by it and/or to replace it at any time. Except in cases where the Customer has acquired ownership of the same, REAL COMM, in the event of the Customer's default on even one of the obligations arising from the Contract, may demand at any time the immediate return of the Equipment provided, in addition to compensation for damages.

6.7 If provided for by the Proposal signed by the Customer, REAL COMM will take care of the commissioning and installation of any security and intrusion systems, to protect the computer network (such as, for example, firewalls). The configuration of the firewalls will be carried out by REAL COMM or by third parties appointed by it, based on the indications and instructions received from the Customer or proposed by REAL COMM and accepted by the Customer. REAL COMM assumes no responsibility if such indications or instructions are inaccurate, incomplete, or otherwise inadequate, also considering specific network configurations or internal technical solutions of the Customer.

6.8 At the expiration of the Contract, and in any other case of its termination, the Equipment provided by REAL COMM must be returned, unless the purchase by the Customer is allowed by the Contract itself.

6.9 If provided for by the Proposal signed by the Customer, the configuration of the firewalls will be carried out by REAL COMM or by third parties appointed by it, based on the indications and instructions provided by the Customer or proposed by REAL COMM and accepted by the Customer. REAL COMM assumes no responsibility if such instructions or indications are inaccurate, incomplete, or otherwise inadequate, also considering specific network configurations or internal technical solutions of the Customer.

6.10 In case of loss, theft, or tampering of the Equipment, the Customer is required to immediately notify REAL COMM, by any means. This communication must be confirmed by the Customer to REAL COMM within 7 (seven) days by fax or registered letter with acknowledgment of receipt, accompanied by a copy of any complaint filed with the competent authorities.

Article 7 - Request for Variation of Services and Payment Methods

7.1 The Customer, without prejudice to what is provided for in article 14, may request variations related to the Services and payment methods with the forms and according to the methods provided for in art. 10, provided that such Services will be provided by REAL COMM under the conditions specified in the Commercial Offer valid at the time of the request. The Customer may inquire about any costs related to the requested changes by contacting sales representatives or visiting the website www.realcomm.it.

7.2 REAL COMM reserves the right to carry out the changes requested by the Customer, if compatible with the Services offered, within the necessary technical times, without prejudice to REAL COMM's right not to carry out what has been requested, in cases where this may cause damage to the integrity of the infrastructure, its proper functioning, or security policies.

7.3 The request for variation of the Services may be submitted exclusively by Customers who are in compliance with the payment obligations of the Services.

7.4 Within 30 (thirty) days from the request, REAL COMM will notify the Customer of the variation, indicating the effective date thereof and any costs, which will be charged in the subsequent invoice, or the reason for its non-execution.

Article 8 - Use of Services

8.1 The Customer will use the Services and Equipment in accordance with the laws and regulations in force and in respect of the rights of third parties, following any technical usage instructions provided by REAL COMM. In the event that the Customer breaches the obligation under this article, REAL COMM may suspend the provision of the Services without notice.

8.2 Apparatuses complying with international standards will be used for the provision of Services, in perfect working order and such as not to disturb the Services or prejudice third parties.

8.3 If the Equipment, or some of them, are no longer or do not comply with the approval conditions, or present malfunctions that may damage the integrity of the infrastructure or the Services, or create risks to the physical safety of people, REAL COMM may suspend the provision of the Services until the non-compliant or defective Equipment is disconnected; in this case, REAL COMM will immediately inform the Customer of the suspension, specifying the reasons for it.

8.4 Except as provided in art. 24.6, the Customer may not allow third parties to use the Services, even partially, neither for payment nor for free, nor may resell them to third parties, without express written authorization from REAL COMM.
8.5 The Customer assumes all responsibility, undertaking to indemnify REAL COMM, pursuant to article 9.4, from any detrimental consequences:
a) regarding the use of the Services and Equipment in a manner contrary to what is provided in paragraphs 8.1, 8.2, 8.3, and 8.4;
b) in case of tampering or interventions on the Equipment carried out by the Customer or by third parties not authorized by REAL COMM;
c) concerning the content and methods of communications transmitted, through the Services, by the Customer or by third parties using the Services.

