Terms and Conditions of Marco Rinaldi's IT Hosting and Consulting Service
1. Introduction
1.1 This page, together with the documents referred to herein, sets forth information about us and the legal terms and conditions ("Terms") under which we provide any of the services ("Services") listed on our website ("our site") to you.
1.2 Before ordering any Services from our site, please read these Terms carefully and make sure you understand them. Note that by ordering any of our Services, you agree to be bound by these Terms and the other documents expressly mentioned.
1.3 If you refuse to accept these Terms, you will not be able to order any Services from our site.
1.4 We recommend that you print a copy of these Terms for future reference.
1.5 We amend these Terms from time to time as described in clause 6. Whenever you wish to order Services, check these Terms to ensure that you understand the terms that will apply at that time.
2. About Us
2.1 We operate the website marcorinaldi.us. We are Marco Rinaldi, a sole proprietorship based in Italy. To contact us, please visit our page Contact.
3. Use of Our Site
3.1 Your use of our site is governed by our Website Terms of Use. Please take the time to read them, as they include important terms that apply to you.
3.2 By using our site, you must also abide by the provisions of our Acceptable Use Policy for the Web Site.
4. How We Use Your Personal Information.
4.1 We use your personal information only in accordance with our Privacy Policy. We encourage you to take the time to read these documents as they include important terms that apply to you.
5. Our Contract with You
5.1 These Terms and any document expressly referred to herein constitute the entire agreement between you and us ("Agreement"). You acknowledge that you have not relied on any representation, promise, or representation made or given on our behalf that is not contained in these Terms or any document expressly referred to.
5.2 Where you are a consumer, you have legal rights in relation to Services that are not as described. Advice about your legal rights is available from your local consumer rights office or trading standards office. Nothing in these Terms will affect these legal rights.
6. How the Contract is Formed Between You and Us
6.1 Our order process allows you to check and change any errors before you send us your first order. Please take the time to read and verify your order on each page of the order process.
6.2 After you place an order for Hosting Services, you will receive an e-mail from us confirming that we have received your order. However, note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
6.3 If you are ordering Hosting Services with us, we will confirm our acceptance by sending you an email ("Order Confirmation"). If you are ordering Domain Registration Services with us, we will confirm our acceptance by sending you an invoice. The Contract between us will be formed only when we send you the Order Confirmation or invoice as described above.
7. Provision of Services
7.1 We will provide the Services to you from the date specified in the Order Confirmation, in the case of hosting services, or in the invoice, in the case of domain registration services, until the completion or renewal date specified in the Order Confirmation. Where no completion or renewal date is specified, we will provide the Services until the termination of the Agreement in accordance with the Terms.
7.2 In the event that the Order Confirmation establishes milestones for the provision of the Services, We will endeavor to complete the Services within the stipulated time. However, delays may occur due to an Event beyond Our Control. See clause 17 for our responsibilities when an Event Outside Our Control occurs.
7.3 We will need certain information from you that is necessary for us to provide the Services, for example, name, address, contact details. We will contact you about this. If you do not provide this information after being requested by us, or provide incomplete or incorrect information, we may charge you a reasonable additional fee to cover any extra work that is required, or we may suspend the Services by giving you written notice.
8. Rights to Vary these Terms
8.1 We may review these Terms from time to time, including but not limited to the following circumstances:
- Changes in the way we accept payments from you; and
- Changes in relevant laws and regulatory requirements.
8.2 Whenever you order Services from us or the Contract between us is renewed, the Terms in effect at that time will apply to the Contract between you and us.
9. Price of Services
9.1 Prices for the Services shall be as quoted on our site from time to time or as otherwise agreed between us.
9.2 Prices for our Services may change from time to time, but changes will not affect any order that we have confirmed with an Order Confirmation or invoice.
10. How to Pay
10.1 You can pay for the Services using a debit or credit card, PayPal or Bank Transfer. We accept the following cards: Visa, MasterCard, American Express.
10.2 Payment for Services is in advance and may be made monthly or annually, as specified in the Order Confirmation. We will not charge your debit or credit card until we send you an Order Confirmation.
11. Termination
11.1 Any party (the "Non-Defaulting Party") may terminate this Contract immediately in the event that the other:
- Commits a material breach of any of its obligations under this Agreement and has not remedied such breach (if capable of remedy) within 30 days after the non-breaching Party's request to remedy by sending written notice; or
- Is subject to any order of liquidation or resolution, has a provisional liquidator appointed over it, has a receiver appointed over it, or is subject to an application filed in court for an order of administration or if a notice of intention to appoint an administrator is filed or an order of administration is made against it.
