The following terms regulate the relationship between the COMPANY and the CUSTOMER. We premise that it is in the company interests to deliver an efficient service to its customers in complete transparency.
In the terms of service we tried to protect the COMPANY and all CUSTOMERS of services provided, from abuse that may be committed by some CUSTOMERs against the COMPANY and that may hinder the proper delivery of the service to other CUSTOMERS.
All the subjects and parts of this contract convey with the following terminology nomenclature.
The COMPANY, is the subject that deliver the service or product that is the core of this contract.
The Company is HFS Italia srl with legal location placed San Severo (Foggia), 71016, Italia, Via P. Nenni 67, VAT n. IT03802460711.
The CUSTOMER is the subject that promote this contract with the scope of make use of services produced, arranged or delivered by the COMPANY.
The SERVICE, consist in any service or product sold by the COMPANY.
The PROFILE, is intended as the restricted areas of the COMPANY website to which access is restricted to CUSTOMERS by the use of personal credentials. The CUSTOMER can administrate and manage bought services and relationships with the COMPANY.
The Suspension make temporarily impossible to use SERVICES arranged by the COMPANY,
The Cessation is intended as the complete and permanent stop of services fruition.
2. Object of this agreement
The COMPANY asks the CUSTOMER to accept the conditions of this agreement for the delivery of services with features and performances defined in the web pages and technical spec pages related to the ordered services.
The services are offered exclusively as “license of use” and cannot become property of the CUSTOMER except for some kind of product or service where explicit clauses are present.
Trademarks, and names of the company or of any supplier are not part of this agreement.
Any additive service, accessory inherent the supplied SERVICE, bought subsequently or in concomitance are intended as part of the main service and so making part of the contract of the main SERVICE bought. This means that in case of CESSATION or SUSPENSION of main SERVICES, the additive services or accessory will be ceased or suspended too.
It’s not possible for the CUSTOMER to transfer or alienate this agreement, it’s anyway possible to allow the fruition of the services to third parties although the responsibility of their (third parties) activities will be completely hold by the CUSTOMER.
3. Order endorsement
Received orders are subject of approval. The COMPANY reserve its right to reject the delivery of services to any CUSTOMER for any reason. In the case of an inherent payment the service has already been made, this will be refunded.
4. Activation times
SERVICES purchased will be delivered or their delivery procedure will be initiated within a maximum of 5 working days from payment, unless there are different alerts on the website or in your profile.
In case of a delay in performance is attributable to the COMPANY, the customer may cancel the contract obtaining a refund of payments made.
It is noteworthy that 5 days is the normal time limit, usually the services will be provided within hours after payment.
5. Renewal, termination, withdrawal of the Customer
This agreement covers SERVICES susceptible to later periods of renewal than the initial disbursement.
The renewal is considered tacit by the CUSTOMER if this ensures payment of the renewal purchase order that is sent a few days before the expiry date of the service indicated on it.
In case of non-payment of the purchase order, the agreement will be considered resolved and the provision of the service ended.
The COMPANY reserves the right at all times to foreclose the possibility of renewal or extension of the periods of service delivery. Where it has been already paid, this will be refunded.
It is possible to request the cancellation of the service in advance, in which case any purchase orders already sent, will be void.
In cases of intention to withdraw immediately from the agreement, the amount paid will be retained and those not paid will continue to be due, as a buyout penalty.
6. Payments and Billing
The CUSTOMER shall pay the fee for the renewal of services, within the expiry date shown on the purchase order issued. In case of non-payment at maturity, the service may be suspended or terminated at the discretion of the staff of the COMPANY.
The payment methods are listed on the pages of the Web site and when ordering the user can select their preferred method among those currently available. Please pay attention that some payment methods are slower and can take several days to arrive in our systems.
It should be noted that not all payment systems are available in every country, and that the COMPANY reserves the right to restrict payment systems available in certain countries or to certain CUSTOMERS, including a fee already forwarded. In this case, the payment will be refunded.
The COMPANY reserves the right to remove or replace the payment methods at any time at its discretion.
It is the responsibility of the CUSTOMER to pay the purchase order on time, allowing payments to be received on time by our systems, thus avoiding suspensions and terminations of service.
The price of the services is in EUR, payments made in other currencies will be converted by the intermediaries of payment according to their conversion rate into EUR.