8.6 The Customer acknowledges and accepts that the choice of some of the Commercial Offers may limit access to certain Services or the use of certain Equipment. For example, in the case of Online Backup, during the operation, the related data may be temporarily inaccessible for normal use by users.

Article 9 - Liability for Services
9.1 Unless otherwise expressly provided in the Contract and subject to mandatory legal provisions, it is understood that each Party shall be liable for damages caused to the other party due to the non-fulfillment of obligations arising from the Contract, limited to direct damages; therefore, liability for indirect damages, such as loss of earnings, loss of revenues and/or profits, loss of business opportunities, and damages to image and/or commercial reputation, is excluded. Notwithstanding the foregoing, the Parties agree that REAL COMM shall not be liable for damages exceeding two twelfths of the annual fee relating to the Service that gave rise to the damage.

9.2 In any case, REAL COMM shall not be liable for damages arising to the Customer or third parties as a result of interruptions, suspensions, delays, or malfunctions of the Services due to acts of the Customer or third parties, or due to force majeure events, or due to technical factors at the time of transition from the service of another ICT provider. Therefore, for example, REAL COMM shall not be liable for damages resulting from tampering or interventions on the Service carried out by the Customer or by third parties not authorized by REAL COMM, from malfunction, inadequacy, or lack of approval of the Equipment used by the Customer, from total or partial interruption of the local access service provided by another supplier and/or operator, from Customer's non-compliance with applicable laws or regulations (including laws and regulations on security, fire prevention, and accident prevention), from government and/or Public Administration activities and/or decisions (e.g., delays in the issuance of permits and/or authorizations), from measures of the judicial or regulatory authority that inhibit the provision of the Services or order the suspension or revocation of the license, from cessation of activity or bankruptcy of concessionaires or other operators including public ones necessary to provide the Services.

9.3 REAL COMM shall not be liable in case technical characteristics, suspensions, interruptions, or malfunctions of the REAL COMM Service are attributable to another supplier and/or operator, which prevent or degrade the continuity and quality of the Services.

9.4 The Customer undertakes to indemnify and hold REAL COMM harmless from any loss, cost, or burden arising from actions, claims, or exceptions made against it by third parties, as a result of or in connection with the Customer's non-compliance with the obligations of this Contract, or otherwise attributable to the Customer's actions.
Article 10 – REAL COMM Customer Service and RealCare
10.1 REAL COMM provides the Customer with a Customer Service, reachable at the telephone number 0434 1831550, active from Monday to Friday from 9:00 am to 6:00 pm, to which the Customer may turn for information, requests, and complaints regarding REAL COMM Services.
10.2 Communications under this Contract, unless otherwise specified, must be sent by registered letter with return receipt requested, or email, or fax. In the case of registered letters or emails, receipt is confirmed, respectively, by the return receipt or transmission. Communications sent via fax are presumed received on the next business day after sending; the fax transmission report is proof of dispatch and date of sending.
10.3 All written communications addressed by the Customer to REAL COMM must be sent to: REAL COMM Customer Service, Via dei Serviti, 12, 33080 Porcia (PN). Unless otherwise indicated, these communications may also be made via email to the following address customercare@realcomm.it, or by fax to number 0434 1831564.
10.4 Communications regarding discrepancies between the Services requested by the Customer from REAL COMM and those indicated in the Proposal signed by the Customer must be sent via fax or email to the addresses indicated in Article 10.3 in order to carry out the necessary checks and any corrections.
10.5 For further technical and IT-related information, such as information on configuring mailboxes on generic email clients, network card configuration, REAL COMM reserves the right to communicate through its designated channels a new assistance number or a new email address.

