|Docurity - Terms and Conditions|
Deasoft s.r.l.s. with registered office in via Vittoria 23G, San Lazzaro di Savena (BO), VAT number IT03339021200 (the “Provider” or “Deasoft”) and the editor of the website www.docurity.com and the editor of the Web Application ‘Docurity’. Deasoft owns and manages the services provided through Docurity.
(i) The right to use through an authenticated access to the Cloud infrastructure made avaiable by the Provider, the Web Application Docurity (which the customer can access through dedicated software, defined below as “Web Application”) hosted on the Provider's technical and technological infrastructure (situated entirely in Europe)
Services can change from time to time at Deasoft's discretion, this contract will be applied to the customer at login time to use the service.
This Agreement defines the terms and conditions under which the use of the Web Application is permitted and describes how we will treat the Customer's account while it is registered in Docurity. If you have any questions about any part of this Agreement, email us at firstname.lastname@example.org.
We reserve us the right to make changes or end any part of the Agreement at any time for any reason, such changes will be notified in writing. The Customer should read this Agreement periodically. The use of the Web Application following these changes constitutes the customer's implicit agreement to follow the Agreement thus modified
The user acknowledge that he's bound by the present Agreement in order to benefit from any Service offered by Deasoft through the Web Application Docurity. If the user does not agree with any part of the present Agreement, the user is requested not to use the Web Application or take advantage of any Service.
User access to the use of the Web Application and Services will be exclusively at the discretion of Deasoft
It is necessary to be at least 18 years old to sign in, make use of the services, visit or make use of the Web Application in any way. By registering, visiting, making use of the Web Site or agreeing the present Contract, the user represent, declares and guarantees Deasoft that he is at least 18 years old and that he reserves the right, the autority and the capability of use the Web Application and the web services avaiable through the Web Site and the Web Application. The user accepts and respects these Agreement.
3.1 The Customer can register by entering the Web App Docurity from his personal computer or lapotp .
3.2 The Customer have to enter his login credentials to access Docurity. These credentials consist of name, surname, username and password (Access Key)
3.3 The Customer will receive a confirmation email to the email adress through which he registered.
3.4 The Customer undertakes to guard, store, use and keep his Access Key secret with the utmost care and diligence in order to avoid the use by unauthorized third parties. It is forbidden for the Customer to assign for any reason the Access Key to third parties or allow them the access through the external authentication system provided for the Web Application.
3.5 In this regard, the Customer acknowledges and accpets:
3.6 The Customer undertakes to indemnify and keep the Provider harmless form any claim that may be made against him for whatever reason for the violations of the previsions of the present Article 4.
4.1 In case of reporting faults, the Customer undertakes to provide all the specifications and the informations that may be requested by the Provider.
4.2 In the cases referred to in the previous point where the Customer's complaint refers to problems related to the Cloud infrastructure, the Provider undertakes to promptly request the intervention of the infrastucutre and Cloud Service Provider (hereinafter the "Cloud Service Provider"), notwithstanding the Customer have no claim against the Provider for any type of disservice due to the Cloud Service Provider
5.1 The Customer acknowledges and agrees that Docurity is provided "just the way it is" and it is characterised by costant envoling technologies; for these reasons, the technical characteristics of Docurity and the conditions of the offer may be modified when this is made necessary by technological evolution and by supply and / or organizations needs
5.2 The Customer gives its authorization right now so the Web Application and the Related Services can be provided in whole or in in part by a Cloud Service Provider or by another person identified by the Provider.
6.1 With the activation of Docurity, the Customer is the only responsible for the use of Docurity. The Customer acknowledges it is the only responsible for the contents placed, presents, stored on the Docurity's hosting server and acknowledges it is repsonsible for any other content passing through Docurity. The Customer undertakes to use Docurity exclusively for lawful purposes permitted by the legal prevision applicable from time to time, the Customer undertakes to use Docurity respecting rules of due care, morals and public order and in any case, without compromising any third parties right.
6.2 The Provider is not required to verify the data and the content stored into the virtual infrastructure, unsless this is necessary to comply with legal provisions, at the request of the Judicial Authority or other competent Authority or at the specific Customer's technical support reason request therefore the Provider cant't be held accountable in any way for the nature and the characteristics of these data and for any errors and/or omissions as well as any direct, indirect, damages deriving to the Customer and/or to third parties by the use of these data.
6.3 The Customer undertakes to inemnify and hold the Provider harmless of any cost, burden, or damage that may be caused following a third parties actions, including public authorities, due to the violation of the commitments undertaken in the present article.
7.1 The Provider will make every reasonble effort to guarantee the maximum availability of Docurity, also through the Cloud Service Provider. The Customer undertakes ad agrees that the Provider can suspend and/or interrupt Docurity to guarantee ordinary or extraordinary maintenance interventions that are necessary and/or appropriate both to the premises hosting the infrastructure and to the servers and /or equipment contained therein. In these cases, the Provider undertakes to restore, or to make sure the Cloud Service Provider restores Docurity quickly as possible in order to reduce the inconvenience caused to the Customer.
7.2 The Provider reserves also the right to suspend or interrupt the supply of the Web Application and of the related services:
7.3 In any case the Customer must notify the Provider of any ireegularities or malfunctions of Docurity within 24 (twentyfour) calendar hours. Any damage cause by a non-timely communication by the Customer will not be attributable to the Provider.
8.1 SERVICE LEVEL AGREEMENT (“SLA”)
8.1 The Provider and the Customer mutually acknowledge that the Access to the Web Application and the use of the Connected Services will be provided by the Provider with the guarantee of a level of avaiability of the services equal to 99% of the time, 24 hours a day, 7 days a week throughout the year (Service Level Agreement, SLA).