Refunds of payments made in foreign currencies on payment systems, such as dollars, rubles and more, are made in EUR and converted at the exchange rate calculated by the broker handling the refund.
For example, for the purchase of a product of 100 euros, paid, at the exchange rate of $ 1.20 per euro by the intermediary, $ 120. For a full refund, we will dispense 100 Euro, and if the exchange rate of the intermediary is varied, for example to $ 1.10 per euro, the intermediary will reimburse $ 110 to the customer.
For payments made using Bitcoin, the COMPANY does not guarantee the possibility of reimbursement with the conversion from Euro to Bitcoin from the intermediary. Therefore reimbursements for payments made in Bitcoin can be delivered directly to the CUSTOMER in Euro and methodically at the discretion of the COMPANY.
7. Customer and company communications
The official communication channels between COMPANY and CUSTOMER are the CUSTOMER PROFILE, and emails.
It is imperative for both parties, CUSTOMER and COMPANY, to maintain a good level of communication for the provision of services.
It is the duty of the customer to provide, with diligence, reliable and accurate data, and keep their data updated in the PROFILE to receive communications relating to it. If the customer does not engage thus, the communications sent to incorrect or outdated contact information will still be considered RECEIVED.
If the CUSTOMER loses access for any reason to their PROFILE and its services, to allow the CUSTOMER to regain access to their PROFILE we reserve the right to ask for identification documents and additional elements at our free choice to ascertain, within the limits of our ability, that the request is legitimate and not an attempt to defraud the CUSTOMER and the COMPANY.
8. Responsibility of the CUSTOMER
The CUSTOMER is responsible for using the services in compliance with international, national and regional law. For any abuse of the service, illicit use, or violation of these terms the CUSTOMER will be held responsible, any activities performed by third parties, employees and customers or other sub on his profile and use of services are also the responsibility of the CUSTOMER.
Access to a profile is restricted by password, it is the duty of the CUSTOMER keep it safe to prevent theft, fraud and abuse.
Any violation of any provision in paragraph 10 (Use of Services), particularly the clauses lettered I and L, may result in unannounced suspension or termination of the service provided, which may extend to all services provided by the COMPANY to the CUSTOMER and any relationship between the parties also not included in this contract. All payments related to services and relationships whose suspension or termination is due to violation of any provision in paragraph 10 (Use of Services), are not refundable in any way as a penalty. Any amounts due remain unpaid.
Any violation of the provisions in paragraph 10 (Use of Services), will result in an additional penalty for the customer in the amount of € 150 + taxes, in compensation for the time spent on the discovery of the violations.
The CUSTOMER will be held responsible for damage caused by misuse of the service, whether physical, or of the image of the COMPANY and will be liable to compensate the damages and any others that will be charged to COMPANY caused by their activities.
9. Limits of liability
The Company undertakes, in its own interest to provide an efficient and valuable service to its customers.
However in any case we cannot be held liable for damages of any kind, including but not limited to, economic, moral, losses or lack of profits and loss of data caused by any interruptions or malfunctions in the provision of the service. This regardless of the causes that have produced the disservice.
In the distribution of the service numerous impediments can present themselves that are beyond our control, responsibility and control so we cannot be held responsible for, including without limitation, malfunctioning of the providers of telecommunications, power failure and other acts of force majeure.
The malfunction or interruption in the distribution of the service solely attributable to the conduct of COMPANY are admitted up to 99% of the service properly disbursed calculated on a monthly basis (considering the beginning of the month, the date of activation of the service to the CUSTOMER). Additional hours of disruption due to the COMPANY over this threshold, will be refunded within 30 days in proportion to the cost of the service for the period chosen. These will be calculated from the opening of a ticket or the sending of an email warning of the malfunction until notification of resolution of the problem, of course only if this disruption was real and verifiable.
By way of example, for a service of a monthly duration costing 360 €, with a ticket opened at 08:00 to report the malfunction. The malfunction is declared ceased in the ticket at 18:00. So the 10 hours of disruption, which causes a proper service delivery of less than 99%, i.e. 98.61%, can be redeemed in accordance with the total amount of the service, the user will be refunded about 5 €.
Any exceptions to the limitations of liability, redemptions and service guarantees, may be present in the paragraphs of the SECOND PART relating to specific services purchased
We are in no way responsible for any illegal activity executed with or through our services.
10. Use of Services
The services offered are to be used for legitimate activities, in accordance with international, national and regional law.