Article 11 – Customer Personal Data - Communications to the Customer
11.1 In order to allow the provision of the Services, the Customer must provide REAL COMM with their identification data, including a copy of an identification document, a reference telephone number for any contacts from REAL COMM, as well as the email address, if available. Any changes to this data must be promptly communicated by the Customer to REAL COMM in accordance with the methods provided in Article 10.
11.2 The data provided by the Customer will be processed in accordance with the current regulations on the confidentiality of personal data and privacy protection, and in such a way as to ensure, with the support of appropriate technical tools, the security of the data itself, as provided for by Legislative Decree 196/2003 (Privacy Code) as amended, by European Regulation 679/2016 (GDPR), and by Legislative Decree 101/2018.
11.3 All communications sent by REAL COMM to the last address, telephone number, or email address of the Customer, indicated in the Proposal signed by the customer or notified to REAL COMM subsequently, shall be deemed known to the Customer. If the Customer has indicated an address for the invoice delivery different from the residential address, all communications shall be validly made even if sent to the first address.
Article 12 – Consideration - Invoicing - Service Payments
12.1 Payment of the amounts due as consideration for the Services shall be made by the Customer within the period indicated in the corresponding invoice. Unless otherwise provided by the Contract, invoices will be issued to the Customer on a bimonthly basis. VAT due will be applied to all invoiced amounts, in addition to any stamp duty. Due to the specific investments that will need to be allocated for the activation of certain additional services compared to those initially provided, REAL COMM may request advance payment from the Customer for such additional services.
12.2 The invoice will be sent in paper format. In this case, the Customer may be asked to pay a contribution for shipping expenses. Alternatively, REAL COMM may send the invoice in electronic format. The Customer consents to this sending by signing these General Conditions.
12.3 Periodic considerations (hereinafter "Monthly Amounts") will be invoiced on a monthly prepaid basis. For other considerations, invoicing will be deferred relative to the provision of the relevant Service, typically for startup and/or activation.
12.4 Payment of considerations shall be made by the Customer by the means indicated in the Proposal signed by the Customer.
12.5 In the event of non-payment after 15 (fifteen) days from the due date indicated in the invoice, the Customer shall pay REAL COMM, without the need for notice or formal demand, interest on the overdue amounts calculated on an annual basis at a rate equal to the current legal rate increased by 3 percentage points; however, the rate applied shall not exceed that provided by Law No. 108 of March 7, 1996.
12.6 In the event of non-payment within the term specified in the preceding paragraph, REAL COMM shall have the right to partially suspend or limit the Services after notifying the Customer. Service suspension, to the extent technically feasible, shall be limited to only the Services affected by the non-payment as provided by current legislation. In the event that the Customer is subscribed to multiple services, REAL COMM shall not be liable in any way if the interruption of the Services results in the impossibility of accessing other services provided by third parties that are accessed through said services. However, it is understood that suspension does not exempt the Customer from the obligation to pay the considerations accrued during the period of use.
12.7 Should the Customer fail to make payment within 15 (fifteen) days of the suspension as provided in the preceding paragraph, REAL COMM may terminate the Contract pursuant to Article 1456 of the Civil Code, without prejudice to any additional legal remedies.
12.8 Any complaints regarding invoiced amounts must be submitted to REAL COMM in the forms and within the deadlines specified in Article 19. In the absence of timely complaint, invoices shall be deemed accepted by the Customer. Filing a complaint does not exempt the Customer from paying the invoiced and undisputed amounts by the deadline.
12.9 Termination, for any reason, of the Contract does not release the Customer from the obligation to pay the considerations accrued until the date of termination, including any pro rata amounts of fixed contributions for the billing period ongoing at the date of Contract termination.
12.10 REAL COMM may assign to third parties the credit rights against the Customer arising from this Contract, without this in any case resulting in a reduction of the Customer's rights protection.
Article 13 – Security Deposit
13.1 The Customer undertakes to pay, upon motivated request from REAL COMM, a non-interest-bearing security deposit whose amount will be proportionate to the value of the requested Services and provided Equipment. REAL COMM may request at any time the supplementation of the security deposit if it is no longer deemed adequate.
13.2 REAL COMM may suspend the Services, with prior telephone notice, if the Customer fails to comply promptly with the provisions set forth in the preceding point. In case of suspension, the Services will be reactivated following the provision or supplementation of the required guarantees.
13.3 For the satisfaction of its claims against the Customer, REAL COMM may rely on the sums eventually paid by the Customer as a security deposit.
13.4 REAL COMM shall, within 60 (sixty) days from the termination date of the Contract, refund to the Customer the amounts paid as a security deposit, provided that all obligations arising from the Contract have been fully fulfilled.