12. Consequences of Termination
12.1 Other than as set forth in these Terms, neither party shall have any further obligations to the other under a Contract after its termination.
12.2 Any provision of these Terms that expressly or by implication is intended to take effect or continue
in effect at the termination of a Contract shall remain in full force and effect.
13. Responsibility if you are an enterprise
13.1 Nothing in these Terms limits or excludes our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent statement; or
- Anything else for which it would be illegal or void to try to exclude liability.
13.2 Except as set forth in clause 13.1, we shall in no event be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- Any loss of profits, sales, business or income;
- Loss or corruption of data, information, or software;
- Loss of business opportunities;
- Loss of expected savings;
- Loss of goodwill; or
- Any indirect or consequential loss.
13.3 Subject to clauses 13.1 and 13.2, our total liability to you for all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no event exceed the price of the Services in the preceding twelve-month period.
14. Liability if you are a consumer
14.1 Nothing in these Terms limits or excludes our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent statement; or
- Anything else for which it would be illegal or void to try to exclude liability.
14.2 If we fail to comply with these Terms, we will be liable for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but, subject to clause 14.1 above, we are not liable for any loss or damage that is not foreseeable. A loss or damage is foreseeable if it was an obvious consequence of our breach or was contemplated by you and us at the time we entered into the Contract.
15. Compensation
15.1 You shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and reasonable legal and other professional costs and expenses) suffered or incurred by us arising out of any breach by you of the warranties contained in clause 7; and any claims made against us for actual or alleged infringement of third party intellectual property rights arising out of our use of software and/or other materials supplied by you.
16. Events Beyond Our Control
16.1 We shall not be liable or held in default for any failure or delay in performance of any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined in clause 16.2.
16.2 An 'Event Beyond Our Control' means any act or event beyond our reasonable control, including, without limitation, strikes, blockades or other industrial action by third parties, civil unrest, riots, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster,
or failure of public or private telecommunications networks.
17. Communications between Us.
17.1 When we refer in these Terms to "in writing," this will include e-mail.
17.2 If you wish to contact us in writing, or if a clause in these Terms requires that you give us notice in writing, you may send this to us by e-mail to [email protected]. We will confirm receipt of this by contacting you in writing, usually by e-mail.
18. Other Important Terms
18.1 This Contract constitutes the entire agreement between you and us and supersedes and extinguishes all prior plans, agreements, arrangements and understandings between you and us, whether written or oral, relating to its subject matter.
18.2 Each party agrees that it will have no remedy with respect to any representation or warranty (whether made innocently or negligently) that is not set forth in this Contract. Neither you nor we will have any claim for innocent or negligent representation based on any statement in this Contract.
Since the terms and conditions have been detailed up to section 18, we will conclude with some final sections that usually appear in documents of this type to ensure complete coverage and provide clarity to both provider and customer on important final aspects.
19. Assignment and Other Arrangements
19.1 You may not assign or transfer any of your rights or obligations under this Agreement, in whole or in part, without our prior written consent.
19.2 A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Acts 1999 to enforce any of these Terms.
20. Divisibility
20.1 If any court or competent authority determines that any provision of this Contract (or part of any provision) is invalid, illegal, or unenforceable, such provision or part-provision, to the extent necessary, shall be deemed omitted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
20.2 If any invalid, illegal, or unenforceable provision of this Agreement could be valid, legal, and enforceable by eliminating part of it, the provision will apply with the minimum change necessary to make it legal, valid, and enforceable.
21. Waiver
21.1 If we do not insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, this will not mean that we have waived our rights against you, and it will not mean that you will not have to comply with those obligations. If we waive a default by you, we will do so only in writing, and this will not mean that we automatically waive any subsequent default by you.
22. Applicable Law and Jurisdiction
22.1 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Italy.
22.2 The parties irrevocably agree that the Italian courts shall have exclusive jurisdiction to resolve any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).
23. Contacts and Communications
23.1 If you have any questions regarding these Terms, the Services provided, or if you need assistance or support, you may contact us via the email provided in Section 17.2 or via the contact page on our website. We are committed to responding to all communications in a timely manner and to providing a level of service that reflects the importance of our customers and their satisfaction.
These Terms and Conditions have been prepared to provide a clear understanding of the rights and obligations of both Marco Rinaldi and the clients of the IT hosting and consulting service. It is essential that these Terms be read carefully and understood completely before availing yourself of the Services offered.
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