In particular the following, but not exclusively, are prohibited through our services:
a) the spread of warez material or protected by copyright without the necessary license;
b) the spread of malicious material, such as viruses, Trojans and more.
c) to carry out activities aimed at fraud.
d) the spread of child pornography.
e) the sending of SPAM or other unsolicited commercial proposals.
f) although COMPANY promotes and protects the freedom of information and expression, it is still prohibited to distribute content and messages that promote or incite violence and racial hatred.
g) to send threats and insults.
h) to cause harm to anyone.
i) intending in any way to violate the computer systems of the SUPPLIER.
l) damaging, impairing or preventing the systems of the SUPPLIER.
m) any use be it malicious, illegal or otherwise contrary to good faith.
The COMPANY has no obligation to monitor the methods of use of our services and therefore that the services are used within accordance of the law. The COMPANY shall not be held responsible for such activities or others carried out by the CUSTOMER, even if these are reported to the COMPANY.
However in cases of alerts these will be verified and the service may be suspended or terminated at the discretion of COMPANY if within the limits of our ability and capacity, we will identify violations.
The COMPANY reserves the right to inspection regardless of the receipt of reports.
In the event of changes in price or service, involving a cost more expensive for the CUSTOMER or a lower service level, these changes will be announced 30 days prior to the renewal of existing services. If after 30 days from the date of communication, the services are renewed or a cancellation request is not received, the new conditions will be deemed accepted.
Changes will instead be applied without notice if they are due to acts beyond our control such as, but not limited to, price changes imposed by law or taxation, shocks in the foreign exchange market, coups and changes in the prices of our suppliers.
The COMPANY may also vary prices based on the FOI prepared by ISTAT.
The following are deemed automatically accepted, as they are favourable to the CUSTOMER, price reductions, and increases in the level of service offered.
The COMPANY provides support closely related to the provision of its services at the times indicated on the website via tickets. In no event will it intervene on customer systems, or in any case unrelated to those of the COMPANY may not provide assistance to them.
13. Sale of third party services
The services can be sold and provided for distribution, however the products and software of third-parties, cannot be guaranteed by the COMPANY, nor our suppliers. The CUSTOMER acquires and uses such services at their own risk and they will not be refundable.
14. Cancellation of the Profile
The request for cancellation of the profile, will result in the termination of all the CUSTOMER SERVICES provided by the COMPANY, including those not related or governed by this agreement. Payments for these services will not be refundable.
15. Denial of Service
The COMPANY reserves the right to suspend and terminate at any time and for any reason the service provided. Unless the suspension or termination falls within any of the cases provided for in this agreement, the COMPANY will reimburse the customer, if permitted by the nature of the service, in proportion to the share of services not yet delivered. For example, if a contract of three months at the value of 100 €, is ceased on the 40th day, the customer will be reimbursed in proportion to the amount paid, which is the 50 unused days, i.e. € 55.55.
16. Revision of Terms
The company reserves the right to modify at any time the provisions hereof. These will be communicated with a 30-day notice to the CUSTOMER via email or via the website. If the changes are related or are also applicable to the CUSTOMER SERVICE granted, they will have the right to ask the COMPANY via email or ticket, to maintain the current valid agreement until its deadline. If the COMPANY refuses to maintain the agreement unchanged, the CUSTOMER may terminate the agreement, getting a refund proportional to the share of the service not delivered, identical to the procedures for reimbursement under paragraph 15 (Denial of Service).
After 30 days from the date of notice, the changes will be deemed approved by the CUSTOMER, unless there has been a different conclusion to an agreement during this period.
17. Right to reconsider
Pursuant to the Legislative Decree 206/2005, notifying customers that they purchase services for purposes unrelated to their professional activity, of the existence of withdrawal rights which are exercisable within 10 days of the conclusion of the contract by sending notice to email@example.com. However, this law does not apply to services already delivered, with the consumer's agreement, before the 10 days to exercise the right.
For all services offered by the Company, except in cases where it is explained otherwise, the delivery starts before the 10-day right of withdrawal, so it is absolutely impossible to exercise the right of withdrawal, or receive reimbursement for the sums paid.
19. Competent Forum
The supply relationship is governed by the Laws of the Italian state.
Any dispute relating to this agreement is to be considered by the Court of Foggia.