Article 14 – Changes to General Contract Terms
14.1 REAL COMM may modify the technical specifications of the Services, update the fees for the Services, as well as amend these General Terms and Conditions due to proven and substantiated technical, economic, and managerial needs, or due to changes in applicable laws and/or regulations, which must be specifically communicated to the Customer.
14.2 Changes under the preceding paragraph that result in an increase in the price of Services or other financial burdens on the Customer, or that otherwise affect the contractual position of the Customer, shall be effective only after the expiration of a 30 (thirty) day period from the date of their communication to the Customer. Within the same period, the Customer may terminate the Contract and/or Additional Services and/or Services subject to the modification, with immediate effect, by sending a registered letter with return receipt to the address specified in Article 10.3. In the absence of timely termination, the changes shall be deemed definitively accepted by the Customer.
14.3 REAL COMM may modify the IP addresses assigned to the Customer for proven technical reasons, providing a notice of at least 15 (fifteen) days.
14.4 The Customer may request REAL COMM to change the assigned IP addresses; such request will be fulfilled by REAL COMM compatibly with the available technical resources, with charges applicable according to the economic conditions.
Article 15 – Duration of the Contract – Termination
15.1 The Contract shall be effective from the date of its conclusion and shall be indefinite.
15.2 Without prejudice to the following paragraph, each Party shall have the right to terminate the Contract at any time, by written notice to the other Party sent by registered mail with return receipt or fax, with a notice period of at least 90 (ninety) days, to the address specified in Article 10.3.
15.3 If the Client intends to terminate the Contract before the end of one year from its conclusion, or before the different term indicated in the Contract, REAL COMM shall be entitled to receive from the Client, as compensation for the termination pursuant to article 1373, 3rd paragraph, of the Italian Civil Code, an amount equal to the sum of the Monthly Amounts that, under the Contract, would have accrued in its favor until the expiration of the aforementioned term.
15.4 If the termination of the Contract concerns only some of the activated Services, the Contract shall remain in force for the remaining Services.
Article 16 – Termination of the Contract and Resolutive Condition
16.1 Without prejudice to any other termination scenarios provided by the Contract or by law, REAL COMM may terminate the Contract:
a) In case the Client is subject to bankruptcy proceedings or other insolvency proceedings.
b) In case the provision of the Services is suspended due to the Client's failure to pay the fees due, REAL COMM, after 15 (fifteen) days from the suspension, reserves the right to terminate the Contract immediately under Article 1456 of the Italian Civil Code, by providing written notice to the Client, without prejudice to the right to collect the fees due from the Client and to claim compensation for any further damages.
Article 17 – Subsequent Impossibility
The Contract shall be deemed terminated by operation of law pursuant to article 1463 of the Italian Civil Code if, subsequent to its conclusion, technical-organizational reasons not dependent on the will of REAL COMM arise that make the execution of the due performance impossible or the activation and/or provision of the Services impossible. REAL COMM shall provide specific indication and communication thereof to the Client.
Article 18 – Intellectual and/or Industrial Property Rights
18.1 The Services shall be used by the Client in compliance with the intellectual and/or industrial property rights of REAL COMM and/or third parties.
18.2 REAL COMM is the exclusive owner and/or has the software, related documentation, and any other information and/or data ("Material") provided to the Client in execution of the Contract. The Client is not authorized to reproduce, process, publish, publicly disseminate, distribute and/or retransmit, in any form and by any means, the Material, except to the extent necessary to use the Services, with express prohibition of its transfer to third parties for any purpose, and of any other form of economic exploitation.
18.3 Any text, image, sound, video, work, information ("Contents") subject to copyright or related rights or any other intellectual and/or industrial property rights in favor of REAL COMM, and made available to the Client through the Services, may be used by the Client solely for the enjoyment of the Services themselves. Reproduction, dissemination, publication, and any other form of economic exploitation of the Contents owned by REAL COMM or for which REAL COMM is the licensee, not authorized by REAL COMM, are prohibited.
18.4 Any Content subject to intellectual and/or industrial property rights in favor of third parties, and made available to the Client through the Services, shall be used by the Client in compliance with such rights. The Client assumes all responsibility in the event that its conduct violates the intellectual and/or industrial property rights of third parties, and undertakes to indemnify and hold REAL COMM harmless from any prejudicial consequences that may arise, as provided for in Article 9.4.