9.1 The obligations and the responsabilities of the Provider towards the Customer are those defined in the previous article. In any case of violation or non-fulfilment attributable to the Provider, the Provider himself will respond within the limits required by SLA, any reimbursement or indemnities of any kind for direct or indirect damages of any nature and species of as for now are expressly excluded. The Customer undertakes, now for then, that in all cases which the SLA does not apply, Deasoft will respond only within the limits of any amount spent by the Customer in the last 12 months.
9.2 .The Customer acknowledges and agrees that the Provider makes no representations and warranties either express or implied on the fact that Docurity is suitable to satisfy Customer's requirements or that is error-free. The Customer acknowledges and agrees that the Provider can not be held responsible for any and all damages that may be arise to the Customer or to third parties from delay, failures to carry out or malfunctions and/or interruptions in the provision of Docurity. In any case, within the maximum limits permitted by law, the Provider's liability will never exceed the amount of any sum spent in the last 12 months by the Customer.
9.3 The Customer acknowledges and agrees that the Provider can not be held responsible for any and all damages that may be arise to the Customer or to third parties from the use of Docurity as well as from the processing generated by the Web Application or by the Connected Services the Customer is required to verify the correctness of the processing obtained using the Web Application or the Connected Services.
9.4 Without prejuice to the generality as provided for in the present Article 3, the Customer acknowledges and agrees that in any case the Provider can be held responsible in case of network breakdowns and/or malfunctions nor can be held responsible for the compesation for the loss of profit .
10.1 The Customer is required to use Docurity while respecting third parties and/or Provider's intellectual and/or industrial property rights. The Customer acknowledges and accepts that the ownership of the Web Application, including source codes and any adjustments, developments and enhancements made by the Provider, of the related documentatin and also all the rights to use them economically, remain with the Provider. Any material that is subject of intellectual and/or industral rights in favor of third parties and that is made avaiable to the Customer through Docurity, will be used by the Customer in compliance with these rights. The Customer as for now, assumess all responsability with regards to this, and undertakes to indemnify and hold harmless from any prejudicial consequences that may derive from a type of use that is not conforming to the above mentioned regulations.
10.2 In the event the Customer violates Provider's or Third Parities's intellectual or industrial rights, the Provider reserves the right to terminate the contract pursuant to article 1456 of the civil law.
10.3 All the brands, trade names and distinctive symbols associated with Docurity are the property of Provider or Cloud Service Provider, and the access to the Web Application shall not be construed as attributing any right to these, the Cutomer can not use them without the prior written authorization of the Provider and/or of the Cloud Service Provder.
11.1 With reference to the provision of the Web Application and these Connected Services, the Customer expressly acknowledges and agrees the existence of the Activity Log (LOG - data relating to telematic traffic), compiled and stored by the Provider or by the Cloud Service Provider, in the terms and in the manner established by law. The aforementioned register constitutes full and incontrovertible proof of the facts and acts performed by the Customer in front of the Provider and/or third parties; This register is absolutely confidential and it might be exhibited and/or supplied exclusively upon request of the parties specifically designated by Law. The Provider takes all the technical and organisational measures necessary to ensure the confidentiality of this logs.
12.1 The User may withdraw from the Terms and Conditions and from the Web Application at any time and without motivation. From the email adress associated with his Account, the User can simply send a communication containing the declaration "DELETE ACCOUNT" to the following email adress: email@example.com.
12.2 Deasoft reserves the right to withdraw from the Contract at any time and without obligation to state reasons by giving written communication to the Customer with a notice period of 30 (thirty) days at least, except in the case of events caused by force majeure under which the Provider reserves the right to withdraw from this Contract with immediate effect. Once the period above-mentioned has expired, the Contract must be considered ceased or terminated and Deasoft can deactivete the Service without further notice at any time and refund the Customer any amount already paid. In any case, Specifically exluded is any other liability of Deasoft for the exercise of the right to withdraw and/or for the non-use of the Service by the Customer , that is the consequent right of the Customer to claim any other refun or indemnity or compensation of any kind.
13.1 This Contract cancel and supersedes any prior agreement between the Priovder and the Customer in respect the supject matter of this Contract, and constitutes complete acceptance of the agreements concluded between the parties on such subject.
13.2 In any case, any such failure and / or any behaviour of the Customer that differ from the Contract may be considered as derogations of the Contract or a tacite acceptance these failures and behaviour, even if not contested by the Provider. Any lack of action by the Provider in exercising or enforcing any right or clause of the Contract, does not imply a waiver of those rights or clauses.
14.1 With reference to the processing by the Provider of third parties personal data of which the Customer is the data controller and placed or processed by the latter in the execution of the Contract ("Third Part Personal Data"), under the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the parties reciprocally acknowledge to comply with the provisions of the "Master Data Processing Agreement" ("MDPA") annex to this Contract (Annex A) in place between the parties and avaiable at www.docurity.com/gdpr_eng.htm
14.2 Customer Personal Data collected and processed by the Provider with the aims and modalities of the treatements to which is belonging the data, the Provider is the "Holder" in accordance with the GDPR ("Customer's Personal Data"), Personal Data will be processed by the Provider in accordance with the information note of these General Conditions issued by the Supplier pursuant to articles 13 and 14 of GDPR
14.3 Deasoft appointed a Data Protection Officer ("DPO") pursuant to article 37 of the General Data Protection Regulation (EU) 679/2016 ("GDPR"). Each data subject may contact the Responsible for Data Protection by sending a request to the e-mail adress: firstname.lastname@example.org, or by mail to:
Via Vittoria, 23G
40068 – San Lazzaro di Savena (BO)
c.a.: Responsible for Data Protection
When contacting us, the person concerned must make sure to include it's name, email / postal adress and /or telephone number(s) to be sure that communication can be managed correctly.
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