1. Funds and Credit
Credit (also known as Funds) is a service similar to a virtual currency which can be used to is a service consisting of a virtual currency that can be used to pay totally or partially the purchase orders without having to make payments. Some services and products require the constant presence of Credit on CUSTUMER PROFILE to be supplied.
The funds can be purchased directly from the PROFILE in the amount desired, and are consumed by paying purchase orders and the services that need the Credit Service.
Funds acquired can not be refunded under any circumstances, even if not consumed.
2. IP Addresses
The assigned IP with any service provided by the COMPANY, don't belong to the CUSTOMER and are licensed for usage to the CUSTOMER for the duration of the contract. The COMPANY reserves the right to change or remove the IP addresses assigned at any time. The IP addresses must be used according to the rules of the Authority (RIPE, ARIN ...) who administer the IP class of the assigned IP.
3. DDOS protection services
The security services DDOS (Distributed Denial of Service) are provided in best effort to the CUSTOMER.
Although we are committed to protecting your services from the attacks of size equal to the threshold indicated in the plans chosen, we cannot guarantee in any case 100% to meet this commitment due to outside causes that do not depend on us.
Indeed DDOS attacks are characterized by considerable changeability, and you cannot guarantee the ability to cope with all types. There may be malfunctioning equipment providers and other acts beyond our control. Also attacks on other customers may affect the service offered as a whole.
If the attack exceeds the protection purchased, the IP address will be set to null route automatically by our systems (i.e. will no longer be accessible on the internet), and more attempts will be verified if the attack is still going on, and if it exceeds the maximum threshold. If the magnitude of the attack has been reduced sufficiently, the IP will be restored.
It is should be pointed out that the protection against these attacks is a very hexose service in terms of resources, therefore if your service receives attacks of considerable size, or for long periods of time, the service will obviously be suspended. The suspensions for this reason, do not give rise to repayment, because in fact it is an abuse of the service (although free from penalty).
Given the nature of the service we cannot refund periods of null route (in fact caused by an external force, that is, the attacker).
It is noted that in the calculation of clean traffic, there is both the two-way traffic between our systems and users, and the two-way traffic between our systems and client servers. For example, in the transfer of an image, it will be calculated if the traffic generated by the transfer of this to our systems, and by the transfer of the image from our systems to user.
4. SSL Certificates
SSL Certificates are issued by a third authority, therefore we cannot provide guarantees on adherence and functionality of certificates purchased.
5. Domain Names
The COMPANY deals with CUSTOMER registration and or transfer of domain names, who will be the de facto owner. This agreement is to integrate with the terms of the authority responsible for the registration of the specific domain name.
6. Virtual servers
Virtual servers are managed independently by the CUSTOMER. The service is offered in accordance with the general rules of the agreement. Remember there is no guarantee as to the integrity of the data, so it is up to the CUSTOMER to make the necessary backups to external services that we offer. The service is unmanaged, that is, the customer will be responsible for managing the full virtual server and will not ask the COMPANY maintenance or whatever.
The CUSTOMER agrees to respect the traffic limits included in the selected plan to avoid service suspension or also the charge of any additional costs due to the resources used in excess.
7. Dedicated servers
Dedicates servers are managed independently by the CUSTOMER. The service is offered in accordance with the general rules of the agreement. Remember there is no guarantee as to the integrity of the data, so it is up to the CUSTOMER to make the necessary backups to external services that we offer. The service is unmanaged, that is, the customer will be responsible for managing the full virtual server and will not ask the COMPANY maintenance or whatever.
7.1 Milan Dedicated servers
The CUSTOMER agrees to respect the traffic limits included in the selected plan to avoid service suspension or also the charge of any additional costs due to the resources used in excess.
The hosting plans are managed independently by the CUSTOMER through the provided panel. The service is offered under the general rules of the agreement. The service is offered in accordance with the general rules of the agreement. Remember there is no guarantee as to the integrity of the data, so it is up to the CUSTOMER to make the necessary backups to external services that we offer. The service is unmanaged, ie the customer will be responsible for his hosting space and hosted software or applications, he will not ask the COMPANY interventions on their content. Remember that it is the duty of the customer keep his software and hosted applications updated to prevent malfunctions, loss of data and hacker attacks. Some features of hosting plans can be modified for security reasons and therefore malfunctions due to these variations can not be attributed to COMPANY
Last update: 05/04/2016