Article 19 – Complaints
19.1 Any complaints must be forwarded by the Client to REAL COMM regarding the Service for which the complaint is made, in writing via registered letter with return receipt requested, fax, and email to the addresses indicated in the previous Article 10. REAL COMM will examine the complaint and provide a written response to the Client within 30 (thirty) days from the receipt of the same.
19.2 Complaints regarding invoiced amounts may be submitted by any means and must be confirmed via registered letter with return receipt requested within 15 (fifteen) days from the invoice due date. REAL COMM will examine the complaint and provide a response to the Client within 15 (fifteen) days from the receipt of the written confirmation of the complaint. In case the complaint concerns particularly complex matters, which do not allow for a comprehensive response within the aforementioned time frame, REAL COMM, within said period, will inform the Client about the progress of the matter.
Article 20 – Dispute Resolution
Pursuant to Article 1, paragraph 11, of Law 249/97, for disputes identified by measures of the Authority for Communications Guarantees that may arise between the Client and REAL COMM, the parties agree, before resorting to legal proceedings, to attempt conciliation as provided by current regulations.
Article 21 – Applicable Law and Jurisdiction
21.1 The Contract is governed by Italian law.
21.2 For any and all disputes relating to the validity, effectiveness, interpretation, and execution of the Contract, Italian jurisdiction shall apply, and the competent judicial authority shall exclusively be the court of Pordenone.
Article 22 – Miscellaneous Provisions
22.1 Unless otherwise provided by the Contract, any amendment and/or integration of the Contract must be made in writing and signed by both Parties.
22.2 The Client, pursuant to Article 1407 of the Italian Civil Code, hereby consents in advance to REAL COMM being able to assign all or part of the Contract to third parties that possess reliability characteristics in the execution of the Contract not inferior to those possessed by REAL COMM. The present Contract cannot be assigned by the Client without the prior written consent of REAL COMM.
22.3 REAL COMM has the authority to commission third parties to carry out the works and services necessary for the execution of this Contract, without prejudice to its direct responsibility towards the Client.
22.4 The Client undertakes to do everything necessary to enable REAL COMM to correctly execute the obligations arising from the Contract. To this end, the Client undertakes to grant access to the properties owned by them, where necessary, to personnel authorized by REAL COMM to perform the necessary technical interventions on the network and equipment.
Article 23 – Internet Service
23.1 The Internet service consists of access to the Internet network.
23.2 Without prejudice to any other obligations imposed by law and/or other provisions of the Contract, the Client undertakes to:
a) refrain from transmitting, disclosing, distributing, sending, or otherwise circulating through the Service, information, data, and/or materials that are obscene, defamatory, illegal, or otherwise harmful, disturbing, or in violation of third-party rights and/or laws or regulations, send viruses or transmit advertising messages, chain letters, or "spam";
b) not violate, in any way, through the Service, the intellectual and/or industrial property rights of third parties;
c) not violate the confidentiality of email addressed or intended for third parties;
d) keep secret the User Code and Password assigned, preventing them from being used improperly, improperly, and without authorization, and remaining responsible for any such use thereof. REAL COMM assumes no responsibility regarding the content and forms of the data and information transmitted, disclosed, or otherwise circulated by the Client; the Client undertakes to indemnify REAL COMM, as provided for in Article 9.4, from any actions, claims, or exceptions exercised by third parties against it in connection with such content or forms. The Client also undertakes to promptly notify REAL COMM of the loss, theft, or unauthorized disclosure of their User Code or Password.
23.3 The Client is aware and accepts that, in the event of non-compliance with the provisions of this article, and without prejudice to any further rights of REAL COMM, REAL COMM shall have the right to suspend or permanently interrupt the Service, or terminate the Contract pursuant to Article 1456 of the Civil Code.
23.4 REAL COMM shall in no way be liable to the Client for damages resulting from the unavailability of access to the Internet network, unless such event is due to REAL COMM's willful misconduct or gross negligence.
23.5 In the case of access to the Internet through wireless devices, the Client is aware and accepts that:
a) the coverage area of the Device and the access speed also depend on the environment in which the Device is used;
b) in accordance with the instructions provided by REAL COMM, it is possible to configure your wireless Device in such a way as to prevent its improper use by third-party users.
If the Client fails to adopt these precautions, REAL COMM shall not be held liable for any unwanted accesses.
Article 24 – Housing Service
24.1 The housing service consists of the allocation of spaces in premises (hereinafter: "Premises") available to REAL COMM dedicated to hosting servers (hereinafter: "Hosted Servers") owned by the Clients, together with the provision of connectivity to the REAL COMM network and, as an optional service, to the internet network.
24.2 The Client will communicate to REAL COMM any information useful for the correct management of the Housing Service. The Client shall, at their own expense and under their own responsibility, carry out the installation, testing, and maintenance activities of the Hosted Servers owned by them.
24.3 REAL COMM shall, in the manner and within the terms established by the Contract, provide surveillance of the Premises and their maintenance, in order to ensure their suitability for hosting Servers; REAL COMM shall also provide monitoring services for the Hosted Servers, in order to verify their basic functionalities and connection to the REAL COMM network and, if applicable, to the Internet Network.
24.4 Access by the Client to the Hosted Servers owned by them shall be in accordance with the procedures communicated by REAL COMM.
24.5 The Client remains the exclusive owner of the data and information stored on the Hosted Servers owned by them. REAL COMM assumes no responsibility regarding the content and forms of such data and information; the Client undertakes to indemnify REAL COMM, as provided for in Article 9.4, from any actions, claims, or exceptions exercised by third parties against it in connection with such content or forms.
24.6 REAL COMM expressly authorizes the Client, with regard to the Housing Service ASP, to resell to third parties and/or grant the use to third parties, of ASP Services.
Article 25 – Virtual Server Service
25.1 The Virtual Server service consists of the allocation of virtual computing environments (hereinafter: "Virtual Servers") available to REAL COMM, dedicated to hosting services (hereinafter: "Hosted Services") owned by the Clients, together with the provision of connectivity to the REAL COMM network and, as an optional service, to the internet network.
25.2 The Client will communicate to REAL COMM any information useful for the correct management of the Virtual Server Service. The Client shall, at their own expense and under their own responsibility, carry out the installation, testing, and maintenance activities of the Hosted Services owned by them.
25.3 REAL COMM shall, in the manner and within the terms established by the Contract, provide surveillance of the premises hosting the physical servers on which the Virtual Servers are allocated and their maintenance, in order to ensure their suitability for hosting physical servers; REAL COMM shall also provide monitoring services for the Hosted Services, in order to verify their basic functionalities and connection to the REAL COMM network and, if applicable, to the Internet Network.
25.4 Access by the Client to the Hosted Services owned by them shall be in accordance with the procedures communicated by REAL COMM.
25.5 The Client remains the exclusive owner of the data and information stored on the Virtual Servers assigned to them. REAL COMM assumes no responsibility regarding the content and forms of such data and information; the Client undertakes to indemnify REAL COMM, as provided for in Article 9.4, from any actions, claims, or exceptions exercised by third parties against it in connection with such content and/or forms.
25.6 REAL COMM expressly authorizes the Client, with regard to the Virtual Server Service ASP, to resell to third parties and/or grant the use to third parties, of ASP Services.
Article 26 – Dedicated Server Service
26.1 The Dedicated Server service consists of the allocation of computing environments on dedicated hardware (hereinafter: "Dedicated Servers") available to REAL COMM, dedicated to hosting services (hereinafter: "Hosted Services") owned by the Clients, together with the provision of connectivity to the REAL COMM network and, as an optional service, to the internet network.
26.2 The Client will communicate to REAL COMM any information useful for the correct management of the Dedicated Server Service. The Client shall, at their own expense and under their own responsibility, carry out the installation, testing, and maintenance activities of the Hosted Services owned by them.
26.3 REAL COMM shall, in the manner and within the terms established by the Contract, provide surveillance of the premises hosting the physical servers on which the Dedicated Servers are allocated and their maintenance, in order to ensure their suitability for hosting physical servers; REAL COMM shall also provide monitoring services for the Hosted Services, in order to verify their basic functionalities and connection to the REAL COMM network and, if applicable, to the Internet Network.
26.4 Access by the Client to the Hosted Services owned by them shall be in accordance with the procedures communicated by REAL COMM.
26.5 The Client remains the exclusive owner of the data and information stored on the Dedicated Servers assigned to them. REAL COMM assumes no responsibility regarding the content and forms of such data and information; the Client undertakes to indemnify REAL COMM, as provided for in Article 9.4, from any actions, claims, or exceptions exercised by third parties against it in connection with such content and/or forms.
26.6 REAL COMM expressly authorizes the Client, with regard to the Dedicated Server Service ASP, to resell to third parties and/or grant the use to third parties, of ASP Services.
Article 27 – Domain Name Registration Service
27.1 The domain registration service consists of the activity, provided by REAL COMM at the request of the Client, for the assignment and registration of the domain name, on behalf of and in the name of the Client, to the competent Italian authority (hereinafter "R.A.").
27.2 REAL COMM is in no way responsible for the formation, content, and use of the domain name requested and issued by the R.A. The Client undertakes to waive the assignment, registration, and use of the domain name if it is found, following a dispute, that it infringes the exclusive rights of third parties.
27.3 The Client undertakes to inform REAL COMM of the existence of any other domain names in their possession and/or the renunciation, modification, or cancellation thereof made by another Internet Service Provider.
Article 28 – IP Address Assignment Service
28.1 The IP address assignment service consists of making available to the Client a package of IP addresses, in accordance with the requirements of the Client.
28.2 It is understood that the configuration of IP addresses on the Client's Devices and/or Equipment shall be carried out by the Client at their own discretion and under their exclusive responsibility.
28.3 The Client acknowledges that the termination for any cause and/or reason of the present Contract renders the IP addresses assigned pursuant to the preceding paragraph 28.2 unreachable, with the consequent impossibility of their further use.
28.4 The Client acknowledges that the IP addresses rendered unreachable in the cases provided for in paragraph 28.3 above may subsequently be assigned by REAL COMM to another Client.
Article 29 – Cloudbox Service
29.1 The Cloudbox service provides the Client with a data storage space accessible via the web. Access to data can be made through specific software made available free of charge to the client for Windows PC, MacOS, Linux, and for mobile devices such as smartphones and tablets.
29.2 The amount of space made available (GB) is linked to the specific type of service subscribed to.
29.3 However, the Client is guaranteed the right to obtain expansion of the available space according to their needs.
29.4 The Client remains the exclusive owner of the data and information stored through the Cloudbox service. REAL COMM assumes no responsibility regarding the content and forms of such data and information; the Client undertakes to indemnify REAL COMM, as provided for in Article 9.4, from any actions, claims, or exceptions exercised by third parties against it in connection with such content and/or forms.
Article 30 – Electronic Invoicing Service
30.1 The electronic invoicing service provides the Client with an accredited SdI channel through which to send and receive electronic invoices and credit notes, as well as any other document managed by the Revenue Agency's Exchange System.
30.2 The same service allows the Client to obtain from REAL COMM a unique SdI code valid for operations within the exchange system.
30.3 The service also provides services (web services) for the automation of sending and receiving electronic invoices, as well as any other document managed by the Exchange System. These web services are implemented through authenticated and encrypted mechanisms (https protocol) to protect the confidentiality, identity, and authenticity of the exchanged information.
30.4 The service also makes available to the Client a web portal, accessible via https protocol and subsequent authentication, which allows monitoring of the status of their SdI channel and performing typical management operations thereof.
Article 31 – Authorizations and Sector Regulations
The Client acknowledges that REAL COMM provides its Services based on specific general authorizations for the provision of networks and/or electronic communication services pursuant to Article 25 of Legislative Decree 1 August 2003, no. 259 or other equivalent authorizing titles issued to it under the previous legislation, as well as in compliance with Italian and European legislation on telecommunications, the services provided by or through other infrastructures, national or foreign, used through the Services, are governed by the national laws of the countries concerned, by international regulations on the subject, as well as by the regulations for the use of the individual infrastructures concerned. These regulations may provide for any limitations on the use of the Services and particular liability regimes for the Client concerning the use of the REAL COMM Services.